Unless otherwise expressly stated, the terms defined in this article shall, for the purposes of this chapter, have the meaning herein indicated. Except where defined in this chapter, in Article VIII or elsewhere, all words and terms shall carry their customary meanings in the context used. Words used in the present tense include the future; the plural includes the singular, and the singular includes the plural; the word "herein" or "above" shall mean "in this chapter"; the words "in this chapter" shall mean "in this Local Law No. 3 of 1991, or amendments thereto"; the term "current" shall mean "the most recent." The term "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, constructed, altered, converted, rented, leased, or designed to be used or occupied"; the word "shall" is mandatory and not optional; the word "may" is permissive.
Words and terms used in this chapter are defined
for the purposes thereof, as follows:
The abutment of a lot directly on a Town, county, or state
road, street, or highway which has the required frontage thereon to
allow the ingress and egress of fire trucks, ambulances, police cars
and other emergency vehicles, as prescribed by this chapter and § 280-a
of the Town Law.
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto,
or is located on the same lot or premises as the principal building.
Accessory structures shall include but are not limited to tennis courts,
garages, swimming pools, garden or tool sheds, barns, studios, greenhouses,
and playhouses, and such elements as satellite dish antennas and windmills.
See also "structure."
[Amended 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
A use which is customarily incidental to and subordinate
to the principal use of the premises, building or structure and located
on the same premises as such principal use. A second principal use
is not an accessory use.
The area which provides access.
Capacity for commercial communications facilities is considered
to be "adequate" if the grade of service (GOS) is p .02 or better
for median tele-traffic levels offered during the typical busy hours,
as assessed by direct measurement of the facility in question. The
GOS shall be determined by the use of standard Erlang B calculations.
As call blocking may occur in either the land line or radio portions
of a wireless network. “Adequate capacity,” for the purpose
of this chapter, shall apply only to the capacity of the radio components.
[Added 3-28-2000 by L.L. No. 1-2000]
Coverage for commercial communications facilities is considered
to be "adequate" within that area surrounding a base station where
the predicted or measured median field strength of the transmitted
signal is greater than -90 dbm for at least 80% of the intended coverage
area. It is acceptable for there to be holes within the area of adequate
coverage where the signal strength declines further away from the
base station (e.g. -95 dbm rather than -90 dbm). For the limited purpose
of determining whether the use of a repeater is necessary, there shall
be deemed to be inadequate coverage within said holes. The outer boundary
of the area of adequate coverage is that location past which the signal
does not regain a strength equal to or greater than -90 dbm.
[Added 3-28-2000 by L.L. No. 1-2000]
Any property adjoining, directly opposite or within 200 feet
of the boundary of any portion of the subject parcel. This definition
shall include all property separated by a street or within 200 feet
of the street frontage of the subject parcel.
Activities conducted by the owner of a farm for the enjoyment
and/or education of the public, which primarily promote the sale,
marketing, production, harvesting or use of the products of the farm
and enhance the public's understanding and awareness of farming and
farm life.
[Added 2-9-2021 by L.L.
No. 1-2021, effective 2-16-2021]
A parcel of land which has received such designation under
the requirements of agricultural district legislation of New York,
Article 25-AA, Agricultural Districts, of the New York Agriculture
and Markets Law.
A portion of a farm available for hire as a location for
events, which may take place in tents, gazebos, barns, open areas,
or residential structures (including buildings) for the purpose of
promoting agri-tourism. To qualify as an agricultural event venue,
the farm must be located in an Agricultural District or generate annual
gross revenues of at least $50,000 from agricultural operations as
defined in § 301(2) of the N.Y. Agriculture and Markets
Law, not including revenue generated from event proceeds.
[Added 2-9-2021 by L.L.
No. 1-2021, effective 2-16-2021]
All activities conducted on a farm, necessary to the operation
of a farm, or activities conducted in accordance with animal husbandry
regulations contained herein.
Any change, rearrangement, addition, or enlargement to a
building or structure, other than repairs; the moving of a building
or structure from one location to another; or the demolition of a
building or structure; any change to the metes and bounds of any lot.
[Amended 3-14-1995 by L.L. No. 2-1995]
A facility designed or used for housing persons ("ACF clients")
who are unable to live and work independently at a particular time
and for the providing for the specific needs of these persons. For
purposes of this chapter, this definition shall include nursing homes
and the following types of supervised facilities:
COMMUNITY RESIDENCEA dwelling providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision.
HALFWAY HOUSEA community residence providing twenty-four-hour on-site responsible supervisory staff for long-term residents.
SUPERVISED LIVING FACILITYA community residence, or group home, providing twenty-four-hour on-site responsible supervision of residents.
SUPPORTIVE LIVING FACILITYA community residence providing responsible supervision for residents.
FAMILY CARE HOMEA dwelling providing room, board and supervision for patients who are maintained on an in-patient status by a state-operated psychiatric facility.
HOUSING FOR THE DISABLEDHousing for those persons who are unable to function in society without assistance and/or supervision because of their physical, mental, or emotional deficiencies.
REHABILITATION SERVICES FACILITYA professionally planned and operated treatment facility designed to improve the functioning of physically, mentally, or emotionally disabled persons in their skills of daily living, including alcohol abusers, drug-dependent persons, the mentally ill, and the developmentally disabled.
RESIDENTIAL SCHOOLFor those persons having physical, mental, emotional or drug-dependent problems.
The keeping, grazing, feeding and care of animals or fowl
(poultry) other than household pets. For the purpose of this chapter,
all animals, whether male or female, except offspring less than six
months old, are counted in the permitted total. The calculation of
acreage required for animals shall be in land made available for such
use, not total land owned, unless otherwise designated herein.
An underground bed or stratum of earth, gravel or porous
stone that contains water.
The combination of controls which establishes the minimum
size of a lot and the maximum size of a building and its location
on such lot, as well as controls on parking, frontage, and open space.[1]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of walls.
The sum of the horizontal area of the floor or floors of
a structure, including the basement and accessory structures on the
same lot, and including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
See "floor area ratio."
When referring to the required area per dwelling unit, means
"net land area," the area exclusive of streets and other public open
space.
A term which, when used with reference to a building, shall
mean connected to another building by means of at least one common
wall. A common roof, porch, patio, or breezeway shall not be construed
as causing a building or structure to be attached to another. For
the purposes of this chapter, the terms "attached" and "semi-detached"
may be interchanged in any context. See also definitions for "detached"
and "semi-detached."
See "motor vehicle sales or rental."
The average height of a stand of trees. For the purpose of
determining the maximum height of a commercial communications facility
to be installed on a wooded lot having at least 20 trees within 100
feet of the proposed site, the average height of the trees located
within 200 feet of the proposed site shall be used to determine the
average tree canopy.
[Added 3-28-2000 by L.L. No. 1-2000]
An establishment which sells primarily baked goods directly
to the public on the premises.
An establishment which produces and sells baked goods primarily
to other establishments, or produces primarily for sale off the premises,
and only incidentally directly to the public on the premises.
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises,
and may provide live entertainment by no more than one instrumental
musician and/or vocalist.
A story partly underground but having at least 1/2 of its
height above the average outside ground level. See also "cellar."
An owner-occupied dwelling in which more than one bedroom
is rented for temporary occupancy and meals are provided for such
occupants. A public restaurant or public bar shall not be included.
[Amended 11-10-2020 by L.L. No. 2-2020, effective 11-17-2020]
The incorporation of both labor and materials on a building
site, other than materials delivery, or the use of excavation equipment
or labor to excavate for the building of foundation or footings, but
not including wood cutting unrelated to building.
A private owner-occupied dwelling in which at least two and
not more than four rooms are offered for rent, which may or may not
provide meals to lodgers, in which no transient guests are accommodated
and no public restaurant is maintained.
An establishment which rents nonmotorized boats for a fee,
but which shall not be construed to include boat storage for a fee,
boat sales or bulk fuel storage, except as permitted herein.
Land area used to visually separate one use from another
or to shield or block lights, noise or other nuisances, which is suitably
developed with fencing, berms and natural vegetation.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals, property or business activity. See "structure."
A building, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto,
or is located on the same lot or premises as the principal building.
An accessory building other than for agricultural use shall not be
larger than the principal building on the same lot.
A use customarily incidental to the use of a principal building,
not occupying more than 25% percent of the total aboveground floor
area of the principal building thereof and including home occupation
uses as permitted herein.
The total of areas taken on a horizontal plane at the main
grade level of all principal and accessory structures located on the
lot.
The vertical distance measured, in the case of a building
with a flat roof, from the average elevation of the finished lot grade
at the front of the building to the level of the highest point of
the roof beams and, in the case of a building with a pitched roof,
from the average elevation of the finished lot grade at the front
of the building to a point halfway between the top of the plate and
the ridge. Such measurement shall not include chimneys, spires, towers,
tanks and similar projections.
The person designated by the Town Board to administer the
duties of this position as defined herein. See also "Municipal Code
Enforcement Inspector."
[Amended 2-9-2021 by L.L.
No. 2-2021, effective 2-16-2021]
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for onsite consumption.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
A line generally parallel to the street or road beyond which
the front of a building may not project into the required front yard
as specified for the district in which the lot is located, also called
"minimum front setback line." In the case of a corner lot any building
line nearest to the street line shall be considered a front building
line.
Official authorization issued by the Building Inspector to
begin construction in accordance with approved plans and in strict
compliance with all applicable requirements of this chapter, other
local laws, the New York State Uniform Fire Prevention and Building
Code, and related laws, rules and regulations.
A building including covered porches, in which is conducted
the principal use of the lot on which such building is located. In
any residential district the principal dwelling shall be deemed the
principal building on the lot on which it is situated.
See "retail business or service."
A commercial operation or establishment primarily engaged
in performing work on a fee or contract basis, such as advertising
and mailing, building maintenance, employment services, office equipment
rental and leasing, commercial research, development and testing,
photo finishing and personal services.
See "wholesale business."
A privately owned structure whose primary purpose is to provide
shelter for persons waiting for buses.
When facilities are installed on an existing building or
structure, camouflage will partially or wholly conceal antennas and
other auxiliary equipment by incorporating them into the appearance
of the existing structure. When facilities include a new tower or
other tall structure, camouflage will conceal both the tall structure
and the accompanying antennas and other equipment through use of technology
which gives these facilities the appearance of structures which are
compatible with the surrounding area. These disguised structures may
have the appearance of concrete silos, flagpoles, churches with steeples,
trees, or other suitable structures.
[Added 3-28-2000 by L.L. No. 1-2000]
Any lot on which are located two or more buildings or structures,
shelters, tents, or accommodations of a design or character for seasonal
occupancy used solely for educational or recreational purposes, except
paramilitary. The operation of a camp program, including the presence
of instructors and structured activities for campers, is necessary
for the area and use to be defined as a camp. Buses, camping trailers
and/or motor homes are not construed to be a camp.
Any recreational vehicle, designed as temporary living quarters
for recreational camping, or travel use, which either has its own
motive power or is mounted on or towed by another vehicle, and is
of such size as not to require special highway movement permits, except
as further limited in size herein, in accordance with New York State
regulations. Motor homes, "fifth wheels," trailers mounted on pick-up
trucks (truck campers), pop-up campers and recreational vans are included
in this definition. Mobile homes and modular homes are not camping
vehicles under this definition. Buses are included in this definition
only when they are equipped as recreational vehicles. Regulations
regarding camping vehicles permitted are found herein, in other local
laws of the Town of Clinton, and in individual deed stipulations regarding
specific properties.
Any lot or parcel of land whereon two or more camping trailers
or camping vehicles are located or parked, other than for the purpose
of loading, unloading or discharge or entrance of occupants or passengers.
The term "campground" shall mean "camping trailer or camping vehicle
campground" as defined above.
An amusement show, usually traveling from place to place
and including side shows, ferris wheels, merry-go-rounds, games, and/or
similar attractions.
An FCC-licensed operator which uses commercial communications
facilities to provide wireless services to customers.
[Added 3-28-2000 by L.L. No. 1-2000]
A lot and/or associated structures used principally for the
cleaning, washing, waxing, polishing, or detailing of motor vehicles.
A story of a building having more than 1/2 of its height
below the average outside ground level. See also "basement."
Land used or intended to be used for the burial of deceased
persons and dedicated for cemetery purposes, including columbariums,
mausoleums and mortuaries when operated with and within the boundaries
of such cemetery.
A line midway between and parallel to two street or road
property lines or as otherwise defined by the Planning Board.
Official authorization issued by the Building Inspector that
premises conform to the applicable provisions of this chapter, the
New York State Uniform Fire Prevention and Building Code, and other
applicable regulations, and may be legally used or occupied.
As used herein, a use shall be determined by the Zoning Administrator
to have ceased or terminated when it has been discontinued either
temporarily or permanently, whether with intent to abandon such use
or not.
A building in which public religious worship is conducted,
which may include meeting halls, parish houses and similar facilities.
An exhibition of wild and trained animals, aerobatic feats,
together with side shows and vending concessions.
The removal of 30% or more of trees over four inches dbh
within an area of 1/2 acre or less within a ten-year cutting cycle.
[Added 11-11-2008 by L.L. No. 2-2008]
A building designed or used for the diagnosis and treatment
of human or animal patients, which does not include overnight care
facilities.
A building to house a club or social organization not conducted
for profit and which is not adjunct to, or operated by, or in connection
with, a public tavern, bar, cafe or other public place.
A development pattern in which uses are grouped (clustered)
through a density transfer within a particular development, rather
than spread evenly throughout a parcel as in conventional lot-by-lot
development, in order to achieve the purposes stated herein.
A provider of commercial communications services which installs
an antenna or other communications facility on an existing structure
which already supports one or more facilities used by other commercial
communications providers.
[Added 3-28-2000 by L.L. No. 1-2000]
An enclosed structure, cabinet, shed or box containing batteries,
electrical equipment and other devices needed in the operation of
communications equipment.
[Added 3-28-2000 by L.L. No. 1-2000]
An establishment engaged in providing indoor entertainment
for a fee or admission charge, including dance halls, bowling alleys,
billiard and pool establishments, membership sports recreation clubs,
and game parlors (see also specific uses separately regulated).
Those uses listed under the heading "Commercial" in the Schedule
of Use Regulations[2] and any uses of a similar type.
See "vehicle, commercial."
A device, including but not limited to whips, dishes or panels,
for transmitting and receiving electromagnetic waves, with or without
connecting wires, as part of a business activity.
[Amended 3-28-2000 by L.L. No. 1-2000]
The use of a single mount on the ground by more than one
carrier and/or several communications mounts on a building or structure
by more than one carrier.
A term intended to include all of the various structures
and devices which transmit and/or receive electromagnetic waves in
order to provide commercial communication services, including, but
not limited to, cellular telephone service and personal communications
services. Facilities include towers, antennas and any accessory structures
or equipment designed and constructed for use by a commercial provider
of such services.
[Added 3-28-2000 by L.L. No. 1-2000]
A receiver/relay transmitter designed to enhance the strength
of a signal which is transmitted from a different location.
[Added 3-28-2000 by L.L. No. 1-2000]
A man-made combination of materials assembled at a fixed
location to give support or shelter to a device for transmitting and
receiving electromagnetic waves, including but not limited to a tower,
dwelling, accessory building, trailer, platform, fence, sign, flagpole,
silo or other building.
[Added 3-28-2000 by L.L. No. 1-2000]
An erect structure or framework, either self-supporting or
secured to the ground or other surface by diagonal cables, designed
to support devices which transmit and/or receive electromagnetic waves
in order to provide commercial communications services, including
but not limited to receiving and/or relaying antennas and/or equipment;
electrical or cable power lines of any transmission or conductance
range; or any other equipment or device. A tower includes both the
primary structure and any supporting apparatus which is attached to
it.
[Added 3-28-2000 by L.L. No. 1-2000]
Any building, structure, park, or recreation area or other
area for the general use of the residents of the Town or the public.
Not disruptive or incongruous with the existing neighborhood
and the intended goals and objectives of the community, as stated
in both this chapter and the Town's Master Plan.
See "Master Plan."
An establishment for hire as a location for events used for
business or professional conferences and seminars, often with rooms
for lodging, eating, and recreational activities. Also, an establishment
which attracts clients principally for recreational or health activities
and contains rooms for lodging and eating for its clients.
[Amended 6-8-2021 by L.L. No. 4-2021, effective 6-17-2021]
The Conservation Advisory Committee of the Town of Clinton,
New York.
Space inside an enclosed building, used for the storage or
keeping of construction or other supplies, materials, equipment, machinery,
or vehicles, or parts thereof, by a construction or other contractor
residing on the premises. Such accessory use shall also apply to other
than contractors.
Any space, whether inside or outside a building, used for
storage or sale of construction supplies, materials, equipment, machinery,
or vehicles, or parts thereof by a contractor or other establishment
if the use of such supplies, materials, equipment, machinery or vehicles
is not approved or permitted on the same lot.
[Added 11-11-2008 by L.L. No. 2-2008]
For the purposes of § 250-78, the "controlled area" shall mean:
Any area within 100 feet of a watercourse, lake or pond;
Any wetland between five acres and 12.4 acres and the area within
100 feet of the boundary of such wetland;
Any wetland between 1/2 acre and five acres and the area within
50 feet of the boundary of such wetland; and
Land within the one-hundred-year floodplain.
"Clinton, NYs, the controlled areas shall be as depicted on the map entitled "Clinton, NY – Proposed Water Protection Amendment," dated April 2008, revised August 2008, or such revised updated and adjusted map as may be approved by later resolution of the Town Board and as prepared by the GIS Lab Environment Program on file in the office of the Clerk of the Town of Clinton.
A retail store, primarily used to sell food, beverages, and/or household supplies, which has hours of operation outside of those prescribed in § 250-11 and constructed after the effective date of this chapter.
A change in use or occupancy of a building, generally by
alteration or by other reorganization to increase the number of families
or dwelling units within a structure.
See "building coverage."
A local street, one end of which is closed and consists of
a circular turnaround.
A portion of land surface or area from which earth has been
removed or will be removed by excavation.
Any facility which is licensed to operate pursuant to New
York State Social Services Law § 390 and provides care for
a child on a regular basis away from the child's residence for less
than 24 hours per day by someone other than the parent, step-parent,
guardian or relative within the third degree of consanguinity of the
parents or step-parents of such child. For the purposes of this chapter,
day-care facilities are defined as follows:
FAMILY DAY-CARE HOMEA program caring for children for more than three hours per day per child in which child day care is provided in a family home, i.e., dwelling unit, under this chapter, for three to six children. A family day-care home may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, during school lunch periods, on school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the Department of Social Services.
GROUP FAMILY DAY-CARE HOMEA program caring for children for more than three hours per day per child in which child day care is provided in a family home for seven to 10 children of all ages, including not more than four children under two years of age, or up to 12 children where all of such children are over two years of age, except for those programs operating as a family day-care home as defined herein, which care for seven or eight children. A group family day-care home may provide child day-care services to two additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the Department of Social Services.
DAY-CARE CENTERAny program provided for more than three but less than 24 hours a day away from the child's home by an individual association, corporation, institution or agency for seven or more children except those programs operating as group family day care as defined herein and by New York State Social Services Law § 390.
SCHOOL-AGE CHILD CAREA program caring for more than six school-aged children who are under 13 years of age or who are incapable of caring for themselves as defined in New York State Social Services Law § 390.
NURSERY SCHOOLAny program, whether licensed with the New York State Department of Education or not, provided in one or two sessions, each of less than three hours a day, away from a child's home, except a family day-care home, group family day-care home or day-care center.
Unit of measure of the power level of air electromagnetic
signal expressed in decibels referenced to one milliwatt.
[Added 3-28-2000 by L.L. No. 1-2000]
Any dismantling, intentional destruction or removal of buildings or structures, not including accessory structures defined in § 250-22B.
[3]The ratio of land area per dwelling unit on a lot; "gross
density" refers to the ratio of the land area of the total lot to
the number of dwelling units; "net density" refers to the ratio of
the land area of the developed or developable portion of the lot,
excluding streets, open space, and water resources as regulated herein,
to the number of dwelling units. Unless stated otherwise herein, "density"
shall mean "gross density," as defined above.
A term which, when used with reference to a building, shall
mean either (1) not connected to another building by any physical
construction, or (2) connected to another building by some physical
construction, but without at least one common wall. See also definitions
for "attached" and "semi-detached."
Any humanly incurred change to improved or unimproved real
estate, including, but not limited to, buildings or other structures;
mining, dredging, filling, clearing, grading, paving, excavation,
or drilling operations, but excluding normal agricultural, conservation,
or forest management activities.
An area or section of the Town described on the Zoning District
Map contained within this chapter, and within which certain zoning
regulations apply.
Any district in which any of the residential uses listed
in the District Schedule of Use Regulations[4] is permitted.
Used in reference to land, this term shall mean any human
alteration, including but not limited to grading, filling, excavating,
or stripping.
An establishment in which patrons are not required to enter
the building in order to be served, sold a product, or entertained,
including but not limited to drive-in outdoor theaters, refreshment
stands, and fast-food restaurants which have drive-in windows. Banks,
postal deposit services, and businesses requiring patrons to enter
a building in order to be served shall not be considered drive-in
businesses as defined herein.
Land situated on a lot used or intended to be used to provide
access to a lot by vehicular traffic.[5]
Land used for the disposal by abandonment, dumping, burning
or any other means, and for whatever purpose, of garbage, sewage,
sludge, trash, refuse, junk, discarded machinery, vehicles or parts
thereof, or waste material of any kind. A dump shall not be construed
to include compost materials, leaves, or brush.
A house or other building designed or used primarily for
human habitation. The word "dwelling" shall not include tourist homes,
mobile homes, camping vehicles, motels, hotels or other structures
designed for transient or temporary residence. A bus is not construed
to be a dwelling.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, including kitchen facilities and
bath for only one family, and having no enclosed space, other than
vestibules, entrances or other hallways or porches, or cooking or
sanitary facilities in common with any other dwelling unit. A boardinghouse,
tourist home, motel, inn, nursing home, or other similar building
shall not be deemed to constitute a dwelling unit.
A dwelling unit having its own exterior or interior entrance which is subordinate to, and located on the same lot as, the principal residence. An accessory dwelling unit may or may not be located within the principal residence. See § 250-29, Accessory dwelling units.
A detached, semi-detached or attached building or group of
buildings, or portions thereof, on one lot, containing three or more
dwelling units.
A two-family or multifamily dwelling with party walls separating
adjacent dwelling units, with each dwelling unit having separate entrances
from the outside.
A detached building designed for the use of a single household,
including one or more persons living as a family, and wherein not
more than two boarders are sheltered and/or fed for profit.
A detached, semi-detached or attached building, or portion
thereof, containing two dwelling units only, but not including a single-family
dwelling to which an accessory dwelling unit, as permitted herein,
has been added.
Any public or private school or other organization conducting
a regularly scheduled comprehensive curriculum of academic instruction
similar to that furnished by kindergartens, primary or secondary schools
or institutions of higher learning operated under the Education Law
of New York State, except vocational schools, which are listed separately
in the Schedule of Use Regulations.[6] Alternate care facilities, correctional institutions,
day-care centers or nursery schools are not construed to be educational
institutions, as regulated herein.
The Electronics Industry and Telecommunications Industry
Associations' structural standards for steel antenna towers and antenna
supporting structures.
[Added 3-28-2000 by L.L. No. 1-2000]
A building or related group of buildings, or an area of a
lot, for purposes of the conduct of one principal commercial use and
its permitted accessory uses, located on a single lot. A nonresidential
building in which two tenants lease space shall be construed as housing
two establishments.
Organized gatherings for profit, such as business or professional
conferences, meetings, retreats or seminars, and/or recreational or
health activities, and/or parties, including but not limited to weddings
and family reunions.
[Added 2-9-2021 by L.L.
No. 1-2021, effective 2-16-2021]
The location designated on the approved site plan of an agricultural
event venue or conference center that will be used for events, including,
but not limited to, outdoor areas, parking areas, buildings and structures.
[Added 2-9-2021 by L.L.
No. 1-2021, effective 2-16-2021; amended 6-8-2021 by L.L. No. 4-2021, effective 6-17-2021]
Any activity which removes and/or processes material such
as soil, topsoil, rock, gravel, sand, earth, turf or other mineral
or similar substances from their natural location in or on the ground,
including digging, cutting, crushing, screening, washing, or other
processing.
The Federal Aviation Agency. The government agency responsible
for regulating aeronautical activities in the United States and the
structures and actions which affect them.
[Added 3-28-2000 by L.L. No. 1-2000]
That portion of the FAA regulations referring to tall structures,
which includes requirements for reporting, lighting, special painting,
etc.
[Added 3-28-2000 by L.L. No. 1-2000]
The notice of construction or alteration required by the
FAA for tall structures.
[Added 3-28-2000 by L.L. No. 1-2000]
The face or front of a building facing the major or principal
street.
Any establishment, business, building, structure, operation,
or equipment used or intended for use.
A building or group of buildings, usually with equipment,
where goods are manufactured.
Any structure or component thereof designed primarily for
residential occupancy which is wholly or in substantial part constructed
in off-site production facilities intended or designed for the permanent
installation, and/or assembly, on an approved building site. To qualify
under this definition, the structure must be built to the National
Manufactured Housing Construction and Safety Standards Act of 1974
and/or current national standards.
An occasional or periodic exhibition of farm products and/or
livestock, usually accompanied by amusement features and for which
an admission fee may be charged.
A family consists of (1) one person, or two or more persons
related by blood, marriage or adoption; or (2) not more than five
persons not necessarily related by blood, marriage or adoption, and
in addition to (1) or (2), any domestic servants or gratuitous guests
or persons for whom foster care is provided, who live together in
a single dwelling unit and maintain a common household.
Persons related by blood or adoption as parents, grandparents,
sons, daughters, grandchildren, brothers, sisters; or by marriage
as spouses, parents or grandparents of spouses, sons-in-law, daughters-in-law,
brothers-in-law, sisters-in-law; not including cousins and other relatives
or nonrelatives except as listed in this definition.
See “floor area ratio.”
A parcel of land of not less than five acres used for the
production of crops, livestock or livestock products, including dairy,
poultry, aquaculture, fruit, vegetable and field crop farms, plantations,
orchards, nurseries, greenhouses or other similar operations used
primarily for the raising of agricultural or horticultural commodities
and having an annual gross sales value of production of $1,000 or
more. The term "farm" includes necessary farm structures within the
prescribed limits of the farm parcel and the storage of equipment
as part of the farm operation. The term "farm" excludes public stables
and dog kennels. See related definitions and regulations for animal
husbandry, public stables, kennels, and veterinarian's offices.
The principal building used as a dwelling on a farm, as defined
herein.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil
Survey, that is of statewide importance for the production of food,
feed, fiber, forage, and oilseed crops as determined by the appropriate
state agency or agencies. Farmland of statewide importance may include
tracts of land that have been designated for agriculture by state
law.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
The Federal Communications Commission. The government agency
responsible for regulating telecommunications in the United States.
[Added 3-28-2000 by L.L. No. 1-2000]
The inventory form for the Tower Structure Registration Program
of the FCC.
[Added 3-28-2000 by L.L. No. 1-2000]
The FCC manual titled "Evaluating Compliance With FCC Specified
Guidelines For Human Exposure To Radio Frequency Radiation."
[Added 3-28-2000 by L.L. No. 1-2000]
A structure, other than a building, which is erected as a
barrier for the purpose of preventing passage and/or view.
Sand, gravel, earth, or other materials of any composition
whatsoever placed or deposited by humans.
The person designated by the Town Board to administer the
duties of this position as defined herein.
The official map of the Town of Clinton on which the Federal
Emergency Management Agency has delineated the boundaries of the special
flood hazard area. The FHBM is replaced by the Flood Insurance Rate
Map (FIRM) when the latter becomes effective.
A land area adjoining a river, stream, watercourse, or lake
which is susceptible to being inundated by water from any source.
The term "one-hundred-year floodplain" shall mean the highest elevation
of water from flooding that, on the average, is likely to occur once
every 100 years, or a one-percent chance of occurring each year.
The sum of the horizontal area of the floor or floors of
a building as measured from the exterior faces of exterior walls or
from the center line of walls separating two buildings, but not to
include attached, semi-detached, or built-in garages, porches or terraces,
basements or unfinished floor area, including attics, having clear
head room of less than seven feet.
The sum of the gross floor area of all structures on a lot
divided by the lot area as defined herein.
When used in reference to a structure, the term "footprint"
shall mean the area covered, or which would be covered, by the structure
at the intersection of the exterior walls of the structure with the
ground.
The raising, harvesting and sale of forest products.
When referring to a sign, the term "freestanding" shall mean
"unattached to another structure" or "supported by its own structure."
A building or part thereof used for human funeral services.
Such a building may contain space and facilities for (1) embalming
and the performance of other services used for the preparation of
deceased persons for burial; (2) the performance of autopsies and
other surgical procedures; (3) the storage of caskets, funeral urns,
and other related funeral supplies; and (4) the storage of funeral
vehicles, but shall not include facilities for cremation. A funeral
chapel shall be considered to be an accessory use of a funeral home.
An enclosed space, whether an accessory building or part
of a principal building, for the storage of one or more vehicles,
provided that no business, occupation or service, other than a home
occupation authorized herein, is conducted for profit therein nor
does it contain space for more than one car owned by or leased to
a nonresident of the premises. Unless otherwise specified, the term
"garage" shall mean "private garage."
A garage or covered parking lot conducted as a business.
The rental of storage space for more than two passenger cars or one
commercial vehicle not owned by a person residing on a premises shall
be deemed a "parking lot." See also "parking lot."
Any premises where gasoline, other petroleum products and
automotive accessories are sold, and which may or may not include
facilities for lubricating and other minor servicing of motor vehicles.
Automotive service facilities shall not include premises where automotive
repair activities such as engine overhauls, automobile painting, body
work, or auto sales or rental are conducted.
The General Municipal Law of the State of New York, Chapter
24 of the Consolidated Laws.
The effect by reflections of light with intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility in any material respects.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
The elevation of the center line of the street as established
by the Town, county or state highway authorities.
The elevation at which the finished surface of the lot surrounding
a structure, either naturally occurring or upon completion of any
change in contour, intersects the walls and supports of the structure.
A measure of the percentage of calls which are able to connect
to the base station during the busiest hour of the day, expressed
as the remainder percentage of calls which are unable to connect.
For example, p .05 means that 95% of callers will connect on their
first try. A lower number (e.g. p .04) indicates a better grade of
service (96% of callers are able to connect on their first try).
[Added 3-28-2000 by L.L. No. 1-2000]
Any operation, other than in connection with foundations
or for a structure or highway construction, involving a change in
ground elevation exceeding 10 feet from the previously existing grade.
Installed on or in the ground and not attached or affixed
to any structure.
[Added 11-10-2015 by L.L.
No. 4-2015, effective 11-20-2015]
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
which generates electricity for onsite or offsite consumption.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
The region or environment where a plant or animal grows or
lives.
Means, without limitation, any flammable, explosive, radon,
radioactive materials, asbestos, urea formaldehyde foam insulation,
polychlorinated biphenyls, petroleum, petroleum and petroleum products,
methane, hazardous materials, hazardous wastes, hazardous or toxic
substances or related materials as defined in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.
§ 9601 et seq.), the Hazardous Materials Transportation
Act, as amended (49 U.S.C. § 1801 et seq.), the Toxic Substances
Control Act, as amended (15 U.S.C. § 2601 et seq.), Articles
17 and 27 of the New York State Environmental Conservation Law or
any other applicable environmental law and the regulations promulgated
thereunder.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
An occupation or business activity which results in a product or service, conducted entirely within a dwelling unit. A home occupation shall be clearly subordinate to the residential use of the dwelling unit. See § 250-56, Home occupations.
A legally established membership organization, created and
regulated under the authority of the Attorney General of New York
State, for the purpose of maintaining joint ownership of property.
Such organization shall have the power to collect funds to assure
property maintenance, including the ability to impose liens against
lot owners or dwelling unit owners.
An establishment for temporary occupation, including overnight
admission, of the sick or injured for the purpose of medical diagnosis
and treatment. Such an establishment may be either public or private,
and shall be limited to the treatment or care of humans. See also
"clinic," "nursing or convalescent home," and "alternate care facility."
The estimate of the amount of distributed energy resources
that may be accommodated without adversely impacting power quality
or reliability under current configurations and without requiring
infrastructure upgrades.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
A building or group of buildings which offers rental sleeping
rooms, and which may also include dining rooms, bars, kitchens, serving
rooms, ballrooms and other facilities and services intended primarily
for the accommodation of its patrons.
Includes the entire range of economic activity, and as applied
to specifics, i.e., manufacturing, wholesale, retail, services, etc.,
shall have the meaning set forth in the Standard Industrial Classification
Manual, published by the Executive Office of the President, U.S. Office
of Management and Budget, as currently updated.
A lot, land or structure, or part thereof other than a completely
enclosed building, over 200 square feet in area used for or occupied
by the collection, storage and/or sale of waste materials; or for
the collection, dismantling, storage and salvage other than in a fully
enclosed building of machinery or vehicles not in operating condition
and/or for the sale of their parts. Two or more motor vehicles not
in operating condition shall be deemed to constitute a junkyard. A
vehicle shall be deemed not to be in "operating condition" if it is
no longer in condition for legal use on the public highways, i.e.,
registered and inspected, if required, for one month.
Any premises on which are kept four or more dogs more than
six months of age for the purpose of boarding, care or breeding.
An inland body of water that, for the purposes of this chapter,
has a surface water area at the mean high water mark of one acre or
larger.
Vegetation and terrain left undeveloped and essentially unaltered
in its natural state in order to allow vegetation and wild animals
to be untouched by human actions.
A lot or land area used for the disposal or abandonment,
burial, burning, or other disposition and for whatever purpose, of
garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof, or waste material of any kind, including construction
debris. A private compost pile shall not be construed as a landfill.
A business establishment equipped with individual clothes-washing
and drying and/or cleaning machines for the principal use of retail
customers.
A use involving the manufacture of a product, but not requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in violation of the performance standards stated within § 250-28 of this chapter.
Any person who occupies a dwelling or accessory dwelling
unit or any part thereof while it is being utilized as a short-term
rental in exchange for consideration, monetary or otherwise.
[Added 11-10-2020 by L.L.
No. 2-2020, effective 11-17-2020]
A piece, parcel, tract or plot of land owned in fee, and
occupied or designed to be occupied by a principal building or buildings
and including the yards and other open spaces required by this chapter.
"Premises" and "property" may mean one lot or multiple lots, when
used with reference to a subdivision. Where a lot is in common ownership
as part of a cluster development, "premises" shall mean the area related
to or property owned by residents of one dwelling unit.
The total land area of a lot within the property lines, excluding
any area devoted to external streets.
The calculation of minimum lot area as required in this chapter
shall be construed to include areas covered by utility easements and
conservation easements, shall exclude areas not owned and shall exclude
areas devoted to public streets.
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 right-of-way is the "corner."
The entire unvegetated area of the lot, including the area
covered by all structures, parking areas, driveways, walkways, patios
and terraces.
The horizontal distance from the street line of the lot to
its opposite rear line measured along the median between the two side
lot lines.
That portion of the lot which abuts the street.
A lot other than a corner lot.
The lines that bound a lot as defined herein.
Any lot which has been established as such by plat, survey, record, or deed prior to the effective date of this chapter as shown on the records of the Dutchess County Clerk's Office. For use of existing lots of record, see § 250-18, Existing lots of record.
A lot which does not achieve the minimum lot width at the minimum required setback distance from the street, and therefore requires an accessway, which shall be a minimum width of 40 feet. See § 250-25, Rear lots.
Any lot which is of less than the prescribed lot area, lot
width, or lot frontage for the district in which it is located.
An interior lot having frontage on two parallel or approximately
parallel streets.
The horizontal distance between the two side lot lines measured
at a right angle to the lot depth.
The required lot width measured at the front building line.
An establishment which uses industrial equipment such as
metal lathes, grinders, polishers, welding equipment, drill presses,
computer-driven machinery, electronic test equipment or similar tools
to do repair or manufacture of any item, product, machinery, engine,
vehicle or any parts thereof, including automobile or truck body repair
or painting.
The collection of solid animal wastes for subsequent disposal,
application, or other use. Manure storage shall not be construed to
include the use of manure as part of a compost operation.
A long-range plan officially recognized as a guide for the
physical growth and development of a community, also called a "comprehensive
plan."
A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, whether or
not connected to utilities, and designed and constructed with or without
a permanent foundation for year-round living. A unit may contain parts
that may be folded, collapsed or telescoped when being towed and expanded
later to provide additional cubic capacity as well as two or more
separately towable components designed to be joined into one integral
unit capable of again being separated into the components for repeated
towing. "Mobile home" shall include units designed to be used for
residential, commercial, educational or industrial purposes, excluding
camping trailers. A factory-manufactured home as defined herein shall
not be construed as a mobile home.
Any lot on which two or more mobile homes are located regardless
of whether or not a charge is made for such accommodations.
A building or group of buildings containing not less than
eight individual rental living and sleeping units, each of which is
provided with a separate exterior entrance and a parking space and
is offered for rental use principally by motor vehicle travelers.
The term "motel" includes, but is not limited to, similar establishments
known as an “auto court,” “motor hotel,” “motor
court,” “motor inn,” “motor lodge,”
or “tourist court.” The term "motel" shall not be construed
to include a truck terminal. A restaurant shall not be construed to
be an accessory use of a motel.
A self-propelled vehicle designed or equipped for temporary
living quarters. See also "camping vehicle."
A lot on which is located a building and/or open area other
than the street used for the display, sale or rental of new or used
automobiles, vans, trucks, cargo trailers, motorcycles, motor homes,
or other vehicles requiring registration for road use.
The person designated by the Town Board, who shall administer
the duties of the Zoning Administrator and Building Inspector. The
Municipal Code Enforcement Inspector shall have all the duties and
powers prescribed herein to the Zoning Administrator and the Building
Inspector. Accordingly, all references in the Town Code to the Zoning
Administrator and Building Inspector shall be deemed to include the
Municipal Code Enforcement Inspector as if the Municipal Code Enforcement
Inspector is explicitly referenced therein. See "Building Inspector"
and "Zoning Administrator".
[Added 2-9-2021 by L.L.
No. 2-2021, effective 2-16-2021]
A lawful existing building or structure which contains a
use permitted in the zoning district in which it is located, but which
does not conform to the applicable district regulations for lot area,
size, coverage or yards, or maximum height after the effective date
of this chapter. A fence shall not, however, be construed to be a
nonconforming structure. An unlawful building or structure is not
a nonconforming building or structure.
A lot of record which does not comply with the area, width,
shape, or frontage provisions of this chapter for the district in
which it is located. Noncompliance with minimum parking setbacks shall
not be construed to cause a lot to be a nonconforming lot.
Any sign lawfully existing prior to the effective date of
this chapter which does not conform to the provisions of this chapter
for the district in which it is located.
Any use lawfully existing prior to the effective date of
this chapter, which use is not permitted by or does not conform with
the permitted use provisions of this chapter for the district in which
it is located. An unlawful use prior to the effective date of this
chapter is not a nonconforming use.
A nonconforming use, lot, building, or other structure which
existed lawfully, whether by variance or otherwise, on the effective
date of this chapter and which fails to conform to one or more of
the provisions of this chapter or such amendment. No nonconforming
use, lot, building, or other structure shall be deemed to have lawfully
existed on the effective date of this chapter unless it can be proven
that it was actually in being on such date and that its use was lawful
under all laws existing at the time, or that a valid building permit
had been issued and actual construction lawfully begun prior to that
date. Actual construction is hereby defined as the placing of construction
materials in a permanent position in accordance with the plans for
the building or other structure and with the intent to complete the
construction in an expeditious manner.
Any use which is dangerous, offensive or injurious by reason
of the emission of dust, smoke, refuse matter, odor, gas fumes, noise
or vibration in contravention of the standards and criteria established
by this chapter and other applicable laws, rules, codes and regulations.
An interference with the enjoyment and use of property.
An establishment consisting of gardens, greenhouses, and/or
land under cultivation, and may include buildings and structures associated
with these activities, which grows trees, plants, flowers, shrubs,
or vegetables for sale. Such establishment is permitted to sell primarily
those products produced or grown on the property. Purchase of products
or produce for resale is not permitted, nor are machine sales or repair
to be construed as accessory uses of a nursery.
See "day-care facility."
Any establishment where persons are housed or lodged and
furnished with meals and nursing care for hire. For the purposes of
this chapter, nursing and convalescent homes are considered alternate
care facilities.
The use of a building, structure or land.
Occupancy for a period not exceeding four months during any
one calendar year.
A building or portion thereof wherein professional, administrative,
or clerical services are performed, which are sold primarily to other
businesses and generally not to the public. Two tenants, each conducting
its own business, shall be construed to be two establishments.
A building or portion thereof wherein professional, administrative,
or clerical services are performed, which are sold or offered for
sale to the public. Two tenants, each conducting its own business,
shall be construed to be two establishments.
A map, adopted by the Town Board, showing streets, highways
and parks heretofore laid out, adopted and established in accordance
with § 270 of the Town Law, or which may have been revised
according to the provisions of § 273 of the Town Law.
Land and/or water in its natural state and containing no
buildings or structures or land set aside or dedicated to remain unimproved
except for improvements in support of agriculture.
A statute passed in accordance with the procedures set forth
in Town Law, the Municipal Home Rule Law or other appropriate laws,
rules and regulations. Any use of the word "law" or "local law" may
be construed to mean "ordinance," if the document referred to was
passed as an ordinance.
An event or a portion of an event that occurs outside a building
or structure, including events or portions of events held within tents,
gazebos or other nonenclosed structures.
[Added 2-9-2021 by L.L.
No. 1-2021, effective 2-16-2021]
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
or executor trustee of a building, structure or premises. The term
"owner" shall not include another member of the owner's family, unless
that member is jointly an owner, or power-of-attorney is demonstrated
to have been executed thereto.
Any land and/or associated structures created and maintained
by a municipality or organization for the express use and enjoyment
by the general public for recreational purposes.
The keeping of a vehicle for less than 48 hours. See "storage."
A lot on which patrons are allowed to park or store vehicles
which can include a structure for collecting money or handling tickets.
A parking lot includes a public garage.
The area required for parking one vehicle. See § 250-63, Off-street parking and loading.
Any finely divided liquid or solid matter, including smoke,
capable of being air-, gas- or waterborne.
Perennial vegetation shall mean vegetation which grows back
on its own for multiple years, but does not include any prohibited
or regulated invasive species as determined by the New York State
Department of Environmental Conservation.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
Regulations in this chapter for the control of particular
activities which are considered objectionable, offensive or hazardous.
A specific use noted with the "permitted use" symbol in the
Schedule of Use Regulations,[7] and for which land, lots, buildings or structures may
be used, occupied or maintained under this chapter.
Any individual, firm, corporation, partnership, association,
trustee or legal government entity.
An establishment primarily engaged in providing services
involving the care of a person, including but not limited to barber
and beauty shops.
An inland body of water that, for the purposes of this chapter,
has a surface water area at the mean high water mark of one acre or
larger.
A porch open on three sides except for wire screening. A
porch shall not be considered open if enclosed by either a permanent
or detachable glass sash. A structure having a driveway running to
it, under it, or through it shall not be considered an open porch.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s Soil
Survey Geographic (SSURGO) Database on Web Soil Survey, that has the
best combination of physical and chemical characteristics for producing
food, feed, fiber, forage, and oilseed crops and is also available
for these land uses.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
Soils that have the best combination of physical characteristics
for the production of food, feed, fiber, forage, oilseed, and other
agricultural crops with minimum inputs of fuel, fertilizer, pesticides
and labor, and without intolerable soil erosion. Such soils do not
include land committed to urban development, water storage, or other
uses that cannot economically be returned to agriculture. Specific
prime and statewide important soil types for Dutchess County are determined
by the United States Department of Agriculture Soil Conservation Service.
The main use permitted under the zoning classification in
accordance with the zoning district regulations. See also "principal
building."
An establishment that provides duplicating services using
photocopy, blueprint, or offset printing equipment, or collating of
booklets and reports, for sale to the public, and having total personnel,
including owner(s), of no more than five people.
An establishment that provides duplicating services using
photocopy, blueprint, or offset printing equipment, or collating of
booklets and reports, or large-scale book publishing or other printing,
primarily for sale to other businesses, and only incidentally to the
public, and any printing establishment having total personnel, including
owner(s), of more than five people.
Any use which is not listed in the Schedule of Use Regulations[8] or which is not listed and designated as a permitted use,
special permit use, or permitted accessory use, in a specific zoning
district shall be considered a prohibited use in that zoning district,
as herein defined.
See “stable, public."
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale, as a commercial or industrial
operation, and exclusive of the process of grading preparatory to
the construction of building for which a building permit has been
issued, or highway construction.
Computer-generated estimates of the radiation emanating from
antennas or repeaters located on a specific tower or structure. The
height above ground, and above mean sea level, power input and output,
frequency output, type of antenna, antenna gain, topography of the
site and its surroundings are all taken into account to create these
simulations.
[Added 3-28-2000 by L.L. No. 1-2000]
Public or private land developed with facilities for passive
recreation, e.g., trails, picnic areas, and/or with facilities for
active outdoor individual or organized recreation, such as ball fields,
tennis courts, swimming, or ice-skating.
See "camping vehicle."
A lot or land area for the collection of waste materials
which are to be re-used, or recycled, and which are subsequently transported
to the re-use location or another collection point. See also "transfer
station."
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products except
as incidental to the principal purpose of the laboratory. See the
Schedule of Use Regulations, "Light Manufacturing."[9]
Used as or for a dwelling, as herein defined. See also "district,
residential."
A development pattern in which dwellings are concentrated
in specific areas of the site to allow the remaining land to be used
for recreation, common open space, and preservation of environmentally
sensitive areas.
An establishment for the preparation, serving and consuming
of food and beverages. Drive-in windows shall not be construed to
be an accessory or principal use for a restaurant. A take-out counter
within a restaurant building shall be construed to be an accessory
use. See also "drive-in business."
An establishment other than a restaurant or other eating
and/or drinking establishment where goods or products are sold or
rented or services offered to the public. Special use permit or site
plan approval shall be limited to the specific use applied for, not
for "retail business or service" as a category.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
This area includes all lands in the Town of Clinton which
are 500 feet above mean sea level or higher.
[Added 3-28-2000 by L.L. No. 1-2000]
Lands of particular scenic and historic importance to the
Town of Clinton, which are subject to regulations which exempt single-family
residences and agricultural uses. Included are the Ridgeline Protection
Overlay Area and the Scenic and Historic Protection Overlay Area.
[Added 3-28-2000 by L.L. No. 1-2000]
A legal right of use and passage over, under or through another
person's property, including an easement.
A public way primarily used, or intended to be used, for
passage or travel by motor vehicles. Unless otherwise specified, measurement
shall be to the center line of the street. The "edge" of such public
way shall mean the shoulder or ditch.
Any structure or vehicle whose principal use is to display and sell produce and/or farm products produced on the property, and which uses its proximity to a roadway to attract potential customers. See § 250-75, Temporary permits.
Installed on or connected to any building or structure.
[Added 11-10-2015 by L.L.
No. 4-2015, effective 11-20-2015]
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for onsite
or offsite consumption.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
Any parabolic dish, antenna, or other device or equipment
of whatever nature or kind, more than two feet in diameter, the primary
purpose of which is to receive television, radio, microwave or other
electronic signals from space satellites. This does not include any
device which transmits and receives electromagnetic waves in order
to provide commercial communications services.
[Amended 3-28-2000 by L.L. No. 1-2000]
A facility which uses mechanical processes to transform wood
through cutting, sawing, or shredding operations, for commercial purposes.
Such definition shall not be construed to limit, strictly as an accessory
use, the operation of portable sawing machinery for which no structures
are erected.
This area includes lands which are within the Taconic State
Parkway Viewshed, within the hamlets included on the Town Zoning District
Map and within Clinton's seven Critical Environmental Areas.
[Added 3-28-2000 by L.L. No. 1-2000]
An educational institution for elementary education.
Educational institution for secondary education.
Any school having scheduled sessions with employed instructors
who, as a principal activity, provide training in a trade or vocation,
under the supervision of the State of New York or a lawfully constituted
ecclesiastical governing body, or a corporation meeting the requirements
of the state.
See "occupancy, seasonal."
A term which, when used with reference to a building, shall
mean connected to another building by at least one common wall. See
also definitions for "attached" and "detached."
All exterior pipes, fittings, tanks, pits, and similar apparatus
for the collection, processing, and dispersal of sewage, but not including
such pipes or fittings between the building and the first such tank
or distribution point. All required setbacks for septic systems or
parts thereof shall not include the building's interior fixtures or
plumbing or the line from the building to the first tank or distribution
point.
The minimum horizontal distance from the property line to
any structure, roadway, parking area, accessory building or other
such improvement on the lot, except necessary driveways. See related
terms "yards," and "minimum yards."
The setback, as herein defined, measured to the center line of the roadway or street. See also § 250-23, Measurement and use of yards.
For camping trailers or camping vehicles, refers to the camping
trailer or camping vehicle when fully extended in accordance with
all designed expansions and foldouts affecting interior living space.
Any dwelling or accessory dwelling unit, or part thereof,
which is rented in exchange for consideration, monetary or otherwise,
by the owner(s) in exchange for temporary occupancy for a period of
less than 30 consecutive nights, and is not a bed-and-breakfast establishment,
hotel, motel, camp and campground.
[Added 11-10-2020 by L.L.
No. 2-2020, effective 11-17-2020]
HOSTED SHORT-TERM RENTALA short-term rental which has a dwelling or accessory dwelling unit that is occupied by the owner who resides in a dwelling or accessory dwelling unit located on the same lot or an adjacent lot as the short-term rental during the period the short-term rental is available to a lodger(s).
NONHOSTED SHORT-TERM RENTALA short-term rental exclusively occupied by a lodger(s), without the owner occupying the dwelling or accessory dwelling unit with all or part of the dwelling or accessory dwelling unit available to a lodger(s).
A document issued by the Zoning Administrator which permits
hosted short-term rental pursuant to the terms and conditions set
forth therein.
[Added 11-10-2020 by L.L.
No. 2-2020, effective 11-17-2020]
An entity which the owner of a dwelling unit or accessory
dwelling unit utilizes for the advertisement and reservation of their
dwelling or accessory dwelling unit as a short-term rental. Such entities
shall include but not be limited to Airbnb and Vrbo.
[Added 11-10-2020 by L.L.
No. 2-2020, effective 11-17-2020]
Any structure or part thereof, attached thereto, or painted
or represented thereon, or advertising display upon a building or
other surface, which displays or includes any letter, model, banner,
flag, pennant, insignia, device or representation. Such definition
shall apply only to representations which are visible from the outdoors.
A sign which directs attention to a business, profession
or industry located on the premises where the sign is displayed, to
the type of products sold, manufactured or assembled, and/or to service
or entertainment offered on said premises.
A sign advertising the sale of farm products raised on the
premises.
A sign used to identify the individual or organization occupying
the premises or the name of the building or structure in connection
with which the sign is displayed.
A sign advertising the property on which the sign is located,
or a building thereon, for sale, rent or lease.
See "conceptual plan."
Waste solids removed from sewage, including septage from
septic systems.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
The components and subsystems required to convert solar energy
into electrical energy suitable for use. The term includes, but is
not limited to, solar panels and solar energy equipment. The area
of a solar energy system includes all the land inside the perimeter
of the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows.
[Amended 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months, or estimated usage over the previous 12 months based on
new construction.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
A permit under which a specific use may be permitted if and
only if the use meets all the conditions required in this chapter
and all the general standards listed herein. For uses requiring special
use permits, see the Schedule of Use Regulations;[11] for general standards for special use permits, see § 250-97; and for conditions for special use permit approval of specific uses, see Article V, Supplementary Regulations.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
An accessory building in which horses are kept for private
use and not for hire, compensation or sale.
Any establishment where horses are kept for riding, driving,
or stabling for compensation or as an accessory use to the operation
of any club, association, ranch or similar establishment.
For the purposes of this chapter, steep slopes are determined
to be of two general classifications as defined below:
MODERATELY STEEP SLOPESLands exhibiting slopes of 15% to 25% as calculated by the vertical rise divided by the horizontal distance over any ten-foot interval and encompassing a geographical area of more than 10,000 square feet. (Example: a 1 1/2 foot vertical rise over a ten-foot interval is a 15% slope.)
EXTREMELY STEEP SLOPESLands exhibiting slopes of greater than 25% as calculated by the vertical rise divided by the horizontal distance over any ten-foot interval and encompassing a geographical area of more than 10,000 square feet.
The keeping of goods, vehicles, wares or supplies for any
length of time. Storage includes "parking." This definition, however,
shall not be construed as including the activities of a junkyard or
landfill as defined herein.
A device that stores electrical energy and makes it available
in an electrical form.
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
Storage on land outside any building or structure.
That part of a building between any floor, other than the
cellar floor, and the floor or roof next above.
See "road."
The boundary between a lot and the right-of-way line of a
street, as indicated by dedication or deed of record.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof, or any addition, change or rearrangement
in the structural parts, or removal of a structure from one location
to another.
A static construction, or assembly, or materials, the use
or occupancy of which requires a fixed location on the ground or attachment
to an object having such a fixed location. Structures shall include,
but are not limited to, buildings, stalls, booths, sheds, storage
bins, swimming pools, tennis courts, gasoline pumps, billboards, and
mobile dwellings. Structures shall not include common utility poles
and related items thereon, nor walls, fences, or signs. See also "accessory
structure."
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land.
The current standards and requirements known as "Subdivision
Regulations" for the Town of Clinton.[12] Wherever any requirement of this chapter is determined
by the Planning Board to be inconsistent with the Subdivision Regulations,
the more restrictive requirement shall apply.
Additional standards for general and specific uses, found in Article V herein.
Any body of water or receptacle for water having a depth
at any point greater than two feet and having a water surface area
greater than 100 square feet, used or intended to be used for swimming
or bathing, and constructed, installed or maintained on any building
or on a lot. Such definition shall exclude natural bodies of water
fed by rivers, streams, brooks or springs.
For the purposes of this chapter, this area includes all
lands in the Town of Clinton which are within 3,000 feet of the paved
surface of the Taconic State Parkway.
[Added 3-28-2000 by L.L. No. 1-2000]
See “bar or tavern.”
For the purposes of this chapter, "temporary" shall be defined
as a period of not more than 30 calendar days. See related terms "occupancy,
seasonal" and "transient."
Open land with appurtenant facilities used principally for
the showing of motion pictures to patrons seated in automobiles.
A building or part thereof used principally for presenting
entertainment on a paid admission basis.
That New York State licensed professional engineer, or engineering
firm, or employee of such firm, or Town employee or consultant, who
shall be chosen by the Town Board to perform duties of the Town Engineer
for purposes of this chapter.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
A vehicle designed exclusively for the transportation of
a boat or boats.
See "camping trailer."
A vehicle, not over 70 square feet in floor area, used for
the hauling of cargo.
A lot or land area, including structures, used for the collection
of garbage, waste, trash, refuse, junk, discarded machinery, vehicles
or parts thereof, or waste material of any kind, and/or recyclable
materials, for subsequent transportation to a disposal facility. A
transfer station may include a recycling center.
Used herein to mean any occupancy of duration less than or
equal to 14 days in a calendar year.
Any premises used by a motor freight company regulated by
the Public Service Commission of New York and/or the Interstate Commerce
Commission as a carrier of goods, which is the origin and/or destination
point of goods being transported, or an establishment used for storing,
transferring, loading and unloading such goods, or an establishment
for the origin, destination, loading or discharge of passengers on
public transportation.
The average height of a stand of trees.
The New York State Uniform Fire Prevention and Building Code,
a copy of which may be seen at the office of the Building Inspector.
The specific purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
The term "permitted use" shall not be deemed to include any nonconforming
use.
The controls that enumerate the permitted, principal, permitted
accessory and special permit uses within each of the zoning districts
established by this chapter.[13]
A provider of FCC-licensed commercial communications services
which operates on a facility it owns or leases from another owner.
For the purposes of this chapter, users do not include the customers
of FCC-licensed carriers, who may use wireless services provided by
these carriers.
[Added 3-28-2000 by L.L. No. 1-2000]
A corporation licensed and regulated under the laws of New
York State as a public utility. A "utility station or structure" is
any structure and/or related equipment constructed or erected, or
intended to be constructed or erected, by a public utility.
A modification of the strict letter of this chapter in a case where the strict interpretation could cause "practical difficulties" or "unnecessary hardships," as determined by the standards contained in this chapter. For the types of variances and the standards applied to each type, see § 250-98, Zoning Board of Appeals powers and duties. For exceptions to conditions required for special use permits, see § 250-97, Special use permits.[14]
Any vehicle, registered for use on public highways, including
but not limited to pickup trucks, trucks, vans, buses, trailers, which
(1) contains an exterior commercial identification, other than agriculture;
or (2) is used principally for business, other than agricultural operations.
Such definition shall exclude vehicles registered as special purpose
commercial vehicles or similar heavy vehicular machinery. Standard
unmarked automobiles designed only for passenger use shall not be
construed to be commercial vehicles.
Any person, including an employee or agent of another, who
sells, advertises, or offers to sell food, beverages, goods or merchandise
on or within the prescribed distance from any public street, right-of-way,
or sidewalk from a stand, motor vehicle or from his or her person.
Such definition shall not be construed to prohibit door-to-door sales
or solicitations, unless otherwise regulated by local law.
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment.
A building or portion thereof used for the storage of goods
or materials. This definition shall not be deemed to include storage
as an accessory use in connection with a permitted principal use on
the same property.
Any water discharged from a structure through a plumbing
fixture, including, but not limited to, sewage and any other waste
such as water softener brine produced on the premises.
A stream, creek, brook, or other path through which surface
water travels on a regular or seasonal basis. Drainage areas which
contain water only during and immediately after a rainstorm shall
not be considered watercourses.
Any area, which meets one or more of the following criteria:
[Amended 11-11-2008 by L.L. No. 2-2008]
Lands and waters that meet the definition provided in § 24-0107,
Subdivision 1, of the New York State Environmental Conservation Law,
Freshwater Wetlands Act, or as amended and updated. The approximate
boundaries of such lands and waters are indicated on the official
wetlands map promulgated by the Commissioner of the New York State
Department of Environmental Conservation, or as amended and updated.
An area that is comprised of hydric soils and/or are inundated
or saturated by surface or groundwater at a frequency or duration
sufficient to support, and under normal conditions do support, a prevalence
of hydrophytic vegetation as defined by the Federal Interagency Committee
for Wetlands Delineation, 1989, in the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands, Washington, D.C., and adopted
by the United States Army Corps of Engineers, United States Environmental
Protection Agency, and the United States Fish and Wildlife Service,
or as amended and updated. Hydric soils referenced above shall include
the soil types taken from the revised Dutchess County Soil Survey
Series, 1991, or such revised, updated and adjusted soil surveys as
may be completed. The wetland resources described above are designated
on maps from the New York State Department of Environmental Conservation
Environmental Conservation Law, Freshwater Wetlands Act and National
Wildlife Inventory maps developed by the United States Fish and Wildlife
Service.
An establishment primarily engaged in selling merchandise
to retailers, to other wholesalers, or to industrial, commercial,
institutional or professional business users, or primarily acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies, and only incidentally to the public.
Special use permit or site plan approval shall be limited to the specific
use applied for, not for "wholesale business" as a category.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
An arrangement or combination of components, including power
conditioning equipment, designed to provide electricity or mechanical
energy through the process of converting wind energy into mechanical
and/or electric energy and storing or distributing such energy. The
means of converting wind energy to electricity is accomplished by
a mechanical wind generator, wind turbine, wind power unit, or wind
energy converter, which are often generically referred to as a "wind
generator" or "windmill."
The open area which lies between a lot line and the nearest
wall of a building or group of buildings and shall be unoccupied,
except as herein permitted.
An open area extending across the entire width of the lot between the front main wall of a building and the center line of the street. See also § 250-23, Measurement and use of yards.
The open, unoccupied area created by the required shortest
distance from a property line that a building can be constructed or
erected, in accordance with the Area and Bulk Regulations prescribed
herein.[15]
An open space extending across the entire width of the lot
between the rear main wall of a building and the rear lot line.
Any sales of goods, indoor or outdoor, including but not
limited to garage sales, barn sales, and estate sales.
An open space extending along the side of a lot between a
side wall of a building and a side line of the lot and extending through
from the front yard to the rear yard.
The person designated by the Town Board to administer the
duties of this position as defined herein. See also "Municipal Code
Enforcement Inspector."
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010; 2-9-2021 by L.L. No.
2-2021, effective 2-16-2021]
The map delineating the boundaries of the various districts
established under this chapter which, along with the text, comprises
this chapter.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
[2]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
[4]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
[5]
Editor's Note: The former definition of "dude ranch," which
immediately followed this definition, was repealed 6-8-2021 by L.L. No. 4-2021, effective 6-17-2021.
[6]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
[7]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
[8]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
[9]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[10]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[11]
Editor's Note: The Schedule of Use Regulations
is included as an attachment this chapter.
[13]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
[15]
Editor's Note: The District Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
