Certain words and terms used in this chapter are defined for the purposes thereof as follows:
A 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.
[Added 2-9-1989 by L.L. No. 3-1989]
The production of crops or plants or vines and trees.
A public way having a right-of-way width of 20 feet or less.
The keeping, grazing, feeding and care of animals other than household pets or more than two saddle horses or ponies. However, the term, "animal husbandry" shall not be construed to include the activities of fur farms, pig farms or cage-type poultry houses.
A device which is attached to a tower or other structure for transmitting or receiving radio or electromagnetic waves.
[Added 1-26-1998 by L.L. No. 1-1998]
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
When referring to the required area per dwelling unit, means net land area, the area exclusive of streets and other public open space.
A 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.
The space on a tower or structure to which antennas are both structurally and electromagnetically able to be attached.
[Added 1-26-1998 by L.L. No. 1-1998]
An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises.
A story partly underground but having at least 1/2 of its height above the average outside ground level.
The primary sending and receiving site in a wireless telecommunications or other communications network. More than one base station and/or more than one variety of communication service provider can be located on a single tower or structure.
[Added 1-26-1998 by L.L. No. 1-1998]
An off-premises outdoor advertising structure typically found in high traffic areas such as alongside busy roads.
[Added 9-3-2009 by L.L. No. 3-2009]
The 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.
A dwelling, other than a hotel or motel, wherein more than three people are sheltered and/or fed for compensation.
Any structure used or intended for supporting or sheltering any use or occupancy.
[Amended 9-8-2011 by Ord. No. 4-2011]
A 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.
A 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:
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.
Customary home occupations, as defined herein, provided that:
There is no display of goods visible from the street.
There is no exterior advertising, other than an unlighted sign not over two square feet in area.
Such occupation is conducted in the main building by a person or persons residing therein.
Any 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.
The 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.
Shall be known as the Code Enforcement Officer appointed pursuant to §
180-83 of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
The 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."
An established building or structure lawfully existing prior to and at the time of the adoption of this chapter or any amendment thereto 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.
A permit issued pursuant to §
180-85 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
A 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" of the lot on which it is situated.
A one-story structure not more than 50 square feet in area to provide shelter at school bus and other bus stops.
Any 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.
A portion of a building having more than 1/2 of its height below the average outside ground level.
Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries when operated with and within the boundary of such cemetery.
A line midway between and parallel to two street or road property lines, or as otherwise defined by the Planning Board.
A type of certificate issued pursuant to §
180-88 of this chapter for structures or portions thereof to be occupied by persons.
[Added 9-8-2011 by Ord. No. 4-2011]
A type of certificate issued pursuant to §
180-89 of this chapter stating that materials and products meet specified standards or that work is done in compliance with approved construction documents.
[Added 9-8-2011 by Ord. No. 4-2011]
The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.
[Added 1-26-1998 by L.L. No. 1-1998]
A building for public worship.
A structure designed for the practice of dentistry, in which nonresident patients are treated.
A structure designed for the practice of medicine, in which nonresident patients are treated.
A 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.
The Code Enforcement Officer and all inspectors shall also be known as "Code Enforcement Officers."
[Added 9-8-2011 by Ord. No. 4-2011]
A structure, located at a base station, designed principally to enclose equipment used in connection with personal wireless service or other communications systems.
[Added 1-26-1998 by L.L. No. 1-1998]
A tower, antenna and any accessory structures or equipment designed, used or intended to be used for transmission or receiving of electromagnetic or radio communications signals as part of a commercial activity.
[Added 1-26-1998 by L.L. No. 1-1998]
An order issued by the Code Enforcement Officer pursuant to §
180-97A of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
That 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.
A one-story retail store containing less than 3,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and household supplies to customers who purchase only a relatively few items. Such establishment may include the retail sale of gasoline, oil and other automotive fluids, but no repairs or servicing of motor vehicles shall be permitted.
[Added 10-9-2003 by L.L. No. 3-2003]
An existing building modified to create in it up to 12 separate dwelling units, depending on the size of the building, the size of the lot and the zoning district in which the building is located.
[Added 12-28-1989 by L.L. No. 9-1989]
See §
180-40 of Article
VIII.
[Added 8-14-1986 by L.L. No. 2-1986]
An 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."
That percentage of the lot covered by the building area.
The officially established grade of the curb in front of the midpoint of the lot.
Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.
[Added 1-26-1998 by L.L. No. 1-1998]
Includes 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.
Land situated on a lot used or intended to be used to provide access to it by vehicular traffic.
Land 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.
A 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."
A 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.
A 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.
A 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.
A detached building containing two dwelling units separated by a party wall, each having one side yard.
A building having two side yards and accommodating but two families, with one family living over the other.
Any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities therefor.
A 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.
[Added 2-9-1989 by L.L. No. 2-1989]
A center organized to promote and foster education in the arts, humanities or sciences, with facilities for, but not limited to, libraries, archives, seminars, lectures, conferences and workshops, which is not a college or university giving general academic instruction.
[Added 2-24-1983 by L.L. No. 1-1983]
A 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 and social or athletic activities, when located on the institution's land that is not detached from land where classroom facilities are maintained.
Electromagnetic frequency radiation.
[Added 1-26-1996 by L.L. No. 1-1998]
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
[Added 9-8-2011 by Ord. No. 4-2011]
Effective radiated power.
[Added 1-26-1998 by L.L. No. 1-1998]
That portion of a building wall containing the business's main public entrance, which corresponds to the height and width of the interior space rented or owned by the tenant of the business establishment.
[Added 9-3-2009 by L.L. No. 3-2009]
A property or any part thereof which is owned or leased by one or more personal wireless or other communications service providers and upon which one or more personal wireless or other communications service facility(ies) and required landscaping are located.
[Added 1-26-1998 by L.L. No. 1-1998]
A building or group of buildings, usually with equipment, where goods are manufactured.
Any structure or component thereof (excluding mobile home, 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.
One or more persons who live together in one dwelling unit and maintain a common household, which may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption and may also include domestic servants and gratuitous guests. This definition does not intend to prohibit group homes and/or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided such facilities are licensed and permitted under the authority of the appropriate state department or agency.
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.
A parcel of land of not less than 10 acres used for the production of crops, livestock or livestock products, including dairy products, eggs, poultry, aquaculture, fruit, nuts, honey, vegetable and field crops, plantations, orchards, nurseries, greenhouses or other similar operations used primarily for the raising of agricultural or horticultural commodities. The term "farm" includes necessary farm structures within the prescribed limits of the farm parcel and the storage of equipment as part of the farm operation. The term "farm" does not include public stables, dog kennels, cage-type poultry farms, fur farms, nursery farms and pig farms. Notwithstanding the ten-acre limitation contained in this definition, land located within an Agriculture District, as that term is defined by Article
25-AA of the Agriculture and Markets Law, which is used in agricultural production in accordance with the definitions contained in §
301 of the Agriculture and Markets Law, shall be deemed to constitute a farm, regardless of its acreage. Nothing herein shall be deemed to prohibit gardening, the raising of animals or other agricultural activities conducted for private use or consumption as an accessory use to a dwelling.
[Amended 5-17-1984 by L.L. No. 1-1984; 7-10-1997 by L.L. No. 1-1997]
A special event held by a farm market designed to provide agricultural marketing and promotional activities for the farm and/or the region's agricultural producers. A farm festival may include such activities not usually conducted by a farm market, such as entertainment, dancing, cultural and educational activities and food service. It is anticipated that a farm festival will be designed to attract large numbers of attendees to the farm market.
[Added 7-1-1997 by L.L. No. 1-1997]
A structure in which 5,000 or more birds are housed, one or more to a cage, in meshwork floored cages elevated above the main floor of the structure, and in which all normal processes relating to live birds are accomplished without removing the birds from the cage.
Any building, structure or place owned by a municipal corporation or under lease to or in possession of a public or private agency, used or intended to be used by two or more producers for the direct sale of farm and food products and as further defined and described in Article
22 of the Agriculture and Markets Law of the State of New York, as permitted by §
180-69 of this chapter.
[Added 7-10-1997 by L.L. No. 1-1997]
A structure in which 25 or more fur-bearing animals are kept for breeding and/or sale.
A structure operated as an accessory use to a farm, for the sale of agricultural and farm products, as permitted by §
180-68.
[Added 7-10-1997 by L.L. No. 1-1997]
The principal building used as a dwelling on any tract of land classified as a farm.
Any tract of land on which trees, shrubs and flowers are grown for transplanting, for use as stocks for budding and grafting or for sale. Agricultural products that are nonmechanical and used by the farmer ordinarily in the production of his crop or commodity and plant life similar to that grown on the farm may also be sold as permitted by §
180-59.
[Added 5-17-1984 by L.L. No. 1-1984]
Any tract of land on which five or more pigs are kept.
Federal Communications Commission; the government agency responsible for regulating telecommunications in the United States.
[Added 1-26-1998 by L.L. No. 1-1998]
FCC OET Bulletin 65, Edition 97-01, August 1997, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio frequency Electromagnetic Fields" as the same may be amended or superseded.
[Added 1-7-1999 by L.L. No. 1-1999]
The policies, guidelines, requirements and limits with regard to human exposure to radio frequency (RF) fields adopted by the FCC on August 1, 1996, which amended Part
1 of Title 47 of the Code of Federal Regulations and which were further amended by action of the FCC on August 25, 1997 (47 CFR
1.1307(b),
1.1310,
2.1091 and
2.1093, as amended), as the same may be amended or superseded.
[Added 1-7-1999 by L.L. No. 1-1999]
The areas of special flood hazard for the Town of North East, as identified and defined on the Federal Emergency Management Agency's Flood Insurance Rate Map, effective May 2, 2012.
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.
The floor area of a building divided by the area of the lot which it occupies.
A facility used for housing, with or without dining facilities, of students attending an educational institution as defined herein and which is approved as a residence for its students by the aforementioned educational institution.
A wholly enclosed parcel of land maintained for the possession, propagation, protection, safeguarding and/or preservation of game or wildlife. A "game or wildlife preserve" shall not include the operation of a shooting preserve or a rod and gun club.
[Added 5-4-1995 by L.L. No. 4-1995]
A garage not conducted as a business or used for the storage space of more than one commercial vehicle which shall be owned by a person residing on the premises.
A 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.
Gigahertz: one billion hertz.
[Added 1-26-1998 by L.L. No. 1-1998]
The elevation of the center line of the streets as officially established by the municipal, county or state highway authorities.
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
A measure of the percentage of calls which are able to connect to the base station during the busiest hour of the day. Grade of service is expressed as a number, such as p.05, which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better grade of service.
[Added 1-26-1996 by L.L. No. 1-1998]
One hertz is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.
[Added 1-26-1998 by L.L. No. 1-1998]
For the purposes of the Zoning Code of the Town of North East, Routes 22, 44, and 199 are considered arterial highways.
[Added 9-3-2009 by L.L. No. 3-2009]
Any 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. A customary "home occupation" shall not 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.
A dwelling in which overnight accommodations are provided for not more than 10 transient paying guests.
An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanitariums, and shall be limited to the treatment or other care of humans.
An 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.
A 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.
A 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.
An establishment engaged in either selling of goods to the general public and rendering services incidental to the sale of such goods or an establishment engaged in rendering services to individuals and/or other business establishments, both of which are to occur within an enclosed building.
[Added 8-21-2003 by L.L. No. 2-2003]
Includes 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.
Includes those activities described under Code 6 in the Dutchess County Planning Department Land Use Classification and Code, except junkyards, scrap and waste wholesaling.
An inspector appointed pursuant to §
180-83D of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
A lot, land or structure, or part thereof over 200 square feet in area, used primarily for the collecting, storage and/or sale of wastepaper, 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.
Any establishment, including cages, dog runs and structures, wherein more than four dogs which are over six months old are harbored.
A business premises equipped with individual clothes washing and drying and/or cleaning machines for the principal use of retail customers.
A piece, parcel or plot of 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.
A 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°.
The horizontal distance from the street line of the lot to its opposite rear line, measured along the median between the two side lot lines.
A lot other than a corner lot.
The 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 enactment as shown on the records of the Dutchess County Clerk's office.
An interior lot having frontage on two parallel or approximately parallel streets.
The distance between the side lot lines measured along the front building line as determined by the front yard requirement prescribed by this chapter.
Any operation (other than in connection with foundations for a structure or highway construction) involving:
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
A change in ground elevation from the previously existing grade exceeding 10 feet.
Megahertz: one million hertz.
[Added 1-26-1998 by L.L. No. 1-1998]
A 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.
Any lot on which two or more mobile homes are located, regardless of whether or not a charge is made for such accommodations.
Any change or proposed change in maximum power input or output and/or number of antennas and/or change in operating frequency of an existing communications or personal wireless facility.
[Added 1-26-1998 by L.L. No. 1-1998]
Any increase or proposed increase in dimensions or change to marking or lighting of an existing tower or other structure designed to support personal wireless service, or other communications transmission, receiving and/or relaying antennas and/or equipment.
[Added 1-26-1998 by L.L. No. 1-1998]
A single self-supporting vertical pole with no guy wires, usually consisting of a galvanized or painted metal, or a wooden pole.
[Added 1-26-1998 by L.L. No. 1-1998]
A place of public lodging 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, separate toilet facilities and hot and cold running water for each rental unit.
[Amended 8-14-1986 by L.L. No. 2-1986]
Any 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.
Any 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.
A 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.
Any establishment where persons are housed or lodged and furnished with meals and nursing care for hire.
The utilization of a building, structure or land.
Occupancy for a period not exceeding four months during any one calendar year.
A map adopted by the Town Board pursuant to the provisions of §
270 of the Town Law and which may be, or may have been, revised according to the provisions of §
273 of the Town Law, which shows streets, highways and parks theretofore laid out, adopted and established by law and which may show drainage systems.
An unoccupied space, open to the sky, required by the terms of this chapter.
See §
180-50A(7).
[Amended 10-13-1988 by L.L. No. 4-1988]
The person to whom a building permit has been issued.
[Added 9-8-2011 by Ord. No. 4-2011]
An individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
[Added 9-8-2011 by Ord. No. 4-2011]
All equipment (including any repeaters) with which a personal wireless service provider broadcasts and receives the radio-frequency waves which carry its services, and all locations of said equipment or any part thereof. A PWSF may be sited on a tower or structure owned and permitted by another owner or entity.
[Added 1-26-1998 by L.L. No. 1-1998]
An entity licensed by the FCC to provide personal wireless services.
[Added 1-26-1998 by L.L. No. 1-1998]
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. These services include: cellular services, personal communications services (PCS), specialized mobile radio services and paging services.
[Added 1-26-1998 by L.L. No. 1-1998]
A 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."
A 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 building permit has been issued, or highway construction.
Computer-generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above ground, and above mean sea level, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide adequate coverage for the personal wireless service facility proposed for that site.
[Added 1-26-1998 by L.L. No. 1-1998]
A facility for recreation and/or sports, specifically health and fitness, swimming, tennis, squash, bowling, handball, racquetball, miniature golf and driving range.
[Added 7-10-1997 by L.L. No. 2-1997]
A small receiver/relay transmitter of not more than 20 watts output designed to extend service to areas which are not able to receive adequate coverage directly from a base station, using the same channels as the base station.
[Added 1-26-1998 by L.L. No. 1-1998]
Radio frequency.
[Added 1-7-1999 by L.L. No. 1-1999]
Written certification, by a professional engineer licensed to practice in the State of New York and specializing in electrical engineering with an expertise in radio communications transmitters and facilities, that:
[Added 1-7-1999 by L.L. No. 1-1999]
The proposed facility operation or device will not exceed the FCC RF Exposure Guidelines (See definition of "FCC RF Exposure Guidelines" in §
180-5).
The proposed facility, operation or device is categorically excluded from routine evaluation for RF exposure by FCC rules, guidelines and procedures and by the procedures set forth in FCC OET Bulletin 65.
If the proposed facility is not categorically excluded from evaluation for RF exposure, the environmental evaluations have been performed, as may be required by the FCC rules, guidelines and procedures and by FCC OET Bulletin 65, and that, if required, compliance with FCC RF Exposure Guidelines has been demonstrated to the FCC.
If the proposed facility is to be located at a site where there are existing or multiple RF emitters (whether due to collocation on a single tower or structure or due to the existence of additional towers on the site at which the facility is to be located), the procedures for evaluating the RF environment of the site and for ensuring compliance with FCC RF Exposure Guidelines as set forth in the FCC rules, regulations and procedures and FCC OET Bulletin 65 have been followed and, if required, compliance has been demonstrated to the FCC.
An establishment where food and drink are prepared, served and consumed within an enclosed building and wherein food is served only to be consumed by customers seated at the tables on the premises.
[Added 8-21-2003 by L.L. No. 2-2003]
Any 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.
A structure or vehicle, whose principal use is the seasonal display and sale of agricultural products grown on the premises and which uses its proximity to a roadway to attract potential customers as permitted by §
180-67 of this chapter.
A group or association of people organized for the purpose of engaging in recreational activities, such as hunting, fishing, target shooting, trapshooting and skeet shooting on a wholly enclosed parcel of land, conducted exclusively by and for club members and their guests, characterized by membership qualifications, payment of fees or dues and a constitution and bylaws. A "rod and gun club" shall not include the operation of a shooting preserve or game or wildlife preserve unless a separate special use permit is issued by the Zoning Board of Appeals for a shooting preserve or a game or wildlife preserve.
[Added 5-4-1995 by L.L. No. 4-1995]
A private hospital, whether or not such a facility is operated for profit.
Any 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.
An educational institution, other than a university or college, giving general academic instruction, which may include structures used for administration, student housing, faculty housing, dining and social and athletic activities, as well as accessory needs.
Same as elementary school, except that secondary education is provided.
Any 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.
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.
A wholly enclosed parcel of land on which domestic game birds, legally possessed or acquired, are released and taken by shooting pursuant to a license issued to the owner or lessee of said parcel by the New York State Department of Environmental Conservation pursuant to Article
11 of the Environmental Conservation Law and/or on which sporting clay activities are conducted. A "shooting preserve" shall not include the operation of a rod and gun club or a game or wildlife preserve unless separate special use permits are issued by the Zoning Board of Appeals for those uses.
[Added 5-4-1995 by L.L. No. 4-1995]
A group of stores, shops, and similar establishments occupying a single structure, or adjoining structures all of which may be deemed one building if designed as an architectural unit.
[Amended 9-3-2009 by L.L. No. 3-2009]
Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of, a person or entity, or to communicate information of any kind to the public.
[Amended 9-3-2009 by L.L. No. 3-2009]
Any sign so constructed as to present moving lights, images or shapes to the viewer.
[Added 9-3-2009 by L.L. No. 3-2009]
An outdoor advertising sign void of advertising or informative content. An "available for lease" or similar message that concerns the availability of the sign itself shall not constitute advertising matter. A sign, whose message has been partially obliterated by the owner so as not to identify a particular product, service or facility, or a sign which advertises an event which is outdated by more than 30 days, shall be treated as a blank sign. An outdoor advertising sign containing a public service message may be recognized as advertising matter, provided the following criteria are met:
[Added 9-3-2009 by L.L. No. 3-2009]
A bona fide public service is referred to;
The entire sign face is covered with the message; and
The sign is professionally prepared or established.
A sign used to direct individuals or the public to specific uses, areas, or places for their safety or convenience on the premises of the business or activity where the sign is located. Does not include billboards or directions to commercial premises or activities.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign attached to and flat against, or painted on, or applied to the exterior main entrance wall, or window of said wall of a business.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign identifying the sale of farm products raised on the premises.
[Amended 9-3-2009 by L.L. No. 3-2009]
Any sign not depending, for its main support, upon a building. A double-faced sign is considered one sign.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign that projects from the exterior of a building or from a covered walkway, including, but not limited to, signs on awnings and canopies.
[Added 9-3-2009 by L.L. No. 3-2009]
Refers to the distance from the average ground level to the top of the sign structure.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign used to identify the individual or organization occupying the premises or the name of the building or structure in connection with which the sign is displayed.
[Amended 9-3-2009 by L.L. No. 3-2009]
A sign which is supported by and integrated with a solid base, as opposed to poles, posts, or other such supports.
[Added 9-3-2009 by L.L. No. 3-2009]
Every sign that, after the adoption of this amendment, does not conform to the standards specified herein for the zone in which it is located or the land or building upon which it is displayed, shall be deemed a nonconforming sign.
[Added 9-3-2009 by L.L. No. 3-2009]
Signs of a directional nature not located on the property on which the business or activity referred to is located. Off-premises signs larger than three square feet in area will be considered to be billboards.
[Added 9-3-2009 by L.L. No. 3-2009]
A pole sign is considered to be a sign that is mounted atop a freestanding pole or poles.
[Added 9-3-2009 by L.L. No. 3-2009]
Any device on wheels or stand that is designed to be easily moved, the purpose of which is to display a sign.
[Added 9-3-2009 by L.L. No. 3-2009]
A display board or structure having characters, letters or illustrations applied thereto or displayed thereon, in any manner not inside a building and includes the posting of an advertisement or notice on a building or structure.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign which prohibits hunting and/or trespassing on the premises at which it is displayed.
[Added 9-3-2009 by L.L. No. 3-2009]
A sign identifying property on which it is located, or a building thereon, as being for sale or for rent.
[Amended 9-3-2009 by L.L. No. 3-2009]
A sign which identifies a residential use of a property, stating the name and/or address of the resident(s).
[Added 9-3-2009 by L.L. No. 3-2009]
A sign erected above the roof line (above coping, eaves, or cornice).
[Added 9-3-2009 by L.L. No. 3-2009]
A sign that identifies or gives direction to an activity or new business and that shall be erected for no more than one month. A sign erected advertising a business activity is not considered a temporary sign. Garage sale signs are acceptable as temporary signs, provided they are erected for no more than one week.
[Added 9-3-2009 by L.L. No. 3-2009]
A temporary sign mounted on the interior of a business in such a way as to be visible from the exterior, primarily intended to advertise the on-premises sales of a product or products.
[Added 9-3-2009 by L.L. No. 3-2009]
A shotgun target-shooting activity in which standard clay targets are thrown from one high tower and one low tower thereby varying the angles of the targets, with five to eight fixed shooting stations and five shooters in a limited area.
[Added 5-4-1995 by L.L. No. 4-1995]
Any device, structure or assembly which converts the energy of the flow of wind into electrical power, including any machinery, tower, support hardware and/or enclosures providing mounting or shelter to any portion of said system.
[Added 7-11-1990 by L.L. No. 1-1990]
A shotgun target-shooting activity utilizing clay targets and more than two trap houses, towers or shooting stations laid out over a course, along a path or paths or on a field and designed to duplicate or simulate actual hunting conditions in which shooters follow the course from station to station.
[Added 5-4-1995 by L.L. No. 4-1995]
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
A building in which horses are kept for remuneration, hire or sale.
An order issued pursuant to §
180-87 of this chapter.
[Added 9-8-2011 by Ord. No. 4-2011]
Land 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.
That part of a building included between any floor, other than a cellar floor, and the floor or roof next above.
Any public way dedicated to public travel, greater than 20 feet in width.
The right-of-way line of a street as indicated by dedication or by deed or record.
The determination that a tower or structure is capable of carrying the load imposed by the proposed new antenna(s) under all reasonably predictable conditions as determined by professional structural engineering analysis.
[Added 1-26-1998 by L.L. No. 1-1998]
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
Any addition to a structure; a change or rearrangement in the structural parts; any change in use from one district classification to another; or removal of a structure from one location to another.
Any 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.
A measurement of the functional service capability of a communications network.
[Added 1-26-1998 by L.L. No. 1-1998]
A building or part of a building devoted to presenting entertainment on a paid admission basis.
Open land with its appurtenant facilities devoted to the showing of motion pictures to patrons seated in automobiles.
A lattice structure or framework, or monopole, that is designed to support personal wireless service or other communications transmission, receiving and/or relaying antennas and/or equipment.
[Added 1-26-1998 by L.L. No. 1-1998]
The Town of North East.
[Added 9-8-2011 by Ord. No. 4-2011]
A vehicle designed exclusively for the transportation of one boat of less than ten-foot beam and twenty-four-foot length.
A 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.
A vehicle, not over 70 square feet in floor area, used for the hauling of cargo.
A shotgun-target shooting activity in which standard clay targets are thrown from a single trap house at a distance of approximately 50 yards and at a constant height, with five fixed shooting stations located approximately 16 yards behind the trap house arrayed in an arc in a limited area.
[Added 5-4-1995 by L.L. No. 4-1995]
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
[Added 9-8-2011 by Ord. No. 4-2011]
The 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.
A 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.
An 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 to the permitted use provisions of this chapter as they apply to the district in which the building, structure or land is located.
A building, or a portion thereof, used for the storage of goods or materials. This definition shall not be deemed to include storage as an accessory use in connection with a permitted principal use on the same property.
[Added 7-10-2003 by L.L. No. 1-2003]
An unoccupied space, open to the sky, on the same lot with a building or structure.
An 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).
An 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.
An 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.
Town of North East Zoning Board of Appeals.
[Added 1-26-1998 by L.L. No. 1-1998]