Town of Red Hook, NY General Provisions

Words used in the present tense include the future; the singular number includes the plural and the plural number includes the singular; the word "lot" includes the work "plot"; the word "structure" includes the word "building." The term "occupied" or "used" as applied to any given building or land shall be construed to include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used or occupied." The word "shall" is mandatory and not optional.

Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings herein indicated:

ACCESSORY APARTMENT

A dwelling unit subordinate to the principal dwelling unit within the structure or elsewhere on the residential premises. See "dwelling, accessory."

ACCESSORY STRUCTURE

A structure, the use of which is customarily incidental and subordinate to that of the principal building and which is attached thereto or which is located on the same lot or premises. Except in the case of housing for farm employees, permitted accessory apartments and cottages and permitted dwellings accessory to business or institutional uses, "accessory structures" are not for the purpose of human habitation and include structures such as tennis courts, garages, swimming pools, garden or tool sheds, barns and private stables, studios, greenhouses and playhouses, subsurface utility systems, and such elements as satellite dish antennas, windmills and solar collectors.

[Amended 7-11-1995 by L.L. No. 1-1995; 2-13-2018 by L.L. No. 1-2018]

ACCESSORY USE

A use, occupancy or tenancy which is customarily incidental and subordinate to the principal use, occupancy or tenancy, and located on the same lot or premises.

ADAPTIVE REUSE

Contemporary use of a building or structure for use other than for which it was originally designed, intended and occupied, e.g., adaptation of a former barn as a residential dwelling.

ADDITION

Extension or increase in area or height of a building.

AGRICULTURAL DISTRICTS LAW

Article 25-AA of the Agriculture and Markets Law of the State of New York.

AGRICULTURAL FENCING

A fence constructed on a parcel located within a New York State-certified agricultural district and/or the Town's Agriculture Business (AB) District and constituting a farm operation as defined in § 301 of the New York State Agriculture and Markets Law, where such fence is constructed for the purpose of (i) containing or protecting crops, livestock, livestock products and farm woodland, as defined in § 301 of the New York State Agriculture and Markets Law, from wild animals or trespassers, or (ii) buffering the farm operation from residential and commercial uses.

[Added 4-27-2016 by L.L. No. 2-2016]

AGRICULTURAL LEARNING INSTITUTION

A center for people to participate in interactive, hands-on activities, displays and exhibits to understand and learn about agriculture.

[Added 7-12-2011 by L.L. No. 3-2011]

AGRICULTURAL PRODUCT DISTRIBUTION CENTER (WHOLESALE)

A wholesale business located on a farm for collecting, storing and distributing farm products.

[Added 7-12-2011 by L.L. No. 3-2011]

AGRICULTURAL SUPPORT BUSINESS

A use described in § 143-39.1C(1) and (2) and any other use principally engaged in agriculture or principally supporting agricultural operations, including the sale or rental of farm tools or implements, feed, grain, tack, and animal care products for livestock and horses, farm supplies, farm machinery and/or repairs. A pet store shall not be considered an agricultural support business.

[Added 5-30-2018 by L.L. No. 3-2018]

AGRICULTURE

[Amended 7-12-2011 by L.L. No. 3-2011; 7-10-2012 by L.L. No. 3-2012]

(1)

For parcels located within the Agricultural Business Zoning District, and for all parcels in the Town that are within a New York State certified Agricultural District and constituting a farming operation as defined in § 301 of the New York State Agriculture and Markets Law, "agriculture" shall mean any activity connected with the raising of crops, livestock, livestock products and farm woodland, as defined in § 301 of the New York State Agriculture and Markets Law.

(2)

For all other parcels, "agriculture" shall mean activities connected with the raising of crops and, to the extent permitted in § 143-39 of this chapter, the keeping, grazing and feeding of animals, and shall not include:

(a)

The operation of a riding academy, livery or boarding stable; or

(b)

A dog kennel or cattery.

AGRITOURISM

Activities conducted on a farm or on land used for agricultural production for the enjoyment or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life.

[Added 7-12-2011 by L.L. No. 3-2011]

ALTERATION

Any change, rearrangement or addition to a building, other than normal repairs; provided, however, that the term "normal repairs" shall not be construed to involve a change in design, material, color or outward appearance of any structure governed by the provisions of §§ 143-46, 143-47 or 143-48B(3) of this chapter; any modification in construction or in building equipment or the moving of a building or structure from one location to another.

ALTERNATE-CARE FACILITY

A facility designed for housing those persons ("ACF clients") who are unable to live and work independently at a particular time and for the providing for his or her specific needs. "Alternate-care facility" includes the following specific types of supervised facilities, but shall not be construed to include a "community residence," as defined in this chapter.

(1)

A dwelling providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision.

(2)

A halfway house providing twenty-four-hour on-site responsible supervisory staff for short-term residents.

(3)

A supervised living facility or group home, providing twenty-four-hour on-site responsible supervisory staff for long-term residents.

(4)

A supportive living facility providing responsible supervision of residents.

(5)

Family-care housing, i.e., a dwelling providing room, board and supervision for patients who are maintained on an inpatient status by a state-operated psychiatric facility.

(6)

Housing for the disabled, i.e., for those persons who are unable to function in society without assistance and/or supervision because of their physical, mental or emotional deficiencies.

(7)

A rehabilitation services facility, i.e., a professionally planned and operated treatment facility designed to improve the functioning of physically, mentally or emotionally disabled persons in their skills of daily living, including alcohol abusers, drug-dependent persons, the mentally ill and the developmentally disabled.

(8)

A residential school for those persons having physical, mental, emotional or drug-dependent problems.

AMATEUR RADIO; RECEIVE-ONLY ANTENNA

Any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

[Added 12-23-1998]

ANIMAL HOSPITAL

An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment.

APARTMENT

A dwelling unit contained within a two-family or multifamily dwelling.

AREA AND BULK REGULATIONS

The combination of controls which establish the minimum area of a lot and the maximum dimension of buildings and other improvements and their location on such lot.

AUTOMOBILE BODY SHOP

Any area of land, including structures thereon, that is used for the painting of motor vehicles; the rebuilding or reconditioning of motor vehicles, including collision services involving frame and fender straightening and repair; or the dismantling or disassembly of frames or exterior parts.

AUTOMOBILE SERVICE FACILITY

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including the sale of motor vehicle accessories, and which may or may not include facilities for lubricating and other minor servicing of motor vehicles but not including the painting thereof by any means; any rebuilding, reconditioning or collision services involving frame and fender straightening or repair or any dismantling or disassembly of frame or exterior parts is not an "automobile service facility," as defined herein.

AVERAGE DENSITY SUBDIVISION

An as-of-right density subdivision carried out in accordance with Chapter 120, Subdivision of Land, Article IV, and authorized under Article IV, § 143-21A, of this chapter to include certain lots of less than the minimum lot required in the applicable zoning district under the District Schedule of Area and Bulk Regulations[1] yet deemed to be conforming lots in that the mean or average density of all lots within the subdivision meets or exceeds the minimum lot area required in the zoning district.

[Amended 11-9-1993 by L.L. No. 4-1993]

BAR or TAVERN

An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises, not to include a nightclub.

BASEMENT

That space of a building which is partly below grade, which has more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.[2]

BOARDINGHOUSE or ROOMING HOUSE

A private dwelling in which at least three but not more than six rooms are offered for rent, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained.

BOARDING STABLE

A structure designed for the feeding, housing and exercising of horses that are not owned by the owner of the premises.

BOARD OF APPEALS

The Board of Appeals of the Town of Red Hook, as provided for in Article X of this chapter.

BREWERY

A facility located on a farm where malt liquors are manufactured.

[Added 7-12-2011 by L.L. No. 3-2011]

BUFFER

A strip of land established and suitably developed with fencing, berms and natural vegetation to visually separate one use from another or to shield or block light, noise or other nuisances.

BUILDABLE AREA

The space remaining on the lot after the minimum yard and open space requirements have been met.

BUILDING

A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, property or business activity. See "structure."

BUILDING, ACCESSORY

See definition of "accessory structure."

BUILDING COVERAGE

That percentage of the plot or lot area covered by the composite building area on or extended to the ground plane of all principal and accessory structures located on the plot or lot. Such coverage excludes uncovered porches, terraces and steps, except where utilized for commercial purposes.

BUILDING GROUP

A group of two or more principal buildings and any buildings accessory thereto, occupying a lot in one ownership and having any yard in common.

BUILDING INSPECTOR

That Town employee appointed by the Town Board and charged with the responsibility of administering and enforcing the New York State Uniform Fire Prevention and Building Code and related regulations pertaining to the development of structures and the use of land within the Town of Red Hook, which employee shall be certified as a building official by the New York State Building Codes Council. At the discretion of the Town Board, the "Building Inspector" may also function as the Zoning Enforcement Officer.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

A solar photovoltaic system that is integrated into any building envelope system and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.

[Added 12-12-2017 by L.L. No. 5-2017]

BUILDING LINE

The line established by law, ordinance or regulation beyond which no part of a building, other than parts expressly excepted, may extend.

BUILDING LINE, FRONT

A line generally parallel to the street or road beyond which the front of a building may not project into the required front yard as specified for the district in which the lot is situated.

BUILDING PERMIT

Official authorization issued by the Building Inspector to begin construction in accordance with approved plans and in strict compliance with all applicable requirements of this chapter, the New York State Uniform Fire Prevention and Building Code and related laws, rules and regulations.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is located. In any residence district, any dwelling shall be deemed the "principal building" on the lot on which it is situated; also see "principal structure."

BUILDING, SEMIDETACHED

A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.

BUSINESS OR PROFESSIONAL OFFICE

A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations.

BYPASS GENERATION

A type of micro hydropower facility in which a portion of the flow of the stream is diverted into a generator that is located alongside the original reach of the stream, and then the water is returned to the stream downstream of the dam.

[Added 10-12-2021 by L.L. No. 4-2021]

CELLAR

That space of a building which is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

CEMETERY

Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated within the boundary of such lands and in accordance with the requirements of this chapter.

CENTRAL WATER

A water supply system serving five or more dwelling units and approved by the Town of Red Hook and the New York State Health Department for either private or public operation. The water supply system shall be designed and installed in strict accordance with no less than the minimum technical engineering criteria established by the Town of Red Hook and shall be the subject, where deemed appropriate by the Town, of an irrevocable offer of dedication to the Town for a nominal sum; also referred to as "central water supply."

CERTIFICATE OF APPROPRIATENESS

Determination made by the Planning Board that the intended improvements, alterations or other modifications of a designated historic or architectural resource are compatible with the property and its environs.

CERTIFICATE OF OCCUPANCY

Official certification issued by the Building Inspector, after consultation with the Zoning Enforcement Officer, that a premises conforms to the applicable provisions of this chapter, the New York State Uniform Fire Prevention and Building Code and other applicable regulations and may be legally used or occupied.

CESSATION OF USE

As used herein, a use shall be determined by the Zoning Enforcement Officer and/or Building Inspector to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon such use or not.

CHILD-CARE CENTER

A private establishment enrolling four or more children, where tuition, fees or other forms of compensation for the care of the children are charged and which is licensed or approved to operate as a "child-care center."

CHURCH

See "place of religious worship."

CIDER MILL

A facility located on a farm where fruits are processed into cider. Pasteurization may or may not be part of the process.

[Added 7-12-2011 by L.L. No. 3-2011]

CLEAR CUT

A silvicultural practice in which most or all trees are harvested from a site. Clear cuts are generally used for regenerating specific species of trees, but may also be used to improve wildlife habitat, salvage storm- or insect-damaged stands or convert poor-quality forest stands to stands with higher-quality stock.

[Added 6-26-2019 by L.L. No. 5-2019]

CLINIC, DENTAL OR MEDICAL

A facility designed for the practice of dentistry or medicine at which nonresident patients are treated.

CLUB

An association of persons forming a membership organization, with bona fide dues paying members. The organization services and caters exclusively to its members and guests, and its premises and buildings are devoted to recreational, athletic, social, fraternal, civic or cultural activities consistent with the purposes of the association.

CLUBHOUSE

A building or portion thereof used by a club.[3]

COASTAL ZONE MANAGEMENT AREA

That land area subject to a local waterfront revitalization program (LWRP) pursuant to the Federal Coastal Zone Management Act and related regulations promulgated by the New York State Department of State.

COLD STORAGE FACILITY FOR AGRICULTURAL PRODUCTS

A facility, or rooms within a facility, greater than 1,000 square feet in size and located on a farm that is specifically designed and constructed for the cold temperature storage of perishable agricultural products.

[Added 7-12-2011 by L.L. No. 3-2011]

COMMERCIAL AMUSEMENT AND RECREATION FACILITIES

Establishments engaged in providing entertainment or recreation for a fee or admission charge, including dance halls; bowling alleys; billiard and pool establishments; commercial sports arenas, rings and racetracks; amusement parks; membership sports and recreation clubs; game parlors; and health clubs.

COMMERCIAL LOGGING

The removal or cutting of logs from harvestable timber for commercial purposes, either by selective, strip, or clear-cutting operations.

[Added 6-26-2019 by L.L. No. 5-2019]

(1)

SMALL-SCALE COMMERCIAL LOGGINGApplies to the removal or cutting of logs from harvestable timber for commercial purposes, either by selective, strip, or clear-cutting operations resulting in the physical alteration of less than five acres of land.

(2)

LARGE-SCALE COMMERCIAL LOGGINGApplies to the removal or cutting of logs from harvestable timber for commercial purposes, either by selective, strip, or clear-cutting operations resulting in the physical alteration of five or more acres of land.

COMMERCIAL NURSERY

An establishment separate from a farm where herbaceous plants and related lawn care, landscaping and gardening products are sold to retail customers.

COMMERCIAL VEHICLE

Any vehicle in excess of 20 feet in length carrying a valid commercial New York State registration license plate, which is used for the transportation of persons, animals or goods, primarily for profit, or carries a permanently affixed business identification sign exceeding one square foot in area; or any vehicle used for earthmoving or construction purposes.

COMMON SEWER

A sewage disposal system serving five or more dwelling units and approved by the Town of Red Hook and the New York State Health Department for either private or public operation.

COMMUNITY AREAS

Those areas intended for the beneficial use or enjoyment by all residents of a development, including driveways, roadways, parking areas, walkways, landscaped areas, open space and recreation areas.

COMMUNITY BUILDING

A building used for neighborhood meetings and recreation whether a fee is charged or not, but excluding buildings belonging to a church or other places of worship.

COMMUNITY RESIDENCE

A facility for mentally disabled persons, as defined by the Mental Hygiene Law and as regulated by the provisions of the New York State Uniform Fire Prevention and Building Code. Such facilities shall include supervised living facilities for one to 14 long-term residents and supportive living facilities for four to 14 long-term residents.

COMPOSTING FACILITY, ACCESSORY

An area of land, accessory structures and processes, both natural and mechanical, for the accelerated decomposition of site-generated organic waste on a farm premises to which the composting facility is accessory into a humus-like substance through use of naturally occurring microorganisms. No more than 25% of the total product of an accessory composting facility shall be created for purposes of resale or profit.

COMPREHENSIVE PLAN

See "Master Plan."

CONDOMINIUM

Individual ownership of a dwelling unit, typically within a multiple dwelling, exclusive of the land underlying such structure.

CONFERENCE CENTER

A facility used for business or professional conferences and seminars, often with campus-type accommodations for sleeping, eating and recreation.

CONGREGATE-CARE FACILITY

A type of housing for senior citizens that provides communal dining and social facilities and other services for its residents, while at the same time permitting the senior citizen to maintain his or her individual housing unit.

CONSERVATION ADVISORY COUNCIL

The Conservation Advisory Council of the Town of Red Hook.

CONSERVATION AREA

Vegetation and terrain left undeveloped and essentially unaltered in its natural state.

CONSERVATION DENSITY SUBDIVISION

A low-density rural subdivision carried out in accordance with Chapter 120, Subdivision of Land, Article IX, and providing for residential density significantly less than that authorized under this chapter and permanent open space reservation significantly in excess of the requirements set forth in this chapter.

CONSERVATION EASEMENT

An easement, covenant, restriction or other interest in real property created under the provisions of § 247 of the General Municipal Law and/or the provisions of §§ 49-0301 through 49-0311 of the Environmental Conservation Law, which limits or restricts the development, management or use of such real property for the purpose of preserving or maintaining the agricultural, scenic, open, historic, archaeological, architectural or natural condition, character, significance or amenities of the real property. Any such conservation easement shall comply with the regulations at § 143-33E of the Town Code.

[Amended 7-12-2011 by L.L. No. 3-2011]

CONSERVATION SUBDIVISION

A conservation subdivision permits greater design flexibility and smaller average lot sizes than otherwise possible in a conventional lot-by-lot subdivision in order to preserve open space on the remainder of the property without increasing building potential for the tract as a whole. Conservation subdivisions are authorized under § 278 of the Town Law of the State of New York, and are also known as "cluster subdivisions" or "open space subdivisions." References in this chapter or in Chapter 120, Subdivision of Land, to the terms "cluster development," "cluster subdivision" or "residential cluster subdivision" shall mean conservation subdivision.

[Added 7-12-2011 by L.L. No. 3-2011]

CONSERVED FARM

Land that is or has been used in agricultural production which has been preserved in perpetuity with a conservation easement.

[Added 7-12-2011 by L.L. No. 3-2011]

CONTRACTOR'S YARD

Any space, whether inside or outside a building, used for the storage or keeping of construction supplies, materials, equipment, machinery or vehicles or parts thereof which are in operable condition and active use by a construction contractor.

CONVENIENCE STORE

A one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and household supplies to customers who purchase only a relatively few items. Such establishment may include the retail sale of gasoline, oil and other automotive fluids, although no repairs or servicing of vehicles are permitted and the number of fuel dispensing nozzles is restricted to a maximum of 12.

CONVERSION

A change in use or occupancy of a building, generally by alteration or by other reorganization as to increase the number of families or dwelling units within a structure.

COTTAGE

An accessory building on the same lot as a principal residential dwelling used for occupancy, provided that such building shall meet all applicable setback and lot coverage requirements of this chapter and those requirements related to the provision of suitable water supply and sewage disposal facilities.

[Added 7-11-1995 by L.L. No. 1-1995]

DAY CAMP

Non-overnight camp providing recreation, arts and crafts and other activities for preschool and school age participants, limited to summer and other school vacation periods.

DENSITY

The ratio of land area per family or dwelling unit on a lot, "gross density" referring to the ratio of dwelling units to the land area of the total lot and "net density" referring to the ratio of dwelling units to the land area of the developed portion of a lot supporting a large-scale development, such as a residential cluster development.

DESIGN REVIEW COMMITTEE

A committee established by the Town Board whose powers and duties are set forth in § 143-45.1 of this chapter.

[Amended 11-9-1993 by L.L. No. 4-1993; 3-8-2016 by L.L. No. 1-2016]

DEVELOPMENT

Any activity other than normal agricultural, conservation or forest management activity which materially affects the existing condition of land or improvements, including but not limited to:

(1)

Removal of trees or other natural cover.

(2)

Substantial excavation or deposit of earth or other fill, including alteration of the banks of any stream or body of water.

(3)

Construction, reconstruction, alteration or demolition of any improvement.

(4)

Dumping or parking of any object or material, whether mobile, liquid or solid.

(5)

Commencement of any use of the land and improvements thereto and any change in the type or intensity of such use.

(6)

Commencement or change in type or intensity of any noise, light, smoke or other emission, in contravention of the general performance standards stated in § 143-25 of this chapter.

DEVELOPMENT PROGRAM

A schedule of the proposed use of buildings and lands by square footage, number of bedrooms, intended occupancy, parking requirements, project phasing and similar measures.

DISTILLERY

A facility located on a farm where fermented grain, fruit or vegetables are distilled into spirits or liqueurs.

[Added 7-12-2011 by L.L. No. 3-2011]

DISTRICT or ZONING DISTRICT

An area or section of the Town described on the Zoning District Map established in § 143-7 of this chapter and within which uniform requirements regulate the use of land and structures and the height, bulk, density and setback of structures.

DORMITORY

Including "sorority house," "fraternity house" and "residence hall," a type of multiple dwelling under the New York State Uniform Fire Prevention and Building Code used for housing, with or without dining facilities, of five or more students attending an educational institution, as defined herein, and which is approved as a residence for its students by the aforementioned educational institution.

DRIVE-IN, DRIVE-THROUGH or DRIVE-IN WINDOW

(1)

A component of an establishment wherein the sale of goods, services, food or drink is provided directly to patrons while seated in automobiles which are located on the premises; or

(2)

Where the service such as ordering, delivering or payment is performed by a carhop, waiter or waitress located on the outside the confines of the building to patrons seated in a stationary automobile parked on the premises and where such consumption is allowed, encouraged or permitted on the premises; or

(3)

A component of an establishment where food and drink is served from an enclosed building to patrons seated in automobiles located outside the confines of the building for immediate consumption, and where all or part of the consumption occurs outside the confines of the building or off the premises.

[Added 5-30-2018 by L.L. No. 3-2018]

DRIVEWAY

A private way situated within a lot for vehicular traffic, providing access from a street to a single dwelling or a commercial premises. "Common driveway" is the term employed to identify a like facility which provides shared access to a maximum of four dwellings or to two or more commercial premises.

[Amended 7-12-2011 by L.L. No. 3-2011]

DRY-CLEANING ESTABLISHMENT

An establishment or business maintained for the pickup and delivery of articles for dry cleaning without the maintenance or operation of any dry cleaning equipment or machinery on the premises.

[Added 5-30-2018 by L.L. No. 3-2018]

DRY-CLEANING PLANT

A business premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not limited to, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.

[Added 5-30-2018 by L.L. No. 3-2018]

DWELLING

A building designed or used principally as the living quarters for one or two families.

DWELLING, ACCESSORY

A self-contained dwelling unit having its own exterior or interior entrance and which is subordinate to the principal residence, shares no kitchen, bath, living or sleeping facilities with the principal residence and is located on the same lot. See "accessory apartment."

DWELLING, MULTIFAMILY

A detached, semidetached or attached building or portion thereof containing three or more dwelling units.

DWELLING, ROW OR ATTACHED

A one-family dwelling with party walls separating it from adjacent units on both sides, or on one side if an end unit, with each having separate entrances from the outside.

DWELLING, SINGLE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A detached or semidetached building containing two dwelling units only.

DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, dormitory, lodging, nursing home, fraternity, sorority or other similar building shall not be deemed to constitute a dwelling unit.

[Amended 3-8-2016 by L.L. No. 1-2016]

EDUCATIONAL CAMPUS

A planned facility site of not less than 100 acres including an educational institution and related residential and nonresidential support uses in accordance with the requirements of § 143-81 of this chapter.

EDUCATIONAL INSTITUTION

Any public or private school or other organization or institution conducting a regularly scheduled comprehensive curriculum of academic and/or alternative vocational instruction similar to that furnished by kindergartens, primary or secondary schools or institutions of higher learning and operating under the Education Law of New York State.

ELDERLY OR SENIOR CITIZEN HOUSING

A residential development owned by a public agency or private nonprofit sponsor in which rental dwelling units are exclusively provided for elderly persons, aged 62 or older, and other members of the households which they head, in accordance with the eligibility requirements stated in Section 202 of the Housing and Community Development Act of 1974, as amended.

ENRICHED HOUSING FOR THE ELDERLY

A residence offering alternative living arrangements (i.e., small congregate living arrangements where comprehensive supportive services are shared) for frail, older adults who do not want or need institutional care but who are no longer able to carry out the activities of daily living without assistance.

ENVIRONMENTAL CONSERVATION LAW

The Environmental Conservation Law of the State of New York, Chapter 43-B of the Consolidated Laws.

ESTABLISHMENT

A building or related group of buildings for purposes of the conduct of business located on a single parcel or lot and including one or more uses.

EXTRACTIVE OPERATIONS

The use of land for the purpose of extracting and selling stone, sand, gravel, topsoil or other minerals, and not including natural gas and oil exploration and extraction. Extractive operations are exclusive of the process of grading a lot preparatory to the construction of a building for which a building permit has been issued or installing roadways and/or other improvements described on a subdivision plat or site plan approved by the Planning Board.

[Amended 5-14-2013 by L.L. No. 3-2013]

FACADE

The face or front of a building directed toward the major or principal street on which the building is located.

FAMILY

Consists of either one person or two or more persons not necessarily related by blood, marriage or adoption and, in addition, any domestic servants or gratuitous guests, who live together in a single dwelling unit and maintain a common household.

FARM

Land and related machinery and buildings, including any farmhouse, used in commercial production of agriculture and related products, provided that the land meets one or more of the following criteria:

[Amended 7-12-2011 by L.L. No. 3-2011]

(1)

Enrollment within an agricultural district established pursuant to Article 25-AA, §§ 303 and 304, of the New York State Agriculture and Markets Law.

(2)

Individual landowner commitment to agricultural land use pursuant to § 306 of Article 25-AA of the New York State Agriculture and Markets Law.

(3)

Not less than seven acres of land used as a single operation during the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales volume of $10,000 or more, or lands less than seven acres producing an average gross sales volume of $50,000 or more.

FARMERS' MARKET

A cooperative venture for the seasonal sale of local farm produce and farm products which may either be conducted as a principal use or as an accessory use to a shopping center or similar land-extensive premises and either may or may not involve the installation and use of permanent structures.

FARM INDUSTRY

A limited business use conducted by the farm operator, which is clearly incidental and secondary to the use of the farm premises for agricultural purposes and does not alter the character thereof, with the objective of expanding the income of the farm throughout all seasons by the employ of equipment and skills customary to the agricultural enterprise and which use shall be fully consistent with the use limitations set for in § 143-41D of this chapter.

FARM LABOR HOUSING

Housing accessory to a farm in the AB District and all parcels in the Town that are within a New York State certified Agricultural District that is provided exclusively for seasonal and/or full-time employees and their families where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm, and the farm worker is not a partner or owner of the farm operation. For instance, a mobile or manufactured home used as the primary residence of a farm owner is not farm labor housing.

[Added 7-12-2011 by L.L. No. 3-2011]

FARMLAND PROTECTION PLAN

A plan developed by an individual agricultural landowner and approved by the Town Planning Board as the basis for long-term use and regulation of development of a farm property or property in agricultural use, presented by the landowner and considered by public authorities with due consideration of environmental, economic and other factors and focused on the objective of conserving important farmland while still allowing for residential or other development as may be desired.

[Added 7-9-2002 by L.L. No. 3-2002; amended 7-12-2011 by L.L. No. 3-2011]

FARM MARKET 1

An accessory retail facility, larger than a roadside stand, located on a farm parcel, owned and operated by the owner or operator of the farm for the seasonal sale of local farm produce.

FARM MARKET 2

An accessory retail facility, larger than a roadside stand, located on a farm parcel, owned and operated by the owner or operator of the farm and intended for the sale of local farm produce, farm products and related small-scale farm items on either a seasonal or year-round basis,

FARM MARKET 3

An accessory retail facility, a maximum of 4,000 square feet in gross floor area, owned and operated by the owner or operator of the farm and intended for the sale of local farm produce, farm products and related small-scale farm items including gifts, antiques and crafts on either a seasonal or year-round basis. A feed store and tack shop shall be included in the definition of a "Farm Market 3."

[Added 7-12-2011 by L.L. No. 3-2011]

FARM PRODUCTS

Plants and animals useful to human beings, including but not limited to forage and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock and horses, including breeding and grazing; bees and apiary products; fruits, vegetables, seeds and grasses of all kinds; trees, flowers, ornamentals and other greenhouse products; fish; or any other products which primarily incorporate the use of food, feed, fiber or fur produced on the farm.

FARM STAYS

The activity of visiting a farm or land in agricultural production for overnight stays and for the purpose of participating in or enjoying agricultural-related activities and/or other attractions offered.

[Added 7-12-2011 by L.L. No. 3-2011]

FARMSTEAD COMPLEX

The designated area of a conserved farm which includes the farmhouse and other dwelling units and within which new farmhouses and dwelling units may be constructed subject to the provisions of § 143-39.1 of this chapter.[4]

[Added 7-12-2011 by L.L. No. 3-2011]

FENCE

An unroofed enclosing structure erected for the purpose of preventing passage or view or delineating property or lot lines.

FILL

Materials deposited in an area to change the ground elevation.

FLAG LOT

See definition of "lot, flag."

FLASHBOARD

A panel or structure of panels attached to the top of a spillway of a dam to increase its reservoir capacity. Flashboards are either manually removed or are designed to fail after being overtopped so that flood waters can pass over the dam spillway.

[Added 10-12-2021 by L.L. No. 4-2021]

FLOOD HAZARD BOUNDARY MAP (FHBM)

The official map of the Town of Red Hook on which the Federal Emergency Management Agency has delineated the boundaries of the special flood hazard area. The "FHBM" is replaced by the Flood Insurance Rate Map (FIRM) when the latter becomes effective.

FLOODING, AREA OF SHALLOW

A designated AO or VO Zone shown on the Town's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

FLOOD INSURANCE RATE MAP (FIRM)

The official map of the Town of Red Hook on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones.

FLOOD INSURANCE STUDY

The official report of the Federal Emergency Management Agency for the Town of Red Hook showing flood profiles and water surface elevations of the base flood and which includes a Flood Boundary/Floodway Map (FBFM) depicting any regulatory floodway, as may be applicable.

FLOOD, ONE-HUNDRED-YEAR OR BASE

The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year).

FLOODPLAIN AREA WITH SPECIAL FLOOD HAZARDS

Maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded in any given year). The "floodplain area with special flood hazards" includes the area shown on the FHBM as Zone A and on the FIRM as Zone A, AO, AH, A1 to A30, A99, V and V1 to V30.

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness measures, flood control works and land use and development control measures.

FLOODPLAIN OR FLOOD-PRONE AREAS

A land area adjoining a river, stream, watercourse or lake, which is likely to be flooded.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.

FLOOD PROTECTION ELEVATION

The one-hundred-year-flood elevation, plus two additional feet of elevation.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude without cumulatively increasing the water surface elevation more than the designated height shown in the Town of Red Hook's Flood Insurance Study.

FLOOR AREA, GROSS

The sum of the horizontal area of the floor or floors of a building as measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, but not to include attached or built-in garages, porches or terraces, basements or unfinished floor area, including attics, having a clear headroom of less than seven feet.

FLORIST AND NURSERY SALES

Any structure or building whose primary design and function is for the production and raising of flowers and other horticultural products for sale.

FOOD TRUCK

A mobile food service operation located in a licensed motorized vehicle or a movable cart, stand, or trailer and from which food and beverages (pre-packaged or prepared and served from the vehicle or stand) are sold or distributed in individual portions to the general public directly from the food truck for consumption on or off of the premises.

[Added 5-30-2018 by L.L. No. 3-2018]

FOREST USE

A wooded area, whether managed or unmanaged, that may include conservation of wildlife habitat, provision of outdoor recreation, production of timber and forest crops, protection of water quality, regulation of water flows, conservation of soil, carbon sequestration and/or protection of aesthetic qualities.

[Amended 6-26-2019 by L.L. No. 5-2019]

FORMULA BUSINESS

Any use, whether a principal or accessory use, that has or is required by contractual, franchise or other legal arrangements to have, along with 20 or more other businesses located in the United States, the same primary business name, trademark or logo and two or more of the following: distinctive exterior and/or interior signage, design and/or architecture; the same or standardized uniforms; or the same or an array of standardized services and/or merchandise. An agricultural support business shall not be included in the definition of a "formula business."

[Added 5-30-2018 by L.L. No. 3-2018]

FRONTAGE, LOT

See definition of "lot frontage."

GARAGE, PRIVATE

An enclosed or semi-enclosed structure used for the storage of motor vehicles and all types of farm machinery and conveyances owned and regularly used by or on behalf of the owner or tenant of the lot on which it is erected and only for a purpose accessory to the permitted use of the lot.

GARAGE, PUBLIC

An enclosed or semi-enclosed structure for parking vehicles, operated for a fee.

GARAGE SALE

Any temporary sale of merchandise sold from a residence; also referred to as "yard sale."

GASOLINE STATION

Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline, oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof or the use of mechanical car washing equipment. The term "gasoline station" may also include a quick-stop retail food store, provided that the store is an integral part of the gasoline station.

GENERALLY ACCEPTED AGRICULTURAL AND FARM MANAGEMENT PRACTICES

Those activities and practices including but not limited to business and administrative activities related to the operation of the farm; preparation and maintenance of farmland; operation of farm equipment; production, preservation, processing and marketing of farm products; proper use of legal agricultural chemicals and other crop protection methods; and construction, maintenance, repair and use of farm structures, including such buildings used to store farm equipment and to store and/or process farm products; and such other improvements that are necessary to the operation of the farm.

GENERAL MUNICIPAL LAW

The General Municipal Law of the State of New York, Chapter 24 of the Consolidated Laws.

GRADE, FINISHED

The elevation at which the finished surface of the surrounding lot, either naturally occurring or upon completion of any change in contour, intersects the walls and supports of a structure.[5]

GREENHOUSE and NURSERY

An establishment located on a farm where nursery stock is propagated, grown or cultivated for wholesale and/or retail distribution, and where herbaceous plants and related lawn care, landscaping and gardening products may be sold to retail customers.

[Added 7-12-2011 by L.L. No. 3-2011]

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar photovoltaic system installed directly in the ground and not attached to any existing structure. A ground-mounted solar system is typically mounted on a pole or series of poles constructed specifically to support the solar system.

[Added 12-12-2017 by L.L. No. 5-2017]

GROUNDWATER

The supply of fresh water under the earth's surface in an aquifer or soil that forms a natural reservoir, including groundwater runoff that is discharged into a stream channel as a spring, a seep, or seepage water.

[Added 6-26-2019 by L.L. No. 5-2019]

HABITABLE SPACE

Space occupied by one or more persons for living, sleeping, eating or cooking, and as may be more specifically defined in Article 3, Part 711, of the New York State Uniform Fire Prevention and Building Code, as amended.[6]

HARD ROCK QUARRYING

The removal of overlaying topsoil and "overburden" (weak or weathered rock) to expose the fresh bedrock underneath, also known as "stripping." The fresh bedrock would then be quarried in a "step" pattern called "benching," and further processed for commercial, industrial or construction use. Bedrock shall not include shale, which is a softer rock and does not require blasting and/or crushing.

[Added 6-26-2019 by L.L. No. 5-2019]

HEALTH SPA

A use which employs therapists licensed by New York State whose services include massage and/or body or facial treatments. Private treatment rooms are provided for each client receiving a personal service. Hydrotherapy, steam and sauna facilities, spa cuisine, exercise facilities and instruction may be provided in addition to the massage and treatment services. The term "health spa" shall not be construed to include physical therapy, outpatient substance abuse treatment facilities for the treatment of alcohol or other drug abuse, or membership clubs.

[Added 3-8-2016 by L.L. No. 1-2016]

HEAVY INDUSTRY

A use of land that exceeds the standards for light manufacturing. Without limiting the foregoing, natural gas and oil exploration, natural gas and oil extraction and natural gas and oil support activities constitute heavy industry.

[Added 5-14-2013 by L.L. No. 3-2013]

HEIGHT, BUILDING

The vertical distance measured from the average elevation of the finished grade along the side of the building having the lowest finished grade to the highest point on the coping of a flat roof, to the deckline of mansard roofs or to the average height between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections except where such features occupy an aggregate area of more than 80 square feet or 10% of the roof area, whichever shall be less.

HISTORIC AND CULTURAL RESOURCES

Buildings or other structures, objects, landscapes or sites listed or eligible for listing on the state or national registers of historic places or locally designated as a historic or cultural resource.

[Added 7-12-2011 by L.L. No. 3-2011]

HOME OCCUPATION

Any limited personal service, professional service or business use customarily conducted within a dwelling or customary accessory building and carried on by the residents thereof, which is clearly incidental and secondary to the use of the premises for residential purposes and does not alter the residential character thereof, and which use shall be fully consistent with the use limitations stated in § 143-32 of this chapter. The term "home occupation" shall include the provision of day-care services for four or fewer children who are not residents of the dwelling. The term "home occupation" shall not include boardinghouses, rooming houses, or short-term rental as defined herein.

[Amended 12-22-2021 by L.L. No. 6-2021]

HOMEOWNERS' ASSOCIATION

An organization of residential property owners, duly constituted, residing within a particular development, whose major purpose is to own, preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents.

HOSPITAL

An institution providing health service, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. The term "hospital" shall not include the term "alternate-care facility."[7]

HOUSING FOR FARM PRINCIPALS AND EMPLOYEES

Housing accessory to a farm that is provided exclusively for principals and employees, and their families, who gain their primary income from employment on the farm parcel by the host farm.

(1)

HOUSING FOR FARM PRINCIPALS AND EMPLOYEES 1Refers to residential accommodations for migrant or seasonal employees or for year-round principals and employees that would cease to be occupied for residential purposes and either removed from the parcel or adapted to a use authorized by this chapter upon cessation of farm operations.

(2)

HOUSING FOR FARM PRINCIPALS AND EMPLOYEES 2Refers to conventional dwellings, as authorized on nonfarm parcels in the applicable zoning district, occupied by either year-round principals or employees, which dwellings would be subdivided from the parcel in accordance with the requirements of the Town's land subdivision regulations[8] and this chapter were the farm operation to which the housing is accessory to cease.

IMPORTANT FARMLAND

Land characterized by one or more of the following characteristics:

[Added 7-9-2002 by L.L. No. 3-2002; amended 7-12-2011 by L.L. No. 3-2011]

(1)

Presence of soils that are classified as prime farmland soils by the United States Department of Agriculture Natural Resources Conservation Service, as listed in the Dutchess County Soil Survey.

(2)

Presence of soils that are classified as farmland of statewide importance by the United States Department of Agriculture Natural Resources Conservation Service, as listed in the Dutchess County Soil Survey.[9]

JUNKYARD

An area of land, with or without buildings, used for or occupied by a deposit, collection or storage outside a completely enclosed building of used or discarded materials such as wastepaper, rags, scrap metal or used building materials, home furnishings, machinery or parts thereof, with or without the dismantling, processing, salvage or other use or disposition of the same.

JUNKYARD, MOTOR VEHICLE

An area of land, with or without buildings, used for or occupied by a deposit, collection or storage outside a completely enclosed building of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, salvage, sale or other use or disposition of the same. A deposit, collection or storage on a lot of two or more vehicles no longer in condition for legal use on the public highways, i.e., registered and inspected, or parts thereof for one month or more in a residential district or three months or more in any nonresidential district shall constitute a "motor vehicle junkyard."

KENNEL

Any premises on which are kept four or more dogs more than six months of age or any number of dogs that are kept for the primary purpose of sale or for the purposes of boarding, care or breeding and for which a fee is charged or paid. The term "kennel" shall be construed to include the term "cattery."

LABORATORY

A use of a building or part thereof and/or land where scientific research, development and/or experiments are conducted and which meets all applicable federal, state, county and Town requirements for the control of emissions and pollutants.

LAND ALTERATION

Change in contour or grade of a tract of land through either the movement of naturally occurring earthen materials or other similar materials within the boundaries of a site or the importation and deposition of material for the purpose of changing the contour or grade of some portion of the tract.

LANDFILL

A lot or land area used primarily for the disposal or abandonment, burial, burning or other disposition of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind, including construction debris. A private compost pile shall not be construed to be a "landfill."

LANDFILL, CONSTRUCTION AND/OR DEMOLITION

A site for the disposal of nonputrescible, nonseptage wastes generated by construction and demolition activities.

LANDFILL, SANITARY

A site for disposal and burial of domestic and related wastes, including septage.

LARGE SOLAR ENERGY SYSTEM

A solar energy system with a rated capacity of 200kW or larger, the principal purpose of which is to provide electrical power for sale to the electric distribution or transmission system or to be sold to other power customers and may include both physical or virtual aggregation, or to be consumed on site.

[Added 12-12-2017 by L.L. No. 5-2017]

LAUNDROMAT OR LAUNDRY, SELF-SERVICE

A business premises equipped with individual clothes washing machines intended for principal use by retail customers.

[Amended 5-30-2018 by L.L. No. 3-2018]

LIBRARY

A building used by a public or nonprofit institution for the purpose of housing books, manuscripts, exhibits or other educational materials.

LIGHT INDUSTRIAL PARK

A tract of land with individual sites and structures or multitenant sites and structures, planned as a whole with shared access, utilities, signage and other facilities and intended for occupancy by five or more light manufacturing, wholesale business or service business establishments.

LIGHT MANUFACTURING

A use involving the manufacture of a product, but not requiring heavy or noisy machinery or transporting equipment in contravention of the general performance standards stated within § 143-25 of this chapter. "Light manufacturing" uses shall be construed to include, subject to compliance with the cited performance standards, the following categories:

(1)

Food and beverage production.

(2)

Apparel and other textile products.

(3)

Furniture and fixtures.

(4)

Printing and publishing.

(5)

Electrical and electronic machinery and equipment.

(6)

Metal fabrication.

(7)

Mail order distribution center.

(8)

Warehousing ancillary to the authorized use.

LODGING

One or more structures where overnight accommodation is provided for transient occupancy for compensation in accordance with § 143-92 of this chapter, but excluding boardinghouses, rooming houses, and short-term rentals.

[Added 3-8-2016 by L.L. No. 1-2016; amended 12-22-2021 by L.L. No. 6-2021]

LOT

A single contiguous parcel of land, whether or not located in two or more zoning districts or municipalities, undivided into two or more portions by a street, having defined boundaries and considered as a unit, devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership, and including customary accessory structures, uses, open spaces and yards, which parcel shall have frontage on a street or on such other means of access as may be deemed sufficient in accordance with the applicable provision of § 280-a of the Town Law to provide suitable access as a condition precedent to the issuance of a building permit.

[Amended 7-12-2011 by L.L. No. 3-2011]

LOT AREA

The total land area of a lot within the property lines excluding any area devoted to external streets, e.g., in the case of a user highway.

LOT, CORNER

A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the corner.

LOT COVERAGE

The entire unvegetated area of the lot, including the area covered by all structures, paved areas, driveways, walkways, patios and terraces.

LOT DEPTH

The horizontal distance from the street line of a lot to the rear lot line of such lot, measured along the median between the two side lines.

LOT, FLAG

A lot with significantly less than the minimum required lot frontage which generally consists of a narrow accessway, the "flag pole," leading to the buildable rear portion of the lot, the "flag."

LOT FRONTAGE

That side of a lot measured along the right-of-way of any dedicated Town, county or New York State highway or along a line 24.75 feet from the center line of any user highway. The width of any lot shall not be less than its required frontage throughout its entire depth leading to the buildable portion of the lot, i.e., that portion of the lot with at least the minimum prescribed lot width. A corner lot shall be considered to have two such "frontages."

LOT LINE

The line dividing one premises from another or from a street or other public space.

LOT OF RECORD

A legally existing lot at the time of adoption of this chapter, duly filed and recorded in the Dutchess County Clerk's office as either an individual parcel of land or part of an approved subdivision, in accordance with Chapter 120, Subdivision of Land, and applicable provisions of the Town Law.

LOT WIDTH

The minimum horizontal distance between the side lot lines measured at right angles to the lot depth along the rear line of the required front yard (i.e., at the minimum front setback) as established within the District Schedule of Area and Bulk Regulations.[10]

LUMBERYARD

A place for the storage and sale of building products.

MASTER PLAN

A comprehensive, long-range document developed by the Planning Board setting forth policies for the future growth and development of the Town. Such document may be officially adopted by the Town Board in satisfaction of the requirements of § 263 of the Town Law.

MEDICAL CARE OUTPATIENT CLINIC

A facility providing medical, surgical, psychiatric or emergency medical services to sick or injured persons with no overnight stay.

[Added 7-12-2011 by L.L. No. 3-2011]

MEDIUM SOLAR ENERGY SYSTEM

A solar energy system with a rated capacity of 25kW but less than 200kW, the principal purpose of which is to provide electrical power to be consumed on site or to provide energy to be shared with other power customers.

[Added 12-12-2017 by L.L. No. 5-2017]

MEMBERSHIP CLUB

See "club."

MICRO HYDROPOWER EQUIPMENT SHELTER

An enclosed structure within which is housed the turbine, generator unit, and related equipment for a bypass generation micro hydropower facility.

[Added 10-12-2021 by L.L. No. 4-2021]

MICRO HYDROPOWER FACILITY

[Added 10-12-2021 by L.L. No. 4-2021]

(1)

A water energy conversion system with a rated capacity to generate not more than 100 kilowatts (kW) of electric power, consisting of a turbine, generator, associated control or conversion electronics, electrical infrastructure, and water conveyance structures (a channel and/or penstock). The purpose of a micro hydropower facility is to provide electrical power to be consumed on site or to provide power to be shared with other power customers.

(2)

A micro hydropower facility shall be designed to work with the natural flow of the stream ("run-of river") either by placing a generator in the existing stream or spillway of the stream ("in-stream generation") or by diverting a portion of the flow of the stream into a generator alongside the original reach of the stream and then returning the water to the stream downstream of the dam, referred to as "bypass generation." A micro hydropower facility does not include a facility that artificially impounds water, with the exception of the use of flashboards as provided in § 143-107.lH.

MINED LAND RECLAMATION LAW

Article 23, Title 27, of the Environmental Conservation Law of the State of New York.

MINERAL

Any naturally formed, usually inorganic, solid material located on or below the surface of the earth. Peat and topsoil shall be considered minerals.

[Added 6-26-2019 by L.L. No. 5-2019]

MINIMUM OPEN SPACE

See "open area, required."

MOBILE HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Any addition to such "mobile home" shall be deemed to be part of such "mobile home."

MOBILE HOME PARK

Any lot, parcel or tract of land or portion thereof, together with the open space and facilities required by this chapter, used, designed or maintained and having mobile home spaces, as defined herein, held out for hire or lease to accommodate mobile homes, as defined herein, or any premises on which two or more mobile homes are located and occupied, regardless of whether or not any compensation is provided.

MODULAR OR MANUFACTURED HOME

A factory-built dwelling, not including a "mobile home," transported to the site and permanently attached to same.[11]

MUNICIPAL HOME RULE LAW

The Municipal Home Rule Law of the State of New York, Chapter 36-A of the Consolidated Laws.

MUSEUM

A nonprofit, noncommercial establishment operated as a repository for a collection of literary, natural or scientific curiosities, objects of interest or works of art, not including the regular sale or distribution of the objects collected.

NATURAL GAS AND OIL EXPLORATION

The use of land for geological or geophysical activities related to the search for natural gas, oil or other subsurface hydrocarbons, including prospecting, geophysical and geological seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, oil or other subsurface hydrocarbon deposits.

[Added 5-14-2013 by L.L. No. 3-2013]

NATURAL GAS AND OIL EXTRACTION

The use of land for the purpose of digging or drilling of a well for the purposes of exploring for, developing, or producing natural gas, oil or other subsurface hydrocarbons. Natural gas and oil extraction includes a storage or construction staging yard associated with an oil or gas extraction operation, and gas pipelines, water lines and other gathering systems and components, including but not limited to drips stations, vent stations, chemical injection stations and valve boxes associated with an oil or gas extraction operation.

[Added 5-14-2013 by L.L. No. 3-2013]

NATURAL GAS AND OIL PRODUCTION BY-PRODUCTS

Any refuse, sludge, or other waste materials, whether or not recycled or reused or intended to be recycled or reused, including solid, liquid, semisolid, or contained gaseous material that results from, is associated with or is produced as a by-product of the exploration, drilling or extraction of natural gas and petroleum and other subsurface hydrocarbons, including without limitation production brine, produced waters, flowback, flowback fluids or hydraulic fracturing fluids.

[Added 5-14-2013 by L.L. No. 3-2013]

NATURAL GAS AND OIL SUPPORT ACTIVITIES

The construction, use or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas or oil storage facility, or a natural gas or oil gathering line, venting station, or compressor associated with the exploration or extraction of natural gas or oil.

[Added 5-14-2013 by L.L. No. 3-2013]

NIGHTCLUB

A drinking establishment which includes either an area in which patrons may dance or which provides live entertainment other than by a single, instrumental musician or vocalist.

NONCOMPLYING BUILDING OR STRUCTURE

An existing building or structure which contains a use permitted in the zoning district in which it is located, but which does not conform to the applicable district regulations for lot area, width or depth; front, side or rear yard; maximum height; lot coverage; parking requirements; or density after the adoption or subsequent amendment of this chapter. This condition may also be cited as "noncomplying bulk."

NONCONFORMING USE

A legal existing use which does not conform to the applicable use regulations for the zoning district in which such use is located after the adoption or subsequent amendment of this chapter.

NONPROFIT

Restricted to a person, as defined herein, so designated as "nonprofit" or "not-for-profit" by virtue of charter or incorporation and certification by the Internal Revenue Service.

NOXIOUS USE

Any use which is dangerous, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the standards and criteria established by this chapter and other applicable laws, rules, codes and regulations; also referred to as "nuisance."

NURSERY SCHOOL

Any premises, however designated, which operates on a regular basis to provide care or instruction for seven or more enrolled children under six years of age other than the children of the resident family. The term "nursery school" shall include a kindergarten, day nursery and day-care center and family day-care facility, as defined and regulated by § 390 of the New York State Social Services Law.

NURSING HOME

Premises on which is provided lodging, meals and continuing nursing care for compensation to convalescent or chronically ill persons. The term "nursing home" shall include a convalescent home and a rest home.

OCCUPANCY

Use of a building, structure or premises.

OFFICE or OFFICE ESTABLISHMENT

A structure or part thereof used for the purpose of conducting a business or providing professional services. The term "office or office establishment" does not include businesses that sell goods, such as a retail store.

OFFICE PARK

A tract of land with individual sites and structures or multitenant sites and structures, planned as a whole with shared access, utilities, signage and other facilities and intended for occupancy by five or more office, personal service or business service establishments.

OFFICIAL MAP

A map, adopted by the Town Board, showing streets, highways and parks heretofore laid out, adopted and established in accordance with § 270 of the Town Law.

ONGOING CONSTRUCTION

The incorporation of both labor and materials within the footings and/or foundation of a building subsequent to the issuance of a building permit in full conformance with this chapter, the New York State Uniform Fire Prevention and Building Code and all other applicable laws, rules and regulations governing the construction of the building and the installation of appurtenant systems and improvements necessary for the intended occupancy.

OPEN AREA, REQUIRED

That area of a lot which shall, in accordance with the requirements of this chapter, be properly maintained with a combination of natural, not artificial, lawn, shrubs, trees and other plant materials and related ground covers; also known as "minimum open space."

OPEN SPACE

Land in its natural state, including associated streams, ponds and wet areas, and containing no buildings or structures or land containing improvements strictly in support of agricultural uses.

ORGANIC WASTE

For purposes of a commercial composting facility or accessory composting facility as regulated by this chapter, limited to animal manure and vegetable plant waste, and shall not include human waste, household waste or septic waste.

OUTDOOR RECREATION FACILITY

Land developed by a private sponsor with facilities for passive recreation, e.g., trails, fishing, boating and picnic areas, and/or with facilities for active outdoor individual or organized recreation, e.g., ball fields, tennis courts, swimming pools, ski trails, ice-skating areas and golf courses, not to include related arenas or stadiums or other similar structures for the accommodation of more than 500 spectators, activities involving the discharge of firearms or the development of substantial structures that compositely occupy more than 1% of the gross land area of the outdoor recreation area or facility. Such facilities may be for profit.

[Amended 7-12-2011 by L.L. No. 3-2011]

OVERLAY DISTRICT

A district described by this chapter within which, due to special circumstances and the imposition of a special overlay designation, additional regulations and requirements apply to complement those of the underlying land use district to which such designation is added.

OWNER

Owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, structure or premises. The term "owner" may refer to more than one of the above.

PARK

Any land and/or associated structures created and maintained by a municipality for the express use and enjoyment by the general public for recreational purposes.

PARKING AREA, OFF-STREET

An off-street parking area containing five or more parking spaces as required by this chapter.

PARKING SPACE, OFF-STREET

An area of land, not less than nine feet by 19 feet, excluding driveways or access drives thereto, which is out of the public right-of-way and is available and adequately improved for the parking of one motor vehicle.

PERFORMANCE STANDARDS

Regulations for the control of dangerous or objectionable elements as described for nonresidential and nonagricultural uses in § 143-25 of this chapter.

PERMITTED USE

A specific use noted in Article III or the District Schedule of Use Regulations of this chapter[12] for which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.

PERSON

Any individual, corporation, partnership, association, trustee or legal governmental entity.

PERSONAL SERVICE BUSINESS OR USE

An establishment primarily engaged in providing services involving the care of a person or a person's apparel, including but not limited to laundries, dry cleaning establishments, barber and beauty shops, tailor shops and exercise or dance studios.

[Amended 5-30-2018 by L.L. No. 3-2018]

PET STORE

A retail business principally engaged in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, and/or supplies, food, and services for such domestic animals. The term "domestic animal" shall exclude exotic animals and farm animals such as horses, goats, sheep, and poultry.

[Added 5-30-2018 by L.L. No. 3-2018]

PHOTOVOLTAIC (PV)

A semiconductor-based device that converts light directly into electricity.

[Added 12-12-2017 by L.L. No. 5-2017]

PHYSICAL ALTERATION

Includes, but is not limited to, the following activities: vegetation removal, demolition, stockpiling materials, grading and other forms of earthwork including land alteration as defined herein, dumping, filling or depositing, discharges to air or water, excavation or trenching, application of pesticides, herbicides, or other chemicals, application of sewage sludge, dredging, flooding, draining or dewatering, paving, construction of buildings, structures or facilities, and extraction, injection or recharge of resources below ground.

[Added 6-26-2019 by L.L. No. 5-2019]

PLACE OF RELIGIOUS WORSHIP

Any building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and/or related educational, social, cultural and fund-raising activities, and which building is maintained and controlled by a recognized religious body organized to sustain public worship.

PLANNING BOARD

The Planning Board of the Town of Red Hook.

PREMISES

A lot, plot or parcel of land, together with all structures and uses thereon.

PRIMARY RESIDENCE

Primary residence shall be the domicile of the owner applicant. The property must be owned by the natural person or persons who occupy the home as their primary residence except that (i) if legal title to the property is held by one or more trustees, the beneficial owner or owners are considered to own the property for purposes of this exemption, (ii) a farm dwelling that is held in the name of a business corporation, limited liability company, or a partnership is eligible, provided such dwelling serves as the primary residence of a shareholder or one of the partners, and (iii) a married couple may receive a permit or registration for no more than one residence unless they are legally separated. No other form of ownership shall be eligible for a permit or registration under this chapter.

[Added 12-22-2021 by L.L. No. 6-2021]

PRINCIPAL STRUCTURE

The structure in which is conducted the main or principal use of the lot on which said structure is located. In any residence district, any dwelling shall be deemed the "principal structure" on the lot on which it is situated.

PRINCIPAL USE

The main or primary purpose or purposes for which land and/or structure(s) are designed, arranged or intended or for which such land or structure(s) may be occupied or maintained under this chapter.

PRIVATE STABLE

An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

PROFESSIONAL OFFICE

A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations.

PROHIBITED USE

Any use which is not listed as a permitted use, special permit use or permitted accessory use in the District Schedule of Use Regulations of this chapter[13] shall be considered a prohibited use hereunder in all zoning districts.

PUBLIC HEALTH LAW

The Public Health Law of the State of New York, Chapter 45 of the Consolidated Laws.

PUBLIC OR FRANCHISE UTILITY STATION

An essential appurtenant facility within an overall utility network or system, such as an electric unit substation, municipal water pumping station or water tower, telephone relay station or sewage pumping station.

PUBLIC TRANSPORTATION TERMINAL

Facilities including but not limited to airline terminals, bus stations and rail passenger stations.

QUALIFIED EASEMENT HOLDER

[Added 7-12-2011 by L.L. No. 3-2011]

(1)

A not-for-profit corporation organized inter alia for the conservation or preservation of real property and which has the power to acquire interests in real property. Such organization must have qualified as exempt for federal tax purposes pursuant to § 501(c)(3) of the Internal Revenue Code or any similar successor statutory provision; or

(2)

The state or a municipal corporation as that term is defined in § 2 of the General Municipal Law.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Such persons shall be deemed to be qualified solar installers who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), who are certified as solar installers by the North American Board of Certified Energy Practitioners (NABCEP), or who have been deemed qualified solar installers by the Town of Red Hook due to their equivalent training on the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform solar installations safely.

[Added 12-12-2017 by L.L. No. 5-2017]

RECREATIONAL VEHICLE PARK

A premises designed for the temporary parking and occupancy of recreational vehicles and camping or travel trailers and occupancy in tents in accordance with the special use permit standards set forth in § 143-95 of this chapter.

REPAIR

Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.

REQUIRED

Required by this chapter.

RESIDENTIAL DISTRICT

The following zoning districts, as established in Article II, shall be deemed residential districts: LD, RD5, RD3, R1.5, R1 and H.

RESTAURANT

An establishment licensed by the Dutchess County Health Department where food and drink is prepared, serviced, consumed and sold primarily within the principal building. The term "restaurant" shall not include any type of drive-in, drive-through or drive-in window.

[Amended 5-30-2018 by L.L. No. 3-2018]

RESTAURANT, ACCESSORY

A restaurant that is accessory to a nonresidential use and is located in the same building as the principal use in the Office-Industrial Subdistrict of the TND District.

[Added 7-12-2011 by L.L. No. 3-2011]

RETAIL BUSINESS

An establishment engaged in selling or renting goods or merchandise to the general public in small quantities for personal or household consumption or business use and rendering services incidental to the sale of such goods. A gasoline station or automobile service facility shall not be considered a "retail establishment" nor shall a restaurant or other eating and/or drinking establishment.

RIDING ACADEMY OR ESTABLISHMENT

Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, ranch or similar establishment.

RIGHT TO FARM LAW

Chapter 72, Farming, of the Code of the Town of Red Hook.

ROADSIDE STAND

A structure where products grown on the premises or elsewhere by the operator of the "roadside stand" may be sold and purchased.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar photovoltaic system attached to any part or type of roof on a legally permitted building or structure on file with the Town of Red Hook Building Department and that is either the principal structure or an accessory structure on a recorded lot.

[Added 12-12-2017 by L.L. No. 5-2017]

RUN-OF-RIVER

An operational mode of a micro hydropower facility in which power is generated by the elevation drop in free-flowing water without mechanical manipulation to increase the height of the dam or the reservoir size, except the use of flashboards as provided in § 143-107.lH.

[Added 10-12-2021 by L.L. No. 4-2021]

SATELLITE DISH ANTENNA

Any parabolic dish, antenna or other device or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites.

SERVICE BUSINESS

An establishment primarily engaged in rendering services on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, office equipment rental and leasing, commercial research, development and testing, photofinishing and personnel services.

SETBACK

The minimum horizontal distance from the property line to any structure, roadway, parking area, accessory building or other such improvement on a lot, except necessary driveways.

SHED

A temporary or permanent accessory structure for animal husbandry or storage, not including the storage of an automotive vehicle, and not to exceed 192 square feet of floor space and 11 feet in height measured from mid-gable to final grade. The term shed shall not include a shipping container, storage pod or truck body.

[Added 11-10-2008 by L.L. No. 7-2008]

SHOPPING CENTER

A tract of land with buildings or structures planned as a whole with shared access, parking and other facilities and intended for occupancy by five or more retail, restaurant, personal service, business service or office establishments authorized within the particular zoning district in which the shopping center is located.

SHORT-TERM RENTAL (STR)

The accessory use of a structure whereby overnight accommodation is provided for transient occupancy for compensation, whether monetary or otherwise, for fewer than 30 consecutive days/nights. This term does not include boardinghouses or rooming houses. The following are types of short-term rentals:

[Added 12-22-2021 by L.L. No. 6-2021]

(1)

FARM STAY STRAn STR, whether hosted or un-hosted, on property in the AB District and which may include an adjacent RD3 or RD5 parcel operated as part of the same farm subject to the conditions set forth in this chapter.

(2)

HOSTED STRAn STR where the property owner is present on the premises overnight with their guest(s).

(3)

REGISTERED STRAn un-hosted STR within a detached single-family dwelling which is the primary residence of the owner thereof, when used only once per year and registered in accordance with Chapter 112 of the Code.

(4)

UN-HOSTED STRAn STR where the property owner is not present on the premises overnight with their guest(s). This term includes house swaps, home exchange, or similar temporary use of a home. Un-hosted STR does not include a farm stay STR otherwise permitted by this chapter.

SIGN

Any material, structure or device or part thereof composed of lettered or pictorial matter which is located out of doors or on the exterior of any building, including window signs over two square feet in area located within three feet of the interior window surface and intended to be viewed from the exterior of the building, displaying an advertisement, announcement, notice or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs and shall include any declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business or cause when the same is placed in view of the general public. A "sign" shall not include any display of official court or public office notices, any official traffic control device, the flag, emblem or insignia of a nation, political unit, school or religious group or a single private residential identity not exceeding two square feet in area and denoting the name, address and profession of the occupants of the residential premises.

SIGN, ACCESSORY

A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

SIGN, ADVERTISING

A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is primarily conducted, sold or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. "Sign, advertising" includes but is not necessarily limited to the term "billboard."

SIGN, DIRECTIONAL

An off-premises sign directing the way to a place of business, public service, residence or other facility or use.

SIGN, FREESTANDING

A sign that is not affixed to a building and is so constructed as to be an independent unit; included are pole signs, pylon signs and masonry wall types.

SIGN, HEIGHT OF

The distance from the mean ground level beneath the sign to the highest point of the sign structure.

SIGN, NONACCESSORY

See definition of "sign, advertising."

SIGN, OBSOLETE

A sign that advertises a nonexistent product or establishment or a past event.

SIGN, PORTABLE

Any device on wheels or a stand that is designed to be easily moved, the purpose of which is to display a sign.

SIGN, SURFACE AREA OF

The entire area within a single, continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. Only one face of a sign shall be counted in computing the area, provided that there is identical copy on both sign faces.

SIGN, WALL

A sign attached directly to the wall of a building, parallel to said wall and having a visible edge or border extending not more than 12 inches from the face of such wall.

SINGLE OWNERSHIP

Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 calendar years, regardless of any division of land into parcels for the purpose of financing.

SITE PLAN

That map or drawing and all related information which together constitute a complete application, submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article VII of this chapter.

SMALL SOLAR ENERGY SYSTEM

A solar energy system with a rated capacity of less than 25kW, the principal purpose of which is to provide electrical power to be consumed on site or to provide energy to be shared with other power customers (which may include both physical or virtual aggregation).

[Added 12-12-2017 by L.L. No. 5-2017]

SOIL MINING

See "extractive operations."

[Amended 6-26-2019 by L.L. No. 5-2019]

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both solar panels and solar photovoltaic related equipment.

[Added 12-12-2017 by L.L. No. 5-2017]

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

[Added 12-12-2017 by L.L. No. 5-2017]

SOLAR PHOTOVOLTAIC RELATED EQUIPMENT

Items including but not limited to solar photovoltaic cells, panels, arrays, raceways, wiring, switch gear, metering, mounting brackets, framing, storage devices, and foundations used for or intended to be used for the collection of solar energy.

[Added 12-12-2017 by L.L. No. 5-2017]

SPECIAL PERMIT USE

A use which is deemed permissible within a given zoning district or districts, but which may exhibit characteristics or create impacts incompatible with other uses provided therein. The special use shall, therefore, be subject to approval by the Planning Board in accordance with the conditions set forth for such use, as well as other applicable provisions of the chapter.

STEEP SLOPES

Slopes of 20% or greater. Slope determination shall be based upon five-foot USGS contour intervals, unless an applicant elects to submit slope information with smaller contour intervals, or a specific section of the Zoning Law or of Chapter 120, Subdivision of Land, requires the use of smaller contour intervals.

[Added 7-12-2011 by L.L. No. 3-2011]

STORAGE, OPEN

Land used for the keeping of goods, wares or supplies on land outside of any building or structure. "Open storage" shall, however, not be construed as including the activities of junkyards or landfills, as defined herein.

STORY

That part of a building included between any floor, other than a cellar, and the floor or roof next above.

STREET

A public or private right-of-way which provides vehicular access to abutting properties, which, even if a private right-of-way, may not be less than 15 feet in width to constitute access under § 280-a of the Town Law; or a proposed way shown on a plat approved by all appropriate governmental jurisdictions.

STREET LINE

The dividing line between a lot and a street right-of-way, as indicated by dedication or deed of record.

STRUCTURE

A static construction or assembly or materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having such a fixed location. "Structures" shall include, among others, buildings, stadiums, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, tennis courts, gasoline pumps, billboards, signs and mobile dwellings. "Structures" shall not include utility poles, wire and related equipment.

STRUCTURE, ACCESSORY

See "accessory structure."

STRUCTURE, PRINCIPAL

See "principal structure."

SUBDIVISION

The division of any parcel of land into two or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of lot line alteration, transfer of ownership, lease for other than recreation, conservation or agricultural purposes or building development. Such division shall include resubdivision of any parcel of land for which an approved plat has already been filed in the Office of the Dutchess County Clerk and which is entirely or partially undeveloped.

SUBDIVISION, PARTIAL

The division of any parcel of land under § 143-39.1 of this chapter which covers only a part of the subdivider’s entire holding and which does not realize the full development potential of the property.

[Added 7-12-2011 by L.L. No. 3-2011]

SUBSURFACE UTILITY SYSTEM

A subsurface sanitary sewage disposal system, well, or other utility structure accessory to a principal or accessory structure on a lot.

[Added 2-13-2018 by L.L. No. 1-2018]

SUSTAINABLE FORESTRY MANAGEMENT

Management in which the volume of wood removed is equal to growth within the total forest, where the long-term health of forest ecosystems is maintained over time.

[Added 6-26-2019 by L.L. No. 5-2019]

SWIMMING POOL

Any outdoor pool, tank, depression or excavation created for the specific purpose of swimming that causes the retaining of water to a depth greater than 18 inches and having a water surface area in excess of 100 square feet.

SWIMMING POOL, PUBLIC

A swimming pool, as defined herein, used:

(1)

For swimming or bathing for a fee;

(2)

As an accessory use to a residential development, multiple dwelling, lodging; and/or

[Amended 3-8-2016 by L.L. No. 1-2016]

(3)

By members of a nonprofit club.

TELECOMMUNICATIONS TOWER

Any structure greater than 35 feet in height, which is capable of receiving and/or transmitting signals (for the purpose of communication).

[Added 12-23-1998]

TEMPORARY

A period of not more than 30 calendar days except where otherwise more strictly specified.

THEATER

A facility devoted to presenting entertainment on a paid admission basis.[14]

TIMBER OPERATION

The on-farm production, management, harvesting, processing and marketing of timber grown on a farm in a New York State certified Agricultural District, conducted in a manner consistent with the Timber Harvesting Guidelines promulgated by the New York State Department of Environmental Conservation, into woodland products, including but not limited to logs, lumber, posts and firewood, provided that such farm consists of at least seven acres and produces for sale crops, livestock or livestock products of an annual gross sales value of $10,000 or more and that the annual gross sales value of such processed woodland products does not exceed the annual gross sales value of such crops, livestock or livestock products.

[Added 7-12-2011 by L.L. No. 3-2011]

TOWN ENGINEER or DESIGNATED TOWN ENGINEER

That New York State licensed professional engineer, either employee or consultant, who shall be chosen by the Town Board upon recommendation of the Planning Board to perform the duties of the designated Town Engineer for purposes of this chapter.

TOWN LAW

The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.

TOWN PLANNER or DESIGNATED PLANNING CONSULTANT

That professional planner, either employee or consultant, who shall be a member of the American Institute of Certified Planners, who shall be chosen by the Town Board upon recommendation of the Planning Board to assist in the review of project-specific applications and to advise on the administration of this chapter and related requirements, including the Town's land subdivision regulations.[15]

TRAILER, CAMPING

A folding structure, mounted on wheels and designed for limited travel recreation and vacation use only.

TRAILER, TRAVEL

A vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation and vacation purposes, having a body length not exceeding 26 feet and a body width not exceeding eight feet.

TRANSFER STATION

A solid waste management facility, other than a recyclable handling and recovery facility exclusively handling nonputrescible recyclables, that can have a combination of structures, machinery or devices, where solid waste is taken from collection vehicles and placed in other transportation units for movement to another facility.

USE

The specific purpose for which land, a building or a building group is designed, arranged, intended to be or for which it is or may be occupied or maintained. See related definitions of "accessory use," "nonconforming use," "principal use" and "prohibited use."

USE REGULATIONS

The controls which enumerate the permitted principal, permitted accessory and special permit uses within each of the zoning districts established by this chapter.

VALUE-ADDED PRODUCTS

Goods produced from harvested crops with the defining or distinguishing ingredient being grown by the producer.

[Added 7-12-2011 by L.L. No. 3-2011]

VARIANCE, AREA

An exception from the area and bulk regulations or supplementary regulations of a related character (such as amount, size, location or design of access, off-street parking, landscaping or signage) to authorize on a specific lot a permitted use which could not be feasibly established without relief from one or more of the dimensional or topographic requirements pertaining to the zoning district.

VARIANCE, USE

An exception from the use regulations to allow the establishment on a specific lot of a use otherwise not allowed or prohibited in the particular zoning district.

VETERINARIAN'S OFFICE

An establishment for the medical and/or surgical care of sick or injured animals, including facilities for their temporary occupation and, when operated as an accessory use by the licensed veterinarian, facilities for their cremation; also known as "animal hospital."

WALL

A structure of wood, stone or other materials, or a combination thereof, intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.

WAREHOUSE

A building or portion thereof used for the storage of property. This shall not be deemed to include the storage area normally associated with a retail business and located on the same property.

WETLANDS

New York State Department of Environmental Conservation designated wetlands and those adjacent land areas within 100 feet of the delineated wetland; federal wetlands regulated by the United States Army Corps of Engineers; and any locally protected wetlands.

[Added 7-12-2011 by L.L. No. 3-2011]

WHOLESALE BUSINESS

An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers, to other wholesalers or to industrial or professional business users or primarily acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

WINERY

The manufacturing premises of a wine producer, located on a farm, which may include retail facilities.

[Added 7-12-2011 by L.L. No. 3-2011]

YARD

An open space on the same lot, plot or parcel of land with a building or building group lying between the closest point of the front, rear or side wall of a building and the nearest lot line, unoccupied and fully open to the sky, except as otherwise permitted by the specific provisions of this chapter.

YARD, FRONT

A yard extending across the principal street side (i.e., front lot line) of a lot measured between the side yard lines, the depth of which yard is the minimum horizontal distance between the street line and the main or principal building on the lot.

YARD, REAR

A yard extending across the full width of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building.

YARD, SIDE

A yard between any lot line, other than the street line or rear lot line, and a line drawn parallel thereto and between the front and rear yards.

ZERO LOT LINE

A development approach in which a building is sited along one or more lot lines with no yard. The building may be freestanding or it may share a common wall with a building on the adjacent lot.

ZONING DISTRICT MAP

The map delineating the boundaries of the various districts established under this chapter which, along with the text, comprises this chapter.

ZONING ENFORCEMENT OFFICER

That person appointed by the Town Board and charged with the responsibility of administering and enforcing this chapter, Chapter 120, Subdivision of Land, and related regulations pertaining to the use and development of land and to the use of structures within the Town of Red Hook. At the discretion of the Town Board, the Zoning Enforcement Officer may also serve as Building Inspector.

[1]

Editor's Note: The schedule has been included at the end of this chapter.

[2]

Editor's Note: The definition of "Bed-and-breakfast establishment," which immediately followed, was repealed 12-22-2021 by L.L. No. 6-2021.

[3]

Editor's Note: The definition of "cluster development," which immediately followed this definition, was repealed 7-12-2011 by L.L. No. 3-2011. See now the definition of "conservation subdivision" below.

[4]

Editor’s Note: The former definition of “fast-food or drive-in restaurant,” which immediately followed this definition, was repealed 5-30-2018 by L.L. No. 3-2018.

[5]

Editor's Note: The definition of "guest cottage," which immediately followed this definition, was repealed 7-11-1995 by L.L. No. 1-1995.

[6]

Editor's Note: The former definition of "Hamlet Buildings Review Committee," added 11-9-1993 by L.L. No. 4-1993, and which immediately followed this definition, was repealed 3-8-2016 by L.L. No. 1-2016.

[7]

Editor's Note: The former definition of "hotel," which immediately followed this definition, was repealed 3-8-2016 by L.L. No. 1-2016.

[8]

Editor's Note: See Ch. 120, Subdivision of Land.

[9]

Editor's Note: The former definition of "inn," which immediately followed this definition, was repealed 3-8-2016 by L.L. No. 1-2016.

[10]

Editor's Note: The schedule is included as an attachment to this chapter.

[11]

Editor's Note: The former definition of "motel," which immediately followed this definition, was repealed 3-8-2016 by L.L. No. 1-2016.

[12]

Editor's Note: The schedule has been included at the end of this chapter.

[13]

Editor's Note: This schedule has been included at the end of this chapter.

[14]

Editor’s Note: The former definition of “timber harvesting,” which immediately followed, was repealed 6-26-2019 by L.L. No. 5-2019.

[15]

Editor's Note: See Ch. 120, Subdivision of Land.