All words used in the present tense include
the future tense; all words in the plural number include the singular
number, and all words in the singular number include the plural number,
unless the natural construction of the wording indicates otherwise.
Unless otherwise specified, all distances shall be measured horizontally.
The word "Town" means the Town of Pawling; the term "Board of Appeals"
means the Zoning Board of Appeals of said Town; the term "Planning
Board" means the Town of Pawling Planning Board; the term "Town Plan"
means the plan adopted by the Town Planning Board pursuant to § 272-a
of the Town Law; and the word "shall" is mandatory and not directory.
[Amended 2-13-1979; 5-11-1982]
For the purpose of this chapter, the terms used
herein are defined as follows:
See § 215-43, Swimming pools.
[Added 8-9-1994 by L.L. No. 1-1994]
A dwelling accessory to and separate from the principal use
on a lot, which may be contained in the same building.
[Added 7-11-2012 by L.L. No. 2-2012]
A use other than a principal or special use but generally
a secondary use related to or associated with a principal use or special
use.
An acre shall constitute an area of 43,560 square feet.
A New York State Agricultural District as defined in Article
25-AA of the New York State Agriculture and Markets Law.
[Added 5-12-2021 by L.L. No. 1-2021]
Includes all practices necessary for the on-farm production,
preparation and marketing of agricultural products.
[Added 5-12-2021 by L.L. No. 1-2021]
Any strip or plot of ground upon which aircraft regulated
by the Federal Aviation Administration may land or take off from and
maintained for this purpose.
As applied to a building, a change or rearrangement in the
structural parts or in the exit facilities or an enlargement, whether
or by increasing or decreasing floor area, by increasing or decreasing
in height or the moving from one location or position to another.[1]
Total of areas taken on a horizontal plane at the main grade
level of principal buildings and all accessory buildings, exclusive
of uncovered porches, decks, parapets, steps and terraces.[2]
A street which serves or is designed to be used primarily
for the connecting of different parts of the Town and usually carries
a high volume of traffic and which is so designed on the Town Official
Map.
A residential facility that is staffed 24 hours per day that
provides primarily nonmedical resident services to persons in need
of personal assistance essential for sustaining the activities of
daily living, such as bathing, walking, eating and taking medications.
These facilities may provide other services such as recreational activities
and transportation.
[Added 8-10-2016 by L.L. No. 1-2016]
That portion of a building wholly or partially underground
which extends no more than four feet above the adjoining finished
grade.
A dwelling in which overnight accommodations and breakfast
are provided for transient guests for compensation.[3]
[Added 7-11-2012 by L.L. No. 2-2012]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or property.
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
A building of any size surrounded by open space on the same
lot as the principal building.
Any outer surface of a building that is visible from any
private or public street or highway or parking area that is available
to the public.
Area of the ground covered by a building, including the foundation
and all areas enclosed by exterior walls and footings and covered
by roofing.
[Added 7-11-2012 by L.L. No. 2-2012]
The line of the face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or open, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The least horizontal distance between the furthermost walls
of a building, measured along or parallel to the axis of its greatest
dimension.
A building in which is conducted the main or principal use
of the lot on which said building is situated. Each "principal building,"
along with its accessory buildings, shall be situated on a separate
lot.
A line indicating the minimum horizontal distance permitted
between the outside line of the main building or any enclosed projection
thereof and the lot line or street right-of-way line.
Any building intended for temporary occupancy or use in connection
with the construction or operation of a permitted use. A temporary
occupancy shall be a period not to exceed one year.
Any bulletin board or kiosk upon which temporary notices
of events of interest to the community are posted.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
Type 1. Any area of land or water on which are
located two or more bungalows, cabins, tents, shelters or other accommodations
of a design or character suitable for seasonal or other more or less
temporary living purposes, but not including trailers, regardless
of whether such structure or other accommodations actually are occupied
seasonally or otherwise.
Any land, including any building thereon, used
for any assembly of persons for what is commonly known as "day camp"
purposes, and any of the Type 1 establishments, whether or not conducted
for profit and whether or not occupied by adults or by children, either
as individuals, families or groups.
A vehicle resembling an automobile and trailer combination,
designed to serve as a dwelling and used for camping or long motor
trips. A portable shelter resembling the top part of a trailer, made
to be mounted on a pickup truck to form such a vehicle.
[Added 8-9-1994 by L.L. No. 1-1994]
See "basement."
A line midway between and parallel to the edges of pavement
or road property lines or as otherwise identified by the Planning
Board.
A traveling show of acrobats, clowns, trained animals, etc.,
often performing under a tent.
[Added 8-9-1994 by L.L. No. 1-1994]
Soil or earth free of all deleterious and/or organic matter
and shall be composed of no more than 10% by volume of stone, rocks
or boulders with their maximum size measuring no more than 12 inches
in either length or diameter. It shall not include: (1) construction
or demolition debris; (2) putrescible materials; (3) slag; (4) dredgings
from waterways or water bodies; (5) more than 50% clay by weight.
[Added 2-8-2005 by L.L. No. 1-2005]
A structure designed for the practice of dentistry in which
nonresident patients are treated.
A structure designed for the practice of medicine in which
nonresident patients are treated.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational, social or athletic
purposes, which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except required generally for the membership and purpose
of such club.
The addition of communications equipment to any existing
or approved communications tower or tall structure by any persons,
corporations, firms, associations or entities.
[Added 9-14-1999 by L.L. No. 2-1999]
The removal of natural products, for example, sand, gravel,
dirt fill, topsoil or other such material, for remuneration of any
sort.
A commercial establishment, in which motor vehicles are repaired,
serviced. Such establishment may or may not be part of a gasoline
filling station/convenience store.
[Added 4-8-2015 by L.L. No. 1-2015]
Any place at which there are kept four or more dogs or cats
more than four months of age or any number of dogs or cats that are
kept for the primary purpose of sale or for the boarding care or breeding
of which a fee is charged.
[Amended 6-9-1998 by L.L. No. 2-1998]
Any trailer commonly used for transportation, storage, display,
office, equipment, sales, etc.
Those areas intended for use or enjoyment by all residents,
including roads, driveways, parking areas, walkways, landscaped areas,
open space and recreation areas.
That type of construction as defined by the New York State
Uniform Fire Prevention and Building Code in which the walls, partitions,
columns, floors and roof are noncombustible with sufficient fire resistance
to withstand the effects of a fire and prevent its spread from story
to story.
Any establishment where three or more persons suffering from
or afflicted with or convalescing from any infirmity, disease or ailment
are habitually kept or boarded or housed for remuneration, other than
municipal or incorporated hospitals and establishments, licensed by
the State Commissioner of Mental Hygiene, and maternity homes licensed
by the State Commissioner of Health.
An unoccupied open space, other than a yard. An outer "court"
is one that extends to the street or to the front or rear yard; an
inner "court" is any other "court."
That percentage of the plot or lot area covered by the combined
area of all buildings or structures on the lot.[4]
A structure providing housing with no kitchen facilities
with a minimum of 20 rooms and a maximum of 30 rooms utilizing single
and/or double occupancy.
[Added 5-14-1985 by L.L. No. 3-1985]
Land situated on a lot used or intended to be used to provide
access by vehicular traffic.
A lot or land or part thereof used primarily for the disposal,
by abandonment, burial, burning or any other means and for whatever
purpose, of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof or waste material of any kind.
Solid particulate matter capable of being air-, gas- or waterborne.[5]
A building containing any combination of two, three, four,
five or six one- or two-family dwelling units, separated by a party
wall but never exceeding eight dwelling units or 16 bedrooms.
[Added 2-14-1984]
A dwelling or group of dwellings containing separate dwelling units for three or more families but which may have joint services or facilities, or both. Section 215-32 should be read in connection herewith.
[Amended 7-14-1987 by L.L. No. 3-1987; 7-11-2012 by L.L. No.
2-2012]
A building containing one dwelling unit only.
A dwelling accommodating or designed to accommodate a single
family in a single dwelling unit, the walls on two sides of which
may be in common with the walls of adjoining dwellings and are party
or lot line walls.
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
A building containing two dwelling units.
A building designed or used exclusively as living quarters
for one or more families containing a minimum of 700 square feet of
habitable floor area above grade. The term shall not be deemed to
include an automobile court, motel, boarding- or rooming house, mobile
home trailer, tourist home or tent.
[Amended 7-14-1987 by L.L. No. 3-1987; 7-11-2012 by L.L. No.
2-2012]
Any premises wherein food or beverages are sold at retail
to patrons for consumption at tables and/or counters located inside
a building or on the premises outside the building and/or where food
and/or beverages are prepared and served in or on disposable containers,
for the purpose of consuming such food and/or beverage outside the
building, whether on the building premises or otherwise. The latter
part of this definition is intended to include those types of "eating
and/or drinking establishments" commonly known as "open-front restaurants,"
"fast-food restaurants," "curb and/or counter service restaurants"
and "take-out restaurants."
Any nonpublic school or other organization or institution
conducting a regular, scheduled curriculum of study similar to that
of the public schools and operated by nonstock corporations under
the Education Law of New York State.
The individual or firm employed by the Pawling Town Board
who is charged with reviewing, evaluating and advising the Town on
environmental issues.
[Added 8-9-1994 by L.L. No. 1-1994]
One or more persons occupying a dwelling unit and living
as a single housekeeping unit in a domestic bond.
A "farm operation" as such term is defined in the Agricultural
and Markets Law § 301(11), as may be amended from time,
including, without limitation, livestock, dairy, poultry, fur-bearing
animals, aquaculture, fruit, vegetable and field crop farms, plantations,
orchards, nurseries, greenhouses or other similar operations.
[Added 5-12-2021 by L.L. No. 1-2021]
The use of a parcel of land, either as a principal or accessory
use, for the purpose of producing agricultural, horticultural, floricultural,
vegetable and fruit products of the soil, livestock and meats, poultry,
eggs, dairy products, nuts, honey, wool and hides for profit. A garden
accessory to a residential use shall not be deemed a "farm" or "farm
use." A "customary farm occupation" shall be the conducting of usual
farm activities and shall include the processing and retail sale of
the products of the farm and those products as part of a “farm
operation,” as such term is defined in the Agricultural and
Markets Law § 301(11), as same may be amended from time
to time, including a "roadside stand" as defined in this chapter.
Farm equipment and materials shall not be stored in required yards,
except for those farm uses and customary farm occupations within an
agricultural district.
[Amended 5-12-2021 by L.L. No. 1-2021]
The keeping, grazing, feeding and care of animals other than
household pets and the production of crops for personal use. These
requirements shall not apply to a farm use/customary farm occupation
within an agricultural district.
[Added 5-12-2021 by L.L. No. 1-2021]
The minimum lot size shall be one grazing acre for each large
animal, including horses, ponies, cattle or other similar sized animals
which are kept, grazed, fed and cared for on the property.
The minimum lot size shall be one grazing acre for every four
(4) sheep, goats, pigs or other similar sized animals which are kept,
grazed, fed and cared for on the property.
The minimum lot size for keeping, grazing, feeding and caring
for small animals shall be one acre. No more than 30 small animals
per acre may be kept, grazed, fed or cared for. Small animals include
poultry, rabbits and other similarly sized animals.
Adequate fencing must be installed and maintained to contain
the livestock within the property.
Permanent housing, three or four sided, shall be provided for
all animals that require permanent housing based on current best standards
and practices for proper care and welfare of animals. There shall
be no storage of supplies for livestock outside of permanent buildings.
The minimum floor space for animal housing and storage shall conform
to the current best standards and practices for proper care and welfare
of animals. The Planning Department may be contacted for a list of
organizations that may provide guidance on the best standards and
practices.
The owner must demonstrate to the Town that adequate open space
and facilities, used for the proper care of such animals, are available
and that the maintenance of such animals will not interfere with the
reasonable use and enjoyment of the property of others.
Manure shall be stored in an environmentally safe area. The
manure storage area shall be screened so that it will not be unsightly.
It shall be unlawful for any owner of livestock in the Town
of Pawling to allow such livestock to constitute a nuisance to any
other person.
Any map or plat filed in the County Clerk's office of Dutchess
County.
[Amended 8-9-1994 by L.L. No. 1-1994]
A temporary increase in stream flow or stage that results
in water inundating areas adjacent or near to the usual channel.
The channel of a watercourse and its adjacent areas subject
to inundation by the one-hundred-year recurrence interval flood.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior walls or from
the center line of walls separating two buildings.
In particular, the "floor area" of a building
or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural
headroom of seven feet or more.
Penthouse.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of seven feet or more.
Interior balconies and mezzanines.
Accessory uses, not including space for accessory
off-street parking.
However, the "floor area" of a building shall
not include:
Cellar space, except that cellar space used
for retailing shall be included for the purpose of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
Floor space used for mechanical equipment, with
structural headroom of less than seven feet.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet.
Uncovered steps.
Terraces, breezeways and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths of up to
200% of the amounts required.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
The extent of land along a street as defined in this § 215-3.
A place of business where human bodies are prepared for burial
and ceremonies may be held in connection with the burial of the dead.
Cremation is not permitted.
[Added 8-9-1994 by L.L. No. 1-1994]
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 for more than one car if leased
to a nonresident of the premises).
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting and equipping of automobiles
or other motor vehicles.
Commercial garages and a gas station with commercial stores
located on the premises for the sale of petroleum products, gas, diesel
and any other products associated with the vehicle industry are with
the retail of usual allowed convenience store items, such as food
staples and household items, over the counter. Only over-the-counter
service is allowed.
[Added 4-8-2015 by L.L. No. 1-2015]
Any area of land, including structures thereon, that is used
for the sale of gasoline and/or the sale of any other motor vehicle
fuel and oil and other lubricating substances, including any sale
of motor vehicle accessories, and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
not including auto body repair work or the refinishing thereof by
any means.
The elevation of the center line of the streets as officially
established by the municipal, county or state highway authorities.
The "finished grade" at any point along the wall of a building
is the elevation of the completed surfaces of lawns, walks and roads
adjoining the wall at that point.[6]
An accessory use of a service character customarily conducted within a dwelling by the resident owners thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have an exterior evidence of such secondary use other than that permitted in the sign regulations (§ 215-40); and, in connection therewith, there is not involved the keeping of a stock-in-trade. No more than one person not living within the dwelling shall be employed in the home occupation. The office of a physician, surgeon, dentist, architect, professional engineer, attorney or other professional person who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods shall be deemed to be home occupations. Dancing instruction, band instrument instruction in groups, tearooms, tourist homes, beauty parlors, real estate offices, convalescent homes, mortuary establishments, animal grooming and boarding, insurance offices, catering service, pottery and ceramics, clinics, barbershops, hospitals and stores, trades or business of any kind not herein excepted shall not be deemed to be home occupations. This list is for example only and is not intended to permit any non-home occupation not listed.
[Added 12-15-1987 by L.L. No. 5-1987; amended 2-8-2005 by L.L. No. 1-2005]
An organization of homeowners residing within a particular
development whose major purpose is to preserve, maintain and provide
community areas, facilities and services for the common enjoyment
of the residents.
Includes a licensed sanitarium, sanatorium, preventorium,
clinic, rest home, nursing home, convalescent home and any other place
for the diagnosis, treatment or other care of ailments, and shall
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building.
See § 215-43, Swimming pools.
[Added 8-9-1994 by L.L. No. 1-1994]
The use of more than 200 square feet of the area of any lot, outside a building, or the use of any portion of any lot in front of a dwelling or within 100 feet of any road for the storage, keeping or abandonment of junk or scrap materials or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. (See § 215-13B, Storage of unused motor vehicles.)
The total area of a lot or site measured in acres or square
feet.
[Added 8-10-2016 by L.L. No. 1-2016]
The area of a lot or site remaining after any deductions
are made in accordance with the provisions of this chapter.
[Added 8-10-2016 by L.L. No. 1-2016]
That portion of land which does not meet the criteria of
topography, area, conformation and/or environmental conditions as
set forth in this chapter.
A building or group of buildings which include transient
living and sleeping accommodations for rent for 10 or more persons,
which is open for year-round occupancy, and rooms and other facilities
for meetings, events and dining. A lodging and conference-event center
may also include offices and facilities for business, recreational
and leisure activities.
[Added 7-11-2012 by L.L. No. 2-2012]
A parcel of land, not divided by streets, devoted or to be
devoted to a particular use or occupied or to be occupied by a building
and its accessory buildings, together with such open space as are
required under the provisions of this chapter, and having its principal
frontage on a street or on such other means of access as may be deemed
in accordance with the provisions of law to be adequate as a condition
of the issuance of a building permit for a building or buildings on
such land.
The total area within the property lines, excluding external
roads. The property line adjacent to the road, for the purpose of
this chapter, shall be deemed to be not less than 25 feet from the
center line of a minor road, nor less than 30 feet from the center
line of a collector road, nor less than 40 feet from the center line
of a major road, nor less than 60 feet from the center line of an
arterial highway. To calculate the lot area, not more than 10% of
the minimum area required by the Town Code may be comprised of land
which is under water or subject to periodic flooding.
[Amended 2-8-2005 by L.L. No. 1-2005]
A lot fronting on two or more streets; one street shall be
designated as a front street and shall comply with the front yard
depth requirement on that street, as provided in this chapter; the
remaining street exposure shall be designated as a side yard, and
the minimum open space requirements for side yards shall prevail as
designated in this chapter. Ingress or egress may be from either street.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
A lot or parcel of land which has a form or shape that does
not conform to the criteria of this chapter.
In the case of a lot abutting upon only one street, the line
separating the lot from the street; in the case of any other lot,
the owner shall, for the purpose of this chapter, have the privilege
of electing any street lot line as the "front lot line."
The lot line which is generally opposite the front lot line
is less than 10 feet in length; or, if the lot comes to a point at
the rear, the "rear lot line" shall be deemed to be a line parallel
to the front line not less than 10 feet long, lying wholly within
the lot and farthest from the front lot line.
The mean width measured at right angles to its depth.
The making, processing or storage of products, materials
and equipment.
A map as may be adopted by the Town Board showing roads,
highways and parks already laid out, adopted and established by law.
Drainage systems may also be shown on this map.
A building or group of buildings, whether detached or in
connecting units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "motel" includes buildings
designated as tourist courts, motor lodges, auto courts and by similar
appellations.
The replacing, repairing or refinishing of motor vehicle
body parts for all classes of vehicles.
A cohesively planned development in accordance with an integrated
site and architectural plan consisting of two or more commercial,
service, retail or other permitted or specially permitted uses within
a zoning district which permits multiple-use centers.
[Added 7-11-2012 by L.L. No. 2-2012]
A building, structure or use of land existing at the time
of enactment of this chapter and which does not conform to the regulations
of the district or zone in which it is situated.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Land left in its natural state for conservation purposes
or landscaped for scenic purposes or devoted to recreation or used
for the preservation of distinctive architectural, historic, geologic
and botanical sites, not including streets, yards, parking space or
any land devoted or accessory to any permitted use.
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto.
The area required for parking one motor vehicle and complying with the requirements specified in § 215-34 of this chapter.
Any finely divided liquid or solid matter, including smoke,
capable of being air-, gas- or waterborne.
A roofed structure projecting out from the wall or walls
of a main structure and which may be open to the weather.
See § 215-43, Swimming pools.
[Added 8-9-1994 by L.L. No. 1-1994]
See § 215-43, Swimming pools.
[Added 8-9-1994 by L.L. No. 1-1994]
A utility service provided by a public agency or a specifically
franchised local operation to supply electric, gas, water or telephone
service; included are such utilities as electric unit substations,
municipal pump stations and water towers, municipal garages, firehouses,
telephone substations, cable television structures and any other service
subject to regulation by the Public Service Commission and/or the
Federal Communications Commission.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for the appropriate permits has
been made.
A business enterprise engaged in serving and preparing food
and beverages, selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress and consumed on the premises.
Alcoholic beverages may also be sold for consumption on the premises.
Any establishment where horsemanship instruction is given
and/or where horse training is done and/or where horses are kept for
riding, driving or boarding for compensation.
A chart for determining the density of smoke and which is
issued by the Federal Bureau of Mines.
A kindergarten, primary or secondary school or institution
of higher learning not operated by a public school district but furnishing
a comprehensive curriculum of academic instruction similar to that
of a public school.
An educational institution operated by a public school district
under the laws of the State of New York.[7]
A residential facility containing single-family, two-family,
and multifamily dwellings designed for and occupied by persons 55
years and older as their principal residence. Such facilities may
include social and recreational amenities, but not meal or health-care
services.
[Added 8-10-2016 by L.L. No. 1-2016]
A dwelling unit that is rented, in whole or part, to any
person or entity for a period of less than 30 consecutive nights,
and is not regulated by any other section of the Code of the Town
of Pawling. "Rental" means an agreement granting use or possession
of a residence, in whole or in part, to a person or group in exchange
for consideration valued in money, goods, labor, credits, or other
valuable consideration. Use of short-term rental by a record owner
of a property shall not be considered a rental under this section.
[Added 2-12-2020 by L.L. No. 1-2020]
Any structure or part thereof attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, insignia, device or representation used as or which is in the nature of an announcement, direction of advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Signs are allowed only as specifically permitted by § 215-40.
Any sign not located on the lot or building containing the
business, person or activity referred to by the sign, except vehicles
advertising the business in which the vehicle is used. Billboards
and like signs shall be included.
Any sign used to announce that the location on which the
sign is displayed is used for a professional office, home occupation,
religious, charitable or other institutional or commercial purpose.
Any sign used to advertise the use of the location on which
it is displayed for the sale of goods and/or the performance of services.
Such signs shall advertise only the name and telephone number of the
owner, trade names, products sold and/or the business activity conducted
on the premises where the sign is located.
Any sign, shield or plaque used as a symbol or indicating
the existence or meeting time or place of community, religious or
fraternal organizations, including but not limited to Lions, Rotary,
Jaycees, etc.
A sign used to direct individuals or the public to specific
uses, areas or places for their own safety or convenience on the premises
of the business or activity where the sign is located, "Directional
sign" does not include billboards or directions to commercial premises
or activities.
The flat or sometimes curved surface of a sign upon which
the devices and communicative symbols of the sign are displayed. A
cylindrical or spherical sign has one continuous face.
Any sign not depending for its main support upon a building.
Any sign having its face parallel to but within 15 inches of a building
wall, which wall extends beyond the maximum horizontal dimensions
of the sign, shall not be considered freestanding. A double-face sign
is considered one sign.
Any sign illuminated by electricity, gas or other artificial
light, including phosphorescent or reflected light.
Every sign that, after the adoption of this chapter, does
not conform to the standards specified herein for the zone in which
it is located or the land or building upon which it is displayed shall
be deemed a "nonconforming sign."
A sign extending above the roofline (above coping, eave or
cornice) of a building.
The area which results by multiplying the outside dimensions
of a sign, not including the vertical, horizontal or diagonal support
which may affix the sign to the ground or to a structure or building.
Any sign attached to or painted upon the wall of a building.
A sign maintained in or painted upon a window which is clearly
visible from an out-of-doors position.
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
An instrument, standardized by the American Standards Association,
used for the measurement of the intensity of sound and calibrated
in decibels.
An accessory building or portion of a main building in which
horses are kept, whether for hire, remuneration or sale.
[Added 2-8-2005 by L.L. No. 1-2005]
An accessory building or portion of a main building in which
horses are kept for use and not for hire, remuneration or sale.
[Amended 2-8-2005 by L.L. No. 1-2005]
Any building or structure, with or without walls or roof,
used to display and store produce and other farm products intended
to be sold at retail to the public.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and ceiling
next above it. A basement shall be counted as a story if the ceiling
is more than 7 1/2 feet above the level from which the height
of the building is measured or if it is used for business purposes
or for dwelling purposes by other than a janitor or watchman.
[Amended 2-8-2005 by L.L. No. 1-2005]
A story under a gable, hip or gambrel roof, the wall plates
of which, on at least two opposite exterior walls, are not more than
two feet above the floor of such a story.
A way which is an existing state, county or Town highway,
or a way shown upon a subdivision plat approved by the Town Planning
Board, as provided by law, or on a plat duly filed and recorded in
the office of the County Clerk.
A street which carries traffic from minor streets or abutting
properties to the major system of arterial streets and which is so
designated on the Town Official Map. Such streets shall be principal
entrance and circulation streets within a development.
A street intended to serve primarily as an access to abutting
residential properties.
Anything constructed or erected, the use of which requires
location on or under the ground, or an attachment to something having
location on the ground.
See § 215-43, Swimming pools.
[Added 8-9-1994 by L.L. No. 1-1994]
A structure which complies with the requirements of this
chapter and is of sufficient height to be used as a communications
tower. Such structures include but are not limited to water towers,
multistory buildings, church steeples and farm silos.
[Added 9-14-1999 by L.L. No. 2-1999]
Any structures, buildings, sheds, huts, equipment enclosures,
emergency generators, emergency generator buildings and other such
structures used in support of or as an ancillary use to a telecommunications
tower.
Any structure owned or operated for commercial purposes,
which is capable of receiving and/or transmitting signals for the
purpose of communication.[8]
The individual or firm employed by the Town of Pawling as
Town Engineer.
[Added 8-9-1994 by L.L. No. 1-1994]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Any natural or artificial, permanent or intermittent, public
or private water body or water segment, such as ponds, lakes, reservoirs,
rivers, streams, brooks, waterways, or natural drainage swales, that
is contained within, flows through or borders on the Town of Pawling.
[Added 8-9-1994 by L.L. No. 1-1994]
An area restricted primarily to the raising and management
of game for the purposes of sport. Game and/or hunting and/or fishing
rights are sold for commercial gain.
An area restricted for the protection, preservation and management
of wildlife and natural resources.
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as may be specifically authorized in
this chapter. In measuring a "yard," as hereinafter provided, the
line of a building shall be deemed to mean a line parallel to the
nearest lot line, drawn from a point of a building or the point of
a group of buildings nearest to such lot line, and measurement shall
be taken at right angles from the line of the building, as defined
herein, to the nearest lot line.[9]
An open, unoccupied space on the same lot with a building,
between the front line of the building and front line of the lot and
extending the full width of the lot. For the purpose of determining
the minimum "front yard" depth required by this chapter, the front
line of the lot shall be taken as the road right-of-way line adjacent
to the lot, provided that the front line of the lot shall be deemed
to be not less than 25 feet from the center line of a minor road nor
less than 30 feet from the center line of a collector road nor less
than 40 feet from the center line of a major road nor less than 60
feet from the center line of an arterial highway.
An open, unoccupied space on the same lot with a building,
between the rear line of the building and rear line of the lot extending
the full width of the lot.
The minimum setback measured from a front, side or rear property
line.
The incidental, temporary use of a residential property for
the sale of used household and/or personal articles.
An open, unoccupied space on the same lot with a building,
situated 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 front line shall be deemed a side line.
[1]
Editor's Note: The former definition of "animal husbandry,"
which immediately followed this definition, was repealed 5-12-2021
by L.L. No. 1-2021.
[2]
Editor’s Note: The former definition of “area,
land,” which immediately followed this definition, was repealed
8-10-2016 by L.L. No. 1-2016.
[3]
Editor's Note: The former definition of "Boardinghouse," which
immediately followed, was repealed 2-12-2020 by L.L. No. 1-2020.
[4]
Editor’s Note: The former definition of "customary home
occupation," which immediately followed this definition, was repealed
12-15-1987 by L.L. No. 5-1987. See now the definition of "home occupation"
in this chapter.
[5]
Editor’s Note: The former definition of "dwelling,"
which immediately followed this definition, was repealed 7-14-1987
by L.L. No 3-1987.
[6]
Editor's Note: The former definition of "guest
cottage," which immediately followed this definition, was repealed
8-9-1994 by L.L. No. 1-1994.
[7]
Editor's Note: The former definition of "shopping center,"
as amended 5-8-2001 by L.L. No. 2-2001, which immediately followed
this definition, was repealed 7-11-2012 by L.L. No. 2-2012.
[8]
Editor's Note: The former definition of "Tourist home," which
immediately followed, was repealed 2-12-2020 by L.L. No. 1-2020.
[9]
Editor's Note: For further information on
this topic, see the diagram entitled "Measuring a Yard" at the end
of this chapter.
