Town of Poestenkill, NY Definitions and Word Usage

Word usage. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future; the singular number includes the plural, and the plural number includes the singular; the word "lot" includes the word "plot"; the word "structure" includes the word "building." The term "occupied" or "used" as applied to any building or land shall be construed to include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used or occupied." The word "shall" is mandatory and not optional.

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.[1]

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.[2]

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.[3]

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, ACCESSORY

See definition of "accessory structure."

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.[4]

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 AMUSEMENT OR RECREATION FACILITY

A place designed and equipped for the conduct of sports and leisure-time activities operated as a business and open to the public for a fee.

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.

CONVALESCENT HOME

See definition of "nursing home."

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.[5]

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, ONE-FAMILY

A detached building containing one dwelling unit only.

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:[6]

(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.[7]

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 PROTECTION ELEVATION

The one-hundred-year-flood elevation, plus one additional foot of elevation.

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.

FLOODPLAIN or FLOOD-PRONE AREAS

A land area adjoining a river, stream, watercourse or lake, which is likely to be flooded.

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, BOARDING OR BREEDING

Includes "hobby kennel," "private kennel" and "commercial breeder kennel," as herein defined.

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.[8]

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.[9]

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.[10]

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.[11]

LAND USE DISTRICT MAP

The map delineating the boundaries of the land use districts which, along with the text, comprises this chapter.[12]

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[13] 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.

PLANNING BOARD

The Planning Board of the Town of Poestenkill.

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[14] 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.

PROCESSING, LIGHT

See definition of "industry, light."

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[15] 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.

REQUIRED

Required by this chapter.

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.

RETAIL BUSINESS OR SERVICE

Activity involving the sale of goods or services carried out for profit.

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, HOUSE

See definition of "mobile home."

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.

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Poestenkill, as provided for in Article XIII of this chapter.

[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2]