Words and terms stated in the present tense include the future;
the singular includes the plural, unless the context requires otherwise;
the masculine includes the feminine and neuter genders; the term "shall"
is mandatory, not directory; the term "City" means the City of Poughkeepsie;
the terms "Common Council," "Zoning Board of Appeals," "Planning Board,"
"City Administrator," "Director of Planning and Development," "Building
Inspector," "Zoning Officer," "Corporation Counsel," "City Clerk"
and other designated boards and/or officers mean the respective boards
and officers of the City of Poughkeepsie so designated; the term "person"
includes an individual, corporation, partnership, firm or other combination
of persons; the term "lot" includes plot; the term "building" includes
structure; the terms "occupied" and "used" as applied to any land
or building shall be construed as though followed by the words "or
intended, arranged or designed to be occupied or used." Words not
specifically defined shall have their ordinary dictionary meaning
as in Webster's New International Dictionary; construction and building
terms shall use New York State Building Code definitions.
[Ord. of 2-22-1983, § 1; Ord. of 12-19-1983, § 1; Ord. of 7-15-1985, § 1;
Ord. of 7-7-1986, § 3; Ord. of 9-8-1987, § 4 through 6; Ord. of 2-6-1989, § 1, 2; Ord. of 10-16-1989, § 1,
2; Ord. of 3-4-1991, § 1; Ord. of 5-6-1991, § 1; Ord. of 3-16-1992, § 2, 3; Ord. of 8-3-1992, § 1;
Ord. of 7-6-1993, § 1; Ord. of 7-19-1993, § 1; Ord. of 8-21-1995, § 4; Ord. of 10-16-1995, § 1;
Ord. of 4-11-1996, § 1; Ord. of 11-21-1996, § 1; Ord. of 5-3-2004, § 2; Ord. of 4-18-2005, § 1]
As used in this Chapter the following terms shall have the meanings
indicated:
A building or use subordinate to the principal building or
use on a lot and customarily incidental to the use of such principal
building or use.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below).
ADULT MOTION PICTURE THEATERAn enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons therein.
ADULT CABARETA cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
ADULT DRIVE-IN THEATERSA drive-in theater for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons.
A narrow serviceway, providing a secondary public means of
access to abutting properties.
Any change or rearrangement in the structural parts or in
the exit facilities of an existing building or structure or an enlargement
thereof, whether by extension on a site or by an increase in height,
or moving from one location or position to another.
A building or portion thereof used for medical services,
including diagnosis and treatment of human ailments, where no overnight
accommodations are provided.
A request for a review of the Zoning Administrator's interpretation
of any provision of this Chapter or a request for a variance.
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one foot to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year.
A place of work for one or more artists, artisans, or craftspersons
where art is taught, studied, practiced, or sold, including, but not
limited to, painting, sculpture, photography, writing, vocal or instrumental
music, dance, drawing and modeling, but shall not include any art
associated with tattoos, body piercing, or an adult use.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
Any indoor premises used for spectator presentations, such
as concerts, theatrical performances, lectures and similar cultural
events, containing permanent or temporary seating.
General repair, rebuilding or reconditioning of engines,
motor vehicles or trailers, such as collision service, body repair
and frame straightening; painting and upholstering; vehicle steam
cleaning; and undercoating, or any activities defined as minor repairs,
below, affecting trucks exceeding 1 1/2 tons' capacity.
Minor repairs, incidental replacement of parts and motor
service to motor vehicles, including trucks not exceeding 1 1/2
tons' capacity, but not including any operation included in the definition
of automobile repair, major above.
Any building, land area or other premises used for the display
or sale of new or used automobiles, trucks, trailers or boats, but
not including any repair work other than warranty band other repair
service conducted as an accessory use on such premises.
Any building, land area or other premises used or intended
to be used for the retail dispensing or sales of automobile fuels,
which activity may be accompanied by accessory uses such as sales
of lubricants, tires, accessories or supplies, minor repairing of
automobiles or a single-bay auto wash; provided, however, that automobile
wrecking, major repairing of automobiles, parking or storing of automobiles
for hire and the operation of more than one towing vehicle shall not
be deemed permissible accessory uses of an "automobile service station."
The dismantling or disassembling of motor vehicles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
Any building or premises or portion thereof, the use of which
is devoted to the business of washing or waxing automobiles for a
fee, whether by automated cleaning devices or otherwise.
An establishment rented by individuals or groups to accommodate
private functions, including, but not limited to, banquets, weddings,
anniversaries, and other similar celebrations.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
An establishment in which alcoholic beverages are served,
primarily by the drink, and where food may also be served.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
The flood having a one percent chance of being equaled or
exceeded in any given year.
A story partly below curb level but having at least 1/2 of
its height, measured from floor to ceiling above the average finished
grade of the ground adjoining the building.
Any sign advertising the sale of goods, the performance of
service or the name or location of a proprietor not located on the
lot upon which the sign is displayed. An outdoor advertising sign
or mobile sign shall be included in the term "billboard."
Any dwelling with eight or fewer sleeping rooms in which
persons either individually or as families are housed or lodged for
hire or otherwise without separate kitchen facilities, with or without
meals. If there are more than eight sleeping rooms, such building
shall be considered a hotel.
A building or portion of a building used to produce and/or
broadcast audio, radio, video, or television programs.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
Any structure of permanent construction having a roof and
intended for the housing or enclosure of persons, animals, property
or business activity.
The total square footage of interior floor areas measured
on a horizontal plane at the main grade level of the principal building
and all accessory buildings exclusive of uncovered porches, terraces
and steps.
A measure of the total square footage contained within the
outer walls of a building, measured on a horizontal plane at grade
level.
A building or group of buildings in which is conducted the
principal use of the lot on which it is located.
A cafe or restaurant in which patrons are entertained by
live entertainers.
The portion of a building that is partly or entirely below
grade, which has more than 1/2 its height measured from floor to ceiling
below the average finished grade of the ground adjoining the building.
Residential development of land on which the permitted dwelling
units are concentrated on portions of the property with the remainder
set aside as permanent open space.
Any amusement machine or device operated by means of the
insertion of a coin, token, paper currency or similar object, including
electronic and computerized game machines, for the purpose of amusement
or skill and for the playing of which a fee is charged. The term "coin-operated
amusement device" shall not include any machine primarily designed
for the vending of recorded music in return for the insertion or deposit
of a coin or token or similar object.
A vehicle with a capacity of over 3/4 of a ton, used for
business purposes.
A parcel or parcels of land, together with all improvements
thereon, the use and enjoyment of which are shared by the owners and
occupants of individual building sites or dwelling units. Where "common
areas and facilities" exist, the ownership of such property may be
either public or private. Where such areas or facilities are not dedicated
to the City of Poughkeepsie or any other public body, the owner of
the "common areas and facilities" shall provide for and establish
an organization for the continued ownership and maintenance of such
"common areas and facilities." Without limiting the generality of
the preceding, the definition for "common areas and facilities" is
intended to apply to condominiums and projects or developments involving
homeowners associations.
A document or series of documents prepared by the Planning
Department and adopted by the City Council setting forth the development
policies for the future of the city.
An individually owned dwelling unit or commercial or industrial
establishment within a larger development with an interest in common
areas and facilities that service the entire development.
A facility consisting of meeting rooms, lecture rooms, and
display space, and which may include dining, used for the conduct
of business, professional or educational meetings, conferences, seminars,
or displays.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
Any retail establishment having a gross floor area of no
more than 4,000 square feet and whose primary offering is sale of
prepackaged food products, with sale of ancillary items, such as household
items and other goods commonly associated with the same.
Any retail establishment offering for sale prepackaged food
products, household items and other goods commonly associated with
the same and contained within a building with a gross floor area of
less than 1,600 square feet, including a subordinate use of self-service
gasoline pumps that are located on an outdoor island which contains
fuel tanks in which motor fuels are stored and dispersed into the
fuel tanks of motor vehicles by persons other than a service station
attendant.
A residence, commercial or industrial establishment which
is owned and operated by a mutual company which also runs and operates
all common areas and facilities, and which company is operated for
the benefit of persons or families who are entitled to occupancy of
the individual units by reason of ownership of stock therein.
That area of the lot that is covered by the building area.
A public or private establishment that documents, displays,
or offers activities involving the social, intellectual, or artistic
achievements of a society, such as a museum, performance space, or
art gallery.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
A facility duly permitted by the New York State Department
of Social Welfare for the daytime care of seven or more children for
fewer than 24 hours each day, whether or not for compensation.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazards.
A building/zoning permit required as a prerequisite to any
man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located within
the area of special flood hazard.
Premises constructed to cater primarily to the motoring public,
whether or not serving pedestrians as well, and used for the sale
to the public of any product or service and/or providing curb and/or
window service.
A lot or part thereof used primarily for the disposal, by
abandonment, dumping, burial, burning or any other means and for whatever
purpose, of garbage, sewage, sludge, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A structure designed exclusively or primarily for nontransient
residential use.
A building designed for or occupied exclusively by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
A building or portion thereof containing separate dwelling
units for three or more families, but which may have joint services
or facilities or both.
Two dwelling units attached by a common wall, with parcels
on the remaining three sides.
One or more rooms consisting of living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
Area enclosed within the outside walls of the dwelling unit,
with a structural ceiling height of at least seven feet six inches,
excluding porches, garages, terraces, steps, public hallways and similar
public spaces, cellars and basement rooms, used for storage, utility
installations and other similar purposes.
Authorization by one property owner for the use of all or
a portion of his property by another person for a specific purpose.
A building without a basement and built to have the lowest
floor elevated above the ground level by means of fill, solid foundation
perimeter walls, pilings, columns (posts and piers) or shear walls.
Any action which was undertaken, funded or approved prior
to the effective dates set forth in State Environmental Quality Review
Act (SEQR).
A multiple dwelling containing not fewer than 10 units which
is used primarily for the purpose of providing temporary housing to
long-term visitors to the community for compensation. Each unit in
an "executive residence house" shall consist of not less than one
bedroom, one bathroom, one kitchen and one (1) living room which shall
be divided from one another by permanent partitions.
Any one of the following (applicable to Section 19-4.17 of this Chapter relating to environmental quality review):
Enforcement or criminal proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings;
Ministerial actions;
Maintenance or repair involving no substantial changes in existing
structure or facility;
With respect to the requirements of Subdivision 2 of Section 8-0109 of Article 8 of the Environmental Conservation Law, actions requiring a certificate of environmental compatibility and public need under Articles VII and VIII of the Public Service Law and the consideration of, grant of or denial of any such certificate;
Actions undertaken or approved prior to the effective date(s) of Article 8 of the Environmental Conservation Law; an action shall be deemed to be undertaken or approved prior to such date(s) if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969; or
Actions which are immediately necessary on a limited emergency
basis for the protection or preservation of life, health, property
or natural resources.
An exterior wall of a building that is adjacent to or fronts
on a public street, park, or plaza.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter's registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
A home duly permitted by the New York State Department of
Social Welfare in which care is provided for three to six children
for fewer than 24 hours each day for compensation.
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state, usually served in paper, plastic or other disposable containers,
for consumption either within the restaurant building, elsewhere on
the premises or for carry-out for consumption off the premises.
The ground or lowest story of a building entirely above the
level of the ground around the building.
An official map published by the Federal Emergency Management
Agency as part of a flood insurance study. The "FBFM" delineates the
regulatory floodway along watercourses studied in detail in the flood
insurance study.
The maximum area of the floodplain which is likely to be
flooded by a one-hundred-year flood, or any area for which mud slides
can reasonably be anticipated.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, as well as the flood boundary-floodway
map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The relatively flat area or lowlands adjoining the channel
of a river, stream, watercourse, canal or any body of standing or
tidal water, which has been or may be covered by floodwater.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures, primarily for
the reduction or elimination of flood damage to lands, water and sanitary
facilities, structures and contents of buildings.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in the flood insurance study or by other agencies as provided in Section 19-4.6(c)(3)b.
The top surface of an enclosed area in a building (including
basement), such as the top of slab in concrete slab construction or
the top of wood flooring in wood-frame construction.
The sum of the gross horizontal areas of the several floors
of the building or buildings, measured from the interior faces of
exterior walls, or from the center line of walls separating two buildings.
In particular, the "floor area" of a building or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment.
Penthouses.
Attic space (whether or not a floor has actually been laid)
providing structural headroom of seven feet six inches or more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory off-street
parking.
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However, the "floor area" of a building shall not include:
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Cellar space, except that cellar space used for retailing shall
be included for the purpose of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
Elevator and stair bulkheads, accessory water tanks and cooling
towers.
Uncovered steps.
Terraces, breezeways and open spaces.
Accessory off-street parking spaces.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars, heater
rooms and basements having a window area of less than 20% of the square
foot area of the room. Usable floor area shall be deemed to include
all spaces not otherwise excluded above, such as principal rooms,
utility rooms, bathrooms, all closets and hallways opening directly
into any rooms within the dwelling unit and all attic space having
a clear height of at least five feet from finished floor level to
pitch of room rafter with a clear height of seven feet six inches
from finished floor level to ceiling level over 50% of the area of
such attic space.
The ratio of the floor area of a building divided by its
lot area.
Lowest level including basement, crawl space or garage of
the lowest enclosed area.
A measure of illumination being the illumination at all points
one foot from a uniform point source of one candle power.
A residence occupied and maintained by and for the exclusive
use of a fraternity or sorority affiliated with a recognized institution
of higher learning.
Linear distance of a lot along street line.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair. The term does not include
long term storage, manufacture, sales or service facilities.
An enclosed space for the storage of one or more motor 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.
Any garage other than a private garage, available to the
public, operated for gain and which is used for temporary storage
of automobiles or other motor vehicles.
Natural surface of the ground or surface of the ground after
completion of any change in contour.
The weight of a commercial vehicle, plus its maximum load-carrying
capacity designated by the manufacturer and shown on the vehicle registration.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and the ridge for gable,
hip and gambrel roofs.
The highest natural elevation of the ground surface, prior
to construction, next to proposed walls of a structure.
The following series of definitions relate to historic district
and landmark preservation:
Commission. The Historic District and Landmark
Preservation Commission of the City of Poughkeepsie.
Exterior architectural feature or exterior feature. The architectural style, design, general arrangement and components
of all of the outer surfaces of an improvement, as distinguished from
interior surfaces, including but not limited to the kind, color and
texture of the building material and the type and style of all windows,
doors, lights, signs, other fixtures and plantings appurtenant to
such improvement.
Improvement. Any building, structure, place,
work of art, sign, planting site or other object constituting a physical
betterment of real property or any part of such betterment.
Historic District. Any area which contains
places, sites, structures or buildings which have a special character
and ambience or historical value or aesthetic interest and which represent
one or more periods or styles of architecture of an era of history
and which cause such area to constitute a distinct section of the
city and is so designated by the Common Council under the provisions
of this chapter.
Landmark. Any place, structure or building
of historical value or aesthetic interest by reason of its antiquity
or uniqueness of architectural design or as part of the development,
heritage or cultural characteristics of the City, county, state or
nation.
Landmark and Historic District Map. A map to
be prepared and maintained by the planning department identifying
the location of all landmarks, landmark sites and historic districts.
Landmark Site. A parcel or part thereof on
which is situated a landmark and any abutting parcel or part thereof
constituting part of the premises on which the "landmark" is situated.
Styles of Architecture. Style recognized by
one of the following organizations:
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The National Register of Historic Places
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Historic American Buildings Survey
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Historic American Engineering Record
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National Park Service of the United States Department of the
Interior
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Division of Historic Preservation, New York State Office of
Parks and Recreation
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National Trust for Historic Preservation
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Society of Architectural Historians
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Any use customarily conducted entirely within a dwelling
and carried on by the resident thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes.
A building used for diagnosis, treatment and care of human
ailments.
A facility with guest rooms or suites with access from an
interior hallway rented to the general public for overnight or temporary
lodging for 30 days or less, and which may include accessory uses,
such as a restaurant, kitchen facilities, swimming pool, gym, gift
shop, and meeting rooms.
[Amended by L.L. No. 4-2014, 11-17-2014, § 1]
The following is a series of definitions of various types
of residential uses that are designed to assist in the care and/or
rehabilitation of persons who are wards of the state:
Agency community residence. A transitional
or long-term noninstitutional residence for persons of 21 years or
over who do not require hospitalization, but who are unable to function
adequately in their own home or other completely independent living
environment, which is operated by or sponsored by or subject to the
approval of a public social service or mental hygiene agency or private,
nonprofit agency authorized by the New York State Department of Social
Services.
Agency group home. A noninstitutional home
set up in theory, size, appearance and structure to bear the general
character of a family unit in a relatively permanent household headed
by a household or householders for not fewer than seven nor more than
12 placed, committed or boarded minors under the age of 21, which
is operated or sponsored by or subject to the approval of a public
social service agency or private nonprofit child caring agency, authorized
by the New York State Department of Social Services.
Family care home. A private home authorized
by the New York State Department of Social Services providing residential
care for up to six mentally disabled persons who are no longer in
need of inpatient care and treatment, but who are not yet capable
of functioning adequately in their own homes or in other living arrangements.
Intermediate care facility. A public or private
home or other facility approved by the New York State Department of
Health to provide health-related care and services to adults, who
because of their physical or mental condition require institutional
care and services, but who do not require the level of service provided
in a hospital or skilled nursing care facility.
Domestic violence shelter. A congregate residential
facility, licensed by New York State Department of Social Services,
providing a capacity of not more than 20 persons including adults
and children organized for the exclusive purpose of providing temporary
shelter and emergency services and care to victims of domestic violence
and their minor children.
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or other material; or for the collecting, dismantling, storage and
salvaging of machinery or vehicles not in running condition and for
the sale of parts thereof. The placing, parking, storing or permitting
to be placed, parked or stored in view of any public highway of more
than two dismantled or unregistered and inoperative motor vehicles
on any piece of property for more than one day or if on the premises
of a legally established garage or repair shop for a period of more
than 30 days shall be deemed to constitute the operation of a junkyard
on said premises.
Any establishment where dogs or cats are raised for the purpose
of sale, breeding, training or exhibition or are boarded for a fee
or are sheltered for humanitarian reasons.
The dividing line between the street and the lot.
A dwelling unit that includes a workspace appropriate for
the practice of an occupation permitted in the district and conducted
by a resident in the dwelling. If any retail sales or services to
the public are conducted in the workspace, it shall be located on
the ground floor.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
Unobstructed, suitably surfaced area, no part of which is
located on any street or public right-of-way, the principal use of
which is to accommodate trucks while loading and unloading.
Land delineated by lot lines, that is vacant or occupied
or to be occupied by a building to be used for a single principal
use and its accessory buildings or uses, together with any open spaces
are as remaining; provided, however, that for purposes of the definition
of "lot," office parks, shopping centers, condominiums, townhouses
and multifamily dwelling developments and their accessory buildings
or uses, together with any open spaces as are remaining, shall be
considered one principal use.
The total horizontal area included within the lot lines.
A lot at the junction of and abutting on two or more intersecting
streets when the interior angle of intersection of the street line
does not exceed 135°.
The horizontal distance between the midpoints of the front
and rear lot lines measured in the general direction of the side lot
lines.
A lot located in such a position that it is to the rear of
some other lot fronting on the same street and served by means of
an accessway.
A lot other than a corner lot.
A boundary of a lot.
The street line along the principal street on which the lot
abuts.
The lines separating the lot from the immediately adjacent
lot.
The boundary opposite the front line, but should this be
less than 10 feet in length or should the lot come to a point at the
rear, the rear lot line shall be deemed to be a line parallel to the
front line, not less than 10 feet in length, lying wholly within the
lot and farthest from the front line.
A lot which is part of a subdivision recorded in the office
of the City or County Clerk or a lot or parcel described by metes
and bounds which has been so recorded prior to the effective date
of this chapter or any amendment thereof that would affect such lot.
A lot which is not a corner lot and which has two street
lines.
The distance between the side lot lines measured across the
required front yard minimum setback line parallel with the street.
The lowest floor surface of the lowest enclosed area, including
basement or cellar, in a structure. An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement is not considered a building's
"lowest floor," provided, that such enclosure is not built so as to
render the structure in violation of the applicable nonelevation design
requirements of this chapter.
For flood damage prevention purposes, a structure transportable
in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected
to the required utilities. The term also includes park trailers, travel
trailers and similar transportable structures placed on a site for
180 consecutive days or longer and intended to be improved property.
Any process whereby the nature, size or shape of articles
or raw materials is changed, or where articles are assembled.
Any premises containing one or more piers, wharves, docks,
moorings, bulkheads, buildings, slips or basins primarily for the
docking, mooring, storage and servicing of boats for compensation.
The retail sales of creative arts or crafts objects, food,
flowers, or agricultural products, occurring in an approved outdoor
area or building, where the vendors are individuals who have been
involved in producing the products or have taken them on consignment
for retail sale.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
For flood damage prevention and national flood insurance
program purposes, the National Geodetic Vertical Datum (NGVD) of 1929
or other datum, to which base flood elevations shown on the community's
Flood Insurance Rate Map are referenced.
An unincorporated association of persons for common social
purpose, or an association incorporated under the Membership Association
Law, and which association or membership corporation is not conducted
for profit and is not a part of, related to or associated with a profit-making
venture, and which is managed by officers or directors, serving without
pay and chosen or elected directly by members who form such an association
or membership corporation.
A small retail store selling commonly purchased household
goods, groceries and impulse items and located in the same building
as an auto service or gasoline station and operated in conjunction
with said service station with common parking. For purposes of this
definition, a small retail store shall not exceed 400 square feet
of improved interior floor space.
An action performed upon a given state of facts in a prescribed
manner imposed by law without the exercise of any judgment or discretion
as to the propriety of the action, such as the grant of a dog license.
A building or group of buildings consisting of individual,
self-contained units for the storage of customer goods or wares.
Development or redevelopment of a building or group of buildings
for the purpose of allowing a combination of permitted uses with complementary
functions, such as residential above retail, and which share parking
areas, pedestrian access, and other site features.
[Amended by L.L. No. 4-2014, 11-17-2014, § 1]
A vehicle used for living and sleeping quarters standing
on wheels or on a rigid support; and not built to State Building Construction
Code. A prefabricated dwelling built to State Construction Code regulations
shall not be considered a mobile home.
A building which consists of a minimum of two large sections,
each of which must be transported to the site separately, with heating
system to be installed and siding applied after the modular home is
erected.
Structure for which the "start of construction" commenced
on or after the effective date of this chapter.
A standard restaurant, which is open at night, serving food
and drink and providing music, live or recorded, often with space
for dancing.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
A building which contains a use permitted in the district
in which it is located but which does not comply with one or more
district regulations respecting lot area, width or depth; front, side
or rear yards; maximum height; lot coverage; or landscaping, screening
or fencing requirements.
A lot of record which does not comply with lot requirements
for any permitted use in the district in which it is located.
Any sign lawfully existing prior to the date of enactment
of any provision of this chapter or any amendment thereto to which
it does not conform.
A use, whether of a building or land, or both, which does
not conform to the regulations respecting permitted uses as set forth
in this chapter for the district in which it is situated, but which
lawfully existed prior to the enactment of this chapter or any revision
or amendment thereto and which is maintained after the effective date
of this chapter or such revision or amendment.
An establishment where woody or herbaceous plants are grown
for sale, including a structure for the sale of such merchandise.
A place providing or designed to provide daytime care or
instruction by an individual association, corporation, institution
or agency, whether or not for compensation or reward, for seven or
more children from the age of two years to five years inclusive, away
from their homes for more than 2 1/2 but fewer than 10 hours
per day.
A building or portion of a building where services are performed
that are predominantly administrative, professional, or clerical operations.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
A group of two or more principal buildings and their accessory
buildings or uses, together with any open spaces as are remaining,
located on one lot, which buildings shall have a unified site plan
and shall be designed to function as one project. The buildings in
an "office park" shall be occupied or used principally for business
or professional offices. The buildings may be occupied or used, on
an accessory, incidental basis, for the sale of goods, materials or
products. Manufacturing, assembling, servicing and repair are prohibited
activities in an "office park."
A flood of such magnitude as may reasonably be expected to
be equaled or exceeded on an average of once every 100 years; the
term also means that level of flooding having a 1% probability of
occurrence in any year.
An unoccupied space open to the sky on the same lot with
a building.
An open area, other than a street, used for the temporary
parking of more than four automobiles and available to the public
whether free, for compensation or as an accommodation for clients
or customers.
An area for the temporary storage of a motor vehicle located
in other than a public street or other public way and having a width
of not less than nine feet and a length of not less than 20 feet and
having a permanent means of access to a public street or public alley
without requiring passage through another parking space.
A wall common to and separating two buildings, constructed
of noncombustible material, with a fire-resistance rating of not less
than two hours.
An establishment or place of business primarily engaged in
the provision of recurrently needed services of a personal nature.
Typical uses include, but are not limited to, beauty and barber shops,
shoe repair shops, tailor shops, and spas.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
A development planned as a single unit, consisting of a mix
of residential units and open spaces and related uses and facilities.
Unenclosed portion of a residential structure extending outward
from an exterior wall, with or without a roof.
The primary use of a lot.
A private facility operated for the purpose of providing
suitable care for two or more adults who, though not requiring medical
or nursing care, do require, in addition to lodging and board, the
services of attendants to assure their safety and comfort and to enable
them to be bathed, dressed, fed and to move about.
Office for person or persons whose vocation or occupation
requires advanced training in a liberal art or science and whose work
usually involves nonmanual work.
A use operated by a public or not-for-profit entity and used
for a public purpose, such as a library, public safety building, post
office, public utility building, or community center.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
A vehicle towed or self-propelled on its own chassis or attached
to the chassis of another vehicle and designed or used for temporary
living, recreation or sporting purposes. The term "recreational vehicle"
shall include but not be limited to travel trailer, pickup campers,
camping trailer, converted trucks and buses, boat and skimobile trailers
and similar vehicles.
A commercial establishment equipped for the conduct of sports
or leisure-time activities, such as a gym, fitness or martial arts
center, swimming pool, or health club, but not including video or
other game arcades.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state and whose design or principal method of operation includes one
or both of the following characteristics:
Customers, normally provided with an individual menu, are served
their foods, frozen desserts or beverages by a restaurant employee
at the same table or counter where said items are consumed.
A cafeteria-type operation where foods, frozen desserts or beverages
generally are consumed within the restaurant building.
An establishment engaged in the sale to the general public
of general merchandise for direct use or consumption, including on-premises
incidental production or assembly, but not including sale to another
business for resale purposes. Any establishment separately defined
in this chapter shall not be considered a retail establishment.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
A device incorporating a reflective surface that is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone or horn. Such device is used to transmit and/or receive radio
or electromagnetic waves between terrestrial and/or orbital-based
uses.
An institution providing full-time day instruction and a
comprehensive course of study in elementary and/or secondary education
which meets the requirements of the New York State Education Law.
An island which contains fuel tanks in which motor fuels
are stored and dispersed into the fuel tanks of motor vehicles by
persons other than a service station attendant.
A tract of land, with buildings, planned as a whole, intended
for three or more retail establishments, with common accessory parking
on the same site.
Any structure or part thereof attached thereto or painted
or represented thereon, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement. The word "sign" does not include the flag, pennant
or insignia of any nation, state, city or other political unity or
signs devoted to prohibiting trespassing. The following words and
phrases shall have the meanings respectively ascribed to them herein
particularly as they relate to sign regulations:
ACCESSORY SIGNAny sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
AWNINGA roof-like covering of canvas, fiberglass or other material attached to a metal or other frame and supported entirely from a building or other structure.
FREESTANDING SIGNThose signs which are affixed to the ground and not attached to a building.
FRONT FACEThe outer surface of a building which is visible from any public street or walkway. A building may have more than one "front face."
ICONIC SIGNA sign which is a traditionally accepted pictorial symbol conveying the nature of the business, normally constructed in heavy relief or is three-dimensional.
INTERIOR SIGNAny sign, except address numbers that are affixed to or painted on the interior of a window or door or located within six inches of the inside face of the window or a door which sign is designed to be visible from the exterior of the window or door.
MOBILE SIGNA sign not permanently affixed to a structure or to the ground (see also "billboard").
MARQUEE SIGNA sign which is part of attached to or hung from a marquee, canopy or other covered structure projecting from and supported or partially supported by a building.
PROJECTING SIGNA sign which is affixed to an exterior wall of the structure extending perpendicular from the wall and with the sign surface plane (upon which the typography is displayed) perpendicular to or at an angle to the wall plane.
ROOF SIGNA sign which is erected, constructed or maintained on, partly above or as part of, the roof of any building.
SIGN AREAThe area measured as follows:
When such sign is on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or outline shall
be included.
When such sign consists only of letters, designs or figures
engraved, painted, projected or in any manner affixed on a wall or
a fascia panel integrated into the building design, the total area
of such sign shall be deemed the area of the smallest triangle, rectangle
or circle within which all of the matter of which such sign consists
may be inscribed.
TEMPORARY SIGNA sign which is designed to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of a particular item or items which will be available for a limited period.
WALL SIGNA sign which is affixed or painted on to an exterior wall of the structure and with the sign surface plane (upon which the typography is displayed) in the same plane as the wall plane.
A plan that indicates the proposed development and use of
land or structures.
A facility operated for the purpose of provided lodging,
board and nursing care to sick, invalid, infirm, disabled or convalescent
persons for remuneration.
A use of property that is basically appropriate to a given
zoning district, but which may be incompatible in some locations within
the district and therefore is not permitted by right everywhere within
such district. A "special permit use," therefore, is one which is
allowable only when facts and conditions specified in this Chapter
as those upon which the use is permitted are found to exist.
Any building or site that has as its principal purpose operation
of a facility for participatory sporting events. Such a complex may
include retail or restaurant uses completely enclosed within a principal
structure.
[Added by Ord. No. O-11-24, 12-5-2011, § 1]
The initiation, excluding planning and design, of any phase
of project or physical alteration of the property, including land
preparation, such as clearing, grading and filling; installation of
streets and/or walkways; excavation for a basement, footings, piers
or foundations; or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages, sheds), storage trailers and building materials. For manufactured
homes the "actual start" means affixing of the manufactured home to
its permanent site. "Start of construction" includes substantial improvement.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next above it. If the finished floor level directly above a basement
is more than six feet above grade, such basement shall be considered
a "story."
A public way or private thoroughfare which affords legal
access to abutting property.
A street providing for through traffic movement between areas
and across the city with direct access to abutting property. The street
is subject to required traffic control of entrances, exits and curb
use.
A roadway used primarily to collect traffic from local streets
and feed arterials and so designated in the traffic component of the
Comprehensive Plan of the City of Poughkeepsie.
A roadway used to move traffic into, through and out of major
portions of the city, designed for heavy traffic and so designated
in the traffic component of the Comprehensive Plan of the City of
Poughkeepsie.
A roadway whose major purpose is to provide direct access
to properties and is so designated in the traffic component of the
Comprehensive Plan of the City of Poughkeepsie.
A roadway running parallel to and used primarily for providing
access to an expressway or arterial and providing access to properties
along such streets and so designated on the traffic component of the
Comprehensive Plan of the City of Poughkeepsie.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
A living arrangement for no more than three students per
dwelling unit, attending or about to attend a college, or who are
on a semester or summer break from studies at a college or university,
or any combination of such persons. Student residences shall not include
fraternities, sororities or community residential programs. The occupants
must share the entire dwelling unit as a single housekeeping unit.
A unit in which the various occupants act as separate roomers shall
be deemed to be occupied as a rooming house.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either:
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(1)
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Before the improvement or repair is started; or
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(2)
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If the structure has been damaged and is being restored, before
the damage occurred.
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For the purposes of this definition "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
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(1)
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Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
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(2)
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Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
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An outdoor water pool which is intended to be used for swimming
or bathing. An "outdoor water pool" shall, for the purposes of this
Chapter, be construed to mean any swimming pool, tank, depression
or excavation in any material, dike or berm constructed, erected,
excavated or maintained, which will cause the retention of water to
a greater depth than 18 inches or having a plane surface area of water
greater than 100 square feet. This definition includes in-ground as
well as aboveground swimming pools.
A dwelling in which overnight accommodations are provided
or offered to transient guests for compensation.
One of several units in a building, which unit is designed
for and occupied exclusively as a residence for not more than one
family living independently of any other family, separated from other
units by a party wall or walls and erected on a lot intended to be
held in the form of a condominium or in single and separate ownership
from any adjoining units.
Daily or weekly occupancy.
A pedestrian-friendly, mixed-use building or neighborhood
within a 1/2 mile walk of a rail station or major transit stop, designed
to take advantage of existing infrastructure, integrate housing with
other uses, improve access to jobs and economic opportunities, increase
transit ridership, and reduce pollution and auto dependency.
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
A plan for use of land within officially designated urban
renewal area.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all said occupants.
The specific purpose for which land or a building is designed,
intended or for which it is or may be occupied or maintained.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
A building used primarily for the storage of goods and materials. However, for purposes of the Zoning Code, specifically excluded from this definition are a "self-storage facility," as defined in Section 19-3.25, and a "miniwarehouse," as defined in Section 19-2.2.
[Added 5-7-2024 by L.L. No. 7-2024]
A window other than a kitchen or bathroom window that is
required under the provisions of any applicable building or housing
code.
Work space appropriate for the practice of home occupations
or other professional occupations that do not require regular visits
by clients, customers or the general public, that includes an accessory
living space occupied by the person practicing the home occupation
or other professional occupation.
A space on the same lot with a main or principal building,
open, unoccupied and unobstructed by buildings or structures from
the ground to the sky, except as otherwise provided in this chapter.
An open, unoccupied space extending across the full width
of the lot, between the front lot line and a line drawn parallel thereto.
An open, unoccupied space extending across the full width
of the lot between the rear lot line and a line drawn parallel thereto.
Any yard measured between a line drawn parallel to a street
or lot line at a distance equal to the respective minimum yard dimension
required by this chapter.
An open, unoccupied space between the building and the side
line of the lot and extending from the front yard to the rear yard.
Any lot line not a rear line or a street line shall be deemed a "side
line."
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
Chapter.
