A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.
B. 
The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a limited liability company and any other agency of voluntary action.
C. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
D. 
The terms "Zoning Law," "Zoning Code," and "this chapter" include and incorporate, as may be applicable, Chapter 197 of the Code of the Town of Copake, "Subdivision of Land," and Chapter 230 of the Code of the Town of Copake, "Telecommunications Facilities and Towers."
As used in this chapter, the following words shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTURE
A building or structure detached from and smaller than a main building on the same lot and used for purposes customarily incidental to those of the main building. It may, or may not, be constructed on a permanent foundation.
ACCESSORY DWELLING UNIT
One or more rooms with living and sleeping facilities arranged for the use of one family or household, contained within a one-family dwelling or a building or structure accessory to a primary one-family dwelling, containing cooking and sanitary facilities separate from those of the primary dwelling unit, which shall not be less than 500 square feet and shall have a minimum of 70 square feet of habitable area, excluding kitchens, bathrooms, hallways, and common rooms and areas, provided for sleeping accommodations for each occupant. The total square footage of the accessory dwelling unit shall be no larger than two-thirds the total square footage of the principal dwelling unit, and the primary and accessory units shall be subject, in aggregate, to maximum lot coverage restrictions contained in the Density Control Schedule.[1]
ACCESSORY USE
A use which is customarily incidental and subordinate to the principal use of a premises, building or structure and located on the same premises as the principal use, building or structure. An accessory use to a restaurant, bar, hotel, theater or similar facility shall not include topless dancing or other forms of entertainment in which individuals are in a state of nudity.
ADULT ENTERTAINMENT
An establishment which presents any of the following entertainments, exhibitions or services: adult arcade; adult bookstore, newsstand, video store or combination. Adult use and entertainment establishments customarily exclude minors by reason of age, and are those businesses that are distinguished from nonadult uses of similar nature due to the predominantly sexual orientation of the activity or merchandise.
AGRICULTURAL DATA STATEMENT
A written statement required in connection with certain land use determinations relating to lands within a New York State Agricultural District, or within 500 feet of a farm operation located within a New York State. Agricultural District, pursuant to § 305-b of the New York State Agriculture and Markets Law.
AGRICULTURAL DISTRICT
The portion of the Town of Copake that is included in a New York State Certified Agricultural District, established pursuant to Article 25-aa of the New York State Agriculture and Markets Law.
AGRICULTURAL PRODUCTS PROCESSING
A facility where plants or plant products, or animals or animal products, are processed into canned, frozen, dried, or fresh food products. A slaughterhouse or tannery shall not be considered an agricultural products processing facility.
AGRICULTURAL STRUCTURE
A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, fruits or vegetables, horticultural or other products of agriculture, and used in connection with the raising, growing or storage of agricultural products as part of a farm operation, as such term is defined in § 301 of the New York State Agriculture and Markets Law. An agricultural structure includes, but is not limited to, barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes. Such structure shall not be a place of human habitation.
AGRICULTURAL-RELATED BUSINESS
An establishment that provides products or services to agricultural producers to support production, marketing, and distribution of their products, including but not limited to farm equipment repair, farm equipment and machinery sales or rental, soil preparation services, crop services, veterinary and other animal services, farm labor and management services, seed or fertilizer sales, and agricultural products processing. A slaughterhouse or tannery shall not be considered an agricultural-related business.
AGRICULTURE, AGRICULTURAL USE
The production, keeping, or maintenance, for commercial purposes or personal use, of plants and animals including but not limited to fruits, vegetables, forages, grains and seed crops, flowers and decorative plants, trees and shrubs, dairy animals, poultry, livestock including beef cattle, sheep, swine, horses, ponies, mules, goats, and fur animals, including the breeding and raising of these animals, bees and apiary products, fish farming, fish hatcheries, nurseries and greenhouses.
AGRITOURISM
Activities, including the production of farm products and maple products, conducted by a farmer on-farm for the enjoyment and/or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life. This may include farm stays, subject to all other provisions of this Zoning Code.
AIRPORT
A place where aircraft can land and take off, arranged and maintained for such purpose, whether or not equipped with hangers, facilities for refueling and repair, or accommodations for passengers.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or existing facilities of such building or structure or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location to another.
ALTERNATIVE SEPTIC SYSTEM
A septic system prepared by a licensed engineer and approved by Columbia County Board of Health that meets or exceeds the minimum standards of the Columbia County Board of Health requirements.
APARTMENT
A single-family dwelling unit in a multifamily dwelling or mixed-use building.
APPLICANT
Any person, corporation or other entity applying for a building permit, certificate of occupancy, special use permit, site plan or subdivision approval, variance, or zoning amendment. An applicant is required to be the owner, or to produce written authorization from the owner, of the parcel to which the subject application pertains.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings or structures exclusive of terraces and uncovered steps.
AREA, LOT
The total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way.
ASSEMBLY AND FABRICATION
The manufacturing from standardized parts of a distinct object differing from the individual components.
ASSISTED LIVING FACILITY
A building or part thereof housing persons, on a twenty-four-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. The occupants of an assisted living facility must be capable of responding to an emergency situation, including evacuating the facility, without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, halfway houses, group facilities, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities.
ATTIC
That space of building which is immediately below and wholly or partly within the roof framing. An attic with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
AVERAGE LOT SIZE
The average size of all lots to be subdivided from a parcel.
AWH AFFORDABLE PURCHASE LEVELS
Purchase price for a residential dwelling unit at which the total monthly cost of mortgage, insurance, and taxes does not exceed 1/12 of 30% of the applicable qualifying income. Such standards shall be calculated based upon the number of bedrooms in the dwelling unit, in accordance with the following schedule:
[Added 9-5-2023 by L.L. No. 10-2023]
One-bedroom dwelling unit
QI for two-person household
Two-bedroom dwelling unit
QI for four-person household
Three-bedroom dwelling unit
QI for four-person household
Four-bedroom dwelling unit
QI for six-person household
AWH AFFORDABLE RENTAL LEVELS
Rental cost of a residential dwelling unit at which the total monthly cost for rent, heat, hot water, and electricity does not exceed 1/12 of 25% of the applicable qualifying income. Such standards shall be calculated based upon the number of bedrooms in the dwelling unit, in accordance with the following schedule:
[Added 9-5-2023 by L.L. No. 10-2023]
One-bedroom dwelling unit
QI for two-person household
Two-bedroom dwelling unit
QI for four-person household
Three-bedroom dwelling unit
QI for four-person household
Four-bedroom dwelling unit
QI for six-person household
BAR
An establishment in which alcoholic beverages are served, primarily by the drink, and where food shall also be served or sold for on-premises consumption.
BASEMENT
A basement shall be counted as one story determining the height of a building in stories when four feet or more of its height, measured from floor to ceiling, is above average finished grade on all four sides.
BASIC CONSERVATION
A lot that provides for basic Department of Health standards for conventional septic systems and private wells.
BED AND BREAKFAST
Owner-occupied residential building configured as a one-family dwelling, which also provides overnight accommodations, and serves only breakfast as a meal, to not more than 10 transient lodgers, containing at least three but not more than five bedrooms for such lodgers.
BEST SITE DESIGN STANDARDS
Site improvements which help ensure the protection of natural resources in the Town of Copake, particularly related to water quality, in accordance with the specifications set out in this chapter.
BILLBOARD
See "sign."[2]
BODY REPAIR SHOP
An establishment for the general repair, rebuilding or reconditioning of the body and fender, including painting, welding, and upholstering of automobiles. A body shop normally does not do mechanical repairs.
BREWERY/DISTILLERY/WINERY
"Brewery" means and includes any place or premises where beer is manufactured for sale; and all offices, granaries, mash rooms, cooling-rooms, vaults, yards, and storerooms connected therewith or where any part of the process of manufacture of beer is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part of the brewery to which they are attached or are appurtenant. "Distillery" means and includes any place or premises wherein any liquors or ciders are manufactured for sale. "Winery" means and includes any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded and also includes a winery for the manufacture of wine in any state other than New York state and which has and maintains a branch factory, office or storeroom within the State of New York and receives wine in this state consigned to a United States government bonded winery, warehouse or storeroom located within the state.
BUFFER
An undeveloped part of a property or an entire property specifically intended to separate and thus minimize the effects of a land use activity (e.g., noise, dust, visibility, glare, etc.) on adjacent properties. See also "stream buffer" and "streamside vegetated buffer."
BUILDABLE LAND
That portion of a lot which is suitable for building structures and locating septic disposal facilities, excluding wetlands and watercourses, slopes exceeding 15% and flood hazard areas.
BUILDING
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.
BUILDING ENVELOPE
The three dimensional space on a zoning lot within which a structure may permissibly be constructed or located, as permitted by applicable height, yard setback controls, and lot coverage percentages.
BUILDING, ACCESSORY
See "accessory building."
BUILDING, ATTACHED
A building directly abutting and connected to another building on both sides.
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, SEMI-DETACHED
A building directly abutting and connected to another building on one side.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM ("BIPV")
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing material, and shading over windows. Solar energy systems constructed over a parking lot are considered building-integrated systems. Exterior or roof-mounted solar panels or collectors shall not be deemed to be part of, or included within, a building-integrated photovoltaic system.
BUS SHELTER/STOP
A small, roofed structure, usually having three walls and designed primarily for the protection and convenience of bus passengers.
CAMP
Any parcel or tract of land including buildings or other structures, under the control of any person, where five or more cabins, campsites or other seasonal lodging units are provided to guests for temporary or seasonal occupancy, whether or not for compensation, employing counselors or personnel for the oversight of guests, and where guests ordinarily participate in group activities and meals. "Seasonal" is to be defined as six months, subject to obtaining an area variance from the Zoning Board of Appeals.
CAMPGROUND
Any parcel or tract of land including buildings or other structures, under the control of any person, where five or more campsites are available for temporary or seasonal overnight occupancy. "Seasonal" is to be defined as six months, subject to obtaining an area variance from the Zoning Board of Appeals.
CAMPING UNIT
A tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed or used for temporary human occupancy.
CANNABIS DISPENSARY
A commercial retail establishment operating under license of the New York State Cannabis Control Board, authorized to engage in the retail sale of cannabis products for off-site consumption but in no case permitted or authorized to allow the on-site consumption of cannabis or cannabis products.
[Added 11-10-2022 by L.L. No. 4-2022]
CAR WASH
A business with a covered building that cars drive through for applications of powered sprays of cleanser and rinse water.
CELLAR
Any space in a building the structural ceiling level of which is less than four feet above average finished grade on all four sides where such grade meets the exterior walls of the building. A cellar shall not be counted in determining the permissible number of stories.
CEMETERY
Property used for the interment of the dead.
CHANGE OF USE
The use or occupancy of land, or buildings, structures, or other improvements on land, which results in a qualitative change from the previous use, or where the essential character of the previous use is changed, or where the previous use is substantially changed shall constitute a change of use. Any change from one use identified in the Table of Uses[3] to another such use constitutes a change of use. Any change from a use categorized in the Table of Uses as residential, general, commercial, or industrial to a use differently categorized constitutes a change of use. A mere increase in the volume or intensity of use, without a significant change in the kind of use, shall not constitute a change of use, unless the increase is so substantial as to render the increased use different in kind or character from the previous use, or the increased volume or intensity is coupled with a variation or alteration in the specific type of use or manner in which the use is conducted. Change of occupancy or change of ownership shall not be construed as a change of use.
CHIMNEY or STACK
Flue or flues that carry off exhaust from a fireplace, furnace, stove, outdoor wood boiler firebox or burn chamber, or other similar source of combustion.
CHURCH or PLACE OF WORSHIP
A structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.
COMMERCIAL
Any business, industrial, or general use in which acts are done, or services or goods are provided, for compensation.
COMMUNITY POLE
A pole owned and maintained by the Town Board or by a group of business people as approved by the Town Board. The pole may contain several directional signs for the purpose of directing persons to business and community establishments within the community.
COMPLETE APPLICATION
An application for a special use permit, site plan or subdivision approval, or variance, found by the reviewing board to satisfy all information requirements of this chapter and the New York State Environmental Quality Review Act.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Town of Copake adopted and amended pursuant to New York State Town Law § 272-a.
CONDOMINIUM
A system of ownership of dwelling units, either attached or detached, established pursuant to the Real Property Law of the State of New York, in which the apartments or dwelling units are individually owned.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance with the provisions of Article 49, Title 3, of the Environmental Conservation Law, or § 247 of the General Municipal Law, for the purposes of conservation of open space, agricultural land and natural, cultural, historic and scenic resources.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery or vehicles or parts thereof, which are in active use by a construction contractor.
CONVENIENCE STORE
A retail store, not to exceed 4,000 square feet gross floor area, which sells groceries and sundry items and may include the retail sale of gasoline and petroleum products for motor vehicles.
CONVENTIONAL SUBDIVISION
Subdivisions that comply with the minimum lot size requirements for conventional subdivisions as shown in the Density Control Schedule[4] without setting aside land as permanently protected open space.
COUNTRY CLUB
A facility consisting primarily of lands for outdoor recreation including golf, tennis, swimming, and similar nondisruptive recreational activities, which may also include a clubhouse, dressing rooms, restaurant, and indoor facilities for recreational activities, banquets or similar events. A "country club" shall not include a firearms shooting range or motorized vehicular racing or recreation, except the use of carts incidental to golf, or otherwise generate noise perceptible beyond the boundaries of the parcel.
CULTURAL FACILITY
A facility or establishment for the documentation, preservation or presentation of artistic, cultural, historical, intellectual or natural phenomena, manifestations, or works, including museums, art galleries, botanical and zoological gardens, theaters, concert halls, or other locations or venues for the presentation of matters of natural, historic, educational, artistic or cultural interest.
DAY-CARE FACILITY
A building occupied by persons of any age who receive custodial, supervision and personal care for less than 24 hours by persons other than parents or guardians, and in a place other than the home of the person cared for.
DECOMMISSIONING PLAN
Detailed steps to remove unused or inactive utility-scale solar energy systems, the elimination of all safety hazards, the remediation of the site, and cost estimates to accomplish these requirements.
DENSITY BONUS
An increase in the allowable density of a subdivision granted in return for public benefits desired by the Town.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, other than repair and maintenance, including but not limited to the construction or alteration of buildings, fences, walls, signs, or other structures, as well as mining, dredging, filling, paving, excavation or drilling operations.
DISTILLERY
See "brewery/distillery/winery."
DORMITORY
A building, other than a hotel or motel, containing dwelling units or rooms for the housing of nontransient persons attending or employed by a school.
DRIVEWAY
Land situated within a lot or way used or intended to be used to provide access to the lot by vehicular traffic.
DRIVEWAY, COMMON
A driveway serving no more than four lots, owned in common or created by reciprocal easements.
DRIVEWAY, INTENSE-USE
A means of access for motor vehicles to property upon which is situated a property for commercial, industrial or other nonresidential uses.
DWELLING
A building designed or used principally as the living quarters for one or more families. "Dwelling" shall not include boardinghouses or other accommodations used for more or less transient occupancy. (See "residence, residential.")
DWELLING GROUP
A group of two or more dwellings occupying a lot in one ownership.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILY
A building containing one dwelling unit only. However, a dwelling that has an accessory dwelling unit in it shall still be considered a one-family dwelling.
DWELLING, TWO-FAMILY
A building designed and built for containing two dwelling units.
ENHANCED CONSERVATION
A lot that provides for an alternative septic system and best site design practices, in accordance with the specifications set out in this chapter.
EPA
The United States Environmental Protection Agency.
EROSION
The wearing of surface soils by action of wind or water.
ESSENTIAL LIGHTING
Light that is used for a specific period of time, which is necessary for location identification, safety, security, or public circulations purposes.
EXCAVATION
Removal, relocation, or reconfiguration of more than 20 cubic yards of earth materials.
EXCAVATION FOR DEVELOPMENT
Removal, relocation, or reconfiguration of earth materials for the purpose of development, grading, or landscaping, to the extent necessary for such purposes, but not for the purpose of commercial sale or use of such earth materials or products derived from such earth materials.
EXTRACTIVE OPERATION
The excavation or extraction of not more than 1,000 tons or 750 cubic yards, whichever is less, during 12 successive calendar months of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil or other earth material from a lot and removal thereof from that lot. An "extractive operation" includes all haulageways and all equipment above, on or below the surface of the ground used in connection with the excavation, as well as all lands included in the life of the mine including the temporary storage of such materials by stockpiling, if permitted. An "extractive operation" also means the excavation or extraction of any amount of a mineral(s) that is removed in or adjacent to any body of water not subject to NYSDEC permitting authority. Such bodies of water are referred to as "unprotected waters" under Protection Waters legislation (Article 15 of the Environmental Conservation Law) or the Public Lands Law.
FAMILY
One or more persons living and cooking together as a single housekeeping unit.
FARM MARKET
A location or structure where one or more farmers or vendors can sell agricultural produce to the public on a permanent basis, whether seasonal or year-round, or such a location or structure in which the area used for such activities exceeds 400 square feet, regardless of the duration or time period of such activities.
FARM OPERATION
A commercial enterprise as defined in § 301(11) of the Agriculture and Markets Law of the State of New York as same is amended from time to time.
FARM STAND
A temporary use of a structure including small buildings, carts, wagons or stands for the display and sale of farm products, and not more than 400 square feet in size.
FARM STAY
Any type of accommodation on a working farm which may be interactive and offer opportunities to feed animals, collect eggs and learn how a farm functions.
FARM WORKER HOUSING
An accessory dwelling used to house farm workers on an agricultural operation located within a certified New York State Agricultural District.
FARMLAND
The land which contributes to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in Subdivision 13 of Article 25-AA of the Agricultural Districts Law and "timber processing" as defined in Subdivision 14 of Article 25-AA. Such farmland may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
FINISHED GRADE
The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of building and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, and vines or brush smaller than two inches in diameter.
FLEXIBLE LOT SUBDIVISION
A residential subdivision, in conformity with the applicable provisions of this chapter and Chapter 197 of the Code of the Town of Copake, where the dwelling units that would result on a given parcel under a conventional subdivision plan are allowed to be placed on the parcel in a flexible manner, where lot sizes, road frontages, and other dimensional requirements or limitations are allowed to be relaxed and where at least 60% of the remaining land is left in its natural open space condition in perpetuity.
FLOOD AREA OVERLAY ZONE or FAO
Areas that are subject to periodic inundation as identified or described by the Flood Insurance Rate Map of the Town of Copake prepared and as may be updated by the Federal Emergency Management Agency. These areas are not necessarily the same as wetlands, which come under the rules and regulations of the NYS DEC and the US Army Corps of Engineers.
FLOOD HAZARD, AREA OF
Land 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.
FLOOR AREA, GROSS
The aggregate square footage of all floors of a structure, excluding attics and basements.
FLYING FIELD
An area of land used for the purpose of aircraft landing and take-off.
FOOTPRINT, BUILDING OR STRUCTURE
The area within a building or structure perimeter, as measured and located upon a horizontal plane at grade level.
FUEL STORAGE AND DISTRIBUTION
A facility designed for the bulk keeping and distribution in aboveground containers of any fuel material in liquid, gaseous, powder or pellet form, including but not limited to gasoline, propane, diesel, kerosene, fuel oil, or natural gas. A gas station for fueling direct to cars or trucks shall not be considered a fuel storage or distribution facility.
FULL CUTOFF (FCO)
A classification for a luminaire designed and installed such that no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff or semi-cutoff design allows a restricted amount of light to be emitted above the horizontal and a noncutoff provides no restriction against light emitted above the horizontal.
FULLY SHIELDED
A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp of a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restriction on light distribution below the horizontal plane, and it can be identified without a manufacturer's report.
FUNERAL HOME
A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected with burial or cremation.
GLARE
Unshielded direct light from a light source that results in light shining in the eyes in such a manner as to impair the ability to see other objects.
GOLF COURSE
Land improved with tees, greens, fairways, and hazards for playing the game of golf, consisting of not fewer than nine holes for play. Accessory structures and buildings may be associated with such use including a clubhouse, locker room, food stand, restaurant, banquet or conference rooms, except that overnight accommodations are not permitted.
GOLF DRIVING RANGE
Land arranged for the limited activity of hitting or driving golf balls within a designated area, but not designed or used for the full play of the game of golf, including accessory structures incidental to such use.
GOLF, MINIATURE
Recreational facility consisting of natural or artificial putting greens and hazards in which activity is limited to putting golf balls, and which may include accessory structures incidental to such use.
GRADE PLANE
The average finished grade at or not more than six feet from all the building's exterior walls.
GREENHOUSE, COMMERCIAL
A structure or operation where plants are cultivated and sold for retail or wholesale purposes.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure, for the primary purpose of producing electricity for onsite consumption.
GROUNDWATER
Water below the land surface in a saturated zone of soil or rock.
HABITAT
The place occupied by an organism, population, or community. It is the physical part of the environment in which an organism finds its home, and includes the sum total of all the environmental conditions present in the specific place occupied by an organism.
HAMLET
A small unincorporated settlement that has a range of housing types, businesses, and cultural uses, often with a network of interconnected streets and blocks, public spaces and gathering places within walking distance of residences.
HAZARDOUS SUBSTANCE
Any substance listed as a hazardous substance in 6 NYCRR Part 597, Hazardous Substance List, or a mixture thereof.
HEIGHT OF BUILDING
The vertical distance from average grade plane to the height of the highest roof surface.
HIGH-TENSION TRANSMISSION LINES
Any electric line operating at a voltage in excess of 440 volts or any electric transmission line or series of lines going through the Town of Copake which is not designed to service the area but is designed solely to transport electrical energy.
HOME OCCUPATION, MAJOR
A business activity resulting in a product or service for financial gain, conducted wholly or partly within a dwelling unit or accessory structure by a permanent resident of such dwelling unit, which is clearly secondary to the residential use of the dwelling and does not change the residential character of the dwelling unit or vicinity. Such use shall not employ more than three additional people on site or have any exterior evidence of such secondary use other than a sign, but may allow customers, clients or sales representatives to enter the premises. A "major home occupation," if in conformity with the foregoing, may include storage of vehicles or equipment on the residential property. A home-based day-care operation caring for not more than five people and in compliance with the other provisions of this definition may be a major home occupation. A contractor's yard shall not be considered a major home occupation.
HOME OCCUPATION, MINOR
Any nonresidential use, including a business activity, conducted within a dwelling unit or accessory structure by a permanent resident of such dwelling unit, which is clearly secondary to the residential use of the dwelling and does not change the residential character of the dwelling unit or vicinity. Such use shall not employ more than one additional person on site, shall not involve storage of vehicles or equipment or outdoor storage of materials or have any exterior evidence of such secondary use other than a small door or lawn plaque, and shall involve few customers or clients entering the premises. A minor home occupation may produce only household quantities and types of waste and shall not involve an amount of delivery truck visits significantly in excess of that associated with ordinary residential use. A contractor's yard shall not be considered a minor home occupation.
HOMEOWNERS' ASSOCIATION (HOA)
An individual, partnership, association, corporation or other legal entity formed for the purpose of owning, using and/or maintaining lands for the common benefit of the lot owners within a subdivision or development.
HORSE BOARDING OPERATION
An agricultural enterprise, consisting of at least seven acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. Under no circumstances shall this definition be construed to include operations whose primary on-site function is horse racing. Notwithstanding any other provision of this subdivision, a commercial horse boarding operation that is proposed or in its first or second year of operation may qualify as a farm operation if it is an agricultural enterprise, consisting of at least seven acres, and boarding at least 10 horses, regardless of ownership, by the end of the first year of operation.
HOSPITAL
A building containing beds for patients and used for the medical care of humans, including the diagnosis, treatment or other care of human injuries, illnesses and ailments, or maternity care, by persons licensed by the State of New York to provide such medical care.
HOTEL
A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms, recreational facilities and other guest services.
HOUSEHOLD
One or more persons living and cooking together as a single housekeeping unit.
[Added 9-5-2023 by L.L. No. 10-2023]
HYDROGEOLOGIC SENSITIVITY
The hydrogeologic sensitivity of a location is a relative measure of the ease and speed with which a contaminant could migrate into and within the uppermost water-bearing unit. High to very high hydrogeologic sensitivity ratings indicate that, in general, groundwater is more susceptible to be impacted by surface activities.
ILLUMINANCE
The intensity or amount of light falling at a given place on a lighted surface, expressed in lumens per square meter and footcandles per square foot.
IMPERVIOUS SURFACE
Any man-made material or material put in place by intentional human activity that does not allow precipitation and melted snow to penetrate into the soil.
JUNK YARD
An area of land, with or without buildings, which is used for the deposit, keeping, storage or holding of wrecked, junked, discarded, abandoned or unregistered motor vehicles which are in a condition such that they cannot be legally operated on a public highway, whether such vehicles are kept or stored for the purpose of disposing of the same, reclamation or resale of used parts therefrom, or for any other reason.
KENNEL
Any place at which there are kept any number of animals for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.
LAUNDROMAT
An establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.
LENDING INSTITUTION
Any entity, either for profit or not for profit, which holds mortgages or liens against real property.
LIGHT INDUSTRY
Low-impact design, manufacture, assembly, treatment or packaging of products or parts predominantly from previously processed or prepared materials, including fabrication, incidental storage, and distribution of such products or parts, provided that all operations are conducted entirely within an enclosed building; it does not emit smoke, noise, dust, odor, glare or vibration beyond the property boundaries; it is compatible with the Town of Copake's Comprehensive Plan; it does not produce high volumes of polluting wastes; and the operation does not require heavy, noisy, or otherwise objectionable machinery or transporting equipment. "Light industry" does not include, among other things, commercial incineration of waste. If operated in conformity with the foregoing, light industry uses may include, but are not limited to:
A. 
Production of apparel and other textile products.
B. 
Assembly operations.
C. 
Electrical and electronic machinery and equipment.
D. 
Food and beverage production and processing, including but not limited to such uses as a dairy processing plant, bakery, and bottling plant.
E. 
Mail-order distribution center.
F. 
Metal fabrication.
G. 
Furniture and fixtures.
H. 
Printing and publishing.
I. 
Commercial storage ancillary to the authorized use.
LIGHT POLLUTION
Stray or reflected light that is emitted into the atmosphere above the 90° horizontal plane from the luminaire, or which can or does cause sky glow.
LIGHT TRESPASS
Direct light from an artificial light source on one property that is intruding into an area where it is not wanted or does not belong.
LIGHT, DIRECT
Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
LIGHT, INDIRECT
Direct light that has been reflected or has scattered off of surfaces other than those associated with the light fixture.
LIGHTING, NONESSENTIAL EXTERIOR
Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours).
LIGHTING, OUTDOOR
The nighttime illumination of an outside area or object by any manufactured device located outdoors that produces light by any means.
LOT
A delineated area or plot of land which may be occupied or designed to be occupied by a principal building and its accessory structure or structures, including the yards required by this chapter.
LOT AREA
The total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way.
LOT COVERAGE
The square footage or percentage of lot area covered by buildings or structures and all related ancillary uses and/or supporting systems, including accessory buildings and structures and all impervious surfaces.
LOT FRONTAGE
A lot line which is coincident with a street line.
LOT LINES
The lines bounding a lot, as defined herein.
LOT LINES, INTERNAL
The lot lines of the "flag" portion of a flag lot.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines, or the width of a lot measured along the rear line of the required front yard.
LOT, CORNER
A lot at the locus (corner) of two or more intersecting streets when the interior angle of the intersection(s) does not exceed 135°. The street sides are the front yard lines. The intersecting, adjoining property lines are the side yard lines.
LOT, DEPTH OF
The mean distance from the street line of a lot to its rear line.
LOT, FLAG
A lot that conforms to the requirements for the district in which it is located, except that does not meet the requirement for road frontage and is characterized by a narrow strip of property by which access is gained. Such lot is shaped like a pole with a fully extended flag at the upper portion thereof, the bottom of the pole being at the street line and the "pole" portion of the lot providing access to the "flag" portion of the lot where the principal structure is or will be constructed; provided, however, that neither the "flag" portion nor the "pole" portion is required to be rectangular.
LOT, REAR
A lot meeting all other requirements under the Town Zoning Code and Subdivision Regulations which does not have frontage on a Town road or a private road which has been constructed to Town specifications.
LUMINAIRE
A complete lighting system, including a light source component (lamp or lamps that produce the actual light) and a fixture.
MAINTENANCE
See "repair and maintenance."
MAJOR SUBDIVISION
A "major subdivision" as defined in § 197-2 of Chapter 197 of the Code of the Town of Copake, "Subdivision of Land."
MANUFACTURED HOME
A 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; except that such term shall include a mobile home as defined herein, and shall include a structure which meets all the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development.
MANUFACTURING
Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.
MEDIAN FAMILY INCOME (MFI)
The median family income as determined for Columbia County by the United States Department of Housing and Urban Development (HUD) and available at www.huduser.gov. In the event such calculation by HUD ceases to be generated or available, then an MFI determination shall be calculated or adopted by the Town Board, based upon the most recent US Census data.
[Added 9-5-2023 by L.L. No. 10-2023]
MEDICAL FACILITY
A facility or institution, whether public or private, principally engaged in providing outpatient services for health maintenance and the treatment of mental or physical issues and which does not provide overnight accommodations for patients.
MINOR SUBDIVISION
A "minor subdivision" as defined in § 197-2 of Chapter 197 of the Code of the Town of Copake, "Subdivision of Land."
MOBILE HOME
Manufactured homes built prior to the adoption of the 1978 HUD Code. A moveable or portable unit, manufactured prior to January 1, 1976, designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. "Mobile home" shall mean units designed to be used exclusively for residential purposes, excluding travel trailers.
MODULAR HOME
Prefabricated dwellings made in a factory and consisting of two or more sections. The siding, drywall, fixtures, plumbing and wiring are added in the factory and already in place upon siting. A modular home must be built at a factory to conform to all building codes.
MOTEL
A building or group of buildings containing individual living and sleeping accommodations for transient use, each of which is provided with a separate exterior entrance and a parking space, and is offered for rental and use principally by motor vehicle travelers.
MOTOR VEHICLE REPAIR
A building primarily used for the service and/or repair of motor vehicles, including body repairs.
MOTOR VEHICLE SALES
The use of any building, land area, or other premise principally for the display, sale, rental, or lease of new or used automobiles, trucks, vans, trailers or recreational vehicles, and including any vehicle preparation, warranty, or repair work conducted as an accessory use.
NATURAL GAS
Methane or any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
NATURAL GAS EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search for natural gas, petroleum, or other subsurface hydrocarbons, including prospecting, seismic surveying and sampling, which involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.
NATURAL GAS EXPLORATION OR PRODUCTION WASTE
Any waste or refuse, including drilling fluids, brines, produced waters, flowback, production or processing wastes, drilling treatment wastes, radioactive materials, chemicals and chemical solutions, waste oil, sediment, sludge, soil, drill cuttings, or any other waste associated with the exploration, drilling, extraction, production, processing, or treatment of natural gas or petroleum, which is produced, generated, extracted, used, or intended to be used in the course of natural gas exploration or extraction activities.
NATURAL GAS EXTRACTION ACTIVITIES
The digging or drilling of a well or other boring, penetration or excavation, for the purposes of exploring for, developing, extracting, or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing related to the exploration for, or extraction of, such substances, or the storage or preparation of fluids, oils, chemicals, equipment, or other materials for the purpose of use in connection with such activities.
NONCONFORMING AREA
That part of a building, other structure or tract of land which does not conform to one or more of the applicable density and dimension regulations of this chapter, either following its effective date or as a result of subsequent amendments thereto.
NONCONFORMING LOT
Any lot whose area and/or dimensions do not conform to the requirements of the Zoning District in which it is located.
NONCONFORMING STRUCTURE
A structure or building, the size, dimensions, or location or which fails to conform to the present requirements of the zoning district in which it is located.
NONCONFORMING USE
Any use of a building, other structure or tract of land which does not conform to the use regulations for the district in which such use is located, either at the effective date of this chapter or as a result of subsequent amendment thereto.
NUDITY
Uncovered to less than opaquely covered postpubertal human genitals or pubic area, the postpubertal human female breast below the point immediately above the top of the areola or the covered human male genitals in a discernibly turgid state. For the purpose of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
NURSING HOME
A building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OFFICE, PROFESSIONAL
A structure or part of a structure used by one or more members of a government entity or recognized professional occupation and associated staff, maintained for the conduct of professional operations, including the service or treatment of clients, and furnished with desks, tables, files, communication and other office equipment or equipment integral to the professional practice, and not involving the manufacture, storage, display or direct retail sale of goods.
OFFICIAL NEWSPAPER
The newspaper or newspapers designated by the Town Board for the publication of official notices of meetings and public hearings.
OPEN SPACE LAND
Land left in a natural state for conservation and agricultural purposes or for scenic purposes, devoted to the preservation of distinctive ecological, physical, visual, architectural, historic, geologic or botanic sites. It shall also mean land left in a natural state and devoted to active or passive recreation. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure except agricultural buildings. Open space may be included as a portion of one or more house lots provided the lot(s) are five acres or more in size, and are contiguous to form a larger, unfragmented open space area. Open space lands may also be contained in a separate open space lot but shall not include private yards within 50 feet of a principal structure.
OUTDOOR WOOD BOILER (OWB)
Any equipment, device or apparatus, or any part thereof which is designed to be installed, affixed or situated outdoors, or in a shed or garage, for the primary purpose of combustion of firewood or untreated lumber to produce heat or energy used as a component of a heating system providing heat for any interior space other than the building in which it may be located, or a swimming pool, hot tub or other hot water uses.
PARKING LOT, COMMERCIAL
Any lot or portion thereof designed or used for the purpose of commercial parking.
PIPELINE
All parts of those physical facilities, including gathering lines, production lines, and transmission lines, and pipes, lines, valves and other equipment and appurtenances attached thereto, through which gas, petroleum, hazardous liquids, or chemicals move in transportation in connection with the extraction or processing of natural gas, petroleum, or other hydrocarbons, except for the transmission of natural gas though utility pipes, lines, or similar appurtenances for the limited purpose of supplying natural gas for consumer end-use to residents or buildings located in the Town of Copake.
PLAT
A subdivision map or plan approved by the Planning Board pursuant to the Town of Copake Subdivision Regulations. See Ch. 197, Subdivision of Land.
PLATFORM OF A DRIVEWAY
That portion of a driveway contiguous to a road where vehicles stop before entering the road from the driveway.
PLOT PLAN
A map or plan showing the boundaries of a parcel and all structures and important physical features on it, drawn to scale with accurate dimensions.
POSTER
A temporary, nonpermanent device consisting of static, nonilluminated print or design on paper, cardboard, plastic, laminate, board, or similar medium, not to exceed eight square feet in size. A freestanding poster may be two-sided.
POULTRY
Domesticated or wild game birds raised for human consumption, but not including ostriches or other ratites.
POULTRY OR RABBIT PROCESSING FACILITY
An enclosed farm building where poultry or rabbits are killed and prepared for sale for human consumption.
POWER PLANT
A facility that is designed to generate electricity for off-site use, other than a solar or wind facility permitted and operating in accordance with the provisions of this chapter.
PRE-EXISTING OUTDOOR WOOD BOILER
An outdoor wood boiler that was purchased and installed prior to December 31, 2010.
PREMISES
A lot, together with all the buildings and uses thereon.
PRIMARY CONSERVATION AREA
The area delineated in a flexible lot subdivision to have priority resource areas to be conserved including, but not limited to, streams, floodplains, wetlands, critical habitats, steep slopes over 15%, areas with rocky outcrops, agricultural lands, and groundwater recharge areas.
PRINCIPAL USE
The main use of a lot or structure.
PRIVATE ROAD
A right-of-way, the entire length of which must be wholly owned by the owners of the properties it serves or a single entity such as a homeowners' association.
PUBLIC UTILITY
A 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 it provides a service that is essential to the public health, safety and general welfare, is regulated by a government agency, is granted an exclusive or near-exclusive franchise for a specific geographic area, and is required to provide service to all who apply within their franchised area.
QUALIFYING INCOME (QI)
Household income equal to the "low (80%) income limit," as defined and calculated by the United States Department of Housing and Urban Development (HUD) for Columbia County, based on median family income (MFI) and adjusted for household size, as determined by HUD and available at www.huduser.gov. In the event such calculation by HUD ceases to be generated or available, then QI for a household of seven or more shall be 90% of recently available median family income; QI for a household of six shall be 85% of the most recently available MFI; for a household of five shall be 80% of the most recently available MFI; for a household of four shall be 73% of the most recently available MFI; for a household of three shall be 66% of the most recently available MFI; for a household of two shall be 59% of the most recently available MFI; and for a household of one shall be 52% of the most recently available MFI.
[Added 9-5-2023 by L.L. No. 10-2023]
RECHARGE AREA
The land area that replenishes underground water reserves.
RECREATIONAL BUSINESS
A place designed and equipped for the conduct of sports and leisure time activities for profit. This could be but is not limited to include a bowling alley, gym, skating rink, dance hall or pool hall. A "recreational business" shall not generate noise perceptible beyond the boundaries of the parcel on which it is located.
RECREATIONAL VEHICLE
A vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. "Recreational vehicles" include but are not limited to camping trailers, fifth-wheel trailers, motor homes, park trailers, travel trailers and truck campers.
REFUSE
Any animal, vegetable, or mineral, solid, liquid, or gaseous waste. It includes, but is not limited to, rubbish, garbage, ashes, construction waste, industrial waste, commercial waste, demolition waste, agricultural waste, abandoned vehicles, and any unwanted or discarded material. It does not include hazardous waste.
REGULATION
Any applicable law, ordinance, regulation or rule adopted by any municipal, county, state, or federal authority with jurisdiction in the referenced or relevant matter or matters.
REPAIR and MAINTENANCE
Work on an existing and permitted structure or other development, which is intended solely to prevent or remediate deterioration or degradation of such structure or development, and which does not expand or change the existing structure beyond restoring such structure to its most recent pre-existing configuration, does not substantially change the appearance from its most recent pre-existing appearance, and does not involve substantial replacement or rebuilding of any structural parts or components. Notwithstanding the above, painting shall be deemed to be maintenance.
RESEARCH LABORATORY
An establishment or facility for carrying on investigation in the natural, physical or social science or engineering and development as an extension of investigation with the objective of creating end products and shall include pilot plant operations.
RESIDENCE, RESIDENTIAL
A building or any part of a building which contains living and sleeping accommodations for permanent occupancy. For purposes of this chapter, occupancy of a dwelling unit for more than 30 consecutive days shall be presumed to constitute residential use. However, "residence" or "residential" use shall not include the following:
A. 
Transient accommodations, such as hotels, motels, boarding houses, tourist houses, and hospitals.
B. 
That part of a building containing both residences and other uses which is used for any nonresidential uses, except accessory uses for residences.
RESORT HOTEL, RESORT RANCH or RESORT LODGE
An area of land on which is located a hotel or group of buildings containing living and sleeping accommodations hired out for compensation, which has a public lobby serving guests and contains one or more dining rooms and recreation facilities. Such hotel may be in the form of condominium ownership.
RESTAURANT
An establishment where food and beverages are prepared, served and consumed, mostly within the principal building.
RETAIL STORE
A business establishment which sells goods and merchandise, including groceries, to consumers or other businesses at retail prices. A "retail store" does not include an establishment that sells gasoline or similar vehicular fuels, or road-capable motor vehicles.
RIDGELINE
The narrow crest or horizontal line of hills or mountains, usually at the highest elevation.
RIGHT-OF-WAY
A legally approved private thoroughfare of at least 50 feet in width that affords a means of access to a lot or lots not situated on an existing public road, street or way, which must be maintained by the abutting owners at their sole cost and expense or by the developer of an approved subdivision.
ROAD FRONTAGE
The distance along a street line measured at the front of an abutting lot.
SCHOOL
A structure or structures used for academic or technical instruction to students, whether full-time or part-time, such as public or private schools that include any combination of grades from nursery school or kindergarten through the twelfth grade, as well as trade, business, technical or arts schools, colleges, or universities.
SECONDARY CONSERVATION AREA
The area delineated in a flexible lot 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, significant natural areas and features, historic structures or sites, and visually prominent features such as stone walls, knolls, or hilltops, locations having traditional character, scenic viewsheds, and trails.
SENIOR CITIZEN HOUSING
Multifamily housing designed for people 55 or older. This includes continuing care communities and retirement communities.
SEPTIC SYSTEM
An underground or other system with a tank used for the decomposition of domestic wastes. Also known as an "on-site wastewater disposal system."
SEQRA
Review of an application according to the provisions of the State Environmental Quality Review Act, (New York State Environmental Conservation Law, Article 8, and its enacting regulations 6 NYCRR, Part 617).
SERVICE BUSINESS or SERVICE ESTABLISHMENT
A business rendering a service only, such as a barbershop, repair shop, etc.
SETBACK
The distance in feet from any property line to any structure or accessory use on a lot. Where a property line is within a right-of-way of a public or private road or sidewalk, the required setback shall be measured from the near edge of the roadway.
SHED
An accessory structure or building up to 192 square feet in size used primarily for storage purposes.
SHORT-TERM RENTAL (STR)
Rental of a dwelling unit or a portion thereof within a one-family dwelling, two-family dwelling, multifamily dwelling, or accessory dwelling unit to provide lodging for a transient guest or two or more associated transient guests, for a period of less than 30 consecutive 30 days, in exchange for compensation, consideration, or anything of value, or the premises used therefor. Short-term rental expressly excludes any use classified as and permitted by the Town of Copake as a hotel, motel, campground, bed-and-breakfast, dormitory, resort hotel, lodge or ranch, farm stay, or other use allowed under Table 2, the Table of Use Regulations, and farm worker housing.
[Added 12-28-2023 by L.L. No. 11-2023]
SHORT-TERM RENTAL, ENHANCED
A short-term rental that is rented, or will be rented, to one or more STR guests for a total of more than 120 days of nonexempt rental during a one-year period.
[Added 12-28-2023 by L.L. No. 11-2023]
SIDEWALK
A paved, surfaced, or leveled area, paralleling and usually separated from the traveled way and used as a pedestrian walkway.
SIGN
Any structure or part thereof or any device attached to a structure or painted or represented on a structure which shall display or include any lettering, wording, model, drawing, picture, banner, flag insignia, device, marking or representation used as or which is in the nature of an announcement, direction or advertisement. A "sign" includes a billboard, neon tube, fluorescent tube or other artificial light or string of lights outlining or hung upon any part of a building or lot for the purposes mentioned above, but does not include the flag or insignia of any nation or of any governmental agency or a temporary poster of no more than eight square feet in size.
SIGN AREA
The area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations and lights, but excluding the supports if they are not used for advertising purposes. Any neon tube, string of lights or similar device shall be deemed to have minimum dimensions of one foot.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted on the premises.
SIGN, DIRECTLY ILLUMINATED
A sign which incorporates any artificial lighting as an inherent part or feature.
SIGN, FLASHING
An illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, ILLUMINATED
A sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
SIGN, INDIRECTLY ILLUMINATED
A sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
SIGN, REPRESENTATIONAL
Any three-dimensional sign which is built so as to physically represent the object advertised.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.
SKETCH PLAN
Conceptual maps, renderings, and supportive data describing the project proposed by the applicant for the initial review.
SKY GLOW
Brightness of the night sky as a result of artificial light which is emitted upward by luminaires.[5]
SOLAR COLLECTOR
A solar or photovoltaic cell, plate, panel, film, array, reflector, or other structure affixed to the ground, a building, or other structure that harnesses solar radiation to directly or indirectly generate thermal, chemical, electrical, or other usable energy, or that reflects or concentrates solar radiation to a solar or photovoltaic cell, plate, panel, film, array, reflector, or other structure that directly or indirectly generates thermal, chemical, electrical, or other usable energy.
SOLAR ENERGY SYSTEM
A system of components intended for the collection, inversion, storage, and/or distribution of solar energy and that directly or indirectly generates thermal, chemical, electrical, or other usable energy. A solar energy system consists of, but is not limited to, solar collectors, mounting devices or structures, generators/turbines, water and energy storage and distribution systems, battery energy storage systems, storage, maintenance and/or other accessory buildings, inverters, fans, combiner boxes, meters, transformers, and all other mechanical structures. The term also 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. A Solar energy system is classified as a Tier 1, Tier 2, Tier 3 or Tier 4 solar energy system as follows:
[Amended 10-8-2020 by L.L. No. 1-2020]
A. 
Tier 1 solar energy systems include the following:
(1) 
Roof-mounted solar energy systems; and
(2) 
Building-integrated solar energy systems.
B. 
Tier 2 solar energy systems include ground-mounted solar energy systems with a total surface area of all solar panels on the lot of not more than 2,000 square feet and that generate over a twelve-month period not more than 110% of the electricity consumed on the site over the previous 12 months.
(1) 
Notwithstanding the above, a solar energy system located on a farm operation, as defined in § 301, Subdivision 11, or the relevant provision of the New York State Agriculture and Markets Law, and located in a New York State Agricultural District, which primarily serves the needs of such farm operation and produces not more than 110% of the farm's needs, or other amount that may be established by resolution of the Copake Town Board in accordance with New York State Department of Agriculture and Markets guidance, shall be deemed a Tier 2 solar energy system subject to limitations on farmland conversion contained in § 232-16.12E and F.
(2) 
A system that does not exceed the production or output limits and otherwise conforms to the requirements of this definition shall not be excluded from designation as a Tier 2 solar energy system as a result of selling or otherwise receiving credits or benefits for excess energy provided to the distribution grid.
C. 
Tier 3 solar energy systems are systems that are not included in the list for Tier 1, Tier 2, or Tier 4 Solar Energy Systems.
D. 
Tier 4 solar energy systems are utility-scale solar energy systems. Tier 4 systems include any solar-energy-generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar-thermal devices or various experimental solar technologies, which shall be deemed to include but not be limited to any solar energy system which has a total surface area of all solar panels on the lot of more than 4,000 square feet, designed and intended to supply energy primarily into a utility grid for sale to the general public or to supply multiple users located off the site on which the energy system is located.
SOLAR PANEL
A photovoltaic device for the direct conversion of solar energy into electrical energy.
SOLAR-THERMAL SYSTEM
A system that directly heats water or other liquid using sunlight.
SPECIAL USE PERMIT
An authorization, in accordance with and pursuant to § 274-b on the New York State Town Law and this chapter, of a particular land use which is permitted in the Town of Copake Zoning Law, subject to special requirements 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.
STABLE, PUBLIC AND RIDING ACADEMY
A use or building or structure where horses are boarded or riding lessons, training or instruction is given for compensation. A public stable may also include a commercial horse boarding operation as that term is defined in the Agriculture and Markets Law, § 301.
STEEP SLOPE
Land areas where the slope exceeds 15%.
STORAGE, COMMERCIAL
A building or part of a building no larger than 20,000 square feet for storing of goods, wares, and merchandise for the particular commercial establishment for which it is associated.
STORAGE, OUTDOOR
The keeping, in an unenclosed area, of any equipment, construction material, landscaping material, merchandise, or vehicles in the same place for more than 24 hours and not associated with an outdoor retail sales establishment. Parking lots and junkyards shall not be considered "outdoor storage."
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORY
The part of a building comprised between a floor and the floor or roof next above it. (See "attic," "basement" and "cellar.")
STORY, HALF
The portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
STR GUEST
Any and each person, whether alone or as part of a group, staying in, or having obtained the right to stay in, a dwelling or dwelling unit used for short-term rental in exchange for compensation, consideration, or anything of value, for a period of less than 30 days. Any person on the premises between the hours of 12:00 midnight and 6:00 a.m. shall be counted as an STR guest.
[Added 12-28-2023 by L.L. No. 11-2023]
STR OWNER
The person, persons, or legal entity holding title to the premises used as a short-term rental.
[Added 12-28-2023 by L.L. No. 11-2023]
STREAM
Perennial and intermittent watercourses identified through site inspection and United States Geological Survey (USGS) maps. Perennial streams are those depicted on a USGS map with a solid blue line. Intermittent streams are those depicted on a USGS map with a dotted blue line.
STREAM BUFFER
A one-hundred-foot area extending along both sides of a watercourse, measured from the edge of the waterway, and any adjacent wetlands, floodplains or slopes where clearing, soil removal or disturbance, filling, dumping, ditching, storage and use of pesticide or herbicides, placement of septic systems and placement of dwellings, other kind of development, mining and commercial logging are prohibited in order to protect water quality and ecological health of the streams.
STREAMSIDE VEGETATED BUFFER
A twenty-foot area, measured from the edge of the waterway, of undisturbed vegetation designed to conserve the areas immediately adjacent to streams and rivers extending along both sides of a watercourse and any adjacent wetlands, floodplains or slopes.
STREET
An existing public way or private way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on a plat approved by the Town Planning Board and/or recorded in the office of the County Clerk.
STREET WIDTH
The width of the right-of-way, or the distance between property lines on opposite sides of a street.
STRUCTURE
A static construction of building materials, including buildings, stadiums, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, manufactured homes, tanks, fences and poles and any fixtures, additions or alterations thereto.
SURFACE WATER
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, and all other bodies of surface water, natural or artificial, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters).
TELECOMMUNICATION TOWER
A structure or location designed or intended to be used, or used to support antennae. This includes, without limitation, freestanding towers, guyed towers, monopoles, structures such as a church steeple, silo, water tower, sign or other structures intended to mitigate the visual impact of an antenna or the functional equivalent or such, while serving to support antennae. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal telecommunications services or microwave telecommunications.
TEMPORARY
Allowed, existing, carried on, or constructed to last for a limited period of time, or which is susceptible to simple and expedient dismantling, removal, or discontinuance. The duration of a temporary period may be determined by express provision of law or by reference to context and common and ordinary practice.[6]
TRAIL
A cleared way for pedestrians, horses, and/or bicycles that may or may not be improved with paving or other surfacing.
TRANSIENT
Occupancy, or the right to occupancy, of not more than 29 consecutive days.
[Amended 12-28-2023 by L.L. No. 11-2023]
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code. See Chapter 129, Fire Prevention and Building Construction.
UNIQUE GEOLOGICAL FEATURE
Locations that have scientific, educational, cultural, aesthetic, and/or economic significance. Geologic structures and landscapes represent the best examples of their kind (e.g., type section for the Copake Limestone, etc.). Culturally significant sites are places where cultural or historical events have occurred due to a geologic feature or landscape (e.g., Copake Iron Works and associated mines). Aesthetically significant sites include landscapes that are visually appealing (e.g., Taconic State Park). Similarly, economically significant features are important tourism destinations due to their characteristics.
URGENT CARE FACILITY
A medical facility that is a walk-in clinic focused on the delivery of ambulatory care in a dedicated medical facility outside of a traditional emergency room. Urgent care centers primarily treat injuries or illnesses requiring immediate care, but not serious enough to require an emergency room visit.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.
USE TABLE, TABLE OF USES
The Table of Use Regulations included in this chapter in accordance with § 232-7.
USE, NONCONFORMING
An established use of a building, structure or land lawfully existing on July 15, 2018, which does not conform to the uses permitted by this chapter as same apply to the location in which the building, structure or land is located.
UTILITY-SCALE SOLAR ENERGY SYSTEM
Energy-generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar-thermal devices or various experimental solar technologies, designed and intended to supply energy primarily into a utility grid for sale to the general public or to supply multiple users located off the site on which the energy system is located.
VEHICLE CHARGING STATION
An area of land, including structures thereon, or any building or part thereof that is used primarily for the sale and direct delivery to the motor vehicle of electricity for charging batteries contained in electric cars.
VEHICLE FUELING STATION
An area of land, including structures thereon, that is used primarily for the sale and direct delivery of gasoline, oil and other lubrication substances for a motor vehicle, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating and washing.
VETERINARY HOSPITAL
A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.
VIEWSCAPE
The vista visible from one or more viewing points that encompasses a multitude of elements, both natural and man-made, and that gives the landscape its identity.
WATER BODY
Any natural or man-made body of water, such as a pond, lake, stream, wetland, or wet area which does not necessarily flow in a definite direction or course.
WATERCOURSE
A permanent or intermittent channel or stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERSHED
The area which is a drainage basin for a particular freshwater body.
WETLAND
Lands and submerged lands commonly called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semiaquatic vegetation.
WHOLESALE BUSINESS
A business or service primarily consisting of multiunit transactions with other commercial entities and not open to the general public.
WIND POWER FACILITY, COMMERCIAL
One or more wind turbines with a generating capacity of 27.5 kW or greater designed for off-site power consumption through the grid of an electrical utility company.
WIND TURBINE
Any mechanism designed for the purpose of converting the kinetic energy of wind into electrical or mechanical energy that includes a system consisting of a wind turbine, a tower, and associated control or conversion electronics.
WIND TURBINE TOWER
The support structure to which a nacelle and rotor blade are attached.
WIND TURBINE TOWER HEIGHT
The height from the original grade of the land to the highest point of any part of the wind turbine including the top of the blade when it is in the vertical position.
WIND TURBINE, NONCOMMERCIAL (NCWT)
When not used in connection with farm operation, an NCWT is defined as a single wind turbine with a generating capacity of 27.5 kW or less designed solely for on-site power consumption, except that unused or excess power may be sold to an electrical utility company in accordance with the provisions of § 66-1 of the New York State Public Service Law. When used in connection with "farm operation" as such is defined in Section 301, subdivision 11 of the New York State Agriculture and Markets Law (NYSAML), an NCWT is considered an on-farm building and is further defined as a single wind turbine designed solely for on-site power consumption as governed by the NYSAML and/or § 66-1 of the New York State Public Service Law.
WINERY
See BREWERY/DISTILLERY/WINERY.
WOOD FUEL
All wood intended to be used as fuel, including but not limited to trees, cordwood, logs, lumber, sawdust, wood pellets, slabs, bark, chips, waste pallets and wood from manufacturing processes (butt offs, shavings, turnings, sander dust), as well as other solid fuels that are approved for use by the manufacturer of an outdoor wood boiler. This definition does not include materials that have been painted, pigmented, stained, or pressure treated by compounds such as chromate copper arsenate, pentachlorophenol or chemically treated with any preservative, paint, or oil.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front lot line of the lot and nearest point of the principal building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest point of the principal building.
YARD, REQUIRED
That portion of the open area of a lot extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the dimensional regulations of the zoning district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
YARD, SIDE
A yard situated between the building and the side line of a lot and extending from the front yard rear line (or from the front lot line, if there is no required front yard) to the rear yard front line (or rear lot line).
ZONING LAW
The officially adopted Zoning Law of the Town of Copake contained within the Code of the Town of Copake, including Chapter 232 entitled "Zoning," Chapter 197 entitled "Subdivision of Land," and Chapter 230 entitled "Telecommunications Facilities and Towers," together with any and all amendments thereto, in accordance with Article 16 of the Town Law and Articles 2 and 3 of the Municipal Home Rule Law.
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
[2]
Editor's Note: The former definition of "boardinghouse," which immediately followed this definition, was repealed 12-28-2023 by L.L. No. 11-2023.
[3]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
[4]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
[5]
Editor's Note: The former definition of "small-scale solar energy system," which immediately followed, was repealed 10-8-2020 by L.L. No. 1-2020.
[6]
Editor's Note: The former definition of "tourist house," which immediately followed this definition, was repealed 12-28-2023 by L.L. No. 11-2023.