Except as defined herein, all words used in this chapter shall
carry their everyday dictionary definitions. Words used in the present
tense include the future; the singular number includes the plural,
and the plural number includes the singular; the word "lot" includes
the word "plot" or "parcel" or "tract"; the word "structure" includes
the word "building." The term "occupied" or "used" as applied to any
given building or land shall be construed to include "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased," or "intended
to be used or occupied." Unless the context requires a different interpretation,
any word denoting gender includes the female and the male. The word
"shall" is mandatory and not optional. Unless otherwise expressly
stated, the following terms shall, for the purposes of this chapter,
have the meaning herein indicated. The same would apply to terms used
in the Town Freshwater Wetlands Law[1] and other laws or state laws such as Agriculture and Markets
Law, Environmental Conservation Law, and their implementing regulations.
As used throughout this chapter, the following terms shall have
the meanings indicated:
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]
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.
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.
Extension or increase in area or height of a building.
See "passive adult use."
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]
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.
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.
For purposes of this chapter, an alternate care housing facility
shall include, but not necessarily be limited to, the following specific
types of facilities:
Community residence: a dwelling providing room, board, and recreation
for the mentally and/or physically disabled under responsible supervision.
Halfway house: a community residence providing room, board,
recreation and rehabilitative services for the mentally and/or physically
disabled under responsible supervision.
Supervised living facility: a community residence or group home
providing twenty-four-hour on-site responsible supervision for long-term
residence.
Supportive living facility: a community residence providing
responsible supervision for residents.
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.
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.
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.
Assisted living facility: a residential care facility providing
residential units accompanied by services for housekeeping, personal
care, health care, recreation and food.
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.
See "veterinarian's office."
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).
A dwelling unit contained within a two-family or multifamily
dwelling.
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.
A geologic unit of stratified drift capable of yielding usable
amounts of water.
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.
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."[1]
[Amended 7-25-2016 by L.L. No. 5-2016]
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).
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.
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.
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.
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.
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]
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.
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 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.
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.
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]
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."[2]
The space remaining on the lot after the minimum yard, open
space and natural environmental constraint requirements have been
met.
Any building, structure, or portion thereof used for residential,
business or industrial purposes.
See definition of "accessory structure."
See "coverage, building."
[Added 7-25-2016 by L.L.
No. 5-2016]
The setback lines or other restrictive demarcation that establishes
an area on a lot in which building and other site improvements can
occur.
See definition of "Code Enforcement Officer" herein.
The line established by law, ordinance, or regulation beyond
which no part of a building, other than parts expressly excepted,
may extend.
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.
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.
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.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
A building or portion thereof wherein services are performed
involving predominantly administrative, professional or clerical operations.
See "professional office."
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.
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.
Any area designated for transient occupancy by camping in
tents or similar nonvehicular portable dwellings designated for temporary
shelter.
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.
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.
A natural or artificial watercourse with a definite bed and
banks which conducts continuously or periodically flowing water.
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]
Any activity that removes the vegetative surface cover.
A facility designed for the practice of dentistry or medicine
at which nonresident patients are treated.
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.
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]
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.
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.
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,[4] 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.
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]
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."
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.[5]
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.
A lot or facility, together with any associated treatment
works, where both of the following conditions are met:
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
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.
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.
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.
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]
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.
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.
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]
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.
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.
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.
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,[6] and for which a special use permit and site plan approval are required pursuant to Articles VI and VII of this chapter.
A change in use or occupancy of a building, generally by
alteration or by other reorganization.
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]
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]
 |
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.
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.
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]
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]
A non-overnight camp providing recreation, arts and crafts,
and other activities for participants.
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.
The ratio of land area per dwelling unit on a lot.
GROSS DENSITYThe ratio of dwelling units to the land area of the total lot.
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.
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.
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:
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]
Substantial excavation or deposit of earth or other fill, including
alteration of the banks of any stream or body of water;
Construction, reconstruction, alteration or demolition of any
building, structure or other improvement;
Dumping or parking of any object or material, whether mobile,
liquid or solid;
Commencement of any use of the land and improvements thereto
and any change in the type or intensity of such use; and
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.
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.
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.
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.
A building designed or used principally as the living quarters
for one or more families.
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).
A detached building containing one dwelling unit only.
A detached or semidetached building containing two dwelling
units only.
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.
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.
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.
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.
Any occurrence or circumstances involving actual or imminent
physical trauma or property damage threatened or caused by an emergency
that demands immediate action.
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.
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.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual.
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.
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.
Removal, replacement or recontouring of earth materials meeting
all of the following criteria:
See "lot of record."
[Added 7-25-2016 by L.L.
No. 5-2016]
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:
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
Either "minor excavation" or "major excavation" as defined herein.
The face or front of a building facing the major or principal
street.
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.
One of the following:
One, two or three persons occupying a dwelling unit; or
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.
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]
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.
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]
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]
This definition shall not include bake shops, delicatessens,
or restaurants as defined herein.
An unroofed enclosing structure erected for decorative purposes
or for the purpose of preventing passage or view.
See definition of "lot, flag."
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.
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.
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.
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.
The highest level of flood that, on the average, has a one-percent
chance of occurring each year.
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.
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.
A land area adjoining a river, stream, watercourse, or lake,
which is likely to be flooded.
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.
The one-hundred-year flood elevation plus two additional
feet of elevation.
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.
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]
Shafts with no openings or interior courts.
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.
Floor area occupied by HVAC (heating, ventilating or air conditioning),
mechanical, electrical, communications and security equipment or apparatus.
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
The sum of the gross floor area of all structures on a lot
divided by the gross area of the lot.
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.
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.
See "fast-food establishment."
[Added 7-25-2016 by L.L.
No. 5-2016]
See definition of "lot frontage."
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.
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.
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]
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.
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.
Excavation or fill of material, including the resulting conditions
thereof.
See "floor area, gross."
[Added 7-25-2016 by L.L.
No. 5-2016]
Water in the subsurface zone beneath the water table in which
all pore spaces are completely saturated.
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.
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]
Space occupied by one or more persons for living, sleeping,
eating or cooking.
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.
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.
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]
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]
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."
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.
A building designed or adapted for use by a religious organization
for conducting formal religious services or assembly on a regular
basis.
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.
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.
The process of percolating stormwater into the subsoil.
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.
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."
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.
A business premises equipped with individual clothes-washing
or dry-cleaning machines intended for principal use by retail customers.
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.
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:
Food and beverage production, including but not limited to such
uses as a dairy processing plant, bakery, and bottling plant.
Apparel and other textile products.
Furniture and fixtures.
Printing and publishing.
Electrical and electronic machinery and equipment.
Metal fabrication.
Mail order distribution center.
Warehousing ancillary to the authorized use.
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]
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]
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.
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.
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."
See "coverage, lot."
[Amended 7-25-2016 by L.L. No. 5-2016]
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.
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."
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.
Any lot other than a corner lot.
The line dividing one lot from another, or from a street
or other public space.
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[7] and applicable provisions of Town Law.
[Amended 7-25-2016 by L.L. No. 5-2016]
An interior lot having frontage on two parallel, or approximately
parallel, streets.
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.[8]
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]
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.
See "club, membership."
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.
A factory-built dwelling transported to the site and permanently
attached to a foundation, but not including a manufactured home as
defined herein.
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]
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]
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.
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.
The gross floor area minus the following floor area deductions:
Elevator shafts and stairways.
Public rest rooms.
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.
Permanently designated corridors (i.e., not subject to relocation
by the requirements of a specific lease).
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]
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]
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.
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."
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."
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.
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.
Use of a building, structure or premises.
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.
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.
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.
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:
SURFACE PARKING LOTA parking facility constructed on prepared grade and without a covering roof or structure.
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.
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.
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."
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.
See "lot."
[Added 5-22-2017 by L.L.
No. 2-2017]
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.
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.
An off-street parking area containing parking spaces as required
by this chapter.
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.
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.
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.
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.
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.
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]
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.
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.
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]
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.
A building or portion thereof wherein services are performed
involving predominantly administrative, professional or clerical operations.
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]
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.
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.
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.
Facilities accommodating travelers, limited for purposes
of this chapter to bus stations, rail passenger stations and ferry
terminals.
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.
A house of worship with related facilities, including an
educational institution(s).
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]
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]
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.
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.
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.
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.
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.
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.
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.
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]
See "temporary."
[Added 7-25-2016 by L.L.
No. 5-2016]
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.
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.
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.
Unwanted or discarded material, including solid, liquid,
semisolid or contained gaseous material.
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.
Unconsolidated, sorted sediment, composed of layers of sand,
gravel, silt or clay, deposited by meltwater from glaciers.
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.
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.
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]
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 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:
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
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.[10]
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]
A parking facility constructed on prepared grade and without
a covering roof or structure.
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.
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]
A period of not more than 30 calendar days, unless specified
otherwise in this chapter.
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.
A folding structure, mounted on wheels and designed for limited
travel, recreation and vacation use only.
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.
See "clear-cutting."
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."
A change of use shall include changes from one use group
to another under the Table of Use Regulations[11] 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.
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.
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]
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."
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.
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.
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.
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.
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.
The map delineating the boundaries of the various districts
established under this chapter which, along with the text, comprises
this chapter.[12]
[1]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
[6]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
[8]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
[9]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
[11]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
[12]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
As used principally, if not exclusively, in Article VI, § 125-68BBB, the following terms shall have the meanings indicated:
Capacity is considered to be "adequate" if the grade of service
is p.05 or better for at least 50% of the days in a preceding month,
prior to the date of application, as measured using direct traffic
measurement of the communications facility in question, where the
cell blocking is due to frequency contention at the antenna(s).
Coverage is considered to be "adequate" within that area
surrounding a base station where the predicted or measured median
field strength of the transmitted signal is greater than -95 dbm.
It is acceptable for there to be holes within the area of adequate
coverage where the signal is less than -95 dbm, as long as the signal
regains its strength to greater than -95 dbm further away from the
base station. For the limited purpose of determining whether the use
of a repeater is necessary or desirable, there shall be deemed not
to be adequate coverage within said holes. The outer boundary of the
area of adequate coverage, however, is that location past which the
signal does not regain a strength of greater than -95 dbm.
A device which is attached to a communications facility or
tower and/or other structure for transmitting and receiving electromagnetic
waves.
The space on a communications facility or tower or other
structure to which antennas of a communications provider are both
structurally able and electronically able to be attached.
The primary sending and receiving site in a wireless communications
network. More than one base station and/or more than one variety of
communications provider can be located on a single tower or other
structure.
A communications facility, including a tower, that is disguised,
hidden, part of an existing or proposed structure, placed within an
existing or proposed structure or completely hidden by surrounding
vegetation is considered camouflaged.
A structure located at a base station designed principally
to enclose equipment used in connection with a communications provider's
transmissions.
All equipment (including any repeaters) with which a communications
provider broadcasts and receives the radiofrequency waves or other
signals which carry their services and all locations of said equipment
or any part thereof. This facility may be sited on one or more towers
or other structures owned and permitted by another owner or entity.
An entity providing communications services to individuals,
businesses, institutions or persons, whether such entity is licensed
by the FCC or unlicensed.
The unit of measure of the power level of an electromagnetic
signal expressed in decibels referenced to one milliwatt.
The determination that the new signal from and to the proposed
new antennas will not significantly interfere with the existing signals
from and to other facilities located on the same communications facility
or tower or other structure as determined by a qualified professional
telecommunications engineer. The use of available technologies to
alleviate such interference shall be considered when making this determination.
Electromagnetic frequency radiation.
The Federal Aviation Administration.
A property, or any part thereof, which is owned or leased
by one or more communications providers and upon which one or more
communications facility(ies) and required landscaping is located;
also known as "project site."
The Federal Communications Commission. The government agency
responsible for regulating telecommunications in the United States.
A report and order which sets national standards for levels
of radiofrequency emissions from FCC-regulated transmitters.
Gigahertz; one billion hertz.
A measure of the percentage of calls which are able to connect
to the base station during the busiest hour of the day. Grade of service
is expressed as a number, such as p.05, which means that 95% of callers
will connect on their first attempt. A lower number, e.g., p.04, indicates
a better grade of service.
One hertz is the frequency of an electric or magnetic field
which reverses polarity once each second, or one cycle per second.
Any change, or proposed change, in power output, number of
antennas, change in antenna type or model, repositioning of antenna(s),
change in number of channels per antenna above the maximum number
approved under an existing special use permit.
Any increase, or proposed increase, in dimensions of an existing
and permitted tower or other structure designed to support a communications
provider's transmission, receiving or relaying antennas and/or equipment.
Megahertz; one million hertz.
The measurement, by the use of instruments, in the field,
of the radiation from a site as a whole, or from individual communications
facilities or towers, antennas or repeaters.
The testing protocol, initially the Cobbs Protocol but subject
to state-of-the-art advance as technology changes, which is to be
used to monitor the emissions from existing and new communications
facilities.
A single self-supporting vertical pole with no guy wire anchors,
with below-grade foundations.
Computer-generated estimates of the radiation emanating from
antennas or repeaters sited on a specific communications tower or
other structure. The height above ground, power input and output,
frequency output, type of antenna, antenna gain, and the topography
of the site and its surroundings are all taken into account to create
such simulations. These simulations are the primary tool for determining
whether a site will provide adequate coverage for the communications
facility proposed for that site; also known as "radial plots."
A small receiver/relay transmitter designed to provide service
to areas which are not able to receive adequate coverage directly
from a base station; also known as "rerad."
The determination that a tower or other structure is capable
of carrying the load imposed by the proposed new antenna(s) under
all reasonably predictable conditions as determined by professional
structural engineering analysis. This condition may also be referred
to as "structurally able."
A facility utilizing satellite dishes of greater than 2.0
meters in diameter designed to uplink to communications satellites
for transmitting in the microwave band.
A structure that is designed to support a communications
provider's transmission, receiving and/or relaying antennas and/or
equipment.
As used principally, if not exclusively, within Article X, Administration and Enforcement of Zoning Law and New York State Uniform Fire Prevention and Building Code, the following terms shall have the meanings indicated:
Any building, structure, or portion thereof used for residential,
business or industrial purpose.
Includes the Code Enforcement Officer and all inspectors.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
The person to whom a building permit has been issued.
The Town of Rhinebeck.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
As used principally, if not exclusively, within Article V, § 125-62, Historic buildings, the following terms shall have the meanings indicated:
Any structures and/or features, such as entrance gates, fences,
gazebos, gardens, landscapes, stone walls, hitching posts and signs,
which are accessory to the historic building, or the historic buildings,
on the property.
A certificate issued by the Planning Board authorizing removal
or demolition of an historic building, or portion thereof, even though
a certificate of removal or demolition has previously been denied.
A certificate issued by the Planning Board indicating its
approval of plans for removal or demolition of an historic building,
or portion thereof.
Any building, including residential, commercial, public, institutional and agricultural structures, having one or more of the following characteristics: (1) designated as a "contributing building" within the National Register Hudson River National Historic Landmark District and its predecessor Sixteen Mile District; (2) included within the Evangelical Lutheran Church of St. Peter, Grasmere and Rock Ledge National Register Historic Districts; (3) listed as individual buildings, or building complexes, on the National Register of Historic Places; (4) designated as a "local landmark" by the Town of Rhinebeck; all of which are referred to in Article V, § 125-62, as a "historic building" or "historic buildings." The term "contributing building" shall also apply to any building, or any other structure, that in the future is designated and included as an individual building, or building complex, or a contributing building within a district on the National and/or State Register of Historic Places and/or designated as a local landmark by the Town of Rhinebeck.
Any act or process that destroys an historic building or
portion thereof.
A type of building permit issued by the Town Zoning Enforcement Officer pursuant to § 125-106 of this chapter, which is required before an historic building is removed or demolished.
Any building having one or more of the following characteristics:
Designated as a "contributing building" within the National
Register Hudson River National Historic Landmark District and its
predecessor Sixteen Mile District.
Included within the Evangelical Lutheran Church of St. Peter,
Grasmere and Rock Ledge National Register Historic Districts.
Listed as individual buildings, or building complexes, on the
National Register of Historic Places.
Designated as a "local landmark" by the Town of Rhinebeck.
The term "historic building" shall also apply to any building
that in the future may be included on the National and/or State Register
of Historic Places and/or designated as a local landmark by the Town
of Rhinebeck.
Any building designated as a "local landmark" by the Town
Board and referred to in this chapter as an "historic building."
Any building neither identified as a "contributing building"
within the National Register Hudson River National Historic Landmark
District and its predecessor Sixteen Mile District, included within
the Evangelical Lutheran Church of St. Peter, Grasmere and Rock Ledge
National Historic Districts, nor either listed as an individual building,
or part of a building complex, on the National Register of Historic
Places, and/or designated as a "local landmark" by the Town of Rhinebeck.
As applied to either of the terms "demolition" or "removal,"
a change in exterior building mass involving any modification in either
roofline or any reduction in building footprint.
Any relocation of an historic building or portion thereof
within its site or to another site.
As used principally, if not exclusively, within Article V, § 125-56, Lighting regulations, the following terms shall have the meanings indicated:
The angle, measured from the lowest point, between the vertical
axis and the first line of sight at which the bare source of light
is not visible.
Unit of luminous intensity. One candela is one lumen per
steradian. Formerly called the "candle."
Illumination resulting from light emitted directly from a
lamp or luminaire, not light diffused through translucent signs or
reflected from other surfaces such as the ground or building faces.
Unit is erg/sec or watts.
A unit of illuminance amounting to one lumen per square foot.
An outdoor lighting fixture that, by design of the housing,
does not allow any light dispersion or direct glare to shine above
the horizontal plane from the base of the fixture. Fully shielded
fixtures must be installed in a horizontal position as designed, or
the purpose of the design is defeated and direct glare will result.
Line-of-sight contact with a direct light source that causes
annoyance, discomfort, or loss in visual performance and ability.
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct-light-emitting part
of the luminaire.
The emitted or reflected light on a surface. The unit of
measurement for illuminance is footcandle or lux.
Light from an artificial light source that intrudes into
an area where it is not wanted or does not belong. Light trespass
includes glare from direct light, as well as unwanted spill light.
The basic unit of measurement for light. A dinner candle,
for example, puts out about 12 lumens, while a sixty-watt soft white
incandescent bulb puts out 855 lumens. In technical terms, a "unit
of luminous flux"; the flux emitted within a unit solid angle by a
point source with a uniform luminous intensity of one candela. A footcandle
is one lumen per square foot. One lumen per square meter is one lux.
A complete lighting unit consisting of one or more lamps
(light sources), together with the parts designed to control the light
disturbance and other mechanical and electrical components.
A unit of illuminance equal to one lumen per square meter.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
An electrically powered illuminating device or other outdoor
lighting fixture, including all parts used to distribute the light
and/or protect the lamp, permanently installed or portable, used for
illumination or advertisement. Such devices shall include, but are
not limited to, search, spot, flood, and area lighting for, buildings
and structures, recreational areas, parking areas, landscaping, signs
(advertising and other), streets, product display areas, building
overhangs, and open canopies.
An outdoor lighting fixture recessed into a canopy ceiling
so that the bottom of the fixture is flush with the ceiling.
Light shining beyond a facility that is unwanted and which,
because of quantitative, directional, or spectral attributes in a
given context, gives rise to annoyance, discomfort, distraction, or
a reduction in the ability to see essential information.
Any light source that distributes illumination above a ninety-degree
horizontal plane.
A lighting unit designed for direct mounting on building
walls whose primary function is to light building exteriors.
As used principally, if not exclusively, within Article V, § 125-37, Sign regulations, the following terms shall have the meanings indicated:
Any nonrigid material such as fabric or flexible plastic
that is supported by a frame that is attached to an exterior wall.
Any visual message on an awning.
A wall sign or monument sign that is externally lighted by
use of a low level of light shining out from behind solid lettering,
creating a soft glow around the outside of the letters.
An off-premises sign that identifies or communicates a commercial
or noncommercial message related to an activity conducted, or service
rendered, or commodity sold at a location other than where the sign
is located.
A sign with the capability of content change by means of
manual or remote input.
Any fabric, banner, or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision,
or other entity.
Any sign independent of any building but permanently affixed,
by any other means, to the ground; included are monument and post-and-arm
signs.
The height of a freestanding sign shall be measured vertically
from the established average grade directly below the sign or entry
level of the building or structure, whichever is lower, to the highest
point of the sign, including support structures. Elevation added by
artificial beams, mounds or similar forms shall be excluded from the
calculation of average grade.
A sign lighted by or exposed to artificial lighting that
shines through a plastic or other translucent or transparent covering.
Neon signs and other similar signs are considered internally illuminated.
Internally illuminated signs shall not include backlit signs, as defined
herein.
External light used to illuminate a sign.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of a building, generally
designed and constructed to provide protection from the weather.
Any sign attached to, in any manner, or made a part of a
marquee.
A freestanding sign either with a base affixed to the ground
or mounted on short poles no greater than two feet high.
A sign containing copy which does not promote a business,
commodity, service, or entertainment.
A sign which promotes products, services or activities conducted,
sold or offered somewhere other than upon the same premises where
the sign is located.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not permanently affixed to the ground,
a building, structure or another sign. Included are signs displayed
on a parked or moving vehicle or trailer or other vehicle and functioning
primarily as a sign. This definition does not apply to signs or lettering
on buses, taxis, or vehicles operating during the normal course of
business.
A freestanding sign comprised of a vertical post to which
a perpendicular arm is attached and from which the sign hangs.
A sign affixed to trees, other natural vegetation, rocks,
or utility poles.
An establishment's principal sign, i.e., the sign which identifies
the business to passersby.
The face of a building which contains the primary entrance
to the establishment.
A sign attached to a building wall or structure that projects
horizontally or at a right angle more than nine inches from the face
of the building. Such signs shall be securely anchored and shall not
swing or move in any manner.
A freestanding sign with the base of the actual sign area
at least five feet above the ground supported by a vertical pole.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
A sign erected on a roof or extending in height above the
main roofline of the building on which the sign is erected.
A sign which communicates accessory information, e.g., hours
of operation, different products sold.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
from the property line.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out of doors, or
on the exterior of any building, including window signs over two square
feet in area located within three feet of the window surface and intended
to be viewed from the exterior of the building, displaying an advertisement,
announcement notice or name, and includes sign frames, billboards,
signboards, painted wall signs, hanging signs, illuminated signs,
pennants, fluttering devices, projecting signs or ground signs, and
shall include any declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when the same is placed in view of the general
public.
Includes all faces of a sign measured as follows:
When any sign is framed or outlined, all of the area of the
frame or outline shall be included.
Sign measurement shall be based upon the entire area of the
sign with a single continuous perimeter enclosing the extreme limits
of the actual sign surface, not including structural supports if they
are not used for advertising purposes.
The area of a sign consisting of an insignia or other device,
but without background, shall be calculated as the smallest polygon
or circle possible enclosing the insignia.
The area of a window sign consisting only of letters and symbols
affixed or painted on glass shall be calculated as the smallest polygon
or circle possible enclosing all of the letters and symbols.
Any sign that is displayed only for a specified period of
time and is not permanently mounted.
A sign that is painted on or attached directly to the outside
wall of a building, with the face of the sign parallel to the wall
and having a visible edge or border extending not more than nine inches
from the face of the wall.
A sign visible from the exterior of the window but affixed
or painted on glass or other window material in the interior of the
building or structure.
As used principally, if not exclusively, within Article V, § 125-58, Noise regulations, the following terms shall have the meanings indicated:
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network. The level so read is designated
"dBA."
The abbreviation designating the unit of sound level as measured
by a sound level meter using the A-weighting, also known as "dBA."
All references to "decibel" or "db" shall be presumed to mean "dBA"
unless otherwise specified.
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
Any occurrence or circumstances involving actual or imminent
physical trauma or property damage threatened or caused by an emergency
that demands immediate action.
A device or system for abating the sound of escaping gases
of an internal combustion engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans in the Town.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and dBA frequency weighting network.
An instrument, including a microphone, amplifier, an output
meter, and frequency weighting networks for the measurement of noise
and sound levels in a specific manner and which complies with standards
established by the American National Standards Institute (ANSI) specifications
for sound level meters.
