A.Â
General. Except as defined herein, all words used in this chapter
shall carry their everyday dictionary definitions.
B.Â
Word usage.
(1)Â
Words used in the present tense include the future tense.
(2)Â
Words used in the singular include the plural, and words used
in the plural include the singular.
(3)Â
The word "person" includes a firm, association, organization,
partnership, corporation, trust and company as well as an individual.
(4)Â
The word "lot" includes the word "plot" or "parcel" or "tract."
(5)Â
The word "shall" is always mandatory and not merely directory.
(6)Â
The word "structure" shall include the word "building."
(7)Â
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
When used in this chapter, unless otherwise expressly stated,
the following definitions shall apply:
A freestanding structure or use which is clearly incidental
and subordinate to a principal use located on the same lot and in
the same ownership as the principal use or structure. Where an accessory
structure is attached to the main building in a substantial manner,
as by a wall or a roof, such accessory structure shall be considered
part of the principal structure.
A fee paid to the Pine Plains Housing Trust Fund which may
be paid by applicants in lieu of the construction of affordable dwellings.
Land and on-farm buildings, equipment, uses, activities,
and practices which contribute to the production, preparation, marketing
and sale of crops, livestock and livestock products as a commercial
enterprise, as those terms are defined in Article 25-AA of the Agriculture
and Markets Law, including a horse boarding operation as defined herein.
Agritourism uses, as defined in this Zoning Law, shall be allowed
accessory and incidental to a farm operation. On-farm events and accessory
uses, such as catering, tasting rooms, and special events, including
charitable events, shall be allowed in conjunction with an agricultural
operation to the extent that the NYS Department of Agriculture and
Markets determines that said ancillary uses are part of the agricultural
operation.
[Amended 5-21-2015 by L.L. No. 3-2015]
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock, or other horticultural products. This
structure shall not be a place of human habitation but used in the
raising, growing or storage of agricultural products by a farmer engaged
in a farming operation, including but not limited to barns, sheds,
poultry houses and other buildings and equipment on the premises used
directly and solely for agricultural purposes.
Activities conducted on a farm and offered to the public,
including the sale of agricultural products, education, recreation
or active involvement in the farm operation. An agritourism activity
is secondary to the principal agricultural operation. Agritourism
activities may be conducted in an accessory building or structure.
Agritourism activities include, but are not limited to, farm-stay
programs, u-pick operations, and pumpkin patches.
The rate of nitrogen addition designed to provide the amount
of plant nutrients needed by the crop or vegetation grown on the land,
and to minimize the amount of plant nutrients that passes below the
root zone of the crop or vegetation grown on the land to groundwater.
An area owned or operated by an individual or group of individuals
and licensed by the federal government or an appropriate state agency
and approved for the loading, landing, and takeoff of single-engine
and smaller twin-engine aircraft and that, according to the U.S. Department
of Transportation's National Plan of Integrated Airport Systems (PL
97-248), is defined as a BU (Basic Utility) airport. An airstrip shall
not include a heliport.
To change or rearrange the walls, roof, ceiling, floors,
supporting beams, columns or other structural parts; interior plan
or layout; the exterior architectural features; the exit facilities
of a structure; or the relocation of a building from one location
to another.
An owner, or his authorized representative, seeking a determination
or decision from the Zoning Enforcement Officer, Code Enforcement
Officer, Planning Board, Town Board, or Zoning Board of Appeals with
regard to this Zoning Law.
An underground geologic formation that contains and transmits
significant quantities of groundwater.
A commercial use involving the repair of motor vehicles,
their mechanical systems and their body structure, including painting.
A commercial use involving the rental, lease, sale and/or
resale of motor vehicles, new or used.
A commercial use involving the sale of gasoline or any other
motor vehicle fuel and oil and other lubricating substances, including
any sale of motor vehicle minor accessories, and which may or may
not include facilities for lubricating or otherwise servicing motor
vehicles, but not including the painting thereof by any means.
The number of residential lots or dwelling units that may be achieved in accordance with the regulations set forth in this Zoning Law prior to any increase in lots or dwelling units that may be allowed through application of a residential density bonus (e.g., affordable housing bonus), incentive zoning or other regulation that permits an increase in the residential density that exceeds the yield that can be achieved through application of the minimum bulk requirements, the provisions of § 275-16, the special use requirements or § 275-31C regulating conservation subdivisions.
A zoning district that establishes the regulations governing
land use and bulk dimensional requirements for a specific geographic
area.
Overnight accommodations in an owner-occupied single-family
detached dwelling, involving the rental of bedrooms in the dwelling,
with breakfast served to guests but with no full-service restaurant
facilities, and with no more than one nonresident employee.
See "sign, advertising."
A part of a property designed and specifically intended to
separate and minimize the effects of a use (e.g., noise, dust, visibility,
glare, etc.) on adjacent properties.
Any structure having a roof supported by columns or by walls.
The total area on a horizontal plane at the main grade level
of the principal building and all accessory buildings, exclusive of
uncovered porches, terraces, and steps.
The total building area on a lot divided by the lot area,
expressed as a percentage.
That area of a lot, exclusive of required yards, within which
the principal building or principal use shall be located.
The total building area of the principal building or buildings
on a lot.
The vertical distance measured from the mean elevation of
the proposed finished grade at the front entrance of a building to
the highest point of the roof for flat roofs, to the deck line of
mansard roofs and to the median height between eaves and ridge for
gable, hip and gambrel roofs.
A structure within which is conducted the principal use of
the lot.
A nonresidential facility providing daytime supervision and
activities for children during the summer. Said term shall not be
construed to include a rooming house, tourist home, hotel, motel,
summer colony, hospital, place of detention, school of general instruction
or nursery school. A day camp operated accessory to another principal
use otherwise allowed in the applicable zoning district shall not
require separate approval and shall be regulated in accordance with
standards regulating the principal use to which it is accessory.
One or more temporary or permanent shelters, campsites, tents,
recreation vehicles, buildings or structures, together with the lot
or tract of land appertaining thereto, established or maintained as
living quarters for temporary occupancy and not arranged or intended
for such occupancy except during the period, or part of the period,
from May 15 to October 15 in any year. Said camp may be organized
for recreation, education, or vacation purposes.
Any business which sells at retail any cannabis product to
cannabis consumers 21 years and older. A retail dispensary license
authorizes the acquisition, possession, sale, and delivery of cannabis
from the licensed premises of the retail dispensary by such licensee
to qualified cannabis consumers.
[Added 4-20-2023 by L.L.
No. 1-2023]
A structure or area that provides facilities for washing
and cleaning motor vehicles which may use production-line methods
with a conveyor, blower or other mechanical devices or which may employ
hand labor and waxing.
Land and buildings, whether privately or publicly owned or
operated, used for the disposal or burial of deceased human beings,
by cremation or in a grave, mausoleum, vault, columbarium or other
receptacle. Such term shall also include land and buildings actually
used and essential to the providing of cemetery purposes, including,
but not limited to, storage facilities, necessary tools and equipment.
The change of use or occupancy of land, or buildings, structures,
or other improvements on land, from either residential or nonresidential
to one of the other uses, or change in the nature, substance or intensity
of the same use, including, but not limited to, changes in use which
require the issuance of a certificate of occupancy pursuant to the
New York State Uniform Fire Prevention and Building Code.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
A program or facility caring for children for more than three
hours per day per child in which child day care is provided by a child
day-care provider, except those programs operating as a "group family
day-care home," a "family day-care home," and a "school-age child-care
program," as such terms are defined in § 390 of the New
York Social Services Law. Said center shall be registered or licensed
with the New York State Office of Children and Family Services.
Any activity that removes the vegetative surface cover.
The officer appointed pursuant to Article XIV of this Zoning Law.
The harvesting of timber for commercial gain in quantities
greater than 50 standard cords of wood or 50,000 board feet of timber
as measured by international 1/4-inch log rule in any one year in
the Town of Pine Plains.
All areas of a property owned and/or maintained in common
use. Common facilities may include, but are not limited to: land on
which common buildings are located; yards, gardens, recreational or
community facilities, parking areas and storage spaces; all other
parts of a development necessary or convenient to its existence, maintenance
and safety, and in common use.
Any wireless communications facility that is not a minor
wireless communications facility, including but not limited to any
facilities including wireless communications towers, as herein defined.
Any wireless communications facility situated on the same
property as an existing wireless communications facility designed
for collocation and previously approved by the Pine Plains Planning
Board or on or in an existing building or other structure; and where
the equipment consists of a combination of antennas, or other receiving
devices, necessary in number to facilitate the provision of wireless
communications services from such location.
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless service facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, or as hereafter amended, to transmit and/or receive frequencies,
including but not limited to antennas, monopoles, equipment, appurtenances
and structures.
Any freestanding structure, including lattice structures
or framework and freestanding self-supported vertical poles (commonly
known as a "monopole"), on which any equipment is located in connection
with the provision of wireless communications services.
A facility that may include, but not be limited to, a facility
that provides day care to children; a public park; a playground; a
public swimming pool; a library; or a center or facility, the primary
purpose of which is to provide recreational opportunities or services
to children or adolescents.
[Added 4-20-2023 by L.L.
No. 1-2023]
The Comprehensive Plan of the Town of Pine Plains, as may
be amended from time to time.
The individual ownership in fee simple of a building or a
portion of a building, either residential or nonresidential, with
indivisible joint interest with other such owners in all common facilities.
An easement, covenant, restriction or other interest in real
property which limits or restricts development, management or use
of such real property for the purpose of preserving or maintaining
the scenic, open, historic, archaeological, architectural, or natural
condition, character, significance or amenities of the real property.
A residential subdivision wherein the number and arrangement
of dwellings that would result under a given conventional subdivision
plan are allowed to be situated on the same parcel in a flexible manner,
where lot size, street frontage, and other bulk dimensions are allowed
to be varied in order to preserve in perpetuity a significant amount
of the land in its natural or agricultural state. Conservation development
results in a flexibility of design and development to promote the
most appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities, and to preserve the natural, scenic
and other qualities of open lands. For purposes of this Zoning Law,
the following types of conservation subdivisions have been established:[1]
RURAL CLUSTERA loose collection of dwellings, located on the landscape in a manner that meets the siting design standards set forth in Appendix B of this Zoning Law.
RURAL HAMLETAn informal residential neighborhood designed in a manner set forth in Appendix B of this Zoning Law.
TRADITIONAL NEIGHBORHOOD HAMLETA formal residential pattern of development characterized by a gridded street pattern, a designated pedestrian circulation system, and other design standards set forth in Appendix B of this Zoning Law.
The degradation of natural water quality as a result of human
activities to the extent that its usefulness is impaired.
A retail business allowed no more than 4,000 square feet
of gross floor area selling nondurable consumer products, including
but not limited to groceries, prepared and packaged foods and gasoline,
and providing no services. A convenience store shall be deemed to
be a retail use, except that a convenience store operated in conjunction
with an automotive service station shall require a special use permit.
A subdivision in which each lot conforms to the minimum lot
area and lot dimension requirements set forth in the Schedule of Bulk
Regulations.[2]
A commercial establishment used by an artist or artisan for
the development, display, and sale of art and instruction in a personal
artistic skill such as fine arts, crafts, dance and music.
A designated turn-around area for vehicles at the end of
a street or road.
Any bulk quantities of chloride compounds and/or other deicing
compounds (e.g., urea or calcium magnesium acetate) intended for application
to roads, including mixtures of sand and chloride compounds in any
proportion where the chloride compounds constitute over 8% of the
mixture. Bulk quantity of deicing compounds means any quantity, but
does not include any chloride compounds in a solid form which are
packaged in waterproof bags or containers which do not exceed 100
pounds each.
The abandonment, discharge, deposit, injection, dumping,
spilling, leaking, or placing by any other means of any solid waste,
petroleum, radioactive material, hazardous substance, hazardous waste,
or aqueous-carried waste into or onto land or a surface water body.
An establishment with physical facilities, service or by
packaging procedures, that allows customers to receive services and
obtain goods while remaining in their motor vehicles. Where permitted
herein, drive-through facilities shall require a special use permit.
A surface suitable for vehicular traffic connecting buildings,
parking areas, and other facilities and uses to a public road.
A self-contained, independent dwelling unit, clearly incidental
and secondary to an existing single-family detached dwelling on the
same lot, having a separate entrance for the exclusive use of the
occupant. For purposes of this Zoning Law, a single-family detached
dwelling with an approved accessory dwelling shall not be deemed to
be a "two-family dwelling." Accessory dwellings are not permitted
in a NND.
A separate, temporary, movable dwelling designed for use
by a senior citizen (age 55 and over), accessory to and on the same
lot as a single-family detached dwelling. An ECHO dwelling shall not
be a manufactured home or a permanent dwelling.
A detached dwelling unit, clearly incidental and secondary to a single-family detached dwelling on a conservancy lot for exclusive use and occupancy of a person, deemed the "caretaker," and his or her family, who is responsible for the upkeep and maintenance of the on-site principal dwelling or for a guest(s) visiting the property owners. A caretaker cottage shall not exceed the permissible size of an accessory dwelling (see § 275-56D). Any dwelling located on a lot with a principal single-family detached dwelling not inhabited by a caretaker or guest shall be deemed an accessory dwelling subject to all requirements for said use set forth in this Zoning Law.
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, and includes the plumbing, heating, air-conditioning,
and electrical systems contained therein. The term shall include any
structure that meets all of the requirements of this definition except
the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the United States Secretary of Housing
and Urban Development and complies with the standards established
under Title 42 of the United States Code; and except that such term
shall not include any self-propelled recreational vehicle.
A dwelling or dwellings located in a building that contains
nonresidential uses.
A building containing three or more dwelling units and designed
or used for occupancy by three or more families living independently
of each other.
Multiple-family dwellings intended for individuals generally
55 years and older, which may be organized by various levels of care,
including independent living, assistive living, and continuing-care
retirement living.
A building on a lot designed for and occupied by one family
only.
A building with a minimum of three dwellings consisting of
a single-family dwelling which is attached or connected to another
single-family dwelling(s) at a common property line by means of a
party wall or is otherwise an end unit which is unattached to another
dwelling. Each dwelling unit must be on its own lot. Also referred
to as a "townhome."
A single-family dwelling located on a lot which is separated
from other buildings by required yards.
A single-family dwelling located on a lot and separated from
any other dwelling by required yards on three sides, but which is
attached to and shares a common wall with another single-family dwelling
on an adjoining lot along a shared side lot line.
A building on a lot consisting of two dwelling units.
The conversion of a single-family detached dwelling into
two separate dwelling units.
One or more rooms providing permanent provisions for living,
sleeping, eating, cooking and sanitation arranged for the use of one
family only. Also referred to as a "dwelling."
A building or part thereof which is designed, constructed,
or used for education, training, or instruction in any branch of knowledge
and includes, but is not limited to, elementary, parochial, private,
secondary or vocational schools.
The New York State Energy Conservation Construction Code.
The principal or accessory storage of equipment (machinery
and related hardware, etc.).
One or more persons living together as a single housekeeping
unit with common use and access to all living and eating and living
areas and maintaining a common household.
A building and premises for the indoor or outdoor year-round
sale of agricultural products grown within the Hudson Valley region.
An outdoor event held on public property at which farmers
and often other vendors sell produce and agricultural products directly
to consumers. Said uses are permitted subject to Town Board approval.
An accessory structure or vehicle used for 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 § 275-10 of this Zoning Law.
Acronym for "Federal Emergency Management Agency."
Any commercially produced mixture generally containing phosphorous,
nitrogen, and potassium which is applied to the ground to provide
nutrients to plants.
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year).
Land within a community subject to a one-percent or greater
chance of flooding in any given year as shown on the Flood Insurance
Rate Maps developed by the Federal Emergency Management Agency. Also
commonly referred to as "base floodplain" or "one-hundred-year floodplain."
A land area adjoining a river, stream, watercourse, or lake,
which is likely to be flooded.
The total interior floor space of a structure measured in
square feet.
The total area of a building multiplied by the number of
floors as measured from the exterior walls.
The total usable interior floor area of a structure (excludes
such elements as walls, stairwells, elevators, etc.).
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation. A funeral home may include a crematory.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 10-20-2022 by L.L.
No. 3-2022]
Premises having not fewer than nine holes improved with tees,
greens, fairways, and hazards for playing the game of golf, including
driving ranges but excluding miniature golf. Accessory structures
and buildings may include but are not limited to a clubhouse, locker
room, food stand, restaurant, banquet or conference rooms, except
that overnight accommodations are not permitted. A single dwelling
for a groundskeeper is also permitted, subject to the regulations
set forth in this Zoning Law. Golf courses, whether private or public,
shall be regulated as set forth herein.
The leveling of land for site development purposes, including
construction of roads, building construction, drainage areas and parking.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
[Added 10-20-2022 by L.L.
No. 3-2022]
Water below the land surface in a saturated zone of soil
or rock. This includes perched water separated from the main body
of groundwater by an unsaturated zone.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a hazardous substance means any substance which:
Because of its quantity, concentration, or physical, chemical,
or infectious characteristics poses a significant hazard to human
health or safety if improperly treated, stored, transported, disposed
of, or otherwise managed;
Poses a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of, or otherwise
managed;
Because of its toxicity or concentration within biological chains,
presents a demonstrated threat to biological life cycles when released
into the environment.
A waste, or combination of wastes, which is identified or
listed as hazardous pursuant to 6 NYCRR Part 371, Identification and
Listing of Hazardous Wastes. Hazardous wastes include but are not
limited to petroleum products, organic chemical solvents, heavy metal
sludges, acids with a pH less than or equal to 2.0, alkalies with
a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes, or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity, or which fails the Toxicity
Characteristic Leaching Procedure (TCLP).
A place for helicopters to land and take off; also includes
the term "helipad." A heliport is a prohibited use in the Town of
Pine Plains.
Any nonresidential use conducted wholly or partly in a dwelling
unit or accessory structure thereto by the owner of same, which is
clearly incidental to the use of the dwelling for living purposes
and does not change the residential character of the dwelling unit
or vicinity or have any exterior evidence of such secondary use other
than a sign, and where customers, clients or sales representatives
enter the premises and in which not more than three nonresidents are
employed.
Any nonresidential use that is incidental and clearly subordinate
to an existing residential use, conducted within a dwelling unit or
in an existing accessory structure by the owner of same, which does
not change the residential character of the dwelling unit or vicinity
and where no nonresident employees, customers or clients enter the
premises and where no signage, exterior storage of products or equipment
is required.
A commercial horse boarding operation provides care, housing,
health, related services and training to animals kept on the premises
or on other properties owned or leased by the farm operator. Riding
and training activities, not open to the general public, that are
directly related to and incidental to the boarding and raising of
horses, including riding lessons for persons who own or have a long-term
lease from the farm owner for the horse that is boarded at the farm
and uses for such activities, are part of the farm operation. Riding
academies and horse racing operations are not deemed to be a horse
boarding operation.
A fund administered by the Pine Plains Town Board into which
shall be deposited affordable housing fees, as provided herein, to
be used for the purchase, rehabilitation, support and/or development
of affordable housing at locations within the Town.
Man-made surfaces, improvements and structures that cannot
effectively infiltrate rainfall, snowmelt and water (e.g., building
rooftops, pavement, sidewalks, driveways, etc.).
Adjustments to the permissible population density, area,
height, open space, use, or other provisions of this Zoning Law for
a specific purpose authorized by the Town Board.
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
A licensed facility or institution, whether public or private,
principally engaged in providing services primarily to inpatients
for health maintenance and the treatment of mental or physical conditions,
including a nursing home but excluding a hospital.
A building, structure or premises where junk, waste, discarded
or salvaged materials are bought or sold, exchanged, stored, collected,
dismantled, or otherwise processed, including automobile wrecking
yards, and yards for house wrecking, 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 or home recycling.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded motor vehicles or parts thereof, with
or without the dismantling, wrecking, salvage, sale or other use or
disposition of the same. A deposit, collection or storage on a lot
of two or more motor vehicles no longer in condition for legal use
on the public highways, or parts thereof, for one week or more in
a residential district or for three weeks or more in a nonresidential
district shall constitute a motor vehicle junkyard.
Any place at which there are kept four or more dogs more
than four months of age or any number of dogs that are kept for the
primary purpose of sale or for the boarding, care or breeding for
which a fee is charged or paid.
For purposes of stormwater management, a construction activity,
including clearing, grading, excavating, soil disturbance or placement
of fill, that results in land disturbance of equal to or greater than
one acre, or activities disturbing less than one acre of total land
area that is part of a larger common plan of development or sale,
even though multiple separate and distinct land development activities
may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
Animals, including, but not limited to, domestic animals
such as sheep, horses, cattle and goats.
Commercial overnight sleeping accommodations, consisting
of a building or group of buildings for no more than 25 sleeping rooms.
The term includes motels, tourist courts, motor lodges, auto courts
and similar appellations, but does not include boardinghouses or rooming
houses.
A parcel of land whose boundaries are established by legal
instrument, such as recorded deed or map, and which is recognized
as a separate, legal entity for the purposes of transfer of title.
The total area contained within the property lines of a lot,
excluding any area within a private or paper street.
The area of a lot to be used for residential purposes after exclusion of the features set forth in § 275-16 of this Zoning Law.
The percentage of the area of a lot covered by buildings,
structures, parking areas, or other impervious surfaces on the lot.
The distance between the front lot line of a lot and the
rear lot line of such lot measured perpendicular to the front lot
line.
The horizontal distance measured along the full length of
the front lot line.
A boundary line of a lot.
The line of a street on which a lot fronts or abuts. Where
a lot extends into a street, the front lot line shall be the line
set back a minimum distance of 25 feet from the center line of the
street.
Any lot line, other than a street line, which is parallel
to the front lot line or within 45° of being parallel to the front
lot line.
A lot line not a front lot line or a rear lot line, including
a lot line of an offset portion of a lot.
A legally existing lot at the time of the adoption of this
Zoning Law, duly filed and recorded in the Dutchess County Clerk's
office either as an individual parcel of land or part of an approved
subdivision in accordance with the Town's Land Subdivision Regulations,[3] and applicable provisions of the Town Law.
A lot, other than a corner lot, having frontages on two streets.
A distance measured along a horizontal line drawn parallel
to the front lot line at a distance equal to the required minimum
front yard.
A lot in a conservation subdivision which has a minimum size of five acres, of which no less than 80% of the lot is designated required protected open space. Said open space shall be protected in accordance with the provisions of § 275-32 of the Zoning Law. Any lot of 25 acres or more, where at least 80% of the land is protected by a perpetual conservation easement pursuant to Article 49 of the Environmental Conservation Law, shall also be deemed to be a conservancy lot.
[Amended 9-16-2021 by L.L. No. 1-2021]
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
A lot that does not meet the minimum lot width requirement
when measured at the required front yard setback but which widens
or extends to a point where the distance between the side lot lines
is equal to or greater than the required lot width. Generally, a flag-lot
arrangement exists where one lot and the dwelling to be located thereon
would be located behind another dwelling as viewed from the street
rather than side-by-side as is typical in a conventional subdivision.
The flag lot has a long narrow portion of property (i.e., the "pole"
of the flag lot) that extends to the street to meet the minimum lot
frontage requirements of the Zoning Law.
Any process whereby the nature, size or shape of articles
or raw materials is changed, or where articles are assembled or packaged
in quantity.
Animal feces and urine.
The number of residential lots or dwelling units that may
be achieved in accordance with the regulations set forth herein, including
all lots or dwelling units that may be allowed through application
of a residential density bonus (e.g., affordable housing bonus), incentive
zoning or approval of preexisting lots of record.
A facility catering exclusively to members and their guests,
which may be conducted on a lot with buildings used for social or
recreation purposes. Said organization is not operated for commercial
gain. Typical membership clubs include the Girls Scouts of America,
the Boy Scouts of America, Veterans of Foreign Wars, and similar organizations.
A type of membership club with overnight accommodations and
food and beverage service that caters exclusively to members and their
guests, which may be conducted on a lot with multiple social and recreational
uses, including but not limited to indoor and outdoor activities such
as tennis, swimming, fishing, boating, hunting, horseback riding and
equine-related sports activities. Said organization is not operated
for commercial gain. Membership clubs are regulated as a nonresidential
use.
Any naturally formed, usually inorganic, solid material located
on or below the surface of the earth, including but not limited to
architectural stone, gemstones, limestone, granite, ore, bluestone,
clay, gravel and sand. Peat and topsoil are also considered to be
minerals.
The excavation or extraction of earth, sand, gravel, stone,
quarry material, clay, loam, humus, topsoil or other earth material
from a lot and removal thereof from that lot; or any temporary storage
of such materials by stockpiling, if permitted; or any processing
of excavated or stockpiled materials, if permitted; or any of the
related land use activities engaged in during the above activities
such as construction of buildings, barriers and other structures,
clearing of property, removal or placement of trees, vegetation and
earth material. The regrading or movement of earth material within
the boundaries of a single lot or subdivision, provided that no earth
material is removed from the lot or subdivision, and no stockpiling
(beyond any permitted period) or processing of earth material takes
place shall be permitted, provided that any such activity meets all
applicable regulations set forth in this Zoning Law. Mining is further
regulated in accordance with the following definitions:
MINE, LARGEAny excavation from which more than 1,000 tons or 750 cubic yards, whichever is less, of ore, sand, gravel, clay, stone, loam, humus or topsoil within a period of 12 successive calendar months is produced for sale or exchange or for commercial, industrial or municipal use or for use other than on the property from which the material is extracted.
MINE, SMALLAny excavation from which less than 1,000 tons or 750 cubic yards, whichever is less, of ore, sand, gravel, clay, stone, loam, humus or topsoil within a period of 12 successive calendar months is produced for sale or exchange or for commercial, industrial or municipal use or for use other than on the property from which the material is extracted. (Soil mining shall also include any activity requiring a permit from DEC pursuant to Article 23 of the Environmental Conservation Law.)
A dwelling unit constructed and composed of components substantially
assembled in a manufacturing plant and transported to a building site
for final assembly on a permanent foundation.
Structures or parcels of land used to house, store, or support
local, county, state, or federal governments, including, but not limited
to, storage sheds, garages, equipment yards, parking lots, and repair
facilities.
Lands located within the "Nonconstrained District" as shown
on the Pine Plains Future Land Use Concept Map attached to the Town
of Pine Plains Comprehensive Plan (April 2004, Volume 1). The Comprehensive
Plan describes the Nonconstrained District as locations that have
minimal environmental constraints.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A state-licensed facility, other than a hospital, providing
therein nursing care to sick, invalid, infirm, disabled or convalescent
persons in addition to lodging and board or health-related service,
or any combination of the foregoing, and in addition thereto, providing
nursing care and health-related service, or either of them, to persons
who are not occupants of the facility.
A use where services are performed involving predominantly
administrative or clerical operations for either business or professional
purposes as follows:
Business: A place or establishment used for the organizational
or administrative aspects of a trade or used in the conduct of a business
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices of
salesmen, sales representatives, insurance brokers, real estate brokers
and persons with similar occupations.
Profession: An office devoted to a professional service occupation,
in which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge. A professional office may include but not
be limited to the office of an accountant, architect, consultant,
engineer, or attorney.
An establishment where medical or dental care is dispensed
to persons on an outpatient basis by physicians, either singly or
as a group, which may also offer laboratory and diagnostic facilities
to patients on an outpatient basis and not just in conjunction with
normal professional services.
Land set aside for conservation or agricultural uses or for
scenic or recreational uses, as set forth in this Zoning Law.
All of the earth, vegetation and other materials which lie
above or alongside a mineral deposit.
A zoning district that imposes an additional layer of regulation
for a specific area that is laid over an underlying, i.e., a base,
zoning district.
An area reserved for the parking of a motor vehicle.
Any use or combination of uses involving the performance
of live or artistic displays, including but not limited to theatrical
plays, music concerts, lectures, movie screenings, art galleries,
and similar artistic expressions. Said use may also include classroom
and studio space for practice and educational training, offices and
other uses accessory to the principal performing arts/cultural use.
Special events may be held from time to time, in conjunction with
the use, such as festivals and charitable events.
[Added 5-21-2015 by L.L.
No. 3-2015]
Cannabis Control Board (CCB) and the Office of Cannabis Management
(OCM) established pursuant to MRTA Section 72[4] for regulatory jurisdiction over adult-use cannabis.
[Added 4-20-2023 by L.L.
No. 1-2023]
Any individual, group of individuals, partnership, firm,
corporation, association, or other legal entity.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any insects, rodents, fungi,
weeds, or other form of plant or animal life or viruses, except viruses
on or in living man or other animal; and any substance or mixture
of substances intended for use as a plant regulator, defoliant, or
desiccant. These substances include, but are not limited to: herbicides,
fungicides, insecticides, and rodenticides.
Any petroleum-based oil of any kind which is liquid at 20°
C. under atmospheric pressure and has been refined, rerefined, or
otherwise processed:
Principal, interest, taxes and insurance.
The area delineated in a conservation subdivision to have
priority resource areas to be conserved, including, but not limited
to, streams, floodplains, wetlands, critical habitats, steep slopes,
areas with rocky outcrops, and groundwater recharge areas.
Soils that have the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber, and oilseed
crops, and are also available for these uses (the soil's use could
be cropland, pastureland, forest land, or other land, but not urban
built-up or water). It has the soil quality, growing season, and moisture
supply needed to economically produce sustained high yields of crops
when treated and managed, including water management, according to
acceptable farming methods. In general, prime farmland soils have
adequate and dependable precipitation, a favorable temperature and
growing season, acceptable acidity or alkalinity, and few or no surface
stones. They are permeable to water and air. Prime farmland soils
are not excessively erodible or saturated with water for a long period
of time, and they either do not flood frequently or are protected
from flooding. Prime farmland soils are identified and mapped by the
U.S. Department of Agriculture Natural Resources Conservation Service.
Waste generated by industrial, commercial, or mining operation
that by virtue of some use, process, or procedure no longer meets
the manufacturer's original product specifications.
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary to the public health,
safety, and welfare, including all uses deemed to be a public utility
by New York State. Other uses may be a public utility if they provide
a service that is essential to the public health, safety and general
welfare, are regulated by a government agency, are granted an exclusive
or near-exclusive franchise for a specific geographic area, and are
required to provide service to all who apply within their franchised
area. Cellular and other communications towers shall be regulated
separately as defined herein.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials which are exempt from licensing and regulatory control pursuant
to regulations of the New York State Department of Labor or the United
States Nuclear Regulatory Commission.
The replenishment of underground water reserves.
A commercial use designed and equipped principally for the
conduct of sports and leisuretime activities, whether or not membership
to said activity is required. Video parlors, computer gaming facilities,
movie theaters, and bars, as principal uses, are not commercial recreation
uses. Commercial recreation is further defined as follows:
Indoor: Recreational activities conducted entirely within a
building, including team or individual sports and related health and
exercise facilities operated on a commercial or fee basis. An indoor
recreation use may include the following accessory uses, such as food
service facilities, meeting rooms, serving of alcoholic beverages,
video or computer game facilities, video theater facilities, sales
of sport or exercise-related equipment or clothing, and other accessory
uses clearly incidental to the recreation activity. An indoor recreational
business includes a spa. Indoor recreation includes, but is not limited
to: a gymnasium, fitness center, bowling alley, skating rink, tennis
and other racquet courts, field house, indoor track, indoor basketball,
indoor pool house.
Outdoor: Recreational activities including but not limited to
ball fields, tennis and racquet courts, swimming, bike trails, hiking
and similar outdoor activities conducted on a commercial or fee basis.
An outdoor recreational use may also include accessory uses and buildings,
such as a clubhouse, food stand, offices, and other uses accessory
and incidental to the outdoor commercial use. Outdoor recreation includes
playing fields, batting cages, driving ranges. Golf courses are regulated
as a separate use.
A building, area of land, or portion thereof used for religious
public assembly, including a church, synagogue, or other place of
religious worship. Schools, dormitories and other uses that may be
affiliated with a religious institution shall be regulated separately
and in accordance with the standards set forth in this Zoning Law
for those specific uses.
A building or group of buildings in which are located facilities
for scientific research, investigation, experimentation or testing,
wherein products are not manufactured for wholesale or retail sale,
wherein commercial servicing or repair of commercial products is not
performed and wherein there is no display of any material or products.
Overnight accommodations, within a building or group of buildings,
that incorporate indoor and/or outdoor recreational amenities into
the overall design of the use. A resort may also include meeting and
conference rooms, dining facilities, and other areas for social gatherings.
Any structure having as a principal use the preparation and
dispensing of foods and beverages for consumption on the premises,
whether food is served upon order or taken by self-service and where
there are no facilities for drive-through service. Where there is
no on-premises consumption, bakeries, pizzerias, delicatessens and
similar food establishments shall be regulated as retail uses for
purposes of this Zoning Law.
A commercial use where merchandise is sold to the general
public for personal or household use or consumption, including but
not limited to florists, lumber and hardware stores, pharmacies, grocery
stores, convenience stores, stationary stores, bookstores, video rental
stores, clothing stores, department stores, shoe stores, and antiques.
The long, narrow crest or horizontal line of hills, usually
at the highest elevation.
A commercial establishment that offers riding lessons to
the general public and to individuals that do not own or have a long-term
lease for the horse that is boarded and used at the facility for such
riding.
A road that is privately owned and maintained.
An area defined by a boundary which provides for road construction,
maintenance, improvement, and/or widening.
The edge of the paved portion of a road.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
[Added 10-20-2022 by L.L.
No. 3-2022]
Surface water that flows onto, within, and/or off of the
site.
A method of shielding or obscuring one abutting or nearby
use from another use, using vegetation, fencing, or earthen materials.
The area delineated in a conservation cluster subdivision
to have secondary resource areas to be conserved, including, but not
limited to, healthy woodlands holding important ecological functions
such as soil stabilization and protection of streams, hedgerows and
other vegetation features representing the site's rural past, historic
structures or sites, and visually prominent features such as knolls
or hilltops.
Soils or other surficial materials transported by surface
water as a product of erosion.
The deposition of sediment and silt in drainageways, watercourses
and water bodies which may result in pollution, murkiness, accumulation,
and blockage.
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business or household
goods.
An establishment primarily engaged in providing assistance
to individuals, including but not limited to beauty salons, shoe repair,
photographic studio, or businesses, including but not limited to advertising,
photocopying, computer maintenance and repair. Such definition shall
specifically exclude automotive-related services. A "service business"
is further defined as follows:
SERVICE BUSINESS, NO CUSTOMERS ON SITEThis is a service business where there are no customers visiting the location to conduct business. Examples of this include, but are not limited to, plumbers and electricians.
SERVICE BUSINESS, WITH CUSTOMERS ON SITEThis is a service business where customers visit the location in order to conduct their business. Examples of this include, but are not limited to, beauty salons.
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 for those
uses. For purposes of this definition, the term "wholly enclosed parcel
of land" shall mean lands, the boundaries of which are indicated by
wire, ditch, hedge, fence, road, highway or water or in any visible
or distinctive manner, including written posting which indicates a
separation from the surrounding contiguous territory.
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
which directs attention to an object, product, place, activity, person,
institution, organization or business. However, a sign shall not include
any display of official court or public office notices nor any official
traffic control devices nor shall it include the flag, emblem or insignia
of a nation, state, municipality, school, or religious group.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the premises where the sign is located. Advertising signs may
also be referred to as "billboards."
A sign which directs attention to a business, service, profession,
organization or industry located on the premises where the sign is
displayed to the type of products sold, manufactured, or assembled
and/or to service or entertainment offered on said premises. A "for
sale" or "to let" sign relating to the property on which it is displayed
shall be deemed a business sign.
Any sign designed to give forth any artificial light directly
(or through any transparent or translucent material) from a source
of light connected with such sign.
A sign that is attached to, erected on or supported by some
structure such as a pole, mast, frame, or other structure that is
not itself an integral part of or attached to a building or other
structure having a principal function other than the support of the
sign.
The distance from the ground level, measured from the mid-point
of the base of the sign, to the top of the sign.
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere than on a plot where such illumination
occurs. If such illumination is thus visible, such sign shall be deemed
to be a directly illuminated sign.
Any device on wheels or stand that is designed to be easily
moved, the purpose of which is to display a sign.
A temporary self-standing sign or advertising display made
of plywood or other solid material and designed or intended to be
displayed only for the period of time the business is open or event
is taking place.
A sign that advertises or gives direction to a business or activity and restricted in the number of days it may be displayed in accordance with Article X of this Zoning Law.
Any habitat identified by the New York State Department of
Environmental Conservation Natural Heritage Program as critical habitat
associated with any species included on the New York State or federal
listing of rare, threatened, endangered or special concern species
or identified by the program as a rare ecological community.
A plan which shows the proposed development and use of land situated within the Town of Pine Plains and which shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and items listed in Article XII herein.
A map, renderings, and supportive data describing the project
proposed by the applicant for informal review by the Planning Board
prior to submission of a site plan.
The solid, semi-solid, or liquid waste generated from a waste
processing facility, but does not include the liquid stream of effluent.
See "mining."
Soils, in addition to prime farmland soils, that are of statewide
importance for the production of food, feed, fiber, forage, and oilseed
crops. Generally, soils of statewide importance include those that
are nearly prime farmland soils and that economically produce high
yields of crops when treated and managed according to acceptable farming
methods. Some may produce as high a yield as prime farmlands if conditions
are favorable. Soils of statewide importance are identified and mapped
by the U.S. Department of Agriculture Natural Resources Conservation
Service.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
[Added 10-20-2022 by L.L.
No. 3-2022]
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 10-20-2022 by L.L.
No. 3-2022]
Material as defined in 6 NYCRR Part 360, including any garbage,
refuse, sludge from a wastewater treatment plant, water supply treatment
plant, or air pollution control facility and other discarded materials,
including solid, liquid, semi-solid, or contained gaseous material,
resulting from industrial, commercial, mining and agricultural operations,
and from community activities, but not including solid or dissolved
materials in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges that are point sources subject
to permit. Discarded materials that are being beneficially used pursuant
to 6 NYCRR Part 360-1.15 are not considered solid waste.
An authorization of a particular land use which is permitted
in this Zoning Law, subject to requirements set forth herein, to assure
that the proposed use is in harmony with the Zoning Law and will not
adversely affect the neighborhood if such requirements are met.
Off-street temporary parking space specifically provided
for vehicles to park behind one another while waiting for drive-up
customer assistance.
The initiation of any physical alteration of the property,
excluding planning and design, during any phase of a project and shall
include land preparation, such as clearing, grading and filling, installation
of roads, excavation for a basement, footings, foundations, or the
erection of temporary forms. "Start of construction" also includes
any work for which a valid building permit is required.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
For purposes of regulating streams in accordance with § 275-41 of this Zoning Law, a stream is an identifiable natural channel or bed that contains and carries flowing water, whether perennial or intermittent.
A highway, road, alley, or thoroughfare used by vehicles.
The dividing line between a street right-of-way and a lot.
Where there is no right-of-way and the lot line extends into the street,
the street line shall be deemed to be the line located no less than
25 feet from the center line of the street.
Anything constructed or built, any edifice or building of
any kind, which requires location on the ground or is attached to
something having a location on the ground, including, but without
limitation, swimming pools, covered patios, towers, poles, sheds,
signs, tanks, etc., except outdoor areas such as paved areas and walkways.
The term "structure" shall include "building" as well as receiving
and transmitting commercial, radio, television, cellular and other
utility communications towers, manufactured homes, and modular homes.
A subdivision not classified as a minor subdivision, including
but not limited to subdivisions of more than four lots, or any size
subdivision requiring any new street or extension of utilities, or
the creation of any public improvements.
The subdivision of land into two, three or four lots fronting
on an existing road, not including any new street or road, or the
extension of utilities, or the creation of any public improvements,
and not adversely affecting the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
Comprehensive Plan, Official Map, or Town of Pine Plains Zoning Law.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used, and maintained for swimming and bathing.
The Town of Pine Plains.
Design of a residential development using traditional town
planning principles. The development includes a range of housing types,
a network of well-connected streets and blocks, public spaces and
civic amenities or sites for amenities, including schools, libraries
or other governmental, educational or cultural public gathering places
within walking distance of residences.
The New York State Uniform Fire Prevention and Building Code.
A legal existing use which does not conform to the applicable
use regulations for the zoning district in which such use is located
after the adoption or subsequent amendment of this Zoning Law.
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 authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the bulk or dimensional
requirements of this Zoning Law.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by this Zoning Law.
An establishment accredited by the American Animal Hospital
Association or similar national accreditation where animals are provided
medical care and where the boarding of animals is short-term and clearly
incidental to their medical care.
A building or part of a building for storing of goods, wares
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse.
Any natural or man-made body of water, such as a pond or
lake, which does not necessarily flow in a definite direction or course.
A permanent or intermittent channel or stream or other body
of water, either natural or man-made, which gathers or carries surface
water. "Stream" is defined elsewhere in this section of the Zoning
Law.
Lands and submerged lands commonly called marshes, swamps,
sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation.
Open and unobstructed ground area of the lot extending inward
from a lot line for the distance specified in the regulations for
the district in which the lot is located.
A required yard extending the full length of the front lot
line between the side lot lines. Where a property extends to the center
line of a public or private road, the required front yard shall be
measured along a line on the property measured 25 feet from the center
line of the road.
A required yard extending along the full length of the rear
lot line between the side lot lines.
A required yard extending along a side lot line from the
required front yard (or from the front lot line if there is no required
front yard) to the required rear yard (or to the rear lot line if
there is no required rear yard).
The administrative officer designated to administer this
Zoning Law and issue zoning-related permits.
A use accredited by the Association of Zoos and Aquariums
or similar national accreditation where animals are kept in a combination
of indoor and outdoor spaces, and are viewed by the public.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
[2]
Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
[4]
Editor's Note: See Cannabis Law § 72.
