Town of New Windsor, NY Article XVI Definitions

§ 300-89 Word usage; definitions.

A. Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."

B. The meaning of all words mentioned in this Code shall assume their common law definition or, if applicable, their definition as set forth in state or federal law, in that order of preference to the extent permitted by law, unless defined below in this article.

[Amended 5-3-2023 by L.L. No. 4-2023[1]]

[1] Editor's Note: This local law also redesignated former Subsection B as Subsection C.

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

ACCESSORY

A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot.

ACCOMMODATION UNIT

Each bed, bunk, cot or other arrangement for sleeping by a single person or family.

AGRICULTURAL TOURISM or AGRITOURISM

A form of commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm or other agricultural business for the purposes of entertaining and/or educating the visitors or patrons and generating income for the farm or business owner. Agricultural processing associated with an agritourism use shall not include the processing of any livestock, including activities such as the slaughtering of animals or the packaging of meat for sale.

[Added 10-5-2022 by L.L. No. 8-2022]

AGRICULTURAL TOURISM or AGRITOURISM ACTIVITY

Any activity carried out on a farm that allows consumers or members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including, but not limited to, farming, on-site educational programs, recreational farming programs that include on-site hospitality services, guided and self-guided tours, bed-and-breakfast inn establishments or lodging accommodations, corn mazes, harvest-your-own (U-pick) operations, hayrides, weddings or other large social gatherings to occur on the premises.

[Added 10-5-2022 by L.L. No. 8-2022]

AGRICULTURE or HORTICULTURE

The cultivation of soil for food products or other useful or valuable growths in the field or garden, exclusive of facilities for display of products and marketing on the premises, whether wholesale or resale. "Agriculture" shall be deemed to also include poultry or livestock production or breeding and the raising of cattle for the purpose of milk production.

ALTERATION

A change or rearrangement in the structural parts of a building, or an enlargement, whether by extending a side or by increasing the height of such building.

ANIMAL KENNEL

Any building, structure or premises in which animals are kept, boarded or trained.

BASEMENT

A story in a building, the structural ceiling level of which is four feet or more above the average level of the finished grade where such grade abuts the exterior wall of such building which fronts on any street, and the floor level of which is below the finished grade at any point on the periphery of the building.

BEDROOM

The term "bedroom" refers to each additional room or 200 square feet of floor area in excess of space permanently allocated for kitchen, dining area, living area, bath facilities and storage spaces of less than 30 square feet in each such permanent storage space.

BILLBOARD

A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.

BUILDING

Any combination of materials forming any construction, except where entirely underground, so as to permit the use of the ground above the same as if no building was present; the term "building" shall include the term "structure" as well as the following:

(1) Signs.

(2) Fences.

(3) Walls, other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level.

(4) Radio and television receiving and transmitting towers and antennas, except for such antennas installed on the roof of a building and extending not more than 20 feet above the highest level of the roof of such building.

(5) Porches, outdoor bins and other similar structures.

CELLAR

Any space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible number of stories.

CLUBHOUSE

A building, structure, lot or land area used as a private club or social organization with annual membership dues or associated with a site plan development.

CODE ENFORCEMENT OFFICER

A Town of New Windsor employee holding the position of Building Inspector. Additionally, the Assistant Building Inspector, Zoning Inspector, Assistant Zoning Inspector, Fire Inspector, Assistant Fire Inspector shall perform Code Enforcement duties under the coordination and supervision of the Code Enforcement Officer.

COMMERCIAL RECREATION FACILITY

Any recreational facility in private ownership requiring compensation or admission fees for the use thereof, other than accessory to single-family residential uses.

CONVALESCENCE FACILITY

A building facility utilized for the purpose of aiding or assisting the recovery of health and/or rehabilitation following sickness.

COURT, INNER AND OUTER

Any unobstructed open area bounded on three or more sides by the walls of a building or buildings, not including any such area with no windows opening upon it except windows on a stairway. An inner court does not extend to a street or yard; an outer court extends to a street or yard.

COVERAGE, BUILDING

The percentage of the area of a lot covered by a building or buildings.

COVERAGE, DEVELOPMENT

The percentage of a lot covered by buildings, parking areas, accessory structures and any impervious materials.

CURB LEVEL

The established elevation of the street grade at a point that is opposite the center of the wall nearest to and facing the street line.

DAY-CARE CENTER

See "school of private instruction."

DOMESTIC ANIMALS

Various species of animals such as cats, dogs, hamsters and the like which normally and conventionally board in residential dwellings. See also Town Code Chapter 96.

DOMICILE

The legal residence of a person; the fixed, permanent and principal home for legal purposes.

DWELLING, ONE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, TOWNHOUSE

A one-family dwelling with two common or party walls separating it from adjacent units on both sides.

DWELLING, TWO-FAMILY

A detached 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, having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, inn and a lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.

ESSENTIAL SERVICE

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare.

FAMILY

One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit, who are living together as a bona fide stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.

FLOOR AREA, LIVABLE

All spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square-foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any room within the dwelling unit and all attic space having a clear height of six feet from finished floor level to the pitch of roof rafters, with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.

FLOOR AREA RATIO

The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

GARAGE, REPAIR

Any garage, other than a private garage, available to the public, operated for gain and which is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GASOLINE SERVICE STATION

A building or other structure or a tract of land used or heretofore used primarily for the servicing of motor vehicles. It shall signify a retail place of business engaged primarily in the sale of motor fuels, and also in supplying goods and services generally required in the operation and maintenance of motor vehicles, including the sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; and the performance of routine automotive maintenance and repairs.

HEIGHT

The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure, excluding a chimney.

HOME OCCUPATION

Any occupation customarily conducted within a dwelling used for living purposes. The home occupation must be incidental and secondary to the use of the dwelling for residential purposes. Home occupations shall not include, among others, the following: medical and dental clinics, restaurants or on-premises consumption food services, kennels or animal hospitals. The home occupation shall comply with § 300-25 of the Code.

[Amended 9-7-2016 by L.L. No. 2-2016]

HOSPITAL

A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified. A hospital shall be deemed to include a sanatorium, clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation.

HOTEL

A building or buildings containing accommodation units for housing transient guests for compensation.

INCIDENTAL

A use or structure that is accompanying, but not a major part of something. Secondary, subordinate, ancillary or peripheral thereto.

[Added 4-7-2021 by L.L. No. 3-2021]

JUNKYARD

Any area of land, including buildings thereon, which is used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. Two or more motor vehicles stored outside without current license plates for a period of 30 days shall constitute a junkyard.

LABORATORY

A building used for experimentation in pure or applied research, design, development and production of prototype machines or of new products, and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products. A laboratory shall meet the same performance standards as nonnuisance industry.

LIVESTOCK

Animals, including but not limited to domestic animals, such as sheep, horses, cattle and goats.

LOT

Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

LOT AREA (GROSS)

The total horizontal area included within the property lines of a lot, as calculated by a professional land surveyor licensed in the State of New York. [Also see "lot area (net)" for additional zoning requirements.]

LOT AREA (NET)

The total horizontal area included within the property lines of a lot (as calculated by a professional land surveyor licensed in the State of New York), but specifically excluding areas of the lot covered by easements, rights-of-way, encumbrances, designated New York State freshwater wetlands (not including buffer areas), federal wetlands, or areas otherwise precluded from development. For zoning and subdivision compliance, all lots shall be required to have a minimum net lot area with a value equal to or exceeding 60% of the required gross lot area.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.

LOT LINE

Any boundary of a lot other than a street line.

LOT LINE, REAR

The lot line generally opposite to the street line. If the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.

LOT WIDTH

The average distance between side lot lines measured at the front yard setback line and measured at right angles to the side lot lines or along a parallel to the street. Said measurement shall be made along the public road, private road or shared commercial access right-of-way, whichever is applicable.

MAIN FLOOR

The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building.

MANUFACTURING

Any process whereby the nature, size or shape of articles of raw materials is changed, or where articles are assembled or packaged in quantity.

MANUFACTURING, LIGHT

Any process whereby the nature, size or shape of articles of raw materials is changed, or where articles are assembled such that no chemical or compressive processes are required and whose finished size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds per unit.

MEDICAL AND DENTAL CLINIC

Any facility in which two or more physicians and/or dentists practice cooperatively for the diagnosis and treatment of patients.

MEDICAL OFFICE

A category of licensed medical professionals, including but not limited to medical doctors, dentists, opticians, optometrists, chiropractors, podiatrists, veterinarians and psychiatrists.

MEMBERSHIP CLUB

An organization composed of people who voluntarily meet on a regular basis for a mutual purpose other than educational, religious, charitable, or financial pursuits.

MINI WAREHOUSE

A building separated into relatively small, lockable individual units, typically with a garage-door-style opening, that provides storage. Units are typically rented month to month.

MOTOR VEHICLE

A self-propelled device which includes automobiles, trucks, motor homes, motorcycles, all-terrain vehicles (ATVs), boats, jet skis, motorized jet skis and tractors.

MULTIPLE DWELLING

A building or portion thereof containing three or more dwelling units.

NONCONFORMING BUILDING

A structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the building regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

NONCONFORMING USE

Any use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the use regulations of this chapter for the district in which it is located.

OCCUPANT

Person in possession or in control of premises or using the premises.

OFFICIAL MAP

The Official Map,[2] adopted and established by the Town Board, of that part of the Town outside of the limits of any incorporated village, showing the streets, highways, parks and drainage systems laid out on such map, including any references to more detailed maps and studies. The Official Map is final and conclusive with respect to the location and width of streets, highways, drainage systems and parks shown thereon, and the Official Map is hereby declared to be established to conserve and protect the public health, safety and general welfare.

OWNER

Person having title to premises.

OWNERSHIP, SAME

Includes all vested or contingent interests of any person or his agent, representative, successor or assignee, irrespective of whether or not such interest is recorded, in the following circumstances:

(1) Direct ownership by such person, or his or her child, parent, sibling or spouse of a sibling, heir or next of kin or agent, corporation, firm, entity, partnership or unincorporated association.

(2) Property owned by different corporations, firms, partnerships, entities or unincorporated associations, in which such a person is a stockholder, a partner or associate or his or her child, parent, sibling or spouse of a sibling, heir or next of kin, or owns a ten-percent or greater interest in each corporation, firm, partnership, entity or unincorporated association.

(3) When such person or his estate, successors or assigns, or any person or entity included in Subsections (1) and (2) of this definition, may be materially or substantively affected by the relief sought or by any determination made in any proceeding sought before any board, body, commission or agency of the Town of New Windsor, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.

PARKING AREA

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

PARKING SPACE

A stall or berth which is arranged and intended for the parking of one motor vehicle in a garage or parking area.

PERSON

Any individual, firm, company, association, society, corporation or group.

PERSONAL SERVICE ESTABLISHMENT

Personal service uses which involve touching or near touching of the body, such as barbershops, beauty shops, tailor shops, tattoo establishments, masseurs and physical therapy; as well as uses involving the mind such as psychologist, counselor, social worker and diet counselor.

PLANNED INDUSTRIAL DEVELOPMENT

A development which contains two or more buildings containing a combination of office, warehouse and nonnuisance industry in a unified, campus design. The development may also contain accessory uses such as cafes, cafeterias, conference rooms, or other services intended to serve employees of the site.

[Added 4-7-2021 by L.L. No. 3-2021]

PREMISES

A lot, plot or parcel of land, including the building or structures on it.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located. Where more than one use is on a lot, the lower or more intense use of the lot shall be considered the principal use.

PUBLIC WATER and PUBLIC SEWER

Sewage disposal and water supply systems owned, operated and maintained by the Town.

QUARRY AND EXCAVATION OPERATIONS

Any place where stone, sand, gravel, minerals or other natural material, except topsoil, is removed for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with or in anticipation of building development or landscaping on the site.

RECREATIONAL FACILITIES

Places for leisure activities open to the public, including but not limited to golf courses, tennis courts, ice-skating rinks, swimming pools, lakes, beaches, play fields, ski areas, amusement parks, drive-in theaters, museum villages, golf driving ranges, racetracks, gymnasiums, martial art studios and sport complexes.

RESIDENT

A person who dwells or lives in premises for a prolonged and continuous period of time; not necessarily the person's place of domicile, although it may be. A person may have more than one residence, but only one domicile.

RETAIL SALES

The sale of consumer goods primarily in an indoor over-the-counter location, not including used car sales.

SCHOOL OF PRIVATE INSTRUCTION

Any nonpublic school conducting a regularly scheduled curriculum or program of scheduled activities, including but not limited to technical, vocational or computer schools, martial arts studios, aerobics classes, gymnastics classes, weight control centers and duly licensed nursery schools and duly licensed day-care centers.

SCHOOL OF SPECIAL INSTRUCTION

Any nonpublic school conducting a regularly scheduled comprehensive curriculum of study and operated by non-stock corporations under the Education Law of the State of New York.

SERVICE ESTABLISHMENT

A place of business offering consumer services, including but not limited to day-care centers, dry cleaners, art studio, schools of instruction, teaching music and dancing, computer services, martial arts, diet centers, secretarial schools, equipment operation schools, funeral parlors, theaters, bicycle and specialty shops, but excluding motor vehicle service and repair, and car washes.

SIGN

Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A sign includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations, or of any governmental agency, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.

SIGN AREA

Includes all faces of a sign measured as follows:

(1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.

(2) When a sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total sign area of such sign shall be measured by taking the limits or corner extremities of the letters or other elements and measuring the area contained within such limits or corners.

SIGN, TEMPORARY

A sign that is:

(1) Intended for a temporary period of posting on public or private property;

(2) Typically constructed from nondurable materials, including paper, cardboard, cloth, plastic, and, or wallboard; and

(3) Does not constitute a structure subject to the Town's Building Code or Zoning Law provisions.

SIGN WALL AREA

The area of a building wall fronting on a street not including doors and windows.

SOLID WASTE

Useless, unwanted or discarded material with insufficient liquid content to be free flowing.

(1) AGRICULTURAL Solid waste that results from the raising and slaughtering of animals and the processing of animal products and orchard and field crops.

(2) COMMERCIAL Waste generated by stores, offices and other activities that do not actually turn out a product.

(3) INDUSTRIAL Waste that results from industrial processes and manufacturing.

(4) INSTITUTIONAL Waste originating from educational, health care and research facilities.

(5) MUNICIPAL Residential and commercial solid waste generated within a community.

(6) PESTICIDE The residue from the manufacturing, handling or use of chemicals intended for killing plant and animal pests.

(7) RESIDENTIAL Waste that normally originates in a residential environment (sometimes called "domestic solid waste").

STORY

That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.

STREET

A street, improved to the satisfaction of the Planning Board, which is one of the following: an existing Town, county or state highway or street; a street shown on an approved subdivision final plat; a street shown on a map filed with the County Clerk (in accordance with § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions; or a street shown on the Official Map of the Town.

STREET LINE

The line between the street and a lot, or a line established by the Official Map as the street right-of-way, whether or not in public ownership.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as beams, columns or girders.

STRUCTURE

A combination of materials which form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, billboards, display signs, fence(s), fence lines, rock wall(s), retaining wall(s), stairway(s), dikes, landscaping ties/ornamentals and/or appurtenances, tree(s), poles and container(s) and clothes drying lines.

[Amended 5-3-2023 by L.L. No. 4-2023]

SWIMMING POOL, PRIVATE

Any constructed body of water or structure to contain water, and any accessory buildings or equipment pertaining thereto, used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. It shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling thereon, to a membership club or to a motel or hotel.

SWIMMING POOL, PUBLIC

Any constructed body of water or structure to contain water, and any accessory buildings or equipment pertaining thereto, which are operated for profit or gain and are used or intended to be used for swimming or bathing by persons who pay admission on a daily, weekly or other basis, including season tickets.

TENANT

A person who is the temporary occupant and has the use of premises owned by another for the duration and term of the tenancy, which is usually but not necessarily fixed by lease.

TOPOGRAPHICAL ALTERATION

Any change in the configuration of a surface area, including its relief, relative elevations and position of natural or man-made features, except those changes incidental to or normally part of agricultural operations or home gardening. In all cases, the removal of trees over eight inches in diameter measured three feet above the ground shall be considered a topographical alteration.

TOWN ATTORNEY

The duly designated attorney or legal advisor of the Town of New Windsor.

TRAILER

Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.

USABLE OPEN SPACE

An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to all occupants of the buildings on said lot for purposes of active or passive outdoor recreation.

USE

The specific purpose for which land or a building is used or a building is used or occupied or maintained.

VARIABLE MESSAGE DISPLAY (a/k/a DIGITAL SIGN)

A type of sign or portion thereof where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically or mechanically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location.

[Added 5-3-2023 by L.L. No. 4-2023]

YARD, FRONT

An unoccupied ground area fully open to the sky between the street line, or the street line established by the Official Map of the Town or an approved subdivision plat, and a line drawn parallel thereto.

YARD LINE

A line drawn parallel to a street or lot line at a distance there from equal to the representative yard dimension required by this chapter.

YARD, REAR

An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.

YARD, SIDE

An unoccupied ground area fully open to the sky between any property line, other than a street or rear lot line, and a line drawn parallel thereto between the front and rear yards.

[2] Editor's Note: The Official Map is on file in the Town offices.