All words used in this chapter in the present
tense include the future tense, all words in the plural number include
the singular, and all words in the singular number include the plural
number, unless the natural construction of the wording indicates otherwise.
The word "building" includes the word "structure." The words "occupied"
or "used" as applied to any building shall be construed as though
followed by the words "or intended, arranged or designed to be occupied
or used." The word "lot" includes the word "plot." The term "erected"
shall be deemed to also include "constructed, reconstructed, altered
or moved." The word "may" is permissive, and the word "shall" is mandatory
and not discretionary. The word "Town" means the Town of Wallkill
in the County of Orange, State of New York. The terms "Board of Appeals"
and "Planning Board" mean the respective Boards of said Town.
For the purpose of this chapter, certain words
and terms herein are defined as follows:
A permitted subordinate building which is clearly incidental
to, customarily in connection with and located on the same lot as
the principal building. Except for farm purposes, no accessory building
may be larger than 28 feet by 28 feet.
[Amended 12-11-1997 by L.L. No. 8-1997]
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
[Added 8-24-2006 by L.L. No. 10-2006]
All agricultural operations and activities related to a "farm
operation" as such term is defined in Section 301(11) of the Agriculture
and Markets Law (AML) or governed by the AML of the State of New York
and the guidelines and opinions issued by the New York State Commissioner
of Agriculture and Markets to the extent that such practices are consistent
with 6 NYCRR § 663.2 and not excluded thereby. Farm operation
is defined under the AML as "the land 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" as defined in subdivision 13 of this section.
Such farm operation may consist of one or more parcels of owned or
rented land, which parcels may be contiguous or noncontiguous to each
other."
[Added 12-9-2009 by L.L. No. 8-2009]
Any area of land which is used or intended for use for the
landing and taking off of aircraft; also any appurtenant areas which
are used or intended for use or other airport buildings and facilities.
A change or rearrangement in the structural parts of a building
or an enlargement, whether by extending to a side or by increasing
the height.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other in rental
units.
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 8-24-2006 by L.L. No. 10-2006]
Individual dwelling units, or partial units, designed and
constructed primarily for seniors and subject to management or legal
restrictions that require all units and partial units to be occupied
by persons 60 years of age or older providing long-term residence,
centralized cooking and common dining, housekeeping and personal care
and supervision as needed to five or more adults, unrelated to the
operator, who may or may not require some limited, continuing medical
care, meeting the requirements of Article 46-B of the New York State
(NYS) Public Health Law.
[Added 12-9-2009 by L.L. No. 8-2009]
Any car or truck.
See "motor vehicle junkyard."
A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations or ornamentations applied
to paper, plastic or fabric of any kind, excluding flags and insignia
of any government entity.
[Added 2-25-1988 by L.L. No. 4-1988]
The portion of a building that is partially underground which
has more than 1/2 of its interior height, measured from floor to ceiling,
above the average finished grade of the ground adjoining the building.
A basement shall be considered in determining the permissible number
of stories in a building.
A sign advertising products or uses not made, sold, used
or served on the premises displaying such sign.
[Added 4-14-1983 by L.L. No. 5-1983]
Any person who rents a room within a dwelling.
Any dwelling, other than a hotel or motel, in which four
or more persons are housed or lodged for compensation, with or without
meals. A rooming house or furnished house shall be deemed a boardinghouse.
The ground area of a lot which shall be left in its natural
state, or planted, as may be required by the Planning Board. Parking,
loading and storage is not allowed in a buffer area.
Lands, excluding water bodies, wetlands, areas subject to
flooding and ponding, including floodways as shown on National Flood
Insurance Maps, DEC-regulated or otherwise regulated buffer areas
around wetlands and water bodies, areas which have slopes of over
20%, and existing rights-of-way and easements.
[Added 12-9-2009 by L.L. No. 8-2009]
A structure wholly or partially enclosed within exterior
walls and a roof, affording shelter to persons, animals or property.
The total area of a lot covered by all buildings except for
patios and similar appurtenances.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The size and shape of buildings, structures and nonbuilding
uses; and the physical relationship of the exterior walls or construction
or their location to plot lines and other buildings or structures
or other walls or construction of the same building or structure;
and all open spaces required in connection with a building or structure.
Bulk regulations include, but are not limited to, regulations dealing
with lot area, lot area per dwelling unit, frontage, width, height,
depth, required yards, courts, usable open space and the length of
buildings in a row.
Any sign erected by a charitable or educational institution,
place of worship or quasi-public or public body, which is erected
upon the same property as said institution for purposes of announcing
events which are held on the premises.
[Added 2-25-1988 by L.L. No. 4-1988; amended 8-26-2021 by L.L. No. 6-2021]
Refers to and shall include any piece of land where a person
is buried, notwithstanding that the site may not be recognized as
a traditional cemetery.
[Added 12-12-2002 by L.L. No. 13-2002]
Any lot, including its area of land and water, on which are
located cabins, tents, shelters, pavilions, outbuildings, or other
accommodations of a design or character suitable for overnight, seasonal,
or other temporary living purposes, and in which instruction is provided
for activities of a recreational, secular, or religious nature, such
as physical fitness, sports, arts and crafts, religious study, or
educational instruction, either secular or religious, in all cases
primarily for children. This definition shall not include a day camp,
rooming house, tourist home, hotel, motel, summer colony, place of
detention, school, or nursery school.
[Amended 8-26-2021 by L.L. No. 6-2021]
A story partially underground and having 1/2 or more of its
clear height below the finished grade. A cellar shall not be considered
in determining the permissible number of stories in a building.
Any and all public, private, religious, historic and/or family
cemeteries where deceased persons are buried.
[Added 12-12-2002 by L.L. No. 13-2002]
A sign on which the message copy can be changed through use
of attachable letters and numerals or by electronic switching of lamps
or illuminated tubes.[1]
[Added 2-25-1988 by L.L. No. 4-1988]
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 8-24-2006 by L.L. No. 10-2006]
The removal of trees in an area not specifically designated
for construction of a building, road or other element which cannot
accommodate the presence of trees, does not have any planned regeneration
for the areas cut, and where the total cross-sectional area of all
remaining trees is less than 30 square feet per acre.
[Added 12-9-2009 by L.L. No. 8-2009]
Any activity that removes the vegetative surface cover.
[Added 8-24-2006 by L.L. No. 10-2006]
An organization catering exclusively to members and their
guests, including premises and buildings for social, recreational,
service or athletic purposes, which are not conducted primarily for
gain, provided that there are no vending stands, merchandising or
commercial activities except as required generally for the membership
and purpose of such club.
A residential subdivision in which the permissible number
of dwelling units that would result in a given district under conventional
application of this chapter is allowed to be constructed on a smaller
portion of the land in question. Such flexibility of design and development
of land shall be used to enable and encourage the most appropriate
use of land to facilitate the adequate and economical provisions of
streets and utilities and to preserve the natural and scenic qualities
of open lands, under the authority of § 281 of the Town
Law.
[2]Any establishment which receives a fee in return for the
provision of some recreational activity, including but not limited
to athletic and racquet clubs, amusement parks, auditoriums, bowling
alleys, conference centers, museums, performance theaters, pool or
billiard halls, and skating rinks. Commercial recreation uses include
facilities providing accommodations for individual or organized sports
such as sports arenas.
[Added 7-26-2007 by L.L. No. 15-2007]
A building or buildings, the dwelling units of which are
individually owned, each owner receiving a deed enabling him to sell,
mortgage or exchange his unit independent of the owners of the other
units in the building or buildings. There shall be no fee simple sale
of land involved.
A facility that combines private living quarters with centralized
dining services, shared living spaces, and access to social and recreational
activities primarily serving residents above the age of 55. Many congregate-care
facilities offer transportation services, personal care services,
rehabilitative services, spiritual programs, and other support services.
[Added 12-9-2009 by L.L. No. 8-2009]
Land area designated for permanent protection through a conservation
easement.
[Added 12-9-2009 by L.L. No. 8-2009]
An alternative method of property subdivision which allows
natural areas to be preserved as conservation land by permitting the
project to be constructed in a smaller area than would otherwise be
allowed.
[Added 12-9-2009 by L.L. No. 8-2009]
A conservation subdivision which may optionally be determined
by the Planning Commission to be low density because it protects 75%
or more of its land area with a permanent conservation easement and
seeks significantly lower density than permitted for a regular conservation
subdivision.
[Added 12-9-2009 by L.L. No. 8-2009]
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings.
A court which is closed on all four sides, thereby not extending
to a street, driveway, parking lot or required yard.
A court which is open on one side, thereby extending to a
street, driveway, parking lot or required yard.[3]
Any lot, including any buildings or structures thereon, if
any, used for assembly of persons for what is commonly known as "day
camp" purposes, including any area of land or water, or both, on which
are located facilities, accommodations, buildings and/or structures
of a design or character suitable for seasonal and/or recreational
purposes, providing instruction for activities of a recreational,
secular, or religious nature, such as physical fitness, sports, arts
and crafts, religious study, or educational instruction, either secular
or religious, in all cases primarily for children, but not including
any nursery school nor any living quarters except one principal single-family
dwelling on the lot.
[Amended 8-26-2021 by L.L. No. 6-2021]
A facility licensed by the New York State Department of Social
Services pursuant to § 390 of the Social Services Law. A
day-care center program provides for more than three hours and less
than 24 hours per day of care away from the child's home by an individual,
association, corporation, institution or agency for seven or more
children. A day-care center shall not include any of the following;
a day camp; an after-school program operated for the primary purpose
of religious education; or a facility operated by a public school
district.
[Added 12-27-1990 by L.L. No. 18-1990]
A road which is closed, looped or otherwise terminated at
one end with only one outlet to the public street network.
[Added 12-9-2009 by L.L. No. 8-2009]
The deliberate appropriation of property by its owner for
general public use.
[Added 8-24-2006 by Ord. No. 10-2006]
The New York State Department of Environmental Conservation.
[Added 8-24-2006 by Ord. No. 10-2006]
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
[Added 8-24-2006 by Ord. No. 10-2006]
A person who undertakes land development activities.
[Added 8-24-2006 by Ord. No. 10-2006]
See now "sign, directional."
Any sign constructed to provide light either through exposed
lighting on the sign face or through transparent or translucent material
from a light source within the sign.
[Added 2-25-1988 by L.L. No. 4-1988]
A sign that lists the names of two or more establishments,
persons or agencies which exist on a premises and is located in a
place or location common to all; it may consist of several components.
[Added 2-25-1988 by L.L. No. 4-1988]
Any place where more than five dogs, over six months old,
are harbored, boarded, bred and/or offered for sale.
As herein defined shall be limited to dogs, cats and rabbits.
[Amended 12-11-1997 by L.L. No. 8-1997]
A sign with copy on two normally parallel faces legible from
opposite directions.
[Added 2-25-1988 by L.L. No. 4-1988]
A parcel of land or portion thereof used primarily for the
disposal by abandonment, dumping, burial, burning or other means and
for whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A building designed for or occupied exclusively by two families
living independently from each other.
A building designed or used as the living quarters for one
or more families.
A series of attached one-family dwelling units, each unit
located on its own individual lot.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit only.
See "duplex."
A building or an 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, entrance or other hallways or porches),
cooking or sanitary facilities in common with any other dwelling unit.
A boardinghouse, dormitory, hotel, inn, nursing home or other similar
structure shall not be deemed to constitute a dwelling unit.
Any establishment whose principal business is the sale of
foods and/or beverages to the customer in a ready-to-consume state.
An institution which is solely supported by or dependent
on charity.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
[Added 8-24-2006 by L.L. No. 10-2006]
A hotel suite facility intended for short-term occupancy
of less than 60 consecutive days, with all rooms offered on a per-night
basis. A feature of all rooms is a kitchen, which shall include, at
a minimum, a full-sized refrigerator, microwave, sink and a built-in
cooking appliance such as a stove. In addition, laundry, exercise,
and meeting facilities shall be available on-site. Access to and from
all suites is made through an inside lobby or vestibule, supervised
by a person in charge at all hours; differentiated from regular hotels
or motels.
[Added 12-9-2009 by L.L. No. 8-2009]
One person, or two or more persons related by blood, marriage
or adoption, or not more than three persons not related by blood,
marriage or adoption, who live together in a single dwelling unit
and maintain a common household. This definition shall not be construed
to exclude a household which in every but a biological sense is a
single family.
[Amended 10-11-2012 by L.L. No. 7-2012]
An establishment where the principal business is the receipt,
disbursement or exchange of funds and currencies such as banks, savings
and loans, or credit unions.
[Added 7-26-2007 by L.L. No. 15-2007]
An illuminated sign on which artificial or reflected light
is not maintained stationary and constant in intensity and color at
all times when in use.
[Added 2-25-1988 by L.L. No. 4-1988]
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water, or abnormally high-rising lake
waters resulting from severe storms or hurricanes.
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year).
A land area adjoining a river, stream, watercourse or lake
which is likely to be flooded.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
See "floor area."
The quotient of the total floor area of a building divided
by its lot area.
See "poultry."
[4]A licensed establishment where deceased persons are prepared
for burial or cremation, where the body may be viewed, or where funeral
services are held.
[Added 7-26-2007 by L.L. No. 15-2007]
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, and provided that no more than one space therein is
leased to a nonresident of the premises.
Any garage, other than a private garage, available to the
public and operated for gain for the storage of motor vehicles.
A greenhouse.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline, oil or other fuel
for the propulsion of motor vehicles.
Any use of land, including any building or structure thereon,
that is used for the supply of gasoline, oil and other fuel for the
propulsion of motor vehicles, including polishing, greasing, washing,
servicing or repairing of motor vehicles, but excluding bodywork or
painting.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 8-24-2006 by Ord. No. 10-2006]
[Added 8-23-1990 by L.L. No. 13-1990]
The sum of the horizontal area of every floor
of a building designed for tenant occupancy and exclusive use, measured
from the exterior faces of the exterior walls and from the center
line of party walls separating the two units, including:
However, gross leasable area does not include
public or common areas, such as public toilets, corridors, stairwells,
elevators, machine and equipment rooms, lobbies or mall areas, whether
open or closed.
Housing designed for occupancy by groups of unrelated persons,
such as rooming houses, boardinghouses, dormitories, fraternity houses,
sorority houses, migrant labor houses, convents and monasteries.
A room in a hotel, motel, tourist home or other similar use
offered to the public for compensation, in which room no provision
is made for cooking and which room is used only for transient occupancy.
The vertical distance measured from the average elevation
of the finished grade along the side of the building or structure
fronting on the nearest street to the highest point of such structure.
An occupation or profession which:
Is customarily carried on in a dwelling unit.
Is conducted only by a member of the family
residing within the dwelling unit.
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes.
Is conducted wholly within the principal building.
In no way changes the character of the structure
as a residence.
In particular, a home occupation shall include,
but not be limited to, the following: arts and crafts studio; dressmaking;
office of a clergyman; author; accounting; teaching, including musical
instruments if limited to one pupil at a time; dance studio if limited
to four pupils at a time; barbershop; beauty parlors limited to one
operator; real estate broker; insurance broker; typist; and antique
shops.
An institution providing health services, primarily for inpatients,
and medical or surgical care of the sick or injured, including as
an integral part of the institution such related facilities and staff
offices.
A building in which lodging is provided and offered to the
public for compensation and in which ingress and egress to and from
all rooms are made through an inside lobby or office, supervised by
a person in charge at all hours.
A sign lighted by electricity, gas or other artificial light,
either from the interior or exterior of the sign.
[Added 2-25-1988 by L.L. No. 4-1988]
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 8-24-2006 by L.L. No. 10-2006]
The maximum area of a lot, expressed as a percentage of a
lot’s total area, which may be encumbered by structures and
impervious surfaces such as buildings, parking areas, and driveways.
[Added 7-26-2007 by L.L. No. 15-2007]
A family's total gross income from all sources, plus 10%
of all assets, excluding personal property.
[Added 2-25-1988 by L.L. No. 4-1988]
Any sign which is lighted from a light source that is separate
from the sign face or cabinet and is directed so as to shine on the
sign.
[Added 2-25-1988 by L.L. No. 4-1988]
See "manufacturing establishment."
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries, which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
[Added 8-24-2006 by L.L. No. 10-2006]
The process of percolating stormwater into the subsoil.
[Added 8-24-2006 by L.L. No. 10-2006]
A nonprofit corporation, or a nonprofit establishment, for
public use.
An area of land, with or without buildings, used for the
depositing, collection or storage, outside a completely enclosed building,
of used or discarded materials (including, but not limited to, wastepaper,
rags, scrap material, used building material, home furnishings, machinery
or parts thereof) with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. Any area of land on
which is found the materials described above shall be deemed a junkyard,
notwithstanding the fact that the professed use of the land is as
something other than a junkyard.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
[Added 8-24-2006 by L.L. No. 10-2006]
See "dog kennel."
A building or part of a building devoted to the testing and
analysis of any product or animal, including humans. No manufacturing
is conducted on the premises, except for experimental or testing purposes.
Any activity meeting the following conditions:
[Added 8-24-2006 by L.L. No. 10-2006]
Construction activity, including clearing, grading,
excavating, soil disturbance or placement of fill that results in
land disturbance of equal to or greater than one acre, or activities
disturbing less than one acre of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land development activities may take place at different
times on different schedules.
All redevelopment that includes the creation,
addition or replacement of impervious cover and/or land disturbing
activities of greater than 5,000 square feet.
An existing drainage system is altered, rerouted,
deepened, widened, enlarged, decreased or obstructed.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
[Added 8-24-2006 by L.L. No. 10-2006]
As herein defined shall be limited to sheep, horses, mules,
donkeys, cattle and goats.
[Amended 12-11-1997 by L.L. No. 8-1997]
An exterior off-street space available for the loading or
unloading of goods and having direct usable access to a street.
[Added 8-23-1990 by L.L. No. 13-1990]
A building, other than a hotel or motel, where lodging is
provided, without meals, for compensation.
A parcel of land which can be occupied or used by one principal
building or use, with its accessory buildings and required open space.
A lot at the junction of and fronting on two or more intersecting
streets. Such lots shall have two required front yards and of the
remaining two yards one shall be designated as a side yard and the
other shall be the rear yard.
The percentage of the area of the lot covered by all the
buildings on the lot.
The average distance from the front property line of the
lot to the rear property line of the lot.
Distance between the side lot lines, as measured 35 feet
from the road centerline and parallel to the street line.
[Added 11-30-2005 by L.L. No. 12-2005; amended 7-26-2007 by L.L. No. 15-2007]
Any boundary of a lot dividing it from another lot.
The lot lines generally opposite the front property line.
The distance between side lot lines, measured along the front
building line and parallel to the street line.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 8-24-2006 by L.L. No. 10-2006]
The manufacturing of products from raw or unprocessed materials.
Normal operations might include the use of heat, noise, or odor generating/producing
processes.
[Added 7-26-2007 by L.L. No. 15-2007]
An establishment or activity primarily engaged in manufacturing,
production or assembly which does not involve on the premises use
of heat, noise, or odor generating/producing processes which are detectable
off site. Includes the assembly, testing, repair and packing of components,
devices and equipment systems.
[Added 7-26-2007 by L.L. No. 15-2007]
Any establishment which utilizes a process whereby the nature,
size or shape of articles or raw materials is changed, or where articles
or raw materials are assembled or packaged in quantity.
A transportable one-family dwelling equipped for year-round
occupancy and containing the same type of water supply, waste disposal,
heating and electrical conveniences as immobile housing. The term
"mobile home" shall include vehicles mounted on temporary or permanent
foundations, with or without wheels, collars or skids in place.
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
dwelling purposes.
Any premises upon which mobile homes are placed for the purpose
of display or sale.
A family whose aggregate gross income from all sources, including
income of all family members at the time of application, but excluding
the earnings of working minors (under 21 years of age) who attend
school full-time, does not exceed the currently applicable maximum
income for their family size.
[Added 2-25-1988 by L.L. No. 4-1988]
A building composed of two or more sections, prebuilt off
site, transported to the site and assembled on permanent foundation
and bearing the insignia of approval issued by the New York State
Building Code Council.
A licensed establishment where deceased persons are prepared
for burial or cremation, where the body may be viewed, or where funeral
services are held.
[Added 7-26-2007 by L.L. No. 15-2007]
A building which contains living or sleeping accommodations
used primarily for transient occupancy and which has individual entrances,
from outside the building, to serve each sleeping unit.
Any motor vehicle no longer in condition for legal use on
the public highways.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage outside a completely enclosed
building of used or discarded motor vehicles, or parts thereof; with
or without the dismantling, wrecking, salvage, sale or other use or
the disposition of the same. A deposit or storage on a lot, vacant
or improved, of more than one motor vehicle, which is unlicensed and
not in condition for legal use on public highways, for a period of
more than two weeks in any district shall constitute a motor vehicle
junkyard.
Establishments engaged in the short-term rental or long-term
leasing of passenger cars, vans or trucks without drivers.
[Added 12-27-1990 by L.L. No. 18-1990]
A building used for the servicing and repair of motor vehicles,
including bodywork; such repair work shall be wholly within a completely
enclosed building.
A premises, including open area and showrooms enclosed within
a building, used for the display or sale of new or used motor vehicles,
provided that such establishment is a franchised dealer or a factory-owned
dealership.
A building or structure in which separate, independently
owned or rented and operated occupancies are contained.
[Added 2-25-1988 by L.L. No. 4-1988]
All occupiable area within the perimeter walls of each space,
excluding common areas, floor openings, stairs, elevator shafts, flues,
pipe shafts, vertical ducts, columns, balconies, mechanical spaces,
outdoor sales areas, cooking spaces, incinerating area, janitorial
closets, electrical closets, washrooms, exiting and service corridors,
storage, offices and such areas not available for the sale of merchandise
or service. Net floor area shall include outdoor sales areas and permanent
kiosk areas.
[Added 2-12-1998 by L.L. No. 2-1998; amended 5-29-1998 by L.L. No. 4-1998]
A building or structure, lawfully existing at the time of
the enactment of this chapter, which does not conform to the regulations
of the district or districts in which it is located.
The part of a building, structure or nonbuilding use which
does not conform to one or more of the applicable bulk regulations
of this chapter.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
[Added 8-24-2006 by L.L. No. 10-2006]
An instructional facility for preschool children, usually
between ages three and five, providing care for less than three hours
a day. Schools may hold two sessions daily.
[Added 12-27-1990 by L.L. No. 18-1990]
A facility licensed by the New York State Department of Health
which provides general long-term nursing care to those who are chronically
ill or unable to handle their own necessary daily living needs; NHs
are staffed by nurses, and have a physician on call.
[Amended 12-9-2009 by L.L. No. 8-2009]
Professional or government offices including accounting,
auditing, advertising agencies, architectural, engineering, planning,
and surveying services, attorneys, data processing and computer services,
doctors, dentists, veterinarians, and similar uses.
[Added 7-26-2007 by L.L. No. 15-2007]
A structure containing several rooms in which a person or
persons transact their business or carry on their stated occupations.
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed, provided that
an off-site sign may also display a noncommercial message.
[Added 2-25-1988 by L.L. No. 4-1988]
A sign which directs attention to a business, commodity,
service or entertainment or attraction sold, offered or existing on
the same lot where such sign is displayed, provided that an on-site
sign may also display a noncommercial message.
[Added 2-25-1988 by L.L. No. 4-1988]
Displays painted directly on a wall and designed and intended
as a decorative or ornamental feature and providing no advertising
of any kind.
[Added 2-25-1988 by L.L. No. 4-1988]
Painted areas which highlight a building's architectural
or structural features.
[Added 2-25-1988 by L.L. No. 4-1988]
Any parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land on the effective date of these regulations, which has a total area which exceeds the minimum requirements of Chapter 249, Zoning, and for which there exists the legal possibility of subdivision or resubdivision.
[Added 12-9-2009 by L.L. No. 8-2009]
An off-street space available for the parking of one licensed
motor vehicle on a transient basis and having direct usable access
to a street.
[Added 8-23-1990 by L.L. No. 13-1990]
Any individual, firm, company, association, society, corporation
or group.
An establishment which provides work done or duties performed
for humans, such as a barbershop, beauty parlor, tailor shop, dressmaker
shop, shoe repair shop, etc.
Any domestic animal that is kept or treated with affection
and may properly and safely be permitted within a dwelling unit.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 8-24-2006 by L.L. No. 10-2006]
An institution which is charitable, benevolent, generous
and humane; one that is interested in the general human welfare, especially
through gifts to charities and endowments for human advancement.
A building designed or adapted for use by a religious organization
for conducting formal religious services or religious assembly on
a regular basis, such as a church, synagogue, or mosque, including
administrative rooms and accessory buildings thereto. Places of worship
may include clergy offices and meeting rooms to be utilized for religious
gatherings and community services offered or sponsored by the place
of worship. This definition shall not include any land, building,
or structure where religious activity is performed that falls under
a different use as defined in this Chapter. Hence, where a religious
institution operates a school, the zoning provisions relating to a
school apply as opposed to the zoning provisions relating to a church,
place of worship or religious institution. Likewise, where a religious
institution operates a bible camp, the zoning provisions relating
to a camp apply as opposed to the zoning provisions relating to a
church, place of worship or religious institution.
A clustering of various and compatible residential land uses
and accessory commercial uses designed to work together as a single
development, typically owned by a single entity with customized development
regulations.
[Added 12-9-2009 by L.L. No. 8-2009]
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
[Added 8-24-2006 by L.L. No. 10-2006]
A sign not permanently affixed to the ground, a building
or other structure, which may be moved from place to place.
[Added 2-25-1988 by L.L. No. 4-1988]
Includes, but is not limited to, domesticated fowls, such
as chickens, ducks, geese, turkeys, pigeons, guinea hens and pheasants,
raised in confinement. Poultry shall not include rarities.
[Amended 12-11-1997 by L.L. No. 8-1997]
Land development activity.
[Added 8-24-2006 by L.L. No. 10-2006]
Land designated for special treatment as either conservation
land or reserved land.
[Added 12-9-2009 by L.L. No. 8-2009]
Any building held, used or controlled exclusively for public
purposes by any department or branch of government, federal, state,
county or municipal.
[Amended 12-9-2009 by L.L. No. 8-2009]
Sewage disposal systems accepted by the Town Board as meeting
the standards required for municipal operations and operated by the
Town of Wallkill. A district must be formed and accepted by the Town
Board.
Includes public utilities or public buildings.
[Added 7-26-2007 by L.L. No. 15-2007]
A business or service which is of public consequence and
need, such as electricity, gas, water or telephone service.
Water supply systems accepted by the Town Board as meeting
the standards required for municipal operations by the Town of Wallkill.
A district must be formed and accepted by the Town Board.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale.
A sign pertaining to the sale, lease or rent of the premises
or a portion of the premises on which the sign is located.
[Added 2-25-1988 by L.L. No. 4-1988]
The replenishment of underground water reserves.
[Added 8-24-2006 by L.L. No. 10-2006]
Leisure activities usually performed with others, often requiring
equipment and taking place at prescribed places, sites or fields.
Active recreation includes but is not limited to swimming, tennis
and other court games, baseball and other field sports, and playground
activities.
[Added 12-9-2009 by L.L. No. 8-2009]
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use which either has
its own motive power or is mounted on or drawn by another vehicle.
No such vehicle shall be wider than eight feet.
Recreational activities that generally do not require a developed
site. This generally includes such activities as hiking, horseback
riding, and picnicking.[5]
[Added 12-9-2009 by L.L. No. 8-2009]
Establishments primarily engaged in the provision of repair
services to individuals and households, but excluding automotive repair
use types. Typical uses include appliance repair shops, shoe repair,
or watch and jewelry repair shops.
[Added 7-26-2007 by L.L. No. 15-2007]
A facility which conducts studies and investigations in a
particular field of knowledge, which is undertaken to establish facts
or principals.
Land area or elements designated to be left undisturbed from
development and integrated into the design of the site as a special
feature within a conservation subdivision, though not necessarily
as part of the conservation easement.
[Added 12-9-2009 by L.L. No. 8-2009]
A building or part thereof which contains one or more dwelling
units for permanent occupancy, but not including a boardinghouse,
motel, hotel or summer colony.
A use devoted exclusively to the retail sale of commodities
directly to consumers.
See "lot frontage."
[Added 12-9-2009 by L.L. No. 8-2009]
A sign erected or maintained in whole or in part upon, against
or directly above the roof or parapet line of a building.
[Added 2-25-1988 by L.L. No. 4-1988]
A living room (as specified in § 4
of the New York State Multiple Dwelling Law) within a dwelling unit,
except that, for the purpose of determining lot area, requirements
for a habitable room shall not include any of the following:
As a guide, an efficiency apartment contains
one habitable room, a one-bedroom apartment contains two habitable
rooms, a two-bedroom apartment contains three habitable rooms, and
a three-bedroom apartment contains four habitable rooms.
An institution for the recuperation and treatment of persons
suffering from physical or mental disorders.
A year-round place for systematic instruction in any branch
or branches of knowledge, either primarily secular or religious.
[Amended 8-26-2021 by L.L. No. 6-2021]
A specialized instructional establishment that provides on-site
training of business, commercial, and/or trade skills such as accounting,
data processing, computer repair, hairdressing, or other similar activities.
[Added 7-26-2007 by L.L. No. 15-2007]
The blocking, shielding or concealment of views, vistas and
noise through a proper and well-designed scheme of planting trees,
shrubs, hedges or vines, or the installation of a fence approved by
the Planning Board.
Measures that prevent eroded sediment from leaving the site.
[Added 8-24-2006 by L.L. No. 10-2006]
An enclosed structure used exclusively for the temporary
indoor storage of personal materials and goods. The structure shall
contain multiple individual mini-warehouse units that are rented or
leased to the general public.
[Added 7-26-2007 by L.L. No. 15-2007]
A residential development owned by a public agency or private
nonprofit sponsor in which dwelling units are exclusively provided
for elderly persons, aged 62 or older, and other members of the households
which they head meeting the requirements provided in the US Department
of Housing and Urban Development (HUD) Fair Housing Act[6] and the Housing for Older Persons Act (HOPA) of 1995.[7]
[Added 12-9-2009 by L.L. No. 8-2009]
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
[Added 8-24-2006 by L.L. No. 10-2006]
An establishment which provides work done or duties performed
for others, such as maintenance, installation, repairs, etc., that
are provided by a dealer. (See also "personal service shop.")
A one-story structure, not to exceed 120 square feet used
for the storing of outdoor home maintenance and/or recreational equipment,
set upon no other permanent foundation than a concrete slab.
[Added 8-29-2002 by L.L. No. 7-2002]
A group of commercial establishments planned, constructed
and managed as a total entity, consisting of four or more separate
commercial establishments or 25,000 square feet or more of floor area,
with customer and employee parking provided on site, regardless of
whether said establishments occupy separate structures.
[Amended 2-25-1988 by L.L. No. 4-1988; 8-23-1990 by L.L. No. 13-1990]
Any identification, description, illustration or device,
illuminated or nonilluminated, which is visible to the general public
and directs attention to a product, service, place, activity, person,
institution, business or solicitation, including, but not limited
to, any emblem, painting, flag, banner, pennant or placard designed
to advertise, identify or convey information.
[Amended 2-25-1988 by L.L. No. 4-1988[8]]
Any sign which is designed solely for the purpose of traffic
or pedestrian direction and is placed on the property to which or
on which the public is directed and which contains no advertising
copy.
Any structure which supports or is capable of supporting
any sign. A sign structure may be a single pole and may or may not
be an integral part of the building.
[10]The quotient of the first floor area of a building divided
by its lot area.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Added 8-24-2006 by L.L. No. 10-2006]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
[Added 8-24-2006 by L.L. No. 10-2006]
The use of practices that prevent exposed soil from eroding.
[Added 8-24-2006 by L.L. No. 10-2006]
An order issued which requires that all construction activity
on a site be stopped.
[Added 8-24-2006 by L.L. No. 10-2006]
The holding or safekeeping of goods in a warehouse or other
depository to await the happening of some future event or contingency
which will call for the removal of the goods.
Rainwater, surface runoff, snowmelt and drainage.
[Added 8-24-2006 by L.L. No. 10-2006]
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxic substances than are found
in typical stormwater runoff, based on monitoring studies.
[Added 8-24-2006 by L.L. No. 10-2006]
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources, and the environment.
[Added 8-24-2006 by L.L. No. 10-2006]
One or a series of stormwater management practices installed,
stabilized, and operating for the purpose of controlling stormwater
runoff.
[Added 8-24-2006 by L.L. No. 10-2006]
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board, and inspect stormwater management
practices.
[Added 8-24-2006 by L.L. No. 10-2006]
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
[Added 8-24-2006 by L.L. No. 10-2006]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 8-24-2006 by L.L. No. 10-2006]
Flow on the surface of the ground, resulting from precipitation.
[Added 8-24-2006 by L.L. No. 10-2006]
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of the next higher finished
floor, or if there is no higher finished floor, then that part of
the building comprised between the level of the highest finished floor
and the top of the roof beams.
A dedicated public way which affords the principal means
of access to abutting properties.
The dividing line between a lot and a street.
Anything constructed or erected in a safe and stable manner,
the use of which requires location on, in or under the ground or attachment
to something having location on the ground. For the purpose of this
chapter, a fence shall not be considered a structure.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
[Added 8-24-2006 by L.L. No. 10-2006]
An artificially created body of water having a depth, at
any given point, greater than two feet, used or intended to be used
for swimming or bathing, and constructed, installed or maintained
in or above the ground.
A sign or advertising display constructed of cloth, canvas,
fabric, plywood or other light material and designed or intended to
be displayed for a fixed, usually short, period of time.
[Added 2-25-1988 by L.L No. 4-1988]
A building consisting of a series of noncommunicating one-family
sections, each owned in fee simple, having a common wall between each
two adjacent sections.
Any type of portable structure, whether on wheels, skids,
rollers, blocks or foundation supports, which is capable of being
used for living or sleeping purposes.
Any type of portable structure standing on wheels, skids
or rollers, towed or hauled by another vehicle and used on a construction
site to store materials and equipment, but not being used for living
or sleeping purposes.
[Added 2-25-1988 by L.L. No. 4-1988]
Any type of portable structure standing on wheels, skids
or rollers, towed or hauled by another vehicle and used for carrying
materials, goods or objects, but not being used for living or sleeping
purposes.
[Added 2-25-1988 by L.L. No. 4-1988]
Projecting sign placed at a ninety-degree angle to the building
facade of a business establishment and attached to the ceiling of
a canopy or covered walkway or attached to the storefront or building
facade to facilitate identification of the particular business establishment.
[Added 12-27-1990 by L.L. No. 18-1990]
The purpose for which buildings or land may be occupied and/or
utilized. Uses include activities such as residential, commercial,
industrial, educational, religious, recreational, etc.
[Amended 8-26-2021 by L.L. No. 6-2021]
A purpose or function for a building or land that is incidental, subordinate, and related to the principal use of the building or land, as provided for in § 249-8 of this chapter.
[Amended 8-26-2021 by L.L. No. 6-2021]
A parcel of land, which may include structures, used for
the display and sale of used automobiles and where no repair work
is conducted.
A use of a building and/or land which was lawfully established
at the time the use commenced but which does not conform to the present
use regulations for the district in which it is located. A nonconforming
use may be a principal use, an accessory use, or both.
[Amended 8-26-2021 by L.L. No. 6-2021]
The specific purpose provided by this chapter for which land,
buildings or structures may be used, occupied or maintained.
The primary purpose or function that a lot serves or is intended
to serve.
A specific use that is not permitted as of right in a zoning district, but for which a special use permit must be obtained as provided for in the regulations for a particular zoning district as stated in Articles V, VI, and VII of this chapter, and the permitting of which must be authorized by the Planning Board pursuant to §§ 249-38, 249-39 and 249-40 of this chapter.
[Added 8-26-2021 by L.L.
No. 6-2021]
Any device on wheels or runners, self-propelled or towed,
including, but not limited to, automobiles, trucks, motorcycles, trailers
of all types and snowmobiles.
A facility for the medical and/or surgical care of sick or
injured animals.
[Added 12-27-1990 by L.L. No. 18-1990]
An artificially created body of water having a depth, at
any given point, not exceeding two feet, used or intended to be used
for wading.
A building or part of a building for storing of goods, wares
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 8-24-2006 by L.L. No. 10-2006]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 8-24-2006 by L.L. No. 10-2006]
An establishment which generally sells goods in large quantities
and at reduced prices, especially the sale of goods to retailers who
in turn sell to consumers.
Open and unobstructed ground area of a lot, extending inward
from the lot line the distance specified in the regulations for the
district in which the lot is located.
The ground area between the street line and the front of
a building nearest the street line.
The ground area between the rear lot line and the rear of
the nearest building.
The ground area between any property line other than the
street line or the rear lot line and the nearest building wall, and
between the required front and rear yard.
[1]
Editor's Note: The former definition of "church," which immediately
followed this definition, was repealed 8-26-2021 by L.L. No. 6-2021.
See now the definition of "place of worship."
[2]
Editor's Note: Section 281 of the Town Law
was renumbered as § 278 by L. 1992, c. 727.
[3]
Editor's Note: The former definition of "cul-de-sac," added
1-13-2005 by L.L. No. 2-2005, and which immediately followed this
definition, was repealed 12-9-2009 by L.L. No. 8-2009.
[4]
Editor's Note: The definition of "freestanding
sign," which immediately followed this definition, was repealed 2-25-1988
by L.L. No. 4-1988.
[5]
Editor's Note: The former definition of "religious institution,"
which immediately followed this definition, was repealed 8-26-2021 by L.L. No. 6-2021. See now the definition of "place of worship."
[6]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[7]
Editor's Note: See 24 CFR 100.
[8]
Editor's Note: The definition of "sign area,"
which immediately followed this definition, was repealed 2-25-1988
by L.L. No. 4-1988.
[9]
Editor's Note: The definitions of "sign, ground,"
"sign, pole," "sign, projecting" and "sign, roof," which immediately
followed this definition, were repealed 2-25-1988 by L.L. No. 4-1988.
[10]
Editor's Note: The definition of "sign wall,"
which immediately followed this definition, was repealed 2-25-1988
by L.L. No. 4-1988.
