A.
As used in this chapter unless otherwise specified:
(1)
The masculine includes the feminine, the singular includes the plural
and the present tense includes the future tense.
(2)
The word "person" includes an individual, firm or corporation.
(3)
The word "shall" is always mandatory.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
(6)
Any reference to a residence or residential district shall be interpreted
to mean any district with the word "residence" in its title.
(7)
A building or structure includes any part thereof.
B.
ABANDONMENT
ACCESS
ACCESSORY APARTMENT
ACCESSORY STRUCTURE
ACCESSORY USE
ADULT DAY CARE
ADULT ENTERTAINMENT BUSINESS or USE OR SEXUALLY ORIENTED BUSINESS
AGRICULTURE
ALLEY
ALTERATION
AMENDMENT
ANIMAL SHELTER
ANTENNA
AREA, BUILDING
AREA, FLOOR
AREA VARIANCE
ART GALLERY
ARTIST STUDIO
AUTOMOBILE BODY AND/OR PAINT SHOP
AUTOMOBILE REPAIR SERVICE
AUTOMOBILE SALES AGENCY
BARN
BASEMENT
BED-AND-BREAKFAST
BOWLING ALLEY
BREW PUB
BUFFER AREA
BUILDABLE AREA
BUILDING
BUILDING, ACCESSORY
BUILDING, ASSEMBLY
BUILDING COVERAGE
BUILDING, GOVERNMENTAL
BUILDING HEIGHT
BUILDING INSPECTOR/CODE OFFICER
BUILDING LINE
BUILDING PERMIT
BUILDING, PRINCIPAL
BULK
CANNABIS
CANNABIS CULTIVATION
CANNABIS DISTRIBUTOR
CANNABIS CONTROL BOARD or BOARD
CANNABIS LABORATORY TESTING FACILITY
CANNABIS LICENSE
CANNABIS LICENSEE
CANNABIS MICROBUSINESS
CANNABIS NURSERY
CANNABIS ON-SITE CONSUMPTION
CANNABIS PROCESSOR
CANNABIS RETAIL SALE
CANNABIS RETAILER
CANNABIS WAREHOUSE
CANNABIS WHOLESALE
CAR WASH
CEMETERY
CERTIFICATE OF OCCUPANCY
CHARTER AND TOUR BOAT OPERATION
CHILD DAY-CARE CENTER
CLUB, MEMBERSHIP
COMMERCIAL EVENT VENUE
COMMON USE DRIVEWAY
COMMUNITY CENTER
COMMUNITY SEWER SYSTEM
COMMUNITY WATER SYSTEM
COMPREHENSIVE PLAN
CONDOMINIUM
CONVENIENCE STORE
COVERAGE, LOT
CULTURAL FACILITIES
DAY-CARE CENTER
DENSITY
DOCK
DRIVE-THROUGH FACILITY
DWELLING
DWELLING, ATTACHED SINGLE-FAMILY
DWELLING, DETACHED SINGLE-FAMILY
DWELLING, MANUFACTURED
DWELLING, MODULAR
DWELLING, MULTIFAMILY
DWELLING, SEMIDETACHED SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ENTERTAINMENT FACILITY
EQUIPMENT REPAIR SHOP
FACADE
FAMILY
(1)
(2)
(a)
(b)
[1]
[2]
[3]
[4]
[a]
[b]
[c]
[d]
[e]
FAMILY DAY-CARE HOME
FENCE
FINANCIAL INSTITUTION
FINISHED GRADE
FORESTRY
FUNERAL HOME
GARAGE OR CARPORT, PRIVATE
GARAGE, PUBLIC
GASOLINE STATION
GOLF COURSE
GOLF COURSE, MINIATURE
GROUP FAMILY DAY CARE
GROUP FOSTER HOME
HEALTH SPA
HEMP
HOME OCCUPATION
HOSPITAL
HOTEL
HOUSEHOLD
IMPERVIOUS SURFACE
IMPERVIOUS SURFACE COVERAGE
INSTITUTION
JUNKYARD
KENNEL
LABORATORY
LABORATORY, BIOLOGICAL
LIGHT MANUFACTURING INDUSTRY
LINE, LOT
LINE, STREET
LOADING SPACE, OFF-STREET
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, FLAG
LOT FRONTAGE
LOT, INTERIOR
LOT LINES
LOT, THROUGH
LOT WIDTH
LUMBER AND BUILDING MATERIALS STORAGE AND SALES
MANUFACTURED HOME
MANUFACTURED HOME PARK
MANUFACTURED HOUSING SUBDIVISION
MANUFACTURING
MARINAS, YACHT CLUBS and DOCKS
MINING OPERATION
MIXED USE
MODULAR HOME
MOTEL
NONCONFORMING USE
NURSING CARE, REST OR CONVALESCENT HOME
OFFICE, BUSINESS
OFFICE, MEDICAL
OFFICE or OFFICE OF CANNABIS MANAGEMENT
OFFICE, PROFESSIONAL
PARKING AREA
PARKING SPACE
PARKING STRUCTURE
PARK, PUBLIC
PERSONAL CARE SERVICES
PLANNED DEVELOPMENT DISTRICT
PLAT
PORCH
PRIVATE ROAD
PUBLIC UTILITY FACILITIES
RECREATION FACILITY
RECREATION FACILITY, COMMERCIAL
RECREATION FACILITY, PUBLIC
RECREATION, PASSIVE
RECREATION TRAILS
RELIGIOUS INSTITUTION
RESEARCH AND DEVELOPMENT FACILITY
RESORT
RESTAURANT
RETAIL SALES AND SERVICE
RIDING ACADEMY
SCHOOL, PRIVATE
SCHOOL, PUBLIC
SENIOR CITIZEN
SENIOR HOUSING
SETBACK
SHED
SHOPPING CENTER
SITE PLAN
SPECIAL USE PERMIT
STABLE
STREET
STREET GRADE
STRUCTURE
TAVERN
USE
USE, NOT PERMITTED (NP)
USE, PERMITTED (P)
USE, PERMITTED USE WITH A SPECIAL USE PERMIT (SP)
USE, PRINCIPAL
USE VARIANCE
VETERINARY HOSPITAL
VOCATIONAL AND BUSINESS SCHOOL
WAREHOUSING
WATER-DEPENDENT USES
WATER-ENHANCED OR WATER-RELATED USES
WHOLESALE AND DISTRIBUTION
WIRELESS COMMUNICATION FACILITY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING DISTRICT
As used in this chapter, the following terms shall have the meanings
indicated:
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.
A way or means of approach to provide vehicular or pedestrian
physical entrance to a property.
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.
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. Also "accessory
building."
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.
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.
Adult entertainment uses, as defined in Chapter 68, Adult Entertainment, of the Code of the Town of Coxsackie. Adult uses are allowed as special uses in the Corridor Industrial District only. The maintenance and/or establishment of such uses shall be regulated by the Chapter 68, Adult Entertainment.
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.
A public way, which affords generally a secondary means of
vehicular access to abutting property.
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. Also "structural alteration."
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 Town Board.
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.
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 antennae and TV/radio transmission towers licensed for public
broadcast by the FCC. Also "satellite dish."
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.
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.
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 code.
A structure or building utilized for the display of art work,
including paintings, sculptures and paints for view and/or sale to
the public.
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.
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.
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.
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. Also "motor vehicle sales."
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. Also "stable."
A story partly below grade and having a portion of its clear
floor-to-ceiling height above the average grade of the adjoining ground.
An owner-occupied single dwelling unit in which at least
one, but not more than four, sleeping rooms are provided by the owner-occupant
as overnight/lodging facilities, with or without meals, for the accommodation
of transient guests.
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.
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.
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. Also "screening."
That portion of a lot remaining after required setbacks have
been provided and the natural resource protection standards have been
met.
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.
A supplemental building, the use of which is incidental to
that of a main or principal building and located on same lot therewith.
A building or portions of a building in which facilities
are provided for civic, educational, political, religious, or social
purposes.
That portion of a lot that is covered by the maximum horizontal
cross sections of all principal and accessory buildings.
A building owned, operated, or occupied by a local, state,
or federal agency to provide a governmental service to the public
such as a Town Hall, fire station, or post office.
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.
The Building Inspector/Code Officer shall be the Zoning Enforcement
Officer.
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.
A certificate issued by the Building Inspector/Code Officer
authorizing with respect to this code, the erection, demolition, relocation,
enlargement or alteration of a structure, or uses thereof, in conformity
with provisions of this code.
A building in which the main or principal use of the lot
on which said building is situated is conducted.
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.
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp or hemp extract as defined by this section
or any drug products approved by the Federal Food and Drug Administration.
[Added 7-13-2022 by L.L. No. 1-2022]
Growing, cloning, harvesting, drying, curing, grading, and
trimming of cannabis plants for sale to certain other categories of
cannabis license- and permit-holders.
[Added 7-13-2022 by L.L. No. 1-2022]
Any person who sells at wholesale any cannabis product, except
medical cannabis, for the sale of which a license is required under
the provisions of the NYS Cannabis Law.
[Added 7-13-2022 by L.L. No. 1-2022]
The New York State Cannabis Control Board created pursuant
to Article Two of the NYS Cannabis Law.
[Added 7-13-2022 by L.L. No. 1-2022]
Any independent laboratory capable of testing cannabis and
cannabis products for adult-use and medical-use; cannabinoid hemp
and hemp extract; or for all categories of cannabis and cannabis products
as per regulations set forth by the state Cannabis Control Board.
[Added 7-13-2022 by L.L. No. 1-2022]
A written authorization as provided under the NYS Cannabis
Law permitting persons to engage in a specified activity authorized
pursuant thereto.
[Added 7-13-2022 by L.L. No. 1-2022]
An individual or an entity who has been granted a license
under this chapter.
[Added 7-13-2022 by L.L. No. 1-2022]
A licensee that may act as a cannabis producer for the cultivation
of cannabis, a cannabis processor, a cannabis distributor and a cannabis
retailer under the NYS Cannabis Law; provided such licensee complies
with all requirements imposed thereby on licensed producers, processors,
distributors and retailers to the extent the licensee engages in such
activities.
[Added 7-13-2022 by L.L. No. 1-2022]
A licensee that produces only clones, immature plants, seeds,
and other agricultural products used specifically for the planting,
propagation, and cultivation of cannabis by licensed adult-use cannabis
cultivators, microbusinesses, cooperatives and registered organizations.
[Added 7-13-2022 by L.L. No. 1-2022]
The consumption of cannabis in an area licensed as provided
for in the NYS Cannabis Law.
[Added 7-13-2022 by L.L. No. 1-2022]
A licensee that extracts concentrated cannabis and/or compounds,
blends, extracts, infuses, or otherwise manufactures concentrated
cannabis or cannabis products, but not the cultivation of the cannabis
contained in the cannabis product.
[Added 7-13-2022 by L.L. No. 1-2022]
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee, of any cannabis,
cannabis product, cannabinoid hemp or hemp extract product to a cannabis
consumer for any purpose other than resale.
[Added 7-13-2022 by L.L. No. 1-2022]
Any person who sells at retail any cannabis product, the
sale of which a license is required under the provisions of the NYS
Cannabis Law.
[Added 7-13-2022 by L.L. No. 1-2022]
Includes a place in which cannabis products are securely
housed or stored.
[Added 7-13-2022 by L.L. No. 1-2022]
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee of any adult cannabis
or cannabis product, or hemp or hemp product for purposes of resale.
[Added 7-13-2022 by L.L. No. 1-2022]
Mechanical facilities for the washing, polishing or cleaning
of automobiles or trucks.
Property used for the interring of the dead. This use shall
not include facilities for cremation.
A certificate issued by the Building Inspector/Code 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 code and such adjustments thereto
granted by the Board of Appeals.
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.
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.
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. Also
"fraternal lodges."
A location where events are held, including but not limited
to weddings, parties, meetings, family reunions, and corporate events.
The event locations can include, but not be limited to, tents, gazebos,
barns, open areas, and residential structures. Events for which the
owner or operator of the venue receives no fee or other remuneration
in connection with the event and no fees are charged to attendees
shall not be considered commercial events. Events held by not-for-profit
organizations by and for their membership shall not be considered
commercial events.
[Added 4-14-2015 by L.L.
No. 1-2015]
A private deeded right-of-way which serves as the access
to no more than two lots or parcels of land.
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.
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.
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.
Plans and policy statements prepared by and for the Town
of Coxsackie in accordance with the Town Law identifying land use
areas and objectives and public facilities and other community features,
and providing for the improvement of the Town 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.
A building or groups of buildings in which dwelling units
are owned individually, and the owners own the structure, common areas,
and facilities jointly.
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.
The percentage of the plot or lot area covered by the building
area.
A building or structure utilized for the instruction and
presentation of performing and/or visual arts, the display of exhibits
of historic, educational or cultural nature, which are not operated
commercially.
A facility that provides care for more than seven persons
for less than 24 hours a day.
The lot area per dwelling unit required in the zoning district
regulations.
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.
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.
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 "boarding houses, bed-and-breakfast
inns, motels or hotels."
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. Also "row house," "townhouse."
A freestanding residential dwelling designed for and occupied
by one household only.
See "manufactured home."
See "modular home."
A building arranged, intended, or designed to be occupied
by three or more households, with separate housekeeping, cooking,
and sanitary facilities for each.
Two dwelling units placed side by side and joined to each
other by a vertical, common party wall.
A residential dwelling designed for and occupied by only
two households, with separate housekeeping, cooking, and sanitary
facilities for each.
A building or portion thereof, providing complete housekeeping
facilities for one family.
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.
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, truck,
construction equipment, etc. All repair activity and storage shall
be conducted entirely within the structure.
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
One, two, three, or four persons occupying a dwelling unit.
Five or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
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.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
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.
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.
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.
The group is permanent, and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools.
Members of the household use the same address for purposes of
voter registration, drivers' licenses, motor vehicle registration,
and filing taxes.
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units.
Common ownership of furniture, furnishings and appliances among
members of the household.
The group is not transient or temporary in nature.
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.
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.
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. Also "bank."
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports, or 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 structures
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.
The growing and/or harvesting of timber and/or pulp logs.
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.
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.
A building or part thereof, used only for the parking and
storage of vehicles for gain that is open to the general public.
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.
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.
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."
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.
A facility which provides board, domiciliary care and social
services to a group of five or more dependent children.
A facility dedicated to the promotion, health, and physical
fitness, either through exercise or recreation.
The plant Cannabis sativa L. and any part of such plant,
including the seeds thereof and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration (THC) of not more
than 0.3% on a dry-weight basis. It shall not include "medical cannabis"
as defined in this section.
[Added 7-13-2022 by L.L. No. 1-2022]
An occupation carried on in a dwelling unit or accessory
structure 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.
An institution for the care and treatment of the sick and
injured, equipped with technical facilities, medical, nursing and
other professional and technical personnel necessary for diagnosis
and treatment of persons suffering from sickness or injury who require
bed care, out-patient care or emergency room care.
A facility offering transient lodging accommodations on a
daily rate to the general public. It may provide additional services
such as restaurants, meeting rooms, and recreational facilities. Also
"inn."
See "family."
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.
The percentage of the area of a lot that is covered by impervious
surface.
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.
A lot, and/or structure, or part of thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
of discarded material; or for the collecting, dismantling, storage
and salvaging or machinery or vehicles for the sale of parts.
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.
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.
A building for scientific laboratory research in the biological
sciences.
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.
A line dividing one lot from another.
The dividing line between the street and the lot usually
referred to as the right-of-way line.
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.
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 code.
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.
A lot located at the intersection of and fronting on two
or more intersecting streets or alleys.
The portion of a lot that is covered by the maximum horizontal
cross section of all principal and accessory buildings.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot with two distinct parts:
A lot line which is coincident with a street line.
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.
Any line dividing one lot from another lot or from a street.
An interior lot having frontage on two approximately parallel
or converging streets.
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.
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.
A structure, transportable in one or more sections, which,
in traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with our without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems contained therein as defined
in 24 CFR Part 3280. Manufactured home shall not include "modular
home" as defined below. Also "dwelling, manufactured," "mobile home."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale. See also "manufactured
housing subdivision."
See "manufactured home park."
The making or fabrication of raw material by hand, art, machinery,
or combination thereof into finished parts or products.
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,
crew, and guests.
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.
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.
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 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 Part 3280 and this chapter. Modular homes shall bear the New York
State Building Code certification as factory-manufactured dwellings.
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.
A use or activity which lawfully existed prior to the adoption,
revision, or amendment of this code but fails by reason for 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.
Any building other than a hospital where persons are housed
or lodged and furnished with meals and nursing care for hire.
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.
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. Also "medical clinic," "dental clinic."
The New York State Office of Cannabis Management.
[Added 7-13-2022 by L.L. No. 1-2022]
The use of office-related spaces for such professional services
that are provided by accountants, attorneys, architects, engineers
and similar professionals.
An open space other than a street or alley used exclusively
for the parking of automobiles.
The area required for parking one automobile and shall be
a minimum of 8.5 feet wide and 18 feet long.
A structure in which automobiles may be parked or stored.
Any land and/or structures erected and maintained by the
municipality for the expressed use and enjoyment of the general public.
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.
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.
A map or chart indicating the subdivision or resubdivision
of land.
A roofed or unroofed structure projecting from the front,
side, or rear wall of a building.
A right-of-way, other than a street, which provides vehicular
access to two or more lots.
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. Telecommunication facilities and telecommunication towers are not public utility facilities. Telecommunication facilities and telecommunication towers may be considered public utility facilities; however, nothing in this definition shall exempt wireless telecommunications from being subject to Chapter 185, Telecommunications Towers, of the Code of the Town of Coxsackie.
A place designed and equipped for the conduct of sports and/or
leisure time activities.
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 operated as a nonprofit enterprise by
the Town of Coxsackie, any other governmental entity or any nonprofit
organization and open to the general public.
Low intensity recreational uses or activities, including
but not limited to viewpoints, unpaved trails, limited picnic facilities,
hiking, nature study, photography and fishing.
A network of trails designed for recreational use.
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."
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.
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 addition, the lot shall
be of sufficient size as to provide at least 0.5 acre per individual
room. In no case shall casino gambling be allowed on the premises
of any resort.
An establishment where food and drink are prepared, served,
and consumed, primarily within the principal building. Also "eating
and drinking establishment."
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.
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 private facility furnishing comprehensive curriculum of
academic instruction similar to that of a public school on the, prekindergarten,
kindergarten, primary and/or secondary level.
Any place offering instruction in any branch of knowledge
under the supervision of the State of New York.
A person 55 years of age or older, who resides alone, or
who may have residing with he or she, a spouse, a dependent child
of either spouse, 21 years of age or younger, a person engaged in
rendering care or treatment to a qualified resident of the senior
citizens household, no other persons shall reside with said senior
citizen.
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.
The minimum horizontal distance between the streets, rear
or side lines of the lot and the front, rear or side lines on the
building. When two or more lots under single ownership are used, the
exterior property lines so grouped shall be used in determining offsets.
Any accessory structure used for storage or containment.
A group of four or more retail establishments sharing a common
site and having either common walls or a common roof structure.
A plan of a lot on which is shown topography, location of
all buildings, structures, roads, rights-of-ways, boundaries, all
essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
A special use permit is 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.
Any building or group of buildings with a sole function of
the storage and/or raising of horses.
A public or private way, which affords the principal means
of access to abutting properties, including any highway.
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.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground and is of a permanent nature.
A place in which the principal income is derived from the
sale or serving of alcoholic beverages for consumption on the premises,
with or without live entertainment. Also "bar," "cocktail lounge,"
and "brew pub."
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.
Any use that is not permitted by right or with a special use permit in the zoning district where the use is listed. All not permitted uses are indicated in Schedule A and B (Chapter 201 attachments) with "NP."
[Amended 6-12-2018 by L.L. No. 1-2018]
A specific principal use of a building, structure, lot or land, or any part thereof, shall be permitted by right in the zoning district where the use is listed, provided that all other requirements of this chapter are met. All permitted uses are indicated in Schedule A and B (Chapter 201 attachments) with a "P."
[Amended 6-12-2018 by L.L. No. 1-2018]
A specific principal use of a building, structure, lot or land, or part thereof, permitted in the zoning district upon issuance of a special use permit by the Planning Board. All special use permit uses are indicated in Schedule A and B (Chapter 201 attachments) with a "SP."
[Added 6-12-2018 by L.L.
No. 1-2018]
The main or primary purpose of which a building, structure
and/or lot is designed, arranged or intended, or for which they may
be used, occupied or maintained under this code. The use of any other
building, other structure and/or land on the same lot and incidental
or supplementary thereto and permitted under this code shall be considered
an accessory use.
Permission for the use of land or buildings for a use, which
is not otherwise permitted by this chapter.
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. Also "animal hospital."
A school established to provide for the teaching of industrial,
clerical, managerial, or artistic skills.
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.
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.
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.
An establishment primarily engaged in selling and/or distributing
merchandise to retailers; to industrial, commercial, institutional,
or professional business users; or to other wholesalers.
A public or private land use that transmits and/or receives
radio frequency signals, including but not limited to directional,
omnidirectional, or parabolic (dish) antennae 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). Also "satellite dish," "antenna."
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 code.
An open, unoccupied space on the same lot with the building,
between the front line of the building and the street or highway line,
and extending the full width of the lot.
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 and extending the full width of the lot.
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.
A geographic subdivision of and within the Town as delineated
on an official Zoning Map for which the requirements of a code governing
the uses, dimensional standards, etc., are uniform herein.
