When used in this chapter, unless otherwise expressly stated, the following definitions shall apply:
ACCESSORY USE, BUILDING, OR STRUCTUREA freestanding structure or use which is clearly incidental and subordinate to a principal use located on the same lot and in the same ownership as the principal use or structure. Where an accessory structure is attached to the main building in a substantial manner, as by a wall or a roof, such accessory structure shall be considered part of the principal structure.
AFFORDABLE HOUSING FEEA fee paid to the Pine Plains Housing Trust Fund which may be paid by applicants in lieu of the construction of affordable dwellings.
AGRICULTURAL OPERATIONSLand and on-farm buildings, equipment, uses, activities, and practices which contribute to the production, preparation, marketing and sale of crops, livestock and livestock products as a commercial enterprise, as those terms are defined in Article
25-AA of the Agriculture and Markets Law, including a horse boarding operation as defined herein. Agritourism uses, as defined in this Zoning Law, shall be allowed accessory and incidental to a farm operation. On-farm events and accessory uses, such as catering, tasting rooms, and special events, including charitable events, shall be allowed in conjunction with an agricultural operation to the extent that the NYS Department of Agriculture and Markets determines that said ancillary uses are part of the agricultural operation.
[Amended 5-21-2015 by L.L. No. 3-2015]
AGRICULTURAL STRUCTUREA structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation but used in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation, including but not limited to barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes.
AGRITOURISMActivities conducted on a farm and offered to the public, including the sale of agricultural products, education, recreation or active involvement in the farm operation. An agritourism activity is secondary to the principal agricultural operation. Agritourism activities may be conducted in an accessory building or structure. Agritourism activities include, but are not limited to, farm-stay programs, u-pick operations, and pumpkin patches.
AGRONOMIC RATEThe rate of nitrogen addition designed to provide the amount of plant nutrients needed by the crop or vegetation grown on the land, and to minimize the amount of plant nutrients that passes below the root zone of the crop or vegetation grown on the land to groundwater.
AIRSTRIPAn area owned or operated by an individual or group of individuals and licensed by the federal government or an appropriate state agency and approved for the loading, landing, and takeoff of single-engine and smaller twin-engine aircraft and that, according to the U.S. Department of Transportation's National Plan of Integrated Airport Systems (PL 97-248), is defined as a BU (Basic Utility) airport. An airstrip shall not include a heliport.
ALTERATION, STRUCTURALTo change or rearrange the walls, roof, ceiling, floors, supporting beams, columns or other structural parts; interior plan or layout; the exterior architectural features; the exit facilities of a structure; or the relocation of a building from one location to another.
APPLICANTAn owner, or his authorized representative, seeking a determination or decision from the Zoning Enforcement Officer, Code Enforcement Officer, Planning Board, Town Board, or Zoning Board of Appeals with regard to this Zoning Law.
AQUIFERAn underground geologic formation that contains and transmits significant quantities of groundwater.
AUTOMOTIVE REPAIRA commercial use involving the repair of motor vehicles, their mechanical systems and their body structure, including painting.
AUTOMOTIVE SALESA commercial use involving the rental, lease, sale and/or resale of motor vehicles, new or used.
AUTOMOTIVE SERVICE STATIONA commercial use involving the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle minor accessories, and which may or may not include facilities for lubricating or otherwise servicing motor vehicles, but not including the painting thereof by any means.
BASE RESIDENTIAL YIELDThe number of residential lots or dwelling units that may be achieved in accordance with the regulations set forth in this Zoning Law prior to any increase in lots or dwelling units that may be allowed through application of a residential density bonus (e.g., affordable housing bonus), incentive zoning or other regulation that permits an increase in the residential density that exceeds the yield that can be achieved through application of the minimum bulk requirements, the provisions of §
275-16, the special use requirements or §
275-31C regulating conservation subdivisions.
BASE ZONING DISTRICTA zoning district that establishes the regulations governing land use and bulk dimensional requirements for a specific geographic area.
BED-AND-BREAKFASTOvernight accommodations in an owner-occupied single-family detached dwelling, involving the rental of bedrooms in the dwelling, with breakfast served to guests but with no full-service restaurant facilities, and with no more than one nonresident employee.
BUFFER AREAA part of a property designed and specifically intended to separate and minimize the effects of a use (e.g., noise, dust, visibility, glare, etc.) on adjacent properties.
BUILDINGAny structure having a roof supported by columns or by walls.
BUILDING AREAThe total area on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
BUILDING COVERAGEThe total building area on a lot divided by the lot area, expressed as a percentage.
BUILDING ENVELOPEThat area of a lot, exclusive of required yards, within which the principal building or principal use shall be located.
BUILDING FOOTPRINTThe total building area of the principal building or buildings on a lot.
BUILDING HEIGHTThe vertical distance measured from the mean elevation of the proposed finished grade at the front entrance of a building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the median height between eaves and ridge for gable, hip and gambrel roofs.
CAMP, DAYA nonresidential facility providing daytime supervision and activities for children during the summer. Said term shall not be construed to include a rooming house, tourist home, hotel, motel, summer colony, hospital, place of detention, school of general instruction or nursery school. A day camp operated accessory to another principal use otherwise allowed in the applicable zoning district shall not require separate approval and shall be regulated in accordance with standards regulating the principal use to which it is accessory.
CAMP, SEASONALOne or more temporary or permanent shelters, campsites, tents, recreation vehicles, buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and not arranged or intended for such occupancy except during the period, or part of the period, from May 15 to October 15 in any year. Said camp may be organized for recreation, education, or vacation purposes.
CANNABIS RETAIL DISPENSARYAny business which sells at retail any cannabis product to cannabis consumers 21 years and older. A retail dispensary license authorizes the acquisition, possession, sale, and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to qualified cannabis consumers.
[Added 4-20-2023 by L.L. No. 1-2023]
CAR WASHA structure or area that provides facilities for washing and cleaning motor vehicles which may use production-line methods with a conveyor, blower or other mechanical devices or which may employ hand labor and waxing.
CEMETERYLand and buildings, whether privately or publicly owned or operated, used for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle. Such term shall also include land and buildings actually used and essential to the providing of cemetery purposes, including, but not limited to, storage facilities, necessary tools and equipment.
CHANGE OF USEThe change of use or occupancy of land, or buildings, structures, or other improvements on land, from either residential or nonresidential to one of the other uses, or change in the nature, substance or intensity of the same use, including, but not limited to, changes in use which require the issuance of a certificate of occupancy pursuant to the New York State Uniform Fire Prevention and Building Code.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CHILD DAY-CARE CENTERA program or facility caring for children for more than three hours per day per child in which child day care is provided by a child day-care provider, except those programs operating as a "group family day-care home," a "family day-care home," and a "school-age child-care program," as such terms are defined in §
390 of the New York Social Services Law. Said center shall be registered or licensed with the New York State Office of Children and Family Services.
CLEARINGAny activity that removes the vegetative surface cover.
COMMERCIAL LOGGINGThe harvesting of timber for commercial gain in quantities greater than 50 standard cords of wood or 50,000 board feet of timber as measured by international 1/4-inch log rule in any one year in the Town of Pine Plains.
COMMON FACILITIESAll areas of a property owned and/or maintained in common use. Common facilities may include, but are not limited to: land on which common buildings are located; yards, gardens, recreational or community facilities, parking areas and storage spaces; all other parts of a development necessary or convenient to its existence, maintenance and safety, and in common use.
COMMUNICATIONS FACILITY, MAJOR WIRELESSAny wireless communications facility that is not a minor wireless communications facility, including but not limited to any facilities including wireless communications towers, as herein defined.
COMMUNICATIONS FACILITY, MINOR WIRELESSAny wireless communications facility situated on the same property as an existing wireless communications facility designed for collocation and previously approved by the Pine Plains Planning Board or on or in an existing building or other structure; and where the equipment consists of a combination of antennas, or other receiving devices, necessary in number to facilitate the provision of wireless communications services from such location.
COMMUNICATIONS FACILITY, WIRELESSAny site containing equipment used in connection with the commercial operation of wireless communications services, as defined herein, and as the term "personal wireless service facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures.
COMMUNICATIONS TOWER, WIRELESSAny freestanding structure, including lattice structures or framework and freestanding self-supported vertical poles (commonly known as a "monopole"), on which any equipment is located in connection with the provision of wireless communications services.
COMMUNITY FACILITYA facility that may include, but not be limited to, a facility that provides day care to children; a public park; a playground; a public swimming pool; a library; or a center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.
[Added 4-20-2023 by L.L. No. 1-2023]
COMPREHENSIVE PLANThe Comprehensive Plan of the Town of Pine Plains, as may be amended from time to time.
CONDOMINIUMThe individual ownership in fee simple of a building or a portion of a building, either residential or nonresidential, with indivisible joint interest with other such owners in all common facilities.
CONSERVATION EASEMENTAn easement, covenant, restriction or other interest in real property which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property.
CONSERVATION SUBDIVISIONA residential subdivision wherein the number and arrangement of dwellings that would result under a given conventional subdivision plan are allowed to be situated on the same parcel in a flexible manner, where lot size, street frontage, and other bulk dimensions are allowed to be varied in order to preserve in perpetuity a significant amount of the land in its natural or agricultural state. Conservation development results in a flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural, scenic and other qualities of open lands. For purposes of this Zoning Law, the following types of conservation subdivisions have been established:
A. RURAL CLUSTERA loose collection of dwellings, located on the landscape in a manner that meets the siting design standards set forth in Appendix B of this Zoning Law.
B. RURAL HAMLETAn informal residential neighborhood designed in a manner set forth in Appendix B of this Zoning Law.
C. TRADITIONAL NEIGHBORHOOD HAMLETA formal residential pattern of development characterized by a gridded street pattern, a designated pedestrian circulation system, and other design standards set forth in Appendix B of this Zoning Law.
CONTAMINATIONThe degradation of natural water quality as a result of human activities to the extent that its usefulness is impaired.
CONVENIENCE STOREA retail business allowed no more than 4,000 square feet of gross floor area selling nondurable consumer products, including but not limited to groceries, prepared and packaged foods and gasoline, and providing no services. A convenience store shall be deemed to be a retail use, except that a convenience store operated in conjunction with an automotive service station shall require a special use permit.
CONVENTIONAL SUBDIVISIONA subdivision in which each lot conforms to the minimum lot area and lot dimension requirements set forth in the Schedule of Bulk Regulations.
CRAFT WORKSHOPA commercial establishment used by an artist or artisan for the development, display, and sale of art and instruction in a personal artistic skill such as fine arts, crafts, dance and music.
CUL-DE-SACA designated turn-around area for vehicles at the end of a street or road.
DEICING COMPOUNDSAny bulk quantities of chloride compounds and/or other deicing compounds (e.g., urea or calcium magnesium acetate) intended for application to roads, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. Bulk quantity of deicing compounds means any quantity, but does not include any chloride compounds in a solid form which are packaged in waterproof bags or containers which do not exceed 100 pounds each.
DISPOSALThe abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing by any other means of any solid waste, petroleum, radioactive material, hazardous substance, hazardous waste, or aqueous-carried waste into or onto land or a surface water body.
DRIVE-THROUGHAn establishment with physical facilities, service or by packaging procedures, that allows customers to receive services and obtain goods while remaining in their motor vehicles. Where permitted herein, drive-through facilities shall require a special use permit.
DRIVEWAYA surface suitable for vehicular traffic connecting buildings, parking areas, and other facilities and uses to a public road.
DWELLING, ACCESSORYA self-contained, independent dwelling unit, clearly incidental and secondary to an existing single-family detached dwelling on the same lot, having a separate entrance for the exclusive use of the occupant. For purposes of this Zoning Law, a single-family detached dwelling with an approved accessory dwelling shall not be deemed to be a "two-family dwelling." Accessory dwellings are not permitted in a NND.
DWELLING, ECHO (ELDER COTTAGE HOUSING OPPORTUNITY)A separate, temporary, movable dwelling designed for use by a senior citizen (age 55 and over), accessory to and on the same lot as a single-family detached dwelling. An ECHO dwelling shall not be a manufactured home or a permanent dwelling.
DWELLING, GUEST OR CARETAKER COTTAGEA detached dwelling unit, clearly incidental and secondary to a single-family detached dwelling on a conservancy lot for exclusive use and occupancy of a person, deemed the "caretaker," and his or her family, who is responsible for the upkeep and maintenance of the on-site principal dwelling or for a guest(s) visiting the property owners. A caretaker cottage shall not exceed the permissible size of an accessory dwelling (see §
275-56D). Any dwelling located on a lot with a principal single-family detached dwelling not inhabited by a caretaker or guest shall be deemed an accessory dwelling subject to all requirements for said use set forth in this Zoning Law.
DWELLING, MANUFACTURED HOMEA structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term shall include any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title
42 of the United States Code; and except that such term shall not include any self-propelled recreational vehicle.
DWELLING, MIXED-USEA dwelling or dwellings located in a building that contains nonresidential uses.
DWELLING, MULTIPLE-FAMILYA building containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING, MULTIPLE-FAMILY SENIOR CITIZENMultiple-family dwellings intended for individuals generally 55 years and older, which may be organized by various levels of care, including independent living, assistive living, and continuing-care retirement living.
DWELLING, SINGLE-FAMILY ATTACHEDA building with a minimum of three dwellings consisting of a single-family dwelling which is attached or connected to another single-family dwelling(s) at a common property line by means of a party wall or is otherwise an end unit which is unattached to another dwelling. Each dwelling unit must be on its own lot. Also referred to as a "townhome."
DWELLING, SINGLE-FAMILY SEMI-DETACHEDA single-family dwelling located on a lot and separated from any other dwelling by required yards on three sides, but which is attached to and shares a common wall with another single-family dwelling on an adjoining lot along a shared side lot line.
DWELLING UNITOne or more rooms providing permanent provisions for living, sleeping, eating, cooking and sanitation arranged for the use of one family only. Also referred to as a "dwelling."
EDUCATIONAL/TRAINING FACILITYA building or part thereof which is designed, constructed, or used for education, training, or instruction in any branch of knowledge and includes, but is not limited to, elementary, parochial, private, secondary or vocational schools.
ENERGY CODEThe New York State Energy Conservation Construction Code.
EQUIPMENT STORAGEThe principal or accessory storage of equipment (machinery and related hardware, etc.).
FAMILYOne or more persons living together as a single housekeeping unit with common use and access to all living and eating and living areas and maintaining a common household.
FARM MARKETA building and premises for the indoor or outdoor year-round sale of agricultural products grown within the Hudson Valley region.
FARMERS' MARKETAn outdoor event held on public property at which farmers and often other vendors sell produce and agricultural products directly to consumers. Said uses are permitted subject to Town Board approval.
FARM STANDAn accessory structure or vehicle used for the seasonal display and sale of agricultural products grown on the premises and which uses its proximity to a roadway to attract potential customers as permitted by §
275-10 of this Zoning Law.
FEMAAcronym for "Federal Emergency Management Agency."
FERTILIZERAny commercially produced mixture generally containing phosphorous, nitrogen, and potassium which is applied to the ground to provide nutrients to plants.
FLOOD, ONE-HUNDRED-YEARThe highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year).
FLOOD HAZARD AREALand within a community subject to a one-percent or greater chance of flooding in any given year as shown on the Flood Insurance Rate Maps developed by the Federal Emergency Management Agency. Also commonly referred to as "base floodplain" or "one-hundred-year floodplain."
FLOODPLAINA land area adjoining a river, stream, watercourse, or lake, which is likely to be flooded.
FLOOR AREAThe total interior floor space of a structure measured in square feet.
FLOOR AREA, GROSSThe total area of a building multiplied by the number of floors as measured from the exterior walls.
FLOOR AREA, NETThe total usable interior floor area of a structure (excludes such elements as walls, stairwells, elevators, etc.).
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation. A funeral home may include a crematory.
GLAREThe effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
[Added 10-20-2022 by L.L. No. 3-2022]
GOLF COURSEPremises having not fewer than nine holes improved with tees, greens, fairways, and hazards for playing the game of golf, including driving ranges but excluding miniature golf. Accessory structures and buildings may include but are not limited to a clubhouse, locker room, food stand, restaurant, banquet or conference rooms, except that overnight accommodations are not permitted. A single dwelling for a groundskeeper is also permitted, subject to the regulations set forth in this Zoning Law. Golf courses, whether private or public, shall be regulated as set forth herein.
GRADINGThe leveling of land for site development purposes, including construction of roads, building construction, drainage areas and parking.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption.
[Added 10-20-2022 by L.L. No. 3-2022]
GROUNDWATERWater below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone.
HAZARDOUS SUBSTANCEAny substance listed as a hazardous substance in 6 NYCRR Part
597, Hazardous Substance List, or a mixture thereof. In general, a hazardous substance means any substance which:
A. Because of its quantity, concentration, or physical, chemical, or infectious characteristics poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed;
B. Poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed;
C. Because of its toxicity or concentration within biological chains, presents a demonstrated threat to biological life cycles when released into the environment.
HAZARDOUS WASTEA waste, or combination of wastes, which is identified or listed as hazardous pursuant to 6 NYCRR Part
371, Identification and Listing of Hazardous Wastes. Hazardous wastes include but are not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to 2.0, alkalies with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes, or any material exhibiting the characteristics of ignitability, corrosivity, reactivity, or which fails the Toxicity Characteristic Leaching Procedure (TCLP).
HELIPORTA place for helicopters to land and take off; also includes the term "helipad." A heliport is a prohibited use in the Town of Pine Plains.
HOME OCCUPATION, MAJORAny nonresidential use conducted wholly or partly in a dwelling unit or accessory structure thereto by the owner of same, which is clearly incidental to the use of the dwelling for living purposes and does not change the residential character of the dwelling unit or vicinity or have any exterior evidence of such secondary use other than a sign, and where customers, clients or sales representatives enter the premises and in which not more than three nonresidents are employed.
HOME OCCUPATION, MINORAny nonresidential use that is incidental and clearly subordinate to an existing residential use, conducted within a dwelling unit or in an existing accessory structure by the owner of same, which does not change the residential character of the dwelling unit or vicinity and where no nonresident employees, customers or clients enter the premises and where no signage, exterior storage of products or equipment is required.
HORSE BOARDING OPERATIONA commercial horse boarding operation provides care, housing, health, related services and training to animals kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities, not open to the general public, that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the farm owner for the horse that is boarded at the farm and uses for such activities, are part of the farm operation. Riding academies and horse racing operations are not deemed to be a horse boarding operation.
HOUSING TRUST FUNDA fund administered by the Pine Plains Town Board into which shall be deposited affordable housing fees, as provided herein, to be used for the purchase, rehabilitation, support and/or development of affordable housing at locations within the Town.
IMPERVIOUS SURFACEMan-made surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INCENTIVEAdjustments to the permissible population density, area, height, open space, use, or other provisions of this Zoning Law for a specific purpose authorized by the Town Board.
INDUSTRIAL STORMWATER PERMITA State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATIONThe process of percolating stormwater into the subsoil.
INPATIENT HEALTH-CARE FACILITYA licensed facility or institution, whether public or private, principally engaged in providing services primarily to inpatients for health maintenance and the treatment of mental or physical conditions, including a nursing home but excluding a hospital.
JUNKYARDA building, structure or premises where junk, waste, discarded or salvaged materials are bought or sold, exchanged, stored, collected, dismantled, or otherwise processed, including automobile wrecking yards, and yards for house wrecking, structural steel materials and equipment, but not including premises used for the purchase or storage of used furniture and household equipment or used cars in operable condition or home recycling.
JUNKYARD, AUTOMOBILE WRECKINGAn area of land, with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, salvage, sale or other use or disposition of the same. A deposit, collection or storage on a lot of two or more motor vehicles no longer in condition for legal use on the public highways, or parts thereof, for one week or more in a residential district or for three weeks or more in a nonresidential district shall constitute a motor vehicle junkyard.
KENNELAny place at which there are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.
LAND DEVELOPMENT ACTIVITYFor purposes of stormwater management, a construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER (ALSO "PROPERTY OWNER")The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
LIVESTOCKAnimals, including, but not limited to, domestic animals such as sheep, horses, cattle and goats.
LODGINGCommercial overnight sleeping accommodations, consisting of a building or group of buildings for no more than 25 sleeping rooms. The term includes motels, tourist courts, motor lodges, auto courts and similar appellations, but does not include boardinghouses or rooming houses.
LOTA parcel of land whose boundaries are established by legal instrument, such as recorded deed or map, and which is recognized as a separate, legal entity for the purposes of transfer of title.
LOT AREAThe total area contained within the property lines of a lot, excluding any area within a private or paper street.
LOT AREA, NETThe area of a lot to be used for residential purposes after exclusion of the features set forth in §
275-16 of this Zoning Law.
LOT COVERAGEThe percentage of the area of a lot covered by buildings, structures, parking areas, or other impervious surfaces on the lot.
LOT DEPTHThe distance between the front lot line of a lot and the rear lot line of such lot measured perpendicular to the front lot line.
LOT FRONTAGEThe horizontal distance measured along the full length of the front lot line.
LOT LINE, FRONTThe line of a street on which a lot fronts or abuts. Where a lot extends into a street, the front lot line shall be the line set back a minimum distance of 25 feet from the center line of the street.
LOT LINE, REARAny lot line, other than a street line, which is parallel to the front lot line or within 45° of being parallel to the front lot line.
LOT LINE, SIDEA lot line not a front lot line or a rear lot line, including a lot line of an offset portion of a lot.
LOT OF RECORDA legally existing lot at the time of the adoption of this Zoning Law, duly filed and recorded in the Dutchess County Clerk's office either as an individual parcel of land or part of an approved subdivision in accordance with the Town's Land Subdivision Regulations, and applicable provisions of the Town Law.
LOT, THROUGHA lot, other than a corner lot, having frontages on two streets.
LOT WIDTHA distance measured along a horizontal line drawn parallel to the front lot line at a distance equal to the required minimum front yard.
LOT, CONSERVANCYA lot in a conservation subdivision which has a minimum size of five acres, of which no less than 80% of the lot is designated required protected open space. Said open space shall be protected in accordance with the provisions of §
275-32 of the Zoning Law. Any lot of 25 acres or more, where at least 80% of the land is protected by a perpetual conservation easement pursuant to Article
49 of the Environmental Conservation Law, shall also be deemed to be a conservancy lot.
[Amended 9-16-2021 by L.L. No. 1-2021]
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT, FLAGA lot that does not meet the minimum lot width requirement when measured at the required front yard setback but which widens or extends to a point where the distance between the side lot lines is equal to or greater than the required lot width. Generally, a flag-lot arrangement exists where one lot and the dwelling to be located thereon would be located behind another dwelling as viewed from the street rather than side-by-side as is typical in a conventional subdivision. The flag lot has a long narrow portion of property (i.e., the "pole" of the flag lot) that extends to the street to meet the minimum lot frontage requirements of the Zoning Law.
MANUFACTURINGAny process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled or packaged in quantity.
MAXIMUM RESIDENTIAL YIELDThe number of residential lots or dwelling units that may be achieved in accordance with the regulations set forth herein, including all lots or dwelling units that may be allowed through application of a residential density bonus (e.g., affordable housing bonus), incentive zoning or approval of preexisting lots of record.
MEMBERSHIP CLUBA facility catering exclusively to members and their guests, which may be conducted on a lot with buildings used for social or recreation purposes. Said organization is not operated for commercial gain. Typical membership clubs include the Girls Scouts of America, the Boy Scouts of America, Veterans of Foreign Wars, and similar organizations.
MEMBERSHIP CLUB, MULTIPLE-USE SOCIAL AND RECREATIONA type of membership club with overnight accommodations and food and beverage service that caters exclusively to members and their guests, which may be conducted on a lot with multiple social and recreational uses, including but not limited to indoor and outdoor activities such as tennis, swimming, fishing, boating, hunting, horseback riding and equine-related sports activities. Said organization is not operated for commercial gain. Membership clubs are regulated as a nonresidential use.
MINERALAny naturally formed, usually inorganic, solid material located on or below the surface of the earth, including but not limited to architectural stone, gemstones, limestone, granite, ore, bluestone, clay, gravel and sand. Peat and topsoil are also considered to be minerals.
MININGThe excavation or extraction of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil or other earth material from a lot and removal thereof from that lot; or any temporary storage of such materials by stockpiling, if permitted; or any processing of excavated or stockpiled materials, if permitted; or any of the related land use activities engaged in during the above activities such as construction of buildings, barriers and other structures, clearing of property, removal or placement of trees, vegetation and earth material. The regrading or movement of earth material within the boundaries of a single lot or subdivision, provided that no earth material is removed from the lot or subdivision, and no stockpiling (beyond any permitted period) or processing of earth material takes place shall be permitted, provided that any such activity meets all applicable regulations set forth in this Zoning Law. Mining is further regulated in accordance with the following definitions:
A. MINE, LARGEAny excavation from which more than 1,000 tons or 750 cubic yards, whichever is less, of ore, sand, gravel, clay, stone, loam, humus or topsoil within a period of 12 successive calendar months is produced for sale or exchange or for commercial, industrial or municipal use or for use other than on the property from which the material is extracted.
B. MINE, SMALLAny excavation from which less than 1,000 tons or 750 cubic yards, whichever is less, of ore, sand, gravel, clay, stone, loam, humus or topsoil within a period of 12 successive calendar months is produced for sale or exchange or for commercial, industrial or municipal use or for use other than on the property from which the material is extracted. (Soil mining shall also include any activity requiring a permit from DEC pursuant to Article
23 of the Environmental Conservation Law.)
MODULAR HOMEA dwelling unit constructed and composed of components substantially assembled in a manufacturing plant and transported to a building site for final assembly on a permanent foundation.
MUNICIPAL SUPPORTStructures or parcels of land used to house, store, or support local, county, state, or federal governments, including, but not limited to, storage sheds, garages, equipment yards, parking lots, and repair facilities.
NONCONSTRAINED LANDSLands located within the "Nonconstrained District" as shown on the Pine Plains Future Land Use Concept Map attached to the Town of Pine Plains Comprehensive Plan (April 2004, Volume 1). The Comprehensive Plan describes the Nonconstrained District as locations that have minimal environmental constraints.
NONPOINT SOURCE POLLUTIONPollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
NURSING HOMEA state-licensed facility, other than a hospital, providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing, and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility.
OFFICEA use where services are performed involving predominantly administrative or clerical operations for either business or professional purposes as follows:
A. Business: A place or establishment used for the organizational or administrative aspects of a trade or used in the conduct of a business and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices of salesmen, sales representatives, insurance brokers, real estate brokers and persons with similar occupations.
B. Profession: An office devoted to a professional service occupation, in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge. A professional office may include but not be limited to the office of an accountant, architect, consultant, engineer, or attorney.
OFFICE, MEDICALAn establishment where medical or dental care is dispensed to persons on an outpatient basis by physicians, either singly or as a group, which may also offer laboratory and diagnostic facilities to patients on an outpatient basis and not just in conjunction with normal professional services.
OPEN SPACELand set aside for conservation or agricultural uses or for scenic or recreational uses, as set forth in this Zoning Law.
OVERBURDENAll of the earth, vegetation and other materials which lie above or alongside a mineral deposit.
OVERLAY ZONING DISTRICTA zoning district that imposes an additional layer of regulation for a specific area that is laid over an underlying, i.e., a base, zoning district.
PARKING SPACEAn area reserved for the parking of a motor vehicle.
PERFORMING ARTS/CULTURAL USESAny use or combination of uses involving the performance of live or artistic displays, including but not limited to theatrical plays, music concerts, lectures, movie screenings, art galleries, and similar artistic expressions. Said use may also include classroom and studio space for practice and educational training, offices and other uses accessory to the principal performing arts/cultural use. Special events may be held from time to time, in conjunction with the use, such as festivals and charitable events.
[Added 5-21-2015 by L.L. No. 3-2015]
PERMITTING AUTHORITYCannabis Control Board (CCB) and the Office of Cannabis Management (OCM) established pursuant to MRTA Section 72 for regulatory jurisdiction over adult-use cannabis.
[Added 4-20-2023 by L.L. No. 1-2023]
PERSONAny individual, group of individuals, partnership, firm, corporation, association, or other legal entity.
PESTICIDEAny substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other form of plant or animal life or viruses, except viruses on or in living man or other animal; and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. These substances include, but are not limited to: herbicides, fungicides, insecticides, and rodenticides.
PETROLEUMAny petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, rerefined, or otherwise processed:
A. For the purpose of being burned to produce heat or energy;
B. As a motor fuel or lubricant; or
C. In the operation of hydraulic equipment.
PITIPrincipal, interest, taxes and insurance.
PRIMARY CONSERVATION AREA OR FEATUREThe area delineated in a conservation subdivision to have priority resource areas to be conserved, including, but not limited to, streams, floodplains, wetlands, critical habitats, steep slopes, areas with rocky outcrops, and groundwater recharge areas.
PRIME FARMLAND SOILSSoils that have the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and are also available for these uses (the soil's use could be cropland, pastureland, forest land, or other land, but not urban built-up or water). It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In general, prime farmland soils have adequate and dependable precipitation, a favorable temperature and growing season, acceptable acidity or alkalinity, and few or no surface stones. They are permeable to water and air. Prime farmland soils are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. Prime farmland soils are identified and mapped by the U.S. Department of Agriculture Natural Resources Conservation Service.
PROCESS WASTEWaste generated by industrial, commercial, or mining operation that by virtue of some use, process, or procedure no longer meets the manufacturer's original product specifications.
PUBLIC UTILITYA closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary to the public health, safety, and welfare, including all uses deemed to be a public utility by New York State. Other uses may be a public utility if they provide a service that is essential to the public health, safety and general welfare, are regulated by a government agency, are granted an exclusive or near-exclusive franchise for a specific geographic area, and are required to provide service to all who apply within their franchised area. Cellular and other communications towers shall be regulated separately as defined herein.
RADIOACTIVE MATERIALAny material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials which are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or the United States Nuclear Regulatory Commission.
RECHARGEThe replenishment of underground water reserves.
RECREATION, COMMERCIALA commercial use designed and equipped principally for the conduct of sports and leisuretime activities, whether or not membership to said activity is required. Video parlors, computer gaming facilities, movie theaters, and bars, as principal uses, are not commercial recreation uses. Commercial recreation is further defined as follows:
A. Indoor: Recreational activities conducted entirely within a building, including team or individual sports and related health and exercise facilities operated on a commercial or fee basis. An indoor recreation use may include the following accessory uses, such as food service facilities, meeting rooms, serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport or exercise-related equipment or clothing, and other accessory uses clearly incidental to the recreation activity. An indoor recreational business includes a spa. Indoor recreation includes, but is not limited to: a gymnasium, fitness center, bowling alley, skating rink, tennis and other racquet courts, field house, indoor track, indoor basketball, indoor pool house.
B. Outdoor: Recreational activities including but not limited to ball fields, tennis and racquet courts, swimming, bike trails, hiking and similar outdoor activities conducted on a commercial or fee basis. An outdoor recreational use may also include accessory uses and buildings, such as a clubhouse, food stand, offices, and other uses accessory and incidental to the outdoor commercial use. Outdoor recreation includes playing fields, batting cages, driving ranges. Golf courses are regulated as a separate use.
RELIGIOUS INSTITUTIONA building, area of land, or portion thereof used for religious public assembly, including a church, synagogue, or other place of religious worship. Schools, dormitories and other uses that may be affiliated with a religious institution shall be regulated separately and in accordance with the standards set forth in this Zoning Law for those specific uses.
RESEARCH AND LABORATORY FACILITIESA building or group of buildings in which are located facilities for scientific research, investigation, experimentation or testing, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products.
RESORTOvernight accommodations, within a building or group of buildings, that incorporate indoor and/or outdoor recreational amenities into the overall design of the use. A resort may also include meeting and conference rooms, dining facilities, and other areas for social gatherings.
RESTAURANTAny structure having as a principal use the preparation and dispensing of foods and beverages for consumption on the premises, whether food is served upon order or taken by self-service and where there are no facilities for drive-through service. Where there is no on-premises consumption, bakeries, pizzerias, delicatessens and similar food establishments shall be regulated as retail uses for purposes of this Zoning Law.
RETAIL USEA commercial use where merchandise is sold to the general public for personal or household use or consumption, including but not limited to florists, lumber and hardware stores, pharmacies, grocery stores, convenience stores, stationary stores, bookstores, video rental stores, clothing stores, department stores, shoe stores, and antiques.
RIDGELINEThe long, narrow crest or horizontal line of hills, usually at the highest elevation.
RIDING STABLE OR ACADEMYA commercial establishment that offers riding lessons to the general public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.
ROAD RIGHT-OF-WAYAn area defined by a boundary which provides for road construction, maintenance, improvement, and/or widening.
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.
[Added 10-20-2022 by L.L. No. 3-2022]
RUNOFFSurface water that flows onto, within, and/or off of the site.
SCREENINGA method of shielding or obscuring one abutting or nearby use from another use, using vegetation, fencing, or earthen materials.
SECONDARY CONSERVATION AREA OR FEATUREThe area delineated in a conservation cluster subdivision to have secondary resource areas to be conserved, including, but not limited to, healthy woodlands holding important ecological functions such as soil stabilization and protection of streams, hedgerows and other vegetation features representing the site's rural past, historic structures or sites, and visually prominent features such as knolls or hilltops.
SEDIMENTSoils or other surficial materials transported by surface water as a product of erosion.
SEDIMENTATION (SILTATION)The deposition of sediment and silt in drainageways, watercourses and water bodies which may result in pollution, murkiness, accumulation, and blockage.
SELF-STORAGE FACILITYA building consisting of individual, small, self-contained units that are leased or owned for the storage of business or household goods.
SERVICE BUSINESSAn establishment primarily engaged in providing assistance to individuals, including but not limited to beauty salons, shoe repair, photographic studio, or businesses, including but not limited to advertising, photocopying, computer maintenance and repair. Such definition shall specifically exclude automotive-related services. A "service business" is further defined as follows:
A. SERVICE BUSINESS, NO CUSTOMERS ON SITEThis is a service business where there are no customers visiting the location to conduct business. Examples of this include, but are not limited to, plumbers and electricians.
SHOOTING PRESERVEA wholly enclosed parcel of land on which domestic game birds, legally possessed or acquired, are released and taken by shooting pursuant to a license issued to the owner or lessee of said parcel by the New York State Department of Environmental Conservation pursuant to Article
11 of the Environmental Conservation Law and/or on which sporting clay activities are conducted. A shooting preserve shall not include the operation of a rod and gun club or a game or wildlife preserve unless separate special use permits are issued for those uses. For purposes of this definition, the term "wholly enclosed parcel of land" shall mean lands, the boundaries of which are indicated by wire, ditch, hedge, fence, road, highway or water or in any visible or distinctive manner, including written posting which indicates a separation from the surrounding contiguous territory.
SIGNA name, identification, description, display, or illustration, or any other visual display which is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land which directs attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include any display of official court or public office notices nor any official traffic control devices nor shall it include the flag, emblem or insignia of a nation, state, municipality, school, or religious group.
SIGN, ADVERTISINGA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located. Advertising signs may also be referred to as "billboards."
SIGN, BUSINESSA sign which directs attention to a business, service, profession, organization or industry located on the premises where the sign is displayed to the type of products sold, manufactured, or assembled and/or to service or entertainment offered on said premises. A "for sale" or "to let" sign relating to the property on which it is displayed shall be deemed a business sign.
SIGN, DIRECTLY ILLUMINATEDAny sign designed to give forth any artificial light directly (or through any transparent or translucent material) from a source of light connected with such sign.
SIGN, FREESTANDINGA sign that is attached to, erected on or supported by some structure such as a pole, mast, frame, or other structure that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of the sign.
SIGN, HEIGHT OFThe distance from the ground level, measured from the mid-point of the base of the sign, to the top of the sign.
SIGN, INDIRECTLY ILLUMINATEDA sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere than on a plot where such illumination occurs. If such illumination is thus visible, such sign shall be deemed to be a directly illuminated sign.
SIGN, PORTABLEAny device on wheels or stand that is designed to be easily moved, the purpose of which is to display a sign.
SIGN, SANDWICHA temporary self-standing sign or advertising display made of plywood or other solid material and designed or intended to be displayed only for the period of time the business is open or event is taking place.
SIGN, TEMPORARYA sign that advertises or gives direction to a business or activity and restricted in the number of days it may be displayed in accordance with Article
X of this Zoning Law.
SIGNIFICANT ECOLOGICAL HABITATAny habitat identified by the New York State Department of Environmental Conservation Natural Heritage Program as critical habitat associated with any species included on the New York State or federal listing of rare, threatened, endangered or special concern species or identified by the program as a rare ecological community.
SITE PLANA plan which shows the proposed development and use of land situated within the Town of Pine Plains and which shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and items listed in Article
XII herein.
SKETCH PLANA map, renderings, and supportive data describing the project proposed by the applicant for informal review by the Planning Board prior to submission of a site plan.
SLUDGEThe solid, semi-solid, or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.
SOILS OF STATEWIDE IMPORTANCESoils, in addition to prime farmland soils, that are of statewide importance for the production of food, feed, fiber, forage, and oilseed crops. Generally, soils of statewide importance include those that are nearly prime farmland soils and that economically produce high yields of crops when treated and managed according to acceptable farming methods. Some may produce as high a yield as prime farmlands if conditions are favorable. Soils of statewide importance are identified and mapped by the U.S. Department of Agriculture Natural Resources Conservation Service.
SOLAR ENERGY SYSTEMThe components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment.
[Added 10-20-2022 by L.L. No. 3-2022]
SOLAR PANELA photovoltaic device capable of collecting and converting solar energy into electricity.
[Added 10-20-2022 by L.L. No. 3-2022]
SOLID WASTEMaterial as defined in 6 NYCRR Part
360, including any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but not including solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit. Discarded materials that are being beneficially used pursuant to 6 NYCRR Part 360-1.15 are not considered solid waste.
SPECIAL USE PERMITAn authorization of a particular land use which is permitted in this Zoning Law, subject to requirements set forth herein, to assure that the proposed use is in harmony with the Zoning Law and will not adversely affect the neighborhood if such requirements are met.
STACKING LANEOff-street temporary parking space specifically provided for vehicles to park behind one another while waiting for drive-up customer assistance.
START OF CONSTRUCTIONThe initiation of any physical alteration of the property, excluding planning and design, during any phase of a project and shall include land preparation, such as clearing, grading and filling, installation of roads, excavation for a basement, footings, foundations, or the erection of temporary forms. "Start of construction" also includes any work for which a valid building permit is required.
STORMWATERRainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOTA land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT PRACTICES (SMPS)Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STREAMFor purposes of regulating streams in accordance with §
275-41 of this Zoning Law, a stream is an identifiable natural channel or bed that contains and carries flowing water, whether perennial or intermittent.
STREETA highway, road, alley, or thoroughfare used by vehicles.
STREET LINEThe dividing line between a street right-of-way and a lot. Where there is no right-of-way and the lot line extends into the street, the street line shall be deemed to be the line located no less than 25 feet from the center line of the street.
STRUCTUREAnything constructed or built, any edifice or building of any kind, which requires location on the ground or is attached to something having a location on the ground, including, but without limitation, swimming pools, covered patios, towers, poles, sheds, signs, tanks, etc., except outdoor areas such as paved areas and walkways. The term "structure" shall include "building" as well as receiving and transmitting commercial, radio, television, cellular and other utility communications towers, manufactured homes, and modular homes.
SUBDIVISION, MAJORA subdivision not classified as a minor subdivision, including but not limited to subdivisions of more than four lots, or any size subdivision requiring any new street or extension of utilities, or the creation of any public improvements.
SUBDIVISION, MINORThe subdivision of land into two, three or four lots fronting on an existing road, not including any new street or road, or the extension of utilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, or Town of Pine Plains Zoning Law.
SWIMMING POOLA water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.
TOWNThe Town of Pine Plains.
TRADITIONAL NEIGHBORHOOD DESIGNDesign of a residential development using traditional town planning principles. The development includes a range of housing types, a network of well-connected streets and blocks, public spaces and civic amenities or sites for amenities, including schools, libraries or other governmental, educational or cultural public gathering places within walking distance of residences.
UNIFORM CODEThe New York State Uniform Fire Prevention and Building Code.
USE, NONCONFORMINGA legal existing use which does not conform to the applicable use regulations for the zoning district in which such use is located after the adoption or subsequent amendment of this Zoning Law.
USE, PRINCIPALThe specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the bulk or dimensional requirements of this Zoning Law.
VARIANCE, USEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this Zoning Law.
VETERINARY HOSPITALAn establishment accredited by the American Animal Hospital Association or similar national accreditation where animals are provided medical care and where the boarding of animals is short-term and clearly incidental to their medical care.
WAREHOUSEA building or part of a building for storing of goods, wares and merchandise, whether for the owner or for others, and whether it is a public or private warehouse.
WATER BODYAny natural or man-made body of water, such as a pond or lake, which does not necessarily flow in a definite direction or course.
WATERCOURSEA permanent or intermittent channel or stream or other body of water, either natural or man-made, which gathers or carries surface water. "Stream" is defined elsewhere in this section of the Zoning Law.
WETLANDSLands and submerged lands commonly called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation.
YARD, REQUIREDOpen and unobstructed ground area of the lot extending inward from a lot line for the distance specified in the regulations for the district in which the lot is located.
YARD, REQUIRED FRONTA required yard extending the full length of the front lot line between the side lot lines. Where a property extends to the center line of a public or private road, the required front yard shall be measured along a line on the property measured 25 feet from the center line of the road.
YARD, REQUIRED REARA required yard extending along the full length of the rear lot line between the side lot lines.
YARD, REQUIRED SIDEA required yard extending along a side lot line from the required front yard (or from the front lot line if there is no required front yard) to the required rear yard (or to the rear lot line if there is no required rear yard).
ZOOA use accredited by the Association of Zoos and Aquariums or similar national accreditation where animals are kept in a combination of indoor and outdoor spaces, and are viewed by the public.