The present tense shall include the future; the singular number
shall include the plural and the plural the singular. The word "shall"
is always mandatory.
Certain words and terms used in this chapter are defined for
the purposes thereof as follows:
A separate dwelling unit, with its own cooking, sanitary
and sleeping facilities, within a one-family dwelling, but subordinate
to it in size and appearance. An "accessory apartment" may also be
a unit, as detailed above, and subordinate to the principal dwelling
in size and appearance, created in an existing barn, garage or other
accessory building on a one-family dwelling lot.[1]
[Added 2-9-1989 by L.L. No. 3-1989]
The production of crops or plants or vines and trees.
A public way having a right-of-way width of 20 feet or less.
The keeping, grazing, feeding and care of animals other than
household pets or more than two saddle horses or ponies. However,
the term, "animal husbandry" shall not be construed to include the
activities of fur farms, pig farms or cage-type poultry houses.
A device which is attached to a tower or other structure
for transmitting or receiving radio or electromagnetic waves.
[Added 1-26-1998 by L.L. No. 1-1998]
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. All dimensions
shall be measured between the exterior faces of walls.
When referring to the required area per dwelling unit, means
net land area, the area exclusive of streets and other public open
space.
A premises, including open areas other than a street or way
and showrooms enclosed within a building, used for the display or
sale of new or used automobiles, trucks, cargo trailers and boats.[2]
The space on a tower or structure to which antennas are both
structurally and electromagnetically able to be attached.
[Added 1-26-1998 by L.L. No. 1-1998]
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises.
A story partly underground but having at least 1/2 of its
height above the average outside ground level.
The primary sending and receiving site in a wireless telecommunications
or other communications network. More than one base station and/or
more than one variety of communication service provider can be located
on a single tower or structure.
[Added 1-26-1998 by L.L. No. 1-1998]
An off-premises outdoor advertising structure typically found
in high traffic areas such as alongside busy roads.
[Added 9-3-2009 by L.L. No. 3-2009]
The length of a street between two street intersections.
Where street intersections are at intervals greater than 1,200 feet,
1,200 feet shall be considered the length of block for purposes of
this chapter.
A dwelling, other than a hotel or motel, wherein more than
three people are sheltered and/or fed for compensation.
Any structure used or intended for supporting or sheltering
any use or occupancy.
[Amended 9-8-2011 by Ord. No. 4-2011]
A building, the use of which is customarily incidental to
that of a principal building and which is located on the same lot
as that occupied by the principal building.
A use customarily incidental to the use of a principal building,
not occupying more than 25% of the total aboveground floor area of
the principal building thereof and including:
The office or studio of a physician or surgeon, dentist, accountant,
artist, musician, lawyer, architect, engineer, teacher, insurance
agent, real estate broker or other such professional person residing
on the premises, provided that there is no advertising display visible
from the street, other than a small professional nameplate. The above
shall not be interpreted to include the office or place of business
of a mortician.
Customary home occupations, as defined herein, provided that:
Any addition to a building, a change or rearrangement in
the structural parts or exit facilities, or any change in the use
from one district classification to another, or removal of a building
from one location to another.
The vertical distance measured from average elevation of
the finished lot grade at the front of the building to the highest
point of the ceiling of the top story, in the case of a flat roof;
to the deck line of a mansard roof: and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
Shall be known as the Code Enforcement Officer appointed pursuant to § 180-83 of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
The line of that face of a principal building nearest the
street line. In the case of a corner lot any building line nearest
to a street line shall be considered a "front building line."
An established building or structure lawfully existing prior
to and at the time of the adoption of this chapter or any amendment
thereto which, because of its inherent nature of construction, does
not conform to and with the provisions of this chapter for the district
in which it is located.[4]
A permit issued pursuant to § 180-85 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
A building, including covered porches, in which is conducted
the principal use of the lot on which it is situated. In any residence
district any dwelling shall be deemed the "principal building" of
the lot on which it is situated.
A one-story structure not more than 50 square feet in area
to provide shelter at school bus and other bus stops.
Any area on which are located two or more cabins, tents or
tent floors, camp or travel trailers, shelters, houseboats or other
accommodations of a design or character for seasonal or other more
or less temporary living purposes, whether or not such structures
are actually occupied seasonally or otherwise.
A portion of a building having more than 1/2 of its height
below the average outside ground level.
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbaria,
crematories, mausoleums and mortuaries when operated with and within
the boundary of such cemetery.
A line midway between and parallel to two street or road
property lines, or as otherwise defined by the Planning Board.
A type of certificate issued pursuant to § 180-88 of this chapter for structures or portions thereof to be occupied by persons.
[Added 9-8-2011 by Ord. No. 4-2011]
The segment of the radiation spectrum from an antenna which
carries one signal. An antenna may radiate on many channels simultaneously.
[Added 1-26-1998 by L.L. No. 1-1998]
A building for public worship.
A structure designed for the practice of dentistry, in which
nonresident patients are treated.
A structure designed for the practice of medicine, in which
nonresident patients are treated.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
The Code Enforcement Officer and all inspectors shall also
be known as "Code Enforcement Officers."
[Added 9-8-2011 by Ord. No. 4-2011]
A structure, located at a base station, designed principally
to enclose equipment used in connection with personal wireless service
or other communications systems.
[Added 1-26-1998 by L.L. No. 1-1998]
A tower, antenna and any accessory structures or equipment
designed, used or intended to be used for transmission or receiving
of electromagnetic or radio communications signals as part of a commercial
activity.
[Added 1-26-1998 by L.L. No. 1-1998]
An order issued by the Code Enforcement Officer pursuant to § 180-97A of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
That type of construction in which the walls, partitions,
columns, floors and roof are noncombustible, with sufficient fire
resistance to withstand the effects of a fire and prevent its spread
from story to story.
A one-story retail store containing less than 3,000 square
feet of gross floor area that is designed and stocked to sell primarily
food, beverages and household supplies to customers who purchase only
a relatively few items. Such establishment may include the retail
sale of gasoline, oil and other automotive fluids, but no repairs
or servicing of motor vehicles shall be permitted.
[Added 10-9-2003 by L.L. No. 3-2003]
An existing building modified to create in it up to 12 separate
dwelling units, depending on the size of the building, the size of
the lot and the zoning district in which the building is located.
[Added 12-28-1989 by L.L. No. 9-1989]
An unoccupied open space, other than a yard. An "outer court"
is one that extends to the street or to the front or rear yard. An
"inner court" is any other "court."
That percentage of the lot covered by the building area.
The officially established grade of the curb in front of
the midpoint of the lot.
Unit of measure of the power level of an electromagnetic
signal expressed in decibels referenced to one milliwatt.
[Added 1-26-1998 by L.L. No. 1-1998]
See "fraternity."
Includes drive-in outdoor theaters, refreshment stands, banks
and the like where patrons enter the premises and are served or entertained
in automobiles. Deposit and pickup services shall not be considered
"drive-in businesses" as defined herein.
Land situated on a lot used or intended to be used to provide
access to it by vehicular traffic.
Land used for the disposal, by abandonment, dumping, 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, either liquids or solids.
A house or other building designed or used primarily for
human habitation. The word "dwelling" shall not include tourist homes,
mobile homes, motels, hotels or other structures designed for transient
residents. A bus is not construed to be a "dwelling."
A dwelling or group of dwellings on one plot, containing
separate living units for three or more families but which may have
joint services or facilities, or both.
A detached building designed for the use of a single household,
including one or more persons living as a family, and wherein not
more than three boarders are sheltered and/or fed for profit.
A dwelling accommodating or designed to accommodate but a
single family in a single dwelling unit, the walls on two sides of
which may be in common with the walls of adjoining dwellings and are
party or lot line walls.
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
A building having two side yards and accommodating but two
families, with one family living over the other.
Any dwelling or portion thereof used or intended to be used
by one family and providing complete housekeeping facilities therefor.
A separate, detached, temporary dwelling unit, with its own
cooking, sanitary and sleeping facilities, accessory to a one-family
dwelling, for the use of and occupied by the elderly relatives of
the occupants of the one-family dwelling.
[Added 2-9-1989 by L.L. No. 2-1989]
A center organized to promote and foster education in the
arts, humanities or sciences, with facilities for, but not limited
to, libraries, archives, seminars, lectures, conferences and workshops,
which is not a college or university giving general academic instruction.
[Added 2-24-1983 by L.L. No. 1-1983]
A college or university giving general academic instruction.
Included within this term are areas or structures used for administration,
housing of students and faculty, dining halls and social or athletic
activities, when located on the institution's land that is not detached
from land where classroom facilities are maintained.[6]
Electromagnetic frequency radiation.
[Added 1-26-1996 by L.L. No. 1-1998]
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
[Added 9-8-2011 by Ord. No. 4-2011]
Effective radiated power.
[Added 1-26-1998 by L.L. No. 1-1998]
That portion of a building wall containing the business's
main public entrance, which corresponds to the height and width of
the interior space rented or owned by the tenant of the business establishment.
[Added 9-3-2009 by L.L. No. 3-2009]
A property or any part thereof which is owned or leased by
one or more personal wireless or other communications service providers
and upon which one or more personal wireless or other communications
service facility(ies) and required landscaping are located.
[Added 1-26-1998 by L.L. No. 1-1998]
A building or group of buildings, usually with equipment,
where goods are manufactured.
Any structure or component thereof (excluding mobile home,
see definition) designed primarily for residential occupancy, which
is wholly or in substantial part manufactured in manufacturing facilities
located away from the building site for installation or assembly and
installation on the building site.
One or more persons who live together in one dwelling unit
and maintain a common household, which may consist of a single person
or of two or more persons, whether or not related by blood, marriage
or adoption and may also include domestic servants and gratuitous
guests. This definition does not intend to prohibit group homes and/or
community living arrangements that are determined to be protected
by the Federal Fair Housing Law, provided such facilities are licensed
and permitted under the authority of the appropriate state department
or agency.[7]
A facility for mentally ill or mentally retarded adults and
children. The home is intended for the admission of such individuals,
who are provided with a program of services and protective supervision
in a home setting.
A parcel of land of not less than 10 acres used for the production
of crops, livestock or livestock products, including dairy products,
eggs, poultry, aquaculture, fruit, nuts, honey, vegetable and field
crops, plantations, orchards, nurseries, greenhouses or other similar
operations used primarily for the raising of agricultural or horticultural
commodities. The term "farm" includes necessary farm structures within
the prescribed limits of the farm parcel and the storage of equipment
as part of the farm operation. The term "farm" does not include public
stables, dog kennels, cage-type poultry farms, fur farms, nursery
farms and pig farms. Notwithstanding the ten-acre limitation contained
in this definition, land located within an Agriculture District, as
that term is defined by Article 25-AA of the Agriculture and Markets
Law, which is used in agricultural production in accordance with the
definitions contained in § 301 of the Agriculture and Markets
Law, shall be deemed to constitute a farm, regardless of its acreage.
Nothing herein shall be deemed to prohibit gardening, the raising
of animals or other agricultural activities conducted for private
use or consumption as an accessory use to a dwelling.
[Amended 5-17-1984 by L.L. No. 1-1984; 7-10-1997 by L.L. No.
1-1997]
A special event held by a farm market designed to provide
agricultural marketing and promotional activities for the farm and/or
the region's agricultural producers. A farm festival may include such
activities not usually conducted by a farm market, such as entertainment,
dancing, cultural and educational activities and food service. It
is anticipated that a farm festival will be designed to attract large
numbers of attendees to the farm market.
[Added 7-1-1997 by L.L. No. 1-1997]
A structure in which 5,000 or more birds are housed, one
or more to a cage, in meshwork floored cages elevated above the main
floor of the structure, and in which all normal processes relating
to live birds are accomplished without removing the birds from the
cage.
Any building, structure or place owned by a municipal corporation or under lease to or in possession of a public or private agency, used or intended to be used by two or more producers for the direct sale of farm and food products and as further defined and described in Article 22 of the Agriculture and Markets Law of the State of New York, as permitted by § 180-69 of this chapter.
[Added 7-10-1997 by L.L. No. 1-1997]
A structure in which 25 or more fur-bearing animals are kept
for breeding and/or sale.
A structure operated as an accessory use to a farm, for the sale of agricultural and farm products, as permitted by § 180-68.
[Added 7-10-1997 by L.L. No. 1-1997]
The principal building used as a dwelling on any tract of
land classified as a farm.
Any tract of land on which trees, shrubs and flowers are grown for transplanting, for use as stocks for budding and grafting or for sale. Agricultural products that are nonmechanical and used by the farmer ordinarily in the production of his crop or commodity and plant life similar to that grown on the farm may also be sold as permitted by § 180-59.
[Added 5-17-1984 by L.L. No. 1-1984]
Any tract of land on which five or more pigs are kept.
Federal Communications Commission; the government agency
responsible for regulating telecommunications in the United States.[8]
[Added 1-26-1998 by L.L. No. 1-1998]
FCC OET Bulletin 65, Edition 97-01, August 1997, entitled
"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio
frequency Electromagnetic Fields" as the same may be amended or superseded.
[Added 1-7-1999 by L.L. No. 1-1999]
The policies, guidelines, requirements and limits with regard
to human exposure to radio frequency (RF) fields adopted by the FCC
on August 1, 1996, which amended Part 1 of Title 47 of the Code of
Federal Regulations and which were further amended by action of the
FCC on August 25, 1997 (47 CFR 1.1307(b), 1.1310, 2.1091 and 2.1093,
as amended), as the same may be amended or superseded.
[Added 1-7-1999 by L.L. No. 1-1999]
The areas of special flood hazard for the Town of North East,
as identified and defined on the Federal Emergency Management Agency's
Flood Insurance Rate Map, effective May 2, 2012.[9]
The sum of the gross horizontal area of the several floors,
including the basement, of a building and its accessory buildings
on the same lot, and including the area of roofed porches and roofed
terraces. All dimensions shall be measured between exterior faces
of walls.
The floor area of a building divided by the area of the lot
which it occupies.
A facility used for housing, with or without dining facilities,
of students attending an educational institution as defined herein
and which is approved as a residence for its students by the aforementioned
educational institution.
A wholly enclosed parcel of land maintained for the possession,
propagation, protection, safeguarding and/or preservation of game
or wildlife. A "game or wildlife preserve" shall not include the operation
of a shooting preserve or a rod and gun club.
[Added 5-4-1995 by L.L. No. 4-1995]
A garage not conducted as a business or used for the storage
space of more than one commercial vehicle which shall be owned by
a person residing on the premises.
A garage conducted as a business. The rental of storage space
for more than two passenger cars or for one commercial vehicle not
owned by a person residing on the premises shall be deemed a business
use.
Gigahertz: one billion hertz.
[Added 1-26-1998 by L.L. No. 1-1998]
The elevation of the center line of the streets as officially
established by the municipal, county or state highway authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A measure of the percentage of calls which are able to connect
to the base station during the busiest hour of the day. Grade of service
is expressed as a number, such as p.05, which means that 95% of callers
will connect on their first try. A lower number (p.04) indicates a
better grade of service.
[Added 1-26-1996 by L.L. No. 1-1998]
One hertz is the frequency of an electric or magnetic field
which reverses polarity once each second, or one cycle per second.
[Added 1-26-1998 by L.L. No. 1-1998]
For the purposes of the Zoning Code of the Town of North
East, Routes 22, 44, and 199 are considered arterial highways.
[Added 9-3-2009 by L.L. No. 3-2009]
Any use conducted entirely within the primary building or
an ordinary accessory building which is incidental and secondary to
the use of the building lot for residential use and does not change
the residential character of the dwelling and in which there is no
external display of the goods used or produced in such home occupation.
There shall be no more than one nonresident employee involved in the
home occupation, and signs shall be limited to a size appropriate
to the residential district. A customary "home occupation" shall not
be construed to include that which requires the presence in the home
of machinery or equipment normally associated with commercial or industrial
activities or that which produces offensive noise, vibration, smoke,
dust, odors, heat, glare or other nuisances.
A dwelling in which overnight accommodations are provided
for not more than 10 transient paying guests.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanitariums, and shall be limited to the treatment or other care of
humans.
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment, and shall
exclude the treatment or other care of humans.
A building or group of buildings in which there are 12 or
more rental sleeping rooms and which may also include dining rooms,
kitchens, serving rooms, ballrooms and other facilities and services
intended primarily for the accommodation of its patrons.
A dwelling occupied by permanent guests only and not by transients.
It may include restaurants, newsstands and other accessory services
primarily for serving its occupants and only incidentally the public.
An establishment engaged in either selling of goods to the
general public and rendering services incidental to the sale of such
goods or an establishment engaged in rendering services to individuals
and/or other business establishments, both of which are to occur within
an enclosed building.
[Added 8-21-2003 by L.L. No. 2-2003]
Includes the entire range of economic activity, and as applied
to specifics, i.e., manufacturing, wholesale, retail, services, etc.,
shall have the meaning set forth in the Standard Industrial Classification
Manual, published by the Executive Office of the President, Bureau
of the Budget, 1957.
Includes those activities described under Code 6 in the Dutchess
County Planning Department Land Use Classification and Code, except
junkyards, scrap and waste wholesaling.
An inspector appointed pursuant to § 180-83D of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
A lot, land or structure, or part thereof over 200 square
feet in area, used primarily for the collecting, storage and/or sale
of wastepaper, rags, scrap metal or discarded material, or for the
collecting, dismantling, storage and salvaging of machinery or vehicles
not in running condition and for the sale of parts thereof, except
as accessory to a principal industrial use of the lot. Two or more
motor vehicles not in operating condition shall be deemed to constitute
a junkyard.
Any establishment, including cages, dog runs and structures,
wherein more than four dogs which are over six months old are harbored.
A business premises equipped with individual clothes washing
and drying and/or cleaning machines for the principal use of retail
customers.
A piece, parcel or plot of land occupied or designed to be
occupied by a principal building and its accessory building or buildings
and including the yards and other open spaces required by this chapter.
A lot which has an interior angle of less than 135° at
the intersection of two street lot lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at points beginning within the lot or at points of intersection
of the side lot lines with the street line intersect at an interior
angle of less than 135°.
The horizontal distance from the street line of the lot to
its opposite rear line, measured along the median between the two
side lot lines.
A lot other than a corner lot.
The lines that bound a lot as defined herein.
Any lot which has been established as such by plat, survey,
record or deed prior to the date of this enactment as shown on the
records of the Dutchess County Clerk's office.
An interior lot having frontage on two parallel or approximately
parallel streets.
The distance between the side lot lines measured along the
front building line as determined by the front yard requirement prescribed
by this chapter.
Any operation (other than in connection with foundations
for a structure or highway construction) involving:
Megahertz: one million hertz.
[Added 1-26-1998 by L.L. No. 1-1998]
A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, connected
to utilities and designed and constructed without a permanent foundation
for year-round living. A unit may contain parts that may be folded,
collapsed or telescoped when being towed and expanded later to provide
additional cubic capacity as well as two or more separately towable
components designed to be joined into one integral unit capable of
being again separated into the components for repeated towing.
Any lot on which two or more mobile homes are located, regardless
of whether or not a charge is made for such accommodations.
Any change or proposed change in maximum power input or output
and/or number of antennas and/or change in operating frequency of
an existing communications or personal wireless facility.
[Added 1-26-1998 by L.L. No. 1-1998]
Any increase or proposed increase in dimensions or change
to marking or lighting of an existing tower or other structure designed
to support personal wireless service, or other communications transmission,
receiving and/or relaying antennas and/or equipment.[10]
[Added 1-26-1998 by L.L. No. 1-1998]
A single self-supporting vertical pole with no guy wires,
usually consisting of a galvanized or painted metal, or a wooden pole.
[Added 1-26-1998 by L.L. No. 1-1998]
A place of public lodging containing not less than eight
rental units with provisions for, but not limited to, automobile parking
space to accommodate not less than one car per unit, separate toilet
facilities and hot and cold running water for each rental unit.
[Amended 8-14-1986 by L.L. No. 2-1986]
Any premises used by a motor freight company regulated by
the Public Service Commission of New York and/or the Interstate Commerce
Commission as a carrier of goods, which is the origin and/or destination
point of goods being transported for the purpose of storing, transferring,
loading and unloading such goods.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means, body and fender work or the dismantling
or replacing of engines.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
Any establishment where persons are housed or lodged and
furnished with meals and nursing care for hire.
The utilization of a building, structure or land.
Occupancy for a period not exceeding four months during any
one calendar year.
A map adopted by the Town Board pursuant to the provisions
of § 270 of the Town Law and which may be, or may have been,
revised according to the provisions of § 273 of the Town
Law, which shows streets, highways and parks theretofore laid out,
adopted and established by law and which may show drainage systems.
An unoccupied space, open to the sky, required by the terms
of this chapter.
See § 180-50A(7).
[Amended 10-13-1988 by L.L. No. 4-1988]
The person to whom a building permit has been issued.
[Added 9-8-2011 by Ord. No. 4-2011]
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
[Added 9-8-2011 by Ord. No. 4-2011]
All equipment (including any repeaters) with which a personal
wireless service provider broadcasts and receives the radio-frequency
waves which carry its services, and all locations of said equipment
or any part thereof. A PWSF may be sited on a tower or structure owned
and permitted by another owner or entity.
[Added 1-26-1998 by L.L. No. 1-1998]
An entity licensed by the FCC to provide personal wireless
services.
[Added 1-26-1998 by L.L. No. 1-1998]
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services. These services
include: cellular services, personal communications services (PCS),
specialized mobile radio services and paging services.
[Added 1-26-1998 by L.L. No. 1-1998]
A porch open on three sides except for wire screening. A
porch shall not be considered open if enclosed by either permanent
or detachable glass sash. A structure having a driveway running to
it, under it or through it shall not be considered to be an "open
porch."
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale, as an industrial operation,
and exclusive of the process of grading preparatory to the construction
of a building for which a building permit has been issued, or highway
construction.[11]
Computer-generated estimates of the radiation emanating from
antennas or repeaters sited on a specific tower or structure. The
height above ground, and above mean sea level, power input and output,
frequency output, type of antenna, antenna gain, topography of the
site and its surroundings are all taken into account to create these
simulations. They are the primary tool for determining whether a site
will provide adequate coverage for the personal wireless service facility
proposed for that site.
[Added 1-26-1998 by L.L. No. 1-1998]
A facility for recreation and/or sports, specifically health
and fitness, swimming, tennis, squash, bowling, handball, racquetball,
miniature golf and driving range.
[Added 7-10-1997 by L.L. No. 2-1997]
A small receiver/relay transmitter of not more than 20 watts
output designed to extend service to areas which are not able to receive
adequate coverage directly from a base station, using the same channels
as the base station.
[Added 1-26-1998 by L.L. No. 1-1998]
Radio frequency.
[Added 1-7-1999 by L.L. No. 1-1999]
Written certification, by a professional engineer licensed
to practice in the State of New York and specializing in electrical
engineering with an expertise in radio communications transmitters
and facilities, that:
[Added 1-7-1999 by L.L. No. 1-1999]
The proposed facility operation or device will not exceed the FCC RF Exposure Guidelines (See definition of "FCC RF Exposure Guidelines" in § 180-5).
The proposed facility, operation or device is categorically
excluded from routine evaluation for RF exposure by FCC rules, guidelines
and procedures and by the procedures set forth in FCC OET Bulletin
65.
If the proposed facility is not categorically excluded from
evaluation for RF exposure, the environmental evaluations have been
performed, as may be required by the FCC rules, guidelines and procedures
and by FCC OET Bulletin 65, and that, if required, compliance with
FCC RF Exposure Guidelines has been demonstrated to the FCC.
If the proposed facility is to be located at a site where there
are existing or multiple RF emitters (whether due to collocation on
a single tower or structure or due to the existence of additional
towers on the site at which the facility is to be located), the procedures
for evaluating the RF environment of the site and for ensuring compliance
with FCC RF Exposure Guidelines as set forth in the FCC rules, regulations
and procedures and FCC OET Bulletin 65 have been followed and, if
required, compliance has been demonstrated to the FCC.
An establishment where food and drink are prepared, served
and consumed within an enclosed building and wherein food is served
only to be consumed by customers seated at the tables on the premises.
[Added 8-21-2003 by L.L. No. 2-2003]
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.[12]
A structure or vehicle, whose principal use is the seasonal display and sale of agricultural products grown on the premises and which uses its proximity to a roadway to attract potential customers as permitted by § 180-67 of this chapter.
A group or association of people organized for the purpose
of engaging in recreational activities, such as hunting, fishing,
target shooting, trapshooting and skeet shooting on a wholly enclosed
parcel of land, conducted exclusively by and for club members and
their guests, characterized by membership qualifications, payment
of fees or dues and a constitution and bylaws. A "rod and gun club"
shall not include the operation of a shooting preserve or game or
wildlife preserve unless a separate special use permit is issued by
the Zoning Board of Appeals for a shooting preserve or a game or wildlife
preserve.
[Added 5-4-1995 by L.L. No. 4-1995]
A private hospital, whether or not such a facility is operated
for profit.
Any school having regular sessions with regularly employed
instructors who teach those subjects that are fundamental and essential
in general education under the supervision of the State of New York
or a lawfully constituted ecclesiastical governing body or a private
corporation meeting the requirements of the state.
An educational institution, other than a university or college,
giving general academic instruction, which may include structures
used for administration, student housing, faculty housing, dining
and social and athletic activities, as well as accessory needs.
Same as elementary school, except that secondary education
is provided.
Any school having regular sessions with regularly employed
instructors who, as a principal activity, provide training in a trade
or vocation, and teach those subjects that are fundamental and essential
in elementary or secondary education, under the supervision of the
State of New York or a lawfully constituted ecclesiastical governing
body or a corporation meeting the requirements of the state.
A sewer connected to a municipal sanitary sewer system or
a sanitary sewer connected to a nonmunicipal sanitary sewer system,
the construction plans and the plans for the operation of which shall
be approved by the Dutchess County Department of Health. Any facility
which provides for the disposal of sanitary sewage on a lot occupied
by a principal building other than a sewage disposal plant shall not
be deemed a public sanitary sewer system.
A wholly enclosed parcel of land on which domestic game birds,
legally possessed or acquired, are released and taken by shooting
pursuant to a license issued to the owner or lessee of said parcel
by the New York State Department of Environmental Conservation pursuant
to Article 11 of the Environmental Conservation Law and/or on which
sporting clay activities are conducted. A "shooting preserve" shall
not include the operation of a rod and gun club or a game or wildlife
preserve unless separate special use permits are issued by the Zoning
Board of Appeals for those uses.
[Added 5-4-1995 by L.L. No. 4-1995]
A group of stores, shops, and similar establishments occupying
a single structure, or adjoining structures all of which may be deemed
one building if designed as an architectural unit.
[Amended 9-3-2009 by L.L. No. 3-2009]
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of, a person or entity,
or to communicate information of any kind to the public.[13]
[Amended 9-3-2009 by L.L. No. 3-2009]
Any sign so constructed as to present moving lights, images
or shapes to the viewer.
[Added 9-3-2009 by L.L. No. 3-2009]
An outdoor advertising sign void of advertising or informative
content. An "available for lease" or similar message that concerns
the availability of the sign itself shall not constitute advertising
matter. A sign, whose message has been partially obliterated by the
owner so as not to identify a particular product, service or facility,
or a sign which advertises an event which is outdated by more than
30 days, shall be treated as a blank sign. An outdoor advertising
sign containing a public service message may be recognized as advertising
matter, provided the following criteria are met:
[Added 9-3-2009 by L.L. No. 3-2009]
A sign used to direct individuals or the public to specific
uses, areas, or places for their safety or convenience on the premises
of the business or activity where the sign is located. Does not include
billboards or directions to commercial premises or activities.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign attached to and flat against, or painted on, or applied
to the exterior main entrance wall, or window of said wall of a business.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign identifying the sale of farm products raised on the
premises.
[Amended 9-3-2009 by L.L. No. 3-2009]
Any sign not depending, for its main support, upon a building.
A double-faced sign is considered one sign.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign that projects from the exterior of a building or from
a covered walkway, including, but not limited to, signs on awnings
and canopies.
[Added 9-3-2009 by L.L. No. 3-2009]
Refers to the distance from the average ground level to the
top of the sign structure.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign used to identify the individual or organization occupying
the premises or the name of the building or structure in connection
with which the sign is displayed.
[Amended 9-3-2009 by L.L. No. 3-2009]
A sign which is supported by and integrated with a solid
base, as opposed to poles, posts, or other such supports.
[Added 9-3-2009 by L.L. No. 3-2009]
Every sign that, after the adoption of this amendment, does
not conform to the standards specified herein for the zone in which
it is located or the land or building upon which it is displayed,
shall be deemed a nonconforming sign.
[Added 9-3-2009 by L.L. No. 3-2009]
Signs of a directional nature not located on the property
on which the business or activity referred to is located. Off-premises
signs larger than three square feet in area will be considered to
be billboards.
[Added 9-3-2009 by L.L. No. 3-2009]
A pole sign is considered to be a sign that is mounted atop
a freestanding pole or poles.
[Added 9-3-2009 by L.L. No. 3-2009]
Any device on wheels or stand that is designed to be easily
moved, the purpose of which is to display a sign.
[Added 9-3-2009 by L.L. No. 3-2009]
A display board or structure having characters, letters or
illustrations applied thereto or displayed thereon, in any manner
not inside a building and includes the posting of an advertisement
or notice on a building or structure.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign which prohibits hunting and/or trespassing on the
premises at which it is displayed.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign identifying property on which it is located, or a
building thereon, as being for sale or for rent.
[Amended 9-3-2009 by L.L. No. 3-2009]
A sign which identifies a residential use of a property,
stating the name and/or address of the resident(s).
[Added 9-3-2009 by L.L. No. 3-2009]
A sign erected above the roof line (above coping, eaves,
or cornice).
[Added 9-3-2009 by L.L. No. 3-2009]
A sign that identifies or gives direction to an activity
or new business and that shall be erected for no more than one month.
A sign erected advertising a business activity is not considered a
temporary sign. Garage sale signs are acceptable as temporary signs,
provided they are erected for no more than one week.
[Added 9-3-2009 by L.L. No. 3-2009]
A temporary sign mounted on the interior of a business in
such a way as to be visible from the exterior, primarily intended
to advertise the on-premises sales of a product or products.
[Added 9-3-2009 by L.L. No. 3-2009]
A shotgun target-shooting activity in which standard clay
targets are thrown from one high tower and one low tower thereby varying
the angles of the targets, with five to eight fixed shooting stations
and five shooters in a limited area.
[Added 5-4-1995 by L.L. No. 4-1995]
See "fraternity."
Any device, structure or assembly which converts the energy
of the flow of wind into electrical power, including any machinery,
tower, support hardware and/or enclosures providing mounting or shelter
to any portion of said system.
[Added 7-11-1990 by L.L. No. 1-1990]
A shotgun target-shooting activity utilizing clay targets
and more than two trap houses, towers or shooting stations laid out
over a course, along a path or paths or on a field and designed to
duplicate or simulate actual hunting conditions in which shooters
follow the course from station to station.
[Added 5-4-1995 by L.L. No. 4-1995]
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which horses are kept for remuneration, hire
or sale.
An order issued pursuant to § 180-87 of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure. This, however, shall not
be construed as including the activities of junkyards as defined here.
That part of a building included between any floor, other
than a cellar floor, and the floor or roof next above.
Any public way dedicated to public travel, greater than 20
feet in width.
The right-of-way line of a street as indicated by dedication
or by deed or record.
The determination that a tower or structure is capable of
carrying the load imposed by the proposed new antenna(s) under all
reasonably predictable conditions as determined by professional structural
engineering analysis.
[Added 1-26-1998 by L.L. No. 1-1998]
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any addition to a structure; a change or rearrangement in
the structural parts; any change in use from one district classification
to another; or removal of a structure from one location to another.
Any body of water (excluding natural bodies of water fed
by rivers, streams, brooks or springs) or receptacle for water having
a depth at any point greater than two feet and used or intended to
be used for swimming or bathing, and constructed, installed or maintained
in or on the ground outside any building.
See "bar or tavern."
A measurement of the functional service capability of a communications
network.
[Added 1-26-1998 by L.L. No. 1-1998]
A building or part of a building devoted to presenting entertainment
on a paid admission basis.
Open land with its appurtenant facilities devoted to the
showing of motion pictures to patrons seated in automobiles.
See "home, tourist."
A lattice structure or framework, or monopole, that is designed
to support personal wireless service or other communications transmission,
receiving and/or relaying antennas and/or equipment.
[Added 1-26-1998 by L.L. No. 1-1998]
The Town of North East.
[Added 9-8-2011 by Ord. No. 4-2011]
A vehicle designed exclusively for the transportation of
one boat of less than ten-foot beam and twenty-four-foot length.
A vehicle or portable structure not over 400 square feet
in floor area, equipped but not regularly used for sleeping, but which
may not have sanitary facilities.
A vehicle, not over 70 square feet in floor area, used for
the hauling of cargo.
A shotgun-target shooting activity in which standard clay
targets are thrown from a single trap house at a distance of approximately
50 yards and at a constant height, with five fixed shooting stations
located approximately 16 yards behind the trap house arrayed in an
arc in a limited area.
[Added 5-4-1995 by L.L. No. 4-1995]
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Added 9-8-2011 by Ord. No. 4-2011]
The specific purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
The term "permitted use" shall not be deemed to include any nonconforming
use.
A use which is customarily incidental to and subordinate
to the principal use of a premises, building or structure and located
on the same premises as the principal use, building or structure.
An established use of a building or structure or use of land
lawfully existing prior to and at the time of the adoption or amendment
of this chapter that does not conform to the permitted use provisions
of this chapter as they apply to the district in which the building,
structure or land is located.
A building, or a portion thereof, used for the storage of
goods or materials. This definition shall not be deemed to include
storage as an accessory use in connection with a permitted principal
use on the same property.
[Added 7-10-2003 by L.L. No. 1-2003]
An unoccupied space, open to the sky, on the same lot with
a building or structure.
An open space extending across the entire width of the lot
between the front building line or front main wall of a building and
the front property line (street or road right-of-way line).
An open space extending across the entire width of the lot
between the rear line of the lot and a line parallel to the rear line
of the lot at a distance from the rear line of the lot specified for
the zoning district in which the lot is situated.
An open unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard.
Town of North East Zoning Board of Appeals.
[Added 1-26-1998 by L.L. No. 1-1998]
[1]
Editor's Note: The former definitions of "adequate capacity"
and "adequate coverage," added 1-26-1998 by L.L. No. 1-1998, which
immediately followed this definition, were repealed 1-7-1999 by L.L.
No. 1-1999.
[6]
Editor's Note: The former definition of "electromagnetically
able," added 1-26-1998 by L.L. No. 1-1996, which immediately followed
this definition, was repealed 1-7-1999 by L.L. No. 1-1999.
[8]
Editor's Note: The former definition of "FCC 96-326," added
1-26-1998 by L.L. No. 1-1998, which immediately followed this definition,
was repealed 1-7-1999 by L.L. No. 1-1999.
[10]
Editor's Note: The former definitions of "monitoring," added
1-26-1998 by L.L. No. 1-1998, and "monitoring protocol," added 1-26-1998
by L.L. No. 1-1998, which immediately followed this definition, were
repealed 1-7-1999 by L.L. No. 1-1999.
[12]
Editor's Note: The former definition of "roadside stand,"
which immediately followed this definition, was repealed 7-10-1997
by L.L. No. 1-1997.
[13]
Editor's Note: The former definition of "sign, business,"
which immediately followed this definition, was repealed 9-3-2009
by L.L. No. 3-2009.
