A.
Words used in the present tense include the future; the singular
number includes the plural and the plural the singular; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the word "plot." The term "occupied" or "used" as applied to any building
shall be construed as though followed by the words "or intended, arranged
or designed to be occupied or used." All other words used in this
chapter shall carry their customary meanings.
B.
ACCESSORY BUILDING OR USE
AGRICULTURE
ALTERATION
ANIMAL HOSPITAL
APARTMENT
BASEMENT
BILLBOARDS
BOARDING-, LODGING OR ROOMING HOUSE
BUILDING
CAR WASH
CASTLETON-ON-HUDSON
CELLAR
COIN-OPERATED LAUNDRY
COMMERCIAL LAUNDRY OR DRY CLEANERS
CONSERVATION
COURT, INNER
COURT, OUTER
COURT, OUTER, DEPTH OF
COURT, OUTER, WIDTH OF
COVERAGE
DRIVE-IN
DRIVE-IN MOVIE
DUMP
DWELLING
DWELLING, DUPLEX
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, ROW OR ATTACHED
DWELLING, TWO-FAMILY
DWELLING UNIT
EXTERIOR ARCHITECTURAL FEATURES
FAMILY
FARM
FARMER'S MARKET
FENCE
FLOOR AREA
FLOOR AREA, LIVABLE
FOWL
FRONTAGE
FUEL OIL STORAGE
GARAGE
GARAGE, PRIVATE
GASOLINE STATION
GROUP HOME
HABITABLE ROOM
HEIGHT OF A STRUCTURE
HOME OCCUPATION
HOTEL, VILLAGE
ILLUMINATION, DIRECT
ILLUMINATION, INDIRECT
JUNKYARD
KENNEL
LANDSCAPE PLANTING
LIVESTOCK
LOT
LOT, CORNER
LOT DEPTH
LOT LINE
LOT LINE, REAR
LOT WIDTH
MANUFACTURING
MARINA or BOAT BASIN
MEDICAL CLINIC
MOBILE HOME
MODULAR HOME
MOTEL
MOTOR VEHICLE REPAIR SHOP
MOTOR VEHICLE SALES LOT
NONCOMPLYING BUILDING
NONCONFORMING BUILDING, NONCONFORMING STRUCTURE OR NONCONFORMING
USE
NURSERY SCHOOL
NURSING HOME/REST HOME
OUTDOOR MARKET
PARKING LOT
PARKING SPACE, OFF-STREET
PASSIVE RECREATION
PETS
PRINCIPAL BUILDING
PROFESSIONAL OFFICE
PUBLIC WATER, PUBLIC SEWER
RECREATIONAL VEHICLE
RESTAURANT
RETAIL
RIGHT-OF-WAY
ROADSIDE STAND
SCREENING
SIGN
SIGN AREA
SIGN, ARTISAN'S
SIGN, ATTACHED
SIGN, FREESTANDING
SIGN, REAL ESTATE OR CONSTRUCTION
SIGN, TEMPORARY
SLIP
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
(1)
(2)
(3)
(4)
(5)
(6)
SWIMMING POOL, NONCOMMERCIAL
TAVERN/NIGHTCLUB
USABLE OPEN SPACE
USE, ACCESSORY
USE, PERMITTED
USE, PRINCIPAL
VARIANCE
VARIANCE, AREA
VARIANCE, USE
VILLAGE
WHOLESALE
YARD, FRONT
YARD, LINE
YARD, REAR
YARD, REQUIRED
YARD, SIDE
Unless otherwise expressly stated, the following terms shall for
the purpose of this chapter have the meaning herein indicated:
A building or use clearly incidental or subordinate to, and
customarily in connection with, the principal building or use on the
same lot.
The raising of crops, animals or animal products.
Any material change in the exterior architectural features of any structure (applies only to Historic Overlay District) less than demolition, removal or construction of any such structure. Any renovation of the interior of such a structure which has no appreciable effect upon the exterior architectural features of the structure shall not be deemed an "alteration" for application of Article IX.
Premises for the medical and/or surgical care of injured
animals with or without accessory boarding accommodations for convalescence.
The term "animal hospital" shall also include veterinary clinic.
See "dwelling, multiple."
A story in a building, the structural ceiling level of which
is four feet or more above the average level of finished grade, and
the floor level of which is below finished grade at any point on the
periphery of the building.
Any sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed, or only incidentally
upon such lot.
A private dwelling in which at least two 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.
Any structure which is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing
or enclosure of persons, animals or chattel.
Premises regularly used for washing, cleaning or polishing
motor vehicles for compensation.
The Incorporated Village of Castleton-on-Hudson, Rensselaer
County, New York.
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade.
Premises equipped with individual clothes washing and drying
and/or cleaning machines which are operated by the customers themselves.
Premises equipped with machines for washing and drying and/or
chemically cleaning and pressing clothes left by customers and picked
up after cleaning. Commercial laundry or dry cleaners also include
premises which serve only as customer dropoff and pickup locations,
and which send customers' clothes off the premises for cleaning
and pressing.
The protection or management of land in a natural state,
including management practices such as clearing and replanting, stream
channel maintenance and erosion control, among others.
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimension of the unenclosed side of the court.
The area covered by all buildings on a lot, expressed as
a percentage of the total lot area.
Premises constructed to cater to the motoring public, whether
or not serving pedestrians as well as the automobile trade, and providing
curb and/or window counter service.
An open lot, together with appurtenant facilities, where
motion pictures are shown to paying customers seated in automobiles
or on outdoor seats.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, burning or any other means, and for
whatever purpose, of garbage, offal, sewage, trash, refuse, junk,
discarded machinery, vehicles or parts thereof, or waste material
of any kind.
A building containing one or more dwelling units used for
long-term, year-round human habitation. The term "dwelling" shall
not include boardinghouse, hotel, nursing home, hospital, camp, travel
trailer or other accommodations used for seasonal or relatively transient
occupancy.
A one-family dwelling separated by a party wall from only
one adjacent building.
A building or portion thereof containing three or more dwelling
units, sharing common sewer and water services.
A detached building containing one dwelling unit only.
A one-family dwelling with party walls separating it from
adjacent units on both sides having separate water and sewer service.
A detached building containing two dwelling units only.
A building or an entirely self-contained portion thereof,
containing complete housekeeping facilities for only one family, including
any domestic servants employed on the premises, having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A mobile home, a boardinghouse or rooming house, convalescent
home, fraternity or sorority house, hotel, inn, lodging, nursing or
other similar homes, or other similar structure, shall not be deemed
to constitute a dwelling unit.
The architectural style, general design and general arrangement
of the exterior of a building, including the color, the kind and texture
of building material, and the type and style of the doors, light fixtures,
signs and other appurtenant fixtures.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit.
A farm is a parcel of land used principally in the commercial
raising or production of agricultural products and the necessary or
usual dwellings, farm structures, storage and equipment. "Agricultural
products" shall include, but are not limited to, field crops, vegetable
crops, fruit, woodland products, livestock and livestock products
and fowl. It excludes kennels and stables used by the public.
A seasonal outdoor market for the sale of fresh produce,
plants and food products grown or made by the individuals selling
the produce or products. A farmer's market operates for no more
than two days per week for a time period not exceeding six hours per
day. Operation of a farmer's market shall be in strict compliance
with a farmer's market cooperative agreement to be approved by
and filed with the Village Board.
A barrier composed of natural, living or man-made material
and intended to prevent or restrict passage or view or to mark a boundary.
[Amended 8-17-1987 by L.L. No. 1-1987]
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings.
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 10% of the square foot
area of the room. "Usable floor area" shall 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 six feet from finished floor level to pitch of roof 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.
Animals, including but not limited to domestic birds such
as chickens, ducks, geese, turkeys, pheasants or pigeons raised in
confinement.
The horizontal distance between the side lot lines measured
along the street line.
Premises used for the storage of fuel oil, kerosene or other
combustible fuel in tanks for the sale by motor vehicle or other means
of conveyance to purchasers at some other location, and excluding
gasoline storage used at gasoline stations for retail sales, or tanks
used by individuals when fuel is not sold.
Premises used for storage, display, sale, rental, service
or repair of motor vehicles.
An accessory garage used by the occupants of the principal
structure for storage of one or more vehicles or boats and within
which no business, occupation, service or industry shall be conducted
for profit.
A garage which is used primarily for the sale and delivery
of gasoline or other fuel for the propulsion of motor vehicles. A
gasoline station may include accessory sale and installation of oil
or other lubricating substances, tires, batteries and other motor
vehicle accessories. A gasoline station may also conduct minor vehicle
repairs. A gasoline station may also include a quick-stop retail food
store, provided that the store is an integral part of the gasoline
station.
A dwelling which is occupied by unrelated persons who may
be handicapped or developmentally disabled and which is supervised
by a paid or volunteer live-in counselor.
A room having one or more windows opening directly on a street
or yard as required by the Building Code of the Village[1] and designated to be used for living, sleeping, eating
or cooking. Any floor space enclosed on four sides by permanent walls,
having a height from the floor of four feet or more, shall be counted
as an habitable room. Neither a bathroom, toilet room, vestibule or
similar small passage or storage area, nor a cooking space or kitchen
having an area of less than 100 square feet, shall be counted as a
separate room.
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure, to the
highest point of the building or structure, excluding the chimney.
Any endeavor such as a profession or other occupation customarily
conducted within a dwelling for profit by persons residing therein.
A building which retains the scale and character of the early
architecture of Downstreet, and which serves primarily as a community-oriented
meeting place having a restaurant and accessory tavern/bar facilities,
common meeting-sitting rooms and sleeping rooms for transient overnight
guests for compensation.
Illumination which incorporates any artificial lighting as
an inherent part or feature or which depends for its illumination
on transparent or translucent material or electricity or radio-activated
or gaseous material or substance.
Illumination with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material; or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition,
and for the same of parts thereof. A "junkyard" shall mean and include
a junkyard within the meaning of § 136 of the General Municipal
Law.
Premises used for the sale, harboring, breeding or care of
dogs for compensation.
The functional and aesthetic planting and maintenance of
trees, shrubbery and flowers in relationship to man-made structures
and the existing natural landscape elements.
Animals, including but not limited to domestic animals such
as sheep, goats, cattle, swine and horses which are kept on a farm.
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings accessory thereto, if any, together with the
required open spaces appurtenant to such building or group of buildings.
A lot at the junction of, and abutting on, two or more intersecting
streets, where the interior angle of intersection does not exceed
135°. A lot abutting a curved street shall be deemed to be a corner
lot if the tangents to the curve at the points of intersection of
the side lot lines with the street lines intersect at an interior
angle of less than 135°.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line; if the
rear lot line is less than 10 feet in length, or if the lot comes
to a point in the rear, the rear lot line shall be deemed to be a
line parallel to the street line not less than 10 feet long lying
farthest from the street line.
The dimension measured along the front yard line at substantially
right angles to the depth of the lot.
The fabrication, alteration, processing, finishing, handling
or assembly of raw materials and packaging, warehousing and storage
of articles in quantity.
Any premises containing one or more piers, wharves, docks,
moorings, bulkheads, buildings, slips, basins or land under water
designed, used or intended to be used primarily for the docking or
mooring of boats for compensation.
Any structure or group of structures occupied by medical
practitioners and related services for the purpose of providing health
services to people on an outpatient basis.
A transportable, one-family dwelling on a chassis, movable
either on its own or by being drawn by another vehicle, equipped for
year-round occupancy and containing the same water supply, waste disposal,
heating and electrical conveniences as immobile housing. A modular
home is not a mobile home.
A structure made of prefabricated sections manufactured at
another location, shipped to their ultimate destination and assembled
on a foundation to form a permanent single-family row house or multiple-family
unit and which meets all New York State requirements concerning factory-manufactured
housing. A modular home is constructed of building materials and in
a manner which is similar to the materials and construction techniques
used for conventional housing. A modular home is not, for the purposes
of this chapter, a mobile home.
Any building or group of buildings containing rooms or apartments
that are rented or hired out for sleeping purposes for compensation
primarily to a transient clientele, and which rooms have direct outside
access (the term "outside access" to include access to open or screened
porches), including groups designated as motor inn, tourist cabins
or roadside hotel.
A shop which may provide the services of a gasoline station
and which conducts motor vehicle repairs, such as rebuilding and reconstruction
of motor vehicles, including:
Premises used for the display of new or used automobiles
or equipment for sale.
A building which contains a use permitted in the district
in which it is located, but which does not conform to the district
regulations for: lot area, width or depth; front, side or rear yards;
maximum height; lot coverage; or minimum livable floor area per dwelling
unit.
A building, structure or use of land, lawfully existing on
the effective date of this chapter which, as a result of the adoption
of this chapter or amendment hereto, does not conform to the regulations
of the district in which it is located.
[Amended 10-27-1997 by L.L. No. 6-1997]
A premises licensed by New York State and operating under
the applicable provisions of the New York State Education Law and
the Social Services Law for the organized care and supervision of
preschool children. The term "nursery school" includes kindergarten,
day-care center, day school and the like. It shall not, however, be
construed to include informal child care in the home, whether for
compensation or not.
A structure where persons not related to each other are housed
or lodged and furnished with meals and nursing care or other care
necessary to maintain their health or welfare by persons paid for
providing the care.
An organized market not classified as a farmer's market
at which participants sell goods which may include goods other than
food or produce. An outdoor market operates on a seasonal basis for
no more than two days per week for a time period not exceeding six
hours per day. An outdoor market shall operate in strict compliance
with a cooperative market agreement approved by and filed with, the
Village Board.
Land which is open or semi-enclosed by structures and which
is used to provide off-street parking spaces.
A space which is out of the public right-of-way and is available
and adequate for parking one motor vehicle.
Outdoor activities for individual relaxation and enjoyment
not requiring special playing surfaces or in-place equipment. Passive
recreation includes such activities as hiking, fishing, picnicking,
etc.
Animals, including customary household companions such as
dogs, cats and birds.
A building in which the main or principal use of the lot
on which said building is located is conducted.
Premises used as a workplace by an architect, landscape architect,
doctor, accountant, lawyer, engineer or similar professional. A real
estate broker, insurance agent or similar businessperson is included
within this category.
Sewage disposal and water supply systems approved by the
Village Board for municipal operation.
A vehicle or portable structure standing on wheels, whether
or not self-propelled, and used as temporary living and sleeping accommodations
for travel, camping or recreational purposes. The term "recreational
vehicle" also includes travel trailer.
Premises in which food is prepared and served to seated customers.
While alcoholic beverages may also be served, the primary business
of the establishment is the preparation of meals.
Sale of goods, wares, commodities or services to ultimate
customers for direct consumption and not for resale.
The property of an easement permanently established for the
passage of persons or vehicles.
A light structure with a roof, either attached to the ground
or movable, intended for the sale of local farm produce to the general
public, and to be used only in conjunction with a farmer's market
or an outdoor market.
A properly maintained combination of fences, rows of trees,
hedges and other means to buffer the view and noise generated by activities
on a lot from other properties in the vicinity and from the street.
Any structure or part of a structure, or any device attached
to a structure or painted or represented on a structure which shall
display or include any lettering, wording, graphics, marking or representing
an announcement, direction or advertisement. Excluded from this definition
are signs which are solely devoted to prohibiting trespassing, hunting
or fishing.
The area of the surfaces within which all the elements of
the sign displayed can be framed or outlined, but excluding structural
members used only for support.
A sign displayed by a tradesman at a premises where he is
undertaking repairs, improvements or other specified labor.
A sign affixed in some manner to the exterior of a building.
A sign attached only to the ground and surrounded by open
space.
A sign advertising land or improvements thereto, or describing
construction activity or firm doing work related to construction on
the premises where the sign is located.
A sign used for a limited, short-term period which directs
attention to a special activity or entertainment, a political event
or some similar event. A campaign poster, a musical concert poster,
a farmer's market poster are examples of temporary signs.
A portion of a wharf, dock or similar structure extending
into the water sufficient for one boat to dock.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing, where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
A street, improved to the satisfaction of the Planning Board,
which is one of the following: an existing Village, county or state
highway or street; a street shown on an approved subdivision final
plan; a street shown on a map filed with the County Clerk (in accordance
with applicable sections of the Village Law) prior to Planning Board
authorization to review subdivisions; a street shown on the Official
Map of the Village.[2]
The right-of-way line of a street as indicated by dedication
or deed of record.
A change or rearrangement in the exit facilities, roof framing
or supporting structural parts, such as foundation, bearing walls,
columns, beams or girders of a building, or any building enlargement
involving extension on any side or increase in height. Routine maintenance
work and cosmetic changes, such as the addition of aluminum siding,
does not constitute a structural alteration.
Any combination of materials forming any construction, except
where entirely underground, so as to permit the use of the ground
above the same as if no building was present; the term "structure"
shall include the term "building" as well as the following:
[Amended 5-16-1994 by L.L. No. 2-1994]
Signs.
Fences.
Walls, including retaining walls.
Radio and television receiving and transmitting towers and antennas,
except for such antennas installed on the roof of a building and extending
not more than 20 feet above the highest level of the roof of such
building.
Porches, outdoor bins and other similar structures.
Swimming pools.
Outdoor water pools 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 retaining of water to a greater depth than 18
inches and having a surface area of water greater than 100 square
feet, except such as shall hereinafter be excluded. The word "pool"
shall be construed to mean an outdoor water pool to be used for swimming
or bathing by any family or persons residing on the premises and their
guests. Such noncommercial swimming pool shall not be operated for
gain; and shall be located on a lot only as an accessory use to the
dwelling or dwellings thereon.
A premises licensed under the laws of New York State for
the sale of alcoholic beverages and their consumption on the premises.
Live entertainment may also be provided on a regular basis. The availability
of food is incidental to the principal activity of selling alcoholic
beverages.
All unenclosed portions 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.
A use customarily incidental and supplemental and clearly
subordinate and secondary to the principal use located on the same
lot.
A use allowed as a matter of right in a district.
The main, primary use of a lot.
A modification of the use and/or bulk regulations of this
chapter in an individual case where, due to specific facts and conditions
relating to a particular property, literal application and strict
enforcement would result in undue and unnecessary hardship or practical
difficulty that would deprive the owner of the reasonable use of the
land or structures.
A variance of the area and bulk regulations or supplementary
regulations of a related character (such as amount, size, location
or design of access, off-street parking, landscaping or signs) to
authorize the commencement on a particular lot of a permitted use
which could not feasibly be established without relief from the dimensional
requirements pertaining to the district.
A variance of the use regulations to allow the establishment
on a specific lot of a use prohibited in the district.
The incorporated Village of Castleton-on-Hudson, Rensselaer
County, New York.
Sale of relatively large quantities of goods, wares, commodities
or services to retailers for resale and not for direct consumption.
An unoccupied ground area, fully open to the sky, between
the street line and a line drawn parallel thereto along the front
of the building, extending from lot line to lot 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.
An unoccupied ground area, fully open to the sky, between
the rear lot line and a line drawn parallel thereto along the rear
of the building, extending from lot line to lot line.
Any yard measured between a line drawn parallel to street
or lot line at a distance therefrom equal to the respective yard dimension
required by this chapter.
An unoccupied ground area, fully open to the sky, between
any lot line other than a street or rear lot line, and a line drawn
parallel thereto along the side of the buildings, between and not
including any portion of the front and rear yards.
