Catskill Town City Zoning Code
ARTICLE II
Definitions
§ 160-5 Terminology; word usage.
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.
The word "shall" is always mandatory. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a corpartnership and any other agency of voluntary action.
A use or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. All accessory buildings and structures must comply with setback requirements. No building with plumbing shall be considered permitted accessory use, except for a garage with a door or doors permitting vehicular access. No accessory structures shall be placed in a front yard.
Adult entertainment uses as defined in § 75-2 of this Code. Adult uses are allowed as special uses in the Industrial District on parcels with direct access to U.S. Route 9W.
Raising of crops, animals and animal products, and other commonly accepted agricultural operations for commercial purposes including the sale of related agricultural products. Includes growing, processing or sale of fire wood and Christmas trees, and milling of trees harvested on site for use on-site, but does not include forestry.
A building, other than a hotel, containing a general kitchen and a general dining room, in which at least one but no more than eight sleeping rooms are offered for rent, with or without meals. A lodging house, tourist house, or rooming house where transient use is for 30 days or more shall be deemed a boardinghouse.
Any roofed structure intended for the shelter, housing or enclosure of persons, animals, or personal property, and affixed to the ground.
A parcel providing four or more sites for the parking of occupied travel trailers, recreational vehicles which serve as temporary residences for weekend or vacation purposes, the erection of tents or other shelters serving as temporary residences, as defined by Part 7 of the New York State Sanitary Code, and all facilities pertaining thereto.
A business that sells cannabis or cannabis derived products for offsite consumption.
A business that sells cannabis or cannabis derived products for on-site consumption.
The Town's coastal waters and the adjacent shorelands as generally shown on the Catskill Town Zoning Map, and referred to more specifically in Section One of the Catskill Local Waterfront Revitalization Program.[1]
Any use generating or intending to generate income.
A commercial use designed and equipped principally for the conduct of sports and leisure time activities. Video parlors, computer games facilities, movie theaters, and bars, as principal uses, are not commercial recreation uses. Commercial recreation is further separated into two categories as follows:
Recreational activities conducted entirely within a building including team or individual sports and related health and exercise facilities operated on a commercial or fee basis. An indoor recreational business shall also include, but is not limited to, a gymnasium, fitness center, bowling alley, skating rink; tennis and other racquet courts, field house, indoor track, indoor basketball, and indoor pool house. An indoor recreation use may include accessory uses, such as food service facilities, meeting rooms, serving of alcoholic beverages, video or computer game facilities, video theater facilities, and sale of sport or exercise-related equipment or clothing, to be used by the patrons of the Commercial Recreational Use during or immediately before or following scheduled events/activities, and not used by the general public.
Recreational activities including, but not limited to, ball fields, playing fields, batting cages, golf courses and driving ranges, tennis, racquet courts, swimming, bike trails, hiking and similar outdoor activities conducted on a commercial or fee basis. An outdoor recreational use may also include customary accessory uses and buildings, such as a clubhouse, food stand, offices, and other uses accessory and incidental to the outdoor commercial use. Outdoor recreation shall not include racetracks; go-cart, motorcycle, remote controlled aircraft, ATV tracks or any other outdoor use involving motorized vehicles or equipment; gun clubs; and shoot preserves.
Commercial recreation uses, whether indoor or outdoor, shall not include "membership clubs" as that term is defined in this chapter.
A multifamily dwelling containing individually owned apartments, where the real property title is vested in a single owner. The owners of the apartments have rights in the common areas and facilities which serve the development.
Any space, whether open space, or inside or outside a building, used for storage or keeping of more than one piece of a construction equipment, machinery, vehicles or parts thereof, whether or not in active use, by a construction contractor. This includes a storage yard for building materials and/or equipment intended for commercial use.
Uses which include art galleries, creative arts space, libraries, museums and historic sites and the like.
Any place, however designated, operated for the purpose of providing daytime care, instruction or recreation for two or more children and operated on a regular basis, including kindergartens, day nurseries and day-care centers.
A building designed or used principally as the living quarters for one or more families.
A building with three or more dwelling units, each unit having a complete kitchen, and all units accessible through one direct entrance from the outside of the building. This does not include condominiums or townhouses. This includes upper floor apartments over ground floor commercial uses.
A building designed for or occupied exclusively by one family.
A building designed for or occupied exclusively by two families living independently of each other.
One or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage, shall be deemed to constitute a family unit. A fraternity club or boardinghouse shall not be considered a family.
Commercial milling, processing or sale of trees, wood and wood products. Does not include processing or sale of firewood or Christmas trees, or milling of trees harvested on-site for use on site.
Any commercial use customarily conducted entirely within a dwelling or accessory structure which is clearly incidental and secondary to the use of the lot; does not change the character of the dwelling; has no external evidence of such use or exterior storage of materials or equipment; and is carried on by residents of the dwelling or dwellings, except that no more than two persons not residents of the dwelling may be employed.
A building or any part thereof which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.
Uses which include public schools, colleges, correctional facilities, governmental agencies, charitable or not-for-profit agencies and the like.
A business that houses one or more dogs for pay or renumeration. Does not include animal hospitals or veterinarians.
Refers to the Town and Village of Catskill's Local Waterfront Revitalization Program prepared under guidelines from the New York State Department of State Coastal Management Program.
Cutting and removal of trees and wood, subject to state regulations.
A parcel of land occupied or designed to be occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such buildings and which has frontage on a public or approved private street which provides access thereto, or in the case of a minor subdivision, on a driveway if otherwise in compliance with § 140-18C(12)(i). When calculating the size of a lot, any land on which automobiles travel, and the adjacent shoulders, shall not be included in the calculation.
The average width of the lot measured across the frontage, approximate midsection and rear boundary of the lot.
An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
A transportable single-family dwelling, factory manufactured on a permanent chassis, which may be transported to its site and which is not affixed to a permanent foundation. The mobile home must conform to the U.S. Code of Federal Regulations (CFR) Title 24 standards. This definition does not include recreation vehicles or modular homes.
A parcel of land which has been planned for the placement of two or more mobile homes, appurtenant structures or additions.
A building or group of buildings having individual sleeping units for hire which are designed primarily for transient automobile travelers. The term "motel" includes but is not limited to a motor court, motor inn, motor lodge and tourist court.
The prior lawful use of land or of a building or structure which subsequently is prohibited by zoning regulations pertaining to the district in which the building or land is situated.
A building where persons are housed or lodged and furnished with meals and nursing care for hire.
Uses operated by the government or a public utility include electric substations and water towers, municipal garages, firehouses and telephone substations.
All uses dedicated to religious objectives, including churches, synagogues, retreat houses, resorts and the like.
A building or group of buildings having individual sleeping units for hire that includes a dining hall on the premises, offers the inclusion of the cost of meals in the room rates and has outdoor recreation facilities and entertainment. The lot shall be sufficient size such that the gross acreage of the parcel divided by the number of individual sleeping units provided is equal to at least 0.5.
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles. A service station is not a sales, major repair or rental agency for autos, trucks or trailers.
The horizontal distance from the property line, measured at right angles as set forth at § 160-17. The setback will be measured from the edge of a traveled way, not the centerline of the street or road.
A driveway providing access for up to three lots, provided that each lot served by the shared driveway has 50 feet of frontage on or public or private road or is otherwise in compliance with § 140-18C(12)(i).
A grouping of retail business and service uses on a single site with common parking facilities; or a single retail business with a floor space of 50,000 square feet or more. All such facilities shall direct access to a county, state or federal highway.
A furnished house or apartment or any residence containing a kitchen where one or more rooms is rented for fewer than 30 consecutive days.
A use that would not be appropriate generally or without restriction throughout the zoning district but which is controlled as to the number, area, location or relation to the Town would promote the public health, safety, order, comfort, convenience, appearance, prosperity and general welfare. Such uses shall be permitted only when the Town Planning Board finds that they meet the specific criteria provided in this chapter for them.
Anything constructed or erected, stationary and fixed to the ground, above or below the surface of land or water; examples include all buildings, stationary and portable carports and swimming pools. Sidewalks are not structures.
A water-filled enclosure, permanently constructed or portable, having a depth at any point greater than two feet below the level of the surrounding land or an above-surface pool having a depth of more than 30 inches, used and maintained for swimming and bathing.
A single-family dwelling unit constructed in a group of three or more attached units, separated by common or party walls. The house and land located directly beneath the house is in the same ownership; land around the townhouse may be in the same ownership or may be in common ownership with other townhouse owners and subject to association care and maintenance. Each unit has a private outside entrance, and a totally exposed front and rear wall to be used for access, light and ventilation.
A relaxation of the terms of the zoning regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
As described in Policy 2 of the Catskill Local Waterfront Revitalization Program, the following uses and facilities are considered as water-dependent:[2]
Uses which depend on the utilization of resources found in coastal waters (for example: fishing, mining of sand and gravel, and mariculture activities).
Recreational activities which depend on access to coastal waters (for example: swimming, fishing, boating and wildlife viewing).
Uses involved in the sea/land transfer of goods (for example: docks, loading areas, pipelines and short-term storage facilities).
Structures needed for navigational purposes (for example: dams, beacons and lighthouses).
Flood and erosion protection structures (for example: breakwaters and bulkheads).
Facilities needed to store and service boats and ships (for example: marinas, boat repair and boat construction yards).
Uses requiring large quantities of water for processing and cooling purposes (for example: hydroelectric power plants, fish processing plants and pumped storage power plants).
Uses that rely heavily on the waterborne transportation of raw materials or products which are difficult to transport on land, thereby making it critical that a site near to shipping facilities be obtained (for example: coal export facilities, cement plants and quarries).
Uses which operate under such severe time constraints that proximity to shipping facilities becomes critical (for example: firms processing perishable foods).
Scientific/educational activities which, by their nature, require access to coastal waters (for example: certain meteorological and oceanographic activities).
Support facilities which are necessary for the successful functioning of permitted water-dependent uses (for example: parking lots, snack bars, first-aid stations and short-term storage facilities). Though these uses must be near the given water-dependent use, they should as much as possible be sited inland from the dependent use rather than on the shore.
An open and unobstructed area on a parcel of land extending perpendicular from a property line for a depth specified in the appropriate district regulations.
A yard extending from the front property line to a building.
A yard extending from the rear property line to a building.
A yard extending from the side property line to a building.