Words and terms stated in the present tense include the future. The singular includes the plural, and the plural includes the singular, unless the context otherwise requires. The masculine gender includes the feminine and neuter genders. The term "shall" is mandatory and not directory, and does not indicate mere futurity, unless the context clearly so requires. The term "house" shall include "home." The terms "Board," "Zoning Board of Appeals," "Planning Board," "Code Enforcement Officer," "Attorney," "Clerk" and other designated boards and officers mean, respectively, such boards and officers of the Town of Austerlitz. The term "person" includes an individual, corporation, partnership, firm or other combination of persons. The term "lot" includes the term "plot." The term "building" shall mean "structure." The terms "occupied" and "used," as applied to any land or building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." Words not herein specifically defined shall have their ordinary dictionary meaning, as in Webster's New International Dictionary. Words and terms that are defined, but not listed in the Allowable Use Groups Chart in § 195-13, shall not be considered permissible uses simply by inclusion in this section.
Unless otherwise expressly stated in this chapter, the following
terms, for the purpose of this chapter, shall have the following meanings:
An accessory facility serves the principle use, subordinate
in area, extent and purpose to the principle use, and is located on
the same lot as the principle use. Examples of such facilities include
transmission equipment and storage sheds, support structures and/or
other transmission and reception devices.
Any building or structure affixed to land or any movable
structure in excess of 120 square feet and is incidental and subordinate
to, and associated with, a permitted use.
Any use which is customarily incidental and subordinate to
a permitted use and located on the same lot and under the same ownership.
An extension or increase in floor area, number of stories
or height of a building or structure.
Practices necessary for the on-farm production, preparation
and marketing of agricultural commodities.
The employment of land, including for the primary purpose
of obtaining a profit in money, for raising, harvesting, and selling
crops, or feeding, including but not limited to grazing, breeding,
managing, selling or producing livestock, poultry, fur-bearing animals
or honeybees, or by dairying and the sale of dairy products, by any
other horticulture, floriculture or viticulture, aquaculture, hydroponics,
silviculture, animal husbandry, or by a combination thereof. It also
includes the employment of land, including for the primary purpose
of obtaining a profit, for stabling or training equines, including
but not limited to providing riding lessons for persons who own or
have a long-term lease from the farm owner for the horse that is boarded
at the farm and used for such activities, training clinics and schooling
shows, including other on-farm niche marketing promotions. It also
includes the mulching of vegetation collected from within the Town.
Any modification or rearrangement to a building, other than
repairs or additions, any modification in construction or in building
equipment or the moving of a building or structure from one location
to another.
A device which transmits and/or receives radio frequencies,
telecommunications signals or electromagnetic waves.
Land in the floodplain subject to a one-percent or greater
chance of flooding in any given year.
A place where artists, artisans, craftsman and other skilled
tradespeople produce custom-made art or craft products.
Any building and/or lot used for the repair and/or servicing
of motor vehicles and any area of land, including structures thereon,
used for such purpose.
Establishment that provides for the removal of a motor vehicle
by towing, carrying, hauling or pushing from public or private property
and which may provide for the temporary storage of motor vehicles.
This shall not include an automotive service use that has a tow truck
and repairs vehicles on site.
Any structure serving as a roof-like cover or shelter, attached
to an exterior wall of any commercial or residential establishment.
A commercial enterprise whose primary activity is the sale
of alcoholic beverages to be consumed on the premises.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The stream discharge from groundwater runoff.
A dwelling having a resident host in a private single-family
home with common dining and leisure rooms and lodging rooms for overnight
accommodation, the rates for which include breakfast and lodging only,
and in which no public restaurant is maintained and no other commercial
services are offered. The bed-and-breakfast establishment shall have
not more than 10 occupants as lodgers in at least three and not more
than five rooms.
A dwelling having a resident host in the primary dwelling
of a private single-family or two-family home in which at least one
and not more than two rooms are provided for overnight accommodation,
the rates for which include breakfast and lodging only, and in which
no public restaurant is maintained. The bed-and-breakfast home shall
not have more than four occupants as lodgers.
Operational guidelines or methods for resource users, usually
established at the state or federal level, to ensure the responsible
management of resources and to mitigate harm to the environment that
might result from their disturbance.
A measure of lumber 12 inches by 12 inches by one inch.
See "structure."
The three-dimensional space within which a structure is permitted
to be built on a lot and which is defined by regulations governing
building setbacks, maximum height, and bulk, by other regulations,
or any combination thereof.
A two-dimensional plan area of a building or structure which
results when the height dimension is removed and which shows an aerial
view of the building or structure, including garages, sheds, porches,
eaves, covered breezeways, entryways and other similar attached appurtenances.
The vertical distance measured from the lowest point of the
existing grade, prior to site disturbance, within five feet of any
primary building footprint, to the uppermost portion of the structure.
"Building height" should not include the foundation, if such foundation
is above ground level when a building is on a slope.
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
[Added 5-18-2017 by L.L.
No. 1-2017]
The point from which all yard requirements are measured and
which is determined by a line formed by the intersection of a horizontal
plane of average grade level and a vertical plane that coincides with
the exterior surface of a building on any side. In the case of a cantilevered
section of a building, the vertical plane will coincide with the most
projected surface.
Living quarters in a building separate from and in addition
to the main residential building on a lot, used for intermittent or
temporary occupancy.
An area to be used for transient occupancy by camping in
tents, camp trailers, travel trailers, motor homes, or similar movable
or temporary sleeping quarters of any kind.
An impervious inlet structure for the collection of stormwater,
equipped with a sump to trap sediment.
Land used or intended to be used by an association, profit
or not-for-profit corporation or a religious entity for the burial
of persons or pets for cemetery purposes.
A silvicultural practice in which most or all trees greater
than two inches diameter breast height (DBH) are harvested from a
site. Clear cuts are generally used to meet identified management
objectives for regenerating specific species of trees (which require
full sunlight), but may also be used to improve wildlife habitat,
salvage storm- or insect-damaged stands or convert poor-quality forest
stands to stands with higher quality stock.
Grouping or concentrating physical structures (buildings)
on lots smaller than those permitted by the existing zoning to preserve
open space without increasing the allowable density of the development.
That Town employee or official appointed by the Town Board
and charged with the responsibility of administering and enforcing
this chapter. This person may also be charged with administering and
enforcing other related regulations pertaining to the development
and the use of land in the Town of Austerlitz.
The construction or reconstruction or clearing, excavating,
grading, filling, draining or conducting of physical operations of
any kind in preparation for, or in pursuance of, construction, reconstruction,
or moving of a road or structure upon a lot.
The principal location of a business engaged in residential
or commercial construction and general contracting; excavation, plumbing,
electrical, landscaping, lawn care or similar business.
See "ridgeline."
A harvestable item, planted, grown and cultivated in the
soil.
An easement allowing access to and from adjacent properties.
Cross-access can be in the form of a driveway or a service drive providing
vehicular access between two or more contiguous sites, so a driver
need not enter the public street system.
A facility which is not a dwelling unit in which care is
provided on a regular basis to three or more people for more than
three hours per day per person as defined in 18 NYCRR Part 418.
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care to seven to 12 people,
as defined in 18 NYCRR Part 416.
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care on a regular basis for
more than three hours a day to three to six people, as defined in
18 NYCRR Part 417.
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial or institutional
construction or alteration.
Any building, construction, expansion, alteration, modification,
demolition or other activity, including land clearing and commercial
timber harvesting in excess of thresholds established herein, land
disturbance, grading, roadway construction or expansion, mining or
mineral extraction, which materially changes the use or appearance
of land or a structure, or the intensity of the use of land, or the
creation of a subdivision which may result in such activity, but not
including interior renovations to a structure, a change in use of
a structure which results in no land disturbance.
Any parcel of property or lot or combination of contiguous
lots which are in common ownership, or which are in diverse ownership
where development is to occur in common. For the purposes of this
chapter, contiguous lands shall include those separated by a public
highway.
The diameter of any tree trunk, measured at 4.5 feet above
existing grade.
A separate, complete dwelling that is contained on the same
lot as the structure of a single-family dwelling unit or commercial
building.
A single building on a single parcel of land consisting of
not less than three and no more than four dwelling units, excluding
time-share dwellings.
A detached building (including a mobile home) of one or more
stories in height, above main grade level, which is designed or used
exclusively as living quarters for one family or household.
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household
that is located above a commercial use.
Use of land where learning in a general range of subjects
is provided, including related support, and accessory uses associated
with the educational purposes of the institution. This definition
includes institutions that provide cultural education, such as museums
and galleries.
To build, construct, alter, display, relocate, attach, hang,
place, suspend or affix any sign; includes the painting of signs on
exterior walls.
The wearing away of the land surface by water, wind or ice
or the detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
Nonresidential buildings or structures directly related to
an agricultural use.
An occasional or periodic market held in an open area or
in a structure where groups of individual sellers offer for sale to
the public such items as fresh produce, seasonal fruits, fresh flowers,
arts and crafts items, and food and beverages (but not to include
secondhand goods) dispensed from booths located on site.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas.
Any number of natural or synthetic materials, including manure,
nitrogen, phosphorous, and potassium compounds, that are added to
the soil to promote the growth of crops.
A business for the production or storage of fertilizer.
Trunks and branches of trees.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source.
A plan that provides for the identification and application
of resource-specific managerial and/or structural best management
practices designed to enhance forest productivity and economic viability,
as well as to mitigate potential adverse environmental impacts of
commercial timber harvesting activities.
A building or structure and lands for the growing of flowers,
fruits, vegetables, plants, shrubs, trees or other similar vegetation,
together with garden accessories, which are sold at retail from such
building or lot to the general public.
Any building or part of a building in which one or more persons
are employed in or conduct the management or direction of an agency,
business, organization, profession, or public administration, but
excludes such uses as retail sale, manufacture, assembly or storage
of goods, or places of assembly and amusement.
Any department, commission, agency, public authority, public
benefit corporation or instrumentality of the United States, New York
State, Columbia County, or Town of Austerlitz.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure, for the primary purpose of producing electricity for on-site
consumption.
[Added 5-18-2017 by L.L.
No. 1-2017]
A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable space.
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they were loaded on a truck to an exit
from the site.
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
saunas and showers, and lockers.
A business or activity engaged in the storage of three or
more trucks having three or more axles, bulldozers, earthmovers, backhoes,
heavy equipment trailers and other similar types of commercial-sized
construction and excavating equipment. This definition does not include
any equipment stored on an active farm and intended for use on the
farm.
See "building height."
An occupation or profession, carried on within a dwelling
unit or an accessory structure that meets the dwelling unit setbacks,
and which is clearly incidental to the use of the dwelling unit for
residential purposes and does not change the character thereof. A
Level 1 home occupation must not exceed the thresholds established
in this chapter.
An occupation or profession, carried on within a dwelling
unit or an accessory structure that meets the dwelling unit setbacks,
and is permitted by special use permit and site plan review in all
districts.
A homeowners' association owns and operates the areas and
facilities common to a development. Membership in a homeowners' association
entitles participating or affected lot owners to the use of certain
commonly used or owned facilities of a development that may include
recreational facilities, roads, parks and/or similar amenities. The
terms of incorporation or agreement provide for the administration
of such common facilities and the rights and liabilities of participating
owners and may include cost sharing of the operation, maintenance
and replacement costs of these facilities and amenities.
A manufacturing or maintenance operation conducted wholly
within one or more buildings where any process is used to alter the
nature, size or shape of articles or raw materials or where articles
are assembled and where said goods or services are consumed or used
at another location. The exterior appearance of the buildings shall
resemble office buildings, and the impacts of the use (noise, fumes,
and vibrations) shall not exceed those typically associated with an
office use.
A commercial facility, resembling in character traditional
residential construction, providing lodging and meals which is characterized
by common dining facilities and a common leisure room available for
use by lodgers and the general public.
Any commercial establishment where four or more dogs, cats,
or other animals over three months of age are kept, raised, sold,
boarded, bred, shown, treated, or groomed.
A nonsustainable practice in which trees and other vegetation
are cleared from a property in preparation for development.
Grading, digging, cutting, scraping, excavating, removing
of soil, placement of fill, paving or otherwise covering, construction,
substantial removal of vegetation, replacement of natural vegetation
with lawn or other man-made vegetation, demolition or other removal
of man-made features, or any activity which bares soil or rock. For
purposes of calculating the square footage affected by any development
in order to determine a project's classification, all affected areas
of the development site shall be considered in aggregate, whether
or not the affected areas are contiguous.
An open or cleared area used for loading logs onto trucks
or used for any general purpose, such as for storing logs or for servicing
equipment.
The proposed use to be made of the affected land as described
in the site plan review application.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
Any installation of a ground-mounted system producing electricity
greater than 150% of on-site electrical usage is considered a large-scale
solar energy system. The electrical usage for on-site consumption
shall be demonstrated from an average of past utility bills of the
preceding 12 months or from an analysis of present and projected future
on-site electrical usage, or both.
[Added 5-18-2017 by L.L.
No. 1-2017]
A public institution with a building containing printed and
pictorial material for public use for purposes of study and reference.
Animals kept for propagation or the creation of products,
for human or animal consumption, or for any purpose, including as
pets, such as but not limited to horses, dairy and beef cattle, pigs,
sheep, goats, deer, llamas, alpacas, emus, ostriches, chickens, ducks,
geese, rabbits, and similar animals and birds.
A membership organization that holds regular meetings and
that may, subject to other regulations controlling such uses, maintain
dining facilities, serve alcohol, or engage in professional entertainment
for the enjoyment of dues-paying members and their guests, as well
as programs for the general public, such as retreats and recreational,
educational, cultural, health, and public-interest-related programs.
See "commercial timber harvesting."
Any residue of trees or of the associated cutting left on
the site after a harvesting operation, including but not limited to
undesirable tree trunks, treetops and litter.
An area of land, all parts of which are owned by the same
person(s) or entities and having definitive boundaries that were established
either by the recording of a deed prior to the first adoption of subdivision
regulations[1] by the Town or by the filing of an approved subdivision
plat, except to the extent that such boundaries may have been altered
by an approved lot line change or such lot may have been combined
with another lot by merger.
The total horizontal area included within lot lines. However,
no part of the area within a public right-of-way may be included in
the computation of lot area.
That portion of a lot which is covered by any material which
prevents absorption of water into the ground.
That portion of the lot abutting the street line. In the
case of a lot that abuts more than one street, the owner may designate
either street line as the lot frontage.
Any line dividing one lot from another.
The mean horizontal distance between the side lot lines,
measured at the building line.
The lowest level, including basement, crawl space or garage,
of the lowest enclosed area.
Any excavation from which a mineral is to be produced for
sale or exchange or for commercial, industrial or municipal use; all
haulageways and all equipment above, on or below the surface of the
ground used in connection with such excavation; and all lands included
in the life of the mine review by the DEC.
Any naturally formed substance located on or below the surface
of the earth, including, but not limited to, sand, gravel, stone,
peat, topsoil, and water.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial, or
construction use, exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange or
for commercial, industrial or municipal use; and the disposition of
overburden, tailings and waste at the mine location. "Mining" shall
not include the excavation, removal and disposition of minerals from
construction projects, exclusive of the creation of water bodies,
or excavations in aid of agricultural activities. For the purposes
of this chapter, mining of less than 100 cubic yards of earth within
12 successive calendar months is not regulated.
All mining which is not defined as mining subject to state
jurisdiction.
All of the earth, vegetation and other materials that lie
above or alongside a mineral deposit.
An operation which results in the mining or proposed mining
of more than 1,000 tons or 750 cubic yards, whichever is less, of
minerals from the earth within 12 successive calendar months.
A movable residential structure, without means of propulsion,
which is installed on a site on a solid fixed foundation. The term
"mobile home" shall not include travel trailers or any self-propelled
recreational vehicle.
Any parcel of land which is planned and improved for the
placement of two or more mobile homes which are used for dwellings
and for occupancy of more than 90 days.
For the purposes of the use restrictions of this chapter,[2] the use of land, building and structures owned by the
Town of Austerlitz and other governmental bodies subject to this chapter.
Any building(s) or part thereof used primarily for the display
of articles that are of either historical or cultural significance.
A lot of record which does not comply with the area, shape,
frontage, or vocational provisions of this chapter for the district
in which it is located.
A structure, including buildings, which does not satisfy
the dimensional requirements of this chapter for the district in which
it is located, but which was not in violation of applicable requirements
when constructed.
Any use lawfully existing prior to or at the time of adoption
or amendment of this chapter or any preceding zoning law or ordinance,
which use is not permitted by or does not conform with the permitted
use provisions of this chapter for the district in which it is located.
An establishment for the growth, display, and/or sale of
plants, shrubs, trees, and materials used in indoor or outdoor planting,
conducted within or without an enclosed building.
A place or establishment used for the organizational or administrative
aspects of a trade or used in the conduct of a business and not involving
the manufacture, storage, display or direct retail sale of goods.
This may include, but is not limited to, offices of salesmen, sales
representatives, insurance brokers, real estate brokers and persons
with similar occupations.
Includes any area that is characterized by natural scenic
beauty or whose condition or quality is such that it will enhance
the present or potential value of surrounding developed lands or enhance
the conservation of natural or scenic resources or preserve the community's
historic character.
The holder of legal title, as well as holders of any equitable
interest, such as trust beneficiaries, contract purchasers, option
holders, and lessees under leases having an unexpired term of at least
10 years.
A lot, as recorded in the Assessor's office, existing in
the Town of Austerlitz on the date of adoption of this chapter.
An off-street, ground-level area for the temporary storage
of motor vehicles.
Any individual, firm, partnership, club, trust, company,
association, cooperative, corporation (including a government corporation),
or Town, state or federal government and any agency thereof.
An establishment primarily engaged in providing services
involving the care of a person or his or her apparel, such as a barbershop
or beauty parlor, shoe repair, dry cleaning, tailoring or dressmaking,
optician, health club, clothing rental shop, photographic studio and
other similar services.
The condition caused by the presence in the environment of
substances of such character and in such quantities that the quality
of the environment is impaired or rendered offensive to life.
Those site conditions which legally existed prior to the
commencement of any activity regulated by this chapter.
A building or structure in which is conducted the main or
primary use of the lot on which said building or structure is located.
Where more than one use is on a lot, the more intense use shall be
considered the main or primary use.
Offices or studios of professional or service occupations
or agencies which benefit from and contribute to an environment of
a semiresidential nature, characterized by low traffic and pedestrian
volumes, lack of distracting, irritating, or sustained noise, and
low density of building developments, including an accountant; appraiser;
architect; engineer; planner; insurance adjuster; landscape architect;
lawyer; consultant; secretarial agency; bonding agency; real estate,
mortgage or title agency; and investment agency.
Any land use or development activity proposed by an applicant
which is subject to this chapter.
Any building, structure, facility or complex used by the
general public, owned or leased by any state, county, or municipal
government agency or instrumentality, including but not limited to
municipal offices and public parking facilities.
Voluntary agencies engaged in providing municipal/government
services which provide for the overall health, safety and general
welfare of the public. Uses include, but are not limited to, fire,
emergency medical, and police services.
An individual who has a degree in forest management, or an
associated forestry discipline, from a Society of American Foresters
accredited, recognized or candidate institution.
A defined area reserved for and specifically designed to
accommodate outdoor sports and outdoor activities, such as, but not
limited to, racquet sports, ice skating, roller-skating, horseback
riding, swimming, baseball, soccer, softball and motorcycle, all-terrain
vehicle, snowmobile and car operations.
Recreation facilities operated as a business and open to
the public.
A public, commercial or noncommercial building, place, site
or field for leisure use where such use may include swimming, tennis,
court games, baseball and other field sports, riding academies, and
playground activities, and excluding mechanical devices.
A defined area reserved for and specifically designed to
accommodate general uses, such as, but not limited to, jogging, biking,
cross-country skiing, walking and recreation trails and paths, picnic
areas and scenic views.
Use of land, buildings and structures by a tax-exempt institution,
a bona fide religious sect or denomination where religious worship
or related activity is conducted.
Energy from resources that are not depletable or are naturally
replenished when used at sustainable levels, such as solar thermal,
photovoltaics, wind power, lake or pond thermal differences, internal
heat of the earth and biomass, provided that, in the case of biomass
plants from wood harvests, the wood is sustainably produced using
practices protective of forest health.
An establishment, including taverns but excluding bars, where
food and drink is prepared, served, and sold.
Any establishment selling goods to the general public for
personal and household consumption.
A facility used for service organizations, business, professional,
educational, or religious meetings, conferences, or seminars limited
to accommodations for attendees. The accommodations can include sleeping,
eating, and recreation.
The elongated crest or series of crests at the apex or the
uppermost point of intersection between two opposite slopes or sides
of a mountain or hill.
A business that offers riding lessons to the public and to
individuals that do not own or have a long-term lease for the horse
that is boarded and used at the facility for such riding.
A solar panel system located on the roof of any legally permitted
building or structure for the primary purpose of producing electricity
for on-site consumption. If the electricity production is more than
what is needed for on-site consumption, the additional electricity
production may be utilized for off-site consumption.
[Added 5-18-2017 by L.L.
No. 1-2017]
A facility where logs are sawn, split, shaved, stripped,
chipped, or otherwise processed to produce wood products, not including
the processing of timber for use on the same lot by the owner or resident
of that lot.
Any building, or part thereof, which is designed, constructed
and used for education or instruction.
A method of harvesting where trees to be cut are selected
and marked via some specified criteria before the harvesting begins.
A structure or structures in which materials, goods, or equipment
is stored, with separate storage units having individual access for
storage of individual personal or business property. Self-storage
operations with several separate structures shall all be considered
together to form one primary structure for the purpose of site plan
review by the Planning Board.
Also known as "assisted elder-family-style living," facilities
that offer a family type of living environment where the residences
are designed to look and feel like a home, rather than like a medical
facility, and blend in architecturally with neighboring homes. The
residences are designed as efficient homes for six to 10 elders, each
of whom has a private room with a private bath and easy access to
all communal areas of the house, including living room area, dining
area, kitchen, laundry, outdoor garden and patio.
The horizontal separation distance from the property line
or, in the case of shoreline property, from the mean high-water mark
to the building line of the structure.
A subordinate structure or building used primarily for storage
purposes, of a height not greater than 15 feet and total square footage
which does not exceed 120 square feet.
Any material, structure, or device composed of lettered or
pictorial matter which is placed for public display of an advertisement,
announcement, notice, commercial symbol, directional matter, or name,
including sign frames, billboards, signboards, painted wall signs,
hanging signs, illuminated signs, pennants, fluttering devices, projected
signs, or ground signs.
The art and science of controlling the establishment, growth,
composition, health, and quality of forests to meet diverse needs
and values.
See "development area."
A trail or rough road used to move a tree from the place
where it was cut to a pile or landing where it is loaded onto a truck.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy, not including
building-integrated photovoltaic systems.
[Added 5-18-2017 by L.L.
No. 1-2017]
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
[Added 5-18-2017 by L.L.
No. 1-2017]
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 5-18-2017 by L.L.
No. 1-2017]
An authorization of a particular land use which is permitted
subject to requirements imposed herein to ensure that the proposed
use is in harmony with this chapter and will not adversely affect
the neighborhood if such requirements are met.
A cut pile of wood measuring four feet by four feet by eight
feet.
Water produced by precipitation, including snowmelt, which
does not evaporate and which flows over a natural or human-made surface
or into a natural or human-made channel.
A body of running water flowing continuously or intermittently
in a channel on the surface of the ground.
The location of the mean high-water level of a stream.
A stream, together with adjacent upland areas that support
protective bands of vegetation that line the water's edge.
A static construction of building materials affixed to the
ground, such as a building, dam, display stand, fence, gasoline pump,
installed mobile home or trailer, reviewing stand, shed sign, stadium,
storage bin or wall.
A division of any land into two or more lots, parcels or
sites, whether the new lots are adjoining or not, for the purpose
of sale, lease, license or any form of separate ownership or occupancy
by any person, including the conveyance of lands in common ownership
which are divided only by a road or utility right-of-way. Creation
of a condominium or townhouse project shall be considered a subdivision.
Structures on which transmitting and/or receiving antennae
are located.
A building or part of a building devoted to showing motion
pictures or for dramatic musical or live performances and which may
include dinner theaters.
A selective cutting or deadening of trees in an immature
stand of trees for the purpose of upgrading the quality and/or growth
of the trees left.
The cutting and removal of trees from their growing site,
and the attendant operation of cutting and skidding machinery, but
not the construction or creation of roads.
Timber harvesting activity on any parcel, or group of parcels
under the same ownership, that fells trees whose volume in any consecutive
twelve-month period is greater than 30 standard cords of wood or 15,000
board feet of timber as measured by the International Log Rule.
The Town of Austerlitz.
A grant of relief from the requirements of this chapter.
A building or part of a building for storing of goods, wares
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse; includes a wholesale business
for shipping/receiving.
Any lake, pond, river, stream, intermittent stream or wetland.
All areas that comprise hydric soils and/or are inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that, under normal circumstances, do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs,
vernal pools, and similar areas.
An alternate energy device which converts wind energy, by
means of a rotor, to mechanical or electrical energy. A wind generator
may also be deemed a windmill.
An open, unoccupied space on the same lot with a building
or structure.
An open, unoccupied space on the same lot with the principal
building, between the front line of the principal building and the
front line of the lot, and extending the full width of the lot.
An open space on the same lot with the principal building,
between the rear line of the principal building and the rear line
of the lot, and extending the full width of the lot.
An open, unoccupied space on the same lot with the principal
building, situated between the sideline of the lot and the adjacent
sideline of the lot, and extending from the rear line of the front
yard to the front line of the rear yard.
