Contemporary use of a building or structure for use other than for which it was originally designed, intended and occupied, e.g., adaption of a former barn as a residential dwelling.

The production of crops, plants, vines or trees.

A strip of land over which there is a right-of-way, publicly or privately-owned, on which no building fronts, which serves as a secondary means of access to two or more properties.

Any addition to a structure, a change or rearrangement in the structural parts or any change in use from one district classification to another or removal of a structure from one location to another.

A facility designed for those persons who are unable to live independently at a particular time. The following is a list of the specific types of alternate care housing:

A person who is unable to live independently and is housed in a facility designed and approved for his or her specific needs.

The keeping, grazing, feeding and care of animals other than household pets and hens. The minimum lot size shall be one acre for each horse, pony or similar large animal, including sheep and goats, which is kept, grazed, bedded or cared for on a property. The term "animal husbandry" shall not be construed to include the activities of fur farms, pig farms or cage-type poultry houses. Animal husbandry is not permitted except on a farm.[1]

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.

Referring to the required area per dwelling unit, shall mean "net land area," the area exclusive of streets and other public open space.

A workshop for one or more artists or artisans, including instruction in arts or crafts and the accessory sale or exhibit of arts or crafts produced on the premises, including custom cabinetmakers, woodworkers and other craftspeople.[2]

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

A story partly underground but having at least 1/2 of its height above the average outside ground level.[3]

The length of a street between two street intersections. Where street intersections are at intervals greater than 1,200 feet, 1,200 feet shall be considered the length of block for purposes of this chapter.

Both sides of the street facing each other, plus the lateral of each corner lot, as defined by 1970 Census.

A structure wholly or partially enclosed with exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, property or business activity. The definition of "building" shall include all attached enclosed bays, garages, and projections.

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

A use customarily incidental to the use of a principal building not occupying more than 25% of the total above-ground-floor area of the principal building thereof, and in the case of a dwelling includes a home occupation only to the extent it is a permitted accessory use in the applicable district and in compliance with the provisions of § 231-31. The 25% area description does not apply to ADUs and hosted short-term rentals.

Any addition to a building, a change or rearrangement in the structural parts or exit facilities or any change in the use from one district classification to another or removal of a building from one location to another.

The horizontal area of the ground floor of a building, as measured from the exterior faces of exterior walls, and including all attached enclosed structures, including but not limited to garages, bays, and projections.

The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

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

An established building or structure lawfully existing prior to and at the time of the adoption of this chapter, or at time of amendment of this chapter, which, because of its inherent nature of construction, does not conform to and with the provisions of this chapter for the district in which it is located.

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

The sum of the horizontal area of all floors of a building, including basements but excluding cellars, as measured from the exterior faces of exterior walls, and including all attached enclosed or partially enclosed structures, including but not limited to garages, bays, and projections.

A building's widest expanse, as measured parallel to the street between exterior faces of exterior walls. For the purpose of measuring building width, "building" shall include all attached enclosed structures, including but not limited to garages, bays, and projections.

A structure not more than 50 square feet in area to provide shelter at school bus and other bus stops.

An amusement show, usually traveling from place to place, having sideshows, Ferris wheels, merry-go-rounds, etc.

A portion of a building having more than 1/2 of its height below the average outside ground level.

A line midway between and parallel to two street or road property lines, or as otherwise defined by the Planning Board.

An exhibition of wild animals and acrobatic feats, together with sideshows and vending concessions.

A structure designed for the practice of dentistry in which nonresident patients are treated.

A structure designed for the practice of medicine in which nonresident patients are treated.

A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

An arrangement of buildings on land where lot size and/or setback regulations are reduced, which maintains the same density permitted in a conventional subdivision.

An establishment where herbaceous and woody plants and related lawn care, landscaping and gardening products are sold to retail and/or wholesale customers. The plants may be grown on or off site.

Any vehicle Class 3 or higher, as defined by the United States Department of Transportation (attached hereto as 231 Attachment I), with the exception of a Class 3 heavy-duty pickup truck; or any piece of equipment used for earthmoving or construction purposes, such as an excavator, bulldozer, backhoe, bobcat, bucket loader, dump truck, or trailer other than a small trailer.

A facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation.[4]

That percentage of the lot covered by the composite area of all principal and accessory buildings.

Building coverage and all other impervious surfaces, including roads, parking lots and parking areas, driveways, walkways, patios, decks, terraces, pools, sports courts, tennis courts, and other impervious areas.

A public or noncommercial establishment that provides for the display, performance or enjoyment by the public of heritage, history or the arts, or that serves as a gathering place for community meetings and recreation, such as museums, art galleries, libraries, theaters and community centers.

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

A facility that operates on a regular basis to provide care for seven or more children under six years of age, other than the children of the resident family.

An establishment which primarily sells prepared food for consumption off premises. A delicatessen does not include a filling station.

The dismantling of more than 50% of a structure above its foundation or the alteration of significant architectural features on the facade of a building through dismantling and replacement of structural members of a building.

Includes drive-in outdoor theaters, refreshment stands, drive-through windows and the like where patrons are entertained in motor vehicles or served in motor vehicles, typically through means of a window, which allows patrons to purchase products or make transactions without leaving their vehicle.

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. "Common driveway" is the term employed to identify a like facility that provides shared access to a maximum of four dwellings or to two or more commercial premises.

An establishment or business maintained for the pickup and delivery of articles for dry-cleaning without the maintenance or operation of any dry-cleaning equipment or machinery on the premises.

Land used for the disposal by abandonment, dumping, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

A house or other building primarily used for human habitation. A nursing or convalescent home, alternate care facility, hotel, motel, or any other similar facility for transient occupancy shall not be deemed to constitute a dwelling. The following are types of dwellings:

A building, or entirely self-contained portion thereof, that provides complete housekeeping facilities, including independent kitchen, sanitary, living, and sleeping facilities, for a single household.

An establishment engaged in the sale or rental of tools, lawn and garden equipment, agricultural implements, and construction equipment, including the incidental storage, maintenance and servicing of such equipment. This term does not include a motor vehicle sales or rental facility.[5]

Any structure or component thereof designed primarily for residential occupancy which is wholly or in substantial part manufactured, intended or designed for permanent installation, or assembly and permanent installation, on a building site.

An occasional or periodic competitive exhibition of farm products and livestock, usually accompanied by amusement features, and for which an admission fee is charged.

A number of persons living together as a single housekeeping unit.

An establishment for the seasonal retail sale of local farm produce and farm products, which may either be conducted as a principal use or as an accessory use and either may or may not involve the installation and use of permanent structures. Such establishment may include multiple vendors.

The principal building used as a dwelling on any tract of land classified as a farm.

The use of a parcel of land of three acres or more either as a principal or accessory use for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides. A garden accessory to a residential use shall not be deemed a farm or farm use. A "customary farm occupation" shall be the conducting of usual farm activities and shall include the process and retail sale of the products of only the farm on which such processing is conducted, including a roadside stand. Farm equipment and materials shall not be stored in required yards. It excludes fur farms, pig farms, cage-type poultry houses, public stables and dog kennels.

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil, and other lubrication substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means or body and fender work.

The sum of the gross horizontal area of the several floors, including the basement of a building and its accessory buildings on the same lot, and including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.[6]

A retail establishment that specializes in the sale or resale of new or previously owned or used furniture and/or decorative objects suitable for a dwelling.

A garage not conducted as a business or used for the storage space for more than one commercial vehicle, which shall be owned and/or operated by a person residing on the premises.

A garage conducted as a business. The rental of storage space for more than two passenger cars or for one commercial vehicle not owned by a person residing on the premises shall be deemed a business use.

An agency or division of a federal, state or municipal government or an entity organized under the New York State Not-for-Profit Corporation Law or which is organized under the not-for-profit laws of another state in which surplus income is not distributed to shareholders.

The elevation of the center line of the streets as officially established by the Village, county or state highway authorities.

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

A female domestic chicken (Gallus gallus domesticus). Roosters and other types of domestic fowl are intentionally excluded from this definition.

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 the 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 § 231-31 of this chapter. The term "home occupation" shall include the provision of day-care services for six or fewer children, as defined by New York State, who are not residents of the dwelling. The term "home occupation" shall not include short-term rentals as defined herein.[7]

An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment and which excludes the treatment or other care of humans.

One or more structures where overnight accommodation is provided for transient occupancy for compensation and which may also include dining rooms, kitchens, serving rooms, ballrooms and other facilities and services intended primarily for the accommodations of its patrons, including but not limited to a traditional inn or bed-and-breakfast.[8]

A business located on the ground floor that sells items or services to customers over the internet, and which also includes a storefront retail business on the ground floor facing the street.

Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass or fabric or otherwise, for the purpose of disposing of the same or for any other purpose; such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only.

Any establishment, including cages, dog runs and structures wherein more than three dogs which are over six months old are harbored.[9]

A use engaged in research and development activities, or the manufacturing (predominantly from previously prepared materials) of finished products or parts, including processing, fabrication, assembly, treatment, packaging, and incidental storage, sales or distribution of such products, that does not emit objectionable levels of smoke, noise, dust, odor, glare, or vibration beyond the property boundaries.

A piece, parcel or plot of land occupied or designed to be occupied by a principal building and its accessory building or buildings and including the yards and other open spaces required by this chapter.

A lot which has an interior angle of less than 135° at the intersection of two street lot lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points beginning within the lot or at the points on intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.

The horizontal distance from the street line of the lot to its opposite rear line measured along the median between the two side lot lines.

That side of a lot measured along the right-of-way of any Village, county or New York State highway or along any user highway. A corner lot shall be considered to have two such frontages.

A lot other than a corner lot.

The lines that bound a lot as defined herein.

Any lot which has been established as such by plot, survey, record or deed prior to the date of this enactment as shown on the records of the Dutchess County Clerk's office.

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

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

Any operation (other than in connection with foundations for a structure or highway construction) involving:

Any vehicle or similar portable structure with or without a foundation or wheels, jacks, skirtings, wood or masonry block supports, designed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall also include the term "house trailer." A factory-manufactured (constructed) home approved by the New York State Building Council in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code and as provided for in the New York State Executive Law, Article 18-B, Uniform Standards Code for Factory Manufactured Homes Act, shall not be deemed to be a mobile home.

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

One or more structures where overnight accommodation is provided for transient occupancy for compensation, containing sleeping rooms with provisions for off-street parking and separate toilet facilities and hot and cold running water for each rental unit.[10]

A facility for lubricating and other servicing of motor vehicles, but not including the painting thereof by any means or body and fender work, and excluding a filling station.

Storage and display for sale, rental, or lease of more than two new or used motor vehicles or any type of trailer, and where repair work or service is incidental to the operation of the vehicle sales and rentals.

Any use conducted or service provided by the Village of Tivoli, or any department or agency of the Village of Tivoli, including but not limited to water and sewer, roads, parks, public utilities, government buildings, police and fire.

A school designed to provide daytime care and instruction for two or more children from two to five years of age inclusive and operated on a regular basis.

Any establishment where persons are housed or lodged and furnished with meals and nursing care for hire. See also "alternate care housing."

The utilization of a building, structure or land.

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

A structure or part thereof used for the purpose of conducting a business or providing professional services and not involving the manufacturing, storage, display or direct retail sale of goods. The term "office" does not include medical or dental clinics, or offices that are incidental and accessory to another business or sales activity that is the principal use.

A map as may be adopted and revised by the Board of Trustees, pursuant to the provisions of § 7-724 of the Village Law, which shows streets, highways and parks theretofore laid out, adopted and established by law and which may show drainage systems.

An unoccupied space open to the sky.

Open land which is undivided, unoccupied, undeveloped and permanently preserved to prevent future subdivision, occupancy and/or developments as required by the terms of this chapter.[11]

An open area set aside for use by the public.

A public or private area of land, with or without buildings, intended for outdoor active or passive recreational activities. The term "public and private park" shall not include a municipal use.

An area of land, not less than nine feet by 18 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.

An establishment primarily engaged in providing services to the general public involving the care of a person or a person's apparel, including, but not limited to, laundries, barber- and beauty shops, tailor shops, and exercise or dance studios. A personal service establishment does not include a retail business, restaurants, or other uses separately listed in the Use Table.

Any building where persons regularly assemble for religious worship and/or related educational, social, cultural and fundraising activities, and which building is maintained and controlled by a recognized religious body organized to sustain public worship. Use of a place of worship for other than religious worship must otherwise meet the standards for such use in this chapter.

A porch open on three sides, except for wire screening. A porch shall not be considered open if enclosed by either permanent or detachable glass sash. A structure having a driveway running under it or through it shall not be considered to be an open porch.[12]

The domicile that a natural person and persons inhabits for the majority of the year.

A natural person who inhabits and resides in a primary residence.

An establishment where food and drink are prepared, served, consumed and sold primarily within the principal building or its outdoor terrace or patio area.

An establishment that sells goods in small quantities directly to customers who are physically present in the establishment, and rendering services incidental to the sale of such goods. A motor vehicle service facility, equipment sales and rental, filling station, motor vehicle sales or rental, drive-in or drive-through business, restaurant or other eating and/or drinking establishment, furniture store, and retail internet sales business shall not be considered a "retail business."

Any establishment where horses are kept for riding and driving for compensation or incidental to the operation of any club, association, ranch or similar establishment.

A structure where products grown on the premises or elsewhere by the operator of the roadside stand may be sold and purchased.

Occupants of a dwelling unit who are sheltered or fed for remuneration for 30 or more consecutive days/nights, and who may share kitchen, bath, living, or sleeping facilities.

An apparatus capable of receiving television or radio signals from orbiting satellites.

Any school having regular sessions with regularly employed instructors who teach those subjects that are fundamental and essential in general education under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body or a private corporation meeting the requirements of the state.

Same as "elementary school," except secondary education is provided.

Any school having regular sessions with regularly employed instructors who, as a principal activity, provide training in a trade or vocation and teach those subjects that are fundamental and essential in elementary or secondary education or postsecondary education, under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or a corporation meeting the requirements of the state.

The accessory use of a dwelling for an occupancy of fewer than 30 consecutive days. The term "short-term rental" does not include hotel or motel, as defined in the Village of Tivoli Zoning Law. There are two types of short-term rentals, as follows:

Any structure or part thereof, attached thereto, or painted or represented thereon, which shall display or include any letter, work, model, banner, flag, pennant, insignia, device or representation, but not including the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like organization on the property thereof.

A sign which directs attention to a business, profession or industry located on the premises where the sign is displayed, to the type of products sold, manufactured or assembled and/or to service or entertainment offered on said premises.

A sign advertising the sale of farm products primarily raised on the premises.

A sign used to identify the individual or organization occupying the premises or the name of the building or structure in connection with which the sign is displayed.

A sign advertising property on which it is located, or a building thereon, for sale, rent or lease.

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

A building in which horses are kept for remuneration, hire or sale.

Land used for the keeping of goods, wares or supplies on land outside of any building or structure.

That part of a building, included between any floor, other than a cellar floor and the floor or roof next above.

Any public way dedicated to public travel.

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

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including tents, lunch wagons, dining cars, mobile homes, billboards, signs and similar structures, whether stationary or movable.

Any addition to a structure, a change or rearrangement in the structural parts or any change in use from one district classification to another or removal of a structure from one location to another.

Any body of water (excluding natural bodies of water fed by rivers, streams, brooks or springs) or receptacle for water having a depth at any point greater than two feet and used or intended to be used for swimming or bathing and constructed, installed or maintained in or on the ground outside any building.

See "bar or tavern."

An outdoor or indoor area, structure or part of a structure used for showing motion pictures or for dramatic, dance, musical, or other live performances.[13]

Any vehicle not propelled by its own power, drawn or intended to be drawn on public highways by a motor vehicle, having a body length, including hitch, not exceeding 14 feet and a body width not exceeding eight feet.

A finished space within a dwelling unit with a ceiling height of at least seven feet. In rooms with sloped ceilings (such as finished attics), "usable square feet" shall be that portion of the room with a ceiling height of at least five feet if at least 1/3 of the finished area of the room has a ceiling height of at least seven feet.

The specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.

A use which is customarily incidental to and subordinate to the principal use of a premises, building or structure and located on the same premises as the principal use, building or structure.

An established use of a building or structure or use of land lawfully existing prior to and at the time of the adoption or amendment of this chapter that does not conform with the permitted use provision of this chapter as they apply to the district in which the building structure or land is located.

A readily movable unit mounted on wheels, parked either temporarily or seasonally, out of which flowers, food or beverages are served to the public.

Lands where saturation with water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil and on its surface. Examples include swamps, bogs, meadows and marshes.

An unoccupied space open to the sky on the same lot with a building or structure.

An open space extending across the entire width of the lot between the front building line or front main wall of a building and the nearest edge of the road pavement.

An open space extending across the entire width of the lot between the rear line of the lot and a line parallel to the rear line of the lot at a distance from the rear line of the lot specified for the zoning district in which the lot is situated.

An open unobstructed space on the same lot with a principal building between the principal building and the side line of the lot and extending through from the front yard to the rear yard.

The Zoning Enforcement Officer appointed pursuant to § 231-53 and any Acting or Deputy Zoning Enforcement Officers.