Austerlitz City Zoning Code
ARTICLE XV
Word Usage; Definitions
§ 195-57 Word usage.
Words and terms stated in the present tense include the future. The singular includes the plural, and the plural includes the singular, unless the context otherwise requires. The masculine gender includes the feminine and neuter genders. The term "shall" is mandatory and not directory, and does not indicate mere futurity, unless the context clearly so requires. The term "house" shall include "home." The terms "Board," "Zoning Board of Appeals," "Planning Board," "Code Enforcement Officer," "Attorney," "Clerk" and other designated boards and officers mean, respectively, such boards and officers of the Town of Austerlitz. The term "person" includes an individual, corporation, partnership, firm or other combination of persons. The term "lot" includes the term "plot." The term "building" shall mean "structure." The terms "occupied" and "used," as applied to any land or building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." Words not herein specifically defined shall have their ordinary dictionary meaning, as in Webster's New International Dictionary. Words and terms that are defined, but not listed in the Allowable Use Groups Chart in § 195-13, shall not be considered permissible uses simply by inclusion in this section.
§ 195-58 Definitions.
[Amended 5-18-2017 by L.L. No. 1-2017; 7-17-2025 by L.L. No. 3-2025]
Unless otherwise expressly stated in this chapter, the following terms, for the purpose of this chapter, shall have the following meanings:
A subordinate dwelling unit located either within a principal residential dwelling (or attached garage) or within an approved detached accessory structure on the same lot, not exceeding in gross either one-half the living space of the principal single-family dwelling or 1,000 square feet, whichever is less, and providing independent living facilities for one or two persons, including provisions for eating, sleeping, cooking and sanitation and having its own means of entry. There shall be no more than one such accessory dwelling unit on a single-family residential lot. An accessory dwelling unit shall not be subject to any additional density requirements and shall meet the requirements of habitable space as defined by the New York State Uniform Fire Prevention and Building Code. There shall be adequate parking at the residence for two additional vehicles. An accessory dwelling unit shall meet all setback provisions of this Zoning Code.
Any building or structure affixed to land or any movable structure in excess of 144 square feet and is incidental and subordinate to, and associated with, a permitted use.
Any use which is customarily incidental and subordinate to a permitted use and located on the same lot and under the same ownership.
This term shall include only the following:
AGRICULTURE, LABOR HOUSING — Housing located on a farm that is provided for an agricultural operation that meets the current definition for agriculture provided in the New York State Agricultural & Markets Law and that provides housing for laborers (and their families) working on the farm where the housing is provided. Such housing must be removed within 12 months from the time that it is no longer used for agricultural labor. |
AGRICULTURE RESEARCH/DEVELOPMENT LABORATORIES — Land and/or structures used for experimentation in pure or applied research, design, development and production of prototype machines or of new products specifically related to agricultural uses, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and wherein there is no outside display of any materials or products. |
AGRICULTURE, ON-FARM FOOD PROCESSING ACTIVITIES WITH WHOLESALE AND RETAIL TRADE AREAS — A facility used for the cooking, dehydrating, refining, bottling, canning, or other treatment of agricultural products which prepares the naturally grown product for consumer use. It may include wholesale and retail as secondary uses. |
AGRICULTURE, RETAIL SALE OF FARM, NURSERY, AND RELATED PRODUCTS — An establishment whose primary purpose is the retail sale of farm, nursery, and related products, including but not limited to fruits, vegetables, and plants and where the establishment is not located on a working farm (includes farmers markets and farm stands). |
AGRICULTURE, TOURISM ACTIVITIES ON ONGOING FARM OPERATION — Land and/or structures utilized for agriculture-related tourism for visitors or residents, with the purpose of providing additional revenue to the primary establishment. This includes but is not limited to pick-your-own operations and special seasonal events. |
AGRICULTURE, WAREHOUSING/WHOLESALING FARM/NURSERY PRODUCTS — Land and/or structures utilized for the storage of agricultural produce whether for the owner or for others. |
An enterprise in which activities include the cultivation of food, fiber or horticultural crops or the raising of livestock or poultry, in accordance with the New York State Agriculture and Markets Law. Accessory uses which are directly related to the agricultural use such as equipment storage and repair for equipment used on the farm and the on-site retail sale of produce grown on the farm shall be considered part of such agricultural use.
Any modification or rearrangement to a building, other than repairs or additions, any modification in construction or in building equipment or the moving of a building or structure from one location to another.
The use of a building or structure, or portion thereof, for providing care for animals that are not pets or livestock of the occupants of building or structure where the provision of care takes place. This term includes services for the care of animals where the services are primarily performed inside an enclosed building or structure such as veterinary and breeding services. The total amount of animals present on premises at any one time shall be no more than 12 animals.
The use of any building, structure or land, or portion thereof, for providing care for animals that are not pets or livestock of the occupants of building, structure, or land where the provision of care takes place. This term includes services where the care or keeping of animals occurs outside of a completely enclosed building or structure for a significant portion of time each day. For purposes of this definition a structure which is utilized for the housing of dogs or other animals such as a kennel is not considered a completely enclosed building or structure. This term includes, but is not limited to, veterinary, boarding, breeding, cremation, rescue, and rehabilitation services, whether or not for compensation or a fee. The total amount of animals present on premises at any one time shall be no more than 25 animals except for rescue and rehabilitation of livestock or horses that is located on a farm.
A device which transmits and/or receives radio frequencies, telecommunications signals or electromagnetic waves.
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family or household that is located above, attached to, or on the same parcel as, a commercial use.
Land in the floodplain subject to a 1% or greater chance of flooding in any given year.
A place, whether in a building or outdoors, where custom-made art, designs, sculpture, or craft products are displayed for viewing by the public or for sale.
A place, whether in a building or outdoors, where one or more individuals produce custom-made art, designs, sculpture, or craft products. This term also includes any business that processes, fabricates, assembles or disassembles items for sale, resale, or distribution on a relatively small scale such as a furniture, cabinet or woodworking shop.
The flood having a 1% chance of being equaled or exceeded in any given year.
The stream discharge from groundwater runoff.
An owner-occupied dwelling used for overnight accommodations for lodgers and providing breakfast to lodgers only. Not more than four rooms shall be available for lodgers.
Operational guidelines or methods for resource users, usually established at the state or federal level, to ensure the responsible management of resources and to mitigate harm to the environment that might result from their disturbance.
See "Structure."
The vertical distance measured from the lowest point of the existing grade, prior to site disturbance, within five feet of any primary building footprint, to the uppermost portion of the structure. "Building height" should not include the foundation, if such foundation is above ground level when a building is on a slope.
The point from which all yard requirements are measured and which is determined by a line formed by the intersection of a horizontal plane of average grade level and a vertical plane that coincides with the exterior surface of a building on any side. In the case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface.
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
Premises used for recreational assembly of persons without overnight stays and commonly called day, resort or summer camps. Youth or summer camps sponsored by the Town of Austerlitz are exempted from regulations pertaining to a camp.
Any recreational vehicle or trailer or other temporary dwelling accommodation that is moveable. A camper may be stored on a residential property and may be used for temporary living accommodations that do not exceed occupancy for more than 30 consecutive days and no more than 60 days in total during any one calendar year. An exception to this restriction is when a camper is used as temporary living accommodations for owners of residential property during on-site construction of an approved dwelling for up to nine months. Any use of a camper shall comply with all rules and regulations governing the proper disposal of sanitary waste.
Premises which provide temporary accommodations to transient guests where the premises are used for parking or location of tents, campers, recreational vehicles and other portable shelters The term campground shall also include premises with a number of cabins, cottages or micro-homes.
An impervious inlet structure for the collection of stormwater equipped with a sump to trap sediment.
Land used or intended to be used for the burial of persons for public or private cemetery purposes.
A silvicultural practice in which most or all trees greater than two inches diameter breast height (DBH) are harvested from a site. Clear cuts are generally used to meet identified management objectives for regenerating specific species of trees (which require full sunlight), but may also be used to improve wildlife habitat, salvage storm- or insect-damaged stands or convert poor-quality forest stands to stands with higher quality stock.
Grouping or concentrating physical structures (buildings) on lots smaller than those permitted by the existing zoning to preserve open space without increasing the allowable density of the development.
That town employee or official appointed by the Town Board and charged with the responsibility of administering and enforcing this chapter. This person may also be charged with administering and enforcing other related regulations pertaining to the development and the use of land in the Town of Austerlitz.
Any activity or use of land that involves or proposes the extraction, excavation, stripping, grading or filling of mineral resources (including but not limited to sand, gravel, rock, stone or soil) from the earth on a parcel of land (or contiguous parcels of land) in an amount more than 1,000 tons or 750 cubic yards, whichever is less, for a consecutive 12-month period or for uses other than, that set forth in Article IV, § 195-14M. This use is prohibited in all land use districts throughout the Town of Austerlitz.
Any site containing equipment used in connection with the commercial operation of wireless communications services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. Section 332 (c)(7)(C), or as hereafter amended to transmit and/or receive frequencies, including, but not limited to, antennas, monopoles, relays or repeaters, equipment, appurtenances and structures.
Any communication facility that is attached to, utilizes or co-locates on, an existing tower, structure or building.
The use of, or storage within, buildings or on land of trucks, equipment and other types of contractor or construction tools and equipment that are utilized for a contractor's business as well as materials used for such business.
An establishment whether in a residential or non-residential building, with or without staff members, enrolling three or more children and where tuition, fees, or other forms of compensation for the care of children is received.
Any building, construction, expansion, alteration, modification, demolition or other activity, including land clearing and commercial timber harvesting in excess of thresholds established herein, land disturbance, grading, roadway construction or expansion, mining or mineral extraction, which materially changes the use or appearance of land or a structure, or the intensity of the use of land, or the creation of a subdivision which may result in such activity, but not including interior renovations to a structure, a change in use of a structure which results in no land disturbance.
Any parcel of property or lot or combination of contiguous lots which are in common ownership, or which are in diverse ownership where development is to occur in common. For the purposes of this chapter, contiguous lands shall include those separated by a public highway.
The diameter of any tree trunk, measured at 4.5 feet above existing grade.
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family or household.
A single building on a single parcel of land consisting of not less than three and no more than four dwelling units, excluding timeshare dwellings.
A detached building (including a mobile home) of one or more stories in height, above main grade level, which is designed or used exclusively as living quarters for one family or household.
A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
Any gathering planned or held in a structure or on land or a combination of both, for: (1) any form of compensation or renumeration, (2) more than 25 people that is open to, or promoted to, the general public, with or without any form of compensation or renumeration, or (3) available to more than 25 people within an organization or institution (e.g. members or donors) with or without any form of compensation or renumeration. An event may be for a specific celebratory, recreation, food service, entertainment, cultural, political or educational purpose or purposes such as concerts, festivals, reunions, wedding receptions or other similar activities. Events are prohibited throughout the Town except as approved by the Town Board pursuant to Article IV, § 195-25.2 of this chapter. This term does not include gatherings on a residential property held exclusively for the property owner's family or friends or gatherings otherwise specifically allowed as part of the allowed use of the structure or land. This term also does not include meetings or hearings conducted by a governmental board or committee.
Any building, structure, or land, or portion thereof, utilized for the purpose of holding regular meetings, gatherings or events for multiple persons with or without monetary consideration. Examples include, but are not limited to: conferences, meetings, or gatherings, with or without music or other entertainment. This term does not include personal or family gatherings on residential property which do not occur on a repeated basis.
One or more persons occupying a premises and living as a single housekeeping unit.
A property that is currently used for recognized agricultural purposes and currently meets the requirements for an agricultural exemption for real property tax purposes.
A general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.
A vehicle, trailer, or other transportable equipment where food or beverages are prepared in such vehicle, trailer or equipment at a temporary location and provided to patrons. Food trucks are prohibited except where they are utilized as part of an allowed event.
Any premises where food and/or beverages are commercially sold for on-premises or off-premises consumption. Drive-thru accommodations are prohibited. Food trucks are also prohibited except where they are utilized as accessory to an allowed event.
A plan that provides for the identification and application of resource specific managerial and/or structural best management practices designed to enhance forest productivity and economic viability as well as to mitigate potential adverse environmental impacts of commercial timber harvesting activities.
The portion of a parcel of property that is located between the principal structure and the frontage road.
The public or private road that provides the principal means of access to a parcel of property.
A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable space.
An occupation or profession, carried on within a dwelling unit or an accessory structure that meets required setbacks, and which is clearly incidental to the use of the property for residential purposes and does not change the character or outward appearance thereof. A Level 1 home occupation is allowed by zoning permit in all zoning districts provided all aspects of the home occupation meets the requirements set forth in Article VII, § 195-27.
An occupation or profession, carried on within a dwelling unit or an accessory structure that meets required setbacks and that exceeds the thresholds or restrictions for a home occupation, Level 1. A home occupation, Level 2 is allowed by special use permit in all zoning districts provided all aspects of the home occupation meets the requirements set forth in Article VII, § 195-28.
A homeowners' association owns and operates the areas and facilities common to a development. Membership in a homeowners' association entitles participating or affected lot owners to the use of certain commonly used or owned facilities of a development, that may include recreational facilities, roads, parks and/or similar amenities. The terms of incorporation or agreement provide for the administration of such common facilities, the rights and liabilities of participating owners and may include cost sharing of the operation, maintenance and replacement costs of these facilities and amenities.
A homeowners' association owns and operates the areas and facilities common to a development. Membership in a homeowners' association entitles participating or affected lot owners to the use of certain commonly used or owned facilities of a development, that may include recreational facilities, roads, parks and/or similar amenities. The terms of incorporation or agreement provide for the administration of such common facilities, the rights and liabilities of participating owners and may include cost sharing of the operation, maintenance and replacement costs of these facilities and amenities.
Any premises or land where members of the public are invited for a fee or other renumeration of any kind, to hunt on said premises or land. This term does not include a landowner inviting friends or family to hunt on its land without a fee or other renumeration.
Activities involving the use of land or buildings by governmental, public safety, emergency services, historical, cultural, educational or religious entities. This term shall not include using such buildings or land for events which are separately addressed in this chapter. Institutional uses shall not include any uses which are prohibited in the Town, or any uses that otherwise require a zoning permit or approval unless that particular permit or approval is obtained.
A non-sustainable practice in which trees and other vegetation are cleared from a property in preparation for development.
Grading, digging, cutting, scraping, excavating, removing of soil, placement of fill, paving or otherwise covering, construction, substantial removal of vegetation, replacement of natural vegetation with lawn or other man-made vegetation, demolition or other removal of man-made features, or any activity which bares soil or rock. For purposes of calculating the square footage affected by any development in order to determine a project's classification, all affected areas of the development site shall be considered in aggregate whether or not the affected areas are contiguous.
The proposed use to be made of the affected land as described in the site plan review application.
The use of, or storage within, buildings or on land of vehicles, tools, equipment and materials that are utilized for a landscaper's business.
Animals kept for propagation or the creation of products, for human or animal consumption, or for any purpose including as pets, such as but not limited to horses, dairy and beef cattle, pigs, sheep, goats, deer, llamas, alpacas, emus, ostriches, chickens, ducks, geese, rabbits, and similar animals and birds.
Any use of a building, in whole or in part, for one or more overnight accommodations of guests or visitors for compensation or other consideration. Said term includes, but is not limited to, the following uses: hotel, motel, group home, boarding, lodging, or rooming house. Excluded from this definition are bed and breakfast and short-term rentals of residential dwellings or residential accessory buildings which are separately addressed in this chapter.
See "commercial timber harvesting."
An area of land all parts of which are owned by the same person(s) or entities and having definitive boundaries that were established either by the recording of a deed prior to the first adoption of subdivision regulations by the Town or by the filing of an approved subdivision plat, except to the extent that such boundaries may have been altered by an approved lot line change or such lot may have been combined with another lot by merger.
The total horizontal area included within lot lines. However, no part of the area within a public right-of-way may be included in the computation of lot area.
That portion of a lot which is covered by any material which prevents absorption of water into the ground.
That portion of the lot abutting the street line. In the case of a lot that abuts more than one street, the owner may designate either street line as the lot frontage.
Any line dividing one lot from another.
The mean horizontal distance between the side lot lines measured at the building line.
A structure designed with small living space (typically 200 to 500 square feet) and intended to be used as living accommodations for one or more individuals. A micro-home shall be considered as a single-family dwelling or, if located on premises of a single-family dwelling, an accessory dwelling unit. It shall comply with all requirements for a single-family dwelling or an accessory dwelling unit as the case may be. No more than one micro-home shall be located on any lot.
Any naturally formed substance located on or below the surface of the earth, including, but not limited to, sand, gravel, stone, peat, topsoil, and water.
A structure, transportable in one or more sections, that is built on a permanent chassis and designed to be used as a dwelling unit when affixed to a permanent foundation or placed on a concrete slab and connected to the required utilities and on-site septic and water systems. This definition does not include a modular home or manufactured home that may be transported to the building site in sections but is not built on, or remains fixed to, a permanent chassis. This definition also does not include a camper. A mobile home shall be considered as a single-family dwelling or, if located on premises of a single-family dwelling, an accessory dwelling unit. It shall comply with all requirements for a single-family dwelling or an accessory dwelling unit as the case may be. No more than one mobile home shall be located on any lot.
Any parcel of land, or portion thereof, where more than one mobile home is located.
Any area of land, including structures, that are used for the sale, service or repair of any type of motor vehicles or the provision of fuel for motor vehicles. This use is prohibited throughout the Town.
A single building on a single parcel of land consisting of not less than three and no more than four dwelling units, excluding time-share dwellings which are not permitted.
Any activity or use of land that involves or proposes to involve the extraction, excavation, stripping, grading or filling of mineral resources (including but not limited to sand, gravel, rock, stone or soil) from the earth on a parcel of land (or contiguous parcels of land) in an amount less than or equal to, 1,000 tons or 750 cubic yards, whichever is less, or for uses other than, that set forth in Article IV, § 195-14.
A lot of record which does not comply with the area, shape, frontage, or vocational provisions of this chapter for the district in which it is located.
A structure, including buildings, which does not satisfy the dimensional requirements of this chapter for the district in which it is located, but which was not in violation of applicable requirements when constructed.
Any use lawfully existing prior to or at the time of adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted by or does not conform with the permitted use provisions of this chapter for the district in which it is located.
An establishment, not located on a farm, for the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting, conducted within an enclosed building or structure or outdoors.
A building or portion of a building wherein services are performed involving predominantly administrative, financial, brokerage, professional or clerical operations and shall not exceed 1,000 square feet of space devoted to the office use.
Includes any area that is characterized by natural scenic beauty or whose condition or quality is such that it will enhance the present or potential value of surrounding developed lands or enhance the conservation of natural or scenic resources or preserve the community's historic character.
The holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, and lessees under leases having an unexpired term of at least 10 years.
A lot, as recorded in the Assessor's Office, existing in the Town of Austerlitz on the date of adoption of this chapter.
Any individual, firm, partnership, club, trust, company, association, cooperative, corporation (including a government corporation), or Town, state or federal government and any agency thereof.
The use of any building, structure or land, or portion thereof, for providing services to or for individuals or businesses that would not be categorized under the term "office" or "retail" and shall not exceed 1,000 square feet of space devoted to the service use. This term includes, but is not limited to, the following: salons and barber shops, day spas, personal fitness or wellbeing classes, computer or internet services.
The condition caused by the presence in the environment of substances of such character and in such quantities that the quality of the environment is impaired or rendered offensive to life.
A building or structure in which is conducted the main or primary use of the lot on which said building or structure is located. Where more than one use is on a lot, the more intense use shall be considered the main or primary use.
A regulated enterprise with a franchise or right for providing to the public a utility service deemed necessary to the public health, safety, and welfare including all uses deemed to be a public utility by New York State. Other uses may be a public utility if it provides a service that is essential to the public health, safety and general welfare, is regulated by a government agency, is granted an exclusive or near exclusive franchise for a specific geographic area, and is required to provide service to all who apply within their franchised area.
An individual who has a degree in forest management, or an associated forestry discipline, from a Society of American Foresters' accredited, recognized or candidate institution.
Any building or structure, or portion thereof, that provides indoor amenities for passive or active recreation or entertainment to the public, with or without a fee or other compensation. This term includes, but is not limited to, theaters, dance or music halls, sporting or fitness activities, or any recreational or entertainment activities or productions.
Any parcel of land, or portion thereof, that provides outdoor amenities for active recreation or entertainment to the public, with or without a fee or other compensation. This term excludes passive recreation such as nature trails, nature or forest preserves, and areas for scenic views. This term includes, but is not limited to, ball fields and courts, pools or swimming areas, riding or driving trails, tracks or courses (including, but not limited to, vehicular race or riding tracks, motor cross or all terrain vehicle courses), and outdoor concerts, plays, movies, or other outdoor entertainment productions. This term does not include any such amenities or uses on lands owned or operated by local, state or federal governments.
Sale or exchange of products manufactured, made or originating from outside of the Town of Austerlitz from within a fully enclosed structure. Outdoor storage or display of products for sale may be allowed on a limited basis but only with specific site plan approval for same. Retail uses are only allowed in the hamlet zoning districts and must not exceed 1,000 square feet of space devoted to the retail use. This use is not allowed as a home occupation.
Sale or exchange of products manufactured, made or originating in the Town of Austerlitz from within a fully enclosed structure. Outdoor storage or display of products for sale may be allowed on a limited basis but only with specific site plan approval for same. Retail II is allowed in all zoning districts and must not exceed 1,000 square feet of space devoted to the retail use. This use is allowed as a home occupation.
Any land, or portion thereof, with or without structures, which is utilized as space for organized activities for groups of people for reflections, discussion or self-care purposes with or without on-site overnight accommodations.
The elongated crest or series of crests at the apex or the uppermost point of intersection between two opposite slopes or sides of a mountain or hill.
A facility, whether permanent or temporary or by use of portable equipment, that processes logs and converts them to lumber products or firewood.
A method of harvesting where trees to be cut are selected and marked via some specified criteria before the harvesting begins.
One or more dwelling units, up to four in total on a parcel, designed for, or offered to, one or more persons 65 years or older.
The horizontal separation distance from the property line or, in the case of shoreline property, from the mean high-water mark, to the building line of the structure.
A subordinate structure or building used primarily for storage purposes, of a height not greater than 15 feet, and total square footage which does not exceed 120 square feet.
Rental of a single-family residential dwelling, or portion thereof, or an approved accessory dwelling unit, by the owner of the dwelling to guests for less than 30 days by the owner, the owner's agent or a hosting platform. These are commonly known as AirBnB's or VRBO's.
Any material, structure, or device composed of lettered or pictorial matter which is placed for public display of an advertisement, announcement, notice, commercial symbol, directional matter, or name, including sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projected signs, or ground signs.
The art and science of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.
A detached building (not including a mobile home) of one or more stories in height, above main grade level, which is designed or used exclusively as living quarters for one family or household. A single-family dwelling shall be the principal use on a lot. Micro-homes, manufactured or modular homes, cabins and cottages are considered single-family dwellings.
See "development area."
See "development area."
A trail or rough road used to move a tree from the place where it was cut to a pile or landing where it is loaded onto a truck.
An installation of solar panels and solar equipment that is ground-mounted and produces energy primarily for the purpose of offsite sale or consumption. Any installation producing electricity greater than 150% of onsite electrical usage on average over the preceding 12 months as demonstrated on utility bills is considered a solar farm which is prohibited in the Town except for solar neighborhood.
Any solar collector, solar energy device or structure not attached to a building or structure whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, cooling, water heating, or for power generation primarily for the buildings and structures located on the same parcel as the solar energy system. This type of system requires a special use permit and a building permit prior to installation.
small-scale solar installation that produces electricity primarily to buildings and structures located on the same parcel as the solar energy system and up to three residential or small-scale commercial properties that are adjacent (sharing a common boundary line) to the property on which the solar installation is located. The installation shall not produce electricity greater than 150% of electrical usage on average over the preceding 12 months as demonstrated on utility bills for the properties to be connected to the installation. This type of system requires a special use permit and a building permit prior to installation.
A permit issued by the Town Building Department to allow the installation of a solar panels and equipment. This permit is required for all solar installations regardless of whether the installation also requires site plan approval or a special use permit from the Planning Board.
Any solar collector, solar energy device or structure attached to the roof of a building or structure whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, cooling, water heating, or for power generation primarily for the buildings and structures located on the same parcel as the solar energy system. This type of system requires a zoning permit and a building permit prior to installation.
An authorization of a particular land use which is permitted, subject to requirements imposed herein to ensure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.
A cut pile of wood measuring four by four by eight [4x4x8] feet.
The use of any building, structure, or land, or portion thereof, for storing items or materials for a fee, such as a warehouse or self-storage facility, or where the storage takes place on land not associated with the items or materials that are stored. This term does not include sheds, barns or garages for residential or personal items where the storage is located on the residential property from which the items stored originate. Storage for business purposes is allowed if the storage takes place on the same property where the business is located and is approved by special permit or site plan as an aspect of that business.
Water produced by precipitation, including snow melt, which does not evaporate and which flows over a natural or human-made surface or into a natural or human-made channel.
A body of running water flowing continuously or intermittently in a channel on the surface of the ground.
The location of the mean high water level of a stream.
A stream, together with adjacent upland areas that support protective bands of vegetation that line the water's edge.
Anything constructed or built, any edifice or building of any kind, which requires location on the ground or is attached to something having a location on the ground, including, but without limitation, buildings, display stands, storage bins, signs, reviewing stands mobile dwellings (whether mobile or stationary at the time), fences, swimming pools, towers, poles, sheds, signs, tanks, etc., except outdoor areas such as paved areas and walkways.
Structures on which transmitting and/or receiving antennae are located.
A building or part of a building, devoted to showing motion pictures, or for dramatic musical or live performances and which may include dinner theaters.
A selective cutting or deadening of trees in an immature stand of trees for the purpose of upgrading the quality and/or growth of the trees left.
Any management of a forest or woodland including logging, the construction, alteration or maintenance of wood roads, skid ways, landings, fences and forest drainage systems.
The cutting and removal of trees from their growing site, and the attendant operation of cutting and skidding machinery but not the construction or creation of roads.
Timber harvesting activity on any parcel, or group of parcels under same ownership, that fells trees whose volume in any consecutive 12-month period is greater than 30 standard cords of wood or 15,000 board feet of timber as measured by the International Log Rule.
The arrangement whereby multiple owners of a property have the right to use and occupy the property for a specific period of time pursuant to an agreement and often for shared use of a vacation property. Time-shares are prohibited in the Town.
The Town of Austerlitz.
A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
A grant of relief from the requirements of this chapter.
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. Includes a wholesale business for shipping/receiving.
Any lake, pond, river, stream, intermittent stream or wetland.
Any building, structure, or land, or portion thereof, utilized for the purpose of holding one or more weddings with or without monetary consideration. This term does not include weddings for family of the owner of the property on which the wedding is to be held and which do not occur on a repeated basis.
All areas that comprise hydric soils and/or are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, vernal pools, and similar areas.
An alternate energy device which converts wind energy, by means of a rotor, to mechanical or electrical energy.
An open, unoccupied space on the same lot with a building or structure.
An open, unoccupied space on the same lot with the principal building, between the front line of the principal building and the front line of the lot, and extending the full width of the lot.
An open, space on the same lot with the principal building, between the rear line of the principal building and the rear line of the lot, and extending the full width of the lot.
An open, unoccupied space on the same lot with the principal building situated between the side line of the lot and the adjacent side line of the lot, and extending from the rear line of the front yard to the front line of the rear yard.
A permit issued by the Town Code Enforcement Officer for a use of property that evidences compliance with the requirements of this chapter with or without the need for a building permit, special use permit, site plan approval, variance or other approval from the Town.