As used throughout this chapter, the following terms shall have
the meanings indicated:
ACCESSORY STRUCTURE
A structure or building, the use of which is customarily incidental and subordinate to that of the principal structure or building and which is attached thereto or is located on the same lot or premises. Except for an accessory dwelling unit, guest cottage or ECHO (elder cottage housing opportunity) unit approved under Articles
VI and/or
VII of this chapter, accessory structures are not for the purpose of human habitation and may include such structures or buildings as garages, swimming pools, spas, whirlpools or hot tubs, tennis courts, garden or tool sheds, barns, studios, greenhouses, and play structures, such elements as generators for nonemergency use, satellite dish antennas, and solar and wind energy systems.
[Amended 7-25-2016 by L.L. No. 5-2016; 5-22-2017 by L.L. No. 2-2017; 3-12-2018 by L.L. No. 2-2018; 11-9-2020 by L.L. No. 3-2020]
ACCESSORY USE
A use, occupancy or tenancy which is clearly and customarily
incidental and subordinate to the principal use, occupancy, or tenancy,
and located on the same lot or premises. Except for uses accessory
to a dwelling unit, any use which is accessory to a special permit
use shall also require a special use permit. Any use which is accessory
to a permitted use shall be considered a permitted use.
ACTIVE SENIOR HOUSING
A residential development which is developed and meets the requirements of Article
VI, §
125-68KK, of this chapter, owned by a public agency or private sponsor in which rental dwelling units or dwelling units for purchase are exclusively provided for elderly persons, aged 62 or older, and other members of the households which they head.
ADDITION
Extension or increase in area or height of a building.
AGRICULTURE
Any activity connected with the raising of crops, livestock
or production of livestock products, including, but not limited to:
field crops, fruits, vegetables, horticultural specialties; livestock
and livestock products; maple sap; Christmas trees; aquaculture products;
and woody biomass. This shall encompass any activity or use now permitted
by law, engaged in by or on behalf of a farmer in connection with
farming, including, but not limited to: housing for farm workers;
stables and other tourist activities; the collection, transportation,
distribution and storage of animal and poultry waste; storage, transportation
and use of equipment for tillage, planting, harvesting and marketing;
transportation, storage and use of fertilizers and limes, and lawfully
permitted and applied insecticides, herbicides, and fungicides; construction
of farm structures and facilities, including farm wineries and other
on-farm food processing; construction and maintenance of fences and
other enclosures; and the use and/or maintenance of related pastures,
idle or fallow land, woodland, wetland, farm ponds, farm roads and
certain farm buildings and other structures related to the agricultural
practices. Agriculture shall also include value-added processing,
wholesale and retail marketing of the agricultural output of the farm,
including U-pick sales, and related products that contribute to farm
income, including the sale at the owner's farm stand of agricultural
products as long as a major portion of the annual gross sales of the
farm stand have been grown on said farm.
[Amended 7-25-2016 by L.L. No. 5-2016]
ALTERATION
As applied to a building or structure, any change, rearrangement,
enlargement, addition to or diminution of a building or other structure,
whether vertically or horizontally, other than repairs; any modification
in construction, or in building equipment, or the moving of a building
or structure from one location to another.
ALTERNATE CARE HOUSING FACILITY
A facility designed used as a group residence or extended-care
facility, including assisted living facilities and nursing homes,
designed for the care and housing of persons who are unable to live
and work independently at a particular time and which provides for
provision of such person's specific needs and 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.
A.
For purposes of this chapter, an alternate care housing facility
shall include, but not necessarily be limited to, the following specific
types of facilities:
(1)
Community residence: a dwelling providing room, board, and recreation
for the mentally and/or physically disabled under responsible supervision.
(2)
Halfway house: a community residence providing room, board,
recreation and rehabilitative services for the mentally and/or physically
disabled under responsible supervision.
(3)
Supervised living facility: a community residence or group home
providing twenty-four-hour on-site responsible supervision for long-term
residence.
(4)
Supportive living facility: a community residence providing
responsible supervision for residents.
(5)
Family care housing: a dwelling providing room, board and supervision
for patients who are maintained on an inpatient basis by a state-operated
psychiatric facility.
(6)
Housing for the disabled: for those persons who are unable to
function in society without assistance and/or supervision because
of their physical, mental or emotional deficiencies.
(7)
Nursing home: a premises on which is provided lodging, meals
and continuing nursing care for compensation to convalescent or chronically
ill persons. The term "nursing home" shall include a convalescent
home and a rest home.
(8)
Assisted living facility: a residential care facility providing
residential units accompanied by services for housekeeping, personal
care, health care, recreation and food.
B.
An alternate care housing facility, for purposes of this chapter,
shall not include a community residential facility for the disabled,
as that term is defined in § 41.34 of the New York State
Mental Hygiene Law.
ANIMAL HUSBANDRY
The keeping, grazing, feeding and care of animals other than
household pets or more than two saddle horses or ponies for 4H Club
activities. However, the term "animal husbandry" shall not be construed
to include the activities of fur farms, pig farms, cage-type poultry
houses or any type of concentrated animal feeding operation (CAFO).
APARTMENT
A dwelling unit contained within a two-family or multifamily
dwelling.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a use of land or structure pursuant to this chapter.
AQUIFER
A geologic unit of stratified drift capable of yielding usable
amounts of water.
AQUIFER PROTECTION AREA
The areas identified as such on the Water Resources Protection
Overlay (WR-O) District Map based on surveys, analysis and research
to accurately delineate the location of an aquifer.
AREA AND BULK REGULATIONS
The combination of controls set forth within Article
IV which, in combination with supplemental regulations set forth within Article
V and special permit standards set forth within Article
VI, establish the minimum area of a lot, the minimum extent of yards and open space areas and the maximum dimension of buildings and other improvements and their location on such lot. This term may also be referred to as "bulk regulations."
[Amended 7-25-2016 by L.L. No. 5-2016]
ATM BANKING MACHINE
An automated teller machine (ATM) is a computerized telecommunications
device that provides the customers of a financial institution with
access to financial transactions in a public space. An ATM includes
a personal teller machine (PTM).
AUTOMOBILE BODY SHOP
Any area of land, including structures thereon, that is used
for: the painting of motor vehicles; the rebuilding or reconditioning
of motor vehicles, including collision services including frame and
fender straightening and repair; or the dismantling or disassembly
of frames or exterior parts.
BAKE SHOP
A retail establishment producing and selling breads, pies,
cakes, cookies and other baked goods and which establishment may provide
a maximum of eight seats at tables or a counter for the on-premises
consumption of baked goods and related beverages such as coffee, tea,
milk or fruit juices. The term "bake shop" shall not include a formula
food establishment as defined herein.
BASEMENT
That space of a building which is partly below grade, which
has more than 1/2 of its height, measured from floor to ceiling, above
the average finished grade of the ground adjoining the building.
BED-AND-BREAKFAST ESTABLISHMENT
A private owner-occupied dwelling in which at least one room
and not more than five rooms are offered for rent for transient occupancy,
in which overnight lodging and breakfast are offered to such occupant(s),
and on which no public restaurant is maintained.
BEDROOM
The portion of a residential dwelling unit designed to be
suitable for sleeping purposes, which may contain closets, may have
access to a bathroom, and meets Uniform Building Code requirements
for room size, light and ventilation. At the discretion of the Planning
Board, where the Board has determined that a den, library, study,
loft or room designated on building plan submittals has been determined
to be habitable, it shall be considered a bedroom for the purposes
of this chapter. For the purpose of establishing and/or regulating
density of a dwelling unit in this chapter, a bedroom shall be defined
as providing sleeping facilities for no more than two individuals.
[Added 3-22-2021 by L.L. No. 1-2021]
BEGINNING OF CONSTRUCTION
The incorporation of both labor and materials within the
footings or foundation of a building or group of buildings subsequent
to the issuance of a building permit in full conformance with this
chapter.
BERM
A mound of earth with sloping sides that is located between
areas of approximately the same elevation and typically intended for
one or a combination of the following functions: creating a noise
barrier; separating areas of conflicting uses; screening undesirable
views; creating a private area; directing drainage; providing wind
protection; or enhancing a landscape design.
[Added 7-25-2016 by L.L.
No. 5-2016]
BIODIVERSITY
Biodiversity describes the variety of life and its processes.
The term refers to all the variation in nature, including ecosystems,
biological communities, species and their genes. It also refers to
the interactions of organisms with each other, and with the nonbiological
components of their environments such as soil, water, air and sunlight.
Habitats with a high species richness (i.e., number of species) and
habitats with low species richness may be equally important to overall
biodiversity.
BIOMASS
Plant matter grown for use as biofuel, but it also includes
plant or animal matter used for production of fibres, chemicals or
heat. It excludes organic material which has been transformed by geological
processes into substances such as coal or petroleum.
BONA FIDE WORK OF ART
An original object of an established art form possessing
positive aesthetic qualities and created by the artist upon application
of his or her skills and with the intent of both expressing human
emotion or exhibiting an individual point of view and producing a
work of art; the term "bona fide work of art" shall not be construed
to include any object produced for prior, present or future utilitarian
purpose.
[Added 7-25-2016 by L.L.
No. 5-2016]
BUFFER
A strip of land established and suitably developed with fencing
and/or berms or natural vegetation to visually separate one use from
another and to shield or block noise, light or other nuisances. The
term "buffer" or "screen" also applies, when used throughout this
chapter, to the act of establishing and maintaining a buffer as defined
herein. Buffers may also apply to protected wetland areas. See the
Town of Rhinebeck Freshwater Wetlands Law for the definition of "associated
buffer."
BUILDABLE AREA
The space remaining on the lot after the minimum yard, open
space and natural environmental constraint requirements have been
met.
BUILDING
Any building, structure, or portion thereof used for residential,
business or industrial purposes.
BUILDING ENVELOPE
The setback lines or other restrictive demarcation that establishes
an area on a lot in which building and other site improvements can
occur.
BUILDING LINE
The line established by law, ordinance, or regulation beyond
which no part of a building, other than parts expressly excepted,
may extend.
BUILDING LINE, FRONT
A line generally parallel to the street or road beyond which
the front of a building may not project into the required front yard
as specified for the district in which the lot is situated. The front
yard setback begins where the minimum lot width is achieved.
BUILDING MATERIALS
A retail business for the storage and sale of primarily wood
products but which may also include the sale of hardware and other
building products.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is located. In any residential district,
any dwelling, except for an accessory dwelling unit as permitted by
this chapter, shall be deemed the principal building on the lot on
which it is situated.
BUILDING, SEMI-DETACHED
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
BUSINESS OFFICE
A building or portion thereof wherein services are performed
involving predominantly administrative, professional or clerical operations.
See "professional office."
BUSINESS SERVICE
An establishment primarily engaged in rendering services
on a fee or contract basis, such as advertising and mailing, building
maintenance, employment service, office equipment rental and leasing,
commercial research, development and testing, photo finishing and
personal services.
CAMP
A parcel of land on which are located two or more cabins,
shelters or other accommodations, of a design or character suitable
for seasonal or other more or less temporary living purposes, including
a summer colony, resort and day camp. Camps shall provide 10,000 square
feet of lot area for each tent, cabin or other principal building
and 3,000 square feet per person accommodated. A trailer park, camp
trailers, campers, trailer coaches, travel trailers, recreational
vehicles, motor homes, bus, boardinghouse, hotel, or motel shall not
be construed to be a camp.
CAMPGROUND
Any area designated for transient occupancy by camping in
tents or similar nonvehicular portable dwellings designated for temporary
shelter.
CEMETERY
Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, when operated within the boundary of such lands and in accordance with the requirements of Article
VI, §
125-68, of this chapter.
CENTRAL WATER
For the purposes of this chapter, a community water supply
system approved by the Town of Rhinebeck, Dutchess County and/or State
of New York for either private or public operation.
CESSATION OF USE
As used herein, a use shall be determined by the Code Enforcement
Officer to have ceased when it has been discontinued, either temporarily
or permanently, whether with the intent to abandon such use or not.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks which conducts continuously or periodically flowing water.
CLEAR-CUTTING
The indiscriminate removal of all or most trees, regardless
of size or maturity, for a purpose other than development, including
as may be set forth on a viewshed enhancement plan, reviewed and approved
by the Zoning Enforcement Officer and Planning Board. This definition
shall not include the following: the selective removal of tree species
according to a forest management plan consistent with § 480-a
of the New York State Real Property Tax Law or the New York State
Timber Harvesting Guidelines or the New York State Cooperator Forest
Program, and in accordance with environmentally sound and sustainable
silvicultural principles; removal of dead or damaged trees or the
routine maintenance of woodland areas following Town-approved guidelines
as adopted by the Conservation Advisory Board (CAB); or removal of
trees in accordance with a subdivision plat or site plan approved
by the Town of Rhinebeck Planning Board.
[Amended 3-12-2018 by L.L. No. 2-2018]
CLEARING
Any activity that removes the vegetative surface cover.
CLINIC, DENTAL OR MEDICAL
A facility designed for the practice of dentistry or medicine
at which nonresident patients are treated.
CLUB, NOT-FOR-PROFIT MEMBERSHIP
Premises of an organization of persons who meet periodically
to promote some nonprofit social, educational, athletic, service or
recreational objective, and who cater exclusively to members and their
guests, with no vending, merchandising or commercial activities conducted,
except as required generally for the membership and purposes of the
club. A not-for-profit membership club shall not include a rod and
gun club as defined herein.
COMMERCIAL HOSPITALITY USE
A use such as a Country Inn 1 or 2, hotel, motel, or bed-and-breakfast,
which provides guest rooms, suites or rooms for transient use. Such
use may include customarily incidental uses as permitted herein. A
short-term rental is not considered a commercial hospitality use.
[Added 3-22-2021 by L.L. No. 1-2021]
COMMERCIAL RECREATION FACILITY
An establishment engaged in providing recreation for a fee
or admission charge, including membership sports, recreation clubs,
and health clubs, but specifically excluding air arenas, amusement
parks, go-cart tracks, driving ranges, water sports parks, rings,
race tracks, or similar facilities, whether full-size or miniature
and whether located indoors or outdoors.
COMMON SEWER
For the purposes of this chapter, a community sewage disposal
system approved by the Town of Rhinebeck, Dutchess County and/or State
of New York for either private or public operation.
COMMUNICATIONS FACILITY OR TOWER
A structure used primarily for transmitting and/or receiving radio, television, microwave cellular telephone or similar electromagnetic signals. As set forth at Article
VI, §
125-68, herein, for the purpose of this chapter, neither receive-only
antennas or satellite dishes for residential use nor any other building-mounted
or other structure-mounted antennas less than 15 feet in height shall
be considered a communications facility or tower.
COMPLETE APPLICATION TO COMMENCE REVIEW
A full submission made by an applicant for any approval required
under this chapter by the Planning Board, Town Board, ZBA or ZEO,
including as pertinent to the specific application and in required
form, number and amounts all executed application forms and certifications;
fees; escrow agreement and escrow deposits; land survey, site and
building plans stamped by appropriate licensed design professionals;
environmental assessment and coastal assessment forms and agricultural
data statements; and other required additional information, such as
engineering studies or archaeological reports, to permit consideration
of the application by the responsible party.
[Added 7-25-2016 by L.L.
No. 5-2016; amended 3-12-2018 by L.L. No. 2-2018]
COMPREHENSIVE PLAN
The official Town Board adopted document that provides a
consistent policy direction to guide the immediate and long-range
protection, enhancement, and development of the Town of Rhinebeck.
As described in § 272-a of the New York State Town Law,
the Comprehensive Plan consists of materials, written and/or graphic,
including but not limited to maps, charts, studies, resolutions, reports,
elements, appendices, and other descriptive material. Such materials
identify goals, objectives, principles, guidelines, policies, standards,
devices and instruments for the unincorporated area of the Town outside
the Village of Rhinebeck. The Town of Rhinebeck Comprehensive Plan
may also be referred to as either the "The Rhinebeck Plan," the "Town
Plan" or the "Town Comprehensive Plan."
CONDOMINIUM
A building or group of buildings in which dwelling units
are owned individually within a multiple-dwelling structure. The land
underlying such structure(s), common areas and common facilities is
owned by the owners on a proportional, undivided basis. Since condominiums
represent the functional equivalent of a land subdivision, they shall
be subject to the Town of Rhinebeck Land Subdivision Regulations.
CONFERENCE CENTER
A facility used for in-residence business, cultural or professional
programs, conferences, retreats and seminars, often with campus-type
accommodations for sleeping, eating and recreation.
CONFINED ANIMAL FEEDING OPERATION (CAFO)
A lot or facility, together with any associated treatment
works, where both of the following conditions are met:
A.
Animals have been, are, or will be stabled or confined and fed
or maintained for a total of 45 days or more in any twelve-month period;
and
B.
Crops, vegetation, forage growth, or post-harvest residues are
not sustained in the normal growing season over any portion of the
operation lot or facility.
CONGREGATE CARE FACILITY
A housing facility where each resident has an individual,
usually private, housing unit which contains a sitting space, kitchen
and bathroom, in addition to a bedroom. A resident may share a common
kitchen, dining room and living room with one or more residents.
CONSERVANCY LOT
A large, privately owned lot comprising part of an area of open land as prescribed by Article
V, §
125-43, of this chapter. The purpose of the conservancy lot is to provide surrounding residents with visual access to open protected space, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be permanently protected through conservation easements and used in conformance with standards for protected open space. Public access to conservancy lots is not required.
CONSERVATION ADVISORY BOARD (CAB)
The Conservation Advisory Board of the Town of Rhinebeck,
New York as this term is are defined in the New York State General
Municipal Law.
[Amended 7-25-2016 by L.L. No. 5-2016]
CONSERVATION AREA
Land left in its natural and essentially undeveloped state,
including vegetation and terrain, for the purpose of preserving habitats
for plants and animals, scenic views, open space, aesthetic appreciation,
passive recreation and other conservation purposes.
CONSERVATION EASEMENT
A legal agreement in the form of an easement, covenant, restriction
or other interest in real property created under and subject to the
provisions of Article 49, Title 3, of the Environmental Conservation
Law, which limits or restricts the development, management or use
of such real property in perpetuity for the purpose of preserving
or maintaining the scenic, agricultural, open, historic, recreational,
archaeological, architectural or natural condition, character, significance
or amenities of the property.
CONSERVATION SUBDIVISION
A subdivision which is designed in accordance with the provisions of Article
V, §
125-43, of this chapter and which is specifically intended to conserve significant features of the natural and cultural landscape, and which achieves this result through flexibility in lot areas, depths and widths and dimensions and permanent designation of protected open space.
[Amended 7-25-2016 by L.L. No. 5-2016]
CONSTRUCTION, FIRE-RESISTANT
That type of construction in which the walls, partitions,
columns, floors and roof are noncombustible with sufficient fire resistance
to withstand the effects of a fire and prevent its spread from story
to story.
CONTAMINATION
The presence of chemical substances, matter or energy whose
nature, location or quantity causes instability, disorder, harm or
discomfort to the physical systems or living organisms therein.
CONTRACTOR'S YARD
Property used for the storage or keeping of construction
supplies, materials, equipment, machinery or vehicles, or parts thereof,
which are in operable condition and active use by a construction or
landscape contractor.
CONVENTIONAL SUBDIVISION
A subdivision in which lots are laid out in accordance with
the basic dimensional standards of the district in which the property
is located, as set forth in the Schedule of Area and Bulk Regulations, and for which a special use permit and site plan approval are required pursuant to Articles
VI and
VII of this chapter.
CONVERSION
A change in use or occupancy of a building, generally by
alteration or by other reorganization.
CO-PRINCIPAL USE
One of two or more principal uses as may be authorized to occur on a single parcel within a nonresidential district or elsewhere on the basis of a specific exception within this chapter, such as stated in §
125-47I in the case of solar power plants or solar farms.
[Added 5-22-2017 by L.L.
No. 2-2017]
COTTAGE DWELLING
A cottage dwelling is similar to a detached accessory dwelling
unit, but rather than being contained within another accessory structure
such as a barn, garage or carriage house, shall be a detached structure
separate and apart from the single-family dwelling and/or other accessory
structures on the lot. A cottage dwelling shall not exceed 750 square
feet in gross floor area on lots of less than 1/2 acre nor 1,000 square
feet on lots 1/2 acre or larger, shall be built in accordance with
the New York State Uniform Fire Prevention and Building Code, and
shall be clearly incidental and subordinate to the principal building
or structure.
[Amended 7-25-2016 by L.L. No. 5-2016]
COUNTRY CLUB
A private club that offers a variety of recreational sports
facilities to its members such as a golf course, swimming, horseback
riding, and tennis. Country clubs may provide dining facilities to
their members and guests, and may host catered events, such as weddings.
COUNTRY INN
A building or group of buildings which provides commercial hospitality lodgings and which shall include residential accommodation for the owner or caretaker. The Zoning Law permits, subject to issuance of a special use permit, a Country Inn 1 and Country Inn 2 as described more fully in Article
VI, §
125-68LL and
MM, of this chapter.
COVERAGE, BUILDING
That percentage of the plot or lot area covered by the composite
building area on or extended to the ground plane of all principal
and accessory buildings or structures as defined herein. Such coverage
excludes uncovered porches, terraces, and wooden decks, except where
used for commercial purposes.
[Added 7-25-2016 by L.L.
No. 5-2016]
COVERAGE, LOT
That percentage of the plot or lot area covered by the composite
building area or extended to the ground plane of all principal and
accessory buildings or structures, roads, parking lots and parking
areas and all other impervious surfaces as defined herein.
[Amended 7-25-2016 by L.L. No. 5-2016]
DAY CAMP
A non-overnight camp providing recreation, arts and crafts,
and other activities for participants.
DELICATESSEN
A retail establishment selling meats, salads, other foods
and condiments in a prepared state and which establishment may include
a maximum of 20 seats at tables and/or a counter for the on-premises
consumption of sandwiches or other foods and related coffee, tea,
milk, fruit juices and other nonalcoholic beverages. A delicatessen
may stock household supplies to customers who purchase only a relatively
few items. The term "delicatessen" shall not include a fast-food establishment
as defined herein.
DENSITY
The ratio of land area per dwelling unit on a lot.
A.
GROSS DENSITYThe ratio of dwelling units to the land area of the total lot.
B.
NET DENSITYThe ratio of dwelling units to the land area of the lot after subtracting nonbuildable areas, including one-hundred-year floodplains, wetlands, regulated wetland buffers, ponds, streams, and steep slopes over 25% gradient.
DESIGN STANDARDS
The design manual originally adopted by the Town Board in June 1999 and amended from time to time, so as to complement the design standards found in Article
V, §
125-55, of this chapter, the site plan design criteria set forth at Article
VII, §
125-76, of this chapter, and other design standards adopted by the Town Board.
DEVELOPMENT
Any activity other than conservation, agriculture conducted
in a manner consistent with sound agricultural practices as determined
by the New York State Department of Agriculture and Markets, or forestry
conducted in a manner consistent with the Timber Harvesting Guidelines
and best management practices as published by the New York State Department
of Environmental Conservation, which materially affects the existing
condition of land or improvements, including, but not limited to:
A.
Removal of trees or other natural vegetative cover not to include
routine woodland maintenance following Town-approved guidelines as
adopted by the Town Conservation Advisory Board (CAB).
[Amended 3-12-2018 by L.L. No. 2-2018]
B.
Substantial excavation or deposit of earth or other fill, including
alteration of the banks of any stream or body of water;
C.
Construction, reconstruction, alteration or demolition of any
building, structure or other improvement;
D.
Dumping or parking of any object or material, whether mobile,
liquid or solid;
E.
Commencement of any use of the land and improvements thereto
and any change in the type or intensity of such use; and
F.
Commencement or change in type or intensity of any noise, light, smoke or other emission, in contravention of the general performance standards stated in Article
V, §
125-35, of this chapter.
DISTRICT, FLOATING
A district that is established through the zoning amendment process, enumerated in Article
XII, and as further described in Article
VI, §
125-68KK, to provide housing for senior citizens. Unlike other zoning districts, the Senior Housing Floating Zoning District has not been mapped and is subject to legislative discretion.
DISTRICT or ZONING DISTRICT
An area or section of the Town illustrated on the Zoning
District Map contained within this chapter, and within which uniform
requirements regulate the use of land, buildings and structures and
the height, bulk, density, setback and other features of buildings
and structures.
DISTRICT, OVERLAY
An area or section of the Town illustrated on the Zoning
District Map contained within this chapter, and within which additional
requirements are provided to protect identified natural and cultural
resources or provide for incentives for specific types of development
that are encouraged in the Town or to complement those of the underlying
land use district to which such designation is added.
DRIVEWAY
Land situated on a lot used or intended to be used as a private
access route directly serving a building, structure, parking area,
or other lands and not providing a route for through traffic.
DWELLING
A building designed or used principally as the living quarters
for one or more families.
DWELLING, MULTIFAMILY
A building containing separate living units for three or
more families, including apartment buildings, townhouses, and row
houses, regardless of the form of ownership (condominium, fee simple,
rental).
DWELLING UNIT
A building, or entirely self-contained portion thereof, containing
complete housekeeping facilities for one family. A dormitory, hotel,
motel, country inn, nursing home, fraternity, sorority or other similar
building shall not be deemed to constitute a dwelling unit.
DWELLING UNIT, ACCESSORY
A separate and complete dwelling unit that is contained within
the structure of a single-family dwelling or in a building or structure
accessory to a single-family dwelling.
ECHO UNIT (ELDER COTTAGE HOUSING OPPORTUNITY)
A modular cottage, not exceeding 750 square feet, for installation
on a single-family residential premises, designed to be occupied by
one or two people who will benefit from living in close proximity
to the principal residents of the premises.
EDUCATIONAL INSTITUTION
Any parochial, private, or public institution offering courses
in general, technical, or religious education that is not operated
for profit or gain and conducts a full-time curriculum of instruction
a minimum of five days per week for seven months per year. This definition
specifically excludes from coverage after-school programs for students
who are receiving their primary education elsewhere. Educational institutions
operate in buildings owned or leased by the institution for some or
all of the following purposes: administrative and faculty offices,
classrooms, dining halls, housing limited to enrolled full-time students,
staff and faculty presently employed full-time by the educational
facility, laboratories and other ancillary uses typically and customarily
associated with educational facilities.
EMERGENCY
Any occurrence or circumstances involving actual or imminent
physical trauma or property damage threatened or caused by an emergency
that demands immediate action.
EMPLOYEE
The regular working staff (paid, volunteer or otherwise)
at maximum strength and in full-time equivalent numbers necessary
to operate, maintain or service any given facility or use under normal
levels of service.
ENRICHED HOUSING FOR THE ELDERLY
A residence offering alternative living arrangements (i.e.,
small, congregate living arrangements wherein comprehensive supportive
services are shared) for frail, older adults who do not want or need
institutional care, but who are no longer able to carry out the activities
of daily living without assistance.
ENVIRONMENTAL PERFORMANCE STANDARDS
Regulations for the control of dangerous or objectionable uses having potential adverse impacts as described for nonresidential and nonagricultural uses in Article
V, §
125-35, of this chapter.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual.
ESTABLISHMENT
A building or related group of buildings for purposes of
the conduct of business, located on a single parcel or lot, and including
one or more uses.
EXCAVATION, MAJOR
Removal, replacement or recontouring of earth materials meeting
one or more of the following criteria. No use or activity classified
as a "major excavation" may be so intensive as to constitute either
an "extractive operation" or "soil mining" as defined under this chapter.
A.
Involving more than 200 cubic yards of material; or
B.
Affecting more than 10,000 square feet of land area; or
C.
The changing of existing drainage patterns affecting neighboring
properties.
EXCAVATION, MINOR
Removal, replacement or recontouring of earth materials meeting
all of the following criteria:
A.
Involving less than 200 cubic yards of material; and
B.
Affecting less than 10,000 square feet of land area; and
C.
Which will not affect the character or pattern of drainage to
neighboring properties.
EXTRACTIVE OPERATION
A lot or land or part thereof used for the purpose of extracting
and/or removing sand, gravel, clay, stone, loam, humus, topsoil or
other earth materials for sale, exclusive of the following:
A.
Subject to the criteria set forth in Article
V, §
125-39, of this chapter, the process of grading a lot preparatory to the construction of a building for which a building permit has been issued or installing roadways and/or other improvements described on a subdivision plat or site plan approved by the Planning Board; and
B.
Either "minor excavation" or "major excavation" as defined herein.
FACADE
The face or front of a building facing the major or principal
street.
FAIRGROUND
A name for an occasional or periodic competitive exhibition,
including but not limited to farm products and/or livestock, usually
accompanied by amusement features and for which an admission fee may
or may not be charged.
FAMILY
One of the following:
A.
One, two or three persons occupying a dwelling unit; or
B.
Four or more persons occupying a dwelling unit and living together
as a traditional family or 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.
(1)
The group must share the entire house;
(2)
Occupants must live and cook together as a single housekeeping
unit;
(3)
Expenses for food, rent, utilities or other household expenses
must be shared by the group; and
(4)
The group is permanent and stable and is not transient or temporary
in nature.
FARM
Land and on-farm buildings, equipment and practices which
contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise. For the
purposes of this chapter, the term "farm" specifically excludes riding
academies and arenas, dog kennels or catteries, and the raising of
fur-bearing animals.
[Amended 7-25-2016 by L.L. No. 5-2016]
FARM MARKET
An accessory retail facility, larger than a roadside stand,
owned and operated by the owner or operator of the farm and intended
for the sale of local farm products and related farm items on either
a seasonal or year-round basis.
FARM OPERATION
The 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, a timber operation, compost, mulch or other biomass crops
and commercial equine operation, each as defined within § 301
of the New York State Agriculture and Markets Law. 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.
[Added 7-25-2016 by L.L.
No. 5-2016]
FAST-FOOD ESTABLISHMENT
A.
An establishment, whether a principal or an accessory use, required
by contractual, franchise or other legal arrangements to offer or
otherwise be characterized by two or more of the following:
[Amended 7-25-2016 by L.L. No. 5-2016]
(1)
Standardized menus, ingredients, food preparation, decor, external
facade and/or uniforms.
(2)
Systemic purchasing of food, containers, wrappers, and other
consumable goods from a central source.
(3)
Preprepared food in a ready-to-consume state, which is:
(a)
Sold over the counter in disposable containers and wrappers.
(b)
Selected from a limited menu.
(c)
For immediate consumption on or off the premises.
(4)
Where the customer pays before eating.
B.
This definition shall not include bake shops, delicatessens,
or restaurants as defined herein.
FENCE
An unroofed enclosing structure erected for decorative purposes
or for the purpose of preventing passage or view.
FLOOD HAZARD BOUNDARY MAP (FHBM)
The official map of the Town of Rhinebeck on which the Federal
Emergency Management Agency has delineated the boundaries of the special
flood hazard area. The FHBM is replaced by the Flood Insurance Rate
Map (FIRM) when the letter becomes effective.
FLOODING, AREA OF SHALLOW
A designated AO or VO Zone shown on the Town's Flood Insurance
Rate Map (FIRM) with base flood depths from one foot to three feet
where a clearly defined channel does not exist, where the path of
flooding is unpredictable and indeterminate and where velocity flow
may be evident.
FLOOD INSURANCE RATE MAP (FIRM)
The official map of the Town of Rhinebeck on which the Federal
Emergency Management Agency has delineated both the special flood
hazard areas and the risk premium zones.
FLOOD INSURANCE STUDY
The official report of the Federal Emergency Management Agency
for the Town of Rhinebeck showing flood profiles, water surface elevations
of the base flood, and includes a Flood Boundary/Floodway Map (FBFM)
or Flood Insurance Rate Map depicting any regulatory floodway, as
may be applicable.
FLOODPLAIN AREA WITH SPECIAL FLOOD HAZARDS
The maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years (i.e., that has a one-percent
chance of being flooded in any given year). The floodplain area with
special flood hazards includes the area shown on the FHBM as Zone
A and on the FIRM as Zone A, AO, AH, A1-A30, A99, V and V1-V30.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness measures, flood control works, and land use and development
control measures.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduce
or eliminate flood damage to lands, water and sanitary facilities,
structures, and contents of buildings.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude
without cumulatively increasing the water surface elevation more than
the designated height shown in the Town of Rhinebeck's Flood Insurance
Study.
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:
[Amended 7-25-2016 by L.L. No. 5-2016]
A.
Shafts with no openings or interior courts.
B.
Vehicular parking areas within a residential structure designed
to accommodate automobiles or light, noncommercial trucks of less
than 20 feet in length, except that when calculating permitted gross
floor area within the Rc-O District this exclusion shall not be applied
to floor area in excess of that required for the parking of two such
vehicles.
C.
Floor area occupied by HVAC (heating, ventilating or air conditioning),
mechanical, electrical, communications and security equipment or apparatus.
D.
Basement, cellar or attic areas, as these terms are defined
under the New York State Uniform Fire Prevention and Building Code,
which are neither designed nor intended for either human occupancy
as habitable space or for use in the conduct and/or support of a home
occupation
FLOOR AREA RATIO (FAR)
The sum of the gross floor area of all structures on a lot
divided by the gross area of the lot.
FLORIST SHOP
Any structure or building whose primary design and function
is for the production and raising of flowers and other horticultural
products for sale but which may include the retail sale of horticultural
products from off-site businesses.
FORESTRY
Sustainable forest management for the production of goods
to meet the needs and desires of landowners and that serves the public
good, both for present and future generations. Forestry is further
defined as the maintenance of property in an undeveloped state that
currently contains trees of any size, or is suitable for the growing
of trees. Forest uses may include conservation of wildlife habitat,
provision of outdoor recreation, production of timber and forest crops,
protection of water quality, regulation of water flows, conservation
of soil, carbon sequestration and protection of aesthetic qualities.
GARAGE, PRIVATE
An enclosed space, whether an accessory building or part
of a principal building, for the storage of one or more vehicles,
provided that no business occupation or service, other than a home
occupation authorized by special use permit, is conducted for profit
therein nor space therein for more than one car leased to a nonresident
of the premises.
GAS STATION
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline, oil or other motor
vehicle fuels and which may include facilities for lubricating, cleaning
or otherwise servicing motor vehicles, but not including the painting
or major repair thereof or the use of mechanical car washing equipment.
The term "gas station" shall not include a fast-food establishment
as defined herein. A gas station may include, as an accessory use,
a convenience store, not exceeding 2,000 square feet, for the sale
of a limited number of food and household products.
GENERALLY ACCEPTED AGRICULTURAL AND FARM MANAGEMENT PRACTICES
Those activities and practices including but not limited
to business and administrative activities related to the operation
of a farm; operation of farm equipment; production, preservation,
processing and marketing of farm products; proper use of legal agricultural
chemicals and other crop protection methods; and construction, maintenance,
repair and use of farm structures, including such buildings used to
store farm equipment and to store and/or process farm products; and
such other improvements that are necessary to the operation of the
farm. Said practices are those that either have been or would be determined
sound agricultural practices by the New York State Commissioner of
Agriculture and Markets upon application of the guidelines recommended
for the Commissioner's use by the NYS Advisory Council on Agriculture,
including but not limited to 1) the practice should be legal 2) the
practice should not cause bodily harm or damage property off the farm;
3) the practice should achieve the results intended in a reasonable
and supportable way; and 4) the practice should be necessary.
[Added 7-25-2016 by L.L.
No. 5-2016]
GOLF COURSE
A type of outdoor recreation use, as defined by this chapter,
developed in accordance with the standards of the United States Golf
Association (USGA) for the play over either nine or 18 regulation,
executive or par 3 holes of the game of golf. The golf course facility
may include a clubhouse with a restaurant and other appurtenances
integral to the overall facility, practice putting greens, and a practice
range but shall exclude the use of netting for the constraint of golf
balls on such practice range. A private golf course may be a component
of a country club as defined herein.
GRADE, FINISHED
The elevation at which the finished surface of the surrounding
lot, either naturally occurring or upon completion of any change in
contour, intersects the walls and supports of a structure.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
GROUNDWATER
Water in the subsurface zone beneath the water table in which
all pore spaces are completely saturated.
GUEST COTTAGE
An accessory building on the same lot as a principal residential
dwelling used for occupancy by either short-term guests of the owners
or tenants of the principal dwelling, provided that such building
shall contain no kitchen facilities and shall meet all applicable
setback and lot coverage requirements of this chapter and those requirements
related to the provision of suitable water supply and sanitary sewage
disposal facilities.
GUEST ROOM (COMMERCIAL HOSPITALITY)
A single room for sleeping, which can include a shared bathroom,
occupied by up to four individuals for sleeping purposes. For the
purpose of establishing and/or regulating density of a commercial
hospitality in this chapter, a guest room shall be defined as providing
sleeping facilities for no more than four individuals.
[Added 3-22-2021 by L.L. No. 1-2021]
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping,
eating or cooking.
HAZARDOUS MATERIAL
Material that may pose a present or potential hazard to human
health or the environment when improperly stored, transported or disposed
of or otherwise managed, including without exception hazardous waste
identified and listed in accordance with Section 3001 of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580) and related implementing
regulations.
HEIGHT, BUILDING
The vertical distance measured from the average elevation
of the finished grade along the side of the building having the lowest
finished grade to the highest point on the coping of a flat roof,
to the deck line of mansard roofs or to the average height between
eaves and ridge for gable, hip and gambrel roofs, but not including
chimneys, spires, towers, elevator penthouses, tanks and similar projections,
except where such features occupy an aggregate area of more than 80
square feet or 10% of the roof area, whichever shall be less.
HELICOPTER PAD/LANDING AREA
Any land area, whether with an improved or natural surface,
or water surface area used for the landing and take-off of a helicopter
as either a principal or accessory use.
[Added 7-25-2016 by L.L.
No. 5-2016]
HOME OCCUPATION
Any limited personal service, professional service or business use customarily conducted within a dwelling or customary accessory building and carried on by the residents thereof, which is clearly incidental and secondary to use of the premises for residential purposes and does not alter the residential character thereof, and which use shall be fully consistent with the use limitations stated in Article
V, §
125-42, of this chapter. For purposes of this chapter neither a home office for the exclusive use of a resident or residents of the premises nor artistic, literary or similar intellectual work carried on by a resident or residents of the premises and routinely involving no on-premises participation by other persons shall be construed to be a "home occupation."
[Amended 7-25-2016 by L.L. No. 5-2016]
HOSPITAL
An institution providing health service, primarily for inpatients,
and medical or surgical care of the sick or injured, including as
an integral part of the institution such related facilities as laboratories,
outpatient departments, training facilities, central service facilities
and medical offices. For purposes of this chapter, the term "hospital"
shall not include the term "alternate care facility."
HOTEL
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests for no more than 30 days
and where a kitchen and dining room are generally provided within
the building or in an accessory building, but excluding fast-food
establishments as defined herein. Small service kitchens may be provided
in individual rooms.
HOUSE OF WORSHIP
A building designed or adapted for use by a religious organization
for conducting formal religious services or assembly on a regular
basis.
IMPERVIOUS SURFACE
Any artificial structure that cannot effectively infiltrate
rainfall, snowmelt and water, which replaces naturally pervious soil
with impervious construction materials such as roofed or other solid
structures or materials covering the ground, including but not limited
to concrete, oil and stone, tar or asphalt pavement, or compacted
soil or gravel. Regardless of the construction materials used, any
area which is used for driveway or parking purposes, including disturbed
grass, ground cover, or dirt, shall be considered an impervious surface.
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System (SPDES) permit
issued by the New York State Department of Environmental Conservation
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges,
or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JUNKYARD, MOTOR VEHICLE
An area of land, with or without buildings, used for or occupied
by a deposit, collection, or storage outside a completely enclosed
building of used or discarded motor vehicles or parts thereof, with
or without the dismantling, wrecking, savage, sale, or other use or
disposition of the same. A deposit, collection, or storage on a lot
of two or more vehicles no longer in condition for legal use on the
public highways, i.e., registered and inspected, or parts thereof
for one month or more in a residential district or three months or
more in any nonresidential district shall constitute a motor vehicle
junkyard.
KENNEL
Any premises on which are kept four or more dogs more than
six months of age or any number of dogs that are kept for the primary
purpose of sale or for the purpose of boarding, care or breeding and
for which a fee is charged or paid. The term "kennel" shall be construed
to include the term "cattery."
LARGE EQUIPMENT RENTAL OR SALES
A retail establishment offering the sale, rental or repair
of large equipment and machinery, such as bulldozers, backhoes, excavators,
and similar heavy equipment used predominantly for earthwork, road
construction, and other large-scale excavation activities.
LAUNDRY, SELF-SERVICE
A business premises equipped with individual clothes-washing
or dry-cleaning machines intended for principal use by retail customers.
LIBRARY
A building used by a public or nonprofit institution for
the purpose of housing books, manuscripts, exhibits or other educational
materials available for reference and, as may be applicable, circulation
by the public. A library may include offices for library management
as well as community meeting rooms.
LIGHT MANUFACTURING
A use involving the manufacture of a product, but not requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in contravention of the performance standards stated within Article
V, §
125-35, of this chapter. Light manufacturing uses shall be construed to include, subject to compliance with the cited performance standards, the following categories:
A.
Food and beverage production, including but not limited to such
uses as a dairy processing plant, bakery, and bottling plant.
B.
Apparel and other textile products.
E.
Electrical and electronic machinery and equipment.
G.
Mail order distribution center.
H.
Warehousing ancillary to the authorized use.
LOCAL WATERFRONT REVITALIZATION AREA
That area within the Town of Rhinebeck, the boundary of which
was established upon local adoption and state approval of the Town's
Local Waterfront Revitalization Program (LWRP), and within which all
permits, approvals and other actions by Town, county, state and federal
agencies require consideration for their consistency with pertinent
coastal policies set forth within the LWRP; may be cited as "LWRA."
[Added 7-25-2016 by L.L.
No. 5-2016]
LODGING UNIT
A freestanding physical structure for the allotment of rooms
for sleeping purposes in a Country Inn 2 commercial hospitality use.
Flexibility in the layout of lodging units is permitted, including
suites, single and multiple bedroom layouts.
[Added 3-22-2021 by L.L. No. 1-2021]
LOT
A parcel of land having defined boundaries and considered
as a unit, devoted to or intended to be devoted to a specific use
or occupied by a structure or group of structures that are united
by a common interest, use or ownership, and including customary accessory
structures, uses, open spaces and yards, which parcel shall have frontage
on a street, or on such other means of access as may be deemed sufficient
in accordance with the applicable provisions of § 280-a
of the Town Law to provide suitable access as a condition precedent
to the issuance of a building permit.
LOT AREA
The total land area of a lot within the property lines excluding
any area devoted to external streets, e.g., in the case of a user
highway.
LOT, CORNER
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street right-of-way lines is the "corner."
LOT COVERAGE
See "coverage, lot."
[Amended 7-25-2016 by L.L. No. 5-2016]
LOT DEPTH
The horizontal distance from the street line of a lot to
the rear lot line of such lot, measured along the median between the
two side lines.
LOT, FLAG
A lot with less than the minimum required lot frontage which
generally consists of a narrow accessway or the "flagpole," leading
to the buildable rear portion of the lot or the "flag."
LOT FRONTAGE
That side of a lot measured along the right-of-way of any
dedicated Town, county or New York State highway, along a line 24.75
feet from the center line of any user highway or along any private
road created pursuant to § 280-a of the New York State Town
Law. For purposes of this chapter, the width of any lot shall not
be less than its frontage throughout its entire depth leading to the
buildable portion of the lot, i.e., that portion of the lot with at
least the minimum prescribed lot width. A corner lot shall be considered
to have two such frontages.
LOT LINE
The line dividing one lot from another, or from a street
or other public space.
LOT OF RECORD
A legally existing lot at the time of adoption of this chapter
on December 29, 2009, duly filed and recorded in the Dutchess County
Clerk's office as either an individual parcel of land or part of an
approved subdivision, in accordance with the Town's Land Subdivision
Regulations and applicable provisions of Town Law.
[Amended 7-25-2016 by L.L. No. 5-2016]
LOT, THROUGH
An interior lot having frontage on two parallel, or approximately
parallel, streets.
LOT WIDTH
The minimum horizontal distance between the side lot lines
measured at right angles to the lot depth along the rear line of the
required front yard (i.e., at the minimum front setback) as established
within the District Schedule of Area and Bulk Regulations.
MAINTENANCE
The act of preserving or keeping a structure and/or site
in appropriate condition for its intended use.
[Added 3-12-2012 by L.L. No. 1-2012]
MAINTENANCE AGREEMENT
As this term is used in Article
V, §
125-60, of this chapter, a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MANUFACTURED HOME
A structure, transportable in one or two sections (also known
as single-wide and double-wide), which, in the traveling mode, is
eight body feet or more in width and 40 body feet or more in length,
and, when erected on site, is 700 or more square feet, and which is
built on a permanent chassis and is designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air-conditioning, and
electrical systems contained therein. A recreational vehicle is not
included in this definition. Manufactured homes differ from modular
or industrialized housing. Manufactured homes, and modular and industrialized
homes are all factory-built housing, but modular and industrialized
housing are certified as meeting the state or local building code.
For purposes of building code approval, modular housing is equivalent
to stick-built housing and manufactured homes are not. A manufactured
house is a house built in conformity with the provisions of the federal
HUD Code. Mobile homes are those built prior to adoption of the HUD
Code.
MIXED-USE
A building containing both residential and commercial floor
space conceived and designed as a single environment in which both
commercial and residential amenities are provided.
MODULAR HOME
A factory-built dwelling transported to the site and permanently
attached to a foundation, but not including a manufactured home as
defined herein.
MOTEL
A building or group of buildings containing individual living
and sleeping accommodations for hire for guests for no more than 30
days, each of which is provided with a separate exterior entrance
and a parking space, and is offered for rental and use principally
by motor vehicle travelers. The term "motel" includes but is not limited
to every type of similar establishment known variously as an "auto
court," "motor hotel," "motor inn," "motor lodge," "tourist courts,"
"tourist cabins," or "roadside hotel".
[Amended 7-25-2016 by L.L. No. 5-2016]
MOTOR VEHICLE REPAIR AND SERVICE ESTABLISHMENT
A business, including buildings and land area, conducting
service and repair of automobiles and small trucks, including the
sale and installation of lubricants, tires, batteries and similar
products necessary for automotive function.
[Added 9-14-2020 by L.L. No. 2-2020]
MUSEUM
A nonprofit, noncommercial establishment operated as a repository
for a collection of literary, natural or scientific curiosities, objects
of interest or works of art, not including the regular sale or distribution
of the objects collected.
NATURAL RESOURCE INVENTORY (NRI)
A compilation of information about the Town's natural resources,
including open space preservation and protection priorities, in mapped
form within the Town Comprehensive Plan, available at Town Hall, and
in electronic form on the Town of Rhinebeck's website, accessible
to residents, businesses, visitors and interested observers. The NRI
provides general reference information that is useful for planning
and conservation of such resources in accordance with Article 12-F,
§§ 239-x and 239-y, of the New York State General Municipal
Law. The NRI is subject to periodic updating and refining as new information
becomes available.
NET USABLE AREA (NUA)
The gross floor area minus the following floor area deductions:
A.
Elevator shafts and stairways.
C.
Public lobbies, common mall areas, atriums and courtyards provided
solely for pedestrian access to the building from the exterior, and/or
for aesthetic enhancement or natural lighting purposes.
D.
Permanently designated corridors (i.e., not subject to relocation
by the requirements of a specific lease).
NONCOMPLYING BUILDING OR STRUCTURE
A legal existing building or structure which does not conform
to the applicable district regulations under either the District Schedule
of Area and Bulk Regulations and/or supplementary regulations for
minimum lot area, width or depth; minimum front, rear or side yard;
maximum height; maximum principal and/or aggregate accessory structure
coverage; parking requirements; or density after the adoption on December
29, 2009, or subsequent amendment of this chapter. This condition
may also be cited as "noncomplying bulk."
[Added 7-25-2016 by L.L.
No. 5-2016]
NONCONFORMING USE
A legal existing use of a building or land which does not
conform to the applicable use regulations set forth within the District
Schedule of Use Regulations for the zoning district in which the use
is located after the adoption on December 29, 2009, or subsequent
amendment of this chapter.
[Added 7-25-2016 by L.L.
No. 5-2016]
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and which shall include, but not
be limited to, pollutants from agricultural, silvicultural, horticultural,
mining, construction, subsurface disposal and other runoff sources.
NOT-FOR-PROFIT
For purposes of this chapter, restricted to a "person," as
defined herein, so designated as "not-for-profit" or "nonprofit" by
virtue of charter or incorporation and certification by the Internal
Revenue Service. Such person or facility may also be cited within
this chapter as "noncommercial."
NOXIOUS USE
Any use which is dangerous, offensive or injurious by reason
of the emission of dust, smoke, refuse matter, odor, gas fumes, noise
or vibration in contravention of the standards and criteria established
by this chapter and other applicable laws, rules, codes and regulations;
also referred to as a "nuisance."
NURSERY
An establishment separate from a farm where herbaceous plants
and related lawn care, landscaping and gardening products are sold
to retail and/or wholesale customers. A nursery by its nature includes
outdoor storage of some or most of its stock-in-trade.
NURSERY SCHOOL
Any premises, however designated, which operates on a regular
basis to provide care or instruction for seven or more enrolled children
under six years of age other than the children of the resident family.
The term "nursery school" shall include a day nursery and day-care
center and family day-care facility as defined and regulated by § 390
of the New York State Social Services Law.
OCCUPANCY
Use of a building, structure or premises.
OCCUPIED SPACE
An area, enclosed or covered, providing a ceiling height
of seven feet zero inch or more, intended for normal use by people
on an occasional or more frequent basis. Occupied space may include
basements, cellars, penthouses, attic space and interior balconies
or mezzanines if the space is intended for use or habitation.
OFFICE or OFFICE ESTABLISHMENT
A building or structure or part thereof used for the purpose
of conducting a business or providing professional services. The term
"office or office establishment" does not include businesses that
sell goods, such as a retail store.
OFFICIAL MAP
A map, adopted by the Town Board, showing streets, highways
and parks heretofore laid out, adopted and established in accordance
with § 270 of the Town Law.
OFF-STREET PARKING FACILITY
Parking spaces located in an area other than on a street
or public right-of-way and limited in use to vehicles not exceeding
a gross vehicle weight of three tons or not parked continuously for
periods of more than 48 hours, except in facilities designated for
special uses. Parking facilities include the following subclasses:
A.
SURFACE PARKING LOTA parking facility constructed on prepared grade and without a covering roof or structure.
B.
PARKING STRUCTUREA parking area or facility, comprising one or more floors as a part or whole of a building, that meets the requirements of the New York State Building Code.
OPEN SPACE
That lot area of a lot which shall, in accordance with the
requirements of this chapter, be properly maintained with a combination
of natural, not artificial, lawn, shrubs, trees and other plant material
and related ground covers and which may be protected by conservation
easement or other means.
OUTDOOR RECREATION USE, NOT-FOR-PROFIT/NONCOMMERCIAL
Land developed with facilities for passive recreation, e.g.,
trails and picnic areas, and/or with facilities for active outdoor
individual or organized recreation, e.g., ball fields, tennis courts,
swimming pools, ski trails, ice-skating areas and golf courses, but
not including: [1] related arenas or stadiums or other facilities
for the accommodation of more than 200 spectators; [2] activities
involving the discharge of firearms; [3] the development of substantial
enclosed or semi-enclosed structures that compositely occupy more
than 0.5% of the gross land area devoted to the outdoor recreation
use; or [4] any activity or use, whether principal or accessory, falling
within the definition of "commercial recreation facility" as set forth
within this chapter. An outdoor recreation use or facility may also
be referred to as a "recreation area."
OWNER
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, or other person, firm, or corporation in
control of a building, structure or premises. The term "owner" may
in a specific situation refer to more than one of the above.
PARCEL
See "lot."
[Added 5-22-2017 by L.L.
No. 2-2017]
PARISH HOUSE
An accessory structure used or intended to be used for the
lay activities of a religious organization, including a dwelling unit
or units used by the officials of a house of worship.
PARK
Any land and/or associated structures created and maintained
by a municipality or not-for-profit organization for the express use
and enjoyment by the general public for recreational purposes.
PARKING SPACE, OFF-STREET
An area of land, not less than nine feet by 19 feet, excluding
driveways or access drives thereto, which is out of the public right-of-way
and is available and adequately improved for the parking of one motor
vehicle.
PASSIVE ADULT USE
The use of a building, a portion of a building, or land for
the sale or rental for use off-site of films, videotapes or other
materials displayed in an area that is not open to the public generally
and/or from which area the owner or operator of the use excludes,
or is required by law to exclude, any minor by reason of age.
PERFORMING ARTS CENTER
An indoor or outdoor facility operated and maintained by
a not-for-profit entity and devoted to presenting cultural entertainment
through live performances in music, theater and dance, but not including
adult uses as defined herein.
PERMITTED USE
A specific use noted in Article
III, District Schedule of Use Regulations, of this chapter for which land, lots, buildings or structures
may be used, occupied or maintained under this chapter as a matter
of right and which may be subject to site plan approval.
PERSON
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
PERSONAL SERVICE BUSINESS OR USE
An establishment primarily engaged in providing services
involving the specialized care of a person or a person's apparel,
including but not limited to barber and beauty shops, tailor shops
and exercise or dance studios, but not including passive adult uses
as defined herein.
PHASING
As this term is used in Article
V, §
125-60, of this chapter, clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PLAY STRUCTURE
A recreational structure such as a treehouse, playhouse,
or prefabricated play equipment, located at grade or elevated, not
intended for habitation and without amenities such as electricity
or plumbing.
[Added 11-9-2020 by L.L. No. 3-2020]
POLLUTANT OF CONCERN
As this term is used in Article
V, §
125-60, of this chapter, sediment or a water quality measurement which addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant which has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PRINCIPAL USE
The main or primary purpose or purposes for which land and/or
structure(s) is designed, arranged, or intended or for which such
land or structure(s) may be occupied or maintained under this chapter.
PRIVATE AIRSTRIP
Any land area, whether with an improved or natural surface,
or water surface area used for the landing and take-off of an airplane
either as a principal or accessory use.
[Added 7-25-2016 by L.L.
No. 5-2016]
PRIVATE STABLE
A building designed and used for the feeding, housing, breeding
and exercising of horses that are owned by the owner of the premises
or a residential tenant thereof and/or not maintained for remuneration,
hire or sale.
PROFESSIONAL OFFICE
A building or portion thereof wherein services are performed
involving predominantly administrative, professional or clerical operations.
PROHIBITED USE
Any use which is not listed as a permitted use, special permit use, or accessory use within a zoning district in the District Schedule of Use Regulations in Article
III of this chapter is a prohibited use within such district. Any use not listed in the District Schedule of Use Regulations as a permitted use, special permit use or accessory use in one or more districts within the Town of Rhinebeck is by virtue of such exclusion deemed a prohibited use in all districts within the Town.
[Amended 7-25-2016 by L.L. No. 5-2016]
PROTECTED OPEN SPACE
That portion of a tract that is set aside in perpetuity for the protection of sensitive natural features, farmland, forests, historic or other cultural features, scenic views, and other unique environmental resources. Protected open space may be accessible to the residents of the subdivision and/or the Town, or it may contain areas of large farm, forestry or conservancy lots which are not accessible to the public and includes open space that is set aside in accordance with Article
V, §
125-43.
PUBLIC OR FRANCHISE UTILITY STATION
An essential appurtenant facility or structure within an
overall utility network or system, such as an electric unit substation,
municipal water pumping station or water tower, telephone relay station
or sewage pumping station.
PUBLIC STABLE/RIDING ACADEMY
A stable or arena used for the riding, training and performing
of horses by other than the occupants of the premises or their nonpaying
guests, but excluding private stables or a horse boarding or breeding
facility as defined in the New York State Agricultural and Markets
Law.
PUBLIC TERMINAL
Facilities accommodating travelers, limited for purposes
of this chapter to bus stations, rail passenger stations and ferry
terminals.
PUMP STATION, GAS
An area where motor fuels are dispensed to the motoring public,
with each pump station designed to serve no more than two vehicles
at a time.
RELIGIOUS INSTITUTION
A house of worship with related facilities, including an
educational institution(s).
REPAIR
Work exclusively involving the normal maintenance and/or repair of damage to, or deterioration of, a structure or other property appurtenances and which falls short of alteration as defined herein. Repair may or may not require a building permit but shall not require either a special use permit or site plan approval in any zoning district, including the several overlay districts established within Article
II, §
125-15, of this chapter.
[Added 3-12-2018 by L.L.
No. 2-2018]
REPLACEMENT
Work exclusively involving the replacement of existing exterior building features, such as windows, doors and architectural components, that replicate those existing building features and which falls short of alteration as defined herein. Replacement may or may not require a building permit but shall not require either a special use permit or site plan approval in any zoning district, including the several overlay districts established within Article
II, §
125-15, of this chapter.
[Added 3-12-2018 by L.L.
No. 2-2018]
RESEARCH LABORATORY
Use of a building or part thereof and/or land where scientific
research, development and/or experiments are conducted and which both
meets and is routinely monitored for compliance with all applicable
federal, state, county and Town rules, regulations and requirements
for protection of public health, safety and welfare.
RESIDENTIAL HOUSING DEVELOPMENT
Land under unified control to be developed with residential
housing in a single development operation or a series of phases or
operations, including all dwelling units for which permits have been
or will be applied for and/or approved.
RESTAURANT
An establishment licensed by the Dutchess County Health Department
where food and drink is prepared, served, consumed and sold primarily
within the principal building or its outdoor terrace or patio area.
The term "restaurant" shall not include a fast-food establishment
as defined herein. A bar or pub that also serves food shall be considered
a restaurant.
RETAIL BUSINESS
An establishment engaged in selling or renting goods or merchandise
to the general public in small quantities for personal or household
consumption or business use and rendering services incidental to the
sale of such goods. A gas station or automobile service station shall
not be considered a retail business nor shall a restaurant or other
eating and/or drinking establishment of any type.
ROADSIDE STAND
A temporary structure or farm vehicle whose principal use
is the seasonal display and sale of agricultural products grown predominantly
on the premises or elsewhere by the operator of the roadside stand
and which uses its proximity to a roadway to attract potential customers,
where agricultural products grown may be sold and purchased seasonally.
ROD AND GUN CLUB
A group or association of people organized for the purpose
of engaging in recreational activities, such as hunting, fishing,
target shooting, trapshooting, and skeet shooting on a wholly enclosed
parcel of land, conducted exclusively by and for club members and
their guests, characterized by membership qualifications, payment
of fees or dues and a constitution and bylaws. A rod and gun club
shall not include operation of a shooting preserve or game or wildlife
preserve.
SATELLITE DISH ANTENNA
Any parabolic dish, antenna, or other devices or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, microwave or other electronic signals from space
satellites.
SETBACK
The horizontal distance measured at a right angle from a front, side and rear property line to a building or other improvement to establish the minimum front, side and rear yard dimensions found in Article
IV, Area and Bulk Regulations, of this chapter, or used to carry out yard modifications approved by the ZBA.
[Amended 3-12-2018 by L.L. No. 2-2018]
SHORT-TERM
See "temporary."
[Added 7-25-2016 by L.L.
No. 5-2016]
SITE PLAN
That map or drawing and all related information which together constitute a complete application, submitted for review by the Planning Board in accordance with the requirements and procedures specified in Article
VII of this chapter and which shows, among other things, the arrangement, layout and design of the proposed use of a single parcel of land.
SMALL EQUIPMENT RENTAL OR SALES
A retail establishment offering the sale, rental or repair
of small equipment and machinery, such as tractors, riding mowers,
walk-behind mowers, power tillers and cultivators, snowblowers, generators
and similar small-scale equipment used predominantly for farm and
home activities.
SOIL MINING
The use of any land for the excavation, extraction or removal
of more than 800 cubic yards or 1,000 tons of sand, gravel, clay,
stone, loam, humus, topsoil or other earth materials within a period
of 12 calendar months for sale or exchange or for use other than on
the property from which the material is extracted, such use being
a regulated activity under both this chapter and the New York State
Mined Land Reclamation Law (see "extractive operation") or which otherwise
requires a permit in accordance with the New York State Mined Land
Reclamation Law.
SOLID WASTE
Unwanted or discarded material, including solid, liquid,
semisolid or contained gaseous material.
SPECIAL EVENT VENUE
An establishment where small gatherings and events, such as, but not limited to, weddings, parties, fundraisers, small conferences and similar events, are held, subject to the standards set forth in Article
VI, §
125-68EEE, of this chapter.
[Added 5-13-2013 by L.L. No. 2-2013]
STORAGE, OPEN
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure. This, however, shall not
be construed as including the activities of junkyards as defined herein.
STRATIFIED DRIFT
Unconsolidated, sorted sediment, composed of layers of sand,
gravel, silt or clay, deposited by meltwater from glaciers.
STREET
A public or private right-of-way which provides vehicular
access to abutting properties, which may not contain less than 15
feet of frontage on a private right-of-way, which meets the requirements
of § 280-a of the Town Law.
STREET LINE
The dividing line between a lot and a street right-of-way,
as indicated by dedication or deed or record or use in the case of
a user road.
STRUCTURE
A static construction, or assembly, or materials, the use
or occupancy of which requires a fixed location on the ground or attachment
to an object having such a fixed location. Structures shall include,
among others, buildings, stadiums, sheds, storage bins, reviewing
and display stands, platforms, towers, walls, fences, swimming pools,
tennis courts, gasoline pumps, billboards, signs, artwork, such elements
as generators for nonemergency use, satellite dish antennas, and solar
and wind energy systems, and mobile homes. Structure shall not include
generators sized, intended, installed and maintained exclusively for
emergency purposes, utility poles, wires and related equipment.
[Amended 3-12-2018 by L.L. No. 2-2018]
SUBDIVISION
The division of any parcel of land into two or more lots,
plots, sites, or other divisions of land for the purpose, whether
immediate or future, of lot line alteration, transfer of ownership,
lease for other than recreation, conservation or agricultural purposes,
or building development. Such division shall include lot line adjustments
or resubdivision of any parcel of land for which an approved plat
has already been filed in the office of the Dutchess County Clerk.
SUBSTANTIAL ALTERATION OR IMPROVEMENT
A.
For the purposes of Article
VI, §
125-68AAA, of this chapter, "substantial alteration or improvement" shall mean any repair, reconstruction or improvement of a structure, the cost of which exceeds 50% of the full assessed valuation of the structure either:
(1)
Before the improvement or repairs started; or
(2)
If the structure has been damaged and is being restored, before
the damage occurred.
B.
Substantial alteration or improvement is considered to occur
when the first alteration to any wall, ceiling, floor or other nonstructural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term "substantial improvement"
does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing
county or state health, sanitary or safety code specifications which
are solely necessary to assure safe and healthful living conditions;
or
(2)
Any alteration of a structure listed on the National Register
of Historic Places, which is subject to the Town of Rhinebeck Historic
Buildings Protection Law.
SUITE
A combination of guest rooms, which can include a shared
bathroom and other rooms commonly understood to constitute a suite
setup, subject to their being permitted in this Code. Suites may provide
provisions for cooking.
[Added 3-22-2021 by L.L. No. 1-2021]
SURFACE PARKING LOT
A parking facility constructed on prepared grade and without
a covering roof or structure.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface water or underground waters), which are wholly or partially
within or bordering the state or within its jurisdiction. Storm sewers
and waste treatment systems, including treatment ponds or lagoons
which also meet the criteria of this definition, are not waters of
the state. This exclusion applies only to man-made bodies of water
which neither were originally created in waters of the state (such
as a disposal area in wetlands) nor resulted from impoundment of waters
of the state.
SWIMMING POOL, SPA, WHIRLPOOL or HOT TUB
Any outdoor pool or tank, created for the specific purpose
of swimming, bathing or other human relaxation, that causes the retaining
of water to a depth greater than 18 inches and is subject to the design
and safety requirements set forth within the New York State Uniform
Fire Prevention and Building Code and Residential Code, Appendix G,
Swimming Pools, Spas and Hot Tubs.
[Added 7-25-2016 by L.L.
No. 5-2016]
TEMPORARY
A period of not more than 30 calendar days, unless specified
otherwise in this chapter.
TRAFFIC
Traffic is defined in accordance with § 152 of
the New York State Vehicle and Traffic Law to include pedestrians,
ridden or herded animals, vehicles, bicycles, and other conveyances
either singly or together while using any highway for purposes of
travel.
TRAILER, CAMPING
A folding structure, mounted on wheels and designed for limited
travel, recreation and vacation use only.
TRAILER, TRAVEL
A vehicular, portable structure built on a chassis, designed
as a temporary one-family dwelling for travel, recreation, and vacation
purposes, having a body length not exceeding 32 feet and a body width
not exceeding eight feet. Travel trailers include a recreational vehicle
and a motor home.
USE
The specific purpose for which land, a building or a building
group is designed, arranged, intended, or for which it is or may be
occupied or maintained. See related definitions of "accessory use,"
"nonconforming use," "principal use" and "prohibited use."
USE, CHANGE OF
A change of use shall include changes from one use group
to another under the Table of Use Regulations as well as any change within such land use groups; changes
to any other use within the same group, such as in the "business and
professional office" group, a change from a real estate office to
an insurance office is a change of use, from a law office to an engineer's
office is a change of use, and in the "retail business" group a change
from a drugstore to a grocery store is a change of use.
USE, CIVIC
A building or use related to municipal offices and services
and which may include not-for-profit organizations dedicated to arts,
culture, education, recreation, government, transit, and municipal
parking owned and/or operated by a government agency or not-for-profit
corporation.
USE REGULATIONS
The controls which enumerate the permitted principal uses,
permitted accessory uses and special permit uses, either principal
or accessory, within each of the zoning districts established by this
chapter.
[Amended 7-25-2016 by L.L. No. 5-2016]
VETERINARIAN'S OFFICE
An establishment for the medical and/or surgical care of
sick or injured animals, including facilities for their temporary
housing and confinement, and, when operated as an accessory use by
the licensed veterinarian, facilities for short-term boarding of animals,
sales of animal supplies, and food and equipment; also known as an
"animal hospital."
WHOLESALE BUSINESS
An establishment or other place of business engaged in selling
and/or distributing merchandise to retailers, to other wholesalers
or to industrial or professional businesses or persons acting as agents
or brokers and buying merchandise for or selling merchandise to such
businesses.
YARD
An open space on the same lot, plot or parcel of land, with
a building or building group lying between the closest point of the
front, rear or side wall of a building and the nearest lot line, unoccupied
and fully open to the sky, except as otherwise provided by the specific
provisions of this chapter.
YARD, FRONT
A yard extending across the principal street side (i.e.,
front lot line) of a lot measured between the side yard lines, the
depth of which yard is the minimum horizontal distance between the
street line and the main or principal building on the lot.
YARD, REAR
A yard extending across the full width of a lot measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building.
YARD, SIDE
A yard between any lot line other than the street line or
rear lot line, and a line drawn parallel thereto, and between the
front and rear yards.
ZONING DISTRICT MAP
The map delineating the boundaries of the various districts
established under this chapter which, along with the text, comprises
this chapter.