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.
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]
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.
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.
The Federal Telecommunications Act of 1996.
Extension or increase in area or height of a building.
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).
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.
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.
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]
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.
A device which is attached to a tower, or other structure,
for transmitting and receiving electromagnetic waves.
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.
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.
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.
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.
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]
That space within a building between the top of the uppermost
floor construction and the underside of the roof.
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.
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.
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.
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.
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.
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.
The incorporation of both labor and materials within the
footings or foundation of a building or group of buildings.
See "sign, advertising."
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.
A strip of land established to protect one type of land use
from another with which it is, or may be, incompatible.
The space remaining on a lot after the minimum open space
requirements (yards, setbacks, etc.) have been met.
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."
See "accessory structure."
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]
The line, established by law, ordinance, or regulation, beyond
which no part of a building, other than parts expressly permitted,
may extend.
A building in which is conducted the main or principal use
of the lot on which said building is located.
A building attached by a party wall to another building normally
of the same type on another lot but having one side yard.
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.
Premises regularly used for washing, cleaning or polishing
of motor vehicles for compensation.
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.
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.
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.
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.
The segment of the radiation spectrum from an antenna which
carries one signal. An antenna may radiate on many channels simultaneously.
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).
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.
Soil and rock uncontaminated by any other material.
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.
The cutting or removal of all wooden-stemmed fibrous material.
See "health services facility."
A facility offering exercise areas and equipment, racquet
courts, swimming and other physical fitness related activities to
members paying a fee.
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.
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.
The shared use of a structure or non-tower structure as the
site or location of a personal wireless service facility or repeater.
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.
The harvesting of timber on a lot of five or more acres or
upon contiguous lots whose aggregate size is five or more acres.
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.
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]
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.
A structure located at a base station designed principally
to enclose equipment used in connection with personal wireless service
transmissions.
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.
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.
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."
Individual ownership of a dwelling unit within a multiple
dwelling exclusive of the land underlying such structure.
A legal agreement a property owner makes to restrict the
type and amount of development that may take place on the property.
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.
See "nursing home."
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.
See "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.
See "nursery school."
Unit of measure of the power level of an electromagnetic
signal expressed in decibels referenced to one milliwatt.
New York State Department of Environmental Conservation.
Any platform, floor, etc., usually made of planking and raised
above ground level.
Any activity other than normal agricultural, conservation
or forest management activity which materially affects the existing
condition of land or improvements to the land.
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.
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
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.
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.
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.
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.
A building designed or used principally as the living quarters
for one or more families.
A detached, semidetached or attached building, or portion
thereof, containing three or more dwelling units.
A building containing one dwelling unit only.
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.
See "building, semidetached."
A building containing two dwelling units only.
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.
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.
A sudden unforeseen crisis, usually involving danger that
requires immediate action.
[Added 7-3-2013 by L.L. No. 1-2013]
Electromagnetic frequency radiation.
For purposes of this chapter, see "Zoning Enforcement Officer."
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil, or other natural deposits.
The Federal Aviation Administration.
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.
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]
See "floor area ratio."
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.
The Federal Communications Commission, the government agency
responsible for regulating telecommunications in the United States.
The Federal Emergency Management Agency.
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.
An unroofed enclosing structure erected for the purpose of
preventing passage and conducting an electric current either constant
or pulsating.
See "Flood Hazard Boundary Map."
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds, wetlands or watercourses.
See "Flood Insurance Rate Map."
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.
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.
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.
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.
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).
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.
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.
A land area adjoining a river, stream, watercourse, or lake
which is likely to be flooded.
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.
The one-hundred-year flood elevation plus one additional
foot of elevation.
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.
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:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment with structural
headroom of seven feet six inches or more.
Penthouses.
Attic space (whether or not a floor had actually
been laid) providing structural head room of seven feet six inches
or more.
Interior balconies or mezzanines.
Enclosed porches.
Accessory uses, not including space for off-street
parking.
However, the floor area of a building shall
not include:
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.
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
Floor space used for mechanical equipment, with
structural headroom less than seven feet six inches.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches.
Uncovered steps and exterior fire escapes.
Terraces, breezeways, open porches and outside
balconies and open spaces.
Off-street parking spaces.
Off-street loading berths.
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.
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.
That side of a lot coincident with the street line. A corner
lot shall be considered to have two such frontages.
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.
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.
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.
Gigahertz: one billion hertz. See "hertz."
Natural surface of the ground, or surface of the ground after
completion of any change in contour.
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.
The alteration of the surface or subsurface conditions of
land, lakes, ponds, wetlands or watercourses by excavation or filling.
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.
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.
See "club, health."
A nonretail establishment where one or more practitioners
provide health services but where lodging and meals are not provided.
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]
The highest point of the coping of a flat roof; or
The highest point of the deck-line of a mansard roof; or
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.
One hertz (Hz) is the frequency of an electric or magnetic
field which reverses polarity once each second, or one cycle per second.
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:
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.
A building containing beds for four or more human patients
and used for the diagnosis, treatment or other care of human ailments.
A designated adult who lives within a ten-mile distance from
the STR property and is required to be available to promptly deal
with emergencies and other STR renter issues and compliance with STR
operating requirements in the owner' s absence.
[Added 5-21-2019 by L.L. No. 1-2019]
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.
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.
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.
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.
Space, 60 or more square feet in floor area, used for the
cooking or preparation of food.
Space, less than 60 square feet in floor area, used for the
cooking or preparation of food.
Activities including but not limited to clearing, excavating,
filling, grading, road building or construction.
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.
Horses, cows, beef cattle, sheep, goats or other four-legged
domestic-type farm animals.
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.
The total area of a lot within the lot lines.
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.
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.
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]
The line dividing one premises from another, or from a street
or other public space.
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 which share a common point or points on their boundaries
or whose boundaries are separated by a street, right-of-way, stream
or creek.
The width of a lot measured along the rear line of the required
front yard.
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.
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.
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.
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.
Megahertz: one million hertz. See "hertz."
Any activity which removes rock, gravel, sand, soil, or other
natural deposits.
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]
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.
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.
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.
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.
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]
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.
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.
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.
An existing building or structure on which a repeater or
a personal wireless service facility is erected or proposed to be
erected.
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.
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.
Use of a building, structure or premises.
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.
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.
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 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.
Land which is open or semi-enclosed by structures and which
is used to provide four or more off-street parking spaces.
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.
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.
Regulations for the control of dangerous or objectionable elements as described in Article V of this chapter.
A specific use for which land, lots, buildings or structures
may be used, occupied or maintained under this chapter as a matter
of right.
Any individual, corporation, partnership, association, trustee
or legal governmental entity.
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.
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."
An entity licensed by the FCC to provide personal wireless
services.
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.
A lot, plot, or parcel of land, together with all structures
and uses thereon.
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]
See "office, general or professional."
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.
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.
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.
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.
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 by this chapter.
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:
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]
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.
A facility with the three following features:
[Added 6-17-2014 by L.L. No. 1-2014]
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.
The New York State Environmental Quality Review Act as implemented
in 1978 and subsequently revised.
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.
An accessory use or supplementary business allowing a short-term rental (less than 30 days) of at least one room in a private home or habitable accessory structure. Property owners seeking to operate a short-term rental must apply for and receive from the Town of Woodstock a short-term rental registration, and post the Woodstock registration number on all online listings. Registrations are good for one calendar year, and the total number of properties owned by or in which an interest is held by an individual person(s) or entity offering STRs is limited to one. (See § 260-56E above).
[Added 5-21-2019 by L.L. No. 1-2019]
A supplementary business in a private home or habitable accessory
structure in which at least one and not more than two bedrooms are
offered for rent within the private residence, and in which no public
restaurant is maintained and no other commercial services are offered.
Each STR occupied unit shall have no more than two guests per bedroom
as lodgers. Children 12 years old and under are not counted as guests.
The STR home shall not have more than four occupants as lodgers. The
owner of an STR home must live on the property.
[Added 5-21-2019 by L.L. No. 1-2019]
A supplementary business in a private home or habitable accessory
structure in which three and not more than five bedrooms are offered
within the private residence, and in which no public restaurant is
maintained and no other commercial services are offered. Each STR
occupied unit shall have no more than two guests per bedroom as lodgers.
Children 12 years old and under are not counted as guests. The STR
establishment shall not have more than 10 occupants as lodgers. The
owner of an STR establishment must live on the property.
[Added 5-21-2019 by L.L. No. 1-2019]
A supplementary business in a private home or habitable accessory structure in which the entire private residence is rented for less than 30 days and no host/owner is present, and in which no public restaurant is maintained and no other commercial services are offered. Each STR occupied unit shall have no more than two guests per bedroom as lodgers. Children 12 years old and under are not counted as guests. STR non-owner -occupied establishments must have a designated local host as defined herein; and must comply with the other STR standards in or referred to in § 260-56. STR non-owner-occupied shall be rented for no more than 180 days per calendar year with no more than 26 weekends or parts of weekends included in that total. Weekends include any time between Friday evening and Monday morning.
[Added 5-21-2019 by L.L. No. 1-2019]
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.
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.
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.
Lettering or pictorial matter placed directly on a building,
window or awning and having no visible edge or border.
An off-premises sign directing the way to a place of business,
public service or residence.
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.
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.
DIRECTLY ILLUMINATEDIncorporating artificial lighting as an inherent part or feature of the sign.
INDIRECTLY ILLUMINATEDIncorporating artificial lighting which is either separated from or not an inherent part or feature of the sign itself.
Any sign designed and constructed so that it can be moved
from one location to another.
A sign placed upon a common support and which has more than
one face or surface.
See "sign, advertising."
A sign that advertises a nonexistent product, place, organization
or event.
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.
Any three-dimensional sign which is designed and built so
as to physically represent the object advertised.
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.
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.
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.
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.
All unconsolidated mineral or nonliving organic material
which overlies bedrock.
See "circus and/or carnival."
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.
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.
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.
A public or private right-of-way which provides vehicular
access to abutting properties.
The dividing line between a lot and a street right-of-way.
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
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.
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.
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.
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.
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:
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
Any alterations of a structure listed on the
National Register of Historic Places.
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.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and use for antenna(s).
A structure mounted on wheels and designed for limited travel,
recreation and vacation use only.
A parcel of land which is used or intended to be used for
two or more mobile homes.
See "mobile home."
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.
A person passing through or visiting for a brief stay, generally
less than a week.
Town of Woodstock Environmental Quality Review Law, Local
Law No. 1 of the year 1990, or its successor.[3]
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.
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]
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.
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.
The Environmental Commission of the Town of Woodstock established
by Local Law No. 2 of the year 1978.[5]
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.
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.
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.
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.
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.
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.
See "district."
Any officer charged with the enforcement of building or fire
codes or zoning laws.[6]
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."
[4]
Editor's Note: See also "principal use."
