Hyde Park City Zoning Code
§ 108-2.2
Terms defined.
[Amended 8-27-2007 by L.L. No. 10-2007; 10-29-2007 by L.L. No. 12-2007; 8-24-2009 by L.L. No. 2-2009; 3-28-2011 by L.L. No. 2-2011; 12-22-2014 by L.L. No. 5-2014; 3-9-2015 by L.L. No. 2-2015; 11-28-2016 by L.L. No. 10-2016; 9-18-2017 by L.L. No. 2-2017; 11-4-2019 by L.L. No. 9-2019; 10-5-2020 by L.L. No. 1-2020; 10-5-2020 by L.L. No. 1-2020; 10-5-2020 by L.L. No. 2-2020; 1-25-2021 by L.L. No. 1-2021; 11-15-2021 by L.L. No. 10-2021; 9-17-2024 by L.L. No. 5-2024; 11-10-2025 by L.L. No. 4-2025]
As used in this chapter, the following terms shall have the meanings indicated:
A structure which is:
Contemporary use of an existing building or structure for a use other than that for which it was originally designed, intended or occupied, e.g., use of a former barn as a residential dwelling.
An establishment consisting of, including or having the characteristics of any or all of the following:
ADULT BOOKSTORE OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, pamphlets, magazines, and other periodicals, sculptures, photographs, pictures, slides, videotapes, sound recordings or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or genital areas, and which excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARETA public or private nightclub, bar, cabaret, restaurant or similar establishment, either with or without a liquor license, devoted to presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or genital areas, or that features topless dancers, go-go dancers, strippers, or similar entertainers for observation by patrons, and excludes any minor by reason of age.
ADULT MODEL STUDIOAny establishment where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons other than the proprietor paying such consideration or gratuity, and which excludes any minor by reason of age. This provision shall not apply to any school of art which meets the requirements established in the New York State Education Law for the issuance or conferring of, and is in fact authorized to issue and confer, a diploma.
ADULT MOTELA motel which excludes any minor by reason of age and which makes available to its patrons in their rooms films, slide shows or videotapes depicting or relating to sexual activities or genital areas and which if presented in a public movie theater would exclude any minor by reason of age.
ADULT THEATERAn establishment used for presenting motion pictures, films, videos, or live entertainment distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or genital areas, and which excludes any minor by reason of age.
BODY PAINTING BUSINESSAn establishment or business which provides the service of applying paint or other substance, whether transparent or not transparent, to or on the human body and which excludes any minor by reason of age.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths, and which excludes any minor by reason of age. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or duly licensed massage therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs which have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
PEEP SHOWA theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.
The commercial use of land for the raising, production, preservation, processing, storage, and sale of farm commodities such as crops, plants, flowers, vines, trees, sod, shrubs, livestock, poultry, fish, shellfish, honey, or dairy products, but not including industry or use of land primarily for the disposal of sewage or garbage.
A line of trees that frame the roadway.
A narrow street or passage between properties or buildings serving as a secondary means of access to abutting property.
A modification of, or addition to, the parts of a structure other than normal maintenance or repairs, or moving a building from one location to another.
The keeping, grazing, breeding, feeding and care of animals other than household pets.
A separate dwelling unit contained within a building having one or more other dwelling units.
An apartment in a one-family dwelling or in an accessory structure on the same parcel as a one-family dwelling.
A street which serves or is designed to be used primarily for the connecting of different parts of the Town and usually carries a high volume of traffic and which is so designated on the Town's Official Map, if such map exists.
A use involving a production process characterized by minimal automation, little division of labor, and conducted by a person or small number of highly skilled craftsman skilled in an applied art mostly using their hands and nonautomated tools to make furniture, sculpture, clothing, jewelry, or other functional or decorative items.
An outdoor area designated solely for use by the public to congregate for special events, ceremonies, social gatherings, and Town meetings, and, when not in such use, for passive recreational enjoyment by the public.
An all-terrain vehicle.
Any vehicle rendered inoperative by age, accident or major parts removal and which is not registered and inspected.
A type of general commercial use wherein motor vehicles, including but not limited to their mechanical systems, electrical systems, and body structure, are repaired or enhanced. This use also includes automotive painting conducted in conjunction with the repair work.
A type of general commercial use involving the rental, lease, sale and/or resale of motor vehicles, new or used.
A structure attached to a building and projecting from it, having no supporting posts or columns, and designed to permit being rotated to a storage position against the building when not in use.
That space of a building which is partly below grade and has more than 1/2 of its average height, measured from floor to ceiling, above the finished grade of the ground adjoining the building. (See "cellar.")
An owner-occupied residence resulting from conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers for which compensation is paid. A bed-and-breakfast shall offer from one bedroom to four bedrooms without kitchens. A bed-and-breakfast is not deemed a home occupation and shall require site plan review and approval by the Planning Board, which shall determine, among other requirements, adequate parking.
A structure having a roof supported by columns or walls, affording shelter to persons, animals or property.
The New York State Uniform Fire Prevention and Building Code, 9 NYCRR Part 600 et seq., as amended from time to time, and the International Building Code and International Residential Code, to the extent they are adopted and enforced by the State of New York.
The vertical distance measured from the average elevation of the proposed finished grade around the perimeter, measured every 10 feet, to the midpoint of the highest point of the peak of the highest roof to its associated eave. When a building not containing an accessory apartment is an accessory structure, the height is measured to the highest point of the structure.
The horizontal distance between the outermost walls of a building measured from the outside edge, parallel to the street on which it fronts (if the building is parallel to the street) or along the axis of its greatest width (if it is not parallel to the street).
Any of the following zoning districts in the Town of Hyde Park: East Park Business District, Corridor Business District and Neighborhood Business District.
A facility providing access, water, sanitary and electrical services, where persons are lodged for a seasonal or temporary period of time (less than six months) for recreational or instructional purposes.
A camp offering care or instruction for children or adults during the day only and with no provision for sleeping or overnight accommodations.
A camp primarily equipped with utility connections for two or more camping trailers or recreational vehicles.
A structure, other than an awning, having an integral structural frame, attached to a building along one or more sides, with or without the use of supporting posts or columns, and with or without side panels.
A type of general commercial use consisting of any facilities for the washing, and/or waxing or vacuuming of passenger vehicles, recreational vehicles, light duty trucks and vans, but not heavy duty trucks or trailers.
That space of a building which is partly or entirely below grade, which has more than 1/2 its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building. (See "basement.")
Land used or intended to be used for the burial of the dead and dedicated for such purposes. Included in this definition are columbaria, crematories, mausoleums and mortuaries when they are operated in conjunction with and within the boundaries of such cemetery.
A certificate issued by the Building Inspector and the Zoning Administrator for a building or structure, which states that the building or structure conforms to the requirements of the Building Code and this chapter.
An institution which is incorporated as a Type B public benefit not-for-profit corporation as defined in Article 2, § 201, of the Not-for-Profit Corporation Law of the State of New York, and which qualifies for exemption under Internal Revenue Code § 501(c)(3), excluding those institutions which are penal or correctional institutions, extended care facilities, day-care facilities, or institutions owned or operated by governmental agencies.
Buildings, structures, and uses owned and operated by the Town or Fire District and regularly used for community meetings, recreation and other forms of public assembly.
A subdivision plat or plats, approved by the Planning Board pursuant to § 96-9 of Chapter 96 of this Code, in which the applicable density, minimum lot size and setback requirements of this chapter are 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 Planning Board may, at its discretion, require residential clustering in all zoning districts defined herein.
A nonresidential use involving an occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee not otherwise specified in the use regulation. This use shall not be interpreted to include any temporary or transient overnight accommodations or permanent residences or dwellings. Also referred to herein as "general commercial use" or "commercial, general."
Every type of motor vehicle used or registered for commercial purposes, such as for transportation of goods, wares and merchandise; motor coaches carrying passengers; and trailers and semi-trailers, including tractors when used in combination with trailers and semi-trailers. Commercial motor vehicles shall not include pick-up trucks which are exclusively used to transport family members and/or personal possessions of such family members for nonbusiness, recreational purposes by the operator or a rental truck which is exclusively used to transfer personal possessions of the person who has rented the truck for nonbusiness purposes.
Those areas intended for use or enjoyment by all residents of a development, including streets, alleys, parking areas, walkways, landscaped areas, open space and recreation areas.
A place, structure, area or other facility used for and/or providing social and or recreational programs generally open to the public, and designed to accommodate and serve significant segments of the community.
For purposes of this Zoning Chapter, a community residential facility shall be the equivalent of an intermediate "community residence" as defined in § 1.03 of the New York State Mental Hygiene Law which serves no more than 14 individuals, or a family-type home for adults as defined by NYCRR, Title 18, Chapter II, Subchapter D, Part 489. A community residential facility shall not be construed to include multiple dwellings under this definition.
A not-for-profit activity that is carried on for the benefit of the community, such as educational, scientific, religious, municipal and charitable institutions and activities.
An application that includes the following:
All information concerning the proposed project in the format required by the applicable provisions of this chapter;
All application fees required by this chapter and the professional review fee escrow deposit, if any, required by the reviewing agency;
An EAF or DEIS assessing the potential environmental impacts of the proposed project;
A determination by the reviewing agency (or by the lead agency in the event of coordinated review) that the proposed project is not likely to have a significant impact on the environment (negative declaration) or the filing of a notice of completion of a DEIS in accordance with the provisions of SEQRA.
An application is considered "administratively complete" for processing by the Zoning Administrator when it includes items in Subsection A(1) through (3) above, but not (4).
The most recent Comprehensive Plan adopted by the Town Board pursuant to § 272-a of the Town Law.
A perpetual restriction on the use of land, created in accordance with the provisions of § 49, Title 3, of the Environmental Conservation Law or of § 247 of the General Municipal Law, for the purposes of conservation of open space, agricultural land, and natural, cultural, historic or scenic resources.
A container over 100 gallons in capacity (commonly referred to as a "dumpster") for the collection and temporary storage for removal of construction and/or demolition debris.
A type of general commercial use including building and/or area of land where building materials, equipment and supplies used exclusively as part of a contractor or construction business are stored. Retail or wholesale trade of any contractor materials or supplies is not permitted accessory to a construction yard.
A zoning district that encompasses properties on either side of New York State Route 9 south of the Town Core Zoning District, the boundaries of which are shown on the Town Zoning Map.
A landscaped area adjacent to a building enclosed by a low wall or a hedge.
The percentage of the area of any lot physically covered or occupied by the combined area of all structures and impervious surfaces.
An establishment which produces on the premises beer, wine, cider, vinous beverages, spirits or edible goods for off- and/or on-site consumption in accordance with New York State Liquor Authority, Department of Health and other applicable agency regulations. Such an establishment shall include a public component, such as a tasting room, restaurant and/or a retail establishment. A craft brewery, distillery, winery and/or food manufacturing facility shall be classified as a “general commercial use” for zoning purposes, notwithstanding the definition of “light industrial use” as contained in the Town Code.
A type of core zoning district that encompasses properties primarily with frontage on Albany Post Road (NYS Route 9), at and near its intersection with Market Street, and encompassing what is identified traditionally as the historic crossroads hamlet of Hyde Park, the boundaries of which are shown on the Town Zoning Map.
A public library, museum or similar institution that serves the public.
One round trip of a motor vehicle to and from a use or structure.
A facility operated on a regular basis for a fee, for care of children as defined in Social Services Law § 390, or for the care of adults whose ability to independently perform the normal activities of daily life is limited by age or physical or other impairment but who do not require the level of care provided by nursing homes or medical facilities. A day-care center shall not include any facilities that provide overnight accommodations.
The New York State Department of Environmental Conservation.
A draft environmental impact statement prepared in accordance with the requirements of SEQRA.
The relative compactness or closeness of a use of land expressed in dwelling units per acre (DU/A).
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, excavation or drilling operations.
A facility accessory to a general commercial use with physical facilities, service or by packaging procedures, that allows customers to receive services and/or obtain goods while remaining in their motor vehicles.
A private vehicular way which provides access to a street for a structure or off-street parking facility, but which does not provide a route for through traffic.
A building used exclusively for residential purposes, containing one or more dwelling units.
See "multiple dwelling."
See "one-family dwelling."
See "two-family dwelling."
One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
An environmental assessment form prepared pursuant to the requirements of SEQRA.
Authorization by a property owner for the use by another of any designated part of his property for a specified purpose.
A zoning district oriented towards Route 9G, the boundaries of which are shown on the Town Zoning Map.[3]
Any school or other organization or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated by not-for-profit corporations under the Education Law of the State of New York.
An environmental impact statement prepared in accordance with the requirements of SEQRA.
A person licensed and currently registered as a professional engineer by the State of New York or licensed in a state with a reciprocal agreement with the State of New York.
A preexisting agricultural barn or other similar agricultural building or other accessory structure adaptively reused as a rural event venue pursuant to § 108-28 of the Town Code. For purposes of these regulations, "preexisting" shall mean any agricultural building or accessory structure legally in existence on January 1, 2010.
A facility for three or more infirm children, adolescents or adults who require personal care, supervision and services, where compensation and/or reimbursement of costs is paid to an operator pursuant to state and/or federal standards, licensing requirements, or programs funding such services. An extended care facility shall also include a nursing home, assisted living facility, memory care facility, and hospice or palliative care facility, or a facility offering a combination of these services. An extended care facility shall not be interpreted to allow multiple dwellings under this definition. Accessory day-care for infirm populations may be provided as part of such facility.
The exterior wall or walls of a building which identify the architectural front, sometimes distinguished from the sides and rear by elaboration of architectural or ornamental details.
Any number of persons occupying a single dwelling unit, related by blood, marriage, legal adoption, or foster care family arrangement, living and cooking together as a single housekeeping unit.
Any number of persons occupying a single dwelling unit, not exceeding five adults living and cooking together as a single housekeeping unit as the functional equivalent of a family where not all are related by blood, marriage, legal adoption, or foster care family arrangement.
It shall be presumptive evidence that more than five persons living in a single dwelling unit, any of whom are not related by blood, marriage, legal adoption, or by foster care arrangement, do not constitute the functional equivalent of a traditional family. Notwithstanding the provisions of this definition, a group of adults of which any are unrelated numbering more than five shall be considered a "family" upon a determination by the Zoning Board of Appeals that the group is the functional equivalent of a family pursuant to the standards enumerated below. This presumption may be rebutted, and the unrelated individuals may be considered the functional equivalent of a "family" for the purposes of this article by the Zoning Board of Appeals if such group of individuals exhibits characteristics of a permanent family structure pursuant to the criteria provided herein. In determining whether a group of more than five unrelated persons constitutes a "family" for the purpose of occupying a dwelling unit, as provided herein, the Zoning Board of Appeals shall utilize the criteria enumerated herein in making said determination. Before making a determination under this subsection, the Zoning Board of Appeals shall hold a public hearing, after public notice. In determining whether individuals living together are the functional equivalent of a family, the following criteria shall be considered (It is not the intent of this law that the individuals living together are required to meet all of the listed criteria.):
Whether the occupants share the entire dwelling unit or act as separate boarders.
Whether the household has stability akin to a permanent family structure. The criteria used to determine this test include the following:
Length of stay together among the occupants in the current dwelling unit or other dwelling units.
The presence of minor, dependent children regularly residing in the household.
The presence of an individual acting as head of household.
Proof of sharing expenses for food, rent or ownership costs, transportation, insurance, utilities, and other household expenses.
Common ownership of furniture and appliances and the common use of vehicles among the members of the household.
Whether the household is a temporary living arrangement or a framework for transient living.
Whether the composition of the household changes from year-to-year or within the year.
Whether each of the occupants uses the address of the dwelling for their vehicle registration, drivers' licenses, passports, bank accounts, bills, loans, tax returns, and other licenses and permits, etc.
Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.
Any determination under this subsection shall be limited to the status of a particular group as a "family" and shall not be interpreted as authorizing any other use, occupancy, or activity. In making any such determination, the Zoning Board of Appeals may impose such conditions and safeguards as the Board shall deem necessary or advisable in order to maintain the stability and character of the neighborhood and protect the public health, safety, and welfare.
In no case shall a dwelling be occupied by more than two adults to a conventional bedroom.
Persons occupying group quarters such as a dormitory, fraternity or sorority house, or a seminary shall not be considered a "family."
A lot, together with its structures, on which agriculture is conducted as the principal use.
The arrangement, proportioning and design of windows and doors in a building.
Any map or plat filed in the Dutchess County Clerk's Office.
The natural surface of the ground or the surface of the ground after completion of any change in contour.
A lot with a developable area connected to a public road by a narrow strip of land that includes a driveway or a landlocked lot that is connected to a public road only by a narrow right-of-way easement.
The line painted on a highway, usually bright white, which separates the travel lane from the shoulder.
That part or side of a structure which most closely parallels the frontage of the lot on which it is located or to which it relates. On a corner lot fronting two streets, the front is considered to be on the street of the legal address.
That portion of any lot which bounds a street, as measured along the property line which is coincidental with such street right-of-way or center line, or on a corner lot, in which case frontage is along both streets.
A type of general commercial use including any area of land, structures thereon, or any building or part thereof that is used for the retail sale of motor fuel. A gas station may or may not include a convenience store as an accessory use.
A location along a street where one enters or leaves a Neighborhood, Hamlet, Business area or the Town of Hyde Park, as identified in the Comprehensive Plan.
A zoning district including all the land in the Town east of the center line of U.S. Route 9, outside the Hamlets, Neighborhoods and Business Districts. (See § 108-3.1.1.)
The vertical extent or distance from the average elevation of the proposed finished grade around the perimeter, measured every 10 feet, of any structure other than a building being measured to the highest point of such structure. (See "building height.")
For a building, the relationship between the height and the width of the building. For example, a building 20 feet high and 40 feet wide would have a height-to-width ratio of 1:2. For a street, the relationship between the height of a building facing the street and the width of the corridor. For example, a twenty-foot building facing an eighty-foot corridor (from building face to building face) would have a height-to-width ratio of 1:4.
Any historic or prehistoric building, structure, facility, site or district listed on the State and/or National Registers of Historic Places, as well as any locally significant historic resource designated pursuant to Article 5-K of the General Municipal Law.
A nonresidential use that is secondary and clearly subordinate to an existing residential use, conducted within a dwelling unit or an accessory structure, by a permanent resident of that dwelling unit. Such use shall not change the residential character of the dwelling unit or the vicinity.
An organization of resident homeowners in a particular development. The major purpose of the HOA is to preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents.
Inpatient services of a psychiatric center under the jurisdiction of the New York Office of Mental Health or other psychiatric inpatient facility psychiatric center, institute, clinic, ward, institution or similar facility as defined in § 1.03 of the New York State Mental Hygiene Law.
As per Article 28 of the New York State Public Health Law, a health care facility engaged in providing medical or medical and surgical services primarily to inpatients by or under the supervision of a physician on a twenty-four-hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. The term "general hospital" shall not include a residential health care facility, psychiatric hospital, public health center, diagnostic center, treatment center, outpatient lodge, dispensary and/or laboratory or central service facility serving more than one institution.
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part, as set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 1989, prepared by the federal government and as updated from time to time, a copy of which is on file with the Town Clerk for reference.
Those plants that are dependent upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other species. These plants may belong to any of the following vegetative types: wetland trees, wetland shrubs, submerged vegetation, rooted floating-leaved vegetation, free-floating vegetation, wet meadow vegetation and bog mat vegetation.
Any ground area through which water does not readily penetrate because a covering has been imposed upon it. Such coverings include but are not limited to roofed structures, compacted soil, and pavement consisting of concrete, macadam, oil and stone, tar, or asphalt.
The amount of traffic generated by a use or structure, expressed as the number of daily vehicle trips associated with the use or structure.
A facility for keeping five or more dogs over the age of five months, including a facility for animal rescue, such as, but not limited to, the Dutchess County Society for the Prevention of Cruelty to Animals. The term "kennel" includes a veterinary office only if it has outdoor facilities for boarding or exercising five or more dogs over the age of five months.
The earth or ground within the Town of Hyde Park, including surface water bodies overlying such earth or ground.
A zoning district constituting a mixed-use center bordered by the Waterfront District providing for the water-dependent or water-enhanced needs of the region, the boundaries of which are located on the Town Zoning Map.[5]
Open space features which include but are not necessarily limited to the following existing and cultivated elements arranged to produce an ornamental or otherwise desired effect: turf, meadow, rocks, watercourses or water bodies, trees, shrubs, flowers, walls, berms, swales, lanes, paths and other similar natural and man-made elements and forms.
An individual licensed by the Education Department of the State of New York to perform engineering, architectural, surveying, or landscaping services.
The limited use of land or structures to manufacture or process products. This includes making, altering, assembling, bottling, canning, finishing, handling, mixing, packaging, repairing, cleaning, laundering and similar operations. All such activities must be carried out within a completely enclosed building without the emission of dust, fumes, smoke, noise or vibration. Also, they must be defined as low hazard or no hazard by the State Building Code. Finally, they must be compatible with other uses in the district.
Any hotel, motel, inn or other establishment providing sleeping accommodations for transient paying guests. Such an establishment may, but need not, have a dining room or restaurant. Bed-and-breakfast establishments are excluded from this definition.
The selective cutting and sale of standing timber from parcels of 10 acres or more. Clear cutting of said parcels is prohibited.
A parcel of land separated from other parcels of land for purposes of sale, lease or separate use. Such separation may be described on a subdivision plat, indicated on a recorded map or deed, specified by metes and bounds, or created as the result of a public street or railroad right-of-way.
The total horizontal area included within lot boundaries.
A lot of which at least two adjacent sides each abut on streets or public places for a total distance of at least 50 feet.
One of the property lines that establish the metes and bounds of a lot.
See "nonconforming lot."
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of more than five lots or any size subdivision requiring any new street or extension of municipal facilities.
A structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built in compliance with federal regulations, or built prior to January 15, 1976, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, ventilating and electrical systems contained therein. The term "manufactured home" does not include a modular home.
Any plot of land containing a minimum of 10 acres upon which a minimum of 20 manufactured homes can be located and used as one-family dwellings.
A currently licensed manufactured home park which:
Premises devoted exclusively to use by an organization's members and their guests for social, recreational, and/or athletic purposes, not conducted primarily for gain, and not including any vending stands, merchandising or commercial activities, except incidentally for the convenience of the membership.
A type of extended care facility, duly licensed by the New York State Department of Health, providing twenty-four-hours-per-day care and condition management in a secured access setting for those experiencing Alzheimer's or other dementias, and therefore require a specialized and secured setting to avoid potential risk of harm to themselves and/or others.
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 and building permit have been issued. Mining is subject to regulations under Chapter 92 of this Code.
Any subdivision containing not more than five lots, each fronting on an existing street, not involving any new street or road (excepting a shared driveway), whether intended to be public or private, or the extension of Town facilities and not adversely affecting the development of the remainder of the parcel of adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, or this chapter.
A combination of residential and nonresidential uses on the same lot, in the same building or in the same district.
A dwelling unit constructed on site in accordance with New York State Building Code and municipal codes and composed of components substantially assembled in a manufacturing plant and transported to a building site for final assembly on a permanent foundation.
See "vehicle, motor."
A building or structure providing three or more dwelling units. Nothing herein shall be construed to allow supervised or supportive living facilities as those terms are defined in § 1.03 of the New York State Mental Hygiene Law under this definition.
Buildings, structures, and uses owned and operated by the Town, county, state or federal government, not including civic facilities.
A zoning district constituting a community that may have a mixed-use core, the boundaries of which are located on the Town Zoning Map.[6]
A zoning district located at one of several points along the state roads, the boundaries of which are located on the Town Zoning Map.[7]
A lot of record that does not comply with the area, shape, frontage, or location provisions of this chapter for the district in which it is located, but which was conforming at the time it was created.
Any structure lawfully existing at the effective date of this chapter or any amendment thereto which does not comply with the requirements of this chapter solely by virtue of said enactment or amendment.
Any use lawfully existing at the effective date of this chapter or any amendment thereto which does not comply with the requirements of this chapter solely by virtue of said enactment or amendment.
A use providing care and instruction for two or more children less than six years of age and not otherwise qualifying as a day-care center. The term shall include a day nursery.
The Official Compilation of the Codes, Rules and Regulations of the State of New York.
The map, if any, established by the Town Board pursuant to § 270 of the Town Law, showing streets, highways, parks and drainage, both existing and proposed.
The newspaper or newspapers designated by the Town Board for the publication of official notices of meetings and public hearings.
The use of a building or structure to provide one dwelling unit.
Land left in a natural state for conservation and agricultural purposes or land landscaped for scenic purposes, devoted to active or passive recreation, or devoted to the preservation of distinctive architectural, historic, geologic or botanic sites. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure. Preserved open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot. The required open space land may not include private yards within 50 feet of a permitted structure, other than an accessory structure.
The unenclosed storage of any materials or goods on a lot.
A zoning district covering specific geographic areas of concern that is applied to portions of one or more zoning districts, indicating regulations in addition to those of the underlying zoning district.
A circumscribed area of land identified by a unique Tax Map identification number consisting of a section, map and lot number.
An off-street area located on a lot or portion of a lot used for the parking of vehicles accessory to a principal use on the same lot.
An off-street area suitable for parking one automobile, which for the purposes of this chapter is a space at least nine feet wide and 18 feet long, and, in addition, sufficient other areas for ingress, egress, maneuvering and having direct usable access to a street.
The standing of a motor vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.
An individual, firm, trust, partnership, association, corporation, limited-liability company or other legal entity.
Dogs, cats and similar small animals typically kept in a household. The term does not include chickens, pigs, goats, sheep, cows, deer, horses, mules, donkeys, llamas, alpacas, livestock and other animals typically associated with farming and animal husbandry.
An overlay district for the mixed-use development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements, uses and structures that exceed the permitted density and scale (where applicable) of use in the district, as well as uses not otherwise allowed by the underlying zoning.
A facility, the principal business of which is selling plants.
Professional offices in which medical care is provided to persons solely on an outpatient basis by one or more members of the medical professions, including chiropractors, dentists, doctors, osteopaths, podiatrists, therapists, or other licensed medical service providers. Professional medical offices may, subject to any applicable state and/or federal regulatory requirements, also include, but are not limited to, medical testing labs or offices, offices for x-ray, sonograms, MRI, CAT scans and other medical imaging services, offices for the administration of nuclear medicine, radiation therapy, infusion, dialysis and similar medical treatments, offices for outpatient surgical and nonsurgical procedures. "Professional medical offices" shall not mean general hospital, psychiatric hospital or facility, nursing home, residential health care facility, developmental disability school, community residence, or any other inpatient medical or psychiatric facility.
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; included are such facilities as electric substations, high-voltage transmission lines, pump stations, water supply wells, water towers, and telephone substations. Utility distribution facilities serving customers directly are considered customary accessory structures, not public utility facilities. Telecommunications towers and facilities are also regulated under Chapter 101 of this Code.
See "planned unit development."
A commercial use designed and equipped principally for the conduct of sports and leisure time activities. Video parlors, computer gaming facilities, movie theaters, and bars, as principal uses, are not commercial recreation uses.
Commercial recreation is further separated into two categories as follows:
Indoor: recreational activities conducted entirely within a building, including team or individual sports and related health and exercise facilities operated on a commercial or fee basis. An indoor recreational business shall also include, but is not limited to, a gymnasium, fitness center, bowling alley, skating rink; tennis and other racquet courts, field house, indoor track, indoor basketball, and indoor pool house. An indoor recreation use may include accessory uses, such as food service facilities, meeting rooms, serving of alcoholic beverages, video or computer game facilities, video theater facilities, sale of sport or exercise-related equipment or clothing and customary accessory uses clearly incidental to the recreation activity.
Outdoor: recreational activities including, but not limited to, ball fields, playing fields, batting cages, golf courses and driving ranges, tennis, racquet courts, swimming, bike trails, hiking and similar outdoor activities conducted on a commercial or fee basis. An outdoor recreational use may also include customary accessory uses and buildings, such as a clubhouse, food stand, offices, and other uses accessory and incidental to the outdoor commercial use. Outdoor recreation shall not include racetracks; go-cart, motorcycle, remote controlled aircraft, ATV tracks or any other outdoor use involving motorized vehicles or equipment; gun clubs; and shooting preserves.
Commercial recreation uses, whether indoor or outdoor, shall not include "membership clubs" as that term is defined in § 108-2.2 of the Zoning Code.
The use of a place, structure, area or other facility for assembly for religious purposes such as the worship of a deity or deities.
A change of an approved or recorded subdivision plat if such change affects any street layout shown on such plat, any area reserved thereon for public use, any lot line, or any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
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.
A seasonal structure, not to exceed 150 square feet, used for the display and storage of agricultural produce or agricultural products for sale to the general public.
The accessory use of land or preexisting buildings or structures in the Greenbelt or Waterfront Districts for gatherings and events where compensation is paid to the property owner for said use, such as, but not limited to, weddings, parties, fund-raisers conferences, and other similar events, but not including events such as races, concerts, and haunted houses. This definition is not applicable in any other zoning district.
A zoning district located on the west side of Route 9 in the southern part of the Town, the boundaries of which are shown on the Zoning Map.[8]
The size of a use or structure, expressed in gross square feet, including the total area occupied by the use or structure, including all floors of the structure, and including all parking stalls required for such use or structure, but not including the remaining area of the parking lot or driveways. Scale limits do not apply to one- and two-family residential uses, animal husbandry, or agricultural use.
Any street designated pursuant to Article 49 of the Environmental Conservation Law, and any area designated a scenic area of statewide significance pursuant to New York State's Coastal Management Program.
The use of more than 100 square feet of land or structures for more than 30 days for the dismantling or accumulation of used and discarded materials outside of a completely enclosed building. The term does not include a refuse disposal site as defined in Chapter 66.
A type of general commercial use consisting of a building or buildings containing individual, self-contained storage units that are leased or owned and used for the storage of business or household goods.
A multiple-dwelling use for senior citizens, intended primarily for persons who are in good physical condition and do not require physical assistance.
The required minimum distance from the property line to the nearest part of the structure measured at right angles to the property line.
The State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, as amended from time to time.
A temporary or permanent accessory structure for storage or animal husbandry, not to exceed 140 square feet of floor space and 10 feet in height. The term "shed" does not include a shipping container or truck body.
A grouping of three or more retail stores, offices or other nonresidential uses which share adjacent off-street parking facilities.
A structure or assembly of materials used to convey information, such as a name, direction, warning, or advertisement, that is prominently displayed for public view and that consists of letters or symbols formed, inscribed or mounted on wood, metal, masonry or any other material. The term "sign" shall be limited to those signs that are visible from a street, parking lot or walkway, whether displayed indoors or outdoors.
The entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. Where a sign consists solely of individual letters or symbols directly fastened to or painted on the surface of a structure and there is no defined border or frame, the area shall be deemed to be that of the smallest geometric shape that encompasses all such letters or symbols. The total sign area shall be the sum of the areas of all sign faces provided by any particular structure other than a building. In the case of a building, each sign face shall be deemed to be a separate sign area.
The plane or curved two-dimensional surface of a sign upon which the means of communicating information are installed. Each distinguishable surface of a structure that contains such means shall constitute a separate sign face.
The total contiguous land of any owner, including a lot, a portion of a lot, or multiple lots, on which a use or physical improvements related thereto is, has been, or is to be located.
One or more drawings, made to scale, describing the location, extent and construction of proposed physical improvements to land and the location and extent of any existing physical improvements, prepared to specifications and containing necessary elements as set forth in this chapter showing the arrangement, layout and design of the proposed uses of a single lot as shown therein.
A permit issued by the Planning Board pursuant to Article 8 for a particular land use that is permitted in this chapter, subject to requirements imposed by this chapter.
A dwelling associated with and supportive in function and use to a lodging facility, which dwelling may be owned by a leasehold owner and shall be located on the same lot as the lodging facility. Such dwellings shall be secondary or subordinate to the lodging facility in purpose and use, irrespective of physical dimensions or other numerical comparisons. A dwelling shall not be occupied as a primary residence by the leasehold owner, shall be taxable as part of the lodging facility development, and shall be placed in the lodging facility's rental program when not occupied by the leasehold owner available for rental on a daily or longer basis.
See "roadside stand."
See "building code, state."
An existing stone wall built along Route 9, Route 9G, or in Staatsburg before 1950 to separate the lot from the roadway. An historic roadside stone wall is considered to exist if 25% or more of the original height of the wall remains.
The keeping of a motor vehicle on a lot for a time period longer than the parking of a motor vehicle on a lot. For purposes of this definition, parking of a motor vehicle on a lot for a time period longer than 48 hours shall be deemed to be storage of a motor vehicle.
That portion of a building between one floor and the next higher floor, or, in the case of the top story, between the floor and the roof.
Any watercourse having a DEC classification of AA, A, B, C or D.
The bed of a stream and the land within 100 feet of the mean high water level on either side of the stream.
A public route or public road for vehicular traffic, whether designated as a street, lane, road, highway, parkway, avenue, boulevard, place, drive, throughway, thruway, expressway, or however else designated. The term "street" shall not include a driveway, a shared driveway, alley or alleyway, a waterway or a trail, but shall include any other improved vehicular route shown on a map filed with the Dutchess County Clerk or the Town Zoning Map.[9] The term "street" includes the land between the street right-of-way lines and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within the street lines.
A street which carries traffic from minor streets or abutting properties to the major system of arterial streets and which is so designated on the Town's Official Map, if any. Such streets shall be the principal entrance and circulation streets within a development.
The full width of a publicly maintained traveled way, whether acquired through dedication or by use. It may include pavement, shoulders, ditches or gutters, culverts or sluiceways. It may be defined in metes and bounds and be filed with the proper authorities, or it may have been used and maintained by the public for a period of 10 years or more.
A static assembly of materials, forming a construction framed of component structural parts for occupancy or use, such as a building, vending machine, dam, display stand, gasoline pump, installed manufactured home or trailer, reviewing stand, shed, sign, stadium, storage bin, fence or wall.
See "accessory structure."
See "nonconforming structure."
The division of any parcel into two or more lots, with or without streets, for the purpose of sale, lease, transfer of ownership or development.
See "major subdivision."
See "minor subdivision."
A subdivision plat where 20% or more of the lots within the plat are unimproved.
A portion of a craft brewery, distillery, winery or food manufacturing facility that allows customers to taste samples of beer, cider, alcoholic spirits, vinous beverages or edible goods manufactured on the premises. A tasting room may include the sale of such products in addition to related items, marketing events and/or entertainment.
Any structure or structures owned or operated for commercial purposes which are designed for and capable of receiving and/or transmitting electromagnetic signals for the purpose of communication. Such towers and facilities are subject to regulation under Chapter 101 of this Code.
The use of a tent or other similar type of structure for the temporary or permanent outdoor storage of equipment or materials.
A flat, level and/or raised area of land that is improved or landscaped for use as a walkway or a patio.
Commercial logging activity proposing harvesting of more than 50 standard cords of wood or 50,000 board feet of timber as measured by the international 1/4-inch log rule in any one year. Timber harvesting operations are regulated by Chapter 102 of the Town Code.
A core zoning district that encompasses properties located generally on either side of Albany Post Road and south of the Crossroads Core Zoning District. The TC District includes properties at the intersection of Albany Post Road and Pine Woods Road, the boundaries of which are shown on the Town Zoning Map, and development shall be in accordance with the Town Core Design and Development Standards.[10]
One of a group of two or more attached dwelling units, on separate parcels, divided from each other by party walls and each having separate entrances from the outside.
A vehicle dependent on a separate mechanical or animate means for movement, including wagons, carts and similar devices.
A trailer used for camping, extended excursions or recreational purposes only, with or without electric, heating, cooking or sanitary facilities capable of temporary connection to site utilities.
A trailer having integral panel systems enclosing three or more sides and the top, primarily used for transportation of material, equipment, produce, or animals. A commercial trailer shall be deemed to be a building when placed on any lot for the purpose of storing rather than transporting.
A commercial trailer used in connection with construction projects, for the purposes of office, machine shop, or storage. A construction trailer shall be deemed to be a building when used in a stationary manner on a construction site. A construction trailer may have electric and heating capable of temporary connection to site utilities.
A trailer without an integral top panel system and with or without integral side panel systems, including trailers of all types not otherwise specifically defined herein.
A horizontal line across the front of a building expressed by a change of material or by a limited projection such as a cornice or balcony, dividing the facade to permit shop fronts and signage to change over time without destroying the overall composition of the facade.
A traveled route used for the movement of vehicles, goods, or people, including the Hudson River.
The number of vehicle trips generated by land use type. Mean trip generation rates and units as published in the Institute of Transportation Engineers (ITE) Trip Generation Report, current edition, or similar standards shall be used in these determinations.
The use of a building to provide two dwelling units.
The specific purpose for which land or a structure is designed, arranged, intended or for which such land or structure is or may be occupied, employed or maintained.
See "mixed use."
See "nonconforming use."
A use that does not involve an irreversible, or nearly irreversible, commitment of land and which is conducted for a period of time not exceeding four months.
Any motor vehicle, other than a new car, that is intact, with battery in an operating condition and capable of passing state inspection for road use.
Any person or persons engaged in the business of selling and/or buying and storing used cars.
A parcel upon which one or more used motor vehicles are offered for sale or consignment or lease exceeding the limits for vehicle for sale permits as per § 108-30.6B(4).
An 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 this chapter.
An authorization by the Zoning Board of Appeals for the use of land for a use which is otherwise not allowed or is prohibited by this chapter, provided that the term does not include a PUD.
A self-propelled, land-operated vehicle, including, without limitation, an automobile, car, truck, motorcycle, ATV, off-road vehicle, recreational vehicle, or other vehicle.
A motor vehicle not requiring streets for operation, including trail bikes, ATVs, snowmobiles, golf carts and similar vehicles.
A motor vehicle, licensed by the State of New York for operation on streets, containing electric, heating, sanitary, and/or cooking facilities, intended for use with site-provided utility connections, used for camping, extended excursions or recreational purposes only, commonly referred to as an "RV" or "motor home."
A craft or device for traveling on water larger than a punt and including a boat or ship.
The amount of three-dimensional space that a structure envelopes as measured in cubic units, as defined by the exterior surfaces of such structure and the plane established by the average finish grade along the foundation of such structure plus any basement or cellar space below such plane as defined by the surface of those walls and floors in contact with the ground.
A component of a transportation corridor intended for the travel of persons by foot, wheelchair or manually operated device.
Any visible path through which surface water travels on a regular basis, including a stream or river. A drainage ditch, swale, or surface feature that contains water only during and immediately after a rainstorm or a snow melt shall not be considered to be a watercourse.
A use requiring a location abutting the Hudson River, limited to the following:
A use that depends on the utilization of resources found in the River;
A recreational activity which depends on access to the River;
A use providing for the transfer of goods to and from the River;
A structure needed for navigational purposes or flood and erosion protection;
A use providing mooring, docking, storage, service or maintenance of boats;
An education use which, by its nature, requires access to the River; or
An accessory structure necessary for the successful functioning of a permitted water-dependent use, provided that such accessory structure is located inland from such water-dependent use rather than on the shore.
A use that does not have critical dependence on a location on the shore of the Hudson River, but whose profitability and/or level of enjoyment by those using the facility would be increased significantly if the use were adjacent to or had visual access to the river. All one-family and two-family residential uses, restaurants and tourist facilities are considered water-enhanced uses.
A zoning district including all the land in the Town west of the center line of U.S. Route 9, outside the CIAN, Landings, Hamlet, Neighborhood and Business Districts, the boundaries of which are located on the Town Zoning Map.[11]
A path, route or course that may be lawfully used to travel from one place to another.
Any area possessing three essential characteristics: hydrophytic vegetation, hydric soils and wetland hydrology, all of which must be present in an area to be considered a wetland. The criteria to determine the presence of hydrophytic vegetation, hydric soils and hydrological indicators shall be those set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 1989, a copy of which is on file in the office of the Town Clerk for reference. Wetlands shall include all portions of DEC-regulated wetlands, all portions of ACOE-regulated wetlands, and all portions of wetlands not regulated by either DEC or ACOE.
An establishment which is primarily used for the manufacture of vinous beverages for on-site distribution and/or on-site consumption in accordance with New York State Liquor Authority, Department of Health and other applicable agency regulations.
An area free of buildings on the same lot with a building or group of buildings, which area lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.
A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the building. If the plot abuts a state highway, the front yard will be on the side abutting the state highway.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard, or, in the absence of either of such yards, extending from the front lot line to the rear lot line, as the case may be.
The Town official charged with the administration and enforcement of this chapter.
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
[2]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
[3]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[4]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[5]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[6]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[7]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[8]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
[9]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
[10]
Editor's Note: The Town Core Design and Development Standards are included as an attachment to this chapter.
[11]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[12]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.