As used in this article, the following terms
shall have the meanings indicated:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
A measure of land area equal to 43,560 square feet.
The land and on-farm buildings, equipment, processing and
handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise. Active agricultural farmland may consist
of one or more parcels of owned or rented land, which parcels may
be contiguous to or noncontiguous to each other. "Active agricultural
farmland" means land used in agricultural production during the preceding
two years for the production for sale of crops, livestock and/or livestock
products, as those terms are used within this state's Agriculture
and Markets Law.
[Added 9-14-2009 by L.L. No. 6-2009]
Any establishment run by a person, firm, corporation, association,
club or other organization to operate a public or private business
serving food and/or beverages in the Town of Marlborough which presents
nude or topless dancers, strippers, male or female impersonators or
similar entertainment or which employs nude or topless persons for
food or beverage service, which establishment is not customarily open
to the public, but excludes minors by reason of age.
[Added 12-13-1993 by L.L. No. 4-1993]
A building or portion thereof containing three or more apartments
or owner-occupied dwelling units. Tenants or owner-occupants shall
each be 50 years of age or over, except that only one spouse of an
occupying married couple must be 50 years of age or older.
[Amended 7-11-1994 by L.L. No. 1-1994; 9-14-2009 by L.L. No.
6-2009]
A dwelling unit available at a cost of no more than 30% of
the gross household income of households at or below 80% of the Kingston-NY
MSA median family income as reported by the United States Department
of Housing and Urban Development.
[Added 11-13-1995 by L.L. No. 5-1995; amended 9-14-2009 by L.L. No.
6-2009]
A residential cluster development of 20 or more residential
units which meets specific conditions and the definitions of affordable
housing and senior citizens housing as set forth in this chapter.
[Added 11-13-1995 by L.L. No. 5-1995]
The cultivation of the soil for food products, tree crops
or other useful or valuable growths of the field or garden; and dairying
and poultry and livestock raising.
A change or rearrangement of the structural components of
a building or structure resulting in a change in the exterior dimensions
of said building or structure.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and affixed
directly to the motor vehicle and where minor repair service is rendered.
An open area for the display, sale or rental of motorized
or mechanical equipment, including new or used motor vehicles, trucks
and farm equipment or mobile homes in operable condition.
An owner-occupied dwelling allowing overnight accommodations
in residential structures which takes place only in owner-occupied
structures in which at least one room and not more than five rooms
are offered for rent for transient occupancy. Use is allowable for
up to five bedrooms within the owner-occupied structure, excluding
the primary owner's main living quarters. Meals may be served to guests
of the business. Use is subject to site plan review by the Planning
Board. Each owner of a bed-and-breakfast overnight accommodation must
obtain an annual operating permit from the Building Department and
must pay any related permitting or inspection fees established by
the Town. These fees, from time to time, may be updated and changed
during the Town Board annual reorganization meeting.[1]
[Amended 3-8-1999 by L.L. No. 1-1999; 9-26-2022 by L.L. No. 8-2022]
A structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
BUILDING HEIGHTThe vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
BUILDING, PRINCIPALA structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the lot on which the same is located.
BUILDING, RECYCLABLE AGRICULTURALA structure, such as a barn, packinghouse or cooler, used previously for an accessory agricultural purpose, which purpose is no longer economically viable. Such building may be recycled, i.e., converted to a permitted, accessory or special permit use in the zoning district of its location subject to its meeting standards set forth elsewhere in this chapter. To be classified as "recyclable," such building shall have a minimum floor area of 2,500 square feet; have served its prior use for a minimum of 10 years; be certified for appropriateness for its proposed use by the Building Inspector; and receive site plan and environmental review approval from the Planning Board.
Any parcel of land, with or without accommodations for temporary
living purposes, but containing two or more paved or unpaved areas
to be used for the parking of travel trailers, the erection of a tent
or the accommodation of other forms of temporary, portable or movable
shelter.
A burial place or ground for humans.
Two or more retail establishments totaling no more than 30,000
square feet of rentable commercial space and sharing certain facilities,
such as parking, public utilities and open space.
A building owned or operated by a certified nonprofit, nondenominational
organization for assembly by its members.
A unit of sound pressure level.
The number of dwelling units or commercial or other nonresidential
units per square foot or acre of lot area.
The number of dwelling units or commercial or other nonresidential
units divided by the number of square feet or acres of a building
lot or tract.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home or trailer.
SINGLE-FAMILYA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
MULTIPLEA building or portion thereof used or designed as a residence for three or more apartment or dwelling units.
VACATIONA dwelling which is temporarily occupied by a person or persons having a usual residence elsewhere from whence they customarily journey to work, send children to school or conduct other principal activities.
TOWNHOUSEA dwelling unit in a multiple dwelling consisting of a row of three or more attached dwelling units wherein each unit is intended for single-family occupancy. Each unit shall share a common wall with one or more other units and shall not share a common floor or ceiling. Ownership of the townhouse dwelling shall include the land on which the unit is placed.
[Added 5-9-2011 by L.L. No. 3-2011]
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
[Amended 9-14-2009 by L.L. No. 6-2009]
Public, parochial or private elementary or secondary schools
and higher education, duly licensed by the State of New York, attendance
at which is a sufficient compliance with the compulsory attendance
requirements of the state.
The erection, alteration or maintenance, by public utilities
or municipal or other governmental agencies, of underground or overhead
gas, electrical, steam or water transmission or distribution systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, hydrants and
other similar equipment and accessories in connection therewith, reasonably
necessary for the furnishing of adequate service by such public utilities
or municipal or other governmental agencies or for the public health
and safety or general welfare. "Essential services" shall include
firehouses, first aid and emergency aid squads and CATV, whether provided
by a municipal or a private agency.
One or more persons occupying a dwelling unit and living
as a single nonprofit housekeeping unit.
[Amended 8-22-1994 by L.L. No. 2-1994]
Any parcel of land of 10 acres or more used principally in
the raising or production of agricultural products and the necessary
or usual dwellings, farm structures, storage and equipment.
The most-current official map for the Town prepared by the
Flood Insurance Administration and on which are designated the boundaries
of the one-hundred-year floodplain, the five-hundred-year floodplain
and the regulatory floodway.
[Added 9-14-2009 by L.L. No. 6-2009]
All land adjoining a watercourse which is likely to flood
once every 100 years, as shown on the most current and official map
for the Town prepared by the Flood Insurance Administration.
[Added 9-14-2009 by L.L. No. 6-2009]
The sum of the gross horizontal areas of the floors of a
building measured from the interior faces of the exterior walls.
A building or part thereof used and occupied by a professional
licensed mortician for burial preparation and funeral services.
A detached accessory structure or portion of a principal
building used to satisfy the off-street parking requirements of on-site
uses as set forth in this chapter.
A building used for the storage, repair, including body work,
and/or servicing of motor vehicles, but not including the storing,
holding or displaying of the same for sale or resale.
A landing pad for a helicopter, which pad meets the conditions
set forth in this chapter, as well as the applicable regulations of
§ 249 of the General Business Law and those of any other
public agency having jurisdiction.
Any business or professional use customarily conducted entirely
within a dwelling, provided that such use is carried on by the owner
of the dwelling, is clearly incidental and secondary to the use of
the dwelling and does not significantly change the character of the
dwelling or neighborhood.
A building or any part thereof which contains living and
sleeping accommodations hired out for compensation for 20 or more
persons, has a common exterior entrance or entrances and contains
one or more dining rooms.
The principal structure used by a religious society or congregation,
incorporated pursuant to the provisions of the laws of the State of
New York, for public worship, ritual and ceremony.
An institution or organization which may or may not be licensed
or accredited as a school by the State of New York, which provides
for the teaching of any skill or body of knowledge independent of
a general curriculum of studies. An "instructional use" is to be distinguished
from an educational use and from tutoring.
Vehicles which do not have a current and/or valid New York
State Department of Motor Vehicles Registration. Vehicles typically
used for farming are exempt from this definition. No more than one
junk car/unregistered vehicle shall be allowed per lot unless otherwise
permitted under local law.
[Added 3-8-1999 by L.L. No. 1-1999]
Consists of buildings, structures or premises where junk,
waste or discarded or salvage materials are bought or sold, exchanged,
stored, baled, packed, disassembled or handled, including automobile
wrecking yards, but not including the purchase or storage of used
furniture and household equipment or used cars in operable condition.
Any enclosure, premises, building, structure, lot or area
in or on which more than four dogs of at least six months of age are
kept, harbored or maintained for commercial or noncommercial purposes
for continuous periods of 24 hours or more.
A municipally owned and operated site which uses an engineered
method of solid waste disposal on land in a manner that protects the
environment: waste is spread in thin layers, compacted to the smallest
possible practical volume and covered with soil at the end of each
working day.
Activities generally limited to the assembly, processing,
storage and distribution of goods and materials manufactured elsewhere
from raw materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135º. The point of intersection of the street lot lines is the "corner."
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
FRONTThe line separating the lot from the street. Where there is no road along any lot line, the "front lot line" will be a lot line which abuts a street.
REARThe lot line opposite and most distant from the front lot line.
SIDEAny lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line."
STREETA lot line separating the lot from a street or alley.
LOT AREAThe computed area of a lot contained within the lot lines and measured in square feet or acres.
LOT WIDTHThe distance between the two side lot lines measured parallel to the front lot line at the required setback line or the actual building line chosen by the owner.
LOT COVERAGEThe percentage of the area of a lot covered by the area of the foundation of a building or buildings; includes building coverage.
[Added 11-13-1995 by L.L. No. 5-1995; repealed 9-14-2009 by L.L. No. 6-2009]
Those areas in the Hamlet of Marlboro included in the C-1
Commercial District, on Tax Map Sheets 108.012 and 108.004.
[Added 3-8-1999 by L.L. No. 1-1999]
Those areas in the Hamlet of Milton on the current tax maps
at the time of adoption of this regulation located east of State Route
9W, west of Maple Avenue, west of Watson Avenue and south of Church
Street, including all lots in Tax Map Sections 103.009 and 103.001
Block 3.
[Added 3-8-1999 by L.L. No. 1-1999]
The excavation, removal, handling and processing of stone,
sand gravel, clay, earth or other surface or subsurface material extracted
from the premises, including the transportation, storage, crushing,
grinding, pulverizing or mixing of the extracted raw materials and
all uses and operations accessory thereto.
Any structure 14 feet wide or less, adaptable to be moved
by a power connected thereto, and so designed as to permit occupancy
thereof for dwelling or sleeping purposes or for the conduct of any
business, profession, occupation or trade and provided with any combination
of the following mechanical systems and equipment: plumbing, heating,
electrical, cooking and refrigeration. Such structure shall have a
steel frame attached to the underside and may or may not have axles
and wheels attached to such frame. Such "mobile home" or "house trailer"
shall be in conformity with the New York State Code for the Construction
of Mobile Homes, March 13, 1974, as amended, and such certificates
of the United States Department of Housing and Urban Development as
may supersede such code.
Any plot of ground upon which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located, regardless of whether
or not a charge is made for such accommodations.
Any area of land upon which mobile or modular homes are placed
for the sole purpose of display or sale.
Motorized vehicle or portable stand, stationed in one location
for more than 30 minutes, with facilities for storage and sale of
retail goods, food and drink or other commodities.
[Added 11-13-1995 by L.L. No. 5-1995; repealed 9-14-2009 by L.L. No. 6-2009]
A factory-fabricated, transportable building designed for
placement on a permanent in-ground foundation for use as a dwelling.
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space and is offered for
rental and use primarily by motor vehicle travelers. The term "motel"
includes but is not limited to every type of similar establishment
known variously as an "auto court," "motor inn," "motor lodge," "tourist
court," "tourist cabin" or "roadside hotel."
A retail business establishment of not more than 1,500 square
feet.
The gross acreage of a proposed development site less the
acreage of lands rated as wetlands, slopes in excess of 25%, floodplains,
water bodies, and lands that are otherwise restricted from development,
such as by a utility easement.
[Added 9-14-2009 by L.L. No. 6-2009]
A measure of the number of allowed dwelling units per unit
of area. It shall be expressed in dwelling units per acre. The measure
is arrived at by dividing the number of allowed dwelling units by
the net buildable area.
[Added 9-14-2009 by L.L. No. 6-2009]
One which does not conform to the height, yard, building
coverage, parking or other dimensional requirements of this chapter
and which existed lawfully, whether by variance or otherwise, on the
date this chapter or any amendment hereto became effective, and which
fails to conform to one or more of the provisions of this chapter
or such amendment hereto.
[Amended 9-14-2009 by L.L. No. 6-2009]
Any use of a building, structure or tract of land which existed
lawfully, whether by variance or otherwise, on the date this chapter
or any amendment hereto became effective and which fails to conform
to one or more of the provisions of this chapter or such amendment
hereto.
[Amended 9-14-2009 by L.L. No. 6-2009]
A place where young trees or plants are raised for transporting
or sale.
A place or structure where young trees or other plants are
raised for the personal use of the owner of the place or structure.
If a freestanding structure or extension to the principal building,
it is to be reviewed as an accessory building.
A person who, or an entity which, either independently or
jointly, owns and possesses a right to convey fee title to the property.
[Added 9-14-2009 by L.L. No. 6-2009]
Those services involving the care of the person or his apparel,
such as laundries, cleaning and dyeing establishments, barber- and
beauty shops and cleaning and pressing shops.
[2]A farm, the major occupation of which is the raising of poultry,
wherein there is more than one square foot of ground floor area per
bird in those structures housing the poultry.
The office of an accountant, architect, attorney, dentist,
engineer, physician or similar licensed activity, whether in a single-family
house as a home occupation or in a commercial office building.
A building owned or leased by the Town of Marlborough or
a local, county, state or federal agency for public purposes.
Water or sewerage systems administered by the Town of Marlborough
within a duly established water or sewer district.
A recreation facility operated as a business which does not
generate sound levels in excess of 65 decibels at the property line,
meets all lot and setback requirements, provides adequate on-site
parking and is open to the public for a fee.
[Amended 7-12-2010 by L.L. No. 4-2010]
An area to be developed as a single entity according to a
plan containing common or public open space as an appurtenance to
residential housing units within the entity. While the residential
units may be placed on lots of smaller area than those permitted within
the zoning district or have setbacks of smaller size, the average
residential density of the complete development, expressed in dwelling
units per acre, shall not exceed the density permitted in that district
for noncluster development.
An area of land on which is located a hotel or group of buildings
containing living and sleeping accommodations for 20 or more persons
hired out for compensation and which has a public lobby serving guests
and contains one or more dining rooms and recreation facilities.
A structure where food and/or nonalcoholic beverages are
prepared and sold ready for consumption and in which packaging practices,
service and external layout serve the convenience of customers who
arrive at the site primarily by automobile and who may consume such
food and/or beverages on the premises, either inside or outside the
structure.
An accessory structure situated on an operating farm and
offering for sale between the months of May and November agricultural
products, a majority of which have been produced on the premises.
A dwelling unit occupied by a resident-owner or agent thereof
and his family and from whom four or more tenants rent sleeping space
without provision for meals. The definition includes a lodging house,
but does not include a hotel, motel, boardinghouse or other lodging
arrangement for transients.
A use engaged in for a period of six consecutive months or
less.
Dwelling units within which residency shall be restricted
to a permanent resident aged 62 years or more of age and one other
person related by blood or marriage.
A restriction placed upon the use of land referring to the
distance a structure must be situated from a lot line. The setback
line shall be parallel to the lot line from which it is measured.
In the case of a cul-de-sac, the front setback line shall be established
parallel to a chord connecting the two points of intersection of the
side lot line with the arc representing the cul-de-sac right-of-way
line, i.e., the front lot line. Setback distances shall be measured
perpendicular to the chord described above. In the case where rights-of-way
or easements border the property line, the setback distance shall
be determined by measurement from the edge of the right-of-way or
easement nearest to the structure in question.
[Amended 8-22-1994 by L.L. No. 2-1994]
A group of stores, shops and similar establishments occupying
adjoining structures, all of which may be deemed one building if designed
as an architectural unit and if it has adequate space for customer
parking and for loading and unloading commodities.[3]
The rental by a tenant of all or part of a furnished, self-contained
detached dwelling unit for a period of 30 days or less ( the "short-term
rental unit"), fee title to which is owned by the person who i) owns
the fee title to and ii) owns a dwelling unit which is next door to
or directly across the street from the short-term rental unit as his
or her primary residence ( the "owner"). An owner shall not own or
have an ownership interest in more than two short-term rental units
within the Town of Marlborough.
[Added 4-12-2021 by L.L. No. 2-2021; amended 9-26-2022 by L.L. No. 8-2022]
A use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board, as specified in Article VII, before it may be permitted in the district enumerated in Article IV. In accordance with the provisions of this chapter, the Planning Board may require certain conditions and safeguards before such a use is permitted or expanded.
An authorization of a particular land use – the special
use – which is permissible within a given zoning district but
which may have the potential to exhibit characteristics or create
impacts incompatible with the purposes of such district. The special
use shall, therefore, be subject to approval by the Planning Board
in accordance with conditions set forth for such use, as well as other
applicable provisions of this chapter. Both general and specific conditions
have been established for special uses to ensure that such use is
in harmony with this chapter and the Town of Marlborough Comprehensive
Plan and will not adversely affect the neighborhood if such requirements
are met.
[Added 9-14-2009 by L.L. No. 6-2009]
A right-of-way for vehicular traffic, including road, avenue,
lane, highway or other way which is an existing public way, or a way
shown upon a subdivision plat approved by the Town Planning Board,
as provided by law.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, swimming
pool and stationary and portable carports, the use of which requires
location on the ground or attachment to something having location
on the ground.
As defined in Chapter 134, Subdivision of Land.
[Amended 8-22-1994 by L.L. No. 2-1994]
A container in use for dry or liquid storage not affixed
to a permanent foundation and resting on wheels, skids or other device
facilitating movability. Such container shall be considered an accessory
building requiring a permit from the Building Inspector when the liquid
storage volume is 1,000 gallons or greater and, for dry storage, 144
cubic feet or greater.
The person duly designated as engineer of the Town on a permanent
or consulting basis.
A movable unit designed for short-term occupancy and frequent
travel, equipped with a chassis, but lacking one or all of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration.
When practiced as a home occupation, the instruction by one
person of up to five persons at one time in a skill or field of knowledge.
The general area required and suitable for the normal and
reasonable development of a building site to permit the provision
of water supply and sewerage facilities to serve the area for proposed
occupancy in accordance with the provisions of local ordinances, watershed
rules and regulations and the requirements of the County Health Department
or other provision regulating land use.
A usable area shall not be deemed to include
any area occupied by any existing building, structure, lake, stream,
pond or swamp areas of exposed or underlying rock or groundwater within
five feet of the surface or marginal areas subject to flooding or
along streams or other bodies of water.
The area intended for sewerage systems shall
be well-drained by natural or artificial means.
The Building Inspector may require to be shown
such usable area as he may deem necessary for any other type of land
usage, other than single-family occupancy, indicated on the plan and
permitted under existing zoning laws.
The usable area shall include a protective area
not less than 10 feet in width laterally on all sides of the separate
sewerage system and such other protective area between any separate
sewerage system and any water supply line or drainage, watercourse
or other hazardous condition as the Department shall deem necessary
or adequate.
As applied to separate sewerage systems, the
usable area shall contain a suitable absorptive area for a depth of
not less than four feet below proposed leaching devices. Where placement
of soils is made in sewage leaching areas, the existing surface soils
may not be displaced over clay or rock.
An unenclosed portion of the ground area of a lot or tract
of land containing a residential cluster subdivision which is not
assigned for driveways or parking areas, is free from structures of
any kind and is accessible to all occupants of the building or buildings
on said lot or tract for purposes of active or passive outdoor recreation.
The principal purpose for which a lot or the principal building
thereon is designated to be occupied, maintained or used.
An enclosed building used for the commercial storage of materials.
Any area that, in a normal year, has water flowing or standing
above ground to the extent that evidence of an ordinary high-water
mark is established.
[Added 9-14-2009 by L.L. No. 6-2009]
The taking of water from on-site subsurface surfaces for
collection, transportation and sale.
[Added 4-8-1996 by L.L. No. 2-1996]
An area of land that is characterized by hydrophytic vegetation,
saturated soils or periodic inundation, as delineated by the New York
State Department of Environmental Conservation or the United States
Army Corp of Engineers.
[Added 9-14-2009 by L.L. No. 6-2009]
An adjacent area of 100 feet around a wetland area of land
as delineated by the New York State Department of Environmental Conservation.
[Added 9-14-2009 by L.L. No. 6-2009]
An agricultural land use that includes the growing of fruit
used in making wine, the importation of fruit and fruit juices to
make wine and the process to make wine and the distillation process
to make spirits from wine.
[Added 9-14-2009 by L.L. No. 6-2009]
An open space which lies between the principal building or
group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted.
FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.
REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
[1]
Editor's Note: The definition of "billboard," which immediately
followed this definition, was repealed 5-22-2017 by L.L. No. 5-2017. The definition of
"boardinghouse," which also followed this definition, was repealed 4-11-2022 by L.L. No. 2-2022.
[2]
Editor's Note: The former definition of "poultry
raising, high density," which immediately followed this definition,
was repealed 3-8-1999 by L.L. No. 1-1999.
[3]
Editor's Note: The former definitions of “sign,”
“sign area,” and “sign, directory,” which
immediately followed this definition, were repealed 5-22-2017 by L.L.
No. 5-2017.
In the interpretation and construction of this
chapter:
A.
Words used in the present tense include the future;
the singular number shall include the plural, and the plural the singular.
B.
The word "structure" shall include the word "building."
C.
The work "used" shall include "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased" or "intended
to be used."
D.
The word "shall" is mandatory and not optional.
