Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings herein indicated:
ACCESSORY
A building or use clearly incidental or subordinate to, and
customary in connection with, the principal building or use on the
same lot.
ACCOMMODATION UNIT
Each bed, bunk, cot or other arrangement for sleeping by
a single person or family.
AGRICULTURAL TOURISM or AGRITOURISM
A form of commercial enterprise that links agricultural production
and/or processing with tourism in order to attract visitors onto a
farm or other agricultural business for the purposes of entertaining
and/or educating the visitors or patrons and generating income for
the farm or business owner. Agricultural processing associated with
an agritourism use shall not include the processing of any livestock,
including activities such as the slaughtering of animals or the packaging
of meat for sale.
[Added 10-5-2022 by L.L. No. 8-2022]
AGRICULTURAL TOURISM or AGRITOURISM ACTIVITY
Any activity carried out on a farm that allows consumers
or members of the general public, for recreational, entertainment
or educational purposes, to view or enjoy rural activities, including,
but not limited to, farming, on-site educational programs, recreational
farming programs that include on-site hospitality services, guided
and self-guided tours, bed-and-breakfast inn establishments or lodging
accommodations, corn mazes, harvest-your-own (U-pick) operations,
hayrides, weddings or other large social gatherings to occur on the
premises.
[Added 10-5-2022 by L.L. No. 8-2022]
AGRICULTURE or HORTICULTURE
The cultivation of soil for food products or other useful
or valuable growths in the field or garden, exclusive of facilities
for display of products and marketing on the premises, whether wholesale
or resale. "Agriculture" shall be deemed to also include poultry or
livestock production or breeding and the raising of cattle for the
purpose of milk production.
ALTERATION
A change or rearrangement in the structural parts of a building,
or an enlargement, whether by extending a side or by increasing the
height of such building.
ANIMAL KENNEL
Any building, structure or premises in which animals are
kept, boarded or trained.
BASEMENT
A story in a building, the structural ceiling level of which
is four feet or more above the average level of the finished grade
where such grade abuts the exterior wall of such building which fronts
on any street, and the floor level of which is below the finished
grade at any point on the periphery of the building.
BEDROOM
The term "bedroom" refers to each additional room or 200
square feet of floor area in excess of space permanently allocated
for kitchen, dining area, living area, bath facilities and storage
spaces of less than 30 square feet in each such permanent storage
space.
BILLBOARD
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, service, entertainment
or attraction sold, offered or existing elsewhere than upon the same
lot where such sign is displayed or only incidentally upon such lot.
BUILDING
Any combination of materials forming any construction, except
where entirely underground, so as to permit the use of the ground
above the same as if no building was present; the term "building"
shall include the term "structure" as well as the following:
(3)
Walls, other than retaining walls projecting above the ground
not more than three feet at the higher ground level and not more than
6 1/2 feet at the lower ground level.
(4)
Radio and television receiving and transmitting towers and antennas,
except for such antennas installed on the roof of a building and extending
not more than 20 feet above the highest level of the roof of such
building.
(5)
Porches, outdoor bins and other similar structures.
CELLAR
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade where
such grade abuts that exterior wall of such building which fronts
on any street. A cellar shall not be considered in determining the
permissible number of stories.
CLUBHOUSE
A building, structure, lot or land area used as a private
club or social organization with annual membership dues or associated
with a site plan development.
CODE ENFORCEMENT OFFICER
A Town of New Windsor employee holding the position of Building
Inspector. Additionally, the Assistant Building Inspector, Zoning
Inspector, Assistant Zoning Inspector, Fire Inspector, Assistant Fire
Inspector shall perform Code Enforcement duties under the coordination
and supervision of the Code Enforcement Officer.
COMMERCIAL RECREATION FACILITY
Any recreational facility in private ownership requiring
compensation or admission fees for the use thereof, other than accessory
to single-family residential uses.
CONVALESCENCE FACILITY
A building facility utilized for the purpose of aiding or
assisting the recovery of health and/or rehabilitation following sickness.
COURT, INNER AND OUTER
Any unobstructed open area bounded on three or more sides
by the walls of a building or buildings, not including any such area
with no windows opening upon it except windows on a stairway. An inner
court does not extend to a street or yard; an outer court extends
to a street or yard.
COVERAGE, BUILDING
The percentage of the area of a lot covered by a building
or buildings.
COVERAGE, DEVELOPMENT
The percentage of a lot covered by buildings, parking areas,
accessory structures and any impervious materials.
CURB LEVEL
The established elevation of the street grade at a point
that is opposite the center of the wall nearest to and facing the
street line.
DOMESTIC ANIMALS
Various species of animals such as cats, dogs, hamsters and the like which normally and conventionally board in residential dwellings. See also Town Code Chapter
96.
DOMICILE
The legal residence of a person; the fixed, permanent and
principal home for legal purposes.
DWELLING, TOWNHOUSE
A one-family dwelling with two common or party walls separating
it from adjacent units on both sides.
DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, having no enclosed space
(other than vestibules, entrance or other hallways or porches) or
cooking or sanitary facilities in common with any other dwelling unit.
A house trailer, a boarding- or rooming house, convalescent home,
fraternity or sorority house, hotel, inn and a lodging, nursing or
other similar home or other similar structure shall not be deemed
to constitute a dwelling unit.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground,
surface or overhead gas, electrical, steam or water transmission systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, light stations,
telephone lines, hydrants and other similar equipment and accessories
herewith reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health, safety or general welfare.
FAMILY
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
FLOOR AREA, LIVABLE
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, cellars, heater rooms and
basements having a window area of less than 10% of the square-foot
area of the room. Usable floor area shall include all spaces not otherwise
excluded above, such as principal rooms, utility rooms, bathrooms,
all closets and hallways opening directly into any room within the
dwelling unit and all attic space having a clear height of six feet
from finished floor level to the pitch of roof rafters, with a clear
height of seven feet six inches from finished floor level to ceiling
level over 50% of the area of such attic space.
FLOOR AREA RATIO
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
GARAGE, REPAIR
Any garage, other than a private garage, available to the
public, operated for gain and which is used for the storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
GASOLINE SERVICE STATION
A building or other structure or a tract of land used or
heretofore used primarily for the servicing of motor vehicles. It
shall signify a retail place of business engaged primarily in the
sale of motor fuels, and also in supplying goods and services generally
required in the operation and maintenance of motor vehicles, including
the sale of petroleum products; sale and servicing of tires, batteries,
automotive accessories and replacement items; washing and lubrication
services; and the performance of routine automotive maintenance and
repairs.
HEIGHT
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of such structure, excluding
a chimney.
HOME OCCUPATION
Any occupation customarily conducted within a dwelling used for living purposes. The home occupation must be incidental and secondary to the use of the dwelling for residential purposes. Home occupations shall not include, among others, the following: medical and dental clinics, restaurants or on-premises consumption food services, kennels or animal hospitals. The home occupation shall comply with §
300-25 of the Code.
[Amended 9-7-2016 by L.L.
No. 2-2016]
HOSPITAL
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A hospital shall be
deemed to include a sanatorium, clinic, convalescent home, nursing
home, rest home or other building with an equivalent appellation.
HOTEL
A building or buildings containing accommodation units for
housing transient guests for compensation.
INCIDENTAL
A use or structure that is accompanying, but not a major
part of something. Secondary, subordinate, ancillary or peripheral
thereto.
[Added 4-7-2021 by L.L. No. 3-2021]
JUNKYARD
Any area of land, including buildings thereon, which is used
primarily for the collecting, storage and/or sale of wastepaper, rags,
scrap metal or discarded material, or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof. Two or more motor vehicles stored
outside without current license plates for a period of 30 days shall
constitute a junkyard.
LABORATORY
A building used for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
primarily 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. A laboratory shall meet
the same performance standards as nonnuisance industry.
LIVESTOCK
Animals, including but not limited to domestic animals, such
as sheep, horses, cattle and goats.
LOT
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings accessory thereto, if any, together with the
required open spaces appurtenant to such building or group of buildings.
LOT AREA (GROSS)
The total horizontal area included within the property lines
of a lot, as calculated by a professional land surveyor licensed in
the State of New York. [Also see "lot area (net)" for additional zoning
requirements.]
LOT AREA (NET)
The total horizontal area included within the property lines
of a lot (as calculated by a professional land surveyor licensed in
the State of New York), but specifically excluding areas of the lot
covered by easements, rights-of-way, encumbrances, designated New
York State freshwater wetlands (not including buffer areas), federal
wetlands, or areas otherwise precluded from development. For zoning
and subdivision compliance, all lots shall be required to have a minimum
net lot area with a value equal to or exceeding 60% of the required
gross lot area.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
LOT LINE
Any boundary of a lot other than a street line.
LOT LINE, REAR
The lot line generally opposite to the street line. If the
rear lot line is less than 10 feet in length or if the lot comes to
a point in the rear, the rear lot line shall be deemed to be a line
parallel to the front lot line not less than 10 feet long lying farthest
from the front lot line.
LOT WIDTH
The average distance between side lot lines measured at the
front yard setback line and measured at right angles to the side lot
lines or along a parallel to the street. Said measurement shall be
made along the public road, private road or shared commercial access
right-of-way, whichever is applicable.
MAIN FLOOR
The largest area found by the projection of a horizontal
plane through the livable floor area which is enclosed by the exterior
walls of the building.
MANUFACTURING
Any process whereby the nature, size or shape of articles
of raw materials is changed, or where articles are assembled or packaged
in quantity.
MANUFACTURING, LIGHT
Any process whereby the nature, size or shape of articles
of raw materials is changed, or where articles are assembled such
that no chemical or compressive processes are required and whose finished
size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds
per unit.
MEDICAL AND DENTAL CLINIC
Any facility in which two or more physicians and/or dentists
practice cooperatively for the diagnosis and treatment of patients.
MEDICAL OFFICE
A category of licensed medical professionals, including but
not limited to medical doctors, dentists, opticians, optometrists,
chiropractors, podiatrists, veterinarians and psychiatrists.
MEMBERSHIP CLUB
An organization composed of people who voluntarily meet on
a regular basis for a mutual purpose other than educational, religious,
charitable, or financial pursuits.
MINI WAREHOUSE
A building separated into relatively small, lockable individual
units, typically with a garage-door-style opening, that provides storage.
Units are typically rented month to month.
MOTOR VEHICLE
A self-propelled device which includes automobiles, trucks,
motor homes, motorcycles, all-terrain vehicles (ATVs), boats, jet
skis, motorized jet skis and tractors.
MULTIPLE DWELLING
A building or portion thereof containing three or more dwelling
units.
NONCONFORMING BUILDING
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the building regulations of this chapter for the
district in which it is situated, irrespective of the use to which
such structure is put.
NONCONFORMING USE
Any use of a building or structure, lot or land, or part
thereof, lawfully existing at the effective date of this chapter,
or any amendment thereto affecting such use, which does not conform
to the use regulations of this chapter for the district in which it
is located.
OCCUPANT
Person in possession or in control of premises or using the
premises.
OFFICIAL MAP
The Official Map, adopted and established by the Town Board, of that part
of the Town outside of the limits of any incorporated village, showing
the streets, highways, parks and drainage systems laid out on such
map, including any references to more detailed maps and studies. The
Official Map is final and conclusive with respect to the location
and width of streets, highways, drainage systems and parks shown thereon,
and the Official Map is hereby declared to be established to conserve
and protect the public health, safety and general welfare.
OWNER
Person having title to premises.
OWNERSHIP, SAME
Includes all vested or contingent interests of any person
or his agent, representative, successor or assignee, irrespective
of whether or not such interest is recorded, in the following circumstances:
(1)
Direct ownership by such person, or his or her child, parent,
sibling or spouse of a sibling, heir or next of kin or agent, corporation,
firm, entity, partnership or unincorporated association.
(2)
Property owned by different corporations, firms, partnerships,
entities or unincorporated associations, in which such a person is
a stockholder, a partner or associate or his or her child, parent,
sibling or spouse of a sibling, heir or next of kin, or owns a ten-percent
or greater interest in each corporation, firm, partnership, entity
or unincorporated association.
(3)
When such person or his estate, successors or assigns, or any person or entity included in Subsections
(1) and
(2) of this definition, may be materially or substantively affected by the relief sought or by any determination made in any proceeding sought before any board, body, commission or agency of the Town of New Windsor, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
PARKING AREA
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
PARKING SPACE
A stall or berth which is arranged and intended for the parking
of one motor vehicle in a garage or parking area.
PERSON
Any individual, firm, company, association, society, corporation
or group.
PERSONAL SERVICE ESTABLISHMENT
Personal service uses which involve touching or near touching
of the body, such as barbershops, beauty shops, tailor shops, tattoo
establishments, masseurs and physical therapy; as well as uses involving
the mind such as psychologist, counselor, social worker and diet counselor.
PLANNED INDUSTRIAL DEVELOPMENT
A development which contains two or more buildings containing
a combination of office, warehouse and nonnuisance industry in a unified,
campus design. The development may also contain accessory uses such
as cafes, cafeterias, conference rooms, or other services intended
to serve employees of the site.
[Added 4-7-2021 by L.L. No. 3-2021]
PREMISES
A lot, plot or parcel of land, including the building or
structures on it.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which said building is located. Where more than one
use is on a lot, the lower or more intense use of the lot shall be
considered the principal use.
QUARRY AND EXCAVATION OPERATIONS
Any place where stone, sand, gravel, minerals or other natural
material, except topsoil, is removed for the purpose of sale or any
other commercial purpose other than such as may be incidental to excavating
or regrading in connection with or in anticipation of building development
or landscaping on the site.
RECREATIONAL FACILITIES
Places for leisure activities open to the public, including
but not limited to golf courses, tennis courts, ice-skating rinks,
swimming pools, lakes, beaches, play fields, ski areas, amusement
parks, drive-in theaters, museum villages, golf driving ranges, racetracks,
gymnasiums, martial art studios and sport complexes.
RESIDENT
A person who dwells or lives in premises for a prolonged
and continuous period of time; not necessarily the person's place
of domicile, although it may be. A person may have more than one residence,
but only one domicile.
RETAIL SALES
The sale of consumer goods primarily in an indoor over-the-counter
location, not including used car sales.
SCHOOL OF PRIVATE INSTRUCTION
Any nonpublic school conducting a regularly scheduled curriculum
or program of scheduled activities, including but not limited to technical,
vocational or computer schools, martial arts studios, aerobics classes,
gymnastics classes, weight control centers and duly licensed nursery
schools and duly licensed day-care centers.
SCHOOL OF SPECIAL INSTRUCTION
Any nonpublic school conducting a regularly scheduled comprehensive
curriculum of study and operated by non-stock corporations under the
Education Law of the State of New York.
SERVICE ESTABLISHMENT
A place of business offering consumer services, including
but not limited to day-care centers, dry cleaners, art studio, schools
of instruction, teaching music and dancing, computer services, martial
arts, diet centers, secretarial schools, equipment operation schools,
funeral parlors, theaters, bicycle and specialty shops, but excluding
motor vehicle service and repair, and car washes.
SIGN
Any structure or part thereof, or any device attached to
a building or painted or represented thereon, which shall display
or include any letter, word, model, banner, pennant, insignia, device,
trade flag or representation which is in the nature of or which is
used as an announcement, direction or advertisement for commercial
purposes or otherwise. A sign includes a billboard and a neon tube,
string of lights or similar device outlining or hung upon any part
of a building or lot, but does not include the flag or insignia of
any nation or group of nations, or of any governmental agency, educational,
charitable, philanthropic, civic, professional, religious or like
campaign, drive, movement or event. Excluded from this definition
are signs which are solely devoted to prohibiting trespassing, hunting
or fishing.
SIGN AREA
Includes all faces of a sign measured as follows:
(1)
When such sign is on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or outline shall
be included.
(2)
When a sign consists only of letters, designs or figures engraved,
painted, projected or in any manner affixed on a wall, the total sign
area of such sign shall be measured by taking the limits or corner
extremities of the letters or other elements and measuring the area
contained within such limits or corners.
SIGN, TEMPORARY
A sign that is:
(1)
Intended for a temporary period of posting on public or private
property;
(2)
Typically constructed from nondurable materials, including paper,
cardboard, cloth, plastic, and, or wallboard; and
(3)
Does not constitute a structure subject to the Town's Building
Code or Zoning Law provisions.
SIGN WALL AREA
The area of a building wall fronting on a street not including
doors and windows.
SOLID WASTE
Useless, unwanted or discarded material with insufficient
liquid content to be free flowing.
(1)
AGRICULTURALSolid waste that results from the raising and slaughtering of animals and the processing of animal products and orchard and field crops.
(2)
COMMERCIALWaste generated by stores, offices and other activities that do not actually turn out a product.
(3)
INDUSTRIALWaste that results from industrial processes and manufacturing.
(4)
INSTITUTIONALWaste originating from educational, health care and research facilities.
(5)
MUNICIPALResidential and commercial solid waste generated within a community.
(6)
PESTICIDEThe residue from the manufacturing, handling or use of chemicals intended for killing plant and animal pests.
(7)
RESIDENTIALWaste that normally originates in a residential environment (sometimes called "domestic solid waste").
STORY
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
STREET
A street, improved to the satisfaction of the Planning Board,
which is one of the following: an existing Town, county or state highway
or street; a street shown on an approved subdivision final plat; a
street shown on a map filed with the County Clerk (in accordance with
§ 280-a of the Town Law) prior to Planning Board authorization
to review subdivisions; or a street shown on the Official Map of the
Town.
STREET LINE
The line between the street and a lot, or a line established
by the Official Map as the street right-of-way, whether or not in
public ownership.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as beams, columns or girders.
STRUCTURE
A combination of materials which form a construction that
is safe and stable and includes, among other things, stadiums, platforms,
radio towers, sheds, storage bins, billboards, display signs, fence(s),
fence lines, rock wall(s), retaining wall(s), stairway(s), dikes,
landscaping ties/ornamentals and/or appurtenances, tree(s), poles
and container(s) and clothes drying lines.
[Amended 5-3-2023 by L.L. No. 4-2023]
SWIMMING POOL, PRIVATE
Any constructed body of water or structure to contain 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 thereon, to a membership club or to a motel or hotel.
SWIMMING POOL, PUBLIC
Any constructed body of water or structure to contain water,
and any accessory buildings or equipment pertaining thereto, which
are operated for profit or gain and are used or intended to be used
for swimming or bathing by persons who pay admission on a daily, weekly
or other basis, including season tickets.
TENANT
A person who is the temporary occupant and has the use of
premises owned by another for the duration and term of the tenancy,
which is usually but not necessarily fixed by lease.
TOPOGRAPHICAL ALTERATION
Any change in the configuration of a surface area, including
its relief, relative elevations and position of natural or man-made
features, except those changes incidental to or normally part of agricultural
operations or home gardening. In all cases, the removal of trees over
eight inches in diameter measured three feet above the ground shall
be considered a topographical alteration.
TOWN ATTORNEY
The duly designated attorney or legal advisor of the Town
of New Windsor.
TRAILER
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle, and equipped to be used
for living or sleeping quarters or so as to permit cooking. The term
"trailer" shall include vehicles if mounted on temporary or permanent
foundations with the wheels removed.
USABLE OPEN SPACE
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the buildings on said lot for purposes
of active or passive outdoor recreation.
USE
The specific purpose for which land or a building is used
or a building is used or occupied or maintained.
VARIABLE MESSAGE DISPLAY (a/k/a DIGITAL SIGN)
A type of sign or portion thereof where the message copy
includes characters, letters or illustrations that can be changed
or rearranged electronically or mechanically without touching or physically
altering the primary surface of the sign. Message copy may be changed
in the field or from a remote location.
[Added 5-3-2023 by L.L. No. 4-2023]
YARD, FRONT
An unoccupied ground area fully open to the sky between the
street line, or the street line established by the Official Map of
the Town or an approved subdivision plat, and a line drawn parallel
thereto.
YARD LINE
A line drawn parallel to a street or lot line at a distance
there from equal to the representative yard dimension required by
this chapter.
YARD, REAR
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
YARD, SIDE
An unoccupied ground area fully open to the sky between any
property line, other than a street or rear lot line, and a line drawn
parallel thereto between the front and rear yards.