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

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 at least 25 feet in width, abutting an improved road or a county or state highway, providing access to a rear lot.

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 processing of agricultural and forestry products by machine, including slaughterhouses, canneries, rendering plants, sawmills, furniture factories, and similar operations.

The utilization of land and structures for the production, preservation, nonindustrial processing, storage, and sale of agricultural commodities such as crops, plants, flowers, vines, trees, sod, shrubs, livestock, honey, Christmas trees, compost, poultry, or dairy products, not including agricultural industry or farms primarily for the disposal of offal or garbage.

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.

A geologic formation or groups of geologic formations, or portions thereof, that contain saturated permeable material such as sand and gravel, limestone, or limestone overlaid with sand and gravel sufficient to yield significant and usable quantities of water to drinking wells and springs.

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 six bedrooms are provided or offered for transient guests for compensation, providing no meals except breakfast for guests.

A building other than a hotel containing a shared kitchen and/or dining room, in which at least three but not more than six sleeping rooms are offered for rent, with or without meals.

That portion of a lot which is suitable for building structures and locating septic disposal facilities, excluding wetlands and watercourses, slopes exceeding 20%, 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.

All land covered by structures, interior roads, parking areas, sidewalks, and loading areas.

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 combination of photovoltaic building components integrated into any building envelope system, such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.

The line established by statute, local law, or ordinance, beyond which a structure shall not extend, as specifically provided by this chapter.

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

An office used for a for-profit or nonprofit business or organization.

See "retail business."

See ""service business."

Any parcel of land on which are located two or more tents, shelters, or other accommodations of a design or character suitable for seasonal or other temporary living purposes, including resort and day camp but not including mobile home park, boardinghouse, hotel or motel, or cottage camp.

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.

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.

The cutting of more than 50% of trees of six inches or more in diameter at breast height over a 2,000 square feet area of land.

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

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:

Solar installations owned collectively through subdivision homeowners' associations, college student groups, "adopt-a-solar-panel" programs, the municipality, or other similar arrangements.

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 Part 617.9.

The Comprehensive Plan adopted by the Town Board for the future preservation and development of the Town of Hillsdale pursuant to § 272-a of the Town Law, which identifies the general locations recommended for different types of development, for open space preservation, and for public improvements, including any part of such plan separately adopted and any amendment to such plan, or parts thereof.

A system of ownership of dwelling units, either attached or detached, established pursuant to the Condominium Law of the State of New York, in which the apartments or dwelling units are individually owned.

Complying with the use, density, dimensional, and other standards of this chapter, or permitted to deviate therefrom by special permit 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 used for nonresidential purposes associated with on-site construction.

See "lot, corner."

A group of two or more dwelling structures on a single property designed for seasonal occupancy, not more than one of which is used as a year-round residence, including bungalow colonies and cabin colonies, but excluding mobile home parks, boardinghouses, hotels, or motels.

That percentage of the lot covered by the building area as defined herein.

A place where artists, artisans, craftsmen, and other skilled trades people 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.

A structure or structures used for academic or technical instruction to students, such as public or private schools that include any combination of grades from nursery school or kindergarten through 12th grade, as well as trade, business, or technical schools, colleges, universities, or not-for-profit institutes, in which there are no residential facilities.

One dwelling unit or 500 square feet of transferable nonresidential building floor space (see § 245-25).

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, excavating, grading, clear-cutting, 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 building or portion thereof providing complete housekeeping facilities for one family.

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.

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. A roomer, boarder, lodger, or occupant of supervised group quarters shall not be considered a member of a family.

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

The sum of the areas of habitable or commercially usable space on all floors of a structure.

A photovoltaic panel or tile that is installed flush to the surface of a roof and which cannot be angled or raised.

Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and footings.

A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of this chapter.

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.

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

An occupation or business activity resulting in a product or service for financial gain, conducted wholly or partly in a dwelling unit or accessory structure as an accessory use.

A building containing beds for 10 or more patients, used for the diagnosis, treatment, and care of disease and other ailments by medical professionals.

See "lodging facility."

Any worn-out, cast-off, discarded, or neglected article or material which is ready for destruction or has been collected or stored for salvage 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 state, county, and local road or 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 200 square feet or more of area on any lot outside a 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.

Any hotel, motel, inn, bed-and-breakfast, dwelling, dwelling unit or other establishment providing sleeping accommodations to transient guests for compensation.

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 Columbia County Clerk.

The horizontal distance between the side lot lines measured along the rear line of the required front yard.

A lot at the junction and abutting on two or more intersecting roads, when the interior angle on the intersection does not exceed 135°. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.

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 zoning district.

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

A delineated area or plot of land which may be occupied or designed to be occupied by a principal building and its accessory structure or structures, including the yards required by this chapter, shown as a distinct parcel on the Tax Assessor's maps of the Town. Where a parcel is divided by a road, such division shall be deemed to create separate lots, even if such lots do not have individual tax parcel numbers or have been transferred in the same deed.

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

A subdivision of land resulting in the construction of a new public or private road and/or in the creation of five or more residential lots, or any other subdivision classified as major by the Planning Board because of its probable major impact on the surrounding area.

See "club, membership."

A proposed use that requires a special permit and that falls below all of the following thresholds:

A subdivision of land resulting in the construction of four or fewer residential lots, with no new roads, and classified by the Planning Board as a minor subdivision because of its probable minor impact on the surrounding area.

A movable residential structure without means of propulsion, which is installed on a site on a solid, fixed foundation.

A motor vehicle designed as a temporary dwelling for travel and recreational use.

See "dwelling, multifamily."

A use engaged in by the Town, county, or state governments, or by any governmental or quasi-governmental entity such as a fire district, school district, or water district.

Refers to the Town of Hillsdale, Columbia County, New York.

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage.

The use of land on a nonprofit basis for hiking, observation of nature, athletics, swimming, or other recreational purposes that do not create noise, odor, or dust impacts greater than would occur from customary single-family residential use.

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 contains a permitted use, but does not meet the setback, side yard, rear yard, height, coverage, or floor area requirements of this chapter for the district in which it is located, which was lawful 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 with 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 nonconforming use until such time as a special permit is granted for it.

Plants commonly found in the wild, with no commercial, agricultural, or significant ecological value, and which cause damage or discomfort to humans or to more ecologically or economically valuable plant or animal species; examples of nuisance vegetation are poison ivy, multiflora rose, and purple loosestrife.

A school designed to provide daytime care or instruction for two or more children between two years and five years of age, operated on a regular basis.

Any establishment where three or more persons are housed and furnished with meals and nursing care for compensation.

See "business office."

See "professional office."

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

An area of land not developed with structures and used for recreation, agriculture, lawn, or forestry, or left in its natural state. ("Permanent open space" is defined and discussed in § 245-23.)

See "storage, outdoor."

See "lot/parcel."

The net area needed for parking one automobile, usually equal to 180 square feet with dimensions of nine feet by 20 feet.

Auditorium, grange hall, or other nonmunicipal structure in which people congregate for meetings, social events, recreation, or entertainment.

The Town of Hillsdale Planning Board.

A subdivision map or plan approved by the Planning Board pursuant to Chapter 202, Subdivision of Land, of the Code of the Town of Hillsdale.

That portion of a driveway contiguous to a road where vehicles stop before entering the road from the driveway.

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.

A temporary sign which announces, directs, or advertises any political, educational, charitable, philanthropic, civic, professional, religious, or similar organization, campaign, show, fund drive, movement, or event.

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

See "building, principal."

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

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

Office for professionals, including but not limited to accountants, architects, attorneys, consultants, engineers, interior designers, real estate brokers, stockbrokers, and surveyors. "Professional office" also includes office for outpatient health care services, including but not limited to chiropractors, dentists, psychologists, physical therapists, physicians, veterinarians (excluding kennel facilities), and other health care professionals.

Any lot, piece, or parcel of land.

Premises on which horses are boarded for compensation or kept for riding instruction, hire, sale, or related purposes.

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town Code Enforcement Officer determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.

See "lot, rear."

A business which, for compensation, offers recreational services or entertainment, including but not limited to hunting clubs, ski resorts, public stables, travel trailer, tenting, and cottage camps, golf courses and driving ranges, miniature golf, movie theaters, and other places of public or private entertainment.

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

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, restaurant, shoe store, stationery store, and variety store.

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.

A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.

The location of structures in such a manner that they are not visible 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; auto repair; business and educational services; catering; health club; housecleaning 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.

The distance in feet from a property line or a street center line to a structure on a lot.

Any material, structure, or device composed of lettered or pictorial matter which is placed for public display of an advertisement, announcement, notice, directional matter, or name, including sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs, or ground signs.

The area of a sign, excluding support structures, including all portions of the sign visible to the public. The size of a sign visible on both sides shall be the area of one side.

A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises on which the sign is located.

A sign designed to reflect artificial light intentionally shone upon it.

See "dwelling, single-family."

Use of a parcel of land or contiguous parcels of land, or portions thereof, for the purpose of extracting and selling stone, sand, and/or gravel, not including the process of preparing land for construction of a structure for which a building permit has been issued.

Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar energy systems include solar thermal, photovoltaic and concentrated solar. For the purposes of this chapter, a solar energy system does not include any solar energy system of four square feet in size or less.

Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.

A device for the direct conversion of solar energy into electricity.

A device that stores energy from the sun and makes it available in an electrical form.

Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.

A square area of buildable land fitting within a lot.

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

The portion of a building included between the surface of any floor and the floor above it; if there is not a floor above it, then the space between the floor and the ceiling next above it.

See "road."

The dividing line between the road or highway and the lot, formed by the edge of pavement or traveled way, regardless of the location of the right-of-way line.

A static construction of building materials affixed to the ground, such as a building, dam, display stand, fence, gasoline pump, installed mobile home or trailer, reviewing stand, shed, sign, stadium, storage bin, or wall, including all solar energy systems and equipment as defined herein.

See "accessory structure."

The division of any parcel of land into two or more lots, parcels, or plots, with or without streets, for the purpose of development or conveyance by deed or lease. A division of real property into single-family or two-family dwelling units in condominium or cooperative ownership shall be deemed a subdivision of land.

Any body of water (excluding natural bodies of water fed by watercourses, including rivers, streams, brooks, or springs) or receptacle for swimming or bathing, and constructed, installed, or maintained in or on the ground outside any structure.

See "zoning law."

See "lot, through."

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

Any person visiting or residing in the Town of Hillsdale for a period of less than 30 days.

The rental or lease of any dwelling, dwelling unit or other establishment to a transient guest for a period of less than 30 days. This definition specifically excludes hotels, motels, inns and bed-and-breakfasts.

A structure or land area used primarily as an arrival or departure point or as a storage or repair facility for buses, airplanes, limousines, taxis, and other modes of passenger and freight transportation other than private automobiles.

A vehicular portable structure designed as a temporary dwelling for travel or recreational use.

A tract of land which is used or intended to be used for the parking of two or more travel trailers or motor homes.

That portion of a road which, because of its grading, base, drainage, and surface, is passable in all seasons by motor vehicles, including fire trucks and ambulances. As used in this chapter, "traveled way" shall refer to the average width of the road.

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 premise.

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.

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

Able to be seen by a person with normal vision on a clear day when there is no foliage on deciduous trees.

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

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

A thoroughfare permanently established for passage of persons or vehicles.

An area of land that is characterized by hydrophytic vegetation, saturated soils, or periodic inundation. See § 245-43.

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 building line and the street line.

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

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

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

The officially adopted Zoning and Land Use Control Law of the Town of Hillsdale, 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.