A structure or building, the use of which is customarily incidental and subordinate to that of the principal structure or building and which is attached thereto or is located on the same lot or premises. Except for an accessory dwelling unit, guest cottage or ECHO (elder cottage housing opportunity) unit approved under Articles VI and/or VII of this chapter, accessory structures are not for the purpose of human habitation and may include such structures or buildings as garages, swimming pools, spas, whirlpools or hot tubs, tennis courts, garden or tool sheds, barns, studios, greenhouses, and play structures, such elements as generators for nonemergency use, satellite dish antennas, and solar and wind energy systems.

A use, occupancy or tenancy which is clearly and customarily incidental and subordinate to the principal use, occupancy, or tenancy, and located on the same lot or premises. Except for uses accessory to a dwelling unit, any use which is accessory to a special permit use shall also require a special use permit. Any use which is accessory to a permitted use shall be considered a permitted use.

A residential development which is developed and meets the requirements of Article VI, § 125-68KK, of this chapter, owned by a public agency or private sponsor in which rental dwelling units or dwelling units for purchase are exclusively provided for elderly persons, aged 62 or older, and other members of the households which they head.

Extension or increase in area or height of a building.

See "passive adult use."

Any activity connected with the raising of crops, livestock or production of livestock products, including, but not limited to: field crops, fruits, vegetables, horticultural specialties; livestock and livestock products; maple sap; Christmas trees; aquaculture products; and woody biomass. This shall encompass any activity or use now permitted by law, engaged in by or on behalf of a farmer in connection with farming, including, but not limited to: housing for farm workers; stables and other tourist activities; the collection, transportation, distribution and storage of animal and poultry waste; storage, transportation and use of equipment for tillage, planting, harvesting and marketing; transportation, storage and use of fertilizers and limes, and lawfully permitted and applied insecticides, herbicides, and fungicides; construction of farm structures and facilities, including farm wineries and other on-farm food processing; construction and maintenance of fences and other enclosures; and the use and/or maintenance of related pastures, idle or fallow land, woodland, wetland, farm ponds, farm roads and certain farm buildings and other structures related to the agricultural practices. Agriculture shall also include value-added processing, wholesale and retail marketing of the agricultural output of the farm, including U-pick sales, and related products that contribute to farm income, including the sale at the owner's farm stand of agricultural products as long as a major portion of the annual gross sales of the farm stand have been grown on said farm.

As applied to a building or structure, any change, rearrangement, enlargement, addition to or diminution of a building or other structure, whether vertically or horizontally, other than repairs; any modification in construction, or in building equipment, or the moving of a building or structure from one location to another.

A facility designed used as a group residence or extended-care facility, including assisted living facilities and nursing homes, designed for the care and housing of persons who are unable to live and work independently at a particular time and which provides for provision of such person's specific needs and where compensation and/or reimbursement of costs is paid to an operator pursuant to state or federal standards, licensing requirements or programs funding residential care services.

See "veterinarian's office."

The keeping, grazing, feeding and care of animals other than household pets or more than two saddle horses or ponies for 4H Club activities. However, the term "animal husbandry" shall not be construed to include the activities of fur farms, pig farms, cage-type poultry houses or any type of concentrated animal feeding operation (CAFO).

A dwelling unit contained within a two-family or multifamily dwelling.

A property owner or agent of a property owner who has filed an application for a use of land or structure pursuant to this chapter.

A geologic unit of stratified drift capable of yielding usable amounts of water.

The areas identified as such on the Water Resources Protection Overlay (WR-O) District Map based on surveys, analysis and research to accurately delineate the location of an aquifer.

The combination of controls set forth within Article IV which, in combination with supplemental regulations set forth within Article V and special permit standards set forth within Article VI, establish the minimum area of a lot, the minimum extent of yards and open space areas and the maximum dimension of buildings and other improvements and their location on such lot. This term may also be referred to as "bulk regulations."[1]

An automated teller machine (ATM) is a computerized telecommunications device that provides the customers of a financial institution with access to financial transactions in a public space. An ATM includes a personal teller machine (PTM).

Any area of land, including structures thereon, that is used for: the painting of motor vehicles; the rebuilding or reconditioning of motor vehicles, including collision services including frame and fender straightening and repair; or the dismantling or disassembly of frames or exterior parts.

A retail establishment producing and selling breads, pies, cakes, cookies and other baked goods and which establishment may provide a maximum of eight seats at tables or a counter for the on-premises consumption of baked goods and related beverages such as coffee, tea, milk or fruit juices. The term "bake shop" shall not include a formula food establishment as defined herein.

That space of a building which is partly below grade, which has more than 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.

A private owner-occupied dwelling in which at least one room and not more than five rooms are offered for rent for transient occupancy, in which overnight lodging and breakfast are offered to such occupant(s), and on which no public restaurant is maintained.

The portion of a residential dwelling unit designed to be suitable for sleeping purposes, which may contain closets, may have access to a bathroom, and meets Uniform Building Code requirements for room size, light and ventilation. At the discretion of the Planning Board, where the Board has determined that a den, library, study, loft or room designated on building plan submittals has been determined to be habitable, it shall be considered a bedroom for the purposes of this chapter. For the purpose of establishing and/or regulating density of a dwelling unit in this chapter, a bedroom shall be defined as providing sleeping facilities for no more than two individuals.

The incorporation of both labor and materials within the footings or foundation of a building or group of buildings subsequent to the issuance of a building permit in full conformance with this chapter.

A mound of earth with sloping sides that is located between areas of approximately the same elevation and typically intended for one or a combination of the following functions: creating a noise barrier; separating areas of conflicting uses; screening undesirable views; creating a private area; directing drainage; providing wind protection; or enhancing a landscape design.

Biodiversity describes the variety of life and its processes. The term refers to all the variation in nature, including ecosystems, biological communities, species and their genes. It also refers to the interactions of organisms with each other, and with the nonbiological components of their environments such as soil, water, air and sunlight. Habitats with a high species richness (i.e., number of species) and habitats with low species richness may be equally important to overall biodiversity.

Plant matter grown for use as biofuel, but it also includes plant or animal matter used for production of fibres, chemicals or heat. It excludes organic material which has been transformed by geological processes into substances such as coal or petroleum.

An original object of an established art form possessing positive aesthetic qualities and created by the artist upon application of his or her skills and with the intent of both expressing human emotion or exhibiting an individual point of view and producing a work of art; the term "bona fide work of art" shall not be construed to include any object produced for prior, present or future utilitarian purpose.

A strip of land established and suitably developed with fencing and/or berms or natural vegetation to visually separate one use from another and to shield or block noise, light or other nuisances. The term "buffer" or "screen" also applies, when used throughout this chapter, to the act of establishing and maintaining a buffer as defined herein. Buffers may also apply to protected wetland areas. See the Town of Rhinebeck Freshwater Wetlands Law for the definition of "associated buffer."[2]

The space remaining on the lot after the minimum yard, open space and natural environmental constraint requirements have been met.

Any building, structure, or portion thereof used for residential, business or industrial purposes.

See definition of "accessory structure."

See "coverage, building."

The setback lines or other restrictive demarcation that establishes an area on a lot in which building and other site improvements can occur.

See definition of "Code Enforcement Officer" herein.

The line established by law, ordinance, or regulation beyond which no part of a building, other than parts expressly excepted, may extend.

A line generally parallel to the street or road beyond which the front of a building may not project into the required front yard as specified for the district in which the lot is situated. The front yard setback begins where the minimum lot width is achieved.

A retail business for the storage and sale of primarily wood products but which may also include the sale of hardware and other building products.

A building in which is conducted the main or principal use of the lot on which said building is located. In any residential district, any dwelling, except for an accessory dwelling unit as permitted by this chapter, shall be deemed the principal building on the lot on which it is situated.

A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.

A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations. See "professional office."

An establishment primarily engaged in rendering services on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, office equipment rental and leasing, commercial research, development and testing, photo finishing and personal services.

A parcel of land on which are located two or more cabins, shelters or other accommodations, of a design or character suitable for seasonal or other more or less temporary living purposes, including a summer colony, resort and day camp. Camps shall provide 10,000 square feet of lot area for each tent, cabin or other principal building and 3,000 square feet per person accommodated. A trailer park, camp trailers, campers, trailer coaches, travel trailers, recreational vehicles, motor homes, bus, boardinghouse, hotel, or motel shall not be construed to be a camp.

Any area designated for transient occupancy by camping in tents or similar nonvehicular portable dwellings designated for temporary shelter.

Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, when operated within the boundary of such lands and in accordance with the requirements of Article VI, § 125-68, of this chapter.[3]

For the purposes of this chapter, a community water supply system approved by the Town of Rhinebeck, Dutchess County and/or State of New York for either private or public operation.

As used herein, a use shall be determined by the Code Enforcement Officer to have ceased when it has been discontinued, either temporarily or permanently, whether with the intent to abandon such use or not.

A natural or artificial watercourse with a definite bed and banks which conducts continuously or periodically flowing water.

The indiscriminate removal of all or most trees, regardless of size or maturity, for a purpose other than development, including as may be set forth on a viewshed enhancement plan, reviewed and approved by the Zoning Enforcement Officer and Planning Board. This definition shall not include the following: the selective removal of tree species according to a forest management plan consistent with § 480-a of the New York State Real Property Tax Law or the New York State Timber Harvesting Guidelines or the New York State Cooperator Forest Program, and in accordance with environmentally sound and sustainable silvicultural principles; removal of dead or damaged trees or the routine maintenance of woodland areas following Town-approved guidelines as adopted by the Conservation Advisory Board (CAB); or removal of trees in accordance with a subdivision plat or site plan approved by the Town of Rhinebeck Planning Board.

Any activity that removes the vegetative surface cover.

A facility designed for the practice of dentistry or medicine at which nonresident patients are treated.

Premises of an organization of persons who meet periodically to promote some nonprofit social, educational, athletic, service or recreational objective, and who cater exclusively to members and their guests, with no vending, merchandising or commercial activities conducted, except as required generally for the membership and purposes of the club. A not-for-profit membership club shall not include a rod and gun club as defined herein.

A use such as a Country Inn 1 or 2, hotel, motel, or bed-and-breakfast, which provides guest rooms, suites or rooms for transient use. Such use may include customarily incidental uses as permitted herein. A short-term rental is not considered a commercial hospitality use.

An establishment engaged in providing recreation for a fee or admission charge, including membership sports, recreation clubs, and health clubs, but specifically excluding air arenas, amusement parks, go-cart tracks, driving ranges, water sports parks, rings, race tracks, or similar facilities, whether full-size or miniature and whether located indoors or outdoors.

For the purposes of this chapter, a community sewage disposal system approved by the Town of Rhinebeck, Dutchess County and/or State of New York for either private or public operation.

A structure used primarily for transmitting and/or receiving radio, television, microwave cellular telephone or similar electromagnetic signals. As set forth at Article VI, § 125-68, herein,[4] for the purpose of this chapter, neither receive-only antennas or satellite dishes for residential use nor any other building-mounted or other structure-mounted antennas less than 15 feet in height shall be considered a communications facility or tower.

A full submission made by an applicant for any approval required under this chapter by the Planning Board, Town Board, ZBA or ZEO, including as pertinent to the specific application and in required form, number and amounts all executed application forms and certifications; fees; escrow agreement and escrow deposits; land survey, site and building plans stamped by appropriate licensed design professionals; environmental assessment and coastal assessment forms and agricultural data statements; and other required additional information, such as engineering studies or archaeological reports, to permit consideration of the application by the responsible party.

The official Town Board adopted document that provides a consistent policy direction to guide the immediate and long-range protection, enhancement, and development of the Town of Rhinebeck. As described in § 272-a of the New York State Town Law, the Comprehensive Plan consists of materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports, elements, appendices, and other descriptive material. Such materials identify goals, objectives, principles, guidelines, policies, standards, devices and instruments for the unincorporated area of the Town outside the Village of Rhinebeck. The Town of Rhinebeck Comprehensive Plan may also be referred to as either the "The Rhinebeck Plan," the "Town Plan" or the "Town Comprehensive Plan."

A building or group of buildings in which dwelling units are owned individually within a multiple-dwelling structure. The land underlying such structure(s), common areas and common facilities is owned by the owners on a proportional, undivided basis. Since condominiums represent the functional equivalent of a land subdivision, they shall be subject to the Town of Rhinebeck Land Subdivision Regulations.[5]

A facility used for in-residence business, cultural or professional programs, conferences, retreats and seminars, often with campus-type accommodations for sleeping, eating and recreation.

A lot or facility, together with any associated treatment works, where both of the following conditions are met:

A housing facility where each resident has an individual, usually private, housing unit which contains a sitting space, kitchen and bathroom, in addition to a bedroom. A resident may share a common kitchen, dining room and living room with one or more residents.

A large, privately owned lot comprising part of an area of open land as prescribed by Article V, § 125-43, of this chapter. The purpose of the conservancy lot is to provide surrounding residents with visual access to open protected space, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be permanently protected through conservation easements and used in conformance with standards for protected open space. Public access to conservancy lots is not required.

The Conservation Advisory Board of the Town of Rhinebeck, New York as this term is are defined in the New York State General Municipal Law.

Land left in its natural and essentially undeveloped state, including vegetation and terrain, for the purpose of preserving habitats for plants and animals, scenic views, open space, aesthetic appreciation, passive recreation and other conservation purposes.

A legal agreement in the form of an easement, covenant, restriction or other interest in real property created under and subject to the provisions of Article 49, Title 3, of the Environmental Conservation Law, which limits or restricts the development, management or use of such real property in perpetuity for the purpose of preserving or maintaining the scenic, agricultural, open, historic, recreational, archaeological, architectural or natural condition, character, significance or amenities of the property.

A subdivision which is designed in accordance with the provisions of Article V, § 125-43, of this chapter and which is specifically intended to conserve significant features of the natural and cultural landscape, and which achieves this result through flexibility in lot areas, depths and widths and dimensions and permanent designation of protected open space.

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.

The presence of chemical substances, matter or energy whose nature, location or quantity causes instability, disorder, harm or discomfort to the physical systems or living organisms therein.

Property used for the storage or keeping of construction supplies, materials, equipment, machinery or vehicles, or parts thereof, which are in operable condition and active use by a construction or landscape contractor.

A subdivision in which lots are laid out in accordance with the basic dimensional standards of the district in which the property is located, as set forth in the Schedule of Area and Bulk Regulations,[6] and for which a special use permit and site plan approval are required pursuant to Articles VI and VII of this chapter.

A change in use or occupancy of a building, generally by alteration or by other reorganization.

One of two or more principal uses as may be authorized to occur on a single parcel within a nonresidential district or elsewhere on the basis of a specific exception within this chapter, such as stated in § 125-47I in the case of solar power plants or solar farms.

A cottage dwelling is similar to a detached accessory dwelling unit, but rather than being contained within another accessory structure such as a barn, garage or carriage house, shall be a detached structure separate and apart from the single-family dwelling and/or other accessory structures on the lot. A cottage dwelling shall not exceed 750 square feet in gross floor area on lots of less than 1/2 acre nor 1,000 square feet on lots 1/2 acre or larger, shall be built in accordance with the New York State Uniform Fire Prevention and Building Code, and shall be clearly incidental and subordinate to the principal building or structure.

A private club that offers a variety of recreational sports facilities to its members such as a golf course, swimming, horseback riding, and tennis. Country clubs may provide dining facilities to their members and guests, and may host catered events, such as weddings.

A building or group of buildings which provides commercial hospitality lodgings and which shall include residential accommodation for the owner or caretaker. The Zoning Law permits, subject to issuance of a special use permit, a Country Inn 1 and Country Inn 2 as described more fully in Article VI, § 125-68LL and MM, of this chapter.

That percentage of the plot or lot area covered by the composite building area on or extended to the ground plane of all principal and accessory buildings or structures as defined herein. Such coverage excludes uncovered porches, terraces, and wooden decks, except where used for commercial purposes.

That percentage of the plot or lot area covered by the composite building area or extended to the ground plane of all principal and accessory buildings or structures, roads, parking lots and parking areas and all other impervious surfaces as defined herein.

A non-overnight camp providing recreation, arts and crafts, and other activities for participants.

A retail establishment selling meats, salads, other foods and condiments in a prepared state and which establishment may include a maximum of 20 seats at tables and/or a counter for the on-premises consumption of sandwiches or other foods and related coffee, tea, milk, fruit juices and other nonalcoholic beverages. A delicatessen may stock household supplies to customers who purchase only a relatively few items. The term "delicatessen" shall not include a fast-food establishment as defined herein.

The ratio of land area per dwelling unit on a lot.

The design manual originally adopted by the Town Board in June 1999 and amended from time to time, so as to complement the design standards found in Article V, § 125-55, of this chapter, the site plan design criteria set forth at Article VII, § 125-76, of this chapter, and other design standards adopted by the Town Board.

Any activity other than conservation, agriculture conducted in a manner consistent with sound agricultural practices as determined by the New York State Department of Agriculture and Markets, or forestry conducted in a manner consistent with the Timber Harvesting Guidelines and best management practices as published by the New York State Department of Environmental Conservation, which materially affects the existing condition of land or improvements, including, but not limited to:

A district that is established through the zoning amendment process, enumerated in Article XII, and as further described in Article VI, § 125-68KK, to provide housing for senior citizens. Unlike other zoning districts, the Senior Housing Floating Zoning District has not been mapped and is subject to legislative discretion.

An area or section of the Town illustrated on the Zoning District Map contained within this chapter, and within which uniform requirements regulate the use of land, buildings and structures and the height, bulk, density, setback and other features of buildings and structures.

An area or section of the Town illustrated on the Zoning District Map contained within this chapter, and within which additional requirements are provided to protect identified natural and cultural resources or provide for incentives for specific types of development that are encouraged in the Town or to complement those of the underlying land use district to which such designation is added.

Land situated on a lot used or intended to be used as a private access route directly serving a building, structure, parking area, or other lands and not providing a route for through traffic.

A building designed or used principally as the living quarters for one or more families.

A building containing separate living units for three or more families, including apartment buildings, townhouses, and row houses, regardless of the form of ownership (condominium, fee simple, rental).

A detached building containing one dwelling unit only.

A detached or semidetached building containing two dwelling units only.

A building, or entirely self-contained portion thereof, containing complete housekeeping facilities for one family. A dormitory, hotel, motel, country inn, nursing home, fraternity, sorority or other similar building shall not be deemed to constitute a dwelling unit.

A separate and complete dwelling unit that is contained within the structure of a single-family dwelling or in a building or structure accessory to a single-family dwelling.

A modular cottage, not exceeding 750 square feet, for installation on a single-family residential premises, designed to be occupied by one or two people who will benefit from living in close proximity to the principal residents of the premises.

Any parochial, private, or public institution offering courses in general, technical, or religious education that is not operated for profit or gain and conducts a full-time curriculum of instruction a minimum of five days per week for seven months per year. This definition specifically excludes from coverage after-school programs for students who are receiving their primary education elsewhere. Educational institutions operate in buildings owned or leased by the institution for some or all of the following purposes: administrative and faculty offices, classrooms, dining halls, housing limited to enrolled full-time students, staff and faculty presently employed full-time by the educational facility, laboratories and other ancillary uses typically and customarily associated with educational facilities.

Any occurrence or circumstances involving actual or imminent physical trauma or property damage threatened or caused by an emergency that demands immediate action.

The regular working staff (paid, volunteer or otherwise) at maximum strength and in full-time equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service.

A residence offering alternative living arrangements (i.e., small, congregate living arrangements wherein comprehensive supportive services are shared) for frail, older adults who do not want or need institutional care, but who are no longer able to carry out the activities of daily living without assistance.

Regulations for the control of dangerous or objectionable uses having potential adverse impacts as described for nonresidential and nonagricultural uses in Article V, § 125-35, of this chapter.

The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual.

A building or related group of buildings for purposes of the conduct of business, located on a single parcel or lot, and including one or more uses.

Removal, replacement or recontouring of earth materials meeting one or more of the following criteria. No use or activity classified as a "major excavation" may be so intensive as to constitute either an "extractive operation" or "soil mining" as defined under this chapter.

Removal, replacement or recontouring of earth materials meeting all of the following criteria:

See "lot of record."

A lot or land or part thereof used for the purpose of extracting and/or removing sand, gravel, clay, stone, loam, humus, topsoil or other earth materials for sale, exclusive of the following:

The face or front of a building facing the major or principal street.

A name for an occasional or periodic competitive exhibition, including but not limited to farm products and/or livestock, usually accompanied by amusement features and for which an admission fee may or may not be charged.

One of the following:

Land and on-farm buildings, equipment and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise. For the purposes of this chapter, the term "farm" specifically excludes riding academies and arenas, dog kennels or catteries, and the raising of fur-bearing animals.

An accessory retail facility, larger than a roadside stand, owned and operated by the owner or operator of the farm and intended for the sale of local farm products and related farm items on either a seasonal or year-round basis.

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse-boarding operation, a timber operation, compost, mulch or other biomass crops and commercial equine operation, each as defined within § 301 of the New York State Agriculture and Markets Law. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

An unroofed enclosing structure erected for decorative purposes or for the purpose of preventing passage or view.

See definition of "lot, flag."

The official map of the Town of Rhinebeck on which the Federal Emergency Management Agency has delineated the boundaries of the special flood hazard area. The FHBM is replaced by the Flood Insurance Rate Map (FIRM) when the letter becomes effective.

A designated AO or VO Zone shown on the Town's Flood Insurance Rate Map (FIRM) with base flood depths from one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

The official map of the Town of Rhinebeck on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones.

The official report of the Federal Emergency Management Agency for the Town of Rhinebeck showing flood profiles, water surface elevations of the base flood, and includes a Flood Boundary/Floodway Map (FBFM) or Flood Insurance Rate Map depicting any regulatory floodway, as may be applicable.

The highest level of flood that, on the average, has a one-percent chance of occurring each year.

The maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded in any given year). The floodplain area with special flood hazards includes the area shown on the FHBM as Zone A and on the FIRM as Zone A, AO, AH, A1-A30, A99, V and V1-V30.

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness measures, flood control works, and land use and development control measures.

A land area adjoining a river, stream, watercourse, or lake, which is likely to be flooded.

Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings.

The one-hundred-year flood elevation plus two additional feet of elevation.

The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude without cumulatively increasing the water surface elevation more than the designated height shown in the Town of Rhinebeck's Flood Insurance Study.

The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include:

The sum of the gross floor area of all structures on a lot divided by the gross area of the lot.

Any structure or building whose primary design and function is for the production and raising of flowers and other horticultural products for sale but which may include the retail sale of horticultural products from off-site businesses.

Sustainable forest management for the production of goods to meet the needs and desires of landowners and that serves the public good, both for present and future generations. Forestry is further defined as the maintenance of property in an undeveloped state that currently contains trees of any size, or is suitable for the growing of trees. Forest uses may include conservation of wildlife habitat, provision of outdoor recreation, production of timber and forest crops, protection of water quality, regulation of water flows, conservation of soil, carbon sequestration and protection of aesthetic qualities.

See "fast-food establishment."

See definition of "lot frontage."

An enclosed space, whether an accessory building or part of a principal building, for the storage of one or more vehicles, provided that no business occupation or service, other than a home occupation authorized by special use permit, is conducted for profit therein nor space therein for more than one car leased to a nonresident of the premises.

Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline, oil or other motor vehicle fuels and which may include facilities for lubricating, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof or the use of mechanical car washing equipment. The term "gas station" shall not include a fast-food establishment as defined herein. A gas station may include, as an accessory use, a convenience store, not exceeding 2,000 square feet, for the sale of a limited number of food and household products.

Those activities and practices including but not limited to business and administrative activities related to the operation of a farm; operation of farm equipment; production, preservation, processing and marketing of farm products; proper use of legal agricultural chemicals and other crop protection methods; and construction, maintenance, repair and use of farm structures, including such buildings used to store farm equipment and to store and/or process farm products; and such other improvements that are necessary to the operation of the farm. Said practices are those that either have been or would be determined sound agricultural practices by the New York State Commissioner of Agriculture and Markets upon application of the guidelines recommended for the Commissioner's use by the NYS Advisory Council on Agriculture, including but not limited to 1) the practice should be legal 2) the practice should not cause bodily harm or damage property off the farm; 3) the practice should achieve the results intended in a reasonable and supportable way; and 4) the practice should be necessary.

A type of outdoor recreation use, as defined by this chapter, developed in accordance with the standards of the United States Golf Association (USGA) for the play over either nine or 18 regulation, executive or par 3 holes of the game of golf. The golf course facility may include a clubhouse with a restaurant and other appurtenances integral to the overall facility, practice putting greens, and a practice range but shall exclude the use of netting for the constraint of golf balls on such practice range. A private golf course may be a component of a country club as defined herein.

The elevation at which the finished surface of the surrounding lot, either naturally occurring or upon completion of any change in contour, intersects the walls and supports of a structure.

Excavation or fill of material, including the resulting conditions thereof.

See "floor area, gross."

Water in the subsurface zone beneath the water table in which all pore spaces are completely saturated.

An accessory building on the same lot as a principal residential dwelling used for occupancy by either short-term guests of the owners or tenants of the principal dwelling, provided that such building shall contain no kitchen facilities and shall meet all applicable setback and lot coverage requirements of this chapter and those requirements related to the provision of suitable water supply and sanitary sewage disposal facilities.

A single room for sleeping, which can include a shared bathroom, occupied by up to four individuals for sleeping purposes. For the purpose of establishing and/or regulating density of a commercial hospitality in this chapter, a guest room shall be defined as providing sleeping facilities for no more than four individuals.

Space occupied by one or more persons for living, sleeping, eating or cooking.

Material that may pose a present or potential hazard to human health or the environment when improperly stored, transported or disposed of or otherwise managed, including without exception hazardous waste identified and listed in accordance with Section 3001 of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) and related implementing regulations.

The vertical distance measured from the average elevation of the finished grade along the side of the building having the lowest finished grade to the highest point on the coping of a flat roof, to the deck line of mansard roofs or to the average height between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections, except where such features occupy an aggregate area of more than 80 square feet or 10% of the roof area, whichever shall be less.

Any land area, whether with an improved or natural surface, or water surface area used for the landing and take-off of a helicopter as either a principal or accessory use.

Any limited personal service, professional service or business use customarily conducted within a dwelling or customary accessory building and carried on by the residents thereof, which is clearly incidental and secondary to use of the premises for residential purposes and does not alter the residential character thereof, and which use shall be fully consistent with the use limitations stated in Article V, § 125-42, of this chapter. For purposes of this chapter neither a home office for the exclusive use of a resident or residents of the premises nor artistic, literary or similar intellectual work carried on by a resident or residents of the premises and routinely involving no on-premises participation by other persons shall be construed to be a "home occupation."

An institution providing health service, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and medical offices. For purposes of this chapter, the term "hospital" shall not include the term "alternate care facility."

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests for no more than 30 days and where a kitchen and dining room are generally provided within the building or in an accessory building, but excluding fast-food establishments as defined herein. Small service kitchens may be provided in individual rooms.

A building designed or adapted for use by a religious organization for conducting formal religious services or assembly on a regular basis.

Any artificial structure that cannot effectively infiltrate rainfall, snowmelt and water, which replaces naturally pervious soil with impervious construction materials such as roofed or other solid structures or materials covering the ground, including but not limited to concrete, oil and stone, tar or asphalt pavement, or compacted soil or gravel. Regardless of the construction materials used, any area which is used for driveway or parking purposes, including disturbed grass, ground cover, or dirt, shall be considered an impervious surface.

A State Pollutant Discharge Elimination System (SPDES) permit issued by the New York State Department of Environmental Conservation to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges, or specifies on-site pollution control strategies.

The process of percolating stormwater into the subsoil.

An area of land, with or without buildings, used for or occupied by a deposit, collection, or storage outside a completely enclosed building of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, savage, sale, or other use or disposition of the same. A deposit, collection, or storage on a lot of two or more vehicles no longer in condition for legal use on the public highways, i.e., registered and inspected, or parts thereof for one month or more in a residential district or three months or more in any nonresidential district shall constitute a motor vehicle junkyard.

Any premises on which are kept four or more dogs more than six months of age or any number of dogs that are kept for the primary purpose of sale or for the purpose of boarding, care or breeding and for which a fee is charged or paid. The term "kennel" shall be construed to include the term "cattery."

A retail establishment offering the sale, rental or repair of large equipment and machinery, such as bulldozers, backhoes, excavators, and similar heavy equipment used predominantly for earthwork, road construction, and other large-scale excavation activities.

A business premises equipped with individual clothes-washing or dry-cleaning machines intended for principal use by retail customers.

A building used by a public or nonprofit institution for the purpose of housing books, manuscripts, exhibits or other educational materials available for reference and, as may be applicable, circulation by the public. A library may include offices for library management as well as community meeting rooms.

A use involving the manufacture of a product, but not requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in contravention of the performance standards stated within Article V, § 125-35, of this chapter. Light manufacturing uses shall be construed to include, subject to compliance with the cited performance standards, the following categories:

That area within the Town of Rhinebeck, the boundary of which was established upon local adoption and state approval of the Town's Local Waterfront Revitalization Program (LWRP), and within which all permits, approvals and other actions by Town, county, state and federal agencies require consideration for their consistency with pertinent coastal policies set forth within the LWRP; may be cited as "LWRA."

A freestanding physical structure for the allotment of rooms for sleeping purposes in a Country Inn 2 commercial hospitality use. Flexibility in the layout of lodging units is permitted, including suites, single and multiple bedroom layouts.

A parcel of land having defined boundaries and considered as a unit, devoted to or intended to be devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership, and including customary accessory structures, uses, open spaces and yards, which parcel shall have frontage on a street, or on such other means of access as may be deemed sufficient in accordance with the applicable provisions of § 280-a of the Town Law to provide suitable access as a condition precedent to the issuance of a building permit.

The total land area of a lot within the property lines excluding any area devoted to external streets, e.g., in the case of a user highway.

A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street right-of-way lines is the "corner."

See "coverage, lot."

The horizontal distance from the street line of a lot to the rear lot line of such lot, measured along the median between the two side lines.

A lot with less than the minimum required lot frontage which generally consists of a narrow accessway or the "flagpole," leading to the buildable rear portion of the lot or the "flag."

That side of a lot measured along the right-of-way of any dedicated Town, county or New York State highway, along a line 24.75 feet from the center line of any user highway or along any private road created pursuant to § 280-a of the New York State Town Law. For purposes of this chapter, the width of any lot shall not be less than its frontage throughout its entire depth leading to the buildable portion of the lot, i.e., that portion of the lot with at least the minimum prescribed lot width. A corner lot shall be considered to have two such frontages.

Any lot other than a corner lot.

The line dividing one lot from another, or from a street or other public space.

A legally existing lot at the time of adoption of this chapter on December 29, 2009, duly filed and recorded in the Dutchess County Clerk's office as either an individual parcel of land or part of an approved subdivision, in accordance with the Town's Land Subdivision Regulations[7] and applicable provisions of Town Law.

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

The minimum horizontal distance between the side lot lines measured at right angles to the lot depth along the rear line of the required front yard (i.e., at the minimum front setback) as established within the District Schedule of Area and Bulk Regulations.[8]

The act of preserving or keeping a structure and/or site in appropriate condition for its intended use.

As this term is used in Article V, § 125-60, of this chapter, a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

A structure, transportable in one or two sections (also known as single-wide and double-wide), which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, and, when erected on site, is 700 or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A recreational vehicle is not included in this definition. Manufactured homes differ from modular or industrialized housing. Manufactured homes, and modular and industrialized homes are all factory-built housing, but modular and industrialized housing are certified as meeting the state or local building code. For purposes of building code approval, modular housing is equivalent to stick-built housing and manufactured homes are not. A manufactured house is a house built in conformity with the provisions of the federal HUD Code. Mobile homes are those built prior to adoption of the HUD Code.

See "club, membership."

A building containing both residential and commercial floor space conceived and designed as a single environment in which both commercial and residential amenities are provided.

A factory-built dwelling transported to the site and permanently attached to a foundation, but not including a manufactured home as defined herein.

A building or group of buildings containing individual living and sleeping accommodations for hire for guests for no more than 30 days, each of which is provided with a separate exterior entrance and a parking space, and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor hotel," "motor inn," "motor lodge," "tourist courts," "tourist cabins," or "roadside hotel".

A business, including buildings and land area, conducting service and repair of automobiles and small trucks, including the sale and installation of lubricants, tires, batteries and similar products necessary for automotive function.

A nonprofit, noncommercial establishment operated as a repository for a collection of literary, natural or scientific curiosities, objects of interest or works of art, not including the regular sale or distribution of the objects collected.

A compilation of information about the Town's natural resources, including open space preservation and protection priorities, in mapped form within the Town Comprehensive Plan, available at Town Hall, and in electronic form on the Town of Rhinebeck's website, accessible to residents, businesses, visitors and interested observers. The NRI provides general reference information that is useful for planning and conservation of such resources in accordance with Article 12-F, §§ 239-x and 239-y, of the New York State General Municipal Law. The NRI is subject to periodic updating and refining as new information becomes available.

The gross floor area minus the following floor area deductions:

A legal existing building or structure which does not conform to the applicable district regulations under either the District Schedule of Area and Bulk Regulations and/or supplementary regulations for minimum lot area, width or depth; minimum front, rear or side yard; maximum height; maximum principal and/or aggregate accessory structure coverage; parking requirements; or density after the adoption on December 29, 2009, or subsequent amendment of this chapter. This condition may also be cited as "noncomplying bulk."

A legal existing use of a building or land which does not conform to the applicable use regulations set forth within the District Schedule of Use Regulations for the zoning district in which the use is located after the adoption on December 29, 2009, or subsequent amendment of this chapter.

Pollution from any source other than from any discernible, confined, and discrete conveyances, and which shall include, but not be limited to, pollutants from agricultural, silvicultural, horticultural, mining, construction, subsurface disposal and other runoff sources.

For purposes of this chapter, restricted to a "person," as defined herein, so designated as "not-for-profit" or "nonprofit" by virtue of charter or incorporation and certification by the Internal Revenue Service. Such person or facility may also be cited within this chapter as "noncommercial."

Any use which is dangerous, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the standards and criteria established by this chapter and other applicable laws, rules, codes and regulations; also referred to as a "nuisance."

An establishment separate from a farm where herbaceous plants and related lawn care, landscaping and gardening products are sold to retail and/or wholesale customers. A nursery by its nature includes outdoor storage of some or most of its stock-in-trade.

Any premises, however designated, which operates on a regular basis to provide care or instruction for seven or more enrolled children under six years of age other than the children of the resident family. The term "nursery school" shall include a day nursery and day-care center and family day-care facility as defined and regulated by § 390 of the New York State Social Services Law.

Use of a building, structure or premises.

An area, enclosed or covered, providing a ceiling height of seven feet zero inch or more, intended for normal use by people on an occasional or more frequent basis. Occupied space may include basements, cellars, penthouses, attic space and interior balconies or mezzanines if the space is intended for use or habitation.

A building or structure or part thereof used for the purpose of conducting a business or providing professional services. The term "office or office establishment" does not include businesses that sell goods, such as a retail store.

A map, adopted by the Town Board, showing streets, highways and parks heretofore laid out, adopted and established in accordance with § 270 of the Town Law.

Parking spaces located in an area other than on a street or public right-of-way and limited in use to vehicles not exceeding a gross vehicle weight of three tons or not parked continuously for periods of more than 48 hours, except in facilities designated for special uses. Parking facilities include the following subclasses:

That lot area of a lot which shall, in accordance with the requirements of this chapter, be properly maintained with a combination of natural, not artificial, lawn, shrubs, trees and other plant material and related ground covers and which may be protected by conservation easement or other means.

Land developed with facilities for passive recreation, e.g., trails and picnic areas, and/or with facilities for active outdoor individual or organized recreation, e.g., ball fields, tennis courts, swimming pools, ski trails, ice-skating areas and golf courses, but not including: [1] related arenas or stadiums or other facilities for the accommodation of more than 200 spectators; [2] activities involving the discharge of firearms; [3] the development of substantial enclosed or semi-enclosed structures that compositely occupy more than 0.5% of the gross land area devoted to the outdoor recreation use; or [4] any activity or use, whether principal or accessory, falling within the definition of "commercial recreation facility" as set forth within this chapter. An outdoor recreation use or facility may also be referred to as a "recreation area."

The owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building, structure or premises. The term "owner" may in a specific situation refer to more than one of the above.

See "lot."

An accessory structure used or intended to be used for the lay activities of a religious organization, including a dwelling unit or units used by the officials of a house of worship.

Any land and/or associated structures created and maintained by a municipality or not-for-profit organization for the express use and enjoyment by the general public for recreational purposes.

An off-street parking area containing parking spaces as required by this chapter.

An area of land, not less than nine feet by 19 feet, excluding driveways or access drives thereto, which is out of the public right-of-way and is available and adequately improved for the parking of one motor vehicle.

The use of a building, a portion of a building, or land for the sale or rental for use off-site of films, videotapes or other materials displayed in an area that is not open to the public generally and/or from which area the owner or operator of the use excludes, or is required by law to exclude, any minor by reason of age.

An indoor or outdoor facility operated and maintained by a not-for-profit entity and devoted to presenting cultural entertainment through live performances in music, theater and dance, but not including adult uses as defined herein.

A specific use noted in Article III, District Schedule of Use Regulations,[9] of this chapter for which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right and which may be subject to site plan approval.

Includes 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.

An establishment primarily engaged in providing services involving the specialized care of a person or a person's apparel, including but not limited to barber and beauty shops, tailor shops and exercise or dance studios, but not including passive adult uses as defined herein.

As this term is used in Article V, § 125-60, of this chapter, clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

A recreational structure such as a treehouse, playhouse, or prefabricated play equipment, located at grade or elevated, not intended for habitation and without amenities such as electricity or plumbing.

As this term is used in Article V, § 125-60, of this chapter, sediment or a water quality measurement which addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant which has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, or intended or for which such land or structure(s) may be occupied or maintained under this chapter.

Any land area, whether with an improved or natural surface, or water surface area used for the landing and take-off of an airplane either as a principal or accessory use.

A building designed and used for the feeding, housing, breeding and exercising of horses that are owned by the owner of the premises or a residential tenant thereof and/or not maintained for remuneration, hire or sale.

A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations.

Any use which is not listed as a permitted use, special permit use, or accessory use within a zoning district in the District Schedule of Use Regulations in Article III of this chapter is a prohibited use within such district. Any use not listed in the District Schedule of Use Regulations as a permitted use, special permit use or accessory use in one or more districts within the Town of Rhinebeck is by virtue of such exclusion deemed a prohibited use in all districts within the Town.

That portion of a tract that is set aside in perpetuity for the protection of sensitive natural features, farmland, forests, historic or other cultural features, scenic views, and other unique environmental resources. Protected open space may be accessible to the residents of the subdivision and/or the Town, or it may contain areas of large farm, forestry or conservancy lots which are not accessible to the public and includes open space that is set aside in accordance with Article V, § 125-43.

An essential appurtenant facility or structure within an overall utility network or system, such as an electric unit substation, municipal water pumping station or water tower, telephone relay station or sewage pumping station.

A stable or arena used for the riding, training and performing of horses by other than the occupants of the premises or their nonpaying guests, but excluding private stables or a horse boarding or breeding facility as defined in the New York State Agricultural and Markets Law.

Facilities accommodating travelers, limited for purposes of this chapter to bus stations, rail passenger stations and ferry terminals.

An area where motor fuels are dispensed to the motoring public, with each pump station designed to serve no more than two vehicles at a time.

A house of worship with related facilities, including an educational institution(s).

Work exclusively involving the normal maintenance and/or repair of damage to, or deterioration of, a structure or other property appurtenances and which falls short of alteration as defined herein. Repair may or may not require a building permit but shall not require either a special use permit or site plan approval in any zoning district, including the several overlay districts established within Article II, § 125-15, of this chapter.

Work exclusively involving the replacement of existing exterior building features, such as windows, doors and architectural components, that replicate those existing building features and which falls short of alteration as defined herein. Replacement may or may not require a building permit but shall not require either a special use permit or site plan approval in any zoning district, including the several overlay districts established within Article II, § 125-15, of this chapter.

Use of a building or part thereof and/or land where scientific research, development and/or experiments are conducted and which both meets and is routinely monitored for compliance with all applicable federal, state, county and Town rules, regulations and requirements for protection of public health, safety and welfare.

Land under unified control to be developed with residential housing in a single development operation or a series of phases or operations, including all dwelling units for which permits have been or will be applied for and/or approved.

An establishment licensed by the Dutchess County Health Department where food and drink is prepared, served, consumed and sold primarily within the principal building or its outdoor terrace or patio area. The term "restaurant" shall not include a fast-food establishment as defined herein. A bar or pub that also serves food shall be considered a restaurant.

An establishment engaged in selling or renting goods or merchandise to the general public in small quantities for personal or household consumption or business use and rendering services incidental to the sale of such goods. A gas station or automobile service station shall not be considered a retail business nor shall a restaurant or other eating and/or drinking establishment of any type.

A temporary structure or farm vehicle whose principal use is the seasonal display and sale of agricultural products grown predominantly on the premises or elsewhere by the operator of the roadside stand and which uses its proximity to a roadway to attract potential customers, where agricultural products grown may be sold and purchased seasonally.

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 operation of a shooting preserve or game or wildlife preserve.

Any parabolic dish, antenna, or other devices or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites.

The horizontal distance measured at a right angle from a front, side and rear property line to a building or other improvement to establish the minimum front, side and rear yard dimensions found in Article IV, Area and Bulk Regulations, of this chapter, or used to carry out yard modifications approved by the ZBA.

See "temporary."

That map or drawing and all related information which together constitute a complete application, submitted for review by the Planning Board in accordance with the requirements and procedures specified in Article VII of this chapter and which shows, among other things, the arrangement, layout and design of the proposed use of a single parcel of land.

A retail establishment offering the sale, rental or repair of small equipment and machinery, such as tractors, riding mowers, walk-behind mowers, power tillers and cultivators, snowblowers, generators and similar small-scale equipment used predominantly for farm and home activities.

The use of any land for the excavation, extraction or removal of more than 800 cubic yards or 1,000 tons of sand, gravel, clay, stone, loam, humus, topsoil or other earth materials within a period of 12 calendar months for sale or exchange or for use other than on the property from which the material is extracted, such use being a regulated activity under both this chapter and the New York State Mined Land Reclamation Law (see "extractive operation") or which otherwise requires a permit in accordance with the New York State Mined Land Reclamation Law.

Unwanted or discarded material, including solid, liquid, semisolid or contained gaseous material.

As this term is used in Article V, § 125-60, a permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

An establishment where small gatherings and events, such as, but not limited to, weddings, parties, fundraisers, small conferences and similar events, are held, subject to the standards set forth in Article VI, § 125-68EEE, of this chapter.

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 herein.

Unconsolidated, sorted sediment, composed of layers of sand, gravel, silt or clay, deposited by meltwater from glaciers.

A public or private right-of-way which provides vehicular access to abutting properties, which may not contain less than 15 feet of frontage on a private right-of-way, which meets the requirements of § 280-a of the Town Law.

The dividing line between a lot and a street right-of-way, as indicated by dedication or deed or record or use in the case of a user road.

A static construction, or assembly, or materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having such a fixed location. Structures shall include, among others, buildings, stadiums, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, tennis courts, gasoline pumps, billboards, signs, artwork, such elements as generators for nonemergency use, satellite dish antennas, and solar and wind energy systems, and mobile homes. Structure shall not include generators sized, intended, installed and maintained exclusively for emergency purposes, utility poles, wires and related equipment.

The division of any parcel of land into two or more lots, plots, sites, or other divisions of land for the purpose, whether immediate or future, of lot line alteration, transfer of ownership, lease for other than recreation, conservation or agricultural purposes, or building development. Such division shall include lot line adjustments or resubdivision of any parcel of land for which an approved plat has already been filed in the office of the Dutchess County Clerk.

A combination of guest rooms, which can include a shared bathroom and other rooms commonly understood to constitute a suite setup, subject to their being permitted in this Code. Suites may provide provisions for cooking.

A parking facility constructed on prepared grade and without a covering roof or structure.

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface water or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

Any outdoor pool or tank, created for the specific purpose of swimming, bathing or other human relaxation, that causes the retaining of water to a depth greater than 18 inches and is subject to the design and safety requirements set forth within the New York State Uniform Fire Prevention and Building Code and Residential Code, Appendix G, Swimming Pools, Spas and Hot Tubs.

A period of not more than 30 calendar days, unless specified otherwise in this chapter.

Traffic is defined in accordance with § 152 of the New York State Vehicle and Traffic Law to include pedestrians, ridden or herded animals, vehicles, bicycles, and other conveyances either singly or together while using any highway for purposes of travel.

A folding structure, mounted on wheels and designed for limited travel, recreation and vacation use only.

A vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation, and vacation purposes, having a body length not exceeding 32 feet and a body width not exceeding eight feet. Travel trailers include a recreational vehicle and a motor home.

See "clear-cutting."

The specific purpose for which land, a building or a building group is designed, arranged, intended, or for which it is or may be occupied or maintained. See related definitions of "accessory use," "nonconforming use," "principal use" and "prohibited use."

A change of use shall include changes from one use group to another under the Table of Use Regulations[11] as well as any change within such land use groups; changes to any other use within the same group, such as in the "business and professional office" group, a change from a real estate office to an insurance office is a change of use, from a law office to an engineer's office is a change of use, and in the "retail business" group a change from a drugstore to a grocery store is a change of use.

A building or use related to municipal offices and services and which may include not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking owned and/or operated by a government agency or not-for-profit corporation.

The controls which enumerate the permitted principal uses, permitted accessory uses and special permit uses, either principal or accessory, within each of the zoning districts established by this chapter.

An establishment for the medical and/or surgical care of sick or injured animals, including facilities for their temporary housing and confinement, and, when operated as an accessory use by the licensed veterinarian, facilities for short-term boarding of animals, sales of animal supplies, and food and equipment; also known as an "animal hospital."

An establishment or other place of business engaged in selling and/or distributing merchandise to retailers, to other wholesalers or to industrial or professional businesses or persons acting as agents or brokers and buying merchandise for or selling merchandise to such businesses.

An open space on the same lot, plot or parcel of land, with a building or building group lying between the closest point of the front, rear or side wall of a building and the nearest lot line, unoccupied and fully open to the sky, except as otherwise provided by the specific provisions of this chapter.

A yard extending across the principal street side (i.e., front lot line) of a lot measured between the side yard lines, the depth of which yard is the minimum horizontal distance between the street line and the main or principal building on the lot.

A yard extending across the full width of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building.

A yard between any lot line other than the street line or rear lot line, and a line drawn parallel thereto, and between the front and rear yards.

The map delineating the boundaries of the various districts established under this chapter which, along with the text, comprises this chapter.[12]

Capacity is considered to be "adequate" if the grade of service is p.05 or better for at least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the communications facility in question, where the cell blocking is due to frequency contention at the antenna(s).

Coverage is considered to be "adequate" within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is greater than -95 dbm. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than -95 dbm, as long as the signal regains its strength to greater than -95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than -95 dbm.

A device which is attached to a communications facility or tower and/or other structure for transmitting and receiving electromagnetic waves.

The space on a communications facility or tower or other structure to which antennas of a communications provider are both structurally able and electronically able to be attached.

The primary sending and receiving site in a wireless communications network. More than one base station and/or more than one variety of communications provider can be located on a single tower or other structure.

A communications facility, including a tower, that is disguised, hidden, part of an existing or proposed structure, placed within an existing or proposed structure or completely hidden by surrounding vegetation is considered camouflaged.

A structure located at a base station designed principally to enclose equipment used in connection with a communications provider's transmissions.

All equipment (including any repeaters) with which a communications provider broadcasts and receives the radiofrequency waves or other signals which carry their services and all locations of said equipment or any part thereof. This facility may be sited on one or more towers or other structures owned and permitted by another owner or entity.

An entity providing communications services to individuals, businesses, institutions or persons, whether such entity is licensed by the FCC or unlicensed.

The unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.

The determination that the new signal from and to the proposed new antennas will not significantly interfere with the existing signals from and to other facilities located on the same communications facility or tower or other structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.

Electromagnetic frequency radiation.

The Federal Aviation Administration.

A property, or any part thereof, which is owned or leased by one or more communications providers and upon which one or more communications facility(ies) and required landscaping is located; also known as "project site."

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

A report and order which sets national standards for levels of radiofrequency emissions from FCC-regulated transmitters.

Gigahertz; one billion hertz.

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 attempt. A lower number, e.g., p.04, indicates a better grade of service.

One hertz is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.

Any change, or proposed change, in power output, number of antennas, change in antenna type or model, repositioning of antenna(s), change in number of channels per antenna above the maximum number approved under an existing special use permit.

Any increase, or proposed increase, in dimensions of an existing and permitted tower or other structure designed to support a communications provider's transmission, receiving or relaying antennas and/or equipment.

Megahertz; one million hertz.

The measurement, by the use of instruments, in the field, of the radiation from a site as a whole, or from individual communications facilities or towers, antennas or repeaters.

The testing protocol, initially the Cobbs Protocol but subject to state-of-the-art advance as technology changes, which is to be used to monitor the emissions from existing and new communications facilities.

A single self-supporting vertical pole with no guy wire anchors, with below-grade foundations.

Computer-generated estimates of the radiation emanating from antennas or repeaters sited on a specific communications tower or other structure. The height above ground, power input and output, frequency output, type of antenna, antenna gain, and the topography of the site and its surroundings are all taken into account to create such simulations. These simulations are the primary tool for determining whether a site will provide adequate coverage for the communications facility proposed for that site; also known as "radial plots."

A small receiver/relay transmitter designed to provide service to areas which are not able to receive adequate coverage directly from a base station; also known as "rerad."

The determination that a tower or other 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. This condition may also be referred to as "structurally able."

A facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmitting in the microwave band.

A structure that is designed to support a communications provider's transmission, receiving and/or relaying antennas and/or equipment.

Any building, structure, or portion thereof used for residential, business or industrial purpose.

A permit issued pursuant to Article X, § 125-106, 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.

A certificate issued pursuant to Article X, § 125-109, of this chapter.

The Code Enforcement Officer appointed pursuant to Article X, § 125-104, of this chapter.

Includes the Code Enforcement Officer and all inspectors.

An order issued by the Code Enforcement Officer pursuant to Article X, § 125-119, of this chapter.

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

An inspector appointed pursuant to Article X, § 125-104, of this chapter.

A permit issued pursuant to Article X, § 125-114, of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.

The person to whom a building permit has been issued.

An order issued pursuant to Article X, § 125-108, of this chapter.

A certificate issued pursuant to Article X, § 125-109D, of this chapter.

The Town of Rhinebeck.

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

Any structures and/or features, such as entrance gates, fences, gazebos, gardens, landscapes, stone walls, hitching posts and signs, which are accessory to the historic building, or the historic buildings, on the property.

A certificate issued by the Planning Board authorizing removal or demolition of an historic building, or portion thereof, even though a certificate of removal or demolition has previously been denied.

A certificate issued by the Planning Board indicating its approval of plans for removal or demolition of an historic building, or portion thereof.

Any building, including residential, commercial, public, institutional and agricultural structures, having one or more of the following characteristics: (1) designated as a "contributing building" within the National Register Hudson River National Historic Landmark District and its predecessor Sixteen Mile District; (2) included within the Evangelical Lutheran Church of St. Peter, Grasmere and Rock Ledge National Register Historic Districts; (3) listed as individual buildings, or building complexes, on the National Register of Historic Places; (4) designated as a "local landmark" by the Town of Rhinebeck; all of which are referred to in Article V, § 125-62, as a "historic building" or "historic buildings." The term "contributing building" shall also apply to any building, or any other structure, that in the future is designated and included as an individual building, or building complex, or a contributing building within a district on the National and/or State Register of Historic Places and/or designated as a local landmark by the Town of Rhinebeck.

Any act or process that destroys an historic building or portion thereof.

A type of building permit issued by the Town Zoning Enforcement Officer pursuant to § 125-106 of this chapter, which is required before an historic building is removed or demolished.

Any building designated as a "local landmark" by the Town Board and referred to in this chapter as an "historic building."

Any building neither identified as a "contributing building" within the National Register Hudson River National Historic Landmark District and its predecessor Sixteen Mile District, included within the Evangelical Lutheran Church of St. Peter, Grasmere and Rock Ledge National Historic Districts, nor either listed as an individual building, or part of a building complex, on the National Register of Historic Places, and/or designated as a "local landmark" by the Town of Rhinebeck.

As applied to either of the terms "demolition" or "removal," a change in exterior building mass involving any modification in either roofline or any reduction in building footprint.

Any relocation of an historic building or portion thereof within its site or to another site.

The angle, measured from the lowest point, between the vertical axis and the first line of sight at which the bare source of light is not visible.

Unit of luminous intensity. One candela is one lumen per steradian. Formerly called the "candle."

Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.

Unit is erg/sec or watts.

A unit of illuminance amounting to one lumen per square foot.

An outdoor lighting fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above the horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated and direct glare will result.

Line-of-sight contact with a direct light source that causes annoyance, discomfort, or loss in visual performance and ability.

The vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.

The emitted or reflected light on a surface. The unit of measurement for illuminance is footcandle or lux.

Light from an artificial light source that intrudes into an area where it is not wanted or does not belong. Light trespass includes glare from direct light, as well as unwanted spill light.

The basic unit of measurement for light. A dinner candle, for example, puts out about 12 lumens, while a sixty-watt soft white incandescent bulb puts out 855 lumens. In technical terms, a "unit of luminous flux"; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. A footcandle is one lumen per square foot. One lumen per square meter is one lux.

A complete lighting unit consisting of one or more lamps (light sources), together with the parts designed to control the light disturbance and other mechanical and electrical components.

A unit of illuminance equal to one lumen per square meter.

The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

An electrically powered illuminating device or other outdoor lighting fixture, including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, flood, and area lighting for, buildings and structures, recreational areas, parking areas, landscaping, signs (advertising and other), streets, product display areas, building overhangs, and open canopies.

An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.

Light shining beyond a facility that is unwanted and which, because of quantitative, directional, or spectral attributes in a given context, gives rise to annoyance, discomfort, distraction, or a reduction in the ability to see essential information.

Any light source that distributes illumination above a ninety-degree horizontal plane.

A lighting unit designed for direct mounting on building walls whose primary function is to light building exteriors.

Any nonrigid material such as fabric or flexible plastic that is supported by a frame that is attached to an exterior wall.

Any visual message on an awning.

A wall sign or monument sign that is externally lighted by use of a low level of light shining out from behind solid lettering, creating a soft glow around the outside of the letters.

An off-premises sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, or service rendered, or commodity sold at a location other than where the sign is located.

A sign with the capability of content change by means of manual or remote input.

Any fabric, banner, or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, or other entity.

Any sign independent of any building but permanently affixed, by any other means, to the ground; included are monument and post-and-arm signs.

The height of a freestanding sign shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including support structures. Elevation added by artificial beams, mounds or similar forms shall be excluded from the calculation of average grade.

A sign lighted by or exposed to artificial lighting that shines through a plastic or other translucent or transparent covering. Neon signs and other similar signs are considered internally illuminated. Internally illuminated signs shall not include backlit signs, as defined herein.

External light used to illuminate a sign.

Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.

Any sign attached to, in any manner, or made a part of a marquee.

A freestanding sign either with a base affixed to the ground or mounted on short poles no greater than two feet high.

A sign containing copy which does not promote a business, commodity, service, or entertainment.

A sign which promotes products, services or activities conducted, sold or offered somewhere other than upon the same premises where the sign is located.

Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not permanently affixed to the ground, a building, structure or another sign. Included are signs displayed on a parked or moving vehicle or trailer or other vehicle and functioning primarily as a sign. This definition does not apply to signs or lettering on buses, taxis, or vehicles operating during the normal course of business.

A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs.

A sign affixed to trees, other natural vegetation, rocks, or utility poles.

An establishment's principal sign, i.e., the sign which identifies the business to passersby.

The face of a building which contains the primary entrance to the establishment.

A sign attached to a building wall or structure that projects horizontally or at a right angle more than nine inches from the face of the building. Such signs shall be securely anchored and shall not swing or move in any manner.

A freestanding sign with the base of the actual sign area at least five feet above the ground supported by a vertical pole.

A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.

A sign erected on a roof or extending in height above the main roofline of the building on which the sign is erected.

A sign which communicates accessory information, e.g., hours of operation, different products sold.

The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly from the property line.

Any material, structure or device, or part thereof, composed of lettered or pictorial matter which is located out of doors, or on the exterior of any building, including window signs over two square feet in area located within three feet of the window surface and intended to be viewed from the exterior of the building, displaying an advertisement, announcement notice or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall include any declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business or cause when the same is placed in view of the general public.

Includes all faces of a sign measured as follows:

Any sign that is displayed only for a specified period of time and is not permanently mounted.

A sign that is painted on or attached directly to the outside wall of a building, with the face of the sign parallel to the wall and having a visible edge or border extending not more than nine inches from the face of the wall.

A sign visible from the exterior of the window but affixed or painted on glass or other window material in the interior of the building or structure.

The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources.

The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated "dBA."

The abbreviation designating the unit of sound level as measured by a sound level meter using the A-weighting, also known as "dBA." All references to "decibel" or "db" shall be presumed to mean "dBA" unless otherwise specified.

The practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated "dB."

Any occurrence or circumstances involving actual or imminent physical trauma or property damage threatened or caused by an emergency that demands immediate action.

A device or system for abating the sound of escaping gases of an internal combustion engine.

Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans in the Town.

An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

The weighted sound pressure level obtained by the use of a sound level meter and dBA frequency weighting network.

An instrument, including a microphone, amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specific manner and which complies with standards established by the American National Standards Institute (ANSI) specifications for sound level meters.