A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings.
B.
Words used in the present tense shall include the future tense.
C.
Words used in the singular number shall include the plural, and words
used in the plural number include the singular, unless the context
clearly indicates the contrary.
D.
The word "shall" is always mandatory. The word "may" is permissive.
E.
"Building" or "structure" includes any part thereof.
F.
The word "lot" includes also the word "plot" or "parcel."
G.
The word "person" includes a corporation, a copartnership, a cooperative,
a firm and any other agency of voluntary action as well as an individual.
H.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
As used in this chapter, the following terms shall have the
meanings indicated:
A way or means of approach to provide physical entrance to
a property, as defined in § 280-a of New York State Town
Law.
A portion of a flag lot that provides frontage and access
onto a street, having less than the minimum required lot width for
a distance between the street line and a point in the flag lot where
the minimum lot width is attained.
A structure detached from the principal building on the same
lot and customarily incidental and subordinate to the principal building
or use.
An accessory building that has been approved to contain space
designed for living, sleeping, eating and cooking and which contains
a kitchen area, bathroom, and heat source.
A dwelling unit that is within, attached or detached from
a one-family dwelling or accessory structure, and that provides independent
living facilities for one or more persons, including provisions for
sleeping, cooking, and sanitation on the same parcel of land as and
shall be considered accessory to the one-family dwelling unit it accompanies.
For the purposes of this chapter, an accessory dwelling unit shall
not be considered principal dwelling unit.
ATTACHEDAn ADU added to the exterior of an existing principal dwelling or existing accessory structure and can be constructed over or to the side or rear of either existing structure.
EXTERIORAn ADU that is structurally separate from the principal dwelling or accessory structure.
WITH ACREAGEAn exterior ADU proposed on a lot that is at least twice the size of the required minimum lot size in accordance with § 123-23 of this chapter.
WITHOUT ACREAGEAn exterior ADU proposed on a lot that is not at least twice the size of the required minimum lot sizes in accordance with § 123-23 of this chapter.
INTERIORAn ADU located within either an existing principal dwelling or existing attached or detached accessory structure. The interior accessory dwelling unit can be built through the conversion of an existing space. For the purposes of this chapter, interior ADUs shall not be created through an exterior expansion of the existing principal dwelling or accessory structure.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
The use of land, for raising, harvesting, selling, or feeding,
including, but not limited to, grazing, breeding, managing, selling
or producing livestock, fur-bearing animals or honeybees, or by dairying
and the sale of dairy products, or by any combination thereof. For
the purposes of this chapter, agricultural use, animals shall not
include poultry farms, poultry processing, commercial feedlot operations,
kennels or operations which utilize animals in research.
The use of land, for raising, harvesting, and selling crops
by horticulture, floriculture, viticulture, hydroculture, silviculture
or by any combination thereof. For the purposes of this chapter, a
garden accessory to a residential use shall not be deemed an agricultural
use, crops.
Activities conducted on a farm and offered to the public,
to facilitate education, entertainment, and recreational activities
related to, or active involvement in the farm operation and/or the
sale of agricultural commodities. In addition to open spaces, agritourism
activities may be conducted in accessory buildings or structures.
Examples of agritourism may include but are not limited to farm-stay
programs, u-pick operations, restaurants, farm stores, pumpkin patches,
hay mazes, hay rides, corn mazes, petting zoos (farm animals only),
living historical farms, farm tours (for profit), and agricultural
and seasonal festivals. The agritourism enterprise shall be operated
and maintained by the owner, operator, or occupant of the farm on
which it is located. For the purposes of this chapter, agritourism
shall not include farm or craft breweries, cideries or distilleries.
As applied to a building or structure, a change or rearrangement
in the nonstructural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
See "circus."
A facility used to house or contain stray, homeless, abandoned,
or unwanted animals and that is owned, operated, or maintained by
a public body, and established humane society, animal welfare society,
society for the prevention of cruelty to animals, or other nonprofit
organization devoted to the welfare, protection, and humane treatment
of animals.
Any person, firm, corporation, partnership or association,
fiduciary, trust or other legal entity who, having an interest in
land, either as owner, co-owner, lessee or authorized representative
of the owner, shall, either directly or indirectly, propose development,
use and/or sale of any property, who applies for approval of a site
plan, special use permit, variance or change in the zoning regulations
whether for himself, herself or itself or for the other parties.
That part of a building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as 1/2 story in determining the permissible number
of stories.
An establishment that is used for the general repair, rebuilding
or reconditioning of engines, automobiles, motorcycles, trucks, trailers,
or similar vehicles, such as collision service, body repair and frame
straightening, muffler repair, oil change and lubrication, tire service
and sales, painting and upholstering, vehicle steam cleaning, undercoating,
and similar services.
A building or land area intended to be used for the retail
sale of automotive fuel, separate and distinct from "automotive repair
shop."
An impermanent structure, other than a roof, attached to
or supported by and projecting from a building and providing protection
from the elements.
An establishment where the principal business is the receipt,
disbursement or exchange of funds and currencies, such as banks, savings-and-loans,
credit unions, and automatic teller machines (ATMs); the institution
may also provide related financial services to consumers.
A place primarily devoted to the serving of alcoholic beverages
for on-site consumption and in which the service of food is only incidental
to the consumption of such beverages.
Measurement of the capacity of a parcel or parcels to support
the creation of lots or development sites expressed as a number of
dwelling units, establishments or lots.
A story in a building, the structural ceiling level of which
is four feet or more above the average level of finished grade where
such grade abuts that exterior wall of such building which fronts
on any street, and the floor level of which is below finished grade
at any point on the periphery of the building.
An owner-occupied residence, resulting from the conversion
of a one-family dwelling, used for providing overnight accommodations
and a morning meal to not more than 10 transient lodgers, and containing
not more than five bedrooms for such lodgers.
A private room planned and intended for sleeping, separable
from other rooms by a door, and accessible to a bathroom without crossing
another bedroom.
A sign which directs attention to an idea, product, business
activity, service or entertainment which is conducted, sold or offered
at a location other than the premises on which such sign is located.
A private dwelling in which at least three rooms but not
more than six rooms are offered for rent and table board is furnished
only to roomers and in which no transients are accommodated. A rooming
house or a furnished room house shall be deemed a boardinghouse. For
the purposes of this chapter, a boardinghouse shall not be considered
a short-term rental.
A marine retail sales and service use in which boats and
other watercraft are rented or sold, may include repair and servicing
of boats and other watercraft and may also include an area designated
for the temporary storage of repaired vessels and vessels awaiting
to be repaired.
A facility which specializes in the manufacturing of specialty
or beers, wines, and other alcoholic beverages and cider or edible
goods for off- and/or on-site consumption in accordance with the Alcoholic
Beverage Control (ABC) Law as amended, the NYS Craft Act, as amended,
and all other applicable laws and regulations. Such establishment
may include a public component, such as a tasting room, restaurant
and/or a retail establishment, along with an area for the bulk storage
and handling of ingredients, products and related materials.
An agricultural operation, operated as an accessory use to
an active farm operation and which specializes in the growing grapes,
apples or other crops such as grains and berries, and the preparation,
processing, marketing, and distribution of wine, beer, or other alcoholic
beverages and ciders, in accordance with the Alcoholic Beverage Control
(ABC) Law, as amended, the Farm Winery Act of 1976, as amended and
the New York Craft Act of 2014, as amended. Such facilities may include
an area for tasting and for the sale of alcoholic beverages and related
items and accessories, along with an area for the bulk storage and
handling of ingredients, products and related materials.
Any structure which is permanently affixed to the land, has
one or more floors and a roof and is intended for the shelter, housing
or enclosure of persons, animals or equipment or goods.
The total square footage of interior floor areas measured
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 horizontal linear dimensions of a building that abuts
the designated front yard.
The person duly designated as being responsible for administration
and enforcement of the building construction regulations of the Town
of Esopus, New York, or his duly authorized representative. The Building
Inspector is also referred to throughout this chapter as the "Zoning
Enforcement Officer" and for the purposes of this chapter the terms
"Zoning Enforcement Officer" and "Building Inspector" shall have the
same meaning.
A line parallel to the street line and set back therefrom
a distance equal to the required front yard in the zoning district
in which a lot is located.
Establishments primarily engaged in retail or wholesale sale
of materials used in construction, including home repair and lawn
and garden supplies, and which may include limited outdoor storage,
display and sales areas associated with the primary business.
A building supply/hardware store which has a principal building
footprint no larger than 10,000 square feet.
A building supply/hardware store which has a principal building
footprint between 10,001 square feet and 20,000 square feet.
See "accessory building."
A building separated on all sides from adjacent open space
or other buildings by fixed interior walls or party walls, pierced
only by windows and doors, and covered by a permanent roof.
A building entirely surrounded by open space on the same
lot.
A building or buildings in which is conducted the principal
use of the lot on which said building or buildings are located.
A building attached by a party wall to another building,
normally of the same type on another lot, but having one side yard.
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same building and all open spaces
required in connection with a building, other structure or tract of
land.
A facility for the storage, handling and selling of flammable
fuels from which fuels are sold at wholesale or distributed to retail
stations or for private use.
A small roofed structure no larger than 38.25 square feet
in area, located near a street and designed primarily for the protection
and convenience of bus passengers.
A legally permitted occupant of land or premises, which is
found or located within its own separate, physical space and with
its own separate entrance.
Any area designated for transient occupancy by camping in
tents, travel/camping trailers, motor homes, cabins, cottages or similar
facilities designated for temporary shelter. Such areas may be equipped
with potable water, restrooms, showers, cooking grills, camp stores,
recreational opportunities, and other similar campground amenities.
For the purposes of this chapter, a business that offers "glamping"
which consists of seasonal luxury tents for overnight lodging, with
or without a related common lobby tent, shall be considered a campground.
An individual site designed to accommodate transient occupancy
by camping in tents, travel/camping trailers, motor homes, cabins,
cottages or similar facilities designated for temporary shelter.
One or more buildings devoted to the washing and cleaning
of the interior and exterior of motor vehicles, and may be accessory
to a automobile repair shop (where permitted), including but not limited
to one or more of the following types:
CAR WASHCONVEYOR — A car wash facility where motor vehicles are driven into and out of the washing process under their own power.
CAR WASHDRIVE-THROUGH — A car wash facility where motor vehicles are driven into and out of the washing process under their own power.
CAR WASHSELF-SERVICE — A car wash facility where automobiles are washed by the driver of the motor vehicle using machinery provided by the management of the facility.
See "circus."
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade where
such grade abuts that exterior wall of such building which fronts
on any street. A cellar shall not be considered in determining the
permissible number of stories.
See "religious use or assembly."
A type of public entertainment, featuring indoor and outdoor
exhibits, rides and games and similar entertainment and amusement
devices, that is established on a site for a temporary or transient
period of time.
Buildings, facilities and property owned or operated by a
corporation, nonprofit/non-for-profit, sportsman club, association,
or person or persons, for a social, educational, or recreational purpose,
including public or private hunting of wildlife/fishing, and related
purposes, to which membership is required for participation and may
or may not be primarily operated for profit.
The activity of catching fish and other seafood for commercial
profit, mostly from wild fisheries, requiring the location or storage
of commercial fishing equipment, including, but not limited to fishing
vessels, fishing gear, docks, piers, loading areas, landing areas,
and cold storage facilities.
Any sign wording, logo, other representation that directly
or indirectly, names, advertises, or calls attention to a business,
product, service or other commercial activity.
A structure, including one or more antennas or the functional
equivalent of such that is intended for transmitting and/or receiving
a wireless signal. For the purposes of this chapter, the term "communications
tower" shall not include amateur radio operator's equipment as
licensed by the FCC or a television antenna.
Any building, structure or premises or part thereof that
is designed, constructed, or used for noncommercial community or governmental
or municipal purposes, which may include but not be limited to a community
park, Town hall, meeting hall, highway garage, water and sewer facilities,
library, post office, and police, rescue and/or fire stations that
serve the public. For the purposes of this chapter, community and
government uses shall not include public and private schools, along
with all buildings and structures belonging to a religious organization
or social and/or fraternal organization or membership clubs, as these
terms are defined in this chapter.
Pursuant to § 41.34 of the Mental Hygiene Law,
a supportive living facility up to 14 residents or a supervised living
facility subject to licensure by the New York State Office of Mental
Health or the New York State Office for People with Developmental
Disabilities which provides a residence for up to 14 individuals with
mental disabilities, including residential treatment facilities for
children and youth, and which is integrated within the community,
established similar to and shall be classified as a one-family dwelling
residence with shared living area, kitchen and bathroom facilities.
For the purposes of this chapter, similar facilities that are not
subject to licensure by the Office of Mental Health or the Office
for People with Developmental Disabilities shall not be considered
a community residential facility.
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Town located outside the limits of any incorporated village or city.
A building or group of buildings in which units are owned
individually and the structure, common arears and facilities are owned
by all the owners on a proportional undivided basis and the sole owner
or all the owners of which have submitted the subject property to
the provisions of the Condominium Act (New York State Real Property
Law Article 9-B), as amended.
A facility which is used for conferences, seminars or similar
purposes and which provides housing, food service, meeting spaces,
educational and recreational facilities as well as ancillary facilities
for 20 or more guests.
Any use, lot or structure that is in compliance with the
regulations of the pertinent zoning district.
A parcel's acreage that includes existing buildings
(unless said buildings are proposed to be removed) surface water bodies,
NYSDEC-regulated freshwater wetlands, federally regulated wetlands,
100-year floodplains, floodways, easements, and lands with slopes
20% or greater (measured over a fifty-foot horizontal distance).
An area on or immediately adjacent to a major construction
or demolition site on a temporary basis for the parking and storage
of equipment used in the project, and the storage and preparation
of materials and other items used in the project. Such yard may include
construction offices and such shops as are necessary for work on the
immediate project.
A building or area of land upon where persons, a firm or
corporation engage in the construction business, or related field,
store building materials, equipment and supplies used exclusively
in that contracting business. Retail and wholesale of any contractor's
materials or supplies is prohibited.
An establishment primarily engaged in the retail sale of
canned foods, dry goods, fresh fruit and vegetables, dairy products,
baked goods, fresh or prepared meats, fresh or prepared foods, such
as sandwiches and coffee, for either on-site or off-site consumption,
and also engaged in the sale of minor amounts of automotive, household,
health and stationery supplies, having under 3,000 square feet in
gross floor area and having a capacity for any in-store seating of
no more than eight persons. The term "convenience food store" includes
similar establishments known variously as "convenience store," "corner
market," "country general store," "delicatessen," "mom-and-pop store"
and "quick-stop store." Such establishment may also engage in retail
sale of automotive fuels in districts where such uses are permitted,
but may not engage in automotive repair or servicing.
The words, letters, symbols, illustrations, or graphic characters
used to convey the message of a sign.
The lot area or percentage of lot area covered by all principal
and accessory buildings and structures.
A building or space used for cultural education and experiences,
including museums, art galleries, aquariums and related establishments
that focus on cultural education and interpretation. See "performing
arts center" for all performance art uses.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
A tract of land, including accessory structures, devoted
to primarily outdoor recreation uses but shall not include overnight
accommodations for users.
A place, other than an occupied residence, providing or designed
to provide child day care or adult day care on a regular basis away
from the child's or adult's residence for less than 24 hours
per day by someone other than the parent, stepparent, guardian or
relative within the third degree of consanguinity of the parents or
stepparents of such child or adult. For purposes of this chapter,
the following uses shall be considered a day-care center:
ADULT DAY-CARE FACILITYA facility providing care for the elderly and/or functionally impaired adults for more than three hours per day for six or more adults in a protective setting outside a residence.
CHILD DAY-CARE CENTERA program or facility which is not a residence in which child day care is provided on a regular basis to more than six children for more than three hours per day per child, except those programs providing care as a school-age child care program.
Care for a child and/or adult on a regular basis provided
in a residence that is not the child's or adult's residence
for less than 24 hours per day by someone other than the parent, stepparent,
guardian, or relative within the third degree of consanguinity of
the parents or stepparents of such child or adult. For purposes of
this chapter, the following uses shall be considered a day care:
ADULT DAY-CARE HOMEShall mean a program caring for elderly and/or functionally impaired adults for more than three hours per day for less than six adults in a protective setting in a residence.
CHILD DAY-CARE HOMEShall mean a program caring for children for more than three hours per day per child in which child day care is provided in a residence for three to six children.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure on one lot.
An establishment which launders or dry cleans articles dropped
off on the premises directly by the customer or where articles are
dropped off, sorted, and picked up but where laundering or cleaning
is done elsewhere.
See "junkyards."
A building designed or used principally as the living quarters
for one or more families (see "residences").
A building or entirely self-contained portion thereof designed
for occupancy by only one family (including any domestic staff employed
on the premises) and having complete cooking, sanitary and sleeping
facilities for the exclusive use of the occupants of the dwelling
unit. A boardinghouse, convalescent home, dormitory, fraternity or
sorority house, hotel, inn, lodging or rooming house, nursing or other
similar home or other similar structure shall not be deemed to constitute
a dwelling unit.
A building containing three or more dwelling units in which
each unit may be located over, under or to the side of another unit
and in which each dwelling unit has at least one access to the outside,
either directly or via a common hallway.
A building containing three or more dwelling units, including
attached townhouse dwellings.
A detached building containing only one dwelling unit.
The dwelling unit on a lot that contains or is proposed to
contain an accessory dwelling unit.
A single structure consisting of three or more dwelling units,
each with a private entrance, which is constructed as part of a series
of dwellings, all are either attached to the adjacent building and/or
buildings by party walls, or are located immediately adjacent thereto
without any visible separation between walls or roof; with totally
exposed front and rear walls to be used for access, light and ventilation;
all of which may be located on individual and separate lots if individually
owned, or upon a single lot if under comment ownership.
A building containing two dwelling units.
Permanent authorization by a property owner for the use by
another person and for a specified purpose of any designated part
of his property.
A time period starting 60 days before and 10 days after votes
are cast for school (including school board and budget votes), local,
county, state and federal elections.
The standardized indicators of electrical force, or voltage,
at which an electric vehicle's battery is recharged; more specifically
defined as the following:
Level 1 is considered slow charging, typically requiring a 15
or 20 amp breaker on a 120-volt AC circuit and standard outlet.
Level 2 is considered medium charging, typically requiring a
40 amp to 100 amp breaker on a 240-volt circuit.
Level 3, or DC fast charge, is considered rapid charging, typically
requiring a 60 amp or higher dedicated breaker on a 480-volt or higher
three-phase circuit with special grounding equipment.
An electric vehicle charging station that is:
An electric vehicle charging station that is:
The conductors, including the ungrounded, grounded, and equipment
grounding conductors and the electric vehicle conductors, attachment
plugs, and all other fittings, devices, power outlets, or apparatus
installed specifically for purposes of delivering energy from the
premises wiring to the electric vehicle.
A form used by the Planning Board, Town Board and the Zoning
Board of Appeals to assist in it determining the environmental significant
of a proposed site plan, conditionally permitted use, variance or
zoning change. A properly completed EAF should contain information
to describe the proposed site plan, conditionally permitted use, variance
or zoning change, the environmental setting and the potential impact
of the proposed development upon the environment. There are two types
of environmental assessment forms:
FULL EAFThis is a detailed EAF that must be used by the Planning Board, Town Board or Zoning Board of Appeals to determine the environmental significance of a proposed development that meets or exceeds the thresholds for a Type 1 action as established in the State Environmental Quality Review (SEQR) procedures. The Planning Board, Town Board or Zoning Board of Appeals may also require submission of a full EAF for a proposed development that is classified as an "unlisted action" as established in the State Environmental Quality Review (SEQR) procedures, but poses possible environmental impacts that the Board may consider to be possibly significant or potentially adverse.
SHORT EAFThis is a simplified EAF that may be used by the Planning Board, Town Board or Zoning Board of Appeals to determine the environmental significance or nonsignificance of an unlisted action.
A report containing the description of a proposed development
or rezoning, its environmental setting, potential environmental impacts,
ways to minimize the impacts and reasonable alternatives. It serves
as a public disclosure of the record used by the Planning Board, Town
Board or Zoning Board of Appeals in its environmental decision making.
There are two stages in an environmental impact statement:
Either of the following: A) an institutional, business, commercial,
or industrial activity that is the sole occupant of one or more buildings;
B) an institutional, business, commercial, or industrial activity
that occupies a portion of a building that: 1) the activity is a logical
and separate entity from the other activities within the building
and not a department of the whole; and 2) the activity has either
a separate entrance from the exterior of the building, or a separate
entrance from a common and clearly defined entryway that has direct
access to the exterior of the building.
An establishment where small gatherings and events, such
as, but not limited to, weddings, parties, fund-raisers, small conferences
and similar events, are held.
The actual location(s) in which the special event gathering
is to occur on the subject site.
One of the following:
One, two or three persons occupying a dwelling unit; or
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools.
Members of the household have the same address for purposes
of voter's registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
An area of land consisting of not less than seven acres,
unless the parcel is located in a state-certified agricultural district,
where crops are grown or animals are reared for commercial purposes,
together with appropriate buildings. It also includes the employment
of land, including for the primary purpose of obtaining a profit,
for stabling or training equines, including but not limited to providing
riding lessons, training clinics and schooling shows. A private garden
accessory to a residential use shall not be deemed a farm operation.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not horizontal, the finished grade
in computing height of buildings and other structures or for other
purposes, shall be the average elevation of all finished grade elevations
around the periphery of the building.
Establishments devoted to hatching, raising or rearing fish.
Any fabric or other flexible material attached to or designed
to be flown from a flagpole or other similar device.
Any flag with a commercial message associated with the commercial
use on the lot which the flag is located, and one which is no larger
than 15 square feet.
Any flag that does not contain a commercial message and includes
but is not strictly limited to symbolizing a unit of government or
nationality, or a personal, noncommercial organization, or group cause
or belief.
Any flag flown vertically (shaped like a teardrop) which
may or may not contain a commercial message but is used to attract
attention at a commercial, industrial, or institutional site as an
alternative to traditional flags, pennants, or banners. Teardrop flags
are alternately known as teardrop banners.
 Teardrop Flag
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The gross floor area in square feet of all buildings on a
lot divided by the area of such lot in square feet.
The aggregate sum of the gross horizontal areas of the several
floors of a building or buildings, measured from the exterior faces
of exterior walls or from the center line of walls separating two
buildings. In particular, the gross floor area of a building or buildings,
shall include:
Basement spaces.
Floor space used for mechanical equipment, with structural headroom
of six feet six inches or more.
Attic spaces (whether or not a floor has actually been laid)
providing structural headroom of six feet six inches or more.
Interior balconies and mezzanines.
Enclosed porches.
However, the "gross floor area" of a building shall not include:
Cellar spaces, except that cellar spaces used for retailing
shall be included for the purpose of calculating requirements for
accessory off-street parking spaces and accessory off-street loading
berths.
Accessory water tanks and cooling towers.
Uncovered steps; exterior fire escapes.
Terraces, breezeways, open porches and outside balconies.
Accessory off-street parking spaces.
Accessory off-street loading berths.
Elevator shafts and stairwells at each floor.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars, heater
rooms and basements having a window area of less than 10% of the square
foot area of the room. Usable floor area shall be deemed to include
all spaces not otherwise excluded above, such as principal rooms,
utility rooms, bathrooms, all closets and hallways opening directly
into any rooms within the dwelling unit and all attic space having
a clear height of at least six feet from finished floor level to pitch
of room rafter with a clear height of seven feet from finished floor
level to ceiling level over 50% of the area of such attic space.
The operation of timber tracts, tree farms, forest nurseries,
the gathering of forest products or the performance of related activities
such as reforestation.
Includes chickens, guinea fowl, ducks, geese, turkeys and
any other birds usually defined as a species of domestic fowl.
The measurement of the street line of the lot.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for a) embalming and
the performance of other services used in the preparation of the dead
for burial; b) the performance of autopsies and other surgical procedures;
c) the storage of caskets, funeral urns, and other related funeral
supplies; d) the storage of funeral vehicles; and e) facilities for
cremation.
Any building or portion thereof, or accessory structure,
other than a private garage, operated for gain and which is used for
storage of motor vehicles, boats, recreational vehicles, travel trailers,
and similar vehicles.
An enclosed space for the storage of one or more vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein is leased to a nonresident on the
premises for parking of more than one car.
See "automobile repair shop."
A public or private golf driving range and/or a tract of
land laid out with at least nine holes for playing a game of golf
and improved with tees, greens, fairways, and hazards. A golf course
may include a clubhouse, restaurant, bar, tavern, pro-shop, restrooms,
driving range, shelters and other common accessory buildings, structures
and uses.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat and mansard roofs and to the mean height
between eave and ridge for other types of roofs.
The confinement or housing area for numbers of domestic animals
or fowl larger than prescribed densities of two domestic animals or
24 fowls per acre.
Any personal, professional or trade services accessory to
a dwelling, the principal use of the lot, and does not change the
residential character. For the purposes of this chapter, farm operations,
as defined herein, shall not be considered home occupations.
HOME OCCUPATION 1Includes all home occupations conducted and fully contained within a principal or accessory residential structure and does not attract on-site customers, which use is clearly incidental and secondary to the use of the property for dwelling purposes.
HOME OCCUPATION 2Includes all home occupations which attracts on-site customers and/or is conducted outside of a principal or accessory residential structure, which use is clearly incidental and secondary to the use of the property for dwelling purposes.
A person, no younger than 21 years of age, that is either
the property owner or a designee of the property owner and who lives
within a fifteen-mile driving distance from the short-term rental
(STR) property and shall be required to be available to promptly deal
with emergencies, other STR renter issues and compliance with STR
operating requirements.
A commercial establishment in which lodging is regularly
provided and offered to the public for compensation for a maximum
of 14 days, and which may include ancillary facilities and services
such as restaurants, meeting rooms, entertainment, personal services,
and recreational facilities. A hotel/motel/resort unit may not contain
a kitchen. Outdoor athletic courts and facilities are permitted accessory
uses.
A commercial establishment in which lodging is regular provided
and offered to the public for compensation for greater than 14 days,
and which may include ancillary facilities and services such as restaurants,
meeting rooms, entertainment, personal services, and recreational
facilities. An extended stay hotel/motel/resort unit must contain
a kitchen. Outdoor athletic courts and facilities are permitted accessory
uses.
Any material or combination of materials that reduces and/or
prevents the absorption of stormwater into the ground. Such surfaces
include roofs, sidewalks, streets and parking areas. A material shall
be considered to be impervious if it has a percolation rate of 120
minutes per inch.
Any man-made, immovable item which becomes part of, is placed
upon or is affixed to real estate, including, but not limited to,
the creation of new streets, building sites, public walkways, parks
and recreation areas, water supply and waste disposal facilities.
Any place of storage or deposit outside of a building where
any construction and demolition debris, used equipment, building materials,
and/or two or more uninspected, inoperable or unregistered vehicles
no longer intended or in condition for legal use on public highways
or in agricultural activities are stored. Such term shall also include
any place of storage or deposit outside of a building for any purpose,
including the reclamation or reuse of used or spare parts or waste
materials the vehicles which, taken together, equal two or more such
vehicles. The term "junkyard" shall also be construed to mean any
place of storage or deposit outside of a building, whether in connection
with another business or not, where there is accumulated therein and
thereon any secondhand or used property of whatever material or any
waste material, whether composed of wood, paper, cloth, cardboard,
plastics, metals, stone, cement, or otherwise, which taken together,
exceeds in bulk three cubic yards. For the purpose of this section
any place of storage in a carport or similar structure, where such
vehicle, parts thereof, or other items being stored are visible from
any public road or highway, shall be considered to be outside of a
building. The term "junkyard" shall not be construed to include active
construction yards/sites.
An establishment in which more than six dogs or other domestic
animals are housed, groomed, bred, boarded, trained or sold.
An establishment accessory to an animal hospital or veterinarian's
office in which more than six dogs or other domestic animals are housed,
boarded and/or given medical treatment.
A business that provides washing, drying, and related services
for hire to be used by customers on the premises, exclusive of dry-cleaning
and laundry service facilities as defined by this chapter.
The removal of timber from a lot in quantities greater than
20 standard cords of wood, 2,000 cubic feet or 10,000 board feet,
as measured by the international 1/4-inch log rule, within any given
calendar year.
A defined portion or parcel of land considered as a unit,
devoted to a specific use or occupied by a building or a group of
buildings that are united by a common interest, use or ownership and
the customary accessories and open spaces belonging to the same.
The total horizontal area included within the lot lines.
See "coverage."
The minimum distance from the street line of a lot to the
rear lot line of such lot.
The length of the front lot line measured at the street line.
The lines bounding a lot as defined herein.
A lot line of an irregular or flag lot that is not coincident
with, but approximately parallel to, the street line of a lot, the
length of which equals or exceeds the minimum lot width requirements
and from which the required front yard setback is measured.
The lot line generally opposite to the street line. If the
rear lot line is less than 10 feet in length or if the lot comes to
a point in the rear, the "rear lot line" shall be deemed to be a line
parallel to the front lot line not less than 10 feet long lying farthest
from the front lot line.
A lot which is recorded in the office of the Ulster County
Clerk.
The width of a lot measured parallel to the lot frontage
at the rear of the required front yard.
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
A lot fronting on a public or private road or street which
does not meet the lot width requirements of the district in which
the lot is located at the rear of the required front yard 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.
A parcel of land, in separate ownership from any other adjacent
property, having no frontage and no access onto the street system.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
A system and/or practice that uses and/or mimics natural
processes that result in the infiltration, evapotranspiration, and/or
use of stormwater and precipitation in order to protect water quality
while maintaining the natural hydrology of a site. Surface flows and
groundwater recharge are the key aspects of LID that consider quantity
as well as quality. LID is often referenced as "green infrastructure"
and the management of wet weather flows that employ these processes
and refers to the patchwork of natural areas that provide habitat,
flood protection, cleaner air and water. Both LID and green infrastructure
practices aim to preserve, restore, and create green space sing soils,
vegetation, and/or rainwater harvest techniques. Examples of LID and
green infrastructure include but are not limited to the following:
bioretention facilities, rain gardens, vegetated rooftops, rain barrels,
and permeable pavements.
The largest area found by the projection of a horizontal
plane through the livable floor spaces which is enclosed by the exterior
walls of the buildings.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, as amended, transportable in one or more sections
that, in the traveling mode, is eight feet [2,438 millimeters (mm)]
or more in width or 40 feet (12,192 mm) or more in length or, when
erected on site, is 320 square feet (29.7 square meters) minimum,
and that was built on or after June 15, 1976, 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 plumbing,
heating, air conditioning, and electrical systems contained therein.
The term "manufactured home" shall also include any structure that
meets all the requirements of this definition except the size requirements
and with respect to which the manufacturer voluntarily files a certification
required by the federal Department of Housing and Urban Development
and complies with the standards established by the National Manufactured
Housing Construction and Safety Act of 1974, as amended. The term
"manufactured home" shall not include any self-propelled recreational
vehicle. For the purposes of this chapter, a manufactured home that
is affixed to a permanent foundation and conforms with the identical
development specification and standards, including general aesthetic
and architectural standards, applicable to conventional, site-built
one-family homes in the residential district in which the manufactured
home is to be site, shall be deemed to be a conforming one-family
dwelling. Also for the purposes of this chapter, a modular home, as
defined herein, is not considered a manufactured home.
A parcel of land under single or common ownership and management
on which two or more manufactured homes are occupied or intended to
be occupied as residences.
The lot or space in any manufactured home court which shall
be assigned to or be used and occupied by a manufactured home.
A manufactured home located outside of a manufactured home
court.
Any process whereby the nature, size or shape of articles
or raw materials are chemically or physically changed, or where articles
are assembled or packaged. For the purposes of this chapter, manufacturing
uses are divided into the following categories:
MANUFACTURING, CRAFTAn establishment where tools, equipment, or machinery are used to make or grow products on a small scale, including design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage, retail or wholesale sales and distribution of such products. Refer to § 123-14D for specific requirements related to craft manufacturing, including uses that are considered craft manufacturing. For the purposes of this chapter, standard restaurants, bars and taverns, craft breweries, craft distilleries, craft cideries, and craft wineries are not considered craft manufacturing uses.
MANUFACTURING, HEAVYA use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials; may include the bulk storage and handling of such products and materials; includes manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that may potentially involve hazardous conditions.
MANUFACTURING, LIGHTA use that involves the manufacturing, printing, production, processing, fabrication, or assembly, treatment, repair, or packaging, of finished products, predominantly from previously prepared or refined materials, or from raw materials that do not need refining and are conducted wholly within an enclosed building. Warehousing, wholesaling, and distribution of finished products produced at the site is allowed as part of this use. Light industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, and odor, etc.
A facility for storing, servicing, berthing and securing
pleasure boats.
See "Comprehensive Plan."
An institution licensed by the New York State Department
of Health providing health services primarily for inpatients, including
but not limited to medical or surgical care to persons and inpatients
suffering from illness, disease, injury, deformity, and other abnormal
physical or mental conditions, including, as an integral part of the
institution, such related facilities as laboratories, outpatient departments,
training facilities, central service facilities and staff offices.
Footprints of medical centers shall not exceed 25,000 square feet,
not including accessory buildings. For the purposes of this chapter,
a hospital shall be considered a medical center.
A building, other than a hospital, operated under the supervision
of one or more licensed physicians or medical or allied health practitioners
for the purpose of receiving and treating patients, and used exclusively
on an outpatient basis. This may include immediate and urgent care
facilities that are used for the delivery of ambulatory medical care
outside of a hospital emergency department licensed by New York State
Department of Health (NYSDOH) with only outpatient services. For the
purposes of this chapter, a medical facility shall not include a residential
care facility, medical center.
MEDICAL FACILITY: 7,500 SQUARE FEETA medical facility as defined herein that has a footprint no larger than 7,500 square feet, not including accessory buildings.
MEDICAL FACILITY: 15,000 SQUARE FEETA medical facility as defined herein that has a footprint between 7,501 square feet and 15,000 square feet, not including accessory buildings.
MEDICAL FACILITY: 20,000 SQUARE FEETA medical facility as defined herein that has a footprint between 15,001 square feet and 20,000 square feet, not including accessory buildings.
The minimum lot area per dwelling unit or establishment set forth in § 123-23, Schedule of District Area and Bulk Regulations. Minimum lot area shall also mean the smallest lot area set forth by this chapter on which a use or structure may be located in a particular zoning district.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits. Such use may be subject
to permitting requirements of the State Department of Environmental
Conservation under the Mined Land Reclamation Law (Environmental Conservation
Law, Article 23, Title 27). For the purposes of this chapter, two
forms of mining and excavation are permitted as follows:
MINING AND EXCAVATION, LARGE-SCALEMining and excavation involving the removal of more than 1,000 tons or 750 cubic yards, of mineral(s) during 12 consecutive months or the removal of more than 100 cubic yards of mineral(s) from or adjacent to any water body subject to the jurisdiction of the New York Department of Environmental Conservation under the Protection of Waters Program or the Public Lands Law, as amended.
MINING AND EXCAVATION, SMALL-SCALEMining and excavation involving the removal of less than 1,000 tons or 750 cubic yards of mineral(s) during 12 consecutive months or the removal of less than 100 cubic yards of mineral(s) from or adjacent to any water body not subject to the jurisdiction of the New York Department of Environmental Conservation under the Protection of Waters Program or the Public Lands Law, as amended.
Refers to the development of a tract of land and/or building
with two or more principal uses, allowed in accordance with this chapter
and in accordance with the NYS Uniform Fire Prevention and Building
Code. Also known as "mixed-use occupancy."
A factory-manufactured dwelling unit built prior to January
1, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections
that, in the traveling mode, is eight feet (2,438 mm) or more in width
or 40 feet (12,192 mm) or more in length, or, when erected on site,
is 320 square feet (29.7 square meters) minimum, constructed on a
permanent chassis and designed to be used 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 "mobile home" shall not include travel trailers,
or any self-propelled recreational vehicle.
A residential structure, also referred to as a "factory-manufactured
home," conforming to applicable provisions of the New York State Uniform
Fire and Prevention Code which is constructed by a method or system
of construction whereby the structure or its components are wholly
or in substantial part manufactured in a manufacturing facility, intended
or designed for permanent installation, or assembly and permanent
installation.
See "hotel/motel/resort."
A building or area used for the receipt, transfer, short-term
storage, and dispatching of goods transported by trucks, and may include
the servicing of trucks associated with the terminal. Shall also include
buildings or areas where trucks are parked or located for any period
of time as a base of operation, regardless of whether said vehicles
are serviced or maintained at the site, and regardless of whether
loading, transferring or other shipping activities are carried on
at the site. For the purposes of this chapter, "motor freight terminal"
shall not include the use of tractor trailers or similar containers
for storage purposes, unless said storage is directly associated with
a legally operating motor freight terminal use.
An area of land, including structures thereon, intended or
designed to be used for the rental, lease, sale and/or resale of motor
vehicles, new or used; service and repair of motor vehicles are allowed
as an accessory use to motor vehicle sales.
Sewage disposal and water supply systems approved by the
Town Board and operated by the Town of Esopus.
Any use of a building, other structure or tract of land,
which was lawful prior to the adoption or amendment of this chapter,
which does not conform to the use regulations for the district in
which such use is located, either as a result of this chapter or as
a result of subsequent amendments thereto.
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
An establishment where woody or herbaceous plants are grown
for sale, including a structure for the sale of such merchandise.
An establishment licensed by the New York State Department
of Education providing or designed to provide daytime care or instruction
by an individual, association, corporation, institution or agency,
whether or not for compensation or reward, for seven or more children
from the age of two to five years, inclusive, away from their homes
for more than 2 1/2, but fewer than 10, hours per day.
A facility approved by the State of New York which is designed
for frail elderly and chronically disabled residents. The facility
shall provide twenty-four-hour medical care, activities, supervision,
and social services and may offer a wide range of medical-based services,
including rehabilitation, occupational and physical therapy, and services
to residents with special needs, chronic or life-threatening.
Incidental offices that are customarily accessory to another
use and are allowed as part of an approved principal use.
Any building or part of a building in which one or more persons
are employed in the management or direction of an agency, business
or organization (including nonprofit/not-for-profit organizations).
OFFICE, BUSINESS AND PROFESSIONAL, 7,500 SQUARE FEETA business and professional office, not separately defined in this chapter, and which has a footprint no larger than 7,500 square feet, not including accessory buildings.
OFFICE, BUSINESS AND PROFESSIONAL, 15,000 SQUARE FEETA business and professional office, not separately defined in this chapter, and which has a footprint between 7,501 square feet and 15,000 square feet, not including accessory buildings.
OFFICE, BUSINESS AND PROFESSIONAL, 20,000 SQUARE FEETA business and professional office, not separately defined in this chapter, and which has a footprint between 15,001 square feet and 20,000 square feet, not including accessory buildings.
The map established pursuant to § 270 of the New
York State Town Law, showing streets, highways, parks and drainage,
both existing and proposed, and additions thereto resulting from approval
of subdivision plats by the Planning Board and the subsequent filing
of such approved plats.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, and which is available and accessible to all occupants of the
building or buildings on said lot for purposes of outdoor recreation.
In instances where owner-occupancy is required, "owner" shall
be defined as follows: A person who maintains their principal residence
in property for more than six months of each calendar year and who
is:
An off-street area or structure for the storage of three
or more operating vehicles.
The security which may be accepted by the municipality in
lieu of the requirement that certain improvements be made and maintained
before the Planning Board gives final approval to a site plan. This
security may take the form of a letter of credit, cash deposit or
other form of financial surety that is satisfactory to and approved
by the Town Board.
A structure, or part of a building, or an open-air venue
that may contain audience seating, or a combination thereof, and that
includes one or more screens, stages, studios, or auditoriums, devoted
to showing motion pictures, or for dramatic, dance, musical, or other
live performances as well as the recording of performances. Such establishments
may include space for practice, rehearsal, as well as accessory services
such as food and beverage sales and other concessions.
Any system of pipelines used to move petroleum or natural
gas products from a point of production, treatment facility or storage
area to a transmission line.
The Planning Board of the Town of Esopus.
A map indicating the layout of a group of lots or plots of
ground.
A lot, structure, or building used for the raising, feeding,
breeding, or keeping of chickens, turkeys, or other poultry for marketing
or slaughter for commercial purposes, or for the production of eggs
therefrom for sale.
Establishments primarily engaged in slaughtering, dressing,
packing, freezing, and canning poultry, or in manufacturing products
from such meats or commercial purposes.
A lot, together with all the buildings and uses thereon.
Streams and small water bodies located in the course of a
stream with a classification of "AA," "A," or "B," or with a classification
of "C" with a standard of (T) or (TS), pursuant to Title 5 of Article
15 of the Environmental Conservation Law (ECL), as amended.
Public utility structures and facilities, including but not
limited to electric substations, lines and poles; natural gas metering
stations and distribution lines, water towers and treatment plants,
water and sewer mains and related facilities, telephone/internet lines
and poles, and associated buildings, not including, however, high-voltage
transmission lines and poles thereof. For the purposes of this chapter,
public utilities shall not include establishments engaged in the generation
of electricity, gas or steam, nor shall the term include pipelines
and communication towers, as these terms are defined in this chapter.
A person licensed as an electrician and listed as an eligible
photovoltaic installer by the New York State Energy Research and Development
Authority (NYSERDA) or who is listed as a certified solar installer
by the North American Board of Certified Energy Practitioners (NABCEP)
shall be deemed to be a qualified solar installer for the purpose
of this chapter.
A person who has skills and knowledge related to the construction
and operation of wind energy equipment and installations and has received
safety training on the hazards involved. Persons who are on the list
of eligible wind installers maintained by the New York State Energy
Research and Development Authority (NYSERDA) shall be deemed to be
qualified wind energy installers. Persons who are not on NYSERDA's
list of eligible wind energy installers may be deemed qualified wind
energy installers if the Town determines such persons have had adequate
training to determine the degree and extent of the hazard and the
personal protective equipment and job planning necessary to perform
the installation safely. Such training shall include the proper use
of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to safely install wind
energy components such as towers, inverters, and electrical wiring,
to distinguish exposed energized parts from other parts of electrical
equipment, and to determine the nominal voltage of exposed live parts.
Fixed guideways for the movement of trains and the associated
rights-of-way and necessary equipment.
An indoor and/or outdoor area or facility designed and equipped
for sports, entertainment, and leisure time activities that is operated
as a business and open to the public for a fee. Commercial recreational
facilities may include, but not be limited to, playgrounds, swimming
pools, ice rinks, tennis courts, water parks, basketball courts, handball
and racquet courts, baseball and softball fields, football fields,
polo fields, running tracks, skate parks and similar recreational
uses.
A vehicular-type portable structure, without permanent foundation,
which can be towed, hauled or driven and is primarily designed as
temporary living accommodation for recreational camping and travel
use and including, but not limited to, travel trailers, truck campers,
camping trailers and self-propelled motor homes.
A property or site occupied and utilized by a group of individuals
who constitute or are members of a religious organization on which
exist structures and other facilities that are utilized in the furtherance
of religious activities. Such uses and structures may include, but
are not necessarily limited to, multifamily dwellings, convent or
monastery dwellings, meeting halls, houses of worship, schools and
other educational facilities, such as hospitals, rest homes, youth
homes and economic activities relating to the religious use, such
as printing and manufacturing.
A structure of place in which worship, ceremonies, rituals,
and education pertaining to a particular system of beliefs are held,
together with its accessory buildings and uses (including buildings
used for educational and recreational activities), operated, maintained,
and controlled under the direction of a religious group. Examples
include, but are not limited to, churches, mosques, synagogues, temples,
religious camps and retreats, and other places of worship. Accessory
uses may include but are not limited to school facilities, parking,
caretaker's housing, pastor's housing, convents and similar
accessory uses customarily associated with religious uses.
Research, development, and/or testing facilities or laboratories
that do not involve the mass manufacturing, fabrication, processing,
or sale of products. Where product testing is an integral part of
the operation, goods or products may be manufactured as necessary
for testing, evaluation, and test marketing.
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy. "Residence" therefore
includes all one-family and two-family houses, rowhouses, mobile homes,
apartment houses, boarding, rooming, fraternity and sorority houses,
monasteries, rectories and convents. However, "residence" shall not
include the following:
See "hotel/motel/resort."
Any structure having as a principal use the preparation and
dispensing of foods and beverages for consumption either on- or off-premises.
A commercial establishment, not separately defined in this
chapter, and which provides goods and/or services directly to the
consumer, where such goods are available for immediate purchase and
removal from the premises by the purchasers, and which may include
small-scale manufacturing and assembly of products on-site. In the
case of a service establishment, the services provided by the company
can take place off-site.
RETAIL AND/OR SERVICE ESTABLISHMENT: 7,500 SQUARE FEETA retail and/or service establishment, not separately defined in this chapter, and which has a footprint no larger than 7,500 square feet, not including accessory buildings.
RETAIL AND/OR SERVICE ESTABLISHMENT: 15,000 SQUARE FEETA retail and/or service establishment, not separately defined in this chapter, and which has a footprint between 7,501 square feet and 15,000 square feet, not including accessory buildings.
RETAIL AND/OR SERVICE ESTABLISHMENT: 25,000 SQUARE FEETA retail and/or service establishment, not separately defined in this chapter, and which has a footprint between 15,001 square feet and 25,000 square feet, not including accessory buildings.
A facility for short-term stays, typically for hospitality,
training activities, conferences, and other short-term functions,
is designed to preserve natural features and the open space and rural
character of its setting.
Any establishment where horses are kept for riding, driving
or stabling for compensation.
A strip of land, acquired by reservation, dedication, purchase,
prescription or condemnation, used or intended to be used to afford
legal access to abutting property. See also "street."
The dividing line between a lot and the adjacent right-of-way.
An establishment, usually a booth or stall, which is accessory
to a farm, primarily engaged in the retail sale of produce and farm
products to the general public and which is open no more than eight
months in any calendar year.
An institution, not owned by a public agency, which offers
to its students, formal education and is chartered by the Board of
Regents of the University of the State of New York.
An institution under the jurisdiction of a school district
or other public agency and legally constituted by the State of New
York for the teaching of children or adults including primary and
secondary schools, colleges, professional schools, trade schools,
vocational schools and job-training/rehabilitation schools and similar
facilities, as licensed by the New York State Department of Education.
A building and fenced area for the collection and processing
of recyclable materials. "Processing" shall mean the preparation of
material for efficient shipment, by such means as bailing, briquetting,
compacting, flattening, grinding, crushing, shredding, mechanical
sorting, cleaning, and remanufacturing. The definition shall not include
a junk and/or salvage yard.
A building or group of buildings, whether detached or connected,
containing dwellings that are designed and operated for occupancy
by persons who are elderly or disabled as defined under applicable
state or federal programs designed for such persons or at least 55
years of age if no such program is applicable. Such housing may include
common areas in multifamily dwellings owned and managed by a single
management entity, together with normal and customary ancillary facilities
or services for use by other persons.
The distance in feet from the street line to the principal
building on a lot.
An establishment for the manufacturing, repair, storage,
and sale of ships and boats. Ship and boat building/repair yards do
not include the leasing of dry dock or marina storage for individual
boat owners.
An accessory use or supplementary business allowing a short-term
rental (less than 30 days) of at least one room in a private home
or habitable accessory structures. Two types of STR uses are allowed
in the Town of Esopus: owner-occupied short-term rental and non-owner-occupied
short-term rental. Refer to the definition of "owner" for further
clarification on what constitutes "owner-occupied."
SHORT-TERM RENTAL, NON-OWNER-OCCUPIEDA supplementary business in a non-owner-occupied private residence in which the entire private residence and/or habitable accessory structure are offered for rent, with no owner/host present on the property, and in which no public restaurant is maintained and no other commercial services are offered.
SHORT-TERM RENTAL, OWNER-OCCUPIEDA supplementary business in an owner-occupied private residence in which bedrooms are offered for rent within the residence and/or habitable accessory structure, and in which no public restaurant is maintained and no other commercial services are offered.
Any device (including but not limited to letters, words,
numerals, figures, emblems, pictures, or any part or combination)
used for visual communication intended to attract the attention of
the public and visible to the public right-of-way or other properties.
The term "sign" shall not include noncommercial flags defined by this
chapter nor shall it include any merchandise normally displayed within
a show window of a business.
Any visual message incorporated into or attached to an awning.
Also known as a "canopy sign."
 Awning Sign
|
A temporary portable sign printed, lettered, drawn or displayed
on a sheet composed of fabric, pliable plastic, paper or other non-rigid
material with or without hemmed edges and grommets for mounting.
 Banner Sign
|
A sign attached to and projecting away from the face of a
building or structure. Also known as a "projecting sign."
 Blade Sign
|
A permanent freestanding sign shared by and listing two or
more businesses which share an access road off of a public road.
 Business Directory Sign
|
A permanent sign or portion thereof with characters, letters,
or illustrations that can be changed or rearranged manually without
altering the face or surface of the sign.
 Changeable Copy Sign
|
A permanent sign that includes electronic changeable copy,
typically comprising a liquid crystal diode (LCD), light-emitting
diode (LED), plasma, or other digital illuminated display that contains
one or more messages.
Any permanent or temporary sign (as those terms are defined
in this chapter) anchored directly to the ground or supported by one
or more posts, columns, or other vertical structures or supports,
and not attached to or dependent for support from any building.
A ground-mounted permanent sign with a face that extends
to the ground or to a base or pedestal.
 Monument Sign
|
A sign which directs attention to a business, profession,
commodity, service or entertainment carried on, sold or offered on
the same lot where the sign is located.
Durable signage mounted or affixed to the ground or a building
for long-term use, not easily removed without the need for tools or
special equipment, resistant to weather and other wear and tear, and
otherwise does not meet the definition of "temporary sign" as defined
by this chapter.
A permanent sign supported by one or more poles, columns,
or supports placed in or on the ground and not attached to any building
or other structure. For the purposes of this chapter, pole signs shall
also include monument and pylon signs.
 Pole Sign
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A sign not permanently affixed to a building or ground, nor
wired for electricity or other utility, and easily removed to another
location with little or no need for tools or special equipment.
A sign not permanently affixed to the ground and easily removed
to another location with little or no need for tools or special equipment.
Typically, the sign is wired for electricity and backlit.
 Portable Roadside/Marquee
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A temporary, freestanding sign pertaining to the sale or
lease of the premises or a portion of the premises on which the sign
is located.
A sign, not more than four square feet in area, for noncommercial
identification purposes.
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and projects above
the highest point of a building with a flat roof, the eave line of
a building with a gambrel, gable, or hip roof, or the deckline of
a building with a mansard roof.
 Roof Sign
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A temporary, freestanding sign, composed of one or two sign
panels, and which is intended to be placed on or near a curb, sidewalk
or pedestrianway. For the purposes of this definition, sidewalk signs
shall only include A-frame/sandwich board, T-frame and curb signs
and may include changeable copy but not electronic changeable copy.
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A-Frame/Sandwich Board Sign
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T-Frame Signs
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Curb Sign with Weighted Base
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A movable sign, not permanently secured to the ground or
any building or other structure. These signs shall include freestanding
signs such as sandwich board, and wire and metal frame signs along
with banners and posters as these terms are defined in this chapter.
A temporary sign printed, lettered, drawn or displayed on
a sheet composed of fabric, pliable plastic, paper or other nonrigid
material that wraps around an existing sign or sign frame on a temporary
basis.
Refer to "sidewalk signs."
A sign attached to and mounted parallel to the face of a
building. The term "wall sign" shall include any sign erected on a
roof and extending a height to a point below the peak of the roofline
of the building on which the sign is erected.
Any sign affixed to a window or door, or a sign placed within
a building so as to be plainly visible and legible through a window
or door.
A temporary portable sign supported by wire, metal or wood
framing and temporarily anchored into the ground.
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A plan that indicates the proposed development and uses of
land or structures.
A space open to the sun, mostly clear of overhangs or shade
that allows the use of solar energy systems on real property.
A group of multiple solar panels or modules linked into a
single unit or system.
A photovoltaic cell, panel, solar array, or other device
that converts solar radiation into electricity or transfers solar
energy to air, water, or another storage media.
A written easement recorded pursuant to the New York State
Real Property Law § 335-b (as may be amended from time to
time), the purpose of which is to procure the right to receive direct
sunlight across real property to operate a solar energy system.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
A combination of components that utilize solar radiation
(direct, diffuse, or reflected) to produce energy designed to provide
heating, cooling, hot water and/or electricity, including, without
limitation, solar panels and facilities, solar arrays, solar collectors,
and solar thermal systems and facilities.
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATEDA combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows.
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure.
SOLAR ENERGY SYSTEM, ROOF-MOUNTEDA solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity.
SOLAR ENERGY SYSTEM, SMALL-SCALEA solar energy system which may be rooftop-mounted, building-integrated, or ground-mounted, is designed and/or built to provide power for the owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, and does not generate more than 110% of the kWh's of electricity to be consumed over a twelve-month period by land use(s) existing on the lot where the system is located.
SOLAR ENERGY SYSTEM, UTILITY-SCALEA solar energy system which may be rooftop-mounted or ground-mounted, is intended to generate more than 110% of the kWh's of electricity to be consumed over a twelve-month period by land use(s) existing on the lot where the system is located or which is designed and/or built to provide energy as an ongoing commercial enterprise, or for commercial profit, or designed to distribute energy generated to a transmission system for distribution to customers or co-owners for use off the site. A utility-scale solar energy system may include solar energy system equipment and uses, such as but not limited to supporting posts and frames, buildings and/or other structure(s), access drives, inverter equipment, wires, cables and other equipment for the purpose of supplying electrical energy produced from solar technologies, whether such use is a principal use, a part of the principal use or an accessory use or structure.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A use of property that is basically appropriate to a given
zoning district, but which may be incompatible in some locations within
the district and therefore is not permitted by right everywhere within
such district. A conditional permit use, therefore, is one which is
allowable only when specified facts and conditions are found to exist.
Those rules, regulations and procedures set forth in 6 NYCRR
(New York Code of Rules and Regulations) Part 617 which implement
Article 8 of the New York State Environmental Conservation Law, where
Article 8 establishes the requirement for environmental review of
actions approved, funded or directly undertaken by state or local
government.
Portable storage units designed and used primarily for temporary
storage of building materials, goods, equipment, personal items and
other materials for use on a limited basis. The term shall include,
but not limited to, portable on-demand storage units (PODS®), shipping containers, cargo containers, and
other similar containers. For the purposes of this chapter, storage
containers shall not include trailers, tractor trailers or vehicles.
A street which is one of the following: an existing Town
highway, county road or state highway or street; a street shown on
an approved subdivision final plat; a street shown on a map filed
with the County Clerk (in accordance with § 280-a of the
New York State Town Law) prior to Planning Board authorization to
review subdivision; or a street shown on the Town Official Map
The dividing line between a lot and a street, which forms
the front lot line and frontage of a lot abutting a street, and is
defined by the right-of-way or parcel of land containing a street.
The width of the right-of-way or the distance between property,
street parcel or takings lines on opposite sides of a street.
A street that serves two or more lots which is not under
the jurisdiction or intended to be dedicated to the Town or other
government agency and is maintained by agreement amongst the owners
of all lots having frontage on and having a right to access to such
street.
A static construction of building materials, including buildings,
mobile homes, stadia, platforms, towers, sheds, storage bins, antennas
and other receivers, swimming pools and the like.
The officially adopted local law or ordinance governing the division of land into two or more parcels, specifically Chapter 107 of the Town of Esopus Code.
A group of two or more detached buildings on a single lot,
each building with its own dwelling unit with a separate entrance
and its own parking space, designed for seasonal occupancy and not
more than one of which is used for the purpose of all-year-round residence,
which premises does not contain a public lobby or dining rooms serving
guests. The term "summer cottage colony" includes bungalow or cabin
colonies, tourist cabins or tourist courts, but does not include a
mobile home park, trailer camp, boardinghouse, hotel, motel, tourist
home or bed-and-breakfast establishment.
An outdoor water pool which is intended to be used for swimming
or bathing. An outdoor water pool shall, for the purposes of this
chapter, be construed to mean any swimming pool, tank, depression
or excavation in any material, dike or berm constructed, erected,
excavated or maintained, which will cause the retention of water to
a greater depth than 18 inches or having a plane surface area of water
greater than 100 square feet, and includes in-ground as well as aboveground
swimming pools.
The Town of Esopus, Ulster County, New York.
The person duly designated as attorney of the Town on a permanent
or consultant basis, and who is admitted to the bar in the State of
New York.
The Town Board of the Town of Esopus.
The Town Clerk of the Town of Esopus.
The person duly designated as engineer of the Town on a permanent
or consultant basis and licensed as a professional engineer by the
State of New York.
The person duly designated as planner of the Town on a permanent
or consultant basis.
The duly elected Superintendent of Highways of the Town of
Esopus.
See "manufactured home."
See "manufactured home park."
A vehicle not capable of self-propulsion, designed or used
primarily for the transportation or storage of materials, equipment
or personal effects, not exceeding one ton in capacity.
An authorized or licensed residence providing housing and
operated or funded by a public or private agency duly authorized and
licensed by the New York State Office of Children and Family Services,
State Department of Mental Hygiene, State Department of Health, or
other state or county agency having authority to license and approve
said facility, which houses individuals being cared for or whose housing
or other living expenses are being paid for by the agency and deemed
by the agency to be capable of living and functioning in the community
and which provides professional guidance to such individuals while
living in the facility. For the purposes of this chapter, "transitional
service facility" shall not include a community residential facility
for the disabled, medical center or medical facility, as these terms
are defined herein.
Establishments primarily engaged in furnishing local and
suburban passenger transportation, including taxicabs, charter buses,
public buses, limousines, school buses and associated terminals and
service facilities for motor vehicle passenger transportation. For
the purposes of this chapter, public bus stops are not considered
local transportation services.
A parcel's remaining acreage after subtracting constrained
land.
A permitting process adopted by the Town of Esopus for small-scale
solar energy systems which meet specific criteria for consideration.
This term is employed in referring to:
The main or primary use of a lot and/or building.
See "special use permit."
A facility where animals or pets are given medical or surgical
treatment. Short-term boarding shall be permitted as an accessory
use and shall only be incidental to the primary use and permitted
only in zoning districts where commercial kennels are permitted.
A structure or structures in which materials, goods, or equipment
are stored in a fully enclosed space. For the purposes of this chapter,
a self-storage or mini warehouse shall not be considered a warehouse.
A building or group of buildings designed to contain multiple
storage compartments for use by individuals on a short-term or long-term
basis for a fee, also referred to as "mini storage" or "mini warehouses."
A use engaged in the long-term or temporary storage of manufactured
products, supplies, equipment, records and other items in a warehouse,
excluding the bulk storage of flammable or explosive materials and
the storage of construction and demolition debris, garbage, rubbish,
junk vehicles and other debris. Warehousing uses may include the wholesale
and distribution of stored products.
Any natural or artificial collection of water, such as a
pond, lake or reservoir, whether permanent or temporary.
A water-based commercial establishment involved in carrying
passengers including but not limited to water taxi, tour boat, charter
boat cruise, dinner and other excursion trips, ferry, harbor tender,
and fishing or diving boats, along with the associated terminal, including
but not limited to dock(s), parking areas, ticket office, restrooms,
and related facilities.
Any natural or artificial stream, river, creek, kill, brook,
ditch, channel, canal conduit, drain, waterway, gully or ravine in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks.
All freshwater wetlands as identified and/or mapped by the
New York State Department of Environmental Conservation pursuant to
Article 24 of the Environmental Conservation Law, as may be amended
from time to time.
The structures and associated equipment which convert wind
energy into usable mechanical or electrical energy, including towers,
turbines, guy wires, associated anchors and foundations, mounts, connected
facilities such as generators, alternators, inverters and batteries,
and other associated equipment.
WIND ENERGY CONVERSION SYSTEM, SMALL-SCALEA wind energy conversion system that supplies power primarily to on-site structures or that supplies power primarily to structures on an adjacent lot.
WIND ENERGY CONVERSION SYSTEM, SMALL-SCALE, BUILDING-MOUNTEDA small wind energy conversion system that is specifically designed for installations on the roofs, sides or other elevated surfaces of buildings.
SMALL-SCALE WIND ENERGY CONVERSION SYSTEM, GROUND-MOUNTEDA small wind energy conversion system that is specifically designed for installations on poles, sides or other elevated surfaces of buildings.
WIND ENERGY CONVERSION SYSTEM, UTILITY-SCALEA wind energy conversion system that supplies power primarily for off-site structures and is designed and/or built to provide energy as an ongoing commercial enterprise, or for commercial profit, or designed to distribute energy generated to a transmission system for distribution to customers or co-owners for use off the site.
An open, unoccupied space extending across the full width
of the lot between the front lot line and a line drawn parallel thereto
at the closest building.
An open, unoccupied space extending across the full width
of the lot between the rear lot line and a line drawn parallel thereto
at the closest building.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line, for a depth
or width as specified by the bulk regulations of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
An open, unoccupied space between the building and the side
line of the lot and extending from the front yard to the rear yard.
Any lot line not a rear line or a street line shall be deemed a side
line.
The act of regulating the use of land and the size of and
location of buildings on the land. Such regulations are designed to
assure the health, safety and general welfare of a community.
The person duly designated as being responsible for the enforcement
of the zoning regulations of the Town of Esopus, New York or his duly
authorized representative. The Zoning Enforcement Officer is also
referred to throughout this chapter as the Building Inspector and
for the purposes of this chapter the terms Zoning Enforcement Officer
and Building Inspector shall have the same meaning.
