Clinton Town Dutchess County
City Zoning Code
City Zoning Code
ARTICLE VIII
Definitions and Word Usage
§ 250-104 Interpretations; word usage.
Unless otherwise expressly stated, the terms defined in this article shall, for the purposes of this chapter, have the meaning herein indicated. Except where defined in this chapter, in Article VIII or elsewhere, all words and terms shall carry their customary meanings in the context used. Words used in the present tense include the future; the plural includes the singular, and the singular includes the plural; the word "herein" or "above" shall mean "in this chapter"; the words "in this chapter" shall mean "in this Local Law No. 3 of 1991, or amendments thereto"; the term "current" shall mean "the most recent." The term "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, constructed, altered, converted, rented, leased, or designed to be used or occupied"; the word "shall" is mandatory and not optional; the word "may" is permissive.
§ 250-105 Definitions.
[Amended 3-14-1995 by L.L. No. 2-1995; 3-28-2000 by L.L. No. 1-2000; 11-11-2008 by L.L. No. 2-2008; 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010; 11-10-2015 by L.L. No. 4-2015, effective 11-20-2015; 7-9-2019 by L.L. No. 2-2019, effective 7-16-2019; 11-10-2020 by L.L. No. 2-2020, effective 11-17-2020; 2-9-2021 by L.L. No. 1-2021, effective 2-16-2021; 2-9-2021 by L.L. No. 2-2021, effective 2-16-2021; 6-8-2021 by L.L. No. 4-2021, effective 6-17-2021; 5-14-2024 by L.L. No. 1-2024, effective 5-24-2024; 12-9-2024 by L.L. No. 4-2024, effective 12-16-2024]
Words and terms used in this chapter are defined for the purposes thereof, as follows:
The abutment of a lot directly on a Town, county, or state road, street, or highway which has the required frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles, as prescribed by this chapter and § 280-a of the Town Law.
A structure, the use of which is customarily incidental and subordinate to that of the principal building and is attached thereto, or is located on the same lot or premises as the principal building. Accessory structures shall include but are not limited to tennis courts, garages, swimming pools, garden or tool sheds, barns, studios, greenhouses, and playhouses, and such elements as satellite dish antennas and windmills. See also "structure."
A use which is customarily incidental to and subordinate to the principal use of the premises, building or structure and located on the same premises as such principal use. A second principal use is not an accessory use.
The area which provides access.
Capacity for commercial communications facilities is considered to be "adequate" if the grade of service (GOS) is p .02 or better for median tele-traffic levels offered during the typical busy hours, as assessed by direct measurement of the facility in question. The GOS shall be determined by the use of standard Erlang B calculations. As call blocking may occur in either the land line or radio portions of a wireless network. “Adequate capacity,” for the purpose of this chapter, shall apply only to the capacity of the radio components.
Coverage for commercial communications facilities is considered to be "adequate" within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is greater than -90 dbm for at least 80% of the intended coverage area. It is acceptable for there to be holes within the area of adequate coverage where the signal strength declines further away from the base station (e.g. -95 dbm rather than -90 dbm). For the limited purpose of determining whether the use of a repeater is necessary, there shall be deemed to be inadequate coverage within said holes. The outer boundary of the area of adequate coverage is that location past which the signal does not regain a strength equal to or greater than -90 dbm.
Any property adjoining, directly opposite or within 200 feet of the boundary of any portion of the subject parcel. This definition shall include all property separated by a street or within 200 feet of the street frontage of the subject parcel.
A building or structure designed and constructed to house farm equipment, farm implements, poultry, livestock, horses, hay, grain, or other agricultural items as part of a farm operation that is not a place of human habitation, nor a place of employment where agricultural products are processed, treated, or packaged, nor shall it be a place used by the public.
Official authorization issued by the Building Inspector that an agricultural building conforms to the applicable provisions of the Town Code, excluding the construction-related provisions of the Uniform Code, and may be legally used as an agricultural building.
Official authorization issued by the Building Inspector to begin construction of an agricultural building in accordance with the provisions of the Town Code, excluding the construction-related provisions of the Uniform Code. An application for such permit is available on the Town Website (www.TownofClinton.com) and in the Building Department office.
A specific type of commercial enterprise allowed to operate within an agricultural district as part of a farm operation in order to promote agricultural products, which is not otherwise regulated or protected under New York State Agriculture and Markets Law. See § 250-51, Farm operations and agricultural businesses.
A building or structure intended for use by the public and/or as a place of employment for retail sales and/or the processing, treating, or packaging of agricultural products, as part of a farm operation within an agricultural district.
A parcel of land which has received such designation under the requirements of agricultural district legislation of New York, Article 25-AA, Agricultural Districts, of the New York Agriculture and Markets Law.
A portion of a farm available for hire as a location for events, which may take place in tents, gazebos, barns, open areas, or residential structures (including buildings) for the purpose of promoting agri-tourism. To qualify as an agricultural event venue, the farm must be located in an Agricultural District or generate annual gross revenues of at least $50,000 from agricultural operations as defined in § 301(2) of the N.Y. Agriculture and Markets Law, not including revenue generated from event proceeds.
Any and all products grown, raised, or produced wholly within New York State and known as "crops, livestock, and livestock products" as defined in New York State Agriculture and Markets Law § 301, as well as the marketable and saleable services or products that result from a commercial horse boarding operation or a commercial equine operation.
Agriculturally based or inspired activities hosted on a lot within an agricultural district, by a farm operation active on that lot, that contribute to the marketing, promotion, and/or sale of agricultural products produced by said farm operation through the enjoyment and/or education of the public, which also intend to enhance the public's understanding and awareness of farming and farm life.
The commercial employment of land and buildings to generate remuneration from raising, harvesting, keeping, and selling crops or feed, and for keeping, grazing, breeding, managing, selling, or producing livestock, poultry, fur-bearing animals or honeybees, or dairying and the sale of dairy products, or any other horticulture, floriculture or viticulture, aquaculture, hydroponics, silviculture, animal husbandry, or a combination thereof as defined by the New York State Agriculture and Markets Law. It also includes the commercial employment of land and on-farm buildings as part of a commercial horse boarding operation, a commercial equine operation, a timber operation, or a compost, mulch, biomass operation as allowed under New York State Agriculture and Markets Law.
Any change, rearrangement, addition, or enlargement to a building or structure, other than repairs; the moving of a building or structure from one location to another; or the demolition of a building or structure; any change to the metes and bounds of any lot.
A facility designed or used for housing persons ("ACF clients") who are unable to live and work independently at a particular time and for the providing for the specific needs of these persons. For purposes of this chapter, this definition shall include nursing homes and the following types of supervised facilities:
A dwelling providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision.
A community residence providing twenty-four-hour on-site responsible supervisory staff for long-term residents.
A community residence, or group home, providing twenty-four-hour on-site responsible supervision of residents.
A community residence providing responsible supervision for residents.
A dwelling providing room, board and supervision for patients who are maintained on an in-patient status by a state-operated psychiatric facility.
Housing for those persons who are unable to function in society without assistance and/or supervision because of their physical, mental, or emotional deficiencies.
A professionally planned and operated treatment facility designed to improve the functioning of physically, mentally, or emotionally disabled persons in their skills of daily living, including alcohol abusers, drug-dependent persons, the mentally ill, and the developmentally disabled.
For those persons having physical, mental, emotional or drug-dependent problems.
The non-commercial keeping, grazing, feeding, and care of animals other than household pets. For the purpose of this chapter, all animals, except offspring less than six months old, are counted in the permitted total. The calculation of acreage required for animals shall be in land made available for such use, not total land owned, unless otherwise designated herein.
A permit required for a farm operation open to the public and/or engaged in retail marketing and/or retail sales as part of its farm operation. See § 250-51F(1).
An underground bed or stratum of earth, gravel or porous stone that contains water.
The combination of controls which establishes the minimum size of a lot and the maximum size of a building and its location on such lot, as well as controls on parking, frontage, and open space.[1]
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.
The sum of the horizontal area of the floor or floors of a structure, including the basement and accessory structures on the same lot, and including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
See "floor area ratio."
When referring to the required area per dwelling unit, means "net land area," the area exclusive of streets and other public open space.
A term which, when used with reference to a building, shall mean connected to another building by means of at least one common wall. A common roof, porch, patio, or breezeway shall not be construed as causing a building or structure to be attached to another. For the purposes of this chapter, the terms "attached" and "semi-detached" may be interchanged in any context. See also definitions for "detached" and "semi-detached."
See "motor vehicle sales or rental."
The average height of a stand of trees. For the purpose of determining the maximum height of a commercial communications facility to be installed on a wooded lot having at least 20 trees within 100 feet of the proposed site, the average height of the trees located within 200 feet of the proposed site shall be used to determine the average tree canopy.
An establishment which sells primarily baked goods directly to the public on the premises.
An establishment which produces and sells baked goods primarily to other establishments, or produces primarily for sale off the premises, and only incidentally directly to the public on the premises.
An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises, and may provide live entertainment by no more than one instrumental musician and/or vocalist.
A story partly underground but having at least 1/2 of its height above the average outside ground level. See also "cellar."
An owner-occupied dwelling in which more than one bedroom is rented for temporary occupancy and meals are provided for such occupants. A public restaurant or public bar shall not be included.
The incorporation of both labor and materials on a building site, other than materials delivery, or the use of excavation equipment or labor to excavate for the building of foundation or footings, but not including wood cutting unrelated to building.
A private owner-occupied dwelling in which at least two and not more than four rooms are offered for rent, which may or may not provide meals to lodgers, in which no transient guests are accommodated and no public restaurant is maintained.
An establishment which rents nonmotorized boats for a fee, but which shall not be construed to include boat storage for a fee, boat sales or bulk fuel storage, except as permitted herein.
Land area used to visually separate one use from another or to shield or block lights, noise or other nuisances, which is suitably developed with fencing, berms and natural vegetation.
A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, property or business activity. See "structure."
A building, the use of which is customarily incidental and subordinate to that of the principal building and is attached thereto, or is located on the same lot or premises as the principal building. An accessory building other than for agricultural use shall not be larger than the principal building on the same lot.
A use customarily incidental to the use of a principal building, not occupying more than 25% percent of the total aboveground floor area of the principal building thereof and including home occupation uses as permitted herein.
The total of areas taken on a horizontal plane at the main grade level of all principal and accessory structures located on the lot.
The vertical distance measured, in the case of a building with a flat roof, from the average elevation of the finished lot grade at the front of the building to the level of the highest point of the roof beams and, in the case of a building with a pitched roof, from the average elevation of the finished lot grade at the front of the building to a point halfway between the top of the plate and the ridge. Such measurement shall not include chimneys, spires, towers, tanks and similar projections.
The person designated by the Town Board to administer the duties of this position as defined herein. See also "Municipal Code Enforcement Inspector."
A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption.
A line generally parallel to the street or road beyond which the front of a building may not project into the required front yard as specified for the district in which the lot is located, also called "minimum front setback line." In the case of a corner lot any building line nearest to the street line shall be considered a front building line.
Official authorization issued by the Building Inspector to begin construction in accordance with approved plans and in strict compliance with all applicable requirements of this chapter, other local laws, the New York State Uniform Fire Prevention and Building Code, and related laws, rules and regulations.
A building including covered porches, in which is conducted the principal use of the lot on which such building is located. In any residential district the principal dwelling shall be deemed the principal building on the lot on which it is situated.
See "retail business or service."
A commercial operation or establishment primarily engaged in performing work on a fee or contract basis, such as advertising and mailing, building maintenance, employment services, office equipment rental and leasing, commercial research, development and testing, photo finishing and personal services.
See "wholesale business."
A privately owned structure whose primary purpose is to provide shelter for persons waiting for buses.
When facilities are installed on an existing building or structure, camouflage will partially or wholly conceal antennas and other auxiliary equipment by incorporating them into the appearance of the existing structure. When facilities include a new tower or other tall structure, camouflage will conceal both the tall structure and the accompanying antennas and other equipment through use of technology which gives these facilities the appearance of structures which are compatible with the surrounding area. These disguised structures may have the appearance of concrete silos, flagpoles, churches with steeples, trees, or other suitable structures.
Any lot on which are located two or more buildings or structures, shelters, tents, or accommodations of a design or character for seasonal occupancy used solely for educational or recreational purposes, except paramilitary. The operation of a camp program, including the presence of instructors and structured activities for campers, is necessary for the area and use to be defined as a camp. Buses, camping trailers and/or motor homes are not construed to be a camp.
Any recreational vehicle, designed as temporary living quarters for recreational camping, or travel use, which either has its own motive power or is mounted on or towed by another vehicle, and is of such size as not to require special highway movement permits, except as further limited in size herein, in accordance with New York State regulations. Motor homes, "fifth wheels," trailers mounted on pick-up trucks (truck campers), pop-up campers and recreational vans are included in this definition. Mobile homes and modular homes are not camping vehicles under this definition. Buses are included in this definition only when they are equipped as recreational vehicles. Regulations regarding camping vehicles permitted are found herein, in other local laws of the Town of Clinton, and in individual deed stipulations regarding specific properties.
Any lot or parcel of land whereon two or more camping trailers or camping vehicles are located or parked, other than for the purpose of loading, unloading or discharge or entrance of occupants or passengers. The term "campground" shall mean "camping trailer or camping vehicle campground" as defined above.
An amusement show, usually traveling from place to place and including side shows, ferris wheels, merry-go-rounds, games, and/or similar attractions.
An FCC-licensed operator which uses commercial communications facilities to provide wireless services to customers.
A lot and/or associated structures used principally for the cleaning, washing, waxing, polishing, or detailing of motor vehicles.
A story of a building having more than 1/2 of its height below the average outside ground level. See also "basement."
Land used or intended to be used for the burial of deceased persons and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated with and within the boundaries of such cemetery.
A line midway between and parallel to two street or road property lines or as otherwise defined by the Planning Board.
Official authorization issued by the Building Inspector that premises conform to the applicable provisions of this chapter, the New York State Uniform Fire Prevention and Building Code, and other applicable regulations, and may be legally used or occupied.
As used herein, a use shall be determined by the Zoning Administrator to have ceased or terminated when it has been discontinued either temporarily or permanently, whether with intent to abandon such use or not.
A building in which public religious worship is conducted, which may include meeting halls, parish houses and similar facilities.
An exhibition of wild and trained animals, aerobatic feats, together with side shows and vending concessions.
The removal of 30% or more of trees over four inches dbh within an area of 1/2 acre or less within a ten-year cutting cycle.
A building designed or used for the diagnosis and treatment of human or animal patients, which does not include overnight care facilities.
A building to house a club or social organization not conducted for profit and which is not adjunct to, or operated by, or in connection with, a public tavern, bar, cafe or other public place.
A development pattern in which uses are grouped (clustered) through a density transfer within a particular development, rather than spread evenly throughout a parcel as in conventional lot-by-lot development, in order to achieve the purposes stated herein.
A provider of commercial communications services which installs an antenna or other communications facility on an existing structure which already supports one or more facilities used by other commercial communications providers.
An establishment engaged in providing indoor entertainment for a fee or admission charge, including dance halls, bowling alleys, billiard and pool establishments, membership sports recreation clubs, and game parlors (see also specific uses separately regulated).
The beginning of continuous site clearing, site preparation, grading activity, construction material stockpiling, and/or any fastening to the earth or to any existing building or structure that is intended to result in the creation of a new building or structure or alteration of an existing building or structure. It does not include limited tree-cutting activities related to testing or surveying (such as geotechnical drilling and environmental testing), together with such testing, surveying, drilling, and similar pre-construction activities to determine the adequacy of the site for construction and the preparation of application materials or compliance filings.
Those uses listed under the heading "Commercial" in the Schedule of Use Regulations[2] and any uses of a similar type.
See "vehicle, commercial."
An enclosed structure, cabinet, shed or box containing batteries, electrical equipment and other devices needed in the operation of communications equipment.
A device, including but not limited to whips, dishes or panels, for transmitting and receiving electromagnetic waves, with or without connecting wires, as part of a business activity.
The use of a single mount on the ground by more than one carrier and/or several communications mounts on a building or structure by more than one carrier.
A term intended to include all of the various structures and devices which transmit and/or receive electromagnetic waves in order to provide commercial communication services, including, but not limited to, cellular telephone service and personal communications services. Facilities include towers, antennas and any accessory structures or equipment designed and constructed for use by a commercial provider of such services.
A receiver/relay transmitter designed to enhance the strength of a signal which is transmitted from a different location.
A man-made combination of materials assembled at a fixed location to give support or shelter to a device for transmitting and receiving electromagnetic waves, including but not limited to a tower, dwelling, accessory building, trailer, platform, fence, sign, flagpole, silo or other building.
An erect structure or framework, either self-supporting or secured to the ground or other surface by diagonal cables, designed to support devices which transmit and/or receive electromagnetic waves in order to provide commercial communications services, including but not limited to receiving and/or relaying antennas and/or equipment; electrical or cable power lines of any transmission or conductance range; or any other equipment or device. A tower includes both the primary structure and any supporting apparatus which is attached to it.
Any building, structure, park, or recreation area or other area for the general use of the residents of the Town or the public.
Not disruptive or incongruous with the existing neighborhood and the intended goals and objectives of the community, as stated in both this chapter and the Town's Master Plan.
The on-farm processing, mixing, handling, or marketing of organic matter that is grown or produced by such farm operation to rid such farm operation of its excess agricultural waste; and the on-farm processing, mixing or handling of off-farm-generated organic matter that is transported to such farm operation and is necessary to facilitate the composting of such farm operation's agricultural waste.
See "Master Plan."
An establishment for hire as a location for events used for business or professional conferences and seminars, often with rooms for lodging, eating, and recreational activities. Also, an establishment which attracts clients principally for recreational or health activities and contains rooms for lodging and eating for its clients.
The Conservation Advisory Committee of the Town of Clinton, New York.
Space inside an enclosed building, used for the storage or keeping of construction or other supplies, materials, equipment, machinery, or vehicles, or parts thereof, by a construction or other contractor residing on the premises. Such accessory use shall also apply to other than contractors.
Any space, whether inside or outside a building, used for storage or sale of construction supplies, materials, equipment, machinery, or vehicles, or parts thereof by a contractor or other establishment if the use of such supplies, materials, equipment, machinery or vehicles is not approved or permitted on the same lot.
For the purposes of § 250-78, the "controlled area" shall mean:
Any area within 100 feet of a watercourse, lake or pond;
Any wetland between five acres and 12.4 acres and the area within 100 feet of the boundary of such wetland;
Any wetland between 1/2 acre and five acres and the area within 50 feet of the boundary of such wetland; and
Land within the one-hundred-year floodplain.
s, the controlled areas shall be as depicted on the map entitled "Clinton, NY – Proposed Water Protection Amendment," dated April 2008, revised August 2008, or such revised updated and adjusted map as may be approved by later resolution of the Town Board and as prepared by the GIS Lab Environment Program on file in the office of the Clerk of the Town of Clinton.
A retail store, primarily used to sell food, beverages, and/or household supplies, which has hours of operation outside of those prescribed in § 250-11 and constructed after the effective date of this chapter.
A change in use or occupancy of a building, generally by alteration or by other reorganization to increase the number of families or dwelling units within a structure.
See "building coverage."
A local street, one end of which is closed and consists of a circular turnaround.
A portion of land surface or area from which earth has been removed or will be removed by excavation.
Any facility which is licensed to operate pursuant to New York State Social Services Law § 390 and provides care for a child on a regular basis away from the child's residence for less than 24 hours per day by someone other than the parent, step-parent, guardian or relative within the third degree of consanguinity of the parents or step-parents of such child. For the purposes of this chapter, day-care facilities are defined as follows:
A program caring for children for more than three hours per day per child in which child day care is provided in a family home, i.e., dwelling unit, under this chapter, for three to six children. A family day-care home may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, during school lunch periods, on school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the Department of Social Services.
A program caring for children for more than three hours per day per child in which child day care is provided in a family home for seven to 10 children of all ages, including not more than four children under two years of age, or up to 12 children where all of such children are over two years of age, except for those programs operating as a family day-care home as defined herein, which care for seven or eight children. A group family day-care home may provide child day-care services to two additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the Department of Social Services.
Any program provided for more than three but less than 24 hours a day away from the child's home by an individual association, corporation, institution or agency for seven or more children except those programs operating as group family day care as defined herein and by New York State Social Services Law § 390.
A program caring for more than six school-aged children who are under 13 years of age or who are incapable of caring for themselves as defined in New York State Social Services Law § 390.
Any program, whether licensed with the New York State Department of Education or not, provided in one or two sessions, each of less than three hours a day, away from a child's home, except a family day-care home, group family day-care home or day-care center.
Unit of measure of the power level of air electromagnetic signal expressed in decibels referenced to one milliwatt.
Any dismantling, intentional destruction or removal of buildings or structures, not including accessory structures defined in § 250-22B.
The ratio of land area per dwelling unit on a lot; "gross density" refers to the ratio of the land area of the total lot to the number of dwelling units; "net density" refers to the ratio of the land area of the developed or developable portion of the lot, excluding streets, open space, and water resources as regulated herein, to the number of dwelling units. Unless stated otherwise herein, "density" shall mean "gross density," as defined above.
A term which, when used with reference to a building, shall mean either (1) not connected to another building by any physical construction, or (2) connected to another building by some physical construction, but without at least one common wall. See also definitions for "attached" and "semi-detached."
Any humanly incurred change to improved or unimproved real estate, including, but not limited to, buildings or other structures; mining, dredging, filling, clearing, grading, paving, excavation, or drilling operations, but excluding normal agricultural, conservation, or forest management activities.
An area or section of the Town described on the Zoning District Map contained within this chapter, and within which certain zoning regulations apply.
Any district in which any of the residential uses listed in the District Schedule of Use Regulations[3] is permitted.
Used in reference to land, this term shall mean any human alteration, including but not limited to grading, filling, excavating, or stripping.
An establishment in which patrons are not required to enter the building in order to be served, sold a product, or entertained, including but not limited to drive-in outdoor theaters, refreshment stands, and fast-food restaurants which have drive-in windows. Banks, postal deposit services, and businesses requiring patrons to enter a building in order to be served shall not be considered drive-in businesses as defined herein.
Land situated on a lot used or intended to be used to provide access to a lot by vehicular traffic.
Land used for the disposal by abandonment, dumping, burning or any other means, and for whatever purpose, of garbage, sewage, sludge, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. A dump shall not be construed to include compost materials, leaves, or brush.
A structure or portion thereof providing complete housekeeping facilities for one family, including independent kitchen, sanitary, and sleeping facilities, and physically separate from any other dwelling unit, whether or not in the same structure. (Note: The terms "dwelling," "single-family dwelling," "multifamily dwelling," or "dwelling unit" shall not be deemed to include a hotel, motel, or any other accommodation used solely for transient occupancy.)
A detached, semi-detached or attached building or group of buildings, or portions thereof, on one lot, containing three or more dwelling units.
A two-family or multifamily dwelling with party walls separating adjacent dwelling units, with each dwelling unit having separate entrances from the outside.
A detached building occupied exclusively by one family and containing not more than one dwelling unit.
A detached building where not more than two dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common hallway or cellar. A two-family dwelling includes a single structure containing two dwelling units. Side-by-side is considered a two-family dwelling regardless of individual ownership of either half of its structure, provided they are on the same lot of record.
A dwelling unit having its own exterior or interior entrance which is subordinate to, and located on the same lot as, the principal residence. An accessory dwelling unit may or may not be located within the principal residence. See § 250-29, Accessory dwelling units.
Any public or private school or other organization conducting a regularly scheduled comprehensive curriculum of academic instruction similar to that furnished by kindergartens, primary or secondary schools or institutions of higher learning operated under the Education Law of New York State, except vocational schools, which are listed separately in the Schedule of Use Regulations.[4] Alternate care facilities, correctional institutions, day-care centers or nursery schools are not construed to be educational institutions, as regulated herein.
The Electronics Industry and Telecommunications Industry Associations' structural standards for steel antenna towers and antenna supporting structures.
A building or related group of buildings, or an area of a lot, for purposes of the conduct of one principal commercial use and its permitted accessory uses, located on a single lot. A nonresidential building in which two tenants lease space shall be construed as housing two establishments.
Organized gatherings for profit, such as business or professional conferences, meetings, retreats or seminars, and/or recreational or health activities, and/or parties, including but not limited to weddings and family reunions.
The location designated on the approved site plan of an agricultural event venue or conference center that will be used for events, including, but not limited to, outdoor areas, parking areas, buildings and structures.
Any activity which removes and/or processes material such as soil, topsoil, rock, gravel, sand, earth, turf or other mineral or similar substances from their natural location in or on the ground, including digging, cutting, crushing, screening, washing, or other processing.
The Federal Aviation Agency. The government agency responsible for regulating aeronautical activities in the United States and the structures and actions which affect them.
That portion of the FAA regulations referring to tall structures, which includes requirements for reporting, lighting, special painting, etc.
The notice of construction or alteration required by the FAA for tall structures.
The face or front of a building facing the major or principal street.
Any establishment, business, building, structure, operation, or equipment used or intended for use.
A building or group of buildings, usually with equipment, where goods are manufactured.
Any structure or component thereof designed primarily for residential occupancy which is wholly or in substantial part constructed in off-site production facilities intended or designed for the permanent installation, and/or assembly, on an approved building site. To qualify under this definition, the structure must be built to the National Manufactured Housing Construction and Safety Standards Act of 1974 and/or current national standards.
An occasional or periodic exhibition of farm products and/or livestock, usually accompanied by amusement features and for which an admission fee may be charged.
A family consists of (1) one person, or two or more persons related by blood, marriage or adoption; or (2) not more than five persons not necessarily related by blood, marriage or adoption, and in addition to (1) or (2), any domestic servants or gratuitous guests or persons for whom foster care is provided, who live together in a single dwelling unit and maintain a common household.
Persons related by blood or adoption as parents, grandparents, sons, daughters, grandchildren, brothers, sisters; or by marriage as spouses, parents or grandparents of spouses, sons-in-law, daughters-in-law, brothers-in-law, sisters-in-law; not including cousins and other relatives or nonrelatives except as listed in this definition.
See “floor area ratio.”
See "farm operation" and "garden."
A single and cohesive event produced in order to market the agricultural products of a farm operation that meets the following criteria: is directly related to the sale and promotion of on-farm agricultural products, is incidental and subordinate to the retail sale of on-farm agricultural products, is hosted by the farm operation, and features on-farm agricultural products.
A single entity located within an agricultural district utilizing one or more contiguous or non-contiguous parcels of owned or leased land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation, and marketing of crops, livestock, and livestock products specifically as a commercial enterprise, including a commercial horse boarding operation, commercial equine operation, timber operation, and compost, mulch, or other biomass crops as defined by New York Agriculture and Markets Law § 301.
A food service operation located wholly within an agricultural district and operating as an accessory use to a farm operation for the principal purpose of promoting New York State agricultural products through the serving of food and beverages made primarily from such agricultural products. See § 250-51, Farm operations and agricultural businesses.
An agricultural building or an agricultural commercial building used exclusively and only by a farm operation within an agricultural district to market and sell agricultural products as allowed, regulated, and protected by New York State Agriculture and Markets Law. See § 250-51, Farm operations and agricultural businesses.
An agricultural commercial building as part of a farm operation within an agricultural district that is open to entry by the general public and used in the direct marketing and sales of agricultural products, beyond but including the on-farm agricultural products of the farm operation engaged in such sales and marketing. See § 250-51, Farm operations and agricultural businesses.
A beverage service operation located wholly within an agricultural district and operating as an accessory use to a farm operation for the principal purpose of promoting New York State agricultural products through the serving of beverages made primarily from such agricultural products. See § 250-51, Farm operations and agricultural businesses.
A person working full-time, whether seasonal or year-round, engaged in the production functions of a farm operation, who is neither an owner nor a partner in the farm operation.
A specific type of dwelling unit provided to a Farm Worker, as further defined, regulated, and protected under New York State Agriculture and Markets Law Article 25-AA and § 250-51 of this chapter.
The principal building used as a dwelling on a farm, as defined herein.
Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.
The Federal Communications Commission. The government agency responsible for regulating telecommunications in the United States.
The inventory form for the Tower Structure Registration Program of the FCC.
The FCC manual titled "Evaluating Compliance With FCC Specified Guidelines For Human Exposure To Radio Frequency Radiation."
A structure, other than a building, which is erected as a barrier for the purpose of preventing passage and/or view.
Sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by humans.
The person designated by the Town Board to administer the duties of this position as defined herein.
The official map of the Town of Clinton on which the Federal Emergency Management Agency has delineated the boundaries of the special flood hazard area. The FHBM is replaced by the Flood Insurance Rate Map (FIRM) when the latter becomes effective.
A land area adjoining a river, stream, watercourse, or lake which is susceptible to being inundated by water from any source. The term "one-hundred-year floodplain" shall mean the highest elevation of water from flooding that, on the average, is likely to occur once every 100 years, or a one-percent chance of occurring each year.
The sum of the horizontal area of the floor or floors of a building as measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, but not to include attached, semi-detached, or built-in garages, porches or terraces, basements or unfinished floor area, including attics, having clear head room of less than seven feet.
The sum of the gross floor area of all structures on a lot divided by the lot area as defined herein.
When used in reference to a structure, the term "footprint" shall mean the area covered, or which would be covered, by the structure at the intersection of the exterior walls of the structure with the ground.
The raising, harvesting and sale of forest products.
When referring to a sign, the term "freestanding" shall mean "unattached to another structure" or "supported by its own structure."
A building or part thereof used for human funeral services. Such a building may contain space and facilities for (1) embalming and the performance of other services used for the preparation of deceased persons for burial; (2) the performance of autopsies and other surgical procedures; (3) the storage of caskets, funeral urns, and other related funeral supplies; and (4) the storage of funeral vehicles, but shall not include facilities for cremation. A funeral chapel shall be considered to be an accessory use of a funeral home.
An area or areas of a lot dedicated to the non-commercial growing of products that are otherwise known as agricultural products. A garden shall not be meant to include items or areas in use for animal husbandry.
The non-commercial growing of products that are otherwise known as agricultural products. Gardening does not include animal husbandry.
An enclosed space, whether an accessory building or part of a principal building, for the storage of one or more vehicles, provided that no business, occupation or service, other than a home occupation authorized herein, is conducted for profit therein nor does it contain space for more than one car owned by or leased to a nonresident of the premises. Unless otherwise specified, the term "garage" shall mean "private garage."
A garage or covered parking lot conducted as a business. The rental of storage space for more than two passenger cars or one commercial vehicle not owned by a person residing on a premises shall be deemed a "parking lot." See also "parking lot."
Any premises where gasoline, other petroleum products and automotive accessories are sold, and which may or may not include facilities for lubricating and other minor servicing of motor vehicles. Automotive service facilities shall not include premises where automotive repair activities such as engine overhauls, automobile painting, body work, or auto sales or rental are conducted.
The General Municipal Law of the State of New York, Chapter 24 of the Consolidated Laws.
The effect by reflections of light with intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
The elevation of the center line of the street as established by the Town, county or state highway authorities.
The elevation at which the finished surface of the lot surrounding a structure, either naturally occurring or upon completion of any change in contour, intersects the walls and supports of the structure.
A measure of the percentage of calls which are able to connect to the base station during the busiest hour of the day, expressed as the remainder percentage of calls which are unable to connect. For example, p .05 means that 95% of callers will connect on their first try. A lower number (e.g. p .04) indicates a better grade of service (96% of callers are able to connect on their first try).
Any operation, other than in connection with foundations or for a structure or highway construction, involving a change in ground elevation exceeding 10 feet from the previously existing grade.
Installed on or in the ground and not attached or affixed to any structure.
A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, which generates electricity for onsite or offsite consumption.
The region or environment where a plant or animal grows or lives.
Means, without limitation, any flammable, explosive, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated biphenyls, petroleum, petroleum and petroleum products, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 1801 et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601 et seq.), Articles 17 and 27 of the New York State Environmental Conservation Law or any other applicable environmental law and the regulations promulgated thereunder.
An occupation or business activity which results in a product or service, conducted entirely within a dwelling unit. A home occupation shall be clearly subordinate to the residential use of the dwelling unit. See § 250-56, Home occupations.
A legally established membership organization, created and regulated under the authority of the Attorney General of New York State, for the purpose of maintaining joint ownership of property. Such organization shall have the power to collect funds to assure property maintenance, including the ability to impose liens against lot owners or dwelling unit owners.
An establishment for temporary occupation, including overnight admission, of the sick or injured for the purpose of medical diagnosis and treatment. Such an establishment may be either public or private, and shall be limited to the treatment or care of humans. See also "clinic," "nursing or convalescent home," and "alternate care facility."
The estimate of the amount of distributed energy resources that may be accommodated without adversely impacting power quality or reliability under current configurations and without requiring infrastructure upgrades.
A building or group of buildings which offers rental sleeping rooms, and which may also include dining rooms, bars, kitchens, serving rooms, ballrooms and other facilities and services intended primarily for the accommodation of its patrons.
Includes the entire range of economic activity, and as applied to specifics, i.e., manufacturing, wholesale, retail, services, etc., shall have the meaning set forth in the Standard Industrial Classification Manual, published by the Executive Office of the President, U.S. Office of Management and Budget, as currently updated.
A lot, land or structure, or part thereof other than a completely enclosed building, over 200 square feet in area used for or occupied by the collection, storage and/or sale of waste materials; or for the collection, dismantling, storage and salvage other than in a fully enclosed building of machinery or vehicles not in operating condition and/or for the sale of their parts. Two or more motor vehicles not in operating condition shall be deemed to constitute a junkyard. A vehicle shall be deemed not to be in "operating condition" if it is no longer in condition for legal use on the public highways, i.e., registered and inspected, if required, for one month.
Any premises on which are kept four or more dogs more than six months of age for the purpose of boarding, care or breeding.
An inland body of water that, for the purposes of this chapter, has a surface water area at the mean high water mark of one acre or larger.
Vegetation and terrain left undeveloped and essentially unaltered in its natural state in order to allow vegetation and wild animals to be untouched by human actions.
A lot or land area used for the disposal or abandonment, burial, burning, or other disposition and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind, including construction debris. A private compost pile shall not be construed as a landfill.
A business establishment equipped with individual clothes-washing and drying and/or cleaning machines for the principal use of retail customers.
A use involving the manufacture of a product, but not requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in violation of the performance standards stated within § 250-28 of this chapter.
Any person who occupies a dwelling or accessory dwelling unit or any part thereof while it is being utilized as a short-term rental in exchange for consideration, monetary or otherwise.
A piece, parcel, tract or plot of land owned in fee, and occupied or designed to be occupied by a principal building or buildings and including the yards and other open spaces required by this chapter. "Premises" and "property" may mean one lot or multiple lots, when used with reference to a subdivision. Where a lot is in common ownership as part of a cluster development, "premises" shall mean the area related to or property owned by residents of one dwelling unit.
The total land area of a lot within the property lines, excluding any area devoted to external streets.
The calculation of minimum lot area as required in this chapter shall be construed to include areas covered by utility easements and conservation easements, shall exclude areas not owned and shall exclude areas devoted to public streets.
A lot abutting upon two or more streets at their intersection 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 right-of-way is the "corner."
The entire unvegetated area of the lot, including the area covered by all structures, parking areas, driveways, walkways, patios and terraces.
The horizontal distance from the street line of the lot to its opposite rear line measured along the median between the two side lot lines.
That portion of the lot which abuts the street.
A lot other than a corner lot.
The lines that bound a lot as defined herein.
Any lot which has been established as such by plat, survey, record, or deed prior to the effective date of this chapter as shown on the records of the Dutchess County Clerk's Office. For use of existing lots of record, see § 250-18, Existing lots of record.
A lot which does not achieve the minimum lot width at the minimum required setback distance from the street, and therefore requires an accessway, which shall be a minimum width of 40 feet. See § 250-25, Rear lots.
Any lot which is of less than the prescribed lot area, lot width, or lot frontage for the district in which it is located.
An interior lot having frontage on two parallel or approximately parallel streets.
The horizontal distance between the two side lot lines measured at a right angle to the lot depth.
The required lot width measured at the front building line.
An establishment which uses industrial equipment such as metal lathes, grinders, polishers, welding equipment, drill presses, computer-driven machinery, electronic test equipment or similar tools to do repair or manufacture of any item, product, machinery, engine, vehicle or any parts thereof, including automobile or truck body repair or painting.
The collection of solid animal wastes for subsequent disposal, application, or other use. Manure storage shall not be construed to include the use of manure as part of a compost operation.
A long-range plan officially recognized as a guide for the physical growth and development of a community, also called a "comprehensive plan."
A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, whether or not connected to utilities, and designed and constructed with or without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of again being separated into the components for repeated towing. "Mobile home" shall include units designed to be used for residential, commercial, educational or industrial purposes, excluding camping trailers. A factory-manufactured home as defined herein shall not be construed as a mobile home.
Any lot on which two or more mobile homes are located regardless of whether or not a charge is made for such accommodations.
A site plan application process modified in accordance with New York Agriculture and Markets Law and Guidance Documents for use by farm operations. See § 250-51G for detailed scope and requirements.
A building or group of buildings containing not less than eight individual rental living and sleeping units, each of which is provided with a separate exterior entrance and a parking space and is offered for rental use principally by motor vehicle travelers. The term "motel" includes, but is not limited to, similar establishments known as an “auto court,” “motor hotel,” “motor court,” “motor inn,” “motor lodge,” or “tourist court.” The term "motel" shall not be construed to include a truck terminal. A restaurant shall not be construed to be an accessory use of a motel.
A self-propelled vehicle designed or equipped for temporary living quarters. See also "camping vehicle."
A lot on which is located a building and/or open area other than the street used for the display, sale or rental of new or used automobiles, vans, trucks, cargo trailers, motorcycles, motor homes, or other vehicles requiring registration for road use.
The person designated by the Town Board, who shall administer the duties of the Zoning Administrator and Building Inspector. The Municipal Code Enforcement Inspector shall have all the duties and powers prescribed herein to the Zoning Administrator and the Building Inspector. Accordingly, all references in the Town Code to the Zoning Administrator and Building Inspector shall be deemed to include the Municipal Code Enforcement Inspector as if the Municipal Code Enforcement Inspector is explicitly referenced therein. See "Building Inspector" and "Zoning Administrator".
The building of a structure where none existed or an addition to an existing structure that increases the floor area.
A lawful existing building or structure which contains a use permitted in the zoning district in which it is located, but which does not conform to the applicable district regulations for lot area, size, coverage or yards, or maximum height after the effective date of this chapter. A fence shall not, however, be construed to be a nonconforming structure. An unlawful building or structure is not a nonconforming building or structure.
A lot of record which does not comply with the area, width, shape, or frontage provisions of this chapter for the district in which it is located. Noncompliance with minimum parking setbacks shall not be construed to cause a lot to be a nonconforming lot.
Any sign lawfully existing prior to the effective date of this chapter which does not conform to the provisions of this chapter for the district in which it is located.
Any use lawfully existing prior to the effective date of this chapter, 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 unlawful use prior to the effective date of this chapter is not a nonconforming use.
A nonconforming use, lot, building, or other structure which existed lawfully, whether by variance or otherwise, on the effective date of this chapter and which fails to conform to one or more of the provisions of this chapter or such amendment. No nonconforming use, lot, building, or other structure shall be deemed to have lawfully existed on the effective date of this chapter unless it can be proven that it was actually in being on such date and that its use was lawful under all laws existing at the time, or that a valid building permit had been issued and actual construction lawfully begun prior to that date. Actual construction is hereby defined as the placing of construction materials in a permanent position in accordance with the plans for the building or other structure and with the intent to complete the construction in an expeditious manner.
Any use which is dangerous, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the standards and criteria established by this chapter and other applicable laws, rules, codes and regulations.
An interference with the enjoyment and use of property.
An establishment consisting of gardens, greenhouses, and/or land under cultivation, and may include buildings and structures associated with these activities, which grows trees, plants, flowers, shrubs, or vegetables for sale. Such establishment is permitted to sell primarily those products produced or grown on the property. Purchase of products or produce for resale is not permitted, nor are machine sales or repair to be construed as accessory uses of a nursery.
See "day-care facility."
Any establishment where persons are housed or lodged and furnished with meals and nursing care for hire. For the purposes of this chapter, nursing and convalescent homes are considered alternate care facilities.
The use of a building, structure or land.
Occupancy for a period not exceeding four months during any one calendar year.
A building or portion thereof wherein professional, administrative, or clerical services are performed, which are sold primarily to other businesses and generally not to the public. Two tenants, each conducting its own business, shall be construed to be two establishments.
A building or portion thereof wherein professional, administrative, or clerical services are performed, which are sold or offered for sale to the public. Two tenants, each conducting its own business, shall be construed to be two establishments.
A map, adopted by the Town Board, showing streets, highways and parks heretofore laid out, adopted and established in accordance with § 270 of the Town Law, or which may have been revised according to the provisions of § 273 of the Town Law.
Any and all agricultural products produced by a farmer as part of a farm operation.
An operation where animals are butchered for food and located on the farm where the animals have been grown. On-farm slaughterhouses do not accept animals for butchering from any other farm operation or any outside source.
Land and/or water in its natural state and containing no buildings or structures or land set aside or dedicated to remain unimproved except for improvements in support of agriculture.
A statute passed in accordance with the procedures set forth in Town Law, the Municipal Home Rule Law or other appropriate laws, rules and regulations. Any use of the word "law" or "local law" may be construed to mean "ordinance," if the document referred to was passed as an ordinance.
An event or a portion of an event that occurs outside a building or structure, including events or portions of events held within tents, gazebos or other nonenclosed structures.
The owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, or executor trustee of a building, structure or premises. The term "owner" shall not include another member of the owner's family, unless that member is jointly an owner, or power-of-attorney is demonstrated to have been executed thereto.
An area of land identified with a parcel identification number by the Real Property Tax Service Agency of Dutchess County.
Any land and/or associated structures created and maintained by a municipality or organization for the express use and enjoyment by the general public for recreational purposes.
The keeping of a vehicle for less than 48 hours. See "storage."
A lot on which patrons are allowed to park or store vehicles which can include a structure for collecting money or handling tickets. A parking lot includes a public garage.
The area required for parking one vehicle. See § 250-63, Off-street parking and loading.
Any finely divided liquid or solid matter, including smoke, capable of being air-, gas- or waterborne.
Perennial vegetation shall mean vegetation which grows back on its own for multiple years, but does not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
Regulations in this chapter for the control of particular activities which are considered objectionable, offensive or hazardous.
A specific use noted with the "permitted use" symbol in the Schedule of Use Regulations,[5] and for which land, lots, buildings or structures may be used, occupied or maintained under this chapter.
Any individual, firm, corporation, partnership, association, trustee or legal government entity.
An establishment primarily engaged in providing services involving the care of a person, including but not limited to barber and beauty shops.
An inland body of water that, for the purposes of this chapter, has a surface water area at the mean high water mark of one acre or larger.
A porch open on three sides except for wire screening. A porch shall not be considered open if enclosed by either a permanent or detachable glass sash. A structure having a driveway running to it, under it, or through it shall not be considered an open porch.
Land, designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, and oilseed crops and is also available for these land uses.
Soils that have the best combination of physical characteristics for the production of food, feed, fiber, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides and labor, and without intolerable soil erosion. Such soils do not include land committed to urban development, water storage, or other uses that cannot economically be returned to agriculture. Specific prime and statewide important soil types for Dutchess County are determined by the United States Department of Agriculture Soil Conservation Service.
A building including covered porches that is located on a lot within an agricultural district, is part of a farm operation, and in which is conducted the principal agricultural use of the lot on which such building is located.
The main agricultural use conducted by a farm operation within an agricultural district.
The main use permitted under the zoning classification in accordance with the zoning district regulations. See also "principal building."
An establishment that provides duplicating services using photocopy, blueprint, or offset printing equipment, or collating of booklets and reports, for sale to the public, and having total personnel, including owner(s), of no more than five people.
An establishment that provides duplicating services using photocopy, blueprint, or offset printing equipment, or collating of booklets and reports, or large-scale book publishing or other printing, primarily for sale to other businesses, and only incidentally to the public, and any printing establishment having total personnel, including owner(s), of more than five people.
Any use which is not listed in the Schedule of Use Regulations[6] or which is not listed and designated as a permitted use, special permit use, or permitted accessory use, in a specific zoning district shall be considered a prohibited use in that zoning district, as herein defined.
See “stable, public."
A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, as a commercial or industrial operation, and exclusive of the process of grading preparatory to the construction of building for which a building permit has been issued, or highway construction.
Computer-generated estimates of the radiation emanating from antennas or repeaters located on a specific tower or structure. The height above ground, and above mean sea level, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations.
Public or private land developed with facilities for passive recreation, e.g., trails, picnic areas, and/or with facilities for active outdoor individual or organized recreation, such as ball fields, tennis courts, swimming, or ice-skating.
See "camping vehicle."
A lot or land area for the collection of waste materials which are to be re-used, or recycled, and which are subsequently transported to the re-use location or another collection point. See also "transfer station."
A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products except as incidental to the principal purpose of the laboratory. See the Schedule of Use Regulations, "Light Manufacturing."[7]
Used as or for a dwelling, as herein defined. See also "district, residential."
A development pattern in which dwellings are concentrated in specific areas of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
An establishment open to the general public for the preparation, serving, and consuming of food and beverages that cannot be classified as part of a farm operation. See also "farm restaurant."
An establishment where goods or products are sold or rented and are offered to the public. Special use permit or site plan approval shall be limited to the specific use applied for, not for "retail business or service" as a category.
This area includes all lands in the Town of Clinton which are 500 feet above mean sea level or higher.
Lands of particular scenic and historic importance to the Town of Clinton, which are subject to regulations which exempt single-family residences and agricultural uses. Included are the Ridgeline Protection Overlay Area and the Scenic and Historic Protection Overlay Area.
A legal right of use and passage over, under or through another person's property, including an easement.
A public way primarily used, or intended to be used, for passage or travel by motor vehicles. Unless otherwise specified, measurement shall be to the center line of the street. The "edge" of such public way shall mean the shoulder or ditch.
Any structure or vehicle not otherwise classifiable as either an agricultural structure or an agricultural commercial structure used to display and sell or share the agricultural products of a non-commercial grower or producer without entry by the general public, and which uses its proximity to a road to attract potential customers. See § 250-51, Farm operations and agricultural businesses.
A roadside building, structure, or vehicle used to market, sell, or share second-hand or self-made goods. Annual or semi-annual garage sales or yard sales shall not be considered roadside vendors, provided they are not conducted with regularity or frequency.
Installed on or connected to any building or structure.
A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption.
Any parabolic dish, antenna, or other device or equipment of whatever nature or kind, more than two feet in diameter, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites. This does not include any device which transmits and receives electromagnetic waves in order to provide commercial communications services.
A facility that uses mechanical processes to transform wood through cutting, sawing, or shredding operations for commercial purposes.
This area includes lands which are within the Taconic State Parkway Viewshed, within the hamlets included on the Town Zoning District Map and within Clinton's seven Critical Environmental Areas.
An educational institution for elementary education.
Educational institution for secondary education.
Any school having scheduled sessions with employed instructors who, as a principal activity, provide training in a trade or vocation, under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or a corporation meeting the requirements of the state.
See "occupancy, seasonal."
A term which, when used with reference to a building, shall mean connected to another building by at least one common wall. See also definitions for "attached" and "detached."
All exterior pipes, fittings, tanks, pits, and similar apparatus for the collection, processing, and dispersal of sewage, but not including such pipes or fittings between the building and the first such tank or distribution point. All required setbacks for septic systems or parts thereof shall not include the building's interior fixtures or plumbing or the line from the building to the first tank or distribution point.
The minimum horizontal distance from the property line to any structure, roadway, parking area, accessory building or other such improvement on the lot, except necessary driveways. See related terms "yards," and "minimum yards."
The setback, as herein defined, measured to the center line of the roadway or street. See also § 250-23, Measurement and use of yards.
For camping trailers or camping vehicles, refers to the camping trailer or camping vehicle when fully extended in accordance with all designed expansions and foldouts affecting interior living space.
Any dwelling or accessory dwelling unit, or part thereof, which is rented in exchange for consideration, monetary or otherwise, by the owner(s) in exchange for temporary occupancy for a period of less than 30 consecutive nights, and is not a bed-and-breakfast establishment, hotel, motel, camp and campground.
A short-term rental which has a dwelling or accessory dwelling unit that is occupied by the owner who resides in a dwelling or accessory dwelling unit located on the same lot or an adjacent lot as the short-term rental during the period the short-term rental is available to a lodger(s).
A short-term rental exclusively occupied by a lodger(s), without the owner occupying the dwelling unit with all or part of the dwelling unit available to a lodger(s).
A document issued by the Zoning Administrator which permits hosted short-term rental pursuant to the terms and conditions set forth therein.
An entity which the owner of a dwelling unit or accessory dwelling unit utilizes for the advertisement and reservation of their dwelling or accessory dwelling unit as a short-term rental. Such entities shall include but not be limited to Airbnb and Vrbo.
Any structure or part thereof, attached thereto, or painted or represented thereon, or advertising display upon a building or other surface, which displays or includes any letter, model, banner, flag, pennant, insignia, device or representation. Such definition shall apply only to representations which are visible from the outdoors.
A sign which directs attention to a business, profession or industry located on the premises where the sign is displayed, to the type of products sold, manufactured or assembled, and/or to service or entertainment offered on said premises.
A sign advertising the sale of farm products raised on the premises.
A sign used to identify the individual or organization occupying the premises or the name of the building or structure in connection with which the sign is displayed.
A sign advertising the property on which the sign is located, or a building thereon, for sale, rent or lease.
See "conceptual plan."
Waste solids removed from sewage, including septage from septic systems.
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
The components and subsystems required to convert solar energy into electrical energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows.
Tier 2 solar energy systems include ground-mounted solar energy systems with system capacity up to 25 kW AC and that generate no more than 110% of the electricity consumed on the site over the previous 12 months, or estimated usage over the previous 12 months based on new construction.
Tier 3 solar energy systems are systems that are not included in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting solar energy into electricity.
A permit under which a specific use may be permitted if and only if the use meets all the conditions required in this chapter and all the general standards listed herein. For uses requiring special use permits, see the Schedule of Use Regulations;[9] for general standards for special use permits, see § 250-97; and for conditions for special use permit approval of specific uses, see Article V, Supplementary Regulations.
An accessory building in which horses are kept for private use and not for hire, compensation or sale.
Any establishment where horses are kept for riding, driving, or stabling for compensation or as an accessory use to the operation of any club, association, ranch or similar establishment.
For the purposes of this chapter, steep slopes are determined to be of two general classifications as defined below:
Lands exhibiting slopes of 15% to 25% as calculated by the vertical rise divided by the horizontal distance over any ten-foot interval and encompassing a geographical area of more than 10,000 square feet. (Example: a 1 1/2 foot vertical rise over a ten-foot interval is a 15% slope.)
Lands exhibiting slopes of greater than 25% as calculated by the vertical rise divided by the horizontal distance over any ten-foot interval and encompassing a geographical area of more than 10,000 square feet.
The keeping of goods, vehicles, wares or supplies for any length of time. Storage includes "parking." This definition, however, shall not be construed as including the activities of a junkyard or landfill as defined herein.
A device that stores electrical energy and makes it available in an electrical form.
Storage on land outside any building or structure.
That part of a building between any floor, other than the cellar floor, and the floor or roof next above.
See "road."
The boundary between a lot and the right-of-way line of a street, as indicated by dedication or deed of record.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof, or any addition, change or rearrangement in the structural parts, or removal of a structure from one location to another.
A static construction, or assembly, or materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having such a fixed location. Structures shall include, but are not limited to, buildings, stalls, booths, sheds, storage bins, swimming pools, tennis courts, gasoline pumps, billboards, and mobile dwellings. Structures shall not include common utility poles and related items thereon, nor walls, fences, or signs. See also "accessory structure."
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land.
The current standards and requirements known as "Subdivision Regulations" for the Town of Clinton.[10] Wherever any requirement of this chapter is determined by the Planning Board to be inconsistent with the Subdivision Regulations, the more restrictive requirement shall apply.
Additional standards for general and specific uses, found in Article V herein.
Any body of water or receptacle for water having a depth at any point greater than two feet and having a water surface area greater than 100 square feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained on any building or on a lot. Such definition shall exclude natural bodies of water fed by rivers, streams, brooks or springs.
For the purposes of this chapter, this area includes all lands in the Town of Clinton which are within 3,000 feet of the paved surface of the Taconic State Parkway.
See “bar or tavern.”
For the purposes of this chapter, "temporary" shall be defined as a period of not more than 30 calendar days. See related terms "occupancy, seasonal" and "transient."
Open land with appurtenant facilities used principally for the showing of motion pictures to patrons seated in automobiles.
A building or part thereof used principally for presenting entertainment on a paid admission basis.
The on-farm production, management, harvesting, processing, and marketing of timber grown on a farm operation into woodland products, including but not limited to logs, lumber, posts, and firewood.
That New York State licensed professional engineer, or engineering firm, or employee of such firm, or Town employee or consultant, who shall be chosen by the Town Board to perform duties of the Town Engineer for purposes of this chapter.
The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
A row of two or more attached dwelling units wherein each unit is intended for single-family occupancy. Each unit shall share a common wall with one or more other units and shall not share a common floor or ceiling. Ownership of the townhouse may include the land on which the unit is placed.
A vehicle designed exclusively for the transportation of a boat or boats.
See "camping trailer."
A vehicle, not over 70 square feet in floor area, used for the hauling of cargo.
A lot or land area, including structures, used for the collection of garbage, waste, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind, and/or recyclable materials, for subsequent transportation to a disposal facility. A transfer station may include a recycling center.
Used herein to mean any occupancy of duration less than or equal to 14 days in a calendar year.
Any premises used by a motor freight company regulated by the Public Service Commission of New York and/or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods being transported, or an establishment used for storing, transferring, loading and unloading such goods, or an establishment for the origin, destination, loading or discharge of passengers on public transportation.
The average height of a stand of trees.
The New York State Uniform Fire Prevention and Building Code, a copy of which may be seen at the office of the Building Inspector.
The specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.
The controls that enumerate the permitted, principal, permitted accessory and special permit uses within each of the zoning districts established by this chapter.[11]
A provider of FCC-licensed commercial communications services which operates on a facility it owns or leases from another owner. For the purposes of this chapter, users do not include the customers of FCC-licensed carriers, who may use wireless services provided by these carriers.
A corporation licensed and regulated under the laws of New York State as a public utility. A "utility station or structure" is any structure and/or related equipment constructed or erected, or intended to be constructed or erected, by a public utility.
A modification of the strict letter of this chapter in a case where the strict interpretation could cause "practical difficulties" or "unnecessary hardships," as determined by the standards contained in this chapter. For the types of variances and the standards applied to each type, see § 250-98, Zoning Board of Appeals powers and duties. For exceptions to conditions required for special use permits, see § 250-97, Special use permits.
Any vehicle, registered for use on public highways, including but not limited to pickup trucks, trucks, vans, buses, trailers, which (1) contains an exterior commercial identification, other than agriculture; or (2) is used principally for business, other than agricultural operations. Such definition shall exclude vehicles registered as special purpose commercial vehicles or similar heavy vehicular machinery. Standard unmarked automobiles designed only for passenger use shall not be construed to be commercial vehicles.
Any person, including an employee or agent of another, who sells, advertises, or offers to sell food, beverages, goods or merchandise on or within the prescribed distance from any public street, right-of-way, or sidewalk from a stand, motor vehicle or from his or her person. Such definition shall not be construed to prohibit door-to-door sales or solicitations, unless otherwise regulated by local law.
An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment.
A building or portion thereof used for the storage of goods or materials. This definition shall not be deemed to include storage as an accessory use in connection with a permitted principal use on the same property.
Any water discharged from a structure through a plumbing fixture, including, but not limited to, sewage and any other waste such as water softener brine produced on the premises.
A stream, creek, brook, or other path through which surface water travels on a regular or seasonal basis. Drainage areas which contain water only during and immediately after a rainstorm shall not be considered watercourses.
Any area, which meets one or more of the following criteria:
Lands and waters that meet the definition provided in § 24-0107, Subdivision 1, of the New York State Environmental Conservation Law, Freshwater Wetlands Act, or as amended and updated. The approximate boundaries of such lands and waters are indicated on the official wetlands map promulgated by the Commissioner of the New York State Department of Environmental Conservation, or as amended and updated.
An area that is comprised of hydric soils and/or are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and under normal conditions do support, a prevalence of hydrophytic vegetation as defined by the Federal Interagency Committee for Wetlands Delineation, 1989, in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Washington, D.C., and adopted by the United States Army Corps of Engineers, United States Environmental Protection Agency, and the United States Fish and Wildlife Service, or as amended and updated. Hydric soils referenced above shall include the soil types taken from the revised Dutchess County Soil Survey Series, 1991, or such revised, updated and adjusted soil surveys as may be completed. The wetland resources described above are designated on maps from the New York State Department of Environmental Conservation Environmental Conservation Law, Freshwater Wetlands Act and National Wildlife Inventory maps developed by the United States Fish and Wildlife Service.
An establishment primarily engaged in selling merchandise to retailers, to other wholesalers, or to industrial, commercial, institutional or professional business users, or primarily acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies, and only incidentally to the public. Special use permit or site plan approval shall be limited to the specific use applied for, not for "wholesale business" as a category.
An arrangement or combination of components, including power conditioning equipment, designed to provide electricity or mechanical energy through the process of converting wind energy into mechanical and/or electric energy and storing or distributing such energy. The means of converting wind energy to electricity is accomplished by a mechanical wind generator, wind turbine, wind power unit, or wind energy converter, which are often generically referred to as a "wind generator" or "windmill."
The open area which lies between a lot line and the nearest wall of a building or group of buildings and shall be unoccupied, except as herein permitted.
An open area extending across the entire width of the lot between the front main wall of a building and the center line of the street. See also § 250-23, Measurement and use of yards.
The open, unoccupied area created by the required shortest distance from a property line that a building can be constructed or erected, in accordance with the Area and Bulk Regulations prescribed herein.[12]
An open space extending across the entire width of the lot between the rear main wall of a building and the rear lot line.
Any sales of goods, indoor or outdoor, including but not limited to garage sales, barn sales, and estate sales.
An open space extending along the side of a lot between a side wall of a building and a side line of the lot and extending through from the front yard to the rear yard.
The person designated by the Town Board to administer the duties of this position as defined herein. See also "Municipal Code Enforcement Inspector."
The map delineating the boundaries of the various districts established under this chapter which, along with the text, comprises this chapter.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
[2]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[3]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[4]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[5]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[6]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[7]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[8]
Editor's Note: The Schedule of Use Regulations is includes as an attachment to this chapter.
[9]
Editor's Note: The Schedule of Use Regulations is included as an attachment this chapter.
[11]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
[12]
Editor's Note: The District Schedule of Area and Bulk Regulations is included as an attachment to this chapter.