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."
As used in this chapter, the following words shall have the
meanings indicated:
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.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A single-family dwelling unit in a multifamily dwelling or
mixed-use building.
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.
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.
The total area contained within the property lines of an
individual parcel of land, excluding any area within an existing street
right-of-way.
The manufacturing from standardized parts of a distinct object
differing from the individual components.
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.
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.
The average size of all lots to be subdivided from a parcel.
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]
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One-bedroom dwelling unit
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QI for two-person household
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Two-bedroom dwelling unit
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QI for four-person household
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Three-bedroom dwelling unit
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QI for four-person household
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Four-bedroom dwelling unit
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QI for six-person household
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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
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QI for two-person household
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Two-bedroom dwelling unit
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QI for four-person household
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Three-bedroom dwelling unit
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QI for four-person household
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Four-bedroom dwelling unit
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QI for six-person household
|
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.
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.
A lot that provides for basic Department of Health standards
for conventional septic systems and private wells.
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.
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.
See "sign."[2]
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" 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.
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."
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.
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.
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.
See "accessory building."
A building directly abutting and connected to another building
on both sides.
A building surrounded by open space on the same lot.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building directly abutting and connected to another building
on one side.
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.
A small, roofed structure, usually having three walls and
designed primarily for the protection and convenience of bus passengers.
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.
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.
A tent, camping cabin, recreational vehicle or other type
of portable shelter intended, designed or used for temporary human
occupancy.
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]
A business with a covered building that cars drive through
for applications of powered sprays of cleanser and rinse water.
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.
Property used for the interment of the dead.
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.
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.
A structure or place in which worship, ceremonies, rituals,
and education pertaining to a particular system of beliefs are held.
Any business, industrial, or general use in which acts are
done, or services or goods are provided, for compensation.
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.
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.
The Comprehensive Plan of the Town of Copake adopted and
amended pursuant to New York State Town Law § 272-a.
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.
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.
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.
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.
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.
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.
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.
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.
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.
An increase in the allowable density of a subdivision granted
in return for public benefits desired by the Town.
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.
See "brewery/distillery/winery."
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.
Land situated within a lot or way used or intended to be
used to provide access to the lot by vehicular traffic.
A driveway serving no more than four lots, owned in common
or created by reciprocal easements.
A means of access for motor vehicles to property upon which
is situated a property for commercial, industrial or other nonresidential
uses.
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.")
A group of two or more dwellings occupying a lot in one ownership.
A building or portion thereof providing complete housekeeping
facilities for one family.
A dwelling containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other.
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.
A building designed and built for containing two dwelling
units.
A lot that provides for an alternative septic system and
best site design practices, in accordance with the specifications
set out in this chapter.
The United States Environmental Protection Agency.
The wearing of surface soils by action of wind or water.
Light that is used for a specific period of time, which is
necessary for location identification, safety, security, or public
circulations purposes.
Removal, relocation, or reconfiguration of more than 20 cubic
yards of earth materials.
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.
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.
One or more persons living and cooking together as a single
housekeeping unit.
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.
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.
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.
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.
An accessory dwelling used to house farm workers on an agricultural
operation located within a certified New York State Agricultural District.
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.
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.
Trunks and branches of trees and bushes, but does not include
leaves, needles, and vines or brush smaller than two inches in diameter.
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.
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.
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.
The aggregate square footage of all floors of a structure,
excluding attics and basements.
An area of land used for the purpose of aircraft landing
and take-off.
The area within a building or structure perimeter, as measured
and located upon a horizontal plane at grade level.
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.
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.
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.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected with burial
or cremation.
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.
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.
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.
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.
The average finished grade at or not more than six feet from
all the building's exterior walls.
A structure or operation where plants are cultivated and
sold for retail or wholesale purposes.
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.
Water below the land surface in a saturated zone of soil
or rock.
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.
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.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof.
The vertical distance from average grade plane to the height
of the highest roof surface.
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.
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.
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.
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.
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.
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.
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.
One or more persons living and cooking together as a single
housekeeping unit.
[Added 9-5-2023 by L.L.
No. 10-2023]
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.
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.
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.
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.
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.
An establishment providing washing, drying, or dry-cleaning
machines on the premises for rental use to the general public.
Any entity, either for profit or not for profit, which holds
mortgages or liens against real property.
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:
Production of apparel and other textile products.
Assembly operations.
Electrical and electronic machinery and equipment.
Food and beverage production and processing, including but not
limited to such uses as a dairy processing plant, bakery, and bottling
plant.
Mail-order distribution center.
Metal fabrication.
Furniture and fixtures.
Printing and publishing.
Commercial storage ancillary to the authorized use.
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.
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 emitted directly from the lamp, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens,
of a luminaire.
Direct light that has been reflected or has scattered off
of surfaces other than those associated with the light fixture.
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).
The nighttime illumination of an outside area or object by
any manufactured device located outdoors that produces light by any
means.
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.
The total area contained within the property lines of an
individual parcel of land, excluding any area within an existing street
right-of-way.
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.
A lot line which is coincident with a street line.
The lines bounding a lot, as defined herein.
The lot lines of the "flag" portion of a flag lot.
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.
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.
The mean distance from the street line of a lot to its rear
line.
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.
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.
A complete lighting system, including a light source component
(lamp or lamps that produce the actual light) and a fixture.
See "repair and maintenance."
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.
Any process whereby the nature, size or shape of articles
or raw materials are changed, or where articles are assembled or packaged
in quantity.
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]
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.
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.
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.
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.
A building primarily used for the service and/or repair of
motor vehicles, including body repairs.
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.
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.
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.
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.
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.
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.
Any lot whose area and/or dimensions do not conform to the
requirements of the Zoning District in which it is located.
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.
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.
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.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals and nursing care for hire.
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.
The newspaper or newspapers designated by the Town Board
for the publication of official notices of meetings and public hearings.
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.
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.
Any lot or portion thereof designed or used for the purpose
of commercial parking.
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.
A subdivision map or plan approved by the Planning Board pursuant to the Town of Copake Subdivision Regulations. See Ch. 197, Subdivision of Land.
That portion of a driveway contiguous to a road where vehicles
stop before entering the road from the driveway.
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.
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.
Domesticated or wild game birds raised for human consumption,
but not including ostriches or other ratites.
An enclosed farm building where poultry or rabbits are killed
and prepared for sale for human consumption.
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.
An outdoor wood boiler that was purchased and installed prior
to December 31, 2010.
A lot, together with all the buildings and uses thereon.
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.
The main use of a lot or structure.
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.
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.
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]
The land area that replenishes underground water reserves.
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.
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.
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.
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.
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.
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.
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:
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.
An establishment where food and beverages are prepared, served
and consumed, mostly within the principal building.
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.
The narrow crest or horizontal line of hills or mountains,
usually at the highest elevation.
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.
The distance along a street line measured at the front of
an abutting lot.
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.
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.
Multifamily housing designed for people 55 or older. This
includes continuing care communities and retirement communities.
An underground or other system with a tank used for the decomposition
of domestic wastes. Also known as an "on-site wastewater disposal
system."
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).
A business rendering a service only, such as a barbershop,
repair shop, etc.
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.
An accessory structure or building up to 192 square feet
in size used primarily for storage purposes.
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]
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]
A paved, surfaced, or leveled area, paralleling and usually
separated from the traveled way and used as a pedestrian walkway.
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.
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.
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.
A sign which directs attention to a business or profession
conducted on the premises.
A sign which incorporates any artificial lighting as an inherent
part or feature.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
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.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
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.
Conceptual maps, renderings, and supportive data describing
the project proposed by the applicant for the initial review.
Brightness of the night sky as a result of artificial light
which is emitted upward by luminaires.[5]
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.
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]
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.
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.
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.
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.
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.
A photovoltaic device for the direct conversion of solar
energy into electrical energy.
A system that directly heats water or other liquid using
sunlight.
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.
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.
Land areas where the slope exceeds 15%.
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.
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."
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The part of a building comprised between a floor and the
floor or roof next above it. (See "attic," "basement" and "cellar.")
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.
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]
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]
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.
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.
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.
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.
The width of the right-of-way, or the distance between property
lines on opposite sides of a street.
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.
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).
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.
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]
A cleared way for pedestrians, horses, and/or bicycles that
may or may not be improved with paving or other surfacing.
Occupancy, or the right to occupancy, of not more than 29
consecutive days.
[Amended 12-28-2023 by L.L. No. 11-2023]
The New York State Uniform Fire Prevention and Building Code. See Chapter 129, Fire Prevention and Building Construction.
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.
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.
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.
The Table of Use Regulations included in this chapter in accordance with § 232-7.
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.
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.
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.
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.
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use.
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.
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.
A permanent or intermittent channel or stream or other body
of water, either natural or man-made, which gathers or carries surface
water.
The area which is a drainage basin for a particular freshwater
body.
Lands and submerged lands commonly called marshes, swamps,
sloughs, bogs, and flats supporting aquatic or semiaquatic vegetation.
A business or service primarily consisting of multiunit transactions
with other commercial entities and not open to the general public.
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.
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.
The support structure to which a nacelle and rotor blade
are attached.
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.
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.
See BREWERY/DISTILLERY/WINERY.
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.
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.
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.
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.
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).
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.
