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Town of Austerlitz, NY
Columbia County
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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:
ACCESSORY FACILITY
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.
ACCESSORY STRUCTURE
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.
ACCESSORY USE
Any use which is customarily incidental and subordinate to a permitted use and located on the same lot and under the same ownership.
ADDITION
An extension or increase in floor area, number of stories or height of a building or structure.
AGRICULTURAL PRACTICES
Practices necessary for the on-farm production, preparation and marketing of agricultural commodities.
AGRICULTURAL USE
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.
ALTERATION
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.
ANTENNA
A device which transmits and/or receives radio frequencies, telecommunications signals or electromagnetic waves.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain subject to a one-percent or greater chance of flooding in any given year.
ARTIST STUDIO/CRAFT WORKSHOP
A place where artists, artisans, craftsman and other skilled tradespeople produce custom-made art or craft products.
AUTOMOTIVE REPAIR STATION
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.
AUTOMOTIVE TOWING SERVICE
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.
AWNING
Any structure serving as a roof-like cover or shelter, attached to an exterior wall of any commercial or residential establishment.
BARS
A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOW
The stream discharge from groundwater runoff.
BED-AND-BREAKFAST ESTABLISHMENT
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.
BED-AND-BREAKFAST HOME
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.
BEST MANAGEMENT PRACTICES (BMPs)
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.
BOARD FOOT
A measure of lumber 12 inches by 12 inches by one inch.
BUILDING
See "structure."
BUILDING ENVELOPE
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.
BUILDING FOOTPRINT
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.
BUILDING HEIGHT
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.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
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]
BUILDING LINE
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.
CABINS/COTTAGES
Living quarters in a building separate from and in addition to the main residential building on a lot, used for intermittent or temporary occupancy.
CAMPGROUND
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.
CATCH BASIN
An impervious inlet structure for the collection of stormwater, equipped with a sump to trap sediment.
CEMETERY
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.
CLEAR-CUTTING
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.
CLUSTERING
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.
CODE ENFORCEMENT OFFICER
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.
COMMENCEMENT OF WORK
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.
CONSTRUCTION AND LAWN CARE BUSINESSES
The principal location of a business engaged in residential or commercial construction and general contracting; excavation, plumbing, electrical, landscaping, lawn care or similar business.
CREST OF A HILL
See "ridgeline."
CROPS
A harvestable item, planted, grown and cultivated in the soil.
CROSS-ACCESS EASEMENT
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.
DAY-CARE CENTER
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.
DAY CARE, FAMILY GROUP
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.
DAY-CARE HOMES, FAMILY
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.
DEVELOP LAND
To change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial or institutional construction or alteration.
DEVELOPMENT
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.
DEVELOPMENT AREA OR SITE
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.
DIAMETER/DIAMETER BREAST HEIGHT (DBH)
The diameter of any tree trunk, measured at 4.5 feet above existing grade.
DWELLING, ACCESSORY UNIT
A separate, complete dwelling that is contained on the same lot as the structure of a single-family dwelling unit or commercial building.
DWELLING, MULTIFAMILY
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.
DWELLING, SINGLE-FAMILY
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.
DWELLING, TWO-FAMILY
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.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family or household.
DWELLING, UPPER-FLOOR APARTMENT
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.
EDUCATIONAL 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.
ERECT
To build, construct, alter, display, relocate, attach, hang, place, suspend or affix any sign; includes the painting of signs on exterior walls.
EROSION
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.
FARM BUILDING
Nonresidential buildings or structures directly related to an agricultural use.
FARMERS' MARKET
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.
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
FERTILIZER
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.
FERTILIZER PLANTS
A business for the production or storage of fertilizer.
FIREWOOD
Trunks and branches of trees.
FLOOD
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.
FOREST MANAGEMENT PLAN
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.
GARDEN CENTER
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.
GENERAL OFFICE
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.
GOVERNMENT OFFICE OR AGENCY
Any department, commission, agency, public authority, public benefit corporation or instrumentality of the United States, New York State, Columbia County, or Town of Austerlitz.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
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]
HABITABLE SPACE
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.
HAUL ROADS
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.
HEALTH CLUB
An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas and showers, and lockers.
HEAVY EQUIPMENT YARD
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.
HEIGHT
See "building height."
HOME OCCUPATION, LEVEL 1
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.
HOME OCCUPATION, LEVEL 2
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.
HOMEOWNERS' ASSOCIATION (HOA)
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.
INDUSTRY, LIGHT
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.
INN
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.
KENNEL
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.
LAND CLEARING
A nonsustainable practice in which trees and other vegetation are cleared from a property in preparation for development.
LAND DISTURBANCE
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.
LANDINGS
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.
LAND USE OBJECTIVE
The proposed use to be made of the affected land as described in the site plan review application.
LARGE-SCALE SOLAR ENERGY SYSTEM
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]
LIBRARY
A public institution with a building containing printed and pictorial material for public use for purposes of study and reference.
LIVESTOCK
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.
LODGE or CLUB
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.
LOGGING OPERATION
See "commercial timber harvesting."
LOGGING SLASH AND DEBRIS
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.
LOT
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.
LOT AREA
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.
LOT COVERAGE
That portion of a lot which is covered by any material which prevents absorption of water into the ground.
LOT FRONTAGE
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.
LOT LINE
Any line dividing one lot from another.
LOT WIDTH
The mean horizontal distance between the side lot lines, measured at the building line.
LOWEST FLOOR
The lowest level, including basement, crawl space or garage, of the lowest enclosed area.
MINE
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.
MINERAL
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.
MINING
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.
MINING NOT SUBJECT TO STATE JURISDICTION
All mining which is not defined as mining subject to state jurisdiction.
MINING, OVERBURDEN
All of the earth, vegetation and other materials that lie above or alongside a mineral deposit.
MINING SUBJECT TO STATE JURISDICTION
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.
MOBILE HOME
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.
MOBILE HOME PARK
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.
MUNICIPAL USE
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.
MUSEUM
Any building(s) or part thereof used primarily for the display of articles that are of either historical or cultural significance.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
NURSERY/GREENHOUSE
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.
OFFICE 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.
OPEN SPACE
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.
OWNER
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.
PARENT PARCEL
A lot, as recorded in the Assessor's office, existing in the Town of Austerlitz on the date of adoption of this chapter.
PARKING LOT
An off-street, ground-level area for the temporary storage of motor vehicles.
PERSON
Any individual, firm, partnership, club, trust, company, association, cooperative, corporation (including a government corporation), or Town, state or federal government and any agency thereof.
PERSONAL SERVICE BUSINESS
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.
POLLUTION
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.
PREDEVELOPMENT
Those site conditions which legally existed prior to the commencement of any activity regulated by this chapter.
PRINCIPAL BUILDING
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.
PROFESSIONAL OFFICE
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.
PROJECT
Any land use or development activity proposed by an applicant which is subject to this chapter.
PUBLIC BUILDING
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.
PUBLIC SAFETY USE
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.
QUALIFIED FORESTER
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.
RECREATION, ACTIVE
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.
RECREATIONAL BUSINESS
Recreation facilities operated as a business and open to the public.
RECREATION FACILITY
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.
RECREATION, PASSIVE
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.
RELIGIOUS INSTITUTION
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.
RENEWABLE ENERGY SOURCES
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.
RESTAURANT
An establishment, including taverns but excluding bars, where food and drink is prepared, served, and sold.
RETAIL BUSINESS
Any establishment selling goods to the general public for personal and household consumption.
RETREAT OR CONFERENCE CENTER
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.
RIDGELINE
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.
RIDING ACADEMY
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.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
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]
SAWMILL
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.
SCHOOL
Any building, or part thereof, which is designed, constructed and used for education or instruction.
SELECTIVE CUTTING
A method of harvesting where trees to be cut are selected and marked via some specified criteria before the harvesting begins.
SELF-STORAGE FACILITY
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.
SENIOR HOUSING
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.
SETBACK
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.
SHED
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.
SIGN
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.
SILVICULTURE
The art and science of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.
SITE
See "development area."
SKID TRAIL
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.
SOLAR ENERGY EQUIPMENT
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]
SOLAR ENERGY SYSTEM
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]
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
[Added 5-18-2017 by L.L. No. 1-2017]
SPECIAL USE PERMIT
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.
STANDARD CORD
A cut pile of wood measuring four feet by four feet by eight feet.
STORMWATER
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.
STREAM
A body of running water flowing continuously or intermittently in a channel on the surface of the ground.
STREAM BANK
The location of the mean high-water level of a stream.
STREAM CORRIDOR
A stream, together with adjacent upland areas that support protective bands of vegetation that line the water's edge.
STRUCTURE
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.
SUBDIVISION
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.
TELECOMMUNICATIONS TOWERS
Structures on which transmitting and/or receiving antennae are located.
THEATER
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.
THINNING
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.
TIMBER HARVESTING
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, COMMERCIAL
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.
TOWN
The Town of Austerlitz.
VARIANCE
A grant of relief from the requirements of this chapter.
WAREHOUSE
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.
WATER BODY
Any lake, pond, river, stream, intermittent stream or wetland.
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.
WIND TURBINE
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.
YARD
An open, unoccupied space on the same lot with a building or structure.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
[1]
Editor's Note: See Ch. 167, Subdivision of Land.
[2]
Editor's Note: See Art. IV, Use Regulations, of this chapter.