Town of Southeast, NY Article I General Provisions; Definitions

§ 138-1 Title.

This chapter shall be known and may be cited as the "Zoning Local Law of the Town of Southeast, New York."

§ 138-2 Purpose.

This chapter regulates and restricts the location, construction and use of buildings and structures, the use of land and the area, shape and frontage of building lots in order to promote health, safety, morals and general welfare of the Town; to implement a Comprehensive Plan; to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of buildings; and to encourage the most appropriate use of land throughout the Town.

§ 138-3 Jurisdiction.

This chapter regulates and restricts the location, construction and use of buildings and structures, the use of land and the area, shape and frontage of building lots in the Town outside the limits of the Incorporated Village of Brewster.

§ 138-4 Definitions.

A. Certain words used in this chapter are defined and explained in definitions which follow, and the other words in this chapter shall have the meanings commonly attributed to them. Doubts as to the precise meaning of words in this chapter shall be determined by the Zoning Board of Appeals by resolution, giving due consideration to the expressed intent and purposes of the chapter.

B. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING OR USE

A building or use clearly incidental or subordinate to the principal building or use and located on the same lot with such principal building or use. (See "use, accessory.")

ACRE

Forty thousand square feet.

ADULT BOOKSTORE

An establishment having a significant portion of its stock-in-trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

[Added 3-16-2006 by L.L. No. 4-2006]

ADULT CABARET

A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein.

[Added 3-16-2006 by L.L. No. 4-2006]

ADULT MOTEL

A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

[Added 3-16-2006 by L.L. No. 4-2006]

ADULT MOTION-PICTURE ARCADE

Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanized-controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis in depicting or describing sexual conduct or specified anatomical areas.

[Added 3-16-2006 by L.L. No. 4-2006]

ADULT MOTION-PICTURE THEATER or ADULT MINI-MOTION-PICTURE THEATER

An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.

[Added 3-16-2006 by L.L. No. 4-2006]

ADULT RETAIL SHOP

An establishment having as a substantial or significant portion of its stock-in-trade videotapes, digital video disks, compact disks, other electronic formats, films, slides, books, magazines or adult accessories, whether for sale or rent.

[Added 3-16-2006 by L.L. No. 4-2006]

ADULT USE

Any activity covered by the definitions of adult bookstore, adult cabaret, adult motel, adult motion-picture theater, adult retail shop, massage parlor, model studio, or sexual encounter center or any other activity that appeals to the prurient interest of the general public..

[Added 3-16-2006 by L.L. No. 4-2006]

AFFORDABLE HOUSING UNIT

[Added 9-22-2016 by L.L. No. 6-2016]

(1) FOR-PURCHASE HOUSING UNIT A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Putnam County as defined by the United States Census Bureau and for which the annual housing cost of a unit including common charges, principal, interest, taxes and insurance (PITI) does not exceed 33% of 80% AMI, adjusted for household size. The housing unit shall be subject to a ninety-nine-year deed restriction limiting the sale and resale of the property to qualifying affordable households.

(2) RENTAL HOUSING UNIT A rental unit that is affordable to a household whose income does not exceed 80% of the area median income for Putnam County, as defined by the United States Census Bureau. The housing unit shall be subject to a ninety-nine-year deed restriction limiting the rental and rerental of the property to qualifying affordable households.

AFFORDABLE PRIORITY UNIT

A priority unit which is subject to a ninety-nine-year restriction limiting the sale or rental price initially and upon resale or rerental at a price to be determined for the particular project.

[Added 9-22-2016 by L.L. No. 6-2016]

AGRICULTURE

See "farm use."

ALTER

To change, enlarge or rearrange the structural parts or the existing facilities of a structure, or to move a building from one location or position to another.

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, water towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

[Added 8-20-1998 by L.L. No. 5-1998]

ANIMAL HOSPITAL

A facility for the care and treatment of customary household pets, other than kennels as defined herein.

[Added 3-24-2011 by L.L. No. 4-2011]

ANIMALS, FARM

Any poultry or hoofed mammal typical of an agricultural enterprise such as cattle, sheep, swine, goats, llamas, horses, or fur-bearing animals, which are raised for commercial purposes, but not including any "household pet" as defined under this section.

[Added 4-27-2023 by L.L. No. 6-2023]

ANIMALS, NONCOMMERCIAL

Any poultry or hoofed mammal typical of an agricultural enterprise such as cattle, sheep, swine, goats, llamas, horses, or fur-bearing animals, which are not raised for commercial purposes, but not including any "household pet" as defined under this Section.

[Added 4-27-2023 by L.L. No. 6-2023]

ANTENNA(S)

A device used in communications which receives and transmits electromagnetic waves, microwave or other electronic communication signals from or to satellites or other instruments for television, radio, data, imagery, telephone or other forms of telecommunications.

[Added 8-20-1998 by L.L. No. 5-1998]

APARTMENT, ACCESSORY

An accessory apartment shall be a self-contained, independent residential dwelling unit, clearly incidental and secondary to the principal dwelling of which it is a part, having a separate entrance and containing separate provisions for cooking, sanitary and sleeping facilities for the exclusive use of the occupant.[1]

[Added 2-18-1999 by L.L. No. 2-1999]

AREA, BUILDING

The total of area, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, including cantilevered portions thereof, but excluding terraces and steps.

BASE FLOOD

See "one-hundred-year flood."

BASEMENT

That portion of a building which is partly underground, which extends no more than four feet above the average level of the finished grade adjacent to the exterior walls of the building. The word "basement" includes the word "cellar."

BASE SITE AREA

A calculated area; see § 138-21B.

BED-AND-BREAKFAST

A lodging facility with fewer than 10 guest rooms. A dining room and kitchen may be provided for serving guests of the facility. No public dining or a public bar is permitted within a bed-and-breakfast.

[Added 4-24-2003 by L.L. No. 7-2003]

BILLBOARD

A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated.

BOARDINGHOUSE

A building or portion thereof, other than a hotel, where lodging and meals are provided to three or more persons individually or as families, for compensation.

BODY SHOP

Any area of land or structures thereon or any building or part thereof that is used, in whole or in part, for the repair of automobile, motorcycle, all-terrain vehicle or truck bodies or frames. See “motor vehicle service station.”

[Amended 11-18-2004 by L.L. No. 16-2004]

BUFFER

An area of specified dimension extending between the property line and a required yard. The buffer shall not be used or otherwise encroached upon by any activities on the lot.

BUILDING

Any structure having a roof, supported by columns and/or by walls or self-supporting, including a factory manufactured structure and intended for the shelter, housing or enclosure of persons, animals or chattels.

BUILDING AREA

See "area, building" and "coverage, building."

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs and mansard roofs and to the mean height between the eaves and ridge for gable, hip and gambrel roofs, excluding utility services and their screening. For any structure that includes below-grade parking, building height shall be measured from the finished floor height of the first occupied level, provided that no more than 1/2 of one parking level, to a maximum of five feet, is above the finished grade. Building height with regard to a communications tower, antenna tower or monopole shall mean the distance measured from the finished grade around the base pad of the support structure to the highest point on the tower, including the base pad and any projecting antenna.

[Amended 8-20-1998 by L.L. No. 5-1998; 7-12-2007 by L.L. No. 4-2007]

BUILDING LENGTH

The least horizontal distance between the furthermost walls of the building, including any carports and porches.

BUILDING LINE

The closed traverse upon a lot which exactly encloses the exterior limits of a building.

BUILDING, MAIN

A building in which is conducted the main or principal use of the lot on which it is located.

BULK

A term used to describe the size, volume, area, 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 building, and all open spaces required in connection with a building, other structure or tract of land.

CAMPER

See "trailer."

CAR WASH

A building, the use of which is devoted to the washing of motor vehicles.

CENTER LINE

An imaginary line on the precise center of a street, driveway, roadway or similar feature.

CLUB MEMBERSHIP

Land, buildings or other facilities operated by a membership corporation, association or fraternal order for the purpose of accommodating recreational, athletic, social, literary or similar activities, where the members of the membership corporation, association or fraternal order control the assets and management of the club. A membership club does not operate primarily for profit, nor regularly render services to the general public.

COFFEE SHOP

A food-service facility providing counter service only and accessory to a hotel or conference center and intended primarily for the use of guests.

[Added 11-18-2004 by L.L. No. 16-2004]

COLLOCATION

The mounting of antenna(s) or other telecommunications equipment used by two or more providers, persons, firms or corporations on the same antenna support structure, monopole or antenna tower.

[Added 8-20-1998 by L.L. No. 5-1998]

COMMUNICATIONS TOWER

A structure on which antennas or other telecommunications devices are located for television, radio, data, imagery, telephone or other forms of telecommunications. All communications towers shall be considered structures for the purpose of this chapter.

[Added 8-20-1998 by L.L. No. 5-1998]

COMMUNICATIONS TOWER FACILITIES

A site development including a structure on which antennas or other telecommunications devices are located for television, radio, data, imagery, telephone or other forms of telecommunications and all related structures and improvements necessary for the operation of said facility.

[Added 8-20-1998 by L.L. No. 5-1998]

CONDITIONAL USE

A use permitted in the particular district but only subject to appropriate conditions and safeguards as determined by the appropriate governing body.

CONFERENCE CENTER

A building with meeting facilities, hotel rooms and food and beverage service. See also "hotel."

[Amended 11-18-2004 by L.L. No. 16-2004]

CONVALESCENT HOME

See "nursing home."

COUNTRY INN

A lodging facility that may include a public restaurant, public bar, or catering facility. No more than 20 guest rooms are permitted.

[Added 4-24-2003 by L.L. No. 7-2003]

COURT

An obstructed open area bounded on three or more sides by the walls of a building or buildings. It does not include any such area with no windows opening upon it except windows on a stairway. An "outer court" extends to a street or yard: an "inner court" does not.

[2]

COVERAGE, BUILDING

The percentage of the land area covered by the combined area of all buildings and structures.

[Added 4-24-2003 by L.L. No. 7-2003]

COVERAGE, LOT

The percentage of the land area covered by the combined area of all buildings, structures, and impervious surfaces.

[Added 4-24-2003 by L.L. No. 7-2003]

CRAFT WORKSHOP

A place where artists, artisans, craftsmen, and other skilled tradespeople produce custom-made art or craft products, including but not limited to baskets, cabinets, ceramics, clothing, flower arrangements, jewelry, metalwork, musical instruments, paintings, pottery, sculpture, toys, and weaving.

[Added 8-20-2015 by L.L. No. 7-2015]

CURB CUT

A cut through a curb and sidewalk, that enables a vehicle to drive to a driveway, garage, parking lot, loading dock, or drive-through.

[Added 4-9-2020 by L.L. No. 4-2020]

CURB RAMP

A short ramp built into the curb of a sidewalk to ease pedestrian passage to the street, driveway, or parking lot, especially for people using wheelchairs, walkers, and pushing baby carriages or strollers. Pedestrian curb ramps shall provide an Americans with Disabilities Act (ADA) complaint accessible pathway between sidewalks and streets at intersections, crosswalks, and driveway crossings.

[Added 4-9-2020 by L.L. No. 4-2020]

CURB-SIDE PICKUP

A designated parking space or drive-up window from which phone, mobile-application, or website take-out orders are picked up by customers or delivery service providers. Curb-side pick-up windows shall be for pick-up only,

[Added 6-3-2021 by L.L. No. 2-2021]

DANCE STUDIO

A building or portion of a building used by a teacher of dance and movement as a place of work or as a location for teaching students dance and movement.

DAY-CARE CENTER

A facility duly licensed by the New York State Department of Social Services for the daytime accommodation of children.

DENSITY FACTOR, MAXIMUM

An intensity measure expressed as the number of units per net buildable site area; see § 138-21E.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, clearing, grading, paving, excavation or drilling operations.

DRAINAGEWAY

Any natural or artificial trench, ditch, swale or similar depression into which surface water may flow. An intermittent drainageway is one in which surface water may flow periodically.

DRIVE-IN

Premises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to the public of any produce and providing curb and/or window counter service.

DROP CURB

See "curb ramp."

[Added 4-9-2020 by L.L. No. 4-2020]

DUST

Solid particulate matter capable of being air- or gas-borne.

DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities, including not more than one kitchen, for occupancy by only one family, including any domestic servants living and employed on the premises, having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.

DWELLING UNIT, ATTACHED

A dwelling unit having common walls with more than one dwelling unit.

DWELLING UNIT, DETACHED

A dwelling unit that is freestanding and not attached to any other unit. See also "dwelling unit, single-family."

DWELLING UNIT, MULTIFAMILY

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

DWELLING UNIT, SINGLE-FAMILY

A building containing one dwelling unit only.

DWELLING UNIT, TWO-FAMILY

A building containing two dwelling units only.

EMF

Electromagnetic frequency radiation.

[Added 8-20-1998 by L.L. No. 5-1998]

ENVIRONMENTAL CONSERVATION BUFFER

A vegetated buffer containing a mix of native deciduous and evergreen species of mixed ages, stream or wetland corridors, or geologic features that serves to screen any land use from adjoining properties or public rights-of-way.

[Added 4-24-2003 by L.L. No. 7-2003]

EQUESTRIAN CENTER

Riding academies, boarding stables and private stables not accessory to a private, principal house.

FABRIC-COVERED STORAGE STRUCTURE

Any structure, enclosure or shelter which is constructed of canvas, plastic or other pliable material supported in any manner except by the contents it protects, and which may or may not have walls or an impervious floor, that is used for the purposes of storing goods, materials and property. Fabric-covered storage structures shall include air-inflated structures, air-supported structures, cable-restrained air-supported structures, membrane-covered cable structures and membrane-covered frame structures, as defined by the New York State Building Code § 3102.2, and shall exclude temporary agricultural structures as defined herein.

[Added 12-15-2011 by L.L. No. 12-2011]

FAMILY

A person or a group of related persons, plus guests and domestic servants thereof, or a group of not more than six persons who need not be so related, who are living as a single housekeeping unit, maintaining a common household, using rooms and housekeeping facilities in common and having such meals as they eat at home prepared and eaten together. A roomer or boarder to whom rooms are let and/or board as furnished as permitted by this chapter shall not be considered a member of a family for the purpose of this definition.

FARM

Property on which the principal use is a farm use. See "farm use."

FARM USE

The principal or accessory use of a parcel of land for equestrian purposes, the raising, training and breeding of horses, or for the purpose of producing agricultural, vegetable and fruit products of the soil, livestock, poultry, eggs, dairy products, nuts and honey, but shall not include the breeding, raising or maintaining of fur-bearing animals, pigs, goats, fewer than 12 head of poultry, animal kennels, or riding or livery stables. A garden, accessory to a residential use shall not be deemed a farm use. A farm use shall not include the processing of farm products.

FAST FOOD

See "restaurant, fast-food."

FCC

The Federal Communications Commission, the government agency responsible for regulating telecommunications in the United States.

[Added 8-20-1998 by L.L. No. 5-1998]

FENCE

An unroofed barrier constructed of materials other than living shrubbery erected for the purpose of protection, confinement, enclosure or privacy, and excluding retaining walls. For the purposes of this chapter, a stone wall shall be considered a type of fence.

[Amended 6-23-2011 by L.L. No. 6-2011]

FILED MAP

Any map, survey or plat filed in the County Clerk's office of Putnam County.

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN

An area of land contiguous with a lake, stream or stream bed whose elevation is greater than the normal water pool elevation but equal to or lower than the projected one-hundred-year flood elevation.

FLOOR AREA, GROSS

The sum of the horizontal area of several stories of the building or buildings, measured from the exterior faces of exterior walls or, in the case of a common wall separating two buildings, from the center line of such a common wall, and including any two-story or any enclosed porch, or one having a roof and capable of being enclosed. Gross floor area shall not include interior parking spaces, loading space for motor vehicles or any space where floor to ceiling height is less than six feet.

FLOOR AREA RATIO

The gross floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. "Buildable area" is all land minus 50% of the acreage of state designated wetlands and 50% of the acreage of slopes over 25% in grade.

[Amended 1-21-1993 by L.L. No. 1-1993]

FOOTPRINT

The exterior dimension of any building or structure, including all areas enclosed by walls, but excluding open porches, decks, and terraces.

[Added 11-18-2004 by L.L. No. 16-2004]

FRONTAGE

The extent of a building or a lot along a street as defined herein.

FRONT WALL

The wall nearest to and facing the street on which the lot fronts.

FRONT YARD SETBACK

A line parallel to the front lot line and at a distance therefrom equal to the minimum front yard dimension for the district in which it is located. In the case of a corner lot for commercial property, the Planning Board shall determine which line is the front line. The front yard setback shall apply from all streets.

FUNERAL HOME

The establishment of a funeral director and/or undertaker, which may or may not include facilities for the conduct of funeral services.

GARAGE, PRIVATE

An accessory building or part of a main building used only for the permitted storage of motor vehicles for the owner's private use.

GARAGE, PUBLIC PARKING

A principal or accessory structure or part of a principal structure used for parking of motor vehicles accessory to a permitted use on the same or adjoining lot. A commercial parking structure providing public parking not associated with a principal use on the same or adjoining lot is not included in this definition and is prohibited, except as otherwise permitted by § 138-63.7.

[Amended 11-18-2004 by L.L. No. 16-2004; 7-24-2014 by L.L. No. 1-2014]

GAS STATION

Any area of land, including buildings and other structures thereon, that is used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental and no storage or parking space is offered for rent. It shall not include the operation of a body shop or a car wash. Sale of other retail products from the premises shall not be deemed to affect use of the facility as a gas station.

[Amended 11-18-2004 by L.L. No. 16-2004]

GENERAL BUSINESS

Trade shops, including those for the maintenance and preparation of automobiles in connection with the operation of a customer service center of an automobile dealership provided no body work or towing service is performed, painting, plumbing, carpentry, woodworking, printing, and copying machine printing and general repair shops under 10,000 square feet of building area. The maximum size of a general business may be expanded to 50,000 square feet of building area by conditional use permit issued by the Planning Board.

[Amended 6-24-2010 by L.L. No. 2-2010]

GRADE, ESTABLISHED STREET

The permanently established elevation of the center line of a street in front of the midpoint of the lot.

GRADE, FINISHED

The finished grade of any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.

HISTORIC STRUCTURE

Any structure listed on the Department of the Interior's National Register of Historic Structures or any structure designated by an agency of the Town or the county or any organization recognized for such purposes by the Town or the county. Such structure shall be deemed to have particular value because of its character, age and quality.

HOME OCCUPATION

The accessory use of a portion of a dwelling unit or accessory residential garage or barn for income-producing nonresidential purposes by members of the resident family.

[Amended 12-13-2018 by L.L. No. 4-2018]

HOTEL

A building or any part thereof designed and used for temporary occupancy by transient guests which provides sleeping accommodations for compensation, but does not allow cooking in rooms. These facilities may provide rooms for public assembly and may include the serving of food. The term "hotel" includes, but is not limited to "motel," "auto court," "motor hotel," "motor court," "motor lodge," "tourist court," "tourist cabins," or "roadside hotel." (See also "conference center.")

[Amended 11-18-2004 by L.L. No. 16-2004]

HOUSEHOLD PET

Animals that are customarily kept for personal use or enjoyment within the home. "Household pets" shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds and domestic rodents (such as hamsters and gerbils).

[Added 3-24-2011 by L.L. No. 4-2011]

HOUSE TRAILER

See "trailer or trailer coach."

INDUSTRIAL USE

See "light manufacturing."

INSTITUTIONAL USE

Public or semipublic buildings, including hospitals, sanitariums, schools, churches, group care facilities or public utility stations.

JUNKYARD

Includes any place of outdoor storage or deposit for wastepaper, old iron, metal, glass, cordage, rags, discarded material or parts of motor vehicles.

KENNEL

A use or building in which the principal activity is the keeping, raising, breeding or boarding of dogs and/or cats or other animals which may be considered household pets. For the purpose of this chapter, any such activity, excluding boarding, shall not be considered a kennel where accessory to a principal residential use, provided that not more than four animals exceeding six months of age that are licensed to persons other than the owner, tenant, licensee or occupant of the property are kept.

[Amended 3-24-2011 by L.L. No. 4-2011]

LABORATORY AND RESEARCH FACILITIES

A building or buildings for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products and uses accessory thereto; wherein products are not manufactured for wholesale or retail sale; wherein commercial servicing or repair of commercial products is not performed; and where there is no retail display of any materials or products.

LAKES and PONDS

Natural or artificial bodies of water which retain water year round. A lake is a body of water of two or more acres. Artificial ponds may be created by dams or may result from excavation. The shoreline of such bodies of water shall be measured from the maximum condition rather than from the permanent pool in the event of any difference.

LARGE RETAIL ESTABLISHMENTS

Any wholesale or retail establishment or group of such establishments (that may include other non-wholesale or non-retail uses) in one or several buildings on one or more tax parcels and developed as a single shopping center by virtue of common access, adjacency, common ownership, or timing of development, with a total gross floor area of 50,000 square feet or more.

[Added 7-12-2007 by L.L. No. 4-2007]

LIGHT MANUFACTURING

Industrial uses such as manufacturing, processing and assemblage that are of a nonpolluting nature, particularly in regard to reservoir and groundwater resources, noise and air quality.

LIVE/WORK BUILDING

A non-age-restricted building which includes a commercial component attached to living quarters occupied by a person or persons, at least one of whom owns or works in the attached commercial component,

[Added 6-3-2021 by L.L. No. 2-2021]

LOADING SPACE

Any off-street space available for the loading or unloading of goods.

LOT

A parcel of land, not divided by streets, devoted to or to be devoted to a particular use, or occupied or to be occupied by a building or buildings, together with such open spaces as are required under the provisions of this chapter and having its frontage on a street as defined in this chapter.

LOT LINE

A property line bounding a lot.

LOT LINE, FRONT

The lot line separating the lot from the street.

LOT LINE, REAR

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

LOT LINE, SIDE

The property line or lines extending from the front lot line to the rear lot line.

LOT WIDTH

The length of a line running parallel to the street frontage at a distance from the street along a line perpendicular to the street equal to the required front yard.

[Added 4-24-2003 by L.L. No. 7-2003]

MAJOR PROJECT

A proposed use that requires a special permit or site plan approval and that exceeds any of the thresholds for a minor project.

[Added 6-23-2011 by L.L. No. 6-2011]

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision (as defined in § 123-6 of Chapter 123, Subdivision of Land), including but not limited to subdivisions of five or more lots or any size subdivision requiring any new street or extension of municipal facilities.

[Added 4-24-2003 by L.L. No. 7-2003]

MANUFACTURED SLOPE

Any slope created through grading activity.

[Added 4-24-2003 by L.L. No. 7-2003]

MASSAGE PARLOR

Any place where for any form of consideration or gratuity massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

[Added 3-16-2006 by L.L. No. 4-2006]

MASTER PLAN

A comprehensive plan for the development of the Town, prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general location recommended for various public works and reservation and for the general physical development of the Town and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.

MATURE WOODLANDS

An area of plant material covering one acre or more and consisting of 30% or more canopy trees having a sixteen-inch or greater caliper, or any grove consisting of eight or more trees having an eighteen-inch or greater caliper.

MINOR PROJECT

A use or combination of uses on a lot or a series of adjoining lots that requires site plan review and that falls within the following thresholds:

[Added 6-23-2011 by L.L. No. 6-2011]

(1) Construction of facilities or structures for a nonresidential use involving less than 10,000 square feet development area.

(2) Minor alterations of existing structures, including the expansion of such structures by no more than 4,000 square feet.

(3) Conversion of existing nonresidential facilities or structures involving less than 10,000 square feet of development area to another use that would not result in any increase in consumption of water, production of wastewater or the generation of traffic.

MOBILE HOME

A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities and designed and constructed without a permanent foundation for year-round living, or a mobile home unit sealed by the state as such. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. "Mobile home" shall mean units designed to be used exclusively for residential purposes, excluding travel trailers. Any addition to such mobile home shall, for the purposes of this chapter, be deemed to be a part of such mobile home. See also "motor home," "trailer" and "pickup coach."

MOBILE HOME PARK

A land area occupied or designed for occupancy by two or more mobile homes for living purposes.

MODEL STUDIO

Any place where for any form of consideration or gratuity figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

[Added 3-16-2006 by L.L. No. 4-2006]

MODERATE SLOPES

Areas with an average slope equal to or greater than 15% and less than 25% over a horizontal distance of 50 feet or more; or any minimum area of 200 square feet with a vertical elevation change of 10 feet or more.

[Added 4-24-2003 by L.L. No. 7-2003]

MONOPOLE

Any freestanding pole that serves as a communications tower and upon which an antenna or antennas or other telecommunications equipment is or has been located.

[Added 8-20-1998 by L.L. No. 5-1998]

MOTEL

See "hotel."

MOTOR HOME or RECREATION VEHICLE (RV)

A portable, temporary dwelling designated to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. See also "mobile home," "travel trailer" and "pickup coach."

MOTOR VEHICLE

A self-propelled device used for transportation of people or goods over land surfaces and licensed by the State of New York as a motor vehicle.

MOTOR VEHICLE DEALERSHIP

A business primarily engaged in enclosed and accessory outdoor retail sale of new or certified pre-owned automobiles. The primary use shall include the showroom, interior display and storage of vehicles, offices, interior service and repair, vehicle preparation and repair work, and the sale of parts and accessories for said automobiles. Accessory uses include parking for employees, customers, sales, offices and repair services, and the outside storage of motor vehicles for sale. A motor vehicle dealership shall not include a "gas station" or "junkyard" as defined by § 138-4B. A motor vehicle dealership shall not operate a towing service.

[Added 8-20-2015 by L.L. No. 7-2015; amended 6-3-2021 by L.L. No. 2-2021]

MOTOR VEHICLE SERVICE STATION

Any area of land, including structures thereon, or any building or part thereof that is used for lubricating or otherwise servicing motor vehicles, including towing service, body work or painting. Repair work shall be permitted on premises only within a totally enclosed soundproof building. A gasoline pump may be included in a motor vehicle service station where gasoline is not made available for retail sale to the general public but that may be used to refuel tow trucks or portable containers to carry off-site to a stranded vehicle. Temporary gasoline storage used to remove gasoline from damaged vehicles may be included so long as all storage is conducted in a manner consistent with all state and local codes.

[Amended 11-18-2004 by L.L. No. 16-2004]

NET BUILDABLE SITE AREA

A calculated area; see § 138-21D, Item 3.

NIGHTCLUB

A club, theater, cabaret, casino, discotheque or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers.

[Added 3-16-2006 by L.L. No. 4-2006]

NONCONFORMING USE

The use of a building or plot that does not conform to the use regulations of the district or zone in which it is situated, which use was lawful under the ordinance of the time the use was established. A building or plot of land which is conforming in use but does not conform to the dimensional regulations of this chapter shall not be considered a nonconforming use.

NONPOLLUTING USE

Any use which is not noxious or offensive by reason of emission of odor, dust, noise, vibration, heat, smoke, gas, fumes or radiation and which does not involve the storage or processing of sewage, sludge, medical refuse or other waste which can present a hazard to public health or safety or contamination of the natural environment.

[Added 12-15-1994 by L.L. No. 5-1994]

NURSERY

Any place used as a garden for the cultivation and growing of trees, shrubs and other plants, including the replanting of said plants grown at places other than the nursery, including sale to the public where such sale is accessory.

NURSERY SCHOOL

A place, building or structure licensed by the State of New York, used during daylight hours for the care and/or instruction of three or more children under six years of age and operated on a regular basis.

NURSING OR CONVALESCENT HOME

A proprietary facility licensed and regulated by the State of New York, for the accommodation of two or more persons, not related by blood or marriage, who are aged, convalescent or not acutely ill and not in need of hospital care and related medical services, which persons are boarded and/or housed for remuneration, and in which facility such nursing care and medical services are prescribed by or are performed under the general direction of persons licensed to provide such care or services in accordance with the laws of the State of New York, but not including hospitals or the keeping of patients suffering from any contagious disease, tuberculosis, serious or dangerous mental illness, acute alcoholism or drug addiction.

OFFICE USE

Floor space generally devoted to administrative, clerical and business uses; call centers; and corporate headquarters and computer facilities; provided that there are no industrial by-products or ground, air or water pollutants not associated with normal building operations. "Office use" shall exclude retail, light manufacturing, industrial, or warehouse uses.

[Amended 8-20-2015 by L.L. No. 7-2015]

OFFICIAL MAP

A map adopted by the Town Board, showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on this map.

ONE-HUNDRED-YEAR FLOOD

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

OPEN SPACE

That percentage of the land area not covered by the combined area of all buildings, structures and paved areas on all or that portion of the lot within the same zoning district as the main building.

OUTSIDE STORAGE

Includes the outside storage or display of merchandise, supplies, equipment, or other materials associated with a principal use, the outside storage or display of vehicles for sale, and the outside manufacture, processing or assembling of goods. The area occupied for outside storage must comply with setback requirements and cannot be considered part of the open space requirements of a site. No shipping containers are permitted as part of outside storage. "Outside storage" shall not mean off-street parking areas associated with passenger cars, vans, or pickup trucks used by employers, employees or visitors commonly associated with the principal permitted uses. "Outside storage" shall not mean the overnight parking of passenger cars, vans, or pickup trucks associated with operation of the principal use, such as delivery or maintenance vehicles, provided that such vehicles are parked in approved off-street parking spaces furthest from public view.

[Amended 11-18-2004 by L.L. No. 16-2004; 2-19-2015 by L.L. No. 1-2015]

PARKING AREA

An off-street area containing one or more parking spaces with passageways and driveways appertaining thereto.

PARKING FACILITY

An off-street parking area or public parking garage that provides off-street parking to users of mass transit, and subject to the requirements of § 138-63.7.

[Added 7-24-2014 by L.L. No. 1-2014]

PARKING SPACE

An off-street area suitable for parking one automobile, which, in addition, contains sufficient other areas for ingress, egress and maneuvering.

PARTICULATE MATTER

Any finely divided liquid or solid matter, including smoke, capable of being air- or gas-borne.

PAWNSHOP

Its usual and ordinary meaning.

[Added 3-16-2006 by L.L. No. 4-2006]

PERSONAL SERVICES

Commercial or business services provided to individuals or to other businesses to include the cleaning of clothes, repair of shoes or other personal effects, hair grooming, physical therapy and health aid and printing, copying, design, typing and computer services to include studios for the production of arts and crafts. Such definition shall exclude automotive services, retail, general business and light manufacturing.

PICKUP COACH

A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. See also "mobile home" and "travel trailer."

PRINCIPAL USE

The single, major use of operations on a site. (See also "use.")

PRIORITY UNIT

A single-family or multifamily housing unit that is marketed to and occupied by a household meeting the eligibility requirements defined by the particular project, including but not limited to households within a preference group which may include but are not limited to residents and/or workers in the Town of Southeast who are members of the fire and police force, school district employees, veterans residing in Putnam County, persons aged 55 and older, persons with disabilities, and Putnam County first responders.

[Added 9-22-2016 by L.L. No. 6-2016]

POOL OR BILLIARD HALL

An establishment containing three or more pool or billiard tables and wherein the games of pool or billiards are played.

[Added 3-16-2006 by L.L. No. 4-2006]

PROFESSIONAL SERVICES

Services provided by a person who practices an occupation in which some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interests or welfare in the practice of an art founded on such knowledge. The word "professional" implies attainments in knowledge as distinguished from mere skill and the application of such knowledge to serve others. "Professional person" includes any person licensed to practice under the Education Law of the State of New York.

PROMONTORY

A high point of land or rock projecting into a body of water or a local summit(s), ridge(s), or high point(s) along a ridgeline measured to a maximum of 150 horizontal feet but no more than 75 horizontal feet on any side.

[Amended 4-24-2003 by L.L. No. 7-2003]

QUALIFYING AFFORDABLE HOUSEHOLD

A household in which the total household income is equal to or less than 80% of Putnam County household income as published by the United States Census Bureau from time to time or as adjusted consistent with increases in the CPI during interim periods, and in which at least one member of the household is a member of one or more of the preference groups identified for the particular project.

[Added 9-22-2016 by L.L. No. 6-2016]

RECREATION, COMMERCIAL

Commercial recreation uses include the following indoor and outdoor uses: golf courses and driving ranges; dance, gymnastics, and martial arts studios; health and exercise facilities; tennis, racquetball, pickleball, and squash courts; swimming pools, spas, and splash pads; ice skating rinks; soccer and basketball facilities; rock climbing; and ball sports fields. Commercial recreation also includes the following uses if they are conducted exclusively indoors: go-cart tracks, arcades, and laser tag. Commercial recreation excludes the following outdoor uses: automotive or go- cart tracks; shooting ranges (see "shooting ranges"); amusement parks; and any use of archery equipment, guns, weaponry, or similar equipment that may be used to simulate combat, including equipment that has the capacity to propel a projectile or emit a light and/or laser.

[Amended 11-18-2004 by L.L. No. 16-2004; 4-6-2017 by L.L. No. 4-2017; 10-8-2020 by L.L. No. 8-2020]

RECREATION, RESIDENTIAL

Residential recreation uses include the following indoor and outdoor uses: golf courses and driving ranges; dance, gymnastics, and martial arts studios; health and exercise facilities; tennis, racquetball, pickleball, and squash courts; swimming pools, spas, and splash pads; ice skating rinks; soccer or basketball facilities; rock climbing; and ball sports fields. Residential recreation uses shall exclude facilities intended primarily for spectator activities, such as, but not limited to, stadia and arenas, and any of the above permitted uses with spectator seating, for more than 25 people. Residential recreation uses shall also exclude shooting ranges; amusement parks; and any use of archery equipment, guns, weaponry, or similar equipment that may be used to simulate combat, including equipment that has the capacity to propel a projectile or emit a light and/or laser.

[Added 4-6-2017 by L.L. No. 4-2017; amended 10-8-2020 by L.L. No. 8-2020]

RECREATION, SMALL-SCALE

A business occupying less than 15,000 square feet which, for compensation, offers indoor recreational activities such as dance studios, martial arts studios, arts and crafts studios, musical or theatrical instruction, children's gyms and play centers, and other places of public or private entertainment. Activity facilities shall not include facilities intended primarily for spectator activities, such as, but not limited to, stadia and arenas, automotive or go-cart tracks, bowling alleys, billiard parlors, pool halls, amusement games (e.g., video games, skeeball, or similar), or any use of archery equipment, guns, weaponry or similar equipment that may be used to simulate combat, including equipment that has the capacity to propel a projectile or emit a light and/or laser.

[Added 8-20-2015 by L.L. No. 7-2015; amended 4-6-2017 by L.L. No. 4-2017]

RESEARCH FACILITIES

See "laboratory and research facilities."

RESIDENTIAL DELIVERY SERVICE

Customary governmental and commercial delivery services that distribute mail and packages to residential properties during normal operating hours from a box truck or van and requiring no heavy equipment.

[Added 12-13-2018 by L.L. No. 4-2018]

RESTAURANT

A business enterprise engaged in preparing and serving food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises with take-out food as an accessory use, excluding fast food and fast casual.

[Amended 8-20-2015 by L.L. No. 7-2015]

RESTAURANT, FAST CASUAL

A restaurant serving food for casual dining, curb-side pick-up, or take out, where food is primarily prepared to order. The food may be selected from a standardized menu visible behind the counter where the order is placed and no drive-through is provided. Although table service may not be provided, the restaurant provides a comfortable dining atmosphere with tables for patrons. Food is delivered on nondisposable plates, baskets, or similar service ware.

[Added 8-20-2015 by L.L. No. 7-2015; amended 6-3-2021 by L.L. No. 2-2021]

RESTAURANT, FAST-FOOD

A business enterprise primarily engaged in the sale of food and beverages served in disposable containers selected by patrons from a limited line of prepared specialized items, such as but not limited to hamburgers, chicken, pizza, tacos and hot dogs, for consumption either on or off the premises, in a facility where the floor area available for dining is less than 1/2 of the gross floor area, or a major portion of the sales to the public is at a drive-through, drive-in, or stand-up type counter. The term "fast-food restaurant" shall not include bakeries, delicatessens, ice cream/yogurt parlors or similar types of retail establishments. See also "restaurant" and "restaurant, fast casual."

[Amended 8-20-2015 by L.L. No. 7-2015]

RETAIL USE

Stores and shops, occupying less than 50,000 square feet of space in one or several buildings, where goods are sold primarily at retail. Such sales are primarily made directly to the ultimate consumer and include goods such as food, beverage and clothing, excluding lumberyards, restaurants and fast food. Outside storage of goods for such use permitted only with special permit.

[Amended 7-12-2007 by L.L. No. 4-2007]

RETAINING WALL

A vertical or inclined structure designed to restrict the movement of soil, fill material or water; stabilize soil or fill material; impede erosion; or terrace a parcel or site.

[Added 6-23-2011 by L.L. No. 6-2011]

RIDGELINE

The uppermost 50 vertical feet of a hill or mountain above a minimum elevation of 500 feet above mean sea level.

[Added 4-24-2003 by L.L. No. 7-2003]

ROOMING HOUSE

See definition of "boardinghouse."

SCHOOL, PRIVATE

A kindergarten, primary or secondary school, junior college, college or university not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school, licensed by the State of New York Education Department.

SCHOOL, PUBLIC

Any educational institution operated by a public school district under the laws of the State of New York, or any junior college, college or university operated under or by any municipal or quasi-municipal subdivision or agency.

SELF-STORAGE

Storage of domestic or household objects in individual, fully enclosed storage spaces accessible to the general public for a fee.

[Added 11-18-2004 by L.L. No. 16-2004; amended 6-3-2021 by L.L. No. 2-2021]

SELF-STORAGE FACILITY

A building or group of buildings that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of customers' business and household goods or contractors' supplies.

[Amended 6-3-2021 by L.L. No. 2-2021]

SENIOR HOUSING

A housing community or facility consisting of attached, detached or multiple-dwelling units with occupancy limited to:

[Added 3-21-2002 by L.L. No. 2-2002]

(1) A single person who is 55 years of age or over (an "eligible senior").

(2) Two or more eligible seniors living together.

(3) A husband or wife under 55 years of age who is residing with his or her spouse who is an eligible senior.

(4) Children and grandchildren residing with one or both of their parents or grandparents where one of said parents or grandparents with whom the child or grandchild is residing is an eligible senior, provided that such children or grandchildren are 18 years of age or over.

(5) The surviving member or members of a family of a deceased eligible senior and living within a senior housing community or facility with the deceased eligible senior at the time of his or her death.

(6) An adult or adults under 55 years of age if it is established that the presence of such a person or persons is essential for the physical care or economic support of an eligible senior.

(7) A superintendent of the senior housing development and his or her family residing in one dwelling unit within the development.

SERVICES

See "personal services" and "professional services."

SETBACK

The required minimum horizontal distance between the lot or property line and the nearest front, side or rear line of the building, as the case may be, including terraces or any covered projection thereof, excluding uncovered steps.

SEXUAL CONDUCT

Includes the following:

[Added 3-16-2006 by L.L. No. 4-2006]

(1) The fondling or touching of human genitals, pubic region, buttocks or female breasts;

(2) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

(3) Masturbation; and

(4) Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C.

SEXUAL ENCOUNTER CENTER

Any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sexual conduct or exposing specified anatomical areas.

[Added 3-16-2006 by L.L. No. 4-2006]

SHIPPING CONTAINER

Any container used for shipping or storage of bulk products that can be placed on a truck chassis or railcar or set directly on the ground.

[Amended 11-18-2004 by L.L. No. 16-2004]

SHOOTING RANGE

An indoor facility that is designed or intended as a place for the regular and repeated discharge of firearms, archery, or weaponry for the purpose of target practice or target shooting, skill development and training, recreation and/or competitions, and is open to use by persons other than the owner of the property and the owner's family and social guests, whether the facility is operated by a club or membership group, government entity, or private person or entity.

[Added 10-8-2020 by L.L. No. 8-2020]

SIGN

Refer to § 138-73, Definitions.

SIGN STRUCTURE AREA

Refer to § 138-73, Definitions.

SMOKE

Any emission into the open air from combustion, from any source, except emissions of uncontaminated water vapor.

SPECIFIED ANATOMICAL AREAS

Include the following: human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola.

[Added 3-16-2006 by L.L. No. 4-2006]

STEEP SLOPES

Areas with an average slope equal to or greater than 25%, with a minimum area of 200 square feet and a minimum width perpendicular to the contour of 10 feet.

[Amended 4-24-2003 by L.L. No. 7-2003]

STORAGE

See "warehouse."

STORY

That portion of a building included between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the floor and the top of the ceiling beams next above it. A basement shall be counted as a story if the ceiling is more than four feet above the level from which the height of the building is measured and if it is used for dwelling purposes by other than a janitor or night watchman. In a nonresidential building, each basement in excess of one shall be counted as a story.

STREET

An existing state, county or Town highway, or a way shown on a subdivision plat approved by the Town Planning Board, as provided by Town Law § 280-a.

STREET LINE

The dividing line between a street and a lot.

STREET LINE, DESIGNATED

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

STRUCTURE

Any building or thing that is constructed or erected that requires a location on the ground or attachment to something having location on the ground, that exceeds four feet in height at its highest point when measured perpendicular from the ground at that point, including fences, stone walls, telecommunication towers and antennas, but excluding satellite dish antennas having maximum diameter less than one meter. For the purpose of this chapter, tennis courts, basketball courts, swimming pools, and decks of any height shall be considered structures.

[Amended 8-20-1998 by L.L. No. 5-1998; 11-18-2004 by L.L. No. 16-2004]

SUBDIVISION

The division of any one existing lot into two or more separate lots.

SUBDIVISION PLAT

The division of a tract or parcel of land into two or more lots for the purpose, whether immediate or future, of sale, lease, gift, devise, conveyance of or transfer of title, or division by other means, building development, notwithstanding subdivision regulations to the contrary.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which exceeds 50% of the value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications, which are necessary solely to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places, the Statewide Inventory of Historic and Cultural Resources or the Town Inventory of Historic Structures.

TATTOO PARLOR

Its usual and ordinary meaning.

[Added 3-16-2006 by L.L. No. 4-2006]

TELECOMMUNICATIONS

The transmission of radio communications, between or among points specified by the user, or information of the user's choosing, without change in the form or content of the information as sent and received.

[Added 8-20-1998 by L.L. No. 5-1998]

TEMPORARY AGRICULTURAL STRUCTURE

A building or other structure, made of white or untinted translucent material, that does not contain a concrete or impervious floor, which is used wholly or primarily for agricultural purposes and to support a farm use, as defined herein, that is within a listed agricultural district. The following shall be included within this definition if principally used in the course of an agricultural business: structures used to shelter or store crops, produce, seed, horticultural or nursery stock, fertilizer, pesticides, feed, or agricultural vehicles, equipment and machinery; buildings or structures used for the packaging or shipping of produce, horticultural or nursery stock; greenhouses; hoop houses; high tunnels; and cold frames.

[Added 12-15-2011 by L.L. No. 12-2011]

TEMPORARY STRUCTURE

A structure without any foundation or footings that shall be removed within a six-month time period. Temporary structures in place for more than one month, excluding residential and farm uses, shall require site plan approval.

[Added 6-23-2011 by L.L. No. 6-2011]

TENT

A temporary structure or facility constructed of canvas, metal or wood used to house or enclose an outdoor area or use.

THEATER/PERFORMING ARTS

A building or part of a building devoted to showing motion pictures or for dramatic, educational, musical, or other live stage performances and which provides a seat for each patron, but not including outdoor drive-in movie theater or adult uses.

[Added 8-20-2015 by L.L. No. 7-2015]

TOWER

See "communications tower facilities."

[Added 8-20-1998 by L.L. No. 5-1998]

TRADE SHOP

A workshop of any person employed in a skilled trade, such as but not limited to plumbing, electrical, painting, woodworking, carpentry and upholstery.

TRAILER CAMP

A land area occupied or designed for occupancy by two or more travel trailers.

TRAILER or TRAILER COACH

A vehicular portable structure built on a chassis, designed to be used or inhabited, either as a temporary office, storage facility or as a dwelling for travel, recreation and vacation use, not permanently affixed to a foundation and not having motor power of its own. See also "mobile home," "motor home" and "pickup coach."

[Amended 1-20-2000 by L.L. No. 1-2000]

USE

The specific purpose for which land, water or a building or structure 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.

USE, ACCESSORY

A use incidental to the principal use and located on the same lot. In buildings restricted to residential use, the office of a professional, customary home occupations and woodworking and similar workshops not conducted for compensation shall be deemed accessory uses. There may be no uses accessory to an accessory use.

UTILITY, PRIVATE

Those normal and customary services to a building or group of buildings within a corporate park or subdivision to provide heat, electric, power, water, sanitary waste disposal and/or fire protection.

UTILITY, PUBLIC

Any person, firm, corporation or governmental agency duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage treatment, steam, solid waste collection or communications service. This definition shall not bestow any special status or standing to such person, firm, corporation or governmental agency not already provided by state or federal law.

[Amended 8-20-1998 by L.L. No. 5-1998]

VARIANCE

Action of the Zoning Board of Appeals, pursuant to Town Law § 267, to vary or modify the application of any of the regulations or provisions of this chapter.

WAREHOUSE

A building or structure used for the storage of commercial nonpolluting and nonhazardous manufactured goods. Self-storage facilities are not included in the definition of warehouse.

[Amended 11-18-2004 by L.L. No. 16-2004]

WATERCOURSE

A stream, brook or river that flows six months a year and is identified on local maps and surveys.

WETLANDS

Lands and waters as defined by Chapter 78, Freshwater Wetlands.

[Amended 4-24-2003 by L.L. No. 7-2003]

WETLANDS CONTROL AREA

An area adjacent to a regulated wetland as defined and specified in Chapter 78, Freshwater Wetlands.

WOOD MILL

An indoor or outdoor nonportable, commercial facility, which has as its primary purpose the production of firewood, wood chips, or mulch from the splitting, chipping and/or grinding of wood for the express purpose of producing wood by-products for use as firewood, landscaping material, or for other uses off site.

[Added 2-19-2015 by L.L. No. 1-2015]

YARD, FRONT

A ground area, unoccupied except for permitted fences, garden walls and/or plantings, fully open to the sky between the front lot line and nearest point of building allowed by this chapter.

YARD LINE

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

YARD, REAR

A ground area, unoccupied except for permitted fences, garden walls and/or plantings, fully open to the sky between the rear lot line and nearest point of building allowed by this chapter.

YARD, SIDE

A ground area, unoccupied except for permitted fences, garden walls and/or plantings, fully open to the sky between the side lot line and nearest point of building allowed by this chapter and extending from the front lot line to the rear lot line.

ZONING MAP

A map adopted by the Town Board, pursuant to the requirements of Town Law §§ 264 and 265, which depicts the Town and the boundaries of the zoning districts described in this chapter.[3]

[1] Editor's Note: The definition of “Automotive, gasoline station or motor vehicle service station,” which immediately followed this definition, was amended 11-18-2004 by L.L. No. 16-2004. See now the definition of “motor vehicle service station” below.

[2] Editor's Note: The definition of "coverage,“ which immediately followed this definition, was repealed 4-24-2003 by L.L. No. 7-2003. See now the definitions of "coverage, building" and "coverage, lot."

[3] Editor's Note: The Zoning Map is located in the pocket at the end of this volume.