[Amended 9-11-1985 by L.L. No. 3-1985; 9-13-1989 by L.L. No. 4-1989; 11-21-1994 by L.L. No. 1-1994; 2-23-1998 by L.L. No. 1-1998; 4-19-2004 by L.L. No. 2-2004; 2-17-2009 by L.L. No. 1-2009; 1-21-2020 by L.L. No. 1-2020]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENTA separate dwelling unit, with its own cooking, sanitary and sleeping facilities, within a one-family dwelling, but subordinate to it in size and appearance. An accessory apartment may also be a unit, as detailed above, and subordinate to the principal dwelling in size and appearance, created in an existing barn, garage or other accessory building on a one-family dwelling lot.
ADAPTIVE REUSEContemporary 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 commercial building. This shall include the expansion of the existing building or structure by not more than 25% of the existing gross floor area.
AGRICULTUREThe production of crops or plants or vines and trees.
ALLEYA public way having a right-of-way width of 20 feet or less.
ANIMAL HUSBANDRYThe keeping, grazing, feeding and care of animals other than household pets or more than two saddle horses or ponies.
AREA, BUILDINGThe total square foot area of each level used, if more than one floor, of the principal building and all accessory buildings exclusive of uncovered porches, terraces and exterior steps. All dimensions shall be measured between the exterior face walls.
AREA, LANDWhen referring to the required area per dwelling unit, means net land area, the area exclusive of streets and other public open space.
AUTOMOBILE SALES AREAA premises, including open areas other than a street or way and showrooms enclosed within a building, used for the display or sale of new or used automobiles, trucks, cargo trailers and boats.
BAR or TAVERNAn establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises.
BASEMENTA story partly underground but having at least 1/2 of its height above the average outside ground level.
BLOCKThe length of a street between two street intersections. Where street intersections are at intervals greater than 1,200 feet, 1,200 feet shall be considered the length of block for purposes of this chapter.
BUILDINGAny structure constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, including tents, lunch wagons, dining cars, mobile homes, billboards, signs and similar structures whether stationary or movable.
BUILDING, ACCESSORYA building, the use of which is customarily incidental to that of a principal building and which is located on the same lot as that occupied by the principal building.
BUILDING, ACCESSORY USE OFA use customarily incidental to the use of a principal building, not occupying more than 25% of the total aboveground floor area of the principal building thereof and including:
A. The office or studio of a physician or surgeon, dentist, accountant, artist, musician, lawyer, architect, engineer, teacher, insurance agent, real estate broker or other such professional person residing on the premises, provided that there is no advertising display visible from the street, other than a small professional nameplate. The above shall not be interpreted to include the office or place of business of a mortician.
B. Customary home occupations as defined herein, provided that there is no display of goods visible from the street, no exterior advertising, other than an unlighted sign not over two square feet in area, and such occupation is conducted in the main building by a person or persons residing therein.
BUILDING, ALTERATION OFAny addition to a building, a change or rearrangement in the structural parts or exit facilities, or any change in the use from one district classification to another, or removal of a building from one location to another.
BUILDING, HEIGHT OFThe vertical distance measured from average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
BUILDING LINE, FRONTThe line of that face of a principal building nearest the street line. In the case of a corner lot any building line nearest to a street line shall be considered a front building line.
BUILDING OR STRUCTURE, NONCONFORMINGAn established building or structure lawfully existing prior to and at the time of the adoption of this chapter, which because of its inherent nature of construction, does not conform to and with the provisions of this chapter for the district in which it is located.
BUILDING, PRINCIPALA building, including covered porches, in which is conducted the principal use of the lot on which it is situated. In any residence district any dwelling shall be deemed the principal building on the lot on which it is situated.
BUS PASSENGER SHELTERA one-story structure not more than 50 square feet in area to provide shelter at school bus and other bus stops.
CAMPAny area on which are located two or more cabins, tents or tent floors, camp or travel trailers, shelters, houseboats or other accommodations of a design or character for seasonal or other more or less temporary living purposes, whether or not such structures are actually occupied seasonally or otherwise.
CELLARA portion of a building having more than 1/2 of its height below the average outside ground level.
CEMETERYLand used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated with and within the boundary of such cemetery.
CENTER LINE OF STREET OR ROADA line midway between and parallel to two street or road property lines or as otherwise defined by the Planning Board.
CLINIC, DENTALA structure designed for the practice of dentistry in which nonresident patients are treated.
CLINIC, MEDICALA structure designed for the practice of medicine in which nonresident patients are treated.
CLUBHOUSEA building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
CONSTRUCTION, FIRE-RESISTANTThat type of construction in which the walls, partitions, columns, floors and roof are noncombustible with sufficient fire resistance to withstand the effects of a fire and prevent its spread from story to story.
COURTAn unoccupied open space, other than a yard. An "outer court" is one that extends to the street or to the front or rear yard. An "inner court" is any other court.
COVERAGEThat percentage of the lot covered by the building area.
CURB LEVELThe officially established grade of the curb in front of the midpoint of the lot.
DRIVE-IN BUSINESSIncludes drive-in outdoor theaters, refreshment stands, banks and the like where patrons enter the premises and are served or entertained in automobiles. Deposit and pickup services shall not be considered drive-in businesses as defined herein.
DRIVEWAYLand situated on a lot used or intended to be used to provide access to it by vehicular traffic.
DUMPLand used for the disposal by abandonment, dumping, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind, either liquids or solids.
DWELLINGA house or other building designed or used primarily for human habitation. The word "dwelling" shall not include tourist homes, mobile homes, motels, hotels or other structures designed for transient residents. A bus is not construed to be a dwelling.
DWELLING, MULTIFAMILYA dwelling or group of dwellings on one plot containing separate living units for three or more families, but which may have joint services or facilities or both.
DWELLING, ONE-FAMILYA detached building designed for the use of a single household, including one or more persons living as a family, and wherein not more than three boarders are sheltered and/or fed for profit.
DWELLING, ROW HOUSE OR TOWNHOUSEA dwelling accommodating or designed to accommodate but a single family in a single dwelling unit, the walls on two sides of which may be in common with the walls of adjoining dwellings and are party or lot line walls.
DWELLING, SEMIDETACHEDA detached building containing two dwelling units separated by a party wall, each having one side yard.
DWELLING, TWO-FAMILYA building having two side yards and accommodating but two families, with one family living over the other.
DWELLING UNITAny dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities thereof.
ECHO (Elder Cottage Housing Opportunity) UNITA separate, detached, temporary dwelling unit, with its own cooking, sanitary and sleeping facilities, accessory to a one-family dwelling, for the use of and occupied by the elderly relatives of the occupants of the one-family dwelling.
EDUCATIONAL INSTITUTIONA college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, social or athletic activities, when located on the institution's land that is not detached from land where classroom facilities are maintained.
FACTORYA building or group of buildings, usually with equipment, where goods are manufactured.
FACTORY MANUFACTURED HOMEAny structure or component thereof (excluding mobile homes - see definition) designed primarily for residential occupancy which is wholly or in substantial part manufactured in manufacturing facilities located away from the building site for installation or assembly and installation on the building site.
FAMILYOne or more persons occupying a premises and living as a single nonprofit housekeeping unit, provided that, unless all members are related by blood, marriage or adoption, no single housekeeping unit shall contain more than five members.
FAMILY HOME or FAMILY CARE HOMEA family home or family care home as a facility for mentally ill or mentally retarded adults and children. The home is intended for the admission of such individuals who are provided with a program of services and protective supervision in a home setting.
FARMAny tract of land comprising three or more acres on which agricultural products, animal products or animal increase with a value of $150 or more are produced annually. It excludes fur farms, pig farms, cage-type poultry houses, public stables and dog kennels.
FARMHOUSEThe principal building used as a dwelling on any tract of land classified as a farm.
FINE ARTS CENTERAn establishment on which one or more structures are located devoted to the production and presentation of plays, concerts, recitals, lectures, screenings and similar cultural and educational events and to the offering of instruction in theater, dance, art and music.
FLOODPLAINThose lands identified on the Federal Emergency Management Agency Flood Insurance Rate Map as being in a special flood hazard area.
FLOOR AREA (OF A BUILDING)The sum of the gross horizontal area of the several floors, including the basement of a building and its accessory buildings on the same lot, and including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA RATIOThe floor area of a building divided by the area of the lot which it occupies.
GARAGE, PRIVATEA garage not conducted as a business or used for the storage space for more than one commercial vehicle which shall be owned by a person residing on the premises.
GARAGE, PUBLICA garage conducted as a business. The rental of storage space for more than two passenger cars or for one commercial vehicle not owned by a person residing on the premises shall be deemed a business use.
GRADE, ESTABLISHEDThe elevation of the center line of the streets as officially established by the municipal, county or state highway authorities.
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HOME OCCUPATIONAny use conducted entirely within the primary building or an ordinary accessory building which is incidental and secondary to the use of the building lot for residential use and does not change the residential character of the dwelling and in which there is no external display of the goods used or produced in such home occupation. There shall be no more than one nonresident employee involved in the home occupation and signs shall be limited to a size appropriate to the residential district. Nor shall any customary home occupation be construed to include that which requires the presence in the home of machinery or equipment normally associated with commercial or industrial activities or that which produces offensive noise, vibration, smoke, dust, odors, heat, glare or other nuisances.
HOME, TOURISTA dwelling in which overnight accommodations are provided for not more than 10 transient paying guests.
HOSPITALAn establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanitaria, and shall be limited to the treatment or other care of humans.
HOSPITAL, ANIMAL or VETERINARY CLINICAn establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment and shall exclude the treatment or other care of humans.
HOTELA building or group of buildings in which there are 12 or more rental sleeping rooms and which may also include dining rooms, kitchens, serving rooms, ballrooms and other facilities and services intended primarily for the accommodation of its patrons.
HOTEL, RESIDENTIALA dwelling occupied by permanent guests only and not by transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.
INDUSTRYIncludes the entire range of economic activity and as applied to specifics, i.e., manufacturing, wholesale, retail, services, etc., shall have the meaning set forth in the Standard Industrial Classification Manual, published by the Executive Office of the President, Bureau of the Budget – 1957.
INDUSTRY, NONMANUFACTURINGThose activities described under Code 6 in the Dutchess County Planning Department Land Use Classification and Code except junkyard – scrap and waste wholesaling.
JUNKYARDA lot, land or structure or part thereof over 200 square feet in area, used primarily for the collecting, storage and/or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof, except as accessory to a principal industrial use of the lot. Two or more motor vehicles not in operating condition shall be deemed to constitute a junkyard.
KENNELAny establishment, including cages, dog runs and structures, wherein more than four dogs which are over six months old are harbored.
LAUNDRY, COIN-OPERATED, DRY CLEANERA business premises equipped with individual clothes-washing and clothes-drying and/or cleaning machines for the principal use of retail customers.
LOTA piece, parcel or plot land occupied or designed to be occupied by a principal building and its accessory building or buildings and including the yards and other open spaces required by this chapter.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lot lines. 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 points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT DEPTHThe horizontal distance from the street line of the lot to its opposite rear line measured along the median between the two side lot lines.
LOT LINESThe lines that bound a lot as defined herein.
LOT OF RECORDAny lot which has been established as such by plat, survey, record or deed prior to the date of this enactment as shown on the records of the Dutchess County Clerk's Office.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT WIDTHThe distance between the side lot lines measured along the front building line as determined by the front yard requirement prescribed by this chapter.
MAJOR EXCAVATION, GRADING OR FILLINGAny operation (other than in connection with foundations for a structure or highway construction) involving:
A. A volume of earth movement exceeding the average of one cubic foot per square foot of lot area, or 1,000 cubic yards, whichever is the lesser; or
B. A change in ground elevation from previously existing grade exceeding 10 feet.
MOBILE HOMEA movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities and designed and constructed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing.
MOBILE HOME PARKAny lot on which two or more mobile homes are located regardless of whether or not a charge is made for such accommodations.
MOTEL or MOTOR COURTA public inn containing not less than eight rental units with provisions for, but not limited to, automobile parking space to accommodate not less than one car per unit and separate toilet facilities and hot and cold running water for each rental unit.
MOTOR FREIGHT TERMINALAny premises used by a motor freight company regulated by the Public Service Commission of New York and/or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods, being transported for the purpose of storing, transferring, loading and unloading such goods.
MOTOR VEHICLE SERVICE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means, body and fender work or the dismantling or replacing of engines.
NURSE SCHOOLA school designed to provide daytime care or instruction for two or more children from two to five years of age inclusive and operated on a regular basis.
OCCUPANCYThe utilization of a building, structure or land.
OCCUPANCY, SEASONALOccupancy for a period not exceeding four months during any one calendar year.
OFFICIAL MAP, VILLAGEA map adopted by the Village Board pursuant to the provisions of § 7-724 of the Village Law and which may be or may have been revised according to the provisions of § 7-724 of the Village Law, which shows streets, highways and parks theretofore laid out, adopted and established by law and which may show drainage systems.
OPEN SPACEAn unoccupied space open to the sky required by the terms of this chapter.
OUTDOOR FURNACEAn accessory structure designed and intended, through the burning of wood or any other material, for the purpose of heating the principal structure or any other site, building or structure on the premises.
PARKING SPACEFor the purpose of computing the number of parking spaces available in a given area, the ratio of 300 square feet per parking space shall be used.
PORCH, OPENA porch open on three sides except for wire screening. A porch shall not be considered open if enclosed by either permanent or detachable glass sash. A structure having a driveway running to it, under it or through it shall not be considered to be an open porch.
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPINGA lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, as an industrial operation, and exclusive of the process of grading preparatory to the construction of a building for which a zoning permit has been issued or highway construction.
RIDING ACADEMYAny establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
ROADSIDE STANDA stall or booth for business which shall be limited to the sale of farm products.
SCHOOL, ELEMENTARYAny school having regular sessions with regularly employed instructors who teach those subjects that are fundamental and essential in general education under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body or a private corporation meeting the requirements of the state.
SCHOOL, PRIVATEAn educational institution, other than a university or college, giving general academic instruction which may include structures used for administration, student housing, faculty housing, dining, social and athletic activities, as well as accessory needs.
SCHOOL, SECONDARYThe same as elementary school, except secondary education is provided.
SCHOOL, VOCATIONALAny school having regular sessions with regularly employed instructors who, as a principal activity, provide training in a trade or vocation and teach those subjects that are fundamental and essential in elementary or secondary education, under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or a corporation meeting the requirements of the state.
SEWER, CENTRALA sanitary disposal system serving three or more dwelling units in a single development, the construction plans and the plans for the operation of shich shall be approved by the Dutchess County Department of Helath.
SEWER, PUBLICA public sewer is a sewer connected to a municipal sanitary sewer system or a sanitary sewer connected to a nonmunicipal sanitary sewer system, the construction plans and the plans for the operation of which shall be approved by the Dutchess County Department of Health. Any facility which provides for the disposal of sanitary sewage on a lot occupied by a principal building other than a sewage disposal plant shall not be deemed a public sanitary sewer system.
SHOPPING CENTERA group of stores, shops and similar establishments occupying adjoining structures all of which may be deemed one building if designed as an architectural unit and if it has adequate space in the rear for loading and unloading commodities.
STABLE, PRIVATEAn accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLICA building in which horses are kept for remuneration, hire or sale.
STORAGE, OPENLand used for the keeping of goods, wares or supplies on land outside of any building or structure. This, however, shall not be construed as including the activities of junkyards as defined here.
STORYThat part of a building, included between any floor, other than a cellar floor, and the floor or roof next above.
STREETAny public way dedicated to public travel greater than 20 feet in width.
STREET LINEA street line is the right-of-way line of a street as indicated by dedication or by deed or record.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
STRUCTURE, ALTERATION OFAny addition to a structure, a change or rearrangement in the structural parts or any change in use from one district classification to another or removal of a structure from one location to another.
SWIMMING POOLAny body of water (excluding natural bodies of water fed by rivers, streams, brooks or springs) or receptacle for water having a depth at any point greater than two feet and used or intended to be used for swimming or bathing, and constructed, installed or maintained in or on the ground outside any building.
THEATERA building or part of a building devoted to presenting entertainment on a paid admission basis.
THEATER, DRIVE-IN OUTDOOROpen land with its appurtenant facilities devoted to the showing of motion pictures to patrons seated in automobiles.
TRAILER, BOATA vehicle designed exclusively for the transportation of one boat of less than ten-foot beam and twenty-four-foot length.
TRAILER, CAMP OR TRAVELA vehicle or portable structure not over 400 square feet in floor area, equipped but not regularly used for sleeping, but which may not have sanitary facilities.
TRAILER, CARGOA vehicle, not over 70 square feet in floor area, used for the hauling of cargo.
USEThe specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.
USE, ACCESSORYA use which is customarily incidental to and subordinate to the principal use of a premises, building or structure and located on the same premises as the principal use, building or structure.
USE, NONCONFORMINGAn established use of a building or structure or use of land lawfully existing prior to and at the time of the adoption or amendment of this chapter that does not conform with the permitted use provisions of this chapter as they apply to the district in which the building, structure or land is located.
YARDAn unoccupied space open to the sky on the same lot with a building or structure.
YARD, FRONTAn open space extending across the entire width of the lot between the front building line or front main wall of a building and the front property line (street or road right-of-way line).
YARD, REARAn open space extending across the entire width of the lot between the rear line of the lot and a line parallel to the rear line of the lot at a distance from the rear line of the lot specified for the zoning district in which the lot is situated.
YARD, SIDEAn open unobstructed space on the same lot with a principal building between the principal building and the side line of the lot and extending through from the front yard to the rear yard.