The word "shall" is always mandatory. "Building" or "structure" includes
any part thereof. The word "lot" includes the word "plot" or "parcel."
The word "person" includes an individual person, a firm, a corporation,
a copartnership and any other agency of voluntary action.
ACCESSORY USE
A use or building on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure. All
accessory buildings and structures must comply with setback requirements.
No building with plumbing shall be considered permitted accessory
use, except for a garage with a door or doors permitting vehicular
access. No accessory structures shall be placed in a front yard.
ADULT USE
Adult entertainment uses as defined in §
75-2 of this Code. Adult uses are allowed as special uses in the Industrial District on parcels with direct access to U.S. Route 9W.
AGRICULTURE
Raising of crops, animals and animal products, and other
commonly accepted agricultural operations for commercial purposes
including the sale of related agricultural products. Includes growing,
processing or sale of fire wood and Christmas trees, and milling of
trees harvested on site for use on site, but does not include forestry.
BOARDINGHOUSE
A building, other than a hotel, containing a general kitchen
and a general dining room, in which at least one but no more than
eight sleeping rooms are offered for rent, with or without meals.
A lodging house, tourist house, or rooming house where transient use
is for 30 days or more shall be deemed a boardinghouse.
BUILDING
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals, or personal property, and affixed to
the ground.
CANNABIS DISPENSARY
A business that sells cannabis or cannabis-derived products
for off-site consumption.
CANNABIS LOUNGE
A business that sells cannabis or cannabis-derived products
for on-site consumption.
COASTAL AREA
The Town's coastal waters and the adjacent shorelands as generally shown on the Catskill Town
Zoning Map, and referred to more specifically in Section One of the
Catskill Local Waterfront Revitalization Program.
COMMERCIAL
Any use generating or intending to generate income.
CONDOMINIUM
A multifamily dwelling containing individually owned apartments,
where the real property title is vested in a single owner. The owners
of the apartments have rights in the common areas and facilities which
serve the development.
CONSTRUCTION YARD/STORAGE YARD
Any space, whether open space, or inside or outside a building,
used for storage or keeping of more than one piece of a construction
equipment, machinery, vehicles or parts thereof, whether or not in
active use, by a construction contractor. This includes a storage
yard for building materials and/or equipment intended for commercial
use.
CULTURAL FACILITIES
Uses which include art galleries, creative arts space, libraries,
museums and historic sites and the like.
DAY NURSERY
Any place, however designated, operated for the purpose of
providing daytime care, instruction or recreation for two or more
children and operated on a regular basis, including kindergartens,
day nurseries and day-care centers.
DWELLING
A building designed or used principally as the living quarters
for one or more families.
DWELLING, MULTIPLE-FAMILY
A building with three or more dwelling units, each unit having
a complete kitchen, and all units accessible through one direct entrance
from the outside of the building. This does not include condominiums
or townhouses. This includes upper floor apartments over ground floor
commercial uses.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families
living independently of each other.
FAMILY
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage, shall be deemed to constitute
a family unit. A fraternity club or boardinghouse shall not be considered
a family.
FORESTRY
Commercial milling, processing or sale of trees, wood and
wood products. Does not include processing or sale of firewood or
Christmas trees, or milling of trees harvested on site for use on
site.
HOME OCCUPATION
Any commercial use customarily conducted entirely within
a dwelling or accessory structure which is clearly incidental and
secondary to the use of the lot; does not change the character of
the dwelling; has no external evidence of such use or exterior storage
of materials or equipment; and is carried on by residents of the dwelling
or dwellings, except that no more than two persons not residents of
the dwelling may be employed.
HOTEL
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may contain one or more dining rooms.
INSTITUTIONAL OR PHILANTHROPIC USES
Uses which include public schools, colleges, correctional
facilities, governmental agencies, charitable or not-for-profit agencies
and the like.
KENNEL
A business that houses one or more dogs for pay or renumeration.
Does not include animal hospitals or veterinarians.
LOGGING
Cutting and removal of trees and wood, subject to state regulations.
LOT
A parcel of land occupied or designed to be occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such buildings and which has frontage on a public or approved private street which provides access thereto, or in the case of a minor subdivision, on a driveway if otherwise in compliance with §
140-18C(12)(i). When calculating the size of a lot, any land on which automobiles travel, and the adjacent shoulders, shall not be included in the calculation.
LOT WIDTH
The average width of the lot measured across the frontage,
approximate midsection and rear boundary of the lot.
MEMBERSHIP CLUB
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that there are
not any vending stands, merchandising or commercial activities except
as required generally for the membership and purposes of such club.
MOBILE HOME
A transportable single-family dwelling, factory manufactured
on a permanent chassis, which may be transported to its site and which
is not affixed to a permanent foundation. The mobile home must conform
to the U.S. Code of Federal Regulations (CFR) Title 24 standards.
This definition does not include recreation vehicles or modular homes.
MOBILE HOME PARK
A parcel of land which has been planned for the placement
of two or more mobile homes, appurtenant structures or additions.
MOTEL
A building or group of buildings having individual sleeping
units for hire which are designed primarily for transient automobile
travelers. The term "motel" includes but is not limited to a motor
court, motor inn, motor lodge and tourist court.
NONCONFORMING USE
The prior lawful use of land or of a building or structure
which subsequently is prohibited by zoning regulations pertaining
to the district in which the building or land is situated.
PUBLIC UTILITIES
Uses operated by the government or a public utility include
electric substations and water towers, municipal garages, firehouses
and telephone substations.
RELIGIOUS INSTITUTIONS
All uses dedicated to religious objectives, including churches,
synagogues, retreat houses, resorts and the like.
RESORT
A building or group of buildings having individual sleeping
units for hire that includes a dining hall on the premises, offers
the inclusion of the cost of meals in the room rates and has outdoor
recreation facilities and entertainment. The lot shall be sufficient
size such that the gross acreage of the parcel divided by the number
of individual sleeping units provided is equal to at least 0.5.
SERVICE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing such motor vehicles.
A service station is not a sales, major repair or rental agency for
autos, trucks or trailers.
SETBACK
The horizontal distance from the property line, measured at right angles as set forth at §
160-17. The setback will be measured from the edge of a traveled way, not the center line of the street or road.
SHARED DRIVEWAY
A driveway providing access for up to three lots, provided that each lot served by the shared driveway has 50 feet of frontage on a public or private road or is otherwise in compliance with §
140-18C(12)(i).
SHOPPING CENTER
A grouping of retail business and service uses on a single
site with common parking facilities; or a single retail business with
a floor space of 50,000 square feet or more. All such facilities shall
direct access to a county, state or federal highway.
SHORT-TERM RENTAL
A furnished house or apartment or any residence containing
a kitchen where one or more rooms is rented for fewer than 30 consecutive
days.
SPECIAL USE
A use that would not be appropriate generally or without
restriction throughout the zoning district but which is controlled
as to the number, area, location or relation to the Town would promote
the public health, safety, order, comfort, convenience, appearance,
prosperity and general welfare. Such uses shall be permitted only
when the Town Planning Board finds that they meet the specific criteria
provided in this chapter for them.
STRUCTURE
Anything constructed or erected, stationary and fixed to
the ground, above or below the surface of land or water; examples
include all buildings, stationary and portable carports and swimming
pools. Sidewalks are not structures.
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable,
having a depth at any point greater than two feet below the level
of the surrounding land or an above-surface pool having a depth of
more than 30 inches, used and maintained for swimming and bathing.
TOWNHOUSE
A single-family dwelling unit constructed in a group of three
or more attached units, separated by common or party walls. The house
and land located directly beneath the house is in the same ownership;
land around the townhouse may be in the same ownership or may be in
common ownership with other townhouse owners and subject to association
care and maintenance. Each unit has a private outside entrance, and
a totally exposed front and rear wall to be used for access, light
and ventilation.
VARIANCE
A relaxation of the terms of the zoning regulations where
such variance will not be contrary to the public interest and where,
owing to conditions peculiar to the property and not the result of
the actions of the applicant, a literal enforcement of the regulations
would result in unnecessary and undue hardship.
WATER-DEPENDENT USE
As described in Policy 2 of the Catskill Local Waterfront
Revitalization Program, the following uses and facilities are considered as water-dependent:
(1)
Uses which depend on the utilization of resources found in coastal
waters (for example: fishing, mining of sand and gravel, and mariculture
activities).
(2)
Recreational activities which depend on access to coastal waters
(for example: swimming, fishing, boating and wildlife viewing).
(3)
Uses involved in the sea/land transfer of goods (for example:
docks, loading areas, pipelines and short-term storage facilities).
(4)
Structures needed for navigational purposes (for example: dams,
beacons and lighthouses).
(5)
Flood and erosion protection structures (for example: breakwaters
and bulkheads).
(6)
Facilities needed to store and service boats and ships (for
example: marinas, boat repair and boat construction yards).
(7)
Uses requiring large quantities of water for processing and
cooling purposes (for example: hydroelectric power plants, fish processing
plants and pumped storage power plants).
(8)
Uses that rely heavily on the waterborne transportation of raw
materials or products which are difficult to transport on land, thereby
making it critical that a site near to shipping facilities be obtained
(for example: coal export facilities, cement plants and quarries).
(9)
Uses which operate under such severe time constraints that proximity
to shipping facilities becomes critical (for example: firms processing
perishable foods).
(10)
Scientific/educational activities which, by their nature, require
access to coastal waters (for example: certain meteorological and
oceanographic activities).
(11)
Support facilities which are necessary for the successful functioning
of permitted water-dependent uses (for example: parking lots, snack
bars, first-aid stations and short-term storage facilities). Though
these uses must be near the given water-dependent use, they should
as much as possible be sited inland from the dependent use rather
than on the shore.
YARD
An open and unobstructed area on a parcel of land extending
perpendicular from a property line for a depth specified in the appropriate
district regulations.
YARD, FRONT
A yard extending from the front property line to a building.
YARD, REAR
A yard extending from the rear property line to a building.
YARD, SIDE
A yard extending from the side property line to a building.