Town of Kinderhook, NY General Provisions

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This chapter is enacted pursuant to the Municipal Home Rule Law of the State of New York and Chapter 62 of the Consolidated Laws, Article 16, to protect and promote public health, safety, morals, comfort, convenience, economy, Town aesthetics and the general welfare and for the following additional purposes:

To promote and effectuate the orderly physical development of the Town of Kinderhook.

To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property.

To provide adequate and suitably located commercial facilities.

To protect rural character.

To regulate building densities in order to assure access of light and circulation of air, in order to facilitate the prevention and fighting of fires, in order to prevent undue concentration of population, in order to lessen congestion on streets and highways and in order to provide efficient municipal utility services.

To improve transportation facilities and traffic circulation and to provide adequate off-street parking and loading facilities.

To realize a development plan properly designed to conserve the use of land and the cost of municipal services.

To assure privacy for residences and freedom from nuisances and things harmful to the senses, including air pollution.

To protect the community against unsightly, obtrusive and noisome land uses and operations.

To enhance the aesthetic aspects throughout the entire community and maintain its present natural beauty.

To accommodate development appropriate to the economic well-being of the Town.

To create a land use pattern that strengthens the traditional patterns and that strengthens the communities of Valatie and Village of Kinderhook.

To conserve soils of statewide and local significance and current agricultural lands.

To protect open space, scenic vistas, agriculture and historical locations.

To continue light industrial accessibility and use of properties adjacent to rail lines.

§ 250-2 Word usage; definitions.

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 copartnership and any other agency of voluntary action.

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY APARTMENT

A separate and complete dwelling unit that is incidental and subordinate to a single-family dwelling unit and is located within the structure of that single-family dwelling unit or is an accessory structure. An accessory apartment must obtain those approvals required in § 250.30 of the Code.

[Amended 11-6-2014 by L.L. No. 1-2014]

ACCESSORY BUILDING

A building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of the main building.

ACCESSORY RETAIL

Retail stores which sell merchandise which is incidental and accessory to the principal use of the main building on the same lot from which the retail selling will occur.

[Added 9-9-2002 by L.L. No. 1-2002]

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building.

ADULT ENTERTAINMENT

An establishment consisting of, including or having the characteristics of any or all of the following:

(1)

ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(2)

ADULT CABARET

(a)

An establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas;

(b)

A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.

(3)

ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(4)

ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

AGRICULTURAL ACTIVITIES; AGRICULTURE

The use of land for agricultural purposes, including farming, keeping of animals, dairying, pasturage, horticulture, floriculture, viticulture, silviculture, apiaries, and animal and poultry husbandry, and the necessary accessory uses permitted by § 250-19J.

AGRICULTURAL PRODUCTS

The thing or things produced as a result of agricultural activities.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location to another.

AREA, BUILDING

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.

ATTIC

That space of a building which is immediately below and wholly or partly within the roof framing. An attic with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.

AUTO OR FARM EQUIPMENT SALES LOTS

Any open area used for the display, sale or rental of new or used motor vehicles or farm equipment.

AUTO REPAIR SERVICES

Establishments primarily engaged in furnishing all types of automotive repair. It does not include those facilities that only dispense gas and oil directly into the vehicles.

BASEMENT

A story partly below finished grade but having at least 1/2 of its height, measured from floor to ceiling, but not less than four feet, above average finished grade. A basement shall be counted as one story in determining the height of a building in stories.

BED-AND-BREAKFAST

A residential lodging facility in an owner-occupied dwelling offering from one to four sleeping rooms for rent, with one communal dining facility serving breakfast only.

BOARDINGHOUSE

A building, other than a hotel, containing a general kitchen and a general dining room, in which at least three but not more than six sleeping rooms are offered for rent, with or without meals. A lodging house, tourist house or rooming house shall be deemed a boardinghouse.

BUFFER

Landscaped areas, fences, walls, berms, or natural vegetation, or any combination thereof, used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.

BUILDING

Any structure which has one or more floors or stories and is intended for the shelter, housing or enclosure of persons, animals or chattels.

[Amended 4-12-2004 by L.L. No. 6-2004]

BUILDING ENVELOPE

That portion of a lot located within the minimum prescribed front, rear and side yard setback distances, within which a structure and its accessory uses, driveways, parking lots, or other disturbed areas are permitted to be built on.

BUILDING GROUP

A group of two or more principal buildings, and any buildings accessory thereto, occupying a lot in ownership and having any yard in common.

BUILDING-INTEGRATED SOLAR ENERGY EQUIPMENT (BIE)

An active solar system that is an integral part of a principal or accessory building rather than a separate mechanical device replacing or substituting for an architectural component of the building. Building-integrated solar energy equipment includes but is not limited to photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, awnings and tile.

[Added 11-13-2017 by L.L. No. 1-2017]

BUILDING LINE

The line, established by statute, local law or ordinance, beyond which a building shall not extend, as specifically provided by law.

BUILDING, MAIN

A building that houses the lot's principal use of the lot on which it is located.

BUILDING, SEMIDETACHED

A building attached by a party wall to another building, normally of the same type, on another lot, but having one side yard.

BULK

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.

BUNGALOW COLONY

A group of two or more dwelling structures on a single premises, designed for seasonal occupancy, and not more than one of which is used for the purpose of all-year-round residence, which premises does not include a public lobby or dining room serving guests. The term "bungalow colony" includes cottage or cabin colonies or development, but does not include trailer park, trailer camp, boardinghouse, hotel or motel.

CAMP

Any parcel of land on which are located two or more tents, shelters or other accommodations of a design or character suitable for seasonal or other temporary living purposes, including resort and day camp, but not including a trailer park, boardinghouse, hotel or motel or bungalow colony.

CELLAR

Any space in a building, the structural ceiling level of which is less than four feet above average finished grade, where such grade meets the exterior walls of the building. A cellar shall not be counted in determining the permissible number of stories.

COMMERCIAL STABLES

A horse farm utilized for the commercial breeding, boarding or riding of horses for the general public.

COMMERCIAL VEHICLE

A vehicle of more than one-ton capacity used for the transportation of persons or goods primarily for gain, or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.

COMMUNITY BENEFIT OR AMENITIES

Open space or housing for senior families (as defined herein), parks, elder care, day care or other specific physical, social or cultural amenities of benefit to the residents of the community, as authorized by the Town Board (as defined herein) as conditions for the granting of incentive zoning.

COMMUNITY POLE

A sign owned and maintained by the Town Board or by a group of businessmen as approved by the Town Board and which sign contains several directional signs for the purpose of directing persons to business and community establishments within the community.

CONTRACTOR'S YARD

Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery, vehicles or parts thereof which are in active use by a construction contractor.

CONVENIENCE STORE

Any retail establishment containing not more than 2,500 square feet of space and not more than four tables for on-site consumption of food and beverages, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods. Some convenience stores may also have land area, or a portion thereof, used for the retail dispensing or sales of vehicular fuels.

[Amended 4-12-2004 by L.L. No. 6-2004]

COVERAGE

That parcel area or percentage of parcel area covered by buildings or structures, parking areas, sidewalks, and accessory buildings or structures.

[Amended 4-12-2004 by L.L. No. 6-2004]

CUSTOMARY HOME OCCUPATION

A business, profession, occupation or trade conducted by the occupant of a dwelling unit or accessory structure and which is incidental and secondary to the use of the dwelling unit and does not change the residential character thereof. Such use shall be fully consistent with the use limitations established by § 250-19.

DAY-CARE CENTER

An establishment providing for the care, supervision, and protection of children and licensed pursuant to § 390 of the Social Services Law.

DENSITY BONUS

An incentive given to land developers in exchange for the provision of senior citizen housing and preservation of agricultural lands by those developers. A density bonus permits more intensive development of the land in exchange for providing senior family housing. Section 250-12 provides the terms and conditions under which this density bonus is granted.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any nonagricultural use or extension of the use of land.

DISTRICT, MORE RESTRICTED OR LESS RESTRICTED

In the following list, each district shall be deemed to be more restricted than the districts which follow it: FP, H, AR, R-2, R-3, MHP, B-1, B-1A, I-1.

DORMITORY

A building, other than a hotel or motel, containing dwelling units or rooms for the housing of nontransient persons attending or employed by a community college, other college or university. Such building may not contain kitchen and dining room facilities.

DRIVE-IN MOVIE

An open lot or part thereof, with appurtenant facilities, devoted primarily to the showing of moving pictures on a paid-admission basis to patrons seated in automobiles or on outdoor seats.

DRIVE-THROUGH

Any establishment that, by design, physical facilities, or services, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

DUMP

A lot or land used primarily for the disposal, by abandonment, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DWELLING

A building designed or used principally as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling," "multiple dwelling" and "dwelling group" shall not be deemed to include a motel, hotel, rooming house or other accommodations used for more or less transient occupancy. (See "residence.")

DWELLING GROUP

A group of two or more dwellings occupying a lot in one ownership.

DWELLING, MULTIFAMILY

A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.

DWELLING, ONE-FAMILY

A building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A building containing two dwelling units.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

FAMILY

Consists of one person, or two or more persons related by blood, marriage or adoption, or not more than five persons not necessarily related by blood, marriage or adoption, and, in addition, any domestic servants, who live together in a single dwelling unit and maintain a common household. The term "family" does not include "senior family" which is hereinafter defined.

FARMING OPERATIONS or FARM

A parcel of land used for agricultural activities, including horticulture, animal husbandry, forestry, and production nurseries and greenhouses for profit.

FARM MARKET

A permanent structure that is owned and/or operated by a farmer which primarily sells agricultural products and related goods to the general public.

FARM PARCEL

See "farming operations" or "farm."

FARM-RELATED BUSINESS

A business operated on a farm parcel, related to or supporting agricultural activities, including but not limited to U-pick operations.

FARM STAND

A nonpermanent structure, in excess of 30 square feet in size, such as a table, vehicle, wagon or tent, used for the sale of agricultural products grown, raised or produced on the same premises.

FINISHED GRADE

The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of building and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.

FLOOR AREA

The aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating two buildings.

(1)

In particular, the floor area of a building or buildings shall include:

(a)

Basement space.

(b)

Elevator shafts and stairwells at each floor.

(c)

Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.

(d)

Penthouse.

(e)

Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet six inches or more.

(f)

Interior balconies and mezzanines.

(g)

Enclosed porches.

(h)

Accessory uses, not including space for accessory off-street parking.

(2)

However, the floor area of a building shall not include:

(a)

Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

(b)

Elevator and stair bulkheads, accessory water tanks and cooling towers.

(c)

Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.

(d)

Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.

(e)

Uncovered steps, exterior fire escapes.

(f)

Terraces, breezeways, open porches, outside balconies and open spaces.

(g)

Accessory off-street parking spaces.

(h)

Accessory off-street loading berths.

GASOLINE FILLING STATION

Any building, land area, or other premises, or portion thereof, for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel, and may include as an accessory use the sale and/or installation of lubricants, tires, batteries, and similar vehicle accessories. Gasoline filling stations which sell motor vehicle fuels may also house a convenience store. (A gas station is not a convenience store, but a convenience store may be located on the same parcel as a gas station.)

HEALTH CLUB

An establishment that offers, on a membership basis, facilities, equipment and programs for exercise, weight loss and body development.

HEAVY EQUIPMENT REPAIR

Establishments primarily engaged in furnishing repair to large equipment, including but not limited to bulldozers, backhoes, and dump trucks.

HEIGHT OF BUILDING

The vertical distance measured from the average finished grade along the wall of the building (or adjacent to the side of the structure) to the highest point of such building or structure.

HIGH-TENSION LINE

Any electric line operating a voltage in excess of 69 kilovolts.

HOSPITAL

A building containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

HOTEL

A building or any part thereof which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.[1]

INCENTIVE ZONING

The system by which specific incentives or bonuses are granted on the condition that specific physical, social or cultural benefits or amenities would inure to the community.

INDOOR RECREATION

Any completely enclosed recreational use, such as bowling, pool, video game room, batting cages, etc.

JUNK

Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, scrapped, ruined, dismantled, or wrecked motor vehicles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

JUNK CAR

See the definition provided for "abandoned, junked or inoperative motor vehicle" in Chapter 232, § 232-2, of the Town of Kinderhook Code.

JUNKYARD

An establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk.

KENNEL

Any place at which there are kept any number of dogs for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.

LANDSCAPING, MAJOR

The business of removal or planting of trees, shrubs, flowers or grass and ongoing maintenance of yards and other landscaped areas with mowers and other equipment. Major landscaping facilities use large equipment on the premises, such as tractors, backhoes, and bulldozers. They may or may not grow plants on the premises.

LANDSCAPING, MINOR

The business of mowing, yard and landscape cleanup and tree trimming and weeding. A minor facility does not use heavy motorized equipment and does not grow plants used in landscaping on the premises.

LOT

A defined portion or parcel or land considered as a unit, devoted to a specific use or occupied by a building or a group of buildings that are united by a common interest, use or ownership, and the customary accessories and open spaces belonging to the same. Every lot shall have a minimum of 50 feet of road frontage on a public or private roadway.

[Amended 11-6-2014 by L.L. No. 1-2014]

LOT, CORNER

A lot situated at the junction of and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135°.

LOT COVERAGE

See "coverage."

LOT, DEPTH OF

The mean distance from the front property line to the rear property line.

[Amended 4-12-2004 by L.L. No. 6-2004]

LOT FRONTAGE

A lot line which is coincident with a street line.

LOT LINES

The lines bounding a lot as defined herein.

LOT, THROUGH

A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.

LOT WIDTH

The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines, or the width of a lot measured along the rear line of the required front yard.

MINOR SITE PLAN MODIFICATION

A proposed change in the site plan which will not modify any material component of the site plan approval or alter the intent or character of the development and will not result in any adverse environmental or community impacts. If a proposed change requires a variance from the standards prescribed in this chapter, it will not be considered a minor modification. The Planning Board, in its discretion, will determine whether a proposed change qualifies as a minor modification.

[Added 10-19-2009 by L.L. No. 3-2009]

MOBILE HOME

A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities (HUD definition).

MOBILE HOME LOT

A designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home and its occupants.

MOBILE HOME PARK

Any parcel of land designated by the Town Zoning Map[2] for the placement of mobile homes.

MOTEL

A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use primarily by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment, known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge," "tourist court," "tourist cabin" or "roadside hotel."

MULTIFAMILY DWELLING

A building containing three or more dwelling units, including units that are located one over the other.

NONCONFORMING BULK

The height, bulk, building locations, coverage of structures and the size of buildings which were permitted before the effective date and which are maintained after the effective date although they do not comply with the bulk restrictions applicable to the area in which they are located after the effective date and shall be governed as provided in § 250-44 hereof.

NONCONFORMING USE

Any use of a building, other structure or tract of land which does not conform to the use regulations for the district in which such use is located, either at the effective date of this chapter or as a result of subsequent amendment thereto.

NURSERY SCHOOL

Any place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to six years of age, inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.

NURSING OR CONVALESCENT HOME

A building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.[3]

OVERLAY DISTRICT

A zoning district delineated on an overlay map which is superimposed on one or more established zoning districts for the purpose of imposing within these districts permitted uses otherwise disallowed or that imposes additional density or bulk requirements above that required by the underlying zone or zones.

PARCEL

A delineated area or plot of land which may be occupied or designed to be occupied by a principal building and its accessory structure or structures, including the yards required by this chapter, shown as a distinct entity on the Tax Assessor's maps of the Town.

PREMISES

A lot, together with all the buildings and uses thereon.

PRIVATE CLUB

A facility operated, whether or not primarily for profit, by a corporation, association or group of people for the social, educational or recreational intent of the dues-paying members and their guests.

PUBLIC NUISANCE

Conduct or an omission which offends, interferes with, or causes damage to the public in the exercise of rights common to all in a manner such as to offend public morals, interferes with use by the public of a public place, or endangers or injures the property, health, safety or comfort of a number of persons.

QUALIFIED STRUCTURE

A nonresidential structure or accessory structure constructed and existing prior to the enactment of the Town Code on July 10, 1978.

[Added 11-6-2014 by L.L. No. 1-2014]

RESIDENCES, RESIDENTIAL

A building or any part of a building that contains living and sleeping accommodations for permanent occupancy. "Residences," therefore, includes all one-family, multifamily, boarding, fraternity and sorority houses. However, "residences" shall not include the following:

(1)

Transient accommodations, such as hotels, motels and hospitals.

(2)

That part of a building containing both residences and other uses which is used for any nonresidential uses, except accessory uses for residences.

RIDING ACADEMY

Any establishment where horses are kept for riding, driving or stabling for compensation.

RIGHT-OF-WAY

A party's right, established by usage, contract, or legislation, to pass through or over real property owned by another. This definition includes public roads and highways.

[Amended 4-12-2004 by L.L. No. 6-2004]

ROAD FRONTAGE

The linear distance between the side lots measured parallel and adjacent to the roadway on which the parcel fronts at the edge of the roadway at the location of the front yard setback.

[Added 11-6-2014 by L.L. No. 1-2014]

SENIOR CITIZEN

Persons that meet one of the following criteria are eligible for senior housing:

(1)

A single person 62 years of age or older;

(2)

Two or three persons, all of whom are 62 years of age or older;

(3)

A married couple in which one spouse is 62 years of age or older;

(4)

One child residing with a parent who is 62 years of age or older, provided that the child is over the age of 18;

(5)

The surviving spouse of a person 62 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death; and

(6)

If there is no child in residence, an adult 18 years of age or older residing with a person 62 years of age or older, provided that the adult is essential to the long-term care of the elderly person, as certified by a physician duly licensed in New York State.

SENIOR HOUSING

Dwellings specifically designed to house senior families. Some senior housing may have communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents. Senior housing units are not assisted living facilities or a continuing care retirement community.

SETBACK

The distance between the building and the front property line or the distance between the building and the road right-of-way, whichever is further from the center line of the road.[4]

SINGLE OWNERSHIP

Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.

SOLAR ENERGY GROUND EQUIPMENT (SGE)

Materials, apparatus or hardware necessary to the process by which solar radiation is collected, stored, distributed and/or converted into another form of energy for the purposes of supplying heating, cooling, hot water or electricity. This shall only include materials, apparatus or hardware installed upon the ground and not mounted on a structure.

[Added 11-13-2017 by L.L. No. 1-2017]

SOLAR ENERGY STORAGE DEVICES

Equipment designed to store power that is generated in excess of the immediate needs of a site having a solar energy installed system under this chapter.

[Added 11-13-2017 by L.L. No. 1-2017]

SOLAR ENERGY STRUCTURAL EQUIPMENT (SSE)

Materials, apparatus or hardware necessary to the process by which solar radiation is collected, stored, distributed and/or converted into another form of energy for the purposes of supplying heating, cooling, hot water or electricity. This shall only include materials, apparatus or hardware mounted on a structure and not installed upon the ground.

[Added 11-13-2017 by L.L. No. 1-2017]

SOLAR FARM

A large-scale or utility-scale solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.

[Added 11-13-2017 by L.L. No. 1-2017]

SPECIAL USE PERMIT

An authorization of a particular land use which is permitted in this chapter, subject to requirements imposed by such chapter to assure that the proposed use is in harmony with such chapter and will not adversely affect the neighborhood if such requirements are met.

STORY

That part of a building comprised between a floor and the floor or roof next above it. (See "attic," "basement" and "cellar.")

STORY, HALF

That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.

STREET

An existing public way or private way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on a plat approved by the Town Planning Board and/or recorded in the office of the County Clerk.

STREET WIDTH

The width of the right-of-way or the distance between property lines on opposite sides of a street.

STRUCTURE

A static construction of building materials, including buildings, stadiums, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings (whether mobile or stationary at the time) and the like.[5]

TOWNHOUSE

A building consisting of a series of one-family attached dwelling units having common party walls between each dwelling unit.

TRAILER CAMP

Any parcel of land designated by the Town Zoning Map[6] for the placement of travel trailers.

TRAILER, HOUSE

See "mobile home."

TRAILER, TRAVEL

Any portable vehicle or structure which is designated to be transported on its own wheels or mounted on another vehicle and intended to be used for temporary living quarters or for travel, business, recreation or vacation purposes. In this definition, the word "temporary" means not more than 90 days over a twelve-month period. This definition includes but is not limited to motor homes, truck campers, folding tent trailers and vehicles converted to temporary sleeping quarters.

UNIFIED SOLAR PERMIT (USP)

An expedited solar permitting process developed by the NY-Sun public-private partnership which uses a unified permit across municipalities in New York State.

[Added 11-13-2017 by L.L. No. 1-2017]

USE

This term is employed in referring to:

(1)

The purpose for which any building, other structure or land may be arranged, designed, intended, maintained or occupied.

(2)

Any occupation, business activity or operation conducted (or intended to be conducted) in a building or other structure or on land.

VACANT STRUCTURE

Any building, structure or portion thereof designed or used for residential or commercial purposes which has been vacant and abandoned for a period of 60 days or longer. Specifically excluded are all agricultural structures, such as barns, and storage sheds.

VIDEO RENTAL

An establishment where video cassettes and video players/recorders are offered for rent to the general public as a principal use.

WAY

A thoroughfare, however designated, permanently established for passage of persons or vehicles.

YARD, FRONT

Land extending across the full width of the lot and lying between the front lot line of the lot and the nearest point of the building.

YARD, REAR

Land extending across the full width of the lot and lying between the rear lot line of the lot and the nearest point of the building.

YARD, REQUIRED

The open area of a lot, extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.

YARD, SIDE

A yard situated between the building and the sideline of a lot and extending from the front yard rear line (or from the front lot line if there is no required front yard) to the rear yard front line (or rear lot line).

[1]

Editor's Note: The original definition of "house trailer," which immediately followed this definition, was repealed 4-12-2004 by L.L. No. 6-2004.

[2]

Editor's Note: The Zoning Map is on file in the Town offices.

[3]

Editor's Note: The original definition of "poster," which immediately followed this definition, was repealed 2-10-1997 by L.L. No. 4-1997.

[4]

Editor's Note: The original definitions of the following terms, which immediately followed this definition, were repealed 12-11-1995 by L.L. No. 5-1995 and again 2-10-1997 by L.L. No. 4-1997: "sign"; "sign, advertising"; "sign area"; "sign, business"; "sign, directly illuminated"; "sign, flashing"; "sign, illuminated"; "sign, indirectly illuminated"; and "sign, representation." For current definitions relating to signs, see § 250-23.

[5]

Editor's Note: The original definitions of "telecommunication antenna" and "telecommunication tower," which immediately followed this definition, were repealed 1-14-2008 by L.L. No. 1-2008.

[6]

Editor's Note: The Zoning Map is on file in the Town offices.