As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONMENT
An intent to abandon or to relinquish which may be demonstrated
by some overt act, or some failure to act which carries the implication
that the owner neither claims nor retains any interest in the subject
matter of the abandonment.
ACCESS
A way or means of approach to provide vehicular or pedestrian
physical entrance to a property.
ACCESSORY APARTMENT
A dwelling unit that has been added onto, or created within,
a single-family house, which is subordinate to the principal single-family
dwelling unit in terms of size, location and appearance and provides
complete housekeeping facilities for one family, including independent
cooking, bathroom and sleeping facilities with physically separate
access from any other dwelling unit.
ACCESSORY STRUCTURE (also ACCESSORY BUILDING)
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use. The size of the structure shall be kept within the
character of the area in which the structure is located.
ACCESSORY USE
A use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
ADULT DAY CARE
Provision of daytime care to adults whose ability to independently
perform the normal activities of daily life is limited by age, or
physical or other impairment, but who do not require the level of
care provided by nursing homes or medical facilities. Said care shall
be provided for a period of time of more than three but less than
12 hours on any given day.
AGRICULTURE
Raising of crops, animals and animal products; forestry;
other commonly accepted agricultural operations for commercial purposes,
including the sale of products grown on the premises.
ALLEY
A public way which generally affords a secondary means of
vehicular access to abutting property.
ALTERATION (also STRUCTURAL ALTERATION)
As applied to a building or structure, any change or rearrangement
in the structural parts or in the exit facilities or any enlargement,
either by extending a side or by increasing in height, or the moving
from one location or position to another.
AMENDMENT
A change to any portion of this zoning code, which includes
revisions to the zoning text and/or the Official Zoning Map; the authority
for any amendment lies solely with the Village Board.
ANIMAL SHELTER
Any structure or property which houses stray, abandoned or
owner-surrendered animals, except for fish, for impoundment purposes
for future disposition, including redemption, adoption, sale or disposal.
This use may include facilities for the destruction and disposal of
animals. Foster home sites and mobile adoption sites may be utilized
in the operation of the animal shelter.
ANTENNA (also SATELLITE DISH)
See "wireless communication facility." A structure or device
utilized for the receiving and/or transmitting of radio signals, not
enclosed within a building or structure, and any form of satellite-receiving
dishes. It shall specifically exclude customary VHF and UHF TV antennas,
and TV/radio transmission towers licensed for public broadcast by
the FCC.
AREA, BUILDING
The total area 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.
AREA, FLOOR
The sum of the gross horizontal areas of the several floors
of a building, including interior balconies, mezzanines and basements,
but excluding exterior balconies, unfinished basements and attics.
All horizontal dimensions of each floor area shall be measured by
the exterior face of walls of each such floor, including the walls
of roofed porches having more than one wall. The floor area of a building
shall include the floor area of accessory buildings on the same lot,
measured the same way.
AREA VARIANCE
Authorization for the use of land in a manner which is not
allowed by the dimensional or physical requirements of the applicable
requirements of this chapter.
ART GALLERY
A structure or building utilized for the display of art work,
including paintings, sculptures and paints for view and/or sale to
the public.
ARTIST STUDIO
A workshop or workroom for the creation of fine art and crafts
such as painting, sculpturing, photography or other handmade pieces
of art. The space may include a residential unit and it may also include
teaching area for small groups of 10 or less.
AUTOMOBILE BODY AND/OR PAINT SHOP
A building on a lot that is designed and/or used for service
or repair to motorized vehicles which affects the body or frame. This
term includes: painting, bodywork, major engine or transmission overhaul.
AUTOMOBILE REPAIR SERVICE
A building on a lot designed and/or used primarily for mechanical
repairs, storage, rental or servicing of automobiles, trucks or similar
motor vehicles. Servicing shall include lubrication, changing the
oil and replacing filters, but shall not include the dispensing of
fuel.
AUTOMOBILE SALES AGENCY (also MOTOR VEHICLE SALES)
The use of a building, land area or other premises, or portion
thereof, for the display, sale or lease of automobiles, including
any warranty repair work and other repair service conducted as an
accessory use.
BARN (also STABLE)
A structure used for the keeping of horses, goats, pigs,
cattle, sheep and other livestock, including structures customarily
associated with and incidental to the keeping of livestock, such as
hay bins, corn cribs and silos, but excluding the keeping of geese,
ducks or other birds or wild animals not customarily associated with
agriculture.
BASEMENT
A story partly below grade and having a portion of its clear
floor-to-ceiling height above the average grade of the adjoining ground.
BED-AND-BREAKFAST
An owner-occupied single-family dwelling unit in which at
least one, but not more than four, sleeping rooms are provided by
the owner-occupant as overnight/lodging facilities, providing accommodation,
prepared meals, and concierge services to transient guests.
[Amended 8-14-2023 by L.L. No. 4-2023]
BOWLING ALLEY
A building or structure, utilized primarily for the sport
of bowling, which may include the incidental sale or dispensing of
food and drink and the sale or rental of bowling equipment. It may
also include video games/pinball machines as long as such does not
comprise more than 2% of the gross floor area.
BREW PUB
An eating and drinking establishment where beer is prepared
on the premises exclusively for on-site consumption. The brewing of
such beer is accessory to the eating and drinking establishment.
BUFFER AREA (also SCREENING)
A strip of land, usually landscaped and open in area, intended
to protect one type of land use from the other that may be incompatible
or separate and partially obstruct the view of two adjacent land uses
or properties from one another.
BUILDABLE AREA
That portion of a lot remaining after required setbacks have
been provided and the Natural Resource Protection Standards have been
met.
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
BUILDING, ACCESSORY
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
BUILDING, ASSEMBLY
A building or portions of a building in which facilities
are provided for civic, educational, political, religious or social
purposes.
BUILDING COVERAGE
That portion of a lot that is covered by the maximum horizontal
cross section of all principal and accessory buildings.
BUILDING, GOVERNMENTAL
A building owned, operated or occupied by a local, state
or federal agency to provide a governmental service to the public,
such as a Village hall, fire station, or post office.
BUILDING HEIGHT
The vertical distance measured from the established grade
at the curb or, if no grade has been officially established at the
curb, measured from the average level of the finished ground surface
across the front of the building to the highest point of the roof
for flat roofs, to the deck line of mansard roofs, and to the mean
height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane shall
coincide with the most projected surface. All yard requirements are
measured to the building line, except for uncovered open steps within
the front yard area that only service the basement and/or first floor
level of the building.
BUILDING PERMIT
A certificate issued by the Building Inspector/Code Enforcement
Officer authorizing, with respect to this chapter, the erection, demolition,
relocation, enlargement or alteration of a structure, or uses thereof,
in conformity with provisions of this chapter.
BUILDING, PRINCIPAL
A building in which the main or principal use of the lot
on which said building is situated is conducted.
BULK
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same building; and all open spaces
required in connection with a building, other structure or tract of
land.
CAR WASH
Mechanical facilities for the washing, polishing or cleaning
of automobiles or trucks.
CEMETERY
Property used for the interring of the dead. This use shall
not include facilities for cremation.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector/Code Enforcement
Officer upon completion of construction, alteration or change in occupancy
or use of a building. Said certificate shall acknowledge compliance
with all the requirements of this chapter and such adjustments thereto
granted by the Board of Appeals.
CHARTER AND TOUR BOAT OPERATION
Any boating operation, under the command of a licensed captain,
which offers hourly trips, day trips and/or night trips to the public
for a fee.
CHILD DAY-CARE CENTER
A program or facility caring for children. Said care shall
be provided for a period of time of more than three hours per day
but less than 24 hours on any given day for any given child by an
individual, association, corporation, institution or agency whose
activities include providing child day care or operating a facility
where child day care is provided as defined in § 390 of
the New York State Social Services Law. Said definition does not include
"group family day care" or "family day-care home" as those terms are
defined herein.
CLUB, MEMBERSHIP (also FRATERNAL LODGES)
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, provided that there are
not conducted any vending stands, merchandising or commercial activities,
except as required for the membership and purposes of such club.
COMMON USE DRIVEWAY
A private driveway, easement or right-of-way which serves
as the access to no more than two lots or parcels of land.
COMMUNITY CENTER
A not-for-profit or publicly owned facility providing community
facilities such as recreational programs and meeting rooms that are
open to the public and designed to accommodate and serve significant
segments of the community.
COMMUNITY SEWER SYSTEM
A system utilized for the collection and disposal of sewage,
including the various devices for the treatment of such wastes, serving
more than one lot, whether owned by a municipal corporation or private
utility.
COMMUNITY WATER SYSTEM
A source of water and necessary appurtenances, together with
a distribution system serving more than one lot, whether owned by
a municipal corporation or private utility.
COMPREHENSIVE PLAN
Plans and policy statements prepared by and for the Village
of Coxsackie, in accordance with the Village Law, identifying land
use areas and objectives and public facilities and other community
features and providing for the improvement of the Village and for
its future growth, protection and development. The Comprehensive Plan
may be amended from time to time to reflect changing community conditions
and needs.
CONDOMINIUM
A building or groups of buildings in which dwelling units
are owned individually, and the owners own the structure, common areas
and facilities jointly.
CONVENIENCE STORE
Any retail establishment containing less than 10,000 square
feet offering for sale prepackaged food products, household items,
newspapers and magazines, and sandwiches and other freshly prepared
foods, such as salads, for off-site consumption.
COVERAGE, LOT
The percentage of the plot or lot area covered by the building
area.
CULTURAL FACILITIES
A building or structure utilized for the instruction and
presentation of performing and/or visual arts and the display of exhibits
of an historic, educational or cultural nature, which are not operated
commercially.
DAY-CARE CENTER
A facility that provides care for more than seven persons
for less than 24 hours a day.
DENSITY
The lot area per dwelling unit required in the zoning district
regulations.
DOCK
A structure built over or floating upon the water and used
as a landing place for boats and other marine transport, fishing,
swimming and other recreational uses.
DRIVE-THROUGH FACILITY
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions. A drive-through
facility is considered an accessory use. An automobile service station
is not considered a drive-through facility for purposes of this chapter.
DWELLING
A building designed or used for residential occupancy as
the living quarters for one or more households. The term "residence,"
"single-family dwelling," "two-family dwelling" or "multifamily dwelling"
shall not be deemed to include "boardinghouse," "bed-and-breakfast
inns," "motels" or "hotels."
DWELLING, ATTACHED SINGLE-FAMILY (also ROWHOUSE and TOWNHOUSE)
A residential dwelling designed for and occupied by one household
only that is located on its own lot and shares one or more common
or abutting walls with one or more dwelling units. An attached single-family
dwelling does not share common floor/ceilings with other dwelling
units.
DWELLING, MULTI-FAMILY
A building arranged, intended or designed to be occupied
by three or more households, with separate housekeeping, cooking and
sanitary facilities for each.
DWELLING, TWO-FAMILY
A residential dwelling designed for and occupied by only
two households, with separate housekeeping, cooking and sanitary facilities
for each.
DWELLING UNIT
A building, or portion thereof, providing complete housekeeping
facilities for one family.
ENTERTAINMENT FACILITY
Any establishment that is operated, maintained or devoted
to amusement of the general public, whether privately or publicly
owned, where entertainment is offered by the facility. Entertainment
facilities shall include, but not be limited to, theaters, bowling
alleys, movie theaters, dance halls or clubs, video arcades, skating
rinks, batting cages and miniature golf courses. Entertainment facilities
shall not include adult entertainment businesses, taverns, pubs, golf
courses or parks.
EQUIPMENT REPAIR SHOP
Any building or structure utilized for the repair of items,
including but not limited to small mechanical equipment, watches,
clocks, lawn mowers, small engines, etc., excluding automobiles, trucks,
construction equipment, etc. All repair activity and storage shall
be conducted entirely within the structure.
FACADE
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
FAMILY
(1)
One, two, three or four persons occupying a dwelling unit.
(2)
Five or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
(a)
It shall be presumptive evidence that five or more persons living
in a single dwelling unit who are not related by blood or marriage
or legal adoption do not constitute the functional equivalent of a
traditional family.
(b)
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
[1]
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit which may include
bona fide domestic servants employed at the premises on a full-time
basis, and/or in an owner-occupied dwelling up to three roomers, boarders
or lodgers may be permitted, provided that all local and state housing
and building codes are complied with.
[2]
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
[3]
The group shares (excluding bona fide domestic servants, or
an owner-occupied unit which may have up to three roomers, boarders
or lodgers) expenses for food, rent or ownership costs, utilities
and other household expenses.
[4]
The group is permanent and stable. Evidence of such permanency
and stability may include:
[a]
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools.
[b]
Members of the household use the same address for purposes of
voter registration, driver's licenses, motor vehicle registration,
filing taxes.
[c]
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units.
[d]
Common ownership of furniture, furnishings and appliances among
members of the household.
[e]
The group is not transient or temporary in nature.
FAMILY DAY-CARE HOME
A 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 three to eight children as defined in § 390 of the New
York State Social Services Law.
FENCE
A wall or barrier consisting of wood, vinyl, metal, masonry
or other commonly used materials for the purpose of enclosing space
or separating parcels of land; includes hedges and/or similar plantings.
FINANCIAL INSTITUTION (also BANK)
A building or structure utilized for the direct transactional
services to the public, including the maintenance of checking and
savings accounts, certificates of deposits, etc., and the providing
of related financial services associated with a bank.
FINISHED GRADE
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 the intersection is not reasonably horizontal, the
finished grade in computing height of buildings and other structure,
or for other purposes, shall be the average elevation of all finished
grade elevations around the periphery of the building, except that
the finished grade shall not be higher than 1/2 of the floor-to-ceiling
height.
FORESTRY
The growing and/or harvesting of timber and/or pulp logs.
FUNERAL HOME
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services. Such
facilities shall not include crematoriums.
GARAGE OR CARPORT, PRIVATE
A roofed or partly enclosed building or structure arranged,
designed or intended to be used for the parking or storage of one
or more vehicles, provided that not more than one parking space is
leased to a nonresident of the premises.
GARAGE, PUBLIC
A building, or part thereof, used only for the parking and
storage of vehicles for gain and that is open to the general public.
GASOLINE STATION
Any area of land, including any structure or structures thereon
that is or are used or designated to be used for the supply of gasoline
or other fuel for the propulsion of motor vehicles. For the purpose
of this chapter, there shall also be deemed to be included within
this term any area to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing and repairs, sales
and rentals of all motor vehicles, except tractor-trailer trucks.
GOLF COURSE
A tract of land for playing golf for a fee, improved with
tees, greens and fairways and which may include clubhouses, pro shops,
food and beverage service and shelters.
GOLF COURSE, MINIATURE
Any parcel of land that is used for the game of golf played
at a much decreased scale and commonly referred to as "miniature golf."
GROUP FAMILY DAY CARE
Care provided for not more than 12 children away from their
own homes for more than three hours but less than 24 hours per day
for any given child in a licensed group family day-care home which
is operated for such purposes for compensation or otherwise as defined
in § 390 of the New York State Social Services Law.
GROUP FOSTER HOME
A facility which provides board, domiciliary care and social
services to a group of five or more dependent children.
HEALTH SPA
A facility dedicated to the promotion of health and physical
fitness, either through exercise or recreation.
HOME OCCUPATION
An occupation carried on in a dwelling unit by the resident
thereof, provided that the use is limited in extent and incidental
and secondary to the use of the dwelling unit for residential purposes
and which does not alter the exterior of the property or affect the
residential character of the neighborhood.
HOSPITAL
An institution for the care and treatment of the sick and
injured, equipped with technical facilities and medical, nursing and
other professional and technical personnel necessary for diagnosis
and treatment of persons suffering from sickness or injury who require
bed care, outpatient care or emergency room care.
HOTEL (also INN)
One or more buildings containing 10 or more rooming unit(s)
with private bathrooms and with or without kitchenette facilities
in which temporary lodging is offered to the public for compensation.
Hotels shall provide customary hotel services, such as an area for
the registration of guests, daily housekeeping service, the furnishing
and laundering of linen, telephone and secretarial or desk service.
Hotels may provide amenities such as restaurants, meeting rooms, swimming
pools and exercise facilities to guests and the general public. Staff
are available on-site to assist guests at all times.
[Amended 8-14-2023 by L.L. No. 4-2023]
IMPERVIOUS SURFACE
Any hard-surfaced, man-made area that does not readily absorb
or retain water, including but not limited to building roofs, parking
and driveway areas (paved or gravel), sidewalks, patios and paved
recreation areas.
INSTITUTION
A nonprofit, religious or public use, such as a church, library,
public and private school, hospital, or government-owned or -operated
building, structure or land used for public purpose.
JUNKYARD
A lot and/or structure, or part of thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storage
and salvaging of machinery or vehicles for the sale of parts.
KENNEL
A commercial establishment in which more than four dogs,
cats or other domesticated animals are housed, groomed, bred, boarded,
trained or sold, all for a fee or compensation.
LABORATORY
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of a new product, and uses accessory thereto.
LIGHT MANUFACTURING INDUSTRY
A research or experimental laboratory, warehouse or storage
or manufacturing operation other than a use which is noxious or injurious
due to the production or emission of dust, smoke, refuse matter, odor,
gas, fumes, other effluent, noise, vibrations or similar conditions.
LINE, LOT
A line dividing one lot from another.
LINE, STREET
The dividing line between the street and the lot usually
referred to as the "right-of-way line."
LOADING SPACE, OFF-STREET
One loading space for merchandise or freight shall constitute
an area not less than 12 feet in width and 30 feet in length, with
a vertical clearance of 15 feet or more.
LOT
A parcel of land considered as a unit, occupied or capable
of being occupied by one building and accessory buildings or uses,
or by a group of buildings united by a common use or interest, and
including such open spaces as are required by this chapter.
LOT AREA
The total horizontal area included within lot lines, except
that no part of the area within a public right-of-way may be included
in the computation of lot area.
LOT, CORNER
A lot located at the intersection of and fronting on two
or more intersecting streets or alleys.
LOT COVERAGE
The portion of a lot that is covered by the maximum horizontal
cross section of all principal and accessory buildings.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT, FLAG
A lot with two distinct parts. (See figure below.)
(1)
The flag, which is the only building site and is located behind
another lot.
(2)
The pole, which connects the flag to the street, provides the
only street frontage for the lot and at any point is less than the
minimum lot width for the zone.
LOT FRONTAGE
A lot line, which is coincident with a street line.
LOT, INTERIOR
A lot which has no direct frontage on a public or private
street, but which obtains access to such streets by way of a private
driveway or access agreement across land owned by another party. The
front lot line of an interior lot shall be considered that lot line
where the driveway or access point enters the property. The front
lot line shall be the line from which the building line and required
front yard is established. The rear lot line shall be considered that
lot line which runs generally parallel to and does not intersect with
the front lot line.
LOT LINE
Any line dividing one lot from another lot or from a street.
LOT, THROUGH
An interior lot having frontage on two approximately parallel
or converging streets.
LOT WIDTH
The distance between side lot lines measured at right angles
to the lot depth at a point from the front lot line equal to the front
yard specified for the district.
LUMBER AND BUILDING MATERIALS STORAGE AND SALES
A lot with or without a building or structure utilized for
the storage of building and construction materials and equipment for
sale to the public, which may include a drive-through facility.
MANUFACTURING
The making or fabrication of raw material by hand, art or
machinery, or combination thereof, into finished parts or products.
MARINAS, YACHT CLUBS AND DOCKS
A facility located on a parcel within 500 feet of a navigable
waterway for storing, servicing, fueling, berthing and/or securing
boats, and may include eating, sleeping and retail facilities for
owners, crews and guests.
MINING OPERATION
A lot or land, or part thereof, used for the purpose of extracting
shale, gravel, rock and sand mining for sale as an industrial operation
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a building permit has been
made.
MIXED USE
The development of a tract of land, building or structure
with a variety of complementary and integrated uses, such as, but
not limited to, residential, office, manufacturing, retail, public
or entertainment.
MODULAR HOME
A modular home is that constructed off site in a minimum
of two sections, each of which are transported to the building site
separately, with installation of the heating system and application
of siding coming after the erection of the home, and which is indistinguishable
in appearance from conventionally built homes. Modular homes have
no permanent support frame (chassis). Any structure which is built
on a permanent chassis is defined as a "manufactured home" under 24
CFR 3280 and this chapter. Modular homes shall bear the New York State
Building Code certification as factory-manufactured dwellings.
MOTEL
A building or group of detached or connected buildings designed
or used primarily for providing transient sleeping accommodations
where each accommodation unit maintains a separate outside entrance,
no unit of which has a full kitchen, and which has no other individual
or centralized kitchen or laundry appliances located or maintained
anywhere on the premises.
[Amended 8-14-2023 by L.L. No. 4-2023]
NONCONFORMING USE
A use or activity which lawfully existed prior to the adoption,
revision or amendment of this chapter, but fails by reason of such
adoption, revision or amendment to conform to the present use, setback,
height, yard or other regulation or requirements of the district in
which it is located. This applies to buildings and structures, as
well.
OFFICE, BUSINESS
A room or group of rooms for conducting the affairs of a
business, profession, service, industry or government and generally
furnished with desks, tables, files and communication equipment. These
may be grouped into categories that identify principal function, e.g.,
medical offices, business offices or professional offices.
OFFICE, MEDICAL (also MEDICAL CLINIC AND DENTAL CLINIC)
A place where one or more doctors or dentists furnish medical
or dental care to persons on an outpatient basis. A place for the
care, diagnosis and treatment of sick, ailing, infirm or injured persons
and those who are in need of medical or surgical attention, but who
are not provided with board or room or kept overnight on the premises.
A facility for human ailments operated by a group of physicians, dentists,
chiropractors or other licensed practitioners for the treatment and
examination of outpatients. A medical or dental clinic is an organization
of specializing physicians or dentists, or both, who have offices
in a common building. A clinic may include laboratory facilities in
conjunction with normal clinic services, but shall not include inpatient
care.
OFFICE, PROFESSIONAL
The use of office-related spaces for such professional services
that are provided by accountants, attorneys, architects, engineers
and similar professionals.
OFFICE, PROFESSIONAL, MINOR
The use of office-related spaces for such professional services
that are provided by accountants, attorneys, architects, engineers
and similar professionals, limited to two professional employees and
one staff person per professional employee.
PARKING AREA
An open space other than a street or alley used exclusively
for the parking of automobiles.
PARKING SPACE
The area required for parking one automobile and shall be
a minimum of 8.5 feet wide and 18 feet long.
PARK, PUBLIC
Any land and/or structures erected and maintained by the
municipality for the expressed use and enjoyment of the general public.
PERSONAL CARE SERVICES
Establishments, primarily engaged in providing services involving
the care of a person, such as beauty shops, barbershops, nail salons,
shoe repair, other salons and tanning. This definition includes incidental
uses and additional related cosmetic and/or beauty services such as
facials, waxing and the retail sale of cosmetic products.
PLANNED DEVELOPMENT DISTRICT
An area of land in which a variety of housing types and/or
related commercial and industrial facilities are accommodated in a
preplanned environment under more flexible standards than would normally
apply under these regulations, the approval of which involves requirements
in addition to those of the standard subdivision, such as building
design, landscaping and open spaces.
PLAT
A map or chart indicating the subdivision or resubdivision
of land.
PORCH
A roofed or unroofed structure projecting from the front,
side or rear wall of a building.
PORTABLE STORAGE UNIT
Any container designed for the outdoor storage of personal
property which is typically provided to owners or occupants of property
for their temporary use, and which is delivered and removed by vehicle.
[Added 6-10-2024 by L.L. No. 2-2024]
PRIVATE ROAD
A right-of-way, other than a street, which provides vehicular
access to two or more lots.
PUBLIC UTILITY FACILITIES
Telephone, electric and cable TV lines, poles, appurtenances
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures, pumping stations; telephone exchanges;
and other facilities, appurtenances and structures necessary for conducting
a service by a government or public utility. Telecommunications facilities
and telecommunications towers are not public utility facilities. Telecommunications
facilities and telecommunications towers may be considered public
utility facilities; however, nothing in this definition shall exempt
wireless telecommunications from being subject to the telecommunications
tower section of the Code.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and/or
leisure-time activities.
RECREATION FACILITY, COMMERCIAL
Recreation facility operated as a for-profit enterprise by
a private owner or group of owners and may be open to the general
public.
RECREATION FACILITY, PUBLIC
Recreation facility operated as a nonprofit enterprise by
the Village of Coxsackie, any other governmental entity or any nonprofit
organization and open to the general public.
RECREATION, PASSIVE
Low-intensity recreational uses or activities, including,
but not limited to, viewpoints, unpaved trails, limited picnic facilities,
hiking, nature study, photography and fishing.
RELIGIOUS INSITUTION
An institution that people regularly attend to participate
in or hold religious services, meetings and other activities. This
definition also includes the terms "place of religious worship," "house
of worship," "church," "temple" and "mosque."
RESEARCH AND DEVELOPMENT FACILITY
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of a new product, and uses accessory thereto, excluding biological
laboratories.
RESORT
A building or group of buildings having individual sleeping
units for hire that includes a restaurant on the premises, offers
the inclusion of the cost of meals in the room rates and has outdoor
recreation facilities and entertainment. In no case shall casino gambling
be allowed on the premises of any resort.
RETAIL SALES AND SERVICE
Establishments engaged in selling goods, services or merchandise
to the general public for personal and household consumption and rendering
services incidental to the sale of such goods.
RIDING ACADEMY
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.
SCHOOL, PRIVATE
A private facility furnishing a comprehensive curriculum
of academic instruction similar to that of a public school on the
prekindergarten, kindergarten, primary and/or secondary level.
SCHOOL, PUBLIC
Any place offering instruction in any branch of knowledge
under the supervision of the State of New York.
SENIOR CITIZEN
A person 55 years of age or older who resides alone or who
may have residing with him or her a spouse, a dependent child of either
spouse 21 years of age or younger and/or a person engaged in rendering
care or treatment to a qualified resident of the senior citizen's
household. No other persons shall reside with said senior citizen.
SENIOR HOUSING
A structure containing individual residence units in which
at least one of the primary occupants shall be a senior citizen (55
years of age or older) who does not require continued medical or nursing
care, providing long-term residential accommodations with or without
room, board, housekeeping, personal care and supervision.
SETBACK
The minimum horizontal distance between the street, rear
or side lines of the lot and the front, rear or side lines of the
building. When two or more lots under single ownership are used, the
exterior property lines so grouped shall be used in determining offsets.
SHED
Any accessory structure used for storage or containment.
SHOPPING CENTER
A group of four or more retail establishments sharing a common
site and having either common walls or a common roof structure.
SHORT-TERM RESIDENTIAL RENTAL
A rental unit rented for occupancy for dwelling, lodging,
or sleeping purposes to the same renter for the same unit for a period
of 28 consecutive days or less, other than ongoing month-to-month
or annual tenancy.
[Added 8-14-2023 by L.L. No. 4-2023]
SITE PLAN
A plan of a lot on which is shown topography, location of
all buildings, structures, roads, rights-of-way, boundaries, all essential
dimensions and bearings and any other information deemed necessary
by the Planning Board.
SPECIAL USE PERMIT
An allowed use in a district which, because of its unique
characteristics, requires individual consideration in each case by
the Planning Board before it may be permitted.
STABLE
Any building or group of buildings with a sole function of
the storage and/or raising of horses.
STREET
A public or private way which affords the principal means
of access to abutting properties, including any highway.
STREET GRADE
The officially established grade of the street upon which
a lot fronts, or, if there is no officially established grade, the
existing grade of the street shall be taken as the street grade.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, and that is of a permanent nature.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use," or its equivalent, shall not be deemed to
include any nonconforming use.
USE, PERMITTED
A specific principal use of a building, structure, lot or
land, or part thereof, which this chapter provides for in a particular
district as a right.
USE, PRINCIPAL
The main or primary purpose for which a building, structure
and/or lot is designed, arranged or intended, or for which they may
be used, occupied or maintained under this chapter. The use of any
other building, other structure and/or land on the same lot and incidental
or supplementary thereto and permitted under this chapter shall be
considered an accessory use.
USE, PROHIBITED
Within a district, a use that is specifically disallowed.
Said term shall not include the uses subject to a special use permit
in the particular district.
USE VARIANCE
Permission for the use of land or buildings for a use which
is not otherwise permitted by the zoning regulations.
VETERINARY HOSPITAL (also ANIMAL HOSPITAL)
Any structure where animals or pets are given medical or
surgical treatment, including short-term boarding of animals when
boarding is for the purpose of monitoring recovery, but not including
boarding or kenneling.
WAREHOUSING
Facilities characterized by extensive warehousing, frequent
heavy trucking activity, open storage of material, or nuisances such
as dust, noise and odors, but not involved in manufacturing or production.
WATER-DEPENDENT USES
An activity which requires a location in, on, over or adjacent
to the water because the activities require direct access to water
and the use of water is an integral part of the activity. Examples
of water-dependent uses include public and private marinas, yacht
clubs, boat yards, commercial and recreational fishing facilities,
waterborne commerce and ferries.
WATER-ENHANCED OR WATER-RELATED USES
Uses that have no critical dependence on obtaining a waterfront
location, but the profitability of the use and/or the enjoyment level
of the users is increased significantly when it is adjacent or has
visual access to the waterfront.
WHOLESALE and DISTRIBUTION
An establishment primarily engaged in selling and/or distributing
merchandise to retailers; to industrial, commercial, institutional
or professional business users; or to other wholesalers.
WIRELESS COMMUNICATION FACILITY (also SATELLITE DISH and ANTENNA)
A public or private land use that transmits and/or receives
radio frequency signals, including but not limited to directional,
omnidirectional or parabolic (dish) antenna transmitting devices and
related equipment, transmission towers and other support structures,
connecting appurtenances, accessory equipment shelters and cabinets,
or other related structures or development. Wireless communication
facilities are either freestanding (equipment mounted on a wireless
communication support structure) or attached (equipment affixed to
or erected upon existing buildings, water tanks or other existing
structures).
YARD
An open space on the same lot with a building, unoccupied
or unobstructed by any portion of a structure from the ground upward,
except as otherwise provided in this chapter.
YARD, FRONT
An open, unoccupied space on the same lot with the building,
between the front line of the building and the street or highway line,
extending the full width of the lot.
YARD, REAR
An open, unoccupied space, except for accessory buildings,
on the same lot with the building, between the rear line of the building
and the rear lot line, extending the full width of the lot.
YARD, SIDE
An open unoccupied space, on the same lot with the building,
situated between the building and the side lot line, and extending
from the front yard to the rear yard.
ZONING DISTRICT
A geographic subdivision of and within the Village as delineated
on an Official Zoning Map for which the requirements of a code governing
the uses, dimensional standards, etc., are uniform herein.