In the following definitions, where two words are separated by a
slash mark (/), they shall have the same meaning.
ACCESSORY APARTMENT
A dwelling unit occupying the lesser of 800 square feet or
30% of the floor space of an owner-occupied single-family dwelling,
a dwelling unit no larger than 800 square feet located in an accessory
structure on an owner-occupied residential property, or a dwelling
unit no larger than 800 square feet located in a structure on a property
not used for residential purposes.
ACCESSORY STRUCTURE
A structure detached from and subordinate to a principal
building on the same lot, with less than 1/2 of the floor space of
the principal building, and which is used for purposes customarily
incidental to those of the principal building or use, including parking,
storage, recreation, home occupation, and accessory apartment. Barns
and structures used for agriculture, whether or not used for housing
animals, shall not be subject to the limitation to 1/2 of the floor
space of the principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building, and located on the same lot, on adjoining lots, or on lots that face each other across a street. (See §
175-10D.)
ADULT ENTERTAINMENT USE
Any use constituting an adult bookstore, adult motion-picture theater, adult motel, adult entertainment cabaret, or adult massage establishment as those terms are defined in §
175-48B.
AGRICULTURAL DATA STATEMENT
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which a subdivision is proposed, as provided in § 305-a
of the Agriculture and Markets Law. An agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district that contains farm operations and is located within 500 feet
of the boundary of the property upon which the project is proposed;
and a tax map or other map showing the site of the proposed project
relative to the location of farm operations identified in the agricultural
data statement.
AGRICULTURE
The commercial use of land and structures for the production,
preservation, nonindustrial processing, storage, and sale of agricultural
commodities such as crops, plants, flowers, vines, trees, sod, shrubs,
livestock, honey, Christmas trees, compost, poultry, or dairy products,
not including agricultural industry or farms primarily for the disposal
of offal or garbage. Commercial horse boarding operations, as defined
herein, and the raising or breeding of horses are agricultural uses,
distinguished from the business use of teaching or training people
to ride a horse. (See "riding academy.") A produce sales facility
not exceeding 800 square feet in footprint area and a riding academy
operated in conjunction with a farm operation (as defined herein)
shall be deemed to be agricultural accessory uses. Agricultural activities
on residential parcels of less than seven acres shall be deemed to
be not agriculture, but a residential accessory use.
ALTERATION
As applied to a structure, a change to or rearrangement of
the structural parts or exterior appearance of such structure, or
any expansion thereof, whether by extension of any side or by any
increase in height, or the moving of such structure from one location
to another.
APPLICANT
Any person, corporation, or other entity applying for a building
permit, certificate of occupancy, special permit, site plan or subdivision
approval, variance, or zoning amendment.
ART GALLERY
A building in which the principal use is the display of original
works of art, whether for sale or not, and whether open to the public
or for private use and enjoyment. Art galleries may be used to host
gatherings for purposes related to the works of art on display, whether
promotional, scholastic or as a fundraiser. Permitted accessory uses
for art galleries shall include a cafeteria not exceeding 10% of the
total square footage of the building housing the art gallery and a
gift shop not exceeding 10% of the total square footage of the building
housing the art gallery.
[Added 1-3-2019 by L.L.
No. 1-2019]
ASSISTED LIVING FACILITY
A residential care facility providing residential units accompanied
by services for housekeeping, personal care, recreation, and food.
AUTOMOBILE SERVICE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles, and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning, servicing, or repairing such
motor vehicles, including auto body shops.
BED-AND-BREAKFAST
A dwelling in which overnight accommodations not exceeding
five bedrooms and breakfast are provided for transient guests for
compensation. A bed-and-breakfast must be the primary residence of
the owner/proprietor.
BUILDABLE LAND
That portion of a lot which is suitable for building structures
and locating septic disposal facilities, i.e., all land excluding
wetlands and watercourses, slopes of 20% or greater, and flood hazard
areas as mapped on the Federal Emergency Management Agency's Flood
Insurance Rate Map.
BUILDING
A structure having a roof supported by columns or walls for
the shelter, support, or enclosure of persons, animals, or property.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished lot grade measured at ten-foot intervals around the perimeter of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height between the eaves and ridge of a gable, hip, or gambrel roof. If an applicant for a building permit has raised the finished grade above the natural grade by more than five feet or has raised the finished grade without first obtaining a zoning permit pursuant to §
175-34F (if required), building height shall be measured from the mean average natural grade of the building site.
BUILDING, PRINCIPAL
A building or structure containing the principal use of the
lot on which it is located.
CAMP
Any area of land containing recreation facilities and which
may contain cabins, tents, recreational travel vehicles, shelters,
or accommodations used for what is commonly known as a "tent camp,"
"RV park" or "overnight camp," or otherwise designed for seasonal
or other temporary recreational and living purposes occupied by adults,
children, or any combination of individuals, families, or groups.
Where a camp falls within the definition of "institutional use," it
shall be deemed to be an institutional use. Day camps not sponsored
by or held on the premises of schools or religious institutions are
deemed to be camps as defined herein. The recreational use of private
property for personal use by owners, lessees, or their guests is not
a camp as defined herein, and shall be considered to be an accessory
use to a residence.
CEMETERY
Land used or intended to be used for the burial of dead human
beings and dedicated for such purpose, including columbariums, mausoleums,
and mortuaries when operated as part of a cemetery and within its
boundaries, but excluding crematoria.
CHANGE OF USE
The initiation of a use that is in a different use category,
as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category on the Use Table, shall not be considered a change of use. See §
175-10F.
CHARITABLE USE
A use operated by a not-for-profit corporation or association
organized for charitable purposes, including but not limited to education,
social welfare, environmental conservation, scientific research, cultural
enrichment, and the arts.
CLEARCUTTING
A method of harvesting which removes 75% or more of trees
six inches in diameter or greater at breast height (4 1/2 feet)
in an area of 1,000 square feet of land.
CLUB, MEMBERSHIP
Premises used by a not-for-profit organization catering exclusively
to members and their guests for social, recreational, athletic, or
similar purposes.
CODE ENFORCEMENT OFFICIAL/ZONING ADMINISTRATIVE OFFICER
The Town official charged with the administration and enforcement of this chapter and/or Chapter
62 of the Philipstown Town Code. As used in this chapter, "Code Enforcement Official" shall generally apply to the official responsible for the issuance of building permits and "Zoning Administrative Officer" shall apply to the official responsible for issuing zoning permits and interpreting and administering this chapter. The offices of Code Enforcement Official and Zoning Administrative Officer may be held by the same person or persons, or may be held by different persons.
COLLOCATION
The addition of communications equipment to any existing
or approved communications tower or tall structure by any persons,
corporations, firms, associations, or entities.
COMMERCIAL HORSE BOARDING OPERATION
An agricultural enterprise, consisting of at least seven
acres and boarding at least 10 horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
either through the boarding of horses or through the production for
sale of crops, livestock, and livestock products, or through both
such boarding and such production.
COMMON DRIVEWAY
A driveway serving no more than four lots, owned in common
or created by reciprocal easements.
COMMUNICATIONS TOWER
Any structure owned or operated for commercial purposes which
is capable of receiving and/or transmitting signals for the purpose
of communication.
COMPLETE APPLICATION
An application for a special permit, site plan, or subdivision
approval, zoning amendment, or variance, found by the reviewing board
to satisfy all information requirements of this chapter and of the
New York State Environmental Quality Review Act, for which either
a negative declaration has been issued or a draft environmental impact
statement has been accepted as satisfactory pursuant to 6 NYCRR § 617.8(b)(1).
COMPREHENSIVE PLAN
The Comprehensive Plan or Master Plan adopted by the Town
Board for the future preservation and development of the Town of Philipstown
pursuant to § 272-a of the Town Law, including any part
of such plan separately adopted and any update or amendment to such
plan.
CONDOMINIUM
A system of ownership of dwelling units, either attached
or detached, established pursuant to the Condominium Act of the State
of New York (Art. 9-B of the Real Property Law), in which the apartments
or dwelling units are individually owned.
CONFORMITY/CONFORMING
Complying with the use, density, dimensional, and other standards
of this chapter, or permitted to deviate therefrom by special permit,
site plan approval, or variance.
CONGREGATE SENIOR CITIZEN HOUSING
Development for housing persons 55 and over in which residents
live in separate bedrooms and have shared facilities for cooking,
dining, recreation, and community activities.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance
with the provisions of Article 49, Title 3, of the Environmental
Conservation Law or § 247 of the General Municipal Law,
for the purposes of conservation of open space, agricultural land,
and natural, cultural, historic, and scenic resources.
CONSTRUCTION TRAILER
A mobile home unit used for nonresidential purposes associated
with on-site construction.
CONVENTIONAL SUBDIVISION
A land subdivision other than conservation subdivision or
open development area (ODA) subdivision.
CRAFT WORKSHOP
A place where artists, artisans, craftsmen, and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metalwork, musical instruments, paintings, pottery, sculpture,
toys, and weaving. A craft workshop with more than six regular full-time
equivalent employees or other staff is considered to be "light industry."
DAY CAMP
Land and structures, tents, and vehicles, occupied on a scheduled
basis at any time between June 1 and September 15 in any year by children
under 16 years of age, under general supervision, for organized outdoor
and indoor group activities, where no provision is made for overnight
occupancy by such children. Day camps sponsored by or held on the
premises of schools or religious institutions are deemed to be educational
or religious uses, respectively, as defined herein. Other day camps
are deemed to be camps as defined by this section.
DAY-CARE CENTER
A service business for the care of preschool children and/or
for before-school and after-school care of school-age children, or
for daytime care of adults. A day-care center does not provide overnight
occupancy for such children or adults. When such a facility is operated
by a public or private not-for-profit school or institutional use,
it shall be deemed to be an educational use rather than a service
business.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to construction or alteration of buildings
or other structures, as well as mining, dredging, filling, paving,
excavations, or drilling operations.
DRIVEWAY
A private way providing vehicular access from a public or
private road to a residence or to a commercial or noncommercial establishment.
DWELLING
A building designed or used exclusively as living quarters
for one or more families.
DWELLING, MULTIFAMILY
A building containing separate living units for three or
more families, including apartment buildings, rowhouses, townhouses,
regardless of the form of ownership (condominium, fee simple, rental).
DWELLING, SINGLE-FAMILY
A detached building designed for the use of one family, in
which not more than three boarders may be sheltered and/or fed for
compensation.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
EDUCATIONAL USE
A use of land for the primary purpose of providing educational
services to children or adults, including but not limited to primary
and secondary schools, nursery schools, colleges and universities,
vocational schools, certain day camps as described under the definition
of "camp," and facilities designed to provide instruction in any recognized
skill or vocation.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
EXCAVATION
The removal of any combination of earth, topsoil, rock, gravel,
sand, clay, muck, or other natural deposits.
FAMILY
One or more persons living together as a single nonprofit
housekeeping unit, using all rooms and housekeeping facilities of
a dwelling unit in common and doing their cooking on the premises,
as distinguished from a group occupying a boardinghouse or rooming
house or lodging facility.
FARM OPERATION
Land used in agricultural production, farm buildings, equipment,
and farm residential buildings.
FENCE
A structure or partition erected for the purpose of enclosing
a piece of land or to divide a piece of land into distinct portions
or to separate two contiguous properties.
FILLING
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds, wetlands or watercourses.
FLAG LOT
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same road as such lot,
and having access to the road via a strip of land that does not have
the minimum road frontage ordinarily required in the land use district.
FLOODPLAIN
That portion of a watercourse adjacent to the channel of
the watercourse which is built of sediments deposited during the present
regimen of the watercourse and is covered with water when the watercourse
overflows its banks at flood stage, such as but not limited to those
mapped by the Federal Emergency Management Agency (FEMA) located along
Clove Creek, Foundry Brook, Canopus Creek, and the Hudson River.
FLOOR SPACE/FLOOR AREA
The sum of the areas of habitable or commercially usable
space on all floors of a structure, including the interior floor area
of all rooms (including bathrooms and kitchens), closets, pantries,
hallways that are part of a dwelling unit or inside a commercial building,
including habitable finished basements but excluding cellars or unfinished
basements.
FOOTPRINT
Area of the ground covered by a structure, including the
foundation and all areas enclosed by exterior walls and footings and
covered by roofing. In the case of party-wall buildings, each unit
shall be considered a separate structure for purposes of measuring
footprint area.
FORESTRY
Use or management, including timber harvesting, of a forest,
woodland, or tree plantation, and related research and educational
activities, including the construction, alteration, or maintenance
of roads, skidways, landings, fences, forest drainage systems, barns,
sheds, garages, and research, educational, or administrative buildings
or cabins directly and customarily associated with forestry use.
FRONT
The side of a building or structure parallel to and closest
to a road or street. On a corner lot, both sides of a building facing
the street shall be considered the front.
GARAGE
A nonhabitable accessory structure or a portion of a building, used for the storage of vehicles and/or other items, which may be attached or detached from the principal building. A garage structure may have a habitable accessory apartment above the ground level. (See §
175-10D.)
GAZEBO
An unenclosed structure not exceeding 12 feet in height without
solid walls, screens, electricity, or plumbing.
GLARE
Spillover of artificial light beyond the area intended for
illumination in a manner which either impairs vision or beams light
onto adjoining properties or toward the sky.
GRADING
The alteration of the slope of surface or subsurface conditions of land, lakes, ponds, wetlands, or watercourses by excavation or filling. (See also §
93-4 of the Town Code.)
GREEN ROOF
A roof on which at least 75% of the surface area is covered
with vegetation.
HAZARDOUS SUBSTANCE/MATERIAL
Includes any of the following:
(2)
Any substance or combination of substances designated as a hazardous
substance under § 311 of the Federal Water Pollution Control
Act (33 U.S.C. § 1321)
(3)
Any substance listed by the NYS DEC which, because of its quantity,
concentration, or physical, chemical, or infectious characteristics,
may cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or pose a substantial present or potential hazard to human
health or the environment when improperly stored or otherwise managed.
HAZARDOUS WASTE
All materials or chemicals listed as hazardous wastes pursuant
to Article 27 of the Environmental Conservation Law (ECL), and all
toxic pollutants as defined in Subdivision 19 of § 17-0105
of the ECL.
HEALTH CARE FACILITY
A hospital, nursing home, medical clinic, or office building
for four or more doctors and other medical personnel.
HEAVY INDUSTRY
Manufacture, assembly, treatment, processing, or packaging
of products in a manner that emits or is likely to emit objectionable
levels of smoke, noise, dust, odor, glare, water pollution, or vibration
beyond the property boundaries.
HOME OCCUPATION
An occupation, trade, profession, or other business activity
resulting in a product or service for compensation, conducted wholly
or partly in a dwelling unit or accessory structure.
HOTEL
See "lodging facility."
IMPERVIOUS/IMPERVIOUS SURFACE
Any roofed or other solid structure or material covering
the ground through which water does not readily penetrate, including
but not limited to concrete, oil and stone, tar or asphalt pavement,
or compacted soil or gravel. Regardless of the construction materials,
any area which is used for driveway or parking purposes, including
disturbed grass, ground cover, or dirt, shall be considered impervious.
A deck with spaced boards at least 1/8 inch apart, a swimming pool
surface, and a patio with a permeable paving system shall not be considered
impervious.
IMPERVIOUS/IMPERVIOUS SURFACE COVERAGE
The ratio between impervious surface and total land area
of a lot, excluding wetlands, watercourses, floodplains, naturally
impervious surfaces such as rock outcroppings, and slopes of 20% or
greater, expressed as the percentage of land covered by impervious
surfaces. For purposes of calculating impervious surface coverage,
no more than 100 feet of a driveway or access road shall be counted.
The remainder of a driveway or access road shall be excluded from
both the total land area and impervious surface calculations.
INSTITUTION/INSTITUTIONAL USE
The use of at least 20 acres of land by a not-for-profit
organization for educational, recreational, artistic, religious, spiritual,
scientific, land conservation, health care, or community service programs,
including but not limited to summer camps, historic sites, religious
retreat centers, monasteries, not-for-profit conference centers, research
institutes, conservation organizations, nature preserves, hospitals,
schools, and demonstration farms. Where such uses occupy less than
20 acres of land, they shall be classified in the most appropriate
way according to the Use Table. Facilities for the education, treatment, incarceration,
punishment, or rehabilitation of persons with criminal records shall
not be considered institutional uses for purposes of this definition.
INTERIOR ROAD
A road constructed off of an existing public street that
provides access to the interior of a parcel.
JUNKYARD
See Chapter
107 of the Code of the Town of Philipstown for definition.
KENNEL
Any establishment, including cages, dog runs, and structures,
wherein more than four dogs which are over six months of age are harbored,
bred, or boarded producing a gross income of $150 or more annually.
LAND DISTURBANCE
Excavation, grading, filling, clearcutting, construction
of roads or buildings, or any other alteration of natural land contours
and vegetation on more than 2,000 square feet of undeveloped land,
excluding agricultural activities, landscaping activities, and selective
cutting of vegetation for the creation of trails for nonmotorized
recreation. Land disturbance includes site preparation, consisting
of the removal of vegetation and/or the excavation, filling, grading,
or removal of earth, soil or rock, or retaining structures, whether
by labor, machine, or explosive. Land disturbance is deemed to continue
until the area of disturbance is returned to its original state or
to a state complying with a permit for such disturbance granted in
accordance with the Code of the Town of Philipstown or complying with
standards for completion of a land disturbance in accordance with
such Code.
LIGHT INDUSTRY
Manufacture, assembly, treatment, processing, or packaging
of products that does not emit objectionable levels of smoke, noise,
dust, odor, glare, or vibration beyond the property boundaries.
LODGING FACILITY
A hotel, motel, inn, or other establishment providing sleeping
accommodations for transient guests, with or without a dining room
or restaurant, excluding bed-and-breakfast establishments.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
roads.
LOT LINES
The property lines that bound a lot as defined herein.
LOT OF RECORD
Any lot which has been established as such by plat, survey
record, or deed prior to the date of this chapter as shown on the
records in the office of the County Clerk.
LOT/PARCEL
An area of land with definite boundaries, all parts of which
are owned by the same person(s) or entities, the boundaries of which
were established by the filing of an approved subdivision plat or
by the recording of a deed prior to the adoption of Subdivision Regulations
of the Town of Philipstown on June 17, 1968. A lot may also exist
if it was established by the recording of a deed after the adoption
of Subdivision Regulations of the Town of Philipstown if the Subdivision
Regulations then in effect did not require subdivision approval for
the creation of the lot or parcel. The property owner shall have the
burden of proving that the Subdivision Regulations in effect at the
time the lot was created did not require subdivision approval for
such lot.
[Amended 10-3-2013 by L.L. No. 6-2013]
LOT, THROUGH
A lot which faces on two streets at opposite ends of the
lot, which is not a corner lot.
MAJOR PROJECT
A proposed use that requires a special permit or site plan approval and that exceeds any of the thresholds for a minor project. See §
175-61.
MEMBERSHIP CLUB
Premises used by a not-for-profit organization catering exclusively
to members and their guests for social, recreational, athletic, or
similar purposes.
MINOR PROJECT
A use or combination of uses on a lot or a series of adjoining
lots that requires either site plan review or a special permit and
that, over a five-year period, does not exceed any of the following
thresholds:
(1)
Construction of four multifamily dwelling units or a lodging
facility with six bedrooms.
(2)
Construction of facilities or structures for a nonresidential
use covering 3,000 square feet of building footprint.
(3)
Alteration of existing structures or expansion of such structures
by 1,000 square feet.
(4)
Conversion of existing structures totalling 5,000 square feet
to another use.
(5)
Alteration and active use of 10,000 square feet of land, with
or without structures (excluding soil mining).
(6)
Construction of a structure that is 50 feet or higher above
average grade level.
MIXED USE
Any combination of residential, commercial, or industrial
uses on the same lot or in the same building.
MOBILE HOME
A transportable living unit used or designed to be used year
round as a permanent residence and containing the same types of water
supply, waste disposal, and electrical systems as immobile housing.
Recreational vehicles designed to be driven or towed by an automobile
or pickup truck, units designed for use principally as a temporary
residence, or prefabricated, modular, or sectionalized houses transported
to and completed on a site are not considered to be mobile homes.
MOBILE HOME PARK
Any court, park, place, lot, or parcel under single ownership
which is improved for the placement of two or more mobile homes to
be used as permanent residences.
MUNICIPAL USE
Any use conducted by the Town of Philipstown or any department
or agency of the Town of Philipstown, or any school district within
the Town of Philipstown. Uses located within the zoning jurisdiction
of the Town of Philipstown and owned or operated by another municipality,
including the Villages of Cold Spring and Nelsonville, shall be deemed
not to be municipal uses.
MUSEUM
A building in which the principal use is the housing of objects
of artistic, historical, scientific, or cultural interest for the
purposes of display, conservation, research, and/or study, whether
open to the public or for private use and enjoyment. Museums may be
used to host gatherings for purposes related to the objects housed
within the museum, whether promotional, scholastic or as a fundraiser.
Permitted accessory uses for museums shall include a cafeteria not
exceeding 10% of the total square footage of the building housing
the museum and a gift shop not exceeding 10% of the total square footage
of the building housing the museum.
[Added 1-3-2019 by L.L.
No. 1-2019]
NATURAL RESOURCES REVIEW OFFICER
A Town employee or consultant appointed to review development
applications for compliance with Town environmental regulations, including
but not limited to wetlands, steep slopes, and conservation analysis
requirements of zoning. This position may be held by an official with
other duties, such as Wetlands Inspector, Town Planner, or Town Engineer.
NONCONFORMING LOT
A lot of record which was created legally but which no longer
complies with the area, shape, frontage, or locational provisions
of this chapter for the district in which it is located.
NONCONFORMING STRUCTURE
A structure which does not satisfy the dimensional requirements
of this chapter for the district in which it is located, but which
was not in violation of applicable requirements when constructed.
NONCONFORMING USE
Any use lawfully existing at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, where such use has continued but is not permitted by or does not conform with the use regulations of this chapter for the district in which it is located. A preexisting lawful use which is allowed only by special permit under this chapter shall be considered a conforming use unless it fails to comply with the site plan standards of Article
IX.
OFFICE
A workplace in which manufacturing processes, retail sales,
construction, and warehousing do not occur on the premises, including
but not limited to professional offices for attorneys, accountants,
health care practitioners, architects, engineers, surveyors, consultants,
sales representatives, real estate brokers, and financial planners.
Office also includes business offices that support or manage manufacturing,
retailing, construction, and warehousing, as well as research laboratories
and other facilities in which research activities are conducted. An
office that is operated in connection with another primary use on
the Use Table shall be considered accessory to that primary use and
not a separate use.
OFFICIAL NEWSPAPER
The newspaper or newspapers designated by the Town for the
publication of official notices of meetings and public hearings.
OPEN DEVELOPMENT AREA (ODA) SUBDIVISION
The subdivision of land which is accessed by a private right-of-way and shared access drive pursuant to Part
2 of Chapter
112 of the Town Code, entitled "Open Development Area General Regulations."
OPEN SPACE
An area of land not developed with structures. ("Permanent open space" is defined in §
175-20.)
OUTDOOR STORAGE AREA
Land used for the keeping of goods, wares, equipment, or
supplies outside of a structure.
OVERLAY DISTRICT
A type of zoning district or zone that supplements the zoning
regulations of the underlying land use district or districts to provide
additional protection of important environmental resources and/or
to permit certain types of economically productive uses that would
not otherwise be allowed in a particular land use district. Overlay
districts may overlap different land use districts, but they do not
change the use and dimensional requirements of the underlying land
use districts unless specifically so stated in this chapter.
PETROLEUM
Oil or petroleum of any kind and in any form, including,
but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse,
oil mixed with other wastes and crude oils, gasoline and kerosene.
PLAT
A map or plan submitted to the Planning Board as part of
an application for subdivision approval (see Subdivision Law).
PLOT PLAN
A map or plan showing the boundaries of a parcel and all
structures and important physical features on it, drawn to scale with
accurate dimensions, and submitted with an application for a minor
project special permit or a variance.
PREMISES
A lot, together with all the structures and uses thereon.
PRIVATE ROAD
A privately owned road held in single or common ownership
or by easement and maintained by a private owner or by a homeowners'
association.
PUBLICLY ACCESSIBLE PLACE
Any land or structure, whether or not located in the Town,
that is open to the general public, such as a public road, park, public
school, recreation area, conservation area, the Hudson River, or place
of public accommodation such as a restaurant or hotel, excluding private
retail and service businesses, offices, and other private property
which is open to the public.
PUBLIC UTILITY FACILITY
An installation used by a public agency or franchised public
utility to supply or transmit electric, gas, water, cable television,
telephone, or other utility service, excluding electric power plants
and gas wells. Included are such facilities as electric substations,
high voltage transmission lines, pump stations, water supply wells,
water towers, and telephone substations. Utility distribution facilities
serving customers directly are considered customary accessory uses,
not public utility facilities. Communication towers are not public
utility facilities.
RADIATION
Ionizing radiation; that is, any alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave, or visible, infrared, or ultraviolet light.
RADIOACTIVE MATERIAL
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials whose receipt, possession, use and transfer are exempt from
licensing and regulatory control pursuant to regulations of the New
York State Department of Labor or United States Nuclear Regulatory
Commission.
RECREATIONAL BUSINESS
A business which, for compensation, offers recreational services,
including but not limited to public stables, golf courses and driving
ranges, miniature golf, movie theaters, and other places of public
or private entertainment.
RELIGIOUS INSTITUTION
A church, synagogue, mosque, temple or other place of religious
worship, as well as a monastery or other place of religious retreat.
RESIDENTIAL CARE FACILITY
Any building used as a group residence or extended care facility
for the care of persons, including assisted living facilities and
nursing homes, where compensation and/or reimbursement of costs is
paid to an operator, pursuant to state or federal standards, licensing
requirements, or programs funding residential care services. A residential
care facility is deemed to be a nonresidential use.
RESIDENTIAL DISTRICTS
The Suburban Residential, Hamlet Residential, Rural, and
Resource Conservation Districts.
RESIDENTIAL USE
A use of land and structures in which people live and sleep
overnight on a regular basis.
RESTAURANT
An establishment where prepared food is sold for consumption
on the premises or as take-out, including a bar or pub or other establishment
that sells food and alcoholic beverages for on-premises consumption.
RETAIL BUSINESS
An establishment selling goods to the general public for
personal and household consumption, including but not limited to an
appliance store, bakery, delicatessen, drugstore, florist, grocer,
hardware store, liquor store, newsstand, shoe store, stationery store,
convenience store, and variety store.
REVIEWING BOARD OR OFFICIAL
The board that grants a special permit, site plan, variance,
subdivision approval, or zoning amendment, or the Zoning Administrative
Officer reviewing a building permit or zoning permit application.
RIDING ACADEMY
Any establishment where more than four horses are kept for
riding, driving, horseback riding lessons, or stabling for compensation,
or incidental to the operation of any club, association, resort, riding
school, ranch, or similar establishment. A riding academy operated
in conjunction with a farm operation is an agricultural accessory
use.
ROAD FRONTAGE
The distance along a street line measured at the front of
a lot.
SCREEN/SCREENING
The location of structures, or the placement of shrubbery
or other plant material, in such a manner that the structures are
not visible (as defined herein) from a public road or any other public
place during the summer months, and no more than partially visible
in winter. Objects or structures may be screened by topography, vegetation,
or other structures not required to be screened.
SERVICE BUSINESS
A business or nonprofit organization that provides services
to the public, either on or off the premises, including but not limited
to building, electrical, plumbing, and landscape contracting, arts
instruction or studio, automobile service station, business and educational
services, catering, day-care center (not as part of an educational
institution), health club, house cleaning services, locksmith, photocopying,
repair and restoration services, tailoring, typing, and word processing.
Service business does not include retail business, restaurants, warehouses,
offices, or other uses separately listed in the Use Table. A convenience store that sells gasoline and auto supplies
but does not repair or service vehicles shall be considered a retail
business.
SETBACK
The distance in feet between a structure and a property line,
the center line of a road, or an identified natural feature such as
a watercourse.
SIGN
Any billboard, signboard, inscription, pennant, or other
material, structure, exterior painting, or device composed of lettered
or pictorial material that is intended for outdoor viewing by the
general public (including inside a window), and used as an advertisement,
announcement, direction, or for identification.
SIGN AREA
The total area on each side of a sign within which all written
and graphic material is contained.
SIGN, COMMERCIAL
A sign advertising a product, use, service, or activity sold
or conducted for private financial gain.
SIGN, FREESTANDING
A sign and sign-support structure not attached to or part
of a building.
SIGN, ILLUMINATED
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint, or tape.
SIGN, INTERIOR
A sign located within the exterior walls of a building which
is readily readable from outside the building through a window, door,
or other opening.
SIGN, PROJECTING
Any sign which extends from the exterior of any building
more than nine inches.
SIGN, TEMPORARY
Any sign which is not permanently affixed to a structure
or mounted in the ground. Such signs may consist of banners, posters,
streamers, or stakes in the ground. Signs that stay in place for more
than 30 days or are replaced by similar signs for periods exceeding
30 days shall not be considered temporary signs.
SOIL MINING/MINING ACTIVITY
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 activity
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.
SOLAR ENERGY FACILITY
A structure, which may be freestanding or mounted on another
structure, which is used for generating electricity, heating water,
or otherwise converting sunlight into energy for heating, cooling,
or other forms of usable energy, including facilities that generate
electricity for on-site use and feed excess electricity into the utility
grid under a net metering arrangement with an electric utility company.
SOLID WASTE
All putrescent and nonputrescent materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including
but not limited to garbage, refuse, industrial and commercial waste,
sludge from air or water control facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris, discarded automobiles and offal but not including sewage and
other highly diluted water-carried materials or substances and those
in gaseous form, and being those wastes defined as "solid waste" in
6 NYCRR Part 360-1.2. Any solid waste which receives a beneficial
use determination (BUD) from the NYS DEC is still considered a solid
waste for the purposes of these regulations.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed to manage or process solid waste beyond
the initial waste collection process, including, but not limited to,
transfer stations, bailing facilities, rail haul or barge haul facilities,
processing systems, including resource recovery facilities or other
facilities for reducing solid waste volume, sanitary landfills, facilities
for the disposal of construction and demolition debris, plants and
facilities for compacting, composting or pyrolysis of solid wastes,
incinerators and other solid waste disposal, reduction or conversion
facilities, as defined in 6 NYCRR Part 360-1.2.
STEEP TERRAIN WETLAND/WATERCOURSE TRANSITION AREA
Steep terrain located within 50 feet of a watercourse, controlled wetland as defined in Chapter
93, or lands that are regulated by the State of New York pursuant to the Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law).
STREET LINE
The right-of-way, easement, or taking line of any street
other than a limited-access state highway.
STREET/ROAD
Any street or highway as described in § 280-a(1) of Article 16 of the Town Law or any private right-of-way or easement approved under the open development area general regulations of the Town of Philipstown. (See Ch.
112, Land Development, Part
2.)
STRIP COMMERCIAL DEVELOPMENT
The layout of a commercial use or uses in separated structures
more than 50 feet apart along a highway, with parking, gasoline pumps,
or other drive-up facilities located between the highway and the commercial
building(s), where such parking or drive-ups are visible from the
road.
STRUCTURE
A static construction of building materials affixed to the
ground, such as a building, dam, display stand, gasoline pump, installed
mobile home or trailer, reviewing stand, shed, sign, stadium, storage
bin, wall, fence, swimming pool, tennis court, road, driveway, sidewalk,
or parking lot.
TALL STRUCTURE
A structure which complies with the provisions of this chapter
and is of sufficient height to be used as a communications tower.
Such structures include but are not limited to water towers, multistory
buildings, church steeples, and farm silos.
TIMBER HARVESTING
The cutting, removal or harvesting of any timber or trees from any property or lot in the Town of Philipstown, as regulated by Chapter
159 of the Town Code.
TOWN
The Town of Philipstown unless otherwise indicated.
TOWN BOARD
The Town Council of the Town of Philipstown.
TOWN LAW
The Town Law of the State of New York, Chapter
62 of the Consolidated Laws.
USE
The purpose for which any premises may be arranged, designed, intended, maintained, or occupied, or any occupation, activity, or operation conducted or intended to be conducted on a premises, as shown on the Use Table in §
175-10.
USE, ACCESSORY
A use which is customarily incidental to and subordinate
to the principal use of a lot or structure, located on the same lot
as the principal use or structure.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special permit.
VISIBLE/VISIBILITY
Able to be seen by a person of average height and with normal
vision on a clear day when leaves are off of deciduous trees.
WAREHOUSE/WHOLESALE BUSINESS
A structure or structures or business operation in which
materials, goods, or equipment are stored and/or held and transported
for distribution, including mini-storage and self-storage facilities,
excluding retail sales.
WATERCOURSE
Rivers, streams, brooks, ponds, lakes, reservoirs, and waterways, whether running constantly or intermittently, which are delineated on the current edition of the United States Department of Interior, Geological Survey, 7.5 Minute Series (Topographic) maps bearing the date 1981 (Peekskill Quadrangle), 1981 (West Point Quadrangle) and 1979 (Oscawana Lake Quadrangle), covering the Town of Philipstown; and any other streams, brooks, and waterways which are contained within, flow through, or border on the Town of Philipstown, and any additional streams, brooks, and waterways which are delineated on the map as defined in §
93-4.
WETLANDS
(1)
All areas that comprise hydric soils, as defined in §
93-4, that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation, as defined in §
93-4; or lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a sufficiently long period, provided that such conditions can be expected to persist indefinitely, barring human intervention;
(2)
For the purposes of this chapter, "wetlands" within 50 meters
of each other and hydrologically connected are considered to be one
"wetland";
(3)
Lands and waters substantially enclosed by hydrophytic vegetation, as defined in §
93-4, the regulation of which is necessary to protect and preserve the hydrophytic vegetation; and
(4)
The waters overlying the areas set forth in Subsections
(1) and
(2) above and the lands underlying the waters set forth in Subsection
(3) above.
YARD
An open space on the same lot with a structure.
YARD, FRONT
An open space extending across the full width of the lot
between the front of the principal building and the street line.
YARD, REAR
An open space extending across the full width of the lot
between the rear lot line and the wall of the principal building nearest
the rear lot line.
YARD, REQUIRED/SETBACK AREA
That portion of any yard required to satisfy minimum setbacks.
No part of such yard can be included as part of a yard required for
structures on another lot.
YARD, SIDE
An open space between a principal building and side line
of the lot and extending from the front yard to the rear yard.
ZONING LAW/THIS CHAPTER
The officially adopted Zoning Law of the Town of Philipstown,
together with any and all amendments thereto.
ZONING PERMIT
A permit issued by the Zoning Administrative Officer, which is required for uses allowed by right that do not involve construction that requires a building permit. See §
175-54.