Words used in the present tense include the future; the singular
number includes the plural and the plural, the singular; the word
"person" includes a corporation as well as an individual; the word
"lot" includes the word "plot." The term "occupied" or "used," as
applied to any building, shall be construed as though followed by
the words "or intended, arranged or designed to be occupied or used."
Unless otherwise expressly stated, the following terms shall,
for the purposes of this Zoning Chapter, have the meanings herein
indicated:
A use or structure that is subordinate to the principal use
on the same lot and serving a purpose typically incidental and well
established to the principal use. In order for a use or structure
to be deemed an accessory use/customary incidental accessory use,
it must be: (a) subordinate to the principal use on the same lot,
(b) serving a purpose that is typically incidental and well established
to the principal use, and (c) unity of ownership between the principal
and accessory uses. In no case shall such accessory use dominate in
land area, extent, surface area, gross floor area or purpose to the
principal use but be minor in its association with the principal/primary
use. Examples of customary residential accessory uses and structures
are decks, satellite dish antennas, outdoor fireplaces, patios, garages,
carports, domestic gardens, and sheds. Examples of customary commercial
accessory uses and structures include parking, loading docks and areas,
signs, and the like. Accessory parking only is permitted to exceed
in size, the size of the principal use, and be deemed accessory.
An area equivalent to 43,560 square feet.
For purposes of regulating wireless communication facilities,
coverage is considered to be adequate within the service area of the
Town of Tuxedo if the minimum standards set forth by the Federal Communications
Commission to permit an applicant to operate a personal wireless communication
services are met.
A facility with a required number of medical professionals
providing care for individuals with physical or mental impairments,
in accordance with a strict staff/patient ratio, for more than five
hours a day but less than 24 hours a day. Centers may be run by an
individual, association, corporation, or institution licensed by the
New York State Department of Social Services pursuant to 10 NYCRR
425.
Includes adult bookstores, adult video stores, adult motion-picture
theaters, adult mini-motion-picture theaters, adult cabarets, and
adult drive-in theaters, which shall be defined as follows:
ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined herein.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
ADULT MOTION-PICTURE THEATERA building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity of less than 50 used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT CABARETAn establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT DRIVE-IN THEATERA drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
Any establishment which offers or purports to offer massage
or other physical contact to patrons. Medical offices, offices of
persons licensed or authorized under the Education Law to practice
massage therapy, offices of persons licensed or otherwise authorized
by the Education Law as physical therapists or physical therapist
assistants and electrolysis, martial art studios and dance studios
are not to be considered adult physical contact establishments.
Any business which:
Is the use of land, structure or location for an adult entertainment
business or as an adult physical contact establishment as herein defined;
or
Is any use of land, structure or location which, by the provisions
of the Penal Law, is required to restrict the access thereto by minors;
or
Is an establishment, location, building or structure which features
topless dancers, nude dancers or strippers, male or female; or
Is a location, building or structure used for presenting, lending
or selling motion-picture films, videocassettes, cable television
or any other such visual media, or used for presenting, lending or
selling books, magazines, publications, photographs or any other written
materials distinguished or characterized by an emphasis on matter
depicting, describing or relating to specific sexual activities or
specific anatomical areas as defined herein.
Any use involving the processing of stone, soil, wood, metal,
or other raw materials through crushing, sifting, sorting, material
screening, splitting, blasting or other means.
A use involved in the processing, warehousing, distribution,
marketing and retailing of agricultural products and which is not
otherwise defined in this Zoning chapter, including food preparation
and packaging, farm equipment manufacturing and like industries. This
definition shall not include slaughterhouses, animal rendering, high
density animal farming, or vertical farming which demand high quantity
of input such as water, or similar uses.
Land and on-farm buildings, equipment, uses, activities,
and practices which contribute to the production, preparation, and
sale of crops, livestock and livestock products as a commercial enterprise.
Horse boarding operations are deemed agricultural uses. The term "agriculture"
specifically excludes slaughterhouses and concentrated animal feeding
operations (e.g., factory farms for high-density animal production).
Timber operations are not permitted as an agricultural use. The production
of compost, soil or other biomass products is not an agricultural
use but is allowed solely where it is accessory to and a product of
the operation of an agricultural use. The clearing of land for an
agricultural use is permissible, provided an applicant has first obtained
a clearing, filling and grading permit specifically for said purposes
and any other permits and approvals from applicable agencies.
Activities conducted in association with an agricultural
use and offered to the public, including the sale of agricultural
products, education, recreation or active involvement in the farm
operation. An agritourism activity is secondary to the principal agriculture
use. Agritourism activities may be conducted in an accessory building.
Agritourism activities include, but are not limited to, "u-pick" operations.
A change or rearrangement in the structural parts of a building
including any enlargement.
Wireless communication towers (as later defined herein) that
lessen the visual impact of such towers through the use of man-made
trees, clock towers, bell steeples, light poles and similar alternative
designs, including structures that camouflage or conceal the presence
of antennas or towers. Structural designs intended to conceal antennas
or towers is also referred to as "stealth" design.
An establishment accredited by the American Animal Hospital
Association or similar national accreditation where animals are provided
medical care by a NYS licensed veterinarian and where the boarding
of animals is short-term and clearly incidental to its medical care.
Any building, structure or premises in which domesticated
household pets, such as dogs and cats, are kept, boarded or trained.
Facilities and land used to house, protect and rehabilitate
animal species. For purposes of this Zoning Chapter, permissible animals
shall include those which are indigenous to the northeast, as well
as any avian species, and those that do not to pose a health or safety
concern to adjoining uses as may be determined by the Planning Board
during review of an application. The animal sanctuary shall be accredited
by the American Sanctuary Association.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
A retail use involving the sale or trading of articles of
which 80% or more are over 50 years old or have collectible value.
A property owner, or a person authorized by the property
owner to make an application, seeking a determination or decision
from the Code Enforcement Officer, Planning Board, Town Board, ARB
or Zoning Board of Appeals with regard to this Zoning Chapter.
Architectural Review Board of the Town of Tuxedo. In accordance with Article IV, the functions of the ARB are currently performed by the Planning Board.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of this Zoning Chapter.
A retail use engaged in the sale, loan or display of art
books, paintings, sculpture, or other works of art. This use does
not include libraries and museums.
A commercial use involving the sale of gasoline and any other
motor vehicle fuel, oil and other lubricating substances, which may
or may not include electric vehicle charging or the sale of minor
motor vehicle accessories, and which may or may not include facilities
for otherwise servicing motor vehicles, but not including the painting
thereof by any means. This use also may include a convenience store
for the sale of prepared foods, household goods and groceries.
A commercial use wherein motor vehicles, including their
mechanical systems and body structure, are repaired. This use also
includes automotive painting conducted in conjunction with the repair
work.
A commercial use for the sale and consumption of alcoholic
beverages primarily on site and for the purchase of prepared food
such as sandwiches, soups, and similar items as an accessory use as
may be required or permitted by applicable New York State licensing
requirements.
The space of a building that is partly below grade which
has more than half of its height measured from floor to ceiling above
the average established curb level or finished grade of the ground
adjoining the building.
A zoning district that establishes the regulations governing
allowable land uses and bulk dimensional requirements for a specific
geographic area of the Town of Tuxedo.
Overnight accommodations in an owner-occupied single-family
detached dwelling or on the same premises, involving the rental of
guest sleeping rooms, with meal service served to guests but with
no full-service restaurant facilities.
A sign 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.
A non-relative person that occupies a bedroom in a dwelling
unit and who pays cash or offers a noncash service (e.g., the conducting
of chores) as remuneration for occupying said room.
An establishment containing sleeping rooms with or without
kitchen facilities, together with bathrooms shared in common with
other guests who are not a family and that are designed or intended
to be occupied and rented.
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
same as if no building were present; the term "building" shall include
the term "structure" as well as the following:
Fences.
Walls, other than retaining walls supporting a grade separation
of four feet or less.
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.
Porches, outdoor bins and other similar roofed structures.
A facility or area of land for the storage of materials,
equipment and/or commercial vehicles utilized by building and construction
contractors, craftsmen and tradesmen, and may include offices related
to such activities. Retail or wholesale trade of any contractor materials
or supplies is not a permitted accessory use. Aggregate material processing
of organic or inorganic materials including rock crushing, mulching,
or soil screening is also not a permitted accessory use. The outdoor
storage of materials and equipment shall require a special use permit
from the Planning Board.
The Code Enforcement Officer of the Town of Tuxedo.
A line, parallel to the street line, which passes through
the plane of the principal building nearest the front lot line.
A building or buildings in which is conducted the principal
use of the lot on which said building is located.
A use, building or structure which does not conform to the
bulk requirements of this Zoning Chapter for the district in which
it is situated.
An area of land in which office and other nonindustrial,
commercial uses grouped together and constructed as part of a planned
development sharing common utilities and roadways, and wherein said
uses are designed in a park-like setting with common signage and architectural
design. A business park may be in a single ownership but shall managed
under unified control. The site may be subdivided into individual
parcels or may be maintained in single ownership, but it must be operated
and managed under unified control. A Business Park allows nonindustrial,
nonresidential uses that are otherwise allowed in the applicable zoning
district. The uses in the business park shall otherwise meet any special
use permit standards for individual uses.
Mechanical facilities for the washing, waxing, and vacuuming
of passenger vehicles, recreational vehicles, light-duty trucks and
vans, but not heavy-duty trucks or trailers.
A dwelling occupied by a guard or caretaker who is responsible
for managing or providing security to a residential or nonresidential
use located on the same lot as such use. Only one accessory dwelling
and only one caretaker, guard or watchman shall occupy the lot which
they serve, and the accessory dwelling shall comply with the bulk
requirements applicable to the principal use and any specific bulk
requirements established for this use.
That space of a building that is partially or entirely below
grade which has more than half of its height measured from floor to
ceiling below the average established curb level or finished grade
of the ground adjoining the building. A cellar shall not be considered
in determining the permissible number of stories.
Land and buildings, whether privately or publicly owned or
operated, used for the disposal or burial of deceased human beings,
by cremation or in a grave, mausoleum, vault, columbarium or other
receptacle. Such term shall also include land and accessory buildings
including but not limited to ground-maintenance-related storage facilities,
tools and equipment. A crematory is not deemed an accessory use or
building to a cemetery.
Facilities serving 10 or more dwellings on a lot or more
than one lot with collection and treatment of wastewater prior to
discharge to an approved disposal location or any centralized system
requiring NYS Department of Health permits.
Facilities providing 10 or more dwellings on a lot or more
than one lot with a common water supply or any centralized system
requiring NYS Department of Health permits.
The Zoning Chapter of the Town of Tuxedo.
A program or facility caring for children for more than three
hours per day per child in which "child day care" is provided by a
"child day-care provider" except those programs operating as a "group
family day-care home," a "family day-care home," and a "school-age
child-care program." The quoted terms are as defined in Section 390
of the New York Social Services Law. A child day-care center shall
be registered or licensed with the New York State Office of Children
and Family Services.
A method of harvesting where substantially all trees on a
site are removed. This term shall include the topping of trees and
tree cutting regardless of whether a tree stump and roots remain.
Any activity that removes the vegetative surface cover. This
term shall include the topping of trees and tree cutting regardless
of whether a tree stump and roots remain.
An accessory building or structure used as a private club
or social organization center. Examples include a golf clubhouse or
a clubhouse for a homeowners' association within a multifamily residential
development.
A subdivision plat or plats, approved pursuant to this Zoning
Chapter, and consistent with the provisions of Section 278 of New
York State Town Law, in which the Zoning Chapter is modified to provide
an alternative permitted method for the layout, configuration and
design of lots, buildings and structures, roads, utility lines and
other infrastructure, parks and landscaping in order to preserve the
natural and scenic qualities of open lands.
An officer duly appointed by the Town Board, whose position is established by Chapter 37 of the Code of the Town of Tuxedo, NY, and responsible for the enforcement of the provisions of this Zoning Chapter. Also referred to herein as "CEO."
The cutting and removal (harvesting) of trees from a tract
or tracts of land totaling 25 or more acres in any one year pursuant
to a CFG permit, excluding, however, five standard cords which may
be cut annually by the owner for his own use. Selective cutting only
is allowed. The clearing of lands for agricultural or building purposes
or utility line rights-of-way shall be excluded from this definition.
Recreational activities conducted entirely within a building,
including team or individual sports and related health and exercise
facilities operated on a commercial or fee basis. An indoor recreation
use may include accessory uses, such as food service facilities, meeting
rooms, video or computer game facilities, sales of sport- or exercise-related
equipment or clothing, and other accessory uses clearly incidental
to the recreational activity. Indoor commercial recreation uses include,
but are not limited to, a gymnasium, fitness center, bowling alley,
skating rink; tennis and other racquet courts, field house, indoor
track, indoor basketball, indoor pool house, indoor shooting range.
Recreational activities conducted outside of a building which
include: ball fields for soccer, baseball, softball, and similar sports;
tennis and racquet courts; swimming; non-motorized bike trails; hiking;
miniature golf; and similar outdoor activities conducted on a commercial
or fee basis. An outdoor recreational use may also include accessory
uses and buildings, such as a clubhouse, food stand, offices, and
other uses accessory and incidental to the outdoor commercial use.
Outdoor recreation includes batting cages and driving ranges. Golf
courses are regulated as a separate use.
Any vehicle licensed and used in the operation or conduct
of a business, whether or not said vehicle is situated on the lot
on which said business operates.
All areas of a property held in common ownership for common
use. Common facilities may include but are not limited to: land on
which common buildings are located; yards, gardens, recreational or
community facilities, parking areas and storage spaces; all other
parts of a development necessary or convenient to its existence, maintenance
and safety, and in common use.
The most recently adopted Town of Tuxedo Comprehensive Plan.
A building or buildings designed for conferences, seminars,
meetings, and accessory uses used principally by conference center
patrons, such as restaurants or recreation facilities.
An easement, covenant, restriction or other interest in real
property which limits or restricts development, management or use
of such real property for the purpose of preserving or maintaining
the scenic, open, historic, archaeological, architectural, or natural
condition, character, significance or amenities of the real property.
A type of medical care facility which may or may not be staffed
by medical professionals providing short-term overnight care and recovery
for persons after surgeries and illness. Also refers to an inpatient
rehabilitation facilities or nursing facilities.
A retail business that may stock a variety of household and
food items including groceries, alcoholic beverages such as beer,
snacks, tobacco products, toiletries, magazines, newspapers, and sundries.
The percentage of the area of a lot covered by all principal
and accessory buildings.
The percentage of the area of a lot covered by buildings,
structures, parking areas, and other impervious surfaces on a lot.
A studio or other space used by an artist or artisan for
the development, display, and sale of art or the instruction in a
personal artistic skill such as fine arts, crafts, dance, martial
arts, yoga, music, and similar uses.
An indoor or outdoor facility for the live performance of
dance, drama, music, or similar artistic performances, including but
not limited to amphitheaters, pavilions, concert halls and other musical
and performing arts performance areas together with administrative,
food service, interpretive and learning centers and museums, parking,
seating facilities together with various other accessory uses to accommodate
performing arts patrons. Instructional courses in the performing arts
are allowed accessory to an arts center. This definition does not
include facilities principally used to display movies or other non-live
performances. Nothing herein shall be construed to permit adult entertainment
uses in conjunction with a cultural and performing arts center.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
A commercial use where a combination of professionally administered
personal care treatments such as massages, facials, body wraps, salt
scrubs, and other body treatments are performed. Manicures, pedicures,
and hair salon uses may also be conducted. The facility is only visited
in connection with a treatment and only on a daily basis and the visitation
does not involve an overnight stay or accommodation. If any such services
are required to be licensed by the State of New York, then no such
services may be conducted without a valid and current license.
See "coverage, development."
The practice of harvesting all of the trees on a parcel that
are larger than a certain diameter.
An establishment with physical facilities, service or by
packaging procedures, that allows customers to receive services and
obtain goods while remaining in their motor vehicles. Where permitted,
drive-through facilities are allowed accessory to a principal use
only and shall require a special use permit.
A commercial use for pickup and delivery only of dry-cleaned
garments or laundry. Tailoring services are allowed accessory to a
dry-cleaning establishment.
An area, lot or parcel where refuse is deposited, stored,
or abandoned.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for one family, 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, boarding house, convalescent home, fraternity
or sorority house, hotel, lodging such as hotels, nursing or other
similar home or other similar structure shall not be construed to
be a dwelling unit.
A building containing three or more dwelling units each on
its own lot in which each unit (1) extends from the foundation to
the roof, (2) has open space on at least two sides, and (3) has a
separate means of egress. Also commonly referred to as a "townhouse."
A detached building on a single lot containing one dwelling
unit only.
A building consisting of two dwelling units, which do not
share a common floor or ceiling, but which share a party wall, each
dwelling on its own individual lot.
A building on a single lot containing two dwelling units
which share a common floor or ceiling.
A building on a single lot consisting of three or more dwelling
units that share a common floor or ceiling.
A facility in which activities associated within the development
and production of sound, film, video and similar media take place.
Nothing herein shall be construed to permit an adult use business
in connection with an entertainment production studio.
The architectural style and general arrangement of any portion
of the exterior of a building visible from a road, sidewalk or other
public way including kind, color and texture of building materials
and type of all windows, doors, lights, signs, fixtures, or other
accessory structures appurtenant thereto.
One person occupying a dwelling unit, or two or three persons
occupying a dwelling unit who pay a single shared amount for rental
or mortgage purposes, or four or more persons occupying a dwelling
unit and living together as a traditional family or the functional
equivalent of a traditional family. It shall be presumptive evidence,
subject to rebuttable presumption, that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family. In determining whether individuals are living together as
the functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, structure and function
resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
Common ownership of furniture and appliances among the members
of the household; and
The group is not transitory or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
A family home which is a personal residence and occupied
as a family residence which provides a child day care on a regular
basis for more than three hours per day per child for three to six
children for compensation or otherwise, except as may be otherwise
be regulated in accordance with 18 NYCRR Part 417, as may be amended
from time to time, and registered by the New York State Office of
Children and Family Services.
A family home which is a personal residence and occupied
as a family residence which provides child day care on a regular basis
for more than three hours per child for seven to 12 children for compensation
or otherwise, except as may be otherwise be regulated in accordance
with 18 NYCRR Part 416, as may be amended from time to time, and licensed
by the New York State Office of Child and Family Services.
A building and premises for the seasonal sale of agricultural
products grown primarily within the Hudson Valley region.
A structure used for the seasonal display and sale of agricultural
products grown on the premises on which the stand is located, and
which uses its proximity to a roadway to attract customers.
Acronym for "Federal Emergency Management Agency."
An unroofed wall or barrier or construction of materials
made from concrete, wood, plastic, wire, stone or other materials
erected on premises for the purpose of enclosing an area of land,
including berms and retaining walls if located beneath same.
The placement of soil, rubble, spoils, rocks and/or any other
appropriate fill on any property for the purpose of raising or elevating
any portion of a property. "Filling" shall not include the burying
of garbage, demolition or construction waste, trash or hazardous materials
of any kind. The placement of fill containing garbage, demolition
or construction waste, trash or hazardous materials is prohibited.
The gross floor area, in square feet, of all principal and
accessory buildings on a lot divided by the area of such lot, in square
feet.
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. Cellar areas used for storage only or to house mechanical
equipment for operation and maintenance of the building shall be excluded
from the computation of gross floor area.
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 rooms within the
dwelling unit and all attic space having a clear height of six feet
from finished floor level to pitch of roof rafter, 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.
A unit of illuminance amounting to one lumen per square foot
as measured 36 inches above the ground at the brightest point.
A nonresidential commercial facility used for the bulk storage
of fuel oil or petroleum products from which the product is transported
to end users or other off-site storage facilities. A fuel storage
depot has aboveground storage tanks for the storage of fuel and may
also include offices and accessory parking for employees and vehicles
to distribute fuel to customers.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
The eye's line of sight contact with a direct light source
that causes annoyance, discomfort, or loss in visual performance and
ability.
Premises having not fewer than six holes improved with tees,
greens, fairways, and hazards for playing the sport of golf, excluding
miniature golf. Accessory structures and buildings may include but
are not limited to a driving range, clubhouse, locker room, food stand,
restaurant, banquet or conference rooms. Overnight accommodations
are not permitted. A single dwelling for a groundskeeper is permitted
subject to the regulations set forth in this Zoning Chapter. Golf
courses, whether private or public, shall be regulated as set forth
herein.
Any act by which earth, sand, gravel, rock, or any other
similar material is cut into, dug, uncovered, removed, displayed,
or spread.
A retail use that sells primarily food and miscellaneous
other household goods and is usually operated on a self-service basis.
A grocery store may also have a deli counter, butcher, florist, bakery,
and other service counters associated with its operation.
Any habitable room used as a sleeping accommodation for transient
occupancy in a bed and breakfast, hotel, motel or resort lodge.
Material which is a present or potential hazard to human
health or the environment including, without exception, all residual
oil, hydrocarbon products, including but not limited to gasoline,
oil, fuel, and diesel oil, and also any other toxic, caustic, or corrosive
chemicals, radioactive materials or other substances listed in the
Title 40 of the Code of Federal Regulations or the New York State
Department of Environmental Conservation Rules and Regulations for
Hazardous Material (6 NYCRR 597)
A building where active exercise and related activities are
performed utilizing weight control or muscle-building equipment or
apparatus for the purpose of physical fitness. A health fitness facility
may also include, as accessory uses, services and activities provided
in conjunction with a day spa, a day-care room, physical therapy activities,
and refreshments.
Assembly or packaging of products from previously prepared
components or materials, including but not limited to metal, wood,
cloth, plastic, paper, leather, precious or semi-precious stones.
No more than 35% of the gross floor area of an assembly use shall
be used for distribution of assembled materials, which shall include
any area dedicated to loading platforms and loading docks.
The height of the luminaire shall be the vertical distance
from the ground directly below the center line of the luminaire to
the lowest direct light emitting part of the luminaire.
The vertical distance, measured from the average elevation
of the finished grade along the side of the structure fronting to
the nearest street, to the highest point of such structure, excluding
a chimney.
Any nonresidential use conducted wholly or partly in a dwelling
unit or accessory structure thereto by the owner of same, which is
clearly incidental to the use of the dwelling for living purposes
and does not change the residential character of the dwelling unit
or vicinity or have any exterior evidence of such secondary use other
than a sign and where customers, clients or sales representatives
enter the premises and in which not more than three nonresidents are
employed.
Any nonresidential use that is incidental and clearly subordinate
to an existing residential use, conducted within a dwelling unit or
in an existing accessory structure by the owner of same, which does
not change the residential character of the dwelling unit or vicinity
and where no nonresident employees, customers or clients enter the
premises and where no signage, exterior storage of products or equipment
are required.
An association that is organized in a development to own,
operate and maintain facilities for residents of the development.
A horse boarding operation provides care, housing, health,
related services and training to horses kept on the premises or on
other properties owned or leased by the operator. Riding and training
activities not open to the general public, which are directly related
and incidental to the boarding and raising of horses, including riding
lessons for persons who own or have a long-term lease from the operator
for the horse that is boarded at the farm, are part of the operation.
Riding academies and horse racing operations are not deemed to be
a horse boarding operation.
A hospital is a facility established pursuant to Article
28 of the New York State Public Health Law as the same may be amended
from time to time engaged in providing medical or medical and surgical
services primarily to inpatients by or under the supervision of a
physician on a twenty-four-hour basis with provisions for admission
or treatment of persons in need of emergency care and with an organized
medical staff and nursing service, including facilities providing
services relating to particular diseases, injuries, conditions or
deformities. The term 'hospital' shall include such other and related
facilities which may or may not be established pursuant to Article
28 of the New York State Public Health Law, including but not limited
to laboratories, outpatient, diagnostic and treatment facilities and
pharmacy, together with the appropriate office and related support
facilities. A hospital shall be deemed to include a sanitarium, clinic,
convalescent home, nursing home, rest home, or other building with
an equivalent appellation. The term 'general hospital' shall not include
a residential health care facility, public health center, diagnostic
center, treatment center, outpatient lodge, dispensary and laboratory
or central service facility serving more than one institution.
A commercial use which offers transient lodging accommodations
to the general public seven days per week with separate guest sleeping
rooms, none of which units have direct access to the outside except
through a hallway used for both access and for emergency purposes.
A commercial use consisting of overnight accommodations wherein
in guest sleeping rooms are accessed from a lobby location and shared
interior hallways, within a building or group of buildings, regularly
provided and offered to the public for a period of less than 30 consecutive
days for compensation, and which is customarily open to transient
guests. Accessory uses to a "hotel" may include a dining area, lounge,
meeting rooms, swimming pool, office area for the conduct of business,
indoor or outdoor fitness area, and other accessory uses determined
accessory and appropriate during special use permit review.
Density of luminous flux incident on a surface. The unit
is a footcandle or lux.
The Illuminating Engineering Society of North America is
a nonprofit organization that develops and publishes standards regarding
lighting. Headquartered in New York City, United States, IESNA standards
are in effect throughout all of North America with its nearly 8,000
members. Internationally, IESNA collaborates with the International
Commission on Illumination to promote uniformity with the rest of
the world.
Manmade surfaces, improvements and structures that cannot
effectively infiltrate rainfall, snowmelt and water. This includes
paved, concrete and gravel surfaces (i.e., parking lots, driveways,
roads, runways and sidewalks), building rooftops and miscellaneous
impermeable structures such as patios, pools, and sheds.
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.
A building 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 performance standards set forth in this Zoning Chapter.
An area for the collection, storage and loading of timber
for transportation.
Lighting, which is positioned and aimed to illuminate foliage,
walkways, driveways, decks, patios, and other pedestrian areas whether
or not mounted on a structure.
The sale of landscape materials, including the sale of trees,
shrubs, or plants. Sale and storage of garden supplies, including
hand tools, mulch, soil, decorative rock, pavers, and similar nonvegetative
materials shall be allowed only where clearly incidental to the principal
use and said accessory materials shall not occupy more than 15% of
the lot area. The materials aggregate processing of organic or inorganic
materials including rock crushing, mulching, or soil screening are
not permitted in conjunction with this use.
A commercial establishment equipped with individual clothes
washing and/or drying machines that are operated by the retail customer.
A room, building, or institution where a collection of books,
newspapers, records, tapes, or other research materials are kept.
Assembly or packaging of products from previously prepared
components or materials, including but not limited to electrical parts,
metal, cloth, plastic, paper, leather, precious or semi-precious stones,
which is conducted on a small scale, which does not involve the use
of heavy-duty vehicles for delivery of materials or distribution,
and which shall occupy no more than 5,000 square feet of gross floor
area. Any use exceeding this gross floor area, or which relies on
heavy duty vehicles shall be deemed a heavy assembly use.
A use engaged in the manufacture, predominately from previously
prepared components or materials, of finished products or parts, including
processing, fabrication, assembly, treatment, packaging, and incidental
storage, and distribution of such products, but excluding basic industrial
processing. A light industry use shall be required to meet the performance
standards set forth in this Zoning Chapter.
Fully shielded luminaire light fixture which can control
the glare in any direction.
FULLY SHIELDEDAn outdoor lighting fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above a 90° horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and direct glare will result.
OUTDOORAn electrically powered illuminating device or other outdoor lighting fixture, including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, flood, and area lighting for buildings and structures; recreational areas; parking lot lighting; landscape lighting; signs (advertising and other); streetlighting; product display area lighting; building overhangs; and open canopies.
PARTIALLY SHIELDEDA light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from property lines, roadways, or into waterways.
RECESSED CANOPYAn outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
WALL PACKA lighting unit designed for direct mounting on building walls whose primary function is to light building exteriors.
Gasoline and other petroleum products which have a flash
point below 100° F. to be dispensed through fuel service facilities.
Animals, including but not limited to domestic animals, such
as pigs, sheep, horses, cattle, llamas and goats, but excluding traditional
household pets.
A parcel of land whose boundaries are established by legal
instrument, such as a recorded deed or map, and which is recognized
as a separate parcel for the purposes of transfer of title.
The distance between the front lot line of a lot to the rear
lot line of such lot measured at any point perpendicular to the front
lot line.
The horizontal distance measured along the full frontage
of the front lot line. For purposes of meeting minimum lot frontage
requirements, the minimum lot frontage must be contiguous, i.e., minimum
lot frontage shall not be met by the sum of multiple frontages.
A boundary line of a lot.
The lot line abutting the street except that where a front
lot line is located within a street (e.g., public user road), the
front lot line shall be the line set back a minimum distance of 25
feet from the center line of the street.
The lot line generally opposite and parallel to the front
lot line.
Any lot line other than a front lot line or rear lot line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum required front yard
depth.
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°.
A lot not meeting the minimum required lot width as measured
at the required front yard line but having the required lot width
measured at a point somewhere in the interior of the lot. Flag lots
are not permitted.
A lot, other than a corner lot, having lot frontage on two
streets.
A complete lighting system, including a light source component
(lamp or lamps that produce the actual light) and a fixture.
One lumen per square meter; unit of illuminance.
A building or buildings with accessory parking and loading
areas providing for a variety of retail, commercial and other nonresidential
uses, as may be allowed in this Zoning Chapter, managed as a unit
and which shall have the following characteristics:
Unified architectural treatment and signage and identifiable
theme relating each of the commercial establishments within.
A common interrelated parking and site circulation system with
consolidated vehicular access to a street.
Individual establishments oriented to pedestrian traffic by
access signs and display, which are not generally visible or only
incidentally visible to the parking areas.
Shared amenities provided to patrons, such as benches, site
decoration and landscaping and park area, restrooms and the like.
Common spaces.
Governmental buildings and uses that are owned or operated
by the Town of Tuxedo, the Tuxedo Fire District, the Tuxedo Ambulance
Corps, the Tuxedo Library, or public school district servicing the
Town of Tuxedo, or other uses so determined by the Town Board.
A place or building where objects of historical, artistic,
or scientific interest are exhibited, preserved, or studied and open
for viewing by the general public.
Timber Harvesting Guidelines for New York, as published by
the New York State Department of Environmental Conservation, as revised
from time to time.
See "bulk, noncomplying."
Any use of a building, structure, lot or land, or part thereof,
lawfully in existence, which use, owing to an amendment to the Zoning
Chapter, no longer conforms to the use regulations of this Zoning
Chapter for the district in which it is located.
A facility registered by the New York State Education Department
and organized for the purpose of educating a group or groups of six
or more children less than seven years of age, under the supervision
of qualified teachers, providing an adequate program of learning activities
and maintaining good standards of health and safety.
New York State Department of Environmental Conservation.
New York State Department of Transportation.
New York State Office of Parks, Recreation, and Historic
Preservation.
A use where services are performed involving predominately
administrative or clerical operations for either business or professional
purposes as follows:
Business: A place or establishment used for the organizational
or administrative aspects of a trade or used in the conduct of a business
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices of
salesmen, sales representatives, insurance brokers, real estate brokers
and persons with similar occupations.
Professional: An office devoted to a professional service occupation,
in which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge. A professional office may include but not
be limited to the office of an accountant, architect, consultant,
engineer, or attorney.
Medical: An office devoted to medical or dental care dispensed
to persons on an outpatient basis by physicians or other medical professionals
licensed in the State of New York, either singly or as a group, which
may also offer laboratory and diagnostic facilities to patients on
an outpatient basis.
The Official Map, adopted 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.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
A zoning district that imposes additional regulations for
a specific area in addition to the regulations that govern the base
zoning district.
A portion of a lot used for the accessory storage or parking
of motor vehicles, with or without the payment of rent or charges
in money and/or other consideration, accessory to a principal use
allowed within the district in which it is located.
A stall or berth which is arranged and intended for the parking
of one motor vehicle.
A partition erected on a property boundary, partly on the
land of one parcel and partly on the land of another, to provide common
support to the structures on both sides of the boundary.
Any individual, partnership, firm, company, association,
society, corporation, group or similar entity.
Commercial use including but not limited to barber shops,
hair, nail, and tanning salons, shoe repair shops, bicycle repair
shop, appliance repair shop, tailor and seamstresses, financial services,
in which the product offered is the work or action performed. Personal
service uses shall not be deemed to permit adult use businesses.
A domesticated animal kept by a household for companionship
and enjoyment such as cats, dogs, birds, reptiles, aquarium fish,
and hamsters, which are normally and conventionally boarded in a residential
dwelling or on a residential lot.
A building or location set aside in a certain area pursuant
to a community benefit facility special permit for any form of religious
devotion, ritual, or service showing reverence, especially for a divine
being or supernatural power.
The Planning Board of the Town of Tuxedo, New York.
The primary purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
A person who has graduated from a professional forestry degree
program accredited by the Society of American Foresters, or who possesses
qualifications for the practice of forestry essentially equivalent
to same.
A temporary, seasonal public outdoor gathering for amusement
or entertainment purposes, including but not limited to circuses,
outdoor concerts, carnivals, fairs, nonmotorized sporting contests,
or other similar events, allowed only upon special use permit approval
by the Town Board and for a duration of time approved by the Town
Board in conjunction with the issuance of a special use permit.
Lands owned by the U.S. government, State of New York, Orange
County, Palisades Interstate Park Commission, Town of Tuxedo, Village
of Tuxedo Park, or other governmental entity or agency used for recreational
and open space purposes, which may include trails, parking areas,
camps, and similar activities.
Any person, firm, corporation, or governmental agency, duly
authorized to furnish to the public, under governmental regulation,
electricity, gas, cable television, telephone, including transmission
and distribution facilities and similar services. Also, a municipally
owned wastewater treatment or water supply system, or a waterworks
corporation or sewage works corporation formed under the provisions
of the New York State Transportation Corporations Law and approved
by the Town Board are included in this definition.
A system of railroad track, together with the land, stations,
bridges, rolling stock, and other related accessory equipment.
A surface water impoundment designed to provide drinking
water to the public.
Where a maximum residential density is set forth in the Table of Use and Bulk Requirements for certain residential types, the dwelling unit count for a development shall be determined by multiplying the residential density by the lot area after exclusion of the features set forth in Section 98-12 of this Zoning Chapter.
A commercial use consisting of overnight accommodations with
guest sleeping rooms, within a building or group of buildings that
incorporate indoor and/or outdoor recreational facilities as integral
and accessory uses into the overall design of the resort. A resort
lodge may also include meeting rooms or conference center, dining
facilities, and other areas for social gathering.
A sit-down restaurant which is located within the same building
as a principal use. The restaurant shall represent no more than 35%
of the total gross floor area of the building within which the principal
use is conducted, or 3,500 square feet, whichever is less. Use of
a carhop or parking lot to bring food service to a car or use of a
drive-through facility is not permitted.
Any establishment where food is commercially sold primarily
for on-premises consumption to patrons seated at tables where food
is served at the table. Any facility making use of a carhop or parking
lot to serve food to customers in vehicles, or primarily for the consumption
of food to be eaten off-premises shall not be considered a restaurant
for the purpose of this Zoning Chapter. A restaurant where less than
50% of the gross floor area of the restaurant is dedicated to a dining
room equipped with tables and seats shall be deemed a take-out restaurant
and is not permitted under this definition. Use of a carhop or parking
lot to bring food service to a car or use of a drive-through facility
is not permitted.
Any establishment whose principal business is the sale of
foods, frozen desserts, or beverages in ready-to-consume individual
servings, for consumption either within the restaurant building, or
for carryout, and where either: 1) foods, frozen desserts, or beverages
are usually served in paper, plastic, or other disposable containers;
or 2) where there is no table service. Use of a carhop or parking
lot to bring food service to a car or use of a drive-through facility
is not permitted.
A commercial use where merchandise is sold to the general
public for personal or household use or consumption, including but
not limited to a florist, hardware store, pharmacy, convenience store,
stationary store, bookstore, clothing store, shoe store, and jewelry
store. The storage of merchandise on the premises shall be clearly
incidental and accessory to the space dedicated to retail sale of
products and shall not exceed 45% of the total gross floor area of
the building within which the retail use is situated. Unless allowed
elsewhere in this Zoning Chapter, outdoor storage is not permitted
in association with a retail use.
The Town Board, the Planning Board, or the Zoning Board of
Appeals, as the case may be, responsible for approving an action regulated
by this Zoning Chapter.
The elongated crest or the apex or the uppermost point of
intersection between two opposite slopes or sides of a mountain or
hill.
An educational institution operated by a public school district,
or combined school districts, under the laws of the State of New York.
For purposes of this Zoning Chapter, "property screen" or
"screen" shall refer to the placement of landscape materials, fencing,
retention of natural vegetation, or a combination of the above to
reduce the detrimental visual, noise, light or other environmental
impacts emanating from a property or use from impacting an adjoining
property.
A method of harvesting where trees to be cut are selected
and marked via some specified criteria before the harvesting begins.
A facility established and operated for the purpose of providing
residential housing to residents ages 55 years and older in community-integrated
settings with independent living facilities and supportive services,
such as meals, housekeeping, social activities, transportation, emergency
response and resident advisory services. The standards applicable
to multifamily dwelling developments shall apply.
A required minimum distance measured perpendicular from a
front, side, or rear property line beyond which a building or principal
use may be located.
Any temporary or permanent display of lettering, numbers,
logos, designs, colors, lights, or illumination visible to the public
from outside of a building or from a public right-of-way which conveys
a message to the public or intends to advertise, direct, invite, announce
or draw attention, directly or indirectly, to a use conducted, events,
goods, products, services, or facilities available. A sign does not
include the flag or pennant or insignia of any nation or association
of nations or of any state, city, or of any charitable, educational,
philanthropic, civic, or religious organization. A sign also does
not include a governmental sign (see "sign, governmental").
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure,
together with any frame or other material or color forming an integral
part of the display or used to differentiate such sign from the background
against which it is placed. Were the faces of a back-to-back sign
are parallel or within and no more than 35° of parallel, only
one sign face area shall be used in determining the sign area. If
the sign faces are not within 35° of parallel, the sign face area
shall be determined on the basis of the sum of the areas of each sign
face.
The supports, uprights, bracing and framework for the sign.
Any sign promoting products sold or services provided.
Any sign with a metal or wood frame which has plastic or
glass panel sign faces and is internally lit.
See "sign, advertising."
Any sign attached to a wall of a building. A facade sign
may be a wall sign, iconic sign or projecting sign.
A sign that is constructed, placed, or maintained by the
federal, state, or local government or a sign that is required to
be constructed, placed, or maintained by the federal, state, or local
government either directly or to enforce a property owner's rights.
A low-profile, freestanding sign supported by a structural
base or other solid structural features other than support poles,
which may contain a sign face on each of the two sides of the minimum
sign.
A sign illuminated by neon lamps or similar luminaires.
A sign permanently erected on a property or structure by
fastenings intended to provide such permanence.
A sign that is designed to be movable and not structurally
attached to the ground, a building, a structure or another sign. Portable
signs include but are not limited to those that allow the creation
of customized messages by way of inserting letters into a frame.
Any sign, pennant, and/or banner or similar sign which is
erected for a limited period of time and is not permanently affixed
to the ground or structure.
The following definitions shall apply to the regulation of
solar facilities:
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is anchored to the ground or attached to a pole or other mounting system, detached from any other structure.
KILOWATT (kW)A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kW is equal to one megawatt (MW).
KILOWATT-HOUR (kWh)A unit of energy equivalent to one Kilowatt (1 kW) of power expended for one hour of time.
SMALL-SCALE SOLAR ENERGY SYSTEMA solar energy system that does not produce more than 12kW per hour of energy and serves only the buildings or structures on the lot upon which the system is located. Nothing contained in this provision shall be construed to prohibit the sale of excess power through a net billing or net metering arrangement made in accordance with New York Public Service Law § 66-j or similar state or federal statute.
SOLAR ACCESSSpace open to the sun and substantially clear of overhangs or shade, including the orientation of dwellings, buildings or lots to the sun so as to permit the use of solar energy systems on individual properties.
SOLAR COLLECTORA solar photovoltaic cell, module, panel or array or a solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR ENERGY SYSTEMSolar collectors, controls, energy storage devices, heat pumps, heat exchangers and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed.
SOLAR PANELA device for the direct conversion of solar energy into electricity.
QUALIFIED SOLAR INSTALLERA person who possesses skills and knowledge related to the construction and operation of solar energy systems equipment and installations and has received safety training on the hazards involved. Persons or entities on the list of eligible solar installers maintained by the New York State Energy Research and Development Authority (NYSERDA) or are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purpose of this definition.
Any garbage, refuse, abandoned or other discarded materials
including solid, liquid, semi-solid, or contained gaseous material.
An authorization of a particular use of land or structure
which is permitted in this Zoning Chapter, subject to any general
or specific requirements imposed by this chapter to assure that the
proposed use is in harmony with the purposes of this chapter and will
not adversely affect the neighborhood if such requirements are met.
A building for the housing of horses.
A stable for housing horses on a single lot and accessory
to a single-family detached dwelling.
A facility where horses are boarded, cared for, and may be
hired for riding. The facility may include the instruction of horse
riding, jumping, and showing.
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 be 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.
A continuous or intermittent flow of water through a defined
channel.
A street is one of the following:
An existing Town, county or state highway or street.
A street shown on an approved final subdivision plat meeting
Town specifications.
A street shown on a map filed with the County Clerk, in accordance
with § 280-A of the New York State Town Law, prior to Planning
Board authorization to review subdivisions.
A street shown on the Official Map of the Town.
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.
A street which carries traffic from minor streets to the
system of highways, including the principal entrance streets of large
residential developments.
A street serving primarily to provide frontage and access
for local development rather than through traffic, as determined by
the Planning Board or as designated as a local street on the Official
Map of the Town of Tuxedo, if such exists.
Any change in the supporting members of a building, such
as beams, columns or girders.
Anything constructed or built, any edifice or building of
any kind, which requires location on or in the ground or is attached
to something having a location on or in the ground, including, but
without limitation, swimming pools, covered patios, fences, retaining
and similar walls, towers, poles, sheds, signs, tanks, etc., excepting
outdoor areas such as paved areas and walkways. The term "structure"
shall include buildings as well as receiving and transmitting commercial,
radio, television, cellular and other utility communication towers.
A property designed to allow multiple business tenants in
multiple buildings, wherein the property and buildings are designed
in a manner that incorporate sustainable or "green" technologies and
measures as further set forth in this Zoning Chapter.
A structure, whether above or below grade, designed to hold
water and used or intended to be used for swimming or bathing by any
family or persons residing on the premises or their guests. It shall
not be operated for gain and shall be located on a lot only as an
accessory use to a dwelling or dwellings, a membership club or a hotel.
A structure, whether above or below grade, designed to hold
water and used or intended to be used for swimming or bathing, and
which is intended to be operated for financial gain on a daily, weekly
seasonal, or other basis.
A selective cutting or deadening of trees in a stand of trees
for the purpose of upgrading the quality and/or growth of the trees
remaining.
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.
Retail sales or rental of merchandise used in tourism-related
businesses. For the purposes of this definition, tourism-related retail
uses shall be limited to recreational equipment sales or rental of
indoor or outdoor recreational equipment, recreation clothing outfitter,
and guide services.
Businesses involved in the small-scale production of food
and/or crafting of beverages from vegetables, fruits, grains or dairy
ingredients only, for final consumption, including a winery, brewery,
ice cream, confectionary, bakery, and cheese shop, and where an essential
and required element of the business is the operation of tours to
display the production and/or crafting process to visitors. The retail
sale of products made on the premises or to market on the premises,
as well as a dining, tasting, or drinking area is allowed accessory
to the principal use. Said retail sales and dining areas shall not
exceed 40% of the gross floor area of the total area of buildings
on the site. Food processing involving poultry, beef, fish, or similar
meat products including slaughterhouses is prohibited.
The Town-Village Board of the Town of Tuxedo, New York.
Consolidated Town-Village of Tuxedo. Also referred to herein
as "Town of Tuxedo."
See definition for "single-family attached dwelling."
A marked or established path or route which may be established
for use by pedestrians, bicycles, horses, or other nonmotorized travel
means.
Any vehicle mounted on or capable of being mounted on wheels,
movable either by its own power or by being drawn by another vehicle,
and including those vehicles capable of use for living, sleeping quarters,
or so as to permit cooking, or equipped to be used for offices, storage
or other commercial use. The term "trailer" shall also include vehicles,
if mounted on temporary or permanent foundations with the wheels removed.
Any land which is inundated by water at least three months
out of the year.
Any light source that distributes illumination above a ninety-degree
horizontal plane.
An unenclosed ground area to be used for active or passive
recreation, which is not devoted to driveways or parking spaces. Up
to a maximum of 25% of usable open space may be roofed for shelter
purposes such as a picnic pavilion or similar open air recreational
building, provided the minimum linear dimension of such covered space
is 40 feet. Such usable space shall be available and accessible to
all occupants of the buildings within the development.
The specific purpose for which land or a building is used,
occupied or maintained.
Authorization by the Zoning Board of Appeals for the use
of land for a purpose which is otherwise not allowed or is prohibited
by this Zoning Chapter.
See "nonconforming use."
See "principal use."
An arrangement of activities and areas for informal education
and entertainment, consisting of permanent structures and facilities
on landscaped grounds. Such centers may include museums, gardens,
arboretums, conference and banquet halls, hiking and nature trails,
ski runs, sports and recreational areas and facilities, picnicking
grounds, zoos (other than open preserves or reservations), concert
facilities and show stages of a permanent type. Specifically excluded
are rides and games associated with amusement park uses, carnival
shows, or roller coasters.
A graphic rendering painted on the facade of a building visible
from a street right-of-way. A wall mural intended and perceived as
artistic expression which does not identify a business or use conducted
on the premises shall not be regulated as a sign but shall be approved
by the Town Board. Nothing herein shall be construed to allow a billboard
as a wall mural.
A use engaged principally in the indoor storage, wholesale,
and distribution of manufactured products, supplies and equipment,
excluding bulk storage of materials that are inflammable or explosive
or that present hazardous conditions. Nothing herein shall be construed
to permit retail sale of merchandise to the general public or by membership.
An open and unobstructed ground area of a lot, which area
extends inward from the nearest lot line to a principal building or
use and is unoccupied except for accessory uses or structures that
may be permitted by this Chapter.
A required yard is that portion of any yard extending inward
from a lot line the minimum distance specified in the bulk requirements
for the district in which the lot is located.
The required yard measured between the front lot line and
a line drawn parallel thereto.
The required yard measured between the rear lot line and
a line drawn parallel thereto.
The required yard measured between a side lot line and a
line drawn parallel thereto.
The Zoning Board of Appeals of the Town of Tuxedo, NY.
Zoning Local Law of the Town of Tuxedo, New York, as may
be amended from time to time. Also referred to herein as the "Zoning
Chapter" or "Chapter."
