Town of Mamakating, NY General Provisions

Words used in the present tense include the future; the singular number shall include the plural, and the plural, the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; and the word "shall" is mandatory and not optional. Words not specifically defined shall have their ordinary dictionary meanings.

Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:

ACCESSORY APARTMENT

A self-contained dwelling unit incorporated within an existing structure originally designed and intended for use by a single family. For purposes of this chapter, an accessory apartment shall be permitted only in a zoning district that permits a two-family dwelling and shall meet all the standards for a two-family dwelling unit contained herein.

ACCESSORY USE OR STRUCTURE

A use or structure subordinate to the principal use on the same lot and serving a purpose customarily incidental to the principal use of the lot.

ADULT/SENIOR HOUSING

Nontransient housing intended to be occupied by at least one individual 55 years and older, and generally no individual under the age of 18, which may include various levels of care, and may consist of a single or combination of uses, such as independent adult housing, adult care facilities, enriched housing, assisted living, or nursing homes, including ancillary health, social and administrative services.

AGRIBUSINESS

A commercial, non-animal, agricultural operation with intensive operational characteristics, including, but not limited to, high water consumption or energy use; employment generating demand for on-site parking; or processes requiring extensive building coverage. Agribusiness may include uses requiring facilities for indoor growing, cooking, dehydrating, refining, packing, warehousing or other treatment of agricultural products. Said definition specifically excludes slaughterhouses, rendering plants or other agricultural operations involving animals. Site plan approval shall be required where the Building Inspector finds that the operational characteristics of an agricultural operation are consistent with the characteristics identified herein.

AGRICULTURAL FARM OPERATION - NON-LIVESTOCK

The land and on-farm buildings, equipment, processing and handling facilities, and practices which contribute to a non-livestock commercial enterprise involving the cultivation and sale of field crops, fruits, vegetables, horticultural specialties, maple sap, Christmas trees or woody biomass.

AGRICULTURAL FARM OPERATIONS - LIVESTOCK

The land and on-farm buildings, equipment, processing and handling facilities, and practices which contribute to a commercial enterprise involving the raising and sale of livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, apiary products or aquacultural products, or other animals raised for their milk, eggs and furs.

AGRICULTURE, HIGH-TECH

Commercial non-livestock agricultural farm operations and specialty horticultural operations involving significant use of mechanical or robotic equipment in the production of product and often conducted within greenhouses or other structures. Also included is the processing and/or packaging of dairy and non-livestock "farm and food products," as defined in Subdivision 2 of § 282 of the Agriculture and Markets Law (defining "farm and food products"). High-tech agriculture specifically includes hydroponics, large-scale greenhouses, indoor growing facilities, and dairies. High-tech agriculture specifically excludes slaughterhouses and animal processing and rendering facilities.

AGRITOURISM

Agriculture-related tours, events and activities used to attract people and promote the sales of farm produce and agricultural production, sale, education and enjoyment of agricultural products grown and manufactured on site or locally. Agritourism includes, but is not limited to, the following defined uses:

(1)

AGRITOURISMFARM MARKET — A permanent structure accessory to an agricultural farm operation or horticultural specialty, operated on a seasonal or year-round basis, that allows for agricultural producers to retail their products and agriculture-related items directly to consumers and enhance income through value-added products, services and activities.

(2)

AGRITOURISMPUBLIC FARM MARKET — A temporary event held indoors or outdoors, operated on a not-for profit basis in the public interest, for the buying or sale of farm and food products.

(3)

AGRITOURISMFARM STAND — A direct farm marketing operation, accessory to an agricultural farm operation or horticultural specialty, without a permanent structure and only offering outdoor shopping on the farm premises. Such an operation is seasonal in nature and features on-farm produce as well as locally produced agricultural products, enhanced agricultural products and handmade crafts.

(4)

AGRITOURISMFARM BREWERY, CIDERY, WINERY OR DISTILLERY — A brewery, cidery, winery or distillery licensed by New York State which is authorized to manufacture New York State labeled wine, beer, cider, mead, or spirits and accessory to an agricultural farm operation. A farm brewery, cidery, winery or distillery must sell products manufactured primarily from farm and food products, as defined in Subdivision 2 of § 282 of the Agriculture and Markets Law (defining "farm and food products") Such use shall meet the special use permit requirements for breweries, cideries, wineries and distilleries in the Town of Mamakating.

(5)

AGRITOURISMFARM-TO-TABLE RESTAURANT — A restaurant, accessory to an agricultural farm operation or horticultural specialty, which prepares and sells products manufactured primarily from farm and food products, as defined in Subdivision 2 of § 282 of the Agriculture and Markets Law (defining "farm and food products") and meeting parking requirements as required for restaurants in § 199-30 of the Code of the Town of Mamakating.

(6)

AGRITOURISMFARM VACATION — Temporary residency on the premises of an agricultural farm operation or horticultural specialty, as defined by Article 25-AA of the NYS Agriculture and Markets Law and within the Town of Mamakating Code, by paying, transient guests, for the purpose of observing or participating in the ongoing activities of an agricultural operation and learning about agricultural life.

AIRPORT or HELIPORT

Any area of land which is used or intended for use for the landing and taking off of aircraft, also any appurtenant areas which are used or intended for use, or other airport buildings and facilities.

ANIMAL HOSPITAL or VETERINARY CLINIC

A facility for the medical care and treatment of animals, including shelters and like facilities, other than animal kennels.

APARTMENT

A type of multifamily dwelling unit that shares at least a ceiling or floor with another dwelling unit and may also share a wall or walls with another dwelling unit.

BED-AND-BREAKFAST

An owner-occupied dwelling designed, used and occupied as a single-family residence, managed by the resident property owner, where overnight lodging is provided to transient visitors in one to five guest bedrooms, up to a maximum of 10 guests, for compensation. This term does not include boardinghouses, motels, hotels, tourist courts, motor lodges, tourist cabins, or similar terms.

BILLBOARD

A sign which directs attention to a business, commodity, service or entertainment conducted, offered or sold elsewhere than on the premises where the sign is located.

BOARDER

Any person who rents a room within a dwelling.

BOARDINGHOUSE

A dwelling where paying guests are provided with meals and lodging for a fee. Boardinghouses are nonconforming uses in the unincorporated Town of Mamakating.

BREWERY

Any place or premises where beer is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards, and storerooms connected therewith or where any part of the process of manufacture of beer is carried on. Such use may include tastings or operate a food or drinking establishment on site.

BUFFER

The ground area of a lot which shall be left in its natural state, or planted, as may be required by the Planning Board. Parking, loading, and storage are not allowed in a buffer area.

BUILDING

A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

BUILDING HEIGHT

The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.

BUILDING, PRINCIPAL

A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the lot on which the same is located.

BULK

The size and shape of buildings, structures and nonbuilding uses; the physical relationship of the exterior walls or construction or their location to plot lines and other buildings or structures or other walls or construction of the same building or structure; and all open spaces required in connection with a building or structure. Bulk regulations include, but are not limited to, regulations dealing with lot area, lot area per dwelling unit, frontage, width, height, depth, required yards, usable open space and the length of buildings in a row.

BUNGALOW COLONY (also TOURIST CABINS AND COTTAGES)

A type of seasonal resort complex consisting of a group of individual, usually one-story, structures where indoor plumbing and kitchen facilities may be provided in each unit. Said facility may also have communal eating and recreational facilities. For purposes of this chapter, existing colonies shall be deemed nonconforming uses. New bungalow colonies are prohibited.

CAMP, DAY

A nonresidential facility providing daytime supervision and activities for children during the summer.

CAMP, SUMMER

One or more temporary or permanent shelters, buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and not arranged or intended for such occupancy except during the period, or part of the period, from May 15 to October 15 in any year. Said facilities may provide recreational and/or other programs offered for the benefit of the occupants.

CEMETERY

Land used for the interment of human remains, including a burial park for earth interments, which may include a mausoleum for vault or crypt interments, operated for a not-for-profit organization.

CLEAR-CUTTING

A method of tree removal where all or substantially all trees two inches and over on a site are removed.

CLUSTER DEVELOPMENT

A subdivision plat or plats in which the bulk requirements of this chapter are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.

COMMERCIAL RECREATION FACILITY

An indoor or outdoor privately run business involving playing fields, courts, arenas, or halls designed to accommodate sports and recreational activities, such as, but not limited to, billiards, bowling, dance halls, driving ranges, batting cages, miniature golf, gymnasiums, health spas, skating rinks, indoor shooting ranges, and tennis courts.

COMMUNITY FACILITIES, EMERGENCY

A building or structure owned and operated by a public or governmental entity whose function includes responding to life- and property-threatening emergencies, such as fire, ambulance or police facilities.

COMMUNITY FACILITIES, NONEMERGENCY

A building or structure owned and operated by a public agency for the purpose of providing activities for administering or providing nonemergency services to the residents of the Town and its villages, including governmental offices, Department of Public Works, libraries, and museums.

COMPOSTING FACILITY

A solid waste management facility used to provide aerobic decomposition of solid organic constituents of solid waste to produce a stable, humus material for use or sale off site.

CONFERENCE CENTER

A building or buildings designed for classes, conferences, seminars, meetings, and similar activities and related accessory uses principally for conference center patrons, such as restaurants, drinking facilities, and recreation facilities. A conference center with overnight accommodations shall be deemed to be a resort.

CONTRACTOR STORAGE YARD

A building or area of land where a person, firm or corporation engaged in the construction business or a related field stores building materials, equipment and supplies used exclusively in his or its business as a contractor.

COUNTRY INN

An owner-occupied dwelling, managed by the property owner, where overnight lodging is provided to transient visitors in one or more guest units, for compensation. Country inns have common sitting and dining areas. A country inn may have a restaurant incorporated into the overall principal building which is open to the general public. Country inns may have limited accessory recreation facilities, e.g., a swimming pool or hiking trail. Country inns may also be used for social events or gatherings, e.g., weddings. This term does not include boardinghouses, hotels, tourist courts, motor lodges, tourist cabins, or similar terms.

DAY-CARE CENTER

A facility, licensed or authorized and regulated by the State of New York Department of Social Services or other state agency having jurisdiction, where care is provided for three or more children away from their own homes for less than 24 hours per day in a facility which is operated for such purposes, for more than five hours per week.

DEVELOPMENT COVERAGE

That percentage of the gross lot area covered by buildings, including accessory buildings, and paved and other installed impervious surfaces.

DEVELOPMENT RIGHTS

Rights permitted to a lot, parcel or area of land under this chapter respecting permissible use and density of improvements executed thereon.

DISTILLERY

Any place where liquor is manufactured for sale, and includes all offices and storerooms connected with any part of the manufacture process. Such use may include tastings or operate a food or drinking establishment on site.

DISTRIBUTION FACILITY

A facility involving the storage and shipment of goods in allotments. This use does not involve the manufacture or sale of goods from the premises.

DUDE RANCH

A horse farm which also maintains lodging for overnight guests, who engage in camping, horseback riding and other recreational activities.

DWELLING

Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except a mobile home or trailer.

(1)

DWELLING, SINGLE-FAMILY DETACHEDA detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit.

(2)

DWELLING, SINGLE-FAMILY ATTACHEDA building containing two or more dwelling units, none of which have common floors or ceilings between units, and which have one party or common wall. Single-family attached dwellings within a building containing two dwellings are commonly referred to as a "duplex." Single-family attached dwellings within a building containing three or more dwelling units are commonly referred to as "townhomes" where such units are located on individual fee-simple lots.

(3)

DWELLING, TWO-FAMILYA detached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

(4)

DWELLING, MULTIFAMILYA building or portion thereof used or designed as a residence for three or more dwelling units, whether arranged as apartments or townhouses on a common lot.

EDUCATION, RESEARCH AND INTERPRETIVE CENTER

A facility operated for a nonprofit organization whose primary purpose is to conduct studies or educate the general public.

EXTRACTIVE OPERATIONS

Any mining, quarrying, excavation or removal of earth products prior to processing for the purpose of sale or other commercial purpose. Earth products include, but are not limited to, topsoil, sand, gravel, clay or stone. The removal of topsoil and land disturbances directly undertaken in connection with the construction of a building for which a building permit has been issued or the development of a site or subdivision in accordance with an approved plan are activities excluded from this definition. Existing DEC-permitted extractive operations are nonconforming uses in Mamakating. New extractive operations are prohibited.

FARM

See "agricultural operations."

GASOLINE FILLING STATION

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline, oil or other fuel for the propulsion of motor vehicles as a principal use or accessory to a use also permitted in the district.

GOLF COURSE VILLA

A style of single-family detached dwelling located adjacent to a golf course.

GROSS FLOOR AREA

The sum of the gross horizontal areas of several floors of the building, excluding basement and attic floors used solely for accessory mechanical equipment. All horizontal dimensions shall be taken from the exterior faces of walls or other outer limits of roofed areas.

GUEST UNIT

Any habitable premises customarily rented for occupancy, including one-, two- and three-bedroom units. A guest unit may be comprised of up to two additional lockout rooms giving the hotel owner/operator the maximum ability to rent to up to three separate or distinct rental groups; provided, however, that the additional lockout rooms shall not result in any additional increase in the total number of bedrooms.

HOME OCCUPATION

Any use customarily conducted entirely within the principal residential structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the principal structure and does not change the character thereof. Home occupations include, but are not limited to, an art studio; dressmaking; music and dance instruction; or single offices of a clergyman, lawyer, physician, dentist, architect, engineer, computer consultant, or accountant.

HORTICULTURAL SPECIALTY

The production of fruits, vegetables, flowers, ornamental trees and landscape plants but not staple crops or livestock. Horticultural specialty may include greenhouses and retail outlets.

HOTEL

A building or portion thereof containing rooms that are used, rented or hired out to be occupied for transient sleeping purposes for compensation, whether the compensation is paid directly or indirectly. No such rooms shall contain individual kitchen or cooking facilities.

HYDRAULIC FRACTURING

A stimulation technique using the introduction of high-pressure volumes of water, liquid mixtures of chemicals and substances, or other gas, liquid, substances, or combination of thereof, into a subsurface carbon-bearing formation to create fractures to increase formation permeability or otherwise enhance the productivity of such formation.

IMPERVIOUS SURFACE

Any ground surface that cannot effectively absorb or infiltrate rainfall.

INDUSTRIAL USE

A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use involving the manufacture, fabrication, processing, reduction, or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof. The term "industrial use" shall also include light industry. The term "industrial use" shall not include the exploration for or extraction of rock, stone, minerals, natural gas and/or petroleum or any other activity prohibited by Chapter 146 of this Code.

JUNKYARDS

Buildings, structures or premises where junk, waste, or discarded or salvaged materials are bought or sold, exchanged, stored, baled, packed, disassembled or handled, including motor vehicle wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment and used motor vehicles in operable condition. New junkyards are prohibited in the Town of Mamakating.

KENNEL

A commercial use in which the principal activity is the temporary boarding and/or breeding of animals, primarily dogs and cats. The keeping of more than four dogs or cats indoors or outdoors shall constitute a kennel for purposes of this chapter. For purposes of this chapter, an animal shelter shall be included within the definition of "kennel."

LABORATORY AND RESEARCH FACILITIES

A building for experimentation in pure or applied research, design, development and production of prototype machines or new products and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products.

LIGHT INDUSTRY

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

LIVESTOCK

Includes, but is not limited to, cattle; sheep; hogs; goats; horses; poultry; ratites, such as ostriches, emus, rheas and kiwis; farmed deer; farmed buffalo; fur-bearing animals; and wool-bearing animals, such as alpacas and llamas. Livestock are used for commercial purposes to produce milk products, eggs, furs or meat.

LOT

A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.

LOT AREA

The computed area contained within the lot lines.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT FRONTAGE

A distance measured along the front lot line.

LOT LINES

The property lines bounding the lot.

(1)

LOT LINE, FRONTThe line separating the lot from a street.

(2)

LOT LINE, REARThe lot line opposite and most distant from the front lot line.

(3)

LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."

(4)

LOT LINE, STREET OR ALLEYA lot line separating the lot from a street or alley.

LOT WIDTH

A distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum front yard requirement.

LOT, CORNER

A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.

LOT, FLAG

A lot having the required lot frontage that does not have the minimum required lot width, measured across the front lot line or across a straight line measured at a point distant from the street line the same distance as the required front yard, but having the required lot width measured at a point somewhere in the interior of the lot.

LOT, THROUGH

A lot abutting upon two or more streets that is not a corner lot.

MARKET, FARMERS

An enclosed facility involved primarily in the retail sale of farm-direct, unprocessed agricultural and horticultural products, including, but not limited to, fruits, vegetables, dairy products, and eggs. A farmers market may also include the sale of limited miscellaneous items, including baked goods and regional gifts and crafts.

MEMBERSHIP CLUB

An association of persons for recreational, athletic, social, literary or similar activities, which association is not conducted for the purpose of pecuniary gain or profit and is organized pursuant to the provisions of the Not-for-Profit Corporation or the Benevolent Order Law of the State of New York and is not a part of, related to or associated with a profit-making venture and which is managed by officers or directors serving without pay and chosen directly by members who form such association.

MICRO-HOME

A single-family detached dwelling of less than 500 square feet, meeting the Residential Building Code of the State of New York for new construction and containing no more than one bedroom and one bathroom.

MOBILE HOME

Any vehicle or similar portable structure having been constructed with wheels (whether or not such wheels have been removed) and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.

MOBILE HOME PARK

Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

MOTEL

An establishment that provides lodging to motorists in rooms that usually have direct access to an open parking area; also referred to as a "motor lodge."

MOTOR VEHICLE

A motor vehicle as defined by § 125 of the NYS Vehicle and Traffic Law.

MOTOR VEHICLE RENTAL/LEASING ESTABLISHMENT

Establishments engaged in the short-term rental or long-term leasing of passenger cars, vans or trucks without drivers.

MOTOR VEHICLE REPAIR GARAGE

A building used for the servicing and repair of motor vehicles, including body work. Such repair work shall be conducted wholly within a completely enclosed building.

MOTOR VEHICLE SALES ESTABLISHMENT

An establishment, including open area and showrooms enclosed within a building, used for the display or sale of new or used motor vehicles, provided that such establishment is a franchised dealer or a factory-owned dealership.

NATURAL GAS

Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.

NATURAL GAS AND/OR EXPLORATION PETROLEUM PRODUCTION WASTES

Any garbage, refuse, cuttings, sludge, flow-back fluids, produced waters or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas and/or petroleum.

NATURAL GAS AND/OR PETROLEUM EXPLORATION

Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons, including prospecting, geophysical and geologic seismic surveying and sampling techniques, which include, but are not limited to, core or rotary drilling or making an excavation in the search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.

NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION MATERIALS

Any solid, semisolid, liquid, semiliquid or gaseous material used in the exploration or extraction of natural gas.

NATURAL GAS AND/OR PETROLEUM EXTRACTION

The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons.

NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES

The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting station or compressor associated with the exploration or extraction of natural gas or petroleum.

NATURAL GAS EXTRACTION WASTE

(1)

Any liquid or solid waste or its constituents that is generated as a result of natural gas extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;

(2)

Leachate from solid wastes associated with natural gas extraction activities;

(3)

Any waste that is generated as a result of or in association with the underground storage of natural gas;

(4)

Any waste that is generated as a result of or in association with liquefied petroleum gas well storage operations; and/or

(5)

Any products or by-products resulting from the treatment, processing, or modification of any of the above wastes.

NONCONFORMING LOT

Any lot lawfully on record on the effective date of this chapter or any amendment thereto which does not meet the minimum lot area and/or lot width or depth requirements of this chapter for the zoning district in which such lot is situated as a result of such enactment or amendment.

NONCONFORMING STRUCTURE

Any structure which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment thereto but which is not in conformance with the dimensional regulations for that zoning district as a result of such enactment or amendment.

NONCONFORMING USE

Any use which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment thereto which does not conform to the district use regulations as a result of such enactment or amendment.

NURSERY, HORTICULTURAL (or COMMERCIAL GREENHOUSE)

A facility involved in the cultivation of ornamental and horticultural products, including, but not limited to, flowers, trees, shrubs, and vines. Activities may also include the retail sale of said products outdoors or in an enclosed facility.

NURSING HOME or CONVALESCENT HOME

Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually 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.

OFFICE

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

OFFICE AND RESEARCH BUSINESS PARK

A tract of land providing for more than one office and/or research building, designed, maintained and operated as a single unit and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities, and landscaping.

OIL EXTRACTION WASTE

(1)

Any liquid or solid waste or its constituents that is generated as a result of oil extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;

(2)

Leachate from solid wastes associated with oil extraction activities; and/or

(3)

Any products or by-products resulting from the treatment, processing, or modification of any of the above wastes.

PARK-AND-RIDE

A parking lot intended to serve as parking for persons utilizing public or private mass transit options, including buses, rideshares, and carpools. Such a facility may have an accessory structure providing ticketing, rest facilities, snack bar, and sundry retail, so long as such uses are subordinate to the principal use of the site for parking.

PATIO HOME

A style of single-family detached dwelling typically designed with an extensive outside deck functioning as an extension of the interior space and an attached garage sometimes representing a major element of the front facade.

PET, HOUSEHOLD

An animal that is customarily kept for company or enjoyment and one that may be properly and safely kept within a dwelling or a residential yard. Pets typically include, but are not limited to, dogs, cats, rabbits, domesticated tropical birds, gerbils, hamsters, and guinea pigs. The raising and breeding of poultry and livestock, including horses, shall be regulated in accordance with § 199-17.

PETROLEUM

Includes oil and crude oil.

PLANNED RESIDENTIAL DEVELOPMENT

A structure or group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas.

PLANNED RESORT COMMUNITY

An area of a minimum contiguous size, as specified by local law, to be planned, developed, operated and maintained as a single entity and containing one or more structures required to accommodate a mix of resort-related uses, which shall include a hotel or lodging structure, and may include a variety of dwelling types, hotels, condo-hotels, motels, lodging, bed-and-breakfasts, country inns, golf courses, edutainment centers, outdoor recreational facilities, wineries, aquariums, movie theaters, convention/conference centers, retail business customarily incidental to the primary use and incorporated into a hotel or lodging structure, riding stables, and associated accessory or support facilities.

POULTRY

Domestic fowl, which shall include, but not be limited to, chickens, turkeys, ducks, geese, pigeons, pheasants, and guinea hens.

POULTRY RAISING, HIGH-DENSITY

A farm, the major occupation of which is the raising of poultry, wherein there is one square foot or less of floor space per bird in those structures housing the poultry.

POULTRY RAISING, LOW-DENSITY

A farm, the major occupation of which is the raising of poultry, wherein there is more than one square foot of floor space per bird in those structures housing the poultry.

PRINCIPAL USE

The primary purpose or function that a lot serves or is intended to serve.

PUBLIC UTILITY

Any person, firm, corporation, or governmental agency duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage treatment, steam, cable television, and telephone, but shall not mean any person or entity that provides wireless telecommunication services to the public.

RADIO TRANSMITTING STATION

A facility for the transmitting of radio broadcasts, including electronic equipment and antennas or towers.

RECEIVING DISTRICT

One or more designated districts to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of such transfer.

RECOVER

Any act or process by which recyclables or reusables are separated from the solid waste stream.

RECYCLABLE

Solid waste that exhibits the potential to be used repeatedly.

RECYCLABLE HANDLING AND RECOVERY FACILITY

A solid waste processing facility, other than collection and transfer vehicles, at which nonputrescible recyclables are separated from the solid waste stream or at which previously separated nonputrescible recyclables are processed.

RESORT

A type of hotel that incorporates indoor and/or outdoor recreational amenities into the overall design and operation of the facility. A resort may also include conference rooms, dining rooms, and other areas for social gatherings.

RESTAURANT

Any premises where food is commercially sold primarily for on-premises consumption to patrons seated at tables and served by a waiter or waitress. Bakeries, pizzerias, delicatessens and similar services shall be considered a restaurant if the food that is sold commercially is also available for any on-premises consumption, regardless of whether served by a waiter or waitress or whether available from a counter-type installation. Where there is no on-premises consumption, bakeries, pizzerias, and delicatessens shall be treated as retail sales establishments for purposes of this chapter.

RESTAURANT, FAST-FOOD

Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, usually served at or from counters in paper, plastic, or other disposable containers, for consumption either within the restaurant building, elsewhere on the premises, for carry-out, or from a drive-in window, for consumption off the premises. "Fast-food restaurant" does not include bakeries or delicatessens.

ROD AND GUN CLUB

A primarily vacant tract of land used by members of a membership club for hunting and fishing. A rod and gun club shall not be interpreted to permit range or clay shooting.

SEASONAL DWELLING

A dwelling shall be deemed seasonal if the dwelling:

(1)

Is identified as a seasonal dwelling on the Assessor's records;

(2)

Does not have a well which produces the quantity and quality of water as required by the New York State Building Code and New York State Health Department Administration Rules and Regulations, 10 NYCRR, Part 5, Appendix 5-B, Standards for Water Wells; or

(3)

Does not have septic which complies with Appendix 75-A, Wastewater Treatment Standards, as promulgated by the NYSDOH.

SENDING DISTRICT

One or more designated districts in which development rights are designated for use in one or more receiving districts.

SERVICE COMMERCIAL USE

Any use which involves work done or duties performed for individuals, business and government establishments.

SETBACK

The shortest horizontal separation distance from the property line or, in the case of shoreline property, from the mean high-water mark to the closest building line of the structure.

SHOPPING CENTER

A building or group of buildings containing a variety of retail and service commercial facilities planned as a whole, occupying a single building lot, with joint use of parking and accessory facilities, and generally controlled by a single management organization.

SIGN

A name, identification, description, display or illustration or any other visual display which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.

SIGN, DIRECTIONAL

A sign indicating the location and direction of premises other than those on which the sign is located.

SIGN, FACADE

A sign attached parallel to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall and building, and which displays only one sign face.

SIGN, FREESTANDING

A sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent of any building or other structure.

SIGN, MONUMENT

A sign affixed to a wall anchored in the ground without the need of a pole for support. Monument signs are typically made from masonry materials such as brick or stone.

SIGN, WINDOW

A sign displayed, affixed or painted on or within any window, windowpane, show window or window screen and which is visible from the exterior of the window.

SMALL-SCALE FARM

The keeping or raising of livestock such as rabbits, sheep, pigs, goats, equines, cows or poultry generally for personal use and/or not a farm operation as regulated under § 305-a of the NYS Agriculture and Markets Law.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade so as to permit the use of a solar energy system to service a building or property.

SPECIAL USE

Authorization of a particular land use which is permitted in this chapter, subject to individual standards imposed herein to assure that the special use is in harmony with this chapter and will not adversely impact surrounding uses if said standards are met.

STABLE, COMMERCIAL

Any equestrian operation that provides commercial equine activities, including, but not limited to, riding lessons, trail riding, training or boarding of horses for financial or other consideration.

STRUCTURE

Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including, but not limited to, buildings, fences, tanks, towers, swimming pools, and stationary and portable carports.

SWIMMING POOL, PRIVATE

Any constructed body of water or structure containing water, and any accessory buildings or equipment pertaining thereto, used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. It shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling or dwellings thereon, to a membership club or to a motel or hotel.

TOWN-ENDORSED SEWER SYSTEM OR WATER SYSTEM

A central sewage collection system and treatment works or central water supply system acknowledged by the Town of Mamakating Town Board, upon advice of its Town Engineer, as a system and works that are designed and constructed to provide the level of sewage treatment and water quality required to safeguard the Town's residents and ecosystems and that have established adequate funding mechanisms and maintenance mechanisms to guarantee the continued operation and maintenance in perpetuity, all in accordance with applicable state, county and Town standards.

TRAILER

A vehicle designed without motive power, to be drawn by another vehicle.

VACATION CAMPGROUND

An area of land, owned entirely in single ownership, on which two or more cabins, tents, vacation trailers, motor homes, shelters, or any other accommodations normally suitable for temporary or seasonal living, camping or recreation purposes.

WAREHOUSE

A building, or part of a building, for storing goods, wares and merchandise, whether for the owner or others, and whether it is a public or private warehouse.

WINERY

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 are compounded. Such use may include tastings or operate a food or drinking establishment on site.

WIRELESS TELECOMMUNICATION SERVICES

Services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services, and cellular telephone.

WIRELESS TELECOMMUNICATION SERVICES FACILITY

Any freestanding facility, building, tower or structure used to provide wireless telecommunication services and which consists of, without limitation, antennas, equipment and storage and other accessory structures used to provide wireless telecommunication services.

YARD

An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

(1)

YARD, FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.

(2)

YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.

(3)

YARD, REQUIREDThat portion of any yard meeting the minimum dimensional requirements contained in Schedule I of this chapter.[1]

(4)

YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

Residential Districts
RVP	Ridge and Valley Protection Area
MG	Mountain Greenbelt
RA	Residential Agricultural
BR	Burlingham Residential
NR	Neighborhood Residential
LN	Lake Neighborhood Residential
Mixed Use Districts
HC	Hamlet Center
VA	Village Adjacent Area
PRO	Planned Resort - Office Development
Nonresidential Districts
AD	Airport Development
IC	Interchange Commercial
IEZ	Interchange Economic Zone Overlay
209EZ	Route 209 Economic Zone Overlay