Town of Union Vale, NY Terminology

A facility designed for housing those persons (ACF residents) who are unable to live and work independently at a particular time and for the providing for his or her specific needs. For purposes of this chapter, alternate care facility, or ACF, includes the following specific types of supervised facilities, but shall not be construed to include a community residence as defined in this chapter:

A dwelling providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision.

A halfway house providing twenty-four-hour on-site responsible supervisory staff for short-term residents.

A supervised living facility or group home, providing twenty-four-hour on-site supervisory staff for long-term residents.

A supportive living facility providing responsible supervision of residents.

(e)

Family-care housing, i.e., a dwelling providing room, board and supervision for patients who are maintained in an inpatient status by a State-operated psychiatric facility.

(f)

Housing for the disabled, i.e., for those persons who are unable to function in society without assistance and/or supervision because of their physical, mental or emotional deficiencies.

(g)

A rehabilitation services facility, i.e., a professionally planned and operated treatment facility designed to improve the functioning of physically, mentally or emotionally disabled persons in their skills of daily living, including alcohol abusers, drug-dependent persons, the mentally ill and the developmentally disabled.

(h)

A residential school for those persons having physical, mental, emotional or drug-dependent problems.

AREA AND BULK REGULATIONS

Also known as "alternate care housing."

ANIMAL HOSPITAL

An establishment with facilities for the medical diagnosis and treatment of sick or injured animals including facilities for temporary occupation of such animals to the extent as essential to such diagnosis and treatment.

ANIMAL HUSBANDRY

The keeping, grazing, feeding and care of animals other than household pets. The term "animal husbandry" shall not however be construed to include the activities of fur farms, pig farms, or cage-type poultry houses.

APARTMENT

A dwelling unit contained within a two-family or multifamily dwelling.

AQUIFER

A geologic unit of stratified drift capable of yielding usable amounts of water, comprised for purposes of this chapter of both the aquifer and its secondary protection area as delineated by the Dutchess County Water and Waste Water Agency.

The combination of controls that establish the minimum area of a lot, the minimum extent of yards and open space areas and the maximum dimension of buildings and other improvements and their location on such lot. May also be referred to as "bulk regulations."

AUTOMOBILE BODY SHOP

Any area of land, including structures thereon, that is used for the painting of motor vehicles; the rebuilding or reconditioning of motor vehicles; including collision services involving frame and fender straightening and repair; or the dismantling or disassembly or frames or exterior parts.

AUTOMOBILE SERVICE FACILITY

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and other lubricating substances including the sale of motor vehicle accessories and which may or may not include facilities for lubricating and other minor servicing of motor vehicles. For purposes of this chapter, any facility used for the painting of motor vehicles, reconditioning or collision services involving frame and fender straightening or repair, or any dismantling or disassembly of frame or exterior parts is not an automobile service facility.

AVERAGE DENSITY SUBDIVISION

A subdivision carried out in accordance with Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, including as set forth within Article IV, § 210-20, of this chapter to include a certain number of lots of less than the minimum lot area required in the applicable zoning district under the District Schedule of Area and Bulk Regulations yet deemed to be conforming lots in that the mean or average density of all lots within the subdivision meets or exceeds the minimum lot area required in the zoning district, and authorized by special use permit pursuant to Article VI, § 210-54B of this chapter.

BAR OR TAVERN

An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises, not to include a nightclub.

BASEMENT

Space within a building partly below grade, which has more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.

BED-AND-BREAKFAST ESTABLISHMENT

A private owner-occupied dwelling in which at least one but not more than five rooms are offered for rent for transient occupancy, in which overnight lodging and breakfast are offered to such guests and in which no public restaurant is maintained.

BEGINNING OF CONSTRUCTION

Incorporation of both labor and materials within the footings or foundation of a building or group of buildings subsequent to the issuance of a building permit in full conformance with this chapter.

BILLBOARD

See "sign, advertising."

BOARDING, ROOMING OR LODGING HOUSE

A private dwelling in which at least three 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.

BOARDING STABLE

A structure designed for the feeding, housing and exercising of horses that are not owned by the owner of the premises or a resident tenant thereof and/or maintained for remuneration, hire or sale, not to include the boarding of three or fewer horses on a farm parcel of not less than 10 acres within the RA3, RA5 or RD10 District.

[Amended 3-11-2010 by L.L. No. 12-2010]

BOARD OF APPEALS

See "Zoning Board of Appeals."

BONA FIDE WORK OF ART

An original object of an established art form possessing positive aesthetic qualities and created by the artist upon application of his or her skills and with the intent of both expressing human emotion or exhibiting an individual point of view and producing a work of art; the term "bona fide work of art" not to be construed to include any object produced for prior, present or future utilitarian purpose.

[Added 3-11-2010 by L.L. No. 12-2010]

BUFFER

A strip of land established and suitably maintained with fencing, earthen berms and natural vegetation to visually separate one use from another or to shield or block light, noise or other nuisances. The term "buffer" or "screen" also applies, when used throughout this chapter, to the act of establishing and maintaining a buffer as defined herein.

BUILDABLE AREA

The land area remaining on the lot once the minimum yard and open space requirements 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 AREA

See "floor area, gross."

BUILDING COVERAGE

Percentage of the land area of a lot covered by the composite building area on or extended to the ground plane of all principal and accessory structures located thereon. Such coverage excludes uncovered porches, terraces and steps, except where utilized for display, seating or other commercial purposes.

BUILDING, DETACHED

A building unattached to any other building surrounded by open space on the same lot.

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 or other improvements in common.

BUILDING INSPECTOR

See "Building Official."

[Added 3-11-2010 by L.L. No. 12-2010]

BUILDING LINE

The line, established by this chapter or other more restrictive law, ordinance or regulation, beyond which no part of a building, other than exceptions expressly stated in Article IV, § 210-16, of this chapter, may extend.

BUILDING LINE, FRONT

A line generally parallel to the street, road or highway beyond which the front of a building may not project into the required front yard as specified for the district in which the lot is situated.

BUILDING MATERIAL SUPPLY AND SALES

An establishment operated for storage, display and sale of building products. May also be cited as "lumberyard."

BUILDING OFFICIAL

The Town employee appointed by the Town Board and charged with the responsibility of administering and enforcing the New York State Uniform Fire Prevention and Building Code, which employee shall be qualified by education, training and experience and certified as a building official by the New York State Department of State, Division of Code Enforcement and Administration. The Building Official may also serve as the Code Enforcement Officer and may also be referred to as the "Building Inspector."

[Added 3-11-2010 by L.L. No. 12-2010]

BUILDING PERMIT

Official authorization issued by the Deputy Code Enforcement Official to begin construction in accordance with approved plans and in strict compliance with all applicable requirements of this chapter, the New York State Uniform Fire Prevention and Building Code, and related laws, rules and regulations.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is located. In any residence district, any dwelling shall be deemed to be the principal building on the lot on which it 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.

BUILDING, TEMPORARY

A building intended for short-term occupancy in connection with the construction of a permitted structure or development of land for purposes of accommodating a permitted use, such occupancy not to include use as a dwelling unit. Such temporary building shall be removed from the premises prior to the issuance of a certificate of occupancy for the permitted structure and/or use.

BULK REGULATIONS

See "area and bulk regulations."

BUSINESS OFFICE

A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations. See "professional office."

BUSINESS SERVICE

An establishment primarily engaged in rendering services on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, office equipment rental and leasing, commercial research, development and testing, photo finishing and personnel services. May also be referred to as "service business."

CALENDAR YEAR

A period of time measured by the passage of any 12 consecutive months.

CAMP

A parcel of land, often referred to as the "campground," on which are located two or more cabins, tents, shelters, or other accommodations of a design or character suitable for seasonal or other more temporary living purposes, including summer colony, but not including a trailer or recreational vehicle park, boardinghouse, hotel, motel or other lodging establishment.

CARETAKER'S COTTAGE

An accessory dwelling located on an estate or other large acreage premises maintained for the purpose of housing a resident caretaker.

CARPORT

A roofed structure, with or without enclosing walls and without a door, used for the storage of one or more automobiles.

CAR WASH

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

CATERING FACILITY

A facility providing a gathering place for the conduct of scheduled events such as parties, weddings, banquets, business meetings and similar events and food and beverages for invited guests, not to include a bar, tavern or restaurant open to the public though sometimes operated in tandem therewith. May also be referred to as "banquet hall."

CELLAR

That space of a building partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

CEMETERY

Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including mausoleums and mortuaries when operated within the boundary of such lands and in accordance with requirements found within § 210-56 of this chapter.

CENTER LINE, STREET OR HIGHWAY

An imaginary line on the precise center of the legal right-of-way, whether by fee or user roadway status, of a street, highway, roadway, driveway or similar feature.

CENTRAL WATER

For purposes of this chapter, a water supply system serving five or more dwelling units and approved by the Town of Union Vale, the Dutchess County Health Department and the New York State Health Department for either private or public operation. The water supply system shall be both designed and installed in strict accordance with no less than the minimum technical engineering criteria and owned and operated under legal arrangements acceptable to both said Departments and the Town of Union Vale. The water supply system shall further be the subject, where deemed appropriate by the Town, of an irrevocable offer of dedication to the Town, or a special district created and administered by the Town, for a nominal sum. Also referred to as "central water supply."

CERTIFICATE OF APPROPRIATENESS

Determination made by the Planning Board that either the intended improvements, alterations or modifications of a designated historic or architectural resource are compatible with, and will not adversely affect, the property and its environs or the intended demolition and removal of such a designated historic or architectural resource, including structures within the Hamlet (H) District, is unavoidable due to the lack of a reasonable alternative to such demolition.

CERTIFICATE OF OCCUPANCY

Official certification issued by the Code Enforcement Officer, after consultation as may be pertinent with the Deputy Code Enforcement Official, that a premise 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 and occupied. Also referred to as "C.O."

CERTIFICATE OF VISUAL COMPATIBILITY

Determination by the Planning Board that the intended improvements involving either buildings, other structures or land within a designated scenic corridor are compatible with, and will not adversely affect, scenic character.

CHILD DAY CARE

Care for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, stepparent, guardian, or relative of the parents or stepparents of such child. Child day care shall not refer to care provided in any of the following:

A day camp, as defined in the New York State Sanitary Code.

An after-school program operated for the purpose of religious education, sports or recreation.

A facility either providing day services under an operating certificate issued by the NYS Department of Social Services or day treatment under an operating certificate issued by the NYS Office of Mental Health or Office of Mental Retardation and Developmental Disabilities.

CLINIC, MEDICAL, DENTAL OR HEALTH

A kindergarten, prekindergarten or nursery school for children three years or older, or after-school program operated by a public school district or by a private school or academy which is providing elementary or secondary education, or both, provided such use occurs on the campus where elementary or secondary education is provided.

CHILD DAY CARE CENTER

Any program or facility caring for children more than three hours per day per child in which child day care is provided except those programs operating at a small scale within a residential environment as a family day care home, a group family day care home or a school-age child care program.

CHURCH

See "place of religious worship."

CLEAR-CUTTING

The removal of more than 50% of the trees over six inches in diameter measured at 4 1/2 feet above ground in a period of 10 years or less. The percentage shall be calculated relative to the cleared area and not relative to the entire lot, parcel or combination of parcels.

[Added 3-11-2010 by L.L. No. 12-2010]

A facility designed for the practice of dentistry or medicine at which nonresident patients are treated.

CLUB, PRIVATE

See "membership club."

CLUSTER DEVELOPMENT

A residential development carried out in accordance with Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale and authorized under § 278 of the Town Law and Article V, § 210-32, of this chapter with dwellings grouped or clustered through a density transfer within the particular development, rather than spread evenly throughout the parcel as in conventional lot-by-lot development, thus maintaining substantial common open space. May also be cited as "residential cluster development" or "residential cluster subdivision."

CODE ENFORCEMENT OFFICER

The person, who may also serve as the Building Official, qualified on the basis of education, training and experience, appointed by the Town Board and charged with the responsibility of administering and enforcing this chapter, Chapter 192, Subdivision of Land, and related regulations pertaining to the use and development of land and the use of structures within the Town of Union Vale. The Code Enforcement Officer may also be referred to as the "Zoning Enforcement Officer" or the "Zoning Administrator."

[Amended 3-11-2010 by L.L. No. 12-2010]

COFFEE SHOP

A retail establishment selling breads, pies, cakes, cookies and other bake goods and which establishment may provide a maximum of 12 seats at tables or a counter for the on-premises consumption of bake goods and related coffee, tea, milk or fruit juices. May also be referred to as "tea room."

COMMERCIAL AMUSEMENT, ENTERTAINMENT AND/OR RECREATION FACILITY

An establishment engaged in providing entertainment or recreation for a fee or admission charge, including dance halls, bowling alleys, billiard and pool halls, amusement and video arcades, miniature golf courses, batting cages, membership sports and recreation clubs, game parlors, and health clubs. For purposes of this chapter, the term "commercial amusement, entertainment and/or recreation facility" shall specifically exclude the following:

Any arena, ring or race tracks, whether full-size or miniature and whether located indoors or outdoors.

COMMERCIAL HORSE BOARDING OPERATION

Any use classified as an adult entertainment establishment under Chapter 84, Adult Uses, of the Code of the Town of Union Vale.

COMMERCIAL DISTRICTS

For purposes of this chapter, the following zoning districts, as established in Article II, § 210-5, herein shall be considered commercial districts: Neighborhood Commercial (NC) District, Town Center (TC) District and Airport (A) District.

COMMERCIAL EXTRACTION

Removal from a premises of natural materials, e.g., minerals, sand, gravel, clay, stone or rock, shale, loam, humus, fill, topsoil or similar material, which activity may be classified as "soil mining" in accordance with the definition set forth within this article.

[Amended 3-11-2010 by L.L. No. 12-2010]

An agricultural enterprise, consisting of at least seven acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross sales annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production.

[Added 3-11-2010 by L.L. No. 12-2010]

COMMERCIAL LOGGING

The harvesting of saw-timber, generally trees 12 inches and larger in diameter at breast height, whether intended for milling as lumber, consumption as firewood or for any other purpose, within an area of five or more acres, on a single parcel or within contiguous parcels, with the intent of removing the saw-timber from the property. For purposes of this chapter, the term "commercial logging" shall not include the harvesting of Christmas trees, the clearing of land by franchise utilities for rights-of-way, reasonable site clearing preparatory to construction of a building for which a building permit has been issued, the clearing and maintenance of land for agricultural purposes, and the harvesting of trees and firewood for the personal use of the property owner not to exceed 20 cords per year; may also be known as "timber harvesting."

[Amended 3-11-2010 by L.L. No. 12-2010]

COMMERCIAL NURSERY

An establishment separate from a farm where herbaceous plants and related lawn care, landscaping and gardening products are sold to retail customers.

COMMERCIAL VEHICLE

Any vehicle in excess of 20 feet in length carrying a valid New York State registration license plate, which is used for the transportation of persons, animals or goods, primarily for profit, or carries a permanently affixed business identification sign exceeding one square foot in area; or any vehicle used for earthmoving or construction purposes.

COMMON DRIVEWAY

A vehicular way providing access from a public roadway to two or more lots, parcels or uses.

COMMON SEWER

For the purposes of this chapter, a sewage disposal system serving five or more dwelling units and approved by the Town of Union Vale, the Dutchess County Health Department and the New York State Department of Environmental Conservation for either private or public operation. The sanitary sewage system shall be both designed and installed in strict accordance with no less than the minimum technical engineering criteria and owned and operated under legal arrangements acceptable to both said Departments and the Town of Union Vale. The sanitary sewage system shall further be the subject, where deemed appropriate by the Town, of an irrevocable offer of dedication to the Town, or a special district created and administered by the Town, for a nominal sum. See also "common sewage system."

COMMUNICATION TOWER

A structure used primarily for transmitting and/or receiving radio, television, microwave, cellular telephone, or similar electromagnetic signals. As set forth in § 210-51C herein, for purposes of this chapter neither receive-only antennas or satellite dishes for residential use nor any other building-mounted or other structure-supported antennas less than 15 feet in height, no part of which exceeds 12 feet in diameter, shall be considered a communication tower.

COMMUNITY AREAS

Those areas intended for the beneficial use or enjoyment by all residents of a development, including driveways, roadways, parking areas, walkways, landscaped areas, open space and recreation areas.

COMMUNITY BUILDING

A building used for neighborhood meetings and recreation whether a fee is charged or not, but excluding buildings belonging to a church or other place of worship.

COMMUNITY RESIDENCE

A facility for mentally disabled persons, as defined by the Mental Hygiene Law and as regulated by the provisions of The Codes of New York State. Such facilities shall include all supervised living facilities serving up to 14 long-term residents and those supportive living facilities serving four to 14 long-term residents.

COMPOSTING FACILITY, ACCESSORY

An area of land, accessory structures and processes, both natural and mechanical, for the accelerated decomposition of site-generated organic waste on a farm premises to which the composting facility is accessory into a humus-like substance through use of naturally-occurring microorganisms. No more than 25% of the total product of an accessory composting facility shall be created for purposes of resale or profit.

COMPOST, MULCH OR OTHER BIO-MASS OPERATION

The on-site processing, mixing, handling or marketing of organic matter that is grown or produced by a farm operation to rid the farm operation of its excess agricultural waste; and the on-farm processing, mixing or handling of off-farm-generated organic matter that is transported to such farm operation and is necessary to facilitate the composting of such farm operation's agricultural waste. This shall also include on-farm processing, mixing or handling of off-farm-generated organic matter for use in the farm operation. Such organic matter shall include, but not be limited to, manure, hay, leaves, yard waste, silage, organic farm waste, vegetation, wood bio-mass or by-products of agricultural products that have been processed on such farm operation. The resulting products shall be converted into compost, mulch or other organic bio-mass crops that can be used as fertilizers, soil enhancers or supplements, or bedding materials. Such compost shall be processed by the aerobic, thermophilic decomposition of solid organic constituents of solid waste to produce a stable, humus-like material.

[Added 3-11-2010 by L.L. No. 12-2010]

COMPREHENSIVE PLAN

See "Master Plan."

CONDOMINIUM

Individual ownership of a dwelling unit or other occupancy, typically within a multifamily dwelling or multi-tenant building, but not including individual ownership of all or some portion of the land underlying such dwelling or building.

CONFERENCE CENTER

A facility used for business, professional or institutional conferences and seminars, often with campus-type accommodations for sleeping, eating and recreation.

CONGREGATE CARE FACILITY

A type of housing for senior citizens that provides communal dining and social facilities and other services for its residents, while at the same time permitting the senior citizen to maintain his or her own individual housing unit. May also be referred when limited in scale as "enriched housing for the elderly."

CONSERVATION ADVISORY COUNCIL

The Conservation Advisory Council of the Town of Union Vale as established pursuant to the Environmental Conservation Law of the State of New York.

CONSERVATION AREA

Vegetation and terrain left undeveloped and essentially unaltered in its natural state.

CONSERVATION DENSITY SUBDIVISION

An as-of-right low-density rural subdivision carried out in accordance with Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale and authorized under the District Schedule of Use Regulations found at Article III, § 210-10, of this chapter, such subdivision providing for residential density substantially less than the maximum authorized under this chapter and both individual lot area and permanent open space reservation substantially in excess of the minimum requirements set forth in this chapter, wherein the following criteria are met:

The minimum lot area either is five acres or 150% of the minimum lot area specified for the zoning district, whichever is greater.

The average lot area either is a minimum of five acres or 250% of the minimum lot area specified for the zoning district, whichever is greater.

Except in the matter of authorized flag lots, all other minimum requirements set forth within the District Schedule of Area and Bulk Regulations are met.

CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS

Further subdivision of each of the lots is proscribed and an appropriate conservation easement, or similarly binding legal mechanism, provided.

CONSERVATION EASEMENT

An easement, covenant restriction or other interest in real property created under the provisions of § 247 of the General Municipal Law and/or the provisions of §§ 49-0301 through 49-0311 of the Environmental Conservation law, which limits or restricts the development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural or natural condition, character, significance or amenities of the real property.

CONTAMINATION

The degradation of water, air or other natural resources as a result of human activities to the extent that their quality and/or usefulness are impaired.

CONTRACTOR'S YARD

Any space, whether inside or outside a building, used for the storage or keeping of construction supplies, materials, equipment, machinery or vehicles or parts thereof which are in operable condition and active use by a construction contractor.

CONVENIENCE STORE

A one-story retail store containing less than 2,000 square feet of gross floor are that is designed and stocked to sell primarily food, beverages and household supplies to customers who purchase only a relatively few items. Such establishment may include the retail sale of gasoline, oil and other automotive fluids, although no repairs or servicing of vehicles are permitted and the number of fuel dispensing nozzles is restricted to a maximum of 12.

CONVENTIONAL SUBDIVISION

A subdivision carried out pursuant to Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale established as either a permitted use or special permit use under the District Schedule of Use Regulations found at Article III, § 210-10, of this chapter whereby individual lots satisfying the requirements of said Chapter 192, Subdivision of Land, and meeting the minimum requirements set forth for the zoning district within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter are authorized, with such authorization subject in certain districts to the issuance of a special use permit pursuant to Article VI, § 210-54C, of this chapter.

CONVERSION

A change in use or occupancy of a building, generally by alteration or other reorganization as to increase the number of families or dwelling units within a structure.

COUNTRY INN

See "inn."

COVERAGE

See either "building coverage" or "lot coverage," as pertinent.

CREMATORIUM

A facility for the burning of either human or animal remains.

Include, but not limited to, the following:

[Added 3-11-2010 by L.L. No. 12-2010]

Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.

Fruits, including apples, peaches, grapes, cherries and berries.

Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.

Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.

Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals, wool-bearing animals, such as alpacas and llamas, milk, eggs and furs.

Maple sap.

(7)

Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump.

(8)

Aquaculture products, including fish, fish products, water plants and shellfish.

(9)

Woody bio-mass, which means short-rotation woody crops raised for bioenergy, and shall not include farm woodland.

(10)

Apiary products, including honey, beeswax, royal jelly, bee pollen, propolis, package bees, nucs (small honey bee colonies created from larger colonies) and queens.

DAY CAMP

Nonovernight camp providing recreation, arts and crafts and other activities for preschool and school age participants, limited to summer and other school vacation periods.

DAY-CARE CENTER

See "child day care center."

DELICATESSEN

A retail establishment selling meats, salads, other foods and condiments in a prepared state and which establishment may include a maximum of 12 seats at tables and/or a counter for the on-premises consumption of sandwiches or other foods and related coffee, tea, milk, fruit juices and other nonalcoholic beverages.

DENSITY

The ratio of land area per family or dwelling unit on a lot, "gross density" referring to the ratio of dwelling units to the land area of the total lot and "net density" referring to the ratio of dwelling units to the land area of the developed portion of a lot supporting a large-scale development, such as a residential cluster development.

DEPTH

See "lot depth."[1]

DESIGN STANDARDS

Criteria stated within Article VII, § 210-64 of this chapter, setting forth community preferences in siting and design of buildings including consideration of their massing and scale, the configuration of vehicle access, parking and service areas, the design of other site improvements including lighting, signage and pedestrian ways, related conservation or incorporation of landscaped and other natural buffer areas, and the selection of materials, colors and textures for both buildings and improvements. May also be referred to as "site plan design criteria."

DEVELOPMENT

Any activity other than normal agricultural, conservation or forestry management activity which materially affects the existing condition of unimproved, improved land or the improvements thereon, including but not limited to any of the following:

Removal of trees or other natural cover.

Substantial excavation or deposit of earth or other fill, including alteration of the banks of any stream or body of water.

Construction, reconstruction, alteration or demolition of any improvement.

Dumping or parking of any object or material, whether mobile, liquid or solid.

Commencement of any use of the land and improvements thereto and any change in the type or intensity of such use.

DISTRICT OR ZONING DISTRICT

Commencement or change of use in type or intensity of any noise, light, smoke or other emission, in contravention of the general performance standards stated in Article V, § 210-24, of this chapter.

DEVELOPMENT PROGRAM

A schedule of the proposed use of buildings and lands by square footage, number of bedrooms, intended occupancy, parking requirements, project phasing and similar measures.

DINER OR LUNCHEONETTE

For purposes of this chapter, a type of restaurant authorized in either the Neighborhood Commercial (NC) District or the Town Center (TC) District.

DISH ANTENNA

Any parabolic dish, antenna or other mechanical device or equipment of whatever kind or nature, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites or transmission towers, either freestanding or attached to the roof, a chimney or any other part of a building.

An area or section of the Town established under Article II, § 210-5, of this chapter, and depicted on the Zoning District Map set forth pursuant to Article II, § 210-6 thereof, and within which uniform requirements regulate the use of land and structures and the height, bulk, density and setback of structures.

DRIVE-IN ESTABLISHMENT

A premises constructed to cater to the motoring public, whether or not additionally serving pedestrians as well as the vehicular trade, and used for the sale to the public of any product and providing curb, window, counter or other takeout service. Other deposit and pickup services not involving the sale of products shall not be construed to be drive-in establishments as defined herein.

DRIVEWAY

Land situated on a lot used or intended to be used as a private access route directly serving a parking area or serving parking spaces not directly serving more than two dwelling units and not providing a route for through traffic.

DRIVEWAY CONSTRUCTION PERMIT

Official authorization issued by the Code Enforcement Officer to begin construction of a vehicular accessway and related improvements, including stormwater management facilities, in accordance with approved plans and in strict compliance with all applicable requirements set forth within Town Code Chapter 111, Driveways, and all related requirements of the agency of jurisdiction for the roadway intersected by the driveway (New York State Department of Transportation, Dutchess County Department of Public Works or Town of Union Vale Highway Superintendent in the case of a public roadway, or, in the case of a private roadway, a homeowners' association or similar entity).

[Added 3-11-2010 by L.L. No. 12-2010]

DUMP

See "landfill."

DWELLING

A building designed or used principally as the living quarters for one or two families. For purposes of this chapter, a mobile home, travel trailer, or camping trailer shall not be deemed to be a dwelling.

DWELLING, ACCESSORY

A self-contained dwelling unit, having its own exterior or interior entrance and which is subordinate to the principal dwelling unit, shares no kitchen, bath, living or sleeping facilities with the principal dwelling unit, and is located on the same lot. See "accessory apartment."

DWELLING, MULTIPLE

A detached, semidetached or attached building or portion thereof, containing three or more dwelling units. Also referred to as "dwelling, multifamily."

DWELLING, SINGLE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A detached or semidetached 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. For purposes of this chapter, a boardinghouse, dormitory, hotel, motel, inn, nursing home, or other similar building shall not be deemed to constitute a dwelling unit.

DWELLING UNIT, DETACHED

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

DWELLING UNIT, ROW OR ATTACHED

A dwelling unit having common walls with one or more other dwelling units.

DWELLING UNIT, SEMIDETACHED

A dwelling unit having a common wall, floor or ceiling with one other dwelling unit.

EDUCATIONAL INSTITUTION

Any private school, public school or other organization or institution conducting a regularly scheduled comprehensive curriculum of academic and/or alternative vocational instruction similar to that furnished by kindergartens, primary or secondary schools or institutions of higher learning and operating under the Education Law of the State of New York.

ELDERLY OR SENIOR CITIZEN HOUSING

A residential development owned by a public agency or private nonprofit sponsor in which rental units are exclusively provided for elderly persons, aged 62 and older, and other members of the households which they head, in accordance with the eligibility requirements stated in § 202 of the Housing and Community Development Act of 1974, as amended.

ENRICHED HOUSING FOR THE ELDERLY

A residence offering alternative living arrangements (i.e., small congregate living arrangements where comprehensive supportive services are shared) for frail, older adults who do not want or need institutional care but are no longer able to carry out the activities of living without assistance.

ENVIRONMENTAL CONSERVATION LAW

The Environmental Conservation Law of the State of New York, Chapter 43-B of the Consolidated Laws.

EROSION AND SEDIMENT CONTROL LAW

Chapter 122 of the Code of the Town of Union Vale.

[Added 3-11-2010 by L.L. No. 12-2010]

ESTABLISHMENT

A building or related group of buildings for the purposes of the conduct of business located on a single parcel or lot and including one or more uses.[2]

EXISTING LOT OF RECORD

As employed herein, a legally existing lot at the time of adoption of this chapter the plat and/or deed of which is duly filed and/or recorded, as applicable, in the Dutchess County Clerk's office as either an individual parcel of land or as part of a subdivision approved by the Town of Union Vale in accordance with Chapter 192, Subdivision of Land, and applicable provisions of Town Law. May also be referred to as "lot of record."

EXTRACTIVE OPERATION

A lot or part thereof used for the purpose of extracting and/or removing sand, gravel, clay, stone or rock, shale, humus, topsoil, or other earthen material from the parcel, whether or not the material is intended for sale, exclusive of work undertaken both on a timely basis in grading a lot or other parcel preparatory to the construction of a building for which a building permit has been issued or installing roadways or other improvements described on a subdivision plat or site plan approved by the Planning Board and in accordance with the limitations set forth within Article V, § 210-28, of this chapter.

[Amended 3-11-2010 by L.L. No. 12-2010]

FACADE

The face or front of a building as viewed the public roadway and/or feeder road.

FACTORY-MANUFACTURED HOME

See "modular or manufactured home."

FAIR

An occasional or periodic competitive exhibition of farm products, livestock, crafts or similar items, usually accompanied by amusement features and entertainment, and for which an admission fee is charged.

FAMILY

A family consists of either one person, two or more persons related by blood, marriage or adoption, or not more than five persons not necessarily related by blood, marriage or adoption, and in addition any domestic servants or gratuitous guests, who live together in a single dwelling unit and maintain a common household.

FAMILY DAY CARE HOME

A program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children. A family day care provider may, however, be authorized by the NYS Department of Social Services to care for one or two additional children at any one time provided no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, on school holidays, or during those periods of the year school is not in session.

FARM

[Amended 3-11-2010 by L.L. No. 12-2010]

A farmhouse and related land, buildings and machinery used in the practice of agriculture and the commercial production of agricultural products.

For purposes of this chapter, the term "farm" specifically excludes riding academies, livery or boarding stables, dog kennels or catteries, and the raising of fur-bearing animals.

FARM INDUSTRY

A limited business use conducted by the farm operator, which is clearly incidental and secondary to the use of the farm premises for agricultural purposes and does not alter the character thereof, with the objective of expanding the income of the farm throughout all seasons by the employ of equipment and skills customary to the agricultural enterprise and which use shall be fully consistent with the use limitations set forth in § 210-42C of this chapter.

FARM OPERATION

Land, consisting of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other, and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse boarding operation, timber processing, compost, mulch or other bio-mass crops, and the production, management and harvesting of farm woodland, each as defined within § 301(11) of the NYS Agriculture and Markets Law and incorporated herein.

[Added 3-11-2010 by L.L. No. 12-2010]

FARM PARCEL

A parcel supporting a commercial farm operation and meeting one of the following criteria:

[Added 3-11-2010 by L.L. No. 12-2010]

Consisting of not less than seven acres located within a certified agricultural district established pursuant to Article 25-AA, §§ 303 and 304, of the New York State Agriculture and Markets Law and used as a single farm operation with gross sales of not less than $10,000 annually, and as such protected under Article 25-AA, § 305-a, thereof.

Consisting of not less than seven acres and subject to an individual landowner commitment to agricultural land use pursuant to § 306 of the aforementioned New York State Agriculture and Markets Law and used as a single farm operation with gross sales of not less than $10,000 annually, and as such protected under Article 25-AA, § 305-a, thereof.

Consisting of a parcel of less than seven acres within a certified agricultural district established pursuant to Article 25-AA, §§ 303 and 304, of the New York State Agriculture and Markets Law and used as a single farm operation with gross sales of not less than $50,000 annually, and as such protected under Article 25-AA, § 305-a, thereof.

FAST-FOOD OR DRIVE-IN RESTAURANT

Consisting of not less than 15 acres used as a single farm operation with gross sales of not less than $10,000 annually but neither located within a certified agricultural district established nor subject to an individual landowner commitment to agricultural land use executed pursuant to the New York State Agriculture and Markets Law.

FARM PRODUCTS

Plants and animals useful to human beings, including but not limited to forage and sod crops; grains and seed crops; dairy animals and dairy products; livestock and horses, including breeding and grazing; bees and apiary products; fruits, vegetables, seeds and grasses of all kinds; trees, flowers, ornamentals and other greenhouse products; fish; or any other products which primarily incorporate the use of food, feed, fiber or fur produced on the farm.

FARM WOODLAND

Land used for the production for sale of woodland products, including but not limited to logs, lumber, posts and firewood. Farm woodland does not include land used to produce Christmas trees or land used for the processing or retail merchandising of woodland products.

[Added 3-11-2010 by L.L. No. 12-2010]

An establishment whose principal business is the sale in disposable packaging of already prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises. Neither a coffee shop nor delicatessen with 12 or fewer seats shall be construed to be a fast-food restaurant.

FEEDER ROAD

An internal service, or collector, roadway serving as common access to a number of businesses and related establishments from a public roadway.

FENCE

An unroofed enclosing structure erected for the purpose of preventing passage or view or delineating property or lot lines.

FILED MAP

A subdivision plat filed in the Dutchess County Clerk's office and bearing the stamp of the Town of Union Vale Planning Board and Dutchess County Health Department, as required pursuant to the Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale and the Public Health Law.

FILL

Materials deposited in an area to change the ground elevation.

FLAG LOT

See "lot, flag."

FLEA MARKET

For purposes of this chapter, an establishment or premises, whether indoor or outdoor, for the periodic sale of antiques, crafts, collectibles and other small personal and household items, within which booths, or other spaces, are typically rented to vendors and for which an admission may be charged.

FLOOD HAZARD BOUNDARY MAP (FHBM)

A map prepared by the Federal Emergency Management Agency delineating the boundaries of the special flood hazard area within the Town of Union Vale. The Flood Insurance Rate Map (FIRM) replaces the FHBM in those instances where the former has been issued.

FLOOD INSURANCE RATE MAP (FIRM)

A map prepared by the Federal Emergency Management Agency delineating both the special flood hazard areas and the premium risk zones within the Town of Union Vale.

FLOOD INSURANCE STUDY

A report prepared by the Federal Emergency Management Agency showing flood profiles, water surface elevations of the base flood and including a Flood Boundary/Floodway Map (FBFM) depicting any regulatory floodway, as may be applicable, within the Town of Union Vale.

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., has a 1% 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 1% 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 structures, and land use and development control measures.

FLOODPLAIN OR FLOOD-PRONE AREAS

A land area adjoining a river, stream, lake, pond, or other watercourse or water body 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

Height above sea level deemed to be equal to the one-hundred-year flood elevation plus an additional two feet.

FLOODWAY

The channel of a stream 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

FLOOR AREA, GROSS

The sum of the horizontal area of the floor or floors of a building as measured from the exterior faces of the exterior walls or from the center line of walls separating two or buildings. May also be referred to as "floor area."

In particular, the gross floor area of a building or buildings shall include all of the following:

Basement area.

Elevator shafts and stairwell at each floor.

Floor space for mechanical equipment with structural headroom of seven feet six inches or greater.

Penthouses.

(e)

Attic space.

(f)

Interior balconies and mezzanines.

(g)

Accessory uses.

(h)

Structured parking above grade.

The term "gross floor area" shall not, however, include any of the following:

Cellar space.

Elevator and stair bulkheads.

Floor space used for mechanical equipment with structural headroom of less than seven feet six inches.

FLORIST AND NURSERY SALES

Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.

(e)

Uncovered steps, terraces, breezeways and open spaces.

(f)

Accessory off-street parking spaces.

(g)

Accessory off-street loading berths.

Any structure or building whose primary design and function is for the production and raising of flowers and other horticultural products for sale.

FORESTRY

The raising, harvesting and sales of forest products.

FRONTAGE, LOT

See "lot frontage."

FUNERAL HOME

A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

GALLERY

A building or portion thereof designed to accommodate the production, display and/or retail sale of various forms of art and crafts such as paintings, photographs, sculpture, furniture, stained glass, etc.

GARAGE, PRIVATE

An enclosed space, whether an accessory building or part of a principal building, for the storage of one or more vehicles, provided that no business occupation or service, other than a Class 2 home occupation authorized by special use permit, is conducted for profit therein nor any space therein for more than one vehicle leased to a nonresident of the premises.

GARAGE, PUBLIC OR COMMERCIAL

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

GARAGE SALE

Any temporary sale of merchandise sold from a residence; also typically referred to as "yard sale" or "barn sale."

GASOLINE ISLAND CANOPY

A roof-like accessory structure supported by posts sheltering gasoline service islands from natural elements and accommodating suitable lighting and fire suppression equipment in its design. For purposes of this chapter, such gas island canopy may not cover an attendant's booth unless the canopy is in conformance with all setback and related standards established by this chapter for a principal structure in the particular zoning district.

GASOLINE STATION

Any are 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" does not include a quick-stop retail store or convenience store.

GENERAL BUSINESS

See "trade shop."

GENERALLY ACCEPTED AGRICULTURAL AND FARM MANAGEMENT PRACTICES

Those activities and practices including but not limited to business and administrative activities related to the operation of a farm; operation of farm equipment; production, preservation, processing and marketing of farm products; proper use of legal agricultural chemicals and other crop protection methods; and construction, maintenance, repair and use of farm structures, including such buildings used to store farm equipment and to store and/or process farm products; and such other improvements that are necessary to the operation of the farm. Said practices are those that either have been or would be determined "sound agricultural practices" by the New York State Commissioner of Agriculture and Markets upon application of the guidelines recommended for the Commissioner's use by the NYS Advisory Council on Agriculture, including but not limited to (1) "the practice should be legal," (2) "the practice" should not cause bodily harm or property damage off the farm," (3) "the practice should achieve the results intended in a reasonable and supportable way," and (4) "the practice should be necessary."

[Added 3-11-2010 by L.L. No. 12-2010]

GENERAL MUNICIPAL LAW

The General Municipal Law of the State of New York, Chapter 24 of the Consolidated Laws.

GIFT SHOP

A building or portion thereof used for the display and retail sale of gifts, keepsakes and antiques, as distinguished from the retail sale of food, clothing, hardware and other items more commonly associated with and/or essential to the maintenance of home, person or property.

GOLF COURSE

A facility developed in accordance with the standards of the United States Golf Association (USGA) to accommodate playing of the game of golf over either nine or 18 regulation, executive or par-3 holes, though a greater number of holes may be provided. The golf course may include a driving range, putting greens, a clubhouse and other appurtenances integral to the overall facility. A private golf course may be referred to as a "country club."

GRADE, FINISHED

The elevation at which the finished surface of the surrounding lot, either naturally occurring or upon completion of change in contour, intersects the walls and supports of a structure.

GREENHOUSE

A building, portion thereof or other structure constructed mainly of translucent material and used as a conservatory for the growing and protection of flowers, vegetables and other plants and for the propagation and culture thereof.

GROUND FLOOR

The horizontal area of the floor of any structure measured to the exterior of the outside walls of such building, level with the ground or raised by a foundation, but not to include attached or built-in garages, porches or terraces, basements, cellars or unfinished floor area having a clear headroom of less then seven feet. May also be referred to as "first floor."

GROUNDWATER

Water in the subsurface zone beneath the water table in which all pore spaces are saturated.

GROUP FAMILY DAY CARE HOME

A program caring for children more than three hours per day per child in which child day care is provided in a family home for seven to 10 children of all ages, or up to 12 children where all such children are over two years of age. Subject to authorization from the NYS Department of Social Services, a group family day care provider may provide child day care services to two additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school, on school holidays, or during those periods of the year school is not is session.

GUEST COTTAGE

An accessory building on the same lot as a principal residential dwelling or on an adjacent lot within the same ownership used for temporary occupancy without compensation by either short-term guests of the owners or tenants of the principal dwelling, 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 which may be occupied by one or more persons for living, sleeping, eating or cooking purposes, excluding storage spaces and enclosures for equipment installations, and as may be more specifically defined in the New York State Uniform Fire Prevention and Building Code.

[Amended 1-8-2004 by L.L. No. 1-2004]

HAZARDOUS MATERIAL

Material that may pose a present or potential threat to human health or the environment when improperly stored, transported, disposed of or otherwise managed, including without exception hazardous waste as identified and listed in accordance with Section 3001 of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) and related implementing regulations.

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 the highest point on the coping of a flat roof, to the deck line of mansard roofs or to the average height between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections except where such features occupy an aggregate area of more than 80 square feet or 10% of the roof area of the building, whichever shall be less.

HISTORIC SITE

For purposes of this chapter, any cultural resource, including buildings and other structures, lands and archaeological sites, so designated by the Town Board of the Town of Union Vale or other governmental authority, including but not limited to the New York State Office for Parks, Recreation and Historic Preservation.

HOME OCCUPATION

Any limited personal service, professional or business use customarily conducted within a dwelling or customary accessory building on a residential premises and carried on by the residents thereof, which is clearly incidental and secondary to the use of the premises for residential purposes and does not alter the residential character thereof, and which use shall be fully consistent with the use limitations stated in Article V, § 210-31, of this chapter, and subject to the classification set forth therein of Class 1 and Class 2 home occupations.

HUNTING AND/OR FISHING CLUB

The term "home occupation" shall include the provision of child day care services to two or fewer children who are not residents of the dwelling and the operation of a bed-and-breakfast establishment, as defined herein but limited to two guest rooms.

HOMEOWNERS' ASSOCIATION

An organization of residential property owners, duly constituted, residing within a particular development, whose major purpose is to own, preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents of the development.

HOSPITAL

An institution providing health service, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. The term "hospital" shall not include "alternate care facility."

HOTEL

A type of multiple dwelling under the New York State Uniform Fire Prevention and Building Code or any part thereof which contains living and sleeping accommodations for transient occupancy for 15 or more guests and has a common exterior entrance or entrances and which may contain one or more dining rooms.

HOUSEHOLD PET

A domesticated animal, such as a cat or a dog, retained for companionship rather than commercial purposes.

A group of persons organized to pursue the sport of hunting and/or fishing with certain membership qualifications, payment of dues or fees, regular meetings and a constitution or bylaws and the lands upon which their activities are conducted, including the maintenance of lodging and dining facilities for members and guests and the keeping of dogs as an incidental accessory use in a number that would otherwise be construed to be a kennel.

INDIVIDUAL LOT DEVELOPMENT

Authorized construction and use involving the entirety of a lot of record as defined herein and, thus, for which Planning Board approval pursuant to the Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, is not required.

INN

A single multiple-dwelling structure with no more than 10 guest rooms providing overnight accommodations, food and entertainment in accordance with this chapter.

INSTITUTIONAL USE

A nonprofit, not-for-profit or quasi-public use, such as a hospital or other health-related facility, school, library, church, or municipally-owned or operated buildings, structures or land used for public purposes.

INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS

An organization of building and code enforcement officers and related persons and agencies, often cited as "ICBO."

JUNK STORAGE CONTROL LAW

Chapter 151 of the Code of the Town of Union Vale.

[Added 3-11-2010 by L.L. No. 12-2010]

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 such as waste paper, rags, scrap metal, or used building 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 more than 200 square feet 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 two or more vehicles no longer in condition for legal use on the public highways, i.e., registered and inspected, or parts thereof for more than one month in a residential district or more than three months in any nonresidential district shall constitute a motor vehicle junkyard.

KENNEL

Any premises on which are kept more than three dogs, including household pets, more than six months old or any number of dogs that are kept for the primary purpose of boarding, care or breeding for which a fee is charged or paid. For the purposes of this chapter, the term "kennel" shall be construed to include the term "cattery."

LABORATORY

A use of a building or part thereof and/or land where scientific research, development and/or experiments are conducted and which meets all applicable federal, state, county and Town requirements for the control of emissions and pollutants.

LAND ALTERATION

Change in contour or grade of a tract of land through either the movement of naturally occurring earthen materials or other similar materials within the boundaries of a site or either the importation and deposition of material or the removal of material for the purpose of changing the contour or grade of some portion of the tract. See related definitions of "extractive operation," "excavation, major," "excavation, minor" and "fill."

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. For purposes of this chapter, a private compost pile shall not however be construed to be a landfill.

LANDFILL, CONSTRUCTION OR DEMOLITION

A type of landfill for the disposal of construction and/or demolition debris.

LANDFILL, SANITARY

A type of landfill for the disposal of domestic and related wastes, including septage.

LAND SUBDIVISION REGULATIONS

Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale. Also known as "Subdivision Regulations."

LAUNDROMAT OR LAUNDRY, SELF-SERVICE

A business premises equipped with individual clothes washing or dry cleaning machines for use by retail customers, exclusive of laundry facilities provided as an incidental accessory use within a multifamily residential, alternate care facility, lodging or similar establishment.

LIBRARY

A building or part thereof used by a public or nonprofit institution for the purpose of housing books, manuscripts, exhibits or other educational materials available for reference and, as may be applicable, circulation.

LIFE CARE COMMUNITY

A campus-type facility on which is provided a range of independent and assisted living arrangements and related support services for a senior citizen population.

LIGHT INDUSTRIAL PARK

A tract of land with individual sites and structures or multi-tenant sites and structures intended for occupancy by two or more manufacturing or other light industrial and transportation establishments and uses.

[Amended 3-11-2010 by L.L. No. 12-2010]

LIGHT INDUSTRY OR MANUFACTURING

A use involving the manufacture of a product, not requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in contravention of the general performance standards stated within Article V, § 210-24, of this chapter. Light industry or manufacturing shall include, subject to compliance with the above-cited standards, the following categories:

Food and beverage production, including but not limited to such uses as dairy processing plant, bakery and bottling plant.

Apparel and other textile products.

Furniture and fixtures.

Printing and publishing.

Electrical and electronic machinery and equipment.

MINED LAND RECLAMATION LAW

Metal fabrication.

(7)

Mail order distribution center.

(8)

Warehousing ancillary to the authorized use.

LOADING SPACE

Any off-street space available for the loading or unloading of goods and of a dimension deemed by the Planning Board to be suitable for the intended purpose.

LOT

A single contiguous parcel of land, undivided into two or more portions by a street, 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 uses, open spaces and yards, which parcel shall have frontage on a street, or on such other mean of access as may be deemed sufficient in accordance with the applicable provision of § 280-a of the Town Law to provide suitable access as a condition precedent to the issuance of a building permit.

LOT AREA

The total land area within the property lines excluding any area devoted to external streets, e.g., in the case of a user highway.

LOT, CORNER

A lot abutting two or more streets at their intersection or upon two parts of the same street forming an interior angle of not less than 135°. The point of intersection of the street right-of-way lines is the corner.

LOT COVERAGE

The entire nonvegetated area of the lot, including the area covered by all structures, paved areas, driveways, walkways, patios or terraces.

LOT DEPTH

The horizontal distance from the street line of a lot to the rear lot line of such lot, measured along the median between the two side property lines.

LOT, FLAG

A lot with significantly less than the minimum required lot frontage otherwise required within the zoning district and generally consisting of a narrow accessway, the "flag pole," leading from the street or roadway to the buildable portion of the lot, "the flag."

LOT FRONTAGE

That side of a lot measured along the right-of-way of any dedicated town, county or New York State highway or along a line parallel to and 24.75 feet from the center line of any user highway. For purposes of this chapter, the width of any lot shall not be less than its required frontage throughout its entire depth leading to the buildable portion of the lot, i.e., that portion of the lot with at least the minimum prescribed lot width. A corner lot shall be considered to have two such frontages.

LOT LINE

That line dividing one premise from another or from a street or other public place.

LOT OF RECORD

See also "existing lot of record."

LOT, THROUGH

A lot, other than a corner lot, extending between two streets or other roadways.

LOT WIDTH

The minimum horizontal distance between the side lot lines measured at right angles to the lot depth along the rear line of the required front yard (i.e., at the minimum front setback) as established pursuant to the District Schedule of Area and Bulk Regulations.

LUMBERYARD

See "building material supply and sales."

MASTER PLAN

As described in § 272-a of the Town Law, the materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material that identifies the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-term protection, enhancement, growth and development of the Town. Such document may be officially adopted by the Town Board in satisfaction of the requirements of the Town Law and may otherwise be referred to as the "Town Plan," the "Town Master Plan," or the "Town Comprehensive Plan."

MEMBERSHIP CLUB

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. May also be referred to as a "nonprofit club."

Article 23, Title 27, of the Environmental Conservation Law of the State of New York.

MINIMUM OPEN SPACE

See "open area, required."

MOBILE HOME

A structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in body width and 40 feet or more in body length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis, comprised of frame and wheels, and designed to be used without permanent foundation as a dwelling, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Any addition to such mobile home shall, for the purposes of this chapter, be deemed to be part of such mobile home.

MOBILE HOME PARK

Any lot, parcel or tract of land or portion thereof on which two or more mobile homes are located and occupied.

MODULAR OR MANUFACTURED HOME

A factory-built dwelling, not including a mobile home, transported to the site in one or more components, assembled as necessary, and permanently attached to the site via footings and foundation.

MOTEL

A type of multiple dwelling or multiple-dwelling premises under the New York State Uniform Fire Prevention and Building Code containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge" or "roadside hotel."

MOTOR HOME

See "recreational vehicle."

MUNICIPAL HOME RULE LAW

The Municipal Home Rule Law of the State of New York, Chapter 36-A of the Consolidated Laws.

MUSEUM

A nonprofit, noncommercial establishment operated as a repository for a collection of literary, natural or scientific curiosities, objects of interest or works of art, not including the regular sale or distribution of the objects collected.

NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE

A collection of eight codes based on International Conference Codes and published by the International Conference of Building Officials which are the standards adopted by the State of New York with New York Modifications to the International Conference Codes and effective July 2002. The collection of eight codes is referred to as the "New York State Uniform Fire Prevention and Building Code" and consists of the following volumes:

[Amended 1-8-2004 by L.L. No. 1-2004]

Building Code of New York State.

Residential Code of New York State.

Fire Code of New York State.

Plumbing Code of New York State.

Mechanical Code of New York State.

NONCOMPLYING BUILDING OR STRUCTURE

Fuel Gas Code of New York State.

(7)

Property Maintenance Code of New York State.

(8)

Energy Conservation Construction Code of New York State.

NIGHTCLUB

An eating and/or drinking establishment which includes an area in which patrons may dance and/or provides live entertainment other than by a single instrumental musician or vocalist.

An existing building or structure which contains a use permitted in the zoning district in which it is located, but which does not conform to the applicable district regulations for lot area, width or depth; front, rear or side yard; maximum height; lot coverage; parking requirements; or density after the adoption or subsequent amendment of this chapter. This condition may also be cited as "noncomplying bulk."

NONCONFORMING USE

A legal existing use which does not conform to the applicable use regulations for the zoning district in which the use is located after the adoption or subsequent amendment of this chapter.

NON-FARM PARCEL

Any parcel that does not meet the definition of "farm parcel" as earlier set forth within this section.

[Added 3-11-2010 by L.L. No. 12-2010]

NONPROFIT

For purposes of this chapter, restricted to a person, as defined herein, so designated as "nonprofit" or "not-for-profit" by virtue of charter or incorporation and certification by the Internal Revenue Service. Such person or facility may also be cited within this chapter as "noncommercial."

NOXIOUS USE

Any use which is dangerous, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the standards and criteria established by this chapter and other applicable laws, rules, codes and regulations; also referred to as "nuisance."

NUISANCE

See "noxious use."

NURSERY

Any place used as a garden for cultivation and growing of trees, shrubs, flowers and other plants, including the replanting of plants grown at places other than the nursery.

NURSERY SCHOOL

Any premises, however designated, which operates on a regular basis to provide care or instruction for seven or more enrolled children under six years of age other than the children of the resident family. For purposes of this chapter, the term "nursery school" shall also include a kindergarten, day nursery and day-care center and family day-care facility as regulated by § 390 of the New York State Social Services Law.

NURSING HOME

Premises on which are provided lodging, meals and continuing nursing care for compensation to convalescent or chronically ill persons. The term "nursing home" shall include a convalescent home and a rest home.

OCCUPANCY

Use of a building, structure or premises.

OFFICE BUILDING

A structure housing two or more office, personal service or business service establishments.

OFFICE or OFFICE ESTABLISHMENT

A structure or part thereof used for the purpose of conducting the affairs of a business or other organization or providing professional services. The term "office or office establishment" does not include businesses that sell goods, such as a retail store.

OFFICE PARK

A tract of land with individual sites and structures or multi-tenant sites and structures, planned as a whole with shared access, utilities, signage and other facilities and intended for occupancy by five or more office, personal service or business service establishments.

OFFICIAL MAP

A map, established and adopted by the Town Board in accordance with § 270 of the Town Law, showing streets, highways, parks, recreational facilities, and other public improvements heretofore laid out.

ONGOING CONSTRUCTION

The incorporation of both labor and materials within the footings and/or foundation of a building subsequent to the issuance of a building permit in full accordance with this chapter, the New York State Uniform Fire Prevention and Building Code and all other applicable laws, rules and regulations governing the construction of the building and the installation of appurtenant systems and improvements necessary for the intended occupancy.

OPEN AREA DEVELOPMENT

A land development project, whether intended for residential, commercial or mixed occupancy, authorized by special use permit pursuant to Article VI, § 210-54D, of this chapter and carried out within an open development area created by the Town Board.

OPEN AREA, REQUIRED

That area of a lot which shall, in accordance with the requirements of this chapter, be properly maintained with a combination of natural, not artificial, lawns, shrubs, trees and other plant materials and related ground covers; also known as "minimum open space."

OPEN DEVELOPMENT AREA

An area so designated by the Town Board pursuant to § 280-a, Subdivision 4, of the Town Law and depicted on the Town of Union Vale Zoning District Map wherein access to individual lots may be provided via private streets or roadways and required lot frontage may be measured along such private streets or roadways.

OPEN PORCH

A wholly or partially-roofed structure, including a pergola and other than a carport, extending from the outside wall of a building without window sash or other form of permanent enclosure from the elements.

OPEN SPACE

Land substantially in its natural state, including associated streams, ponds and wet areas, and occupied by no buildings or structures or land containing improvements strictly in support of agricultural uses.

ORGANIC WASTE

For purposes of a commercial composting facility or accessory composting facility as regulated by this chapter, limited to animal manure and vegetable plant waste, and shall not include human waste, household waste or septic waste.

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 land use district to which such designation is added, the presence of such overlay district not changing either the authorization or prohibition of certain uses on the property as set forth within the District Schedule of Use Regulations.

OWNER

Owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, structure or premises. In a given situation the term "owner" may refer to more than one of the above.

PARK

Any land and/or associated structures created and maintained by a municipality for the express use and enjoyment by the general public for recreational purposes, including both passive or active recreation areas and trail systems.

PARKING AREA, OFF-STREET

For purposes of this chapter, an off-street parking area containing five or more spaces as required by this chapter.

PARKING SPACE, OFF-STREET

An area of land, not less than nine feet in width by 19 feet in length, excluding driveways or access drives thereto, which is wholly out of the public right-of-way, does not encroach upon or cause vehicles to overhang any required open space or landscaped area, and is available and adequately improved for the parking of one motor vehicle.

PERFORMANCE STANDARDS

Regulations applicable to nonresidential and nonagricultural uses for the control of dangerous or objectionable elements as set forth within Article V, § 210-24, of this chapter. May also be referred to as "general performance standards."

PERFORMING ARTS CENTER

An indoor facility operated and maintained by a nonprofit entity and devoted to presenting cultural entertainment through live performances in music, theater and dance.

PERIODIC REVIEW

Requirement imposed by this chapter for examination by the Planning Board at a defined interval of the effectiveness of the provisions of this chapter and related laws, rules and regulations in guiding land use and development within the Town of Union Vale and report thereon to the Town Board.

PERMISSIBLE USE

Any use not classified by this chapter as a "prohibited use" as defined herein.

PERMITTED USE

A specific use noted in Article III, § 210-10, District Schedule of Use Regulations, of this chapter for which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.

PERSON

Any individual or group of individuals, corporation, partnership, association, trustee or and any other legal entity, including state and local governments and agencies.

PERSONAL SERVICE BUSINESS OR USE

An establishment primarily engaged in providing services involving the specialized care of a person or a person's apparel, including but not limited to barber and beauty shops, tailor and dressmaking shops, exercise or dance studios, physical therapy and other health-related offices.

PLACE OF RELIGIOUS WORSHIP

Any building or land, together with its accessory buildings and uses, where persons regularly assemble for religious worship and/or related educational, social, cultural and fund-raising activities, and which building or land is maintained and controlled by a recognized religious body organized to sustain public worship.

PLANNED MIXED USE DEVELOPMENT

A development designed for a mix of residential, commercial, light industrial and other land uses as may be authorized by the Planning Board by special use permit issued pursuant to Article VI, § 210-54E, of this chapter.

PLANNING BOARD

The Town of Union Vale Planning Board. May also be referred to as "Town Planning Board."

PREMISES

A lot, plot or parcel of land, together with all structures, other improvements and uses thereon.

PRINCIPAL STRUCTURE

The structure in which is conducted the main or principal use of the lot on which said structure is located. In any residential district, a dwelling shall be deemed the principal structure on the lot on which it is located.

PRINCIPAL USE

The primary purpose for which land and/or structures are designed, arranged or intended or for which land or structure(s) may be occupied or maintained under this chapter.

PRIVATE OUTDOOR RECREATION AREA OR FACILITY

Land developed by a private sponsor with facilities for passive recreation, e.g., trails and picnic areas, and/or facilities for active outdoor individual or organized recreation, e.g., ball fields, tennis courts, swimming pools, a golf course, and ski slope or other winter recreation area, not to include any of the following:

Arenas, stadiums or other spectator recreation facilities for the accommodation of more than 200 spectators.

Activities involving the discharge of firearms.

PUBLIC OR FRANCHISE UTILITY

Activities involving the development of substantial structures that compositely occupy more than 1% of the gross land area of the outdoor recreation area or facility.

PRIVATE STABLE

An accessory building in which horses are kept by the owner or residential tenant of the premises, and which horses are for private use and not maintained for remuneration, hire or sale.

PROFESSIONAL OFFICE

A building or portion thereof wherein persons perform services involving predominantly administrative, professional or clerical operations.

PROHIBITED USE

Any use not listed as a permitted use, special permit use or permitted accessory use in the District Schedule of Use Regulations, Article III, § 210-10, of this chapter within a zoning district shall be considered a prohibited use hereunder within such zoning district. Moreover, any use not specifically listed as a permitted use, special permit use or permitted accessory use within any zoning district in the District Schedule of Use Regulations shall be considered a prohibited use under this chapter within all zoning districts within the Town of Union Vale.

PUBLIC HEALTH LAW

The Public Health Law of the State of New York, Chapter 45 of the Consolidated Laws.

A person, firm, corporation or municipal agency duly authorized to furnish to the public, under public regulation, electricity, gas, water, transportation, telephone, cable television, internet or other service.

PUBLIC OR FRANCHISE UTILITY STATION

An essential appurtenant facility within an overall utility network or system, such as an electric unit substation, water or sewage pumping station or telephone relay station, not to be construed to include either a communications tower or a storage yard, garage, maintenance shop or similar establishment operated by the public or franchise utility.

PUBLIC RECREATION USE OR AREA

A facility maintained by a municipal corporation for either indoor or outdoor recreation activities, whether or not a fee is levied for the use thereof. See "park."

RECREATIONAL VEHICLE

A portable, temporary dwelling designed to be used for travel, recreation and vacation, either constructed as an integral part of a self-propelled vehicle or intended to be mounted thereon. May also be referred to as a "motor coach" or "pickup camper," respectively.

RECREATIONAL VEHICLE PARK

A premise designed for the temporary parking and occupancy of recreational vehicles and camping or travel trailers and occupancy in tents.

REIMBURSABLE COSTS

Costs incurred by the Town Planning Board, Zoning Board of Appeals or Town Board for engineers, planners, attorneys and other experts employed by the Town for the purpose of reviewing project-specific applications under either this chapter, Chapter 192, Subdivision of Land, Chapter 143, Grading, Filling and Erosion Control, or Chapter A215, Street Specifications.

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.

REQUIRED

Required by this chapter.

RESIDENTIAL DISTRICTS

For purposes of this chapter, the following zoning districts, as established in Article II, § 210-5 herein, shall be deemed residential districts: Rural Development 10 (RD10) District, Residential Agricultural 5 (RA5) District, Residential Agricultural 3 (RA3) District, Residential 1.5 (R1.5) District, Residential 1 (R1) District and Hamlet (H) District.

RESTAURANT

A commercial establishment licensed by the Dutchess County Health Department where food and drink are prepared, served, consumed and sold primarily within the principal building or its outdoor terrace or patio area.

SCENIC AND RURAL ROADS LAW

The term "restaurant" shall not include any type of drive-in or fast-food restaurant whose primary business is the sale in disposable packaging of prepared or rapidly consumed food directly to the customer in a ready-to-consume state for consumption within the restaurant building, elsewhere on the restaurant premises or off premises. See "fast-food or drive-in restaurant."

RETAIL BUSINESS

An establishment engaged in selling or renting goods or merchandise to the general public in small quantities for personal or household consumption or business use and rendering services incidental to the sale of such goods. A gasoline station or automotive service facility shall not be considered a retail business nor shall a restaurant or other eating and/or drinking establishment of any type be so considered.

RIDING ACADEMY

An establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment, not to include the boarding of three or fewer horses on a farm parcel of not less than 10 acres within the RA3, RA5 or RD10 District.

[Amended 3-11-2010 by L.L. No. 12-2010]

RIGHT TO FARM LAW

Chapter 124, Farming, of the Code of the Town of Union Vale.

ROAD, MAJOR

A highway under the jurisdiction and maintenance responsibility of either the New York State Department of Transportation (NYSDOT) or the Dutchess County Department of Public Works (County DPW).

ROAD, MINOR

A highway either privately-owned and maintained or under the jurisdiction and maintenance responsibility of the Town of Union Vale.

ROADSIDE STAND

A structure where products grown on the premises or elsewhere by the operator of the roadside stand may be sold and purchased.

SATELLITE DISH ANTENNA

See "dish antenna."

Chapter 183, Scenic and Rural Roads, of the Code of the Town of Union Vale.

SCENIC ROADWAY

For purposes of this chapter, any public street, road or highway so designated by either the Town Board of the Town of Union Vale pursuant to Chapter 183, Scenic and Rural Roads, or other governmental authority, including but not limited to the New York State Department of Environmental Conservation under authority of the New York State Scenic Byways Law, Article XII-c of the Highway Law.

SCHOOL, PRIVATE

A kindergarten, primary or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school.

SCHOOL, PUBLIC

An educational institution operated by a public school district under the Education Law of the State of New York and jurisdiction of the Board of Regents.

SENIOR CITIZEN HOUSING

See "elderly or senior citizen housing."

SERVICE BUSINESS

See "business service."

SETBACK

The horizontal distance from the property line to any structure, roadway, parking area, accessory building, driveway or other such improvement on a lot is located, the minimum requirements for which are stated in the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter or otherwise set forth within either Article IV, Article V, Supplementary Regulations, or Article VI, Special Permit Uses, of this chapter.

SHOPPING CENTER

One or more structures intended for occupancy by three or more retail, restaurant, personal service, business service, commercial amusement or office occupancies authorized within the zoning district within which the shopping center is located, whether either situated on a single parcel or adjacent parcels or in single or multiple ownership, with common site improvements such as access, parking, loading and other facilities or amenities. Such facility shall be designed and operated in strict conformity with the additional specific requirements set forth within Article VI, § 210-56, of this chapter.

SIGN

Any material, structure or device or part thereof composed of lettered or pictorial matter which is located out of doors, on the exterior of a building or either affixed to a window or located within three feet of a window thereof 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.

For purposes of this chapter a sign shall not include display of any of the following:

Official court or public office notices.

Official traffic control devices.

The flag, emblem or insignia of a nation, political unit, school or religious group.

SKI SLOPE OR OTHER WINTER RECREATION AREA

A single private residential identity sign not exceeding two square feet in area and denoting the name, address and profession of the occupants of the residential premises.

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. "Sign, advertising" includes but is not limited to the term "billboard."

SIGN, DIRECTIONAL

An off-premises sign directing the way to a place of business, public service, residence or other facility or use.

SIGN, FREESTANDING

A sign that is not affixed to a building and is so constructed as to be an independent unit; included are pole signs, pylon signs and masonry wall types.

SIGN, HEIGHT OF

The distance from the mean ground level beneath the sign to the highest point of the sign structure.

SIGN, NONACCESSORY

See definition of "sign, advertising."

SIGN, OBSOLETE

A sign advertising a nonexistent product or establishment or a past event.

SIGN, PORTABLE

Any device on wheels or a stand designed to be easily moved, the purpose of which is to display a sign.

SIGN, SURFACE AREA OF

The entire area within a single, continuous perimeter enclosing the extreme limits of such sign, said perimeter consisting of not more than five sides or courses, 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. Only one face of a sign shall be counted in computing the area, provided that there is identical copy of both sign faces.

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.

SIGN, WINDOW

A sign intended to be visible from the exterior of a building and either affixed to the interior of a window or located within three feet thereof.

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 calendar years, regardless of any division of land into parcels for the purpose of financing.

SITE PLAN

The map or drawing and all related information which together constitute a complete application, submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article VII of this chapter.

A parcel of land, premises or real property, together with the building or buildings, structure or structures thereon, as well as the accessory use or uses, land, premises or real property, occupied, owned or employed for use by skiers, skaters, tobogganists or other outdoor sports permitted by law and customarily engaged in by persons, as spectators or participants, during the winter months or cold weather, as outdoor exercise and/or recreation.

SOIL MINING

The use of any land for the excavation, extraction or removal of more than 1,000 tons of sand, gravel, clay, stone or rock, shale, loam, humus, or topsoil within a period of 12 calendar months for sale or exchange or for use other than on the property from which the material is extracted, such use being a regulated activity under both this chapter and the New York State Mined Land Reclamation Law; may also be cited as "commercial extraction" or "extractive operation."

[Amended 3-11-2010 by L.L. No. 12-2010]

SPECIAL PERMIT USE

A use which is deemed permissible within a given zoning district or districts, but which may exhibit characteristics or create impacts incompatible with other uses provided therein. The special permit use shall, therefore, be subject to approval by the Planning Board in accordance with the requirements set forth for such use, as well as the other applicable provisions set forth in Article VI of this chapter. May also be referred to as "special use" or "special exception."

SPECTATOR RECREATION FACILITY

A large-scale, high-volume, recreation or spectator facility, such as a stadium, sports arenas, amusement park and track for horse, automobile or other racing activities.

STATE OF NEW YORK CODES

See "New York State Uniform Fire Prevention and Building Code."

STEEP SLOPE, AREA OF

Any area with an average slope of more than 25% over a horizontal distance of more than 100 feet.

STORAGE, OPEN

Land used for the keeping of goods, wares or supplies on land outside of any building or structure. Open storage shall, however, not be construed as including the activities either of a junkyard, a junkyard, motor vehicle, or a landfill as defined herein.

STORY

That part of a building included between any floor, other than a cellar, and the floor or roof next above, including basement as herein defined.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

STREET

A public or private right-of-way which provides vehicular access to abutting properties, which, even if a private way, may not be less than 15 feet in width to constitute access under § 280-a of the Town Law; or a proposed way shown on a plat approved by appropriate jurisdictions and filed in the Dutchess County Clerk's Office. Also referred to as "roadway" or "highway."

STREET LINE

The dividing line between a lot and a street right-of-way as indicated by dedication or deed of record.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in roofline.

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. The term "structure" includes, among others, buildings, stadiums, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, tennis courts, gasoline pumps, billboards, signs and mobile dwellings. The term "structure" shall not include utility poles, wire and related equipment.

STRUCTURE, ACCESSORY

See "accessory structure."

STRUCTURE, PRINCIPAL

See "principal structure."

SUBDIVISION

As defined in Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, the term "subdivision" shall include each of the following:

The division of any parcel of land into two or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of lot line alteration, transfer of ownership, lease for other than recreation, conservation or agricultural purposes, or building development.

The resubdivision of any parcel of land for which an approved plat has already been filed in the Dutchess County Clerk's office and which is entirely or partially undeveloped.

SUBSTANTIAL ALTERATION OR IMPROVEMENT

Reinstatement of any subdivision approval that may have expired for reasons including but not limited to the imposition of a sunset or like provision by either the Planning Board or the Dutchess County Health Department or the failure of the subdivider to complete required improvements in a timely manner pursuant to the terms of the Planning Board's approval and pertinent provisions of Town Law related to either project phasing, i.e., filing of a plat in sections, or posting and satisfaction of performance guarantees.

SUBDIVISION REGULATIONS

See "Subdivision of Land."

For the purposes of Article VIII, § 210-69, of this chapter, "substantial alteration or improvement" shall mean repair, reconstruction, or improvement of a structure, the cost of which exceeds 50% of the fair market value of the structure either before the improvement or repairs started or, if the structure has been damaged and is being restored, before the damage occurred.

The term "substantial alteration or improvement" does not, however, include either of the following:

Any project for improvement of a structure to comply with current county or state health, safety or sanitary code requirements which are necessary to ensure safe and healthful living conditions.

TOWN ENGINEER OR DESIGNATED TOWN ENGINEER

Any alteration of a structure listed on the National Register of Historic Places undertaken in accordance with the Section 106 Rehabilitation Guidelines for Historic Preservation promulgated by the U.S. Department of the Interior.

SWIMMING POOL

Any outdoor pool, tank, depression or excavation created for the specific purpose of swimming or bathing 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.

TEMPORARY

For the purposes of this chapter, defined as a period of not more than 30 calendar days except where otherwise explicitly specified herein as being of either shorter or longer duration.

TERRACE

An open porch without a permanent roof.

THEATRE

An indoor facility devoted to presenting movies, films and other programmed entertainment on a paid admission basis.

TIMBER HARVESTING

See "commercial logging."

TIMBER PROCESSING

The on-farm processing of timber grown on a farm operation into woodland products, including but not limited to logs, lumber, posts and firewood, through the use of a readily movable, nonpermanent saw mill, provided that such farm operation consists of at least seven acres and produces for sale crops, livestock or livestock products with an annual gross sales value of not less than $10,000 and that the value of such processed woodland products does not exceed the annual gross sales value of such crops, livestock or livestock products.

[Added 3-11-2010 by L.L. No. 12-2010]

That New York State licensed professional engineer, either employee or consultant, who shall be chosen by the Town Board upon recommendation of the Planning Board to perform the duties of the designated Town Engineer for purposes of this chapter and related requirements, including but not limited to Chapter 143, Grading, Filling and Erosion Control; Chapter 192, Subdivision of Land; and Chapter A215, Street Specifications.

TOWN LAW

The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.

TOWN PLAN

See "Master Plan."

TOWN PLANNER OR TOWN PLANNING CONSULTANT

That professional planner, either employee or consultant, who shall be a member of the American Institute of Certified Planners, who shall be chosen by the Town Board upon recommendation of the Planning Board to assist in the review of project-specific applications and to advise on the administration of this chapter and related requirements, including but not limited to Chapter 192, Subdivision of Land.

TRADE SHOP

A nonretail establishment for the conduct, within enclosed structures, of general business uses, including but not limited to painting, carpentry, woodworking, printing and copying, machine printing and general repair shops.

[Amended 3-11-2010 by L.L. No. 12-2010]

TRAILER, BOAT

A vehicle designed exclusively for the transport of one boat with beam width of no more than 10 feet and length of no more than 24 feet.

TRAILER, CAMPING

A folding structure, mounted on wheels and designed for limited travel recreation and vacation use only.

TRAILER, HOUSE

See definition of "mobile home."

TRAILER, TRAVEL

A vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation and vacation purposes, having a body length not exceeding 26 feet and a body width not exceeding eight feet.

TRANSFER STATION

A solid waste management facility, other than a recyclables' handling and recovery facility exclusively handling nonputrescent recyclables, that can have a combination of structures, machinery and devices, where solid waste is taken from collection vehicles and placed in other transportation units for movement to another facility.

TRUCK TERMINAL

A facility for the storage and/or repair of heavy trucks and other large commercial vehicles except as accessory and incidental to the authorized principal use of the premises.

USE

The specific purpose for which land, a building or a building group is designed, arranged, intended to be used, or for which it either is or may be occupied or maintained. See related definitions of accessory use, nonconforming use, principal use, prohibited use and special permit use.

USE REGULATIONS

The controls enumerating the permitted principal, permitted accessory and special permit uses, either principal or accessory, within each of the zoning districts established by this chapter.

USER ROADWAY

A public roadway not lying within a right-of-way owned in fee by the Town, county or state agency of jurisdiction and existing by virtue of easement or prescription. See § 183 of the Highway Law.

VARIANCE

An action taken by the Zoning Board of Appeals, pursuant to § 267 of the Town Law and Article X, §§ 210-78 through 210-80, of this chapter, to vary or modify the regulations or provisions of this chapter as applied to a specific use or premises.

VARIANCE, AREA

An exception granted by the Zoning Board of Appeals from the area and bulk regulations or supplementary regulations of a related character (such as amount, size, location or design of access, off-street parking, landscaping or signage) to authorize on a specific lot a permissible use which could not be feasibly established without relief from one or more of the dimensional requirements pertaining to the zoning district.

VARIANCE, USE

An exception granted by the Zoning Board of Appeals from the use regulations to allow the establishment on a specific lot of a use otherwise not allowed or prohibited in the particular zoning district but otherwise authorized under this chapter pursuant to the District Schedule of Use Regulations found at Article III, § 210-10, herein at some location within the Town of Union Vale.

VETERINARIAN'S OFFICE

An establishment for the medical and/or surgical care of sick or injured animals, including facilities for their temporary occupation and, when operated as an accessory use by a licensed veterinarian, facilities for their cremation. Also known as "animal hospital."

VOCATIONAL TRADE OR SPECIALTY SCHOOL

An educational facility operated as a business primarily teaching usable skills that prepare students for jobs in a trade of for a specialized endeavor, and licensed as may be required with the New York State Department of Education or other agency.

WALL

A structure of wood, masonry, stone or other materials, or a combination thereof, intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the case of either a retaining wall or a bulkhead.

WAREHOUSE

A building or portion thereof used for the storage of property. The term "warehouse" shall not be deemed to include the storage area normally associated with a retail business and located on the same property.

WETLAND

Any area designated as either within a NYSDEC freshwater wetland or subject to delineation by the U.S. Army Corps of Engineers (ACOE) as either a jurisdictional wet area or isolated waters under the Clean Water Act of 1974, as amended, and related implementing regulations.

WHOLESALE BUSINESS

An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers, to other wholesalers or to industrial or professional business users or primarily acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

YARD

An open space on the same lot, plot or parcel of land with a building or building group lying between the closest point of the front, rear or side wall of a building and the nearest lot line, unoccupied and fully open to the sky, except as otherwise provided by specific provisions set forth within Article IV of this chapter wherein certain architectural features, accessory structures, fences and walls, parking areas and/or access driveways, signage and outdoor storage may be authorized therein.

YARD, FRONT

A yard extending across the principal street side (i.e., front lot line) of a lot measured between the side yard lines, the depth of which yard is the minimum horizontal distance between the street line and the any principal building on the lot.

YARD, REAR

A yard extending across the full width of a lot measured between the side lot lines, being the minimum horizontal distance between the rear lot line and the rear of any principal building on the lot.

YARD, REQUIRED

Any yard as required by 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 located between the front and rear yards.

ZERO LOT LINE

A development configuration in which a building is sited along one or more lot lines with no yard. Such building may be freestanding or it may share a common wall with a zero lot line building on the adjacent lot.

ZONING ADMINISTRATOR

See "Code Enforcement Officer."

[Added 3-11-2010 by L.L. No. 12-2010]

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Union Vale as provided for in Article X, § 210-77, of this chapter.

ZONING DISTRICT MAP

The map delineating the boundaries of the various districts established under Article II of this chapter pursuant to § 264 of the Town Law and which may from time to time be modified pursuant to Article XI of this chapter and § 265 thereof, which map, along with the text, comprises this chapter.

ZONING ENFORCEMENT OFFICER

See "Code Enforcement Officer."

[1]

Editor's Note: The definitions of "Deputy Code Enforcement Official," as amended, and "Design Review Committee," which immediately followed this definition, were repealed 3-11-2010 by L.L. No.12-2010.

[2]

Editor's Note: The definitions of "excavation, major" and "excavation, minor," which immediately followed this definition, were repealed 3-11-2010 by L.L. No.12-2010.

Terms used principally within Article V, § 210-51, and Article VI, § 210-57, of this chapter pertaining to communication (personal wireless service) facilities and towers. The following terms pertaining to communication (personal wireless service) facilities and towers shall have the meanings indicated:

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 cell 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 transmitted signal is greater than -95 dbm. 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 -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 -95 dbm.

ANTENNA

A device attached to a tower or other structure for transmitting and receiving electromagnetic waves.

AVAILABLE SPACE

The space on a tower or other structure to which antennas of a personal wireless service provider are both structurally able and electronically able to be attached.

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 wireless service provider can be located on a single tower or other structure.

CHANNEL

The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.

COMMUNICATIONS EQUIPMENT SHELTER

A structure located at a base station designed principally to enclose equipment used in connection with personal wireless service(s) transmissions.

DBM

Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.

ELECTROMAGNETICALLY CAPABLE

The determination that the new signal from and to the proposed antennas will not significantly interfere with the existing signals from and to other facilities located on the same tower or other structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.

EMF

Electromagnetic frequency radiation.

FAA

The Federal Aviation Administration, the government agency responsible for regulating and ensuring the safety of air traffic in the United States.

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 services facility(ies) and required landscaping are located. Also known as "project site."

FCC

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

FCC 96-326

A report and order which sets national standards for levels of radio-frequency emissions from FCC-regulated transmitters.

GHZ

Gigahertz, a measure of the frequency of an electric or magnetic field equal to 1 billion Hertz.

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.

HERTZ

One Hertz is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.

MAJOR MODIFICATION OF AN EXISTING FACILITY

Any change or proposed change in power output, number of antennas, change in antenna 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.

MAJOR MODIFICATION OF AN EXISTING TOWER

Any increase or proposed increase in the dimensions of an existing and permitted tower or other structure designed to support personal wireless service(s) transmission, receiving or relaying antennas and/or equipment.

MHZ

Megahertz, a measure of the frequency of an electric or magnetic field equal to one million Hertz.

MONITORING

The measurement, by the use of instruments in the field, of the radiation from a site as a whole, or from the individual personal wireless service facilities, towers, antenna or repeaters.

MONITORING PROTOCOL

The testing protocol, initially the Cobbs Protocol but subject to state-of-the-art advances as technology changes, which is to be used to monitor the emissions from existing and new personal wireless service facility(ies).

MONOPOLE

A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal pole or a wooden pole, with below-grade foundations.

PERSONAL WIRELESS SERVICE FACILITY

All equipment [including any repeater(s)] with which a personal wireless service provider broadcasts and receives the radio-frequency waves which carry its services and all locations of said equipment or any part thereof. This facility may be sited on one or more towers or other structures owned and permitted by another owner or entity.

PERSONAL WIRELESS SERVICE PROVIDER

An entity licensed by the FCC to provide personal wireless services to individuals or institutions.

PERSONAL WIRELESS SERVICES

Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. These services include but may not be limited to any of the following:

Cellular services.

Personal communications services.

Specialized mobile radio services.