Town of Bethel, NY
Sullivan County
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Table of Contents
Table of Contents

§ 345-1 Scope; severability.

[Amended 4-26-2012 by L.L. No. 1-2012[1]]
A. 
This chapter permits within specified districts or zones, and regulates therein, buildings and structures according to their construction and the nature and extent of their use and the nature and uses of land in the Town of Bethel in the County of Sullivan and provides for the administration and enforcement of provisions herein contained and fixes penalties for the violation thereof.
B. 
If any word, phrase, sentence, part, section, subsection, or other portion of this chapter, or the application thereof to any person or to any circumstance, is adjudged or declared invalid or unenforceable by a court or other tribunal of competent jurisdiction, then, and in such event, such judgment or declaration shall be confined in its interpretation and operation only to the provision of this Law that is directly involved in the controversy in which such judgment or declaration is rendered, and such judgment or declaration of invalidity or unenforceability shall not affect or impair the validity or enforceability of the remainder of this chapter or the application hereof to any other persons or circumstances. If necessary as to such person or circumstances, such invalid or unenforceable provision shall be and be deemed severed herefrom, and the Town Board hereby declares that it would have enacted this chapter, or the remainder thereof, even if, as to particular provisions and persons or circumstances, a portion hereof is severed or declared invalid or unenforceable.
[1]
Editor's Note: Appendix A to this local law, which details the Town Board’s findings of fact and its purpose and intent in enacting said local law, is on file in the Town offices.

§ 345-2 Intent; statutory authority.

The intent of this chapter is to establish a specific and detailed plan for the orderly and desirable development and use of land in the Town of Bethel in accordance with the authority granted to the Town under Article 16 of the New York Town Law.[1] This chapter is, moreover, intended to protect and promote public health, safety, morals, comfort, convenience and the general welfare of the people by meeting the goals, objectives and recommendations set forth in the Comprehensive Plan and to effectuate the Comprehensive Plan.
[1]
Editor's Note: See Town Law § 261 et seq.

§ 345-3 Purpose.

This chapter is intended to carry out, but not be limited to achieving, the following purposes:
A. 
To provide for the public health and safety of Town residents.
B. 
To conserve and enhance property values: Based on accessibility, the presence or absence of limiting physical factors, the existence of present compatible land uses with strong potential for continuation and the overall economical development of the community, to designate appropriate zones or use districts in the Town for the various land uses and densities most appropriate thereto in order to conserve and enhance the value of property.
C. 
To maintain and protect the rural character of the Town.
D. 
To strongly encourage the protection of agricultural resources.
E. 
To provide for a variety of housing unit types to accommodate the needs of persons of all incomes, ages and family sizes of the Town's present and future population.
F. 
To prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.
G. 
To fix reasonable standards to which buildings or structures shall conform and to encourage the highest standards of environmental balance within the Town in accordance with the objectives of the Comprehensive Plan.
H. 
To further the goals set in the Town's resolution to support sustainable development practices, including, but not limited to, conserving, preserving and sustaining the Town's natural resources, peace and tranquility for the economic prosperity and health of future generations.

§ 345-4 Word usage.

Words used in the present tense include the future; the singular number shall include the plural, and the plural, the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; and the word "shall" is mandatory and not optional.

§ 345-5 Definitions.

As used in this chapter, including all schedules, maps and appendixes included herein, the following terms shall have the meanings indicated below. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; and the word "shall" is mandatory and not optional. Words appearing in this chapter not specifically defined shall have their ordinary dictionary meanings.
ABANDONMENT OF USE
The telecommunications facility equipment or structure has not received or transmitted telecommunications or radio signals for one year.
[Added 3-24-2011 by L.L. No. 1-2011]
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ACRE
Consists of 43,560 contiguous square feet of land.
ADULT-ORIENTED BUSINESS
Shall have the meaning set forth at § 345-32B of this chapter.
AGRIBUSINESS
A commercial, nonanimal, agricultural operation with intensive operational characteristics, including but not limited to high water consumption or energy use; employment generating demand for on-site parking; or processes requiring extensive building coverage. Agribusiness may include uses requiring facilities for indoor growing, cooking, dehydrating, refining, packing, warehousing or other treatment of agricultural products. Said definition specifically excludes slaughterhouses, rendering plants or other agricultural operations involving animals.
AGRICULTURE, ON-SITE PROCESSING
One or more facilities or operations that transform, package, sort, or grade dairy products, agricultural commodities, or plants or plant products, into goods that are used for intermediate or final consumption, including goods for food and nonfood use.
AIRPORT or HELIPORT
Any area of land which is used or intended for use for the landing and taking off of aircraft; also, any appurtenant areas which are used or intended for use or other airport buildings and facilities.
ANTENNA
A device used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes, and single poles, known as "whips."
[Added 3-24-2011 by L.L. No. 1-2011]
AUTOMOTIVE-RELATED USES
A use that includes any automotive sales where two or more new motor vehicles in operating condition are offered for sale or are displayed for hire or for sale and includes establishments engaged in the short-term rental or long-term leasing of passenger cars, vans or trucks without drivers.
AUTOMOTIVE REPAIR, SERVICE, AND FILLING STATIONS
Any use used for the supply of gasoline, oil or other fuel for the propulsion of motor vehicles and the provision of such services for motor vehicles that includes polishing, greasing, servicing, or repairing said motor vehicles. Such use shall include any building used for the servicing and repair of motor vehicles, including bodywork. Such repair work shall be conducted wholly within a completely enclosed building.
BED-AND-BREAKFAST
Owner-occupied one-family dwelling used for providing overnight accommodations that may include a morning meal to transient lodgers, containing at least three but not more than five bedrooms for such lodgers.
BILLBOARD
A sign which directs attention to a business commodity, service or entertainment conducted, offered or sold elsewhere than on the premises where the sign is located.
BOATHOUSE
A building especially designed for the storage of boats, including motorboats, personal watercraft, and vessels, as those terms are defined in § 104-3 of this Code.
BUILDING
A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING COVERAGE
That portion of a lot which is covered by structures, including buildings, carports, patios and other appurtenances having an attachment to the ground but not including driveways or sidewalks.
BUILDING HEIGHT
The vertical distance measured from the average of the ground levels at the front and rear of a building to the highest point of the roof, not including chimneys, spires, water tanks and similar projections.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the lot on which the same is located.
CAMPGROUND or RECREATIONAL VEHICLE PARK
See Chapter 120 of the Code entitled "Campgrounds and Recreational Vehicles."
CAMPSITE
Shall have the definition for the term "campsite" as set forth in Chapter 120, § 120-2.
[Amended 10-22-2014 by L.L. No. 2-2014]
CEMETERY
Land used for the interment of human remains, including a burial park for earth interments, which may include a mausoleum for vault or crypt interments, operated for a not-for-profit organization.
COMMERCIAL GROUP
Two or more retail establishments totaling at least 10,000 square feet of rentable commercial space and sharing certain facilities such as parking, public utilities and open space.
COMMUNITY BUILDING
A facility that is constructed for and devoted to meetings or gatherings for business, educational, recreational or community pursuits for use publicly or privately.
COMPREHENSIVE PLAN
The Comprehensive Plan adopted by the Town Board of the Town of Bethel for the future preservation and development of the Town pursuant to § 272-a of the New York State Town Law, as the same may from time to time be amended, updated, and supplemented, including without limitation by planning policy statements, goals, and standards adopted by the Town Board.
[Amended 4-26-2012 by L.L. No. 1-2012]
CONSERVATION SUBDIVISION
A form of development for single-family residential subdivisions that permits a reduction in lot area and other development standards, given the specific site conditions, and where no less than a specified proportion of the total land area is devoted to permanent open space.
CONTAMINATION
Any hazardous substance, toxic material, or other substance, chemical or waste, emission, discharge or pollutant or comparable material (hereafter, a "pollutant") listed, identified or regulated pursuant to any applicable federal, state or local laws, statutes, ordinances, rules or regulations and other requirements of governmental authorities relating to the environment, natural resources, or human health and safety, which has been released into the environment. Contamination includes the release of any substance for which any governmental authority has provided a waiver or exemption to any potential discharger or class of dischargers, and but for that waiver or exemption the substance would be a pollutant because of its hazardous characteristics, including, but not limited to, ignitability, toxicity, corrosivity, and/or reactivity, or potentially significant negative impact on public health and safety and/or the environment.
[Added 4-26-2012 by L.L. No. 1-2012]
COUNTY DEPARTMENT OF PLANNING
The Sullivan County Department of Planning and Environmental Management or any successor agency or department that fulfills the requirements for review under the New York State General Municipal Law § 239-m.
DAY-CARE CENTER
A facility licensed or authorized and regulated by the State of New York Department of Social Services pursuant to § 390 of the Social Services Law. A day-care-center program provides for more than three hours and less than 24 hours per day of care away from the child’s home by an individual, association, corporation, institution or agency by someone other than the parent, stepparent, guardian, or relative within the third degree of consanguinity of the parents or stepparents of such child for three or more children. A day-care center shall not include a day camp, after-school program operated for the primary purpose of religious education or a facility operated by a public school district.
[Amended 4-12-2017 by L.L. No. 2-2017]
DRIVE-IN OR FAST-FOOD ESTABLISHMENT
Any establishment primarily offering, for sale, take-out food and drink for consumption off-premises, including commercial food stands.
DWELLING
Any building or portion thereof designed or used exclusively as the residence or sleeping place for one or more persons. A dwelling shall not include either a manufactured home or a mobile home.
[Amended 4-14-2010 by L.L. No. 2-2010]
A. 
A detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
B. 
A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
C. 
A building or portion thereof used or designed as a residence for three or more apartment or dwelling units, including one-family attached dwellings or townhouses.
D. 
A detached single-family or two-family dwelling which is temporarily occupied by a person or persons having a usual residence elsewhere from whence they customarily journey to work, send children to school, vote, or conduct other principal activities. A seasonal dwelling may have any of the following characteristics: a lack of year-round water supply; a lack of a furnace or heat source; a lack of indoor plumbing; a lack of insulation; or seasonal use typically during warmer weather months.
E. 
A seasonal dwelling that is offered for lease or rent to occupants who are primarily transient in nature or otherwise qualifies as an R-1 residential occupancy as defined under the Building Code of New York State, Section 310.1, as hereafter supplemented or amended.
DWELLING UNIT
One or more rooms, including cooking facilities and sanitary facilities, in a structure designed as a unit for occupancy by not more than one family for living and sleeping purposes.
EATING AND DRINKING PLACE
Any establishment where food and drink are regularly prepared and served for consumption either on or off the premises, including restaurants, food service establishments, commercial food stands and drive-in or fast-food establishments. An eating and drinking place may be operated from any facility specifically constructed for this purpose.
ENCLOSED STRUCTURE
A building with a floor, walls and a roof all made of impervious materials, providing structural support and designed to prevent the release of contamination resulting from any of the activities conducted or materials stored within.
[Added 4-26-2012 by L.L. No. 1-2012]
ENLARGEMENT OR EXPANSION
When applied to a nonconforming use shall mean:
[Added 10-22-2014 by L.L. No. 2-2014]
A. 
Any increase in the height or area of any building or building footprint, including but not limited to the addition of any stories, dormers, rooms, porches, decks or similar improvements;
B. 
The construction of any additional buildings or improvements on the real property comprising such nonconforming use or the addition of any accommodations thereto that could be used for dwelling purposes that are:
(1) 
An extension of said nonconforming use; or
(2) 
An accessory use to said nonconforming use;
C. 
The increase of any land area comprising such nonconforming use; or
D. 
The increase of the intensity of the nonconforming use.
EQUIPMENT SALES
Any commercial use that consists of the display for sale or hire new or used farm, lawn and garden, or construction or similar equipment.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, CATV, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety and general welfare. "Essential services" shall also include firehouses, first-aid and emergency-aid squads, whether provided by a municipal or nonprofit agency. The term "essential services," however, shall not include the term "telecommunications facility," which is separately defined herein and regulated by § 345-28 of this chapter.
[Amended 3-24-2011 by L.L. No. 1-2011]
FAMILY
One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living together as a single housekeeping unit though not related by blood, adoption or marriage.
FARM OPERATIONS
Shall have the same meaning as set forth in the New York State Agriculture and Markets Law at § 301, Subdivision 11.
FARM STAND
A temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such stand is located.
FOOD SERVICE ESTABLISHMENT
Any establishment where food and drink are prepared specifically for consumption off site as in the headquarters of a catering operation.
FOUNDATION
A wall or pier extending at least four feet below grade or an equivalent load-bearing structure certified by a licensed professional engineer, having a fixed location on the ground and capable of serving as a support for a structure or structural part of a building, such as a wall, pier or column. All foundations shall meet the relevant criteria set forth in the New York State Uniform Fire Prevention and Building Code applicable to general building construction.
FRATERNAL ORGANIZATION
A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal membership requirements.[1]
GROUP HOME
A nonprofit or for-profit boarding home for sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation.
HOME-BASED BUSINESS
A business that sells products at retail to the general public in person, or provides a service oriented to the rural residential or agricultural needs of the Town (e.g., excavating business, lawn maintenance, landscaping business or personal service establishments) that proposes the use of space in the principal residential structure or in its accessory building(s) that is clearly incidental and secondary to the use of the principal structure.
HOME OCCUPATION
Any legal activity carried out for gain by a resident that is customarily incidental to the principal permitted residential use and is conducted entirely within the principal dwelling unit or accessory structure. Examples include, but are not limited to, an artist studio, creation of crafts, mail-order business, home office or professional office. A home occupation shall not involve in-person retail sales to the general public nor the storage of materials out-of-doors.
HOTEL
A building or portion thereof containing rooms that are used, rented or hired out to be occupied for transient sleeping purposes for compensation, whether the compensation is paid directly or indirectly. No such rooms shall contain individual kitchen or cooking facilities.
HOUSE OF WORSHIP
A building for religious assembly.
INSTITUTIONAL USE
A nonprofit or public use, such as a library, hospital, or government-owned or -operated building, structure, or land used for public purpose.
INTERPRETIVE CENTER
Is a facility dedicated to the dissemination of knowledge of natural or cultural heritage, similar to a museum, but located near and operated in connection with a cultural, historic or natural site.
JUNKYARDS
Buildings, structures or premises where junk, waste, discarded or salvage materials are bought or sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards and yards for house wrecking and structural steel materials and equipment, but not including premises used for the purchase or storage of used furniture and household equipment or used cars in operable condition.
KENNEL
Any enclosure, premises, building, structure, lot or area in or on which more than four dogs of at least four months of age are kept, harbored or maintained for commercial or noncommercial purposes for continuous periods of 24 hours or more.
LIGHT INDUSTRIAL USE or LIGHT INDUSTRY
A business premises engaged in the fabrication of finished products or parts, predominantly from previously prepared materials, including processing, assembly, treatment, packaging, and incidental storage, sales, and distribution of such products, but excluding manufacturing use as defined in this § 345-5, and excluding any explicitly prohibited use, as defined at § 345-38.
[Amended 4-26-2012 by L.L. No. 1-2012]
LIVESTOCK RAISING
The keeping, fattening or breeding of various forms of farm, ranch and preserve animals, including but not limited to rabbits, deer, dairy and beef cattle, hogs, sheep and goats, poultry, equines, ratites, llamas and other farm, game and exotic animals raised as a source of income or as a novelty.
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building, or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as are required by this chapter, and having frontage on a public street.
A. 
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
B. 
The mean horizontal distance between the front and rear lot lines.
C. 
The property lines bounding the lot.
(1) 
The line separating the lot from a street.
(2) 
The lot line opposite and most distant from the front lot line.
(3) 
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
(4) 
A lot line separating the lot from a street or alley.
D. 
The distance between the two side lot lines measured at the required setback line.
E. 
The computed area contained within the lot lines of any parcel.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit when affixed to a permanent foundation or placed on a concrete slab and connected to the required utilities. Manufactured homes are built to the U.S. Department of Housing and Urban Development standards.
MANUFACTURED HOME PARK
Any plot of ground upon which two or more manufactured homes, spaced less than 500 feet apart and occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
MANUFACTURING or MANUFACTURING USE
A business premises engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, and the creation of products, but excluding any explicitly prohibited use, as defined at § 345-38.
[Amended 4-26-2012 by L.L. No. 1-2012]
MINING
The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use, exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. Mining shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities. In no event shall mining be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are defined at § 345-38 of this chapter).
[Amended 4-26-2012 by L.L. No. 1-2012]
MOBILE HOME
A movable or portable dwelling not less than 12 feet in width nor 50 feet in length, built on a chassis, designed for long-term occupancy, containing a flush toilet, a tub or shower and bath and kitchen facilities and equipped with water supply, electrical supply and sewage disposal connected to outside systems.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes, spaced less than 500 feet apart and occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
MODULAR HOME
A home that is constructed to New York State Building Code standards, partially assembled in a factory and transported to a home site in a minimum of two sections, each of which is transported to building site separately, with installation of heating system and application of siding coming after erection of the home, and which is indistinguishable in appearance from conventionally built homes.
MOTELS, MOTOR COURTS and MOTOR HOTELS
A series of attached dwelling structures, where each unit has convenient access to parking space for the use of the unit's occupant. The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests and without the provision for cooking in any room or suite.
MUSEUM
A permanent facility in the service of society and of its development, open to the public, which acquires, conserves, researches, communicates and exhibits the heritage of humanity and its environment, for the purposes of education, study, and enjoyment.
NEIGHBORHOOD STORE
A retail business establishment of not more than 5,000 square feet in floor area, offering consumer goods for sale and located in a separate building, if one story, or on a separate floor of a multistory building. This excludes drive-in restaurants.
NONCONFORMING USE
Any use, lawfully in existence within a given zoning district on the effective date of this chapter, which shall be made nonconforming on the passage of this chapter or any applicable amendment thereto.
NONPROFIT EDUCATIONAL INSTITUTION
Any educational institution of higher learning chartered by the State of New York or a private educational institution subject to regulations prescribed by the State of New York, which institution is operated on a nonprofit basis.
NURSERY or GREENHOUSE (COMMERCIAL)
A facility involved in the cultivation of ornamental and horticultural products, including but not limited to flowers, trees, shrubs, and vines. Activities may also include the retail sale of said products outdoors or in an enclosed facility.
OPEN SPACE
Any land or water area in which the preservation in its present state would conserve and enhance natural or scenic resources, protect streams or water supply, promote conservation of soils, wetlands, beaches or tidal marshes, enhance the value to the public of abutting or neighboring parks, forest, wildlife preserves, or nature reservations or sanctuaries or other open space areas, enhance recreation opportunities, preserve historic sites, or preserve visual quality along highway, road, and street corridor or scenic vistas. Open space is also that land that is developed to enhance any of the foregoing elements, including the construction of access points, hiking trails, ATV and snowmobile trails, beaches, golf courses, and similar recreational activities, all on such conditions as may be reasonably required by the Planning Board.
PLANNED UNIT DEVELOPMENT
A structure or group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas and includes 75 or more dwelling units.
PLANNING BOARD
The duly appointed Planning Board of the Town of Bethel.
POULTRY RAISING, HIGH-DENSITY
A farm, the major occupation of which is the raising of poultry, wherein there is one square foot or less of floor space per bird in those structures housing the poultry.
POULTRY RAISING, LOW-DENSITY
A farm, the major occupation of which is the raising of poultry, wherein there is more than one square foot of floor space per bird in those structures housing the poultry.
PRIMARY OFFICE
A professional or business office that is the headquarters or main office of any business or commercial use.
PRINCIPAL PERMITTED USE
A principal use allowed as a matter of right in the district in which it is permitted.
PROFESSIONAL AND BUSINESS OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
[Amended 10-22-2014 by L.L. No. 2-2014]
A. 
A recreational facility operated as a business and open to the public that is conducted entirely indoors such as a roller-skating rink, video arcade or bowling alley.
B. 
A recreational facility operated as a business or open to the public that is conducted outdoors as set forth in § 345-17B.
C. 
A commercial outdoor recreational facility operated as an open air concert venue for music or other entertainment or assembly, as that term is defined at Chapter 90, § 90-2, but which venue will be operated for a period of time not to exceed 60 cumulative hours in any calendar year.
D. 
A recreational facility such as a pool, tennis court, playground or similar amenity that is operated by a private organization, to include but not be limited to summer camps, schools or similar organizations, and open only to bona fide members, guests or residents of that private organization. Private noncommercial outdoor recreational facilities are subject to the requirements of § 345-17B of this chapter.
[Amended 4-12-2017 by L.L. No. 2-2017]
RESEARCH AND DEVELOPMENT
A use devoted to the systematic investigation or experimentation involving innovation or technical risk, the outcome of which is either new knowledge or new or improved materials, products, devices, processes, or services. The research and development use includes basic research, applied research, and experimental development and testing. The research and development use does not include the manufacture of products for wholesale or retail sale or the commercial servicing or repair of products.
RESTAURANT
Any establishment primarily offering sit-down dining for sale and consumption of food and drink on-premises.
RETAIL USE
A use devoted principally to the sale of goods or commodities in small quantities directly to consumers.
SERVICE USE
A use devoted principally to the sale of services directly to consumers.
SCHOOL
Public or private, primary and secondary educational facilities providing education up through and including the twelfth-grade level operated by a local school district or by a private, denominational, or parochial organization.
[Added 10-22-2014 by L.L. No. 2-2014]
SHOOTING RANGE
An indoor or outdoor facility intended to be used for firearms practice. Indoor ranges typically will have a back wall with a sloped earthen berm or bank, with reinforced baffles additionally situated along the roof and side walls. Ventilation is carefully controlled to pull smoke and lead particles away from the shooting line and to exhaust them from the building. Outdoor shooting ranges typically will be backed by a high retaining wall, earth mound, sandbag barrier or specially designed funnel-shaped traps to prevent the ricochet of bullets or shots going outside the bounds of the shooting range.
SIGN
A name, identification, description, display or illustration or any other visual display which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. A "sign" includes a billboard, neon tube, fluorescent tube or other artificial light or string of lights outlining or hung upon any part of a building or lot for the purposes mentioned above, but does not include legal notices such as "no trespassing" notifications, provided that they are no larger than two square feet in area or the flag or insignia of any nation or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or similar organization, campaign, drive, movement or event which is temporary in nature.
SIGN, DIRECTIONAL
A sign indicating the location and direction of premises other than those on which the sign is located.
SPECIAL USE
A use which because of its unique characteristics requires individual consideration through a procedure of review by the Planning Board, applying the standards and criteria of § 345-30 of this chapter, in order to determine whether a special use permit should be granted, conditionally granted, or denied.
[Amended 4-26-2012 by L.L. No. 1-2012]
STORAGE TANKS, COMMERCIAL
An aboveground or belowground storage tank exceeding a storage capacity of 1,000 gallons used for the storage for resale of gaseous or liquid materials, including but not limited to propane, chemicals and petroleum products.
STRUCTURE
Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports.
SUMMER CAMP
The development or use of a lot, tract or parcel of land for recreation or instruction on a seasonal basis within the approximate time period of May 15 to October 15 offering access to recreational or educational facilities and which includes any or all of the following features: temporary or permanent shelters, buildings or structures that are designed for warm weather, seasonal use, including cabins, dormitories, cafeterias, gymnasiums, community centers, administration buildings, and similar structures designed for use by the camp attendees; ball playing fields; basketball courts; tennis courts; running tracks; swimming pools; horseback riding facilities; hiking or riding trails and similar recreational or educational facilities. The seasonal occupants of a summer camp shall be limited to the owner and his or her immediate family, the caretaker, children under the age of 18 years who may pay a fee or tuition to attend as campers and persons employed by the owner or operator of any such camp to support its functions, including counsellors, cooks and maintenance personnel. A summer camp shall not include temporary or permanent shelters, buildings or structures designed for use or occupancy by family members of the children who are attending the summer camp or the employees who work there.
[Amended 10-22-2014 by L.L. No. 2-2014]
SWINE RAISING, HIGH-DENSITY
Any farm operation conducted for financial or other valuable consideration that consists of the raising of swine where the number of swine exceeds 50 at any given time.
TELECOMMUNICATIONS EQUIPMENT BUILDING
The building in which the electronic receiving and relay equipment for a telecommunications facility is housed.
[Added 3-24-2011 by L.L. No. 1-2011]
TELECOMMUNICATIONS FACILITY
Consists of the equipment and structures involved in receiving or transmitting telecommunications or radio signals, but limited to those facilities with respect to which the state and federal governments have not, under public utility laws, strictly preempted the Town from regulating.
[Added 3-24-2011 by L.L. No. 1-2011]
THEATER
Is a performance hall where theatrical works or plays are performed or other performances such as musical concerts may be given. A theater shall include all open-air facilities, such as outdoor stages, amphitheaters or performing arts centers.
TOWER
A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures include monopoles and lattice construction steel structures.
[Added 3-24-2011 by L.L. No. 1-2011]
TOWN BOARD
The duly constituted Town Board of the Town of Bethel.
TRANSIENT
To remain in a place for only a brief time, typically less than six months. It shall also mean a person who stays for a short time only, such as a hotel guest, boarder, or seasonal lessee or licensee.
[Added 4-14-2010 by L.L. No. 2-2010]
TRAVEL TRAILER
A vehicular portable structure, built on a chassis, designed to be used as a temporary residence for travel, recreational and vacation use, having a body width not exceeding eight feet and being of any length, provided that its gross weight does not exceed 4,500 pounds.
A. 
A travel trailer having sleeping, kitchen and full bathroom equipment, with a holding tank and provision for attachment to a sewer connection.
B. 
A travel trailer having sleeping and kitchen facilities but without full bathroom equipment, a holding tank and provision for attachment to a sewer connection.
USABLE AREA (WITH RESPECT TO INDIVIDUAL WASTE DISPOSAL SYSTEMS)
The general area required and suitable for the normal and reasonable development of each building site in a subdivision to permit the provision of water supply and sewage facilities to serve the area for the proposed occupancy in accordance with the provisions of local ordinances, watershed rules and regulations and the requirements of the New York State Department of Health or other state agency having jurisdiction.
A. 
A usable area shall not be deemed to include any area occupied by an existing building, structure, lake, stream, pond or swamp or area of exposed or underlying rock or groundwater within two feet of the surface, or marginal areas subject to flooding or along streams or other bodies of water.
B. 
The area intended for separate sewerage systems shall be well drained by natural or artificial means.
C. 
The Department may require to be shown such usable area as it may deem necessary for any other type of land usage other than single-family occupancy indicated on the plan or permitted under existing zoning laws, if any.
D. 
The usable area shall include a protective area not less than 10 feet in width laterally on all sides of the separate sewerage system and such other protective area between any separate sewerage system and any water supply line or drainage, watercourse or other hazardous condition as the Department shall deem necessary or adequate.
E. 
As applied to separate sewerage systems, the usable area shall contain suitable absorptive area for a depth of not less than two feet below proposed leaching devices. Where placement of soils is made in sewage leaching areas, the existing surface soils may not be displaced over clay or rock.
USE
The specific purpose for which a parcel of land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
VARIANCE
An area variance or a use variance, as the context may admit.
[Added 4-26-2012 by L.L. No. 1-2012]
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner that is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
[Added 4-26-2012 by L.L. No. 1-2012]
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations.
[Added 4-26-2012 by L.L. No. 1-2012]
VINEYARD
A plantation or farmland devoted to cultivating grape-bearing vines, grown mainly for winemaking, but also for raisins, table grapes and nonalcoholic grape juice.
WAREHOUSE
A building, or part of a building, for storing goods, wares and merchandise, whether for the owner or others, and whether it is a public or private warehouse.
YARD
An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
A. 
An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.
B. 
An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
C. 
An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZONING MAP
The Zoning Map or Maps for the Town of Bethel, New York, together with all amendments subsequently adopted.
[1]
Editor's Note: The former definition of “gambling,” which immediately followed this definition, was repealed 4-26-2012 by L.L. No. 1-2012.

§ 345-6 Interpretation; greater restrictions to apply.

In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinance, provided that where this chapter imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of a building or requires larger open spaces, the provisions of this chapter shall apply.