A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. Words used in the present
tense shall include the future. Words used in the singular number
include the plural, and words used in the plural number include the
singular, unless the context clearly indicates the contrary. The word
"shall" is always mandatory. The word "may" is permissive. "Building"
or "structure" includes any part thereof. The word "lot" includes
the word "plot" or "parcel." The word "person" includes an individual
person, a firm, a corporation, a partnership, and any other agency
of voluntary action. The word "he" shall include "she" or "they."
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for."
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling unit occupying the lesser of 1,000 square feet
or 30% of the floor space of an owner-occupied structure containing
a principal use that is single-family residential or nonresidential,
or a dwelling unit no larger than 1,000 square feet located in an
accessory structure on an owner-occupied property.
A structure detached from and subordinate to a principal
building on the same lot and used for purposes customarily incidental
to those of the principal building or use, including accessory apartments.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A bookstore, video store, nightclub, movie theater, retail
store, or other establishment which prominently features entertainment
or materials with sexually explicit content. An establishment which
sells such materials as an incidental part of its business or which
presents such material or entertainment primarily as a form of legitimate
artistic expression shall not be considered an adult use.
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which a subdivision is proposed, as provided in § 305-a
of the Agriculture and Markets Law. An agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a Tax Map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
The commercial use of land and structures for the production,
preservation, nonindustrial processing, storage and sale of agricultural
commodities such as crops, plants, flowers, vines, trees, sod, shrubs,
livestock, honey, Christmas trees, compost, poultry or dairy products,
not including agricultural industry or farms primarily for the disposal
of offal or garbage. Commercial horse boarding operations, as defined
herein, and the raising or breeding of horses are agricultural uses,
distinguished from the business use of teaching or training people
to ride a horse. (See "riding academy.") A produce sales facility
not exceeding 800 square feet in footprint area and a riding academy
operated in conjunction with a farm operation (as defined herein)
shall be deemed to be agricultural accessory uses. Agricultural activities
on residential parcels of less than seven acres shall be deemed to
be not agriculture but a residential accessory use.
As applied to a structure, a change to or rearrangement of
the structural parts or exterior appearance of such structure, or
any expansion thereof, whether by extension of any side or by any
increase in height, or the moving of such structure from one location
to another.
Any person, corporation, or other entity applying for a building
permit, certificate of occupancy, special permit, site plan or subdivision
approval, variance, or zoning amendment.
A residential care facility providing residential units accompanied
by services for housekeeping, personal care, recreation, and food.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles, and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning, servicing, or repairing such
motor vehicles, including auto body shops.
A dwelling in which overnight accommodations not exceeding
five bedrooms and breakfast are provided for transient guests for
compensation. A bed-and-breakfast must be the primary residence of
the owner/proprietor.
That portion of a lot which is suitable for building structures
and locating septic disposal facilities, i.e., all land excluding
wetlands and watercourses, slopes exceeding 30%, and flood hazard
areas as mapped on the Federal Emergency Management Agency's Flood
Insurance Rate Map.
A structure having a roof supported by columns or walls for
the shelter, support, or enclosure of persons, animals, or property.
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
to the deckline of mansard roof; and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
A building or structure in which is conducted the main or
principal use of the lot on which it is located.
Any area of land containing recreation facilities as well
as more than four cabins, tent sites, recreational travel vehicles,
shelters, or accommodations used for what is commonly known as "overnight
camp" or "day camp" purposes or otherwise designed for seasonal or
other temporary recreational and living purposes occupied by adults,
children, or any combination of individuals, families, or groups.
This definition shall not apply to the recreational use of private
property for personal use by owners, lessees, or their guests, which
shall be considered to be an accessory use to a residence or a recreational
business.
Land used or intended to be used for the burial of dead human
beings and dedicated for such purpose, including columbariums, mausoleums,
and mortuaries when operated as part of a cemetery and within its
boundaries, but excluding crematoria.
The initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category on the Use Table, shall not be considered a change of use. See § 121-10F.[1]
A not-for-profit corporation or association organized for
charitable purposes, including but not limited to education, social
welfare, environmental conservation, scientific research, cultural
enrichment, and the arts.
Any cutting of all or substantially all trees over six inches
in diameter at breast height over more than 2,000 square feet of land
area.
Premises used by an organization catering exclusively to
members and their guests for social, recreational, athletic, or similar
purposes, including shooting preserves licensed pursuant to Environmental
Conservation Law § 11-1903 that are organized as membership
clubs.
The Town official charged with the administration and enforcement of this chapter and/or Chapter 63, entitled "Fire Prevention and Building Code Administration,"[2] of the Amenia Town Code, regardless of whether or not such official has obtained certification from New York State as a code enforcement officer in connection with Building Code enforcement. In this chapter, the Code Enforcement Official is also referred to as the Zoning Administrator or Building Inspector, depending upon the context. The enforcement of this chapter is the responsibility of the Zoning Administrator, who shall review all building permit applications for compliance with this chapter. The Building Inspector is charged with enforcing Chapter 63 of the Amenia Town Code.
The addition of commercial communications equipment to any
existing or approved telecommunications tower or tall structure by
any persons, corporations, firms, associations or entities.
A driveway serving no more than four lots, owned in common
or created by reciprocal easements.
An application for a special permit, site plan, or subdivision
approval, zoning amendment, or variance, found by the reviewing board
to satisfy all information requirements of this chapter and of the
New York State Environmental Quality Review Act, for which either
a negative declaration has been issued or a draft environmental impact
statement has been accepted as satisfactory pursuant to 6 NYCRR 617.8(b)(1).
The Comprehensive Plan or Master Plan adopted by the Town
Board for the future preservation and development of the Town of Amenia
pursuant to § 272-a of the Town Law, including any part
of such plan separately adopted and any update or amendment to such
plan.
A system of ownership of dwelling units, either attached
or detached, established pursuant to the Condominium Act of the State
of New York (Article 9-B of the Real Property Law), in which the apartments
or dwelling units are individually owned.
Complying with the use, density, dimensional, and other standards
of this chapter or permitted to deviate therefrom by special permit,
site plan approval, or variance.
A perpetual restriction on the use of land, created in accordance
with the provisions of Article 49, Title 3, of the Environmental Conservation
Law or § 247 of the General Municipal Law, for the purposes
of conservation of open space, agricultural land, and natural, cultural,
historic, and scenic resources.
A mobile home unit used for nonresidential purposes associated
with on-site construction.
A land subdivision that complies with the minimum lot size
requirements shown on the Dimensional Table[3] and does not set aside land as permanently protected open
space.
See "lot, corner."
A place where artists, artisans, craftsmen, and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metalwork, musical instruments, paintings, pottery, sculpture,
toys, and weaving. A craft workshop with more than six regular full-time
equivalent employees or other staff is considered to be "light industry."
Any man-made change to improved or unimproved real estate,
including but not limited to construction or alteration of buildings
or other structures, as well as clear-cutting, mining, dredging, filling,
paving, excavations, or drilling operations.
A private way providing vehicular access from a public or
private road to a residence or to a commercial or noncommercial establishment.
A building designed or used exclusively as living quarters
for one or more families.
A building containing separate living units for three or
more families, including apartment buildings, rowhouses, townhouses,
regardless of the form of ownership (condominium, fee simple, rental).
A detached building designed for the use of one family, in
which not more than three boarders are sheltered and/or fed for compensation.
A detached building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed the electronic receiving and relay
equipment for a wireless telecommunications facility. Associated equipment
may include air conditioning and emergency generators. This term does
not include offices, long-term storage of vehicles or other equipment
storage or broadcast studios.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
One or more persons living together as a single nonprofit
housekeeping unit, using all rooms and housekeeping facilities of
a dwelling unit in common and doing their cooking on the premises,
as distinguished from a group occupying a boardinghouse or rooming
house or lodging facility.
Land used in agricultural production, farm buildings, equipment,
and farm residential buildings.
A hedge, structure or partition erected for the purpose of
enclosing a piece of land or to divide a piece of land into distinct
portions or to separate two contiguous properties.
Land subject to a one-percent or greater chance of flooding
in any given years, shown on the Zoning Map as the FPO District.[4]
The sum of the areas of habitable or commercially usable
space on all floors of a structure, including the interior floor area
of all rooms (including bathrooms and kitchens), closets, pantries,
hallways that are part of a dwelling unit or inside a commercial building,
including habitable finished basements but excluding cellars or unfinished
basements.
Area of the ground covered by a structure, including the
foundation and all areas enclosed by exterior walls and footings and
covered by roofing. In the case of party-wall buildings, each unit
shall be considered a separate structure for purposes of measuring
footprint area.
Use or management, including commercial logging, of a forest,
woodland, or tree plantation, and related research and educational
activities, including the construction, alteration, or maintenance
of roads, skidways, landings, fences, forest drainage systems, barns,
sheds, garages, and research, educational, or administrative buildings
or cabins directly and customarily associated with forestry use.
The side of a building or structure parallel to and closest
to a road or street. On a corner lot, both sides of a building facing
the street shall be considered the front.
An unenclosed structure not exceeding 12 feet in height without
solid walls, screens, electricity, or plumbing.
Spillover of artificial light beyond the area intended for
illumination in a manner which either impairs vision or beams light
onto adjoining properties or toward the sky.
Any excavation, alteration of land contours, grubbing, filling,
or stockpiling of earth materials.
Includes any of the following:
Petroleum.
Any substance or combination of substances designated as a hazardous
substance under § 311 of the Federal Water Pollution Control
Act (33 U.S.C. § 1321).
Any substance listed by the NYSDEC which, because of its quantity,
concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness, or pose a substantial present or potential hazard to human
health or the environment when improperly stored or otherwise managed.
All materials or chemicals listed as hazardous wastes pursuant
to Article 27 of the Environmental Conservation Law (ECL), and all
toxic pollutants as defined in Subdivision 19 of § 17-0105
of the ECL.
A hospital, nursing home, medical clinic, or office building
for four or more doctors and other medical personnel.
Manufacture, assembly, treatment, processing, or packaging
of products in a manner that emits or is likely to emit objectionable
levels of smoke, noise, dust, odor, glare, water pollution, or vibration
beyond the property boundaries.
An occupation, trade, profession, or other business activity
resulting in a product or service for compensation, conducted wholly
or partly in a dwelling unit or accessory structure.
See "lodging facility."
A lodging facility or a set of dwelling units used as lodging
for transient occupancy and/or as part-time residences by owners,
renters, or lodgers, whether in condominium, time-share, fractional,
fee simple, single-owner, cooperative, or any other form of ownership.
For purposes of this definition, 1) "transient occupancy" shall mean
that the lodging facility and/or dwelling units are not occupied by
any occupant for more than 48 days in any calendar year nor more than
15 continuous days; and 2) "part-time residences" shall mean that
the lodging facility and/or dwelling units are not occupied by any
occupant for more than 120 days in any calendar year nor more than
30 continuous days. For purposes of enforcement of these occupancy
limitations, the Town may, in its discretion, require that compliance
be established by annual certification provided by the owners of such
units, the manager thereof, or any condominium or similar association
for such units.
Any roofed or other solid structure or material covering
the ground through which water does not readily penetrate, including,
but not limited to, concrete, oil and stone, tar or asphalt pavement,
or compacted soil or gravel. Regardless of the construction materials,
any area which is used for driveway or parking purposes, including
disturbed grass, ground cover, or dirt, shall be considered impervious.
A deck with spaced boards at least 1/8 inch apart, a swimming pool
surface, and a patio with a permeable paving system shall not be considered
impervious.
The ratio between impervious surface and total land area
of a lot expressed as the percentage of land covered by impervious
surfaces.
A road constructed off of an existing public street that
provides access to the interior of a parcel.
Any worn-out, cast-off, discarded, or neglected article or
material which is ready for destruction or has been collected or stored
for salvage, sale, or conversion to another use. "Junk" does not include
any article or material which unaltered or unchanged and without further
reconditioning can be used for its original purposes as readily as
when new or any article stored for restoration or display as part
of a bona fide hobby (such as antique automobiles, antique farm machinery,
antique engines, special-interest automobiles, etc.).
Any vehicle not operable on the public highway system, unless
such vehicle is an antique or special-interest automobile stored for
restoration and/or display as part of a bona fide hobby.
The use of land outside a fully enclosed structure for the
storage or collection of junk or junk cars.
Any establishment, including cages, dog runs and structures,
wherein more than four dogs which are over six months of age are harbored,
bred or boarded producing a gross income of $150 or more annually.
Manufacture, assembly, treatment, processing, or packaging
of products that does not emit objectionable levels of smoke, noise,
dust, odor, glare, or vibration beyond the property boundaries.
Any hotel, motel, inn, hotel-condominium, or other establishment
providing sleeping accommodations for transient occupants, with or
without a dining room or restaurant, excluding bed-and-breakfast establishments.
A lot at the junction of and abutting on two or more intersecting
roads.
The property lines that bound a lot as defined herein.
Any lot which has been established as such by plat, survey
record, or deed prior to the date of this chapter as shown on the
records in the Office of the County Clerk.
An area of land with definite boundaries, all parts of which
are owned by the same person(s) or entities, the boundaries of which
were established either by the filing of an approved subdivision plat
or by the recording of a deed prior to the adoption of the Subdivision
Regulations of the Town of Amenia on June 17, 1968.
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same road as such lot
and having access to the road via a strip of land that does not have
the minimum road frontage ordinarily required in the land use district.
A lot which faces on two streets at opposite ends of the
lot, which is not a corner lot.
A proposed use that requires a special permit or site plan approval and that exceeds any of the thresholds for a minor project. See § 121-61.
See "club, membership."
A use or combination of uses on a lot or a series of adjoining
lots that requires either site plan review or a special permit and
that, over a three-year period, falls within the following thresholds:
Construction of four multifamily dwelling units or a lodging
facility with six bedrooms.
Construction of facilities or structures for a nonresidential
use covering 3,000 square feet of building footprint.
Alteration of existing structures or expansion of such structures
by 1,000 square feet.
Conversion of existing structures totaling 5,000 square feet
to another use.
Alteration and active use of 10,000 square feet of land, with
or without structures (excluding soil mining).
Soil mining that does not require a DEC permit.
Construction of a structure that is 80 feet or higher above
average grade level.
Any combination of residential, commercial, or industrial
uses on the same lot or in the same building.
A transportable living unit used or designed to be used year
round as a permanent residence and containing the same types of water
supply, waste disposal, and electrical systems as immobile housing.
Recreational vehicles designed to be driven or towed by an automobile
or pickup truck, units designed for use principally as a temporary
residence, or prefabricated, modular, or sectionalized houses transported
to and completed on a site are not considered to be mobile homes.
Any court, park, place, lot, or parcel under single ownership
which is improved for the placement of two or more mobile homes to
be used as permanent residences.
See "dwelling, multifamily."
Any use conducted by the Town of Amenia or any department
or agency of the Town of Amenia or any school district within the
Town of Amenia.
A lot of record which does not comply with the area, shape,
frontage, or locational provisions of this chapter for the district
in which it is located.
A structure which does not satisfy the dimensional requirements
of this chapter for the district in which it is located but which
was not in violation of applicable requirements when constructed.
Any use lawfully existing prior to and at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted by or does not conform with the permitted use provisions of this chapter for the district in which it is located. A preexisting lawful use which is allowed only by special permit under this chapter shall be considered a conforming use. (See Article VI.)
A business, professional, or nonprofit workplace in which
manufacturing processes, retail sales, construction, and warehousing
do not occur on the premises, including but not limited to professional
offices for attorneys, accountants, health care practitioners, architects,
engineers, surveyors, consultants, sales representatives, real estate
brokers, and financial planners. "Office" also includes business offices
that support or manage manufacturing, retailing, construction, and
warehousing, as well as research laboratories and other facilities
in which research activities are conducted.
The newspaper or newspapers designated by the Town for the
publication of official notices of meetings and public hearings.
See "floodplain."
An area of land not developed with structures. (Permanent open space is defined and discussed in § 121-20.)
A type of development that gives landowners a variety of development options and results in the permanent preservation of open space land. Open space development includes the following options which are described in § 121-19: conservation subdivision, transfer of development rights, limited development subdivision, and flag lots.
Land used for the keeping of goods, wares, equipment, or
supplies outside of a structure.
A type of zoning district or zone that supplements the zoning
regulations of the underlying land use district or districts to provide
additional protection of important environmental resources and/or
to permit certain types of economically productive uses that would
not otherwise be allowed in a particular land use district. Overlay
districts may overlap different land use districts, but they do not
change the use and dimensional requirements of the underlying land
use districts unless specifically so stated in this chapter.
Oil or petroleum of any kind and in any form including, but
not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse,
oil mixed with other wastes and crude oils, gasoline and kerosene.
A map or plan submitted to the Planning Board as part of
an application for subdivision approval (see Subdivision Law).[5]
A map or plan showing the boundaries of a parcel and all
structures and important physical features on it, drawn to scale with
accurate dimensions, and submitted with an application for a minor
project special permit or a variance.
A lot, together with all the structures and uses thereon.
See "building, principal."
A privately owned road held in common ownership or easement
by a homeowners' association.
Any land or structure that is open to the general public,
such as a public road, park, public school, recreation area, conservation
area, or place of public accommodation such as a restaurant or hotel,
excluding private retail and service businesses, offices, and other
private property which is open to the public.
An installation used by a public agency or franchised public
utility to supply or transmit electric, gas, water, cable television,
telephone, or other utility service, excluding electric power plants
and gas wells. Included are such facilities as electric substations,
high-voltage transmission lines, pump stations, water supply wells,
water towers, and telephone substations. Utility distribution facilities
serving customers directly are considered customary accessory uses,
not public utility facilities.
Ionizing radiation, that is, any alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave, or visible, infrared, or ultraviolet light.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials whose receipt, possession, use and transfer are exempt from
licensing and regulatory control pursuant to regulations of the New
York State Department of Labor or United States Nuclear Regulatory
Commission.
See "lot, rear."
A business which, for compensation, offers recreational services,
including but not limited to fishing preserves, golf courses and driving
ranges, miniature golf, movie theaters, and other places of public
or private entertainment. A recreational business may provide up to
four sites for camping or other transient overnight occupancy in connection
with the recreational use.
A church, synagogue, mosque, temple or other place of religious
worship, as well as a monastery or other place of religious retreat.
Any building used as a group residence or extended care facility
for the care of persons, including assisted living facilities and
nursing homes, where compensation and/or reimbursement of costs is
paid to an operator, pursuant to state or federal standards, licensing
requirements, or programs funding residential care services.
The Suburban Residential, Hamlet Residential, Rural Residential,
and Rural Agricultural Districts.
See "dwelling unit."
A use of land and structures in which people live and sleep
overnight on a regular basis.
An establishment where prepared food is sold for consumption
on the premises or as takeout, including a bar or pub or other establishment
that sells food and alcoholic beverages for on-premises consumption.
An establishment selling goods to the general public for
personal and household consumption, including but not limited to an
appliance store, bakery, delicatessen, drugstore, florist, grocer,
hardware store, liquor store, newsstand, shoe store, stationery store,
convenience store, and variety store.
The board that grants a special permit, site plan, variance,
subdivision approval, or zoning amendment, or the Code Enforcement
Official reviewing a building permit or zoning permit application.
Any establishment where more than four horses are kept for
riding, driving, horseback riding lessons, or stabling for compensation,
or incidental to the operation of any club, association, resort, riding
school, ranch, or similar establishment. A riding academy operated
in conjunction with a farm operation shall be deemed to be an agricultural
accessory use.
The distance along a street line measured at the front of
a lot.
A public or private way for pedestrian and vehicular traffic,
including avenue, lane, highway, or other way, excluding a driveway
or common driveway.
The location of structures in such a manner that they are
not visible (as defined herein) from a public road or any other public
place during the summer months, and no more than partially visible
in winter. Objects or structures may be screened by topography, vegetation,
or other structures not required to be screened.
A business or nonprofit organization that provides services
to the public, either on or off the premises, including but not limited
to building, electrical, plumbing, and landscape contracting, arts
instruction or studio, automobile service station, vehicle repair,
business and educational services, catering, health club, housecleaning
services, locksmith, photocopying, repair and restoration services,
tailoring, typing, and word processing. "Service business" does not
include retail business, restaurants, warehouses, offices, or other
uses separately listed in the Use Table.[6] A convenience store that sells gasoline and auto supplies
but does not repair or service vehicles shall be considered a retail
business.
A local road running generally parallel to a through road,
providing vehicular access points for individual lots, constructed
to reduce the number of access points on the through road.
The distance in feet between a structure and a property line,
the center line of a road, or an identified natural feature such as
a watercourse.
Any billboard, signboard, inscription, pennant, or other
material, structure, exterior painting, or device composed of lettered
or pictorial material that is intended for outdoor viewing by the
general public (including inside a window) and used as an advertisement,
announcement, direction, or for identification.
The total area on each side of a sign within which all written
and graphic material is contained.
A sign advertising a product, use, service, or activity sold
or conducted for private financial gain.
A sign and sign support structure not attached to or part
of a building.
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint, or tape.
A sign located within the exterior walls of a building which
is readily readable from outside the building through a window, door,
or other opening.
An illuminated sign that is made of translucent material
with internal artificial lighting.
Any sign which extends from the exterior of any building
more than nine inches.
See "dwelling, single-family."
Use of land for the purpose of extracting and selling stone,
sand, gravel, or other minerals, as defined in § 23-2705
of the Environmental Conservation Law, not including the process of
preparing land for construction of a structure for which a zoning
permit has been issued.
All putrescent and nonputrescent materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including
but not limited to garbage, refuse, industrial and commercial waste,
sludge from air or water control facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris, discarded automobiles and offal but not including sewage and
other highly diluted water-carried materials or substances and those
in gaseous form, and being those wastes defined as solid waste in
6 NYCRR Part 360-1.2. Any solid waste which receives a beneficial
use determination (BUD) from the NYSDEC is still considered a solid
waste for the purposes of these regulations.
Any facility employed to manage or process solid waste beyond
the initial waste collection process, including, but not limited to,
transfer stations, bailing facilities, rail haul or barge haul facilities,
processing systems, including resource recovery facilities or other
facilities for reducing solid waste volume, sanitary landfills, facilities
for the disposal of construction and demolition debris, plants and
facilities for compacting, composting or pyrolysis of solid wastes,
incinerators and other solid waste disposal, reduction or conversion
facilities, as defined in 6 NYCRR Part 360-1.2.
The layout of a commercial use or uses in separated structures
more than 50 feet apart along a highway, with parking, gasoline pumps,
or other drive-up facilities located between the highway and the commercial
building(s), where such parking or drive-ups are visible from the
road.
A static construction of building materials affixed to the
ground, such as a building, dam, display stand, gasoline pump, installed
mobile home or trailer, reviewing stand, shed, sign, stadium, storage
bin, or wall.
A structure which complies with the requirements of this chapter and is of sufficient height to be used as a telecommunications tower. Such structures include, but are not limited to, water towers, multistory buildings, church steeples and farm silos. (See § 121-46C.)
Any commercial structures, buildings, sheds, huts, equipment
enclosures, emergency generators, generator buildings and other such
structures used in support of or as an ancillary use to a telecommunications
tower.
Any structure owned or operated for commercial purposes which
is capable of receiving and/or transmitting signals for the purpose
of communication.
See "Zoning Law."
The cutting, removal, or harvesting of timber or trees for
the purpose of selling or milling such timber or trees, excluding
the cutting of trees for the personal use of the landowner.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
See "dwelling, two-family."
The purpose for which any premises may be arranged, designed,
intended, maintained, or occupied, or any occupation, activity, or
operation conducted or intended to be conducted on a premises.
A use which is customarily incidental to and subordinate
to the principal use of a lot or structure, located on the same lot
as the principal use or structure.
See "change of use."
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special permit.
Able to be seen by a person of average height and with normal
vision on a clear day.
A structure or structures in which materials, goods, or equipment
are stored, including mini-storage and self-storage facilities.
Any stream, pond, lake, drainage channel, or other area of
land that is normally or seasonally filled with water. Road ditches
and shallow land depressions generally referred to as "grassed waterways,"
"swales," etc., that carry water only immediately (a few to several
hours) after a runoff-producing event are not considered a watercourse.
An area of land greater than 10,000 square feet that is characterized by hydrophytic vegetation, saturated soils, or periodic inundation which is classified as a wetland by either the New York State Department of Environmental Conservation or the U.S. Army Corps of Engineers, or which would be so classified if it met size thresholds established by these agencies. See § 121-35.
A mechanized system which converts wind energy into electrical
or mechanical power.
Single-family, two-family, or multifamily housing that is owned or rented by an eligible household, as defined in § 121-42, and priced to be affordable to moderate-income households whose members live and/or work in the Town of Amenia and who cannot otherwise afford market rate housing. See § 121-42.
An open space on the same lot with a structure.
An open space extending across the full width of the lot
between the front of the principal building and the street line.
An open space extending across the full width of the lot
between the rear lot line and the wall of the principal building nearest
the rear lot line.
That portion of any yard required to satisfy minimum setbacks.
No part of such yard can be included as part of a yard required for
structures on another lot.
An open space between a principal building and side line
of the lot and extending from the front yard to the rear yard.
The officially adopted Zoning Law of the Town of Amenia,
together with any and all amendments thereto.
A permit issued by the Code Enforcement Official which is required for uses allowed by right that do not involve construction that requires a building permit. See § 121-54.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
[2]
Editor's Note: Chapter 63 is now entitled "Fire Prevention and Building Code Administration and Enforcement."
[3]
Editor's Note: The Dimensional Table is included at the end of this chapter.
[4]
Editor's Note: The Zoning Maps are included at the end of
this chapter; for the FPO District, see the Hydrological Overlay Districts
Zoning Map.
[6]
Editor's Note: The Use Table is included at the end of this chapter.
