Town of Pleasant Valley, NY Definitions

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.

AGRICULTURAL PRODUCTS

Including but not limited to field crops, fruits, vegetables, livestock, livestock products, maple sap products, honey, Christmas trees, and horticultural items such as trees, shrubs, and flowers.

AGRICULTURE

The utilization of land and structures for the production, preservation, nonindustrial processing, storage, and sale of agricultural products, not including agricultural industry or farms primarily for the disposal of offal or garbage. Commercial horse operations, as defined herein, and the raising and breeding of horses are agricultural uses, distinguished from the business use of teaching or training people to ride a horse (see "riding academy"). Preservation, processing and storage are limited to those products produced on the farm where located. See definition for "farm stand" regarding retail sales of agricultural products.

AGRITOURISM

Any activity that is intended to inform visitors about farm operations, products, and/or history and is conducted as an accessory use to the farm use of the site. The activity may allow visitors to participate in farm operations. The term "agritourism" does not include "farm stand."

AIRPORT; HELIPORT

Any privately owned area of land or water which is used or intended for the landing and takeoff of aircraft. Commercial airports/heliports are not permitted in any zoning district. General Business Law § 249 requires the approval of the New York State Commissioner of Transportation.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ANIMAL HUSBANDRY

The keeping, grazing, feeding, and care of animals other than household pets, not in conjunction with a farm operation or kennel. Incidental sale of animals is permitted as an activity under animal husbandry.

APARTMENT BUILDING

A building arranged, intended, or designed to be occupied by three or more families living independently of each other in rental units.

AVERAGE DENSITY

A more flexible method of residential development that allows for a range of lot sizes. The recommended lot size for the zoning applicable to the district is used to calculate the allowed number of lots for a project, but the lot sizes can vary.

[Added 10-12-2011 by L.L. No. 5-2011]

BANK; FINANCIAL INSTITUTION

An establishment in which financial transactions are conducted; may include professionals administering advice related to financial matters; does not include pawn shops or check cashing stores.

BAR or TAVERN or NIGHTCLUB

An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises; may include the regular provision of music, entertainment, and space for dancing.

BASE FLOOD

The flood having a one-percent chance of being equalled or exceeded in any given year.

BASEMENT

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.

BED-AND-BREAKFAST

A single-family 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.

BUFFER AREA

Open ground area of the plat, in addition to any required yards or road widenings around the perimeter of any plot, where required. Parking is not allowed in a buffer area.

BUFFER, WETLAND

Per Chapter 53 of the Town Code, the lands lying within (1) 25 feet of wetlands and water bodies of 1/2 acre to one acre in size; (2) 50 feet of wetlands and water bodies of one acre to two acres in size; (3) 75 feet of wetlands and water bodies of two acres to three acres in size; and (4) 100 feet of wetlands and water bodies of three acres or more in size shall be areas of regulation; also, all lands lying within 100 feet of the normal stream bank of the Wappinger Creek, Little Wappinger Creek, Great Spring Creek, and any other perennial watercourse or tributary to these named streams. A twenty-five-foot-wide natural buffer shall be maintained from the normal stream bank for all activities except for those dependent upon the passive recreational use of the stream or as a source of water for emergency purposes or agriculture in accordance with agricultural best management practices.

BUILDING

Any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure of persons, animals, or property.

BUILDING, ACCESSORY

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 dwellings (which require site plan review and approval by the Planning Board).

BUILDING AREA

The total of areas taken on a horizontal plane at the mean grade level of the principal building and all accessory buildings, exclusive of porches, carports, terraces and steps.

BUILDING, FRONT LINE OF

The line of the face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. When a lot fronts on two or more streets of different levels, the lower street or the average elevation of the lot with regard to the abutting streets may be taken as the base for measuring the height of the building.

BUILDING LOT, APPROVED

A lot which has been approved by the Planning Board as a result of subdivision, resubdivision or site plan approval in compliance with the Pleasant Valley Code; also, a lot limited in use to a single-family dwelling and its accessory structures in full compliance with this chapter.

BUILDING, NONCONFORMING

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.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

BULK REGULATIONS

Standards that control the height, density, and location of a structure on a lot.[2]

BUSINESS, DRIVE-THROUGH

An establishment or portion thereof which encourages and permits customers to receive services and obtain goods and/or foods while remaining in their motor vehicles.

BUSINESS, GENERAL

An establishment primarily engaged in selling goods and/or services to the general public. This includes establishments such as movie theaters, banks, financial institutions, and health and fitness clubs.

BUSINESS, RECREATIONAL

A business which, for compensation, offers recreational services, including but not limited to country clubs, batting cages, marinas, boatyards, public stables, miniature golf, golf courses, driving ranges, and non-membership shooting ranges.

CALIPER

The diameter of a tree as measured at a point six inches above the ground level, up to and including four-inch caliper size, and 12 inches above the ground level for larger sizes.

CAMP

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 referred to 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.

CANOPY

A freestanding or projecting structure above an outdoor service area such as at a motor vehicle fueling facility; or, a rooflike cover made of a rigid material (metal, plastic, etc.) that projects from the wall of a building over a door, entrance, or window.

CELLAR

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

CEMETERY

Land and buildings, whether privately used or publicly owned or operated, intended to be used for the disposal or burial of deceased or dead human beings or pets, by cremation or in a grave, mausoleum, vault or other receptacle and dedicated for burial purposes.

CENTER LINE, STREET OR ROAD

A line midway between and parallel to the two street lines at the edge of the street's right-of-way, or as otherwise defined by the Planning Board.

CHARITABLE ORGANIZATION

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.

CLEAR-CUTTING

Any cutting of all or substantially all trees over six inches in diameter at breast height (dbh) over more than 2,000 square feet of land area, except for clearing for one single-family dwelling.

CLUB, NOT-FOR-PROFIT MEMBERSHIP

An organization catering exclusively to members and their guests, including premises and buildings for recreational, social, patriotic, political, benevolent, fraternal, athletic, or similar purposes, which are not conducted primarily for gain. This includes shooting preserves licensed pursuant to Environmental Conservation Law § 11-1903 that are organized as membership clubs.

CLUSTER SUBDIVISION

A residential subdivision where the dwelling units, the number that would result on a given parcel under a conventional subdivision plan, are allowed to be concentrated on a smaller and more compact portion of land and where a majority of the remaining land is left in its natural condition (open or forested) in perpetuity.

COMMON DRIVEWAY

A driveway serving no more than four lots, owned in common or created by reciprocal easements.

CONDOMINIUM

A system of ownership of dwelling units, established pursuant to the Condominium Act of the State of New York,[3] in which the dwelling units are individually owned but where all such owners have an indivisible interest in the common areas.

CONFORMING LOT

A lot that either:

[Added 10-12-2011 by L.L. No. 5-2011]

(1)

Is equal to or greater in area than the recommended lot size (or minimum lot size for commercial uses) for the zoning district in which the lot is located; or

(2)

May be smaller in area than the recommended lot size for the zoning district in which the lot is located but was created pursuant to the net average density requirements of this Zoning Code, such that the smaller acreage of such lot has been offset by a lot of greater acreage which is restricted against further subdivision in order to meet the net average density requirements for the zoning district in which the lots are located.

CONSERVATION DEVELOPMENT

A type of development that gives landowners a variety of development options and results in the permanent preservation of green spaces. Conservation development includes the following options as described in § 98-24, Conservation subdivisions, and § 98-51, Transfer of development rights; purchase of development rights; density management.

COVERAGE

See "lot coverage."

DAY-CARE CENTER

Any facility operated for the purpose of providing daytime care or instruction to seven or more individuals during only part of a twenty-four-hour day, by staff who are properly licensed or certified under the laws of the State of New York. This term includes nursery schools, preschools, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four-hour period.

DAY-CARE HOME

Care for up to six individuals in a private home for fewer than 24 hours per day, said individuals in addition to those in the family unit, by someone who is properly licensed or certified under the laws of the State of New York.

DECK or PORCH

An outdoor platform or structure attached to the principal structure of a building, having at least a floor, and built at or above the natural grade. A deck or porch may or may not have a roof and may or may not be partially enclosed.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations.

DIAMETER AT BREAST HEIGHT (DBH)

The tree trunk diameter (in inches) measured at a height of 4 1/2 feet above the ground on the uphill side of the tree.

DRIVEWAY

A private way providing vehicular access from a public or private road to not more than one residence, or to a commercial or noncommercial establishment.

DUMP

A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, compaction and transfer or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DUSTLESS SURFACE

A surface which is adequately covered with screenings, stone, gravel, concrete or bituminous products and adequately treated with oil or a similar dust-inhibiting substance and maintained in good condition at all times, or any other surface specified by the Planning Board upon site plan approval.

DWELLING

A building designed or used exclusively as living quarters for one or more families. The term shall not be deemed to include a motel, hotel, boardinghouse, or tourist accommodations.

DWELLING, ACCESSORY

A dwelling unit occupying the lesser of 650 square feet or 30% of the floor space of an owner-occupied residential structure, but not less than 400 square feet; or a dwelling unit between 400 square feet and 1,000 square feet located in an accessory structure on an owner-occupied property.

[Amended 10-12-2011 by L.L. No. 5-2011]

DWELLING, ESTATE

A dwelling that houses persons employed in the care of the buildings and/or grounds of an estate, but not the owner(s) of the estate, and is located on the property where the principal estate dwelling is located.

DWELLING, FARM WORKER

A dwelling that houses persons employed in agriculture, but not the owner(s) of the land being farmed, and is located on the farm where the principal dwelling is located.

DWELLING, MANUFACTURED HOME

A transportable dwelling unit for one family, 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 pick-up 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 manufactured dwellings.

DWELLING, MUTIFAMILY

A building or portion thereof containing three or more dwelling units, on one plot, but which may have joint services or joint facilities, or both; includes apartment buildings and condominiums, regardless of the form of ownership (fee simple, rental).

[Amended 10-12-2011 by L.L. No. 5-2011]

DWELLING, SINGLE-FAMILY

A building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A building containing two dwelling units.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

EDUCATIONAL INSTITUTION, PRIVATE

Any nonpublic school or other organization or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated by non-stock corporations under the Education Law of New York State.

ELEVATION

The elevation, in feet, above mean sea level.

ESTATE

A residential property of not less than 10 acres with a luxurious residence and auxiliary buildings.

FAMILY

One or more persons occupying the premises and living together as a single housekeeping unit, using rooms and housekeeping facilities in common. A roomer, boarder, lodger, or occupant of supervised group quarters intended to house more than 14 residents shall not be considered a member of a family.

[Amended 10-12-2011 by L.L. No. 5-2011]

FAMILY DAY-CARE HOME

Care for three to six children in a private residence for more than three hours per day (Said children are in addition to those in the family unit.) by someone who is properly licensed or certified under the laws of the State of New York.

[Added 10-12-2011 by L.L. No. 5-2011]

FARM

A parcel or parcels of land used principally in the production of agricultural products with the necessary or usual dwellings, farm structures, storage, and equipment.

FARM OPERATION

As defined in the New York State Agriculture and Markets Law, Article 25-AA. § 301(11), land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a commercial horse boarding operation. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

FARMSTAND

A building, portion of a building, shelter or product display area for the retail sale of agricultural products. At least 50% of the agricultural products sold from the stand shall be limited to those produced on the farm where the stand is located. This may or may not be a permanent structure. A farm stand not exceeding 800 square feet in footprint area for the retail sale of products of the farm is allowable. A larger roadside sales facility is allowable by special use permit only.

FARM WORKER

A hired laborer, whether temporary or permanent, working on a farm and performing agriculturally related tasks.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to Pleasant Valley.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water, or from abnormally high tidal water or rising lake waters resulting from severe storms, hurricanes or tidal waves.

FLOOD PROTECTION ELEVATION

The one-hundred-year flood elevation.

FLOODPLAIN AREA HAVING SPECIAL FLOOD HAZARDS

That maximum area of the floodplain which, on the average, is likely to be flooded once every 100 years (i.e., which has a one-percent chance of being flooded each year).

FLOODPLAIN

As defined by the Federal Emergency Management Agency (FEMA), any land area susceptible to being inundated by floodwaters from any source.

FLOODPLAIN MANAGEMENT

As defined by the Federal Emergency Management Agency (FEMA), the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and land use and control measures.

FLOODPROOFING

As defined by the Federal Emergency Management Agency (FEMA), any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, or structures with their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOR AREA, GROSS

The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

FLOOR AREA, LIVABLE

All spaces within the exterior walls of a dwelling unit, exclusive of garages, cellars, heater rooms, basement rooms having a window area of less than 20% of the square foot area of the room, unheated porches and breezeways. Included are all spaces not otherwise excluded, such as principal rooms, utility rooms, bathrooms, and all closets and hallways opening directly into or appurtenant to any rooms within the dwelling unit, and all attic spaces having a clear height of six feet from the finished floor level to the pitch of the roof rafter, with a clear height of seven feet six inches from the finished floor level to the ceiling over 50% of the area of such attic space.

FLOOR AREA RATIO

The quotient derived from the gross floor area of a building divided by its lot area.

FORESTRY

Use, management, or logging of a forest, woodland, or tree plantation, when conducted for the purpose of selling cut wood. Logging conducted solely for the private use of the property owner or tenant is not considered "forestry." Any harvesting of timber must conform to best management practices as outlined by New York State.

GARAGE, PRIVATE

A structure which is accessory to a residential building and which is used for the parking and storage of noncommercial vehicles owned and operated by the residents thereof; provided, however, that space therein may be used for not more than one commercial vehicle.

GARAGE SALE (also "BARN, LAWN, YARD, OR TAG SALE")

The temporary use of otherwise noncommercial premises for the purpose of offering for sale items originally accumulated for personal use rather than for the purpose of sale. In this instance, "temporary use" means the daylight hours and no more than three sales per year for a maximum of three days per sale. A garage sale permit is required for each sale.

GAS STATION

See "motor vehicle fueling facility."

GRADE, FINISHED

The final elevation of the ground level after the completion of development, excavation, or filling.

GRADE, NATURAL

The elevation of the ground level in its natural state, prior to development, excavation, or filling.

GREEN SPACES

Lands in agricultural use and/or undeveloped lands such as forests, wetlands, open fields, or meadows, which together can form continuous blocks or corridors of land available for biodiversity, groundwater recharge, carbon absorption, and other important ecological functions. Recreation parks are also considered green spaces.

GROUP FAMILY DAY-CARE HOME

Care for seven to 12 children of all ages in a private home for more than three hours per day (Said individuals are in addition to those in the family unit.) by someone who is properly licensed or certified under the laws of the State of New York.

[Added 10-12-2011 by L.L. No. 5-2011]

GROUP HOME

A residential facility for persons with special needs, as defined by state and federal laws. In addition to food and shelter, the home is intended to provide such individuals some combination of health care, personal care, counseling services, transportation, and protective supervision in a home setting.

HOME OCCUPATION

A business/occupation, operated out of a dwelling or accessory structure, that clearly functions as an accessory use to the residential use, and that is used as a workplace by at least one owner-occupier of the residence and not more than one additional employee.

HORSE OPERATION

Any establishment where four or more horses are leased and/or stabled for riding, driving, horseback riding lessons, or stabled for compensation, or incidental to the operation of any club, association, ranch, resort, or similar establishment. A horse operation operated in conjunction with a farm operation shall be deemed to be an agricultural accessory use. Minimum acreage and other requirements for the keeping of a horse, as listed in § 98-19, Animal husbandry, shall also apply to horse operations. See also "stable, private."

HOSPITAL

An institution providing health services primarily for human inpatient or medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are integral parts of the facilities. Rest homes, nursing homes, convalescent home, clinics, and other similar facilities are not included.

JUNKYARD

A lot, site, structure, or part thereof having an area of 100 square feet or more that is used for the collection, storage, and/or sale of junk such as wastepaper, rags, scrap metal, or other discarded material. Also, a lot, site, structure, or part thereof having an area of 100 square feet or more that is used for the collection, dismantling, storage, and salvaging of machinery or vehicles for the sale of parts thereof. "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.).

KENNEL

A use of land and structures where the purchase, sale, care, breeding, or boarding of dogs, cats, or other household pets is conducted on a commercial basis.

LAUNDROMAT

A business premises equipped with individual clothes-washing and drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment building or lodging facility.

LIBRARY

A building in which literary and artistic materials, such as books, periodicals, newspapers, pamphlets, prints, records, tapes, and other electronic media, are kept for reading, reference, and lending.

LIGHT INDUSTRY

An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing, and which results in little or no impact on the natural environment.

LIVESTOCK

Animals raised and/or housed on a farm, including but not limited to cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, and wool-bearing animals.

LODGING FACILITY

Any hotel, motel, inn, or other establishment, other than a bed-and-breakfast, providing sleeping accommodations for transient guests, with or without a dining room or restaurant.

LOT

An area of land with definite boundaries, all parts of which are owned by the same person(s) or entity(ies), 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 Chapter 98, Zoning, of the Town of Pleasant Valley Town Code.

LOT AREA

The total area within the property lines, excluding external streets. The property line adjacent to the street for the purpose of this chapter shall be deemed to be not less than 25 feet from the center line of a minor road, nor less than 30 feet from the center line of a collector road, nor less than 40 feet from the center line of a major road, nor less than 60 feet from the center line of an arterial highway.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets or roads, when the interior angle of the intersection does not exceed 135°.

LOT COVERAGE

That percentage of the lot covered by building footprints, paved areas, and any other impervious surfaces.

LOT, DEPTH OF

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

The property lines that bound a lot as defined herein.

LOT, THROUGH

A lot which faces on two streets at opposite ends of the lot, which is not a corner lot.

LOT, WIDTH OF

The distance measured at the required minimum front yard setback along a line at right angles to the depth of lot line and parallel to the street right-of-way (ROW) line.

MANUFACTURED HOME PARK

Any court, park, place, lot, or parcel upon which two or more manufactured home dwellings, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.

MANUFACTURED HOME PARK PLAT

The final drawing on which the manufacture home park plan is presented to the Zoning Board of Appeals for approval.

MANUFACTURED HOME SITE

A plot of ground within a manufactured home park designed for the accommodation of one manufactured home dwelling.

MAP, FILED

Any map or plat filed in the County Clerk's office of Dutchess County.

MAP, OFFICIAL

A map adopted by the Town Board pursuant to the provisions of § 270 of the Town Law and which may be or may have been revised according to the provisions of § 273 of the Town Law, which shows streets, highways, parks, and other features, including drainage systems.

MINING (including "SOIL MINING")

The extraction of overburden and minerals, other than stone, from the earth; the preparation and processing of such minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, stockpiling or other processing of such minerals at the mine location so as to make them suitable for commercial, industrial or construction use, exclusive of manufacturing processes at the mine location, the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects or excavations in aid of agricultural activities. In addition, the removal of fewer than 750 cubic yards or 1,000 tons, whichever is less, of minerals from the earth within any 12 consecutive months shall not be considered "mining."

MIXED USE

Any combination of residential and nonresidential uses, typically residential and commercial/office, on the same lot or in the same building.

MODULAR HOUSING

Two or more prefinished units, built at a plant or factory and transported to a building site and there assembled, united, and installed on a permanent foundation, comprising one or more dwelling units.

MOTOR VEHICLE FUELING FACILITY

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories.

MOTOR VEHICLE REPAIR SHOP

A building or portion of a building used for making repairs to motor vehicles, their mechanical systems, and their body structure, including painting; includes the incidental, temporary storage of motor vehicles undergoing repair.

MOTOR VEHICLE SALES

A building and/or area used for the rental, lease, sale, and/or resale of motor vehicles, new or used.

MOTOR VEHICLE WASH FACILITY

A building and/or area used for the washing, spraying, waxing, polishing and/or drying of motor vehicles and/or the vacuuming or dry cleaning of same.

MOVIE THEATER

A building or part thereof devoted to the showing of motion pictures on a paid-admission basis.

NET DENSITY

The base number of allowable residential units on a site after the unconstrained land [see § 82-22A(1)] has been determined and then divided by the allowable number of units per acre as determined by the recommended lot size for the zoning district.

[Added 10-12-2011 by L.L. No. 5-2011]

NONCONFORMING BUILDING

See "building, nonconforming."

NONCONFORMING USE

See "use, nonconforming."

NURSING HOME

An establishment where persons are housed and provided with meals, household services, and professional nursing care in a group setting. The term "nursing home" includes assisted-living facilities, hospices, convalescent homes, rest homes, and other similar facilities where people are both housed and cared for.

OFFICE

A business, professional, or nonprofit workplace, 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. Light industrial processes, retail sales, construction, and warehousing do not occur on the premises. Also includes research laboratories and other facilities in which research activities are conducted.

OPEN SPACE

See "green spaces."

OVERLAY DISTRICT

A district, with supplementary regulations, which is superimposed upon existing use districts. Such districts are mapped and on file with the Town Clerk.

PARKING SPACE

The area required for parking one automobile, which in this chapter is held to be an area as prescribed in § 98-42.

PLAT

A map or plan submitted to the Planning Board as part of an application for subdivision approval. (See Chapter 82, Subdivision of Land.)

PORCH

See "deck or porch."

PORCH, ENCLOSED

A structure attached to a building with a floor, roof, and structural supports, and enclosed on at least two sides (or any portion of two sides) with either walls, glass, or other solid materials. A porch does not need to be heated or insulated to be considered "enclosed." Screens shall not be considered a solid material.

PRIVATE ROAD

A privately owned road held in common ownership by a homeowners' association governing four or more residences.

PUBLIC UTILITY FACILITY

An installation used by a public agency or a specially franchised public utility to supply or transmit electric, gas, water, sewage disposal, cable television, telephone service, or other utility service, excluding electric power plants and gas wells. Included are such facilities as 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.

QUARRY; SAND PIT; GRAVEL PIT; TOPSOIL STRIPPING

The extraction of any type of stone from the earth and the preparation, washing, cleaning, crushing, stockpiling and other processing of stone at the location so as to make it suitable for commercial, industrial or construction use.

RECOMMENDED LOT SIZE

The minimum lot acreage that is used to calculate the average density for a zoning district. A lot within a subdivision may be smaller than the recommended lot size for the zoning district only if the reduced acreage of the smaller lot is offset by increased acreage of another lot or lots within the subdivision, such that the combined acreage divided by the number of lots equals or exceeds the recommended lot size. Such larger lots shall be permanently restricted by deed and subdivision plat from further subdivision.

[Added 10-12-2011 by L.L. No. 5-2011]

RECREATIONAL VEHICLE

A vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation, and vacation, having a body length not exceeding 40 feet, and including motor homes and camping trailers.

RELIGIOUS INSTITUTION

A church, synagogue, mosque, temple, or other place of religious worship, as well as a monastery or other place of religious retreat.

RESTAURANT

An establishment where food and drink are prepared, served, and consumed by customers on the premises.

RESTAURANT, FAST-FOOD

An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises.

ROOF

The cover of any buildings, including the eaves and similar projections.

ROOFLINE

The highest point of a roof or building parapet, excluding any cupola, chimney, or other minor projection.

SETBACK

The required minimum distance from a property line; refer to the Schedule of Area and Bulk Requirements for specific setback requirements.[4]

SHED

A temporary or permanent structure for accessory storage. The term "shed" does not include a shipping container, truck body, or any type of vehicle.

STABLE, PRIVATE

An accessory structure in which horses are kept for private use and not for hire or remuneration.

STORAGE, BULK

The accumulation of wholesale quantities of raw or finished materials (solids, liquids, or gases) preparatory to use in a manufacturing process or to retail sales, a permanent reserve being maintained. Junk and scrap materials do not qualify as "bulk storage."

STORAGE, OUTDOOR

Land used for the keeping of materials or equipment outside any building or structure. The term "outdoor storage" does not include "junkyards." Land used for temporary storage of construction materials or equipment, as an accessory use to a construction project, is not to be considered outdoor storage.

STORAGE, SELF-SERVICE

A building consisting of individual, private, self-contained storage units that are leased to individual parties.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the space between any floor and the ceiling next above it.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

STORY, HEIGHT OF

The vertical distance from the top surface of the floor to the top surface of the floor next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.

STREET

A strip of land, including the entire right-of-way, publicly or privately owned, serving primarily as a means of vehicular, pedestrian, and bicycle travel, and furnishing access to abutting properties, which may also be used to provide space for sewers, public utilities, shade trees, sidewalks, and streetscape amenities.

STREET LINE

The dividing line between the street and the lot, as indicated by dedication, deed, or record.

STRUCTURE

Anything constructed or erected, the use of which requires location on, in, or under the ground or attachment to something having location on the ground. Any impervious surfaces are considered a structure and require a no-fee building permit.

STRUCTURE, ACCESSORY

A structure either attached or 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 dwellings (which require site plan review and approval by the Planning Board).

STRUCTURE, NONCONFORMING

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.

STRUCTURE, PRINCIPAL

A structure in which is conducted the main or principal use of the lot on which said structure is situated.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure or exceeds 50% of the original floor area, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state Inventory of Historic Places.

THEATER, PERFORMING ARTS

A building or part thereof devoted to the showing of live theatrical, musical, dance, or other performances.

TOWNHOUSE

A building on its own separate lot containing one dwelling unit that occupies space from the ground to the roof, and is attached to one or more other townhouse dwelling units by at least one common wall.

TRAILER, OFFICE

A vehicular, portable structure built on a chassis designed for temporary facility for such uses as banking, on-site construction supervision, and other office or clerical uses. For on-site construction supervision, the office trailer shall be removed from the premises when such construction is completed.

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, ACCESSORY

A use customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building.

USE, NONCONFORMING

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 to 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 nonconforming use until such time as a special permit is granted for it.

USE, PRINCIPAL

The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied, or maintained under this chapter.

USE, SPECIAL

A use that meets the intent and purpose of the zoning district but which requires the review and approval of the Planning Board in order to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities that may be generated by the use can be, and are, mitigated.

VARIANCE

A grant of relief from the requirements of this chapter which permits construction and/or use of land in a manner that would otherwise be prohibited by this chapter.

VERNAL POOLS

Seasonal bodies of water that attain maximum depths in spring or fall, and lack permanent surface water connections with other wetlands or water bodies. Vernal pools do not support fish populations, but allow for a community of a diverse group of invertebrates and amphibians that depend upon temporary pools as breeding ponds. A vernal pool in a woodland setting is referred to as an "intermittent woodland pool."

VETERINARY CLINIC

An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, and excluding the treatment or other care of humans.

(1)

SMALL ANIMALIncludes household pets such as a dog, cat, rabbit, or hamster.

(2)

LARGE ANIMALIncludes animals such as a horse, cow, llama, mule, pony or hog.

WAREHOUSE

A building or part thereof used for the storage of commercial goods, wares, or merchandise, whether for the owner or for others, and whether it is a public or private warehouse.

WATER BODY

Any area that in a normal year has water flowing or standing above ground to the extent that evidence of an ordinary high water mark is established. Wetlands contiguous to the water body are considered part of the water body.

WATERCOURSE

Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WAY

A street, alley, or other thoroughfare or easement permanently established for passage of persons or vehicles.

WETLANDS

Wetlands (swamps, marshes, bogs, and similar areas) are areas saturated by surface water or groundwater sufficient to support distinctive vegetation adapted for life in saturated soil conditions. Wetlands serve as natural habitat for many species of plants and animals and absorb the forces of flood and tidal erosion to prevent loss of upland soil. Protection of wetlands is defined by the rules, regulations, and policies of the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, and/or the Town of Pleasant Valley.[5]

WILDLIFE PROFESSIONAL

A person who meets the education and experience requirements of a certified wildlife biologist as defined by a professional organization that certifies wildlife professionals.

YARD, FRONT

An unoccupied space on the same lot with a building, between the front line of the building and the front line of the lot and extending the full width of the lot. For the purpose of determining the minimum front yard depth required by this chapter, the front line of the lot shall be taken as the street right-of-way line adjacent to the lot, provided that the front line of the lot shall be deemed to be not less than 25 feet from the center line of a minor road, nor less than 30 feet from the center line of a collector road, nor less than 40 feet from the center line of an arterial highway.

YARD, REAR

An open, unoccupied space on the same lot with a building or structure, between the rear line of the building or structure and the rear line of the lot and extending the full width of the lot.

YARD, REQUIRED

The minimum setback measured from a front, side, or rear property line.

YARD, SIDE

An open, unoccupied space on the same lot with a building or structure, situated between the building or structure and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

[2]

Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.

[3]

Editor's Note: See Real Property Law Article 9-B, § 339-d et seq.

[4]

Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.

[5]

Editor's Note: See Ch. 53, Wetland, Water Body and Watercourse Protection.