For the purposes of this chapter, certain words and terms used herein are defined as follows:
ACCESSORY USE OR STRUCTURE/CUSTOMARILY INCIDENTIAL ACCESSORY USE OR STRUCTUREA 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. For a use or structure to be deemed an accessory use/customary incidental accessory use or accessory structure, it must be:
A. Subordinate to the principal use on the same lot; and
Serve a purpose that is typically incidental and well established to the principal use; and
Possess unity of ownership between the principal and accessory uses. In no case shall such accessory use dominate in land area, water area, extent, surface area, gross floor area or purpose to the principal use but be minor in its association with the principal/primary use except as set forth below.
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, and signs. Accessory parking is permitted to exceed in size, the size of the principal use, and be deemed accessory. |
AGRICULTURAL OPERATIONSA parcel of land used for the purposes of producing agricultural or horticultural products, including nursery stock and livestock customarily kept on a farm, but not including the breeding, raising or maintaining of fur-bearing animals, animal kennels and riding academies. A noncommercial garden or greenhouse accessory to a principal use shall not be deemed an "Agricultural operation."
AGRITOURISM USEActivities conducted in association with an agricultural use on the same lot and offered to the public, including the sale of agricultural products, education, recreation or active involvement in the farm operation. 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.
ALTERTo change, enlarge or rearrange the structure or parts of the existing facilities of a structure or to move a building from one location or position to another.
ANTIQUE SHOPA retail use involving the sale or trading of articles of which 80% or more are over 50 years old or have collectible value.
APPLICANTA property owner, or a person authorized by the property owner to make an application, seeking a determination or decision from the Building Inspector, Town Engineer, Planning Board, Town Board, Zoning Board of Appeals, or other agency regarding this zoning chapter.
AREA OF SPECIAL FLOOD HAZARD (also 100-YEAR FLOODPLAIN)The land in the floodplain within a community, subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the "base floodplain" or "100-year floodplain." For purposes of this chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
ART GALLERYA type of retail use engaged in the sale, loan or display of art books, paintings, sculpture, or other works of art.
AUTOMOTIVE REPAIR FACILITYA 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.
AUTOMOTIVE SERVICE STATIONAny area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuel and which may include the sale of motor vehicle accessories, facilities for lubricating, washing or otherwise repairing and servicing motor vehicles, but not including body work, painting or the sales of vehicles.
BAR (also TAVERN or PUB)An establishment primarily devoted to the serving of alcoholic beverages and in which the service of food may be incidental to the consumption of such beverages.
BASEMENTThe 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.
BATTERY ENERGY STORAGE SYSTEMOne or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System and regulated as follows:
A. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600kWh and if in a room or enclosed area, consist of only a single energy storage system technology. Tier 1 Battery Energy Storage Systems shall be permitted in all zoning districts, subject to the New York State Uniform Code and Energy Code and applicable permit from the Town of Carmel Building Department, and/or other appropriate Town agency.
Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600kWh or are comprised of more than one storage battery technology in a room or enclosed area. Tier 2 battery energy storage systems are prohibited in the Town of Carmel.
BEACH, COMMERCIALA natural or man-made shore adjacent to a body of water or a constructed pool of water, open to the general public for a fee.
BED-AND-BREAKFAST ESTABLISHMENTAn owner-occupied dwelling in which no more than four bedrooms are available as overnight accommodation for paying, transient guests to whom a morning meal may be served.
BILLBOARDA sign which directs attention to a product, business, service or entertainment conducted, sold or offered elsewhere than upon the lot on which said sign is located.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy or use and having a roof.
BUILDING INSPECTORThe Building Inspector of the Town of Carmel. Also referred to as the Code Enforcement Officer herein.
BUILDING LENGTHThe mean horizontal distance between the furthermost walls of a building.
BUILDING LINEA line, parallel to the street line, that passes through the horizontal plane of the principal building's facade/wall nearest the front lot line. The plane includes covered porches and decks, whether enclosed or unenclosed, but does not include steps or terraces.
CAMPAny area of land or land and water, including any buildings, tents, shelters or other accommodations for recreational use, including such accommodations suitable for temporary or seasonal group living purposes.
CAMP, DAYAny camp, as defined in this chapter, offering day care or instruction for adults or children and not qualifying as a private educational institution or day nursery, as defined in this chapter.
CELLARThat space in a building that is partly or entirely below grade and 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.
CLUB, MEMBERSHIPPremises of an organization of persons who meet periodically to promote a nonprofit social, athletic, service or recreational objective such as country, golf, swim, tennis and other court club, and who cater exclusively to members and their guests, with no vending, merchandising or commercial activities conducted, except as required generally for the membership and purposes of the club.
CLUSTER DEVELOPMENTA subdivision plat, as authorized by §
278 of the New York State Town Law, in which the bulk requirements set forth in the Schedule of District Regulations are 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 to preserve the natural and scenic qualities of open lands.
A Comprehensive Plan for the development and conservation of the Town, prepared pursuant to §
272-a of the Town Law and adopted by the Town Board, consisting of text, maps, charts, studies, resolutions, reports and/or other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Town.
A building or buildings designed for conferences, seminars, meetings, and accessory uses used principally by conference center patrons, such as restaurants or recreation facilities.
CONSERVATION EASEMENTAn 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.
CONTRACTOR ESTABLISHMENTA use, including buildings and land area, for the storage of materials, equipment and/or commercial vehicles utilized by building and construction contractors, craftsmen and tradesmen, and offices related to and accessory to such storage 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 permitted accessory to the use only upon approval of a site plan by the Planning Board. The outdoor storage of materials and equipment shall require a special use permit from the Planning Board.
CONVALESCENT HOME or NURSING HOMEAny establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept or boarded or housed for remuneration other than a group home or community residence, as defined by the Laws of the State of New York, municipal or incorporated hospitals and establishments for the care of the mentally ill, licensed by the State Commissioner of Mental Hygiene, or maternity homes licensed by the State Commissioner of Health or other governmental agencies.
COOPA cage or pen designed to contain and house chickens, and which shall be designed to include all of the following components:
A. Nesting place for each chicken to lay eggs at least four inches deep.
Elevated roost or perch area for chickens to sleep.
Insulation to prevent drafts and dampness.
Accessibility to eggs and ability to clean out properly.
COOP RUNA fenced or fully enclosed area attached to or encompassing a chicken coop in which chickens are allowed to run around and peck.
COVERAGE, BUILDINGThe percentage of the lot area covered by the combined area of all buildings or structures on the lot, including the area of any floor space projecting beyond the outer limits of the first floor of all buildings on the lot, and excluding paved areas and underground fuel, drainage and water and sewer systems.
COVERAGE, LOTThe percent of the lot area which shall include the total horizontal area of all impervious surfaces, including buildings, roofed or covered spaces, paved surface areas, paver areas, walkways and driveways and other site improvements or structures contributing to runoff greater than would occur on the site in its natural state and which introduces nonvegetative cover.
CRAFT BEVERAGE ESTABLISHMENTAn establishment which produces on-premises beer, wine, cider, vinous beverages, spirits or edible goods for off- and/or on-site consumption in accordance with New York State Liquor Authority, Department of Health and other applicable agency regulations. Such an establishment may include on-premises retail sales, tasting room, restaurant and/or a retail or retail sales of related products. This definition includes breweries, cideries and wineries.
CULTURAL AND PERFORMING ARTS CENTERAn 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.
CUSTOM WORKSHOP OR STUDIOA 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, clothing, dance, martial arts, yoga, music, and similar uses, and not including retail sales or the manufacture of machinery, vehicles, appliances and similar heavy goods and ready-to-wear or standardized products.
DATA CENTERA facility that organizations use to house their critical applications and data. A data center's design is based on a network of computing and storage resources that enable the delivery of shared applications and data.
DAY SPAA 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.
DAY-CARE CENTERA program licensed by the New York State Office of Children and Family Services, or successor agency, pursuant to §
390 of the New York Social Services Law that provides care for seven or more children for more than three hours but less than 24 hours a day away from the child's home by an individual, association, corporation, institution or agency except those programs operating as group family day-care centers. "Day-care center" shall not be construed to regulate a day camp, an after-school program operated for the primary purpose of religious education, or a facility operated by a public school district, which may be regulated elsewhere herein.
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:
A. 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.
DOCKA usually wooden pier used as a landing place or moorage for boats.
DRIVE-THROUGH FACILITYA facility accessory to a general commercial use with physical facilities, service or by packaging procedures, that allows customers to receive services and/or obtain goods while remaining in their motor vehicles.
DRY CLEANING ESTABLISHMENTA commercial use for pick-up and delivery only of dry-cleaned garments or laundry. Tailoring services are allowed accessory to a dry-cleaning establishment.
DWELLING UNITOne or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family. A boarding house, nursing or convalescent home, fraternity or sorority house, hotel, lodging such as hotels, dormitories, or other similar uses shall not be construed to be a dwelling unit.
DWELLING, ATTACHEDA building containing three or more dwelling units, completely separated therefrom by a party or common wall with no openings therein, each unit being located on its own individual lot.
DWELLING, MULTIFAMILY SENIORA building containing three or more dwelling units all of which are occupied exclusively by persons 55 years of age or older, the spouse of any such person and/or the adult dependent handicapped or disabled child of any such person.
DWELLING, SEMIDETACHEDA building with two dwelling units beside each other, completely separated therefrom by a party or common wall with no openings therein, each unit being located on its own individual lot. Also referred to as a duplex.
DWELLING, SINGLE-FAMILYA detached building designed for occupancy as one dwelling unit for one family, the unit being located on its own individual lot.
DWELLING, TWO-FAMILYA detached building designed for occupancy as two dwelling units for two separate families with one dwelling unit located above the other on an individual lot.
EDUCATIONAL INSTITUTION, PRIVATEAny nonpublic school or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated by not-for-profit corporations under the
Education Law of New York State. This does not include schools of a correctional nature, training schools or homes for delinquents or any other similar institutions having legal custody of their inhabitants.
Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purposes. "Electric vehicle" includes: a battery electric vehicle; or, a plug-in hybrid electric vehicle.
ELECTRONIC VEHICLE (EV) CHARGING STATIONAn electric vehicle charging station, also called EV charging station, electric recharging point, charging point and electric vehicle supply equipment (EVSE), is an element in an infrastructure that supplies electric energy for the recharging of plug-in electric vehicles, including all-electric vehicles. No signs or advertising shall be permitted to be installed on any EV charging station. All such stations will include designated and exclusive parking for vehicles charging. They are further defined by the type of charging equipment:
A. Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
Level 2 is considered medium charging and operated on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
Level 3 is considered fast or rapid charging and operated on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ENTERTAINMENT PRODUCTION STUDIOA facility in which activities associated with the development and production of sound, film, video and similar media take place. Nothing herein shall be construed to permit the creation of sexually-oriented media in connection with an entertainment production studio.
FAMILYA. One, two or three persons occupying a dwelling unit who pay a single shared amount for rental or mortgage purposes.
Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
There shall be a rebuttable presumption that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption are not 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:
(1) The group is one which in theory, size, appearance, 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 shall 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:
(a) The presence of minor dependent children regularly residing in the household who are enrolled in local schools under the care of a parent, legal guardian or equivalent;
Members of the household have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes;
Members of the household are employed in the area;
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.
Regardless of the composition of the family, the maximum occupancy of any residence shall be established based on the requirements of the New York State Property Maintenance Code.
Individuals residing in institutional uses, boarding homes, fraternities, sororities, clubs, associations, supervised or transient housing or other similar forms of housing shall not be considered a family.
FARM MARKETA building and premises for the seasonal sale of agricultural products grown primarily within the Hudson Valley region.
FITNESS FACILITYA commercial use where active exercise and related activities are performed utilizing weight control or muscle-building equipment or apparatus for the purpose of physical fitness. A fitness facility may also include, as accessory uses, services and activities provided in conjunction with a day spa, a daycare room, physical therapy activities, refreshments and similar activities.
FLOOR AREAThe sum of the gross horizontal areas of any building or buildings, measured from the interior faces of interior walls. "Floor area" shall not include cellar space, stairways, unenclosed porches and breezeways or any floor space with a floor-to-ceiling height of less than seven feet.
FLOOR AREA RATIO (FAR)The ratio of the total floor area of a building or buildings to the total lot area. It is expressed as a decimal number. Example: A lot with a building consisting of 20,000 square feet of gross floor area, with a lot size of 40,000 square feet, would have a floor area ratio of 0.5.
FUEL STORAGEA commercial facility used for the bulk storage of propane or 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.
FUNERAL ESTABLISHMENTA building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
GARAGE, PRIVATEA building or part thereof used by residents or other occupants of the site primarily for the storage of their motor vehicles. No more than one commercial licensed vehicle with a net weight exceeding 6,000 pounds and an overall length exceeding 20 feet shall be permitted to be stored in a private garage per residential lot.
GOLF COURSEPremises 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.
GRADE, FINISHEDThe finished grade at any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.
GROCERY STOREA 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, preprepared meals, food and beverage tastings, bakery, and other activities accessory to the operation.
GUEST SLEEPING ROOMAny habitable room used as a sleeping accommodation for transient occupancy in a short-term rental, hotel or resort.
HABITABLE SPACEA space in a building for living, sleeping, eating, or cooking, Bathrooms, toilet rooms, closets, halls, storage, or utility spaces and similar areas are not considered habitable spaces.
HEIGHT OF BUILDINGThe vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof in the case of flat roofs and, in the case of pitched roofs, from that average elevation of the finished grade to the average height of the gable.
HOME OCCUPATIONAn accessory use conducted within a dwelling and carried on by an inhabitant thereof, which use is secondary to the residential use and which does not change the character thereof. Individuals engaged in art instruction, computer entry, medical billing, market research, tutoring, and similar occupations may be home occupations if they meet the requirements set forth herein. A home office for licensed professionals, including engineers, architects, and similar professions is regulated as a home occupation. Dance instruction, band instrument instruction in groups, tearooms, beauty parlors, barbershops, real estate offices or insurance offices shall not be deemed home occupations. (See §
156-36.16.) For purposes of this zoning chapter, a home occupation involving only the occupant owner of the dwelling, and which does not involve customer visitation, deliveries, or material storage shall be allowed without the need to obtain a special use permit.
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, that 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 horse boarding operations.
HORSE RIDING ACADEMYA facility where horses are boarded, cared for, and may be hired for riding. The facility also includes the instruction of horse riding, jumping, and showing.
HOSPITAL, GENERALAs per Article
28 of the New York State Public Health Law, a health care facility engaged in the provision of medical and/or surgical services primarily to inpatients under the supervision of a physician on a 24-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 "general hospital" shall not include a residential health care facility, psychiatric hospital, public health center, diagnostic center, treatment center, outpatient lodge, dormitories or dwellings, dispensary and/or laboratory or central service facility serving more than one institution.
A commercial use consisting of overnight accommodations wherein in guest sleeping rooms shall be 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 not more than 14 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.
HOTEL, BOUTIQUEA hotel which contains no more than 40 guest rooms, and the occupancy of which is limited to 100 total guests, including an special functions, e.g., weddings, that may occur at the hotel.
HOUSE TRAILERAny portable or mobile vehicle used or intended to be used for living purposes.
HOUSE TRAILER, MOBILEAny house trailer with its wheels, rollers or skids in place or capable of being readily moved from its location and having only temporary connections if connected to any water, electric or sewage disposal system.
JUNKYARDA lot or part thereof or a structure used primarily for the collection, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material or for collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.
LANDSCAPE MATERIALS, RETAIL AND WHOLESALE SALE OFThe 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 25% of the lot area. The materials aggregate processing of organic or inorganic materials, including rock crushing, mulching, or soil screening, is not permitted in conjunction with this use.
LIGHT INDUSTRYA 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.
LOADING SPACEA space, open or enclosed, for the loading or unloading of goods to or from a vehicle, having safe and convenient access to a street, at least 12 feet wide, 35 feet long with 14 feet of headroom.
LOTA 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 and separately owned, developed and otherwise used as a unit.
LOT AREAThe total horizontal area included within lot lines, after excluding those resources set forth in §
156-11E.
The total horizontal area included within lot lines, without exclusion of those resources set forth in §
156-11E.
The mean horizontal distance between the front and rear lot lines, measured at the midpoint of the frontage, in the general direction of the side lot lines.
LOT LINEAny boundary of a lot or property.
LOT LINE ADJUSTMENTAny change in the location of existing property lines between two or more adjoining properties where a new lot is not created. This definition shall not apply to the merger of lots into single larger lots.
LOT LINE, FRONTThe street right-of-way line at the front of a lot, whether said road is public or private.
LOT LINE, REARThe lot line which is generally opposite the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot comes to a point at the rear, the "rear lot line" shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT THROUGHA lot, other than a corner lot, having frontage on two streets.
LOT WIDTHThe width of the lot, from property line to property line, measured at a right angle, at the midpoint of the lot depth.
LOT, CORNERA lot located at the junction of and having at least 50 feet of frontage on two or more intersecting streets. Refer to §
156-11H.
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. The buildable area on a flag lot is located generally to the rear of other lots having frontage on the same road as such lot and having access to the road via a narrow strip of land. Flag lots are not permitted.
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The home is designed for year-round occupancy of one family. The term does not include a recreational vehicle. Manufactured homes are allowed in a manufactured housing development.
MARINAA dock or basin providing secure moorings for pleasure boats and often offering supply, repair, and other facilities for small craft.
MIXED USEA combination of residential and nonresidential uses on the same lot or in the same building.
MOVIE THEATERA place of public assembly used for spectator presentations, including movie or professional theater, indoor concert venue or other performance with temporary or permanent seating, for admission to which an entrance fee is received.
MUSEUMA place or building where objects of historical, artistic, or scientific interest are exhibited, preserved, or studied and open for viewing by the general public.
NIGHTCLUBAn establishment where alcoholic beverages may be sold and consumed on the premises and where live entertainment and/or centrally controlled recorded performances take place and which may contain a stage, staging area and/or designated dance floor. A nightclub does not include live dancing of undressed or semi-dressed persons.
NONCONFORMING USEA pre-existing use of a building or of land that does not conform to the regulations as to use in the district in which it is located.
NURSERY, DAYA place, building or structure designed to provide care or instruction for two or more children under six years of age.
NYCDEPNew York City Department of Environmental Protection or successor agency.
NYSDECNew York State Department of Environmental Conservation or successor agency.
NYSDOTNew York State Department of Transportation or successor agency.
NYSERDANew York State Energy Research and Development Authority or successor agency.
NYSOPRHPNew York State Office of Parks, Recreation and Historic Preservation or successor agency.
OFFICEA use where services are performed involving predominately administrative or clerical operations for either business or professional purposes as follows:
A. BUSINESSA 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. Nothing herein is intended to allow uses where the office space is clearly incidental and accessory to the principal use, e.g., a contractor establishment, under the definition of a "business office."
PROFESSIONALAn 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.
MEDICALAn 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.
OUTDOOR DININGAn outdoor area on private, commercially used property, either on a sidewalk or other designated area, providing area for patrons/customers to sit or to stand, with or without tables, intended for the consumption of food and/or drinks.
PARKING SPACE, OFF-STREETA parking space not located within a road right-of-way which, exclusive of driveways and turning areas, is at least 10 feet wide and 20 feet long, where each space shall abut sufficient aisle space to be functional. However, a parking space may have dimensions of 10 feet by 18 feet if a raised bumper or wheel stop is provided allowing for a minimum two-foot overhang.
PERSONAL SERVICE USECommercial uses, 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 sexually-oriented adult use businesses.
PHARMACEUTICALA chemical substance, also referred to as a drug, medicine or medication, manufactured in accordance with all state and federal regulations, and used to treat, cure, prevent, or diagnose a disease or to promote well-being.
PLACE OF WORSHIPThe principal use of a building or structure(s) for regular organized religious assembly.
PRINCIPAL BUILDINGA building in which the main or principal use of the lot is conducted. Also referred to as a "main building."
PUBLIC UTILITY INSTALLATIONAny person, firm, corporation or governmental agency duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage disposal and treatment, steam, cable, or communication service. This definition shall not bestow any special status or standing not already provided by state or federal law. This definition does not include battery energy storage systems or similar facilities.
RECREATION CENTERA planned facility, including any building or group of buildings and outdoor areas, open to use by or catering to the general public where recreational, athletic, meeting or exhibition facilities are provided, including playing fields, courts, arenas or halls designed to accommodate sports and recreational activities such as but not limited to billiards, bowling, gymnasiums, health spas, skating rinks, tennis courts, paddle tennis, handball and squash facilities, swimming pools, golf facilities and meetings and uses accessory and incidental to such uses, including but not limited to facility offices, viewing areas, locker rooms, eating and drinking facilities and retail sale of goods associated with the primary activities. Facilities for automobile or animal racing are specifically excluded.
RESEARCH LABORATORIESA facility 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 performance standards set forth in this zoning chapter.
RESIDENTIAL STORAGE SHEDA building in excess of 150 square feet with a height no greater than 14 feet, accessory to a single-family dwelling, for storage located in a rear or side yard of a lot in the residential zone.
RESIDENTIAL STORAGE SHED, SMALLA building, not more than 150 square feet with a height no greater than 14 feet, accessory to a single-family dwelling, for storage located in a rear or side yard of a lot in the residential zone.
RESORTA 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 use. A resort may also include meeting rooms or conference center, dining facilities, and other areas for social gathering.
RESTAURANT, SIT DOWNAny establishment where food is commercially sold primarily for on-premises consumption to patrons seated at tables and 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.
RESTAURANT, TAKE OUTAny 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:
A. Foods, frozen desserts, or beverages are usually served in paper, plastic, or other disposable containers; or
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.
RETAIL USEA 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.
ROAD SPECIFICATIONSThe Town of Carmel construction and design standards for streets, roads and drainage installations as set forth in Chapter
128, Streets and Sidewalks, of the Town of Carmel Code.
A building or group of buildings divided into separate units or compartments in which the renter or owner has direct access to said unit or compartment for storage of non-hazardous goods.
SHORT TERM RENTAL ("STR")A single-family detached owner-occupied dwelling, or building accessory thereto on the same lot, which is rented in whole or part, to any person or entity for a period of up to but no more than 14 consecutive days. For purposes of this definition, a "rental" means an agreement granting use or possession of real property, to a person or group of persons in exchange for consideration, including, but not limited to, money, goods, services, credits, or other items of value. Campsites, glamping and other overnight accommodations shall not be deemed to be a "short term rental." A hotel or boutique hotel shall not be deemed a short-term rental. No meals shall be served to the general public.
SIDEWALKAny paved area between the curb line and a structure designed for pedestrians, whether publicly or privately owned, which is used by the public or open to use by the public.
SIDEWALK CAFEAn outdoor dining and drinking area located on a public sidewalk, which is public through dedication, easement or public right-of-way, and contains readily removable tables, chairs and railings or temporary dividers and may contain planters. It is otherwise unenclosed by fixed walls and open to the air, except that it may have a retractable awning or umbrella.
SIGNAny 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. Public traffic, street or directional signs are not included.
SIGN AREAThe 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. Where 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.
SIGN STRUCTUREThe supports, uprights, bracing and framework for the sign.
SIGN, BOXAny sign with a metal or wood frame which has plastic or glass panel sign faces and is internally lit.
SIGN, FACADEAny sign attached to a wall of a building. A facade sign may be a wall sign, iconic sign or projecting sign.
SIGN, GOVERNMENTALA 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.
SIGN, MONUMENTA 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.
SIGN, NEONA sign illuminated by neon lamps or similar luminaires.
SIGN, PERMANENTA sign permanently erected on a property or structure by fastenings intended to provide such permanence.
SIGN, PORTABLEA 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.
SIGN, TEMPORARYAny 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.
SITE PLANA scaled rendering, drawing, sketch or maps drawn to the specifications of this zoning chapter of one or more lots which illustrates the existing and proposed arrangement, design and layout of uses, buildings and structures located or to be located on the lot, including but not limited to the information specified in §
156-83.
Any device or combination of devices or elements that rely upon direct sunlight as an energy source for use in the generation of electricity.
SOLAR ENERGY SYSTEM, ROOF MOUNTEDA photo voltaic system that has its electricity-generating solar panels mounted on the rooftop of a residential or commercial building or structure.
SPECIAL USE PERMITAn authorization by the Planning Board 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 the chapter and will not adversely affect the neighborhood if such requirements are met.
STORYThat part of any building 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 underside of the roof beams. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when the finished floor immediately above is seven feet or more above the average elevation of the finished grade. A cellar shall not be deemed to be a story. An attic shall be deemed to be a story where it meets the requirements for habitable space.
STREETA vehicle travel way which is an existing state, county or Town highway, or a way shown upon a subdivision plat approved by the Town Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk.
STREET LINEThe line between the street and a lot or a line, whether or not in public ownership.
STRUCTUREAnything constructed or erected, except fences and/or walls with a height of six feet or less, which requires location on or in the ground or attachment to something having a location on or in the ground, and which shall include piers, docks and wharves.
SUBDIVISIONThe division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets, including any change of property lines.
TRADE OR VOCATIONAL SCHOOLA specialized instructional school that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, computer repair, hairdressing, truck driving, construction equipment operation or other similar activities.
USABLE OPEN SPACEA portion of the ground area of a lot which is available and accessible to all occupants of a dwelling unit or dwelling units on said lot for outdoor use, which area is not devoted to driveways or parking spaces, is at least a 25-foot minimum dimension and has no more than 10% of its area with a grade of more than 5%.
USE, PRINCIPALThe primary purpose for which land, water or building or structure is used, designed, arranged, intended or for which it is or may be occupied or maintained.
WATERCRAFTFor purposes of this zoning chapter, a motorized boat or other motorized watercraft, including personal watercraft (e.g., jet ski), and sailboats. Nothing herein shall be interpreted to regulate the following non-motorized watercraft: canoes, kayaks, rowboats, paddle boards, and similar watercraft.
WATERFRONT STRUCTUREAny pier, dock, wharf, or similar structure typically supported by columns, extending from the land into the water to provide berthing for boats and other watercraft. This term shall also include floating docks, which are anchored at the water's edge, and other forms of dockage.
WHOLESALE OR WAREHOUSE USEA 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.
YARDAn 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 zoning chapter.
YARD, FRONTAn open space within and extending the full width of the lot between all street lines and the parts of the building nearest to such street lines. The depth of a front yard shall be measured at right angles to the front line of the lot and from the existing or proposed right-of-way line (or other properties, e.g., the City of New York's) as proposed by the responsible public entity.
YARD, REARAn open space within and extending the full width of the lot between the rear lot line and the parts of the building nearest to such rear lot line. The depth of a rear yard shall be measured from the rear line of the lot or its vertical projection to the part of the building that is nearest thereto at any story level.
YARD, REQUIREDA required yard is that portion of any yard extending inward from a lot line the minimum distance specified in the Schedule of District Regulations for the district in which the lot is located, and any other bulk requirements set forth in the zoning chapter.
YARD, SIDEAn open space within and extending the full length of the lot, between the side lot line and the part of the building nearest to the lot line. The width of a side yard shall be measured at right angles to the side lot line of the lot.
ZONING BOARD OF APPEALSThe Zoning Board of Appeals of the Town of Carmel. Also referred to as the "Board of Appeals."