Town of Ghent, NY General Provisions

Scope and meaning of certain words and terms.

The word "person" includes a profit or nonprofit corporation, company, partnership, individual or other legal entity.

The word "shall" indicates a requirement; the word "may" is permissive.

The words "lot," "plot" and "land" are interchangeable.

The word "use" means any purpose or event for which a structure or premises or part thereof is occupied, constructed, maintained, designed, arranged, employed, made available, offered or intended. Any such purpose or event constitutes a use, whether same is temporary or permanent.

(5)

The word "used" refers to the actual fact that a lot or land, building or structure, or part thereof, is being occupied or maintained for a particular use.

Definitions of words and terms.

ACCESSORY DWELLING

A separate dwelling unit located on the same lot with and detached from any dwelling and is a secondary use on the lot.

ACCESSORY USE, BUILDING OR STRUCTURE

A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, garden shed, a private playhouse and a private greenhouse.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

ADULT CABARET

A nightclub, bar, restaurant, nonalcoholic bar or similar commercial establishment, either public or private, which regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT HOME

A home for adults conforming to the standards of adult homes as established by the State of New York and providing a residence for adults and/or children who need care or assistance or a place to live, but who do not require assistance for basic living functions.

ADULT MOTEL

A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.

ADULT MOTION PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT RETAIL STORE

(1)

A commercial establishment which, as one of its significant business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(b)

Instruments, equipment, devices or paraphernalia primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.

(2)

A commercial establishment may have other significant business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an "adult retail store" so long as one of its significant business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "significant business purpose" shall mean 25% or more of any of the following:

(a)

The number of different titles or kinds of merchandise;

(b)

The number of copies or pieces of such merchandise;

(c)

The amount of floor space devoted to the sale and/or display of such merchandise; or

(d)

The amount of advertising which is devoted to such merchandise, either in print or broadcast media.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas.

ADULT USE AND ENTERTAINMENT ESTABLISHMENT

A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or g-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets; adult motels; adult motion picture theaters; and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.

AGRICULTURAL DATA STATEMENT

A written statement required when certain land use determinations within 500 feet of a farm operation located in a NYS Agricultural District takes place. The statement must include information about the proposed project, and is included in the application for project approval. A notice of the project application is mailed to owners of land associated with the neighboring farm operation identified in the statement. The Planning Board is required to evaluate and consider the statement in its review of possible impacts of a project on nearby farm operations.

AGRICULTURAL PROCESSING, COMMERCIAL

A commercial building or buildings, including accessory buildings totaling no larger than 10,000 square feet where animals are killed and processed into meat foods, or a facility where plants and plant products are processed into canned, frozen, or fresh food products.

AGRICULTURAL PROCESSING, ON-FARM

Processing plant or animal products primarily grown on that farm.

AGRICULTURAL STRUCTURE

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation but used in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation including but not limited to barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes. Wind turbines and solar panels that supply no more than 110% of the electrical needs of a farm operation shall also be considered an agricultural structure.

AGRICULTURAL USE, ANIMALS

The use of land for harboring, raising, harvesting, selling, keeping, or feeding domesticated farm animals, including but not limited to, grazing, breeding, managing, selling, or producing livestock, poultry, fur-bearing animals or honeybees, or by dairying and the sale of dairy products, or by any combination thereof. It also includes the use of land for stabling or training equines, including but not limited to providing riding lessons, training clinics, and schooling shows, including other on-farm niche marketing promotions. Slaughterhouses, meat packing facilities, hide tanning operations, and operations which utilize animals in research, shall not be considered an animal agricultural use. The keeping of household pets for personal enjoyment shall not be deemed agricultural use, animals and shall be allowed in all zones.

AGRICULTURAL USE, CROPS

The use of land for raising, harvesting, and selling crops by horticulture, floriculture, viticulture, aquaculture, hydroponics, silviculture, or by any combination thereof. A garden accessory to a residential use shall not be deemed an agricultural use.

AGRICULTURAL-RELATED BUSINESS

A secondary business located on a farm operation that processes, sells or uses products grown primarily on that farm, including but not limited to agritourism, canning or freezing of plant products, sale of farm products, farm restaurant, commercial greenhouse, or brewery or distillery.

AGRITOURISM

Activities conducted on a farm and offered to the public, or to invited groups, for the sale of agricultural products, education, recreation or active involvement in the farm operation. An agritourism activity may be secondary to the primary farm use on a property. Agritourism activities may be conducted in an accessory building or structure. Agritourism activities include, but are not limited to, on-farm bed and breakfasts, farm stay programs, u-pick operations, and pumpkin patches.

AIRCRAFT REPAIR OR RESTORATION

An establishment that engages in the repair and/or restoration of modern, classic or antique aircraft. The facility operator must employ only FAA certified mechanics and shall submit documentation of such to the fixed based operator of the Columbia County Airport.

AIRPORT AND ANCILLARY USES

A facility where aircraft can land and take off. Ancillary uses shall include hangers for aircraft storage, whether owned or leased, refueling facilities, tiedown areas and sales and service of aircraft and products accessory to aircraft or those required by pilots and/or owners. The sale, installation and repair of electronic equipment shall be included.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; or an enlargement whether by extending on a side or by increasing in height; or moving from one location or position to another; the term "alter" in its various modes and tenses and its participial form refers to the making of an alteration.

ARTISTS CULTURAL CENTER OR RETREAT

Land and buildings used as a meeting place, retreat and/or exhibition center for the exchange of ideas between artists, members of the professional art community and the general public. Artists shall include persons working in all art forms and mediums, including, but not limited to, painters, sculptors, authors, screen writers, playwrights, film makers, musicians and photographers. A cultural center or retreat may provide indoor and outdoor exhibition space, work space, meeting space, lecture halls, performance space and sculpture parks, as well as living and dining facilities for the staff, artists and participants in the center's or retreat's programs.

AUTOMOBILE LEASE/RENTAL FACILITY

A facility where vehicles are leased or rented. This use shall include all areas, whether enclosed or open, where such vehicles are stored. No repair services other than necessary washing and cleaning or fueling shall be performed on the premises.

BED-AND-BREAKFAST FACILITY

A dwelling that offers overnight lodging consisting of up to four rooms to guests on a temporary basis and that may also offer breakfast to its guests only. A facility that qualifies as a motel, hotel, restaurant or camp ground shall not be considered to be a bed-and-breakfast facility.

BILLBOARD

A sign that directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally sold, offered or existing upon such lot.

BUFFER AREA

An undeveloped part of a property or an entire property specifically intended to separate and thus minimize the effects of a land use activity (e.g., noise, dust, visibility, glare, etc.) on adjacent properties. Natural vegetative covers existing within the buffer area shall be encouraged to be preserved as part of that buffer to the maximum extent practical.

BUILDING

A structure with a roof supported by columns or walls and having a ground area of more than 50 square feet.

BUILDING INSPECTOR OR ZONING ENFORCEMENT OFFICER

The official Building Inspector, Deputy Building Inspector or Zoning Enforcement Officer of the Town of Ghent.

CABIN

Any structure designed primarily for seasonal use, not greater than 500 square feet, and not used or capable of being used for year-round residency.

CAMPGROUND

A transient outdoor recreational activity on a parcel of land in which are located two or more tents, yurts, shelters, recreational vehicles, or other accommodations of a design or character suitable for seasonal or temporary living purposes, but not including a manufactured home park, boarding house, hotel or motel, bungalow colony, or permanent storage and use of any such accommodations. A seasonal campground may not serve as a place for permanent residency, but is a place for vacationers or for recreational purposes for no more than eight months per year.

CAR WASH

A structure or building designed for the washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be a car wash where such use is an accessory service to the principal service of the filling station.

CEMETERY

Licensed human burial grounds.

CLUB, COUNTRY

A club for golfing, tennis, swimming, hunting, fishing, horseback riding or similar sports.

COMPOST FACILITY - ON FARM

A farm operation related commercial establishment designed to manage and control the process of degrading organic matter by microorganisms. A composting facility can accept no more than 1,000 cubic yards of source-separated organic waste per year, animal manure and associated animal bedding material, not more than 3,000 cubic yards of yard and brush waste and food waste. Organic materials suitable for a composting facility shall not include construction and demolition debris, organic materials containing heavy metals, or sewage sludge.

CONCERT

A program of vocal or instrumental music.

CONTRACTOR FACILITY

A parcel of land used for the storage of vehicles, equipment and materials used by a general contractor, excavation contractor, plumber contractor, electrical contractor or similar business including any office space and the repair and maintenance of vehicles and equipment owned by the on-premises business. This use shall also allow for the fabrication of components used as part of the contractor's normal course of business (i.e., a general contractor may have a woodworking shop, an electrical contractor may assemble lighting components, etc.).

COURT

An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, which is bounded on two or more sides by such building or buildings. An offset to a court shall be deemed a separate court for the purpose of determining its required dimensions.

COURT, DEPTH OF

The maximum horizontal dimension at right angles to the width.

COURT, HEIGHT OF

The greatest vertical distance measured from the lowest level of such court up to the roof of the building.

COURT, INNER

Any court which is not an outer court.

COURT, OUTER

A court extending to a street line or opening on another outer court or any required front, side or rear yard.

COURT, WIDTH OF

The horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.

DWELLING

A building (other than a mobile home) arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.

DWELLING UNIT

One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.

DWELLING, MULTIPLE

A building or portion thereof containing more than two dwelling units.

ELECTRIC VEHICLE CHARGING STATION

An accessory use of a business that supplies electric energy for the recharging of electric vehicles and plug-in hybrid vehicles.

EXHIBITION

A show or display for entertainment or competition.

FAMILY

One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit. For the purposes of this chapter, there shall be a presumption that more than three persons exclusive of domestic servants, not related by blood, marriage or adoption and occupying the dwelling unit as a single, nonprofit housekeeping unit shall not constitute one family, except for a foster home. This presumption may be rebutted by an applicant in accordance with the procedure set forth in § 190-57 of this chapter.

FARM MARKET

A structure larger than 400 square feet, where one or more farmers or vendors sell agricultural produce to the public on a permanent basis, whether seasonal or year-round.

FARM STAND

A temporary use of a structure including small buildings, carts, wagons or stands for the display and sale of farm products produced primarily on the parcel on which the farm stand is located, and not more than 400 square feet in size. It may have one sign with a maximum of six square feet in size. A farm stand that is temporary and has a horizontal display area of 400 square feet or more requires a special permit. A farm stand that is in a permanent structure or within a building used for other purposes shall be considered a farm market.

FARM WORKER HOUSING

An accessory apartment or other dwelling used to house farm workers on a parcel of land used as farm operation.

FARM, OPERATION

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision 13 of Article 25-AA of the Agricultural Districts Law and "timber processing" as defined in subdivision 14 of Article 25-AA. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

FENCE

A structure designed either to limit access to a land area or to screen such area from view, or both.

FESTIVAL

An occasion or event for celebration including cultural performances, entertainment or exhibitions. This does not include a private party hosted at a private residence and not open to the general public for attendance, which is considered to be an accessory use to the private residence.

FILLING STATION

A building or lot or part thereof supplying or selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include a convenience store or accessory facilities for rendering service for motor vehicles, such as lubrication, washing, and minor repairs. It shall not include a used car lot.

FLOOD AREA OVERZONE (FAO)

Provisions regarding regulations for flood zones are now covered separately by Local Law No. 1 of the year 1987, entitled a "Local Law Regulating The Flood Area Overzone in the Town of Ghent."

FOOD PROCESSING FACILITY

A business premises used for the transformation of raw ingredients, by physical or chemical means, into food, or of food products into other forms. Food processing may include the cutting and packaging of meat, poultry and fish, baking, blending, curing or brining, grinding, roasting, smoking, or packing or repackaging in bulk. This does not include Agricultural Processing, Commercial.

FRONTAGE

The linear distance between the side lots measured parallel and adjacent to the roadway on which the parcel fronts at the edge of the roadway.

GREENHOUSE, NURSERY

A structure where plants are cultivated and sold for retail or wholesale purposes.

HAMLET

An unincorporated grouping of cluster of residences and businesses.

HEALTH CLUB

An entity providing space and equipment for health and athletic purposes or providing exercise and physical benefit to members and guests on the premises.

HEIGHT OF STRUCTURE OR BUILDING

The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.

HOME OCCUPATION-1 (HO-1)

A business resulting in a product or service for financial gain, conducted wholly or partly within a dwelling unit as a nonresidential use that is secondary and subordinate to the use of the dwelling for living purposes and which does not change the residential character of the dwelling unit or vicinity. The enterprise is conducted by an owner/operator who must reside on the premises and does not employ more than three persons, in addition to the owner/operator and any other family participants in the home occupation who reside on the premises. Exterior evidence of this secondary use, if present at all, is limited to a small sign or lawn plaque. Few customers, clients, or other business associates enter the premises daily. The business does not store business products, equipment or vehicles outside. The enterprise normally produces only household quantities and types of waste and does not involve delivery truck visits or other traffic beyond that expected of a typical residence.

HOME OCCUPATION-2 (HO-2)

A business activity resulting in a product or service for financial gain, conducted wholly or partly within an accessory structure no larger than 1,000 square feet as a nonresidential use that is secondary and subordinate to the use of the parcel for living purposes and which does not change the residential character of the parcel or vicinity. The enterprise is conducted by an owner/operator who must reside on the premises and does not employ more than three persons, in addition to the owner/operator and any other family participants in the home occupation who reside on the premises. A sign is likely to be present. Other exterior evidence of this secondary use includes customers, clients, and other business associates entering the premises daily.

HOME OCCUPIED BUSINESS

A business which is carried out in an outbuilding of a lot, larger than 1,000 square feet but less than 1,600 square feet in a new outbuilding or less than 5,000 square feet in an existing outbuilding. Such lot shall also contains the principal residence of the owner of the business. A home occupied business must meet all of the requirements set forth in § 190-9 of this Zoning Chapter.

HOME PROFESSIONAL OFFICE

A home occupation or home occupied business for the office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer or teacher, with a limitation of no more than five personnel, including the proprietor(s), and with a maximum square footage of 1,600 square feet. Any such use involving more personnel or more square footage shall be considered to be a commercial use and shall not be considered to be a professional office, nor permitted in a residential zone. The square footage requirement referred to herein for a new building shall include the total of all floor areas except for any floor area where the floor to ceiling height requirement is less than six feet. The square footage referred to herein for an existing building shall be the area which is actually being used for a professional office. Only one professional office is permitted per dwelling, and to qualify as a home professional office, the operator(s) of the office must live in the dwelling or on the parcel containing the outbuilding.

HORSE BOARDING OPERATION

An agricultural activity that provides care, housing, health related services and training to animals kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the farm owner for the horse that is boarded at the farm and used for such activities, are part of the farm operation. Horse shows for horses either boarded at or owned by the farm operation, which are not open to the general public, are also part of the farm operation. A riding academy is not considered to be an agricultural activity under the New York State AML. A riding academy generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.

IN-LAW APARTMENT

See "accessory dwelling."

KENNELS

The keeping of two or more dogs over six months of age for sale or for boarding purposes, if the dogs are not owned by the owner or occupant of the premises. Also, the keeping of four or more dogs over six months of age for any purpose if the dogs are owned by the owner or occupant of the premises.

LODGINGS

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct access and related office, and with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "lodging" includes buildings designed as inns, tourist courts, motor lodges, motels, hotels, auto courts and other similar appellations, excluding bed-and-breakfasts, but shall not be construed to include parking areas for house trailers or mobile homes or dwelling units except for that of a manager or property caretaker.

LOT

A parcel of land occupied or used by one main building or use with its accessory buildings and the required open spaces. For the purposes of this chapter, any real property owned by the same party or parties which is contiguous, and regardless of when obtained, shall constitute one lot, subject, however, to the provisions of Article IX. For the purposes of this chapter, any parcel which is completely divided by a Town, county or state highway shall constitute a separate lot. Each lot shall be fully subject to the dimensional requirements of this chapter.

LOT AREA

The total horizontal area included within lot lines.

LOT COVERAGE

The percentage of the area of the lot covered by a building or buildings.

LOT LINE

Any boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.

LOT LINE, FRONT

The street right-of-way line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.

LOT LINE, REAR

The lot line opposite to the front lot line.

LOT WIDTH

The dimension measured from side lot to side lot, measured at the place where the main improvement is to be located.

LOT, CORNER

A lot at the junction of and fronting on two or more intersecting streets.

LOT, INTERIOR

Any lot other than a corner lot.

LOT, THROUGH

A lot extending from one street to another.

MANUFACTURED HOME, DOUBLE-WIDE

A dwelling unit, transportable in two sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is a minimum of 700 or more square feet, and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. A recreational vehicle is not included in this definition. Manufactured homes differ from modular or industrialized housing.

MANUFACTURED HOME, SINGLE-WIDE

A dwelling unit, transportable in one section, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 700 or more of square feet, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A recreational vehicle is not included in this definition.

MANUFACTURED HOUSING

Factory-built single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec 5401), commonly known as the HUD Code. Mobile homes are manufactured housing. Manufactured homes and mobile homes are normally built in one or two pieces and transported to the site with a chassis that allows the home to be moved. A manufactured house is a house built in conformity with the provisions of the federal HUD Code. Mobile homes are those built prior to the adoption of the HUD Code.

MEMBERSHIP CLUB, NONPROFIT

The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, social, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity; nor for the meeting of other organizations, nor for educational and cultural purposes.

MINING

The excavation or extraction of earth, sand, gravel, stone, quarry material, clay, loam, humus, top soil or other earth material from a lot and removal thereof from that lot; or any temporary storage of such materials by stockpiling, or any processing of excavated or stockpiled materials, or any of the related land use activities engaged in during the above activities, such as construction of buildings, barriers and other structures, clearing of property, removal or placement of trees, vegetation and earth material, or the regrading or movement of earth material within the boundaries of a single lot or subdivision.

MINING OVERZONE MAP

The map established by the Town of Ghent showing those areas in the Town where mining shall be permitted by special permit subject to the regulations set forth in this chapter. Mining shall not be permitted in any other areas in the Town of Ghent except as expressly otherwise permitted in the mining law set forth in this chapter.

MINOR

A person less than 18 years of age.

MIXED-USE BUILDING

A building with space for permitted commercial, business, or office use, and space for residential use.

MOBILE HOME

Manufactured homes built prior to the adoption of the HUD Code.

MOBILE HOME LOT

A designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home or its occupants.

MOBILE HOME PARK

Any parcel of land which is planned and improved for the placement of two or more mobile homes which are used as dwellings and for occupancy of more than 90 consecutive days.

MOBILE HOME STAND

A durable surface located on a mobile home lot which is to be used for the placement and capable of supporting a mobile home.

MODULAR HOME

A factory-fabricated New York State code approved transportable building unit designed to be used as a residence. Modular homes typically are manufactured in one or more pieces and transported to the site for placement on a permanent foundation.

MULTIPLE DWELLING

A building or portion thereof containing three or more dwelling units designed or used for occupancy by three or more families living in separate areas, including senior housing. In accordance with the New York State Building Code, a multiple dwelling shall be considered a commercial use.

MULTIUSE INDUSTRIAL/COMMERCIAL STRUCTURE

A single structure which was designed for and occupied by more than one permitted commercial use. The minimum lot size required for this type of use shall be computed by adding 20,000 square feet for each use within the structure to the minimum lot size required within the zone.

MUSEUM

A place for exhibiting for public display works of art, science, invention, education, antiquities, curiosities or objects of natural history.

NONCONFORMING STRUCTURE

A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

NONCONFORMING USE

Any use of a building, structure, lot or land or part thereof, lawfully existing at the effective date of this chapter or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.

NONNUISANCE COMMERCIAL BUSINESS

Includes all light manufacturing and assembly, packaging, finishing or treating of products carried on completely within an enclosed structure, and involving no permanent outside storage of equipment or materials. Said use shall not include any commercial operations which would: a) cause danger of fire or explosion; or b) which shall result in significant objectionable vibration, noise, smoke, fumes, odor, dust, gas fumes, chemicals, radiation, or other waste materials, including hazardous waste, which would: i) cause a nuisance; or ii) adversely effect other private or public properties. Excludes any industrial operation and all other permitted uses in Appendix C. Nothing herein shall in any way restrict or limit the requirements or language of §§ 190-12, 190-22 and 190-23.

NUDITY or STATE OF NUDITY

The appearance of:

(1)

Human bare buttocks, anus, male genitals, female genitals or areola or nipple of the female breast; or

(2)

State of dress which fails to opaquely and fully cover human bare buttocks, anus, male genitals, female genitals or areola or nipple of the female breast.

NURSERY SCHOOL

A building or structure, together with its lot and its accessory uses, building and structure, used as an organized instructional facility for five or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation such as Ferris wheel or roller coasters, and not furnishing sleeping quarters except for the resident family.

NURSING HOME

A facility licensed by the State of New York pursuant to the Public Health Law providing nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing and, in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility.

OFFICES: BUSINESS, PROFESSIONAL OR UTILITY

A room, group of rooms or building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services such as cafeterias and lounges. To qualify as a professional office, this use must also meet the definition of professional office as set forth herein. However, a use for conducting the affairs of a profession or service which does not meet the definition of professional office because of the number of personnel or square footage will still be deemed to be a business office if it otherwise qualifies as such under this definition.

OPEN SPACE

Land used for the purpose of recreation, resource protection, amenity or buffers; freely accessible to all residents and protected by the provisions of this chapter to ensure that it remains in such uses. Open space does not include land occupied by buildings, roads or road right-of-way; nor does it include the yard or lots of single or multifamily dwelling units or parking areas as required by the provision of this chapter. Open space shall be left in a natural state except in the case of recreation uses, including recreational buildings.

PARKING AREA

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

PARKING GARAGE

A building designed for the parking or storage of vehicles or trailers.

PARKING SPACE

A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area. Each space shall be no less than nine feet by 18 feet.

PERMITTED USE

A specific main use of a building, structure, lot or land, or part thereof, allowed by this chapter in a particular district as a matter of right. Any use which is not listed as a permitted, special permit or accessory use, or one requiring a site plan or modified site plan approval, shall be considered a prohibited use.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

PLANNED RESIDENTIAL DISTRICT

Planned Residential District shall be considered a special district which may be granted as a zoning change to a developer for the purpose of building a residential community or neighborhood containing a variety of housing types. Such zoning change shall be granted according to the procedures in Article III of this chapter. A Planned Residential District is permitted in the following districts: Rural Residential/Agricultural-1 (RRA-1), Rural Residential/Agricultural-2 (RRA-2), Hamlet Residential (HR) and Village Residence (VR).

PRIVATE RECREATION AREA, NONPROFIT

A park, playground or recreation area operated by a nonprofit organization for the primary purpose of providing relaxation or an opportunity for the playing of games or sporting activities.

PROFESSIONAL OFFICE

A building used for an office by a duly licensed architect, medical doctor, dentist, psychologist, psychiatrist, therapist, lawyer, insurance agent, real estate broker, stockbroker, ophthalmologist, optometrist, optician, engineer or surveyor, with a limitation of no more than nine personnel, including the proprietor(s) and with a maximum square footage of 1,600 square feet. Any such use involving more personnel or more square footage shall be considered to be a commercial use and shall not be considered to be a professional office, nor permitted in a residential zone. The square footage requirement referred to herein for a new building shall include the total of all floor areas except for any floor area where the floor to ceiling height requirement is less than six feet. The square footage referred to herein for an existing building shall be the area which is actually being used for a professional office.

PROHIBITED USE

A use of a building, structure, lot or land, or part thereof, which is not listed as a permitted, special permit or accessory use or as a use requiring site plan or modified site plan approval.

RACETRACK

A course prepared for racing. This shall include motorized racing or animal racing, but not human racing. This does not include a temporary course which will be completely dismantled immediately after the event is concluded. This does not preclude incidental items for exhibitions such as barriers, fencing and guardrails, which will be immediately dismantled after the conclusion of such exhibition. A temporary course is not a use but may be permitted in connection with an exhibition or festival.

RECREATIONAL VEHICLE (RV)

A vehicle that is either self-propelled or towed, is primarily designed to provide temporary living quarters for recreational, camping or trailer use and does not require a special permit to legally use the highways. Recreational vehicles include motor homes, tiny houses on wheels, travel trailers, fifth wheel trailers and folding camping trailers. Any RV used as a dwelling unit for a period of more than eight months per year must meet the requirements § 190-7 of manufactured housing.

RESEARCH INSTITUTE OR LABORATORY

A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products, and uses accessory thereto; with respect to the application of this chapter, such research institute or laboratory shall meet the standards of a nonnuisance industry.

RESIDENTIAL DISTRICT

Refers to the HR (Hamlet Residential), RRA-1 and RRA-2 (Residence/Agricultural), and VR (Village Residential) districts.

RESTAURANT

A public eating place that may or may not have a liquor license. The principal activity shall be the service of food to the public, and a secondary activity may be alcoholic beverage sales to supplement the service of food. Music for or dancing by patrons only (but no other live entertainment) shall be considered as an accessory use to a restaurant. A patron is someone who comes to such establishment for his/her personal use and enjoyment only, and does not receive any form of remuneration or payment for being there.

RETAIL SHOPPING CENTER

A group of two or more commercial establishments planned, constructed and managed as a total entity with customer and employee parking on site, and with provisions for goods delivery separated from customer access.

RIDING ACADEMY

A commercial establishment that generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.

RIGHT TO FARM LAW

A state, county, or local law passed that states that an agricultural practice used on land subject to an agricultural assessment shall not constitute a private nuisance, when an action is brought by a person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the commissioner of NYS Department of Agriculture and Markets.

ROADSIDE STAND

A place for the sale of farm or home occupation products actually produced on the parcel on which the roadside stand is located. A structure shall not qualify as a roadside stand if it is located within any building that is used for any other use.

ROADSIDE STAND, LARGE

A roadside stand that has 32 square feet or more in horizontal display area.

ROADSIDE STAND, SMALL

A roadside stand that has less than 32 square feet in horizontal display area.

SAWMILL

A mill or machine used for the processing of lumber products from raw uncut timber obtained onsite or offsite to be sold for commercial purposes.

SAWMILL, AGRICULTURAL

The on-farm processing (including milling and drying) and marketing of timber grown on that same farm operation (as defined in Agriculture and Markets Law 25-AA) into woodland products, including but not limited to logs, lumber, posts and firewood, provided that such farm operation consists of at least seven acres and produces for sale other crops, livestock or livestock products of an annual gross sales value of $10,000 or more and that the annual gross sales value of such processed woodland products does not exceed the annual gross sales value of such crops, livestock or livestock products. An agricultural sawmill may be permanent or portable.

SAWMILL, COMMERCIAL

The processing (including milling and drying) and marketing of timber grown on off-site parcels, or on parcels that are not farm operations into woodland products, including but not limited to logs, lumber, posts and firewood. A commercial sawmill may use portable sawmill equipment on-site.

SAWMILL, PORTABLE

A mill that can be moved from place to place and used to process timber for less than two months per year on any one parcel.

SELF-STORAGE UNITS

A facility containing a structure or structures containing separate individually leasable or rentable storage spaces varying in sizes which may be rented or made available for use by one or more persons or entities for the storage of materials and equipment of that person or entity.

SEMINUDE

A state of dress in which clothing covers no more than the specified anatomical areas, notwithstanding portions of the body covered by supporting straps or devices.

SENIOR HOUSING

Multifamily housing designed for people aged 62 years and older. This includes adult retirement community, assisted living facility, continuing care retirement community, and retirement community types of structures.

SHOPS FOR CUSTOM WORK

A business premises used for custom made products such as the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, and not including the manufacture of ready-to-wear or standardized products. Facilities producing articles that are wholesaled or marketed in traditional retail outlets shall be deemed industrial/commercial uses.

SIGN

Any kind of signboard, pennant or other device or display used as an advertisement or announcement or used to give directions or otherwise attract attention. Signs may be permanent or temporary.

SIGN, TEMPORARY

A temporary sign is a sign that is displayed for a limited period of time relating to a special event or activity, and is required to be removed promptly upon the completion of such special event or activity. No sign which is displayed for more than three months shall be considered a temporary sign. A sign that is lighted or that is greater than eight square feet in area does not qualify as a temporary sign.

SINGLE-FAMILY DETACHED

A single-family residence on an individual lot with private yards on all four sides of the house.

SOLAR ENERGY EQUIPMENT

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM, AGRICULTURAL

A solar energy system on a farm operation as defined by New York State Agriculture and Markets Law 305-a that provides up to the maximum allowable energy output as defined by state and/or federal requirements generating no more than 110% of the electrical needs of such farm operation. These may be building-mounted or ground-mounted systems.

SOLAR ENERGY SYSTEM, BUILDING-MOUNTED FOR INDIVIDUAL USER

A solar energy system that is affixed to the roof or side(s) of a building or other legally permitted structure either directly or by means of support structures or other mounting devices primarily servicing on-site residential or business uses and that produce 25 kW or less electricity.

SOLAR ENERGY SYSTEM, COMMERCIAL

A solar energy system that produces energy primarily for supplying more than 200 kW of electrical energy into a utility grid for wholesale or retail offsite sale or consumption, whether generated by photovoltaics, solar thermal devices or other solar technologies, and whether ground-mounted or building-mounted. A commercial solar energy system may also be referred to as a "solar plant," "solar farm," "commercial solar energy system" or "solar power plant."

SOLAR ENERGY SYSTEM, GROUND-MOUNTED FOR INDIVIDUAL USER

A solar energy system that is directly anchored to the ground and attached to a pole or other mounting system, not attached or affixed to an existing structure, and detached from any other structure designed to serve on-site residential or business uses as the principal user and that produce 200 kW or less electricity.

SOLAR ENERGY SYSTEMS

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

SPECIAL EVENT VENUE

A property, building, or area which is rented by individuals or groups by the property owner to accommodate private functions, including, but not limited to, banquets, weddings, parties, family reuions, corporate events, meetings and other similar celebrations or events as its primary use. This does not apply to a special permit issued for another use. Such a use may or may not include:

(1)

Catering kitchen facilities for the serving of food and not primarily for food preparation.

(2)

Outdoor gardens or reception facilities.

SPECIAL PERMIT USE

A use in one or more districts, for which the Board of Appeals or the Planning Board may grant a permit, pursuant to the provisions of Article V, Chapter 190.

SPECIFIED ANATOMICAL AREAS

All of the following areas unless completely and opaquely covered: human buttocks, anus, male genitals, female genitals, pubic region, breasts below a point immediately above the top of the areola and, unless completely and opaquely covered, male genitals in a turgid state.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

(1)

The fondling or other erotic touching of human buttocks, anus, male genitals, female genitals, pubic region or breasts;

(2)

Masturbation, actual or simulated; or

(3)

Excretory functions.

STABLE

A structure that is used for the shelter or care of horses and livestock.

STREET

Any existing federal, county or municipal highway or any existing street shown on a subdivision plan filed in the county clerk's office, and which has been approved by the Town of Ghent Planning Board.

STREET LINE

The dividing line between a lot and a street right-of-way.

STRUCTURE

Anything constructed or erected on or under the ground or upon another structure or building.

TAVERN

A place where beverages, including alcoholic beverages, are sold to be consumed by the public on the premises. A tavern may also serve food for public consumption on the premises. Music for or dancing by patrons only (but no other live entertainment) shall be considered as an accessory use to a tavern. A patron is someone who comes to such establishment for his/her personal use and enjoyment only, and does not receive any form of remuneration or payment for being there.

TELECOMMUNICATIONS

The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

TELECOMMUNICATIONS SITE

See definition for "wireless telecommunications facilities."

TELECOMMUNICATIONS STRUCTURE

A structure used in the provision of services described in the definition of "wireless telecommunications facilities."

TEMPORARY BUILDING PERMIT/CONSTRUCTION

The Zoning Enforcement Officer may grant a temporary building permit for a period not to exceed one year for a nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery, real estate office or model homes located on or near a tract of land where individual properties are being offered for sale. Such temporary permit shall be issued only upon written agreement by the owner or his agent to remove such building, structure or use or to convert it to a conforming use upon the expiration of the permit. Such permit shall also be subject to site plan review by the Planning Board.

TEMPORARY BUILDING PERMIT/MOBILE OR MANUFACTURED HOMES FOR FARMING PURPOSES

The Zoning Enforcement Officer may grant a temporary building permit for mobile/manufactured homes utilized for farming purposes to the owner of a farm in order to set up not more than two mobile/manufactured homes on his or her property to be occupied only by full-time farm workers employed by the owner and their families, provided that such mobile/manufactured homes are in compliance with the provisions of § 190-7 of this chapter, except for the provisions providing for minimum distances between mobile/manufactured homes, which shall not apply. Such a temporary permit shall be valid until January of the next year at which time the owner of the farm shall renew same. Such a permit is not transferable and becomes void if the ownership of the farm changes or if the occupancy of the mobile/manufactured home ceases. In either of such events, the mobile/manufactured home shall be removed from the premises within 90 days therefrom.

TEMPORARY RESIDENTIAL USE/HEALTH RELATED

A temporary permit for use of a mobile/manufactured home, modular unit or for the temporary conversion of a one-family detached dwelling for another family in a situation where, for health-related reasons it is necessary for a person related by blood, marriage or adoption to reside near the owner/resident of the parcel in question.

TOWNHOUSE

The townhouse is a single-family attached dwelling unit, with one dwelling unit from the ground to roof, having individual outside access.

VARIANCE

A modification of the regulations of this chapter, granted on grounds specified in Article X.

VEHICLE REPAIR SHOP

Premises or building, or portion thereof, arranged, intended, or designed to be used for making repair to vehicles, including repair and paint shop, used for adjustment, painting, replacement of parts or other repair of vehicles, or parts thereof, whether or not accessory or incidental to another use. No sales are permitted.

VOCATIONAL SCHOOL

An educational institution whose primary purpose is the teaching of a trade, profession or occupation.

WALL

A structure of wood, stone or other materials or combination thereof intended for defense, security, screening, or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.

WAREHOUSE

A building or part of a building including existing structures, such as barns, for storing of goods, wares, and merchandise. A public warehouse is used primarily for the storage of goods and materials and is available to the general public for a fee. Private warehouse is a building used for the storage of goods and materials for a particular commercial establishment.

WILDLIFE REHABILITATION

A person or entity certified under the applicable rules and regulations of the State of New York to care for and treat animals for purposes of rehabilitating them toward the goal that such animals may ultimately be returned to their natural environment.

WIRELESS TELECOMMUNICATIONS FACILITIES

Includes a "telecommunications tower" and "tower" and "telecommunications site" and "personal wireless facility." A structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes, without limit, towers of all types and kinds and structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other structure that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the Town's siting, building and permitting authority, excluding those used exclusively for the Town's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar noncommercial telecommunications.

YARD, FRONT

A space on the same lot with a building, situated between the nearest roofed portion of the main building or buildings and the rear lot line of the lot, and extending from side lot line to side lot line.

YARD, REAR

YARD, SIDE

A space on the same lot with a building, situated between the nearest roofed portion of the main building or buildings and the side lot line of the lot, and extending through from the front yard or from the front lot line where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.

ZONING ENFORCEMENT OFFICER

The person appointed to enforce the provisions of this chapter. The Zoning Enforcement Officer shall have all the powers of the Building Inspector as set forth herein.