The present tense shall include the future,
the singular number shall include the plural and the plural the singular.
The word "shall" is always mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
A separate dwelling unit, with its own cooking, sanitary
and sleeping facilities, within a one-family dwelling, but subordinate
to it in size and appearance. An accessory apartment may also be a
unit, as detailed above, and subordinate to the principal dwelling
in size and appearance, created in an existing barn, garage or other
accessory building on a one-family dwelling lot.
[Added 9-13-1989 by L.L. No. 4-1989]
The production of crops or plants or vines and trees.
A public way having a right-of-way width of 20 feet or less.
The keeping, grazing, feeding and care of animals other than
household pets or more than two saddle horses or ponies.
The total square foot area of each level used, if more than
one floor, of the principal building and all accessory buildings exclusive
of uncovered porches, terraces and exterior steps. All dimensions
shall be measured between the exterior face walls.
[Amended 9-11-1985 by L.L. No. 3-1985]
When referring to the required area per dwelling unit, means
net land area, the area exclusive of streets and other public open
space.
A premises, including open areas other than a street or way
and showrooms enclosed within a building, used for the display or
sale of new or used automobiles, trucks, cargo trailers and boats.
The dismantling, wrecking or burning of used automobiles
or the storage, sale or dumping of dismantled, partially dismantled
or wrecked vehicles or their parts.
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises.
A story partly underground but having at least 1/2 of its
height above the average outside ground level.
The length of a street between two street intersections.
Where street intersections are at intervals greater than 1,200 feet,
1,200 feet shall be considered the length of block for purposes of
this chapter.
A dwelling, other than a hotel or motel, wherein more than
three people are sheltered and/or fed for compensation.
Any structure constructed or used for residence, business,
industry or other public or private purposes, or accessory thereto,
including tents, lunch wagons, dining cars, mobile homes, billboards,
signs and similar structures whether stationary or movable.
A building, the use of which is customarily incidental to
that of a principal building and which is located on the same lot
as that occupied by the principal building.
A use customarily incidental to the use of a principal building,
not occupying more than 25% of the total aboveground floor area of
the principal building thereof and including:
The office or studio of a physician or surgeon,
dentist, accountant, artist, musician, lawyer, architect, engineer,
teacher, insurance agent, real estate broker or other such professional
person residing on the premises, provided that there is no advertising
display visible from the street, other than a small professional nameplate.
The above shall not be interpreted to include the office or place
of business of a mortician.
Customary home occupations as defined herein,
provided that there is no display of goods visible from the street,
no exterior advertising, other than an unlighted sign not over two
square feet in area, and such occupation is conducted in the main
building by a person or persons residing therein.
Any addition to a building, a change or rearrangement in
the structural parts or exit facilities, or any change in the use
from one district classification to another, or removal of a building
from one location to another.
The vertical distance measured from average elevation of
the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
to the deck line of a mansard roof; and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
The line of that face of a principal building nearest the
street line. In the case of a corner lot any building line nearest
to a street line shall be considered a front building line.
An established building or structure lawfully existing prior
to and at the time of the adoption of this chapter, which because
of its inherent nature of construction, does not conform to and with
the provisions of this chapter for the district in which it is located.
A building, including covered porches, in which is conducted
the principal use of the lot on which it is situated. In any residence
district any dwelling shall be deemed the principal building on the
lot on which it is situated.
A one-story structure not more than 50 square feet in area
to provide shelter at school bus and other bus stops.
Any area on which are located two or more cabins, tents or
tent floors, camp or travel trailers, shelters, houseboats or other
accommodations of a design or character for seasonal or other more
or less temporary living purposes, whether or not such structures
are actually occupied seasonally or otherwise.
A portion of a building having more than 1/2 of its height
below the average outside ground level.
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries when operated with and within
the boundary of such cemetery.
A line midway between and parallel to two street or road
property lines or as otherwise defined by the Planning Board.
A building for public worship.
A structure designed for the practice of dentistry in which
nonresident patients are treated.
A structure designed for the practice of medicine in which
nonresident patients are treated.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
That type of construction in which the walls, partitions,
columns, floors and roof are noncombustible with sufficient fire resistance
to withstand the effects of a fire and prevent its spread from story
to story.
An unoccupied open space, other than a yard. An "outer court"
is one that extends to the street or to the front or rear yard. An
"inner court" is any other court.
That percentage of the lot covered by the building area.
The officially established grade of the curb in front of
the midpoint of the lot.
See "fraternity."
Includes drive-in outdoor theaters, refreshment stands, banks
and the like where patrons enter the premises and are served or entertained
in automobiles. Deposit and pickup services 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 it by vehicular traffic.
Land used for the disposal by abandonment, dumping, 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, either liquids or solids.
A house or other building designed or used primarily for
human habitation. The word "dwelling" shall not include tourist homes,
mobile homes, motels, hotels or other structures designed for transient
residents. A bus is not construed to be a dwelling.
A dwelling or group of dwellings on one plot containing separate
living units for three or more families, but which may have joint
services or facilities or both.
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 three boarders are sheltered and/or fed for profit.
A dwelling accommodating or designed to accommodate but a
single family in a single dwelling unit, the walls on two sides of
which may be in common with the walls of adjoining dwellings and are
party or lot line walls.
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
A building having two side yards and accommodating but two
families, with one family living over the other.
Any dwelling or portion thereof used or intended to be used
by one family and providing complete housekeeping facilities thereof.
A separate, detached, temporary dwelling unit, with its own
cooking, sanitary and sleeping facilities, accessory to a one-family
dwelling, for the use of and occupied by the elderly relatives of
the occupants of the one-family dwelling.
[Added 9-13-1989 by L.L. No. 4-1989]
A college or university giving general academic instruction.
Included within this term are areas or structures used for administration,
housing of students and faculty, dining halls, social or athletic
activities, when located on the institution's land that is not detached
from land where classroom facilities are maintained.
A building or group of buildings, usually with equipment,
where goods are manufactured.
Any structure or component thereof (excluding mobile homes
- see definition) designed primarily for residential occupancy which
is wholly or in substantial part manufactured in manufacturing facilities
located away from the building site for installation or assembly and
installation on the building site.
One or more persons occupying a premises and living as a
single nonprofit housekeeping unit, provided that, unless all members
are related by blood, marriage or adoption, no single housekeeping
unit shall contain more than five members.
A family home or family care home as a facility for mentally
ill or mentally retarded adults and children. The home is intended
for the admission of such individuals who are provided with a program
of services and protective supervision in a home setting.
Any tract of land comprising three or more acres on which
agricultural products, animal products or animal increase with a value
of $150 or more are produced annually. It excludes fur farms, pig
farms, cage-type poultry houses, public stables and dog kennels.
The principal building used as a dwelling on any tract of
land classified as a farm.
An establishment on which one or more structures are located
devoted to the production and presentation of plays, concerts, recitals,
lectures, screenings and similar cultural and educational events and
to the offering of instruction in theater, dance, art and music.
[Added 11-21-1994 by L.L. No. 1-1994]
Those lands identified on the Federal Emergency Management
Agency Flood Insurance Rate Map as being in a special flood hazard
area.
[Amended 2-23-1998 by L.L. No. 1-1998]
The sum of the gross horizontal area of the several floors,
including the basement of a building and its accessory buildings on
the same lot, and including the area of roofed porches and roofed
terraces. All dimensions shall be measured between exterior faces
of walls.
The floor area of a building divided by the area of the lot
which it occupies.
A facility used for housing, with or without dining facilities,
of students attending an educational institution as defined herein
and which is approved as a residence for its students by the aforementioned
educational institution.
See "outdoor furnace."
[Added 2-17-2009 by L.L. No. 1-2009]
A garage not conducted as a business or used for the storage
space for more than one commercial vehicle which shall be owned by
a person residing on the premises.
A garage conducted as a business. The rental of storage space
for more than two passenger cars or for one commercial vehicle not
owned by a person residing on the premises shall be deemed a business
use.
The elevation of the center line of the streets as officially
established by the municipal, county or state highway authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
Any use conducted entirely within the primary building or
an ordinary accessory building which is incidental and secondary to
the use of the building lot for residential use and does not change
the residential character of the dwelling and in which there is no
external display of the goods used or produced in such home occupation.
There shall be no more than one nonresident employee involved in the
home occupation and signs shall be limited to a size appropriate to
the residential district. Nor shall any customary home occupation
be construed to include that which requires the presence in the home
of machinery or equipment normally associated with commercial or industrial
activities or that which produces offensive noise, vibration, smoke,
dust, odors, heat, glare or other nuisances.
A dwelling in which overnight accommodations are provided
for not more than 10 transient paying guests.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanitaria, and shall be limited to the treatment or other care of
humans.
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment and shall
exclude the treatment or other care of humans.
A building or group of buildings in which there are 12 or
more rental sleeping rooms and which may also include dining rooms,
kitchens, serving rooms, ballrooms and other facilities and services
intended primarily for the accommodation of its patrons.
A dwelling occupied by permanent guests only and not by transients.
It may include restaurants, newsstands and other accessory services
primarily for serving its occupants and only incidentally the public.
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, Bureau
of the Budget – 1957.
Those activities described under Code 6 in the Dutchess County
Planning Department Land Use Classification and Code except junkyard
– scrap and waste wholesaling.
A lot, land or structure or part thereof over 200 square
feet in area, used primarily for the collecting, storage and/or sale
of waste paper, rags, scrap metal or discarded material; or for the
collecting, dismantling, storage and salvaging of machinery or vehicles
not in running condition and for the sale of parts thereof, except
as accessory to a principal industrial use of the lot. Two or more
motor vehicles not in operating condition shall be deemed to constitute
a junkyard.
Any establishment, including cages, dog runs and structures,
wherein more than four dogs which are over six months old are harbored.
A business premises equipped with individual clothes-washing
and clothes-drying and/or cleaning machines for the principal use
of retail customers.
A piece, parcel or plot land occupied or designed to be occupied
by a principal building and its accessory building or buildings and
including the yards and other open spaces required by this chapter.
A lot which has an interior angle of less than 135° at
the intersection of two street lot lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at points beginning within the lot or at points of intersection
of the side lot lines with the street line intersect at an interior
angle of less than 135°.
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.
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 date of this enactment as shown on the
records of the Dutchess County Clerk's Office.
An interior lot having frontage on two parallel or approximately
parallel streets.
The distance between the side lot lines measured along the
front building line as determined by the front yard requirement prescribed
by this chapter.
Any operation (other than in connection with foundations
for a structure or highway construction) involving:
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.
Any lot on which two or more mobile homes are located regardless
of whether or not a charge is made for such accommodations.
A public inn containing not less than eight rental units
with provisions for, but not limited to, automobile parking space
to accommodate not less than one car per unit and separate toilet
facilities and hot and cold running water for each rental unit.
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 for the purpose of storing, transferring,
loading and unloading such goods.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means, body and fender work or the dismantling
or replacing of engines.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age inclusive and
operated on a regular basis.
Any establishment where persons are housed or lodged and
furnished with meals and nursing care for hire.
The utilization of a building, structure or land.
Occupancy for a period not exceeding four months during any
one calendar year.
A map adopted by the Village Board pursuant to the provisions
of § 7-724 of the Village Law and which may be or may have
been revised according to the provisions of § 7-724 of the
Village Law, which shows streets, highways and parks theretofore laid
out, adopted and established by law and which may show drainage systems.
[Amended 2-23-1998 by L.L. No. 1-1998]
An unoccupied space open to the sky required by the terms
of this chapter.
An accessory structure designed and intended, through the
burning of wood or any other material, for the purpose of heating
the principal structure or any other site, building or structure on
the premises.
[Added 2-17-2009 by L.L. No. 1-2009]
For the purpose of computing the number of parking spaces
available in a given area, the ratio of 300 square feet per parking
space shall be used.
A porch open on three sides except for wire screening. A
porch shall not be considered open if enclosed by either permanent
or detachable glass sash. A structure having a driveway running to
it, under it or through it shall not be considered to be an open porch.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale, as an industrial operation,
and exclusive of the process of grading preparatory to the construction
of a building for which a zoning permit has been issued or highway
construction.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
A stall or booth for business which shall be limited to the
sale of farm products.
A private hospital, whether or not such a facility is operated
for profit.
Any school having regular sessions with regularly employed
instructors who teach those subjects that are fundamental and essential
in general education under the supervision of the State of New York
or a lawfully constituted ecclesiastical governing body or a private
corporation meeting the requirements of the state.
An educational institution, other than a university or college,
giving general academic instruction which may include structures used
for administration, student housing, faculty housing, dining, social
and athletic activities, as well as accessory needs.
The same as elementary school, except secondary education
is provided.
Any school having regular sessions with regularly employed
instructors who, as a principal activity, provide training in a trade
or vocation and teach those subjects that are fundamental and essential
in elementary or secondary education, 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.
A sanitary disposal system serving three or more dwelling
units in a single development, the construction plans and the plans
for the operation of shich shall be approved by the Dutchess County
Department of Helath.
[Added 4-19-2004 by L.L. No. 2-2004]
A public sewer is a sewer connected to a municipal sanitary
sewer system or a sanitary sewer connected to a nonmunicipal sanitary
sewer system, the construction plans and the plans for the operation
of which shall be approved by the Dutchess County Department of Health.
Any facility which provides for the disposal of sanitary sewage on
a lot occupied by a principal building other than a sewage disposal
plant shall not be deemed a public sanitary sewer system.
A group of stores, shops and similar establishments occupying
adjoining structures all of which may be deemed one building if designed
as an architectural unit and if it has adequate space in the rear
for loading and unloading commodities.[1]
See "fraternity."
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which horses are kept for remuneration, hire
or sale.
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure. This, however, shall not
be construed as including the activities of junkyards as defined here.
That part of a building, included between any floor, other
than a cellar floor, and the floor or roof next above.
Any public way dedicated to public travel greater than 20
feet in width.
A street line is the right-of-way line of a street as indicated
by dedication or by deed or record.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any addition to a structure, a change or rearrangement in
the structural parts or any change in use from one district classification
to another or removal of a structure from one location to another.
Any body of water (excluding natural bodies of water fed
by rivers, streams, brooks or springs) or receptacle for water having
a depth at any point greater than two feet and used or intended to
be used for swimming or bathing, and constructed, installed or maintained
in or on the ground outside any building.
See "bar or tavern."
A building or part of a building devoted to presenting entertainment
on a paid admission basis.
Open land with its appurtenant facilities devoted to the
showing of motion pictures to patrons seated in automobiles.
See "home, tourist."
A vehicle designed exclusively for the transportation of
one boat of less than ten-foot beam and twenty-four-foot length.
A vehicle or portable structure not over 400 square feet
in floor area, equipped but not regularly used for sleeping, but which
may not have sanitary facilities.
A vehicle, not over 70 square feet in floor area, used for
the hauling of cargo.
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.
A use which is customarily incidental to and subordinate
to the principal use of a premises, building or structure and located
on the same premises as the principal use, building or structure.
An established use of a building or structure or use of land
lawfully existing prior to and at the time of the adoption or amendment
of this chapter that does not conform with the permitted use provisions
of this chapter as they apply to the district in which the building,
structure or land is located.
An unoccupied space open to the sky on the same lot with
a building or structure.
An open space extending across the entire width of the lot
between the front building line or front main wall of a building and
the front property line (street or road right-of-way line).
An open space extending across the entire width of the lot
between the rear line of the lot and a line parallel to the rear line
of the lot at a distance from the rear line of the lot specified for
the zoning district in which the lot is situated.
An open unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard.
[1]
Editor's Note: The former definitions of "sign,"
"sign, business," "sign, farm products," "sign, identification" and
"sign, real estate," which immediately followed this definition, were
deleted 2-23-1998 by L.L. No. 1-1998.
