A.
Word usage.
(1)
Unless the context clearly indicates the contrary:
(a)
Words used in the present tense include the
future; the singular includes the plural; and the plural the singular.
(b)
The word "person" includes a corporation, partnership
or other business entity as well as an individual.
(c)
The word "lot" includes the word "plot" and/or
"land."
(d)
The term "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."
(2)
The word "use" refers to any purpose for which a lot
or land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use; or erected,
reconstructed, altered, enlarged, moved or rebuilt with the intention
or design of using the same.
(3)
The word "structure" includes the word "building."
B.
ACCESSORY USE, BUILDING OR STRUCTURE
[1]
(1)
(2)
ACTIVE-ADULT, AGE RESTRICTED HOUSING
ACTIVE RECREATION
ADULT DAY CARE CENTER
ADULT LIVE ENTERTAINMENT
AFFORDABLE HOUSING
AFFORDABLE SENIOR LIVING AND CARE COMMUNITIES
AGRICULTURE OR HORTICULTURE
ALTERATION
ARCADE
AREA VARIANCE
BASEMENT
BED-AND-BREAKFAST
BILLBOARD
BUILDING
BUILDING COVERAGE
BUILDING ENVELOPE
BUILDING INSPECTOR
CAMP or CAMPGROUND
CELLAR
CONCEPT APPROVAL
CONVALESCENT HOME
COORDINATED BUSINESS PARK
COURT
COURT, DEPTH OF
COURT, HEIGHT OF
COURT, INNER
COURT, OUTER
COURT, WIDTH OF
DAY-CARE CENTER or DAY-CARE FACILITY
DEVELOPMENT COVERAGE
DOMESTIC ANIMAL
DWELLING, DWELLING UNIT
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT FOR NURSING HOMES, CONVALESCENT HOMES, SENIOR
LIVING AND CARE COMMUNITIES AND/OR AFFORDABLE SENIOR LIVING AND CARE
COMMUNITIES
ENHANCED ASSISTED LIVING RESIDENCE
ENRICHED HOUSING PROGRAM
ESTABLISHMENT
EXTERIOR ARCHITECTURAL FEATURE
EXTRACTIVE MINING, EXTRACTIVE MINING OPERATIONS
FAMILY
FARM LABOR HOUSING
FENCE
FILLING STATION
FILLING STATION - LIQUEFIED PETROLEUM GAS (LPG)
FLAT
FLOOR AREA
FLOOR AREA, LIVABLE
FLOOR AREA RATIO
FOWL
FRONTAGE, ROAD
GARAGE, PARKING
GARAGE, PRIVATE
GARAGE, REPAIR
GARAGE SALE
GREENHOUSE
HAZARDOUS MATERIAL
HEALTH CLUB
HEIGHT OF STRUCTURE OR BUILDING
HOME OCCUPATION
(1)
(2)
HOTEL
INDEPENDENT AND CONGREGATE LIVING RESIDENCES
JUNKYARD or SALVAGE YARD
KENNEL
KENNEL, BOARDING OR OTHER COMMERCIAL
KENNEL, OTHER
LABORATORY or RESEARCH INSTITUTE
LIVE ADULT ENTERTAINMENT
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE or BUILDING COVERAGE
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
MEMBERSHIP ORGANIZATION
MINING
MOBILE HOME OR HOUSE TRAILER SALES OFFICE AND/OR LOT
MOTEL, NONRESIDENTIAL
NIGHTCLUB
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONNUISANCE INDUSTRY
NURSERY SCHOOL
NURSING HOME
OFFICIAL MAP
OWNERSHIP, SAME
(1)
(2)
(3)
PARKING AREA
PARKING SPACE
PASSIVE RECREATION
PERMITTED USE
PERSON
PREMISES
PROHIBITED USE
QUARRY
RECREATION, ACTIVE
RECREATIONAL FACILITY
RECREATIONAL VEHICLE
RECREATION, PASSIVE
RIDING ACADEMY
ROADSIDE MARKET OR ROADSIDE STAND
SENIOR CITIZEN
SENIOR LIVING AND CARE COMMUNITIES
SHOPPING CENTER, LOCAL
SIGN
SPECIAL NEEDS ASSISTED LIVING RESIDENCE
SPECIAL USE
STABLE
STREET
STREET LINE
STRUCTURE
SWIMMING POOL, PUBLIC
TAVERN
USABLE OPEN SPACE
USE
USE VARIANCE
VARIANCE
WALL
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. Unless otherwise expressly stated, the
following terms are defined for the purpose of this chapter as hereinafter
indicated:
[Amended 9-2-2003 by L.L. No. 2-2003]
A subordinate use, building or structure customarily
incidental to and located on the same lot occupied by the principal
use, building or structure. The construction materials of an accessory
building or structure shall specifically exclude vehicles or parts
thereof, including, but not limited to, truck bodies.
The characteristics of a principal use on a
parcel, as compared to an accessory use, shall be determined by a
comparison of economic values of the land uses.
A planned community of dwelling units which is designed and
intended for and whose occupancy is limited to persons who are 55
years of age or older, including members of a household in which one
of the members is 55 years of age or older, provided that no household
member is less than 18 years of age. Common dining facilities, meeting
rooms, recreational facilitates and limited first aid treatment rooms
(infirmaries) may be included in this case. Active-adult, age-restricted
housing shall not include continuing care retirement communities,
assisted living facilities or nursing homes.
[Added 9-2-2003 by L.L. No. 2-2003]
See under "recreation, active."
A program for nonresidents of an adult home, residence for
adults or enriched housing program, provided pursuant to New York
Social Services Law, § 461-K, for the purpose of providing
personal care, supervision and other adult services which the facility
is authorized to provide to its residents, including but not limited
to activities, meals, information and referral, and transportation
services. An adult day program may be established and operated in
an enriched housing program with a valid operating certificate issued
pursuant to § 461-B of the New York Social Services Law
and the prior written approval of the New York State Department of
Health.
[Added 3-4-2013 by L.L. No. 1-2013]
See under "live adult entertainment."
Affordable housing units are owner-occupied or rental units
whose rental value is no more than 30% of the household's gross annual
income of households earning 80% or less of the Orange County median
household income, as determined by the New York State Division of
Housing from time to time.
Affordable dwelling units are rental units in a senior living
and care community whose rental value shall be determined on the basis
of the affordability standards promulgated by the United States Department
of Housing and Urban Development and the United States Department
of Agriculture.
[Added 3-4-2013 by L.L. No. 1-2013]
The cultivation of soils for food products or other useful
or valuable growths in a field or garden or within structures, exclusive
of facilities for display of products or on-premises marketing. "Agriculture"
shall also be deemed to include poultry or livestock production or
breeding, including the raising of cattle or other livestock for the
purposes of milk production. Agricultural or horticultural uses shall
also be deemed to include uses such as nurseries, greenhouses, orchards,
field crops, vineyards and any other cultivation of soils and natural
products thereof, as well as the keeping, breeding and raising of
cattle or other livestock. Horticultural uses shall be included under
the definition of agriculture.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter," in its
various modes and tenses and its participle form, refers to the making
of an alteration.
Any video, pinball or other game room with more than two
of either video, pinball or other games.
The authorization by the Board of Appeals for the use of
land in a manner which is not allowed by the dimensional or physical
requirements of this chapter, in accordance with Town Law § 267,
as from time to time amended.
A story partly underground but having less than half of its
clear height below the finished grade which abuts the exterior wall
of such building on all sides.
Accessory to a residential use, offering not more than three
(or other specified number) of transient use bedrooms of a home, which
is owned and occupied by the operator of the bed-and-breakfast establishment,
offering transient lodging with breakfast to travelers. Bed-and-breakfast
homes shall not be permitted to have either separate entrances nor
separate kitchens for transient use.
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 or only incidentally
sold, offered or existing upon such lot.
[2] Any combination of materials forming any construction,
except where entirely underground so as to permit the use of the ground
above the same as if no building were present. The term "building"
shall include the term "structure," in addition to the following:
The percentage of the area of the lot covered by a building
or buildings.
The area of a lot which lies within the lines described by
all of the required yard setbacks. The building envelope is the area
within which a principal structure may be constructed.
The official Building Inspector of the Town of Hamptonburgh.
Any parcel of land, with or without accommodations for temporary
living purposes, but containing two or more paved or unpaved areas
to be used for the parking of recreational vehicles (including travel
trailers), the erection of a tent or accommodation or establishment
of other forms of temporary, portable or movable shelter or occupancy,
where such forms of shelter are actually in use or intended for use
for temporary living purposes on such parcel of land, as distinguished
from the legal accessory parking of such unused vehicles on an occupied
residential lot.
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade, where
such grade abuts the exterior wall of such building which fronts on
any street. A cellar shall not be used in determining the permissible
number of stories.
A generalized, nonbinding approval which only addresses whether
an application appears to conform with zoning requirements; appears
to conform to the Master Plan; and appears to conform to the guiding
principles set forth in this chapter for considering applications.
A concept approval shall not vest any rights to an applicant and shall
not be considered to constitute an action pursuant to the State Environmental
Quality Review Act because such an approval does not commit any agency
of the Town of Hamptonburgh to a definite course of future decisions.
A building used for the accommodation and care of persons
recuperating from illness.
[Added 3-4-2013 by L.L. No. 1-2013]
A tract of land of at least 20 contiguous acres within the
industrial park and/or the industrial zone, developed in a comprehensive,
planned, parklike setting, which may provide for an additional increment
of supplemental land uses which would not otherwise be permitted in
the zone.
An open, unoccupied space, other than a yard, on the same
lot with a building. An offset to a court shall be deemed a separate
inner court for the purpose of determining its least dimension, its
area and the least dimension and area of the court to which it is
contiguous.
The maximum horizontal dimension at right angles to the width.
The greatest vertical distance measured from the lowest level
of such court, up to the roof of the building.
Any court which is not an outer court.
A court extending to a street, front yard or rear yard.
The horizontal dimension parallel to the principal open side,
in the case of an outer court; and the least horizontal dimension,
in the case of an inner court.
A place, person, association, corporation, institution or
agency that provides care for three or more children away from their
own homes for more than three hours and less than 24 hours per day,
per child therein. Such care includes services provided with or without
compensation or payment. See also "nursery school."
The percentage of a lot covered by buildings, parking areas,
accessory structures and any impervious materials.
Any of various animals, such as the horse or sheep, customarily
adapted to living in a tame association with humans. For purposes
of this chapter, more than three dogs six months of age or older on
a given lot are regulated separately. Small pets that are not customarily
adapted to being harbored outdoors, including, but not limited to,
canaries, gerbils and tropical fish, but specifically excluding dogs,
are not regulated for purposes of this chapter, except where the same
are harbored and/or bred on a large scale for commercial or laboratory
purposes.
One or more rooms containing complete housekeeping (i.e.,
cooking, living, sanitary and sleeping) facilities arranged for the
use of one family, having no enclosed space (other than vestibules,
entrance or other hallways or porches) or cooking or sanitary facilities
in common with any other dwelling unit. A house trailer, a boardinghouse
or rooming house, hotel, inn, lodging, nursing or other similar home
or structure shall not be deemed to constitute a dwelling unit for
purposes of this chapter.
A building or portion thereof containing more than two dwelling
units.
A detached building containing one dwelling unit only.
A detached or semidetached building containing two dwelling
units only.
An independent and congregate living residence, an enriched
housing unit, an enhanced assisted living residence and/or a special
needs assisted living residence.
[Added 3-4-2013 by L.L. No. 1-2013]
A dwelling that is established as a type of assisted living
residence, pursuant to the New York Public Health Law, Article 46-B,
for the purpose of providing advanced levels of personal care on a
long-term basis, including twenty-four-hour, on-site monitoring and
case management services in accordance with an individualized service
plan providing meals, housekeeping, laundry services, recreational
and social activities, wellness services and transportation, for adults
65 years of age and older, who suffer from physical disabilities,
chronic illnesses and diseases and conditions that involve a dependence
upon medical equipment. An enhanced assisted living residence may
only be operated by an enriched housing program that is so certified
by the New York State Department of Health.
[Added 3-4-2013 by L.L. No. 1-2013]
A dwelling that is part of an enriched housing program, established
as a type of adult care facility, pursuant to the New York Social
Services Law, § 461-B, for the purpose of providing long-term
residential personal care, supervision, meals, housekeeping, laundry
service, recreational and social activities, wellness services and
transportation, for adults 65 years of age and older who, though not
requiring continual medical or nursing care, are by reason of physical
or other limitations associated with age, physical or mental disabilities,
or other factors unable to live independently. An enriched housing
program may be operated only by the approval of and the issuance of
an operating certificate from the New York State Department of Health.
[Added 3-4-2013 by L.L. No. 1-2013]
A discrete place of business, with its furnishings and staff.
The architectural style and general arrangement of such portion
of the exterior of a structure as is designed to be open to view from
a public way, including kind, color and texture of building materials,
type of all windows, doors, lights, signs, pediments and other fixtures
appurtenant to such portion.
A facility for the extraction or removal of unconsolidated
minerals, such as topsoil, sand, run-of-bank (sand or gravel) or peat.
Pursuant to this chapter, extractive mining or extractive mining operations
are established as a distinct subclass of mine or mining operations.
One or more persons living together as a single, stable,
bona fide housekeeping unit, using all rooms and housekeeping facilities
of a dwelling unit in common. Any such number of persons shall not
be deemed to constitute a family if any one of such persons does not
have lawful access to all parts of said dwelling unit and/or if any
one or more of such persons leases or rents any separate portion of
such dwelling unit from any other person; except that, up to two additional
persons may room or board with a family, as long as they share the
use of all rooms and housekeeping facilities.
A building or other structure which is accessory to a farm
and/or an agricultural operation and is used as a dwelling for employees,
and their families, which employees may be full time or seasonal and
who, while residing within the farm labor housing, are primarily employed
working on the farm and/or agricultural operation.
[Added 11-9-2006 by L.L. No. 7-2006]
A barrier intended to enclose an area, customarily made of
posts and wire or boards.
A building or lot or part thereof supplying or selling retail gasoline or other equivalent fuel for motor vehicles direct from pumps and storage tanks. A filling station may, but only where specifically permitted in Article III, include accessory facilities for rendering service for motor vehicles, such as lifts for lubrication and major or minor repairs. A filling station may be self-service, where customers pump their own fuel, or it may have an attendant who pumps fuel. A filling station shall not be deemed to include liquefied petroleum gas filling stations, unless specifically so stated.
A parcel of land upon which a building and/or storage tank
for LPG is located, which facility is used to supply retail gas to
motor vehicles and portable gas storage tanks brought to the site.
Such a filling station may provide accessory facilities and services
for motor vehicles, equipment utilizing LPG and LPG tanks.
A dwelling unit, in a building containing more than one dwelling
unit, on one floor or story of such building.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot, as measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings, excluding cellar areas as defined herein, and excluding
basement areas used only for storage or for building operation and
maintenance.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars (as defined
herein), boiler rooms and basements having a window area of less than
10% of the square foot area of the room. Livable floor area shall
include all spaces not otherwise excluded in this definition, such
as principal rooms; utility rooms; bathrooms; all closets and hallways
opening directly into any rooms within the dwelling unit; and all
attic spaces having a clear height of at least six feet from finished
floor level to pitch of roof rafter with a clear height of seven feet
six inches from finished floor level to ceiling level over 50% of
the area of such attic space.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
Includes, but is not limited to, domesticated birds such
as chickens, ducks, geese, turkeys and pheasants raised in confinement.
The measurement of a lot along the street line contiguous
to the street right-of-way contained in the ownership of said lot.
The side of the lot designated as road frontage shall also be that
area of the road in which physical access is provided to the proposed
building.
[Amended 6-30-2004 by L.L. No. 2-2004]
A building, not a private garage as defined herein, used
for the storage of automobiles or trucks for profit, lease or other
fee and not used for making repairs thereto.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, nor space for more than one car leased to a nonresident
off the premises.
A building, other than a private or a parking garage as defined herein, used for adjustment, painting, replacement of parts or other major or minor repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use. A repair garage may be permitted with an accessory filling station, but only where specifically permitted in Article III. See also "filling station."
A sale of used household goods or personal articles, such
as furniture, clothes or decorations, held on the seller's residential
premises.
A glass- or clear plastic-covered enclosure for the growth
and protection of tender plants.
Any material defined by the United States Environmental Protection
Agency (USEPA) as hazardous or toxic due to its characteristics, including,
but not limited to, toxicity and/or mutagenicity, carcenogenicity,
teratogenicity, radioactivity, explosivity and flammability or other
such characteristics as the USEPA or its successors may revise from
time to time.
A for-profit or not-for-profit indoor or mixed indoor/outdoor
recreational and exercise facility, not intended primarily for therapeutic
uses, that may include such facilities as weight lifting equipment,
indoor or outdoor running tracks, swimming pools, tennis, squash or
racquetball courts, exercise machines such as treadmills, rowers and
the like, and accessory facilities such as saunas, showers and locker
rooms, but excluding such facilities as skating or roller rinks, indoor
or outdoor firearm ranges or any facility involving the use or discharge
of firearms, whether with or without live ammunition, and also excluding
video game rooms and other such indoor recreational activities. Golf
courses shall be excluded as accessories to a health club and shall
only be permitted in association with a health club as a separate
use where specifically permitted elsewhere herein.
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of such structure, excluding
a chimney.
[Amended 4-13-1999 by L.L. No. 1-1999]
Any gainful occupation that may customarily
be conducted within a single-family dwelling by the residents thereof
that is clearly secondary to the residential use, and that does not
change the principal character of the structure as a residence. A
home occupation may involve external changes to the dwelling. However,
the external changes shall not be of such an intensity as to alter
the principle character of the structure as a residence or adversely
effect the residential neighborhood. An application for a home occupation
must be submitted to the Town Building Inspector in such format as
may be prescribed by that office and must receive site plan approval
from the Town Planning Board.
Under no circumstances shall clinics, hospitals,
restaurants, retail sales, dealers or commercial kennels be permitted
as home occupations. It shall be impermissible to store any items
whatsoever utilized in connection with the home occupation either
outdoors or in a accessory structure.
A building or part thereof which has a common entrance, common
heating system and may or may not contain a general dining room and
which contains four or more living and sleeping rooms designed to
be occupied by individuals or groups of individuals for compensation.
A hotel shall not provide apartment dwelling units nor any nontransient
accommodation.
[3]A dwelling, multiple-family dwelling, one-family dwelling
or townhouse dwelling, for active seniors, 55 years of age and older,
who are not in need of assistance or personal care and supervision.
Residents of independent and congregate living residences shall be
provided with services and amenities, such as communal dining, housekeeping,
laundry service, a program of recreational and social activities,
wellness services and transportation.
[Added 3-4-2013 by L.L. No. 1-2013]
Any area of land or structure or part thereof which is used
primarily for the collecting, storage and/or sale of waste paper,
rags, scrap metal or other scrap or discarded material; or for the
collecting, dismantling, storage or salvage of machinery or vehicles
not in running condition or for sale of parts thereof. Two or more
motor vehicles stored outside of a garage without current registration
for a period of 60 days shall constitute a junkyard for purposes of
this chapter.
Any building, open area or other premises in which the maintenance or housing of more than three dogs that are six months of age or older takes place. For specification of the different types of kennels addressed pursuant to this chapter, refer to § 150-19C.
A kennel which offers boarding services for a fee or other
consideration, or a kennel in which animals are harbored for other
commercial or training purposes.
All other types of kennels not addressed under the category
of "boarding or other commercial kennel."
A building for testing of medical, biological or chemical
or other materials or for experimentation in pure and applied research,
design, development and production of prototype machines or of new
products and uses accessory thereto wherein products are not manufactured
primarily for wholesale or retail sale; wherein commercial servicing
or repair of commercial products is not performed; and wherein there
is no display nor sale of any material or products. A laboratory shall
meet the same performance standards as a nonnuisance industry.
A live performance by members of either sex which exposes
to view any portion of the pubic area, anus, vulva or genitals, or
any simulation thereof, or the exposing to view of any portion of
the breasts below the top of the areola, or any simulation thereof,
or any other similar sexually explicit live performance before a public
audience.
A parcel of land which is occupied or used or which is proposed
to be occupied or used by a building and its accessory buildings,
if any, together with the required open spaces appurtenant to such
building or group of buildings. A lot may or may not be the land shown
as a single lot on a duly recorded plat or other official record.
The total horizontal area included within lot lines.
A lot at the junction of and fronting or abutting on two
or more intersecting streets.
The percentage of the area of the lot covered by a building
or buildings.
Any lot other than a corner lot.
Any boundary of a lot.
The measurement along the street line along which the lot
fronts. Lots which have a front lot line on more than one street shall
have front yard setbacks for each of such front lot lines.
The lot line generally opposite to the front (street) lot
line. If the rear lot line is less than 10 feet in length or the lot
comes to a point in the rear, the rear lot line shall be deemed to
be a line drawn parallel to the front lot line not less than 10 feet
long lying farthest from the front lot line.
The lot lines generally perpendicular to the front (street)
lot line.
A lot extending from one street to another.
The dimension measured from side lot line to side lot line,
along a line parallel to the street line at the required minimum front
yard depth.
A group or organization formed to promote general civic,
social or other matters which is not conducted for profit. Examples
of such organizations include, but are not limited to, Lions Club,
Rotary, Veterans of Foreign Wars and such similar groups.
The excavation or extraction of mineral or other nonrenewable resources from the earth, including topsoil, rock, peat humus, other minerals, oil and gas, but excluding water, unless such water resource can be shown to be nonrenewable. Mining shall not include the excavation, removal and disposition of minerals from construction projects pursuant to a plan duly approved or a building permit duly issued pursuant to this chapter, nor shall it include excavations or grade changes for ponds, land drainage diversions or other agricultural soil conservation measures installed in accordance with a written conservation plan approved by the Soil Conservation Service for a bona fide agricultural use, nor shall it include routine minor grade changes or excavations made for the purposes of farming an active agricultural property (see also Article V, § 150-15E). See also definitions of "quarry and extractive mining" herein, established as two distinct classes of mining operations pursuant to this chapter.
[4]A use of land and improvements for the purpose of displaying,
storing and renting or selling mobile homes or house trailers, but
not including provision for mechanical or other services for these
dwelling uses.
A building or group of buildings used as individual sleeping
or dwelling units and designed primarily for transient automobile
travelers. The term "motel" includes buildings designed as tourist
courts, motor lodges, autocourts and other similar appellations, but
shall not be construed to include house trailers or mobile homes.
Such facilities shall not be used for long-term or nontransient living
facilities.
A facility that provides live music or other entertainment
and that may also incidentally serve food and alcoholic and other
beverages.
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure which does
not conform to the Table of Bulk Regulations of this chapter for the
district in which it is situated, regardless of the use to which such
structure is put.
[5]Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the Table of
Use Regulations of this chapter for the district in which it is situated.
[6]Any industry which is not detrimental to the environment
in which it is located by reason of the emission beyond the limits
of its lot of smoke, noise, odor, dust, vibration and/or excessive
light; or by reason of not generating excessive amounts of heavy truck
or other traffic with attendant hazards; or which does not include
any outdoor processing of materials or open accessory storage yards,
unless completely enclosed by a solid wall or fence not less than
six feet in height.
A nonpublicly operated nursery school or prekindergarten
school for groups of three or more children less than seven years
of age. A nursery school may be considered the equivalent of a day-care
center as defined herein; however, a nursery school may offer specific
educational instruction by qualified early childhood education staff
persons and/or may seek registration by the State Education Department
pursuant to § 125.1(b) of "Regulations for Voluntary Registration
of Nonpublic Nursery Schools and Kindergartens by the State Education
Department."
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; nursing
homes are staffed by nurses and have a physician on call.
[Added 3-4-2013 by L.L. No. 1-2013]
The Official Map, adopted and established by the Town Board,
of that part of the Town outside the limits of any incorporated village
showing the final and conclusive locations of streets, highways, parks
and/or drainage systems, including any references to other maps or
studies.
Includes all vested or contingent interests of any
person or his agent, representative, successor or assignee, and irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her
child, parent, sibling or spouse of sibling, heir or next of kin or
agent, corporation, firm, entity, partnership or unincorporated association.
Property owned by different corporations, firms,
partnerships, entities or unincorporated associations in which such
person is a stockholder, partner or associate or in which his or her
child, parent, sibling or spouse of sibling, heir or next of kin owns
a 10% or greater interest in such corporation, firm, partnership,
entity or unincorporated association.
When such person or his estate, successors or assigns or any person or entity included in Subsections (1) and (2) hereinabove may be materially or substantively affected by the relief sought or by any determination made in any proceeding brought before any board, body, commission or agency of the Town of Hamptonburgh, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
See "recreation, passive."
A specific main use of a building, structure, lot or land
or part thereof which is provided for pursuant to this chapter in
a particular district. Any use which is not specifically listed as
a permitted, special permit use or accessory use shall be considered
a prohibited use within the Town.
Any individual, firm, company, association, society, corporation,
partnership or group.
A tract of land with the buildings thereon.
[Added 9-2-2003 by L.L. No. 2-2003]
A use of a building or structure, lot or land or part thereof
which is not listed as a permitted, special permit use or accessory
use pursuant to this chapter.
A facility for the mining or extraction of consolidated or
hard-rock minerals. Pursuant to this chapter, a quarry is established
as a distinct subclass of a mine or mining operation.
Recreational pursuits generally characterized by vigorous
activity, including, but not limited to, baseball, basketball, soccer,
swimming, horseback riding, tennis, roller-skating and volleyball.
A profit or not-for-profit facility which is designed to
accommodate permitted recreational uses either indoors or outdoors.
A movable unit designed for short-term occupancy and frequent
travel, equipped with chassis and which may or may not be equipped
with one or more of the following mechanical systems and equipment:
plumbing, heating, electrical, cooking and refrigeration. A recreational
vehicle is not considered to be a dwelling unit for purposes of this
chapter.
Recreational pursuits generally characterized by a lack of
vigorous activity, including, but not limited to, bird-watching, walking,
hiking or jogging and playing of board games, such as chess, checkers
or backgammon.
Any establishment where horses are kept for the purposes
of training and instruction, riding or driving for a consideration;
or where horses are kept incidental to the operation of a homeowners'
association, club, hotel or similar establishment.
A temporary or permanent use of land, structure or building
on a farm by the farmer as an accessory sales outlet exclusively for
produce grown on his farm.
A person of or over a certain age, as defined according to
United States Department of Housing and Urban Development guidelines.
A planned community of dwelling units comprised of one, or
a combination of two or more of:
[Added 3-4-2013 by L.L. No. 1-2013]
One or more buildings situated on a minimum of two acres
containing retail stores, services, offices, eating, drinking or entertainment
establishments and accompanying on-site parking, loading and vehicular
and pedestrian circulation facilities, in accordance with a comprehensive
design.
Any display of lettering, logos, designs, colors, lights,
or illumination visible to the public from outside of a building,
which either conveys a message to the public, or intends to advertise,
direct, invite, announce or draw attention to, directly or indirectly,
a use conducted, events, goods, products, services or facilities available.
[Amended 9-2-2003 by L.L. No. 2-2003[7]]
A dwelling that is established as a type of assisted living
residence, pursuant to the New York Public Health Law, Article 46-B,
for the purpose of providing long-term residential care and social
activities, wellness services and transportation, to adults 65 years
of age and older, who suffer from dementia and other cognitive impairments.
A special needs assisted living residence may only be operated by
an enriched housing program that is so certified by the New York State
Department of Health.
[Added 3-4-2013 by L.L. No. 1-2013]
A use in one or more districts for which the Town Board may
grant a permit pursuant to the provisions of this chapter.
Any building or structure in which horses or similar large
animals are kept for boarding, remuneration, hire or sale.
Any federal, state, county or Town road or any street shown
upon a subdivision plat filed in the County Clerk's office.
The dividing line between a lot and a street or street right-of-way.
A combination of materials to form a construction, including,
but not limited to, stadiums; platforms; radio towers and receiving
antennae or other devices; satellite dishes; sheds; storage bins;
flagpoles; billboards and display signs; porches; and fences. A "structure"
may include anything constructed or erected on or under the ground
or upon another structure or building.
Any receptacle for water or an artificial pool of water,
and any accessory buildings and equipment pertaining thereto, operated
for profit or gain, and used or intended to be used for swimming or
bathing.
A facility whose primary business is serving alcoholic beverages,
but which may also serve other beverages and incidental food.
[8]An unenclosed portion of the ground area of a lot which is
not devoted to driveways or parking spaces; which is free of structures
of any kind of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet; and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation.
The specific purpose for which land or a building is used
or for which a building is used or occupied or maintained.
The authorization by the Board of Appeals for the use of
land for a purpose which is otherwise not allowed or is prohibited
by this chapter in accordance with Town Law § 267 as from
time to time amended. Additional dwelling units and/or buildings in
excess of such dwelling units and/or buildings permitted under this
chapter, shall be considered a "use variance."
A modification of the regulations of this chapter, granted
on grounds in accordance with Town Law § 267 as from time
to time amended.
A structure of wood, stone or other materials, or combination
thereof, intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials, as in
the cases of retaining walls or bulkheads.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front line of the lot and extending from side lot line to side lot
line.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
rear lot line of the lot, and extending from side lot line to side
lot line.
An open unoccupied space, on the same lot with a building,
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot and extending
through from the front yard or from the front lot line where no front
yard exists to the rear yard or to the rear lot line where no rear
yard exists.
[1]
Editor's Note: The definition of "abandoned
filling station, which immediately preceded this definition, was deleted
4-13-1999 by L.L. No. 1-1999.
[2]
Editor's Note: The definition of "Board,"
which immediately followed this section, was deleted 4-13-1999 by
L.L. No. 1-1999.
[3]
Editor's Note: The definition of "house trailer"
or "trailer," which immediately followed this definition, was deleted
4-13-1999 by L.L. No. 1-1999.
[4]
Editor's Note: The definitions of "mobile
home" and "mobile home court" which immediately followed this definition,
were deleted 4-13-1999 by L.L. No. 1-1999.
[5]
Editor's Note: The Table of Bulk Regulations
is located at the end of this chapter.
[6]
Editor's Note: The Table of Use Regulations
is located at the end of this chapter.
[7]
Editor's Note: This local law also repealed
the former definition of “sign area, “ which immediately
followed this definition.
[8]
Editor's Note: The definition of "trailer,"
which immediately followed this definition, was deleted 9-2-2003 by
L.L. No. 2-2003.
