Town of Olive, NY Definitions

For the purposes of this chapter only, certain words and terms used herein are defined as follows:

General construction of language. All words used in the present tense include the future tense, all words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "town" means the Town of Olive; the term "Town Board" means the Board of Councilmen, and the Supervisor of said town; the term "Board of Appeals" means the Zoning Board of Appeals of said town; the term "Planning Board" means the Town Planning Board of said town; the term "Town Plan" means the Comprehensive Master Plan as it may be adopted by the Town Planning Board pursuant to § 272-a of the Town Law. The word "shall" is mandatory and not directory.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

AFFORDABLE HOUSING

Residential units available for a sales price or rental fee within the means of a low- or moderate-income household as defined by state or federal legislation.

[Added 5-6-1997 by L.L. No. 1-1997]

AFFORDABLE SENIOR CITIZEN HOUSING

A residential cluster development of 10 or more residential units which meets specific conditions and the definitions of "affordable housing" and "senior citizen housing" as set forth in this section.

[Added 5-6-1997 by L.L. No. 1-1997]

ALTER

To change or rearrange the structural parts of the existing facilities of a structure, or to move a building from one location or position to another.

[2]

AREA, BUILDING

Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps, and terraces.

BASEMENT

That portion of a building wholly or partly underground, which extends no more than five feet above the adjoining finished grade.

BOARDINGHOUSE

A dwelling occupied by one family with three or more boarders, roomers or lodgers in the same household, who are lodged with or without meals, in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants and for which compensation is paid, either directly or indirectly. The term "boardinghouse" shall include "rooming house" and "lodging house," but not "foster home," for the purposes of this chapter.

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.

BUILDING, ACCESSORY

A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.

BUILDING LENGTH

The least horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of its greatest dimension.

BUILDING, MAIN

A building in which is conducted the main or principal use of the lot on which said building is situated.

CAMP

Any area of land, or land and water, including any buildings, tents, shelters, or other accommodations suitable for temporary or seasonal living purposes, and any dwelling units occupied by the owner, caretaker, or superintendent.

CAMP, DAY

Any camp, as defined in this chapter, offering day care or instruction for adults or children.

CLUB, MEMBERSHIP

An organization catering exclusively to members and their guests for recreational, athletic, or social purposes, which are not conducted primarily for gain, providing that there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club.

CONVALESCENT HOME or NURSING HOME

Any establishment where three or more persons suffering from or afflicted with, or convalescing from, any infirmity, disease or ailment, are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals and establishments, licensed by the State Commissioner of Mental Hygiene, and maternity homes licensed by the State Commissioner of Health.

COVERAGE

That percentage of the lot area covered by the combined area of all buildings or structures on the lot.

DUMP

A lot or land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DWELLING

A detached building, designed or used exclusively as living quarters for one or more families; the term shall include "mobile home" but shall not be deemed to include automobile court, motel, boarding or rooming house, camp trailer, tourist home, cellar, or tent.

DWELLING, MULTIFAMILY

A dwelling containing three or more dwelling units.

DWELLING, ONE-FAMILY

A dwelling containing one dwelling unit only.

DWELLING, TWO-FAMILY

A dwelling containing two dwelling units only.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

EDUCATIONAL INSTITUTION, PRIVATE

Any nonpublic school or other organization or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated by nonstock corporations under the Education Law of New York State.

FAMILY

One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic or legal bonds.

FARM USE

The use of a parcel of land either as a principal or accessory use for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides. A customary farm occupation shall be the conducting of usual farm activities, and shall include the processing and retail sale, in a farm produce stand, or otherwise on the premises, of the products of only the farm on which such activities and processing are conducted.

FILED MAP

Any map or plat filed in the County Clerk's office of Ulster County.

FLOOR AREA, USABLE

When applied to dwellings, shall include all floor area used for human occupancy within the exterior walls of the building, but shall not include open porches or breezeways, basements, garages, or uninhabitable or unfinished attic space.

FRONTAGE

The extent of a building or of land along a street.

GARAGE, PRIVATE

An accessory building, or part of a main building, used only for the permitted storage of motor vehicles as permitted in this chapter.

GARAGE, PUBLIC

A building, or part thereof, used for the storage, care and repair of motor vehicles for remuneration, and the sale of motor fuels dispensed from pumps located within the garage building, including any sale of motor vehicle accessories, or where motor vehicles are kept for hire or sale.

GASOLINE FILLING STATION

Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor vehicle accessories, and which may include facilities for lubricating, washing, or other minor servicing of motor vehicles, but not including body work, major repair or painting thereof by any means.

GRADE, FINISHED

The finished grade at any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks, and roads, adjoining the wall at that point.

HEIGHT OF BUILDING — The vertical distance to the level of the highest point of the roof, if the roof is flat, or to the mean level between the eaves and the highest point of the roof, if the roof is of any other type, measured as follows:

(1)

If the building adjoins the front property line or is not more than 10 feet distant therefrom: measured at the center of the front wall of the building from the established grade of the curb; or, if no grade has been officially established and no curb exists: measured from the average level of the finished ground surface across the front of the building.

(2)

If the building is more than 10 feet from the front property line: measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished grade surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb.

(3)

When a lot fronts on two or more streets of different levels, the lower street or the average elevation of the lot with regard to the abutting streets may be taken as the base for measuring the height of the building.

HOME OCCUPATION

An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small name plate, and in connection therewith, there is not involved the keeping of a stock in trade. The office of a physician, surgeon, dentist or other professional person, including an instructor of an individual musical instrument limited to a single pupil at a time, who offers skilled services to clients, and who is not professionally engaged in the purchase or sale of economic goods, and the occupations of dressmaker, milliner, or seamstress, dancing instruction, band instrument instruction in groups, tea rooms, beauty parlors, barbers, convalescent homes, and stores, trades or business of any kind, each with not more than one paid assistant, or exceeding more than 25% of the gross floor area of the principal residential use, shall be deemed to be home occupations.

HOSPITAL

Unless otherwise specified, shall be deemed to include sanitarium, and any other place for the diagnosis, treatment, or other case of human ailments.

HOTEL

A building containing rooms intended or designed to be used, or which are used, rented or hired out to be occupied for sleeping purposes by guests, and where only a general or community kitchen and dining room are provided within the building or in an accessory building.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used and discarded materials, including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more wrecked or broken vehicles, or the major parts of more than two such vehicles, shall be deemed to make the lot a junkyard.

LOADING SPACE

Any off-street space available for the loading or unloading of goods, not less than 15 feet wide, 40 feet long, and 14 feet high (if covered in any manner), and having direct usable access to a street, except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to, and not separated from such first loading space need not be wider than 12 feet.

LOT

A parcel of land, not divided by streets, devoted or to be devoted to a particular use, or occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street, or on such other means of access as may be deemed in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building or buildings on such land.

LOT AREA

The total horizontal area included within lot boundaries.

LOT, CORNER

A lot of which at least two adjacent sides each abut for a total distance of 50 feet or more on streets or public places. Any other lot is an interior lot.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT LINE, FRONT

In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line.

LOT LINE, REAR

The lot line which is generally opposite the front lot line; if the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.

LOT LINES

The property lines bounding a lot as defined herein.

LOT WIDTH

The mean width of a lot measured at right angles to the lot depth, measured at the main building line.

LOW-INCOME HOUSING

Housing affordable according to the Federal Department of Housing and Urban Development and/or New York State standards for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the house is located.

[Added 5-6-1997 by L.L. No. 1-1997[3]]

MOBILE HOME

Any vehicle or similar portable structure with or without a foundation or wheels, jacks, skirtings, wood or masonry block supports, designed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall also include the terms "house trailer," "modular house," and "prefabricated house," but not "camp trailer."

MOBILE HOME PARK

Any plot of ground upon which five or more mobile homes occupied for dwelling or sleeping purposes are or can be located, regardless of whether or not a charge is made for such accommodation.

MODERATE-INCOME HOUSING

Housing affordable according to the Federal Department of Housing and Urban Development and/or New York State standards for home ownership and rental costs, occupied or reserved for occupancy by households with a gross income in excess of 50% but less than 80% of the median gross income for households of the same size within the housing region in which the housing is located.

[Added 5-6-1997 by L.L. No. 1-1997[4]]

MOTEL

A series of attached, semidetached, or detached dormitory units, having a private outside entrance for each unit, provided with an automobile parking space convenient to each unit, and providing lodging with or without meals and other incidental services for a transient clientele. "Automobile court," "motor court" and "tourist court" shall be deemed to be a motel.

NATURAL GAS

Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions, and/or gaseous components or vapor occurring in or derived from petroleum or other hydrocarbons.