Northeast Town, NY Zoning Ordinance

Certain words and terms used in this chapter are defined for the purposes thereof as follows:

ACCESSORY BUILDING

See "building, accessory."

ACCESSORY DWELLING UNIT (ADU)

A self-contained dwelling unit accessory to a detached one-family dwelling having its own exterior entrance and which is subordinate to the principal residence, and shares no kitchen, bath facilities, living, or sleeping accommodations with the principal residence. An ADU may be located within or attached to the principal dwelling or within a separate detached (existing or proposed) accessory building elsewhere on the same lot.

ACCESSORY USE OF BUILDING

See "building, accessory use of."

ADAPTIVE REUSE

The process of transforming and repurposing an existing building to suit new functions, often for a different use than its original intended purpose by renovating and/or modifying the building while preserving its architectural integrity and appearance and where pertinent its historic and cultural image and character. Adaptive reuse seeks to address the building's underutilization through a sustainable alternative to demolition.

ADULT DAY CARE CENTER

See "day care center, child or adult."

AGRICULTURE/FARM OPERATION

The growing and harvesting of crops, plants, vines and/or trees, and/or the raising of and caring for domesticated livestock, poultry, and bees, associated with a farm operation for commercial purposes, as those terms are defined in Article 25-AA, § 301 of the New York State Agriculture and Markets Law, as may be amended, including a public stable as defined herein. 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 one-family or two-family dwelling.

AGRICULTURE, ACCESSORY

An agricultural use, in conjunction with and accessory to a principal permitted manufacturing use that is operated by and located on the same lot as the principal manufacturing use.

AGRICULTURE, INDOOR

The commercial growing of agriculture crops, plants, vines, and trees, including by means of hydroponics (the process of growing plants in sand, gravel, or liquid, with added nutrients but without soil) inside a building, including the storing and processing of same inside a building, for wholesale sale and distribution off-premises.

FARM, NURSERY

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.

FARM AND HARVEST FESTIVAL

A special event held by an otherwise permitted "farm operation" 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 operation, such as entertainment, dancing, cultural and educational activities, and food service. It is anticipated that a farm and harvest festival will be designed to attract large numbers of attendees to the farm operation.

FARM EQUIPMENT SALES and RENTAL

The sale and/or rental of equipment, tools, and related supplies for use in agriculture, excluding farm vehicles sales and rental.

FARM STORE

A structure operated as an accessory use to a farm operation, for the sale of agricultural and farm products, as permitted by § 180-68.

FARMERS' MARKET

An occasional use of property and/or buildings and structures where two or more producers of local and regional farm food and beverage products offer those products for direct retail sale to consumers.

ALLEY

A public way with a right-of-way width of 20 feet or less.

ALTERATION OF BUILDING

See "building, alteration of."

ANIMAL HOSPITAL

See "veterinary office/animal hospital."

AREA, BUILDING

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.

AREA, LAND

When referring to the required area per dwelling unit, meaning net land area, the area exclusive of streets and other public open space.

ARTISAN WORKSHOP

A hybrid commercial use where an artisan or craftsman (an individual who practices one of the fine, design, graphic, musical, literary, computer or performing arts, including but not limited to an artist, craftsperson, photographer, woodworker, furniture maker, jewelry maker or similar); or an individual whose profession relies on the application of the above-mentioned skills to produce creative products, produces, repairs, restores, demonstrates the making thereof and/or displays their work, including the ancillary sale of such. Associated temporary outdoor exhibit displays may be accommodated, provided such does not conflict with driveways, parking areas, walkways, site landscaping and buffers, and are respective of applicable minimum yard areas.

BANK

A commercial use in which financial transactions are conducted or wherein professional advice on financial insurance or tax matters is given, including savings and loans, finance companies, insurance and brokerage uses, and tax preparers, but not including same day loans, payday loans, pawn shops or check cashing stores.

BAR or TAVERN

An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises accessory to a Restaurant.

BASEMENT

A part of a building with one or more walls fully or partly underground having less than 1/2 of its headroom (floor to ceiling) below the finished grade measured within six feet of the exterior walls of the building, even if exposed walls have windows or a walkout entrance.

BEVERAGE and LIQUOR STORE

A retail establishment whose primary business is the retail sale of containerized beverages (alcohol and non-alcohol based).

BLOCK

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).

BREW PUB (MICRO BREWER)

A commercial use with a valid "micro brewer" license duly issued by the New York State Liquor Authority for the manufacture, containerization, storage, sale, and distribution of beer it produces on-site, including the sale for on-site consumption of said manufactured beer and any other New York State labeled beer directly to retail consumers.

BUILDING

Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING, ACCESSORY

A building, the use of which is customarily incidental and subordinate to that of a principal building and which is located on the same lot as that occupied by the principal building.

BUILDING, ACCESSORY USE OF

A use customarily incidental and subordinate to the use of a principal building.

BUILDING, ALTERATION OF

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.

BUILDING, HEIGHT OF

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 eave and ridge of a gable, hip, or gambrel roof.

BUILDING LINE, FRONT

The line of that face of a principal building nearest the street line. In the case of a corner lot or a through lot any building line nearest to a street line shall be considered a "front building line."

BUILDING OR STRUCTURE, NONCONFORMING

A building or structure that lawfully existed 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.

BUILDING, PRINCIPAL

A building, including covered porches, in which the principal use of the lot on which it is situated is conducted. In any residence district any dwelling shall be deemed the "principal building" of the lot on which it is situated.

BUILDING AREA

See "area, building."

BUILDING COVERAGE

The percentage of the total area of a lot occupied by the cumulative building area of all buildings and structures on the lot.

BUILDING INSPECTOR

Shall be known as the Code Enforcement Officer appointed pursuant to § 180-83 of this chapter.

BUILDING PERMIT

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.

BUILDING SUPPLY STORE

A retail use supplying tools, equipment, hardware, garden, building and/or lumber materials to contractors and/or the general public, including incidental general repair and installation services related thereto.

BUSINESS OFFICE

See "office, business and professional."

CANNABIS DISPENSARY

A New York State licensed adult-use cannabis retail dispensary in accordance with and subject to Chapter 7-A of the Consolidated Laws of New York, as may be amended, which is authorized to sell cannabis products.

CATERER/COMMERCIAL KITCHEN

(Also known as shared-use kitchen, commissary kitchen, incubator kitchen) A commercial use with a "commercial kitchen" space with a food preparation licensed issued by the Dutchess County Department of Health, in which individuals, caterers, or businesses prepare value-added food products and meals. Such an establishment provides facilities where chefs, bakers, caterers, and other culinary professionals can prepare their goods. Such establishments do not include public facilities for consumption of the food products prepared on the premises.

CEMETERY

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.

CENTER LINE OF STREET RIGHT-OF-WAY

A line midway between and parallel to two opposing street lines of the same street.

CERTIFICATE OF OCCUPANCY

A type of certificate issued pursuant to § 180-88 of this chapter for structures or portions thereof to be occupied by persons.

CERTIFICATE OF USE

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.

CHILD DAY CARE CENTER

See "day care center, child or adult."

CHURCH or OTHER PLACE OF WORSHIP

A facility for an established body organized to sustain faith based and/or religious services on a regular basis, like a church, synagogue, temple, mosque, or other similar facility.

CODE ENFORCEMENT PERSONNEL

The Code Enforcement Officer and all inspectors shall also be known as "Code Enforcement Officers."

COMMUNICATIONS FACILITIES and TOWERS/PERSONAL WIRELESS SERVICE FACILITIES

A site development including but not limited to a lot and/or structure on which antennas or other telecommunications devices are located for television, radio, data, imagery, telephone or other forms of telecommunications and all related structures and improvements necessary for the operation of said facility.

ANTENNA

A device which is attached to a tower or other structure for transmitting or receiving radio or electromagnetic waves.

AVAILABLE SPACE

The space on a tower or structure to which antennas are both structurally and electromagnetically able to be attached.

BASE STATION

The primary sending and receiving site of 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 at the same facility site.

CHANNEL

The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.

COMMUNICATIONS FACILITY

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.

ERP

Effective radiated power.

FACILITY SITE

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.

FCC

Federal Communications Commission; the government agency responsible for regulating telecommunications in the United States.

FCC OET BULLETIN 65

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.

FCC RF EXPOSURE GUIDELINES

The policies, guidelines, requirements and limits with regard to human exposure to radio frequency (RF) fields adopted by the FCC, as the same may be amended or superseded.

GRADE OF SERVICE

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.

MONOPOLE

A single self-supporting vertical pole with no guy wires.

PERSONAL WIRELESS SERVICE FACILITY (PWSF)

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.

PERSONAL WIRELESS SERVICE PROVIDER

An entity licensed by the FCC to provide personal wireless services.

PERSONAL WIRELESS SERVICES

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.

RADIATION PROPAGATION STUDIES OR RADIAL PLOTS

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 considered 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.

REPEATER

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.

Radio frequency.

RF EMISSIONS CERTIFICATION

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:

(1)

The proposed facility, operation or device will not exceed the FCC RF Exposure Guidelines (See definition of "FCC RF exposure guidelines" in this section).

(2)

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.

(3)

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.

(4)

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.

STRUCTURALLY ABLE

The determination that a tower or structure is capable of carrying the load imposed by the proposed new antenna(s) and other associated equipment and components under all reasonably predictable conditions as determined by professional structural engineering analysis.

TOWER

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.

COMPLIANCE ORDER

An order issued by the Code Enforcement Officer pursuant to § 180-97A of this chapter.

CONSTRUCTION, FIRE-RESISTANT

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.

CORNER LOT

See "lot, corner."

COUNTRY INN

The adaptive reuse and rehabilitation of an existing large residential structure maintaining the rural appearance and character of the structure and surrounding area for the purpose of providing service of food and lodging to transient guests.

COURT

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."

CURB LEVEL

The officially established grade of the curb in front of the midpoint of the lot.

DAY CARE CENTER, CHILD or ADULT

A facility, which is licensed or authorized and regulated by the State of New York Department of Social Services or other state agency having jurisdiction, where care is provided for six or more children or three or more adults away from their own homes for more than three hours but less than 24 hours per day per child or adult, in a facility other than the child's or adult's home which is operated for such purposes. The definition of "day care center" shall include, without limitation, qualifying facilities that provide adult or child day care but shall not include a day camp, an after-school program operated for the primary purpose of religious education, sports lessons or recreation, or programs operated by a public or private school.

DORMITORY

A facility used for housing, with or without dining facilities, of students attending a private school as defined herein.

DRIVE-THROUGH

An accessory means of serving establishment patrons via an exterior walk-up or drive-up service window along a side or rear building wall of the interior of the establishment.

DRIVEWAY

Land situated on a lot used or intended to be used to provide street access to it by vehicular traffic.

DUMP

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.

DWELLING

A house or other building designed or used primarily for residential human habitation. The word "dwelling" shall not include tourist homes, mobile homes, motels, hotels, or other structures designed, used or rented for transient habitation. A bus, recreational vehicle or similar vehicle shall not be construed to be a "dwelling unit."

DWELLING, ACCESSORY

A dwelling accessory to a permitted principal use as otherwise permitted and regulated by this chapter.

DWELLING, AFFORDABLE HOUSING

See § 180-72.5.

DWELLING, AGRICULTURE EMPLOYEE

A dwelling to house persons employed in agriculture on the farm where the dwelling is located; such dwelling may be located on an unsubdivided portion of the farm.

DWELLING, ATTACHED

A building containing more than one dwelling unit.

DWELLING, DETACHED

A building containing a single dwelling unit.

DWELLING, MULTIFAMILY

Three or more attached or detached dwelling units on a single lot which may have common and/or shared joint services or facilities, or both, such as common mechanical, storage, parking, external entrances to interior lobby or hall, recreation or similar services or facilities.

DWELLING, MULTIFAMLY (CONVERSION of EXISTING BUILDING)

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.

DWELLING, ONE-FAMILY

A dwelling unit designed, used, and/or occupied for residential purposes by a single family.

DWELLING, RENTAL APARTMENTS ABOVE COMMERCIAL

Studios, one bedroom, two bedroom and three bedroom dwelling unit(s) for rent contained within an upper floor of an existing or proposed commercial use building.

DWELLING, SEMIDETACHED

A detached building containing two one-family dwelling units separated by a party wall, each having one side yard.

DWELLING, TWO-FAMILY

A building on a single lot containing two attached dwelling units for occupancy by two families living independently with the units being side by side or above and under each other and sharing one or more common wall and/or ceiling with no openings.

DWELLING UNIT

One or more rooms designed, occupied, and/or intended for occupancy that contains cooking, sleeping and sanitary facilities.

EARTH MATERIALS

Soil, gravel, stone or rock extracted from the ground.

EDUCATIONAL CENTER

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.

ELECTRIC VEHICLE (EV)

Any vehicle partially or fully powered by electricity for propulsion, including either battery 100% electric vehicles or plug-in hybrid electric vehicles.

ELECTRIC VEHICLE (EV) CHARGING LEVELS

The standardized indicators of electrical power, at which an EV's battery is recharged:

Level 1 is considered slow charging, taking approximately 40 to 50 hours to charge.

Level 2 is considered medium charging, taking approximately four to 10 hours to charge.

Level 3 is considered fast or rapid charging, taking less than 60 minutes to charge.

ELECTRIC VEHICLE (EV) CHARGING STATION

Battery charging equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle (EV) while parked.

ELECTRIC VEHICLE (EV) PARKING SPACE

A dedicated electric vehicle parking space accessible to an EV charging station.

ELECTRIC VEHICLE (EV) READY PARKING SPACE

A parking space with installed electric panel capacity and raceway (conduit) sufficient to accommodate the installation of future hardware capable of supporting an EV charging station serving such parking space.

ENERGY CODE

The State Energy Conservation Construction Code currently in effect and hereafter as amended from time to time.

FACADE

The face of building wall, which generally corresponds to the height and width of the interior spaces.

FAMILY

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 staff and occasional, nonpaying visiting 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.

FAMILY CARE HOME

A facility certified by the State of New York to care for individuals with intellectual and/or developmental disabilities. 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.

FAMILY DAY CARE HOME

Programed care for a child for more than three hours per day per child in which child day care is provided in a family home by the resident occupant serving between three to six children, or up to eight children if two are school-age and only attend when school is not in session.

FAMILY-TYPE HOME FOR ADULTS

A facility licensed by the State of New York to operate an adult care facility established and operated for the purpose of providing long-term residential care, room, board and personal care, and/or supervision to four or fewer adult persons unrelated to the operator in the operator's residence.

FLOODPLAIN

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, as may be amended from time to time.

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 the exterior faces of walls.

FLOOR AREA RATIO

The gross floor area of a building, divided by the area of the lot upon which it is located.

FUNERAL HOME

A commercial use in which deceased persons are prepared (not including crematory services) for burial, including facilities for the arrangement and conduct of funeral services, as well as the display and sale of funeral merchandise.

FURNITURE STORE, NEW and USED

A retail use selling new and/or used furniture, rugs, household goods, lighting, and other household decorative items.

GALLERY

A use displaying works made by artisans and craftsman (an individual who practices one of the fine, design, graphic, musical, literary, computer or performing arts, including but not limited to an artist, craftsperson, photographer, woodworker, furniture maker, jewelry maker or similar), including the sale of such. Associated temporary outdoor exhibit displays may be accommodated, provided such does not conflict with driveways, parking areas, walkways, site landscaping and buffers, and are respective of applicable minimum yard areas.

GARDEN CENTER RETAIL

A retail use primarily engaged in the selling of horticultural, nursery and residential gardening materials, supplies, tools, equipment and similar related products, including but not limited to the inside and outside growing, cultivation and sale of garden plants, flowers, trees, shrubs and garden materials such as mulch, stone, peat moss, seed and similar.

GAS STATION/GAS STATION with CONVENIENCE STORE

A commercial use for the retail sale and dispensing of gasoline or other combustible motor vehicle fuels via outdoor dispensers, excluding the repair or servicing of motor vehicles, in combination with a retail establishment, commonly known as a convenience store.

GENERAL MERCHANDISE RETAIL

A retail use engaged in the selling of goods, wares, packaged foods and beverages, merchandise or similar directly to the ultimate consumer for immediate purchase and off-premises personal use or household consumption, and/or rendering services incidental to the sale of such, from within an enclosed building. Such use may also include retail sales via mail order, online or phone but these sales shall not be the primary business operation.

GENERAL MERCHANDISE RETAIL, ONLINE CALL CENTER

A general merchandise retailer, exclusively selling via mail order, online or phone and which does not include a storefront for interaction with walk-in patrons.

GENERAL REPAIR BUSINESS

A commercial use that provides repair services to the general public for household appliances, computers, furniture, etc. No outdoor display or storage of products shall be permitted.

GOLF COURSE

An outdoor recreation use developed in accordance with the standards of the United States Golf Association (USGA) for the play over nine or 18 regulation, executive or par three holes of the game of golf, each including a tee, fairway and putting green and often one or more natural or artificial hazards. A golf course may or may not be a component of a Membership Organization as defined herein.

GRADE, ESTABLISHED

The elevation of the center line of a street officially established by a municipal, county or state highway authority.

GRADE, FINISHED

The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

GROCERY STORE

A retail use where 80% or more of the floor area is devoted to the sale of consumer processed, prepackaged and perishable food products (a minimum of 30% of the floor area shall be devoted to perishable food products) for home preparation and consumption, but where other typical home and personal care products may also be sold.

GROUP FAMILY DAY CARE HOME

Programed care for a child for more than three hours per day per child in a private family home for seven to 12 children of all ages. A group family day care program may provide child day care services to four additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session.

HEIGHT OF BUILDING

See "building, height of."

HIGHWAY, ARTERIAL

For the purposes of the Zoning Code of the Town of North East, Routes 22, 44, and 199 are considered arterial highways.

HISTORIC DISTRICT

A group of buildings, properties, or sites that have been designated by the United States of America, New York State, the Town of North East or the Village of Millerton as historically or architecturally significant.

HOME OCCUPATION

An accessory non-residential use located on the premises of a residence not otherwise permitted in residential districts, which is clearly incidental and subordinate to the residential use of the property and conducted by the resident occupants.

HOTEL

A commercial use providing for a fee, short-term (less than 30 consecutive days) transient lodging accommodations (housekeeping service, furnishing and upkeep of furniture, bed and bath linens and supplies, telephone, television, internet and similar) to the general public where access to all guest rooms is from interior lobbies, courts or hallways, may include incidental accessory facilities and services such as restaurants, meeting rooms, sundry retail goods, and recreational facilities primarily serving the transient guests of the hotel.

IMPERVIOUS

Surfaces that do not readily absorb water, including but not limited to buildings, structures, roads, driveways, sidewalks and other paved areas of asphalt, concrete, pavers, brick, stone, block, gravel, manufactured surfaces and similar.

INDOOR RECREATION

A commercial use providing indoor (inside a building) facilities for recreational activities, health and fitness activities, sports, sports training, swimming, bowling, or similar activities, including related instruction, for a fee, with or without membership. This use may include accessory sales of apparel and sports-related items in an area covering no more than 5% of the principal floor area.

INSPECTOR

An inspector appointed pursuant to § 180-83D of this chapter.

INSTRUCTIONAL RETAIL

A retail use offering for a fee, personal or group lessons of specified instruction in a specific field, artistic endeavor, or other specialized form of expression, such as dance, painting, glass, music, learning support, martial arts or similar; or supported self-application in the creation of an artistic endeavor such as candle making, glazing of pottery, canvas painting, or similar craft activities.

INTERIOR LOT

See "lot, interior."

JUNKYARD - Prohibited Use per §

180-13

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, except as otherwise permitted with a motor vehicle repair shop or motor vehicle body shop.

KENNEL

Any establishment, including cages, dog runs and structures, wherein more than four dogs which are over six months old are harbored.

LAND AREA

See "area, land."

LAUNDRY (SELF or FULL SERVICE)

A commercial use providing laundry and/or dry-cleaning services, including temporary and temperature-controlled storage of clothing articles, or equipped with individual clothes washing and drying and/or cleaning machines for the principal use of retail customers, including drop-off and pick-up facilities with or without such equipment.

LIGHT INDUSTRY

A commercial use conducted entirely within an enclosed building, including accessory offices, engaged in the assembly, fabrication, manufacture, packaging and incidental storage of products made predominantly from previously made parts, pieces and materials not made on-site, as well as the research and development of said products, which results in little or no impact on the natural environment and so that noise, odor, dust and glare of such operations are completely confined within the building. Such use does not include concrete and asphalt batch plants; slaughter plants, packing houses, animal by-products rendering, and other such animal processing activities; processing or production of oil, natural gas, geothermal resources or other hydrocarbons; foundries; medical, biological or hazardous materials facilities; bulk chemicals; explosives; sulfuric, sulfurous, nitric or hydrofluoric acids; pesticides, insecticides and herbicides; on-site sale to the general public; or any prohibited use as set forth in this chapter.

LIGHTING

Man-made illumination and the equipment used to produce it, including associated components as defined and regulated by this chapter.

AVERAGE FOOTCANDLES

The average level of illuminance for a given area measured at ground level with a light meter placed parallel to the ground.

BUG RATING

An IESNA rating system of the backlight, uplight and glare (forward) light distribution of an outdoor light fixture.

COLOR RENDERING INDEX (CRI)

Number from 0 to 100, representing the ability of a light source to accurately reproduce the colors of an illuminated object. Higher index numbers indicate greater accuracy.

CORRELATED COLOR TEMPERATURE (CCT)

The perceived color of the light emitted by a lamp, expressed in kelvin (K) units (temperature scale measurement used to characterize the color of light emitted by a lamp). The lower the kelvin rating, the "warmer" or more yellow the light; the higher the rating, the "cooler" or more blue the light.

DARK SKY LIGHTING

Lighting that is fixed, full-cutoff and aimed straight downward (does not emit any light above the horizontal plane) and employs warm-toned (2,700 Kelvin and lower) light sources.

ESSENTIAL LIGHTING

Light used for a specified period of time that is necessary for a specific purpose while said purpose is actively being served. This includes lighting that is necessary to promote location identification, public circulation, public safety, and fully shielded security lighting.

EXCESSIVE LIGHTING

Light that exceeds the amount that is needed to perform a visual task at night or is required for safety.

FIXED

A light fixture whose means of support (pole, arm or other) or mounting is not adjustable but rather the angle and direction of the light emitting part or reflectors and lenses, if any, are incapable of being adjusted once the fixture has been installed, so the direction of light cannot be moved or repositioned.

FIXTURE

The complete lighting assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, starter and/or photo control, and/or a refractor or lens; also referred to as a "luminaire."

FLOOD- OR SPOTLIGHT

Any light fixture or lamp that incorporates a reflector, a refractor, or a prismatic lens to concentrate the light output into a directed beam in a particular direction.

FLUORESCENT

A type of discharge lamp that employs mercury vapor and phosphors.

FOOTCANDLE

The unit of measurement used to quantify the amount of light falling on a surface. One footcandle is the amount of illuminance produced to saturate a surface one foot square with one lumen of light from a distance of one foot.

FULL CUTOFF

A light fixture which delivers 100% of the total lumens within the 0° to 90° zone with a maximum of 10% of total lumens delivered within the 80° to 90° zone. Full cutoff fixtures are considered fully shielded (see figure).

FULLY SHIELDED

A fixture constructed and installed in a fixed position and in such a manner that all light emitted is projected below the horizontal plane through the fixture's lowest light-emitting part (see illustrative figure). Unlike a full-cutoff fixture, a fully shielded fixture is not engineered to limit lumen distribution in the 80° to 90° zone. A fully shielded fixture has a maximum BUG Uplight rating of zero and Backlighting and Glare rating as close to zero but not exceeding three.

GAS DISCHARGE or HIGH-INTENSITY DISCHARGE (HID) LIGHTING

A light source consisting of any type of gas discharge lamp, including but not limited to mercury vapor (MV) lamps (a type of high-intensity discharge lamp that uses mercury as the primary light-producing element), metal-halide lamps (a type of high-intensity discharge lamp that uses mercury and several halide additives as light-producing elements), and high or low-pressure sodium lamps (a type of discharge lamp that primarily employs sodium).

GLARE

A visual effect produced when a "light source" within the field of view is brighter than the level to which the eyes are adapted. Glare may cause annoyance, discomfort, loss of visual acuity, or momentary blindness. Note: This is not synonymous with the term "glare" as used regarding "BUG Rating" defined above.

HOLIDAY LIGHTING

Temporary low voltage decoration lighting of various types and colors installed in connection with federal, state and local holidays or religious holiday observances, provided illumination of such is limited to a reasonable time period associated with the duration of the related holiday and removed thereafter.

ILLUMINANCE

The amount of light falling on a surface, measured in footcandles (lumens per square foot).

LAMP

A light bulb or other component of a fixture that changes electricity into visible light.

LAMP TYPE

The category to which a lamp belongs is by virtue of the process by which it produces light. The principal categories are incandescent, fluorescent, low-pressure sodium, high-intensity discharge (HID) (which includes high-pressure sodium, metal halide, and mercury vapor), and LED (light-emitting diode). The categories vary in terms of:

(1)

Efficiency, as in the amount of light output (lumens) per watt consumed.

(2)

Lamp life.

(3)

The color of the light emitted (Correlated Color Temperature).

(4)

The accuracy with which colors of an illuminated object are reproduced (Color Rendering Index).

LED (Light-Emitting Diode)

A semiconductor device that emits visible light when electrical current passes through it. As a result of its efficient nature, LED lights can produce more light using less energy.

LIGHT LEVEL

The illuminance measured by a light meter or reported in photometric calculations. Light levels are indicated in footcandle measurements and may also be expressed as uniformity ratios, maximum or average to minimum.

LIGHT POLLUTION

Any adverse effect of artificial light including, but not limited to, glare, light trespass, skyglow, visual clutter, nuisance lighting, nonessential lighting, excessive or unnecessary lighting, or any artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to the natural environment.

LIGHT SOURCE

The light-emitting part or parts of a light fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light.

LIGHT TRESPASS

Light projected onto an abutting property or into the public right-of-way from a light source on a different property.

LUMEN

The unit of measurement used to quantify the amount of light produced by a lamp or emitted from a fixture (as distinct from "watt," which is a measurement of the electrical power). Measurements in lumens shall refer to "initial lamp lumens" (as opposed to "maintained lamp lumens") as rated by the manufacturer when the lamp is new, as listed on the packaging.

AA.

LUMINAIRE

See "fixture."

BB.

MOUNTING HEIGHT

For freestanding lights, the vertical distance measured from the average elevation of the existing natural grade or average elevation of the approved grade (if cut/fill activities are proposed) to the lowest light-emitting part of the freestanding light. For building and structure mounted lights, the vertical distance measured from the area to be lit directly below the fixture to the lowest light-emitting point on the light fixture.

CC.

NONCONFORMING LIGHTING

Lighting which does not meet the requirements and specifications contained in this chapter but was legally existing at the time that this chapter or any amendment thereto became effective.

DD.

NONESSENTIAL LIGHTING

Unnecessary lighting for pedestrian passage or other tasks (i.e., decorative and landscape lighting, excessive, over lighting, over-illumination, more light than is needed for a specific task or environment). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall mounted perimeter lights after business hours).

EE.

NON-RESIDENTIAL LIGHTING

Any outdoor lighting intended for use on a lot with a business (except home occupation and agriculture), industrial, institutional use, or multifamily residential (or, if undeveloped, is zoned for such use).

FF.

NUISANCE LIGHTING

Any outdoor lighting that creates a potential hazard to the public or light trespass or glare to neighboring properties, thereby causing loss of enjoyment, comfort, or repose. Such lighting is not necessarily protected if it was legally installed prior to the adoption of this definition.

GG.

OUTDOOR LIGHTING

Lighting that provides illumination to a surface, building, structure, device, or other outdoor features. Any fixture located indoors that is intended to illuminate something outdoors such as to call attention to the premises as viewed from the outdoors is considered outdoor lighting for the purposes of this chapter.

HH.

PHOTOMETRIC(S) or PHOTOMETRY

A map plotting of light distribution and performance of a fixture, including but not limited to showing graphically and in tables candlepower distribution data, cutoff, or other light distribution classification, footcandle chart, etc. specific to the light fixtures existing or proposed for a site.

II.

REPAIR

Any service normally provided to a light fixture or lighting installation, including replacement, modification, or relocation of any of the following: poles, mounting arms, wiring, housings, or any component within or attached to a light fixture. Replacement of a user-serviceable lamp (i.e., light bulb) shall not by itself be considered a repair.

JJ.

RESIDENTIAL LIGHTING

Any outdoor lighting on a lot having a structure or structures whose principal use is agriculture and/or residential (or, if undeveloped, is zoned for such use), excluding multifamily residential.

KK.

SEARCHLIGHT

Lighting designed to project a high-intensity beam of light that is typically used to sweep the sky for promotional purposes.

LL.

SENSOR (MOTION)

A device that causes a light fixture to turn on or off in response to motion or light, infrared radiation, or a combination thereof.

MM.

SHIELD or SHIELDED

An opaque device that is attached to a light fixture to prevent light from being emitted in certain directions, including auxiliary "back" or "house-side" shielding added to an already fully shielded fixture to help limit trespass where a fixture is located near a property line.

NN.

SKYGLOW

The brightening of the night sky or the overhead glow from artificial light that is directed upward or from light reflected upward from the ground or off other surfaces. Skyglow is caused by the reflection of light off moisture and dust particles in the atmosphere, reducing the ability to view the natural night sky.

OO.

STREETLIGHTING

Permanent outdoor lighting that is owned and maintained by a municipality or other public utility and that is specifically intended to illuminate streets for automotive vehicles and may also incidentally light sidewalks and private property.

PP.

TEMPORARY LIGHTING

Lighting which is intended to be used for a specified purpose and for a limited time and is removed thereafter.

QQ.

UNIFORMITY RATIO

A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum to minimum illuminance or the average to minimum illuminance.

RR.

UNSHIELDED

A fixture designed or installed so that it is not fully shielded, i.e., emits light above the lowest light-emitting part of the fixture.

SS.

WATT

The standard unit of measurement of electrical power. Incandescent lamps are typically specified in terms of watts; however, watt is not a unit of measure for light output.

LIQUOR STORE

See "beverage and liquor stores."

LOT

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.

LOT, CORNER

A lot fronting on two or more intersecting streets.

LOT, INTERIOR

A lot other than a corner lot.

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA

The cumulative area of the horizontal plane bounded by the front, side, and rear property lines of a lot.

LOT DEPTH

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.

LOT LINES

The lines that bound a lot as defined herein.

LOT OF RECORD

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.

LOT WIDTH

The distance between the side lot lines measured along the front building line as determined by the front yard requirement prescribed by this chapter.

MAKERSPACE

A collaborative indoor workspace for making, learning, exploring, and sharing with a hands-on focus and creation of technology, art and/or practical construction of objects, software, and media. Makerspaces may also provide facilities for do-it-yourself repairs of various types of devices, providing access to a variety of tools and equipment to facilitate same. Makerspaces help prepare a person with skills in the fields of science, technology, engineering, and math (STEM) by providing hands on learning, help with critical thinking skills, and the boosting of self-confidence. Some examples of the skills that are learned in a makerspace pertain to electronics, 3D printing, 3D modeling, coding, robotics, woodworking or similar.

MANUFACTURED HOME

A free-standing dwelling unit that is placed or assembled on-site from prefabricated components and attached to a foundation and is constructed in accordance with federal and state manufactured home construction and safety standards and regulations in effect at the time of construction.

MEAN HIGH-WATER LINE

Refers to the line on a streambank, pond or lake shore that denotes a long-trending high-water mark. The line or high-water mark is identified by the upper limit of bare soil, a change in vegetation, a line of deposited debris or a combination of such features.

MEDICAL and/or DENTAL OFFICE

See "office."

MEDICAL CLINIC

A medical use licensed by the State of New York, providing same day primary medical care and treatment involving outpatient surgical procedures not requiring hospitalization, excluding drug and alcohol dependency treatment.

MEDICAL RADIOLOGY/DIAGNOSTICS LAB

A medical use, licensed by the State of New York, providing out-patient health and medical diagnostic services to the general public on a walk-in or licensed medical physician basis; may also be accessory to a pharmacy or medical clinic.

MEMBERSHIP ORGANIZATION

An association of persons forming a private membership corporation, registered under the Corporation Law of the State of New York as a not-for-profit organization, with bona fide dues-paying members, where the members of the facility financially control its assets and management. Premises of the organization are devoted solely to their use by organization members and their guests for charitable, fraternal, recreational, social, or cultural purposes pursuant to a common interest or activity, not extended to the general public or for pecuniary gain.

MIXED USE

Development of property with uses and buildings that combine multiple functional areas or uses containing both residential and non-residential floor space conceived and designed as a single environment (building or complex) in which both residential and non-residential amenities are provided, and site infrastructure is shared.

MOBILE FOOD VENDOR (aka Food Truck)

Any vehicle or conveyance-mounted unit, cart, trailer, kiosk or other similar apparatus, used to store, prepare, display or serve food and/or beverages, sited on public or private property for a limited duration. A mobile food vendor shall be mounted on wheels or other method of moveable design and must be readily moveable. If the operation is not immediately mobile, it shall be considered a "building" or "structure" and shall be required to comply with applicable regulations for such.

MOBILE HOME

A movable or portable unit (constructed before 1976) without a permanent foundation designed and constructed to be towed on its own chassis, comprised of frame and wheels. The unit is designed to be connected to utilities and provide year-round living. A unit may contain parts that may be folded, collapsed, or telescoped when being towed and expanded later to provide additional interior cubic capacity. It may also consist of two or more separately portable components, designed to be joined into one integral unit capable of being again separated into the components for repeated portability.

MOBILE HOME PARK

Any lot on which two or more mobile homes are located, regardless of whether or not a charge is made for such accommodation.

MOTOR VEHICLE

Automobiles, trucks, boats, motorcycles, cargo and other vehicle trailers, recreation vehicles, farm vehicles, or similar motorized vehicles (does not include motorized bicycles).

MOTOR VEHICLE BODY SHOP

A motor vehicle repair shop providing collision repair services, including body and frame straightening, replacement of damaged body and frame parts, and painting.

MOTOR VEHICLE REPAIR SHOP

A retail use providing services for the general repair and routine maintenance of motor vehicles, including the ancillary sale of motor vehicle replacement items and accessories such as tires, batteries, belts, windshield wipers, automotive accessories or similar, but excluding painting, chroming, fabrication, and body work.

MOTOR VEHICLE SALES and RENTALS

A retail use for the sale and/or rental of new and/or used motor vehicles, including the incidental storage and/or display of such motor vehicles in an indoor showroom and/or a designated and approved outdoor area (not within driveways, travel lanes or minimum required yard areas) in conjunction with the sales or rental activities, excluding sale and rental of farm equipment and farm vehicles.

MOTOR VEHICLE, ELECTRIC

See "electric vehicle (EV)."

MUNICIPAL USES - TOWN OF NORTH EAST FACILITIES

Buildings, structures and land uses owned, leased or otherwise under the control of the Town of North East, Dutchess County, New York State, or the federal Government.

MUSEUM

A primarily indoor use operated as a repository and/or exhibit for a collection of literary, historical, natural or scientific curiosities or objects of interest, or works of art, and arranged, intended and designed to be used by members of the public for viewing, with or without an admission charge. A museum may also include space for the holding of meetings or seminars in the promotion and education of the exhibited items, as well as limited accessory sale of related materials contained in an area not exceeding 5% of the gross floor area of the principal building (specifically excluding the regular sale or distribution of the objects collected or exhibited). Associated temporary outdoor exhibit displays may be accommodated, provided such does not conflict with driveways, parking areas, walkways, site landscaping and buffers, and are respective of applicable minimum yard areas.

NATURE PRESERVE

See "wildlife or nature preserve."

NONCONFORMING BUILDING OR STRUCTURE

See "building or structure, nonconforming."

NONCONFORMING LOT

A lot that lawfully existed prior to and at the time of the adoption or amendment of this chapter, which because of its inherent configuration or land conditions does not conform with the provisions of this chapter or amendment for the district in which such lot is located.

NONCONFORMING USE

A use or activity that was lawful prior to the adoption or amendment of this chapter but that fails by reason of such adoption or amendment to conform to the present requirements of this chapter.

NURSING HOME

A New York State licensed public or private residential facility providing a high level of skilled long-term personal and nursing care and services for persons (such as the aged or the chronically ill) who are unable to care for themselves.

OCCUPANCY

The utilization of a building, structure, or land.

OCCUPANCY, SEASONAL

Occupancy for a period not exceeding four months during a single calendar year.

OFF-STREET LOADING

An approved designated area located on a lot, separate from a street, for the loading and unloading of goods, materials, or cargo from vehicles, including space for maneuvering vehicles for loading/unloading. See also § 180-50 of these regulations.

OFF-STREET PARKING

An approved designated area located on a lot, separate from a street, for the controlled parking of vehicles, including space for maneuvering of vehicles in and out of a parking space. See also § 180-50 of these regulations.

OFFICE

A room or group of rooms in a building in which the affairs of a business, professional, service industry or a public institution are conducted, typically furnished with desks, tables, chairs, files, computers, telephones, and other related equipment.

OFFICE, BUSINESS and PROFESSIONAL

An office located entirely within an enclosed building or portion thereof utilized for the day-to-day transactions of the business, as well as executive/management, organizational, administrative and/or clerical functions of an agency, licensed professional, business, or organization, including Internet or phone sales offices.

OFFICE, MEDICAL and/or DENTAL

An office for New York State licensed physicians, dentists or other licensed medical practitioners for the examination and treatment of persons solely on an out-patient basis, including urgent care facilities but not including medical clinics.

OFFICE, TRADESMAN (and WORKSHOP)

The office and/or workshop of an electrician, plumber, painter, carpenter, general building contractor, heating/ventilating/air-conditioning contractors, refrigeration contractors, roofing contractors, and other such construction occupations. This use may include an ancillary display showroom contained in an area not exceeding 5% of the gross floor area of the principal building, as well as indoor and outdoor vehicle parking, and storage of materials, equipment and supplies within a building. The definition of "tradesman office and workshop" does not include vehicle fueling facilities; storage yards; waste/refuse haulers; or haulers of chemical, flammable or hazardous materials.

OFFICE BUILDING

A building consisting of one or more offices.

OFFICIAL MAP, TOWN

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.

OPEN SPACE

An unoccupied space, open to the sky, required by the terms of this chapter.

OPEN STORAGE

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.

OUTDOOR DINING

An approved open or covered but otherwise contained and protected outdoor area with tables and seating for the consumption of food and beverages in conjunction with and accessory to a principal permitted restaurant use, operated, and located on the same lot and which functions in coordination with the interior of the principal restaurant use.

OUTDOOR PLAY EQUIPMENT and ACCESSORY SHEDS SALES

A retail use providing for the outdoor and/or indoor display and retail sale of accessory outdoor amenities such as playground equipment, sheds, pavilions, pergolas, awnings, chicken coops, outdoor kitchen components, trampolines, basketball hoops, and outdoor fire features, including the offering of incidental installation services.

OUTDOOR RECREATION COMMERCIAL

A commercial use providing outdoor facilities for recreational activities for a fee, with or without membership requirements, excluding any motorized vehicle activities or shooting activities.

OUTDOOR RECREATION PASSIVE

An outdoor use providing recreational activities which result in minor environmentally intrusive use of land such as picnicking, walking, biking, horse, and hiking trails, cross-country skiing, natural pond or lake swimming, fishing, ice skating and non-motorized boating, bird and nature observation, educational study and exploration activities, or similar social and leisure activities, which may or may not be provided for a fee.

PARKING SPACE

See § 180-50.

PERMIT HOLDER

The person to whom a building permit has been issued.

PERSON

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.

PERSONAL SERVICE BUSINESS

A commercial use primarily engaged in the rendering of specialized retail services within a building involving non-medical care and individual needs of a person or their apparel, including but not limited to, hair and/or nail salons, tailor, shoe repair, or similar, as well as the incidental retail sale of related products, goods, and merchandise.

PET GROOMING BUSINESS

A retail use providing non-medical personal care services to domesticated pets, not including boarding.

PHARMACY

A retail use primarily engaged in the dispensing and selling of medicinal physician prescribed drugs, as well as the sale of over-the-counter non-prescribed medicines and medical devices, including ancillary sale of other non-medical products and merchandise.

PORCH, OPEN

A structure with a roof but unenclosed by walls or permanent or detachable glass windows (not including wire screening) on one or more sides. A structure such as a porte-cochere having a driveway running to it, under it or through it, shall not be considered an "open porch."

PRINCIPAL BUILDING

See "building, principal."

PRIVATE STABLE

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

PROCESSING (of Earth Materials)

Operations used to prepare, transform, mix or otherwise change the qualities or size of earth materials from a raw-natural state into other earth materials based finished products.

PROFESSIONAL OFFICE

See "office, business and professional."

PUBLIC PARK

A public recreation center or area and other public areas created, established, designated, maintained, provided, or set aside, by a public entity, for the purposes of public rest, play, active or passive recreation, enjoyment or assembly, and all buildings, facilities and structures located thereon or therein.

PUBLIC UTILITY FACILITY and/or SUBSTATION

A facility, substation or other installation owned or operated by a public utility company consisting of any person, firm, corporation or governmental agency duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage disposal and treatment, steam, cable or communication service. This definition shall not bestow any special status or standing not already provided by state or federal law.

QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING - Prohibited Use per §

180-13

A lot or land or part thereof used for the purpose of removing overburden to extract minerals, clay, stone, sand, gravel, other naturally occurring aggregate deposits or topsoil for sale, which shall be considered as an industrial commercial operation, excluding incidental land preparation excavation and/or filling activities pursuant to an otherwise approved subdivision, site plan, special permit and/or building permit.

RECREATIONAL VEHICLE (RV)

A vehicle built on a chassis, with or without motive power, designed for human occupancy as a self-contained, living quarters for temporary recreational, seasonal, or emergency purposes.

RECTORY/PARISH HOUSE

A single-family dwelling accessory to and on the same lot as permitted church or place of worship.

RESTAURANT

A use engaged in the sale of food and beverages, primarily consisting of on-site prepared meals and beverages, ordered from individual menus, served by waitstaff in a ready-to-consume state, and where customers consume the food and beverages while seated at tables or counters located within the building or approved outdoor dining areas. Such establishments may offer take-out, delivery, live entertainment, and catering services, which if provided, are ancillary to the overall establishment business.

RESTAURANT, TAKE-OUT

A commercial use where food and beverages are quickly prepared and sold at retail primarily to patrons at a counter, take-out window, or drive-through window within an enclosed building for primarily off-premises consumption, and where the establishment includes no more than 16 patron seats (total indoors and outdoors).

RETAIL BAKERY/SPECIALTY FOODS

A retail food use that primarily produces and sells a specific type of food type or category (e.g., baked cakes, cookies, bread; fresh fish; produce; cheese; etc.), which may include an accessory wholesale component.

RIDING ACADEMY

Any establishment where horses are kept for riding, driving, lessons, or stabling for compensation or incidental to the operation of any membership club or association.

ROADSIDE FARM STAND

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.

SCHOOL

An institution for the teaching of children and adults (K-12), including public and private preschool, nursery, elementary, secondary (middle schools), high school, and vocational and trade schools, providing full time instruction with an educational curriculum which meets, operates, and is accredited under the requirements of the laws of the State of New York.

SCHOOL, PRESCHOOL

A school that provides early education to children before they begin compulsory education at primary school.

SCHOOL, PRIVATE

A school operated by a private entity, which may include structures used for administration, student housing, faculty housing, dining, and social and athletic activities, as well as accessory needs. Does not include a college or university of higher learning.

SCHOOL, VOCATIONAL/TRADE

A school offering 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 to such trade or vocation meeting the requirements for a vocational/trade school education as defined by the State of New York.

SEWER, PUBLIC

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.

SHOOTING RANGE - Prohibited Use per §

180-13

An indoor and/or outdoor facility or area designed for the practice, training, or competition of shooting firearms, archery equipment, or other weapons. Shooting ranges are also known as firing ranges, gun ranges, or shooting grounds, including but not limited to sport shooting, target shooting, trapshooting, skeet shooting or similar.

SIGN

Any surface or device containing a display of lettering, words, images, logos, insignia, trademarks, emblems, symbols, or similar graphic illustrations for the purpose of conveying or bringing the subject thereof to the attention of the public through the communication of such visual message (announcement, statement, instruction, direction, advertisement).

BILLBOARD SIGN (Off-Premises Sign)

A sign other than a temporary sign as may be permitted by § 180-55F of this chapter that identifies or communicates a commercial or non-commercial message related to a person, place, thing, entity, activity, event, entertainment, attraction, business, service, or commodity conducted, provided, or sold at a location other than where the sign is located.

BUILDING SIGN

A sign attached to the wall of a building or structure, including a sign painted directly on the principal facade, a sign mounted parallel to the principal facade, a sign mounted and projecting perpendicular to the principal facade, or a sign mounted and hanging from a porch or other soffit relating to the principal facade. Building Signs include the following types:

(1)

CANOPY, AWNING or MARQUEE SIGN

A sign that is an integral part of or attached to a roof-like structure, canopy, awning and consisting of fabric, plastic, or other constructed materials forming a structural protective cover typically over a door, entrance, window, outdoor service area (such as gas station pump canopies), or simply attached and protruding outward from a building.

(2)

HANGING SIGN

A sign attached to a building or structure suspended from an architectural feature such as the underside of a soffit, roof overhang or porch ceiling, and which provides adequate clearance below for the location where mounted (at least a clearance of seven feet in locations associated with pedestrians).

(3)

PAINTED SIGN

A sign painted directly on the wall of a building, including a sign painted or etched on a glass window surface other than for an incidental purpose.

(4)

PROJECTING SIGN

A sign attached perpendicular to a wall of a building or structure with a gap distance between the wall and the sign being no greater than six inches beyond the surface to which it is affixed.

(5)

WALL SIGN

A sign (including individually mounted letters) with its rear face mounted flush directly on a building wall and no part or component of the sign shall extend greater than six inches outward.

CONSTRUCTION SIGN

A temporary sign erected on the premises on which construction or substantial repair services are taking place, restricted solely to the period of such activity.

ELECTRONIC MESSAGE DISPLAY SIGN

An electrically activated changeable sign where the variable message capability can be electronically programmed.

FLAG SIGN

Any fabric, banner or bunting containing distinctive colors, patterns, or symbols (such does not include the flag or insignia of any nation or of any governmental agency).

FREESTANDING SIGN

A sign anchored directly to the ground or above ground base, or supported by one or more posts, poles, columns, or other vertical structures or supports, and not attached to or dependent for support from any building or other structure. Freestanding signs include the following types:

(1)

MONUMENT SIGN

A freestanding sign supported by and extending from a base structure of generally the same width placed on and anchored into the ground, independent from any building or other structure. If mounting poles, columns, or other such posts are included extending from the base, the separation distance between the bottom of the sign board and the top of the base, or between any side of the sign board and any poles, columns, or posts, shall not exceed eight inches.

(2)

POLE or POST SIGN

A freestanding sign with a height greater than three feet supported by one or more vertical poles, posts, columns, or similar support structure anchored onto or into the ground.

INCIDENTAL SIGN

A sign, within a property and not necessarily visible from any public street, used to provide public safety and internal circulation directions or regulatory guidance, including window signs. The following are examples of incidental signs:

(1)

DIRECTIONAL SIGN

An incidental sign that solely provides directions for public safety purposes directing internal pedestrian and vehicular movement within a property such as site internal traffic signs, vehicular circulation signs, and pedestrian crossing signs located on the premises.

(2)

FUEL PUMP PRICING SIGN

An incidental sign required by federal/state law or regulations specific to a commercial gasoline fuel pump dispenser.

(3)

REGULATORY SIGN

An incidental sign that is specifically required by federal/state or local law, ordinance, or regulations.

(4)

TRAFFIC CONTROL SIGN

An incidental sign consisting of an official governmental required sign indicating or directing the required conduct of vehicular and pedestrian traffic movements along streets and at intersections of streets and/or streets and private driveways.

(5)

WINDOW SIGN

An incidental sign fastened, etched, attached, or otherwise mounted to or hanging within view from the exterior of a building or structure and intended to be read from the exterior of a building or structure. Graphics in connection with customary window display of products are not considered a window sign.

PROHIBITED SIGN

Any sign not specifically permitted by this chapter, including and in addition to those signs specifically listed and defined as prohibited in § 180-55D of this chapter.

ROOF SIGN

A sign attached to, resting on, or extending over any portion of a roof of a building or structure.

SIGN AREA

The gross area of a sign measured according to the standards in this chapter.

SIGN COPY

The combination of lettering, words, images, logos, insignia, trademarks, emblems, symbols, or similar graphic illustrations on the sign area.

SIGN PERMIT

Administrative approval for the installation of a sign as permitted by this chapter.

TEMPORARY SIGN

A nonpermanent sign that is permitted for display for a limited specified period of time (rather than permanently attached to the ground or a structure) as set forth and permitted in § 180-55F(2) of this chapter. A temporary sign of simple construction and mounting without permanent grounding or support and which can be generally installed and removed by hand.

SITE COVERAGE

The portion of the lot expressed as a percentage of the total lot area covered by the collective cumulative area of building coverage and all other impervious surfaces on the lot.

SMALL WIND ENERGY CONVERSION SYSTEM (SWECS)

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.

SOLAR ENERGY SYSTEM

Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar energy systems include solar thermal and photovoltaic applications, as well as other related equipment and site improvements supporting the installation and operations. For the purposes of this section, a solar energy system does not include any system with a solar collector of four square feet or less in surface area.

BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM

A solar energy system that consists of integrating photovoltaic modules into the building envelope system, such as vertical facades including glass and other materials, semitransparent skylight systems, roofing materials, and shading over windows.

COLLECTIVE SOLAR INSTALLATION

A solar energy system owned collectively through subdivision homeowners' associations, condominium associations, a group of individual property owners or other similar collective arrangements, which solely serve their collective energy needs.

FLUSH-MOUNTED SOLAR PANEL

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

FREESTANDING or GROUND-MOUNTED SOLAR ENERGY SYSTEM

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

NET METERING

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the public utility grid so that they only pay for their net electricity usage at the end of the month or year.

PHOTOVOLTAIC (PV) SYSTEM

A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," that generate electricity whenever light strikes them.

QUALIFIED SOLAR INSTALLER

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

ROOFTOP OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM

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

SOLAR ACCESS

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

SOLAR CARPORT

A solar photovoltaic cell, panel or array, together with any related equipment as defined in "solar energy system," located over an existing or proposed parking facility.

SOLAR COLLECTOR

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

SOLAR ENERGY SYSTEM BUILDING PERMIT

A building permit in a form as approved by the Town Board for the construction of a solar energy system.

SOLAR ENERGY SYSTEM SETBACK

The required minimum distance from a front lot line, side lot line or rear lot line of a parcel within which a freestanding or ground-mounted solar energy system is installed.

SOLAR FARM

An energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity. It may also be referred to as a "solar power plant."

SOLAR MODULE SURFACE AREA

The aggregate square footage of all solar panels which are part of a solar energy system installation, based upon the outer dimension length times width of each of the modules.

SOLAR PANEL

A photovoltaic device capable of collecting and directly converting solar energy into electricity. It may also be referred to as a "solar module."

SOLAR STORAGE BATTERY

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

SOLAR THERMAL SYSTEM

A solar energy system that directly heats water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water or heating pool water.

STABLE, PRIVATE

See "private stable."

STOP-WORK ORDER

An order issued pursuant to § 180-87 of this chapter.

STORAGE of ALCOHOL, GASOLINE, CRUDE OIL, LIQUIFIED PETROLEUM GAS or OTHER HIGHLY FLAMMABLE SUBSTANCES - Prohibited Use per §

180-13

The bulk storage of alcohol, gasoline, crude oil, diesel fuel, liquefied petroleum gas or other highly flammable substances, within either in-ground or aboveground storage containers, excluding gasoline associated with a gas station/gas station with convenience store.

STORAGE of DYES, SOLVENTS or OTHER CHEMICALS

The accessory temporary storage of dyes, solvents or other chemicals in fluid or other forms, either in-ground or aboveground storage containers, and incidental to a principal permitted use.

STORY

That part of a building included between two successive floors in a building or between the top floor and the ceiling or underside of the roof framing, not including a cellar or basement.

STORY, HALF

That part of a building that is located under a gable, hip or gambrel roof, the floor of which is not more than two feet below the plate.

STREET

Any public way dedicated to public travel, greater than 20 feet in width, and any street shown on a recorded Subdivision Plat approved by the Planning Board.

STREET LINE

The right-of-way line of a street as indicated by dedication or by deed or record.

STRUCTURE

Anything placed, built, constructed, assembled, installed, or erected with a fixed location on or below the ground, in whole or in part, or attached to something having such location, including but not limited to buildings, decks, porches, covered patios, towers, antennas, solar panels, wind turbines, swimming pools, poles, fences, signs, storage tanks, but excluding walkways, uncovered patios elevated no more than 30 inches from the surrounding ground surface, at-grade parking areas, driveways, streets and roads.

STRUCTURE, ALTERATION OF

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.

SWIMMING POOL

A structure designed and constructed in or on the ground to hold water having a depth at any point greater than two feet and used or intended to be used for swimming, bathing and associated activities.

TAKE-OUT RESTAURANT

See "restaurant, take-out."

TAVERN

See "bar or tavern."

THROUGH LOT

See "lot, through."

TOBACCO SPECIALTY BUSINESS

See "vape store and any tobacco specialty business."

TOWN

The Town of North East, Dutchess County, New York.

TRAILER, BOAT

A vehicle designed exclusively for the transportation of one boat of less than 10-foot beam and 24-foot length.

TRAILER, CAMP OR TRAVEL

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.

TRAILER, CARGO

A vehicle, not over 70 square feet in floor area, used for the hauling of cargo.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code currently in effect and hereafter as amended from time to time.

URGENT CARE FACILITY

A medical use, licensed by the State of New York, focused on the provision of urgent ambulatory care not otherwise needing treatment at a traditional emergency department located within a hospital, providing immediate outpatient medical care and treatment primarily on a walk-in basis.

USE

The specific purpose for which land or buildings and structures are 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 prohibited or nonconforming use.

USE, ACCESSORY

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.

USE, NONCONFORMING

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 present permitted use provisions of this chapter as they apply to the district in which the building, structure, or land is located.

VAPE STORE and any TOBACCO SPECIALTY BUSINESS - Prohibited Use per §

180-13

A commercial use specializing in and selling electronic cigarette products, cigars, cigarettes or other smoking related devices and items, and/or which provides a location for individual or group on-premises smoking or vaping consumption.

VETERINARY OFFICE/ANIMAL HOSPITAL

A medical use in which facilities are provided for the prevention, cure and alleviation of disease and/or injury to animals, and the care of animals and birds, and in conjunction with which there may be facilities provided for the sheltering of animals during treatment but not otherwise including the boarding of animals.

WAREHOUSING, COMMERCIAL STORAGE BUILDINGS

A building, or a portion thereof, used for the temporary housing and storage of raw goods or materials, works in progress, finished product, wares, food and non-food and beverage products, equipment, parts and supplies before their use, export or distribution off-premises, including climate-controlled facilities, but excluding self-storage warehousing and the bulk storage of materials that are inflammable, explosive or that present hazardous conditions. This definition shall not be deemed to include passive storage as an accessory use in connection with a permitted principal use on the same property.

WAREHOUSING, SELF-STORAGE

A building designed and constructed with internal individual rooms, compartments or units, which may be of various sizes within a larger facility, leased or rented on an individual basis for varying periods of duration (e.g., monthly, annually or similar) for the storing of personal property.

WHOLESALE DISTRIBUTION BUSINESS

A commercial use engaged in selling and distributing merchandise to retailers and other businesses, other wholesalers, or persons acting as agents or brokers, and/or engaged in buying and selling merchandise to such parties as a broker. Establishments that sell products to the general public, whether in part or in whole, are considered "retail stores" not "wholesale stores."

WILDLIFE or NATURE PRESERVE

A parcel of land maintained for the conservation, propagation, protection, safeguarding and/or preservation of fauna, flora, and physical features of geological or other special natural resource interest or importance, excluding a zoo.

YARD, REQUIRED

An unoccupied space, open to the sky, on a lot for a prescribed depth to a setback line as required by this chapter from the front, side and rear property lines in which there shall be no structures or other constructed features, except as may be permitted in this chapter.

YARD, REQUIRED FRONT

An open, unoccupied space extending across the entire width of the lot between the front yard setback line as required by this chapter and all property (street) lines fronting on a street.

YARD, REQUIRED REAR

An open, unoccupied space extending across the entire width of the lot between the rear setback line as required by this chapter and the rear property line.

YARD, SIDE

An open, unoccupied space extending across the entire width of the lot between the side setback line as required by this chapter and all side property lines.

ZONING ENFORCEMENT OFFICER (ZEO)

The official appointed by the Town Board to administer and enforce this chapter. The ZEO is responsible for ensuring compliance with these zoning regulations, including reviewing and issuing permits, conducting inspections, and investigating violations pursuant to the powers and duties set forth in § 180-84 of this chapter.

ZONING MAP

The official "Zoning Map" as adopted and amended from time to time by the North East Town Board showing a geographic illustration of the boundaries of the Zoning Districts as established and regulated by this chapter.

ZONING PERMIT

An official permit document issued by the Zoning Enforcement Officer authorizing a property owner to develop or change the use and/or site conditions of their property in compliance with the standards and requirements of this chapter.

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Editor's Note: The official copy of the Zoning Map is on file in the office of the Town Clerk, where it is available for inspection during regular business hours.

Agricultural District	A5A
Very Low Density Residential District	R3A
Low Density Residential District	R1A
Medium Density Residential District	R20,000
Land Conservation District	LC
Light Industrial District	M-A
Irondale Business District	IB
Boulevard Districts
Boulevard District West	BD-West (North and South)
Boulevard District East	BD-East
Boulevard District 4	BD-4

Northeast Town City Zoning Code

PART 1

§ 180-1 Purposes.

§ 180-2 Title.

§ 180-3 Interpretation of provisions.

§ 180-4 Word usage.

§ 180-5 Definitions.

§ 180-6 Establishment of districts.

§ 180-7 Zoning Map.

§ 180-8 Interpretation of district boundaries.

§ 180-9 Zoning District: location and purpose.