Town of Woodstock, NY
Ulster County
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Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meaning herein indicated. Words used in the present tense include the future; the singular number includes the plural, and the plural number includes the singular; the word "lot" includes the word "plot"; the word "structure" includes the word "building." The term "occupied" or "used" as applied to any given building or land shall be construed to include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used or occupied." The word "shall" is mandatory and not optional.
ACCESSORY APARTMENT
A subordinate dwelling unit having its own kitchen and bathroom facilities located either within the confines of the principal residence, including the garage, if attached thereto, or within a detached accessory structure as defined in § 260-60 of this chapter, and meeting all the requirements of habitable space as required by the New York State Uniform Fire Prevention and Building Code.
[Amended 11-18-2008 by L.L. No. 2-2008]
ACCESSORY STRUCTURE
A detached structure, the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot or premises. Except for a guest cottage or accessory apartment, which may be provided in accordance with Article VI of this chapter, accessory structures are not for the purpose of human habitation and include such buildings as garages, swimming pools, garden and tool sheds, barns and playhouses and such elements as accessory signs, satellite dish antennas and solar collectors. Where a structure is attached to the principal structure in a substantial manner such that they share a common wall, such structure shall be considered part of the principal structure and not an accessory structure. The class of structure commonly referred to as a "mobile home" shall not be utilized as an accessory structure.
ACCESSORY USE
A use, occupancy, or tenancy which is customarily incidental and subordinate to the principal use, occupancy, or tenancy and located on the same lot or premises.
ACT
The Federal Telecommunications Act of 1996.
ADDITION
Extension or increase in area or height of a building.
ADEQUATE CAPACITY
Capacity is considered to be adequate if the grade of service is p.05 or better for at least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the personal wireless service facility in question, where the call blocking is due to frequency contention at the antenna(s).
ADEQUATE COVERAGE
Coverage is considered to be adequate within that area surrounding a base station where the predicted or measured median field strength of the transmittal signal is greater than or equal to -95 dbm for at least 75% of the intended coverage area. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than -95 dbm, as long as the signal regains its strength to greater than or equal to -95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than or equal to -95 dbm.
AGRICULTURE
All activities related to the growing or raising of crops or livestock, including farming, dairying, pasturage agriculture and horticulture, where income for one or more of these activities meets or exceeds $5,000 per annum.
AIRCRAFT
A mechanically propelled vehicle capable of transporting humans in flight. The term "aircraft" shall include any airplane and/or helicopter.
[Added 7-31-2012 by L.L. No. 1-2012]
ALTERATION
Any change, rearrangement, or addition to a building, other than repairs, any modification in construction or in building equipment, or the moving of a building or structure from one location to another.
ANTENNA
A device which is attached to a tower, or other structure, for transmitting and receiving electromagnetic waves.
APARTMENT
A dwelling unit contained within a two-family or multifamily dwelling, or any dwelling unit in a one- or two-family dwelling that has an accessory apartment.
AREA AND BULK REGULATIONS
The combination of controls which establish the minimum size of a lot and the maximum size of a building and its location on such lot.
ART GALLERY
A place where original works of art are displayed and offered for sale. In those districts where a special permit is required for an art gallery, the sale of items other than original works of art is prohibited.
ARTIST STUDIO
A place wherein original works of art are produced or executed and may be offered for sale in accordance with § 260-55 of this chapter. These works include, but are not limited to, fine art, sculpture, crafts, photography, literature, electronic creations or software. This definition does not include galleries or studios selling works of art not produced on site.
AS-BUILT
The final set of drawings produced at the completion of a construction project which show all the changes that have been made to the original construction drawings, including notes, modifications, and other relevant information, certified by a licensed engineer or surveyor.
[Added 7-3-2013 by L.L. No. 1-2013]
ATTIC
That space within a building between the top of the uppermost floor construction and the underside of the roof.
AUTOMOBILE SERVICE STATION
Any area of land, including structures thereon, that is used for the repair of motor vehicles and which may include the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including the sale of motor vehicle accessories.
AVAILABLE SPACE
The space on a tower or structure to which antennas of a personal wireless service provider are both structurally able and electromagnetically able to be attached and which is available for rental to the applicant at fair market prices and terms and on which space and location will provide necessary coverage.
BASEMENT
A story partly below finished grade but having at least 1/2 of its height measured from floor to ceiling, but not less than four feet, above average finished grade. A basement shall be counted as one story in determining the height of a building in stories.
BASE STATION
The primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of personal wire service provider can be located on a single tower or structure.
BED-AND-BREAKFAST ESTABLISHMENT
A supplementary business use having a resident host in a private single-family or two-family residence in which at least three and not more than five rooms are offered for rent within the private residence and only one meal (breakfast) is furnished to roomers and in which no public restaurant is maintained and no other commercial services are offered. The bed-and-breakfast establishment shall not have more than 10 occupants as lodgers.
BED-AND-BREAKFAST HOME
An accessory use having a resident host in a private single-family or two-family home in which at least one and not more than two rooms are offered for rent within the private residence and only one meal (breakfast) is furnished to roomers and in which no public restaurant is maintained. The bed-and-breakfast home shall not have more than four occupants as lodgers.
BEGINNING OF CONSTRUCTION
The incorporation of both labor and materials within the footings or foundation of a building or group of buildings.
BILLBOARD
See "sign, advertising."
BOARDING, LODGING, TOURIST OR ROOMING HOUSE
A private dwelling in which at least two but not more than six rooms are offered for rent, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained.
BUFFER ZONE
A strip of land established to protect one type of land use from another with which it is, or may be, incompatible.
BUILDABLE AREA
The space remaining on a lot after the minimum open space requirements (yards, setbacks, etc.) have been met.
BUILDING
A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, property or business activity. See "structure."
BUILDING, ACCESSORY
See "accessory structure."
BUILDING GROUP
A group of two or more principal buildings and any buildings accessory thereto occupying a lot in one ownership and having any yard in common.[1]
BUILDING LINE
The line, established by law, ordinance, or regulation, beyond which no part of a building, other than parts expressly permitted, may extend.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is located.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building normally of the same type on another lot but having one side yard.
CAMP
Any parcel of land on which are located two or more cabins, tents, shelters, or other accommodations of a design or character suitable for seasonal or other temporary living purposes, including summer colony and day camp, but not including a trailer park, boardinghouse, hotel or motel.
CAR WASH
Premises regularly used for washing, cleaning or polishing of motor vehicles for compensation.
CELLAR
That space within a building that is partly or entirely below grade and has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
CENTRAL WATER
For the purposes of this chapter, a water supply system serving four or more dwelling units and approved by the Town of Woodstock and the Ulster County Health Department for either private or public operation.
CERTIFICATE OF OCCUPANCY OR USE
Official certification issued by the Zoning Enforcement Officer that a premises conforms to the applicable provisions of this chapter, the New York State Uniform Fire Prevention and Building Code, and other applicable regulations and may be legally used or occupied.
CESSATION OF USE
As used herein, a use shall be determined by the Zoning Enforcement Officer to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon such use or not. See § 260-94 of this chapter.
CHANNEL
The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.
CHURCH OR OTHER PLACE OF WORSHIP
A building or site used for the adoration, homage or veneration given to a deity or to something regarded as sacred. It shall not include any activity which is either prohibited or which requires a special use permit under this chapter for the district in which the building or site is located (even if incidental to the primary use as defined above).
CIRCUS and/or CARNIVAL
A temporary, organized, outdoor program of entertainment or exhibition, such as a fair, gymkhana, flea market, rodeo, horse show, or similar use, where activities include such items as rides, exhibits, food service, sales or small-scale games.
CLEAN FILL
Soil and rock uncontaminated by any other material.
CLEAR-CUTTING
The removal of more than 50% of the trees over six inches in diameter measured at 4 1/2 feet above ground level in a period of one year or less. The percentage shall be calculated relative to the cleared area and not relative to the whole lot.
CLEARING
The cutting or removal of all wooden-stemmed fibrous material.
CLINIC
See "health services facility."
CLUB, HEALTH
A facility offering exercise areas and equipment, racquet courts, swimming and other physical fitness related activities to members paying a fee.
CLUB, MEMBERSHIP
Premises of an organization of persons who meet periodically to promote some nonprofit social, educational, athletic, service or recreational objective and who cater exclusively to members and their guests, with no vending, merchandising or commercial activities conducted except as required generally for the membership and purposes of the club.
CLUSTER DEVELOPMENT
A development pattern in which uses are grouped or "clustered" through a density transfer within a particular development rather than spread evenly throughout a parcel as in conventional lot-by-lot development. See § 278 of the Town Law.
CO-LOCATION
The shared use of a structure or non-tower structure as the site or location of a personal wireless service facility or repeater.
COMMERCIAL COMMUNICATIONS RECEIVING AND TRANSMITTING
Carriage of television broadcast signal as defined in 47 CFR Part 3, Subpart E and Part 76 or radio broadcast signal as defined in 47 CFR Part 73, Subparts A and B.
COMMERCIAL LOGGING
The harvesting of timber on a lot of five or more acres or upon contiguous lots whose aggregate size is five or more acres.
COMMERCIAL MICROWAVE TRANSMITTING AND RECEIVING
Any antenna or commercial entity operating at a frequency of one gigahertz (GHz) or greater. Also known as "fixed microwave services" as defined in 47 CFR Part 101.
COMMERCIAL VEHICLE
A vehicle of more than one-ton capacity used or designed for the purpose of transporting persons or goods primarily for financial gain, or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or carrying lettering of a commercial nature.
[Amended 7-3-2013 by L.L. No. 1-2013]
COMMON SEWER
For the purposes of this chapter, a sewage disposal system serving four or more dwelling units and approved by the Town of Woodstock and the Ulster County Health Department for either private or public operation.
COMMUNICATION EQUIPMENT SHELTER
A structure located at a base station designed principally to enclose equipment used in connection with personal wireless service transmissions.
COMMUNITY AREAS
Those areas intended for use or enjoyment by all residents of a development, including driveways, roadways, parking areas, walkways, landscaped areas, open spaces and recreation areas.
COMMUNITY RESIDENCE
A facility for mentally disabled persons as defined by the Mental Hygiene Law and as regulated by the provisions of the New York State Uniform Fire Prevention and Building Code.
COMPREHENSIVE PLAN
A document or series of documents setting forth policies for the future growth and development of the Town, adopted by the Town Board as set forth in New York State Town Law § 272-a, as the same may be amended, supplemented or replaced from time to time by action of the Town Board. Formerly known as a "Master Plan."
CONDOMINIUM
Individual ownership of a dwelling unit within a multiple dwelling exclusive of the land underlying such structure.
CONSERVATION EASEMENT
A legal agreement a property owner makes to restrict the type and amount of development that may take place on the property.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery, or vehicles, or parts thereof, which are in active use by a construction contractor.
CONVALESCENT HOME
See "nursing home."
CONVERSION
A change in use or occupancy of a building, generally by alteration or by other reorganization, so as to increase the number of families or dwelling units within a structure.
COTTAGE OR CABIN DEVELOPMENT
See "camp."
DAY CAMP
Non-overnight camp providing recreation, arts and crafts, and other activities for preschool and school-age participants, limited to summer and other school vacation periods.
DAY NURSERY
See "nursery school."
dbm
Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.
DEC
New York State Department of Environmental Conservation.
DECK
Any platform, floor, etc., usually made of planking and raised above ground level.
DEVELOPMENT
Any activity other than normal agricultural, conservation or forest management activity which materially affects the existing condition of land or improvements to the land.
DISTRICT or ZONING DISTRICT
An area, section or zone of the Town of Woodstock described on the Zoning Map established in § 260-9 as an appurtenant part of this chapter and within which uniform requirements regulate the use of land and the height, bulk, density and setback of structures.
DRAINAGE
The gravitational movement of water or other liquids by surface runoff or subsurface flow.
DRIVE-IN ESTABLISHMENT
Premises constructed to cater to the motoring public, whether or not additionally serving pedestrians as well as the automobile trade, and used for the sale to the public of any product and providing curb, window or other takeout service.
DRIVE-IN MOVIE
An open lot or part thereof with appurtenant facilities devoted primarily to the showing of motion pictures on a paid admission basis to patrons seated either in automobiles or on outdoor seats.
DRIVE-THROUGH FACILITY
A commercial facility which provides a service directly to an occupant of a motor vehicle or where a motor vehicle is driven onto the premises and the customer is serviced without exiting the vehicle. This shall not include the selling of fuel and other automotive products customarily provided at a gasoline filling station.
DRIVEWAY
An access road of sufficient width for one or more vehicles leading from a structure to the boundary of a lot or to another structure.
DWELLING
A building designed or used principally as the living quarters for one or more families.
DWELLING, MULTIFAMILY
A detached, semidetached or attached building, or portion thereof, containing three or more dwelling units.
DWELLING, ONE-FAMILY
A building containing one dwelling unit only.
DWELLING, ROW OR ATTACHED
A one-family or two-family dwelling with party walls separating it from adjacent units on both sides, with each having separate entrances from the outside.
DWELLING, SEMIDETACHED
See "building, semidetached."
DWELLING, TWO-FAMILY
A building containing two dwelling units only.
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, dormitory, motel, inn, nursing home, fraternity, sorority or other similar building shall not be deemed to constitute a dwelling unit.
ELECTROMAGNETICALLY ABLE
The determination that the new signal from and to the proposed new antennas will not significantly interfere with the existing signals from and to other facilities located on the same tower or structure as determined by a qualified telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.
EMERGENCY
A sudden unforeseen crisis, usually involving danger that requires immediate action.
[Added 7-3-2013 by L.L. No. 1-2013]
EMF
Electromagnetic frequency radiation.
ENFORCEMENT OFFICER
For purposes of this chapter, see "Zoning Enforcement Officer."
EROSION
The wearing away of the land surface by action of wind, water, gravity or other natural forces.
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel, sand, soil, or other natural deposits.
FAA
The Federal Aviation Administration.
FACILITY SITE
A property, or any part thereof, which is owned or leased by one or more personal wireless service providers and upon which one or more personal wireless service facilities and required landscaping are located.
FAMILY
Persons living together as a single, permanent and stable nonprofit housekeeping unit, using all rooms in the dwelling and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together, with sharing of food, rent, utilities or other household expenses. Households of related individuals shall be presumed to be a family. Twelve or more nonrelated persons living together shall not be considered families for purposes of this chapter unless affirmative evidence is presented to indicate to the satisfaction of the Zoning Enforcement Officer that the household or group meets the other criteria contained herein. Factors which must be considered by the Zoning Enforcement Officer are whether the group:
[Amended 11-18-2008 by L.L. No. 2-2008]
A. 
Shares the entire house.
B. 
Lives and cooks as a single housekeeping unit.
C. 
Shares expenses for food, rent, utilities, etc.
D. 
Is permanent and stable.
FAR
See "floor area ratio."
FARM
Any parcel of land containing at least 10 acres which is used for economic gain of $10,000 or more per annum in raising of agricultural products, livestock, poultry and dairy products. The term "farm" includes necessary farm structures within the prescribed limits of the farm parcel and the storage of equipment as part of the farm operation. The term "farm" specifically excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
FCC
The Federal Communications Commission, the government agency responsible for regulating telecommunications in the United States.
FEMA
The Federal Emergency Management Agency.
FENCE
A man-made barrier made of any material or combination of materials erected to prevent intrusion or escape, or to mark a boundary, or to screen structures or areas of land.
FENCE, ELECTRIC
An unroofed enclosing structure erected for the purpose of preventing passage and conducting an electric current either constant or pulsating.
FHBM
See "Flood Hazard Boundary Map."
FILLING
Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds, wetlands or watercourses.
FIRM
See "Flood Insurance Rate Map."
FLOOD HAZARD BOUNDARY MAP (FHBM)
The official map of the Town of Woodstock on which the Federal Emergency Management Agency (FEMA) has delineated the boundaries of the special flood hazard area. The FHBM is replaced by the FIRM (Flood Insurance Rate Map) when the latter becomes effective.
FLOODING, AREA OF SHALLOW
A designated AO or VO Zone shown on the Town's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
FLOOD INSURANCE RATE MAP (FIRM)
The official map of the Town of Woodstock on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones.
FLOOD INSURANCE STUDY
The official report of the Federal Emergency Management Agency for the Town of Woodstock showing flood profiles and water surface elevations of the base flood, and includes a Flood Boundary/Floodway Map (FBFM) depicting any regulatory floodway, as may be applicable.
FLOOD, ONE-HUNDRED-YEAR or BASE
The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year).
FLOODPLAIN AREA WITH SPECIAL FLOOD HAZARDS
Maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded in any given year). The floodplain area with special flood hazards includes the area shown on the FHBM as Zone A and on the FIRM as Zone A, AO, AH, A1 to A30, A99, V and V1 to V30.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness measures, flood control works, and land use and development control measures.
FLOODPLAIN or FLOOD-PRONE AREA
A land area adjoining a river, stream, watercourse, or lake which is likely to be flooded.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings.
FLOOD PROTECTION ELEVATION
The one-hundred-year flood elevation plus one additional foot of elevation.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude without cumulatively increasing the water surface elevation more than the designated height shown in the Town of Woodstock's Flood Insurance Study.
A. 
The sum of the gross horizontal area of the floor or floors of a building as measured from the interior faces of exterior walls or from the center line of walls separating two buildings. In particular, the floor area of a building or buildings shall include:
(1) 
Basement space.
(2) 
Elevator shafts and stairwells at each floor.
(3) 
Floor space for mechanical equipment with structural headroom of seven feet six inches or more.
(4) 
Penthouses.
(5) 
Attic space (whether or not a floor had actually been laid) providing structural head room of seven feet six inches or more.
(6) 
Interior balconies or mezzanines.
(7) 
Enclosed porches.
(8) 
Accessory uses, not including space for off-street parking.
B. 
However, the floor area of a building shall not include:
(1) 
Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for off-street parking spaces and off-street loading berths.
(2) 
Elevator and stair bulkheads, accessory water tanks and cooling towers.
(3) 
Floor space used for mechanical equipment, with structural headroom less than seven feet six inches.
(4) 
Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.
(5) 
Uncovered steps and exterior fire escapes.
(6) 
Terraces, breezeways, open porches and outside balconies and open spaces.
(7) 
Off-street parking spaces.
(8) 
Off-street loading berths.
FLOOR AREA, LIVABLE
The sum of the gross horizontal area of a dwelling unit measured from the interior face of the exterior walls or from the center of a party wall, excluding roof, cellar and garage. "Livable floor area" shall include spaces such as utility rooms, bathrooms, closets, hallways, and attic space having a clear height of at least six feet from the finished floor level to pitch of roof rafter, with a clear height of seven feet six inches from the finished floor level to the ceiling level over 50% of the area of such attic space.
FLOOR AREA RATIO (FAR)
The amount of floor area in relation to the amount of site or lot area. Floor area ratio shall apply to all nonresidential uses and shall be calculated by comparing the total amount of floor area for all nonresidential uses on a site to the total amount of site or lot area as expressed in square feet. For example, a floor area ratio of 0.5 (which may also be expressed as 0.5:1 or 0.5 to one inch) means 0.5 square foot of floor area for every one square foot of site area.
FRONTAGE, LOT
That side of a lot coincident with the street line. A corner lot shall be considered to have two such frontages.
GARAGE, PRIVATE
An enclosed space for the storage of one or more vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car leased to a nonresident of the premises.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, rental, or washing of automobiles or other motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline, oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof or the use of mechanical car washing equipment. The term "gasoline station" may also include a quick-stop retail food store as an integral part of the gasoline station.
GHz
Gigahertz: one billion hertz. See "hertz."
GRADE, FINISHED
Natural surface of the ground, or surface of the ground after completion of any change in contour.
GRADE OF SERVICE
A measure of the percentage of calls which are able to connect to the base station during the busiest hour of the day. Grade of service is expressed as a number, such as p.05, which means that 95% of callers will connect on their first try. A lower number (e.g., p.04) indicates a better grade of service.
GRADING
The alteration of the surface or subsurface conditions of land, lakes, ponds, wetlands or watercourses by excavation or filling.
GUEST COTTAGE
An accessory building on the same lot as a principal residential dwelling used for occupancy for either short-term guests of the owners or tenants of the principal dwelling or for occupancy by their domestic employees, provided that such building shall contain no kitchen facilities and shall meet all applicable setback and lot coverage requirements of this chapter and those requirements related to the provision of suitable water supply and sewage disposal facilities.
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping, eating or cooking. Restaurants for employees and occupants, kitchens serving them, and kitchenettes shall not be deemed to be habitable space.
HEALTH CLUB
See "club, health."
HEALTH SERVICES FACILITY
A nonretail establishment where one or more practitioners provide health services but where lodging and meals are not provided.
HEIGHT, BUILDING
The vertical distance measured from the average elevation of the finished grade along the side of the building having the lowest finished grade to:
[Amended 7-3-2013 by L.L. No. 1-2013]
A. 
The highest point of the coping of a flat roof; or
B. 
The highest point of the deck-line of a mansard roof; or
C. 
The highest point of a gable, hip or gambrel roof, but not including chimneys, spires, towers, tanks and similar projections which occupy an aggregate area of less than 80 square feet or 10% of the roof area, whichever shall be less.
HERTZ
One hertz (Hz) is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.
HOME OCCUPATION
Any personal service, professional service or business use customarily conducted entirely within a dwelling or customary accessory building which use is clearly incidental and secondary to use of the premises for residential purposes, does not alter the residential character thereof, and conforms fully to the use limitations stated within § 260-43 of this chapter. Home occupations shall not be deemed to include the following:
A. 
Funeral home or chapel.
B. 
Antique and/or collectible shop.
C. 
Gift shop.
D. 
Medical or dental clinic or hospital.
E. 
Renting of trailers.
F. 
Restaurant.
G. 
Kennel, veterinary clinic or hospital.
HOMEOWNERS' ASSOCIATION
An organization of residential property owners, duly constituted, residing within a particular development whose major purpose is to preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents.
HOSPITAL
A building containing beds for four or more human patients and used for the diagnosis, treatment or other care of human ailments.
HOTEL
A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances, and which may contain one or more dining rooms.
JUNKYARD
An area of land, with or without buildings, used for or occupied by a deposit, collection, or storage, outside a completely enclosed building, of used or discarded materials, home furnishings, machinery or parts thereof, with or without the dismantling, processing, salvage or other use or disposition of the same.
JUNKYARD, MOTOR VEHICLE
An area of land, with or without buildings, used for or occupied by a deposit, collection or storage outside a completely enclosed building of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, salvage, sale or other use or disposition of the same. A deposit, collection, or storage on a lot of three or more vehicles no longer in condition for legal use on the public highways, or parts thereof, for one month or more in a residential district or three months or more in any nonresidential district shall constitute a motor vehicle junkyard.
KENNEL
Any premises on which are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for the purpose of boarding, care or breeding and for which a fee is charged or paid.
KITCHEN
Space, 60 or more square feet in floor area, used for the cooking or preparation of food.
KITCHENETTE
Space, less than 60 square feet in floor area, used for the cooking or preparation of food.
LAND DISTURBING ACTIVITIES
Activities including but not limited to clearing, excavating, filling, grading, road building or construction.
LANDFILL
A lot or land area used primarily for the disposal or abandonment, burial, burning or other disposition, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
LIVESTOCK
Horses, cows, beef cattle, sheep, goats or other four-legged domestic-type farm animals.
LOT
A parcel of land having defined boundaries and considered as a unit, devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership, and including customary accessory structures, uses, open spaces and yards.
LOT AREA
The total area of a lot within the lot lines.
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street right-of-way lines is the corner.
LOT DEPTH
The minimum horizontal distance from the street line of a lot to the rear lot line of such lot, measured in the general direction of the side lines.
LOT FRONTAGE
That side of a lot located on the same side as a street, road or travel way. A corner lot shall be considered to have two such frontages. See also "yard, front."
[Added 7-3-2013 by L.L. No. 1-2013]
LOT LINE
The line dividing one premises from another, or from a street or other public space.
LOT OF RECORD
A legally existing lot at the time of adoption of this chapter duly filed and recorded in the Ulster County Clerk's office as either an individual parcel of land or part of an approved subdivision.
LOTS, CONTIGUOUS
Lots which share a common point or points on their boundaries or whose boundaries are separated by a street, right-of-way, stream or creek.
LOT WIDTH
The width of a lot measured along the rear line of the required front yard.
A. 
Any change in maximum power input or output and/or number of antennas and/or change in operating frequency approved under an existing special use permit or site plan.
B. 
Any change, or proposed change, in power input or output, number of antennas, change in antenna(s) type or model, repositioning of antenna(s), or change in number of channels per antenna above the maximum number approved under an existing special use permit.
C. 
Also, any increase, or proposed increase, in dimensions of an existing and permitted tower or other structure designed to support personal wireless service transmission, receiving and/or repeater and/or equipment.
MEDICAL OR DENTAL CLINIC
A facility in which one or more licensed practitioners of medicine or dentistry, assisted by a staff, treat patients for a length of time that does not include overnight care.
Mhz
Megahertz: one million hertz. See "hertz."
MINING
Any activity which removes rock, gravel, sand, soil, or other natural deposits.
MIXED OCCUPANCY
Occupancy of a building or premises in part for one use and in part for some other use not customarily accessory to the first use. More than one use shall be permitted where otherwise appropriate in the HC and NC Districts.
[Amended 10-11-2011 by L.L. No. 6-2011]
MOBILE HOME
A movable structure having no motive power of its own, suitable for year-round human occupancy and containing the same water supply, sanitary sewage disposal and major housekeeping facilities as immobile housing. If the vehicle, when built, was designed to have wheels attached to it, then it is a mobile home. Any addition to such mobile home shall, for the purposes of this chapter, be deemed to be part of such mobile home.
MODULAR OR MANUFACTURED HOME
A factory-built dwelling transported to the site and permanently attached to the same, having been approved pursuant to the New York State Uniform Fire Prevention and Building Code.
MONITORING
The measurement, by the use of instruments in the field, of the electromagnetic radiation from a site as a whole or from individual personal wireless service facilities, towers, antennas or repeaters.
MOTEL
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 one or more parking spaces and is offered for rental to, and used principally by, motor vehicle travelers. The term "motel" includes, but is not limited to, every type or similar establishment known variously as an auto court, motor hotel, motor court, motor inn, motor lodge, tourist court, tourist cabins, roadside motel, etc.
NATURAL GAS EXTRACTION SUPPORT ACTIVITIES
The construction, use, maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas storage facility, or a natural gas gathering line, venting station or compressor associated with the exploration or extraction of natural gas.
[Added 7-31-2012 by L.L. No. 1-2012]
NIGHTCLUB
A drinking establishment which includes an area in which patrons may dance and/or which provides live entertainment other than by a single instrumental musician or vocalist.
NONCOMPLYING BUILDING
An existing building which contains a use permitted in the district in which it is located but which does not conform to one or more of the applicable district regulations for lot area, width or depth; front, side or rear yards; maximum height; lot coverage; parking requirements; or minimum livable floor area per dwelling unit after the enactment or amendment of this chapter.
NONCONFORMING USE
An existing use which does not conform to the applicable use regulations for the district in which such use is located after the enactment or amendment of this chapter.
NON-TOWER STRUCTURE
An existing building or structure on which a repeater or a personal wireless service facility is erected or proposed to be erected.
NURSERY SCHOOL
Any premises, however designated, which operates on a regular basis to provide care or instruction for three or more children under six years of age. The term "nursery school" shall include a kindergarten, day nursery and day-care center.
NURSING HOME
Premises on which are provided lodging, meals, and continuing nursing care for compensation to convalescent, incapacitated or chronically ill persons. The term "nursing home" shall include convalescent home and rest home.
OCCUPANCY
Use of a building, structure or premises.
OFFICE, GENERAL OR PROFESSIONAL
An establishment where business activities are conducted which are not specifically mentioned in § 260-14, the Schedule of Use Regulations, and which do not qualify as a home occupation as defined herein. It shall not include any retail activity.
OPEN SPACE
An area that is intended to provide light and air and is designed for either environmental, scenic or recreational purposes. "Open space" may include, but is not limited to, wooded areas, watercourses, lawns, gardens, landscaped areas, walkways, playgrounds and recreational areas not involving roofed or enclosed structures. "Open space" shall not include driveways, parking lots or any other area created for vehicular travel, pavilions, porches or balconies.
OVERLAY DISTRICT
A district described by this chapter within which, due to special circumstances and the imposition of a special overlay designation, additional regulations and requirements apply to complement those of the underlying zoning district to which such designation is added.
OWNER
Owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, structure or premises.
PARKING LOT
Land which is open or semi-enclosed by structures and which is used to provide four or more off-street parking spaces.
PARKING SPACE, OFF-STREET
An area of land, not less than 180 square feet, excluding driveways or access drives thereto, which is out of the public right-of-way and is available and adequately improved for the parking of one motor vehicle.
PATIO
An inner courtyard area, or an outdoor area adjacent to a house, which is paved with material such as paving stones, bricks or concrete and is open to the sky.
PERFORMANCE STANDARDS
Regulations for the control of dangerous or objectionable elements as described in Article V of this chapter.
PERMITTED USE
A specific use for which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.
PERSON
Any individual, corporation, partnership, association, trustee or legal governmental entity.
PERSONAL WIRELESS SERVICE
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. These services include cellular services, personal communications services (PCS), specialized mobile radio services, and paging services.
PERSONAL WIRELESS SERVICE FACILITY
All equipment with which a personal wireless service provider broadcasts and receives the radio frequency waves which carry their services and all locations of said equipment or any part thereof. The facility may be sited on one or more towers or structures owned and permitted by another owner or entity. The term does not include "repeater."
PERSONAL WIRELESS SERVICE PROVIDER
An entity licensed by the FCC to provide personal wireless services.
PORCH
A roofed entrance to a structure, usually projecting from the outer wall and having a separate roof. It can be incorporated into the building or be an applied feature on the exterior.
PREMISES
A lot, plot, or parcel of land, together with all structures and uses thereon.
PRINCIPAL USE
A principal use of a lot is a use permitted by this zoning chapter. It is the intention of this chapter to allow one or more principal uses where otherwise appropriate in the HC and NC Districts. See "mixed occupancy."[2]
[Added 10-11-2011 by L.L. No. 6-2011]
PROFESSIONAL OFFICE
See "office, general or professional."
PROHIBITED USE
Any use which is not listed as a permitted use, special permit use, or permitted accessory use in the Schedule of Use Regulations in § 260-14 of this chapter.
PUBLIC UTILITY STATION OR STRUCTURE
Electric lines and poles, gas mains and lines, water and sewer mains and lines, telephone and telegraph lines and poles, and appurtenant structures used to convey utility services to members of the public. The term does not include high-voltage transmission lines and poles. The term does not include personal wireless services or personal wireless service facilities.
RADIATION PROPAGATION STUDIES or RADIAL PLOTS
Computer-generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above ground and above mean sea level, power input and output, frequency output, type of antenna(s), antenna(s) gain energy dispersion characteristics, and topography of both the site and its surroundings are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide adequate coverage for the personal wireless telecommunications service facility proposed for that site.
REPAIR
Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.
REPEATER
A micro- or macro-cell designed to extend personal wireless service to areas which are not able to receive adequate coverage directly from a base station, using the same channels as the base station.
REQUIRED
Required by this chapter.
RESIDENTIAL
Relating to a building, or any part of a building or group of residential buildings, which contains living and sleeping accommodations for permanent occupancy; residences, therefore, include all one-family, two-family, multifamily, boarding, fraternity and sorority houses. Residences shall not, however, include the following:
A. 
Transient accommodations, such as motels, hotels and hospitals; or
B. 
That part of a building containing both residences and other uses which is used for any nonresidential purpose, except for those accessory uses customarily incidental to residential occupancies.
ROADSIDE STAND
Any area of land used primarily for the display and sale of agricultural products and conforming to the limitations of § 260-41B of this chapter.
[Added 7-3-2013 by L.L. No. 1-2013]
SCHEDULE OF USE REGULATIONS
The controls which enumerate in § 260-14 the permitted principal, permitted accessory, prohibited and special uses within each of the districts established by this chapter.
SCHOOL
A facility with the three following features:
[Added 6-17-2014 by L.L. No. 1-2014]
A. 
A curriculum;
B. 
Adequate physical facilities to conduct its educational function; and
C. 
A staff qualified to implement its educational objectives.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited, or has been removed from its site of origin by erosion.
SEQRA
The New York State Environmental Quality Review Act as implemented in 1978 and subsequently revised.
SETBACK
The minimum horizontal distance from the property line to any structure, roadway, parking area, accessory building or such other improvement on a lot, except necessary driveways.
SIGN
Any material, structure or device, or part thereof, composed of lettered or pictorial matter which is located in or out of doors, or on the exterior of any building, including window signs over two square feet in an area located within three feet of the window surface and intended to be viewed from the exterior of the building, displaying an advertisement, announcement, notice or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall include any declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business or cause when the same is placed in view of the general public. However, a sign shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of the United States or its political units, or of any school or religious group.
SIGN, ACCESSORY
A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, ADVERTISING
A sign or structure which directs attention to an idea, product, business activity, service, or entertainment which is primarily conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. "Advertising sign" includes, but is not limited to, billboards.
SIGN, BORDERLESS
Lettering or pictorial matter placed directly on a building, window or awning and having no visible edge or border.
SIGN, DIRECTIONAL
An off-premises sign directing the way to a place of business, public service or residence.
SIGN, FREESTANDING
A sign that is not affixed to a building and is so constructed to be an independent unit. Included are pole signs, pylon signs and masonry wall types.
SIGN, ILLUMINATED
A sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign, and including reflective and phosphorescent light.
A. 
— Incorporating artificial lighting as an inherent part or feature of the sign.
B. 
— Incorporating artificial lighting which is either separated from or not an inherent part or feature of the sign itself.
SIGN, MOVABLE
Any sign designed and constructed so that it can be moved from one location to another.
SIGN, MULTIPLE
A sign placed upon a common support and which has more than one face or surface.
SIGN, NONACCESSORY
See "sign, advertising."
SIGN, OBSOLETE
A sign that advertises a nonexistent product, place, organization or event.
SIGN, PROJECTING
A sign which is attached to a building wall or structure and projects horizontally more than 12 inches from the plane of such wall or structure, being perpendicular thereto.
SIGN, REPRESENTATIONAL
Any three-dimensional sign which is designed and built so as to physically represent the object advertised.
SIGN, SURFACE AREA OF
The entire area within a single, continuous perimeter enclosing the extreme limits of such sign and, in no case, passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. All faces of the sign shall be counted in computing the area. Any neon tube, string of light, or similar device shall be deemed to have a minimum dimension of one foot.
SIGN, WALL
A sign attached directly to the wall of a building, parallel to said wall and having a visible edge or border extending not more than 12 inches from the face of such wall.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether by sole, joint, common or other ownership, or by a lease having a term of not less than 30 years, regardless of any division of land into parcels for the purpose of financing.
SITE PLAN
That map or drawing and all related information submitted to the Planning Board for review in accordance with the requirements and procedure specified in Article VII of this chapter.
SOIL
All unconsolidated mineral or nonliving organic material which overlies bedrock.
SPECIAL EVENT
See "circus and/or carnival."
SPECIAL USE
A use which is deemed desirable for the public welfare within a given zoning district or districts but which is potentially incompatible with other uses provided therein. The special use shall, therefore, be subject to approval by the Planning Board in accordance with conditions set forth for such use as well as other applicable provisions of this chapter.
STORY
That part of any building, exclusive of cellars but inclusive of basements, comprised between the levels of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
STORY, HALF
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.
STREET
A public or private right-of-way which provides vehicular access to abutting properties.
STREET LINE
The dividing line between a lot and a street right-of-way.
STREET WIDTH
The width of the right-of-way or the distance between property lines on opposite sides of a street.
STRUCTURE
A static construction, or assembly, of materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having such a fixed location. Structures shall include, among others, buildings, stadiums, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, gasoline pumps, billboards, satellite dishes, signs and mobile dwellings. Structures shall not include driveways, walkways, curbing, open parking areas, and grade-level roofless patios without railings.
STRUCTURE COVERAGE
The amount of land covered or permitted to be covered by a structure or structures, measured in terms of a percentage of total lot area. Such coverage shall be measured on a horizontal plane at mean grade level.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites, or other division of land. Such division shall include resubdivision of parcels of land for which an approved plat has already been filed in the office of the Ulster County Clerk and which is entirely or partially undeveloped.
A. 
For the purposes of § 260-96 of this chapter, substantial improvement shall mean any repair, reconstruction or improvement of a structure, the cost of which exceeds 50% of the full assessed valuation of the structure either.
(1) 
Before the improvement or repair is started; or
(2) 
If the structure has been damaged and is being restored, before the damage occurred.
B. 
Substantial improvement is considered to occur when the first alteration to any wall, ceiling, floor or other nonstructural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either:
(1) 
Any project for improvement of a structure to comply with existing state, county or local health, sanitary or safety code specifications which are solely necessary to assure safe and healthful living conditions; or
(2) 
Any alterations of a structure listed on the National Register of Historic Places.
SWIMMING POOL
Any outdoor pool, tank, depression or excavation for the specific purpose of swimming that causes the retaining of water to a depth greater than 18 inches and having a water surface area in excess of 100 square feet.
TOWER
A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and use for antenna(s).
TRAILER, CAMPING
A structure mounted on wheels and designed for limited travel, recreation and vacation use only.
TRAILER CAMP; TRAILER PARK
A parcel of land which is used or intended to be used for two or more mobile homes.
TRAILER, HOUSE
See "mobile home."
TRAILER, TRAVEL
A vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation and vacation, having a body width not exceeding eight feet.
TRANSIENT
A person passing through or visiting for a brief stay, generally less than a week.
TWEQR
Town of Woodstock Environmental Quality Review Law, Local Law No. 1 of the year 1990, or its successor.[3]
USE
The specific purpose for which land or a building is designed, arranged, or intended or for which it is or may be occupied or maintained.
USE, PRINCIPAL
The primary use of land or structures as distinguished from a secondary or accessory use.[4]
[Added 10-11-2011 by L.L. No. 6-2011]
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
WEC
The Environmental Commission of the Town of Woodstock established by Local Law No. 2 of the year 1978.[5]
YARD
An open, unoccupied space on the lot, plot or parcel of land on which a building stands which extends the entire length of the front or rear or side lot line.
YARD, FRONT
A yard extending across the principal street side (that is, front lot line) of a lot measured between the side lot lines, the depth of which yard is the minimum horizontal distance between the street line and the main building.
YARD, REAR
A yard extending across the full width of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building.
YARD, REQUIRED
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 area and 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 open space required for buildings on another lot. In the case of lots bordering on streets, roads or highways with less than a fifty-foot right-of-way, the center line of the existing right-of-way instead of the lot line shall be used to determine the required front yard in the manner specified in § 260-26 of this chapter.
YARD, SIDE
A yard between any lot line other than the street line or rear lot line and a line drawn parallel thereto and between the front and rear yards.
YURT
A round structure held together at the eaves by a tension band and with a cone-shaped roof with a central compression ring skylight at the center top of the cone. The wall systems are commonly lattice frame with a fabric covering. Roof frames are generally rafters with a fabric covering.
ZONING DISTRICT
See "district."
ZONING ENFORCEMENT OFFICER
Any officer charged with the enforcement of building or fire codes or zoning laws.[6]
ZONING MAP
The map delineating the boundaries of the zoning districts which, along with the zoning text, comprises this chapter.
[1]:
Editor's Note: The definition of "Building Inspector" which immediately followed this definition was deleted 11-18-2008 by L.L. No. 2-2008. See now the definition of "Zoning Enforcement Officer." Throughout this chapter, references to the "Building Inspector" were amended to read "Zoning Enforcement Officer" 11-18-2008 by L.L. No. 2-2008.
[2]:
Editor's Note: See also "use, principal."
[3]:
Editor's Note: See Ch. 65, Environmental Quality Review.
[4]:
Editor's Note: See also "principal use."
[5]:
Editor's Note: See Ch. 43, Art. I of this Code.
[6]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).