Definitions.
ACCESSORY MANUFACTURE OF ASPHALTIC PRODUCTS
The manufacture of bituminous or asphaltic paving products
located on a site utilized for mining, provided that aggregate from
the mining site is used in the production process. Such accessory
manufacture must be subordinate to, and exist in conjunction with,
extraction of natural resources for commercial purposes where permitted
under this chapter.
ACTION
A project or physical activity as defined in the SEQR regulations
of the New York State Department of Environmental Conservation, 6
NYCRR Part 617, including all actions subject to SEQR that are covered
by this chapter, as well as subdivision applications and other actions
requiring local government approval under SEQR.
ADJUSTED MEDIAN FAMILY INCOME
The United States Department of Housing and Urban Development's
(HUD) median family income limits for the Poughkeepsie-Newburgh-Middletown
Metropolitan Service Area, as adjusted depending on number of persons
in a family.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless
dancers, strippers, male or female impersonators, exotic dancers or
other similar entertainment.
AFFORDABLE HOUSING
Residential units available for:
(1)
A sales price within the means, as hereafter provided, of a
household income which is 100% or less of the adjusted median family
income; or
(2)
A rental price within the means, as hereafter provided, of a
household income which is 80% or less of the adjusted median family
income.
ALTER
To change or rearrange the structural parts of the existing
facilities of a structure, or to move a building from one location
or position to another on the same lot.
ALTERATION
Any change, construction, reconstruction, covering over,
or removal, of a regulated historical structure or site or exterior
architectural feature(s) thereof. Alteration shall not include routine
maintenance or repair of a regulated historical structure or site
required by normal wear and tear with the same materials unless such
maintenance would result in a change in the architectural integrity
of the structure. Interior alterations of historical structures that
do not affect the exterior architectural features of the regulated
structure are not regulated.
[Added 10-20-2021 by L.L.
No. 6-2021]
ANIMAL HOSPITAL
A place operated by a licensed practitioner of veterinary
medicine for the medical and surgical treatment by a licensed practitioner
of veterinary medicine of domestic or companion animals, such as but
not limited to horses, dogs, cats, birds and similar animals, and
including the secondary function of boarding of such animals, for
a period not to exceed the recovery period at any one time, in connection
with primary medical and/or surgical care.
APARTMENT
(1)
(General) A dwelling unit, whether intended for tenant or owner
occupancy, within any two-family or multifamily dwelling or structure.
(2)
(As differentiated from a dwelling unit in a garden apartment,
townhouse or row house) A dwelling unit, whether intended for tenant
or owner occupancy, having entrance facilities or arrangements which
are common to those of another dwelling unit or units within the same
dwelling or structure, such as a common vestibule, foyer, lobby or
corridor.
APARTMENT, ACCESSORY
A dwelling unit in a one- or two-story single-family residence,
which occupies less than 50% of the total living space and has its
own separate entrance from the out-of-doors.
APARTMENT, GARDEN
A dwelling unit in a one- or two-story multifamily dwelling
in which each dwelling unit has its own separate entrance from the
out-of-doors.
AQUIFER
A consolidated or unconsolidated geologic formation, group
of formations or part of a formation capable of yielding a significant
or economically useful amount of groundwater to wells, springs or
infiltration galleries.
ARTS AND CRAFTS OCCUPATION
Any use involving the individual creation, fabrication, storing
and/or retail sale of articles, lessons or instruction considered
by the Board of Appeals to be of an artistic nature, including drama,
music, painting, pottery and sculpture studios, furniture, woodworking
and ornamental iron shops.
AS OF RIGHT
See "use, permitted."
[Added 7-14-2021 by L.L.
No. 3-2021]
ASPHALT PLANT
The equipment utilized for the production of bituminous or
asphaltic paving products.
AWNING
Any nonrigid material, such as fabric or flexible plastic,
that is supported by a frame that is attached to an exterior wall.
BASEMENT
That portion of a building wholly or partly underground which
extends no more than five feet above the adjoining finished grade.
BEDROOM
Any room which might, in the judgment of the Planning Board
or Zoning Administrator, be used or be altered by minor modifications
to be used as a sleeping room.
BILLBOARD
An off-premises, free standing sign which is leased or rented
for profit. Also see "off-premises sign."
BOARDER
Person(s) occupying a rooming or boarding house, hotel, or
group dwelling. For the purposes of this chapter, a boarder shall
not be construed to be a person requiring psychiatric supervision
and/or attention in an outpatient status.
BOARDING HOUSE
A dwelling occupied by one family with three or more boarders,
roomers or lodgers in the same household who are lodged with or without
meals, in which there are provided such services as are incidental
to its use as a temporary residence for part of the occupants and
for which compensation is paid, either directly or indirectly. The
term "boarding house" shall include "rooming house," "tourist house"
and "lodging house," but not "foster home" or "halfway house" for
the purpose of this chapter.
BOAT CLUB
An organization, whether public or private, with boating
facilities catering principally to its members and their guests for
recreational and social purposes.
BOAT REPAIR FACILITY
A building or buildings utilized for the maintenance and
repair of boats, marine engines and other marine equipment.
BUILDING
Any structure having a roof supported by columns or similar
supports or by walls and intended for the shelter, housing or enclosure
of persons, animals or chattel.
BUILDING AREA
Total of areas taken on a horizontal plane at the main grade
level of principal buildings and all accessory buildings, exclusive
of uncovered porches, parapets, steps and terraces.
BUILDING COVERAGE
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
BUILDING HEIGHT
The vertical distance to the level of the highest point of
the roof if the roof is flat, or to the mean level between the eaves
and the highest point of the roof if the roof is of any other type,
measured as follows:
(1)
If the building adjoins the front property line or is not more
than 10 feet distant therefrom, measured at the center of the front
wall of the building from the established grade of the curb; or if
no grade has been officially established and no curb exists, measured
from the average level of the finished ground surface across the front
of the building.
(2)
If the building is more than 10 feet from the front property
line, measured from the average level of the finished grade adjacent
to the exterior walls of the building. Where the finished grade surface
is made by filling, the level of such finished grade, for the purpose
of this definition, shall not be deemed to be more than three feet
above the established grade of the curb.
(3)
If the building is more than 75 feet from the property line,
measured from the average level of the finished grade adjacent to
the exterior walls of the building regardless of the character of
the finished grade surface.
(4)
When a lot fronts on two or more streets of different levels,
the lower street or the average elevation of the lot with regard to
the abutting streets may be taken as the base for measuring the height
of the building.
BUILDING LENGTH
The horizontal distance of the front wall of a principal
or accessory building on a lot which runs between each side wall,
measured along the building centerline.
BUILDING SETBACK LINE
A line indicating the minimum horizontal distance permitted
between the outside line of the main building or any enclosed projection
thereof and a street right-of-way line.
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot and the height of which
does not exceed 20 feet.
BUILDING, MAIN
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUNGALOW
A one-story dwelling unit, having a minimum floor area of
600 square feet and a maximum floor area of 1,000 square feet, designed,
intended and usable only for seasonal occupancy.
CAMP
Any area of land, or land and water, including any building,
tents, shelters or other accommodations suitable for temporary or
seasonal living purposes, and any dwelling units occupied by the owner,
caretaker or superintendent.
CAMP, DAY
Any camp, as defined in this chapter, offering day care or
instruction for adults or children.
CERTIFICATE OF APPROPRIATENESS
A permit issued by the Planning Board pursuant to historic
structures and sites regulations to authorize alteration, demolition
or new construction of a regulated historic structure or site.
[Added 10-20-2021 by L.L.
No. 6-2021]
CERTIFICATE OF HARDSHIP
A certificate issued by the Planning Board pursuant to historic
structures and sites regulations allowing relief from a denial of
a certificate of appropriateness as a method of authorizing the alteration,
demolition or new construction of a regulated historic structure or
site based on the grounds of hardship.
[Added 10-20-2021 by L.L.
No. 6-2021]
CHANGEABLE SIGN
A sign with the capability of content change by means of
manual or remote input.
CLUB
A voluntary organization not conducted for gain, with the
facilities catering principally to members and to their guests for
recreational, athletic or social purposes.
CO-LOCATION
The addition of commercial communications equipment to any
existing or approved telecommunications tower or tall structure by
any persons, corporations, firms, associations or entities.
COMMERCIAL VEHICLE
Any vehicle for which the New York State Department of Motor
Vehicles requires a commercial registration or that is used directly
as part of a commercial enterprise.
COMMUNITY WATER SYSTEM
A public water system regulated by the New York State Department
of Health that serves at least five service connections used by year-round
residents or regularly serves at least 25 year-round residents.
COMPLETE STREETS
Streets that are designed, built and operated to enable safe
access for all users, in that pedestrians, bicyclists, motorists and
public transportation users of all ages and abilities are able to
safely move along and across the street right-of-way.
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
As defined by the Resource Conservation and Recovery Act
and amendments thereto, sites generating or storing less than 100
kilograms per month and 1,000 kilograms of listed and/or characteristic
wastes, respectively, and generating and storing less than one kilogram
per month and one kilogram of acutely hazardous waste, respectively.
CONDOMINIUM
A dwelling unit or group of units wherein, by special arrangement
under applicable laws, individual units are owned in fee by individual
parties and certain common areas are in the ownership and responsibility
of an association consisting of and controlled by the various unit
owners as prescribed by those laws.
CONGREGATE CARE FACILITY
Assisted group living for senior citizens, 55 years of age
or older, that provides core services to them which may include, but
not necessarily be limited to, communal food services, general housekeeping,
recreational and social services, etc., while at the same time permits
flexibility to the senior citizen by allowing him or her to live in
and maintain an individual housing unit.
CONSTRUCTION TRAILER
Any temporary structure, vehicle or trailer suitable for
use as a construction office or for the purposes of facilitating improvement
of property.
CONSUMPTION OF WATER
The net loss of water from a watershed through evaporation
and transpiration processes caused by any human activities and associated
land uses, other than open space uses, including evaporative losses
from septic system leaching lines. The definition of "consumption
of water" includes the use of water in diluting wastewater discharges
so that groundwater quality at the property line downgradient from
the discharge will be 50% or less of the New York State Department
of Environmental Conservation's Title 10, Part 703, Groundwater (GA)
Water Standards, i.e., the DEC's groundwater contamination standards.
CONVALESCENT HOME or NURSING HOME
Any establishment where three or more persons suffering from
or afflicted with or convalescing from any infirmity, disease or ailment
are habitually kept or boarded or housed for remuneration, other than
municipal or incorporated hospitals and establishments licensed by
the State Commissioner of Mental Hygiene and maternity homes licensed
by the State Commissioner of Health.
COOPERATIVE
A dwelling unit or group of units wherein individual parties
enjoy rights of tenancy in designated units by owning controlling
shares in a corporation which has title to the premises and responsibility
for its maintenance and operation.
DAY-CARE CENTER
An establishment for providing care for children or adults
operated in accordance with the Social Services Law of the State of
New York.
DECIBEL
A unit of measurement of intensity of sound (the sound-pressure
level).
DEMOLITION
The act of pulling down, destroying, removing, moving, relocating,
razing, or altering beyond recognition a regulated historic structure
or portion thereof, or improvements or structures located at a historic
site or commencing the work of total or substantial destruction with
the intent of completing same, including removal of a structure.
[Added 10-20-2021 by L.L.
No. 6-2021]
DENSITY UNIT
The numerical indicator represented by the existence of a
typical bedroom in any dwelling or residential complex in order to
evaluate the approximate degree of community impact deriving from
population factors. The density unit count (or total) for any dwelling
unit or aggregation of dwelling units shall be equal to the total
number of bedrooms as defined herein.
DEPOSIT
Includes fill, place or dump.
DESIGNED MULTIPLE-USE DEVELOPMENT
A group or combination of one or more of the following: residential
dwellings, business and/or office space, all constructed as a unified
project under a general land use and development plan and in accordance
with the requirements of this chapter.
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping of substances or materials into the waters of the state
or onto lands from which the discharged substances or materials might
flow or drain into said waters, or into waters outside the jurisdiction
of the state, when damage may result to the lands, waters, or natural
resources within the jurisdiction of the state.
DRIVE-THROUGH
A use that provides a drive-through lane which permits a
person to receive a product or service or transact business from any
portion of a building without leaving their vehicle. This definition
does not include car washes, gasoline stations, and automobile service
stations.
DUMP
A lot or parcel of land or part thereof used primarily for
the disposal, by abandonment, dumping, burial, burning or any other
means and for whatever purpose, of garbage, sewage, trash, refuse,
junk, discarded machinery, vehicles or parts thereof or waste material
of any kind.
DUPLEX
A two-family dwelling or two semidetached dwellings.
DUST
Solid particulate matter capable of being air- or gasborne.
DWELLING
A detached building designed or used exclusively as living
quarters for one or more families; the term shall not be deemed to
include automobile court, motel, boarding- or rooming house, mobile
home, trailer or tent.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
DWELLING UNIT, ATTACHED
A dwelling unit having common walls, floors or ceilings with
another dwelling unit in a two-family or multifamily dwelling.
DWELLING UNIT, DETACHED
A dwelling unit having no common walls, floors, ceilings
or other structural elements with any other dwelling unit; a one-family
dwelling.
DWELLING UNIT, ONE-FAMILY, EXTENDED
A dwelling unit that is occupied by an extended family and
where all facilities are available for common usage regardless of
their location in the dwelling unit.
DWELLING UNIT, SEMIDETACHED
A dwelling unit whose attachment with another unit is by
common wall or by a breezeway, porch or carport which is enclosed
and roofed. For the purposes of this definition, "enclosed" shall
mean that the breezeway, porch or carport is constructed in such a
manner that at least two sides are protected from the elements by
means of construction with such materials as vinyl siding, aluminum
siding, glass panels or windows, vinyl or aluminum screening, wood
or metal framing, sheathing or siding.
EMERGENCY DEMOLITION
A demolition authorized pursuant to the New York State Uniform Building Code, or pursuant to the Code of the Town of Fishkill Chapter
50, Building Construction Administration, or Chapter
74, Fire Prevention, when, after inspection, it is determined by the Building Inspector or other authorized official, after consultation with the Town Engineer, that a regulated historic structure, or structures on a historic site, pose an imminent threat to the health or safety of the community that cannot be adequately mitigated and that immediate demolition is necessary to protect public health and safety.
[Added 10-20-2021 by L.L.
No. 6-2021]
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, general design, and general arrangement
of the exterior of any regulated historic structure, including but
not limited to the kind and texture of the siding and other building
materials and the type and style of the trim, doors, windows, steps,
entryways, and other architectural features, but shall not include
the kind and color of paint and light fixtures on any regulated structure.
[Added 10-20-2021 by L.L.
No. 6-2021]
FAMILY
One individual or a group of related individuals or not more
than four unrelated individuals living in and sharing the facilities
of a dwelling unit.
FAMILY, ELDERLY
An elderly family shall consist of:
(1)
A single person 55 years of age or older;
(2)
Two or three persons, all of whom are 55 years of age or older;
(3)
A married couple, the husband or wife of which is 55 years of
age or older;
(4)
One child residing with a parent who is 55 years of age or older,
provided that said child is over the age of 18;
(5)
The surviving spouse of a person 55 years of age or older, provided
that the surviving spouse was duly registered as a resident of the
development at the time of the elderly person's death; or
(6)
One adult 18 years of age or older residing with a person who
is 55 years of age or older, provided that said adult is essential
to the long-term care of the elderly person as certified by a physician
duly licensed in New York State.
FAMILY, EXTENDED
A group of related individuals, usually representing more
than two generations, and/or a group of unrelated individuals living
in and sharing the facilities of a dwelling unit.
FARM USE
The use of a parcel of land, either as a principal or accessory
use, for the purpose of producing agricultural, horticultural, floricultural,
vegetable and fruit products of the soil, livestock and meats, poultry,
eggs, dairy products, nuts, honey, wool and hides, but not including
the breeding, raising or maintaining of fur-bearing animals, piggeries,
abattoirs, riding academies, livery stables or commercial kennels.
FAST-FOOD ESTABLISHMENT
A business enterprise primarily engaged in the retail sale
of food and beverages served in disposable containers and selected
by patrons from a limited number of prepared, specialized items for
consumption either on or off the premises, in a facility where food
is paid for at a walk-up counter or drive-by window prior to consumption,
and which does not provide table service.
FILED MAP
Any map or plat filed in the County Clerk's office of Dutchess
County.
FLOOD
A temporary increase in stream flow or stage that results
in water inundating areas adjacent or near to the usual channel.
FLOOD, 100-YEAR
The highest level of flood that, on the average, is likely
to occur every 100 years, or that which has a 1% chance of occurring
any year.
FLOOR AREA RATIO
The gross floor area in square feet of all buildings on a
lot divided by the gross area of such lot in square feet.
FLOOR AREA, GROSS
The sum of the horizontal areas of the several floors of
a building or buildings, measured to the exterior of the outside wall
of such buildings, but not to include attached or built-in garages,
porches or terraces, basements or unfinished floor area, having a
clear headroom of less than seven feet.
FREESTANDING SIGN
Any sign not attached to or part of any building but permanently
affixed, by any other means, to the ground; included are monument
and post-and-arm signs.
FREQUENCY
The number of oscillations per second of a vibration.
FRONTAGE
The extent of a lot along a street.
GARAGE, PRIVATE
An accessory building or part of a main building, used only
for the permitted storage of motor vehicles as permitted in this chapter.
GARAGE, PUBLIC
A building or part thereof used for the storage, care and
repair of motor vehicles for remuneration and the sale of motor fuels
dispensed from pumps located within the garage building, including
any sale of motor vehicle accessories, or where motor vehicles are
kept for hire or sale.
GASOLINE FILLING STATION
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of motor fuel or motor vehicle
accessories and which may include facilities for lubricating, washing
or other minor servicing of motor vehicles, but not including body
work, major repair or painting thereof by any means.
GRADE, FINISHED
The elevation, at any point along the wall of a building,
of the completed surfaces of lawns, walks and roads adjoining the
wall at that point.
GREENHOUSE
A building used as a conservatory for the growing and protection
of flowers or plants and for the propagation and culture thereof.
GROUNDWATER
Water contained in interconnected pores and fractures in
the saturated zone in an unconfined aquifer or confined aquifer.
HAZARDOUS SUBSTANCE
Any substance, including any petroleum by-product, which
may cause harm to humans or the environment when improperly managed.
A complete list of all hazardous substances except for petroleum by-products
can be found in 6 NYCRR Part 597.2(b), Tables 1 and 2, and amendments
thereto.
HAZARDOUS WASTE
See 6 NYCRR Part 371 and amendments thereto for the identification
and listing of hazardous wastes.
HERBICIDE
Any substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any weed, and being those substances defined
as herbicides pursuant to Environmental Conservation Law § 33-0101,
and amendments thereto.
HOME OCCUPATION
An accessory use of a service character carried on by the
residents of the premises, which use is clearly incidental and secondary
to the use of the dwelling for dwelling purposes, does not change
the character thereof, does not have any exterior evidence of such
secondary use other than a permitted nameplate and does not involve
merchandising, trade or the exchanging of commodities by sale. The
conduct of a clinic, hospital, tearoom, animal hospital, funeral home
and stores, trades or businesses of any kind shall not be deemed to
be home occupations.
HOSPITAL
A building for the diagnosis and treatment of human ailments,
including a sanatorium or clinic.
HOTEL
A building, with or without individual kitchen facilities,
occupied by transient guests who are lodged with or without meals,
the rooms of which have primary access from interior public halls,
and in which building or portion thereof there are or may be certain
public rooms or halls for the service of food and drink, with or without
entertainment, and other facilities intended to provide customary
accessory conveniences or services normally incidental to and associated
with such a use.
IMPACT VIBRATION
Earthborne oscillations occurring in discrete pulses at or
less than 100 per minute.
INTERNALLY ILLUMINATED SIGN
A sign lighted by or exposed to artificial lighting that
shines through a plastic or other translucent or transparent covering.
Neon signs and other similar signs are considered internally illuminated.
JUNKYARD
An area of land, with or without buildings, used for the
storage, outside of a completely enclosed building, of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, machinery, unlicensed vehicles or parts
thereof, with or without the dismantling, processing, salvage, sale
or other use or disposition of the same. The deposit or open storage
on a lot of two or more wrecked or broken vehicles or currently unlicensed
vehicles or the major parts of two or more vehicles shall be deemed
to make the lot a junkyard.
KENNEL, COMMERCIAL
An establishment for the care, boarding or breeding of dogs
or cats or similar animals or birdlife (excluding poultry) for a fee.
The term "commercial kennel" shall also include the terms "animal
kennel," "dog kennel," "aviary" or other similar phrase. Kennel excludes
veterinarian.
KENNEL, PRIVATE
The keeping of a total of five or more dogs or cats over
six months of age, but not for commercial purposes.
LARGE QUANTITY GENERATOR
As defined by the Resource Conservation and Recovery Act
and amendments thereto, sites generating more than 1,000 kilograms
per month of listed and/or characteristic hazardous wastes, or generating
or storing more than one kilogram per month and one kilogram of acutely
hazardous waste, respectively.
LIGHTING
External white light used to illuminate a sign.
LIVING SPACE
The areas of a residence that are commonly used for the routines
of daily living and which shall contain one or more rooms with provisions
for living, cooking, sanitary and sleeping facilities, arranged for
the use of one family.
LOADING SPACE
An off-street space available for the loading or unloading of goods in compliance with the requirements specified in Article
XVII of this chapter.
LOT
A parcel of land, not divided by streets and having its principal
frontage on a street or on such other means of access as may be deemed
in accordance with the provisions of law to be suitable as a condition
of the issuance of a building permit on the lot.
LOT AREA
The total horizontal area included within lot boundaries.
LOT AREA, GROSS
The total area of a legally created parcel including all
private street and other easements where the underlying property is
held in fee title.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT LINE
A property line bounding a lot as defined herein.
LOT LINE ADJUSTMENT
Process used to change property lines of existing parcels.
(Also, lot line change).
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line
separating the lot from the street; in the case of any other lot,
the owner may elect any lot line abutting a street as the front lot
line.
LOT LINE, REAR
The lot line which is generally opposite the front line.
If the rear lot line is less than 10 feet in length or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be the line parallel to the front line not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
LOT WIDTH
The distance between the side lot lines measured along a
line which is parallel to the street right-of-way line and at a location
which a halfway between the front and rear lot lines. In the case
of a lot which derives its frontage and access by means of an access
strip connecting the street and the main portion of the lot, for the
purposes of measuring lot width, the front lot line shall be considered
that lot line (excluding the lot line along the street) which is closest
and most parallel to the street right-of-way line.
LOT, CORNER
A lot situated at the junction of and fronting on intersecting
streets.
MARINA
A dock or structure, accessible to the public, offering secure
moorings for boats and other marine vessels.
MARITIME CENTER
A building or group of buildings, open to the public, devoted
to the study and/or exhibition of marinerelated activities, aquatic
resources, commerce of the sea or navigation.
MARKET-RATE UNIT
A residential unit or property available for sale or rent
at a price determined by the open free market.
MEDICAL OR DENTAL CLINIC
A facility organized and operated for the primary purpose
of providing health services in more than one medical or dental specialty
for outpatient medical or dental care of the sick or injured, including
related facilities such as laboratories and other service facilities
operated in connection with the clinic. This shall not include facilities
for the treatment of animals.
MENU BOARD
A sign listing menu items as part of a drive-through service
facility.
[Added 7-14-2021 by L.L.
No. 3-2021]
MIXED-USE
Development that includes two or more functionally or physically
integrated uses at a building, site, or neighborhood scale.
MOBILE HOME
Any vehicle or similar portable structure with or without
a foundation of wheels, jacks, skirtings, wood or masonry block supports,
designed or constructed to be towed, driven or otherwise transported
to its resting site and which is further designed to permit occupancy
for dwelling or sleeping purposes. The term "mobile home" shall include
the terms "house trailer" and "trailer" or other similar phrase.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes occupied
for dwelling or sleeping purposes are or can be located, regardless
of whether or not a charge is made for such accommodation. The term
"mobile home park" shall include the terms "house trailer park," "mobile
home trailer park," "trailer camp" or other similar phrase.
MODULAR HOUSING
Housing which is one or more stories in design, is delivered
to the resting site in two or more modules and is removed from the
metal framework upon which it was transported and then assembled into
one unit. Construction of modular housing will be treated the same
as all other site build applications as per Town of Fishkill Building
Code.
MONUMENT SIGN
A freestanding sign either with a base affixed to the ground
or mounted on short poles no greater than two feet high.
MOTEL
A series of attached, semidetached or detached units, with
or without individual kitchen facilities, having a private outside
entrance for each unit, provided with an automobile parking space
convenient to each unit and providing lodging with or without meals
and other incidental services for a transient clientele. The term
"motel" shall include the terms "automobile court" and "tourist court"
or other similar phrase.
NATURAL RECHARGE
The normal rate at which precipitation enters the subsurface
to replenish groundwater in aquifers, without interruption or augmentation
by human actions or landscape modifications.
NATURAL RESOURCES
Rock, sand, gravel, stone or aggregate located on or below
the surface of the earth.
NEW CONSTRUCTION
The erection or installation of any new structure that requires a building permit pursuant to Chapter
50 of the Town Code.
[Added 10-20-2021 by L.L.
No. 6-2021]
NONCOMMERCIAL SIGN
A sign containing copy which does not promote a business,
commodity, service, or entertainment.
NONCONFORMING SIGN
A sign of a size or type not permitted in the district in
which it is situated or which is improperly located or which is nonconforming
in any other way.
NONCONFORMING USE
A use of a structure or of land that does not conform to
the regulations as to use in the district in which it is located.
NONPOINT DISCHARGE
Discharges of pollutants not subject to SPDES (State Pollutant
Discharge Elimination System) permit requirements.
NURSERY
A place where young trees or other plants are raised for
transplanting or for sale on the premises.
OCTAVE BAND
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
OCTAVE BAND FILTER
An instrument, standardized by the American Standards Association,
used in conjunction with a soundlevel meter to take measurements in
specific octave bands.
OFFICE
The use of a structure, a room, a group of rooms, or building
or part of a building used for conducting the administrative affairs
of a business, profession, service, industry, or government.
[Added 7-14-2021 by L.L.
No. 3-2021]
OFF-PREMISES SIGN
A sign which promotes products, services or activities conducted,
sold or offered somewhere other than upon the same premises where
the sign is located.
OFFICIAL MAP
A map adopted by the Town Board, showing streets, highways
and parks already laid out, adopted and established by law. Drainage
systems may also be shown on this map.
OPEN LAND
Unoccupied land not specifically designated as a building
lot.
OPEN LAND, PUBLIC
Unoccupied publicly owned land which may include walkways
and paths, a public promenade or a public boat launch.
PARKING AREA
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto.
PARKING SPACE
An off-street space available for the parking of one motor vehicle on a transient basis and complying with the requirements specified in Article
XIII of this chapter.
PARTICULATE MATTER
Any finely divided liquid or solid matter, including smoke,
capable of being air- or gasborne.
PAVEMENT
A uniform thickness of material laid over a soil base, to
provide a traveling or parking surface for wheeled vehicles, a walkway
for pedestrian traffic or a surface for a patio or other similar paved
area. Pavement may be composed of concrete, asphalt, brick, cobblestone,
crushed stone, washed gravel or other similar material. Areas that
are paved with crushed stone, washed gravel or similar materials that
are porous to the flow of water shall not be included as paved area
when calculating maximum allowable lot coverage in any given zoning
district.
PESTICIDE
Any substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any pest, and any substances intended
for use as a plant regulator, defoliant or desiccant, and being those.
PETROLEUM
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil
mixed with other waste, crude oil, gasoline and kerosene, as defined
in 6 NYCRR Part 597.1(7) and amendments thereto.
POINT SOURCE DISCHARGE
Pollutants discharged from a point source as defined in Environmental
Conservation Law § 17-0105 and amendments thereto.
POLLUTANT
Any material or by-product determined or suspected to be
hazardous to human health or the environment.
PORCH
A roofed structure projecting out from the wall or walls
of a main structure and which may be open to the weather.
PORTABLE SIGN
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not permanently affixed to the ground,
a building, structure or another sign. Included are signs displayed
on a parked or moving vehicle or trailer or other vehicle where the
primary purpose of the vehicle is to promote a product, service business,
or other activity. This definition includes a vehicle hanging or displaying
a banner sign whose primary purpose is for advertising. This does
not apply to signs or lettering on buses, taxis or vehicles operating
during the normal course of business.
POST-AND-ARM SIGN
A freestanding sign comprised of a vertical post to which
a perpendicular arm is attached and from which the sign hangs.
POSTER
A sign affixed to trees, other natural vegetation, rocks
or utility poles.
PRIMARY SIGN
An establishment's principal sign, i.e., the sign which identifies
the business to passersby.
PRINCIPAL FACADE
The face of a building which contains the primary entrance
to the establishment.
PROJECTING SIGN
A sign attached to a building wall or structure that projects
horizontally or at a right angle more than nine inches from the face
of the building. Such signs shall be securely anchored and shall not
swing or move in any manner.
PUBLIC RIGHT-OF-WAY
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, lane, concourse, tunnel,
waterway, public grounds or waters, alley, court, boulevard, sidewalk,
parkway, way, lane, public way, drive, circle, or other public right-of-way,
including, but not limited to, public utility easements, dedicated
utility strips or right-of-way dedicated for compatible uses, any
other public property or place belonging to the Town or any special
districts of the Town as the same now exists or may hereafter be extended
or altered, and any temporary or permanent fixtures or improvements
located thereon now or hereafter held by the Town which shall entitle
the Town to the use thereof. "Public rights-of-way" shall also mean
any easement now or hereafter held by the Town for the purpose of
public travel, or for utility or public service use dedicated for
compatible uses and shall include other easements or public rights-of-way
as shall within their proper use and meaning entitle the Town to the
use thereof.
[Added 7-14-2021 by L.L.
No. 3-2021]
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
REGULATED STRUCTURE OR SITE
A historic or archaeologically sensitive structure or site
or structure complexes, including structural remains that are:
[Added 10-20-2021 by L.L.
No. 6-2021]
(1)
Listed on, or deemed eligible to be listed on, the State or
National Register of Historic Places by the State Historic Preservation
Office or keeper of the National Register of Historic Places; or identified
in the National Park Service's National Historic Landmarks Program;
or
(2)
Structures that are locally designated as historically significant
by the Town Board of the Town of Fishkill, as depicted on the Historic
Resources Map, as may be amended from time to time; or
(3)
A site or parcel identified as a historic site, a former cemetery
or burial site, a potential archaeological site, a site identified
in the New York State Historic Preservation Office (SHPO) archaeological
site inventory, or a site that is "located in or adjacent to an area
designated as sensitive for archaeological sites on the New York State
Historic Preservation Office (SHPO) archaeological site inventory."
REMOVAL OF A STRUCTURE
A type of demolition that involves relocation of a regulated
historic structure or portion thereof to another location on the same
lot or on another lot.
[Added 10-20-2021 by L.L.
No. 6-2021]
RENTAL PURPOSES
Tenancy, occupancy or use by a nonowner of the premises in
exchange for a rental fee or other consideration. For the purpose
of this definition, a rental agent, building superintendent, employee
or other agent of the owner shall not be considered as an owner in
residence.
RINGELMANN SMOKE CHART
A chart for determining the density of smoke and which is
issued by the Federal Bureau of Mines.
ROOF SIGN
A sign erected on a roof or extending in height above the
main roofline of the building on which the sign is erected.
ROW HOUSE
A dwelling unit, with no other dwelling unit above or below
it, in a two-family or multifamily dwelling where the respective fronts
of individual dwelling units in the same building are discernible
but where there is little or no difference in the architectural treatment
of these fronts. Dwelling units in a row house structure may be owned
by a single party or by separate parties.
SCHOOL, PRIVATE
A kindergarten, primary or secondary school not operated
by a public school district but furnishing a comprehensive curriculum
of academic instruction similar to that of a public school, or a nursery
school specifically designed and used to provide care or instruction
for two or more children under six years of age.
SCHOOL, PUBLIC
An educational institution operated by a public school district
under the laws of the State of New York.
SEASONAL OCCUPANCY
Occupancy which is limited to the period from April 1 to
December 1, or a portion of that interval, in any calendar year.
SECONDARY SIGN
A sign which communicates accessory information, e.g., hours
of operation, different products sold.
SELF-STORAGE FACILITY
A building or group of buildings, in a controlled-access
compound, containing separate individual self-storage units for rent
or lease restricted solely for the temporary storage of goods and
wares. The conduct of sales, business or any activity other than storage
within the individual storage units is not permitted.
SETBACK
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
from the property line.
SIGN
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter displaying an advertisement, announcement,
notice or name, and including any declaration, demonstration, display,
representation, illustration or insignia used to advertise or promote
the interests of any person or business or cause when such is placed
in view of the general public.
SIGN AREA
Includes all faces of a sign measured as follows:
(1)
When any sign is framed or outlined, all of the area of the
frame or outline shall be included;
(2)
Sign measurement shall be based upon the entire area of the
sign with a single continuous perimeter enclosing the extreme limits
of the actual sign surface, not including structural supports if they
are not used for advertising purposes;
(3)
The area of a sign consisting of an insignia or other device,
but without background, shall be calculated as the smallest polygon
or circle possible enclosing the insignia;
(4)
The area of a window sign consisting only of letters and symbols
affixed or painted on glass shall be calculated as the smallest polygon
or circle possible enclosing all of the letters and symbols.
SIGN HEIGHT
The height of a freestanding sign shall be measured vertically
from the established average grade below the sign or entry level of
the building or structure, whichever is lower, to the highest point
of the sign, including support structures. Elevation added by artificial
beams, mounds or similar forms shall be excluded from the calculation
of average grade.
SITE
An area defined and approved by the Planning Board, comprising
a portion of a lot or encompassing a lot as defined herein, which
may be approved by the Planning Board as an integral or functional
portion of said lot and which may be devoted, for example, to a structure
or other land use and its related parking, landscaping, yards, drainage
and other features considered appropriate by the Planning Board. The
term "site" shall include the terms "parcel" and "tract" or may differ
therefrom in specific instances as defined by the Planning Board.
SLIP
A boat berth between two piers; may also refer to indoor
storage and mooring.
SMALL QUANTITY GENERATOR
As defined by the Resource Conservation and Recovery Act
and amendments thereto, sites not meeting conditionally exempt small
quantity generator status but which generate and store less than 1,000
kilograms per month and 6,000 kilograms of listed and/or characteristic
wastes, respectively, and generating and storing less than one kilogram
per month and one kilogram of acutely hazardous waste, respectively.
SMOKE
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
SMOKE UNIT
A measure of the quantity of smoke being discharged, which
is the number obtained by multiplying the smoke density in a Ringelmann
Smoke Chart by the time of emission in minutes. For example, the emission
of Ringelmann Smoke Chart No. 1 for one minute equals one smoke unit.
SOLID WASTE
Generally refers to all putrescible and nonputrescible materials
or substances, except domestic sewage, sewage treated through a publicly
owned treatment works, or irrigation return flows, that are discarded
or rejected as being spent or otherwise worthless, including but not
limited to garbage, refuse, industrial and commercial waste, sludges
from air or water treatment facilities, rubbish, tires, ashes, contained
gaseous material, incinerator residue, construction and demolition
debris and discarded automobiles, as defined in 6 NYCRR Part 360-1.2(a)
and amendments thereto.
SOUND-LEVEL METER
An instrument, standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
SPECIAL USE
See "use, special."
[Added 7-14-2021 by L.L.
No. 3-2021]
STABLE, PRIVATE
An accessory building in which horses are kept for use and
not for hire, remuneration or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration,
hire or sale.
STEADY-STATE VIBRATIONS
Continuous earthborne oscillations. Discrete pulses that
occur more than 100 times per minute shall be considered steady-state
vibrations.
STEEP SLOPES
Those areas with an average slope in excess of 20% over a
horizontal distance of 100 feet or more.
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 MANAGEMENT FACILITY
One or a series of stormwater management practices, as defined within Chapter
130, installed, stabilized and operating for the purpose of controlling stormwater runoff. For purposes of this chapter, "stormwater management facility" shall include, but not be limited to, drainage facilities, drainage systems, drainage improvements, drainage easements and drainage discharge points.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between the surface of the floor
and the top of the ceiling beams next above it. A basement shall be
counted as a story if the ceiling is more than five feet above the
average level of the adjoining finished grade or if it is used for
nonaccessory business purposes or for dwelling purposes by other than
a janitor or watchman.
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STREET
An existing state, county or Town highway or a street shown
upon a subdivision plat approved by the Town Planning Board, as provided
by law, or on a plat duly filed and recorded in the office of the
County Clerk prior to the appointment of the Town Planning Board and
the grant to such Board of the power to approve subdivision plats.
STREET LINE
The dividing line between a street and a lot. (See also definition
of "lot line, front.")
STRUCTURAL ALTERATION
Any change in the supporting members of a structure, including
but not limited to bearing walls, retaining walls, columns, beams
or girders.
STRUCTURE
Anything constructed or erected, the use of which requires
location on or under the ground or attachment to something having
location on the ground. "Structure" includes a building.
STUDIO
The use of a structure, a room, a group of rooms, or building
or part of a building used for the individual creation, fabrication,
storing and retail sale of artistically created or handcrafted items,
and lessons or instruction about arts and crafts, including drama,
music, painting, pottery and sculpture, other visual and audible items,
furniture, woodworking, metalwork, and other types of items created
by artists or crafts persons.
[Added 7-14-2021 by L.L.
No. 3-2021]
SUBDIVISION
The division of any parcel or land, regardless of use, into
two or more lots, plots, blocks, sites or parcels, with or without
the creation of new streets, for the purpose, whether immediate or
future, of transfer of ownership or development, and includes resubdivision.
SWIMMING POOL
Any body of water having an artificial bottom and/or sides
and a depth of more than two feet in any point therein.
TALL STRUCTURE
A structure which complies with the requirements of this
chapter and is of sufficient height to be used as a telecommunications
tower. Such structures include but are not limited to water towers,
multistory buildings, church steeples and farm silos.
TATTOO PARLORS
Any establishment or business engaged in tattooing, that
is the marking of the human body with indelible inks or pigments by
means of tattooing, which establishments may also offer body piercing
for ornamental purposes. This definition shall not apply to any medical
procedure performed by a licensed medical professional.
TELECOMMUNICATIONS FACILITIES
Any commercial structures, buildings, sheds, huts, equipment
enclosures, emergency generators, emergency generator buildings and
other such structures used in support of or ancillary use to a telecommunications
tower.
TELECOMMUNICATIONS TOWER
Any structure owned or operated for commercial purposes which
is capable of receiving and/or transmitting signals for the purpose
of communication.
TEMPORARY SIGN
Any sign that is displayed only for a specified period of time as per §
150-43E and is not permanently mounted.
TERRACE
An uncovered flat platform of earth or other natural material,
with or without a surface material or retaining walls. Any such platform
with a roof or awning shall be considered a porch.
THREEPLEX or TRIPLEX
A multifamily dwelling containing three dwelling units or
three semidetached dwelling units.
TOWN OPEN SPACE AND NATURAL RESOURCE INDEX
The Official Town Open Space and Natural Resource Index,
prepared by the Dutchess County Department of Planning in cooperation
with the Fishkill Town Conservation Board, dated 1973 and with revisions
thereto, showing existing watercourses and wetland areas.
TOWNHOUSE
A dwelling unit, with no other dwelling unit above or below
it, in a two-family or multifamily dwelling where the respective fronts
of individual dwelling units in the same building are made discernible
by considerable differences in the architectural treatment of these
fronts. Dwelling units in a townhouse structure may be owned by a
single party or by separate parties.
TOXIC OR NOXIOUS MATTER
Any solid, liquid or gaseous matter, including but not limited
to gases, vapors, dusts, fumes and mists, containing properties which
by chemical means are inherently harmful and likely to destroy life
or impair health or are likely to cause injury to the well-being of
persons or damage to property.
TRANSMISSION LINE
Any line, wire, pipe, duct or similar man-made device or
system which is used or intended to be used for transmitting or conveying
signals, energy or material above, on or under undeveloped land outside
the right-of-way of a public road.
USABLE OPEN SPACE
A portion of the ground area of a lot which is available
and accessible to all occupants of a dwelling unit or dwelling units
on said lot for outdoor recreation use, which area is not devoted
to driveways or parking spaces, is at least 25 feet in minimum dimension
and has no more than 10% of its area with a grade of more than 5%.
USE
The purpose for which land, water or a building or structure
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORY
A use which is customarily incidental and subordinate to
the principal use on a lot and located on the same lot or water area
therewith.
USE, PERMITTED
Any use which is included in the list of permitted uses in
the zoning district in which it is located or proposed to be located.
[Added 7-14-2021 by L.L.
No. 3-2021]
USE, SPECIAL
Any use which is included in the list of uses in the zoning
district in which it is located or proposed to be located, for which
conformance to additional standards may be required to address certain
aspects of a particular use. Conformance to such additional standards
is required so that these particular uses are considered to be special
use permit uses in their respective districts. All such uses are declared
to possess such unique, special, and individual characteristics that
each specific use shall be considered as an individual case.
[Added 7-14-2021 by L.L.
No. 3-2021]
USED CAR LOT
A lot on which two or more used automobiles or parts thereof
are offered for sale.
UTILITY, PRIVATE
A pump or well house or other building accessory to the use
of the main building on the premises, not including a guesthouse or
similar structure.
UTILITY, PUBLIC
An electric unit substation, municipal pump station or water
tower, municipal garage, firehouse, telephone substation.
WALL SIGN
A sign that is painted on or attached directly to the outside
wall of a building, with the face of the sign parallel to the wall
and having a visible edge or border extending not more than nine inches
from the face of the wall.
WASTEWATER
Water discarded into a sewage or sanitary waste system.
WATER SUPPLY
The groundwater resources of the Town or the groundwater
resources used for a particular well or community water system.
WATERCOURSE
Any flow or body of water which contains water or a flow
of water at least six months in the aggregate during the course of
an average year.
WATERSHED
That land area that includes the entire drainage area contributing
water to the Town water supply and which includes the Aquifer Protection
Overlay District.
WELL
Any present or future artificial excavation used as a source
of public or private water supply which derives water from the interstices
of the rocks or soils which it penetrates, including bored wells,
drilled wells, driven wells, infiltration galleries, and trenches
with perforated piping, but excluding ditches or tunnels, used to
convey groundwater to the surface.
WETLAND
(1)
Lands and submerged lands commonly called "marshes," "swamps,"
"bogs" and "flats," whether flooded at all times, flooded only seasonally
or having a water table during at least three consecutive months of
the year within six inches of the ground surface or supporting aquatic
or semiaquatic vegetation of the types listed in § 24-0107,
Subdivision 1(a), of Article 24 of the Environmental Conservation
Law.
(2)
Any area, regardless of size, that meets the definition for
wetlands according to the Federal Clean Water Act and regulations
and using the methodology contained in the Regional Supplement to
the Corps of Engineers Wetland Delineation Manual: Northcentral and
Northeast Region (2012) as revised from time to time.
WINDOW SIGN
A sign visible from a sidewalk, street or other public place,
affixed or painted on glass or other window material.
YARD
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except for permitted accessory uses and structures.
In measuring a yard, as hereinafter provided, the line of a building
shall be deemed to mean a line parallel to the nearest lot line, and
the measurement shall be taken at right angles from the line of the
building, as defined herein, to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
YARD, REQUIRED
That portion of any yard meeting the minimum dimensional
requirements contained in this chapter.
YARD, SIDE
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard,
or, in the absence of either of such yards, to the front or rear lot
line, as the case may be.