Definitions. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.
ACCESSORY BUILDINGA building detached from and subordinate to a principal building on the same lot and used for purposes customarily incidental to those of the principal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A use customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or existing facilities of such building or structure or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location to another.
APARTMENT HOUSESee "dwelling, multifamily."
[Added 2-14-1996 by L.L. No. 1-1996]
See "dwelling unit."
[Added 2-14-1996 by L.L. No. 1-1996]
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.
AREA VARIANCEThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
[Added 8-11-1993 by L.L. No. 1-1993]
That space of the building which is immediately below and wholly or partly within the roof framing. An "attic" with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
BASEMENTA story partly below finished grade but having at least 1/2 of its height, measured from floor to ceiling, but not less than four feet, above average finished grade. A basement shall be counted as one story in determining the height of a building in stories.
BASE ZONING DISTRICTA portion of the Village of Kinderhook as delineated on the Official Zoning Map of the Village of Kinderhook having a corresponding set of provisions that serve as the underlying zoning requirements for that area. An overlay zone is imposed over a base zoning district.
[Added 6-29-2000 by L.L. No. 4-2000]
As defined in §
130-22A.
[Added 2-14-1996 by L.L. No. 1-1996; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated.
BOARDINGHOUSEA building, other than a hotel, containing a general kitchen and a general dining room, in which at least three but not more than six sleeping rooms are offered for rent, with or without meals. A lodging house, tourist house or rooming house shall be deemed a boardinghouse.
BUILDINGAny structure which is permanently affixed to the land, has one or more floors and a roof and is intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, SEMIDETACHEDA building attached by a party wall to another building normally of the same type on another lot, but having one side yard.
BULK REGULATIONSStandards that control the height, density, intensity and location of structures.
[Amended 6-29-2000 by L.L. No. 4-2000]
Any space in a building the structural ceiling level of which is less than four feet above average finished grade where such grade meets the exterior walls of the building. A cellar shall not be counted in determining the permissible number of stories.
CLUB, MEMBERSHIPAn organization catering exclusively to members and their guests, or premises and building for recreational or athletic purposes, which are not conducted primarily for gain, provided there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club.
COMMERCIAL VEHICLEA vehicle of more than one ton capacity used for the transportation of persons or goods primarily for gain, or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.
COMPREHENSIVE PLANThe materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Village.
[Added 9-10-2003 by L.L. No. 2-2003]
A residential development designed around land conservation where, among other attributes, half or more of the land area suitable for building is designated as permanent open space. The overall number of dwellings allowed in a conservation subdivision is the same as would be permitted in a conventional layout. Full-density development occurs simultaneously where all significant natural and cultural features are preserved.
[Added 6-29-2000 by L.L. No. 4-2000; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery or vehicles or part thereof which are in active use by a construction contractor.
CONVENIENCE STOREA freestanding retail store selling primarily prepackaged groceries and other foodstuffs, token selections of a wide variety of sundries and gasoline, usually at self-service pumps.
[Added 2-14-1996 by L.L. No. 1-1996]
That lot area or percentage of lot area covered by buildings or structures, including accessory buildings and structures.
CUSTOMARY HOME OCCUPATIONAny limited personal service, professional service or business use customarily conducted within and/or based from a dwelling or customary accessory building and carried on by the residents thereof, which use is clearly incidental and secondary to use of the premises for residential character thereof, and which use shall be fully consistent with use limitations stated in §
130-16A of this chapter. The customary home occupation may include providing the service or business off the premises.
[Amended 2-14-1996 by L.L. No. 1-1996]
Any place, however designated, operated for the purpose of providing daytime care or instruction for two or more children or adults and operated on a regular basis, including kindergarten and nursery school and family day-care centers.
[Added 2-14-1996 by L.L. No. 1-1996]
Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, within the area of special flood hazard.
[Amended 2-14-1983 by L.L. No. 1-1983]
In the following list, each district shall be deemed to be more restricted than the districts which follow it: F-1, A, AR, R-1, R, B-1, B-2. Each use listed under each such district shall be deemed to be more restricted than the use which follows it.
[Amended 6-8-1981 by L.L. No. 4-1981; 2-14-1996 by L.L. No. 1-1996; 6-29-2000 by L.L. No. 4-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A building designed or used principally as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling," "multiple dwelling" or "dwelling group" shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy. (See "residences, residential.")
DWELLING GROUPA group of two or more dwellings occupying a lot in one ownership.
DWELLING, MULTIFAMILYA dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family.
FAMILYOne or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage, shall be deemed to constitute a family unit.
[Amended 9-10-2003 by L.L. No. 2-2003]
The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the "finished grade," in computing height of the building and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.
FLOOR AREAThe aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center line of walls separating two buildings.
(1) In particular, the floor area of a building or buildings shall include:
(b) Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.
Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet six inches or more.
Interior balconies and mezzanines.
Accessory uses, not including space for accessory off-street parking.
However, the floor area of a building shall not include:
(a) Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
Elevator and stair bulkheads, accessory water tanks and cooling towers.
Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.
Uncovered steps, exterior fire escapes.
Terraces, breezeways, open porches, outside balconies and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
GARAGE SALEThe sale or offering for sale of 10 or more new, used or secondhand items of personal property at any one residential premises at any one time. Includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "attic sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
[Added 6-8-1981 by L.L. No. 3-1981]
An area of land, including structures thereon or any building or part thereof, that is used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating or washing, but which does not include auto bodywork, welding or painting.
HEIGHT OF BUILDINGThe vertical distance measured from the average finished grade along the wall of the building (or adjacent to the side of the structure) to the highest point of such building or structure.
HOMEOWNERS' ASSOCIATION (HOA)An incorporated organization that owns or maintains property for the common benefit of individual homeowners or lot owners where the homeowners or lot owners are required to contribute to the maintenance of the common property or where the homeowners or lot owners are required to join the HOA as a condition of their ownership of the home or lot. As much as this definition conflicts with any definition of "homeowners' association" in state law, the Village intends to supersede state law on the definition of homeowners' association.
[Added 6-29-2000 by L.L. No. 4-2000]
A building containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTELA facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreation areas.
[Amended 2-14-1996 by L.L. No. 1-1996]
An area of land, with or without buildings, used for or occupied by the storage, keeping or abandonment of junk, including scrap metals or other scrap, used or salvaged building materials, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The exterior storage or collection of two or more unregistered and/or inoperable motor vehicles on a lot shall be deemed to make the lot a junkyard.
[Amended 2-14-1996 by L.L. No. 1-1996]
Any place at which there are kept any number of dogs for the primary purpose of sale or for the boarding, care or breeding thereof, for which a fee is charged or paid.
LOTA defined portion or parcel of land considered as a unit, developed to a specific use or occupied by a building or group of buildings that are united by a common interest, use or ownership, and the customary accessories and open spaces belonging to the same.
LOT, CORNERA lot situated at the junction of and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135º.
LOT, DEPTH OFThe mean distance from the front street line of a lot to its rear line.
LOT FRONTAGEA lot line which is coincident with a street line.
LOT LINESThe lines bounding a lot as defined herein.
LOT, THROUGHA lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
LOT WIDTHThe horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines, or the width of a lot measured along the rear line of the required front yard.
MININGThe extraction or removal of natural products such as ores, earth, topsoil, minerals or stone from the ground or surface for use or sale.
[Added 7-8-1998 by L.L. No. 4-1998]
A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities and designed and constructed 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 being again separated into the components for repeated towing. "Mobile home" shall include units designed to be used for residential, commercial, educational or industrial purposes, excluding travel trailers.
[Amended 5-26-1977 by L.L. No. 3-1977]
A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and which is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge," "tourist court," "tourist cabins," or "roadside hotel."
NONCONFORMING BULKThat part of a building, other structure or tract of land which does not conform to one or more of the applicable bulk regulations of this chapter, either following its effective date or as a result of subsequent amendments thereto.
NONCONFORMING USEAny use of a building, other structure or tract of land which does not conform to the use regulations for the district in which such use is located, either at the effective date of this chapter or as a result of subsequent amendment thereto.
NURSERY SCHOOLAny place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to five years of age inclusive and operated on a regular basis, including kindergartens, day nurseries and day-care centers.
NURSING OR CONVALESCENT HOMEA building where persons are housed or lodged and furnished with meals and nursing care for hire.
[Amended 2-14-1996 by L.L. No. 1-1996]
One or more parcels of land normally not developed with structures or buildings and that are the preserved portion of lands in a conservation subdivision.
[Added 6-29-2000 by L.L. No. 4-2000]
A zone or district created for the purpose of conserving natural or cultural resources or promoting certain types of development. Overlay zones are imposed over base zoning districts and contain provisions that are applicable in addition to those contained for these base zones.
[Added 6-29-2000 by L.L. No. 4-2000]
Includes individuals, partnerships, family groups, voluntary associations and corporations.
[Added 6-8-1981 by L.L. No. 3-1981]
A temporary, nonpermanent device which announces, directs attention to or advertises any political, educational, charitable, philanthropic, civic, professional, religious or similar organization, campaign, show, drive, movement or event.
PREMISESA lot, together with all the buildings and uses thereon.
PRIME SOILSSoils defined by the United States Natural Resources Conservation Service and New York State as being particularly suited and best used for agricultural purposes.
[Added 6-29-2000 by L.L. No. 4-2000]
For purposes of determining allowable density, the terms "freshwater wetlands" or "wetlands" shall mean lands or waters of the state meeting the definition set forth in § 664.2(f) of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York [6 NYCRR 664.2(f)] or any wetlands meeting the United States Environmental Protection Agency and United States Army Corps of Engineers' definition of "wetlands," as follows: "'Wetlands' are areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." In the Village of Kinderhook, wetlands mapped by the New York State Department of Environmental Conservation are set forth on official maps available at the Village Clerk's office and from the regional office of the New York State Department of Environmental Conservation.
[Added 6-29-2000 by L.L. No. 4-2000]
A building or any part of a building which contains living and sleeping accommodations for permanent occupancy. "Residences" therefore includes all boardinghouses, one-family, multifamily, fraternity and sorority houses. However, "residences" shall not include the following:
(1) Transient accommodations, such as hotels, motels and hospitals.
That part of a building containing both residences and other uses which is used for any nonresidential uses, except accessory uses for residences.
RESTAURANTAn establishment where food and drink are prepared, served and consumed primarily within the building. This does not include fast-food restaurants.
[Added 2-14-1996 by L.L. No. 1-1996]
Establishments engaged in selling goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of goods.
[Added 2-14-1996 by L.L. No. 1-1996]
The property of a circulatory facility. (See "street width.")
SERVICE ESTABLISHMENTAny business furnishing or supplying a person with something needed or desired which does not produce a tangible commodity, including personal services such as barbershops, beauty shops, shoe repair shops, cleaners and similar services commonly found in retail districts.
[Added 6-8-1981 by L.L. No. 4-1981]
The distance in feet from the street right-of-way line to the principal building on a lot.
[Amended 6-29-2000 by L.L. No. 4-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any structure or part thereof or any device attached to a structure or painted or represented on a structure which shall display or include any lettering, wording, model, drawing, picture, banner, flag, insignia, device, marking or representation used as or which is in the nature of an announcement, direction or advertisement. A "sign" includes a billboard, neon tube, fluorescent tube or other artificial light or string of lights outlining or hung upon any part of a building or lot for the purposes mentioned above, but does not include the flag or insignia of any nation or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or similar organization, campaign, drive, movement or event which is temporary in nature.
SIGN, ADVERTISINGA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.
SIGN, AREAThe area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations and lights, but excluding the supports if they are not used for advertising purposes. All faces of the sign shall be counted in computing the area. Any neon tube, string of lights or similar device shall be deemed to have a minimum dimension of one foot.
SIGN, BUSINESSA sign which directs attention to a business or profession conducted on the premises. A "for sale" sign or a "to let" sign relating to the property on which it is displayed shall be deemed a business sign.
SIGN, DIRECTLY ILLUMINATEDA sign which incorporates any artificial lighting as an inherent part or feature or which depends for its illumination on transparent or translucent material or electricity or radioactivated or gaseous material or substance.
SIGN, FLASHINGAn illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, ILLUMINATEDA sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
SIGN, INDIRECTLY ILLUMINATEDA sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
SIGN, REPRESENTATIONALAny two- or three-dimensional sign which is built so as to physically represent the object advertised.
[Amended 2-14-1996 by L.L. No. 1-1996]
A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material designed or intended to be displayed for a short period of time as in §
130-19D(17).
[Added 2-14-1996 by L.L. No. 1-1996]
A rendering, drawing or sketch prepared to specifications and containing necessary elements as set forth in §
130-36 which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under Chapter
110, Subdivision of Land, of the Code of the Village of Kinderhook, shall continue to be subject to such review and shall not be subject to review under this section.
[Added 2-14-1996 by L.L. No. 1-1996]
An authorization of a particular land use which is permitted in §
130-7 of this chapter, subject to conditions imposed by §
130-24 of this chapter to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met.
[Added 2-14-1996 by L.L. No. 1-1996]
The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, start of construction means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
[Added 2-14-1983 by L.L. No. 1-1983]
That part of a building comprised between a floor and the floor or roof next above it. (See "attic," "basement" and "cellar.")
STORY, HALFThat portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
STREETAn existing public way or private way which affords principal means of access to abutting properties and is suitably improved, or a proposed way shown on a plat approved by the Village Planning Board and/or recorded in the office of the County Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The width of the right-of-way or the distance between property lines on opposite sides of a street.
STRUCTUREWhen the word "structure" is used in Chapter
130 hereof, except for §
130-23, it shall be defined as follows: a static construction of building materials, including buildings, stadiums, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings (whether mobile or stationary at the time), fences and the like.
[Amended 2-15-1979 by L.L. No. 1-1979; 6-8-1981 by L.L. No. 2-1981; 6-29-1987 by L.L. No. 2-1987]
One-family attached dwellings in a row of at least three but not more than four such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common, fire-resistant wall(s).
[Amended 6-29-2000 by L.L. No. 4-2000]
A subdivision which includes townhouses where each single unit in the townhouse is on a separate parcel. A townhouse subdivision may be included in a conservation subdivision.
[Added 6-29-2000 by L.L. No. 4-2000]
A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation use.
USE(1) The purpose for which any buildings, other structures or land may be arranged, designed, intended, maintained or occupied.
Any occupation, business activity or operation conducted (or intended to be conducted) in a building or other structure or on land.
USE VARIANCEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
[Added 8-11-1993 by L.L. No. 1-1993]
A thoroughfare, however designated, permanently established for passage of persons or vehicles.
YARD, FRONTA yard extending across the full width of the lot and lying between the front lot line of the lot and the nearest point of the building.
YARD, REARA yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest point of the building.
YARD, REQUIREDThat portion of the open area of a lot extending open and unobstructed from the ground upward along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
YARD, SIDEA yard situated between the building and the side line of a lot and extending from the front yard rear line (or from the front lot line, if there is no required front yard) to the rear yard front line (or rear lot line).