As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A structure detached from a principal building on the same
lot and serving a purpose customarily incidental and subordinate to
the principal building or use.
ADAPTIVE REUSE
The process of adapting an existing building through renovation
or restoration to function for a new use which it may not have been
originally designed for, while retaining its primary features and
character. Typically utilized for the purposes of saving existing
structures from demolition, historic preservation, or improved sustainability
compared to completely new construction.
[Added 6-3-2024 by L.L.
No. 3-2024]
ADAPTIVE REUSE INN
An establishment providing sleeping rooms rented for overnight
accommodations to transient visitors having no more than 40 guest
rooms, where such guest rooms are developed exclusively through the
rehabilitation, preservation, and adaptive reuse of an existing structure(s).
An adaptive reuse inn is separate and distinct from inn(s) and other
lodging uses.
[Added 6-3-2024 by L.L.
No. 3-2024]
AGRICULTURAL SOILS
Surficial soils in the Town of Washington that are considered
prime farmland soils or farmland soils of statewide importance pursuant
to criteria established by the Natural Resource Conservation Service
of the United States Department of Agriculture.
AGRICULTURE
The utilization of land for the production, preservation,
processing, and sale of agricultural commodities, such as crops, plants,
vines, trees, livestock, honey, Christmas trees, poultry, or dairy
products.
AIRCRAFT
A device used for the transportation of one or more persons
or goods through the air, including airplanes, dirigibles, helicopters
and gliders, but excluding parachutes and balloons.
AIRFIELD
An area for the landing and takeoff of aircraft, including,
without limitation, an airport, airstrip, heliport, helipad or helistop.
ALTERATION
Any addition to a building, a change or rearrangement in
the structural parts or exit facilities, any change in the use from
one district classification to another, or removal of a building from
one location to another.
ANIMAL HUSBANDRY
The keeping, grazing, feeding, and care of animals other
than household pets or fewer than three saddle horses or ponies, excluding
fur farms, pig farms, or cage-type poultry houses.
ANTENNA
A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa.
ANTIQUE AUTOMOBILE
An automobile eligible for registration as an antique automobile
by the State of New York, whether or not it is operable.
AQUIFER
A geologic formation or groups of geologic formations, or
portions thereof, that contain saturated permeable material such as
sand and gravel, limestone, or limestone overlaid with sand and gravel
sufficient to yield significant and usable quantities of water to
drinking wells and springs.
AREA, LAND
The total area of land lying within the lot lines excluding
external streets.
AS-OF-RIGHT FACILITIES
Those PWRT facilities, as described herein, which may be
installed and operated subject only to the securing of a building
permit for construction and a certificate of occupancy for operation
from the Town Building Inspector upon furnishing the information and
plans specified by the Building Inspector and this chapter.
AUTO RESTORATION
The repair, dismantling, and reconditioning of antique automobiles,
special interest automobiles, or farm machinery which is currently
not operable, or not registered to operate on the public road system,
as part of a bona fide hobby.
AUXILARY APARTMENT
A dwelling unit within a building containing a principal
use that is nonresidential. No more than 30% of the floor space in
any nonresidential building may contain auxiliary apartments.
BAR or TAVERN
An establishment primarily designed and licensed to sell
alcoholic beverages to patrons for on-site consumption at provided
seating areas and where the service of food is only incidental to
the consumption of such beverages.
[Added 6-3-2024 by L.L.
No. 3-2024]
BASE STATION
A stationary transmitter that provides radio telecommunications
services to mobile and fixed receivers, including antennas.
BASEMENT
A story partly underground, but having last least half of
its height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
BED-AND-BREAKFAST
A dwelling owned and occupied by a person or persons as his
or their full-time residence in which overnight accommodations not
exceeding five bedrooms are provided or offered to transient (less
than 30 days) lodgers for compensation. The term "bed-and-breakfast"
is meant to include guesthouses, lodgings, accommodations and words
or phrases of like import.
BERM
A mound or bank of earth, used especially as a barrier for
privacy or as a fence substitute or to provide insulation.
BILLBOARD
A sign or a structure which directs attention to an idea,
product, business activity, service, or entertainment which is conducted,
sold, or offered elsewhere than upon the lot on which such sign is
situated.
BUILDABLE LAND
That portion of a lot exclusive of all wetlands and watercourses,
slopes exceeding 20%, and flood hazard areas as mapped on the Federal
Emergency Management Agency's Flood Insurance Rate Map.
BUILDING
A structure having a roof supported by columns or walls for
the shelter, support, or enclosure of persons, animals, or chattels.
When separated by a party wall, each portion of such building shall
be deemed a separate building.
BUILDING AREA
All land covered by structures, interior roads, parking areas,
sidewalks, and loading areas.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs, and to the mean height between eaves and ridge for gable, hip,
and gambrel roofs. 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 LINE, FRONT
The line of that face of the building nearest the street
line. In the case of a corner lot, the building line nearest to a
street line shall be considered the front building line.
BUILDING, ACCESSORY
A building, the use of which is customarily incidental to
that of a principal building and which is located on the same lot
as that occupied by the principal building.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated. Each principal building
along with its accessory buildings shall be deemed to be situated
on a separate lot.
BUILDING, TEMPORARY
Any building intended for temporary occupancy or use in connection
with the construction or operation of a permitted use.
BULK
A term used to describe a size, volume, area, and shape of
buildings and structures and the physical relationship of their exterior
walls or their location to lot lines, other buildings and structures,
or other walls of the same building, and all open spaces required
in connection with a building, other structure, or tract of land.
CAMPGROUND
A parcel of land established or maintained for the commercial
purposes of short-term outdoor recreational camping by transient users
where campsite areas are provided and rented for tents, trailers,
recreational vehicles, shelters, cabins, lean-tos or similar accommodations.
A campground is separate and distinct from a private camp, as well
as glamping, inn or other lodging use types.
[Added 6-3-2024 by L.L.
No. 3-2024]
CELLAR
A story partly underground and having more than half of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
CEMETERY
Land used or intended to be used for the burial of dead human
beings and dedicated for such purpose, including columbariums, mausoleums,
and mortuaries when operated as part of a cemetery and within its
boundaries, but excluding crematoria.
CERTIFICATION
A signed, written approval by the Planning Board (its designated
agent or Dutchess County Soil and Water Conservation District) that
a soil erosion and sediment control plan complies with the applicable
requirements of this chapter.
CO-LOCATION
The location of one or more PWRT facilities at a common site.
COMMERCIAL VEHICLES
Any vehicle having a gross weight of 3/4 ton or more and
licensed as a commercial vehicle or used for commercial purposes.
COMMON DRIVE
A driveway normally serving two or three lots which have
the amount of road frontage required under this chapter. A common
drive may be owned in common or may be created by reciprocal easements.
COMPREHENSIVE PLAN or MASTER PLAN
A document adopted and periodically updated by the Town of
Washington, containing goals and policies to direct long-term decisionmaking
for the orderly growth of the community, including but not limited
to land-use decisions such as zoning.
[Added 6-3-2024 by L.L.
No. 3-2024]
CONDOMINIUM
A system of ownership of dwelling units, either attached
or detached, within a multifamily dwelling development established
pursuant to the Condominium Law of the State of New York, the apartments
or dwelling units of which are individually owned, each owner receiving
a deed enabling him or her to sell, mortgage, or exchange his or her
apartment or dwelling unit independently of the other owners in the
building or buildings.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance
with the provisions of Article 49, Title 3, of the Environmental Conservation
Law, or § 247 of the General Municipal Law, for the purposes
of conservation of open space, agricultural land, and natural, cultural
and scenic resources.
COVERAGE
That percentage of the plot or lot covered by the building
area.
CRAFT WORKSHOP
A place where artists, artisans, craftsmen, and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinet, ceramics, clothing, flower arrangements,
jewelry, metalwork, musical instruments, painting, pottery, sculpture,
toys, and weaving.
DESIGN STANDARDS
Specific design requirements regarding architectural elements,
site planning, parking, building materials, lighting, signs or other
considerations which may be required or recommended as part of application
approval.
[Added 6-3-2024 by L.L.
No. 3-2024]
DISTURBED AREA
An area where ground cover is destroyed or removed leaving
the land subject to acceleration erosion.
DWELLING
A detached building designed or used exclusively as living
quarters for one or more families, excluding motels, hotels, or other
transient residence facilities.
DWELLING UNIT
A building or portion thereof, providing complete housekeeping
facilities (living, cooking, sanitary and sleeping facilities) for
one family.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings containing separate living
units for three or more families, but which may have joint services
or facilities or both.
DWELLING, ONE-FAMILY
A detached building designed for the use of a single household,
including one or more persons living as a family, and wherein not
more than three boarders are sheltered and/or fed for profit.
EDUCATIONAL BUILDING
A structure or structures used for the purpose of providing
academic or technical instruction to students, such as public or private
schools that include any combination of grades from kindergarten through
12th grade, as well as trade, business, or technical schools, colleges,
universities, or not-for-profit research institutes.
EDUCATIONAL INSTITUTION
A private school, college, university, or research institute
giving general academic instruction including adult education, or
providing research facilities to scholars or scientists, with structures
used for administration, classrooms, student housing, faculty housing,
dining, laboratories, faculty and staff offices, libraries, field
study purposes, social and athletic activities, as well as accessory
needs.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
EXEMPT FACILITIES
Transmitting and receiving telecommunications facilities which are exempt from regulation under §
165-56, and shall include:
A.
Amateur radio and satellite facilities so long as such facilities
are operated by a licensed amateur operator;
B.
Civil emergency facilities; and
C.
Home satellite facilities where installed on residential premises
solely for the use of the residents of that premises and not offered
for resale to off-premises locations.
FAMILY
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The group shares the entire dwelling unit.
B.
The group lives and cooks together as a single housekeeping
unit.
C.
The group shares expenses for food, rent, utilities or other
household expenses.
D.
The group is permanent and stable, and not transient or temporary
in nature.
E.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
FARM
Any parcel of land containing at least three acres which
is used for financial gain in the raising of agricultural products,
livestock, poultry, and dairy products, including necessary farm structures
within the prescribed limits and the storage of equipment used, but
excluding raising of fur-bearing animals, riding academies, livery
or boarding stables, dog kennels, pig farms, and cage-type poultry
farms.
FENCE
A structure made of metal, wood, stone, plastic or masonry
to afford screening, privacy, or security for the property, or to
prevent animals for entering or exiting the property.
FLOOR AREA
The sum of the horizontal areas of the several floors of
a building, excluding cellar and attached garage floors not devoted
to habitable uses, but including the area of roofed porches, roofed
terraces and attic spaces (whether or nor a floor has actually been
laid) providing structural headroom of seven feet six inches or more.
All dimensions shall be measured between exterior faces of walls or
center lines of walls separating two buildings.
GARAGE, PRIVATE
A garage not conducted as a business or used for the storage
of more than one commercial vehicle which shall be owned or used by
a person residing on the premises.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning or servicing such motor vehicles.
GLAMPING
The use of land rented for the purposes of short-term, outdoor
camping by transient users, where additional amenities and comforts
are provided for visitors beyond a normal camping experience, including
but not limited to the use of beds, electricity, indoor plumbing,
kitchen equipment, and more elaborate temporary shelters, such as
yurts, sleeping pods or motor homes. Glamping is separate and distinct
from a hotel, inn or other lodging use types.
[Added 6-3-2024 by L.L.
No. 3-2024]
GOLF COURSE
An area of land laid out for the game of golf with a series
of nine or 18 holes, each including tee, fairway, putting green and
one or more natural or artificial hazards, as well as incidental buildings,
including a clubhouse and storage buildings and driving range, but
not including a public restaurant or public bar facility. This definition
does not include a miniature golf course.
GRADING
Any excavation, grubbing, filling (including hydraulic fill),
or stockpiling of earth materials or any combination thereof, including
the land in its excavated or filled condition.
HAULAGEWAY
Any road within a permitted soil mining area which receives
substantial use and which has been constructed or improved by the
operator or permittee. Trails or paths between parts of a mine shall
not be considered haulageways.
HISTORICAL AUTOMOBILE
A vehicle that is more than 25 years old and qualifies for
a historical registration from the New York State Department of Motor
Vehicles.
HOME OCCUPATION
An occupation or business activity which results in a product
or service for financial gain and is conducted in whole or in part
in the dwelling unit or accessory building and is clearly an accessory
or incidental use and subordinate to the residential use of the dwelling
unit.
HOSPITALITY
The activity or business of providing services and amenities,
such as overnight lodging accommodations, food, drink, gathering or
meeting space, for the purposes of attracting and serving visitors
and tourists to the area.
[Added 6-3-2024 by L.L.
No. 3-2024]
HOTEL
A building containing rooms intended or designed to be used
or which are used, rented, or hired out to be occupied or which are
occupied for sleeping purposes by guests, and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
INN
An establishment providing sleeping rooms rented for overnight
accommodations to transient visitors having no more than 20 guest
rooms. Guest rooms for an inn may be developed through the construction
of new square footage. A project that creates guest rooms through
the use of existing structure(s), in addition to the construction
of new square footage, shall be deemed an inn, not an adaptive reuse
inn, and shall be limited to a maximum of 20 guest rooms. An inn is
separate and distinct from adaptive reuse inn(s) and other lodging
uses.
[Added 6-3-2024 by L.L.
No. 3-2024]
JUNK
Any worn-out, cast-off, discarded, or neglected article or
material of little or no value, including, but not limited to, appliances,
furniture, barrels, cartons, boxes, machinery, plastics, crates, rubber,
rugs, clothing, rags, mattresses, blankets, tires, lumber, brick,
stone and other building materials no longer intended for ordinary
use, and any and all tangible personal property no longer intended
for ordinary and customary use. The term "junk" shall include the
terms "rubbish," "clutter," "litter," "debris" or other similar phrases
which refer to ordinary household or commercial trash, including,
but not limited to, paper and paper products, cardboard, cans, glass,
metals and cigarettes.
JUNK CAR
Any vehicle not operable on the state, county, and local
road or highway system, unless such vehicle is an historical automobile.
A vehicle is operable when it currently meets all of the following
standards:
A.
It is registered with the New York State Department of Motor
Vehicles;
B.
It has motor vehicle liability insurance which satisfies the
requirements of New York State law;
C.
It has a valid inspection sticker; and
D.
It has valid New York State license plates.
JUNKYARD
The outdoor storage of any of the following, whether in connection
with a business or not:
B.
Two or more unregistered historical automobiles.
C.
Two or more pieces of junk, as defined in §
165-140 of this chapter.
D.
Any combination of the above that totals two or more items.
KENNEL
Any establishment including cages, dog runs, and structures
wherein more than three dogs which are over six months old are harbored.
LATTICE TOWER
A freestanding tower supported by a series of interconnected
struts or stanchions.
LODGING
A room or rooms rented for overnight accommodations to transient
visitors, such as a bed-and-breakfast, inn, adaptive reuse inn, hotel,
motel, short-term rental, campground or glamping.
[Added 6-3-2024 by L.L.
No. 3-2024]
LOT
A piece, parcel, or plot of land occupied or designed to
be occupied by a principal building and its accessory building or
buildings, and including the yards and other open spaces required
by this chapter.
LOT DEPTH
The horizontal distance from the street line of the lot to
its opposite rear line measured along the median between the two side
lot lines.
LOT LINES
The lines that bound a lot, as defined herein.
LOT OF RECORD
Any lot which has been established as such by plat, survey
record, or deed prior to the date of this chapter as shown on the
records in the office of the Dutchess County Clerk.
LOT WIDTH
The distance between the side lot lines measured along the
front building line, as determined by the front yard requirements
prescribed by this chapter.
LOT, CORNER
A lot at the junction and abutting on two or more intersecting
streets or roads when the interior angle on the intersection does
not exceed 135°. A lot abutting upon a curved street or streets
shall be considered a corner lot if the tangents to the curve at points
beginning within the lot or at the points of intersection of the side
lot lines with the street line intersect at an interior angle of less
than 135°.
LOT, THROUGH
An interior lot having frontage in two parallel or approximately
parallel streets.
MANUFACTURED HOME
A factory-manufactured dwelling, built on a permanent steel-framed
chassis and designed to be transported to a site in one or more sections,
which is intended to be used as permanent living quarters by a single-family
unit when connected to the required plumbing, heating and electrical
utilities. For the purposes of this chapter, the removal of transport
wheels and/or the anchoring of the home to a permanent foundation
shall not remove it from this definition.
MEMBERSHIP CLUB
An organization catering exclusively to members and their
guests or premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, providing there are not
conducted any vending stands, merchandising, or commercial activities,
except as required generally for the membership and purposes of such
club.
MOBILE HOME PARK
Any area of land consisting of 20 or more acres upon which one or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations, and excluding emergency housing as defined in §
165-45.
MOBILE HOME or RECREATIONAL VEHICLE
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 or parking place 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. The term "trailer" shall also mean a similar structure
used for storage, office, classroom, shelter or any use other than
as a dwelling or sleeping place. The term mobile home shall not include
modular homes. This term shall include double-wide mobile homes.
MODULAR HOME
A factory-manufactured dwelling having no permanent support
frame and designed to be transported to a site in one or more sections
for erection, construction or installation as a permanent structure.
MOTEL
A building or group of buildings containing six or more individual
living and sleeping accommodations consisting primarily of one-bedroom-and-bath
units, each of which is provided with not less than one off-street
parking space, offered principally for rental and use by motor vehicle
travelers.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which contains a permitted use, but
does not meet the setback, side yard, rear year, height, coverage,
floor area, projection, or stories requirements of this chapter for
the district in which it is located.
NONCONFORMING LOT
A lot of record which does not comply with the area, shape,
frontage, or locational provisions of this chapter for the district
in which it is located.
NONCONFORMING USE
Any use lawfully existing prior to and at the time of the
adoption or amendment of this chapter or any preceding zoning law
or ordinance, which use is not permitted by or does not conform with
the permitted use provisions of this chapter for the district in which
it is located.
NONCONFORMITY
A nonconforming use, lot, building, or other structure which
existed lawfully, whether by variance or otherwise, on the date this
chapter or any amendment hereto or any preceding zoning law or ordinance
became effective and which fails to conform to one or more of the
provisions of this chapter or such amendment hereto. No nonconforming
use, lot, building, or other structure shall be deemed to have existed
on the effective date of this chapter unless it can be proven that
it was actually in being on such date or that a building permit had
been issued and actual construction lawfully begun prior to that date.
"Actual construction" is hereby defined as the placing of construction
materials in a permanent position in accordance with the plans for
the building or other structure and with the intent to complete the
construction in an expeditious manner.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
NURSING HOME
Any establishment where persons are housed and furnished
with meals and nursing care for hire.
OPEN SPACE
An area of land not developed with structures and used for
recreation, agriculture, or forestry, or left in its natural state.
OVERLAY DISTRICT
A special zoning district which is superimposed on top of
one or more zoning districts, or parts of districts, to implement
modified land use regulations within a defined geographic area. An
overlay's requirements may function in addition to the normal provisions
of the underlying zoning district(s), or may replace or modify the
normal provisions of the underlying zoning district(s), being more
or less restrictive
[Added 6-3-2024 by L.L.
No. 3-2024]
PARKING SPACE
The net area needed for parking one automobile, usually equal
to 200 square feet with dimensions of 10 feet by 20 feet. An area
of 300 square feet per car shall be used to compute the gross land
area needed for meeting parking requirements.
PERSONAL COMMUNICATION SYSTEM
Radio telecommunications services that encompass mobile and
ancillary fixed communications operating at 1.8 GHz to 2.1 GHz that
provide services to individuals and businesses and can be integrated
with a variety of competing networks.
POULTRY FARM, CAGE-TYPE
A farm containing structures which house birds, one or more
to a cage, in meshwork floored cages elevated above the main floor,
and in which normal processes relating to live birds are accomplished
without removing the birds from the cage.
PRIVATE CAMP
A detached one-family dwelling designed and suited for noncommercial,
leisure use that is used on a seasonal basis for not more than six
months in each year.
[Amended 6-3-2024 by L.L.
No. 3-2024]
PRIVATE ROAD
A privately owned road held in common ownership by a homeowners' association and approved pursuant to §
165-55B.
PROFESSIONAL OFFICES
Offices for outpatient health care services, including but
not limited to chiropractors, dentists, psychologists, physical therapists,
physicians, veterinarians (excluding kennel facilities), and other
health care professionals, as well as offices for other professionals,
including but not limited to accountants, architects, attorneys, consultants,
engineers, real estate brokers, stockbrokers, and surveyors.
PROPERTY
Any lot, piece, or parcel of land.
PUBLIC UTILITY
A utility service provided by a public agency or a specially
franchised local operation to supply electric, gas, water, cable television,
or telephone service. Included are such utilities as electric unit
substations, municipal pump stations and water towers, municipal garages,
firehouses, and telephone substations.
QUARRYING, SOIL MINING
Use of a parcel of land or contiguous parcels of land, or
portions thereof, for the purpose of extracting and selling stone,
sand, and/or gravel, exclusive of the process of grading land preparatory
to construction of a building for which a building permit has been
issued. As defined herein, the processing of stone, sand, or gravel
that is excavated off-site is not considered to be soil mining.
REAR LOT
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same street as said
lot and having access to the street via a strip of land that does
not have the minimum road frontage required in the zoning district.
RECLAMATION PERMIT
The permit, granted by the Town Board, required to be issued prior to the commencement of quarrying or soil mining operations, pursuant to §
165-43D(2) of this chapter.
RESIDUAL LAND
That portion of a parcel of land on which a subdivision occurs
which remains as an unsubdivided parcel of substantially greater size
than the lots that are subdivided.
RESTAURANT
An establishment where food and drink are sold for consumption
on the premises at provided seating areas and where the taking of
any food or drink off-premises is incidental to the principal use.
May include permitted secondary accessory uses, such as a bar or tavern.
[Added 6-3-2024 by L.L.
No. 3-2024]
RETAIL BUSINESS
An establishment engaged in selling or renting goods or merchandise
to the general public in small quantities for personal or household
consumption or business use and rendering services incidental to the
sale of such goods. Any facility which sells automotive gasoline shall
not be considered a retail business, nor shall a restaurant or other
eating and/or drinking establishment of any type be so considered.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving,
or stabling for compensation, or incidental to the operation of any
club, association, ranch, or similar establishment.
ROAD FRONTAGE
The distance along a public way at the front lot line to
the depth of the required front yard setback.
SEDIMENT
Solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion.
SERVICE BUSINESS
A business or nonprofit organization that provides services
to the public, either on or off the premises, including but not limited
to arts instruction or studio, building, electrical, plumbing, and
landscape contracting, business and educational services, catering,
health club, house cleaning services, locksmith, photocopying, repair
and restoration services, tailoring, typing, and word processing.
SHOOTING PRESERVE
A shooting preserve, as defined in New York State Environmental
Conservation Law, § 11-1903, licensed by the New York State
Department of Conservation, for shooting birds and clay targets.
SIGN
Any material, structure, or device composed of lettered or
pictorial matter which is placed for outdoor display of an advertisement,
announcement, notice, directional matter, or name, including sign
frames, billboards, signboards, painted wall signs, hanging signs,
illuminated signs, pennants, fluttering devices, projecting signs,
or ground signs.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than
on the premises on which the sign is located.
SITE WORK
Clearing and grubbing or excavating and grading in preparation
for construction of buildings.
SPECIAL INTEREST AUTOMOBILE
An automobile recognized by bona fide collectors as historic
because of design, engineering, or craftsmanship.
SPECIAL USE
A use which, because of its unique characteristics, requires
individual consideration in each case by Town officials.
SPECIALIZED MOBILE RADIO SERVICE
A radio communication system in which licensees provide land
mobile communication services in the 800 MHz and 900 MHz bands on
a commercial basis to entities eligible to be licensed under 47 CFR
90, federal government entities, and individuals.
STABLE, PRIVATE
An accessory building in which horses are kept for private
use and not for hire, remuneration, or sale.
STABLE, PUBLIC
A building in which horses are kept for remuneration, hire,
or sale.
STEALTH TECHNIQUE
A method or methods that would hide or conceal an antenna,
supporting electrical or mechanical equipment, or any other support
structure that is identical to or closely compatible with the color
or appearance of the support structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
STORAGE SHED
A structure which is accessory to a residential building,
and which is used for the storage of household items, equipment, machinery,
and similar personal property customarily used or owned by homeowners
in connection with use, operation and maintenance of residences.
STORAGE, OPEN
Land used for the keeping of goods, wares, or supplies outside
of any building or structure.
STORY
The portion of a building included between the surface of
any floor and the floor above it; if there is not a floor above it,
then the space between the floor and the ceiling next above it.
STREET
Any public way greater than 20 feet in width dedicated to
and accepted by the Town, the county, or the state.
STREET LINE
The dividing line between the street, road, or highway and
the lot, such as the existing or proposed right-of-way line.
STRUCTURE
Any building or thing constructed or erected on the ground
or by attachment to something on the ground.
SWIMMING POOL
Any body of water (excluding natural bodies of water fed
by watercourses, including rivers, streams, brooks, or springs) or
receptacle for swimming or bathing and constructed, installed, or
maintained in or on the ground outside any building.
TENNIS COURT
Any area on the ground, whether a natural or artificial surface,
upon which a game using a net between opposing players, a ball and
racquets is played, and includes any adjacent fencing, walls, screening
or other material which may limit the movement of or confine the ball
or serve to conceal the court.
TOPSOIL
The outer layer of the earth in which vegetable matter can
take root and grow.
TOWN ROAD
All roads within the Town of Washington which are maintained
by the Town and shall include the strip of three rods wide measured
1 1/2 rods to each side of the center line of the road.
TRAILER
A transport vehicle designed to be hauled by a truck or tractor.
TRANSIENT
Temporary visitation at a place for a short duration, typically
for a period between one or a few days.
[Added 6-3-2024 by L.L.
No. 3-2024]
USE
The principal and specific purpose for which land or a building
is designed, arranged, or intended, or for which it is or may be occupied
or maintained. The term "permitted use" shall not be deemed to include
any nonconforming use.
USE, ACCESSORY
A use which is customarily incidental to and subordinate
to the principal use of a premise, building, or structure and located
on the same premises as the principal use, building, or structure.
WILDLIFE PRESERVE
An area left in its natural state to support wildlife populations,
restricted to low-intensity passive recreational use, in which hunting,
shooting, and trapping are prohibited.
YARD
An open space on the same lot with a building or structure.
YARD, FRONT
An open space extending across the full width of the lot
between the front building line and the street line.
YARD, REAR
An open space extending across the full width of the lot
between the rear lot line and the rear of the building nearest the
rear lot line.
YARD, SIDE
An open space on the same lot with a principal building between
the principal building and side line of the lot and extending from
the front yard to the rear yard.