Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
This chapter shall be known and may be cited as the "Town of Mamakating Zoning Local Law."
There is hereby established a comprehensive zoning local law for the Town of Mamakating, which plan is set forth in the text, map and schedule that constitute this chapter. Said zoning local law is adopted for the purposes set forth in Article 16 of the Town Law, which, in the interest of the protection and promotion of the public health, safety, convenience, comfort and general welfare, shall be deemed to specifically include the following, among others:
A. 
The facilitation of the efficient and adequate provision of public facilities and services.
B. 
The assurance of adequate and necessary sites for residence, commerce, recreation, open space and public and quasi-public uses.
C. 
The provision of privacy for residents.
D. 
The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians.
E. 
The maximum protection of residential areas from the intrusion of incompatible uses.
F. 
The maximum protection and enhancement of the mixed-use, village-scale character of the hamlets and villages in the town.
G. 
The encouragement of aesthetically attractive, environmentally responsible nonresidential and economic development activities that expand the local employment base and stabilize the town's ratable base.
H. 
The provision of adequate light and air.
I. 
The protection of historic buildings, sites and their environs.
J. 
The gradual elimination of nonconforming uses.
K. 
The enhancement of the appearance of the Town of Mamakating as a whole, and the protection of the rural character of the community.
L. 
The protection and enhancement of the open, scenic character of U.S. Route 209 and Route 17 and the deterrence of strip development along the community's major local, county and state transportation corridors.
M. 
The maximum practical preservation of natural and other significant environmental features, including Shawangunk Ridge, the Bashakill Preserve, water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees and other areas of geologic, ecological or scenic value.
N. 
The encouragement of flexibility in the design and development of land in such a way as to promote the most appropriate use of lands, to facilitate the adequate and economic provision of streets and utilities, to preserve the natural and scenic qualities of open lands and to protect the environmental quality of the town.
The Town of Mamakating is hereby divided into the following districts:
Residential Districts
RVP
Ridge and Valley Protection Area
MG
Mountain Greenbelt
WRA
Winterton Residential Agricultural
MRA
Mountain Residential Agricultural
BR
Burlingham Residential
NR
Neighborhood Residential
Mixed Use Districts
HC
Hamlet Center
VC
Village Center
TC
Town Center
PRO
Planned Resort-Office Development
Nonresidential Districts
IO
Industrial/Office
LIO
Light Industrial/Office
PO
Planned Office
The location and boundaries of said districts are hereby established as shown on the Zoning Map of the Town of Mamakating, as revised, which is attached hereto and is hereby made a part of this chapter.[1] Said map or maps and all notations, references and designations shown thereon shall be a part of this chapter as if the same were all fully described and set forth herein.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
A. 
The zoning district boundary lines are intended generally to follow the center lines of rights-of-way, existing lot lines, the mean water level of rivers, streams and other waterways or Town boundary lines, or to follow a straight line connection of corners or endpoints of the above features or to follow along a parallel path from such features at a set distance, all as shown on the official Zoning Map. Where a district boundary line does not clearly follow such features, its position shall be determined by the Building Inspector upon measurement of the official Zoning Map.
[Amended 7-21-2015 by L.L. No. 2-2015]
B. 
In cases of uncertainty as to the true location of a district boundary line in a particular instance, the Building Inspector shall request the Zoning Board of Appeals to render its determination with respect thereto.
C. 
In all cases where a district boundary divides a lot in one ownership, the lot is five acres or less and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed in this chapter for the less restricted district may apply to such portion of the more restricted portion of said lot upon the discretion of the property owner. For purposes of this subsection, the "more restricted district" shall be the district which is subject to regulations which prohibit the use intended to be made of the lot or which regulations are more restrictive with respect to lot area, development coverage, landscaping requirements, etc. For lots that are more than five acres in size, each portion of the lot shall conform to the applicable district in which it is located. A district boundary shall not be construed to subdivide a property.
A. 
Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used"; and the word "shall" is mandatory and not optional. Words not specifically defined shall have their ordinary dictionary meanings.
B. 
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:
ACCESSORY APARTMENT (MOTHER/DAUGHTER RESIDENCE)
A self-contained dwelling unit incorporated within an existing structure originally designed and intended for use by a single family. For purposes of this chapter, an accessory apartment shall be permitted only in a zoning district that permits a two-family dwelling and shall meet all the standards for a two-family dwelling unit contained herein.
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use on the same lot and serving a purpose customarily incidental to the principal use of the lot.
ADULT/SENIOR HOUSING
Housing intended for individuals generally 55 years and older, which may include various levels of care, and may consist of a single or combination of uses such as independent adult housing, adult care facilities, enriched housing, assisted living, or nursing homes, including ancillary health, social and administrative services.
AGRIBUSINESS
A commercial, non-animal, agricultural operation with intensive operational characteristics, including but not limited to high water consumption or energy use; employment generating demand for on-site parking; or processes requiring extensive building coverage. Agribusiness may include uses requiring facilities for indoor growing, cooking, dehydrating, refining, packing, warehousing or other treatment of agricultural products. Said definition specifically excludes slaughterhouses, rendering plants or other agricultural operations involving animals. Site plan approval shall be required where the Building Inspector finds that the operational characteristics of an agricultural operation are consistent with the characteristics identified herein.
AGRICULTURAL OPERATIONS (FARM)
A commercial enterprise involved in the cultivation and sale of field crops, fruits, vegetables, horticultural specialties, or the raising and sale of livestock, poultry, or aquacultural products or products related to the raising and selling of livestock (e.g., dairy products). Agricultural operations shall require a minimum lot size of 10 acres.
AIRPORT OR HELIPORT
Any area of land which is used or intended for use for the landing and taking off of aircraft, also any appurtenant areas which are used or intended for use, or other airport buildings and facilities.
ANIMAL HOSPITAL OR VETERINARY CLINIC
A facility for the medical care and treatment of animals, including shelters and like facilities, other than animal kennels.
AUTOMOBILE
A self-propelled passenger vehicle that usually has four wheels and an internal-combustion engine, used for land transport.
BED-AND-BREAKFAST
An owner-occupied dwelling designed, used and occupied as a single-family residence, managed by the property owner, where overnight lodging is provided to transient visitors in one to five guest bedrooms, up to a maximum of 10 guests, for compensation. Breakfast is the only meal served and is included in the charge for the room. This term does not include boardinghouses, motels, hotels, tourist courts, motor lodges, tourist cabins, or similar terms.
BILLBOARD
A sign which directs attention to a business, commodity, service or entertainment conducted, offered or sold elsewhere than on the premises where the sign is located.
BOARDER
Any person who rents a room within a dwelling.
BOARDINGHOUSE
A dwelling where paying guests are provided with meals and lodging for a fee. Boardinghouses are nonconforming uses in the unincorporated Town of Mamakating.
BUFFER AREA
The ground area of a lot which shall be left in its natural state, or planted, as may be required by the Planning Board. Parking, loading, and storage are not allowed in a buffer area.
BUILDING
A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING HEIGHT
The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the lot on which the same is located.
BULK
The size and shape of buildings, structures and nonbuilding uses; the physical relationship of the exterior walls or construction or their location to plot lines and other buildings or structures or other walls or construction of the same building or structure; and all open spaces required in connection with a building or structure. Bulk regulations include, but are not limited to, regulations dealing with lot area, lot area per dwelling unit, frontage, width, height, depth, required yards, usable open space and the length of buildings in a row.
BUNGALOW COLONY (ALSO TOURIST CABINS AND COTTAGES)
A type of seasonal resort complex consisting of a group of individual, usually one-story structures where indoor plumbing and kitchen facilities may be provided in each unit. Said facility may also have communal eating and recreational facilities. For purposes of this chapter, existing colonies shall be deemed nonconforming uses.
CAMP, DAY
A nonresidential facility providing daytime supervision and activities for children during the summer.
CAMP, SUMMER
One or more temporary or permanent shelters, buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and not arranged or intended for such occupancy except during the period, or part of the period, from May 15 to October 15 in any year. Said facilities may provide recreational and/or other programs offered for the benefit of the occupants.
CAR DEALERSHIP
Any fully enclosed structure where two or more new motor vehicles in operating condition are offered for sale or are displayed for hire or for sale.
CEMETERY
Land used for the internment of human remains, including a burial park for earth internments, which may include a mausoleum for vault or crypt interments, operated for a not-for-profit organization.
CLEAR-CUTTING
A method of tree removal where all or substantially all trees two inches and over on a site are removed.
CLUSTER DEVELOPMENT
A subdivision plat or plats in which the bulk requirements of this chapter are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.
COMMERCIAL RECREATION FACILITY
An indoor or outdoor privately run business involving playing fields, courts, arenas, or halls designed to accommodate sports and recreational activities, such as, but not limited to, billiards, bowling, dance halls, driving ranges, batting cages, miniature golf, gymnasiums, health spas, skating rinks, indoor shooting ranges, and tennis courts.
COMMUNITY FACILITIES, EMERGENCY
A building or structure owned and operated by a public agency whose function includes responding to life- and property-threatening emergencies, such as fire, ambulance or police facilities.
COMMUNITY FACILITIES, NONEMERGENCY
A building or structure owned and operated by a public agency for the purpose of providing activities for administering or providing nonemergency services to the residents of the Town and its villages, including governmental offices, department of public works, libraries, and museums.
COMPOSTING FACILITY
A solid waste management facility used to provide aerobic decomposition of solid organic constituents of solid waste to produce a stable, humus material.
CONDOMINIUM
An individually owned dwelling unit in a multiple residence with an interest in the common areas and facilities which serve the multiple residence.
CONFERENCE CENTER
A building or buildings designed for classes, conferences, seminars, meetings, and similar activities and related accessory uses principally for conference center patrons, such as restaurants, drinking facilities, and recreation facilities. A conference center with overnight accommodations shall be deemed to be a resort.
CONTRACTOR STORAGE YARD
A building or area of land where a person, firm or corporation engaged in the construction business or a related field stores building materials, equipment and supplies used exclusively in his or its business as a contractor.
COUNTRY INN
An owner-occupied dwelling, managed by the property owner, where overnight lodging is provided to transient visitors in one or more guest units, for compensation. Country inns have common sitting and dining areas. A country inn may have a restaurant incorporated into the overall principal building which is open to the general public. Country inns may have limited accessory recreation facilities, e.g., a swimming pool or hiking trail. Country inns may also be used for social events or gatherings, e.g., weddings. This term does not include boardinghouses, hotels, tourist courts, motor lodges, tourist cabins, or similar terms.
DAY-CARE CENTER
A facility licensed or authorized and regulated by the State of New York Department of Social Services or other state agency having jurisdiction where care is provided for three or more children away from their own homes for less than 24 hours per day in a facility which is operated for such purposes, for more than five hours per week.
DEVELOPMENT COVERAGE
That percentage of the lot covered by buildings, including accessory buildings, and paved and other installed impervious surfaces.
DEVELOPMENT RIGHTS
Rights permitted to a lot, parcel or area of land under this chapter respecting permissible use and density of improvements executed thereon.
DISTRIBUTION FACILITY
A facility involving the storage and shipment of goods in allotments. This use does not involve the manufacture or sale of goods from the premises.
DUDE RANCH
A horse farm which also maintains a single lodge for overnight guests, who engage in camping, horseback riding and other outdoor recreational activities.
DWELLING
Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except a mobile home or trailer.
(1) 
A detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
(2) 
A building containing two or more dwelling units, none of which have common floors or ceilings between units, and which have one party or common wall. Single-family attached dwellings within a building containing two dwellings are commonly referred to as a "duplex." Single-family attached dwellings within a building containing three or more dwelling units are commonly referred to as "townhomes."
(3) 
A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
(4) 
A building or portion thereof used or designed as a residence for three or more apartment or dwelling units.
EDUCATION, RESEARCH AND INTERPRETIVE CENTER
A facility operated for a nonprofit organization whose primary purpose is to conduct studies or educate the general public.
EDUTAINMENT CENTER
A commercial establishment that provides entertainment through interactive, visual, or live events and shows that have an educational theme.
EXTRACTIVE OPERATIONS
Any mining, quarrying, excavation or removal of earth products prior to processing for the purpose of sale or other commercial purpose. Earth products include but are not limited to topsoil, sand, gravel, clay or stone. The removal of topsoil and land disturbances directly undertaken in connection with the construction of a building for which a building permit has been issued or the development of a site or subdivision in accordance with an approved plan are activities excluded from this definition.
FARM
See "agricultural operations."
FARM, HOBBY
The raising of livestock or poultry as a hobby or a business by the occupants of a single-family dwelling located on the same lot. The raising of livestock or poultry shall be conducted in accordance with § 199-17.
FLAT
A type of multifamily dwelling unit that shares at least a ceiling or floor with another dwelling unit and may also share a wall or walls with another dwelling unit.
GASOLINE FILLING STATION
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline, oil or other fuel for the propulsion of motor vehicles.
GASOLINE SERVICE STATION
Any use of land, including any building or structure thereon, that is used for the supply of gasoline, oil or other fuel for the propulsion of motor vehicles, including polishing, greasing, servicing, or repairing of motor vehicles, but excluding bodywork or paint.
GOLF COURSE VILLA
A style of single-family detached dwelling that generally orients its front facade to a golf course and its rear facade to the street giving access to the unit.
GROSS FLOOR AREA
The sum of the gross horizontal areas of several floors of the building, excluding basement and attic floors used solely for accessory mechanical equipment. All horizontal dimensions shall be taken from the exterior faces of walls or other outer limits of roofed areas.
GUEST UNIT
Any habitable room customarily rented for occupancy, including one-, two- and three-bedroom units. A guest unit may be comprised of up to two additional lockout rooms giving the hotel owner/operator the maximum ability to rent to up to three separate or distinct rental groups; provided, however, that the additional lockout rooms shall not result in any additional increase in the total number of bedrooms.
HOME OCCUPATION
Any use customarily conducted entirely within the principal residential structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the principal structure and does not change the character thereof. Home occupations include but are not limited to an art studio; dressmaking; music and dance instruction; or single offices of a clergyman, lawyer, physician, dentist, architect, engineer, computer consultant, or accountant.
HYDRAULIC FRACTURING
A stimulation technique using the introduction of high-pressure volumes of water, liquid mixtures of chemicals and substances, or other gas, liquid, substances, or combination of thereof, into a subsurface carbon-bearing formation to create fractures to increase formation penneability or otherwise enhance the productivity of such formation.
[Added 9-16-2014 by L.L. No. 8-2014]
IMPERVIOUS SURFACE
Any ground surface that cannot effectively absorb or infiltrate rainfall.
INDUSTRIAL USE
A use engaged in the basic processing and manufacturing materials or products predominantly from extracted or raw materials, or a use involving the manufacture, fabrication, processing, reduction, or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof. The term "industrial use" shall also include light industry. The term "industrial use" shall not include the exploration for or extraction of natural gas and/or petroleum or any other activity prohibited by Chapter 146 of this Code.
[Amended 9-16-2014 by L.L. No. 8-2014]
HOTEL
A building or portion thereof containing rooms that are used, rented or hired out to be occupied for transient sleeping purposes for compensation, whether the compensation is paid directly or indirectly. No such rooms shall contain individual kitchen or cooking facilities.
JUNKYARDS
Buildings, structures or premises where junk, waste, or discarded or salvaged materials are bought or sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment and used cars in operable condition.
KENNEL
A commercial use in which the principal activity is the temporary boarding and/or breeding of animals, primarily dogs and cats. The keeping of more than four dogs or cats indoors or outdoors shall constitute a kennel, for purposes of this chapter. For purposes of this chapter, an animal shelter operated for a not-for-profit organization shall be included within the definition of "kennel."
LABORATORY AND RESEARCH FACILITIES
A building for experimentation in pure or applied research, design, development and production of prototype machines or new products and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products.
LIGHT INDUSTRY
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
LIVESTOCK
Includes, but is not limited to, cattle, sheep, hogs, goats, horses, llamas, other fur-bearing animals, ostrich, emu, rhea, other ratite (a group of flightless birds having a flat breastbone) and rabbits.
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
LOT AREA
The computed area contained within the lot lines.
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT, FLAG
A lot having the required lot frontage that does not have the minimum required lot width, measured across the front lot line or across a straight line measured at a point distant from the street line the same distance as the required front yard, but having the required lot width measured at a point somewhere in the interior of the lot.
LOT FRONTAGE
A distance measured along the front lot line.
LOT LINES
The property lines bounding the lot.
(1) 
The line separating the lot from a street.
(2) 
The lot line opposite and most distant from the front lot line.
(3) 
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
(4) 
A lot line separating the lot from a street or alley.
LOT WIDTH
A distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum front yard requirement.
MARKET, FARMERS
An enclosed facility involved primarily in the retail sale of farm-direct, unprocessed agricultural and horticultural products, including but not limited to fruits, vegetables, dairy products, and eggs. A farmers market may also include the sale of limited miscellaneous items, including baked goods and regional gifts and crafts.
MEMBERSHIP CLUB
An association of persons for recreational, athletic, social, literary or similar activities, which association is not conducted for the purpose of pecuniary gain or profit and is organized pursuant to the provisions of the Not-for-Profit Corporation or the Benevolent Order Law of the State of New York and is not a part of, related to or associated with a profit-making venture and which is managed by officers or directors serving without pay and chosen directly by members who form such association.
MOBILE HOME
Any vehicle or similar portable structure having been constructed with wheels (whether or not such wheels have been removed) and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.
MOTEL
An establishment that provides lodging to motorists in rooms that usually have direct access to an open parking area. Also referred to as a "motor lodge."
MOTOR VEHICLE RENTAL/LEASING ESTABLISHMENT
Establishments engaged in the short-term rental or long-term leasing of passenger cars, vans or trucks without drivers.
MOTOR VEHICLE REPAIR GARAGE
A building used for the servicing and repair of motor vehicles, including bodywork. Such repair work shall be conducted wholly within a completely enclosed building.
MOTOR VEHICLE SALES ESTABLISHMENT
An establishment, including open area and showrooms enclosed within a building, used for the display or sale of new or used motor vehicles, provided that such establishment is a franchised dealer or a factory-owned dealership.
NATURAL GAS
Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
[Added 9-16-2014 by L.L. No. 8-2014]
NATURAL GAS AND/OR PETROLEUM EXPLORATION
Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.
[Added 9-16-2014 by L.L. No. 8-2014]
NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION MATERIALS
Any solid, semisolid, liquid, semiliquid or gaseous material used in the exploration or extraction of natural gas.
[Added 9-16-2014 by L.L. No. 8-2014]
NATURAL GAS AND/OR PETROLEUM EXTRACTION
The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons.
[Added 9-16-2014 by L.L. No. 8-2014]
NATURAL GAS AND/OR EXPLORATION PETROLEUM PRODUCTION WASTES
Any garbage, refuse, cuttings, sludge, flow-back fluids, produced waters or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas and/or petroleum.
[Added 9-16-2014 by L.L. No. 8-2014]
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting station or compressor associated with the exploration or extraction of natural gas or petroleum.
[Added 9-16-2014 by L.L. No. 8-2014]
(1) 
Any liquid or solid waste or its constituents that is generated as a result of natural gas extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;
(2) 
Leachate from solid wastes associated with natural gas extraction activities;
(3) 
Any waste that is generated as a result of or in association with the underground storage of natural gas;
(4) 
Any waste that is generated as a result of or in association with liquefied petroleum gas well storage operations; and/or
(5) 
Any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes.
NONCONFORMING LOT
Any lot lawfully on record on the effective date of this chapter or any amendment thereto which does not meet the minimum lot area and/or lot width or depth requirements of this chapter for the zoning district in which such lot is situated as a result of such enactment or amendment.
NONCONFORMING STRUCTURE
Any structure which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment thereto but which is not in conformance with the dimensional regulations for that zoning district as a result of such enactment or amendment.
NONCONFORMING USE
Any use which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment thereto which does not conform to the district use regulations as a result of such enactment or amendment.
NURSERY, HORTICULTURAL (OR COMMERCIAL GREENHOUSE)
A facility involved in the cultivation of ornamental and horticultural products, including but not limited to flowers, trees, shrubs, and vines. Activities may also include the retail sale of said products outdoors or in an enclosed facility.
NURSING HOME OR CONVALESCENT HOME
Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually housed for remuneration, other than municipal or incorporated hospitals and establishments licensed by the State Commissioner of Mental Hygiene and maternity homes licensed by the State Commissioner of Health.
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
OFFICE AND RESEARCH BUSINESS PARK
A tract of land providing for more than one office and/or research building, designed, maintained and operated as a single unit and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities, and landscaping.
(1) 
Any liquid or solid waste or its constituents that is generated as a result of oil extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;
(2) 
Leachate from solid wastes associated with oil extraction activities; and/or
(3) 
Any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes.
PATIO HOME
A style of single-family detached dwelling typically designed with an extensive outside deck functioning as an extension of the interior space and an attached garage sometimes representing a major element of the front facade.
PET, HOUSEHOLD
An animal that is customarily kept for company or enjoyment and one that may be properly and safely kept within a dwelling or a residential yard. Pets typically include, but are not be limited to, dogs, cats, rabbits, domesticated tropical birds, gerbils, hamsters, and guinea pigs. The raising and breeding of poultry and livestock, including horses, shall be regulated in accordance with § 199-17.
PETROLEUM
Includes oil and crude oil.
[Added 9-16-2014 by L.L. No. 8-2014]
PLANNED RESIDENTIAL DEVELOPMENT
A structure or group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas.
PLANNED RESORT COMMUNITY
An area of a minimum contiguous size, as specified by local law, to be planned, developed, operated and maintained as a single entity and containing one or more structures required to accommodate a mix of resort-related uses, which shall include a hotel or lodging structure, and may include a variety of dwelling types, hotels, condo-hotels, motels, lodging, bed-and-breakfasts, country inns, golf courses, edutainment centers, outdoor recreational facilities, wineries, aquariums, movie theaters, convention/conference centers, retail business customarily incidental to the primary use and incorporated into a hotel or lodging structure, riding stables, and associated accessory or support facilities.
POULTRY
Domestic fowl, which shall include but not be limited to chickens, turkeys, ducks, geese, pigeons, pheasants, and guinea hens.
POULTRY RAISING, HIGH-DENSITY
A farm, the major occupation of which is the raising of poultry, wherein there is one square foot or less of floor space per bird in those structures housing the poultry.
POULTRY RAISING, LOW-DENSITY
A farm, the major occupation of which is the raising of poultry, wherein there is more than one square foot of floor space per bird in those structures housing the poultry.
PRINCIPAL USE
The primary purpose or function that a lot serves or is intended to serve.
PUBLIC UTILITY
Any person, firm, corporation, or governmental agency duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage treatment, steam, cable television, and telephone, but shall not mean any person or entity that provides wireless telecommunication services to the public.[1]
RADIO TRANSMITTING STATION
A facility for the transmitting of radio broadcasts, including electronic equipment and antennas or towers.
RECEIVING DISTRICT
One or more designated districts to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of such transfer.
RECOVER
Any act or process by which recyclables or reusables are separated from the solid waste stream.
RECYCLABLE
Solid waste that exhibits the potential to be used repeatedly.
RECYCLABLE HANDLING AND RECOVERY FACILITY
A solid waste processing facility, other than collection and transfer vehicles, at which nonputrescible recylables are separated from the solid waste stream or at which previously separated nonputrescible recyclables are processed.
RESORT
A type of hotel that incorporates indoor and/or outdoor recreational amenities into the overall design and operation of the facility. A resort may also include conference rooms, dining rooms, and other areas for social gatherings.
RESTAURANT
Any premises where food is commercially sold primarily for on-premises consumption to patrons seated at tables and served by a waiter or waitress. Bakeries, pizzerias, delicatessens and similar services shall be considered a restaurant if the food that is sold commercially is also available for any on-premises consumption, regardless of whether served by a waiter or waitress or whether available from a counter-type installation. Where there is no on-premises consumption, bakeries, pizzerias, and delicatessens shall be treated as retail sales establishments for purposes of this chapter.
RESTAURANT, FAST-FOOD
Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, usually served at or from counters in paper, plastic, or other disposable containers, for consumption either within the restaurant building, elsewhere on the premises, for carry-out, or from a drive-in window, for consumption off the premises. "Fast-food restaurant" does not include bakeries or delicatessens.
ROD AND GUN CLUB
A primarily vacant tract of land used by members of a membership club for hunting and fishing. A rod and gun club shall not be interpreted to permit range or clay shooting.
SEASONAL DWELLING
A dwelling shall be deemed seasonal if the dwelling:
[Added 10-6-2009 by L.L. No. 4-2009; amended 9-21-2010 by L.L. No. 1-2010]
(1) 
Is identified as a seasonal dwelling on the Assessor's records;
(2) 
Does not have a well which produces the quantity and quality of water as required by New York State Building Code and New York State Health Department Administration Rules and Regulations, 10 NYSCRR, Part 5, Appendix 5-B, Standards for Water Wells; or
(3) 
Does not have septic which complies with Appendix 75-A, Wastewater Treatment Standards, as promulgated by the NYSDOH.
SENDING DISTRICT
One or more designated districts in which development rights are designated for use in one or more receiving districts.
SERVICE COMMERCIAL USE
Any use which involves work done or duties performed for individuals, business and government establishments.
SETBACK
The shortest horizontal separation distance from the property line or, in the case of shoreline property, from the mean high-water mark to the closest building line of the structure.
SHOPPING CENTER
A building or group of buildings containing a variety of retail and service commercial facilities planned as a whole, occupying a single building lot, with joint use of parking and accessory facilities, and generally controlled by a single management organization.
SIGN
A name, identification, description, display or illustration or any other visual display which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN, DIRECTIONAL
A sign indicating the location and direction of premises other than those on which the sign is located.
SIGN, FACADE
A sign attached parallel to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall and building, and which displays only one sign face.
SIGN, FREESTANDING
A sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent of any building or other structure.
SIGN, MONUMENT
A sign affixed to a wall anchored in the ground without the need of a pole for support. Monument signs are typically made from masonry materials such as brick or stone.
SIGN, WINDOW
A sign displayed, affixed or painted on or within any window, windowpane, show window or window screen and which is visible from the exterior of the window.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade so as to permit the use of a solar energy system to service a building or property.
[Added 11-1-2016 by L.L. No. 3-2016]
SPECIAL USE
Authorization of a particular land use which is permitted in this chapter, subject to individual standards imposed herein to assure that the special use is in harmony with this chapter and will not adversely impact surrounding uses if said standards are met.
STABLE
A building designed for keeping horses, whether for private use or for hire, remuneration or sale.
STABLE, COMMERCIAL
Any boarding of horses for financial or other consideration.
STRUCTURE
Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including but not limited to buildings, fences, tanks, towers, swimming pools, and stationary and portable carports.
SWIMMING POOL, PRIVATE
Any constructed body of water or structure containing water, and any accessory buildings or equipment pertaining thereto, used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. It shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling or dwellings thereon, to a membership club or to a motel or hotel.
TOWN-ACKNOWLEDGED SEWER SYSTEM OR WATER SYSTEM
A central sewage collection system and treatment works or central water supply system acknowledged by the Town of Mamakating Town Board, upon advice of its Town Engineer, as a system and works that are designed and constructed to provide the level of sewage treatment and water quality required to safeguard the Town's residents and ecosystems and that have established adequate funding mechanisms and maintenance mechanisms to guarantee the continued operation and maintenance in perpetuity, all in accordance with applicable state, county and Town standards.
[Added 7-21-2015 by L.L. No. 2-2015]
TRAILER
A vehicle designed without motive power, to be drawn by another vehicle.
VACATION CAMPGROUND
An area of land, owned entirely in single ownership, on which two or more cabins, tents, vacation trailers, motor homes, shelters, or any other accommodations normally suitable for temporary or seasonal living, camping or recreation purposes.
WAREHOUSE
A building, or part of a building, for storing goods, wares and merchandise, whether for the owner or others, and whether it is a public or private warehouse.
WIRELESS TELECOMMUNICATION SERVICES
Services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services, and cellular telephone.
WIRELESS TELECOMMUNICATION SERVICES FACILITY
Any freestanding facility, building, tower or structure used to provide wireless telecommunication services and which consists of, without limitation, antennas, equipment and storage and other accessory structures used to provide wireless telecommunication services.
YARD
An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
(1) 
An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.
(2) 
An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
(3) 
That portion of any yard meeting the minimum dimensional requirements contained in Schedule I of this chapter.[2]
(4) 
An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
[1]
Editor's Note: The former definition of "public water or public sewer," which immediately followed this definition, was repealed 7-21-2015 by L.L. No. 2-2015.
[2]
Editor's Note: Schedule I is included at the end of this chapter.