This chapter is adopted to regulate buildings, structures and land uses within specified districts or zones in the Town of Plattekill in the County of Ulster, to provide for the administration and enforcement of provisions herein contained and to fix penalties for violations.
This chapter shall be known and may be cited as the "Town of Plattekill Zoning Law."
The intent of this chapter is to establish a specific and detailed plan for the use of land in the Town of Plattekill based on the Comprehensive Plan, as it may be amended, and other studies and findings. This chapter is enacted pursuant to the Town Law of the State of New York, Chapter 62 of the Consolidated Law, Article 16, and the New York State Municipal Home Rule Law, to protect and promote public health, safety, morals, comfort, convenience and the general welfare of the people.
Such regulations are deemed necessary to further the advancement of the Town as a social, economic and political unit, to promote the general welfare and to achieve the following purposes:
A. 
Promoting orderly development, protecting the character and maintaining the stability of residential, business and agricultural areas, preventing the premature abandonment or collapse of present low-density land uses, such as agriculture and commercial recreation, and promoting the orderly and beneficial development of the Town.
B. 
Conserving and enhancing property value by designating zones or use districts in the Town for the various land uses and densities, based on accessibility, the presence or absence of limiting physical factors, the existence of compatible land uses and the overall economic development needs of the community.
C. 
Regulating the intensity of use of land consistent with the findings of Natural Resources Conservation Service studies identifying areas of extreme wetness and ponding, poorly drained organic soils, shallow depth to bedrock and slopes in excess of 15% as well as other limiting characteristics, such as the availability of water and sewers.
D. 
Accepting the Town's share of future regional population without constraint and to encourage population growth at a rate consistent with the Town's capacity to absorb such growth in an orderly manner.
E. 
Providing for a balanced variety of housing types in compatible residential environments for the full range of incomes, ages and family sizes of the Town's present and future population.
F. 
Regulating alterations of existing buildings to prevent additions, alterations or remodeling of existing buildings or structures that would not otherwise comply with these purposes and regulations.
G. 
Regulating the location of buildings for residential, commercial, manufacturing or other uses to accomplish other purposes of these regulations.
H. 
Prohibiting uses, buildings or structures that are incompatible with the character of development of the permitted uses within specified zoning districts.
I. 
Establishing reasonable standards to which buildings or structures shall conform and encouraging the highest standards of environmental balance within the Town in accordance with the objectives of the Comprehensive Plan.
In the interpretation and the application of the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of a building or requires larger open spaces, the provisions of this chapter shall apply.
A. 
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of the chapter, and words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building," the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; and the word "shall" is mandatory and not optional.
B. 
Words or phrases that are not otherwise defined under this section or elsewhere in this chapter shall have the meaning ordinarily conveyed by such terms. The Merriam-Webster Collegiate Dictionary may be employed by the Town for this purpose.
C. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A separate but secondary dwelling unit, created in conjunction with a single-family dwelling structure that serves as the residence of the owner, including, but not limited to "mother-daughter" units.
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ACTIVE ADULT RETIREMENT COMMUNITY
Housing intended and operated for occupancy by persons 55 years of age or older, as provided under 42 U.S.C. § 3607(b)(2)(C).
ACTIVE RECREATION
Activities that involve the exertion of physical movement on a regular basis to maintain health, fitness and well-being that require developed areas for organized or intense recreation. Facilities for active recreation may include athletic fields, buildings or structures for recreational activities, community gardens, courses or courts, children's play areas, maintained walking path, or a bike path.
[Added 6-15-2011 by L.L. No. 3-2011]
ADULT USE
A use of a building or land for a business which has obscene materials as a significant portion of its stock-in-trade. Obscene materials include any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter depicting, describing or relating to specified sexual activities or specified anatomical areas and which, taken as a whole, do not have serious literary, artistic, political or scientific value.
AGRICULTURE
The cultivation of the soil for food products, tree crops, other useful or valuable growths of the field or garden and also dairying and livestock raising. This definition is also intended to encompass all activities recognized as agriculture by New York State.
ANIMAL HOSPITAL
A facility where animals and pets are provided with veterinary care in combination with boarding for temporary periods.
AUTO SERVICE, REPAIR AND FILLING STATION
A building or place of business where gasoline, oil and grease, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade at retail and/or where vehicle repair service is rendered, not including a "convenience store."
BED-AND-BREAKFAST
See "boardinghouses and tourist homes."
BOARDINGHOUSES AND TOURIST HOMES
A dwelling unit occupied by a resident owner, or agent thereof, from whom a maximum of eight transient tenants rent sleeping space with or without provisions for meals. A bed-and-breakfast facility is considered to be included within this definition. A facility accommodating more than eight transient tenants shall be considered a hotel or motel, depending upon the circumstances.
BOND OR GUARANTEE, MAINTENANCE
Financial security in an amount acceptable to the Planning Board and in the form of cash, assigned deposits or an irrevocable letter of credit, collateral to the principal obligation of the owner, to secure or guarantee the proper maintenance of or to protect against defects in construction of improvements. The form of said bond or guarantee shall be approved by the Town Board, and the bond or guarantee shall remain in full force and effect for a period of time after completion of the improvements and until the bond or guarantee is released by resolution of the Town Board.
BOND OR GUARANTEE, PERFORMANCE
Financial security in an amount acceptable to the Planning Board and in the form of cash, assigned deposits or an irrevocable letter of credit, collateral to the principal obligation of the owner, to secure or guarantee the proper installation of or to protect against defects in construction of improvements. The form of said bond or guarantee shall be approved by the Town Board, and the bond or guarantee shall remain in full force and effect for a period of time after completion of the improvements and until the bond or guarantee is released by resolution of the Town Board.
BUILDING
A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING COVERAGE
That proportion of a lot that is covered by buildings, structures and other built improvements, excluding driveways and parking areas.
BUILDING HEIGHT
The vertical distance, measured from the average level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use or uses of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the lot on which the same is located.
BUSINESS PARK, PLANNED
Two or more business, commercial or light industrial establishments located on a site of not less than 10 acres and sharing certain facilities in common, such as parking, public utilities and open space. Activities may include the manufacture, assemblage, treatment or packaging of products when conducted without exceeding applicable state or local standards governing odor, noise, smoke, dust, glare or other undesirable environmental consequences. Ancillary or complementary retail activities associated with the principal use (e.g., outlet sales) shall also be permitted as part of a business park.
CAMPGROUND
Any parcel of land providing accommodations for temporary living purposes, but containing two or more paved or unpaved areas to be used for the parking of recreational vehicles, the erection of tents or the accommodation of other forms of temporary, portable or movable shelters. Temporary storage of recreational vehicles as provided in § 110-15H of this chapter shall not be considered a campground.
CAR WASH
A building or structure used for the commercial cleaning of automobiles and trucks.
CENTRAL SEWAGE SYSTEM
The collection and treatment of wastewater that utilizes physical, chemical and biological treatment processes and all appurtenances, with treated effluent that customarily discharges into a receiving surface water. A central sewage system may be privately owned, operated and maintained or owned, operated and maintained by a municipal sewer district and is subject to the permitting and operating regulations of the New York State Department of Environmental Conservation and the Ulster County Health Department. A communal sewage system is not considered to be a central sewage system.
[Amended 6-15-2011 by L.L. No. 3-2011]
CENTRAL WATER SYSTEM
The wells, reservoirs and reservoir sites, treatment plants, pumping apparatus, water mains, infiltration galleries, pipes and all appurtenances of a nonmunicipal or municipal water district and distribution facilities. A central water system shall be required for projects with five or more units using the same facilities. The system design, construction, operation and maintenance programs shall be approved by the New York State Department of Environmental Conservation, the State and/or County Department of Health and other required regulatory agencies.
CHANGE OF USE
Conversion of the use of a parcel of land or structure from one category of land uses regulated by this chapter to another, regardless whether or not construction is involved but excluding mere changes in ownership.
CLUBS, LODGES AND FRATERNAL ORGANIZATION
A private organization of voluntary membership organized to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a set of bylaws. Uses associated with such organizations shall be limited to eating, drinking, meeting and indoor recreation facilities.
COMMERCIAL
An activity or use carried out for financial gain.
COMMERCIAL COMMUNICATIONS TOWER
A structure including one or more antennas that is intended for transmitting and/or receives radio, television, telephone or microwave communications, but excluding those used either for fire, police and other dispatch communications or exclusively for private radio and television reception and private citizens bands, amateur radio and other similar communications.
COMMERCIAL INDOOR RECREATION AND ENTERTAINMENT
Any and all indoor amusement and recreation uses and associated facilities and structures used for sports and leisure activities on a fee basis, excluding adult uses.
COMMERCIAL USE OF LAND FOR THE OPERATION OF MOTOR VEHICLES
Any use of land where one or more motor vehicles are operated, including, but not limited to, off-road vehicles and motor vehicle racing, on any surface, including, but not limited to, pavement, dirt, snow, ice or natural terrain, for which an admission, donation, membership fee or any other financial remuneration is required, requested and/or suggested.
[Amended 2-21-2024 by Ord. No. 1-2024]
COMMUNAL SEWAGE SYSTEM
The collection and treatment of wastewater generated by two or more residences using a common subsurface soil absorption treatment system, either in-ground or fill or mound system, or a sand filter system or other approved soil absorption type treatment system and all appurtenances, that utilizes soil or other similar media to achieve final effluent treatment and disposal. A communal sewage system may be privately owned, operated and maintained or owned, operated and maintained by a municipal sewer district and is subject to the permitting and operating regulations of the New York State Department of Environmental Conservation and the Ulster County Health Department.
[Amended 6-15-2011 by L.L. No. 3-2011]
COMMUNICATIONS CENTER/TOWER
A facility erected on a lot or existing structure, and regulated by the Federal Communications Commission, for the purpose of conducting wireless communications.
COMMUNITY BUILDING
A facility used in common by a number of people, owned by a public or nonprofit agency, used for recreational or social purposes, without membership restrictions.
CONSERVATION SUBDIVISION
A land development or subdivision where lots or dwelling units are clustered closer together on a tract with the specific objective of creating large usable sections of open space on the remainder of the property and without substantially increasing density for the tract as a whole.
CONVENIENCE STORE
A retail store of 6,000 square feet or less offering general goods and services for travelers or the convenience of a neighborhood where gasoline may also be dispensed. A car wash may be part of the convenience store operation.
CEMETERY
A property used for the interring of the dead, excluding crematoriums.
CUL-DE-SAC
A permanent turnaround at the end of a dead-end street, constructed in accordance with Town of Plattekill Private Road Specifications.
DAY CARE (HOME CARE)
An adult or child day-care service conducted from the home as a Class II home occupation.
DAY CARE (COMMERCIAL)
An adult or child day-care service including, but not limited to, services offered by an employer, for the benefit of that employer's employees.
DRIVE-IN ESTABLISHMENT
A retail business or establishment engaged in the sale of food, nonalcoholic drinks, ice cream or similar confections, which are so prepared, packaged in paper or other types of disposable wrappers or containers, and served at counters either inside or outside the confines of a building, or to persons in motor vehicles, so as to be intended for immediate consumption by persons, either seated or standing, either within or outside the building, or in motor vehicles. Excluded from this definition shall be retail stores which sell confections or food intended for immediate consumption as incidental items.
DWELLING
A dwelling for a single-family whether in a single building or combined with other dwelling units in a single building.
(1) 
SINGLE-FAMILYA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
(2) 
TWO-FAMILYA property used for not more than two individual attached dwelling units entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
(3) 
MULTIFAMILYA building or portion thereof used or designed for three or more dwelling units.
(4) 
TOWNHOUSEDwelling, single-family attached (townhouses, group, row); a building containing dwelling units each of which has primary ground floor access to the outside and having a common or party wall separating the dwelling units.
DWELLING UNIT
On an individual lot, a building having a minimum width of 23 feet and not less than 768 square feet of floor area, consisting of one or more rooms, including areas within for cooking facilities and sanitation facilities. Width, as used herein, shall be exclusive of overhangs, cornices, eaves, stoops and all unenclosed additions, such as decks, porches or breezeways or any other addition which does not constitute a permanent, all-season addition to the unit.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health or safety or general welfare. Essential services shall include firehouse, first aid and emergency aid stations and community antenna television, whether provided by a municipal or nonprofit agency, but shall exclude cellular communications towers.
EXTRACTIVE USE
A use whose primary function is the sale of extracted sand, gravel, topsoil or any other natural deposit found in the ground.
FAMILY
Any number of persons living together as a single, permanent and stable nonprofit housekeeping unit, using all rooms in the dwelling and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together with sharing of food, rent, utilities or other household expenses. The Code Enforcement Officer may, in the instance of households or groups of more than four unrelated persons living together, require affirmative evidence that the household or group meets the other criteria contained herein before considering the household or group as a family for purposes of this chapter.
FARM
Any parcel of land of seven acres or more used principally in the raising or production of agricultural products and the necessary or usual dwellings, farm structures, storage and equipment.
FARM LABOR HOUSING
Any area of land and all buildings or other structures which are accessory to a farm, any part of which may be used as a dwelling for employees and their families, who gain their primary income from employment on the farm parcel. Farm labor housing shall be permitted as an accessory use.
FAST-FOOD RESTAURANT
A restaurant offering a combination of drive-in service and sit-down dining where customers place their orders at a counter or a drive-up or walkup window.
FENCE
A man-made structure designed to serve as a land border.
FLAG LOT
A lot with a lot frontage of no less than 25 feet and no greater than 50 feet in width, containing a narrow land strip access, the "flag pole," leading to the buildable rear portion of the lot, the "flag."
[Amended 7-21-2010 by L.L. No. 1-2010]
FLEA MARKET (COMMERCIAL)
A regularly scheduled or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.
FORESTRY USES
The growing and harvesting of trees, including firewood cutting and logging, but excluding sawmills and other manufacturing or processing operations.
FUNERAL HOME / MORTUARY
A structure occupied and used by licensed undertakers or morticians for burial/cremation preparation and funeral services, not including a crematory.
GREENHOUSE, PRODUCTION
A glass or plastic-sided, temperature-controlled structure designed and used for the commercial raising of crops for wholesale distribution.
HEALTH-CARE FACILITY
[Amended 6-16-2021 by L.L. No. 2-2023]
(1) 
A facility which provides an office or institution providing care or treatment of diseases, whether physical, mental, or emotional or other medical, physiological, or psychological conditions including but not limited to, hospitals, rehabilitation centers, or other clinics including: weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. These definitions shall include all waiting rooms, treatment rooms, private rooms, semiprivate rooms and wards within the health-care facility. Health-care facilities may provide hospice, in-person residences, dialysis treatment and assisted living residences.
(2) 
Support services in a health-care facility may include but shall not be limited to provisions of a common dining area/cafeteria, indoor and outdoor facilities or activities for education, recreation, or socialization, transportation, laundry and housekeeping services and personal care services such as pharmacy, salons/barber shops, small food services/retail facilities.
(3) 
Health-care facilities must be licensed by, certified or otherwise authorized or permitted by law to provide medical treatment in the State of New York.
HOME OCCUPATION
Any business or profession, conducted in a dwelling and/or accessory building, that is carried on by members of the household residing on the property, with or without nonresident employees, and that is clearly an accessory use in relation to the residential use of the premises. Home occupations are divided into the following classes:
(1) 
Class I (minimal impact): A home occupation whose base of operation is carried out within the principal residence, that does not involve the parking of any service delivery vehicles on site and that will not generate customer traffic, have nonresident employees, use an accessory building, receive deliveries by other than letter or parcel carriers or pose an environmental, safety or health hazard. Class I minimal impact home occupations are permitted accessory uses in all zones, requiring a permit from the Code Enforcement Officer.
(2) 
Class II: A home occupation whose base of operation is carried out within the principal residence and/or accessory building and which will generate customer traffic, have nonresident employees or receive deliveries, use an accessory building or outdoor storage or may have environmental, safety or health impacts. Class II home occupations shall only be authorized by a special use permit.
HOTELS
One or more buildings offering transient lodging accommodations on a fee or hire basis to the general public, and which provide rooms or areas for group assembly, essential kitchen area only and essential dining room within the building or in an accessory building. A hotel shall not constitute an individual or family's primary residence and shall not be construed to be a multiple dwelling. Hotels may contain accessory uses hereto which primarily are tended for use by such guests including but not limited to snack bars, recreational facilities or activities, and retail shops for the sale of souvenirs and sundries or which are intended for use by such guests, as well as the general public, including, but not limited to, meeting rooms, restaurants, and other dining facilities. The definition of hotels shall not include bed-and-breakfasts or rooms for rent in single-family residential structures.
[Amended 6-16-2021 by L.L. No. 2-2023]
INSTITUTIONAL USES
Nonprofit public or quasi-public institutions and uses, such as houses of worship, public schools, libraries, museums and municipally owned or operated buildings, structures or land, including public parks, used for public purposes.
INSTRUCTIONAL USE
An institution or organization not necessarily licensed or accredited as a school by the State of New York, which provides for the teaching of any skill or body of knowledge independent of a general curriculum of studies.
JUNKYARD
Consists of buildings, structures or premises where junk, wastes or discarded or salvage materials are bought or sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, but not including used cars in operable condition or the purchase or storage of used furniture and household equipment when carried on in completely enclosed buildings.
KENNEL
Any place at which there are kept four or more dogs over the age of six months for care, boarding, breeding or other purpose, whether or not a fee is charged.
LIGHT INDUSTRIAL USE
Any use involving the manufacture, assembly, processing or storage of materials, when conducted in an enclosed building without generating noise, glare, odor, smoke or other environmental nuisances perceptible beyond the property line.
LOT
A piece or parcel of land or assemblage of recorded contiguous parcels of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as are required by this chapter, and having access to a street.
LOT, CORNER
A lot abutting upon two or more streets at their intersections or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
LOT COVERAGE
That proportion of a lot that is covered by impervious surfaces, including buildings, structures, paved areas and other built improvements.
LOT DEPTH
The average horizontal distance between the front and rear lot lines. In the case of a flag lot, the minimum depth shall be measured from the rear property line of the flag lot to the front of the flag or buildable portion of said lot.
[Amended 7-21-2010 by L.L. No. 1-2010]
LOT LINES
The property lines bounding the lot.
(1) 
FRONTThe right-of-way line of the Town road or street providing access to the lot if such road or street is at least 50 feet in width. In cases where such street or Town road is less than 50 feet in width, the front line shall be considered to be 25 feet from the center line of such access road. In the case of a lot accessed from a private drive, the front lot line shall be the lot line toward which a building will face. In the case of a flag lot, the front lot line shall be the property line at the front portion of the "flag" portion of the lot, closest to the street which provides access to said lot.
[Amended 7-21-2010 by L.L. No. 1-2010]
(2) 
REARThe lot line opposite and most distant from the front lot line.
(3) 
SIDEAny lot line other than front or rear lot lines. A side lot line separating a lot from a street is called a "side street lot line."
LOT, THROUGH
A lot having frontage on two approximately parallel or converging public or private streets.
LOT WIDTH
The distance between two side lot lines measured along the front lot line where it abuts the right-of-way line of the road serving the lot. For lots fronting on a cul-de-sac, lot width shall be measured at the required building setback line (e.g., at a point 35 feet from the right-of-way line in the RS-1 District). Frontage shall be measured parallel with the right-of-way line. See § 110-12 for front yard (building setback) standards. In the case of a flag lot, the lot width shall be defined as the distance between the two side lines as measured at the line extending across the principal street side of the flag portion of the flag lot and along a line parallel with the adjacent front lot's rear property line.
[Amended 7-21-2010 by L.L. No. 1-2010]
MANUFACTURED (MOBILE) HOME
Any self-contained HUD-approved dwelling unit designed for long-term occupancy; containing sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; designed to be transported, after fabrication, on its own wheels or on a flatbed or other trailer; and arriving at the site where it is to be occupied as a dwelling complete. A sectional prefabricated house not subject to HUD approval shall not be considered a manufactured or mobile home.
MANUFACTURED (MOBILE) HOME PARK
Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
MEDICAL OFFICES
Offices or facilities including, without limitation, preventative or rehabilitative treatment, diagnostic services, testing and analysis but excluding inpatient services and overnight accommodations. Medical offices may include a testing laboratory as an incidental use to the facility.
[Amended 6-16-2021 by L.L. No. 2-2023]
MINIMAL IMPACT USE
A retail or service use that is otherwise classified as a special use, occupies less than 2,500 square feet of floor area and generates less than 100 trip-ends of traffic per day on average, not including auto-related enterprises, drive-in establishments, salvage yards, commercial recreational facilities, industrial uses, taverns, adult uses, convenience stores or any other use that would generate noise, odor, fumes, light, glare, vibration or other similar impacts beyond the property line of the lot. Minimal impact uses shall be allowed as principal permitted uses in specified zoning districts, but may be subject to site plan review as provided under the New York State Town Law (see the Schedule of District Regulations for such instances[1]).
MIXED-USE PROJECT
A building or lot that is used for more than one permitted use under this chapter (e.g., a retail store with an apartment above).
MOTEL
A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use primarily by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor inn," "motor lodge," "tourist court," "tourist cabins," or "roadside hotel," not including boardinghouses or bed-and-breakfasts.
MOTOR VEHICLE
Any vehicle propelled by an internal combustion motor or engine, including, but not limited to, motor vehicles defined by the state Vehicle and Traffic Law, snowmobiles, off-road vehicles, moto-cross vehicles, all-terrain vehicles, drag race vehicles, stock cars and motorcycles, whether or not legally permitted to operate on public streets.
[Added 2-21-2024 by Ord. No. 1-2024]
MOTOR VEHICLE RACING
Competition between one or more motor vehicles measured by speed, time or otherwise, conducted on any surface. The use of a motor vehicle for racing practice also constitutes motor vehicle racing.
[Added 2-21-2024 by Ord. No. 1-2024]
NEIGHBORHOOD STORE
A retail business establishment of not more than 1,500 square feet in floor area, located in a building which may include living quarters, not including a drive-in establishment, convenience store or gasoline sales.
NURSERY AND GREENHOUSE
An enclosed structure utilized for the growing of plants and horticultural products for commercial purposes.
NURSERY SCHOOL AND DAY CARE
(1) 
A facility that is not part of a single-family residence designed to provide daytime care or instruction for five or more children for more than two hours a day duly licensed by the State of New York.
(2) 
A facility that is part of a single-family residence designated to provide daytime care or instruction for 12 or more children for more than two hours a day duly licensed by the State of New York.
OFFICE, BUSINESS
A place offering business services, such as insurance or real estate services, excluding other uses specified on the Schedule of District Regulations.[2] However, any place of business may include an ancillary business office related to that use.
OFFICE, PROFESSIONAL
The office of an accountant, architect, attorney, dentist, engineer, physician or similar licensed activity, whether in a single-family house as a home occupation or in a professional office building.
OFF-ROAD AND/OR MOTOR VEHICLE
Motor vehicle, motocross, snowmobile, all-terrain vehicle (three wheels or four wheels, motorcycles, go-karts) or any motorized vehicle.
OPEN SPACE
Land that is left in its natural state for conservation purposes, including wildlife habitat and wildlife corridors; landscaped for aesthetic or scenic purposes; devoted to active or passive recreation; or used for the preservation of distinctive architectural, historic, geologic and botanical sites, but not stormwater management or sewage treatment and disposal facilities or recreation buildings and appurtenant recreation structures, unless specifically allowed otherwise in this Zoning Code and not impervious surfaces such as driveways, parking areas or paved areas not used for recreation.
[Added 6-15-2011 by L.L. No. 3-2011]
OUTDOOR RECREATION AND AMUSEMENT
Any and all outdoor amusement and recreation uses, parks and playgrounds and associated facilities and structures, when all or a substantial portion of such activity is outside a building or structure and is intended and shall include uses employing modification of the natural terrain such as the construction of slopes, slides, runs, paths, courses or other improvements to assist in the activity, as well as uses which leave the land in a passive or undisturbed state, excluding the commercial use of land for the operation of motor vehicles in all zoning districts.
[Amended 2-21-2024 by Ord. No. 1-2024]
OUTDOOR RECREATION, LIGHT
Trails, fishing and hunting preserves, nature preserves, picnic areas and other passive recreational facilities or programs taking place primarily outdoors, excluding off-road and motorized vehicle uses.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his or her apparel (e.g., barbershop, nail salon, beauty shop, dressmaker), but excluding other uses specifically listed on the Schedule of District Regulations.[3]
PLACES OF PUBLIC ASSEMBLY
Places where large numbers of individuals assemble on a regular or periodic basis for events, including but not limited to community buildings, clubs and places of worship.
PLACES OF WORSHIP
A building or structure, or groups of buildings or structures, that by design and construction is primarily intended for the conduct of organized religious services and accessory uses customarily associated with such uses.
PRESERVE, NATURE OR ANIMAL
An area of open space reserved for the keeping of animals or protection of plant species for public visitation on either a commercial or noncommercial basis, provided such areas are both fenced and managed to restrain any animal species.
PROFESSIONAL OFFICES
Buildings utilized by firms or organizations providing professional, executive, management or administrative services such as architectural, engineering, real estate, travel agency, insurance, investment, legal offices, or other providers of business or personal services excluding banks and medical offices.
[Added 6-16-2021 by L.L. No. 2-2023]
PUBLIC BUILDINGS
Buildings or structures owned or operated by a unit of Town, county, school district, state or federal government.
PUBLIC PARKS AND PLAYGROUNDS
Recreation areas that are open to the public and for which no fee or other consideration is charged or required except for such fee or fees as may be charged by a governmental body having jurisdiction over its use and management. No facility involving the use of motorized vehicles for recreation or amusement as a principal element of the operation shall be considered a public park or playground.
PUBLIC STREET
A Town, county or state highway.
PUBLIC TRANSPORTATION FACILITIES
Bus stops, taxi stands and train stations, but excluding airports, heliports and truck terminals.
RACE TRACK
Any ground, surface, area or track upon which one or more motor vehicles are used for motor vehicle racing or demonstration of skills and stunts.
[Added 2-21-2024 by Ord. No. 1-2024]
RECREATIONAL VEHICLE
A vehicular-type unit primarily designed as temporary living quarters for recreational camping, travel or seasonal use that either has its own motor power or is mounted on or towed by another vehicle.
RESIDENTIAL ZONING DISTRICT
A zoning district designated as RS-1, HR-1, RR-1.5, AG-1.5 or M-3.
[Added 4-19-2006 by L.L. No. 1-2006]
RESORT
An area of land on which is located a hotel or group of buildings containing living and sleeping accommodations for 20 or more persons, hired out for compensation and which has a public lobby serving guests and contains one or more dining rooms and one or more recreation facilities of such scope as to define the hotel as a recreational and tourist attraction in its own right (e.g., golf or ski area).
RESTAURANT (SIT-DOWN DINING)
An eating and drinking place where meals are primarily served for sit-down dining at the same location, excluding drive-in establishments as defined herein.
RETAIL BUSINESS OR SERVICE NOT OTHERWISE SPECIFIED
Retail or personal service establishments, such as appliance sales and service; banks; bakeries and food stores; barbershops and beauty parlors; book, card and stationery stores; candy and tobacco shops; dry goods and variety stores; florists and garden supplies; hardware stores; newspaper and periodical vendors; package liquor stores; photographic supplies, services and equipment; shoe sales and repair services; tailors and dress makers; wearing apparel stores; and similar uses.
SAWMILL
A machine or plant with power-driven machines for sawing logs into rough-squared sections or into planks and boards for commercial sale and not personal consumption. A sawmill may also be equipped with planing, molding, tenoning or other machines for finished processes.
(1) 
Type A: A sawmill operation which is located on any particular site, either temporary or permanent in nature, which processes less than 2,000 board feet of lumber per day.
(2) 
Type B: A sawmill operation which is located on any particular site, either temporary or permanent in nature, which processes more than 2,000 board feet of lumber per day.
SCHOOLS, COLLEGES AND EDUCATIONAL FACILITIES
Elementary and secondary schools and institutions of higher learning duly licensed by the State of New York, attendance at which fulfills the compulsory education requirements of the state or leads to the granting of diplomas from accredited educational institutions recognized by the State of New York.
SELF-STORAGE MINI-WAREHOUSE FACILITY
A building or structure containing separate storage spaces leased or rented on an individual basis.
SENIOR CARE COMMUNITY
Age-restricted (55+ years) communities of independent-living or congregate-care residential units, or any combination of these, that are accompanied by supportive care services in the activities of daily living, including, but not limited to, "continuing care retirement communities" and "life care communities," as these are often described where progressive levels of assistance with the activities of daily living are provided, but excluding motels, hotels, group homes, hospitals, clinics or alcohol and drug rehabilitation facilities.
SEWAGE TREATMENT PLANT
A plant in which sewage is treated in a facility and the system employs the biological, physical and chemical mode of treatment.
SIGN
A name, identification, description, display or illustration or any other visual display which is affixed to or painted or represented, directly or indirectly, upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN, DIRECTIONAL
A sign indicating the location and direction of premises other than those on which the sign is located.
SIGN, GENERAL DIRECTORY
A sign erected on a property to advertise multiple businesses or enterprises on site.
SITE PLAN
A rendering, drawing or sketch prepared to specifications and containing necessary elements as set forth in this Zoning Law and any other statutes, that shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
SITE PLAN REVIEW
Review of a site plan by the Town of Plattekill pursuant to § 274-a of the New York State Town Law. Site plan review is required for all special use permits, certain specific uses designated on the Schedule of District Regulations[4] and, upon referral from the Code Enforcement Officer, for certain other uses.
SPECIALTY SHOP
A small retail enterprise focusing on a particular class or type of food goods, such as a bakery, meat shop, delicatessen, fish store, tobacco shop, or similar store, not including any enterprise occupying more than 1,500 square feet of floor area.
SPECIAL USE PERMIT
A use which, because of its unique characteristics, is permitted in certain zoning districts and is subject to conditions and requirements imposed by the provisions of this chapter to assure that the proposed use is in harmony with said provisions and will not adversely affect the neighborhood if such requirements are met (see also § 274-b of the New York State Town Law).
STABLE, COMMERCIAL
The keeping of equines for remuneration or purposes of organized activities involving the activities of customers, guests, members or clients, including riding academies, boarding stables and similar uses, but excluding horse breeding farms subject to protection under the New York State Agricultural Districts Law.
STABLE, PRIVATE
The keeping of one or more equines in conjunction with a residential use where the animals are used for the enjoyment of the occupants, without remuneration or other organized activities involving the activities of customers, guests, members or clients.
STRUCTURE
Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports.
SUPERMARKETS
Those particular retail establishments, primarily selling food as well as other convenience and household goods, that happen to exceed 20,000 square feet in floor area. Other such establishments shall be simply be considered "retail and service establishments."
TAVERN
An eating and drinking place primarily oriented toward the sale of alcoholic beverages. Any eating and drinking place where less than 50% of the floor area is devoted to use for sit-down consumption of food and nonalcoholic beverages (excluding bar seating) shall be considered a tavern.
TOWN ENGINEER
The person duly designated as Engineer of the Town on a permanent or consulting basis.
TRIP ENDS
The total number of vehicular trips made to and from a site over the course of a designated period of time.
TRUCKING TERMINAL
An area and building where cargo is stored and where trucks load and unload cargo on a regular basis, with or without truck maintenance and repair facilities.
USABLE AREA
The area of a lot that is suitable for development. The usable area of a lot shall not include a percentage of those portions of the site that are covered by NYSDEC regulated water bodies or wetlands including regulated adjacent areas, federal wetlands, steep slopes in excess of 15%, rights-of-way of existing public or private roads and utility easements that would prevent the use or development of the underlying land in any manner, open water areas of ponds, lakes and rivers shall also be excluded from usable area.
[Added 6-16-2021 by L.L. No. 2-2023]
VETERINARIAN'S OFFICE
The office of a licensed veterinarian. Also, see "animal hospital."
WAREHOUSE
A building or group of buildings used for storage or storage and distribution by one or more commercial or business interests and are not open to the public. A warehouse shall not be construed to mean a self-storage facility. A warehouse shall not be permitted to have retail sales open to the general public.
[Amended 6-16-2021 by L.L. No. 2-2023]
WHOLESALE BUSINESSES
Establishments or places of business primarily engaged in selling merchandise to retailers, industrial, commercial or institutional users, or other wholesale businesses.
YARD
An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted.
(1) 
FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.
(2) 
REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
(3) 
SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[3]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[4]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.