As used in this chapter, the following terms shall have the meanings indicated:
ABANDON or ABANDONEDTo withdraw or give up by leaving the premises or ceasing to operate or inhabit the premises; to relinquish or renunciate an interest, claim, privilege, possession or right in a real property or an improvement on real property especially with the intent of never again resuming or reasserting it; more than a seasonal absence from the premises.
BLIGHTPremises which are not properly maintained so as to diminish or lessen the appearance thereof, or so as to detract from the appearance of adjoining properties, which leads, or may lead, to the progressive deterioration of a neighborhood.
BUILDINGAny structure which is built upon the land and has one or more floors and a roof supported by walls or columns and is intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING INSPECTORThe Building Inspector of the Town of Poughkeepsie or such other person appointed by the Town Board to enforce the provisions of this chapter.
DETERIORATE or DETERIORATIONThe condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.
DWELLING, DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family, including independent kitchen, sanitary and sleeping facilities, and physically separate from any other dwelling unit, whether or not in the same building. (Note: The term "dwelling," "single-family dwelling," "multifamily dwelling" or "dwelling unit" shall not be deemed to include a hotel, motel, rooming house, dormitory, nursing home or any other accommodation used for transient occupancy.)
DWELLING, MULTIFAMILYAs used herein shall mean:
A. A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.
A building containing three or more dwelling units.
A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
DWELLING, SINGLE-FAMILYA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common hallway or cellar. A two-family dwelling includes a flat. A single structure containing two semidetached units, side-by-side, is considered a two-family dwelling, regardless of individual ownership of either half of its structure, provided that they are on the same zoned lot of record.
EXPOSED TO PUBLIC VIEWAny premises, or any part thereof, or any building, or any part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, licensed open-air parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISESThose portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
FACADEThe exterior wall or walls of a building which identify the front of a building, and which face a street or public way.
FIRE HAZARD (also see "NUISANCE")Any thing or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service with the duty and responsibility of preventing, suppressing, or extinguishing fire; or which may obstruct, delay or hinder, or may become the cause of an obstruction, a delay, a hazard or a hindrance to, the prevention, suppression or extinguishment of fire.
GARBAGEPutrescible animal and vegetable waste, liquid or solid, resulting from the handling, preservation, preparation, cooking or consumption of food; any readily combustible material such as paper, cardboard, wood, excelsior, cloth, food and drink cans, glass food and drink containers or any like material or object which may be discarded by a person; any dead birds, cats, dogs and other small animals or fish; any organic waste substance of any kind which may emit offensive odors.
HAZARDTo expose to danger or harm.
HAZARDOUS MATERIALAny item or agent (biological, chemical, physical) which has the potential to cause harm to humans, animals; or the environment, either by itself or through interaction with other factors.
LOT; PARCELLand that is occupied, or to be occupied, or capable of being occupied, by principal and accessory buildings, and principal and accessory uses, and that may include open space or open spaces.
MIXED-USE BUILDING OR LOTA lot(s), parcel(s), building(s), or structure(s) in which a variety of residential and/or nonresidential uses are located within a complementary and integrated design.
MIXED-USE DEVELOPMENTUse of a lot(s), land(s), building(s), or structure(s) for a variety of residential and/or nonresidential purposes in a complementary and integrated design.
NUISANCEA. Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the State of New York, or the laws, codes or regulations of the Town of Poughkeepsie;
Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot, including, but not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation, such as poison ivy, oak or sumac, which may prove a hazard for inquisitive minors;
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists;
Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this code;
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings;
OWNERThe owner of record of a tract, lot, or parcel.
PERSON IN CONTROLThe owner, the attorney for the owner, the trustee in bankruptcy, a referee of foreclosure or a real estate broker or any other person exercising implied or express control of the premises, to be determined on a case-by-case basis.
RUBBISHAll combustible and noncombustible waste, except garbage.
SEWAGELiquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals.
SOLID WASTE, DEBRIS and LITTERAny unwanted or undesired material, substance, waste material, including but not limited to garbage or other putrescible substance, refuse, tobacco products and packaging, rubbish, tires, inoperable vehicles and parts, discarded furniture, appliances, water heaters, bottles, cans, plastic containers, pipes, bags of fertilizer, pet excrement, building or construction materials or supplies when stored outside on a site where no active construction or use of land is taking place, discarded or strewn papers or material or other junk substances, tree stumps, logs, wood, brush or any other matter attractive to vermin, likely to breed disease, present a fire hazard, create offensive odors or otherwise be prejudicial to good health; or being so unsightly of appearance as to be offensive to surrounding properties.
STORAGE CONTAINERA container designed so as to prevent the contents from leaking, dripping, flowing, blowing upon, on, over, or about the property on which it is placed or onto any neighboring property.
STRUCTUREAnything constructed or erected, the use of which requires location on, in or under the ground or attached to something having location on the ground.
STRUCTURE, ACCESSORYA subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
STRUCTURE, PRINCIPALThe structure which houses the use permitted under the zoning classification in accordance with the zoning district regulations as set forth in Chapter
210.
Lack of habitual presence of human beings.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
USE, PRINCIPALThe main use permitted under the zoning classification in accordance with the zoning district regulations as set forth in Chapter
210.
Any unoccupied land, structure, building, or part thereof, that is available and suitable for occupancy.
VACANT STRUCTUREAny building, structure or portion thereof designed or used for residential or commercial purposes which, except for seasonal absence, is unoccupied or unused for a period of two consecutive months or longer. Specifically excluded are all agricultural structures such as barns and field houses.
YARDThat 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, FRONTA space on the same lot with a main building, extending the full width of the lot and situated between the street line and the closest point on the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the closet point on the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, REARA space on the same lot with a main building, extending the full width of the lot and situated between the rear lot line and the closest point on the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear lot line or the center line of the alley, if there be an alley, and the closest point on the rear line of the building.
YARD, SIDEA space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot, and if no rear is required, the rear boundary of the side yard shall be the rear line of the lot.