Town of Fishkill, NY Definitions

A sales price within the means, as hereafter provided, of a household income which is 100% or less of the adjusted median family income; or

A rental price within the means, as hereafter provided, of a household income which is 80% or less of the adjusted median family income.

ALTER

To change or rearrange the structural parts of the existing facilities of a structure, or to move a building from one location or position to another on the same lot.

ALTERATION

Any change, construction, reconstruction, covering over, or removal, of a regulated historical structure or site or exterior architectural feature(s) thereof. Alteration shall not include routine maintenance or repair of a regulated historical structure or site required by normal wear and tear with the same materials unless such maintenance would result in a change in the architectural integrity of the structure. Interior alterations of historical structures that do not affect the exterior architectural features of the regulated structure are not regulated.

[Added 10-20-2021 by L.L. No. 6-2021]

ANIMAL HOSPITAL

A place operated by a licensed practitioner of veterinary medicine for the medical and surgical treatment by a licensed practitioner of veterinary medicine of domestic or companion animals, such as but not limited to horses, dogs, cats, birds and similar animals, and including the secondary function of boarding of such animals, for a period not to exceed the recovery period at any one time, in connection with primary medical and/or surgical care.

APARTMENT

(General) A dwelling unit, whether intended for tenant or owner occupancy, within any two-family or multifamily dwelling or structure.

AQUIFER PROTECTION OVERLAY (AQO) ZONE MAP

(As differentiated from a dwelling unit in a garden apartment, townhouse or row house) A dwelling unit, whether intended for tenant or owner occupancy, having entrance facilities or arrangements which are common to those of another dwelling unit or units within the same dwelling or structure, such as a common vestibule, foyer, lobby or corridor.

APARTMENT, ACCESSORY

A dwelling unit in a one- or two-story single-family residence, which occupies less than 50% of the total living space and has its own separate entrance from the out-of-doors.

APARTMENT, GARDEN

A dwelling unit in a one- or two-story multifamily dwelling in which each dwelling unit has its own separate entrance from the out-of-doors.

AQUIFER

A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.

The Town's Aquifer Protection Overlay (AQO) Zone Map delineating the AQO boundary.

[Amended 10-20-2021 by L.L. No. 7-2021]

ARTS AND CRAFTS OCCUPATION

Any use involving the individual creation, fabrication, storing and/or retail sale of articles, lessons or instruction considered by the Board of Appeals to be of an artistic nature, including drama, music, painting, pottery and sculpture studios, furniture, woodworking and ornamental iron shops.

AS OF RIGHT

See "use, permitted."

[Added 7-14-2021 by L.L. No. 3-2021]

ASPHALT PLANT

The equipment utilized for the production of bituminous or asphaltic paving products.

AWNING

Any nonrigid material, such as fabric or flexible plastic, that is supported by a frame that is attached to an exterior wall.

AWNING SIGN

Any visual message on an awning.

BASEMENT

That portion of a building wholly or partly underground which extends no more than five feet above the adjoining finished grade.

BEDROOM

Any room which might, in the judgment of the Planning Board or Zoning Administrator, be used or be altered by minor modifications to be used as a sleeping room.

BILLBOARD

An off-premises, free standing sign which is leased or rented for profit. Also see "off-premises sign."

BOARDER

Person(s) occupying a rooming or boarding house, hotel, or group dwelling. For the purposes of this chapter, a boarder shall not be construed to be a person requiring psychiatric supervision and/or attention in an outpatient status.

BOARDING HOUSE

A dwelling occupied by one family with three or more boarders, roomers or lodgers in the same household who are lodged with or without meals, in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants and for which compensation is paid, either directly or indirectly. The term "boarding house" shall include "rooming house," "tourist house" and "lodging house," but not "foster home" or "halfway house" for the purpose of this chapter.

BOAT CLUB

An organization, whether public or private, with boating facilities catering principally to its members and their guests for recreational and social purposes.

BOAT REPAIR FACILITY

A building or buildings utilized for the maintenance and repair of boats, marine engines and other marine equipment.[1]

BUILDING

Any structure having a roof supported by columns or similar supports or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.

BUILDING AREA

Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.

BUILDING COVERAGE

That percentage of the lot area covered by the combined area of all buildings or structures on the lot.

BUILDING HEIGHT

The vertical distance to the level of the highest point of the roof if the roof is flat, or to the mean level between the eaves and the highest point of the roof if the roof is of any other type, measured as follows:

If the building adjoins the front property line or is not more than 10 feet distant therefrom, measured at the center of the front wall of the building from the established grade of the curb; or if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building.

If the building is more than 10 feet from the front property line, measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished grade surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb.

CERTIFICATE OF APPROPRIATENESS

If the building is more than 75 feet from the property line, measured from the average level of the finished grade adjacent to the exterior walls of the building regardless of the character of the finished grade surface.

(4)

When a lot fronts on two or more streets of different levels, the lower street or the average elevation of the lot with regard to the abutting streets may be taken as the base for measuring the height of the building.

BUILDING LENGTH

The horizontal distance of the front wall of a principal or accessory building on a lot which runs between each side wall, measured along the building centerline.

BUILDING SETBACK LINE

A line indicating the minimum horizontal distance permitted between the outside line of the main building or any enclosed projection thereof and a street right-of-way line.

BUILDING, ACCESSORY

A subordinate building, the use of which is customarily incidental to that of a main building on the same lot and the height of which does not exceed 20 feet.

BUILDING, MAIN

A building in which is conducted the main or principal use of the lot on which said building is situated.

BUNGALOW

A one-story dwelling unit, having a minimum floor area of 600 square feet and a maximum floor area of 1,000 square feet, designed, intended and usable only for seasonal occupancy.

CAMP

Any area of land, or land and water, including any building, tents, shelters or other accommodations suitable for temporary or seasonal living purposes, and any dwelling units occupied by the owner, caretaker or superintendent.

CAMP, DAY

Any camp, as defined in this chapter, offering day care or instruction for adults or children.

A permit issued by the Planning Board pursuant to historic structures and sites regulations to authorize alteration, demolition or new construction of a regulated historic structure or site.

[Added 10-20-2021 by L.L. No. 6-2021]

CERTIFICATE OF HARDSHIP

A certificate issued by the Planning Board pursuant to historic structures and sites regulations allowing relief from a denial of a certificate of appropriateness as a method of authorizing the alteration, demolition or new construction of a regulated historic structure or site based on the grounds of hardship.

[Added 10-20-2021 by L.L. No. 6-2021]

CHANGEABLE SIGN

A sign with the capability of content change by means of manual or remote input.

CLUB

A voluntary organization not conducted for gain, with the facilities catering principally to members and to their guests for recreational, athletic or social purposes.

CO-LOCATION

The addition of commercial communications equipment to any existing or approved telecommunications tower or tall structure by any persons, corporations, firms, associations or entities.

COMMERCIAL VEHICLE

Any vehicle for which the New York State Department of Motor Vehicles requires a commercial registration or that is used directly as part of a commercial enterprise.

COMMUNITY WATER SYSTEM

A public water system regulated by the New York State Department of Health that serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents.

COMPLETE STREETS

Streets that are designed, built and operated to enable safe access for all users, in that pedestrians, bicyclists, motorists and public transportation users of all ages and abilities are able to safely move along and across the street right-of-way.

CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS

As defined by the Resource Conservation and Recovery Act and amendments thereto, sites generating or storing less than 100 kilograms per month and 1,000 kilograms of listed and/or characteristic wastes, respectively, and generating and storing less than one kilogram per month and one kilogram of acutely hazardous waste, respectively.

CONDOMINIUM

A dwelling unit or group of units wherein, by special arrangement under applicable laws, individual units are owned in fee by individual parties and certain common areas are in the ownership and responsibility of an association consisting of and controlled by the various unit owners as prescribed by those laws.

CONGREGATE CARE FACILITY

Assisted group living for senior citizens, 55 years of age or older, that provides core services to them which may include, but not necessarily be limited to, communal food services, general housekeeping, recreational and social services, etc., while at the same time permits flexibility to the senior citizen by allowing him or her to live in and maintain an individual housing unit.

CONSTRUCTION TRAILER

Any temporary structure, vehicle or trailer suitable for use as a construction office or for the purposes of facilitating improvement of property.

CONSUMPTION OF WATER

The net loss of water from a watershed through evaporation and transpiration processes caused by any human activities and associated land uses, other than open space uses, including evaporative losses from septic system leaching lines. The definition of "consumption of water" includes the use of water in diluting wastewater discharges so that groundwater quality at the property line downgradient from the discharge will be 50% or less of the New York State Department of Environmental Conservation's Title 10, Part 703, Groundwater (GA) Water Standards, i.e., the DEC's groundwater contamination standards.

CONVALESCENT HOME or NURSING HOME

Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals and establishments licensed by the State Commissioner of Mental Hygiene and maternity homes licensed by the State Commissioner of Health.

COOPERATIVE

A dwelling unit or group of units wherein individual parties enjoy rights of tenancy in designated units by owning controlling shares in a corporation which has title to the premises and responsibility for its maintenance and operation.

DAY-CARE CENTER

An establishment for providing care for children or adults operated in accordance with the Social Services Law of the State of New York.

DECIBEL

A unit of measurement of intensity of sound (the sound-pressure level).

DEMOLITION

The act of pulling down, destroying, removing, moving, relocating, razing, or altering beyond recognition a regulated historic structure or portion thereof, or improvements or structures located at a historic site or commencing the work of total or substantial destruction with the intent of completing same, including removal of a structure.

[Added 10-20-2021 by L.L. No. 6-2021]

DENSITY UNIT

The numerical indicator represented by the existence of a typical bedroom in any dwelling or residential complex in order to evaluate the approximate degree of community impact deriving from population factors. The density unit count (or total) for any dwelling unit or aggregation of dwelling units shall be equal to the total number of bedrooms as defined herein.

DEPOSIT

Includes fill, place or dump.

DESIGNED MULTIPLE-USE DEVELOPMENT

A group or combination of one or more of the following: residential dwellings, business and/or office space, all constructed as a unified project under a general land use and development plan and in accordance with the requirements of this chapter.

DISCHARGE

Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of substances or materials into the waters of the state or onto lands from which the discharged substances or materials might flow or drain into said waters, or into waters outside the jurisdiction of the state, when damage may result to the lands, waters, or natural resources within the jurisdiction of the state.

DRIVE-THROUGH

A use that provides a drive-through lane which permits a person to receive a product or service or transact business from any portion of a building without leaving their vehicle. This definition does not include car washes, gasoline stations, and automobile service stations.

DROPOFF COLLECTION BINS

Receptacles used to solicit or invite charitable donations of personal property.

DUMP

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

DUPLEX

A two-family dwelling or two semidetached dwellings.

DUST

Solid particulate matter capable of being air- or gasborne.

DWELLING

A detached building designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include automobile court, motel, boarding- or rooming house, mobile home, trailer or tent.

DWELLING UNIT

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

DWELLING UNIT, ATTACHED

A dwelling unit having common walls, floors or ceilings with another dwelling unit in a two-family or multifamily dwelling.

DWELLING UNIT, DETACHED

A dwelling unit having no common walls, floors, ceilings or other structural elements with any other dwelling unit; a one-family dwelling.

DWELLING UNIT, ONE-FAMILY, EXTENDED

A dwelling unit that is occupied by an extended family and where all facilities are available for common usage regardless of their location in the dwelling unit.

DWELLING UNIT, SEMIDETACHED

A dwelling unit whose attachment with another unit is by common wall or by a breezeway, porch or carport which is enclosed and roofed. For the purposes of this definition, "enclosed" shall mean that the breezeway, porch or carport is constructed in such a manner that at least two sides are protected from the elements by means of construction with such materials as vinyl siding, aluminum siding, glass panels or windows, vinyl or aluminum screening, wood or metal framing, sheathing or siding.

DWELLING, MULTIFAMILY

A dwelling containing three or more dwelling units.

DWELLING, ONE-FAMILY

A dwelling containing only one dwelling unit.

DWELLING, TWO-FAMILY

A dwelling containing two dwelling units.

EMERGENCY DEMOLITION

A demolition authorized pursuant to the New York State Uniform Building Code, or pursuant to the Code of the Town of Fishkill Chapter 50, Building Construction Administration, or Chapter 74, Fire Prevention, when, after inspection, it is determined by the Building Inspector or other authorized official, after consultation with the Town Engineer, that a regulated historic structure, or structures on a historic site, pose an imminent threat to the health or safety of the community that cannot be adequately mitigated and that immediate demolition is necessary to protect public health and safety.

[Added 10-20-2021 by L.L. No. 6-2021]

EXTERIOR ARCHITECTURAL FEATURES

The architectural style, general design, and general arrangement of the exterior of any regulated historic structure, including but not limited to the kind and texture of the siding and other building materials and the type and style of the trim, doors, windows, steps, entryways, and other architectural features, but shall not include the kind and color of paint and light fixtures on any regulated structure.

[Added 10-20-2021 by L.L. No. 6-2021]

FAMILY

One individual or a group of related individuals or not more than four unrelated individuals living in and sharing the facilities of a dwelling unit.

FAMILY, ELDERLY

An elderly family shall consist of:

A single person 55 years of age or older;

Two or three persons, all of whom are 55 years of age or older;

FLOOD-PRONE AREA or FLOODPLAIN

A married couple, the husband or wife of which is 55 years of age or older;

(4)

One child residing with a parent who is 55 years of age or older, provided that said child is over the age of 18;

(5)

The surviving spouse of a person 55 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death; or

(6)

One adult 18 years of age or older residing with a person who is 55 years of age or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State.

FAMILY, EXTENDED

A group of related individuals, usually representing more than two generations, and/or a group of unrelated individuals living in and sharing the facilities of a dwelling unit.

FARM USE

The use of a parcel of land, either as a principal or accessory use, for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides, but not including the breeding, raising or maintaining of fur-bearing animals, piggeries, abattoirs, riding academies, livery stables or commercial kennels.

FAST-FOOD ESTABLISHMENT

A business enterprise primarily engaged in the retail sale of food and beverages served in disposable containers and selected by patrons from a limited number of prepared, specialized items for consumption either on or off the premises, in a facility where food is paid for at a walk-up counter or drive-by window prior to consumption, and which does not provide table service.

FILED MAP

Any map or plat filed in the County Clerk's office of Dutchess County.

FLOOD

A temporary increase in stream flow or stage that results in water inundating areas adjacent or near to the usual channel.

FLOOD, 100-YEAR

The highest level of flood that, on the average, is likely to occur every 100 years, or that which has a 1% chance of occurring any year.

The channel of a watercourse and its adjacent areas subject to inundation by the 100-year recurrence interval flood.

FLOOR AREA RATIO

The gross floor area in square feet of all buildings on a lot divided by the gross area of such lot in square feet.

FLOOR AREA, GROSS

The sum of the horizontal areas of the several floors of a building or buildings, measured to the exterior of the outside wall of such buildings, but not to include attached or built-in garages, porches or terraces, basements or unfinished floor area, having a clear headroom of less than seven feet.

FREESTANDING SIGN

Any sign not attached to or part of any building but permanently affixed, by any other means, to the ground; included are monument and post-and-arm signs.

FREQUENCY

The number of oscillations per second of a vibration.

FRONTAGE

The extent of a lot along a street.

GARAGE, PRIVATE

An accessory building or part of a main building, used only for the permitted storage of motor vehicles as permitted in this chapter.

GARAGE, PUBLIC

A building or part thereof used for the storage, care and repair of motor vehicles for remuneration and the sale of motor fuels dispensed from pumps located within the garage building, including any sale of motor vehicle accessories, or where motor vehicles are kept for hire or sale.

GASOLINE FILLING STATION

Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuel or motor vehicle accessories and which may include facilities for lubricating, washing or other minor servicing of motor vehicles, but not including body work, major repair or painting thereof by any means.

GENERATOR OF HAZARDOUS WASTE

Any person or site whose act or process produces hazardous waste.

GRADE, FINISHED

The elevation, at any point along the wall of a building, of the completed surfaces of lawns, walks and roads adjoining the wall at that point.

GREENHOUSE

A building used as a conservatory for the growing and protection of flowers or plants and for the propagation and culture thereof.

GROUNDWATER

Water contained in interconnected pores and fractures in the saturated zone in an unconfined aquifer or confined aquifer.

HAZARDOUS SUBSTANCE

Any substance, including any petroleum by-product, which may cause harm to humans or the environment when improperly managed. A complete list of all hazardous substances except for petroleum by-products can be found in 6 NYCRR Part 597.2(b), Tables 1 and 2, and amendments thereto.

HAZARDOUS WASTE

See 6 NYCRR Part 371 and amendments thereto for the identification and listing of hazardous wastes.

HERBICIDE

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101, and amendments thereto.

HOME OCCUPATION

An accessory use of a service character carried on by the residents of the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a permitted nameplate and does not involve merchandising, trade or the exchanging of commodities by sale. The conduct of a clinic, hospital, tearoom, animal hospital, funeral home and stores, trades or businesses of any kind shall not be deemed to be home occupations.

HOSPITAL

A building for the diagnosis and treatment of human ailments, including a sanatorium or clinic.

HOTEL

A building, with or without individual kitchen facilities, occupied by transient guests who are lodged with or without meals, the rooms of which have primary access from interior public halls, and in which building or portion thereof there are or may be certain public rooms or halls for the service of food and drink, with or without entertainment, and other facilities intended to provide customary accessory conveniences or services normally incidental to and associated with such a use.

IMPACT VIBRATION

Earthborne oscillations occurring in discrete pulses at or less than 100 per minute.

INTERNALLY ILLUMINATED SIGN

A sign lighted by or exposed to artificial lighting that shines through a plastic or other translucent or transparent covering. Neon signs and other similar signs are considered internally illuminated.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, unlicensed vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or open storage on a lot of two or more wrecked or broken vehicles or currently unlicensed vehicles or the major parts of two or more vehicles shall be deemed to make the lot a junkyard.

KENNEL, COMMERCIAL

An establishment for the care, boarding or breeding of dogs or cats or similar animals or birdlife (excluding poultry) for a fee. The term "commercial kennel" shall also include the terms "animal kennel," "dog kennel," "aviary" or other similar phrase. Kennel excludes veterinarian.

KENNEL, PRIVATE

The keeping of a total of five or more dogs or cats over six months of age, but not for commercial purposes.

LARGE QUANTITY GENERATOR

As defined by the Resource Conservation and Recovery Act and amendments thereto, sites generating more than 1,000 kilograms per month of listed and/or characteristic hazardous wastes, or generating or storing more than one kilogram per month and one kilogram of acutely hazardous waste, respectively.

LAUNCHING FACILITY

Facilities for the hauling and launching of boats, including ramps.

LIGHTING

External white light used to illuminate a sign.

LIVING SPACE

The areas of a residence that are commonly used for the routines of daily living and which shall contain one or more rooms with provisions for living, cooking, sanitary and sleeping facilities, arranged for the use of one family.

LOADING SPACE

An off-street space available for the loading or unloading of goods in compliance with the requirements specified in Article XVII of this chapter.

LOT

A parcel of land, not divided by streets and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provisions of law to be suitable as a condition of the issuance of a building permit on the lot.

LOT AREA

The total horizontal area included within lot boundaries.

LOT AREA, GROSS

The total area of a legally created parcel including all private street and other easements where the underlying property is held in fee title.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT LINE

A property line bounding a lot as defined herein.

LOT LINE ADJUSTMENT

Process used to change property lines of existing parcels. (Also, lot line change).

LOT LINE, FRONT

In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner may elect any lot line abutting a street as the front lot line.

LOT LINE, REAR

The lot line which is generally opposite the front line. If the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be the line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.

LOT WIDTH

The distance between the side lot lines measured along a line which is parallel to the street right-of-way line and at a location which a halfway between the front and rear lot lines. In the case of a lot which derives its frontage and access by means of an access strip connecting the street and the main portion of the lot, for the purposes of measuring lot width, the front lot line shall be considered that lot line (excluding the lot line along the street) which is closest and most parallel to the street right-of-way line.

LOT, CORNER

A lot situated at the junction of and fronting on intersecting streets.

MAJOR OIL STORAGE FACILITIES

Facilities with a storage capacity of 400,000 gallons or more of petroleum.

MARINA

A dock or structure, accessible to the public, offering secure moorings for boats and other marine vessels.

MARITIME CENTER

A building or group of buildings, open to the public, devoted to the study and/or exhibition of marinerelated activities, aquatic resources, commerce of the sea or navigation.

MARKET-RATE UNIT

A residential unit or property available for sale or rent at a price determined by the open free market.

MEDICAL OR DENTAL CLINIC

A facility organized and operated for the primary purpose of providing health services in more than one medical or dental specialty for outpatient medical or dental care of the sick or injured, including related facilities such as laboratories and other service facilities operated in connection with the clinic. This shall not include facilities for the treatment of animals.

MENU BOARD

A sign listing menu items as part of a drive-through service facility.

[Added 7-14-2021 by L.L. No. 3-2021]

MIXED-USE

Development that includes two or more functionally or physically integrated uses at a building, site, or neighborhood scale.

MOBILE HOME

Any vehicle or similar portable structure with or without a foundation of wheels, jacks, skirtings, wood or masonry block supports, designed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall include the terms "house trailer" and "trailer" or other similar phrase.

MOBILE HOME PARK

Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes are or can be located, regardless of whether or not a charge is made for such accommodation. The term "mobile home park" shall include the terms "house trailer park," "mobile home trailer park," "trailer camp" or other similar phrase.

MODULAR HOUSING

Housing which is one or more stories in design, is delivered to the resting site in two or more modules and is removed from the metal framework upon which it was transported and then assembled into one unit. Construction of modular housing will be treated the same as all other site build applications as per Town of Fishkill Building Code.

MONUMENT SIGN

A freestanding sign either with a base affixed to the ground or mounted on short poles no greater than two feet high.

MOTEL

A series of attached, semidetached or detached units, with or without individual kitchen facilities, having a private outside entrance for each unit, provided with an automobile parking space convenient to each unit and providing lodging with or without meals and other incidental services for a transient clientele. The term "motel" shall include the terms "automobile court" and "tourist court" or other similar phrase.

NATURAL RECHARGE

The normal rate at which precipitation enters the subsurface to replenish groundwater in aquifers, without interruption or augmentation by human actions or landscape modifications.

NATURAL RESOURCES

Rock, sand, gravel, stone or aggregate located on or below the surface of the earth.

NEW CONSTRUCTION

The erection or installation of any new structure that requires a building permit pursuant to Chapter 50 of the Town Code.

[Added 10-20-2021 by L.L. No. 6-2021]

NONCOMMERCIAL SIGN

A sign containing copy which does not promote a business, commodity, service, or entertainment.

NONCONFORMING SIGN

A sign of a size or type not permitted in the district in which it is situated or which is improperly located or which is nonconforming in any other way.

NONCONFORMING USE

A use of a structure or of land that does not conform to the regulations as to use in the district in which it is located.

NONPOINT DISCHARGE

Discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.

NURSERY

A place where young trees or other plants are raised for transplanting or for sale on the premises.

NURSING HOME

See "convalescent home."

OCTAVE BAND

A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

OCTAVE BAND FILTER

An instrument, standardized by the American Standards Association, used in conjunction with a soundlevel meter to take measurements in specific octave bands.

OFFICE

The use of a structure, a room, a group of rooms, or building or part of a building used for conducting the administrative affairs of a business, profession, service, industry, or government.

[Added 7-14-2021 by L.L. No. 3-2021]

OFF-PREMISES SIGN

A sign which promotes products, services or activities conducted, sold or offered somewhere other than upon the same premises where the sign is located.

OFFICIAL MAP

A map adopted by the Town Board, showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on this map.

OPEN LAND

Unoccupied land not specifically designated as a building lot.

OPEN LAND, PUBLIC

Unoccupied publicly owned land which may include walkways and paths, a public promenade or a public boat launch.

PARKING AREA

An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto.

PARKING SPACE

An off-street space available for the parking of one motor vehicle on a transient basis and complying with the requirements specified in Article XIII of this chapter.

PARTICULATE MATTER

Any finely divided liquid or solid matter, including smoke, capable of being air- or gasborne.

PAVEMENT

A uniform thickness of material laid over a soil base, to provide a traveling or parking surface for wheeled vehicles, a walkway for pedestrian traffic or a surface for a patio or other similar paved area. Pavement may be composed of concrete, asphalt, brick, cobblestone, crushed stone, washed gravel or other similar material. Areas that are paved with crushed stone, washed gravel or similar materials that are porous to the flow of water shall not be included as paved area when calculating maximum allowable lot coverage in any given zoning district.

PESTICIDE

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, and any substances intended for use as a plant regulator, defoliant or desiccant, and being those.

PETROLEUM

Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline and kerosene, as defined in 6 NYCRR Part 597.1(7) and amendments thereto.

POINT SOURCE DISCHARGE

Pollutants discharged from a point source as defined in Environmental Conservation Law § 17-0105 and amendments thereto.

POLLUTANT

Any material or by-product determined or suspected to be hazardous to human health or the environment.

PORCH

A roofed structure projecting out from the wall or walls of a main structure and which may be open to the weather.

PORTABLE SIGN

A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not permanently affixed to the ground, a building, structure or another sign. Included are signs displayed on a parked or moving vehicle or trailer or other vehicle where the primary purpose of the vehicle is to promote a product, service business, or other activity. This definition includes a vehicle hanging or displaying a banner sign whose primary purpose is for advertising. This does not apply to signs or lettering on buses, taxis or vehicles operating during the normal course of business.

POST-AND-ARM SIGN

A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs.

POSTER

A sign affixed to trees, other natural vegetation, rocks or utility poles.

PRIMARY SIGN

An establishment's principal sign, i.e., the sign which identifies the business to passersby.

PRINCIPAL FACADE

The face of a building which contains the primary entrance to the establishment.[2]

PROJECTING SIGN

A sign attached to a building wall or structure that projects horizontally or at a right angle more than nine inches from the face of the building. Such signs shall be securely anchored and shall not swing or move in any manner.

PUBLIC RIGHT-OF-WAY

The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, lane, concourse, tunnel, waterway, public grounds or waters, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or right-of-way dedicated for compatible uses, any other public property or place belonging to the Town or any special districts of the Town as the same now exists or may hereafter be extended or altered, and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the Town which shall entitle the Town to the use thereof. "Public rights-of-way" shall also mean any easement now or hereafter held by the Town for the purpose of public travel, or for utility or public service use dedicated for compatible uses and shall include other easements or public rights-of-way as shall within their proper use and meaning entitle the Town to the use thereof.

[Added 7-14-2021 by L.L. No. 3-2021]

RADIOACTIVE MATERIAL

Any material that emits radiation.

REAL ESTATE SIGN

A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.

REGULATED STRUCTURE OR SITE

A historic or archaeologically sensitive structure or site or structure complexes, including structural remains that are:

[Added 10-20-2021 by L.L. No. 6-2021]

Listed on, or deemed eligible to be listed on, the State or National Register of Historic Places by the State Historic Preservation Office or keeper of the National Register of Historic Places; or identified in the National Park Service's National Historic Landmarks Program; or

Structures that are locally designated as historically significant by the Town Board of the Town of Fishkill, as depicted on the Historic Resources Map, as may be amended from time to time; or

A site or parcel identified as a historic site, a former cemetery or burial site, a potential archaeological site, a site identified in the New York State Historic Preservation Office (SHPO) archaeological site inventory, or a site that is "located in or adjacent to an area designated as sensitive for archaeological sites on the New York State Historic Preservation Office (SHPO) archaeological site inventory."

REMOVAL OF A STRUCTURE

A type of demolition that involves relocation of a regulated historic structure or portion thereof to another location on the same lot or on another lot.

[Added 10-20-2021 by L.L. No. 6-2021]

RENTAL PURPOSES

Tenancy, occupancy or use by a nonowner of the premises in exchange for a rental fee or other consideration. For the purpose of this definition, a rental agent, building superintendent, employee or other agent of the owner shall not be considered as an owner in residence.

RINGELMANN SMOKE CHART

A chart for determining the density of smoke and which is issued by the Federal Bureau of Mines.

ROOF SIGN

A sign erected on a roof or extending in height above the main roofline of the building on which the sign is erected.

ROOMING HOUSE

See "boardinghouse."

ROW HOUSE

A dwelling unit, with no other dwelling unit above or below it, in a two-family or multifamily dwelling where the respective fronts of individual dwelling units in the same building are discernible but where there is little or no difference in the architectural treatment of these fronts. Dwelling units in a row house structure may be owned by a single party or by separate parties.

SCHOOL, PRIVATE

A kindergarten, primary or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school, or a nursery school specifically designed and used to provide care or instruction for two or more children under six years of age.

SCHOOL, PUBLIC

An educational institution operated by a public school district under the laws of the State of New York.

SEASONAL OCCUPANCY

Occupancy which is limited to the period from April 1 to December 1, or a portion of that interval, in any calendar year.

SECONDARY SIGN

A sign which communicates accessory information, e.g., hours of operation, different products sold.

SELF-STORAGE FACILITY

A building or group of buildings, in a controlled-access compound, containing separate individual self-storage units for rent or lease restricted solely for the temporary storage of goods and wares. The conduct of sales, business or any activity other than storage within the individual storage units is not permitted.

SETBACK

The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly from the property line.

SIGN

Any material, structure or device, or part thereof, composed of lettered or pictorial matter displaying an advertisement, announcement, notice or name, and including any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.

SIGN AREA

Includes all faces of a sign measured as follows:

When any sign is framed or outlined, all of the area of the frame or outline shall be included;

Sign measurement shall be based upon the entire area of the sign with a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including structural supports if they are not used for advertising purposes;

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)

The area of a sign consisting of an insignia or other device, but without background, shall be calculated as the smallest polygon or circle possible enclosing the insignia;

(4)

The area of a window sign consisting only of letters and symbols affixed or painted on glass shall be calculated as the smallest polygon or circle possible enclosing all of the letters and symbols.

SIGN HEIGHT

The height of a freestanding sign shall be measured vertically from the established average grade below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including support structures. Elevation added by artificial beams, mounds or similar forms shall be excluded from the calculation of average grade.

SITE

An area defined and approved by the Planning Board, comprising a portion of a lot or encompassing a lot as defined herein, which may be approved by the Planning Board as an integral or functional portion of said lot and which may be devoted, for example, to a structure or other land use and its related parking, landscaping, yards, drainage and other features considered appropriate by the Planning Board. The term "site" shall include the terms "parcel" and "tract" or may differ therefrom in specific instances as defined by the Planning Board.

SLIP

A boat berth between two piers; may also refer to indoor storage and mooring.

SMALL QUANTITY GENERATOR

As defined by the Resource Conservation and Recovery Act and amendments thereto, sites not meeting conditionally exempt small quantity generator status but which generate and store less than 1,000 kilograms per month and 6,000 kilograms of listed and/or characteristic wastes, respectively, and generating and storing less than one kilogram per month and one kilogram of acutely hazardous waste, respectively.

SMOKE

Any emission into the open air from any source, except emissions of uncontaminated water vapor.

SMOKE UNIT

A measure of the quantity of smoke being discharged, which is the number obtained by multiplying the smoke density in a Ringelmann Smoke Chart by the time of emission in minutes. For example, the emission of Ringelmann Smoke Chart No. 1 for one minute equals one smoke unit.

SOLID WASTE

Generally refers to all putrescible and nonputrescible materials or substances, except domestic sewage, sewage treated through a publicly owned treatment works, or irrigation return flows, that are discarded or rejected as being spent or otherwise worthless, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris and discarded automobiles, as defined in 6 NYCRR Part 360-1.2(a) and amendments thereto.

SOUND-LEVEL METER

An instrument, standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels.

SPECIAL USE

See "use, special."

[Added 7-14-2021 by L.L. No. 3-2021]

STABLE, PRIVATE

An accessory building in which horses are kept for use and not for hire, remuneration or sale.

STABLE, PUBLIC

A building in which any horses are kept for remuneration, hire or sale.

The system established pursuant to Article 17, Title 8, of the Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.

STEADY-STATE VIBRATIONS

Continuous earthborne oscillations. Discrete pulses that occur more than 100 times per minute shall be considered steady-state vibrations.

STEEP SLOPES

Those areas with an average slope in excess of 20% over a horizontal distance of 100 feet or more.

STORMWATER MANAGEMENT

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY

One or a series of stormwater management practices, as defined within Chapter 130, installed, stabilized and operating for the purpose of controlling stormwater runoff. For purposes of this chapter, "stormwater management facility" shall include, but not be limited to, drainage facilities, drainage systems, drainage improvements, drainage easements and drainage discharge points.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted as a story if the ceiling is more than five feet above the average level of the adjoining finished grade or if it is used for nonaccessory business purposes or for dwelling purposes by other than a janitor or watchman.

STORY, HALF

A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.

STREET

An existing state, county or Town highway or a street shown upon a subdivision plat approved by the Town Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Town Planning Board and the grant to such Board of the power to approve subdivision plats.

STREET LINE

The dividing line between a street and a lot. (See also definition of "lot line, front.")

STRUCTURAL ALTERATION

Any change in the supporting members of a structure, including but not limited to bearing walls, retaining walls, columns, beams or girders.

STRUCTURE

Anything constructed or erected, the use of which requires location on or under the ground or attachment to something having location on the ground. "Structure" includes a building.

STUDIO

The use of a structure, a room, a group of rooms, or building or part of a building used for the individual creation, fabrication, storing and retail sale of artistically created or handcrafted items, and lessons or instruction about arts and crafts, including drama, music, painting, pottery and sculpture, other visual and audible items, furniture, woodworking, metalwork, and other types of items created by artists or crafts persons.

[Added 7-14-2021 by L.L. No. 3-2021]

SUBDIVISION

The division of any parcel or land, regardless of use, into two or more lots, plots, blocks, sites or parcels, with or without the creation of new streets, for the purpose, whether immediate or future, of transfer of ownership or development, and includes resubdivision.

SWIMMING POOL

Any body of water having an artificial bottom and/or sides and a depth of more than two feet in any point therein.

TALL STRUCTURE

A structure which complies with the requirements of this chapter and is of sufficient height to be used as a telecommunications tower. Such structures include but are not limited to water towers, multistory buildings, church steeples and farm silos.

TATTOO PARLORS

Any establishment or business engaged in tattooing, that is the marking of the human body with indelible inks or pigments by means of tattooing, which establishments may also offer body piercing for ornamental purposes. This definition shall not apply to any medical procedure performed by a licensed medical professional.

TELECOMMUNICATIONS FACILITIES

Any commercial structures, buildings, sheds, huts, equipment enclosures, emergency generators, emergency generator buildings and other such structures used in support of or ancillary use to a telecommunications tower.

TELECOMMUNICATIONS TOWER

Any structure owned or operated for commercial purposes which is capable of receiving and/or transmitting signals for the purpose of communication.

TEMPORARY SIGN

Any sign that is displayed only for a specified period of time as per § 150-43E and is not permanently mounted.

TERRACE

An uncovered flat platform of earth or other natural material, with or without a surface material or retaining walls. Any such platform with a roof or awning shall be considered a porch.

THREE-COMPONENT MEASURING SYSTEM

A device for recording the intensity of any vibration in three mutually perpendicular directions.

THREEPLEX or TRIPLEX

A multifamily dwelling containing three dwelling units or three semidetached dwelling units.

TOWN OPEN SPACE AND NATURAL RESOURCE INDEX

The Official Town Open Space and Natural Resource Index, prepared by the Dutchess County Department of Planning in cooperation with the Fishkill Town Conservation Board, dated 1973 and with revisions thereto, showing existing watercourses and wetland areas.

TOWNHOUSE

A dwelling unit, with no other dwelling unit above or below it, in a two-family or multifamily dwelling where the respective fronts of individual dwelling units in the same building are made discernible by considerable differences in the architectural treatment of these fronts. Dwelling units in a townhouse structure may be owned by a single party or by separate parties.

TOXIC OR NOXIOUS MATTER

Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists, containing properties which by chemical means are inherently harmful and likely to destroy life or impair health or are likely to cause injury to the well-being of persons or damage to property.

TRAILER

See "mobile home."

TRANSMISSION LINE

Any line, wire, pipe, duct or similar man-made device or system which is used or intended to be used for transmitting or conveying signals, energy or material above, on or under undeveloped land outside the right-of-way of a public road.[3]

USABLE OPEN SPACE

A portion of the ground area of a lot which is available and accessible to all occupants of a dwelling unit or dwelling units on said lot for outdoor recreation use, which area is not devoted to driveways or parking spaces, is at least 25 feet in minimum dimension and has no more than 10% of its area with a grade of more than 5%.

USE

The purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained.

USE, ACCESSORY

A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot or water area therewith.

USE, PERMITTED

Any use which is included in the list of permitted uses in the zoning district in which it is located or proposed to be located.

[Added 7-14-2021 by L.L. No. 3-2021]

USE, SPECIAL

Any use which is included in the list of uses in the zoning district in which it is located or proposed to be located, for which conformance to additional standards may be required to address certain aspects of a particular use. Conformance to such additional standards is required so that these particular uses are considered to be special use permit uses in their respective districts. All such uses are declared to possess such unique, special, and individual characteristics that each specific use shall be considered as an individual case.

[Added 7-14-2021 by L.L. No. 3-2021]

USED CAR LOT

A lot on which two or more used automobiles or parts thereof are offered for sale.

UTILITY, PRIVATE

A pump or well house or other building accessory to the use of the main building on the premises, not including a guesthouse or similar structure.

UTILITY, PUBLIC

An electric unit substation, municipal pump station or water tower, municipal garage, firehouse, telephone substation.[4]

WALL SIGN

A sign that is painted on or attached directly to the outside wall of a building, with the face of the sign parallel to the wall and having a visible edge or border extending not more than nine inches from the face of the wall.

WASTEWATER

Water discarded into a sewage or sanitary waste system.

WATER SUPPLY

The groundwater resources of the Town or the groundwater resources used for a particular well or community water system.

WATERCOURSE

Any flow or body of water which contains water or a flow of water at least six months in the aggregate during the course of an average year.

WATERSHED

That land area that includes the entire drainage area contributing water to the Town water supply and which includes the Aquifer Protection Overlay District.

WELL

Any present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.

WETLAND

Lands and submerged lands commonly called "marshes," "swamps," "bogs" and "flats," whether flooded at all times, flooded only seasonally or having a water table during at least three consecutive months of the year within six inches of the ground surface or supporting aquatic or semiaquatic vegetation of the types listed in § 24-0107, Subdivision 1(a), of Article 24 of the Environmental Conservation Law.