All words used in the present tense include the future tense; all words in the singular number include the plural number and vice versa; the word "person" includes corporations and all other legal entities; the words "lot," "plot," "parcel," "tract of land" and "premises" shall one include the other; the word "premises" shall include land and buildings thereon; the word "building" shall include "structure" and vice versa; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied," unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not directory. Unless otherwise specified, all distances shall be measured horizontally. The word "City" means the City of Beacon; the term "City Council" means the City Council of said City; the term "City Clerk" means the City Clerk of said City; the term "Building Inspector" means the Commissioner of Public Safety of said City or his designated agent; the term "Board of Appeals" means the Zoning Board of Appeals of said City; the term "City Development Plan" means the plan adopted by the Planning Board pursuant to § 28-a of Article 3 of the General City Law (Chapter 21 of the Consolidated Laws) of New York State.
For the purposes of this chapter, certain words
and terms used herein are defined as follows:
A small rental housing unit, subject to the conditions in § 223-24.1, allowed on single-family properties in residential districts and designed to meet the special housing needs of single persons, couples, other small households, the young, the elderly, persons of low and moderate income, or property owner relatives.
[Added 6-15-2020 by L.L. No. 7-2020]
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
[Added 8-7-2018 by L.L.
No. 13-2018]
To change, enlarge or rearrange the structural parts or the
exit facilities of a structure or to move a building from one location
or position to another.
Any place in which there are maintained or operated for the
patronage or recreation of the public three or more coin-, token-
or otherwise controlled amusement devices of any description, including
but not necessarily limited to the types commonly known as video,
gaming, pinball, baseball and football amusement games, where the
use of such devices is a primary use of the premises.
[Added 3-21-1994 by L.L. No. 3-1994; 8-7-2018 by L.L. No.
13-2018]
A coin-, token- or otherwise controlled machine intended
for the entertainment of the customer, the use of which results in
video, electronic or mechanical displays or operation.
[Added 3-21-1994 by L.L. No. 3-1994]
A facility used to temporarily house or give health care to domesticated household animals, such as cats and dogs, which is devoted to the welfare, protection, and humane treatment of animals. An animal care facility may or may not contain outdoor exercise areas or boarding kennels, as determined in the special permit review process under §223-18.
[Added 6-15-2020 by L.L. No. 7-2020]
A system of electrical conductors that transmits or receives
electromagnetic waves or radio frequencies signals. Such waves shall
include but not be limited to radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002; 8-7-2018 by L.L. No. 13-2018]
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and when collocated on a structure, is mounted
or installed at the same time as such antenna.
[Added 2-19-2019 by L.L.
No. 2-2019]
The total area of a lot covered by all buildings thereon,
both principal and accessory, measured by the exterior dimensions
of such buildings, but not including uncovered porches, steps and
terraces.
The land in the floodplain within a community, subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1 to A99, V, VO, VE
or V1 to V30. It is also commonly known as the "base floodplain" or
"one-hundred-year floodplain."
[Added 10-21-1991 by L.L. No. 12-1991]
A space in which works of art are bought, sold, loaned, appraised
and/or exhibited to the general public.
[Added 5-2-2005 by L.L. No. 2-2005]
A single residential unit, which unit is designed for and
occupied as a combination of living, artist studio and artist work
space, with or without retail space for art work, for year-round residence
by not more than two persons who are at least 18 years of age, of
which at least one of whom is an artist in residence, and by not more
than two children of said persons who are under 22 years of age.
[Added 8-6-2001 by L.L. No. 12-2001]
The working and/or teaching space for one or more painters, print makers, photographers, jewelry makers, sculptors or artisans working with paper, ceramics, clay and/or other fine art or craft materials, persons working in the graphic or computer arts, or performing artists such as musicians, dancers or theater artists. Tattoo appliers, body piercers and similar businesses shall not be considered artists for the purposes of this definition. An artist studio as an accessory use is considered a home occupation, subject to § 223-17.1. See also “home occupation.”
[Added 6-16-2003 by L.L. No. 6-2003; amended 2-19-2013 by L.L. No.
3-2013; 6-15-2020 by L.L. No. 7-2020]
An establishment for the sale of goods or property to the
highest bidder.
[Added 6-15-2020 by L.L. No. 7-2020]
An establishment in which financial transactions are conducted
and may include professionals administering advice related to financial
matters.
[Added 6-15-2020 by L.L. No. 7-2020]
An establishment serving alcoholic and nonalcoholic beverages
for consumption on premises, and where food may be served as an accessory
use. The term "bar" includes the terms “barroom,” “wine
bar,” “tavern,” “pub and saloon.”
[Added 5-2-2005 by L.L. No. 2-2005]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
[Added 10-21-1991 by L.L. No. 12-1991]
That portion of a building wholly or partly below grade plane.
The word "basement" includes the word "cellar." A basement shall be
counted as a "story above grade plane" as defined in the International
Residential Code.
[Amended 12-5-2016 by L.L. No. 15-2016]
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The term does not encompass
a tower as defined in this section or any equipment associated with
a tower.
[Added 8-7-2018 by L.L.
No. 13-2018]
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiberoptic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the City of Beacon pursuant to this section, supports or houses equipment described in Subsections A through B of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
A detached one-family dwelling unit that also contains guest
rooms, where short-term lodging with food and drink is provided for
compensation, and where the owner resides on the same parcel. Seating
for food and beverage service shall be limited to the maximum occupancy
of the bed-and-breakfast establishment. The lodging provided shall
be for periods of less than two weeks in duration. The maximum number
of guest bedrooms at a bed-and-breakfast establishment shall be six,
except that the approval authority may, at its discretion, allow additional
guest bedrooms up to a maximum of 10.
[Added 3-18-2002 by L.L. No. 9-2002; amended 2-19-2013 by L.L. No.
3-2013]
A new or rehabilitated housing unit which is restricted as
to sale or rent to remain affordable to a BMR unit eligible household,
as defined below. Said BMR rental unit must be the primary residence
of the household and shall not be sublet without the consent of the
City Council or its designee. BMR for-sale units must be the primary
residence of the household at the time of sale and shall at no time
be sublet without the consent of the City Council or its designee.
[Added 11-15-2010 by L.L.
No. 15-2010; amended 5-1-2017 by L.L. No. 6-2017]
[Added 11-15-2010 by L.L. No. 15-2010; amended 5-1-2017 by L.L. No.
6-2017]
Rental Units: A household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members of 21 years of age or younger who are full-time students), does not exceed 90% of the Dutchess County area median annual income for the actual size of the household [based on the United States Census and as updated by the Department of Housing and Urban Development (HUD)], and which household can afford the maximum rent specified in § 223-41.10F(1).
For-Sale Units: A household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members of 21 years of age or younger who are full-time students), does not exceed 110% of the Dutchess County area median annual income for the actual size of the household [based on the United States Census and as updated by the Department of Housing and Urban Development (HUD)], and which household can afford the maximum sales price as specified in § 223-41.10F(2). In addition, the net assets of the household at the time prior to purchase may not exceed 75% of the purchase price of the unit, except where such households rely, due to age or disability, on the assets in lieu of income. Evidence of disability shall be the receipt of Social Security Disability Insurance (SSDI) payments. In addition, the net assets of the household at the time prior to purchase may not exceed 75% of the purchase price of the unit, except where such households rely, due to age or disability, on the assets in lieu of income. Evidence of disability shall be the receipt of Social Security Disability Insurance (SSDI) payments.
All projects approved by the Planning Board prior to the effective
date of this definition may continue to set a monthly rent, including
utilities for BMR units, not to exceed 30% of 100% of the Dutchess
County area median annual income. A BMR unit eligible household for
projects approved by the Planning Board prior to the effective date
of this definition includes households whose aggregate gross annual
income, including the total of all current annual income of members
residing in the household from any source whatsoever at the time of
application (excluding the earnings of working household members of
21 years of age or younger who are full-time students) does not exceed
100% of the Dutchess County area median annual income for its household
size [based on the United States Census and as updated by the Department
of Housing and Urban Development (HUD)].
A dwelling occupied by one family with no more than two boarders,
roomers or lodgers in the same household, who are lodged with or without
meals, and in which there are provided such services as are incidental
to its use as a temporary residence for part of the occupants. The
term "boardinghouse" shall include "rooming house" for the purposes
of this chapter.
A bar or restaurant, as defined herein, that includes as
an accessory use the brewing of malt beverages for consumption on
premises. The area used for brewing, including bottling and kegging,
shall not exceed 30% of the gross floor area of the commercial space
and shall not produce more than 2,000 barrels of beverage per year.
[Added 5-2-2005 by L.L. No. 2-2005;
amended 5-19-2014 by L.L. No. 8-2014]
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel. The word "building" shall not include "mobile home."
A building subordinate to the main building on the lot and
used for purposes customarily incidental to that of said main building.
The least horizontal distance between the furthermost walls
of a building, including any carport or porch.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The portion of the streetscape lying between the pedestrian
clearway and the front facade of a building, some of which may be
located in the public right-of-way and some of which may be located
on a lot.
[Added 2-19-2013 by L.L. No. 3-2013]
Any area of land or land and water, including any buildings,
shelters or other accommodations, which is used for day care or instruction
of adults or children and not qualifying as a school or day nursery
as defined in this chapter.
An organization catering exclusively to members and their
guests, or premises and buildings used for recreational, social or
athletic purposes, which organization, premises or buildings are not
conducted primarily for gain, provided that no merchandising or commercial
activities are conducted, except as required generally for the membership
of such club.
A retail food establishment whose primary business is the
sale of coffee and other nonalcoholic beverages, and where food service
such as the sale of baked or deli goods is secondary to the sale of
the beverages.
[Added 5-2-2005 by L.L. No. 2-2005]
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002; 8-7-2018 by L.L. No. 13-2018]
A recreational facility conducted entirely indoors for commercial
purposes, with or without seating for spectators, and providing for
one or more individual, organized or franchised sports or pastimes,
including amusement centers and facilities for baseball, basketball,
soccer, volleyball, racquet sports, handball, bowling, roller and
ice skating, miniature golf, skateboarding, gymnastics, swimming,
billiards, paintball, laser tag, and other similar sports or pastimes.
This use may include accessory uses such as a snack bar, café
or restaurant, the retail sale of related sports and pastime items,
and other support facilities.
[Added 7-21-2014 by L.L. No. 11-2014]
A building or part thereof devoted to the showing of live
theatrical, musical, dance, or other performances.
[Added 6-15-2020 by L.L. No. 7-2020]
A facility used for business meetings, cultural, educational,
or professional programs, conferences, retreats, and seminars, which
may have accommodations for eating and recreation.
[Added 6-15-2020 by L.L. No. 7-2020]
A subdivision plat in which this chapter is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands or for other purposes prescribed in § 223-12J.
[Added 4-5-2004 by L.L. No. 6-2004]
A home for the aged, chronically ill or incurable persons
in which two or more persons, not related by blood or marriage, are
habitually kept, boarded and/or housed for remuneration, but not including
hospitals, sanatoriums or medical clinics.
An unoccupied open space, other than a yard, on the same
lot with a building, which open space is bounded on two or more sides
by the walls of such building.
The "height of a court" shall be measured from the level
of the window sills of the lowest story it is required to serve.
A court, with or without an entrance, that is enclosed on
all sides by exterior walls of a building or that could be so enclosed.
The horizontal dimension of a court at right angles to its
width.
A court enclosed on not more than three sides by exterior
walls, or that could be so enclosed, with one side or end open to
a street, yard, driveway or alley.
WIDTH OF AN OUTER COURTThe horizontal dimension which is substantially parallel to the principal open end of such court.
WIDTH OF AN INNER COURTIts least horizontal dimension.
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
Items resulting from work where useful or decorative objects
are not made by mass production. Examples of techniques used to make
crafts are basketry, wickerwork, batik, calligraphy, ceramics, sewing,
spinning, tapestry, weaving, crochet, knitting, macramé, needlepoint,
embroidery, quilting, decoupage, flower arranging, jewelry making,
pottery making and other similar techniques as determined by the approval
authority.
[Added 7-21-2014 by L.L. No. 10-2014]
A program or facility, which is not a residence, in which
child day care is provided to more than six children for more than
three hours but less than 24 hours per day per child for compensation
or otherwise, as certified under the laws of the State of New York.
[Added 6-15-2020 by L.L. No. 7-2020]
A unit of measurement of intensity of sound (the sound-pressure
level).
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
[Added 8-7-2018 by L.L.
No. 13-2018]
Solid particulate matter capable of being air- or gasborne.
A detached building designed or used exclusively as living
quarters for one or more families. The term shall not be deemed to
include "automobile court," motel," "boarding- or rooming house,"
"house trailer" or "tent."
[Amended 6-15-2020 by L.L. No. 6-2020]
A dwelling containing three or more dwelling units.
A dwelling containing one dwelling unit only, not to include
a house trailer or mobile home.
[Amended 6-15-2020 by L.L. No. 7-2020]
A dwelling containing two dwelling units only.
A building, or portion thereof, providing complete housekeeping
facilities for one family.
A dwelling unit having common floors or ceilings with two
or more other dwelling units.
A dwelling unit having common walls with two or more other
dwelling units. See also “townhouse.”
[Amended 6-15-2020 by L.L. No. 7-2020]
A dwelling unit having no common walls, floors or ceilings
with any other dwelling unit.
A dwelling unit which has a common wall with only one other
dwelling unit.
A housing unit that combines a single bedroom with one or
more other rooms and uses, such as living and dining rooms. A kitchenette
may be in a separate room or as a part of the larger multiple-use
room.
[Added 11-15-2010 by L.L. No. 15-2010]
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving: i) collocation of new transmission
equipment; ii) removal of transmission equipment; or iii) replacement
of transmission equipment.
[Added 8-7-2018 by L.L.
No. 13-2018]
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the City of Beacon.
[Added 8-7-2018 by L.L.
No. 13-2018]
The front wall of a building nearest to and facing the street
on which the lot fronts.
[Amended 6-15-2020 by L.L. No. 7-2020]
A group of related individuals or not more than three unrelated
individuals living and cooking together as a single housekeeping unit.
Land and on-farm buildings, equipment and practices which
contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise. For the
purposes of this chapter, a farm specifically excludes the display
of farm products for sale, on-site advertising, and the raising of
animals for fur-bearing purposes.
[Added 6-15-2020 by L.L. No. 7-2020]
A map, survey or plat filed in the County Clerk's office
of Dutchess County.
A temporary increase in stream flow or stage that results
in water inundating areas adjacent or near to the usual channel.
The highest level of flood that, on the average, is likely
to occur every 100 years or that which has a one-percent chance of
occurring in any year.
The channel of a watercourse and its adjacent areas subject
to inundation by the one-hundred-year recurrence interval flood.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Amended 10-21-1991 by L.L. No. 12-1991]
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior face of exterior
walls or from the center line of walls separating two buildings, and
excluding breezeway and garage areas and basement and attic floor
areas used only for accessory uses.
The quotient of the floor area of a building divided by its
lot area.
An establishment in which food products are prepared for
off-premises consumption, including processing, canning, baking, and
catering services. Food preparation business does not include butchering
or slaughtering.
[Added 2-19-2013 by L.L. No. 3-2013]
Area of the ground covered by a structure, including the
foundation and all areas enclosed by exterior walls and footings and
covered by roofing.
[Added 2-19-2013 by L.L. No. 3-2013]
The number of oscillations per second of a vibration.
The extent of a building or a lot along a street as defined
herein.
The front lot line separating an individual lot from the
street right-of-way.
[Added 2-19-2013 by L.L. No. 3-2013[1]]
The establishment of a funeral director or undertaker, which
may or may not include facilities for the conduct of funeral services.
An accessory building or part of a main building used only
for the permitted storage of motor vehicles for private use.
A building or part thereof used for the storage, care and
repair of motor vehicles for remuneration, with or without the sale
of motor fuels dispensed from pumps located within the garage building,
and any sale of motor vehicle accessories, or where motor vehicles
are kept for hire or sale.
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of motor vehicle accessories
and which may include facilities for lubricating, washing or otherwise
servicing motor vehicles, but not including bodywork, major repair
or painting thereof by any means.
The permanently established elevation of the center line
of a street in front of the midpoint of the lot.
At any point along the wall of a building, the elevation
of the completed surfaces of lawns, walks and roads adjoining the
wall at that point.
Any building or structure constructed mainly of glass and
used as a conservatory for the growing and protection of flowers and
plants and for the propagation and culture thereof.
Any room used for sleeping, cooking, eating or other living
purposes, but not including a cellar, attic, bathroom, lavatory, vestibule
or closet.
The vertical distance from the average established grade
in front of the lot or from the average natural grade at the building
line, whichever is higher, to the level of the highest point of the
roof, if the roof is flat, or to the mean level between the eaves
and the highest point of the roof, if the roof is of any other type.
When a lot fronts on two or more streets of different levels, the
lower street, or the average elevation of the lot with regard to the
abutting streets, may be taken as the base for measuring the height
of the building.
An accessory use of a character customarily conducted entirely within a dwelling by the residents thereof using only customary home and home-scale equipment, including but not limited to typewriters, computers, fax machines, small-scale photocopiers, scanners, small-scale printers, file cabinets, drafting equipment and postage meters, which use is clearly incidental and secondary to the use of the residence for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a small nameplate not over one square foot in area, and does not involve the keeping of stock-in-trade. Home offices and artist studios meeting the criteria above shall be considered home occupations. However, the conducting of a tattoo and/or body piercing parlor, clinic, hospital, barbershop, beauty parlor, photographer's salon, tearoom, short-term rental, real estate office, animal hospital, dancing instruction, band instrument instruction in groups, convalescent home, funeral home, stores of any kind or any similar use shall not be deemed to be a home occupation. Any instruction of a musical instrument shall be limited to one pupil at a time. Home occupations are regulated in accordance with § 223-17.1 of this chapter.
[Amended 10-15-2001 by L.L. No. 18-2001; 4-5-2004 by L.L. No. 5-2004; 6-15-2020 by L.L. No. 6-2020]
Home office of a properly certified physician; psychologist; physical, occupational or speech therapist; licensed social worker; dentist; lawyer; engineer; architect; accountant; teacher or other similar professional person, when conducted entirely within a dwelling by the residents thereof, at least one of whom is said professional person, provided that no more than two nonresident persons are employed therein, and where there is no external evidence of such office, except for a sign and off-street parking facilities as respectively permitted and required in this chapter. A home professional office shall be clearly incidental and secondary to the use of the residence for dwelling purposes and shall be regulated in accordance with the requirements of § 223-17.1 of this chapter. See also “home occupation.”
[Added 6-15-2020 by L.L. No. 7-2020]
Any place used as a garden for the open cultivation and growing
of trees, shrubs and other plants, including the replanting of said
plants grown at places other than the nursery.
[Amended 6-15-2020 by L.L. No. 7-2020]
A facility for the diagnosis, treatment or other care of
physical or mental human ailments, including accessory outpatient
treatment programs and clinics, and which may offer a variety of services
such as physical therapy, medication education, health screening and
referral rehabilitation programs, day treatment programs and private
doctors' offices. The term shall not include a rest home, nursing
home or convalescent home.
[Amended 12-16-1996 by L.L. No. 19-1996]
A building, or portion thereof, containing rooms occupied
primarily by transient guests, who are lodged with or without meals,
and in which there may be provided such services as are accessory
and incidental to the use thereof as a temporary residence, such as
dining, recreational facilities, public rooms and meeting rooms, and
gift shops. The term "hotel" shall not include bed-and-breakfast establishment,
boardinghouse, rooming house, short-term rental or single-room-occupancy
building for the purposes of this chapter.
[Amended 2-19-2013 by L.L. No. 3-2013; 6-17-2013 by L.L. No.
11-2013; 6-15-2020 by L.L. No. 6-2020]
See "mobile home."
Earthborne oscillations occurring in discrete pulses at or
less than 100 per minute.
A hotel containing no more than 10 guest rooms.
[Added 2-19-2013 by L.L. No. 3-2013]
A lot or lot and building, or parts thereof, used for the
collecting, dismantling, storage, salvaging or sale or wastepaper,
rags, scrap metal, materials, equipment, machinery or vehicles or
parts thereof.
A use or building in which the principal activity is the
keeping, raising, breeding or boarding of dogs or cats or other animals
which may be considered household pets. For the purpose of this chapter,
any such activity, excluding boarding, shall not be considered a "kennel"
where accessory to a principal residential use, provided that not
more than five animals exceeding five months of age are kept.
Any off-street space available for the loading or unloading of goods and complying with the requirements specified in § 223-26 of this chapter.
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
or buildings, together with such open spaces as are required under
the provisions of this chapter, and having its principal frontage
on a street as defined in this chapter.
The total horizontal area included within lot boundaries.
A lot located at the junction of and fronting on two or more
intersecting streets. Any other lot is an interior lot.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
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;
if the rear lot line is less than 10 feet in length or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be 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 property lines bounding a lot as defined herein.
The property line or lines extending from the front lot line
to the rear lot line.
The mean horizontal distance between the side lot lines,
measured at right angles to the lot depth.
[Amended 6-15-2020 by L.L. No. 7-2020]
A facility for the production, packaging and sampling of
malt beverages of alcoholic and/or nonalcoholic content for retail
or wholesale distribution, on or off the premises, which does not
produce more than 5,000 barrels of beverage per year.
[Added 5-2-2005 by L.L. No. 2-2005;
amended 5-19-2014 by L.L. No. 8-2014]
A facility for the production, packaging and sampling of
non-malt beverages of alcoholic content for retail or wholesale distribution,
on or off the premises, which does not produce more than 35,000 gallons
of beverage per year.
[Added 5-19-2014 by L.L. No. 8-2014]
Any vehicle or similar portable structure with or without
a foundation or wheels, jacks, skirtings, wood or masonry block supports,
designed or constructed to be towed, driven or otherwise transported
to its resting site and which is further designed to permit occupancy
for dwelling or sleeping purposes. The term "mobile home" shall also
include the terms "house trailer" and "trailer."
A tower which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connect appurtenances.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002; 8-7-2018 by L.L. No. 13-2018]
A building serving as a repository for a collection of natural,
scientific or literary curiosities, objects of interest or works of
art, and arranged, intended and designed to be used by members of
the public for viewing, with or without an admission charge, together
with customary accessory uses including, for example, retail sale
of goods to the public; caf food service; art, dance and music performances;
literary readings and showing of films.
[Added 5-2-2005 by L.L. No. 2-2005]
Non-ionizing electromagnetic radiation.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002]
A place, building or structure designed to provide care or
instruction for two or more children under six years of age and operated
on a regular basis.
See "nursery, day."
See "convalescent home, nursing home or rest home."
A means of dividing the range of sound frequencies into octaves,
in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association,
used in conjunction with a sound-level meter to take measurements
in specific octave bands.
A building or part thereof used primarily for the conduct
of business relating to administrative, clerical, financial, social
services, or consulting, as well as medical, dental, veterinarian,
and other professional or client services not related to retail sales.
[Added 6-15-2020 by L.L. No. 7-2020]
A map adopted by the City Council, showing streets, highways
and parks already laid out, adopted and established by law. Drainage
systems may also be shown on this map.
Has the same meaning as "Base flood".
[Added 10-21-1991 by L.L. No. 12-1991]
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto. In general, there
shall be an average of about 350 square feet of parking area per parking
space.
An off-street space available for the parking of one motor vehicle on a transient basis and complying with the requirements specified in § 223-26 of this chapter.
A multilevel structure for the parking of vehicles, conducted
as a business or to serve a business or district.
[Added 6-15-2020 by L.L. No. 7-2020]
Any finely divided liquid or solid matter, including smoke,
capable of being air- or gasborne.
A portion of the sidewalk consisting of unobstructed space
for pedestrian passage, lying between the building transition zone
and the street transition zone.
[Added 2-19-2013 by L.L. No. 3-2013]
The repair, care of, cleaning, maintenance or customizing
of personal property and rendering of services for such property and
persons, including but not limited to barber shops; beauty shops;
pet grooming establishments; laundering, cleaning and other garment
servicing establishments; tailors; dressmaking shops; shoe cleaning
or repair shops; eyeglass shops; and other similar places of business,
but not including medical offices.
[Added 2-19-2013 by L.L. No. 3-2013; amended 7-21-2014 by L.L. No.
11-2014]
A roofed-over structure, projecting out from the wall or
walls of a main structure and often open to the weather.
A subdivision which is either undeveloped or only partially
developed and contains an inadequate street system, lot arrangement
or other similar design deficiency that would preclude or make impractical
its full and proper future development in accordance with current
development standards.
A road which is privately owned and maintained.
[Added 6-20-2005 by L.L. No. 4-2005]
Persons, firms or corporations supplying gas, electricity,
water, power, transportation, television, cable or telephone service
to the general public, including wireless telecommunication services
facilities which are regulated separately under this chapter.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002]
Any tower, edifice, pole or other structure, other than a
wireless telecommunication services facility (as defined herein),
designed to be used for the transmission and/or reception of radio
signals, television signals or other electronic impulses and having
a height at any point greater than 15 feet from the base or lowest
point of said tower, edifice, pole or structure and constructed, installed
or maintained on or above the ground or on a residential building
on private property.
[Amended 7-15-2002 by L.L. No. 21-2002; 12-2-2002 by L.L. No. 30-2002]
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 123-12B of the City of Beacon's Flood Damage Prevention Law[3] (Local Law Number 1 of the year 1987).
[Added 10-21-1991 by L.L. No. 12-1991]
An establishment whose primary business is the sale of food
and beverages, selected from a full menu, to customers seated at a
table or counter, served by a waiter or waitress, or at a buffet,
for consumption on the premises. At least 50% of the total gross
floor area must be used for the seating of customers. A restaurant
may include the serving of alcoholic beverages and the provision of
carry-out food service if they are incidental to the consumption of
food and beverages. The term “restaurant” does not include
a business whose principal operation is as a bar, cabaret, carry-out
food service, delicatessen or fast-food establishment.
[Added 5-2-2005 by L.L. No. 2-2005]
The sale of goods directly to the general public for personal,
household, or business consumption, including but not limited to an
appliance store, bakery, delicatessen, drug store, florist, supermarket,
hardware store, liquor store, newsstand, shoe store, stationery store,
convenience store, and variety store.
[Added 2-19-2013 by L.L. No. 3-2013]
The approved sale of food, beverages or crafts from a truck
or trailer specifically designed for such use. Retail sales from a
truck or trailer is a temporary use which may be permitted to exist
for a maximum of only one two-consecutive-year period on a given lot.
In the provisions of this chapter pertaining to this use, the word
"truck" shall include the word "trailer."
[Added 7-21-2014 by L.L. No. 10-2014]
A chart for determining the density of smoke, which is issued
by the Federal Bureau of Mines.
See "boardinghouse."
Any antenna used to receive or to receive and transmit voice
data or video programming services, including but not limited to direct
broadcast satellite (DBS) programming services or high-speed internet
access.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002]
An educational institution, other than a public school, 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.
An establishment that permits customers to store their own
materials in private warehouse space with individual lockable units
accessible from outdoor driveways or indoor hallways.
[Added 9-19-2022 by L.L.
No. 9-2022]
An entire dwelling unit, or a room or group of rooms within
a dwelling unit, made available to rent, lease or otherwise assigned
for aN occupancy of less than 30 consecutive days. The term “short-term
rental” does not include dormitories, hotel or motel rooms,
bed-and-breakfast inns or lodging houses, as permitted and regulated
by the City of Beacon Zoning Ordinance.
[Added 6-15-2020 by L.L. No. 6-2020]
Any structure or part thereof, or any device attached thereto
or painted thereon, or any material or thing, illuminated or otherwise,
which displays or includes any numeral, letter, work, model, banner,
emblem, light, device, trademark or other representation used as an
announcement, designation, direction, display or advertisement of
any person, firm, group, organization, commodity, service, profession
or enterprise when placed in such manner that it provides visual communication
to the general public out of doors, but not including the following:
Signs maintained or required to be maintained
by law or governmental order.
The flag or insignia of any government or governmental
agency.
The flag of any civic, political, charitable,
religious, fraternal or similar organization, which is hung on a flagpole
or mast.
Religious or other seasonal holiday decorations
which do not contain commercial lettering, wording, designs, symbols
or other devices.
Where a sign consists of a single board or face with information
on one or both sides, the area which results by including the outside
dimensions of such sign, not including the vertical, horizontal or
diagonal supports which may affix the sign to the ground or to a structure
or building unless such supports are evidently designed to be part
of the sign as defined herein. Where a sign consists of several individual
faces, the area shall be the total of the area of all such faces which
can be observed from any one point. Where the sign consists of individual
letters or symbols attached to or painted on a building, the area
shall be considered to be that of the smallest basic geometric shape
(rectangle, triangle or circle) which encompasses all of the letters,
symbols and/or any background of a different color than the color
of the building.
A multiple-tenant building that provides tenants with separate
sleeping areas. SRO tenants may typically share bathrooms and/or kitchens,
while some SRO rooms may include kitchenettes, bathrooms or half baths.
SROs are primarily rented as a long-term residence.
[Added 6-17-2013 by L.L. No. 11-2013]
Small cells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces.
A small cell facility meets each of the following conditions:
[Added 8-7-2018 by L.L.
No. 13-2018; amended 2-19-2019 by L.L. No. 2-2019]
Each antenna associated with the deployment, exuding associated
antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facility does not require federal antenna structure registration;
The facility is not located on Tribal lands, as defined under
36 CFR § 800.16(x); and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards established
by the Federal Communications Commission in Rule 1.1307(b).
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is
the number obtained by multiplying the smoke density in a Ringelmann
Smoke Chart by the time of emission in minutes. For example, the emission
of Ringelmann Smoke Density No. 1 for one minute equals one "smoke
unit."
An instrument, standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
Continuous earthborne oscillations. Discrete pulses that
occur more than 100 times per minute shall be considered steady-state
vibrations.
Any wireless telecommunication services facility which is
designed to enhance compatibility with adjacent land uses, including
but not limited to architecturally screened roof-mounted antennas,
antennas integrated into architectural elements, and wireless telecommunication
services facilities designed to look like such elements as light poles,
utility poles and trees.[4]
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002]
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 the top
of the ceiling beams next above it. A basement shall be counted as
a "story" if it is a "story above grade plane" as defined in the International
Residential Code.
[Amended 12-5-2016 by L.L. No. 15-2016]
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
An existing state, county or City highway, or a way shown
upon a subdivision plat approved by the City Planning Board, as provided
by law, or on a plat duly filed and recorded in the office of the
County Clerk prior to the appointment of the City Planning Board and
the grant to such Board of the power to approve subdivision plats.
The dividing line between a street and a lot.
The portion of the streetscape lying between the curb and
the pedestrian clearway, located in the public right-of-way.
[Added 2-19-2013 by L.L. No. 3-2013]
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Structures include accessory buildings, decks, swimming
pools and tennis courts, but sidewalks, ground-level parking lots,
driveways, and patios are not considered structures.
[Amended 6-15-2020 by L.L. No. 7-2020]
Any change in the supporting members of a structure, including
but not limited to bearing walls, retaining walls, columns, beams
or girders.
A modification substantially changes the physical dimensions
of an eligible support structure (tower or base station) if it meets
any of the following criteria:
[Added 8-7-2018 by L.L.
No. 13-2018]
The mounting of the proposed antenna on existing towers, other
than towers in the public rights-of-way, would increase the existing
height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than
10% or more than 10 feet, whichever is greater;
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
The mounting of the proposed antenna would involve adding an
appurtenance to the body of existing towers, other than towers in
the public rights-of-way, that would protrude from the edge of the
towers more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet, except that the mounting of the proposed
antenna may exceed the size limits herein if necessary to shelter
the antenna from inclement weather or to connect the antenna to the
tower via cable;
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
The modification defeats concealment and/or stealth elements
of the support structure; or
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
Any artificial body of water or receptacle for water having
a depth at any point greater than two feet and used or intended to
be used for swimming or bathing and permanently constructed, installed
or maintained in or above the ground out of doors.
An uncovered flat platform of earth, with or without a surface
material or retaining walls.
A building or part thereof devoted to the showing of films,
live theatrical, musical, dance, or other performances.
[Added 6-15-2020 by L.L. No. 7-2020]
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid-admission basis, to patrons seated in automobiles
or on outdoor seats.
A device for recording the intensity of any vibration in
three mutually perpendicular directions.
[5]Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002; 8-7-2018 by L.L. No. 13-2018]
A one-family dwelling attached in a row of at least three
such units with each home having its own front and rear access to
the outside. See also “dwelling unit, attached.”
[Added 6-15-2020 by L.L. No. 7-2020]
Any solid, liquid or gaseous matter, including but not limited
to gases, vapors, dusts, fumes and mists, containing properties which,
by chemical means, are:
A facility offering educational services designed to give
students the skills to prepare them for a specific occupation. Also
referred to as a "vocational school" or "technical school."
[Added 6-15-2020 by L.L. No. 7-2020]
See "funeral parlor."
The specific purpose for which land, water or a building
or structure is designed, arranged or intended or for which it is
or may be occupied or maintained.
A use which is customarily incidental and subordinate to
the principal use on a lot and located on the same lot therewith,
except as otherwise provided in this chapter.
[Amended 12-16-1996 by L.L. No. 19-1996]
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including City-owned poles. Such term shall not include
structures supporting only wireless telecommunication service facilities.
Any pole in excess of 50 feet shall be deemed a tower.
[Added 8-7-2018 by L.L.
No. 13-2018]
A vehicle which is generally pulled by a motorized vehicle
and features a rear cargo area and is used for the hauling of loads
of any size.
[Added 5-16-2011 by L.L. No. 5-2011]
An area of land with a gradient of 25% or more extending
over a contiguous land area of at least 10,000 square feet.
[Added 3-1-2004 by L.L. No. 2-2004;
amended 5-22-2018 by L.L. No. 9-2018]
An establishment for the storage of products, supplies, and
equipment offered for wholesale distribution (not for direct sale
to the general public). This does not include a self-storage facility.
[Added 9-19-2022 by L.L.
No. 9-2022]
Any flow or body of water which contains water or a flow
of water at least six months in the aggregate during the course of
an average year.
Lands generally or intermittently covered with water which,
by nature of their surface and/or subsurface soil characteristics,
contribute to the replenishment of the subsurface water supply, including
marshes, swamps, bogs and other areas with poorly drained soils such
as organic muck and alluvial soils.
An enclosed place of business primarily engaged in sales,
storage, display, and distribution of merchandise to retailers, industrial
users, institutional uses, or other commercial businesses, including
a warehouse, but not to include auto wrecking yards, junkyards, or
outdoor storage of materials, unless outdoor storage of materials
is specifically permitted as an accessory use in the district.
[Added 6-15-2020 by L.L. No. 7-2020]
The provision of wireless telecommunications services, including
those more commonly referred to as "cellular phones," which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless service" is defined in the
Communications Aet of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002]
A structure, facility or location designed or intended to
be used as, or used to support, antennas. It includes, without limit,
freestanding towers, guyed towers, monopoles, small cell telecommunication
facilities on utility poles in the public right-of-way or property
of the City of Beacon or of another municipal corporation within the
City of Beacon and similar structures that employ camouflage technology,
including but not limited to structures such as a multistory building,
church steeple, silo, water tower, sign or other similar structures
intended to mitigate the visual impact of an antenna or the functional
equivalent of such. It is a structure intended for transmitting and/or
receiving radio, television, cellular, personal telecommunications
services, commercial satellite services or microwave telecommunications,
but excluding those used exclusively for dispatch telecommunications,
or exclusively for private radio and television reception and private
citizens' bands, amateur radio and other similar telecommunications.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002; 8-7-2018 by L.L. No. 13-2018]
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
[Added 8-7-2018 by L.L.
No. 13-2018]
Workplaces, including retail sales, for carpenters, plumbers,
cabinetmakers, upholsterers, electricians, printers, tailors, dressmakers,
shoemakers, jewelers, sculptors, watch and clock makers, opticians
and musical or scientific instrument repairers, or shops which employ
similarly skilled persons.
[Added 6-15-2020 by L.L. No. 7-2020]
An open space on the same lot with a building or groups of
buildings, which open space lies between the building or groups of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except for permitted accessory uses and structures.
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 the measurement shall be taken at right angles
from the line of the building as defined herein to the nearest lot
line.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front or rear lot
line, as the case may be.
[1]
Editor's Note: The former definition of "front wall," which
immediately followed this definition, was amended. See now "facade
or front wall."
[2]
Editor's Note: The former definition of "nursery," which immediately
followed this definition, was amended. See now "horticultural nursery."
[4]
Editor's Note: The former definition of "storage business,"
added 6-15-2020 by L.L. No. 7-2020, which immediately followed this
definition, was repealed 9-19-2022 by L.L. No. 9-2022.
[5]
Editor's Note: The former definition of "tourist home," which
immediately followed this definition, was repealed 6-15-2020 by L.L.
No. 6-2020.
