Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ACCESSORY FAMILY DWELLING UNIT
An accessory structure, attached to or detached from the
principal building, which is subordinate to the principal structure,
the use of which is customarily incidental to that of the principal
building and located on the same lot with such principal building.
The class of structure commonly referred to as a "mobile home" shall
not be utilized as an accessory family dwelling unit.
ACCESSORY STRUCTURE
A detached subordinate structure, the use of which is customarily
incidental to that of a principal building and located on the same
lot with such principal building. The class of structure commonly
referred to as a "mobile home" shall not be utilized as an accessory
structure.
ACCESSORY USE
A use, occupancy or tenancy which is customarily incidental
and subordinate to the principal use, occupancy or tenancy and located
on the same lot or premises.
ADDITION
Extension or increase in area or height of a building.
AGRICULTURE
The growing of field or garden crops and the maintenance
of plants, vineyards and orchards on any parcel, the keeping of fowl
on a lot of five or more acres and the keeping of livestock on a farm
lot of 10 or more acres in accordance with the provisions of this
chapter. The term "agriculture" does not include the operation of
a hog farm, fur farm, riding academy, livery or boarding stable and
dog kennel or cattery.
ALTERATION
Any change, rearrangement or addition to a building, other
than repairs; any modification in construction or in building equipment;
or the moving of a building or structure from one location to another.
APARTMENT
A dwelling unit contained within a two-family or multifamily
building.
AREA AND BULK REGULATIONS
The combination of controls which establish the minimum size
of a lot and the maximum size of a building and its location on such
lot.
AUTO OR AUTO EQUIPMENT RENTAL OR SALES
The use of any building, land area or other premises for
the display and sale of new or used automobiles generally, but may
include light trucks or vans, trailers or recreation vehicles and
auto-related equipment, including any vehicle preparation or repair
work conducted as an accessory use.
AUTOMOBILE SERVICE STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including the sale of motor vehicle
accessories, and which may or may not include facilities for lubricating
and other minor servicing by motor vehicles, but not including the
painting thereof by any means. Any rebuilding, reconditioning or collision
services involving frame and fender straightening or repair or any
dismantling or disassembly of frame and exterior parts is not an automobile
service station.
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied private dwelling in which at least one
room and not more than four rooms are offered for rent for transient
occupancy, in which overnight lodging and breakfast are offered to
such occupant and in which no public restaurant is maintained.
BOARDING-, LODGING OR ROOMING HOUSE
An owner-occupied private dwelling in which at least two
rooms but not more than six rooms are offered for rent, whether or
not table board is furnished to lodgers, and in which no transients
are accommodated and no public restaurant is maintained.
BUFFER ZONE
A strip of land established and suitably developed with fencing,
berms and/or natural vegetation to protect one type of land use from
another with which it is, or may be, incompatible.
BUILDABLE AREA
The space remaining on a lot after the minimum open space
requirements (coverage, yards, setbacks) have been met.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof affording shelter
to persons, animals, property or business activity. See definition
of "structure."
BUILDING AREA
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
BUILDING COVERAGE
The amount of land covered or permitted to be covered by
a building or buildings, measured in terms of a percentage of the
total lot area. Such coverage is to be measured on a horizontal plane
at mean grade level and excludes uncovered porches, terraces and steps.
BUILDING LINE
The line, established by law, ordinance or regulation, beyond which no part of a building, other than parts expressly permitted within §
150-15 of this chapter, shall extend.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is located.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building normally
of the same type on another lot but having one side yard.
CAMP
Any parcel of land on which are located two or more cabins,
tents, shelters or other accommodations of a design or character suitable
for seasonal or other more or less temporary living purposes, including
a summer colony, resort and day camp, but not including a trailer
park, boardinghouse, hotel or motel.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented
for occupancy by campers or for occupancy by or of trailers, tents
or movable or temporary dwellings, rooms or sleeping quarters of any
kind, of a design or character suitable for seasonal or other more
or less temporary living purposes, regardless of whether such structures
or other accommodations actually are occupied seasonally or otherwise;
excluding, however, mobile homes. The term "camping ground" may also
apply to land and buildings used for any assembly of persons for what
is commonly known as "day camp" purposes or "summer camp," whether
or not conducted for profit and whether or not occupied by adults
or by children, either as individuals, families or groups.
CEMETERY
Property used for the interring of the dead. A cemetery includes
a mausoleum or similar structure, but does not include a crematory.
CENTRAL WATER
A water supply system serving five or more dwelling units
and approved by the Town of Poestenkill and the Rensselaer County
Health Department for either private or public operation.
CERTIFICATE OF OCCUPANCY OR USE
Official certification issued by the Code Enforcement Officer
that premises conform to the provisions of the Land Use Regulations,
Building Code and other applicable regulations and may be used or
occupied.
CESSATION OF USE
A use shall be determined by the Code Enforcement Officer
to have ceased when it has been discontinued either temporarily or
permanently, whether with the intent to abandon such use or not.
CHARCOALING
The process of converting logs or firewood into charcoal
by controlled heating.
[Added 4-15-2021 by L.L. No. 2-2021]
CHURCH
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
CLINIC
The group practice of medicine or dentistry for humans, including
assistants and laboratories, but not including inpatient care or an
operating room for major surgery.
CLUB, MEMBERSHIP
Premises of an organization of persons who meet periodically
to promote some nonprofit social, educational, athletic service or
recreational objective and who cater exclusively to members and their
guests, with no vending, merchandising or commercial activities conducted
except as required generally for the membership and purposes of the
club.
CLUBHOUSE
A building or portion thereof used by a club or organization.
CLUSTER DEVELOPMENT
A development pattern in which uses are grouped or clustered
through a density transfer within a particular development, rather
than spread evenly throughout a parcel as in conventional lot-by-lot
development. (See § 278 of the Town Law.)
CODE ENFORCEMENT OFFICER
That Town employee appointed by the Town Board and charged
with the responsibility of administering and enforcing this chapter,
as well as the New York State Building Code and related regulations.
COMMERCIAL EXCAVATION
Excavation or extraction of stone, sand, gravel or topsoil
for sale or as an industrial operation and exclusive of the process
of grading a lot preparatory to the construction of a building for
which application for a building permit has been made and the permit
granted. The term "commercial excavation" shall include mines, quarries,
sand pits, gravel pits, turf farms, topsoil stripping and any similarly
described place or activity.
COMMERCIAL USE
Any use, including the sale or rental or distribution of
goods or services as commodities, either retail or wholesale, or the
provision of recreational facilities or activities for a fee.
COMMERCIAL VEHICLE
A vehicle of more than one-ton capacity used for the transportation
of persons or goods primarily for gain, or a vehicle of any capacity
carrying a permanently affixed sign exceeding one square foot in area
or lettering of a commercial nature.
COMMERCIAL WOOD OPERATIONS
Includes mobile sawmills, shavings grinders, chain saw carving,
firewood processing and similar processing of logs into a finished
product or commodity that is offered for sale. A commercial wood operation's
use of the parcel principally for a commercial enterprise shall occupy
no greater percentage of the parcel than specified in the special
use permit issued by the Planning Board. If present, a residence on
the property shall be incidental and secondary to the property's use
as a commercial wood operation.
[Added 4-15-2021 by L.L. No. 2-2021]
COMMON SEWER
A sewage disposal system serving five or more dwelling units
and approved by the Town of Poestenkill and the Rensselaer County
Health Department for either private or public operation.
COMMUNITY AREAS
Those areas intended for use or enjoyment by all residents
of a development, including driveways, roadways, parking areas, walkways,
landscaped areas, open space and recreation areas.
COMMUNITY RESIDENCE
A facility for mentally disabled persons as defined by the
Mental Hygiene Law and as regulated by the provisions of the New York
State Building Code.
COMPREHENSIVE PLAN
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Town.
CONTIGUOUS PARCELS
Adjoining parcels of land that touch one another. Parcels
of land which would touch one another except for the presence of a
public road shall be considered contiguous.
CONVERSION
A change in use or occupancy of a building, generally by
alteration or by other reorganization as to increase the number of
families or dwelling units in a structure.
COTTAGE OR CABIN DEVELOPMENT
Any parcel of land on which are located two or more cottages,
cabins or other accommodations of a design or character suitable for
seasonal or other temporary living purposes, including a summer colony
and resort, but not including a trailer park, boardinghouse, hotel
or motel.
COUNTRY CLUB
Land area and buildings containing golf courses, recreational
facilities, a clubhouse and customary accessory uses, open only to
members and their guests.
COVERAGE
That percentage of the plot or lot area covered by the building
area.
CREMATORY
A furnace or establishment for the cremation of corpses.
CULTURAL FACILITY
An establishment which presents or records the social, religious,
artistic and/or intellectual products or thoughts of a community or
population.
DANGEROUS USE
The manufacture, bulk storage or handling of explosives,
illuminating gases, lethal or toxic chemicals or other explosive,
combustible, inflammable, lethal or toxic substances in such quantities
or in such manner as may or does endanger the public safety. The term
does not include the operation of a retail gasoline station.
DAY CAMP
A nonovernight camp providing recreation, arts and crafts
and other activities for preschool and school-age participants, limited
to summer and other school vacation periods.
DENSITY
The number of dwelling units per acre.
DEVELOPMENT
Any activity other than normal agricultural, conservation
or forest management activity which materially affects the existing
condition of land or improvements, including but not limited to:
(1)
Removal of trees or other natural cover.
(2)
Substantial excavation or deposit of earth or other fill, including
alteration in the banks of any stream or body of water.
(3)
Construction, reconstruction, alteration or demolition of any
improvement.
(4)
Dumping or parking of any object or material, whether mobile,
liquid or solid.
(5)
Commencement of any use of the land or improvements and any
change in its type or intensity.
(6)
Commencement of any noise, light, smoke or other emission and
any change in its type or intensity.
DISTRICT or LAND USE DISTRICT
An area, section or zone of the Town described on the Land
Use District Map contained within this chapter and within which uniform
requirements regulate the use of land and the height, bulk, density
and setback of structures.
DRIVEWAY
A private access route directly serving a parking area or
serving parking spaces not directly serving more than two dwelling
units and not providing a route for through traffic.
DUMP
See definition of "landfill."
DUPLEX
A structure containing exactly two adjacent single-family
dwelling units on a single lot, with each separated from the other
by a common party wall or walls, and with each single-family dwelling
unit having a separate entrance from the outside.
[Added 4-21-2016 by L.L.
No. 1-2016]
DWELLING
A building designed or used principally as the living quarters
for one or more families.
DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A boardinghouse, dormitory, hotel, motel, inn, nursing home,
fraternity, sorority or other similar building shall not be deemed
to constitute a dwelling unit.
DWELLING, MULTIPLE
A detached, semidetached or attached building or a portion
thereof containing three or more dwelling units, all on the same lot.
[Amended 4-21-2016 by L.L. No. 1-2016]
DWELLING, ROW OR ATTACHED
A dwelling unit separated from an adjacent dwelling unit
or units on the same lot on one or both sides on the same lot by a
party wall or walls, with each dwelling unit having a separate entrance
from the outside. This definition applies only to three or more adjacent
dwelling units. For two adjacent dwelling units see the definition
of "duplex."
[Amended 4-21-2016 by L.L. No. 1-2016]
DWELLING, TWO-FAMILY
Any principal building containing two dwelling units which
are both accessed by a common entrance.
[Amended 4-21-2016 by L.L. No. 1-2016]
FAMILY
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family, which shall include foster children. It shall be a rebuttable
presumption that four or more persons living together in a single
dwelling unit, who are not related by blood, adoption, or marriage,
do not constitute the functional equivalent of a traditional family.
In determining the functional equivalent of a traditional family,
the following criteria shall be present:
(1)
The group shares the entire dwelling unit.
(2)
The group lives and cooks together as a single housekeeping
unit.
(3)
The group shares expenses for food, rent, utilities or other
household expenses.
(4)
The group is permanent and stable, and not transient or temporary
in nature.
(5)
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
FARM
Any parcel of land containing at least 10 acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. The term "farm" includes necessary farm
structures within the prescribed limits established within this chapter
and the storage of equipment used as part of the farm operation. The
term "farm" specifically excludes the raising of fur-bearing animals,
riding academies, livery or boarding stables and dog kennels.
FENCE
An unroofed enclosing structure erected for the purpose of
preventing passage or view. The height of a fence shall include any
man-made berm or similar landscaping above the height of the surrounding
land.
FLOOD HAZARD ZONE
The maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years (that has a one-percent
chance of being flooded every year). It includes the area shown on
the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1 to A30,
A99, V and VI to V30.
FLOOD INSURANCE RATE MAP (FIRM)
The official map of the Town of Poestenkill on which the
Federal Insurance Administration has delineated both the special flood
hazard areas and the risk premium zones.
FLOOD, ONE-HUNDRED-YEAR OR BASE
The highest level of flood that, on the average, is likely
to occur once every 100 years (that has a one-percent chance of occurring
each year).
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness measures, flood control works and land use and development
control measures.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
FORESTRY or SILVECULTURE
Management of forested lands and woodlots following a management
plan, including logging, log yards, tree planting and coppicing. Includes
regular harvesting of wood.
[Added 4-15-2021 by L.L. No. 2-2021]
FRONTAGE LOT
That side of the lot coincident with the street line. A corner
lot shall be considered to have two such frontages.
GARAGE, PRIVATE
An enclosed space for the storage of one or more vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof or the use of mechanical car-washing
equipment. The term "gasoline station" may also include a quick-stop
retail food store, provided that the store is an integral part of
the gasoline station.
GENERAL OFFICE
A room, group of rooms or building used for conducting the
affairs of a business, profession, service industry or government
and generally furnished with desks, tables, files and communication
equipment. If a building, ancillary services for office workers may
be included.
GOLF COURSE
A tract of land laid out for at least nine holes for playing
the game of golf and improved with tees, greens, fairways and hazards
and that may include a clubhouse and shelter.
GRADE, FINISHED
The elevation at which the finished surface of the surrounding
lot, either natural or upon completion of any change in contour, intersects
the walls and supports of a structure.
HEIGHT, BUILDING
The vertical distance measured from the average elevation of the finished grade along the side of the building with the lowest finished grade to the highest point on the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections consistent with the provisions of §
150-13, Height exceptions, of this chapter.
HOME OCCUPATION
Any personal, professional service or business use conducted entirely within a dwelling (Class 1) or customary accessory building (Class 2) and carried on by the residents thereof, which use is clearly incidental and secondary to the use of the property for residential purposes and does not change the residential character thereof or have any exterior evidence of such secondary use, except for a single sign as provided by §
150-20C of this chapter.
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association,
established in accordance with New York Codes, Rules and Regulations,
Title 13, Part 22, that is organized in a development in which individual
owners share common interests and responsibilities for costs and upkeep
of common open space or facilities.
HOSPITAL
A building containing beds for four or more patients and
used for the diagnosis, treatment or other care of ailments and shall
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of
sick or injured animals.
INDUSTRY, LIGHT
A use involving the manufacture and/or processing of a product,
but not producing noisy or otherwise objectionable disturbances such
as vibration, dust, odors or heavy truck traffic, and not involving
the use of heavy machinery.
KENNEL, COMMERCIAL
Any place where any number of dogs over the age of four months
are kept for the purpose of selling such animals and/or breeding the
same for sale, and which is conducted either for profit or as a bona
fide charitable or humane organization duly registered with the State
of New York and where the keeping, breeding and/or selling of such
animals is not merely incidental to the primary use of such premises
for residential occupation. In addition, a "commercial kennel" is
any place where nine or more dogs over the age of four months are
kept, regardless of the intent in so doing and regardless of whether
such use is incidental to the occupancy of said premises for residential
purposes and not otherwise permitted as a private kennel.
KENNEL, HOBBY
Any place where more than three dogs but fewer than nine
dogs over four months of age, all owned by the occupant of the property,
are kept on premises which are occupied primarily for residential
purposes, and where the keeping, breeding and/or selling of such animals
is incidental to the occupancy of the premises for residential purposes.
KENNEL, PRIVATE
Any place where more than three dogs over the age of four
months are kept and where the business of selling, boarding, breeding,
grooming or training dogs which are not owned by the occupant of the
property is conducted, and where the keeping of such animals is incidental
to the occupancy of the premises for residential purposes.
KENNEL, RESIDENTIAL INDIVIDUAL
Any place where no more than three dogs over four months
of age are kept as personal pets by the occupant of such premises.
LAND USE DISTRICT MAP
The map delineating the boundaries of the land use districts
which, along with the text, comprises this chapter.
LANDFILL
A lot or land area used primarily for the disposal or abandonment,
burial, burning or any other means and for whatever purpose of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste material of any kind.
LOT
A parcel of land having defined boundaries and considered
as a unit, devoted to a specific use or occupied by a structure or
group of structures that are united by a common interest, use or ownership
and including customary accessory structures, uses, open spaces and
yards.
LOT AREA
The total area of a lot within lot lines.
LOT DEPTH
The actual planar distance from the street line of a lot
to the rear lot line of such lot, measured perpendicular to the street
line.
[Amended 7-14-2014 by L.L. No. 2-2014]
LOT LINE
A line dividing one premises from another or from a street
or other public space.
LOT LINE, FRONT
The lot line adjoining any street or highway right-of-way
line. If a lot adjoins two or more streets or highways, it shall be
deemed to have a front lot line on each. Where the property line of
a lot extends into the roadbed, said lot line shall be considered
to be at the rear edge of the roadbed at the right-of-way line as
if a fifty-foot right-of-way is existing as measured from the center
of the roadbed, or as otherwise designated by the Town Engineer.
LOT OF RECORD
A legally existing lot at the time of adoption of this chapter duly filed and recorded in the Rensselaer County Clerk's office as either an individual parcel of land or part of an approved subdivision, in accordance with the Town's Land Subdivision Regulations in Chapter
195, Subdivision of Land.
LOT WIDTH
The actual planar distance between the side lot lines measured
perpendicular to the front yard setback line or an extension thereof
at any given point thereon.
[Amended 7-14-2014 by L.L. No. 2-2014]
LOT, CORNER
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street right-of-way lines is the corner.
MINE
Any pits or workings, whether above or below ground, from
which any natural product is produced for commercial, industrial or
municipal use; and all shafts, slopes, drifts, faces; and including
all equipment above, on or below the surface of the ground used in
connection with such pits or workings.
MINING
The extraction or removal of overburden on natural products
from the ground or surface, including any activities at the mine location
for the washing, cleaning, crushing, stockpiling or other preparation
of natural products for use or sale, and the disposal of overburden
and other wash material.
MOBILE HOME
A movable or portable residential structure designed and
constructed upon a permanent chassis or undercarriage which may be
towed, and when connected to utilities, is designed to be used as
a residence. A mobile home may consist of two or more separately towable
components designed to be joined into one integral unit capable of
being again separated into the components for repeated towing. A "mobile
home" shall mean a structure designed to be used exclusively for residential
purposes and shall include what is commonly referred to as "doublewides"
but shall exclude travel trailers and modular or manufactured homes.
A mobile home is sometimes referred to as a "trailer house." A mobile
home is classified differently than a single-family dwelling in the
Code.
MODULAR HOME
A prefabricated dwelling unit which is constructed off site
in two or more segments or sections, designed and constructed without
a permanent chassis or undercarriage, capable of being towed, which
is permanently assembled upon a foundation and meets all applicable
standards of the current edition of the New York State Uniform Fire
Prevention and Building Code. A modular home is considered a single-family
dwelling in the Code unless expressly designated and constructed by
the manufacturer and/or actually utilized for multifamily purposes.
[Amended 6-20-2013 by L.L. No. 3-2013]
NATURAL PRODUCTS
Aggregate, cement rock, clay, curbing stone, flagstone, roadstone,
stone, gravel, ore, riprap, sand, sandstone, shale, slate or any other
solid material or substance of commercial value found in or on the
earth and produced for use or sale as part of any type of mining activity.
NIGHTCLUB
A drinking establishment which includes an area in which
patrons may dance or which provides live entertainment other than
by a single, instrumental musician.
NONCOMPLYING BUILDING
An existing building which does not conform to the district
regulations for lot area, width or depth; front, side or rear yards;
maximum height; lot coverage; or density after the date of enactment
or amendment of this chapter.
NONCONFORMING USE
An existing use which does not conform to the applicable
use regulations for the land use district in which such use is located
after the enactment or amendment of this chapter.
NOXIOUS USE
Any use which is noxious, offensive or injurious by reason
of the emission of dust, smoke, refuse matter, odor, gas fumes, noise
or vibration. The term includes the operation of a hog farm, a fur
farm, slaughtering house or rendering works.
NURSERY SCHOOL
Any premises, however designated, which operates on a regular
basis to provide care or instruction for five or more children under
six years of age. The term "nursery school" shall include a kindergarten,
day nursery and day-care center and family day care as defined and
regulated by § 390 of the New York State Social Services
Law.
NURSING HOME
Premises which provide lodging, meals and continuing nursing
care for compensation to convalescent or chronically ill persons.
The term "nursing home" shall include convalescent homes and rest
homes.
OCCUPANCY
The use of a building, structure or premises.
OPEN SPACE, REQUIRED
That area of a lot which shall be a properly maintained combination
of natural, not artificial, lawn, trees, shrubs and other plant material;
also known as "minimum open space."
OVERLAY DISTRICT
A district described by the Land Use District Map within which, through imposition of a special designation,
additional regulations and requirements apply, in addition to those
of the land use district to which such designation is added.
OWNER
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a building.
PARKING LOT
An automobile parking lot with an area sufficient to hold
at least 10 passenger vehicles and an open driveway for all such vehicles
to enter and leave such area and which passenger vehicles must be
in a running condition and can be driven at any time under their own
power; but specifically prohibiting car lots for the sale of motor
vehicles.
[Amended 6-20-2013 by L.L. No. 3-2013]
PARKING SPACE, OFF-STREET
A space of not less than 162 square feet, excluding driveways
or access drives, which is out of the public right-of-way and is available
and adequate for the parking of one motor vehicle.
PERMITTED USE
A specific use noted in Article
IV of this chapter for which land, lots, buildings or structures may be used, occupied or maintained.
PERSON
Any individual, corporation, limited-liability company, joint
venture, public benefit corporation, partnership, limited-liability
partnership, association, trust or estate, and any other entity, public
or private.
[Amended 6-20-2013 by L.L. No. 3-2013]
PERSONAL SERVICES
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel.
PLANNED DEVELOPMENT
A structure or group of structures designed for either a
single use or mixed-use occupancy and intended to be maintained and
operated as a unit in single ownership or controlled by an individual,
partnership, corporation, cooperative or association and which has
certain facilities in common, such as open space and recreation areas,
utilities and parking facilities.
PREMISES
A lot, plot or parcel of land, together with all structures
and uses thereon.
PRIVATE WOOD OPERATIONS
[Added 4-15-2021 by L.L. No. 2-2021]
(1)
Includes mobile and stationary sawmills, shavings grinders,
chain saw carving, firewood processing and similar processing of logs
into a finished product or commodity that is used by the owner or
proprietor and will be offered for sale. In order to be considered
private, such a wood operation shall:
(a)
Not place materials any closer to abutting parcels than allowed
in the District Schedule of Area and Bulk Regulations for accessory structures;
(b)
Be conducted entirely upon a parcel by the owners thereof, and
such use must be clearly incidental and secondary to the use of the
property for residential purposes; and
(c)
Have no evidence of such secondary use from the road other than
a single sign and does not otherwise change the character of the neighborhood.
(2)
The Town of Poestenkill Planning Board shall have discretion
in resolving whether activity conducted on a parcel is commercial
and, therefore, requires a special use permit.
PROFESSIONAL OFFICE
A building or portion thereof wherein services are performed
involving predominantly administrative, professional or clerical operations.
PROHIBITED USE
Any use which is not listed as a permitted, special or accessory
use in the District Schedule of Use Regulations shall be considered a prohibited use under this chapter.
PUBLIC UTILITY
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for the public health,
safety and welfare.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure-time activities. A recreation facility may be either public
or private and operated as a for-profit or not-for-profit enterprise.
RECREATIONAL VEHICLE CAMPGROUND
Any lot or parcel of land upon which two or more recreational
vehicle sites are located, established or maintained for occupancy
by recreational vehicles as temporary living quarters for recreation
or vacation purposes.
REPAIR
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance of such building,
structure, device or equipment.
RESEARCH LABORATORY
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
RESTAURANT
An establishment where food and drink are prepared, served
and consumed, primarily within the principal building.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving
or stabling for compensation.
ROADSIDE STAND
A structure within which agricultural products grown on the
premises or elsewhere by the operator of the stand are sold.
SCHOOL
Any building or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge.
SETBACK
The actual planar distance measured perpendicular from the
referenced property line to any structure, roadway, parking area,
accessory building or other such improvement on a lot, except necessary
driveways.
[Amended 7-14-2014 by L.L. No. 2-2014]
SIGN
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out of doors or on
the exterior of any building, including illuminated or nonilluminated
window signs over two square feet in area located within three feet
of the window surface and intended to be viewed from the exterior
of the building, displaying an advertisement, announcement, notice
or name, and includes sign frames, billboards, signboards, painted
wall signs, hanging signs, illuminated signs, pennants, fluttering
devices, projecting signs or ground signs and shall include any declaration,
demonstration, display, illustration or insignia used to advertise
or promote the interests of any person or business or cause when the
same is placed in view of the general public. However, a sign shall
not include any display of official court or public office notices
nor any official traffic control device, nor shall it include the
flag, emblem or insignia of a nation, political unit, school, not-for-profit
organization or religious group.
[Amended 6-20-2013 by L.L. No. 3-2013]
SIGN, SURFACE AREA OF
The entire area within a single, continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of the same. However, such perimeter
shall not include any structural or framing elements lying outside
the limits of such sign and not forming an integral part of the display.
All faces of the sign shall be counted in computing the area. Any
neon tube, string of lights or similar device shall be deemed to have
a minimum dimension of one foot.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether
by sole, joint, common or other ownership, or by a lease having a
term of not less than 30 years, regardless of any division of land
into parcels for the purpose of financing.
SITE PLAN
That map or drawing and all related information submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article
VIII of this chapter.
SPECIAL USE
A use which is deemed desirable for the public welfare within
a given district or districts but which is potentially incompatible
with other uses provided therein. The use shall be, therefore, subject
to approval by the Planning Board and to conditions set forth for
such use, as well as other applicable provisions of this chapter.
STREET
A public or private right-of-way which provides vehicular
access to abutting properties.
STREET LINE
Limit of street or highway right-of-way line. For the purpose
of this chapter, the street line shall be the highway right-of-way
line.
STRUCTURE
A static construction or assembly of materials, the use or
occupancy of which requires a fixed location on the ground or attachment
to an object having such fixed location. Structures shall include,
among others, buildings, stadiums, sheds, storage bins, reviewing
and display stands, platforms, towers, walls, fences, swimming pools,
gasoline pumps, signs and mobile dwellings.
SWIMMING POOL
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches (610 mm) deep at any point. This includes in-ground, aboveground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools.
[Amended 6-20-2013 by L.L. No. 3-2013]
TAVERN/BAR
An establishment used primarily for the serving of liquor
by the drink to the general public and where food or packaged liquors
may be served or sold only as accessory to the primary use.
TRAILER, CAMPING
A folding structure, mounted on wheels and designed for limited
travel, recreation and vacation use only.
TRAILER, TRAVEL
A vehicular, portable structure built on a chassis, designed
as a temporary one-family dwelling for seasonal travel, recreation
and vacation.
[Amended 6-20-2013 by L.L. No. 3-2013]
TRANSIENT
A person passing through or visiting for a brief stay, generally
less than one week.
TRANSPORTATION USE
An establishment primarily engaged in furnishing transportation,
including school buses, passenger transportation charter services
and terminal and service facilities for motor vehicle passenger transportation
or trucking.
TWIN HOME
A dwelling unit separated by a common party wall from an
adjacent dwelling unit on a separate lot with the lot line running
through the common wall.
[Added 4-21-2016 by L.L.
No. 1-2016]
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
USE REGULATIONS
The controls which enumerate the permitted principal, permitted
accessory and special uses within each of the districts established
by this chapter.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is otherwise not allowed by the dimensional
or physical requirements of the 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 zoning regulations.
WAREHOUSE
A structure for use as a storage place for goods, material
or merchandise.
YARD
An open space on the same lot, plot or parcel of land with
a building or building group, lying between the closest point of the
front, rear or side wall of a building and the nearest lot line, unoccupied
and fully open to the sky, except as otherwise provided by the specific
provisions of this chapter.
YARD, FRONT
A space extending the full width of the lot between the principal
building and the front lot line and measured perpendicular to the
building at the closest point to the front lot line.
YARD, REAR
A space extending across the full width of a lot measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building.
YARD, SIDE
A space between any lot line, other than a street line or
rear lot line, and a line drawn parallel thereto and between the front
and rear yards.