As used in this chapter, the following terms shall have the meanings
indicated:
ADULT USE
A bookstore, video store, nightclub, movie theater, retail
store, or other establishment which prominently features entertainment
or materials with sexually explicit content. An establishment which
sells such materials as an incidental part of its business or which
presents such material or entertainment primarily as a form of legitimate
artistic expression shall not be considered an adult use.
AGRICULTURAL PRODUCTS
Including but not limited to field crops, fruits, vegetables,
livestock, livestock products, maple sap products, honey, Christmas
trees, and horticultural items such as trees, shrubs, and flowers.
AGRICULTURE
The utilization of land and structures for the production,
preservation, nonindustrial processing, storage, and sale of agricultural
products, not including agricultural industry or farms primarily for
the disposal of offal or garbage. Commercial horse operations, as
defined herein, and the raising and breeding of horses are agricultural
uses, distinguished from the business use of teaching or training
people to ride a horse (see "riding academy"). Preservation, processing
and storage are limited to those products produced on the farm where
located. See definition for "farm stand" regarding retail sales of
agricultural products.
AGRITOURISM
Any activity that is intended to inform visitors about farm
operations, products, and/or history and is conducted as an accessory
use to the farm use of the site. The activity may allow visitors to
participate in farm operations. The term "agritourism" does not include
"farm stand."
AIRPORT; HELIPORT
Any privately owned area of land or water which is used or
intended for the landing and takeoff of aircraft. Commercial airports/heliports
are not permitted in any zoning district. General Business Law § 249
requires the approval of the New York State Commissioner of Transportation.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
ANIMAL HUSBANDRY
The keeping, grazing, feeding, and care of animals other
than household pets, not in conjunction with a farm operation or kennel.
Incidental sale of animals is permitted as an activity under animal
husbandry.
APARTMENT BUILDING
A building arranged, intended, or designed to be occupied
by three or more families living independently of each other in rental
units.
AVERAGE DENSITY
A more flexible method of residential development that allows
for a range of lot sizes. The recommended lot size for the zoning
applicable to the district is used to calculate the allowed number
of lots for a project, but the lot sizes can vary.
[Added 10-12-2011 by L.L. No. 5-2011]
BANK; FINANCIAL INSTITUTION
An establishment in which financial transactions are conducted;
may include professionals administering advice related to financial
matters; does not include pawn shops or check cashing stores.
BAR or TAVERN or NIGHTCLUB
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises;
may include the regular provision of music, entertainment, and space
for dancing.
BASE FLOOD
The flood having a one-percent chance of being equalled or
exceeded in any given year.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
BED-AND-BREAKFAST
A single-family dwelling in which overnight accommodations,
not exceeding five bedrooms, and breakfast are provided for transient
guests for compensation. A bed-and-breakfast must be the primary residence
of the owner/proprietor.
BUFFER AREA
Open ground area of the plat, in addition to any required
yards or road widenings around the perimeter of any plot, where required.
Parking is not allowed in a buffer area.
BUFFER, WETLAND
Per Chapter
53 of the Town Code, the lands lying within (1) 25 feet of wetlands and water bodies of 1/2 acre to one acre in size; (2) 50 feet of wetlands and water bodies of one acre to two acres in size; (3) 75 feet of wetlands and water bodies of two acres to three acres in size; and (4) 100 feet of wetlands and water bodies of three acres or more in size shall be areas of regulation; also, all lands lying within 100 feet of the normal stream bank of the Wappinger Creek, Little Wappinger Creek, Great Spring Creek, and any other perennial watercourse or tributary to these named streams. A twenty-five-foot-wide natural buffer shall be maintained from the normal stream bank for all activities except for those dependent upon the passive recreational use of the stream or as a source of water for emergency purposes or agriculture in accordance with agricultural best management practices.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, or enclosure of persons, animals,
or property.
BUILDING, ACCESSORY
A structure detached from and subordinate to a principal
building on the same lot and used for purposes customarily incidental
to those of the principal building or use, including accessory dwellings
(which require site plan review and approval by the Planning Board).
BUILDING AREA
The total of areas taken on a horizontal plane at the mean
grade level of the principal building and all accessory buildings,
exclusive of porches, carports, terraces and steps.
BUILDING, FRONT LINE OF
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 unenclosed, but does not include steps.
BUILDING HEIGHT
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 deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs. 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.
BUILDING LOT, APPROVED
A lot which has been approved by the Planning Board as a
result of subdivision, resubdivision or site plan approval in compliance
with the Pleasant Valley Code; also, a lot limited in use to a single-family
dwelling and its accessory structures in full compliance with this
chapter.
BUILDING, NONCONFORMING
A structure which does not satisfy the dimensional requirements
of this chapter for the district in which it is located, but which
was not in violation of applicable requirements when constructed.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BULK REGULATIONS
Standards that control the height, density, and location
of a structure on a lot.
BUSINESS, DRIVE-THROUGH
An establishment or portion thereof which encourages and
permits customers to receive services and obtain goods and/or foods
while remaining in their motor vehicles.
BUSINESS, GENERAL
An establishment primarily engaged in selling goods and/or
services to the general public. This includes establishments such
as movie theaters, banks, financial institutions, and health and fitness
clubs.
BUSINESS, RECREATIONAL
A business which, for compensation, offers recreational services,
including but not limited to country clubs, batting cages, marinas,
boatyards, public stables, miniature golf, golf courses, driving ranges,
and non-membership shooting ranges.
CALIPER
The diameter of a tree as measured at a point six inches
above the ground level, up to and including four-inch caliper size,
and 12 inches above the ground level for larger sizes.
CAMP
Any area of land containing recreation facilities as well
as more than four cabins, tent sites, recreational travel vehicles,
shelters, or accommodations used for what is commonly referred to
as "overnight camp" or "day camp" purposes, or otherwise designed
for seasonal or other temporary recreational and living purposes occupied
by adults, children, or any combination of individuals, families,
or groups. This definition shall not apply to the recreational use
of private property for personal use by owners, lessees, or their
guests, which shall be considered to be an accessory use to a residence
or a recreational business.
CANOPY
A freestanding or projecting structure above an outdoor service
area such as at a motor vehicle fueling facility; or, a rooflike cover
made of a rigid material (metal, plastic, etc.) that projects from
the wall of a building over a door, entrance, or window.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
CEMETERY
Land and buildings, whether privately used or publicly owned
or operated, intended to be used for the disposal or burial of deceased
or dead human beings or pets, by cremation or in a grave, mausoleum,
vault or other receptacle and dedicated for burial purposes.
CENTER LINE, STREET OR ROAD
A line midway between and parallel to the two street lines
at the edge of the street's right-of-way, or as otherwise defined
by the Planning Board.
CHARITABLE ORGANIZATION
A not-for-profit corporation or association organized for
charitable purposes, including but not limited to education, social
welfare, environmental conservation, scientific research, cultural
enrichment, and the arts.
CLEAR-CUTTING
Any cutting of all or substantially all trees over six inches
in diameter at breast height (dbh) over more than 2,000 square feet
of land area, except for clearing for one single-family dwelling.
CLUB, NOT-FOR-PROFIT MEMBERSHIP
An organization catering exclusively to members and their
guests, including premises and buildings for recreational, social,
patriotic, political, benevolent, fraternal, athletic, or similar
purposes, which are not conducted primarily for gain. This includes
shooting preserves licensed pursuant to Environmental Conservation
Law § 11-1903 that are organized as membership clubs.
CLUSTER SUBDIVISION
A residential subdivision where the dwelling units, the number
that would result on a given parcel under a conventional subdivision
plan, are allowed to be concentrated on a smaller and more compact
portion of land and where a majority of the remaining land is left
in its natural condition (open or forested) in perpetuity.
COMMON DRIVEWAY
A driveway serving no more than four lots, owned in common
or created by reciprocal easements.
CONDOMINIUM
A system of ownership of dwelling units, established pursuant
to the Condominium Act of the State of New York, in which the dwelling units are individually owned but
where all such owners have an indivisible interest in the common areas.
CONFORMING LOT
A lot that either:
[Added 10-12-2011 by L.L. No. 5-2011]
(1)
Is equal to or greater in area than the recommended lot size
(or minimum lot size for commercial uses) for the zoning district
in which the lot is located; or
(2)
May be smaller in area than the recommended lot size for the
zoning district in which the lot is located but was created pursuant
to the net average density requirements of this Zoning Code, such
that the smaller acreage of such lot has been offset by a lot of greater
acreage which is restricted against further subdivision in order to
meet the net average density requirements for the zoning district
in which the lots are located.
CONSERVATION DEVELOPMENT
A type of development that gives landowners a variety of development options and results in the permanent preservation of green spaces. Conservation development includes the following options as described in §
98-24, Conservation subdivisions, and §
98-51, Transfer of development rights; purchase of development rights; density management.
DAY-CARE CENTER
Any facility operated for the purpose of providing daytime
care or instruction to seven or more individuals during only part
of a twenty-four-hour day, by staff who are properly licensed or certified
under the laws of the State of New York. This term includes nursery
schools, preschools, and other similar uses but excludes public and
private educational facilities or any facility offering care to individuals
for a full twenty-four-hour period.
DAY-CARE HOME
Care for up to six individuals in a private home for fewer
than 24 hours per day, said individuals in addition to those in the
family unit, by someone who is properly licensed or certified under
the laws of the State of New York.
DECK or PORCH
An outdoor platform or structure attached to the principal
structure of a building, having at least a floor, and built at or
above the natural grade. A deck or porch may or may not have a roof
and may or may not be partially enclosed.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations.
DRIVEWAY
A private way providing vehicular access from a public or
private road to not more than one residence, or to a commercial or
noncommercial establishment.
DUMP
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning, compaction and transfer
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.
DUSTLESS SURFACE
A surface which is adequately covered with screenings, stone,
gravel, concrete or bituminous products and adequately treated with
oil or a similar dust-inhibiting substance and maintained in good
condition at all times, or any other surface specified by the Planning
Board upon site plan approval.
DWELLING
A building designed or used exclusively as living quarters
for one or more families. The term shall not be deemed to include
a motel, hotel, boardinghouse, or tourist accommodations.
DWELLING, ACCESSORY
A dwelling unit occupying the lesser of 650 square feet or
30% of the floor space of an owner-occupied residential structure,
but not less than 400 square feet; or a dwelling unit between 400
square feet and 1,000 square feet located in an accessory structure
on an owner-occupied property.
[Amended 10-12-2011 by L.L. No. 5-2011]
DWELLING, ESTATE
A dwelling that houses persons employed in the care of the
buildings and/or grounds of an estate, but not the owner(s) of the
estate, and is located on the property where the principal estate
dwelling is located.
DWELLING, FARM WORKER
A dwelling that houses persons employed in agriculture, but
not the owner(s) of the land being farmed, and is located on the farm
where the principal dwelling is located.
DWELLING, MANUFACTURED HOME
A transportable dwelling unit for one family, used or designed
to be used year round as a permanent residence and containing the
same types of water supply, waste disposal, and electrical systems
as immobile housing. Recreational vehicles designed to be driven or
towed by an automobile or pick-up truck, units designed for use principally
as a temporary residence, or prefabricated, modular, or sectionalized
houses transported to and completed on a site are not considered to
be manufactured dwellings.
DWELLING, MUTIFAMILY
A building or portion thereof containing three or more dwelling
units, on one plot, but which may have joint services or joint facilities,
or both; includes apartment buildings and condominiums, regardless
of the form of ownership (fee simple, rental).
[Amended 10-12-2011 by L.L. No. 5-2011]
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
EDUCATIONAL INSTITUTION, PRIVATE
Any nonpublic school or other organization or institution
conducting a regularly scheduled curriculum of study similar to that
of the public schools and operated by non-stock corporations under
the Education Law of New York State.
ELEVATION
The elevation, in feet, above mean sea level.
ESTATE
A residential property of not less than 10 acres with a luxurious
residence and auxiliary buildings.
FAMILY
One or more persons occupying the premises and living together
as a single housekeeping unit, using rooms and housekeeping facilities
in common. A roomer, boarder, lodger, or occupant of supervised group
quarters intended to house more than 14 residents shall not be considered
a member of a family.
[Amended 10-12-2011 by L.L. No. 5-2011]
FAMILY DAY-CARE HOME
Care for three to six children in a private residence for
more than three hours per day (Said children are in addition to those
in the family unit.) by someone who is properly licensed or certified
under the laws of the State of New York.
[Added 10-12-2011 by L.L. No. 5-2011]
FARM
A parcel or parcels of land used principally in the production
of agricultural products with the necessary or usual dwellings, farm
structures, storage, and equipment.
FARM OPERATION
As defined in the New York State Agriculture and Markets
Law, Article 25-AA. § 301(11), land and on-farm buildings,
equipment, manure processing and handling facilities, and practices
which contribute to the production, preparation, and marketing of
crops, livestock, and livestock products as a commercial enterprise,
including a commercial horse boarding operation. Such farm operation
may consist of one or more parcels of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.
FARMSTAND
A building, portion of a building, shelter or product display
area for the retail sale of agricultural products. At least 50% of
the agricultural products sold from the stand shall be limited to
those produced on the farm where the stand is located. This may or
may not be a permanent structure. A farm stand not exceeding 800 square
feet in footprint area for the retail sale of products of the farm
is allowable. A larger roadside sales facility is allowable by special
use permit only.
FARM WORKER
A hired laborer, whether temporary or permanent, working
on a farm and performing agriculturally related tasks.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to Pleasant Valley.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water, or from abnormally high tidal
water or rising lake waters resulting from severe storms, hurricanes
or tidal waves.
FLOODPLAIN
As defined by the Federal Emergency Management Agency (FEMA),
any land area susceptible to being inundated by floodwaters from any
source.
FLOODPLAIN MANAGEMENT
As defined by the Federal Emergency Management Agency (FEMA),
the operation of an overall program of corrective and preventive measures
for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and land use and control measures.
FLOODPROOFING
As defined by the Federal Emergency Management Agency (FEMA),
any combination of structural and nonstructural additions, changes,
or adjustments to properties and structures which reduces or eliminates
flood damage to real estate or improved real property, water and sanitary
facilities, or structures with their contents.
FLOODWAY
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
one foot.
FLOOR AREA, GROSS
The floor area within the inside perimeter of the exterior
walls of the building under consideration, exclusive of vent shafts
and courts, without deduction for corridors, stairways, closets, the
thickness of interior walls, columns or other features. The floor
area of a building, or portion thereof, not provided with surrounding
exterior walls shall be the usable area under the horizontal projection
of the roof or floor above. The gross floor area shall not include
shafts with no openings or interior courts.
FLOOR AREA, LIVABLE
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, cellars, heater rooms, basement rooms having
a window area of less than 20% of the square foot area of the room,
unheated porches and breezeways. Included are all spaces not otherwise
excluded, such as principal rooms, utility rooms, bathrooms, and all
closets and hallways opening directly into or appurtenant to any rooms
within the dwelling unit, and all attic spaces having a clear height
of six feet from the finished floor level to the pitch of the roof
rafter, with a clear height of seven feet six inches from the finished
floor level to the ceiling over 50% of the area of such attic space.
FLOOR AREA RATIO
The quotient derived from the gross floor area of a building
divided by its lot area.
FORESTRY
Use, management, or logging of a forest, woodland, or tree
plantation, when conducted for the purpose of selling cut wood. Logging
conducted solely for the private use of the property owner or tenant
is not considered "forestry." Any harvesting of timber must conform
to best management practices as outlined by New York State.
GARAGE, PRIVATE
A structure which is accessory to a residential building
and which is used for the parking and storage of noncommercial vehicles
owned and operated by the residents thereof; provided, however, that
space therein may be used for not more than one commercial vehicle.
GARAGE SALE (also "BARN, LAWN, YARD, OR TAG SALE")
The temporary use of otherwise noncommercial premises for
the purpose of offering for sale items originally accumulated for
personal use rather than for the purpose of sale. In this instance,
"temporary use" means the daylight hours and no more than three sales
per year for a maximum of three days per sale. A garage sale permit
is required for each sale.
GRADE, FINISHED
The final elevation of the ground level after the completion
of development, excavation, or filling.
GRADE, NATURAL
The elevation of the ground level in its natural state, prior
to development, excavation, or filling.
GREEN SPACES
Lands in agricultural use and/or undeveloped lands such as
forests, wetlands, open fields, or meadows, which together can form
continuous blocks or corridors of land available for biodiversity,
groundwater recharge, carbon absorption, and other important ecological
functions. Recreation parks are also considered green spaces.
GROUP FAMILY DAY-CARE HOME
Care for seven to 12 children of all ages in a private home
for more than three hours per day (Said individuals are in addition
to those in the family unit.) by someone who is properly licensed
or certified under the laws of the State of New York.
[Added 10-12-2011 by L.L. No. 5-2011]
GROUP HOME
A residential facility for persons with special needs, as
defined by state and federal laws. In addition to food and shelter,
the home is intended to provide such individuals some combination
of health care, personal care, counseling services, transportation,
and protective supervision in a home setting.
HOME OCCUPATION
A business/occupation, operated out of a dwelling or accessory
structure, that clearly functions as an accessory use to the residential
use, and that is used as a workplace by at least one owner-occupier
of the residence and not more than one additional employee.
HORSE OPERATION
Any establishment where four or more horses are leased and/or stabled for riding, driving, horseback riding lessons, or stabled for compensation, or incidental to the operation of any club, association, ranch, resort, or similar establishment. A horse operation operated in conjunction with a farm operation shall be deemed to be an agricultural accessory use. Minimum acreage and other requirements for the keeping of a horse, as listed in §
98-19, Animal husbandry, shall also apply to horse operations. See also "stable, private."
HOSPITAL
An institution providing health services primarily for human
inpatient or medical or surgical care for the sick or injured, and
including related facilities such as laboratories, outpatient departments,
training facilities, central service facilities, and staff offices
which are integral parts of the facilities. Rest homes, nursing homes,
convalescent home, clinics, and other similar facilities are not included.
JUNKYARD
A lot, site, structure, or part thereof having an area of
100 square feet or more that is used for the collection, storage,
and/or sale of junk such as wastepaper, rags, scrap metal, or other
discarded material. Also, a lot, site, structure, or part thereof
having an area of 100 square feet or more that is used for the collection,
dismantling, storage, and salvaging of machinery or vehicles for the
sale of parts thereof. "Junk" does not include any article or material
which, unaltered or unchanged and without further reconditioning,
can be used for its original purposes as readily as when new, or any
article stored for restoration or display as part of a bona fide hobby
(such as antique automobiles, antique farm machinery, antique engines,
special interest automobiles, etc.).
KENNEL
A use of land and structures where the purchase, sale, care,
breeding, or boarding of dogs, cats, or other household pets is conducted
on a commercial basis.
LAUNDROMAT
A business premises equipped with individual clothes-washing
and drying machines for the use of retail customers, exclusive of
laundry facilities provided as an accessory use in an apartment building
or lodging facility.
LIBRARY
A building in which literary and artistic materials, such
as books, periodicals, newspapers, pamphlets, prints, records, tapes,
and other electronic media, are kept for reading, reference, and lending.
LIGHT INDUSTRY
An establishment engaged in the manufacture, predominantly
from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales, and distribution of such products, but
excluding basic industrial processing, and which results in little
or no impact on the natural environment.
LIVESTOCK
Animals raised and/or housed on a farm, including but not
limited to cattle, sheep, hogs, goats, horses, poultry, farmed deer,
farmed buffalo, fur-bearing animals, and wool-bearing animals.
LODGING FACILITY
Any hotel, motel, inn, or other establishment, other than
a bed-and-breakfast, providing sleeping accommodations for transient
guests, with or without a dining room or restaurant.
LOT
An area of land with definite boundaries, all parts of which are owned by the same person(s) or entity(ies), the boundaries of which were established either by the filing of an approved subdivision plat or by the recording of a deed prior to the adoption of Chapter
98, Zoning, of the Town of Pleasant Valley Town Code.
LOT AREA
The total area within the property lines, excluding external
streets. The property line adjacent to the street 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.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets or roads, when the interior angle of the intersection does
not exceed 135°.
LOT COVERAGE
That percentage of the lot covered by building footprints,
paved areas, and any other impervious surfaces.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT LINES
The property lines that bound a lot as defined herein.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the
lot, which is not a corner lot.
LOT, WIDTH OF
The distance measured at the required minimum front yard
setback along a line at right angles to the depth of lot line and
parallel to the street right-of-way (ROW) line.
MANUFACTURED HOME PARK
Any court, park, place, lot, or parcel upon which two or
more manufactured home dwellings, occupied for dwelling or sleeping
purposes, are located, regardless of whether or not a charge is made
for such accommodation.
MANUFACTURED HOME PARK PLAT
The final drawing on which the manufacture home park plan
is presented to the Zoning Board of Appeals for approval.
MANUFACTURED HOME SITE
A plot of ground within a manufactured home park designed
for the accommodation of one manufactured home dwelling.
MAP, FILED
Any map or plat filed in the County Clerk's office of Dutchess
County.
MAP, OFFICIAL
A map adopted by the Town Board pursuant to the provisions
of § 270 of the Town Law and which may be or may have been
revised according to the provisions of § 273 of the Town
Law, which shows streets, highways, parks, and other features, including
drainage systems.
MINING (including "SOIL MINING")
The extraction of overburden and minerals, other than stone,
from the earth; the preparation and processing of such minerals, including
any activities or processes or parts thereof for the extraction or
removal of minerals from their original location and the preparation,
washing, cleaning, stockpiling or other processing of such minerals
at the mine location so as to make them suitable for commercial, industrial
or construction use, exclusive of manufacturing processes at the mine
location, the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. "Mining" shall
not include the excavation, removal and disposition of minerals from
construction projects or excavations in aid of agricultural activities.
In addition, the removal of fewer than 750 cubic yards or 1,000 tons,
whichever is less, of minerals from the earth within any 12 consecutive
months shall not be considered "mining."
MIXED USE
Any combination of residential and nonresidential uses, typically
residential and commercial/office, on the same lot or in the same
building.
MODULAR HOUSING
Two or more prefinished units, built at a plant or factory
and transported to a building site and there assembled, united, and
installed on a permanent foundation, comprising one or more dwelling
units.
MOTOR VEHICLE FUELING FACILITY
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories.
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building used for making repairs
to motor vehicles, their mechanical systems, and their body structure,
including painting; includes the incidental, temporary storage of
motor vehicles undergoing repair.
MOTOR VEHICLE SALES
A building and/or area used for the rental, lease, sale,
and/or resale of motor vehicles, new or used.
MOTOR VEHICLE WASH FACILITY
A building and/or area used for the washing, spraying, waxing,
polishing and/or drying of motor vehicles and/or the vacuuming or
dry cleaning of same.
MOVIE THEATER
A building or part thereof devoted to the showing of motion
pictures on a paid-admission basis.
NET DENSITY
The base number of allowable residential units on a site after the unconstrained land [see §
82-22A(1)] has been determined and then divided by the allowable number of units per acre as determined by the recommended lot size for the zoning district.
[Added 10-12-2011 by L.L. No. 5-2011]
NURSING HOME
An establishment where persons are housed and provided with
meals, household services, and professional nursing care in a group
setting. The term "nursing home" includes assisted-living facilities,
hospices, convalescent homes, rest homes, and other similar facilities
where people are both housed and cared for.
OFFICE
A business, professional, or nonprofit workplace, including
but not limited to professional offices for attorneys, accountants,
health care practitioners, architects, engineers, surveyors, consultants,
sales representatives, real estate brokers, and financial planners.
Light industrial processes, retail sales, construction, and warehousing
do not occur on the premises. Also includes research laboratories
and other facilities in which research activities are conducted.
OVERLAY DISTRICT
A district, with supplementary regulations, which is superimposed
upon existing use districts. Such districts are mapped and on file
with the Town Clerk.
PARKING SPACE
The area required for parking one automobile, which in this chapter is held to be an area as prescribed in §
98-42.
PLAT
A map or plan submitted to the Planning Board as part of an application for subdivision approval. (See Chapter
82, Subdivision of Land.)
PORCH
See "deck or porch."
PORCH, ENCLOSED
A structure attached to a building with a floor, roof, and
structural supports, and enclosed on at least two sides (or any portion
of two sides) with either walls, glass, or other solid materials.
A porch does not need to be heated or insulated to be considered "enclosed."
Screens shall not be considered a solid material.
PRIVATE ROAD
A privately owned road held in common ownership by a homeowners'
association governing four or more residences.
PUBLIC UTILITY FACILITY
An installation used by a public agency or a specially franchised
public utility to supply or transmit electric, gas, water, sewage
disposal, cable television, telephone service, or other utility service,
excluding electric power plants and gas wells. Included are such facilities
as substations, high-voltage transmission lines, pump stations, water
supply wells, water towers, and telephone substations. Utility distribution
facilities serving customers directly are considered customary accessory
uses, not public utility facilities.
QUARRY; SAND PIT; GRAVEL PIT; TOPSOIL STRIPPING
The extraction of any type of stone from the earth and the
preparation, washing, cleaning, crushing, stockpiling and other processing
of stone at the location so as to make it suitable for commercial,
industrial or construction use.
RECOMMENDED LOT SIZE
The minimum lot acreage that is used to calculate the average
density for a zoning district. A lot within a subdivision may be smaller
than the recommended lot size for the zoning district only if the
reduced acreage of the smaller lot is offset by increased acreage
of another lot or lots within the subdivision, such that the combined
acreage divided by the number of lots equals or exceeds the recommended
lot size. Such larger lots shall be permanently restricted by deed
and subdivision plat from further subdivision.
[Added 10-12-2011 by L.L. No. 5-2011]
RECREATIONAL VEHICLE
A vehicular, portable structure built on a chassis, designed
as a temporary one-family dwelling for travel, recreation, and vacation,
having a body length not exceeding 40 feet, and including motor homes
and camping trailers.
RELIGIOUS INSTITUTION
A church, synagogue, mosque, temple, or other place of religious
worship, as well as a monastery or other place of religious retreat.
RESTAURANT
An establishment where food and drink are prepared, served,
and consumed by customers on the premises.
RESTAURANT, FAST-FOOD
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off the premises.
ROOF
The cover of any buildings, including the eaves and similar
projections.
ROOFLINE
The highest point of a roof or building parapet, excluding
any cupola, chimney, or other minor projection.
SETBACK
The required minimum distance from a property line; refer
to the Schedule of Area and Bulk Requirements for specific setback
requirements.
SHED
A temporary or permanent structure for accessory storage.
The term "shed" does not include a shipping container, truck body,
or any type of vehicle.
STABLE, PRIVATE
An accessory structure in which horses are kept for private
use and not for hire or remuneration.
STORAGE, BULK
The accumulation of wholesale quantities of raw or finished
materials (solids, liquids, or gases) preparatory to use in a manufacturing
process or to retail sales, a permanent reserve being maintained.
Junk and scrap materials do not qualify as "bulk storage."
STORAGE, OUTDOOR
Land used for the keeping of materials or equipment outside
any building or structure. The term "outdoor storage" does not include
"junkyards." Land used for temporary storage of construction materials
or equipment, as an accessory use to a construction project, is not
to be considered outdoor storage.
STORAGE, SELF-SERVICE
A building consisting of individual, private, self-contained
storage units that are leased to individual parties.
STORY
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, then the space between any floor and the ceiling
next above it.
STORY, HALF
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 story.
STORY, HEIGHT OF
The vertical distance from the top surface of the floor to
the top surface of the floor next above. The height of the topmost
story is the distance from the top surface of the floor to the top
surface of the ceiling joists.
STREET
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular, pedestrian,
and bicycle travel, and furnishing access to abutting properties,
which may also be used to provide space for sewers, public utilities,
shade trees, sidewalks, and streetscape amenities.
STREET LINE
The dividing line between the street and the lot, as indicated
by dedication, deed, or record.
STRUCTURE
Anything constructed or erected, the use of which requires
location on, in, or under the ground or attachment to something having
location on the ground. Any impervious surfaces are considered a structure
and require a no-fee building permit.
STRUCTURE, ACCESSORY
A structure either attached or detached from and subordinate
to a principal building on the same lot and used for purposes customarily
incidental to those of the principal building or use, including accessory
dwellings (which require site plan review and approval by the Planning
Board).
STRUCTURE, NONCONFORMING
A structure which does not satisfy the dimensional requirements
of this chapter for the district in which it is located, but which
was not in violation of applicable requirements when constructed.
STRUCTURE, PRINCIPAL
A structure in which is conducted the main or principal use
of the lot on which said structure is situated.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure or exceeds 50% of the original floor area, either before
the improvement or repair is started or, if the structure has been
damaged and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor or
other structural part of the structure commences, whether or not that
alteration affects the external dimensions of the structure. The term
does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure listed on the National Register
of Historic Places or a state Inventory of Historic Places.
THEATER, PERFORMING ARTS
A building or part thereof devoted to the showing of live
theatrical, musical, dance, or other performances.
TOWNHOUSE
A building on its own separate lot containing one dwelling
unit that occupies space from the ground to the roof, and is attached
to one or more other townhouse dwelling units by at least one common
wall.
TRAILER, OFFICE
A vehicular, portable structure built on a chassis designed
for temporary facility for such uses as banking, on-site construction
supervision, and other office or clerical uses. For on-site construction
supervision, the office trailer shall be removed from the premises
when such construction is completed.
USE
The specific purpose for which land or a building is designed,
arranged, 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.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as such principal use
or building.
USE, NONCONFORMING
Any use lawfully existing prior to and at the time of the
adoption or amendment of this chapter or any preceding zoning law
or ordinance, which use is not permitted by or does not conform to
the permitted use provisions of this chapter for the district in which
it is located. A preexisting lawful use which is allowed only by special
permit under this chapter shall be considered a nonconforming use
until such time as a special permit is granted for it.
USE, PRINCIPAL
The main or primary purpose for which a structure or lot
is designed, arranged, or intended, or for which it may be used, occupied,
or maintained under this chapter.
USE, SPECIAL
A use that meets the intent and purpose of the zoning district
but which requires the review and approval of the Planning Board in
order to ensure that any adverse impacts on adjacent uses, structures,
or public services and facilities that may be generated by the use
can be, and are, mitigated.
VARIANCE
A grant of relief from the requirements of this chapter which
permits construction and/or use of land in a manner that would otherwise
be prohibited by this chapter.
VERNAL POOLS
Seasonal bodies of water that attain maximum depths in spring
or fall, and lack permanent surface water connections with other wetlands
or water bodies. Vernal pools do not support fish populations, but
allow for a community of a diverse group of invertebrates and amphibians
that depend upon temporary pools as breeding ponds. A vernal pool
in a woodland setting is referred to as an "intermittent woodland
pool."
VETERINARY CLINIC
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment, and excluding
the treatment or other care of humans.
(1)
SMALL ANIMALIncludes household pets such as a dog, cat, rabbit, or hamster.
(2)
LARGE ANIMALIncludes animals such as a horse, cow, llama, mule, pony or hog.
WAREHOUSE
A building or part thereof used for the storage of commercial
goods, wares, or merchandise, whether for the owner or for others,
and whether it is a public or private warehouse.
WATER BODY
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. Wetlands contiguous to the water body are considered
part of the water body.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks, and
includes any area adjacent thereto subject to inundation by reason
of overflow or floodwater.
WAY
A street, alley, or other thoroughfare or easement permanently
established for passage of persons or vehicles.
WETLANDS
Wetlands (swamps, marshes, bogs, and similar areas) are areas
saturated by surface water or groundwater sufficient to support distinctive
vegetation adapted for life in saturated soil conditions. Wetlands
serve as natural habitat for many species of plants and animals and
absorb the forces of flood and tidal erosion to prevent loss of upland
soil. Protection of wetlands is defined by the rules, regulations,
and policies of the New York State Department of Environmental Conservation
and/or the United States Army Corps of Engineers, and/or the Town
of Pleasant Valley.
WILDLIFE PROFESSIONAL
A person who meets the education and experience requirements
of a certified wildlife biologist as defined by a professional organization
that certifies wildlife professionals.
YARD, FRONT
An unoccupied space on the same lot with a building, between
the front line of the building and the 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 street 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 an arterial highway.
YARD, REAR
An open, unoccupied space on the same lot with a building
or structure, between the rear line of the building or structure and
the rear line of the lot and extending the full width of the lot.
YARD, REQUIRED
The minimum setback measured from a front, side, or rear
property line.
YARD, SIDE
An open, unoccupied space on the same lot with a building
or structure, situated between the building or structure 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.