A.
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense shall include the future. Words used in the singular
number include the plural, and words used in the plural number include
the singular, unless the context clearly indicates the contrary.
B.
Words used in the present tense include the future
tense.
C.
Words used in the singular include the plural, and
words used in the plural include the singular.
D.
The word "person" includes a firm, association, organization,
partnership, corporation, trust and company as well as an individual.
E.
The word "lot" shall include the word "plot" or "parcel"
or "tract."
F.
The word "shall" is always mandatory and not merely
directory.
G.
The word "structure" shall include the word "building"
and any man-made object or improvement.
H.
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged,
or designed to be used or occupied."
I.
The words "Zoning Map" shall mean the "Zoning Map
of the Town of Poughkeepsie, New York."
J.
Unless the context requires a different interpretation,
any word denoting gender includes the female and the male.
K.
The term "Town Board" shall mean the Town Board of
the Town of Poughkeepsie, New York.
L.
The term "Planning Board" shall mean the Planning
Board of the Town of Poughkeepsie, New York.
M.
The terms "Zoning Board of Appeals" and "Zoning Board"
shall mean the Zoning Board of Appeals of the Town of Poughkeepsie,
New York.
N.
The terms "Building Inspector" and "Zoning Enforcement
Officer" shall mean the Building Inspector or Zoning Enforcement Officer,
respectively, of the Town of Poughkeepsie, New York.
O.
The term "Department of Planning" shall mean the Department
of Planning of the Town of Poughkeepsie, New York.
When used in this chapter, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following definitions shall apply:
See "dwelling; dwelling unit."
[Amended 4-17-2024 by L.L. No. 4-2024]
See "dwelling; dwelling unit."
[Amended 4-17-2024 by L.L. No. 4-2024]
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure. Includes, but is
not limited to gazebo, shed, fabric shelter, temporary storage shelter,
portable on-demand storage unit, and moving container.
[Amended 9-7-2011 by L.L. No. 21-2011]
A use incidental to and on the same lot as a principal use.
A way or means of approach to provide vehicular or pedestrian
physical entrance to a property. An accessway may be public or privately
owned and maintained.
GROSSThe total acreage of a parcel or parcels of land proposed for subdivision and/or development, as determined by a certified survey.
NETThe gross acreage of a parcel of land minus the acreage of constrained land and lands that are proposed to be occupied by public utility easements and/or central services (i.e., stormwater, water supply, and/or sewage disposal facilities). It is this figure into which the minimum lot size per dwelling unit is to be divided to determine the buildable area and the buildable yield of a lot or property proposed for development.
Contemporary use of an existing building or structure for
a use other than that for which it was originally designed, intended
or occupied, e.g., use of a former barn as a residential dwelling.
This shall include the expansion of the existing building or structure
by not more than 25% of the existing gross floor area. An expansion
of an existing building or structure by more than 25% shall be deemed
to be a "redevelopment."
Any property adjoining, directly opposite, or within 100
feet of the boundary of any portion of the subject parcel. This definition
shall include all property separated by a street or within 100 feet
of the street frontage of the subject parcel.
Any use or business that:
Is any use of land, structure or location which,
by the provisions of the Penal Law, is required to restrict the access
thereto by minors; and
Is an establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female; and
Is a location, building or structure used for
presenting, lending or selling motion-picture films, videocassettes,
cable television or any other such visual media, or used for presenting,
lending or selling books, magazines, publications, photographs or
any other written materials distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas as defined below:
Is the use of land, structures or location for
an adult entertainment business or as an adult physical contact establishment
as defined below:
ADULT ENTERTAINMENT BUSINESSIncludes adult bookstores, adult video stores, adult theaters, adult cabarets, adult physical contact establishments, and nude modeling studios, which shall be defined as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined above.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined above.
ADULT THEATERAn establishment which regularly features live performances, films, motion pictures, videocassettes, DVDs, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas as defined herein. An adult theater shall also include drive-in theaters and establishments where such materials or performances are viewed from one or more individual enclosures or booths.
ADULT CABARETAn establishment which features live topless dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT PHYSICAL CONTACT ESTABLISHMENTAny establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments.
NUDE MODEL STUDIOAny place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of New York or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of
the structure and no other advertising that indicates that a nude
or seminude person is available for viewing; and
Where in order to participate in a class a student
must enroll at least three days in advance of the class; and
Where no more than one nude or seminude model
is on the premises at any one time.
The employment of land for raising, harvesting, keeping,
and selling crops or feed, and for keeping, grazing, breeding, managing,
selling or producing livestock, poultry, fur-bearing animals or honeybees,
or dairying and the sale of dairy products, or any other horticulture,
floriculture or viticulture, aquaculture, hydroponics, silviculture,
animal husbandry, or a combination thereof. It also includes the employment
of land, including for the primary purpose of obtaining a profit,
for stabling or training equines, including but not limited to providing
riding lessons, training clinics and schooling shows, including other
on-farm niche marketing promotions.
[Added 9-7-2011 by L.L. No. 21-2011]
The production and sale of field and orchard crops, including
landscape plant materials. The offering for sale or selling of any
such agricultural products at retail to the public from a farm market
shall not be construed as an agricultural use unless such offerings
or sales are exclusively of agricultural commodities grown on the
parcel where the market is located.
The production, preservation and sale of field and orchard
crops, livestock, poultry and dairy products. The offering for sale
or selling of any agricultural products at retail to the public from
a farm market shall not be construed as an agricultural use unless
such offerings or sales are exclusively of agricultural commodities
grown or produced on the parcel where the market is located.
A narrow street or passage between properties or buildings
serving as a secondary means of access to abutting property.
Any change or rearrangement in the structural parts or an
enlargement, whether by extension on any side or by an increase in
height, or the moving of a structure from one location to another
or the demolition of a structure.
Facilities which include but are not limited to family care
homes for the elderly (55 years of age or older), private property
homes for the elderly (55 years of age or older), proprietary homes
for the elderly (55 years of age or older), proprietary residences
for the elderly (55 years of age or older), nursing homes, domiciliary
care facilities and like facilities.
A machine or device, whether mechanical, electrical or electronic,
which shall be ready for play by the insertion of a coin, token or
other similar object and may be operated for use as a game, entertainment
or amusement, the object of which is to achieve either a high or a
low score, which by comparison with the score of other players, whether
playing concurrently or not, demonstrates relative skill or competence
or indicates in any other way competitive advantage of one player
or team over another, regardless of skill or competence. It shall
include devices such as pinball machines or any device which utilizes
a video tube to reproduce symbolic figures and lines intended to be
representative of real or fanciful games or activities.
A group of more than three amusement game machines or other
amusement machines in the same place, location or premises, whether
as a principal or accessory use.
A machine or device, not including an amusement game machine,
which, by the insertion of a coin, token or other similar object,
provides a rise, sensation, electronic reading or weight, photograph,
lamination or other item of merchandise provided at random among other
items of merchandise.
A project comprised of a mix of uses that may include but
is not limited to commercial, residential and institutional uses.
Anchor projects contain sufficient residential density and supporting
commercial uses to promote business activity both on and off site
and that may act as a catalyst for increased investment on adjoining
and nearby properties that may be underutilized or blighted. Anchor
uses include provisions for plazas and/or green spaces and promote
a walkable environment.
[Added 8-21-2019 by L.L.
No. 5-2019]
See "animal services."
[Amended 7-5-2023 by L.L. No. 8-2023]
[Added 7-5-2023 by L.L. No. 8-2023]
ANIMAL GROOMINGAn establishment where animals are bathed, clipped, trimmed, brushed, or combed for the purpose of enhancing their aesthetic value or health, and for which a fee is charged or paid, which shall be conducted entirely indoors, and which shall not include overnight boarding.
ANIMAL HOSPITALA facility where licensed veterinarian(s) provide medical and/or surgical care for sick or injured animals, and where such animals may be boarded during their convalescence.
ANIMAL RESCUEA not-for-profit organization dedicated to pet adoption which takes in unwanted, abandoned, abused or stray animals with the intent to find them a suitable new permanent home. An animal rescue may also provide the accessory uses of kennel, wildlife rehabilitation services, animal sanctuary, veterinary office, and/or animal hospital services.
ANIMAL TRAININGA facility that provides services such as obedience classes, training, or behavioral counseling for household pets.
Any place or facility at which are kept four or more dogs more
than four months of age for any purpose, provided, however, that this
definition shall not apply to any other animal services defined herein;
or
Any place or facility at which four or more dogs are kept overnight
or during the day where the primary purpose of the facility is the
boarding or breeding of dogs for which a fee is charged or paid, and
which may include animal grooming and animal training as an accessory
use.
PET STOREA retail business that sells pet food and supplies, and wherein animals, including but not limited to dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship, and which may include animal grooming, indoor animal training, and veterinary office as accessory uses.
VETERINARY OFFICEAn establishment wherein animals are provided medical diagnosis and treatment by licensed veterinarian(s), where only outpatient services are provided and overnight care or boarding of animals is prohibited.
Any system of poles, rods, wires, reflecting disks or similar
devices used in the transmission or reception of electromagnetic waves
external to or attached to the exterior of any building (see also
"satellite dish and microwave antenna").
An application that includes the following:
A completed application form together with all
information concerning a proposed project in the format as specified
by the applicable provisions of this chapter;
All application fees required by this chapter
and the professional review fee escrow deposit, if any, required by
the reviewing agency;
An EAF or DEIS assessing the potential environmental
impacts of the proposed project;
A determination by the reviewing agency, or
by the lead agency in the event of coordinated review, that the proposed
project is not likely to have a significant impact on the environment
(negative declaration), or the filing of a notice of completion of
a draft environmental impact statement in accordance with the provisions
of SEQRA.
The science, art, and business of cultivating marine or freshwater
food fish or shellfish, such as oysters, clams, salmon, and trout,
under controlled conditions.
A place where art is displayed for exhibition and/or sale.
A land survey that shows the final horizontal and vertical
field location of constructed improvements on a lot in relationship
to the approved construction plans, including any design changes and
contractor field changes. This type of survey depicts the location
of all improvements on a site including aboveground and below-ground
structures such as buildings, parking areas, utilities, storm drainage
systems, sewer disposal systems, water supply systems, and any other
constructed features.
[Added 9-7-2011 by L.L. No. 21-2011]
That space of building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as 1/2 story in determining the permissible number
of stories.
Any movable roof-like structure cantilevered, or otherwise
entirely supported from a building, so constructed and erected as
to permit its being readily and easily moved within a few minutes
time to close an opening or rolled or folded back to a position flat
against the building or a cantilevered projection thereof or which
is detachable. A canopy is not included in this definition.
An establishment which sells baked goods directly to the
public on premises. Goods may or may not be baked on premises.
An establishment which produces and sells baked goods primarily
to other establishments, produced primarily for sale off the premises
and only incidentally directly to the public on the premises.
An establishment licensed under the laws of New York State
primarily for the sale and consumption on premises of alcoholic or
nonalcoholic beverages and which may provide live entertainment. Food
may also be served, but it is secondary and incidental to the business.
A grill, nightclub, cabaret, saloon, pub, public house, beer garden
or similar establishment shall be considered to be a "bar" or a "tavern."
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building. A basement shall be counted as one
story in determining the height of a building if it meets the criteria
as habitable space as defined in the New York State Building Codes.
A single structure affording overnight accommodations and
limited food services to guests.
All rooms in a dwelling unit beyond one kitchen, living room
and dining room or area. For the purpose of determining the number
of bedrooms in a proposed multifamily dwelling, all dwelling units
shall be rated as having at least one bedroom (example: studio apartment).
[Amended 4-17-2024 by L.L. No. 4-2024]
A sign or structure which directs attention to any idea,
product, business activity, service or entertainment which is conducted,
sold or offered elsewhere than upon the lot on which such sign is
situated.
A building, other than a hotel, where lodging and meals for
five or more persons are provided for compensation. These rooms, individually
or collectively, do not constitute separate dwelling units.
A small retail shop specializing in gifts, fashionable clothes
and accessories.
Open space, landscape areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another use or property so as to visually shield
or block noise, light, or other nuisances.
The space remaining on a lot after the minimum yard, area
and bulk requirements of this chapter have been met, or that area
of the lot for which a variance from said minimum yard, area and bulk
requirements has been granted by the Zoning Board of Appeals.
A lot having a buildable area capable of accommodating proposed
principal and accessory improvements, and including, where required,
an on-site water supply facility and sewage treatment system that
meet the standards of the Dutchess County Department of Health. A
buildable lot shall also adjoin and have access to an improved street,
or shall adjoin and have access to a proposed street that will be
improved as part of the development plan for the lot.
The number of potential building lots or the maximum unit
density for a proposed subdivision after deduction of constrained
land areas and public improvements on the parent parcel and the minimum
yard, area and bulk requirements for each proposed lot have been met.
Any structure which is permanently affixed to the land, has
one or more floors and a roof supported by walls or columns and is
intended for the shelter, housing or enclosure of persons, animals
or chattel.
A building detached from and subordinate to a principal building
on the same lot and used for purposes customarily incidental to those
of the main building.
The total of the areas taken on a horizontal plane at the
main grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
A building that is not attached to any other building and
that is surrounded by open area on the same lot.
The area encompassed by a building's outer wall at ground
level.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
A group of two or more principal buildings and any buildings
accessory thereto, occupying a single lot and having any yard in common.
The vertical distance measured from the average elevation
of the proposed finished grade at the front entrance of the building
to the highest point of the roof for flat roofs, to the deck line
of the mansard roofs and to the median height between eaves and ridge
for gable, hip and gambrel roofs.
The person designated by the Town Board to administer and
enforce the building construction laws, codes and regulations and
other regulations related thereto.
The actual distance in measured feet from the property line
to any building or structure on a lot or, in the case of overhangs,
the line formed by the intersection of the projection of the outermost
wall with the ground.
A building or structure in which the principal use is conducted.
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same buildings; and all open spaces
required in connection with a building, other structure or tract of
land.
Includes the following districts: Neighborhood Business (B-N);
Neighborhood Highway Business (B-NH); Highway Business (B-H); Shopping
Center Business (B-SC); Office Research (O-R); Institutional (IN);
Light Industrial (I-L); Heavy Industrial (I-H); and Quarry (Q).
A restaurant or bar in which patrons are entertained as a
group by live entertainers, disc jockeys, video or electronic shows,
including amusement game machines as defined in this section.
As used herein, "cannabis" shall have the same definition
as that found in New York Cannabis Law § 3. Cannabis also
may be referred to as "marijuana" or "marihuana."
[Added 8-2-2023 by L.L.
No. 9-2023]
An establishment that is licensed by the New York State Office
of Cannabis Management to allow for the consumption of cannabis products
on the premises. The use "on-site cannabis consumption establishment"
is prohibited in the Town of Poughkeepsie.
[Added 8-2-2023 by L.L.
No. 9-2023]
Cannabis, concentrated cannabis, and cannabis-infused products,
and includes made or manufactured products that contain either cannabis
or concentrated cannabis and other ingredients, and are intended for
use or consumption.
[Added 8-2-2023 by L.L.
No. 9-2023]
An establishment that is licensed by the New York State Office
of Cannabis Management to sell or otherwise distribute cannabis products
directly to consumers for use off the premises. A cannabis retail
dispensary may be licensed to operate as an adult-use cannabis retail
dispensary or as a medical cannabis dispensary, or both. A cannabis
retail dispensary does not include an on-site cannabis consumption
establishment.
[Added 8-2-2023 by L.L.
No. 9-2023]
CANNABIS DISPENSARY, MEDICALA cannabis retail dispensary that sells or otherwise distributes cannabis products and related supplies to registered practitioners, certified patients, or designated caregivers for medical use in accordance with Title 5-A of Article 33 of the New York Public Health Law and Article 3 of the New York Cannabis Law.
CANNABIS RETAIL DISPENSARY, ADULT-USEA cannabis retail dispensary that sells or otherwise distributes cannabis products and related supplies to consumers for nonmedical use in accordance with Article 4 of the New York Cannabis Law.
A roof-like structure of a permanent nature which projects
from the wall of a building and overhangs the public way. An awning
is not included in this definition.
A roofed structure, with one or more open sides, used for
the storage of automobiles.
An establishment with a structure open on two sides providing
drive-through washing, steam cleaning, waxing, polishing and machine
drying of vehicles by the public for compensation. Such cleaning may
be self-service by the vehicle operator or be automatic via a chain
conveyor to move the vehicle through the cleaning cycle.
A portion of a structure's interior space partially below
ground level and having more than 1/2 its height below grade or less
than four feet between the ground level and the structural ceiling
level. A cellar shall not be counted as a story in determining the
height of a building in stories.
Land used for the burial of the dead and dedicated for cemetery
purposes, including crematories and mausoleums when operated in conjunction
with and within the boundary of such cemetery.
Includes the following districts: Arlington Town Center (ATC);
South Hills Center (SHC); Crown Heights Center Overlay (CHCO); Fairview
Center (FC); Salt Point Center (SPC); Macdonnell Heights Center (MHC);
Rochdale Road Hamlet (RRH); Red Oaks Mill Neighborhood Services Center
(ROMNSC); Historic Revitalization Development District (HRDD).
For the purposes of zoning, a chicken (Gallus domesticus)
refers only to a female chicken.
[Added 4-17-2019 by L.L.
No. 3-2019]
An establishment where human patients are examined or treated
by one or more medical doctors or other medical professionals practicing
together, providing outpatient services only, and with no overnight
care facilities. Includes ambulatory health care and ambulatory surgery
center facilities.
[Amended 9-7-2011 by L.L. No. 21-2011]
See "club, membership."
A commercial establishment open to the public for a fee that
provides services and facilities for physical fitness training, which
includes but is not limited to swimming, handball and racket sports.
Spas, clubs and other similar facilities featuring exercise or other
active physical conditioning shall also be considered a health and
fitness club. Such uses may include restaurants as accessory uses
and the sales of necessary equipment used in the activities provided.
An association of persons forming a membership corporation,
registered under the Corporation Law of the State of New York as a
nonprofit organization, with bona fide dues-paying members. The corporation
services and caters exclusively to its members and guests, and its
premises and buildings shall be devoted to recreational, athletic,
social, fraternal, civic or cultural purposes conducted on a nonprofit
basis.
An association of persons forming a membership corporation
registered under the Corporation Law of the State of New York as a
nonprofit organization with bona fide dues-paying members. The corporation
owns, hires or leases land and/or buildings or a portion thereof for
the primary and principal use of operating and conducting a generally
recognized sport or recreational activity which includes activities
permitted in a health and fitness club and golf, tennis, basketball
courts, bridge club (nonmembership) instruction, miniature golf courses,
electronic golf courses, golf driving ranges, pitch-n-putt golf, gymnastics
instruction, handball courts, judo instruction, karate instruction,
lifeguard instruction, scuba and skin-diving instruction, sports instruction,
squash courts, swimming pools, volleyball courts, yoga instruction,
swimming, skiing, bowling, archery range instruction, firearm training
and use, soccer, baseball instruction and racquetball courts. Such
uses may include restaurants as accessory uses and the sales of necessary
equipment used in the activities provided. Billiard parlors and billiard
halls are specifically excluded.
A residential subdivision pursuant to Town Law § 278
where the dwelling units that would result on a given parcel under
a conventional subdivision plan are allowed to be concentrated on
a smaller and more compact portion of land and where a majority of
the remaining land is left in its natural open space condition in
perpetuity. Cluster development results in a flexibility of design
and development to promote the most appropriate use of land, to facilitate
the adequate and economical provisions of streets and utilities, and
to preserve the natural and scenic qualities of open lands.
A facility which provides for activities consistent with the educational mission of a college or university that is licensed by the Board of Regents of the State of New York, including but not limited to educational and professional conferences, seminars, symposiums, and other meetings or events. This use is subject to § 210-62.2.
[Added 6-16-2021 by L.L.
No. 5-2021]
Private outdoor and/or indoor recreational facilities such
as golf courses, playgrounds, swimming pools, ice rink, tennis courts,
and fishing and hunting preserves, water parks, tennis courts, driving
ranges, basketball courts, handball and racquets courts, baseball
and softball fields, football fields, polo fields, tracks, and riding
rinks.
An establishment which provides training in specific areas
of knowledge; such training may or may not include a comprehensive
course of study.
A vehicle of more than one-ton capacity used for the transportation
of persons or goods primarily for gain or a vehicle of any capacity
carrying a permanently affixed sign exceeding one square foot in area
or lettering of a commercial nature.
A facility, as defined by § 41.34 of the New York
State Mental Hygiene Law, for mentally disabled persons operated by
or subject to licensure by the Office of Mental Health or the Office
for People with Developmental Disabilities.
[Added 4-17-2024 by L.L. No. 4-2024]
A form of ownership of real property, regulated by the NYS
Attorney General, wherein an individual owns the interior of a dwelling
unit or a portion of a nonresidential building, together with an indivisible
joint interest with other such owners in the exterior of the building(s)
and the common space.
A hotel which also provides facilities for educational and
professional conferences, seminars, and other meetings or events,
and may also provide facilities for recreation, spa services, entertainment,
catering, fitness and health, and other services primarily for conference
center guests. As used herein, spa services include, but are not limited
to, therapeutic spa treatments, salon services, sauna, whirlpool,
yoga, fitness activities, wellness education and counseling, leisure
activities, and similar treatments or services.
[Added 12-22-2010 by L.L. No. 3-2011]
A parcel or lot containing in whole or in part one or more
of the following: Town, state and/or federal protected freshwater
wetlands; one-hundred-year floodplains or flood hazard areas; steep
slopes of 25% and greater; and open bodies of water, including streams,
ponds and lakes of any size.
In actual contact; touching.
A person or firm engaged in a trade or practice as a business
for the purpose of providing electrical, plumbing, excavation, general
residential or commercial construction.
[Added 1-16-2013 by L.L. No. 1-2013]
A lot or portion of a lot or parcel used to store and maintain
construction equipment and other materials and facilities customarily
required in the contractor's trade, but excluding storage of materials
or equipment for on-site or off-site sale. This may include an office
use accessory to the contractor trade use.
A structure used by a person or firm engaged in a trade or
practice as a business for the purpose of providing electrical, plumbing,
excavation, and general residential or commercial construction services
performed at off-site locations.
[Added 1-16-2013 by L.L. No. 1-2013]
A retail store that is designed and stocked primarily to
sell food, beverages and household supplies, having no more than 12
customer seats, to customers who purchase only a relatively few items.
A change in the use or the occupancy of a building by alteration
or by other reorganization.
The covered house, structure or room that is required in
order to provide chickens with shelter from the weather and with a
roosting area protected from predators.
[Added 4-17-2019 by L.L.
No. 3-2019]
An outdoor area that is enclosed on all sides, including
the top, by fencing that is attached to or surrounding the coop and
sufficiently constructed to prevent entrance by predators.
[Added 4-17-2019 by L.L.
No. 3-2019]
See "club, membership" and "club, recreational."
A building or structure in a cemetery which houses facilities
for cremation.
Includes each of the following types of day care:
[Amended 10-18-2017 by L.L. No. 21-2017]
Child day-care center means a program or facility which is not
a residence in which child day care is provided on a regular basis
to more than six children for more than three hours per day per child.
Family day-care home shall mean a program caring for children
for more than three hours per day per child in which child day care
is provided in a family home for three to six children.
Group family day-care home shall mean a program caring for children
for more than three hours per day per child in which child day care
is provided in a family home for seven to 12 children of all ages.
School-age child-care program means a program or facility which
is not a residence in which child day care is provided to an enrolled
group of seven or more children under 13 years of age during the school
year before and/or after the period such children are ordinarily in
school or during school lunch periods.
Small day-care center means a program or facility which is not
a residence in which child day care is provided to three through six
children for more than three hours per day per child.
Adult day-care center means a program or facility which is not
a residence in which adults, which shall include all persons over
the age of 18 years of age, are provided programs which include personal
care, supervision, habilitation, rehabilitation and such other services
which the operator is authorized to provide to adults but which are
provided for less than 24 hours during any period of the day or night.
The diameter of a tree 4.5 feet from the ground level.
An exterior floor surface, unroofed, extending outward from
a structure as an integral part thereof, intended to accommodate multipurpose
outdoor activities.
An establishment whose principal business is the preparation
and retail sale of prepared foods, such as cooked meats, salads, relishes,
preserves, beverages, etc., in a ready-to-consume state for off-premises
consumption or within the building.
The maximum number of dwelling units allowed per acre.
The amount of land area left for development after subtracting
the constrained land area from the total area of the project parcel.
The utilization of a lot or tract of land.
All land preparation activities involving the movement, placement,
removal, transfer or shifting of soil and/or vegetation, including,
but not limited to, clearing, draining, filling, grading, regrading
or the building of structures or the placement of improvements on
land, including the construction of individual sidewalks, paths, roads
or driveways. The condition of land disturbance shall be deemed to
continue until the area of disturbance is returned to its original
state or to a state complying with a permit for such disturbance granted
in accordance with this chapter.
An accessory structure, extending from land into a body of
water, for purposes of providing access to watercraft, which craft
may be affixed thereto when not in use.
An establishment which, by design, physical facilities, service
or by packaging procedures, encourages and permits customers to receive
services and obtain goods while remaining in their motor vehicles.
Any area reserved on any lot, site or parcel of land for
the purpose of providing vehicular access from an access road or state,
county or Town highway to principal and accessory structures located
on said lot, site or parcel.
A single driveway serving two or more adjoining lots.
A building containing living and sleeping accommodations
for students on a college or university campus or at boarding schools.
Land used for the disposal by abandonment, burial, burning
or any other means and for whatever purpose of garbage, sewage, trash,
refuse, junk, discarded machinery, vehicles or parts thereof or waste
material of any kind.
A building, or entirely self-contained portion thereof, that
provides complete housekeeping facilities, including independent kitchen,
sanitary, living, and sleeping facilities, for one family. A nursing
home, hotel, motel, rooming house, dormitory, fraternity, sorority,
or any other similar facility for transient occupancy shall not be
deemed to constitute a dwelling. The following are types of dwellings.
[Amended 4-17-2024 by L.L. No. 4-2024[1]]
ACCESSORY APARTMENTA dwelling unit accessory to a single-family dwelling to which it is subordinate in terms of size, location and appearance, with physically separate access from any other dwelling unit or use.
ACCESSORY APARTMENT IN COMMERCIAL DISTRICTA dwelling unit which is subordinate in terms of size, location and appearance to the principal commercial use in the building.
DWELLING, ATTACHED SINGLE-FAMILYOne of two or more principal dwelling units, each located on a separate lot but attached along a common lot line by a vertical wall, unpierced, that extends from ground to roof, with each dwelling unit having a separate entrance from the outside on the ground floor. This use is only permitted in a cluster subdivision in districts where single-family dwellings are permitted.
DWELLING, MULTIFAMILYA residential structure containing three or more dwelling units, whether stacked or side-by-side, located on a single lot.
DWELLING, SINGLE-FAMILYA detached building containing one principal dwelling unit on a single lot.
DWELLING, TOWNHOUSEA type of multifamily dwelling.
DWELLING, TWO-FAMILYA detached building containing two principal dwelling units, either side-by-side or stacked, located on a single lot.
Notwithstanding the definition of “family” found
in this section:
[Added 9-24-2008 by L.L. No. 20-2008]
A single person 55 years of age or older; or
Two or three persons, all of whom are 55 years of age or older;
or
A married couple, the husband or wife of which is 55 years of
age or older; or
One child residing with a parent who is 55 years of age or older,
provided that said child is over the age of 18; or
The surviving spouse of a person 55 years of age or older, provided
that the surviving spouse was duly registered as a resident of the
development at the time of the elderly person’s death; or
One adult 18 years of age or older residing with a person who
is 55 years of age or older, provided that said adult is essential
to the long-term care of the elderly person as certified by a physician
duly licensed in New York State.
A single person 55 years of age or older.
[Added 9-24-2008 by L.L. No. 20-2008]
Any motor vehicle that is registered with a state Department
of Motor Vehicles or similar entity and that operates, either partially
or exclusively, on electrical energy from the grid, or an off-board
source, that is stored on-board for motive purposes.
[Added 8-17-2022 by L.L.
No. 7-2022]
An electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric
vehicles.
[Added 8-17-2022 by L.L.
No. 7-2022]
The standardized indicators of electrical force, or voltage,
at which an electric vehicle's battery is recharged. Levels 1, 2 and
3 are the most common EV charging levels, and include the following
specifications:
[Added 8-17-2022 by L.L.
No. 7-2022]
Level 1 is considered "slow" charging, typically requiring an
amp breaker of 15 amps to 20 amps on an AC circuit of 120 volts and
a standard outlet.
Level 2 is considered "medium" charging, typically requiring
an amp breaker of 40 amps to 100 amps on an AC circuit of 240 volts.
Level 3 (DC Fast Charge and Supercharging) is considered "rapid"
charging, typically requiring a dedicated breaker of 60 amps or higher
on a three-phase circuit of 480 volts or higher with special grounding
equipment. DC Fast Charge uses an off-board charger to provide the
AC to DC conversion, delivering AC directly to the car battery.
A public or private parking space that is served by electric
vehicle charging equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
in an electric vehicle. An EVCS may be an electric vehicle parking
space, or it may be a space permitted to be utilized by non-electric
vehicles.
[Added 8-4-2021 by L.L.
No. 8-2021; amended 8-17-2022 by L.L. No. 7-2022]
Any marked parking space that identifies the use to be exclusively
for an electric vehicle.
[Added 8-17-2022 by L.L.
No. 7-2022]
The removal of sand, gravel, rock or stone, topsoil, soil
or earth, turf and other similar substances from their natural location
in or on the ground for any purpose.
The exterior wall or walls of a building which identify the
front of a building, and which typically faces a street or public
way.
As used herein shall mean:
[Amended 10-3-2012 by L.L. No. 18-2012]
Any number of persons occupying a single dwelling unit, related
by blood, marriage or legal adoption, living and cooking together
as a single housekeeping unit.
Any number of persons occupying a single dwelling unit, not
exceeding five adults living and cooking together as a single housekeeping
unit as the functional equivalent of a family where all are not related
by blood, marriage or legal adoption.
It shall be presumptive evidence that more than five persons
living in a single dwelling unit who are not related by blood, marriage
or legal adoption do not constitute the functional equivalent of a
traditional family.
Notwithstanding the provisions of this definition, a group of
unrelated persons numbering more than five shall be considered a family
upon a determination by the Zoning Board of Appeals that the group
is the functional equivalent of a family pursuant to the standards
enumerated below. This presumption may be rebutted, and the unrelated
individuals may be considered the functional equivalent of a family
for the purposes of this article by the Zoning Board of Appeals if
such group of individuals exhibits characteristics consistent with
the purposes of zoning restrictions in residential districts. In determining
whether a group of more than five unrelated persons constitutes a
family for the purpose of occupying a dwelling unit, as provided herein,
the Zoning Board of Appeals shall utilize the standards enumerated
herein in making said determination. Before making a determination
under this subsection, the Zoning Board of Appeals shall hold a public
hearing, after public notice. In determining whether individuals living
together are the functional equivalent of a family, the following
criteria shall be considered:
Whether the occupants share the entire dwelling unit or act
as separate boarders.
Whether the household has stability akin to a permanent family
structure. The criteria used to determine this test include the following:
Length of stay together among the occupants in the current dwelling
unit or other dwelling units.
The presence of minor, dependent children regularly residing
in the household.
The presence of an individual acting as head of household.
Proof of sharing expenses for food, rent or ownership costs,
transportation, insurance, utilities, and other household expenses.
Common ownership of furniture and appliances and the common
use of vehicles among the members of the household.
Whether the household is a temporary living arrangement or a
framework for transient living.
Whether the composition of the household changes from year to
year or within the year.
Whether each of the occupants uses the address of the dwelling
for his vehicle registration, driver's licenses, passports, bank accounts,
bills, loans, tax returns, and other licenses and permits, etc.
Any other factor reasonably related to whether or not the group
of persons is the functional equivalent of a family.
Any determination under this subsection shall be limited to
the status of a particular group as a family and shall not be interpreted
as authorizing any other use, occupancy or activity. In making any
such determination, the Board of Appeals may impose such conditions
and safeguards as the Board of Appeals shall deem necessary or advisable
in order to maintain the stability and character of the neighborhood
and protect the public health, safety and welfare.
In no case shall a dwelling be occupied by more than two adults
to a conventional bedroom.
Persons occupying group quarters such as a dormitory, fraternity
or sorority house or a seminary shall not be considered a family.[2]
An animal, other than a household pet, that is usually housed
outside the primary residential or nonresidential structure.
A structure used for the display and sale of farm products
grown on the property on which the farm stand is located.
A site plan layout that incorporates design elements typical
of a farmstead, including buildings used for residential and agricultural
purposes, outbuildings, run-in sheds, split-rail fences, ponds, field
gates, stone walls, pasture, open fields and wood lots, that, taken
as a whole in their agricultural setting, embody the gradual development
of Hudson Valley farms over the centuries.
A specific type of restaurant characterized both by its fast-food
cuisine and by minimal table service. Food served in fast-food restaurants
typically is offered from a limited menu; is cooked in bulk in advance
and kept hot; is finished and packaged to order; and is usually packaged
and ready to take away, though seating may be provided; customers
must pay for their food before they eat; and utensils and cups provided
are usually disposable. Fast-food restaurants are usually part of
a restaurant chain or franchise operation, which provisions standardized
ingredients and/or partially prepared foods and supplies to each restaurant
through controlled supply channels. Such restaurants typically have
drive-in or drive-through service to allow customers to remain in
their vehicles to order and receive food.
[Added 9-7-2011 by L.L. No. 21-2011]
Any roadway or series of interconnected driveways or parking
lots which functions as a roadway, intended to channel local traffic
off arterial or other important through roads in order to preserve
or enhance the arterial's traffic-carrying capacity.
A barrier, railing, or other upright structure, constructed
of wood, stone, masonry, metal, or wire, enclosing an area of ground
to mark a boundary to control access to or to prevent escape from
the area so marked.
[Added 5-17-2017 by L.L.
No. 9-2017]
Changes to an approved plan after commencement of site development
work. A change to a plan made during the course of site work or construction
work wherein the change does not match the plan that was originally
approved.
[Added 9-7-2011 by L.L. No. 21-2011]
Materials deposited in an area to change the ground elevation.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
A building in which stalls or sale areas are set aside and
rented or otherwise provided and which are intended for use by various
unrelated individuals to sell articles that are either homemade, homegrown,
handcrafted, old, obsolete or antique and may include the selling
of food or other goods at retail, by businesses or individuals who
are generally engaged in retail trade.
The one-hundred-year floodplain as shown on the latest version
of the Federal Emergency Management Agency Flood Insurance Rate Map(s).
The aggregate sum of the gross horizontal areas of the floor
or floors of the building or buildings, measured from the exterior
walls or from the center lines of walls separating two buildings.
The sum of the horizontal areas of all enclosed floors of
a building or structure, including cellars, basements, mezzanines,
penthouses, corridors, risers, shafts, chimneys and lobbies measured
from the exterior face of exterior walls or from the center line of
a common wall separating two buildings, but excluding any space with
a floor-to-ceiling height of less than four feet.
[Added 9-23-2009 by L.L. No. 32-2009]
The total of all floor areas of a building or structure,
excluding stairwells, elevator shafts, storage areas, utility rooms,
risers, equipment rooms, interior vehicle parking areas and loading
areas, attics, and all floors below the first or ground floor areas,
except where such areas are used or intended to be used for human
habitation or are accessible to and intended to serve the public.
[Added 9-23-2009 by L.L. No. 32-2009]
As used herein shall mean:
For purposes of this definition, "floor area"
shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural
headroom of at least seven feet six inches.
Penthouses.
Attic space (whether or not a floor has actually
been laid) providing structural headroom of seven feet six inches
or more.
Interior balconies and mezzanines.
Enclosed porches.
"Floor area" shall not include:
Cellar space.
Elevator and stair bulkheads, accessory water
tanks and cooling towers when constructed above the roofline.
Floor space used for mechanical equipment, with
structural headroom of less than seven feet six inches.
Attic space (whether or not a floor has actually
been laid) providing structural headroom of less than seven feet six
inches.
Uncovered steps and exterior fire escapes.
Terraces, breezeways, open porches, outside
balconies and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
External walk-in coolers for perishables, in the HRDD, provided
that said cooler is a permanent structure that shares a common wall
with, and is accessible through, the principal building; and is no
larger than 100 square feet.
[Added 5-6-2020 by L.L. No. 4-2020]
The quotient of the floor area of a building divided by its
lot area.
As used herein shall mean:
For purposes of this definition, "floor area"
shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Penthouses.
Attic space (whether or not a floor has actually
been laid) providing structural headroom of at least seven feet six
inches.
Interior balconies and mezzanines.
Enclosed porches.
Bathrooms, closets, hallways and similar spaces.
"Floor area" shall not include:
Cellar space.
Elevator and stair bulkheads.
Attic space (whether or not a floor has actually
been laid) providing structural headroom of less than seven feet six
inches.
Uncovered steps and exterior fire escapes.
Terraces, breezeways, open porches, outside
balconies and open spaces.
Garages and carports.
That portion of any lot which bounds a street, as measured
along the property line which is coincidental with such street right-of-way
or center line, or on a corner lot, in which case frontage is along
both streets.
For the purposes of signs, the outer surface of a building
which is visible from the main public street, highway or main parking
area shall be considered the "face." The face of a building which
is visible from a secondary street, highway or drive would not be
considered a "front."
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services.
An accessory building, or portion thereof, used for the parking
and storage of vehicles for a fee and which is available to the general
public.
See "temporary sales.".
[Amended 11-1-2023 by L.L. No. 12-2023]
A building whose principal use is for the cultivation of
plants for subsequent sale or personal enjoyment.
The square foot area of the outside dimensions of a building
measured at ground level.
Installed directly on or in the ground and not attached or
affixed to any accessory or principal structure.
A space in a building for living, sleeping, eating or cooking,
or used as a home occupation. Garages, unfinished basement and attic
spaces, storage and utility spaces, and similar areas are not considered
habitable spaces.
[Amended 6-4-2014 by L.L. No. 8-2014]
A barrier formed of a dense row of shrubs or low trees.
[Added 5-17-2017 by L.L.
No. 9-2017]
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
A takeoff or landing area for helicopters.
The use of a portion of a dwelling unit for nonresidential
purposes by a resident thereof.
[Amended 6-4-2014 by L.L. No. 8-2014]
An institution providing health service, medical or surgical
care, for the diagnosis and treatment of human ailments, including
as an integral part of the institution such related facilities as
laboratories, outpatient departments, training facilities, central
service facilities and staff offices.
[Amended 9-7-2011 by L.L. No. 21-2011]
A building or group of buildings containing five or more
rooms designed to be used or which are used, rented or occupied for
sleeping purposes by transient guests and which may contain other
facilities accessory thereto, including but not limited to restaurants,
pool and/or gym facilities intended for the use of the hotel guests,
and conference and banquet facilities intended for use by the general
public as well as for hotel guests.
[Amended 12-22-2010 by L.L. No. 3-2011]
That percentage of the lot covered by impervious surfaces,
including buildings, pavement, concrete and metal surfaces.
Adjustments to the maximum unit density requirements of the
Town Zoning Law in exchange for the preservation of significant open
space and/or the provision of improvements, facilities or amenities
deemed to be of benefit to the Town.
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational
activities within a structure and not exposed to the out-of-doors
and including recreational clubs.
Automobiles, trucks, boats, recreation vehicles and similar
conveyances which are not capable of performing the function for which
they were originally designed and intended or which are not of sufficient
operating order to be licensed for use on public thoroughfares or
waterways.
Includes a wide range of assembling, fabricating, and manufacturing
activities such as: food processing, manufacturing and packaging;
grain storage, processing and distribution; concrete and asphalt batch
plants; manufacture of products and merchandise involving the use
of chemicals, processes or materials that might constitute a potential
explosive or environmental hazard; slaughter plants, packing houses,
animal by-products rendering, and other such animal processing activities;
automobile salvage and reclamation yards and facilities; processing
or production of oil, natural gas, geothermal resources or other hydrocarbons;
foundries; truck terminals, delivery services, moving and storage
facilities, and truck maintenance.
Includes office, limited manufacturing, wholesaling, warehousing,
research and development, and related commercial/service activities
such as: beverage bottling, distribution and warehousing; contractors'
offices and storage buildings, including general contractors, plumbers,
electricians, heating, ventilating, air-conditioning contractors,
masons, painters, refrigeration contractors, roofing contractors,
and other such construction occupations; distribution centers; ice
production, storage, sales and distribution; laboratories for research,
testing and experimental purposes; machine shops; manufacture of computers,
computer peripherals, electrical appliances, electronic equipment,
medical instruments, and other similar products from previously manufactured
components; manufacture of precision instruments and equipment such
as watches, electronics equipment, photographic equipment, optical
goods and similar products; manufacturing of articles or merchandise
from previously prepared or natural materials such as cardboard, cement,
cloth, cork, fiber, glass, leather, paper, plastics, wood, metals,
stones and other such prepared materials; printing and publishing.
[Amended 11-19-2014 by L.L. No. 21-2014]
A type of planned industrial environment for a variety of
light industrial and related activities in which special emphasis
and attention are given to aesthetics and community compatibility.
Subdivided and developed according to an enforceable Master Plan that
includes detailed provisions for streets and all necessary utilities,
the park provides serviced sites for a community of industrial and
industry-oriented uses. Adequate control of the land, buildings and
industrial operations is provided through zoning, private restrictions
incorporated as legal requirements in deeds of sale or leases and
the provision of continuing management, all for the purpose of assuring
attractive and efficient uses within the park and the harmonious integration
of the industrial area into the community in which it is located.
A building, or portion thereof, kept, used, maintained, advertised
or held out to the public, containing up to 25 units used for overnight
sleeping accommodations for guests, and providing meals, and other
incidental services. An inn may also contain, as an accessory use(s),
a full-service restaurant serving meals to the general public, and
small conference facility space to the general public.
Any waste, reclaimable material, or debris, whether or not
stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed of, of for other use
or disposition. This shall include, but is not limited to, unregistered
motor vehicles and inoperable motor vehicles, tires, vehicle parts,
equipment, paper, rags, metal, glass, building materials, household
appliances, machinery, brush, wood, lumber, and putrescible waste
(i.e., solid waste that contains organic matter capable of being decomposed
by microorganisms and of such a character and proportion as to be
capable of attracting or providing food for disease vectors).
An area of land with or without a building used for or occupied
by the storage, keeping or abandonment of junk, including scrap metals
or other scrap, used or salvaged building materials or the dismantling,
demolition or abandonment of automobiles or other vehicles or machinery
or parts thereof. The deposit on a lot of two or more wrecked or broken-down
vehicles or the major parts thereof for three months or more shall
be deemed to make the lot a junkyard.
See "animal services."
[Amended 7-5-2023 by L.L. No. 8-2023]
A use of building or part thereof and/or land where scientific
research, development and/or experiments are conducted.
The movement of naturally occurring earthen materials or
other similar materials within the boundaries of a site.
The importation and deposition of material for the purpose
of raising the grade.
An establishment with self-operating clothes washing and
drying machines for public use.
An establishment where clothes laundry work is done for the
public either on the premises or accepted for transfer to another
site for laundering.
A public or private institution or place in which literary,
musical, artistic, or reference materials (maintained as books, manuscripts,
recordings, films, CDs, DVDs, tapes, and other media) are kept for
public access and use but are not generally offered for sale as part
of the regular business of the library. A library is created and maintained
with the intention of providing free public access to such material,
with the altruistic goal of educational enlightenment and betterment
of the public welfare.
[Added 6-6-2012 by L.L. No. 9-2012]
A "take a book, return a book" free book exchange, typically
sponsored by an individual or family, that is housed in a small enclosed
structure on the owner's property, near a road or sidewalk, where
neighbors and visitors may freely exchange literary material.
[Added 11-29-2018 by L.L.
No. 13-2018]
Any light or group of lights located or arranged so as to
cast illumination.
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
state law to be adequate as a condition of the issuance of a building
permit for a building on such land.
A lot situated at the junction of and adjacent to two or
more intersecting streets, when the interior angle of intersection
does not exceed 135°. Each section of a corner lot fronting on
or facing a street shall be deemed to be a front yard.
[Amended 5-17-2017 by L.L. No. 9-2017]
The average distance from the front lot line to the rear
lot line.
A lot which has insufficient frontage on a public street
to comply with the minimum lot frontage requirements of this chapter,
but which is shaped in such a manner that the portion of the lot closest
to the street can only be used for access purposes and not as a yard
or buildable area, and whose width some distance back from the right-of-way
is sufficient to provide proper space to meet the yard and setback
requirements.
[Amended 10-22-2008 by L.L. No. 21-2008]
That portion of the lot which fronts on a street.
In cluster subdivisions, that portion of the subdivision
reserved as a development area for the location of dwelling units
and constituting lands outside of the protected open space areas.
Any line bounding a lot, as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The mean distance measured at the required minimum front
yard depth along a line at right angles to the depth of lot line and
parallel to the street right-of-way (row) line.
[Amended 4-6-2011 by L.L. No. 8-2011]
 |
A complete lighting unit, consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect
the lamps and to connect the lamps to the power. When used, includes
ballasts and photocells. Commonly referred to as a "fixture."
A luminaire that does not emit light at or above a horizontal
plane running through the lowest point on the luminaire.
A luminaire that emits light above the horizontal plane running
through the lowest point on the luminaire.
A luminaire that does not allow light to escape above a sixty-five-degree
angle measured from a vertical line from the center of the lamp extended
to the ground.
A facility for the storing, servicing, fueling, berthing
and securing of boats and that may include eating, service and retail
facilities for owners, crews and guests.
A structure or building designed and used for the entombment
of the dead in a cemetery.
A residential facility providing assistance with activities
of daily life such as meal services, laundry service, housekeeping,
social activities, transportation and personal services in a group
setting to persons with Alzheimer's disease or other forms of memory
impairment.
[Added 5-6-2020 by L.L.
No. 4-2020]
Use of land for the purpose of extracting and selling stone,
sand, gravel, or other minerals, as defined in § 23-2705
of the Environmental Conservation Law, not including the process of
preparing land for construction of a structure for which zoning approvals
and building permit have been issued.
A principal structure in which are located a variety of uses,
including residences, offices, retail, entertainment and recreation.
Use of land and/or a building or structure for a variety
of complementary and integrated uses such as residential, office,
retail, entertainment, and recreation.
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy, containing sleeping accommodations, a flush
toilet, a tub or shower bath and kitchen facilities, with plumbing
and electrical connections provided for attachment to outside systems,
and designed to be transported after fabrication on its own permanent
chassis and/or wheels arriving at the site where it is to be occupied
as a complete dwelling. A recreational vehicle is not included in
this definition.
A designated site within a mobile home park or mobile home
park subdivision for the exclusive use of the occupants of a single
mobile home.
Any lot on which two or more mobile homes are located. .
A mobile home park where each mobile home is situated on
an individually owned parcel. All internal roads and common areas
are under the control of a landowners' association.
A dwelling that is a factory-fabricated transportable building
unit designed to be permanently located or incorporated with similar
units at a building site into a modular structure to be used for residential
purposes.
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space and is offered for
rental use principally by motor vehicle travelers. The term "motel"
includes, but is known variously as, an "auto court," "motor hotel,"
"motor court," "motor inn," "motor lodge," "tourist court," "tourist
cabins" or "roadside hotel."
A facility which for its principal use sells, at retail,
automobile and truck accessories, which may include but is not limited
to parts, tires, batteries, mufflers, tailpipes, radiators, belts,
starters and hoses and which may or may not include facilities for
installing such accessories. The sale of motor fuels is not included
in this definition.
A facility, including structures and display areas, used
for the rental of passenger vehicles, trucks, cargo trailers, or recreational
vehicles or other vehicles requiring registration for road use, including
taxi and limousine uses in which motorized vehicles plus a driver
are offered for hire, and which may include a facility solely for
the repair of such rental vehicles. The sale of motor fuels is not
included in this definition.
[Amended 9-23-2009 by L.L. No. 32-2009]
A facility arranged, intended, or designed for making repairs
to motor vehicles and their mechanical systems, including painting,
collision services involving frame and fender straightening and the
dismantling or disassembly of frames or exterior parts, and which
may or may not include the sale of rebuilt vehicles and parts, but
excluding the sale of petroleum products.
Any area of land, including structures thereon, which has
as its principal use the display or sale of new and/or used automobiles,
motorcycles, trucks, cargo trailers or recreational vehicles or other
vehicles requiring registration for road use, and which may or may
not include the repair of vehicles. Enclosed showrooms and open display
areas are included in this definition. The sale of motor fuels is
not included in this definition.
A facility which for its principal use sells, at retail, products and services for vehicle operation and maintenance, including a car wash, or a quick-stop maintenance, and which may include but is not limited to as a secondary use a convenience store selling goods and food for off-site consumption, but not including repair services or facilities. The sale of fuel shall not be permitted, and a motor vehicle service facility shall not include a vehicle fueling station as defined in § 210-42 of this chapter.
[Amended 8-4-2021 by L.L. No. 8-2021]
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.
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
Any use of a building, other structure or tract of land which
does not conform to the use regulations for that district in which
such use is located, either at the effective date of this chapter
or as a result of subsequent amendments thereto.
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with a separate interest in space in a commercial building.
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
Any place, however designated, for social and educational
programs for children three to five years old, operating for fewer
than three hours per session, two to five times per week, usually
following a school year schedule.
A building where persons are housed or lodged and furnished
with meals and nursing care for hire.
An establishment for the conduct of business or services.
A lot or related lots designed as a master planned area for
the transaction of business, for the rendering of professional services,
or for other services that involve stocks of goods, ware or merchandise
in limited quantities for use incidental to office uses or samples
purposes. This may include such uses as: office building for business
and professional services, including lawyer, physician, dentist, architect,
engineer, musician, teacher or other professional person, including
real estate and insurance offices, banking and other financial businesses
and similar purposes in connection with such use; clinics for outpatient
care, as well as outpatient medical services, including, but not limited
to, imaging and physical therapy; restaurant or cafeteria for supplying
meals only to employees and guests for the principal use; and newsstand,
post office, branch banking facilities and similar conveniences serving
primarily employees and guests of the principal use, provided that
there shall be no external evidence of such use; radio and television
stations, but not including transmitting facilities or antennas.
Land either left in a natural state for conservation, or
cultivated for agricultural purposes, or landscaped and improved for
scenic or recreational purposes, and devoted to active or passive
recreation, or devoted to the preservation of distinctive architectural,
historic, geologic or botanic sites, scenic views, or other open space
qualities. The term shall not include land that is paved, used for
the storage, parking or circulation of automobiles, or occupied by
any structure unless such structure serves the agricultural, scenic,
recreational, or other open space use, or enhance access thereto and
use thereof. Open space may be included as a portion of one or more
lots, or may be contained in one or more separate open space lots
but shall not include private yards within 100 feet of a principal
structure.
An unenclosed portion of the ground of a lot which is not
devoted to driveways, access roads, parking spaces; which is free
of structures that would interfere with the functionality of the open
space and the intended use of the property; which is no less than
eight feet in width at any point; which is available and accessible
to all occupants of the building or buildings on said lot, or on a
separate dedicated lot as part of a common development scheme, for
purposes of active or passive outdoor use.
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities out-of-doors and including recreational clubs.
The owner of record of a tract or parcel, the subdivision
of which requires approval of the Planning Board, or a person or persons
holding an option to purchase a tract or parcel, contingent only upon
receipt of Planning Board approval of a proposed subdivision of such
tract or parcel. The owner may be represented by a duly authorized
agent or representative in the conduct of business before the Board,
except in those instances specified hereafter that require the appearance
of the owner in person.
A parcel of land legally in existence on the effective date
of this chapter. For purposes of this chapter, the parent parcel shall
be deemed to be that lot, parcel or tract of land owned by the person
or persons as shown on the records of the Town of Poughkeepsie Assessor's
Office as of the effective date of this chapter.
Measurable standards imposed under this chapter to ensure
that a proposed use can operate or locate in a particular district
without exceeding clearly defined standards of tolerance in areas
such as noise, odor, smoke, lighting, glare, dust, vibration, and
other potentially objectionable characteristics.
An individual, firm, partnership, corporation, company, association,
joint-stock association or government entity; includes a trustee,
a receiver, an assignee or a similar representative of any of them.
An establishment primarily engaged in providing services
involving the care of a person or a person's apparel, including, but
not limited to, laundries, barber and beauty shops, tattoo parlors,
and dry-cleaning shops, but not including animal services, an adult
business use, a motor vehicle accessory sales and service use, a motor
vehicle body shop use, a motor vehicle sales and service use, a motor
vehicle service facility use, motor vehicle repair facility, clinic,
or hospital.
[Amended 9-7-2011 by L.L. No. 21-2011; 7-5-2023 by L.L. No. 8-2023; 8-21-2024 by L.L. No. 8-2024]
Any building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship, and which
building is maintained and controlled by a religious body organized
to sustain public worship.
A development of land that is under unified control and is
planned and developed as a whole in a single development operation
or programmed series of development stages. The development may include
streets, circulation ways, utilities, buildings, open spaces, and
other site features and improvements, uses and structures that exceed
the permitted scale, density, or intensity of use in the district,
as well as uses not otherwise allowed by the underlying zoning.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented to the Planning Board for approval
and which, if approved, will be submitted to the County Clerk for
recording. (See §§ 276, 277, 278 and 279 of the Town
Law.)
A roofed open structure projecting from the outside wall
of a building without window sash or any other form of vertical enclosure,
other than insect screening.
A lot together with all the buildings and uses thereon.
The facilities for any business that provides the public
with necessities, such as water, electricity, natural gas, and communication
services, and which is subject to special governmental regulation
as to such things as rates and need based on public necessity. As
used herein, such facilities include, but are not limited to, all
structures, lines, pipes, transformers, poles, and equipment necessary
for the generation, collection, and distribution of the commodity
or the service provided by the business.
[Amended 5-17-2017 by L.L. No. 9-2017]
As a principal use on a site, an active solar energy system
arrangement or combination of components designed to generate and
provide electricity through the process of collecting solar radiation,
converting it to another form of energy, storing the converted energy,
protecting against unnecessary dissipation and distributing the converted
energy.
[Added 5-17-2017 by L.L.
No. 9-2017]
As a principal use on a site, an arrangement of combination
of components, including power conditioning equipment, designed to
generate and provide electricity through the process of converting
wind energy into electric energy, and storing or distributing such
energy. The means of converting wind energy to electricity is accomplished
by a mechanical wind generator, wind turbine, wind power unit, or
wind energy convertor, which are often generically referred to as
a "wind generator" or "windmill."
[Added 5-17-2017 by L.L.
No. 9-2017]
A location or structure owned by a government or government
subdivision or agency, that is accessible to the public, where the
primary purpose is to provide recreational opportunities or services
to children or adolescents of whom the primary population is reasonably
expected to be 17 years of age or younger.
[Added 8-2-2023 by L.L. No. 9-2023]
The use of any land for the excavation, extraction or removal
of consolidated materials (rock) for sale or use other than on the
property from which it is extracted.
A vehicle, self-propelled or towed on its own chassis or
attached to the chassis of another vehicle and designed or used for
temporary living, recreation or sporting purposes. The term shall
include but is not limited to travel trailer, pickup camper, camping
trailer, converted trucks, buses, boat and skimobile trailers and
similar vehicles.
A commercial establishment organized to collect, store, process
and sell reusable domestic, commercial and industrial waste, including
waste motor oil. This definition does not include those materials
and substances classified as hazardous by the New York State Department
of Environmental Conservation.
The removal and replacement of more than 65% of the gross
floor area an existing building or structure for a different use than
that of the prior occupancy of said building or structure. This term
shall include the use of land from which previous improvements have
been removed, and shall include an adaptive reuse of an existing building
or structure where said building or structure is expanded by more
than 25% of the existing gross floor area.
See "dwelling unit."
Includes the following districts: Residence, Single Family
4 Acre (R-4A); Residence, Single Family 2 Acre (R-2A); Residence,
Single Family 1.5 Acre (R-1.5A); Residence, Single Family 20,000 (R-20,000);
Residence, Multifamily (R-M); Residence, New Hamburg (R-NH); Residence,
Mobile Home (R-MH).
An establishment whose principal business is
the preparation and retail sale of food and beverages in a ready-to-consume
state to customers and whose design or principal method of operation
includes one or both of the following characteristics:
Customers are served their foods and beverages,
which may or may not include a bar, by a restaurant employee at the
same table or counter at which said items are consumed.
Customers receive their foods and beverages,
which may or may not include a bar, from a restaurant employee at
a walk-up counter or kiosk and which may be consumed within the restaurant
building or taken off-site for consumption.
A cafeteria-type operation where foods and beverages
generally are consumed within the restaurant building.
The further subdivision of lots or the relocation of lot
lines of any lot or lots, including the alteration of any streets
or the establishment of any new streets, within a subdivision previously
approved by the Planning Board and which has been filed in the office
of the Dutchess County Clerk.
Traditional establishments, such as florists, lumber and
hardware stores, pharmacies, grocery stores, convenience stores, stationary
stores, bookstores, video rental stores, clothing stores, department
stores, shoe stores, antique stores, etc., that sell goods or merchandise
to the general public for personal or household consumption, but not
including an adult business use, a motor vehicle accessory sales use,
a motor vehicle repair facility use, a motor vehicle sales and service
use, a motor vehicle service facility use, a motor vehicle rental
facility, an indoor flea market, or an outdoor flea market.
[Amended 9-23-2009 by L.L. No. 32-2009]
A legal right of use and passage over, under or through another
person's property.
The profile of or silhouette made by a roof or series of
roofs.
[Added 11-3-2010 by L.L. No. 24-2010]
A parabolic antenna intended to receive signals from orbiting
satellites and other sources. Noncommercial dish antennas are defined
as being less than four feet in diameter while commercial dish antennas
are usually those larger than six feet, typically used by broadcasting
stations (see also "antenna").
A place, however designated, for the care of seven or more
children, ages five to 14, during the hours in which school is not
in session in accordance with the Social Services Law.
See "temporary sales."
[Added 11-1-2023 by L.L. No. 12-2023]
A residential facility containing single-family, two-family,
and multifamily dwellings designed for and occupied by persons 55
years and older as their principal domicile. Such facilities may include
social and recreational amenities, but not meal or health-care services.
[Added 9-24-2008 by L.L. No. 20-2008]
A residential facility that is staffed 24 hours a day that
provides primarily nonmedical resident services to elderly persons
in need of personal assistance essential for sustaining the activities
of daily living, such as bathing, walking, eating and taking medications.
These facilities may provide other services such as recreational activities
and transportation.
[Added 9-24-2008 by L.L. No. 20-2008]
A business or nonprofit organization that provides services
to the public, either on or off the premises, including but not limited
to arts instruction or studio; theater and performing arts; building,
electrical, plumbing and landscape contracting business; habilitation
and rehabilitation services; educational services; catering; health
club; housecleaning services; locksmith; printing and photocopying;
repair and restoration services; tailoring; typing and word processing;
but not including animal services, a bank or financial service business,
an adult business use, a motor vehicle accessory sales use, a motor
vehicle rental facility, a motor vehicle sales and service use, a
motor vehicle service facility use, a motor vehicle repair facility,
hospital, or a tattoo parlor.
[Amended 9-23-2009 by L.L. No. 32-2009; 9-7-2011 by L.L. No.
21-2011; 12-4-2013 by L.L. No. 22-2013; 5-17-2017 by L.L. No. 9-2017; 7-5-2023 by L.L. No. 8-2023]
The distance from the property line to the nearest part of
the applicable building, structure or sign measured perpendicularly
to the property line.
A group of commercial establishments planned, constructed,
and managed as a single entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
Any structure or part thereof attached or painted or represented
thereon which shall display or include any letter, word, model, banner,
flag, insignia, device or representation used as or which is in the
nature of an announcement, direction or advertisement. The word "sign"
does not include the flag, pennant or insignia of any nation, state,
city or other political unit. The area of a sign is that area which
results by multiplying the outside dimensions of a sign, not including
the vertical, horizontal or diagonal support which may affix the sign
to the ground or to a structure or building. Unless otherwise provided,
only one face of a double-faced sign is included as the area of such
sign.
A sign used to direct the public to specific uses, areas
or places for their safety or convenience. Such signs shall be located
on the premises of the business or activity, except where part of
a multiparcel site plan of common development.
[Amended 5-5-2021 by L.L. No. 3-2021]
A type of sign capable of animated display words, symbols,
figures or images that can be electronically or mechanically changed
by remote or automatic means. Signs which employ light-emitting diode
(LED) technology are included as a form of electronic message display
sign.
[Added 5-23-2012 by L.L. No. 8-2012]
Any sign not depending for its main support upon a building.
A double-faced sign is considered to be one sign.
A sign which projects from the wall of a building more than
one foot or under a permitted canopy.
Any sign that includes copy, letters, numbers, or symbols
that is designed to be changed through manual, mechanical, or other
nondigital means.
[Added 5-23-2012 by L.L. No. 8-2012]
Any sign erected on the roof of any building, and any sign
that extends above the roofline of any building.
[Amended 11-3-2010 by L.L. No. 24-2010]
A sign used only on a temporary basis and commonly called
an "A-frame" or "sidewalk" or "curb" sign; a self-supporting, portable
sign with one or two faces that are adjoined at the top and displayed
at an angle, which is not permanently anchored or secured and designed
to be placed upon a sidewalk, plaza or other area where pedestrians
walk or gather.
[Added 8-19-2015 by L.L.
No. 11-2015]
A cluster or group of uses occupying one or more buildings
on a single parcel, or on contiguous parcels, as an approved common
plan, and that may include shared facilities such as parking and pedestrian
crossings.
[Added 5-23-2012 by L.L. No. 8-2012]
A rendering, drawing, or sketch prepared in accordance with
the specifications of the Zoning Law, and which shows the arrangement,
layout and design of a proposed use of a single parcel of land as
shown on said plan.
The vertical rise of an area of land divided by the horizontal
distance of that same area of land over any ten-foot interval.
The use of any land for the excavation, extraction or removal
of sand, gravel, clay, stone, loam, humus or topsoil for sale or for
use other than on the property from which the material is extracted,
subject to the provisions of the Excavations Law.
An accessory facility or structure as follows:
[Added 4-3-2013 by L.L. No. 8-2013; amended 5-4-2016 by L.L. No. 13-2016]
An active solar energy system arrangement or combination of
components designed to provide heating, cooling, hot water or electricity
through the process of collecting solar radiation, converting it to
another form of energy, storing the converted energy, protecting against
unnecessary dissipation and distributing the converted energy, which
requires external mechanical power for operation. This term shall
not include pipes, controls, insulation or other equipment which is
part of the conventional heating, cooling, insulation or electrical
system of a building, nor shall it include a swimming pool used as
a storage medium; and
A passive solar energy system arrangement or combination of
components which relies upon the original or retrofitted design and
elements of a building to enhance the use of natural forces, including
solar radiation, winds and nighttime coolness, to provide heating,
cooling or hot water through the process of collecting solar radiation,
converting it to another form of energy, storing the converted energy,
protecting against unnecessary dissipation and distributing the converted
energy, and which is not primarily dependent upon mechanical power
for operation. This term shall not include pipes, controls, insulation
or other equipment which is part of the conventional heating, cooling
or insulation system of the building, nor shall it include a swimming
pool used as a storage medium.
A land use which is deemed permissible within a given zoning
district or districts, but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district. The special use shall, therefore, be subject to approval
by the Planning Board, or by the Zoning Board of Appeals, as the case
may be, in accordance with conditions set forth for such use, as well
as other applicable provisions of this chapter. Both general and specific
conditions have been established for special uses to ensure that such
use is in harmony with the Town Zoning Law and Poughkeepsie Town Plan
and will not adversely affect the neighborhood if the requirements
are met.
[Amended 7-19-2017 by L.L. No. 13-2017]
All ground areas having a topographical gradient equal to
or greater than 20% measured by utilizing two-foot contours.
That part of a building between a floor and the floor or
roof next above it.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
An existing public way which affords principal means of access
to abutting properties and is suitably improved; or a proposed way
shown on a plat approved by all appropriate official agencies.
The dividing line between the street right-of-way and a lot.
A street that has never been built but is shown on an approved
plan, subdivision plat, tax map, or Official Map of the Town of Poughkeepsie.
The width of the right-of-way; or the distance between property
lines on opposite sides of a street.
The holding or safe-keeping of goods in a warehouse or other
depository to await the happening of some future event or contingency
that will call for the removal of the goods.
The accumulation of wholesale quantities of raw or finished
materials (solids, liquids and gases) preparatory to use in a manufacturing
process or to retail sales, a permanent reserve being maintained.
Junk and scrap materials do not qualify for inclusion in this category.
A static construction, constructed or installed by man, of
building materials, including but not limited to buildings, stadiums,
roads, parking lots, platforms, towers, sheds, display stands, storage
bins, signs, reviewing stands, gasoline pumps, swimming pools or gazebos.
See "accessory structure."
The structure which houses the use permitted under the zoning
classification in accordance with the zoning district regulations.
The division of any parcel of land into two or more lots,
plots, sites or other division of land, with or without streets, for
the purpose of immediate or future sale or building development.
A subdivision not classified as a minor subdivision.
Any subdivision containing not more than two lots, each of
at least the minimum size as permitted by this chapter, each fronting
on an existing public street, not involving any new street or road
or the extension of municipal facilities, not adversely affecting
the development of the remainder of the parcel or adjoining properties
and not in conflict with any provision or portion of the Master Plan.
A retail store selling a complete assortment of food and
food preparation materials, household items and other retail items.
Supermarkets may contain pharmacies, delicatessens, meat and fish
markets, bakeries and snack bars.
A structure which contains water, either having a depth at
any point greater than three feet or having a capacity of 8,000 gallons
or greater, used for swimming or bathing, installed in or above the
ground. The erection of such structures shall be limited to residential
parcels having two residential units or fewer and be for the exclusive
use of the residents of those units.
A structure which contains water, either having a depth at
any point greater than three feet or having a capacity of 8,000 gallons
or greater, constructed, installed or maintained in or above ground
and used:
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following:
Placing of designs, letters, figures, symbols,
or other marks upon or under the skin of any person, using ink or
other substances that result in the permanent coloration of the skin
by means of the use of needles or other instruments designed to contact
or puncture the skin;
Creation of an opening in the body of a person
for the purpose of inserting jewelry or other decoration.
[Amended 11-1-2023 by L.L. No. 12-2023]
Garage sale. Any sale of merchandise sold from a residence,
whether it is indoors or outside.
Seasonal sale. The use of any lot or portion thereof by any
vendor or person who is not an owner of or a regular lessee tenant
of said building or lot for the wholesale or retail sale of merchandise
to the general public when such sale is for a specified, limited period
of time.
Tent sale. The use of any lot or portion thereof for the wholesale
or retail sale of merchandise to the general public when such use
is for a specified, limited period of time. The sale of merchandise
must be the normal business of the establishment, and the merchandise
for sale must be the normal stock-in-trade of the establishment.
See "temporary sales."
[Added 7-11-2012 by L.L. No. 15-2012; amended 11-1-2023 by L.L. No. 12-2023]
A building or part of a building primarily devoted to the
presentation of movies, stage productions or concerts on a paid-admission
basis.
Any product in leaf, flake, plug, liquid, or any other form
containing nicotine derived from any source which is intended to enable
human consumption of the tobacco or nicotine in the product, whether
smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means. For the purposes of this chapter, the
term "tobacco product" excludes any product that has been specifically
approved by the United States Food and Drug Administration (FDA) for
sale as a tobacco/smoking cessation product or for other medical purposes,
where such product is marketed and sold solely for such an approved
purpose.
[Added 8-2-2023 by L.L.
No. 9-2023]
Any paraphernalia, equipment, device, or instrument that
is primarily designed or manufactured for smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other
means into the body of tobacco or nicotine products. Items or devices
classified as tobacco paraphernalia include but are not limited to
the following: pipes; punctured metal bowls; bongs; water bongs; electronic
pipes; electronic cigarettes (e-cigarettes); e-cigarette juice; buzz
bombs; vaporizers; vape pens; dissolvable liquids; vaporizing liquids,
oils or gels; mods; atomizers; vape tanks; coilheads; hookahs; and
devices for holding burning material. Lighters and matches are excluded
from the definition of "tobacco paraphernalia."
[Added 8-2-2023 by L.L.
No. 9-2023]
"Ancillary sale of tobacco products" refers to any establishment
that uses no more than 5% of its retail space, or 200 square feet,
whichever is less, for the display for sale of tobacco or nicotine
products or paraphernalia.
[Added 8-2-2023 by L.L.
No. 9-2023]1
An establishment that sells or distributes tobacco or nicotine
products and related paraphernalia directly to consumers and which
does not meet the definition of "tobacco products, ancillary sales."
Also known as a "smoke shop," "vape shop," or similar. A tobacco store
shall not include a cannabis retail dispensary, and does not include
the sale of cannabis.[4]
[Added 8-2-2023 by L.L.
No. 9-2023]
A comprehensive plan that indicates the general locations
recommended for the various functional classes or public works, places
and structures and for the general physical development of the Town
of Poughkeepsie and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
[Added 4-17-2024 by L.L. No. 4-2024]
Any body of land, including contiguous parcels of land, under
single ownership or under common control of any group of persons acting
in concert as part of a common scheme or plan.
An approach to land use planning and urban design that promotes
the building of pedestrian-friendly neighborhoods with a mix of residential
and commercial uses, housing types and costs, lot sizes and densities,
architectural variety, a central meeting place such as a town square,
a network of narrow streets and alleys, and defined development edges.
The TND de-emphasizes dependence on the automobile by employing mixed
land use patterns that afford residents the opportunity to live, work,
play, and shop within their own neighborhood. It is based on the form
and design of older cities and villages, and is typically characterized
by the following design elements:
Parks, schools, civic buildings, and commercial
establishments located within walking distance of homes.
Residences with narrow front setbacks, front
porches, and detached rear garages or alley-loaded parking.
Residences having porches and alleys to access
detached garages.
A system of relatively narrow, interconnected
streets with sidewalks, bikeways, and transit that offer multiple
routes for motorists, pedestrians, and bicyclists and provides for
the connections of those streets to existing and future developments.
Narrower streets with crosswalks, streetscaping,
and other traffic-calming measures.
In-scale development that fits the local context.
Buildings oriented to the street with parking
behind.
A mix of housing styles, types, and sizes to
accommodate households of all ages, sizes, and incomes, including
residences located above commercial uses.
Retention of existing buildings with historical
features or architectural features that enhance the visual character
of the community.
A variety of architectural features and building
materials to encourage giving each building or group of buildings
a distinct character.
An overall composition and location of landscaping
that complements the scale of the development and its surroundings.
In general, larger, well-placed contiguous planting areas shall be
preferred to smaller, disconnected areas.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A use of land or structure that is not outwardly apparent
to an off-site viewer so as to call attention to its existence.
The main use permitted under the zoning classification in
accordance with the zoning district regulations.
A nonpermanent structure used exclusively for the sale of
seasonal fruits, vegetables and other farm products and generally
open for business during the local growing season.
Any establishment in which the sale or storage of automotive
fuel is the principal activity and/or constitutes a substantial or
significant portion of the goods offered and/or services rendered.
[Added 8-4-2021 by L.L.
No. 8-2021]
See "animal services."
[Added 9-7-2011 by L.L. No. 21-2011; amended 7-5-2023 by L.L. No. 8-2023]
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.
[Added 5-17-2017 by L.L.
No. 9-2017]
A building or portion thereof used for the storage of property.
This shall not be deemed to include the storage area in connection
with a purely retail business when located on the same property.
Include the following districts: Waterfront District 1 (WD1)
and Waterfront District 2 (WD2).
An arrangement or combination of components, including power
conditioning equipment, designed to provide electricity or mechanical
energy through the process of converting wind energy into mechanical
and/or electric energy and storing or distributing such energy. The
means of converting wind energy to electricity is accomplished by
a mechanical wind generator, wind turbine, wind power unit, or wind
energy converter, which are often generically referred to as a "wind
generator" or "windmill."
[Added 4-3-2013 by L.L. No. 8-2013]
For-sale or for-rent housing designated for households having
80% of the median income for unit purchase, and 60% for unit rental,
of households in the Town of Poughkeepsie as defined by the United
States Department of Housing and Urban Development.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a depth
or width as specified by the bulk regulations of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
A yard extending along the full length of the front lot line
between the side lot lines.
A yard extending along the full length of the rear lot line,
between side lot lines.
A yard situated between the building and the side line of
a lot and extending from the front yard rear line to the rear yard
front line.
[1]
Editor's Note: This local law also repealed the former definitions
of "dwelling unit, detached" and "dwelling unit, semidetached" which
immediately followed this definition.
[2]
Editor’s Note: The former definition of "family day-care
home," which immediately followed this definition, was repealed 10-18-2017
by L.L. No. 21-2017.
[3]
Editor’s Note: The former definition of "group family
day-care home," which immediately followed this definition, was repealed
10-18-2017 by L.L. No. 21-2017.
[4]
Editor's Note: The former definition of "tourist house," which
immediately followed, was repealed 5-24-2023 by L.L. No. 4-2023.
