Definitions of words and terms.
ACCESSORY DWELLING
A separate dwelling unit located on the same lot with and
detached from any dwelling and is a secondary use on the lot.
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory building" may include a private
garage, garden shed, a private playhouse and a private greenhouse.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by depicting or describing
specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, nonalcoholic bar or similar
commercial establishment, either public or private, which regularly
features:
(1)
Persons who appear in a state of nudity;
(2)
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
(3)
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT HOME
A home for adults conforming to the standards of adult homes
as established by the State of New York and providing a residence
for adults and/or children who need care or assistance or a place
to live, but who do not require assistance for basic living functions.
ADULT MOTEL
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration,
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT RETAIL STORE
(1)
A commercial establishment which, as one of its significant
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(a)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, video cassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
(b)
Instruments, equipment, devices or paraphernalia primarily intended,
labeled, designed, advertised or promoted for use in connection with
specified sexual activities.
(2)
A commercial establishment may have other significant business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an "adult retail store" so long
as one of its significant business purposes is the offering for sale
or rental for consideration the specified materials which depict or
describe specified sexual activities or specified anatomical areas.
For purposes of this definition, "significant business purpose" shall
mean 25% or more of any of the following:
(a)
The number of different titles or kinds of merchandise;
(b)
The number of copies or pieces of such merchandise;
(c)
The amount of floor space devoted to the sale and/or display
of such merchandise; or
(d)
The amount of advertising which is devoted to such merchandise,
either in print or broadcast media.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances that are characterized by the exposure
of specified sexual activities or specified anatomical areas.
ADULT USE AND ENTERTAINMENT ESTABLISHMENT
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or g-strings or both;
adult arcade; adult bookstore or adult video stores; adult cabarets;
adult motels; adult motion picture theaters; and sexual encounter
centers. Adult use and entertainment establishments customarily exclude
minors by reason of age.
AGRICULTURAL DATA STATEMENT
A written statement required when certain land use determinations
within 500 feet of a farm operation located in a NYS Agricultural
District takes place. The statement must include information about
the proposed project, and is included in the application for project
approval. A notice of the project application is mailed to owners
of land associated with the neighboring farm operation identified
in the statement. The Planning Board is required to evaluate and consider
the statement in its review of possible impacts of a project on nearby
farm operations.
AGRICULTURAL PROCESSING, COMMERCIAL
A commercial building or buildings, including accessory buildings
totaling no larger than 10,000 square feet where animals are killed
and processed into meat foods, or a facility where plants and plant
products are processed into canned, frozen, or fresh food products.
AGRICULTURAL STRUCTURE
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock, or other horticultural products. This
structure shall not be a place of human habitation but used in the
raising, growing or storage of agricultural products by a farmer engaged
in a farming operation including but not limited to barns, sheds,
poultry houses and other buildings and equipment on the premises used
directly and solely for agricultural purposes. Wind turbines and solar
panels that supply no more than 110% of the electrical needs of a
farm operation shall also be considered an agricultural structure.
AGRICULTURAL USE, ANIMALS
The use of land for harboring, raising, harvesting, selling,
keeping, or feeding domesticated farm animals, including but not limited
to, grazing, breeding, managing, selling, or producing livestock,
poultry, fur-bearing animals or honeybees, or by dairying and the
sale of dairy products, or by any combination thereof. It also includes
the use of land for stabling or training equines, including but not
limited to providing riding lessons, training clinics, and schooling
shows, including other on-farm niche marketing promotions. Slaughterhouses,
meat packing facilities, hide tanning operations, and operations which
utilize animals in research, shall not be considered an animal agricultural
use. The keeping of household pets for personal enjoyment shall not
be deemed agricultural use, animals and shall be allowed in all zones.
AGRICULTURAL USE, CROPS
The use of land for raising, harvesting, and selling crops
by horticulture, floriculture, viticulture, aquaculture, hydroponics,
silviculture, or by any combination thereof. A garden accessory to
a residential use shall not be deemed an agricultural use.
AGRICULTURAL-RELATED BUSINESS
A secondary business located on a farm operation that processes,
sells or uses products grown primarily on that farm, including but
not limited to agritourism, canning or freezing of plant products,
sale of farm products, farm restaurant, commercial greenhouse, or
brewery or distillery.
AGRITOURISM
Activities conducted on a farm and offered to the public,
or to invited groups, for the sale of agricultural products, education,
recreation or active involvement in the farm operation. An agritourism
activity may be secondary to the primary farm use on a property. Agritourism
activities may be conducted in an accessory building or structure.
Agritourism activities include, but are not limited to, on-farm bed
and breakfasts, farm stay programs, u-pick operations, and pumpkin
patches.
AIRCRAFT REPAIR OR RESTORATION
An establishment that engages in the repair and/or restoration
of modern, classic or antique aircraft. The facility operator must
employ only FAA certified mechanics and shall submit documentation
of such to the fixed based operator of the Columbia County Airport.
AIRPORT AND ANCILLARY USES
A facility where aircraft can land and take off. Ancillary
uses shall include hangers for aircraft storage, whether owned or
leased, refueling facilities, tiedown areas and sales and service
of aircraft and products accessory to aircraft or those required by
pilots and/or owners. The sale, installation and repair of electronic
equipment shall be included.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement
whether by extending on a side or by increasing in height; or moving
from one location or position to another; the term "alter" in its
various modes and tenses and its participial form refers to the making
of an alteration.
ARTISTS CULTURAL CENTER OR RETREAT
Land and buildings used as a meeting place, retreat and/or
exhibition center for the exchange of ideas between artists, members
of the professional art community and the general public. Artists
shall include persons working in all art forms and mediums, including,
but not limited to, painters, sculptors, authors, screen writers,
playwrights, film makers, musicians and photographers. A cultural
center or retreat may provide indoor and outdoor exhibition space,
work space, meeting space, lecture halls, performance space and sculpture
parks, as well as living and dining facilities for the staff, artists
and participants in the center's or retreat's programs.
AUTOMOBILE LEASE/RENTAL FACILITY
A facility where vehicles are leased or rented. This use
shall include all areas, whether enclosed or open, where such vehicles
are stored. No repair services other than necessary washing and cleaning
or fueling shall be performed on the premises.
BED-AND-BREAKFAST FACILITY
A dwelling that offers overnight lodging consisting of up
to four rooms to guests on a temporary basis and that may also offer
breakfast to its guests only. A facility that qualifies as a motel,
hotel, restaurant or camp ground shall not be considered to be a bed-and-breakfast
facility.
BILLBOARD
A sign that directs attention to a business, commodity, service,
entertainment or attraction sold, offered or existing elsewhere than
upon the same lot where such sign is displayed, or only incidentally
sold, offered or existing upon such lot.
BUFFER AREA
An undeveloped part of a property or an entire property specifically
intended to separate and thus minimize the effects of a land use activity
(e.g., noise, dust, visibility, glare, etc.) on adjacent properties.
Natural vegetative covers existing within the buffer area shall be
encouraged to be preserved as part of that buffer to the maximum extent
practical.
BUILDING
A structure with a roof supported by columns or walls and
having a ground area of more than 50 square feet.
CABIN
Any structure designed primarily for seasonal use, not greater
than 500 square feet, and not used or capable of being used for year-round
residency.
CAMPGROUND
A transient outdoor recreational activity on a parcel of
land in which are located two or more tents, yurts, shelters, recreational
vehicles, or other accommodations of a design or character suitable
for seasonal or temporary living purposes, but not including a manufactured
home park, boarding house, hotel or motel, bungalow colony, or permanent
storage and use of any such accommodations. A seasonal campground
may not serve as a place for permanent residency, but is a place for
vacationers or for recreational purposes for no more than eight months
per year.
CAR WASH
A structure or building designed for the washing, waxing,
simonizing or similar treatment of automotive vehicles as its principal
function. A filling station having portable washing equipment shall
not be deemed to be a car wash where such use is an accessory service
to the principal service of the filling station.
CLUB, COUNTRY
A club for golfing, tennis, swimming, hunting, fishing, horseback
riding or similar sports.
COMPOST FACILITY - ON FARM
A farm operation related commercial establishment designed
to manage and control the process of degrading organic matter by microorganisms.
A composting facility can accept no more than 1,000 cubic yards of
source-separated organic waste per year, animal manure and associated
animal bedding material, not more than 3,000 cubic yards of yard and
brush waste and food waste. Organic materials suitable for a composting
facility shall not include construction and demolition debris, organic
materials containing heavy metals, or sewage sludge.
CONCERT
A program of vocal or instrumental music.
CONTRACTOR FACILITY
A parcel of land used for the storage of vehicles, equipment
and materials used by a general contractor, excavation contractor,
plumber contractor, electrical contractor or similar business including
any office space and the repair and maintenance of vehicles and equipment
owned by the on-premises business. This use shall also allow for the
fabrication of components used as part of the contractor's normal
course of business (i.e., a general contractor may have a woodworking
shop, an electrical contractor may assemble lighting components, etc.).
COURT
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings, which is bounded on two
or more sides by such building or buildings. An offset to a court
shall be deemed a separate court for the purpose of determining its
required dimensions.
COURT, DEPTH OF
The maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OF
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
COURT, OUTER
A court extending to a street line or opening on another
outer court or any required front, side or rear yard.
COURT, WIDTH OF
The horizontal dimension parallel to the principal open side
in the case of an outer court; and the least horizontal dimension
in the case of an inner court.
DWELLING
A building (other than a mobile home) arranged, intended
or designed to be occupied by one or more families living independently
of each other upon the premises.
DWELLING UNIT
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
EXHIBITION
A show or display for entertainment or competition.
FAMILY
One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit. For the purposes of this chapter, there shall be a presumption that more than three persons exclusive of domestic servants, not related by blood, marriage or adoption and occupying the dwelling unit as a single, nonprofit housekeeping unit shall not constitute one family, except for a foster home. This presumption may be rebutted by an applicant in accordance with the procedure set forth in §
190-57 of this chapter.
FARM MARKET
A structure larger than 400 square feet, where one or more
farmers or vendors sell agricultural produce to the public on a permanent
basis, whether seasonal or year-round.
FARM STAND
A temporary use of a structure including small buildings,
carts, wagons or stands for the display and sale of farm products
produced primarily on the parcel on which the farm stand is located,
and not more than 400 square feet in size. It may have one sign with
a maximum of six square feet in size. A farm stand that is temporary
and has a horizontal display area of 400 square feet or more requires
a special permit. A farm stand that is in a permanent structure or
within a building used for other purposes shall be considered a farm
market.
FARM WORKER HOUSING
An accessory apartment or other dwelling used to house farm
workers on a parcel of land used as farm operation.
FARM, OPERATION
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a "commercial horse boarding
operation" as defined in subdivision 13 of Article 25-AA of the Agricultural
Districts Law and "timber processing" as defined in subdivision 14
of Article 25-AA. Such farm operation may consist of one or more parcels
of owned or rented land, which parcels may be contiguous or noncontiguous
to each other.
FENCE
A structure designed either to limit access to a land area
or to screen such area from view, or both.
FESTIVAL
An occasion or event for celebration including cultural performances,
entertainment or exhibitions. This does not include a private party
hosted at a private residence and not open to the general public for
attendance, which is considered to be an accessory use to the private
residence.
FILLING STATION
A building or lot or part thereof supplying or selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A filling station may include a convenience
store or accessory facilities for rendering service for motor vehicles,
such as lubrication, washing, and minor repairs. It shall not include
a used car lot.
FLOOD AREA OVERZONE (FAO)
Provisions regarding regulations for flood zones are now
covered separately by Local Law No. 1 of the year 1987, entitled a
"Local Law Regulating The Flood Area Overzone in the Town of Ghent."
FOOD PROCESSING FACILITY
A business premises used for the transformation of raw ingredients,
by physical or chemical means, into food, or of food products into
other forms. Food processing may include the cutting and packaging
of meat, poultry and fish, baking, blending, curing or brining, grinding,
roasting, smoking, or packing or repackaging in bulk. This does not
include Agricultural Processing, Commercial.
FRONTAGE
The linear distance between the side lots measured parallel
and adjacent to the roadway on which the parcel fronts at the edge
of the roadway.
GREENHOUSE, NURSERY
A structure where plants are cultivated and sold for retail
or wholesale purposes.
HAMLET
An unincorporated grouping of cluster of residences and businesses.
HEALTH CLUB
An entity providing space and equipment for health and athletic
purposes or providing exercise and physical benefit to members and
guests on the premises.
HEIGHT OF STRUCTURE OR BUILDING
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of such structure.
HOME OCCUPATION-1 (HO-1)
A business resulting in a product or service for financial
gain, conducted wholly or partly within a dwelling unit as a nonresidential
use that is secondary and subordinate to the use of the dwelling for
living purposes and which does not change the residential character
of the dwelling unit or vicinity. The enterprise is conducted by an
owner/operator who must reside on the premises and does not employ
more than three persons, in addition to the owner/operator and any
other family participants in the home occupation who reside on the
premises. Exterior evidence of this secondary use, if present at all,
is limited to a small sign or lawn plaque. Few customers, clients,
or other business associates enter the premises daily. The business
does not store business products, equipment or vehicles outside. The
enterprise normally produces only household quantities and types of
waste and does not involve delivery truck visits or other traffic
beyond that expected of a typical residence.
HOME OCCUPATION-2 (HO-2)
A business activity resulting in a product or service for
financial gain, conducted wholly or partly within an accessory structure
no larger than 1,000 square feet as a nonresidential use that is secondary
and subordinate to the use of the parcel for living purposes and which
does not change the residential character of the parcel or vicinity.
The enterprise is conducted by an owner/operator who must reside on
the premises and does not employ more than three persons, in addition
to the owner/operator and any other family participants in the home
occupation who reside on the premises. A sign is likely to be present.
Other exterior evidence of this secondary use includes customers,
clients, and other business associates entering the premises daily.
HOME OCCUPIED BUSINESS
A business which is carried out in an outbuilding of a lot, larger than 1,000 square feet but less than 1,600 square feet in a new outbuilding or less than 5,000 square feet in an existing outbuilding. Such lot shall also contains the principal residence of the owner of the business. A home occupied business must meet all of the requirements set forth in §
190-9 of this Zoning Chapter.
HOME PROFESSIONAL OFFICE
A home occupation or home occupied business for the office
or studio of a resident physician, surgeon, dentist or other person
licensed by the State of New York to practice a healing art, lawyer,
architect, artist, engineer or teacher, with a limitation of no more
than five personnel, including the proprietor(s), and with a maximum
square footage of 1,600 square feet. Any such use involving more personnel
or more square footage shall be considered to be a commercial use
and shall not be considered to be a professional office, nor permitted
in a residential zone. The square footage requirement referred to
herein for a new building shall include the total of all floor areas
except for any floor area where the floor to ceiling height requirement
is less than six feet. The square footage referred to herein for an
existing building shall be the area which is actually being used for
a professional office. Only one professional office is permitted per
dwelling, and to qualify as a home professional office, the operator(s)
of the office must live in the dwelling or on the parcel containing
the outbuilding.
HORSE BOARDING OPERATION
An agricultural activity that provides care, housing, health
related services and training to animals kept on the premises or on
other properties owned or leased by the farm operator. Riding and
training activities that are directly related to and incidental to
the boarding and raising of horses, including riding lessons for persons
who own or have a long-term lease from the farm owner for the horse
that is boarded at the farm and used for such activities, are part
of the farm operation. Horse shows for horses either boarded at or
owned by the farm operation, which are not open to the general public,
are also part of the farm operation. A riding academy is not considered
to be an agricultural activity under the New York State AML. A riding
academy generally offers riding lessons to the public and to individuals
that do not own or have a long-term lease for the horse that is boarded
and used at the facility for such riding.
KENNELS
The keeping of two or more dogs over six months of age for
sale or for boarding purposes, if the dogs are not owned by the owner
or occupant of the premises. Also, the keeping of four or more dogs
over six months of age for any purpose if the dogs are owned by the
owner or occupant of the premises.
LODGINGS
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct access and related office, and with or without restaurant facilities,
designed primarily for transient automobile travelers and provided
with accessory off-street parking facilities. The term "lodging" includes
buildings designed as inns, tourist courts, motor lodges, motels,
hotels, auto courts and other similar appellations, excluding bed-and-breakfasts,
but shall not be construed to include parking areas for house trailers
or mobile homes or dwelling units except for that of a manager or
property caretaker.
LOT
A parcel of land occupied or used by one main building or use with its accessory buildings and the required open spaces. For the purposes of this chapter, any real property owned by the same party or parties which is contiguous, and regardless of when obtained, shall constitute one lot, subject, however, to the provisions of Article
IX. For the purposes of this chapter, any parcel which is completely divided by a Town, county or state highway shall constitute a separate lot. Each lot shall be fully subject to the dimensional requirements of this chapter.
LOT AREA
The total horizontal area included within lot lines.
LOT COVERAGE
The percentage of the area of the lot covered by a building
or buildings.
LOT LINE
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed a side lot line.
LOT LINE, FRONT
The street right-of-way line at the front of a lot. On a
corner lot, the owner may specify the front lot line on the plot plan.
LOT WIDTH
The dimension measured from side lot to side lot, measured
at the place where the main improvement is to be located.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
MANUFACTURED HOME, DOUBLE-WIDE
A dwelling unit, transportable in two sections, which in
the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is a minimum of
700 or more square feet, and designed to be used as a dwelling with
a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning and electrical systems
contained therein. A recreational vehicle is not included in this
definition. Manufactured homes differ from modular or industrialized
housing.
MANUFACTURED HOME, SINGLE-WIDE
A dwelling unit, transportable in one section, which in the
traveling mode, is eight body feet or more in width or 40 body feet
or more in length, or, when erected on site, is 700 or more of square
feet, and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems contained
therein. A recreational vehicle is not included in this definition.
MANUFACTURED HOUSING
Factory-built single-family structures that meet the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
Sec 5401), commonly known as the HUD Code. Mobile homes are manufactured
housing. Manufactured homes and mobile homes are normally built in
one or two pieces and transported to the site with a chassis that
allows the home to be moved. A manufactured house is a house built
in conformity with the provisions of the federal HUD Code. Mobile
homes are those built prior to the adoption of the HUD Code.
MEMBERSHIP CLUB, NONPROFIT
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic association catering exclusively to
members and their guests primarily for a patriotic, fraternal, benevolent,
social, educational, religious or political purpose. The club shall
not be used in whole or in part for the conduct of any business or
enterprise for profit, but this shall not be construed as preventing
the utilization of a club for benefits or performances for a recognized
charity; nor for the meeting of other organizations, nor for educational
and cultural purposes.
MINING
The excavation or extraction of earth, sand, gravel, stone,
quarry material, clay, loam, humus, top soil or other earth material
from a lot and removal thereof from that lot; or any temporary storage
of such materials by stockpiling, or any processing of excavated or
stockpiled materials, or any of the related land use activities engaged
in during the above activities, such as construction of buildings,
barriers and other structures, clearing of property, removal or placement
of trees, vegetation and earth material, or the regrading or movement
of earth material within the boundaries of a single lot or subdivision.
MINING OVERZONE MAP
The map established by the Town of Ghent showing those areas
in the Town where mining shall be permitted by special permit subject
to the regulations set forth in this chapter. Mining shall not be
permitted in any other areas in the Town of Ghent except as expressly
otherwise permitted in the mining law set forth in this chapter.
MINOR
A person less than 18 years of age.
MIXED-USE BUILDING
A building with space for permitted commercial, business,
or office use, and space for residential use.
MOBILE HOME
Manufactured homes built prior to the adoption of the HUD
Code.
MOBILE HOME LOT
A designated site of specific total land area which is located
within a mobile home park for the accommodation of one mobile home
or its occupants.
MOBILE HOME PARK
Any parcel of land which is planned and improved for the
placement of two or more mobile homes which are used as dwellings
and for occupancy of more than 90 consecutive days.
MOBILE HOME STAND
A durable surface located on a mobile home lot which is to
be used for the placement and capable of supporting a mobile home.
MODULAR HOME
A factory-fabricated New York State code approved transportable
building unit designed to be used as a residence. Modular homes typically
are manufactured in one or more pieces and transported to the site
for placement on a permanent foundation.
MULTIPLE DWELLING
A building or portion thereof containing three or more dwelling
units designed or used for occupancy by three or more families living
in separate areas, including senior housing. In accordance with the
New York State Building Code, a multiple dwelling shall be considered
a commercial use.
MULTIUSE INDUSTRIAL/COMMERCIAL STRUCTURE
A single structure which was designed for and occupied by
more than one permitted commercial use. The minimum lot size required
for this type of use shall be computed by adding 20,000 square feet
for each use within the structure to the minimum lot size required
within the zone.
MUSEUM
A place for exhibiting for public display works of art, science,
invention, education, antiquities, curiosities or objects of natural
history.
NONCONFORMING STRUCTURE
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure, which does
not conform to the Table of Dimensional Regulations of this chapter
for the district in which it is situated, irrespective of the use
to which such structure is put.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof,
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use, which does not conform to the Table of
Use Regulations of this chapter for the district in which it is situated.
NONNUISANCE COMMERCIAL BUSINESS
Includes all light manufacturing and assembly, packaging, finishing or treating of products carried on completely within an enclosed structure, and involving no permanent outside storage of equipment or materials. Said use shall not include any commercial operations which would: a) cause danger of fire or explosion; or b) which shall result in significant objectionable vibration, noise, smoke, fumes, odor, dust, gas fumes, chemicals, radiation, or other waste materials, including hazardous waste, which would: i) cause a nuisance; or ii) adversely effect other private or public properties. Excludes any industrial operation and all other permitted uses in Appendix C. Nothing herein shall in any way restrict or limit the requirements or language of §§
190-12,
190-22 and
190-23.
NUDITY or STATE OF NUDITY
The appearance of:
(1)
Human bare buttocks, anus, male genitals, female genitals or
areola or nipple of the female breast; or
(2)
State of dress which fails to opaquely and fully cover human
bare buttocks, anus, male genitals, female genitals or areola or nipple
of the female breast.
NURSERY SCHOOL
A building or structure, together with its lot and its accessory
uses, building and structure, used as an organized instructional facility
for five or more enrolled children other than the children of the
resident family, but not provided with customary commercial public
recreation such as Ferris wheel or roller coasters, and not furnishing
sleeping quarters except for the resident family.
NURSING HOME
A facility licensed by the State of New York pursuant to
the Public Health Law providing nursing care to sick, invalid, infirm,
disabled or convalescent persons in addition to lodging and board
or health-related service, or any combination of the foregoing and,
in addition thereto, providing nursing care and health-related service,
or either of them, to persons who are not occupants of the facility.
OFFICES: BUSINESS, PROFESSIONAL OR UTILITY
A room, group of rooms or building used primarily for conducting
the affairs of a business, profession, service, industry or government,
or like activity, that may include ancillary services such as cafeterias
and lounges. To qualify as a professional office, this use must also
meet the definition of professional office as set forth herein. However,
a use for conducting the affairs of a profession or service which
does not meet the definition of professional office because of the
number of personnel or square footage will still be deemed to be a
business office if it otherwise qualifies as such under this definition.
OPEN SPACE
Land used for the purpose of recreation, resource protection,
amenity or buffers; freely accessible to all residents and protected
by the provisions of this chapter to ensure that it remains in such
uses. Open space does not include land occupied by buildings, roads
or road right-of-way; nor does it include the yard or lots of single
or multifamily dwelling units or parking areas as required by the
provision of this chapter. Open space shall be left in a natural state
except in the case of recreation uses, including recreational buildings.
PARKING AREA
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
PARKING GARAGE
A building designed for the parking or storage of vehicles
or trailers.
PARKING SPACE
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area. Each space shall
be no less than nine feet by 18 feet.
PERMITTED USE
A specific main use of a building, structure, lot or land,
or part thereof, allowed by this chapter in a particular district
as a matter of right. Any use which is not listed as a permitted,
special permit or accessory use, or one requiring a site plan or modified
site plan approval, shall be considered a prohibited use.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PLANNED RESIDENTIAL DISTRICT
Planned Residential District shall be considered a special district which may be granted as a zoning change to a developer for the purpose of building a residential community or neighborhood containing a variety of housing types. Such zoning change shall be granted according to the procedures in Article
III of this chapter. A Planned Residential District is permitted in the following districts: Rural Residential/Agricultural-1 (RRA-1), Rural Residential/Agricultural-2 (RRA-2), Hamlet Residential (HR) and Village Residence (VR).
PRIVATE RECREATION AREA, NONPROFIT
A park, playground or recreation area operated by a nonprofit
organization for the primary purpose of providing relaxation or an
opportunity for the playing of games or sporting activities.
PROFESSIONAL OFFICE
A building used for an office by a duly licensed architect,
medical doctor, dentist, psychologist, psychiatrist, therapist, lawyer,
insurance agent, real estate broker, stockbroker, ophthalmologist,
optometrist, optician, engineer or surveyor, with a limitation of
no more than nine personnel, including the proprietor(s) and with
a maximum square footage of 1,600 square feet. Any such use involving
more personnel or more square footage shall be considered to be a
commercial use and shall not be considered to be a professional office,
nor permitted in a residential zone. The square footage requirement
referred to herein for a new building shall include the total of all
floor areas except for any floor area where the floor to ceiling height
requirement is less than six feet. The square footage referred to
herein for an existing building shall be the area which is actually
being used for a professional office.
PROHIBITED USE
A use of a building, structure, lot or land, or part thereof,
which is not listed as a permitted, special permit or accessory use
or as a use requiring site plan or modified site plan approval.
RACETRACK
A course prepared for racing. This shall include motorized
racing or animal racing, but not human racing. This does not include
a temporary course which will be completely dismantled immediately
after the event is concluded. This does not preclude incidental items
for exhibitions such as barriers, fencing and guardrails, which will
be immediately dismantled after the conclusion of such exhibition.
A temporary course is not a use but may be permitted in connection
with an exhibition or festival.
RECREATIONAL VEHICLE (RV)
A vehicle that is either self-propelled or towed, is primarily designed to provide temporary living quarters for recreational, camping or trailer use and does not require a special permit to legally use the highways. Recreational vehicles include motor homes, tiny houses on wheels, travel trailers, fifth wheel trailers and folding camping trailers. Any RV used as a dwelling unit for a period of more than eight months per year must meet the requirements §
190-7 of manufactured housing.
RESEARCH INSTITUTE OR LABORATORY
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products, and uses accessory thereto; with respect to the
application of this chapter, such research institute or laboratory
shall meet the standards of a nonnuisance industry.
RESIDENTIAL DISTRICT
Refers to the HR (Hamlet Residential), RRA-1 and RRA-2 (Residence/Agricultural),
and VR (Village Residential) districts.
RESTAURANT
A public eating place that may or may not have a liquor license.
The principal activity shall be the service of food to the public,
and a secondary activity may be alcoholic beverage sales to supplement
the service of food. Music for or dancing by patrons only (but no
other live entertainment) shall be considered as an accessory use
to a restaurant. A patron is someone who comes to such establishment
for his/her personal use and enjoyment only, and does not receive
any form of remuneration or payment for being there.
RETAIL SHOPPING CENTER
A group of two or more commercial establishments planned,
constructed and managed as a total entity with customer and employee
parking on site, and with provisions for goods delivery separated
from customer access.
RIDING ACADEMY
A commercial establishment that generally offers riding lessons
to the public and to individuals that do not own or have a long-term
lease for the horse that is boarded and used at the facility for such
riding.
RIGHT TO FARM LAW
A state, county, or local law passed that states that an
agricultural practice used on land subject to an agricultural assessment
shall not constitute a private nuisance, when an action is brought
by a person, provided such agricultural practice constitutes a sound
agricultural practice pursuant to an opinion issued upon request by
the commissioner of NYS Department of Agriculture and Markets.
ROADSIDE STAND
A place for the sale of farm or home occupation products
actually produced on the parcel on which the roadside stand is located.
A structure shall not qualify as a roadside stand if it is located
within any building that is used for any other use.
SAWMILL
A mill or machine used for the processing of lumber products
from raw uncut timber obtained onsite or offsite to be sold for commercial
purposes.
SAWMILL, AGRICULTURAL
The on-farm processing (including milling and drying) and
marketing of timber grown on that same farm operation (as defined
in Agriculture and Markets Law 25-AA) into woodland products, including
but not limited to logs, lumber, posts and firewood, provided that
such farm operation consists of at least seven acres and produces
for sale other crops, livestock or livestock products of an annual
gross sales value of $10,000 or more and that the annual gross sales
value of such processed woodland products does not exceed the annual
gross sales value of such crops, livestock or livestock products.
An agricultural sawmill may be permanent or portable.
SAWMILL, COMMERCIAL
The processing (including milling and drying) and marketing
of timber grown on off-site parcels, or on parcels that are not farm
operations into woodland products, including but not limited to logs,
lumber, posts and firewood. A commercial sawmill may use portable
sawmill equipment on-site.
SAWMILL, PORTABLE
A mill that can be moved from place to place and used to
process timber for less than two months per year on any one parcel.
SELF-STORAGE UNITS
A facility containing a structure or structures containing
separate individually leasable or rentable storage spaces varying
in sizes which may be rented or made available for use by one or more
persons or entities for the storage of materials and equipment of
that person or entity.
SEMINUDE
A state of dress in which clothing covers no more than the
specified anatomical areas, notwithstanding portions of the body covered
by supporting straps or devices.
SENIOR HOUSING
Multifamily housing designed for people aged 62 years and
older. This includes adult retirement community, assisted living facility,
continuing care retirement community, and retirement community types
of structures.
SHOPS FOR CUSTOM WORK
A business premises used for custom made products such as
the making of clothing, millinery, shoes or other personal articles
to individual order and measure, for sale at retail on the premises
only, and not including the manufacture of ready-to-wear or standardized
products. Facilities producing articles that are wholesaled or marketed
in traditional retail outlets shall be deemed industrial/commercial
uses.
SIGN
Any kind of signboard, pennant or other device or display
used as an advertisement or announcement or used to give directions
or otherwise attract attention. Signs may be permanent or temporary.
SIGN, TEMPORARY
A temporary sign is a sign that is displayed for a limited
period of time relating to a special event or activity, and is required
to be removed promptly upon the completion of such special event or
activity. No sign which is displayed for more than three months shall
be considered a temporary sign. A sign that is lighted or that is
greater than eight square feet in area does not qualify as a temporary
sign.
SINGLE-FAMILY DETACHED
A single-family residence on an individual lot with private
yards on all four sides of the house.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
SOLAR ENERGY SYSTEM, AGRICULTURAL
A solar energy system on a farm operation as defined by New
York State Agriculture and Markets Law 305-a that provides up to the
maximum allowable energy output as defined by state and/or federal
requirements generating no more than 110% of the electrical needs
of such farm operation. These may be building-mounted or ground-mounted
systems.
SOLAR ENERGY SYSTEM, BUILDING-MOUNTED FOR INDIVIDUAL USER
A solar energy system that is affixed to the roof or side(s)
of a building or other legally permitted structure either directly
or by means of support structures or other mounting devices primarily
servicing on-site residential or business uses and that produce 25
kW or less electricity.
SOLAR ENERGY SYSTEM, COMMERCIAL
A solar energy system that produces energy primarily for
supplying more than 200 kW of electrical energy into a utility grid
for wholesale or retail offsite sale or consumption, whether generated
by photovoltaics, solar thermal devices or other solar technologies,
and whether ground-mounted or building-mounted. A commercial solar
energy system may also be referred to as a "solar plant," "solar farm,"
"commercial solar energy system" or "solar power plant."
SOLAR ENERGY SYSTEM, GROUND-MOUNTED FOR INDIVIDUAL USER
A solar energy system that is directly anchored to the ground
and attached to a pole or other mounting system, not attached or affixed
to an existing structure, and detached from any other structure designed
to serve on-site residential or business uses as the principal user
and that produce 200 kW or less electricity.
SOLAR ENERGY SYSTEMS
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
SPECIAL EVENT VENUE
A property, building, or area which is rented by individuals
or groups by the property owner to accommodate private functions,
including, but not limited to, banquets, weddings, parties, family
reuions, corporate events, meetings and other similar celebrations
or events as its primary use. This does not apply to a special permit
issued for another use. Such a use may or may not include:
(1)
Catering kitchen facilities for the serving of food and not
primarily for food preparation.
(2)
Outdoor gardens or reception facilities.
SPECIAL PERMIT USE
A use in one or more districts, for which the Board of Appeals or the Planning Board may grant a permit, pursuant to the provisions of Article
V, Chapter
190.
SPECIFIED ANATOMICAL AREAS
All of the following areas unless completely and opaquely
covered: human buttocks, anus, male genitals, female genitals, pubic
region, breasts below a point immediately above the top of the areola
and, unless completely and opaquely covered, male genitals in a turgid
state.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1)
The fondling or other erotic touching of human buttocks, anus,
male genitals, female genitals, pubic region or breasts;
(2)
Masturbation, actual or simulated; or
STABLE
A structure that is used for the shelter or care of horses
and livestock.
STREET
Any existing federal, county or municipal highway or any
existing street shown on a subdivision plan filed in the county clerk's
office, and which has been approved by the Town of Ghent Planning
Board.
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURE
Anything constructed or erected on or under the ground or
upon another structure or building.
TAVERN
A place where beverages, including alcoholic beverages, are
sold to be consumed by the public on the premises. A tavern may also
serve food for public consumption on the premises. Music for or dancing
by patrons only (but no other live entertainment) shall be considered
as an accessory use to a tavern. A patron is someone who comes to
such establishment for his/her personal use and enjoyment only, and
does not receive any form of remuneration or payment for being there.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
TEMPORARY BUILDING PERMIT/CONSTRUCTION
The Zoning Enforcement Officer may grant a temporary building
permit for a period not to exceed one year for a nonconforming building,
structure or use incidental to a building or other construction project,
including such uses as the storage of building supplies and machinery,
real estate office or model homes located on or near a tract of land
where individual properties are being offered for sale. Such temporary
permit shall be issued only upon written agreement by the owner or
his agent to remove such building, structure or use or to convert
it to a conforming use upon the expiration of the permit. Such permit
shall also be subject to site plan review by the Planning Board.
TEMPORARY BUILDING PERMIT/MOBILE OR MANUFACTURED HOMES FOR FARMING
PURPOSES
The Zoning Enforcement Officer may grant a temporary building permit for mobile/manufactured homes utilized for farming purposes to the owner of a farm in order to set up not more than two mobile/manufactured homes on his or her property to be occupied only by full-time farm workers employed by the owner and their families, provided that such mobile/manufactured homes are in compliance with the provisions of §
190-7 of this chapter, except for the provisions providing for minimum distances between mobile/manufactured homes, which shall not apply. Such a temporary permit shall be valid until January of the next year at which time the owner of the farm shall renew same. Such a permit is not transferable and becomes void if the ownership of the farm changes or if the occupancy of the mobile/manufactured home ceases. In either of such events, the mobile/manufactured home shall be removed from the premises within 90 days therefrom.
TEMPORARY RESIDENTIAL USE/HEALTH RELATED
A temporary permit for use of a mobile/manufactured home,
modular unit or for the temporary conversion of a one-family detached
dwelling for another family in a situation where, for health-related
reasons it is necessary for a person related by blood, marriage or
adoption to reside near the owner/resident of the parcel in question.
TOWNHOUSE
The townhouse is a single-family attached dwelling unit,
with one dwelling unit from the ground to roof, having individual
outside access.
VARIANCE
A modification of the regulations of this chapter, granted on grounds specified in Article
X.
VEHICLE REPAIR SHOP
Premises or building, or portion thereof, arranged, intended,
or designed to be used for making repair to vehicles, including repair
and paint shop, used for adjustment, painting, replacement of parts
or other repair of vehicles, or parts thereof, whether or not accessory
or incidental to another use. No sales are permitted.
VOCATIONAL SCHOOL
An educational institution whose primary purpose is the teaching
of a trade, profession or occupation.
WALL
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening, or enclosure, or
for the retention of earth, stone, fill or other materials as in the
case of retaining walls or bulkheads.
WAREHOUSE
A building or part of a building including existing structures,
such as barns, for storing of goods, wares, and merchandise. A public
warehouse is used primarily for the storage of goods and materials
and is available to the general public for a fee. Private warehouse
is a building used for the storage of goods and materials for a particular
commercial establishment.
WILDLIFE REHABILITATION
A person or entity certified under the applicable rules and
regulations of the State of New York to care for and treat animals
for purposes of rehabilitating them toward the goal that such animals
may ultimately be returned to their natural environment.
WIRELESS TELECOMMUNICATIONS FACILITIES
Includes a "telecommunications tower" and "tower" and "telecommunications
site" and "personal wireless facility." A structure, facility or location
designed, or intended to be used as, or used to support, antennas
or other transmitting or receiving devices. This includes, without
limit, towers of all types and kinds and structures that employ stealth
technology, including, but not limited to, structures such as a multistory
building, church steeple, silo, water tower, sign or other structure
that can be used to mitigate the visual impact of an antenna or the
functional equivalent of such, including all related facilities and
equipment such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, paging,
911, personal telecommunications services, commercial satellite services,
microwave services and services not licensed by the FCC, but not expressly
exempt from the Town's siting, building and permitting authority,
excluding those used exclusively for the Town's fire, police or exclusively
for private, noncommercial radio and television reception and private
citizen's bands, amateur radio and other similar noncommercial telecommunications.
YARD, FRONT
A space on the same lot with a building, situated between
the nearest roofed portion of the main building or buildings and the
rear lot line of the lot, and extending from side lot line to side
lot line.
YARD, REAR
A space on the same lot with a building, situated between
the nearest roofed portion of the main building or buildings and the
rear lot line of the lot, and extending from side lot line to side
lot line.
YARD, SIDE
A space on the same lot with a building, situated between
the nearest roofed portion of the main building or buildings and the
side lot line of the lot, and extending through from the front yard
or from the front lot line where no front yard exists, to the rear
yard or to the rear lot line where no rear yard exists.
ZONING ENFORCEMENT OFFICER
The person appointed to enforce the provisions of this chapter.
The Zoning Enforcement Officer shall have all the powers of the Building
Inspector as set forth herein.