Town of Philipstown, NY Definitions

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§ 175-74 Use of words generally; defined terms.

Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a partnership, and any other agency of voluntary action. The word "he" shall include "she" or "they." The words "include," "includes," and "including" shall be interpreted as though followed by the phrase "without limitation" or "but not limited to." The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for." Where the precise meaning of a word is in doubt by any board or official, the Town Board shall make a determination in accordance with the purpose and intent of this chapter and the Comprehensive Plan. To the extent that this provision conflicts with Town Law § 267-b, the Town Board hereby expresses its intention to supersede the Town Law in accordance with Municipal Home Rule Law, Article 2, § 10 et seq. This power to interpret words shall not change the jurisdiction of the Zoning Board of Appeals to hear an appeal of a decision made by an administrative official pursuant to § 175-59.

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 LOT

See "lot/parcel."

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,[1] 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.

CORNER LOT

See "lot, corner."

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, TWO-FAMILY

A detached building containing two dwelling units.

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:

(1)

Petroleum.

(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.

HEIGHT

See "building height."

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.[2] 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, REAR

See "flag lot."

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.

MINING ACTIVITY

See "soil mining."

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.

MULTIFAMILY DWELLING

See "dwelling, multifamily."

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[3] 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.

PLANNING BOARD

The Planning Board of the Town of Philipstown.

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.

PRINCIPAL BUILDING

See "building, principal."

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.

REAR LOT

See "flag lot."

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 UNIT

See "dwelling unit."

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.[4] 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, INTERNALLY ILLUMINATED

An illuminated sign that is made of translucent material with internal artificial lighting.

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.

SINGLE-FAMILY DWELLING

See "dwelling, single-family."

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.

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)

The state law (Article 8 of the Environmental Conservation Law) and regulations requiring environmental review of actions that may have an impact on the environment.

STEEP TERRAIN/STEEP SLOPES

Land having a topographic gradient of 20% or more.

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.

THIS CHAPTER

See "Zoning Law."

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.

TWO-FAMILY DWELLING

See "dwelling, two-family."

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.[5]

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.

USE, CHANGE OF

See "change of use."

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.

WIND ENERGY CONVERSION SYSTEM

A mechanized system which converts wind energy into electrical or mechanical power.

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 ADMINISTRATIVE OFFICER

See "Code Enforcement Official."

ZONING BOARD OF APPEALS (ZBA)

The Zoning Board of Appeals of the Town of Philipstown.

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.

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