A use or structure that is subordinate to the principal use on the same lot and serving a purpose typically incidental and well established to the principal use. In order for a use or structure to be deemed an accessory use/customary incidental accessory use, it must be: (a) subordinate to the principal use on the same lot, (b) serving a purpose that is typically incidental and well established to the principal use, and (c) unity of ownership between the principal and accessory uses. In no case shall such accessory use dominate in land area, extent, surface area, gross floor area or purpose to the principal use but be minor in its association with the principal/primary use. Examples of customary residential accessory uses and structures are decks, satellite dish antennas, outdoor fireplaces, patios, garages, carports, domestic gardens, and sheds. Examples of customary commercial accessory uses and structures include parking, loading docks and areas, signs, and the like. Accessory parking only is permitted to exceed in size, the size of the principal use, and be deemed accessory.

An area equivalent to 43,560 square feet.

For purposes of regulating wireless communication facilities, coverage is considered to be adequate within the service area of the Town of Tuxedo if the minimum standards set forth by the Federal Communications Commission to permit an applicant to operate a personal wireless communication services are met.

A facility with a required number of medical professionals providing care for individuals with physical or mental impairments, in accordance with a strict staff/patient ratio, for more than five hours a day but less than 24 hours a day. Centers may be run by an individual, association, corporation, or institution licensed by the New York State Department of Social Services pursuant to 10 NYCRR 425.

Includes adult bookstores, adult video stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets, and adult drive-in theaters, which shall be defined as follows:

Any establishment which offers or purports to offer massage or other physical contact to patrons. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants and electrolysis, martial art studios and dance studios are not to be considered adult physical contact establishments.

Any business which:

Any use involving the processing of stone, soil, wood, metal, or other raw materials through crushing, sifting, sorting, material screening, splitting, blasting or other means.

A use involved in the processing, warehousing, distribution, marketing and retailing of agricultural products and which is not otherwise defined in this Zoning chapter, including food preparation and packaging, farm equipment manufacturing and like industries. This definition shall not include slaughterhouses, animal rendering, high density animal farming, or vertical farming which demand high quantity of input such as water, or similar uses.

Land and on-farm buildings, equipment, uses, activities, and practices which contribute to the production, preparation, and sale of crops, livestock and livestock products as a commercial enterprise. Horse boarding operations are deemed agricultural uses. The term "agriculture" specifically excludes slaughterhouses and concentrated animal feeding operations (e.g., factory farms for high-density animal production). Timber operations are not permitted as an agricultural use. The production of compost, soil or other biomass products is not an agricultural use but is allowed solely where it is accessory to and a product of the operation of an agricultural use. The clearing of land for an agricultural use is permissible, provided an applicant has first obtained a clearing, filling and grading permit specifically for said purposes and any other permits and approvals from applicable agencies.

Activities conducted in association with an agricultural use and offered to the public, including the sale of agricultural products, education, recreation or active involvement in the farm operation. An agritourism activity is secondary to the principal agriculture use. Agritourism activities may be conducted in an accessory building. Agritourism activities include, but are not limited to, "u-pick" operations.

A change or rearrangement in the structural parts of a building including any enlargement.

Wireless communication towers (as later defined herein) that lessen the visual impact of such towers through the use of man-made trees, clock towers, bell steeples, light poles and similar alternative designs, including structures that camouflage or conceal the presence of antennas or towers. Structural designs intended to conceal antennas or towers is also referred to as "stealth" design.

An establishment accredited by the American Animal Hospital Association or similar national accreditation where animals are provided medical care by a NYS licensed veterinarian and where the boarding of animals is short-term and clearly incidental to its medical care.

Any building, structure or premises in which domesticated household pets, such as dogs and cats, are kept, boarded or trained.

Facilities and land used to house, protect and rehabilitate animal species. For purposes of this Zoning Chapter, permissible animals shall include those which are indigenous to the northeast, as well as any avian species, and those that do not to pose a health or safety concern to adjoining uses as may be determined by the Planning Board during review of an application. The animal sanctuary shall be accredited by the American Sanctuary Association.

A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications.

A retail use involving the sale or trading of articles of which 80% or more are over 50 years old or have collectible value.

A property owner, or a person authorized by the property owner to make an application, seeking a determination or decision from the Code Enforcement Officer, Planning Board, Town Board, ARB or Zoning Board of Appeals with regard to this Zoning Chapter.

Architectural Review Board of the Town of Tuxedo. In accordance with Article IV, the functions of the ARB are currently performed by the Planning Board.

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this Zoning Chapter.

A retail use engaged in the sale, loan or display of art books, paintings, sculpture, or other works of art. This use does not include libraries and museums.

A commercial use involving the sale of gasoline and any other motor vehicle fuel, oil and other lubricating substances, which may or may not include electric vehicle charging or the sale of minor motor vehicle accessories, and which may or may not include facilities for otherwise servicing motor vehicles, but not including the painting thereof by any means. This use also may include a convenience store for the sale of prepared foods, household goods and groceries.

A commercial use wherein motor vehicles, including their mechanical systems and body structure, are repaired. This use also includes automotive painting conducted in conjunction with the repair work.

A commercial use for the sale and consumption of alcoholic beverages primarily on site and for the purchase of prepared food such as sandwiches, soups, and similar items as an accessory use as may be required or permitted by applicable New York State licensing requirements.

The space of a building that is partly below grade which has more than half of its height measured from floor to ceiling above the average established curb level or finished grade of the ground adjoining the building.

A zoning district that establishes the regulations governing allowable land uses and bulk dimensional requirements for a specific geographic area of the Town of Tuxedo.

Overnight accommodations in an owner-occupied single-family detached dwelling or on the same premises, involving the rental of guest sleeping rooms, with meal service served to guests but with no full-service restaurant facilities.

A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.

A non-relative person that occupies a bedroom in a dwelling unit and who pays cash or offers a noncash service (e.g., the conducting of chores) as remuneration for occupying said room.

An establishment containing sleeping rooms with or without kitchen facilities, together with bathrooms shared in common with other guests who are not a family and that are designed or intended to be occupied and rented.

Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no building were present; the term "building" shall include the term "structure" as well as the following:

A facility or area of land for the storage of materials, equipment and/or commercial vehicles utilized by building and construction contractors, craftsmen and tradesmen, and may include offices related to such activities. Retail or wholesale trade of any contractor materials or supplies is not a permitted accessory use. Aggregate material processing of organic or inorganic materials including rock crushing, mulching, or soil screening is also not a permitted accessory use. The outdoor storage of materials and equipment shall require a special use permit from the Planning Board.

The Code Enforcement Officer of the Town of Tuxedo.

A line, parallel to the street line, which passes through the plane of the principal building nearest the front lot line.

A building or buildings in which is conducted the principal use of the lot on which said building is located.

A use, building or structure which does not conform to the bulk requirements of this Zoning Chapter for the district in which it is situated.

An area of land in which office and other nonindustrial, commercial uses grouped together and constructed as part of a planned development sharing common utilities and roadways, and wherein said uses are designed in a park-like setting with common signage and architectural design. A business park may be in a single ownership but shall managed under unified control. The site may be subdivided into individual parcels or may be maintained in single ownership, but it must be operated and managed under unified control. A Business Park allows nonindustrial, nonresidential uses that are otherwise allowed in the applicable zoning district. The uses in the business park shall otherwise meet any special use permit standards for individual uses.

Mechanical facilities for the washing, waxing, and vacuuming of passenger vehicles, recreational vehicles, light-duty trucks and vans, but not heavy-duty trucks or trailers.

A dwelling occupied by a guard or caretaker who is responsible for managing or providing security to a residential or nonresidential use located on the same lot as such use. Only one accessory dwelling and only one caretaker, guard or watchman shall occupy the lot which they serve, and the accessory dwelling shall comply with the bulk requirements applicable to the principal use and any specific bulk requirements established for this use.

That space of a building that is partially or entirely below grade which has more than half of its height measured from floor to ceiling below the average established curb level or finished grade of the ground adjoining the building. A cellar shall not be considered in determining the permissible number of stories.

Land and buildings, whether privately or publicly owned or operated, used for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle. Such term shall also include land and accessory buildings including but not limited to ground-maintenance-related storage facilities, tools and equipment. A crematory is not deemed an accessory use or building to a cemetery.

Facilities serving 10 or more dwellings on a lot or more than one lot with collection and treatment of wastewater prior to discharge to an approved disposal location or any centralized system requiring NYS Department of Health permits.

Facilities providing 10 or more dwellings on a lot or more than one lot with a common water supply or any centralized system requiring NYS Department of Health permits.

The Zoning Chapter of the Town of Tuxedo.

A program or facility caring for children for more than three hours per day per child in which "child day care" is provided by a "child day-care provider" except those programs operating as a "group family day-care home," a "family day-care home," and a "school-age child-care program." The quoted terms are as defined in Section 390 of the New York Social Services Law. A child day-care center shall be registered or licensed with the New York State Office of Children and Family Services.

A method of harvesting where substantially all trees on a site are removed. This term shall include the topping of trees and tree cutting regardless of whether a tree stump and roots remain.

Any activity that removes the vegetative surface cover. This term shall include the topping of trees and tree cutting regardless of whether a tree stump and roots remain.

An accessory building or structure used as a private club or social organization center. Examples include a golf clubhouse or a clubhouse for a homeowners' association within a multifamily residential development.

A subdivision plat or plats, approved pursuant to this Zoning Chapter, and consistent with the provisions of Section 278 of New York State Town Law, in which the Zoning Chapter is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.

An officer duly appointed by the Town Board, whose position is established by Chapter 37 of the Code of the Town of Tuxedo, NY, and responsible for the enforcement of the provisions of this Zoning Chapter. Also referred to herein as "CEO."

The cutting and removal (harvesting) of trees from a tract or tracts of land totaling 25 or more acres in any one year pursuant to a CFG permit, excluding, however, five standard cords which may be cut annually by the owner for his own use. Selective cutting only is allowed. The clearing of lands for agricultural or building purposes or utility line rights-of-way shall be excluded from this definition.

Recreational activities conducted entirely within a building, including team or individual sports and related health and exercise facilities operated on a commercial or fee basis. An indoor recreation use may include accessory uses, such as food service facilities, meeting rooms, video or computer game facilities, sales of sport- or exercise-related equipment or clothing, and other accessory uses clearly incidental to the recreational activity. Indoor commercial recreation uses include, but are not limited to, a gymnasium, fitness center, bowling alley, skating rink; tennis and other racquet courts, field house, indoor track, indoor basketball, indoor pool house, indoor shooting range.

Recreational activities conducted outside of a building which include: ball fields for soccer, baseball, softball, and similar sports; tennis and racquet courts; swimming; non-motorized bike trails; hiking; miniature golf; and similar outdoor activities conducted on a commercial or fee basis. An outdoor recreational use may also include accessory uses and buildings, such as a clubhouse, food stand, offices, and other uses accessory and incidental to the outdoor commercial use. Outdoor recreation includes batting cages and driving ranges. Golf courses are regulated as a separate use.

Any vehicle licensed and used in the operation or conduct of a business, whether or not said vehicle is situated on the lot on which said business operates.

All areas of a property held in common ownership for common use. Common facilities may include but are not limited to: land on which common buildings are located; yards, gardens, recreational or community facilities, parking areas and storage spaces; all other parts of a development necessary or convenient to its existence, maintenance and safety, and in common use.

The most recently adopted Town of Tuxedo Comprehensive Plan.

A building or buildings designed for conferences, seminars, meetings, and accessory uses used principally by conference center patrons, such as restaurants or recreation facilities.

An easement, covenant, restriction or other interest in real property which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property.

A type of medical care facility which may or may not be staffed by medical professionals providing short-term overnight care and recovery for persons after surgeries and illness. Also refers to an inpatient rehabilitation facilities or nursing facilities.

A retail business that may stock a variety of household and food items including groceries, alcoholic beverages such as beer, snacks, tobacco products, toiletries, magazines, newspapers, and sundries.

The percentage of the area of a lot covered by all principal and accessory buildings.

The percentage of the area of a lot covered by buildings, structures, parking areas, and other impervious surfaces on a lot.

A studio or other space used by an artist or artisan for the development, display, and sale of art or the instruction in a personal artistic skill such as fine arts, crafts, dance, martial arts, yoga, music, and similar uses.

An indoor or outdoor facility for the live performance of dance, drama, music, or similar artistic performances, including but not limited to amphitheaters, pavilions, concert halls and other musical and performing arts performance areas together with administrative, food service, interpretive and learning centers and museums, parking, seating facilities together with various other accessory uses to accommodate performing arts patrons. Instructional courses in the performing arts are allowed accessory to an arts center. This definition does not include facilities principally used to display movies or other non-live performances. Nothing herein shall be construed to permit adult entertainment uses in conjunction with a cultural and performing arts center.

The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.

A commercial use where a combination of professionally administered personal care treatments such as massages, facials, body wraps, salt scrubs, and other body treatments are performed. Manicures, pedicures, and hair salon uses may also be conducted. The facility is only visited in connection with a treatment and only on a daily basis and the visitation does not involve an overnight stay or accommodation. If any such services are required to be licensed by the State of New York, then no such services may be conducted without a valid and current license.

See "coverage, development."

The practice of harvesting all of the trees on a parcel that are larger than a certain diameter.

An establishment with physical facilities, service or by packaging procedures, that allows customers to receive services and obtain goods while remaining in their motor vehicles. Where permitted, drive-through facilities are allowed accessory to a principal use only and shall require a special use permit.

A commercial use for pickup and delivery only of dry-cleaned garments or laundry. Tailoring services are allowed accessory to a dry-cleaning establishment.

An area, lot or parcel where refuse is deposited, stored, or abandoned.

A building or entirely self-contained portion thereof containing complete housekeeping facilities for one family, having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A house trailer, boarding house, convalescent home, fraternity or sorority house, hotel, lodging such as hotels, nursing or other similar home or other similar structure shall not be construed to be a dwelling unit.

A building containing three or more dwelling units each on its own lot in which each unit (1) extends from the foundation to the roof, (2) has open space on at least two sides, and (3) has a separate means of egress. Also commonly referred to as a "townhouse."

A detached building on a single lot containing one dwelling unit only.

A building consisting of two dwelling units, which do not share a common floor or ceiling, but which share a party wall, each dwelling on its own individual lot.

A building on a single lot containing two dwelling units which share a common floor or ceiling.

A building on a single lot consisting of three or more dwelling units that share a common floor or ceiling.

A facility in which activities associated within the development and production of sound, film, video and similar media take place. Nothing herein shall be construed to permit an adult use business in connection with an entertainment production studio.

The architectural style and general arrangement of any portion of the exterior of a building visible from a road, sidewalk or other public way including kind, color and texture of building materials and type of all windows, doors, lights, signs, fixtures, or other accessory structures appurtenant thereto.

One person occupying a dwelling unit, or two or three persons occupying a dwelling unit who pay a single shared amount for rental or mortgage purposes, or four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family. It shall be presumptive evidence, subject to rebuttable presumption, that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

A family home which is a personal residence and occupied as a family residence which provides a child day care on a regular basis for more than three hours per day per child for three to six children for compensation or otherwise, except as may be otherwise be regulated in accordance with 18 NYCRR Part 417, as may be amended from time to time, and registered by the New York State Office of Children and Family Services.

A family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours per child for seven to 12 children for compensation or otherwise, except as may be otherwise be regulated in accordance with 18 NYCRR Part 416, as may be amended from time to time, and licensed by the New York State Office of Child and Family Services.

A building and premises for the seasonal sale of agricultural products grown primarily within the Hudson Valley region.

A structure used for the seasonal display and sale of agricultural products grown on the premises on which the stand is located, and which uses its proximity to a roadway to attract customers.

Acronym for "Federal Emergency Management Agency."

An unroofed wall or barrier or construction of materials made from concrete, wood, plastic, wire, stone or other materials erected on premises for the purpose of enclosing an area of land, including berms and retaining walls if located beneath same.

The placement of soil, rubble, spoils, rocks and/or any other appropriate fill on any property for the purpose of raising or elevating any portion of a property. "Filling" shall not include the burying of garbage, demolition or construction waste, trash or hazardous materials of any kind. The placement of fill containing garbage, demolition or construction waste, trash or hazardous materials is prohibited.

The gross floor area, in square feet, of all principal and accessory buildings on a lot divided by the area of such lot, in square feet.

The sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Cellar areas used for storage only or to house mechanical equipment for operation and maintenance of the building shall be excluded from the computation of gross floor area.

All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square-foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter, with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.

A unit of illuminance amounting to one lumen per square foot as measured 36 inches above the ground at the brightest point.

A nonresidential commercial facility used for the bulk storage of fuel oil or petroleum products from which the product is transported to end users or other off-site storage facilities. A fuel storage depot has aboveground storage tanks for the storage of fuel and may also include offices and accessory parking for employees and vehicles to distribute fuel to customers.

A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.

The eye's line of sight contact with a direct light source that causes annoyance, discomfort, or loss in visual performance and ability.

Premises having not fewer than six holes improved with tees, greens, fairways, and hazards for playing the sport of golf, excluding miniature golf. Accessory structures and buildings may include but are not limited to a driving range, clubhouse, locker room, food stand, restaurant, banquet or conference rooms. Overnight accommodations are not permitted. A single dwelling for a groundskeeper is permitted subject to the regulations set forth in this Zoning Chapter. Golf courses, whether private or public, shall be regulated as set forth herein.

Any act by which earth, sand, gravel, rock, or any other similar material is cut into, dug, uncovered, removed, displayed, or spread.

A retail use that sells primarily food and miscellaneous other household goods and is usually operated on a self-service basis. A grocery store may also have a deli counter, butcher, florist, bakery, and other service counters associated with its operation.

Any habitable room used as a sleeping accommodation for transient occupancy in a bed and breakfast, hotel, motel or resort lodge.

Material which is a present or potential hazard to human health or the environment including, without exception, all residual oil, hydrocarbon products, including but not limited to gasoline, oil, fuel, and diesel oil, and also any other toxic, caustic, or corrosive chemicals, radioactive materials or other substances listed in the Title 40 of the Code of Federal Regulations or the New York State Department of Environmental Conservation Rules and Regulations for Hazardous Material (6 NYCRR 597)

A building where active exercise and related activities are performed utilizing weight control or muscle-building equipment or apparatus for the purpose of physical fitness. A health fitness facility may also include, as accessory uses, services and activities provided in conjunction with a day spa, a day-care room, physical therapy activities, and refreshments.

Assembly or packaging of products from previously prepared components or materials, including but not limited to metal, wood, cloth, plastic, paper, leather, precious or semi-precious stones. No more than 35% of the gross floor area of an assembly use shall be used for distribution of assembled materials, which shall include any area dedicated to loading platforms and loading docks.

The height of the luminaire shall be 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 vertical distance, measured from the average elevation of the finished grade along the side of the structure fronting to the nearest street, to the highest point of such structure, excluding a chimney.

Any nonresidential use conducted wholly or partly in a dwelling unit or accessory structure thereto by the owner of same, which is clearly incidental to the use of the dwelling for living purposes and does not change the residential character of the dwelling unit or vicinity or have any exterior evidence of such secondary use other than a sign and where customers, clients or sales representatives enter the premises and in which not more than three nonresidents are employed.

Any nonresidential use that is incidental and clearly subordinate to an existing residential use, conducted within a dwelling unit or in an existing accessory structure by the owner of same, which does not change the residential character of the dwelling unit or vicinity and where no nonresident employees, customers or clients enter the premises and where no signage, exterior storage of products or equipment are required.

An association that is organized in a development to own, operate and maintain facilities for residents of the development.

A horse boarding operation provides care, housing, health, related services and training to horses kept on the premises or on other properties owned or leased by the operator. Riding and training activities not open to the general public, which are directly related and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the operator for the horse that is boarded at the farm, are part of the operation. Riding academies and horse racing operations are not deemed to be a horse boarding operation.

A hospital is a facility established pursuant to Article 28 of the New York State Public Health Law as the same may be amended from time to time engaged in providing medical or medical and surgical services primarily to inpatients by or under the supervision of a physician on a twenty-four-hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. The term 'hospital' shall include such other and related facilities which may or may not be established pursuant to Article 28 of the New York State Public Health Law, including but not limited to laboratories, outpatient, diagnostic and treatment facilities and pharmacy, together with the appropriate office and related support facilities. A hospital shall be deemed to include a sanitarium, clinic, convalescent home, nursing home, rest home, or other building with an equivalent appellation. The term 'general hospital' shall not include a residential health care facility, public health center, diagnostic center, treatment center, outpatient lodge, dispensary and laboratory or central service facility serving more than one institution.

Density of luminous flux incident on a surface. The unit is a footcandle or lux.

The Illuminating Engineering Society of North America is a nonprofit organization that develops and publishes standards regarding lighting. Headquartered in New York City, United States, IESNA standards are in effect throughout all of North America with its nearly 8,000 members. Internationally, IESNA collaborates with the International Commission on Illumination to promote uniformity with the rest of the world.

Manmade surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water. This includes paved, concrete and gravel surfaces (i.e., parking lots, driveways, roads, runways and sidewalks), building rooftops and miscellaneous impermeable structures such as patios, pools, and sheds.

Any area of land, including buildings thereon, which is used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof. Two or more motor vehicles stored outside without current license plates for a period of 30 days shall constitute a junkyard.

A building for experimentation in pure or applied research, design, development and production of prototype machines or of new products, and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products. A laboratory shall meet the performance standards set forth in this Zoning Chapter.

An area for the collection, storage and loading of timber for transportation.

Lighting, which is positioned and aimed to illuminate foliage, walkways, driveways, decks, patios, and other pedestrian areas whether or not mounted on a structure.

The sale of landscape materials, including the sale of trees, shrubs, or plants. Sale and storage of garden supplies, including hand tools, mulch, soil, decorative rock, pavers, and similar nonvegetative materials shall be allowed only where clearly incidental to the principal use and said accessory materials shall not occupy more than 15% of the lot area. The materials aggregate processing of organic or inorganic materials including rock crushing, mulching, or soil screening are not permitted in conjunction with this use.

A commercial establishment equipped with individual clothes washing and/or drying machines that are operated by the retail customer.

A room, building, or institution where a collection of books, newspapers, records, tapes, or other research materials are kept.

Assembly or packaging of products from previously prepared components or materials, including but not limited to electrical parts, metal, cloth, plastic, paper, leather, precious or semi-precious stones, which is conducted on a small scale, which does not involve the use of heavy-duty vehicles for delivery of materials or distribution, and which shall occupy no more than 5,000 square feet of gross floor area. Any use exceeding this gross floor area, or which relies on heavy duty vehicles shall be deemed a heavy assembly use.

A use engaged in the manufacture, predominately from previously prepared components or materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, and incidental storage, and distribution of such products, but excluding basic industrial processing. A light industry use shall be required to meet the performance standards set forth in this Zoning Chapter.

Fully shielded luminaire light fixture which can control the glare in any direction.

Gasoline and other petroleum products which have a flash point below 100° F. to be dispensed through fuel service facilities.

Animals, including but not limited to domestic animals, such as pigs, sheep, horses, cattle, llamas and goats, but excluding traditional household pets.

A parcel of land whose boundaries are established by legal instrument, such as a recorded deed or map, and which is recognized as a separate parcel for the purposes of transfer of title.

The distance between the front lot line of a lot to the rear lot line of such lot measured at any point perpendicular to the front lot line.

The horizontal distance measured along the full frontage of the front lot line. For purposes of meeting minimum lot frontage requirements, the minimum lot frontage must be contiguous, i.e., minimum lot frontage shall not be met by the sum of multiple frontages.

A boundary line of a lot.

The lot line abutting the street except that where a front lot line is located within a street (e.g., public user road), the front lot line shall be the line set back a minimum distance of 25 feet from the center line of the street.

The lot line generally opposite and parallel to the front lot line.

Any lot line other than a front lot line or rear lot line.

The distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum required front yard depth.

A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.

A lot not meeting the minimum required lot width as measured at the required front yard line but having the required lot width measured at a point somewhere in the interior of the lot. Flag lots are not permitted.

A lot, other than a corner lot, having lot frontage on two streets.

A complete lighting system, including a light source component (lamp or lamps that produce the actual light) and a fixture.

One lumen per square meter; unit of illuminance.

A building or buildings with accessory parking and loading areas providing for a variety of retail, commercial and other nonresidential uses, as may be allowed in this Zoning Chapter, managed as a unit and which shall have the following characteristics:

Governmental buildings and uses that are owned or operated by the Town of Tuxedo, the Tuxedo Fire District, the Tuxedo Ambulance Corps, the Tuxedo Library, or public school district servicing the Town of Tuxedo, or other uses so determined by the Town Board.

A place or building where objects of historical, artistic, or scientific interest are exhibited, preserved, or studied and open for viewing by the general public.

Timber Harvesting Guidelines for New York, as published by the New York State Department of Environmental Conservation, as revised from time to time.

See "bulk, noncomplying."

Any use of a building, structure, lot or land, or part thereof, lawfully in existence, which use, owing to an amendment to the Zoning Chapter, no longer conforms to the use regulations of this Zoning Chapter for the district in which it is located.

A facility registered by the New York State Education Department and organized for the purpose of educating a group or groups of six or more children less than seven years of age, under the supervision of qualified teachers, providing an adequate program of learning activities and maintaining good standards of health and safety.

New York State Department of Environmental Conservation.

New York State Department of Transportation.

New York State Office of Parks, Recreation, and Historic Preservation.

A use where services are performed involving predominately administrative or clerical operations for either business or professional purposes as follows:

The Official Map, adopted by the Town Board, of that part of the Town outside of the limits of any incorporated village, showing the streets, highways, parks and drainage systems laid out on such map, including any references to more detailed maps and studies. The Official Map is final and conclusive with respect to the location and width of streets, highways, drainage systems and parks shown thereon; and the Official Map is hereby declared to be established to conserve and protect the public health, safety and general welfare.

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

A zoning district that imposes additional regulations for a specific area in addition to the regulations that govern the base zoning district.

A portion of a lot used for the accessory storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration, accessory to a principal use allowed within the district in which it is located.

A stall or berth which is arranged and intended for the parking of one motor vehicle.

A partition erected on a property boundary, partly on the land of one parcel and partly on the land of another, to provide common support to the structures on both sides of the boundary.

Any individual, partnership, firm, company, association, society, corporation, group or similar entity.

Commercial use including but not limited to barber shops, hair, nail, and tanning salons, shoe repair shops, bicycle repair shop, appliance repair shop, tailor and seamstresses, financial services, in which the product offered is the work or action performed. Personal service uses shall not be deemed to permit adult use businesses.

A domesticated animal kept by a household for companionship and enjoyment such as cats, dogs, birds, reptiles, aquarium fish, and hamsters, which are normally and conventionally boarded in a residential dwelling or on a residential lot.

A building or location set aside in a certain area pursuant to a community benefit facility special permit for any form of religious devotion, ritual, or service showing reverence, especially for a divine being or supernatural power.

The Planning Board of the Town of Tuxedo, New York.

The primary purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained.

A person who has graduated from a professional forestry degree program accredited by the Society of American Foresters, or who possesses qualifications for the practice of forestry essentially equivalent to same.

A temporary, seasonal public outdoor gathering for amusement or entertainment purposes, including but not limited to circuses, outdoor concerts, carnivals, fairs, nonmotorized sporting contests, or other similar events, allowed only upon special use permit approval by the Town Board and for a duration of time approved by the Town Board in conjunction with the issuance of a special use permit.

Lands owned by the U.S. government, State of New York, Orange County, Palisades Interstate Park Commission, Town of Tuxedo, Village of Tuxedo Park, or other governmental entity or agency used for recreational and open space purposes, which may include trails, parking areas, camps, and similar activities.

Any person, firm, corporation, or governmental agency, duly authorized to furnish to the public, under governmental regulation, electricity, gas, cable television, telephone, including transmission and distribution facilities and similar services. Also, a municipally owned wastewater treatment or water supply system, or a waterworks corporation or sewage works corporation formed under the provisions of the New York State Transportation Corporations Law and approved by the Town Board are included in this definition.

A system of railroad track, together with the land, stations, bridges, rolling stock, and other related accessory equipment.

A surface water impoundment designed to provide drinking water to the public.

Where a maximum residential density is set forth in the Table of Use and Bulk Requirements for certain residential types, the dwelling unit count for a development shall be determined by multiplying the residential density by the lot area after exclusion of the features set forth in Section 98-12 of this Zoning Chapter.

A commercial use consisting of overnight accommodations with guest sleeping rooms, within a building or group of buildings that incorporate indoor and/or outdoor recreational facilities as integral and accessory uses into the overall design of the resort. A resort lodge may also include meeting rooms or conference center, dining facilities, and other areas for social gathering.

A sit-down restaurant which is located within the same building as a principal use. The restaurant shall represent no more than 35% of the total gross floor area of the building within which the principal use is conducted, or 3,500 square feet, whichever is less. Use of a carhop or parking lot to bring food service to a car or use of a drive-through facility is not permitted.

Any establishment where food is commercially sold primarily for on-premises consumption to patrons seated at tables where food is served at the table. Any facility making use of a carhop or parking lot to serve food to customers in vehicles, or primarily for the consumption of food to be eaten off-premises shall not be considered a restaurant for the purpose of this Zoning Chapter. A restaurant where less than 50% of the gross floor area of the restaurant is dedicated to a dining room equipped with tables and seats shall be deemed a take-out restaurant and is not permitted under this definition. Use of a carhop or parking lot to bring food service to a car or use of a drive-through facility is not permitted.

Any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building, or for carryout, and where either: 1) foods, frozen desserts, or beverages are usually served in paper, plastic, or other disposable containers; or 2) where there is no table service. Use of a carhop or parking lot to bring food service to a car or use of a drive-through facility is not permitted.

A commercial use where merchandise is sold to the general public for personal or household use or consumption, including but not limited to a florist, hardware store, pharmacy, convenience store, stationary store, bookstore, clothing store, shoe store, and jewelry store. The storage of merchandise on the premises shall be clearly incidental and accessory to the space dedicated to retail sale of products and shall not exceed 45% of the total gross floor area of the building within which the retail use is situated. Unless allowed elsewhere in this Zoning Chapter, outdoor storage is not permitted in association with a retail use.

The Town Board, the Planning Board, or the Zoning Board of Appeals, as the case may be, responsible for approving an action regulated by this Zoning Chapter.

The elongated crest or the apex or the uppermost point of intersection between two opposite slopes or sides of a mountain or hill.

An educational institution operated by a public school district, or combined school districts, under the laws of the State of New York.

For purposes of this Zoning Chapter, "property screen" or "screen" shall refer to the placement of landscape materials, fencing, retention of natural vegetation, or a combination of the above to reduce the detrimental visual, noise, light or other environmental impacts emanating from a property or use from impacting an adjoining property.

A method of harvesting where trees to be cut are selected and marked via some specified criteria before the harvesting begins.

A facility established and operated for the purpose of providing residential housing to residents ages 55 years and older in community-integrated settings with independent living facilities and supportive services, such as meals, housekeeping, social activities, transportation, emergency response and resident advisory services. The standards applicable to multifamily dwelling developments shall apply.

A required minimum distance measured perpendicular from a front, side, or rear property line beyond which a building or principal use may be located.

Any temporary or permanent display of lettering, numbers, logos, designs, colors, lights, or illumination visible to the public from outside of a building or from a public right-of-way which conveys a message to the public or intends to advertise, direct, invite, announce or draw attention, directly or indirectly, to a use conducted, events, goods, products, services, or facilities available. A sign does not include the flag or pennant or insignia of any nation or association of nations or of any state, city, or of any charitable, educational, philanthropic, civic, or religious organization. A sign also does not include a governmental sign (see "sign, governmental").

The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. Were the faces of a back-to-back sign are parallel or within and no more than 35° of parallel, only one sign face area shall be used in determining the sign area. If the sign faces are not within 35° of parallel, the sign face area shall be determined on the basis of the sum of the areas of each sign face.

The supports, uprights, bracing and framework for the sign.

Any sign promoting products sold or services provided.

Any sign with a metal or wood frame which has plastic or glass panel sign faces and is internally lit.

See "sign, advertising."

Any sign attached to a wall of a building. A facade sign may be a wall sign, iconic sign or projecting sign.

A sign that is constructed, placed, or maintained by the federal, state, or local government or a sign that is required to be constructed, placed, or maintained by the federal, state, or local government either directly or to enforce a property owner's rights.

A low-profile, freestanding sign supported by a structural base or other solid structural features other than support poles, which may contain a sign face on each of the two sides of the minimum sign.

A sign illuminated by neon lamps or similar luminaires.

A sign permanently erected on a property or structure by fastenings intended to provide such permanence.

A sign that is designed to be movable and not structurally attached to the ground, a building, a structure or another sign. Portable signs include but are not limited to those that allow the creation of customized messages by way of inserting letters into a frame.

Any sign, pennant, and/or banner or similar sign which is erected for a limited period of time and is not permanently affixed to the ground or structure.

The following definitions shall apply to the regulation of solar facilities:

Any garbage, refuse, abandoned or other discarded materials including solid, liquid, semi-solid, or contained gaseous material.

An authorization of a particular use of land or structure which is permitted in this Zoning Chapter, subject to any general or specific requirements imposed by this chapter to assure that the proposed use is in harmony with the purposes of this chapter and will not adversely affect the neighborhood if such requirements are met.

A building for the housing of horses.

A stable for housing horses on a single lot and accessory to a single-family detached dwelling.

A facility where horses are boarded, cared for, and may be hired for riding. The facility may include the instruction of horse riding, jumping, and showing.

That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.

A continuous or intermittent flow of water through a defined channel.

A street is one of the following:

The line between the street and a lot or a line established by the Official Map as the street right-of-way, whether or not in public ownership.

A street which carries traffic from minor streets to the system of highways, including the principal entrance streets of large residential developments.

A street serving primarily to provide frontage and access for local development rather than through traffic, as determined by the Planning Board or as designated as a local street on the Official Map of the Town of Tuxedo, if such exists.

Any change in the supporting members of a building, such as beams, columns or girders.

Anything constructed or built, any edifice or building of any kind, which requires location on or in the ground or is attached to something having a location on or in the ground, including, but without limitation, swimming pools, covered patios, fences, retaining and similar walls, towers, poles, sheds, signs, tanks, etc., excepting outdoor areas such as paved areas and walkways. The term "structure" shall include buildings as well as receiving and transmitting commercial, radio, television, cellular and other utility communication towers.

A property designed to allow multiple business tenants in multiple buildings, wherein the property and buildings are designed in a manner that incorporate sustainable or "green" technologies and measures as further set forth in this Zoning Chapter.

A structure, whether above or below grade, designed to hold water and used or intended to be used for swimming or bathing by any family or persons residing on the premises or their guests. It shall not be operated for gain and shall be located on a lot only as an accessory use to a dwelling or dwellings, a membership club or a hotel.

A structure, whether above or below grade, designed to hold water and used or intended to be used for swimming or bathing, and which is intended to be operated for financial gain on a daily, weekly seasonal, or other basis.

A selective cutting or deadening of trees in a stand of trees for the purpose of upgrading the quality and/or growth of the trees remaining.

Any change in the configuration of a surface area, including its relief, relative elevations and position of natural or man-made features, except those changes incidental to or normally part of agricultural operations or home gardening.

Retail sales or rental of merchandise used in tourism-related businesses. For the purposes of this definition, tourism-related retail uses shall be limited to recreational equipment sales or rental of indoor or outdoor recreational equipment, recreation clothing outfitter, and guide services.

Businesses involved in the small-scale production of food and/or crafting of beverages from vegetables, fruits, grains or dairy ingredients only, for final consumption, including a winery, brewery, ice cream, confectionary, bakery, and cheese shop, and where an essential and required element of the business is the operation of tours to display the production and/or crafting process to visitors. The retail sale of products made on the premises or to market on the premises, as well as a dining, tasting, or drinking area is allowed accessory to the principal use. Said retail sales and dining areas shall not exceed 40% of the gross floor area of the total area of buildings on the site. Food processing involving poultry, beef, fish, or similar meat products including slaughterhouses is prohibited.

The Town-Village Board of the Town of Tuxedo, New York.

Consolidated Town-Village of Tuxedo. Also referred to herein as "Town of Tuxedo."

See definition for "single-family attached dwelling."

A marked or established path or route which may be established for use by pedestrians, bicycles, horses, or other nonmotorized travel means.

Any vehicle mounted on or capable of being mounted on wheels, movable either by its own power or by being drawn by another vehicle, and including those vehicles capable of use for living, sleeping quarters, or so as to permit cooking, or equipped to be used for offices, storage or other commercial use. The term "trailer" shall also include vehicles, if mounted on temporary or permanent foundations with the wheels removed.

Any land which is inundated by water at least three months out of the year.

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

An unenclosed ground area to be used for active or passive recreation, which is not devoted to driveways or parking spaces. Up to a maximum of 25% of usable open space may be roofed for shelter purposes such as a picnic pavilion or similar open air recreational building, provided the minimum linear dimension of such covered space is 40 feet. Such usable space shall be available and accessible to all occupants of the buildings within the development.

The specific purpose for which land or a building is used, occupied or maintained.

Authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this Zoning Chapter.

See "nonconforming use."

See "principal use."

An arrangement of activities and areas for informal education and entertainment, consisting of permanent structures and facilities on landscaped grounds. Such centers may include museums, gardens, arboretums, conference and banquet halls, hiking and nature trails, ski runs, sports and recreational areas and facilities, picnicking grounds, zoos (other than open preserves or reservations), concert facilities and show stages of a permanent type. Specifically excluded are rides and games associated with amusement park uses, carnival shows, or roller coasters.

A graphic rendering painted on the facade of a building visible from a street right-of-way. A wall mural intended and perceived as artistic expression which does not identify a business or use conducted on the premises shall not be regulated as a sign but shall be approved by the Town Board. Nothing herein shall be construed to allow a billboard as a wall mural.

A use engaged principally in the indoor storage, wholesale, and distribution of manufactured products, supplies and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazardous conditions. Nothing herein shall be construed to permit retail sale of merchandise to the general public or by membership.

An open and unobstructed ground area of a lot, which area extends inward from the nearest lot line to a principal building or use and is unoccupied except for accessory uses or structures that may be permitted by this Chapter.

A required yard is that portion of any yard extending inward from a lot line the minimum distance specified in the bulk requirements for the district in which the lot is located.

The required yard measured between the front lot line and a line drawn parallel thereto.

The required yard measured between the rear lot line and a line drawn parallel thereto.

The required yard measured between a side lot line and a line drawn parallel thereto.

The Zoning Board of Appeals of the Town of Tuxedo, NY.

Zoning Local Law of the Town of Tuxedo, New York, as may be amended from time to time. Also referred to herein as the "Zoning Chapter" or "Chapter."