A person who is unable to live independently and is housed in a facility designed and approved for his/her specific needs.

A sign or a structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated.

A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 194-164D, constructed for low/moderate-income households pursuant to Article XXIII.

As applied to a building, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

A facility designed for those persons who are unable to live independently at a particular time. Alternative care housing (ACH) facilities include, but are not limited to, community residences, supervised living facilities, supportive living facilities, family care homes, private property homes for adults, proprietary homes for adults, proprietary residences for adults, boardinghouses and rooming houses, nursing homes, domiciliary care facilities, residential schools for the developmentally disabled and other like facilities as determined by the Planning Board. Alternative care housing does not include "hospital."

The exterior architectural characteristics of a building or structure, including building form, facade design and roof design, color, texture, material, inclusion or exclusion of architectural elements and the shape of the building footprint.

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.

Residential care facilities that provide housing, meals, personal care and supportive services, including medical services and dementia, Alzheimer's and memory-loss care, to older persons (55 years and over) and disabled adults who are unable to live independently. Services rendered by such facilities shall not include treatment for other non-age-related mental illness or drug or alcohol rehabilitation. Such facility must be licensed by the appropriate state agency having jurisdiction over the licensing of such facilities under applicable state legislation or regulation.

Lighting that allows a sport to take place safely (i.e., designed to suit the speed of play and size of any objects used in the sport) and provide good viewing conditions, both in visibility of the sports action and comfort of the audience.

A facility principally used for the routine maintenance of motor vehicles, excluding large trucks and tractor trailers, including activities such as engine diagnostics, tuneups, changes of fluids, filters and belts, tire and shock replacement, brake and muffler repair, vehicle cleaning (detailing), engine and transmission repair and replacement, chassis and suspension repair. "Automotive service facility" shall not include body work, vehicle painting, repair of trucks with a wheel base (distance from axle to axle) in excess of 15 feet or vehicles with more than two axles, and shall not be construed to include either self-service or mechanized car or truck washes. Permitted accessory uses in an automobile service facility may include sale of parts, tires, oil or similar items as determined by the Zoning Board of Appeals, but shall not include car or truck washes or the sale of food, convenience items or gasoline.

The B-3 district is intended to permit diversified or mixed uses, including commercial, institutional, residential, recreational, and service facilities needed to support surrounding neighborhoods and the community at large in emerging commercial nodes. Second-story residential apartments are permitted above ground-floor commercial uses, and new development should facilitate pedestrian connections between residential and nonresidential uses. The district is intended to promote gradual development and redevelopment of the commercial nodes on the Town's state highways and to transition away from the predominantly auto-oriented commercial development pattern found today.

That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. A basement shall be counted as one story in determining the height of a building if it meets the criteria as habitable space as defined in the New York State Building Code.

A private residence with not more than 12 rooms for rent to transient guests. It might serve breakfast but does not have a sit-down restaurant for serving meals.

A building or portion thereof, other than a hotel, where lodging and meals are provided to three or more persons individually or as families, for compensation.

A bar or restaurant, as defined herein, that includes as an accessory use the brewing of malt beverages, vinous beverages cider, or liquor for consumption on premises. The area used for brewing, including bottling and kegging, shall not exceed 50% of the gross floor area of the commercial space and shall not produce more than 2,000 barrels of beer or 2,500 gallons of other beverages per year. This definition does not restrict farm operations which produce, prepare and market crops for wine, beer, cider and distilled spirits, meet the definitions and guidelines in New York State Agriculture and Markets Law (AML), and are protected as a "farm operation" for purposes of AML § 305-a.

An industrial operation involving the brewing and/or distillation and/or bottling for local, regional, or national distribution and packaged sales and which produces on the premises beer, wine, cider, vinous beverages, liquor or edible goods for off and/or on-site consumption in accordance with the New York State Liquor Authority, Department of Health and other applicable agency regulators. Such an establishment could include a public component, such as a tasting room, restaurant, and/or retail establishment. This definition does not restrict farm operations which produce, prepare and market crops for wine, beer, cider and distilled spirits, meet the definitions and guidelines in New York State Agriculture and Markets Law (AML), and are protected as a "farm operation" for purposes of AML § 305-a.

A structure including supports erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 16 feet between under copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening. Refer to § A197-78, Bridge/underpass/overpass, in the Town Highway Specifications for additional requirements.

An area of specified dimension identified on a site plan or subdivision plan, established to separate one type of land use from another or for the purpose of screening or blocking vision, lights, noise pollutants or negative influences in addition to maintaining the attractiveness of the community. Buffers shall remain undisturbed. Buffers may also apply to sensitive environmental lands and protected wetland areas. See the Town of East Fishkill Freshwater Wetlands Law for the definition of "wetland buffer area."[1]

The contiguous area of a lot, after deducting all environmentally sensitive lands.

A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. When separated by a party wall, each portion of such building shall be deemed a separate building.

That percentage of the plot or lot area covered by buildings, including accessory buildings.

A minor project consisting of a change of resulting in less impact or a minor site plan amendment. A project may be referred to the Building Department by the Town Engineer or the Planning Board.

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 for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

The closed traverse upon a lot which exactly encloses the exterior limits of a building.

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

A subordinate building, the use of which is customarily incidental to that of the main building on the same lot, including garages, utility sheds, storage sheds or any other outbuildings, but not including construction sheds. See § 194-107, Accessory structures.

A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land.

Any one or more of the following, other than a hotel, motel, tourist home, hospital, place of detention or school offering general instruction.

 A building, the use of which is devoted to the washing of automobiles, including but not limited to one of the following types.

A portion of a structure's interior space partially below ground level and having more than 1/2 its height below grade or less than four feet between the ground level and the structural ceiling level. A cellar shall not be counted as a story in determining the height of a building in stories.

An ambulatory health care facility where patients are admitted for examination, diagnosis and treatment on an outpatient basis by one or more physicians, dentists or other medical personnel, and where patients are not lodged overnight.

A corporate or noncorporate organization catering exclusively to members and their guests for recreational, athletic or social purposes and not conducted primarily for gain.

A subdivision plat or plats, approved pursuant to Town Law § 278 and the provisions of the Town of East Fishkill Code, in which the Zoning Law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines, and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands.

The placement of a commercial communication antenna on an existing tower or other permissible structure, usually owned by another entity. The types of structures eligible for collocation are set forth in this chapter.

Any lattice structure, framework, pole, monopole, spire or similar structure, or combination thereof, taller than 15 feet if ground mounted or taller than 11 feet if mounted on a building or other tall structure, intended primarily for the purpose of mounting one or more commercial communication antenna installations above grade for the purpose of receiving or transmitting signals for the purpose of communications. Such tower shall be deemed to include supporting lines, cables, wires, braces and masts. A commercial communications tower includes a tower duly approved under former § 194-76 of this chapter, although modifications to such a tower require approval under this law[2] as provided herein.

Any location consisting of a parcel(s) or lot(s) where three or more commercial vehicles and/or self-propelled equipment used for commercial or industrial purposes, shipping, delivery of freight and products, taxis or limousines are stored. All vehicles must be operable and registered with the State Department of Motor Vehicles.

An antenna structure or device used for the purpose of providing commercial communication services, including ancillary structures and equipment necessary for their operation and use (including, for example, electrical equipment, computer equipment structures housing such equipment, cabling and related improvements).

A term intended to include all of the various facilities which provide communication services, including tower, antenna and any accessory structures or equipment designed and constructed for use by a commercial provider of such services.

A dwelling providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision. See also "alternative care housing."

Residential care facilities that provide housing, and, in addition thereto, provide availability of/access to centralized kitchen/dining with full meal service, personal care and other supportive services such as housekeeping, laundering, private shuttle transportation and organized activities to older persons (55 years and over) and disabled adults who are unable to live independently. Services rendered by such facilities shall not include medical treatment, treatment for Alzheimer's, dementia or memory loss, or treatment for other non-age-related mental illness or drug or alcohol rehabilitation. Centralized kitchen facilities must be licensed/approved by the Dutchess County Department of Health.

Land or structures serving as the base of operations for building trades, contractors, trucking or heavy-equipment operators or similar professions. Examples include irrigation and well-drilling services, plumbing, heating, and electrical contractors, or landscape contractors. Such uses may include related offices; storage areas for equipment, materials and job-site trailers; and service areas for equipment. This use excludes on-site retail or wholesale sales, or the storage and/or servicing of merchandise, vehicles or equipment unrelated to the contracting business. The processing of raw materials is not permitted in a contractor’s yard.

Any space, whether inside or outside a building on a parcel of land, used for the temporary storage, handling, processing or screening of the following materials: compost; land clearing debris; blacktop/asphalt; natural material; natural wood materials; bricks, concrete and other masonry products; and topsoil.

Any establishment where three or more persons suffering from, afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, boarded or housed for remuneration, other than municipal or incorporated hospitals, or establishments for the care of the mentally ill. See also "alternative care housing."

An institution or commercial establishment providing daily care and/or instruction to more than six children under six years of age.

Includes day-care center and family day-care home.

See "family day-care home."

A structure permanent, detached, and accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof and which is not a separate commercial enterprise available to the general public. See § 194-107, Accessory structures. All detached garages must contain a floor comprised of an approved noncombustible material approved by the Town Engineer.

A building used exclusively as living quarters. The term shall not be deemed to include motel, hotel, rooming house or tourist home.

A building containing three or more dwelling units, of which at least one unit is located over another.

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

A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 194-164D, constructed for low/moderate-income households pursuant to Article XXIII.

A dwelling unit having common walls with two or more other dwelling units. In cluster subdivisions, attached unit structures shall not exceed four units.

A dwelling unit which has a common wall, floor or ceiling with only one other dwelling unit.

Lands wherein defined as one-hundred-year floodplains, steep slopes, or wetlands.

An estate cottage is a detached accessory dwelling unit, but rather than being contained within another accessory structure such as a barn, garage or carriage house, shall be a detached structure separate and apart from the single-family dwelling and/or other accessory structures on the lot. Estate cottages must meet the requirements of § 194-55.8, Estate cottage.

Any act by which earth, sand, gravel, rock, or any other similar material is mechanically cut into, dug, quarried, uncovered, removed, displaced or spread.

One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.

A private residence where a certified provider provides daily care services for up to six children under six years of age.

A parcel, or group of parcels, used for gain in producing agricultural or horticultural commodities, including livestock, dairy, or poultry farms on sites of at least 10 acres, and fruit, vegetable, field crop farms, orchards, and nurseries on sites of at least five acres. The term "farm" shall not be construed to include gardens accessory to a residential use, riding academies, livery or boarding stables, animal kennels, or the breeding, raising or maintaining of hogs or fur-bearing animals. Customary agricultural operations accessory to the operation of a farm shall include the conducting of usual farm activities and the accessory processing of agricultural products, not including mineral or earth products, of the farm on which such agricultural processing is conducted.

Any area of land, including buildings and other structures thereon, that is used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental and no storage or parking space is offered for rent. It shall not include the operation of a body shop or a car wash or heavy automotive repair work.

A drawing, prepared in the manner described in this Code, that shows a proposed subdivision, containing in such additional detail as required in this Code all information required to be shown on the preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat, if such preliminary plat has been so approved.

A lot which has its buildable area (the so-called "flag") located behind another lot, either existing or proposed, and which derives access by means of a narrow strip of land (sometimes referred to as "the flagpole") which has frontage on a street. A flag lot allows the potential for the creation of two lots, one generally behind the other, which derive access from the same street.

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 108-5B of the Code of the Town of East Fishkill.

The sum of the horizontal area of the floors of the stories of a building measured to the exterior of the outside wall, but excluding any space that does not meet the criteria of habitable space as defined in the New York State Building Code, utility space, up to 400 square feet of attached or detached residential garage space, terraces, breezeways, open spaces and open porch floors.

The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.

That dimension of a plot measured along the front street line.

The lot line which separates a lot's front yard from a street or highway right-of-way.

An accessory building or part of a main building used only for the parking and storage of motor vehicles owned and operated by residents thereof and which is not a separate commercial enterprise available to the general public as an accessory use.

A facility primarily engaged in the retail sale, direct to the motorist, of motor vehicle fuels. Permitted accessory uses may include an automobile service facility, a car wash, and sale of oil, vehicle fluids, food and other convenience items.

A site for business or administrative offices who may invite clients from both local and regional areas. Typical uses include business offices; management, travel, telemarketing, corporate, or other organization and association offices.

A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets or halls, storage or utility spaces and similar areas are not considered habitable space (as defined in the 2006 New York State Building Code).

A core hamlet zoning district that encompasses properties located generally on either side of Route 376 between the intersection of Route 376 and Route 82 and Route 376 and Fishkill Road and parcels along Route 82 from the Route 376 intersection to Orchard Place as well as parcels on the north side of Route 82 east of Orchard Place and on either side of Railroad Avenue. The purpose of the Hamlet Center District is to foster the development of a well-planned, compact, walkable hamlet center that features a mix of uses, including civic, commercial, service, institutional, residential, and recreational uses within close proximity to each other and to ensure that the design of buildings, sites, streets, and public spaces creates a place with a unique and positive local identity that provides opportunities for development to expand the town's economic diversity and vitality.

This term includes health care facilities, as well as establishments providing support to the medical and dental professions and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services.

Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, mortuary or any similar use shall not be deemed to be a home occupation.

A space designated in a person's residence for official business purposes. It provides a space for those that are self-employed or work remotely for an employer.

Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium and any other place for the diagnosis, treatment or other care of human ailments. The term shall not include a rest home, medical clinic, nursing home, convalescent home, alternative care housing or specialized care facilities designed to treat human ailments, including those for epileptic, drug addiction or alcohol addiction patients or those suffering from psychological disorders. See also "alternative care housing."

A building or any part thereof containing rooms which are provided or offered for sleeping purposes to transient guests for compensation and where only a general kitchen and dining room are provided within the building or in any accessory building.

Dogs and cats and other small animals which are customarily kept in a single-family residence.

Sports or gymnasium uses undertaken entirely within a building, including team or individual sports and related health and exercise facilities. Video parlors, computer gaming facilities, movie theaters and bars do not constitute indoor recreation facilities. However, an indoor recreation use may be accompanied by customary accessory uses, which may include food service facilities, meeting room or banquet facilities, serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport or exercise-related equipment or clothing and other customary accessory uses.

Air-supported structure for indoor recreational use and large scale assembly. An indoor sports dome may be accompanied by customary accessory uses, incidental to the primary use.

Includes, but is not limited to abandoned barrels or drums, dismantled or inoperable industrial or commercial equipment or machinery being salvaged for parts, and the following old, scrap, or used items: metal; rope; rags; batteries; paper; cardboard; plastic; rubber; pallets; appliances; motors; industrial or commercial fixtures; rubbish; debris; wrecked, dismantled or disabled motor vehicles or parts thereof.

Any establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills. This definition also includes scrap-metal processors, auto-wrecking yards, salvage yards, scrap yards, auto-recycling yards, used-auto-parts yards and temporary storage of automobile bodies or parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises.

An establishment for the treatment, care, boarding or breeding of dogs or cats or similar animals or birdlife (excluding poultry) for a fee.

The excavation or extraction of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil, or other earth material from a lot, and removal thereof from that lot; or the bringing to a lot, for filling or regrading at that lot, of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil, or other earth material from another lot; or any temporary storage of such materials, by stockpiling, if permitted; or any processing of excavated or stockpiled materials, if permitted; or any of the related land use activities engaged in during the above activities, such as construction of buildings, barriers, and other structures, clearing of property, removal or placement of trees, vegetation, and earth material. The following activities do not constitute land excavation and filling, provided that they meet the supplemental use regulations in § 194-75.

An area of open space that is appropriately planted with trees or other vegetation to screen views or enhance the aesthetics of a property.

Land maintenance involving tree trimming and pruning, the removal of dead and diseased vegetation, lawn and garden care and the planting of decorative trees, shrubs and plants.

A tract of land of 50 acres or more which is developed as a recreational unit with a grouping of related buildings and uses, together with their accessory buildings and all appurtenant roadways, parking areas, loading spaces, service buildings and facilities.

A parcel of land occupied or capable of being occupied by one building or use and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.

That percentage of the lot area covered by the combined area of all impervious surfaces on a lot, including buildings or structures, paved areas, decks, patios, and swimming pools, but not including architectural landscape features.

The distance between the front and rear lot lines measured at right angles thereto at the midpoint between the two side lot lines. For the purposes of measuring lot depth for a flag lot (see definition), the front lot line shall be considered that lot line (excluding the lot line along the street) which is closest and most parallel to the street right-of-way line. The front lot line shall be deemed to include an extension across the "flag pole."

See "flag lot."

The distance between the side lot lines measured at right angles to the lot depth (see definition), along a line which is parallel to the street between the front and rear lot lines. For the purposes of measuring lot width for a flag lot (see definition), the front lot line shall be considered that lot line (excluding the lot line along the street) which is closest and most parallel to the street right-of-way line. The front lot line shall be deemed to include an extension across the "flag pole."

A family or household whose aggregate annual income does not exceed 80% of the median Dutchess County family income for a family of the appropriate particular size as determined annually by the United States Department of Rousing and Urban Development (HUD).

All subdivisions not classified as minor subdivisions or any size subdivision requiring any new street or extension of municipal facilities.

An office of five or more physicians, dentists or similar professionals, which is staffed on a rotational basis with personnel from an area hospital, where persons are examined or treated on an outpatient basis only. Medical laboratory work is permitted as a principal use within a group or clinic and may be performed for persons not examined or treated at the site. A pharmacy may be permitted as an accessory use; however, only prescription and nonprescription drugs and similar health-related items may be sold from the premises. A medical or dental clinic may be owned by a group of doctors or by a nearby hospital.

The private office of not more than four physicians, dentists, or similar professionals, such as physical, occupational or speech therapist, chiropractor, where persons are examined or treated on an outpatient basis only. Minor laboratory tests shall be permitted as an accessory use only and may be performed only for patients receiving medical attention within the office.

The private office of not more than two physicians, dentists, or similar professionals, such as physical, occupational or speech therapist, chiropractor, where persons are examined or treated on an outpatient basis only.

Any subdivision intended for residential development containing not more than five lots, consisting of a total acreage not in excess of 10 acres, in any residential district, fronting on an existing street not involving any new street or road or extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or any adjoining property and not in conflict with any provision or portion of Chapter 194, Zoning, the Town Comprehensive Plan or the Official Map, if such exists, or these regulations. No parcel may be divided more than once as a minor subdivision in a five-year period, and each shall be subject to the provisions of § 272-a of the Town Law. No lot previously approved and filed within three years and one day of subsequent application may be considered under the minor subdivision provisions of these regulations.

A dwelling unit or residence on wheels, skids or rollers, without motive power, designed to be used for human habitation or for carrying persons or property, including a trailer coach or house trailer.

A land area occupied or designed for occupancy by two or more mobile homes for living purposes.

Any proposed change in the maximum power input or output, number of antennas, change in operating frequency of an existing antenna installation.

Any proposed increase in dimensions or any change in marking or lighting of an existing tower or other structure designed to support one or more antenna installations.

A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation, with no guy wires.

A building or group of buildings containing individual living and sleeping accommodations primarily consisting of one-bedroom-and-bath units, each of which is provided with a separate exterior entrance and a parking space, offered principally for rental and use by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an autel, auto court, motor hotel, motor court, motor inn, motor lodge, tourist court, tourist cabins or roadside hotel.

A facility principally used for the maintenance and repair of motor vehicles, large trucks and tractor trailers. A motor vehicle repair facility may include any of the activities associated with an automobile service facility, as well as body work, vehicle painting and repair of trucks with a wheel base (distance from axle to axle) in excess of 15 feet or vehicles with more than two axles. Permitted accessory uses in a motor vehicle repair facility may include sale of parts, tires, oil or similar items as determined by the Zoning Board of Appeals, car and/or truck washes and the sale of food, convenience items and gasoline.

Facilities used for private citizen's bands, amateur radio and other private residential communications. These towers are not eligible for collocation of commercial telecommunications antenna installations.

The use of a building or plot of land existing at the time of enactment of this chapter or amendments thereto which does not conform to the use regulations of the district or zone in which it is situated. A building or plot of land which is conforming in use but does not conform to the bulk regulations of this chapter shall not be considered a nonconforming use.

An institution or commercial establishment providing daytime care and/or instruction to more than six children under six years of age.

Any establishment where three or more persons suffering from, afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, boarded or housed for remuneration, other than municipal or incorporated hospitals, or establishments for the care of the mentally ill. See also "alternative care housing."

The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year).

An area of special flood hazard and as defined on the Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency.

That percentage of the land area open to the air, pervious and not covered by the combined area of all buildings, structures and paved areas on all of that portion of the lot within the same zoning district as the main buildings.

A tract of land 10 acres or more developed as a recreational unit for outdoor recreation or sport use primarily undertaken by individuals, and where related buildings and any indoor uses are clearly accessory and incidental to the primary outdoor recreational use. Team and spectator oriented athletic fields and courts, such as those for baseball, football and basketball, are not considered outdoor recreational developments. Outdoor recreation developments do not include archery, any shooting activity, including airguns, or motorized vehicles.

A district in which additional regulations and requirements apply. The regulations of the overlay district supplement the regulations which apply by virtue of the underlying zone. Land in an overlay district continues in its underlying zoning category, but is also subject to the additional provisions set forth in the overlay district.

An off-street area suitable for parking one automobile, which, in this chapter, is held to be a space at least 10 feet wide and 18 feet long and, in addition, contains sufficient other areas for ingress, egress and maneuvering. Requirements for off-street parking are contained in Article XIV of this chapter (§ 194-113 and following.)

Any business providing services related to the body or physical appearance of a person, such as beauty shops, barbershops, and any other similar establishments.

A temporary structure in the form of a container greater than 10 cubic yards and not more than eight feet wide, 16 feet long, and eight feet high which is designed for the storage of personal property, and which is typically rented to the owner and/or occupant of the premises for his or her temporary use and which is typically delivered by truck. Portable storage units are subject to the general use regulations in § 194-55.9.

An optional meeting between applicants and the Planning Board to review and discuss the initial subdivision concept and regulations informally.

The screening and grinding of certain types of natural vegetation, as permitted by the Zoning Board of Appeals, to produce mulch, followed by the screening of the material to separate the wood (mulch), dirt and stone into separate piles, which will be temporarily stockpiled for future use, for the periods of time and under the conditions imposed by the Zoning Board of Appeals pursuant to a duly issued special permit. Preparation of mulched materials shall not be deemed to authorize logging, processing and production of firewood, mining, stone processing, excavating or any other activity not specifically authorized by the Zoning Board pursuant to its special permit.

Any mechanical manipulation of excavated earth material, including blasted rock, including crushing, screening, blending, washing, and any procedure which changes the size of the particles or the particle size distribution or gradation from in-situ characteristics, including that of blasted but unexcavated rock. Processing also includes any mechanical combining or blending of earth materials from one or more sources in order to manufacture a product with certain specification requirements. Processing does not mean simply excavating and loading earth material directly into a transport vehicle.

An office of a properly certified or licensed psychologist, social worker, lawyer, engineer, planner, architect, accountant, teacher, or other similar professional person.

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Any establishment where horses are kept for riding, boarding, stabling, training or education for remuneration, hire or sale. It does not include dude ranches, which are permitted only as part of a large scale recreational use.

Indoor storage units are located inside a building and may only be accessed from within a building which is typically climate controlled and protects the units from weather and humidity. The units are for rent or lease and restricted solely for the temporary storage of goods and wares. The conduct of sales, business, or any activity other than storage within the individual storage units is not permitted.

Establishment that permits customers to store their own materials in private storage space with individual lockable units accessible from the outside driveway or indoor hallways. The units are for rent or lease and restricted solely for the temporary storage of goods and wares. The conduct of sales, business, or any activity other than storage within the individual storage units is not permitted.

The distance from the property line to the nearest part of the applicable building, aboveground structure or sign, measured perpendicularly from the property line to the structure. Setbacks can be cleared, landscaped, and used but shall not be otherwise encroached upon by any aboveground structures or accessory structures except driveways/walkways providing access to a structure or parking area on a lot, mailboxes, wells, septic systems, drainage, and utilities or as otherwise permitted in the Code (see Article XIII, Supplementary Bulk Regulations).

A simple, single-story structure normally considered for utility use in conjunction with an existing residence used for garden and lawn tools or other storage, hobbies, and/or as a workshop. Sheds shall not exceed 350 square feet or 15 feet in height and shall not be placed in front of the front line of the principal residence. Refer to § 194-107 for additional shed requirements.

Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any traffic sign or any flag, badge or insignia of any government or government agency or of any civic, charitable, religious, patriotic, fraternal or similar organization. A "sign" includes a billboard, neon tube, fluorescent tube or other artificial lights outlining or hung upon any part of a building for the purpose mentioned above.

The term "site plan" shall mean a rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this Zoning Chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Subdivision plats shall not be considered site plans. Architectural features of a site plan shall be reviewed by the Architectural Review Board, where the proposed development falls within the purview of the provisions of Article VIII, and by the Planning Board in all other cases. All other elements of a site plan, including parking, means of access, screening, location of freestanding signs, landscaping, location and size of buildings, adjacent land uses and physical features meant to protect adjacent land uses, and other elements specified in Article IX of this Zoning Chapter, shall be reviewed by the Planning Board, pursuant to Article IX.

An accessory building in which horses are kept for use and not for hire, remuneration or sale.

An area of land regulated by the chapter of this Code entitled "Steep Slope Protection."[6]

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Any man-made building or thing that is constructed or erected, whether of natural, man-made or processed materials the use of which requires location on or below the ground or attachment to something having location on the ground. Structures are not permitted in buffer areas.

Any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes but is not limited to, in-ground, aboveground and on-ground pools, indoor pools, hot tubs, self-set pools, spas, and wading pools.

A building or other structure, made of white or untinted translucent material that does not contain a concrete or impervious floor, which is used wholly or primarily for agricultural purposes and to support a farm use, as defined herein that is within a listed Agricultural District. The following shall be included within this definition if principally used in the course of an agricultural business; structures used to shelter or store crops, produce, seed, horticultural or nursery stock, fertilizer, pesticides, feed, or agricultural vehicles, equipment and machinery; buildings or structures used for the packaging or shipping of produce, horticultural or nursery stock; greenhouses, hoop houses, high tunnels, cold frames.

The holding of compost; land clearing debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry products and top soil for a temporary period in such a manner that it remains retrievable and substantially unchanged and, at the end of a specified time period of no longer than six months, is disposed of or reused or recycled in a beneficial manner.

A structure without any foundation or footings that requires a permit from the Building Department and cannot remain for greater than a six-month time period. Temporary structures include portable storage units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis on residential property. Portable storage units are subject to the general use regulations in § 194-55.9. Accessory structures, such as sheds and liquid or gas containers, complying with all building codes and land use requirements, are not considered temporary structures or portable on-demand storage units.

A building in which three or more rooms are used to provide overnight accommodations to transient guests for compensation.

Same as "mobile home."

Same as "mobile home park."

The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

A use incidental to the principal use and located on the same lot. In buildings restricted to residence use, the office of a professional, customary family occupations and workshops not conducted for compensation shall be deemed "accessory uses."

Unoccupied space that is used only for basic services necessary for building functions such as mechanicals and utilities and which cannot be used for other purposes.

Lakes, ponds, and any other similar natural or artificial collection of water, whether permanent or temporary.

An area of land, including any water bodies and watercourses, as defined by the chapter entitled “Freshwater Wetlands, Water Bodies and Watercourses”[7] as well as those regulated by NYS and federal law or regulations.

The open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

The yard lying between the front lot line and the primary access point to the main entrance of the principal building. Each lot shall only have one front yard.

A yard extending across the full width of that portion of the lot situated between the rear line of the lot and the rear line of the building.

A yard situated between the side line of the lot and the side line of the building and extending from the front yard rear line to the rear yard front line or, if either of such yards is not required, to the front and rear lot lines, as the case may be.