A dwelling unit occupying the lesser of 1,000 square feet or 30% of the floor space of an owner-occupied structure containing a principal use that is single-family residential or nonresidential, or a dwelling unit no larger than 1,000 square feet located in an accessory structure on an owner-occupied property.

A structure greater than 500 square feet, or an improved area involving more than 5000 square feet of impervious surface, that is subordinate to a principal use on the same lot or assemblage of lots and used for a purpose or purposes customarily incidental to those of the principal building or use. Multiple accessory facilities of the same kind which are grouped to comprise a contiguous area of impervious surface shall be considered one accessory facility (e.g., multiple basketball courts or a grouping of activity pavilions).

A structure detached from and subordinate to a principal building on the same lot and used for purposes customarily incidental to those of the principal building or use, including accessory apartments.

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

A strip of land abutting a public or private road, providing access to a rear lot (see § 145-22).

A bookstore, video store, nightclub, movie theater, retail store, or other establishment which prominently features entertainment or materials with sexually explicit content. An establishment which sells such materials as an incidental part of its business or which presents such material or entertainment primarily as a form of legitimate artistic expression shall not be considered an adult entertainment business.

An identification of farm operations within an agricultural district located within 500 feet of the boundary of property upon which a subdivision is proposed, as provided in § 305-a of the Agriculture and Markets Law. An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

The commercial utilization of land, water, and structures for the raising, production, preservation, processing, storage, and sale of agricultural commodities such as crops, plants, flowers, vines, trees, sod, shrubs, livestock, poultry, fish, shellfish, honey, Christmas trees, or dairy products, not including light industry or use of land primarily for the disposal of offal or garbage. A produce sales facility not exceeding 600 square feet in footprint area and a boarding stable operated in conjunction with a farm operation (as defined herein) shall be deemed to be agricultural accessory uses. Agricultural activities on residential parcels of less than 10 acres shall be deemed to be a residential accessory use.

As applied to a structure, a change to or rearrangement of the structural parts or exterior appearance of such structure, or any expansion thereof, whether by extension of any side or by any increase in height, or the moving of such structure from one location to another.

Any person, corporation, or other entity applying for a building permit, certificate of occupancy, special permit, site plan or subdivision approval, variance, or zoning amendment.

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, servicing, or repairing such motor vehicles.

A dwelling in which overnight accommodations not exceeding four bedrooms and breakfast are provided for transient guests for compensation. A bed-and-breakfast must be the primary residence of the owner/proprietor.

See "riding academy."

That portion of a lot which is suitable for building structures and locating septic disposal facilities, i.e., all land excluding wetlands and watercourses, slopes exceeding 15%, and flood hazard areas as mapped on the Federal Emergency Management Agency's Flood Insurance Rate Map.

A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or property.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof. When a lot fronts on two or more streets of different levels, the lower street level shall be taken as the base for measuring the height of the building.

A building or structure in which is conducted the main or principal use of the lot on which it is located.

Any area of land or water on which are located two or more cabins, tents, group lodgings, recreational travel vehicles, shelters, houseboats, or accommodations designed for seasonal or other temporary living purposes, regardless of whether or not such structures or accommodations are occupied seasonally. Accessory facilities traditionally associated with an overnight camping facility, such as management office, first aid station, swimming pools, tennis or other sport courts, laundry facilities, picnic pavilions, sports fields, and playground areas, are also permitted. All camp, Type 1 uses are subject to the provisions of § 145-45.

Any land or building used for what are commonly known as "day camp" purposes, where no regular overnight accommodations are provided, occupied by adults, children, or any combination of individuals, families, or groups.

Land used or intended to be used for the burial of dead human beings and dedicated for such purpose, including columbariums, mausoleums, and mortuaries when operated as part of a cemetery and within its boundaries, but excluding crematoria.

The initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category, shall not be considered a change of use. See § 145-10F.

A not-for-profit corporation or association organized for charitable purposes, including but not limited to education, social welfare, environmental conservation, scientific research, cultural enrichment, and the arts.

Any cutting of all or substantially all trees over six inches in diameter at breast height.

Premises used by a not-for-profit organization catering exclusively to members and their guests for social, recreational, athletic, or similar purposes.

The town official charged with the administration and enforcement of this chapter and/or Chapter 47 of the Dover Town Code, also referred to as the "Zoning Administrator" or "Building Inspector."

The cutting and sale of 10 acres or more of standing timber.

A driveway serving no more than four lots, owned in common or created by reciprocal easements.

A structure used primarily for transmitting and/or receiving radio, television, microwave, cellular telephone, or similar electromagnetic signals. Any communication tower exceeding 35 feet in height above average grade level shall be deemed to be a principal use, not an accessory use. The following shall not be considered to be communication towers:

An application for a special permit, site plan or subdivision approval, zoning amendment, or variance found by the reviewing board to satisfy all information requirements of this chapter and of the New York State Environmental Quality Review Act, for which either a negative declaration has been issued or a draft environmental impact statement has been accepted as satisfactory pursuant to 6 NYCRR 617.8(b)(1).

Complying with the use, density, dimensional, and other standards of this chapter, or permitted to deviate therefrom by special permit, site plan approval, or variance.

A perpetual restriction on the use of land, created in accordance with the provisions of Article 49, Title 3 of the Environmental Conservation Law or § 247 of the General Municipal Law, for the purposes of conservation of open space, agricultural land, and natural, cultural, historic, and scenic resources.

A mobile home unit used for nonresidential purposes associated with on-site construction.

See "lot, corner."

A facility providing commercial hospitality lodgings in an open space setting that are principally intended for vacationing, group retreats, and conferences, and that includes meeting and/or conference rooms, a banquet or on-site catering facility, and amusement and sports facilities for the use of the country inn/conference center guests.

A place where artists, artisans, craftsmen, and other skilled tradespeople produce custom-made art or craft products, including but not limited to baskets, cabinets, ceramics, clothing, flower arrangements, jewelry, metalwork, musical instruments, paintings, pottery, sculpture, toys, and weaving.

Any man-made change to improved or unimproved real estate, including but not limited to construction or alteration of buildings or other structures, as well as mining, dredging, filling, paving, excavations, or drilling operations.

A private way providing vehicular access from a public or private road to a residence or to a commercial or noncommercial establishment.

A building designed or used exclusively as living quarters for one or more families.

A dwelling containing separate living units for three or more families.

A detached building designed for the use of one household, including one or more persons living as a family, and wherein not more than three boarders are sheltered and/or fed for compensation.

A detached building containing two dwelling units.

A building or portion thereof providing complete housekeeping facilities for one family.

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

One person, or a group of two or more persons living and cooking together in the same dwelling unit as a single housekeeping entity.

Land used in agricultural production, farm buildings, equipment, and farm residential buildings.

A hedge, structure or partition erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions or to separate two contiguous properties.

Land subject to a one-percent or greater chance of flooding in any given year; same as the "area of special flood hazard" defined in Local Law Number 2 of 1987.[1]

The sum of the areas of habitable or commercially usable space on all floors of a structure, including the interior floor area of all rooms (including bathrooms and kitchens), closets, pantries, and hallways that are part of a dwelling unit or inside a commercial building, excluding cellars or unfinished basements.

Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and footings and covered by roofing. In the case of party-wall buildings, each unit shall be considered a separate structure for purposes of measuring footprint area.

Use or management, including commercial logging, of a forest, woodland, or tree plantation, and related research and educational activities, including the construction, alteration, or maintenance of roads, skidways, landings, fences, forest drainage systems, barns, sheds, garages, and research, educational, or administrative buildings or cabins directly and customarily associated with forestry use.

The side of a building or structure parallel to and closest to a road or street. On a corner lot, both sides of a building facing the street shall be considered the front.

An unenclosed structure not exceeding 12 feet in height without solid walls, screens, electricity, or plumbing.

Spillover of artificial light beyond the area intended for illumination in a manner which either impairs vision or beams light onto adjoining properties or toward the sky.

Any excavation, alteration of land contours, grubbing, filling, or stockpiling of earth materials.

Any cabins, dormitories, lodges, or similar structures providing overnight sleeping accommodations for membership clubs, youth groups, religious groups, or private functions, and that are accessory to a camp, Type 1 or recreational business. Group lodging shall not include sleeping accommodations for compensation for individual transient guests.

Includes any of the following:

All materials or chemicals listed as hazardous wastes pursuant to Article 27 of the Environmental Conservation Law and all toxic pollutants as defined in Subdivision 19 of § 17-0105 of the Environmental Conservation Law.

A hospital, nursing home, medical clinic, or office building for doctors and other medical personnel.

Manufacture, assembly, treatment, processing, or packaging of products in a manner that emits or is likely to emit objectionable levels of smoke, noise, dust, odor, glare, water pollution, or vibration beyond the property boundaries.

An occupation, trade, profession, or other business activity resulting in a product or service for compensation, conducted wholly or partly in a dwelling unit or accessory structure.

Any hotel, motel, or other establishment providing sleeping accommodations for transient guests, with or without a dining room or restaurant, excluding bed-and-breakfast establishments, and sleeping and overnight accommodations associated with a recreational business, camp, Type 1, or country inn/conference center.

Any material covering the ground through which water does not readily penetrate, including but not limited to roofed structures, compacted soil, and pavement consisting of concrete, oil and stone, tar, or asphalt.

The ratio between impermeable surface and total land area of a lot (excluding wetlands, watercourses, and floodplains) expressed as the percentage of land covered by impermeable surfaces.

A road constructed off of an existing public street that provides access to the interior of a parcel.

Any worn-out, castoff, discarded, or neglected article or material which is ready for destruction or has been collected or stored for salvage, sale, or conversion to another use. "Junk" does not include any article or material which unaltered or unchanged and without further reconditioning can be used for its original purposes as readily as when new, or any article stored for restoration or display as part of a bona fide hobby (such as antique automobiles, antique farm machinery, antique engines, special interest automobiles, etc.).

Any vehicle not operable on the public highway system, unless such vehicle is an antique or special interest automobile stored for restoration and/or display as part of a bona fide hobby.

The use of 400 square feet or more of area on any lot outside a fully enclosed structure for the storage or collection of junk or junk cars.

Any establishment including cages, dog runs, and structures wherein more than three dogs which are over six months old are kept for sale, boarding, care, or breeding, for which a fee is charged.

Manufacture, assembly, treatment, processing, or packaging of products that does not emit objectionable levels of smoke, noise, dust, odor, glare, or vibration beyond the property boundaries.

Any hotel, motel, inn, or other establishment providing sleeping accommodations for transient guests, with or without a dining room or restaurant, excluding bed-and-breakfast establishments.

A lot at the junction of and abutting on two or more intersecting roads.

The property 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 date of this chapter as shown on the records in the office of the County Clerk.

An area of land with definite boundaries, all parts of which are owned by the same person(s) or entities, the boundaries of which were established either by the filing of an approved subdivision plat or by the recording of a deed prior to the adoption of Subdivision Regulations of the Town of Dover on June 17, 1968.[2]

A lot on which the buildable area is located generally to the rear of other lots having frontage on the same road as such lot and having access to the road via a strip of land that does not have the minimum road frontage ordinarily required in the land use district.

A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.

A proposed use that requires a special permit or site plan approval and that exceeds any of the thresholds for a minor project.

The Master Plan adopted by the Town Board for the future preservation and development of the Town of Dover pursuant to § 272-a of the Town Law, including any part of such plan separately adopted and any amendment to such plan.

See "club, membership."

A use or combination of uses on a lot or a series of adjoining lots that requires either site plan review or a special permit and that, over a three-year period, falls within the following thresholds:

Any combination of residential, commercial, or industrial uses on the same lot or in the same building.

A transportable living unit used or designed to be used year round as a permanent residence and containing the same types of water supply, waste disposal, and electrical systems as immobile housing. Recreational vehicles designed to be driven or towed by an automobile or pickup truck, units designed for use principally as a temporary residence, or prefabricated, modular, or sectionalized houses transported to and completed on a site are not considered to be mobile homes.

Any court, part, place, lot, or parcel under single ownership which is improved for the placement of two or more mobile homes to be used as permanent residences.

See "dwelling, multifamily."

A lot of record which does not comply with the area, shape, frontage, or locational provisions of this chapter for the district in which it is located.

A structure which does not satisfy the dimensional requirements of this chapter for the district in which it is located but which was not in violation of applicable requirements when constructed.

Any use lawfully existing prior to and at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted by or does not conform to the permitted use provisions of this chapter for the district in which it is located. A preexisting lawful use which is allowed only by special permit under this chapter shall be considered a conforming use. See § 145-27.

A business, professional, or nonprofit workplace in which most activities are conducted by employees seated at desks or tables, excluding health care facilities.

The newspaper or newspapers designated by the town for the publication of official notices of meetings and public hearings.

See "floodplain."

An area of land not developed with structures. (Permanent open space is defined and discussed in § 145-20.)

Land used for the keeping of goods, wares, equipment, or supplies outside of a structure.

Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils, gasoline and kerosene.

A map or plan submitted to the Planning Board as part of an application for subdivision approval (see Subdivision Law[3]).

A map or plan showing the boundaries of a parcel and all structures and important physical features on it, drawn to scale with accurate dimensions, and submitted with an application for a minor project special permit or a variance.

A lot, together with all the structures and uses thereon.

See "building, principal."

A privately owned road held in common ownership or easement by a homeowners' association.

An installation used by a public agency or franchised public utility to supply or transmit electric, gas, water, cable television, telephone, or other utility service, excluding electric power plants and gas wells. Included are such facilities as electric substations, high-voltage transmission lines, pump stations, water supply wells, water towers, communication towers, and telephone substations. Utility distribution facilities serving customers directly are considered customary accessory uses, not public utility facilities.

Ionizing radiation; that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared, or ultraviolet light.

Any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials whose receipt, possession, use and transfer are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or United States Nuclear Regulatory Commission.

See "lot, rear."

A business which, for compensation, offers recreational services, including but not limited to stables, golf courses and driving ranges, miniature golf, tennis courts, fitness facilities, locker rooms, swimming pools, spas, clubhouses, event pavilions, trails, go-cart tracks, amphitheaters, hunting clubs, movie theaters, and other places of public or private entertainment, subject to the provisions of § 145-52.1.

A church, synagogue, or other place of religious worship, as well as a monastery or other place of religious retreat.

Any building used as a group residence or extended care facility for the care of persons, where compensation and/or reimbursement of costs is paid to an operator, pursuant to state or federal standards, licensing requirements, or programs funding residential care services.

The Suburban Residential, Hamlet Residential, Rural, and Resource Conservation Districts.

See "dwelling unit."

A use of land and structures in which people live and sleep overnight on a regular basis.

An establishment selling goods to the general public for personal and household consumption, including but not limited to an appliance store, bakery, delicatessen, drugstore, florist, grocer, hardware store, liquor store, newsstand, shoe store, stationery store, convenience store, and variety store.

The board that grants a special permit, site plan, variance, subdivision approval, or zoning amendment, or the Code Enforcement Officer reviewing a building permit or zoning permit application.

Any establishment where more than four horses are kept for riding, driving, horseback riding lessons, or stabling for compensation, or incidental to the operation of any club, association, resort, riding school, ranch, or similar establishment. A riding academy operated in conjunction with a farm operation shall be deemed to be an agricultural accessory use.

The distance along a street line measured at the front of a lot.

A public or private way for pedestrian and vehicular traffic, including avenue, lane, highway, or other way, excluding a driveway or common driveway.

The location of structures in such a manner that they are not visible (as defined herein) from a public road or any other public place during the summer months and no more than partially visible in winter. Objects or structures may be screened by topography, vegetation, or other structures not required to be screened.

A business or nonprofit organization that provides services to the public, either on or off the premises, including but not limited to building, electrical, plumbing, and landscape contracting, arts instruction or studio, automobile service station, business and educational services, catering, health club, house cleaning services, locksmith, photocopying, repair and restoration services, tailoring, typing, and word processing. "Service business" does not include retail business, restaurants, warehouses, or other uses separately listed in the Use Table. A convenience store that sells gasoline and auto supplies but does not repair or service vehicles shall be considered a retail business.

A local road running generally parallel to a through road, providing vehicular access points for individual lots, constructed to reduce the number of access points on the through road.

The distance in feet between a structure and a property line, the center line of a road, or an identified natural feature such as a watercourse.

Any billboard, signboard, inscription, pennant, or other material, structure, exterior painting, or device composed of lettered or pictorial material that is intended for outdoor viewing by the general public (including inside a window) and used as an advertisement, announcement, or direction.

The total area on each side of a sign within which all written and graphic material is contained.

A sign advertising a product, use, service, or activity sold or conducted for private financial gain.

A sign and sign support structure not attached to or part of a building.

A sign lighted by electricity, gas, or other artificial light, including reflective or phosphorescent light, paint, or tape.

A sign located within the exterior walls of a building which is readily readable from outside the building through a window, door, or other opening.

An illuminated sign that is made of translucent material with internal artificial lighting.

Any sign which extends from the exterior of any building more than nine inches.

See "dwelling, single-family."

Use of land for the purpose of extracting and selling stone, sand, gravel, or other minerals, as defined in § 23-2705 of the Environmental Conservation Law, not including the process of preparing land for construction of a structure for which a zoning permit has been issued.

All putrescent and nonputrescent materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludge from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, and being those wastes defined as solid waste in 6 NYCRR 360-1.2. Any solid waste which receives a beneficial use determination (BUD) from the New York State Department of Environmental Conservation is still considered a solid waste for the purposes of these regulations.

Any facility employed to manage solid waste beyond the initial waste collection process, including but not limited to transfer stations, bailing facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolysis of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities, as defined in 6 NYCRR 360-1.2.

The layout of a commercial use or uses in separated structures more than 50 feet apart along a highway, with parking, gasoline pumps, or other drive-up facilities located between the highway and the commercial building(s), where such parking or drive-up facilities are visible from the road.

A static construction of building materials affixed to the ground, such as a building, dam, display stand, gasoline pump, installed mobile home or trailer, reviewing stand, shed, sign, stadium, storage bin, or wall.

See "Zoning Law."

The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.

See "dwelling, two-family."

The purpose for which any premises may be arranged, designed, intended, maintained, or occupied, or any occupation, activity, or operation conducted or intended to be conducted on a premises.

A use which is customarily incidental to and subordinate to the principal use of a lot or structure, located on the same lot as the principal use or structure.

See "change of use."

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. An increase in density or intensity of use shall be deemed to require a use variance if such increase is not allowed by right or by special permit.

Able to be seen by a person of average height and with normal vision on a clear day.

A structure or structures in which materials, goods, or equipment is stored.

Any stream, pond, lake, drainage channel, or other area of land that is normally or seasonally filled with water.

An area of land that is characterized by hydrophytic vegetation, saturated soils, or periodic inundation which is classified as a wetland by either the New York State Department of Environmental Conservation or the United States Army Corps of Engineers. See § 145-35.

A mechanized system which converts wind energy into electrical or mechanical power.

An open space on the same lot with a structure.

An open space extending across the full width of the lot between the front of the principal building and the street line.

An open space extending across the full width of the lot between the rear lot line and the wall of the principal building nearest the rear lot line.

That portion of any yard required to satisfy minimum setbacks. No part of such yard can be included as part of a yard required for structures on another lot.

An open space between a principal building and the side line of the lot and extending from the front yard to the rear yard.

The officially adopted Zoning Law of the Town of Dover, together with any and all amendments thereto, in accordance with Article 16 of the Town Law and Articles 2 and 3 of the Municipal Home Rule Law.