Town of Kinderhook, NY

CHAPTER 81

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Chapter 81

ZONING

GENERAL REFERENCES

Planning Board -- See Ch. 13.

Environmental quality review -- See Ch. 45.

Freshwater wetlands -- See Ch. 49.

Subdivision of land -- See Ch. 63.

INTENT

The Town of Kinderhook adopted a Comprehensive Plan on August 31. 2000. This Comprehensive Plan proposed changes in the land use regulations of the Town to accomplish the goals of the Comprehensive Plan. To implement these changes and to otherwise make the Town’s land use regulations consistent with the goals of the Comprehensive Plan the Town is hereby amending its Zoning Law (Chapter 81 of the Code of the Town of Kinderhook), [the Code]). For ease in drafting, printing and collating the Zoning Law, as hereby amended the Town will restate the Zoning Law by amending the Code to delete Chapter 81 and to substitute therefore this restated and amended Chapter 81.

EFFECTIVE DATE

This Local Law shall become effective upon its filing in the Office of the Secretary of State (“Effective Date”) and shall apply to all property within the Town, exclusive of the Villages of Valatie and Kinderhook, on its Effective Date. A use of land which lawfully existed prior to the Effective Date and which is maintained after the Effective Date although it does not comply with the use restrictions applicable to the area in which it is located after the Effective Date is a “Nonconforming Use” and shall be governed as provided in Section 81-37 hereof. The height, bulk, building locations, coverage of structures and the size of buildings which was permitted before the Effective Date but prohibited thereafter is a “Nonconforming Bulk” and shall be governed as provided in Section 81-41 hereof.

Applications pending before the Planning Board for site plan approval before the Effective Date shall continue to be processed in accordance with the provisions of Section 81-38 as they existed before the Effective Date. If the uses for which such site plan approval is sought were permitted before the Effective Date but prohibited after it they will be permitted Nonconforming Uses or Nonconforming Bulk after the Effective Date subject to the provisions of Sections 81-37 and 81-41, provided that

(1) Site Plan approval is granted.

(2) Construction of improvements for which site plan approval was sought is commenced within 18 months of site plan approval.

(3) Change of use for which site plan approval was sought is completed within 18 months of approval.

Applications for approval of a “Customary Home Occupation” pending before the Zoning Board of Appeals before the Effective Date shall continue to be processed as provided in Section 81-17 before the Effective Date. If the Zoning Board of Appeals in such cases approves a use which would not be permitted after the Effective Date such use shall be a “Nonconforming Use” subject to the provisions of Section 81-37.

Applications for approval of a Special Use Permit pending before the Planning Board before the Effective Date shall continue to be processed as provided in Section 81-27 before the Effective Date.

SUPERSESSION

As provided in Section 10 of the New York State Municipal Home Rule Law the following sections of the New York State Town Law are hereby superceded by this Local Law:

Section 261

Section 267

Section 267-a

Section 267-b

Section 274-a

Section 274-b

~ 81-1.1 Amendment

Chapter 81 of the Code is hereby deleted and the following is substituted therefor:

ARTICLE I

Purpose and Definitions

~ 81-1. Purpose.

This chapter is enacted pursuant to the Municipal Home Rule Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, to protect and promote public health, safety, morals, comfort, convenience, economy, town aesthetics and the general welfare, and for the following additional purposes:

A. To promote and effectuate the orderly physical development of the Town of Kinderhook.

B. To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property.

C. To provide adequate and suitably located commercial facilities.

D. To protect rural character.

E. To regulate building densities in order to assure access of light and circulation of air, in order to facilitate the prevention and fighting of fires, in order to prevent undue concentration of population, in order to lessen congestion on streets and highways and in order to provide efficient municipal utility services.

F. To improve transportation facilities and traffic circulation and to provide adequate off-street parking and loading facilities.

G. To realize a development plan properly designed to conserve the use of land and the cost of municipal services.

H. To assure privacy for residences and freedom from nuisances and things harmful to the senses, including air pollution.

I. To protect the community against unsightly, obtrusive and noisome land uses and operations.

J. To enhance the aesthetic aspects throughout the entire community and maintain its present natural beauty.

K. To accommodate development appropriate to the economic well being of the Town.

L. To create a land use pattern that strengthens the traditional patterns and that strengthen the communities of Valatie and Village of Kinderhook.

M. To conserve soils of statewide and local significance and current agricultural lands.

N. To protect open space, scenic vistas. Agriculture and historical locations.

O. To continue light industrial accessibility and use of properties adjacent to rail lines.

~ 81-2. Definitions (amended 9-20-2002 by L.L. 1-2002; 5-3-2004 by L.L. 6 2004)

A. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.

B. The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a copartnership and any other agency of voluntary action.

C. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

D. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY APARTMENT DWELLING UNIT -- An accessory dwelling unit containing a bathroom with toilet facilities, a kitchen and not less than 400 square feet of livable floor area located within an existing (as of September 1, 1990) owner-occupied, one-family dwelling.

ACCESSORY BUILDING -- A building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of the main building.

ACCESSORY RETAIL – Retail stores which sell merchandise which is incidental and accessory to the principal use of the main building on the same lot from which the retail selling will occur.

ACCESSORY USE -- A use customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building.

ADULT ENTERTAINMENT-- An establishment consisting of, including or having the characteristics of any or all of the following:

(1) ADULT BOOKSTORE -- An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(2) ADULT CABARET:

(a) An establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas;

(b) A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.

(3) ADULT MINI-MOTION-PICTURE THEATER -- An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(4) ADULT MOTION-PICTURE THEATER -- An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

AGRICULTURAL ACTIVITIES, AGRICULTURE - The use of land for agricultural purposes, including farming, keeping of animals, dairying, pasturage, horticulture, floriculture, viticulture, silvaculture, apiaries, and animal and poultry husbandry, and the necessary accessory uses permitted by ~81-17J.

AGRICULTURAL PRODUCTS - The thing or things produced as a result of Agricultural Activities.

ALTERATION -- As applied to a building or structure, a change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location to another.

AREA, BUILDING -- The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.

ATTIC -- That space of a building which is immediately below and wholly or partly within the roof framing. An "attic" with a finished floor shall be counted as ½ story in determining the permissible number of stories.

AUTO OR FARM EQUIPMENT SALES LOTS -- Any open area used for the display, sale or rental of new or used motor vehicles or farm equipment.

AUTO REPAIR SERVICES – Establishments primarily engaged in furnishing all types of automotive repair. It does not include those facilities that only dispense gas and oil directly into the vehicles.

BASEMENT -- A story partly below finished grade but having at least ½ of its height, measured from floor to ceiling, but not less than four feet, above average finished grade. A "basement" shall be counted as one story in determining the height of a building in stories.

BED-AND-BREAKFAST -- A residential lodging facility in an owner-occupied dwelling offering from one to four sleeping rooms for rent with one communal dining facility serving breakfast only.

BOARDINGHOUSE -- A building, other than a hotel, containing a general kitchen and a general dining room, in which at least three but not more than six sleeping rooms are offered for rent, with or without meals. A lodging house, tourist house or rooming house shall be deemed a "boardinghouse."

BUFFER - Landscaped areas, fences, walls, berms, or natural vegetation, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.

BUILDING -- Any structure which has one or more floors or stories and is intended for the shelter, housing or enclosure of persons, animals or chattels. (amended 05-03-2004 by L.L. 6-2004)

BUILDING ENVELOPE – That portion of a lot located within the minimum prescribed front, rear and side yard setback distances within which a structure and its accessory uses, driveways, parking lots, or other disturbed areas are permitted to be built on.

BUILDING GROUP -- A group of two or more principal buildings and any buildings accessory thereto, occupying a lot in ownership and having any yard in common.

BUILDING LINE -- The line, established by statute, local law or ordinance, beyond which a building shall not extend, as specifically provided by law.

BUILDING, MAIN -- A building that houses the lot’s principal use of the lot on which it is located.

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

BULK -- A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land.

BUNGALOW COLONY -- A group of two or more dwelling structures on a single premises, designed for seasonal occupancy and not more than one of which is used for the purpose of all-year-round residence, which premises does not include a public lobby or dining room serving guests. The term "bungalow colony" includes cottage or cabin colonies or development, but does not include trailer park, trailer camp, boardinghouse, hotel or motel.

CAMP -- Any parcel of land on which are located two or more tents, shelters or other accommodations of a design or character suitable for seasonal or other temporary living purposes, including resort and day camp, but not including a trailer park, boardinghouse, hotel or motel, bungalow colony.

CELLAR -- Any space in a building the structural ceiling level of which is less than four feet above average finished grade where such grade meets the exterior walls of the building. A "cellar" shall not be counted in determining the permissible number of stories.

COMMERCIAL STABLES -- A horse farm utilized for the commercial breeding, boarding or riding of horses for the general public.

COMMERCIAL VEHICLE -- A vehicle of more than one ton capacity used for the transportation of persons or goods primarily for gain, or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.

COMMUNITY BENEFIT OR AMENITIES - Open space or housing for senior families ( as defined herein), parks, elder care, day care or other specific physical, social or cultural amenities of benefit to the residents of the community as authorized by the Town Board (as defined herein) as conditions for the granting of Incentive Zoning.

COMMUNITY POLE -- A sign owned and maintained by the Town Board or by a group of businessmen as approved by the Town Board and which sign contains several directional signs for the purpose of directing persons to business and community establishments within the community.

CONTRACTOR'S YARD -- Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery, vehicles or parts thereof which are in active use by a construction contractor.

CONVENIENCE STORE – Any retail establishment containing not more than 2,500 square feet of space and not more than 4 tables for on-site consumption of food and beverages, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods. Some convenience stores may also have land area or a portion thereof, used for the retail dispensing or sales of vehicular fuels. (amended 05-03-2004 by L.L. 6-2004)

COVERAGE -- That parcel area or percentage of parcel area covered by buildings or structures, parking areas, sidewalks, and accessory buildings or structure (amended 05-03-2004 by L.L.6-2004)

CUSTOMARY HOME OCCUPATION -- A business, profession, occupation or trade conducted by the occupant of a dwelling unit or accessory structure and which is incidental and secondary to the use of the dwelling unit and does not change the residential character thereof. Such use shall be fully consistent with the use limitations established by ~81-17.

DAY CARE CENTER – An establishment providing for the care, supervision, and protection of children and licensed pursuant to section 390 of the Social Services Law.

DENSITY BONUS – An incentive given to land developers in exchange for the provision of senior citizen housing and preservation of agricultural lands by those developers. A density bonus permits more intensive development of the land in exchange for providing senior family housing. ~81-10 provides the terms and conditions under which this density bonus is granted..

DEVELOPMENT -- The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any non-agricultural use or extension of the use of land.

DISTRICT, MORE RESTRICTED OR LESS RESTRICTED -- In the following list, each district shall be deemed to be more restricted than the districts which follow it: FP, H, AR, R-2, R-3, MP, B-1, B-1A, I-l

DORMITORY -- A building, other than a hotel or motel, containing dwelling units or rooms for the housing of nontransient persons attending or employed by a community college, other college or university. Such building may not contain kitchen and dining room facilities.

DRIVE-IN MOVIE -- An open lot or part thereof, with appurtenant facilities, devoted primarily to the showing of moving pictures on a paid admission basis to patrons seated in automobiles or on outdoor seats.

DRIVE THROUGH -- Any establishment that by design, physical facilities, or service encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

DUMP -- A lot or land used primarily for the disposal, by abandonment, burial, 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.

DWELLING -- A building designed or used principally as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling," "multiple dwelling" and "dwelling group shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy. (See "residence")

DWELLING GROUP -- A group of two or more dwellings occupying a lot in one ownership.

DWELLING, MULTIFAMILY -- A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.

DWELLING, ONE-FAMILY -- A building containing one dwelling unit only.

DWELLING, TWO-FAMILY -- A building containing two dwelling units.

DWELLING UNIT -- A building or portion thereof providing complete housekeeping facilities for one family.

FAMILY -- Consists of one person, or two or more persons related by blood, marriage or adoption, or not more than five persons not necessarily related by blood, marriage or adoption, and, in addition, any domestic servants, who live together in a single dwelling unit and maintain a common household. The term “family” does not include “Senior Family” which is hereinafter defined.

FARM-RELATED BUSINESS – A business operated on a farm parcel, related to or supporting agricultural activities, including, but not limited to U-Pick operations.

FARMING OPERATIONS or FARM -- A parcel of land used for agricultural activities including horticulture, animal husbandry, forestry, and production nurseries and greenhouses for profit

FARM MARKET -- A permanent structure that is owned and/or operated by a farmer which primarily sells agricultural products and related goods to the general public.

FARM PARCEL – See Farming Operations or Farm.

FARM STAND -- A nonpermanent structure, in excess of 30 square feet in size, such as a table, vehicle, wagon or tent, used for the sale of agricultural products grown, raised or produced on the same premises.

FINISHED GRADE -- The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of building and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.

FLOOR AREA -- The aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating two buildings.

(1) In particular, the floor area of a building or buildings shall include:

(a) Basement space.

(b) Elevator shafts and stairwells at each floor.

(d) Penthouse.

(e) Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet six inches or more.

(f) Interior balconies and mezzanines.

(g) Enclosed porches.

(h) Accessory uses, not including space for accessory off-street parking.

(2) However, the floor area of a building shall not include:

(a) Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

(b) Elevator and stair bulkheads, accessory water tanks and cooling towers.

(d) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.

(e) Uncovered steps, exterior fire escapes.

(f) Terraces, breeze ways, open porches, outside balconies and open spaces.

(g) Accessory off-street parking spaces.

(h) Accessory off-street loading berths.

GASOLINE FILLING STATION -- Any building, land area, or other premises, or portion thereof, for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel; and may include as an accessory use the sale and/or installation of lubricants, tires, batteries, and similar vehicle accessories. Gasoline filling stations which sell motor vehicle fuels may also house a convenience store. (A gas station is not a convenience store, but a convenience store may be located on the same parcel as a gas station.)

HEALTH CLUB -- An establishment that offers, on a membership basis, facilities, equipment and programs for exercise, weight loss and body development.

HEAVY EQUIPMENT REPAIR – Establishments primarily engaged in furnishing repair to large equipment including, but not limited to bulldozers, backhoes, and dump trucks.

HEIGHT OF BUILDING -- The vertical distance measured from the average finished grade along the wall of the building (or adjacent to the side of the structure) to the highest point of such building or structure.

HIGH-TENSION LINE -- Any electric line operating a voltage in excess of 69 kilovolts.

HOSPITAL -- A building containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

HOTEL -- A building or any part thereof which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.

INDOOR RECREATION -- Any completely enclosed recreational use such as bowling, pool, video game room, batting cages, etc.

INCENTIVE ZONING – The system by which specific incentives or bonuses are granted on the condition that specific physical, social or cultural benefits or amenities would inure to the community.

JUNK – Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, scrapped, ruined, dismantled, or wrecked motor vehicles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

JUNKYARD – An establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk.

JUNK CAR – See definition provided for Abandoned, Junked or Inoperative Motor Vehicle, Chapter 75-2 of the Town of Kinderhook Code.

KENNEL -- Any place at which there are kept any number of dogs for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.

LANDSCAPING, MAJOR –The business of removal or planting of trees, shrubs, flowers or grass, on-going maintenance of yards and other landscaped areas with mowers and other equipment. Major landscaping facilities use large equipment on the premises such as tractors, backhoes, and bulldozers. They may or may not grow plants on the premises.

LANDSCAPING, MINOR - The business of mowing, yard and landscape clean up and tree trimming, and weeding. A minor facility does not use heavy motorized equipment and do not grow plants used in landscaping on the premises.

LOT -- A defined portion or parcel of land considered as a unit, devoted to a specific use or occupied by a building or a group of buildings that are united by a common interest, use or ownership, and the customary accessories and open spaces belonging to the same.

LOT CORNER -- A lot situated at the junction of and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135°.

LOT COVERAGE -- See "coverage."

LOT, DEPTH OF -- The mean distance from the front property line to the rear property line.

(amended 05-03-2004 by L.L.6-2004)

LOT FRONTAGE -- A lot line which is coincident with a street line.

LOT LINES -- The lines bounding a lot as defined herein.

LOT, THROUGH -- A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.

LOT WIDTH -- The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines, or the width of a lot measured along the rear line of the required front yard.

MOBILE HOME -- A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. (HUD definition)

MOBILE HOME LOT -- A designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home and its occupants.

MOBILE HOME PARK -- Any parcel of land designated by the Town Zoning Map for the placement of mobile homes.

MOTEL -- A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use primarily 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 court, motor inn, motor lodge, tourist court, tourist cabins, roadside hotel.

MULTI-FAMILY DWELLING - A building containing three or more dwelling units, including units that are located one over the other.

NONCONFORMING BULK -- The height, bulk, building locations, coverage of structures and the size of buildings which was permitted before the Effective Date and which is maintained after the Effective Date although it does not comply with the Bulk Restrictions applicable to the area in which it is located after the Effective Date and shall be governed as provided in Section 81-??? hereof.

NONCONFORMING USE -- Any use of a building, other structure or tract of land which does not conform to the use regulations for the district in which such use is located, either at the effective date of this chapter or as a result of subsequent amendment thereto.

NURSERY SCHOOL -- Any place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to six years of age inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.

NURSING OR CONVALESCENT HOME -- A building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.

OVERLAY DISTRICT - A zoning district delineated on an overlay map which is superimposed on one or more established zoning districts for the purpose of imposing within these districts, permitted uses otherwise disallowed or that imposes additional density or bulk requirements above that required by the underlying zone or zones.

PARCEL – A delineated area or plot of land which may be occupied or designed to be occupied by a principal building and its accessory structure or structures, including the yards required by this law, shown as a distinct entity on the Tax Assessor’s maps of the Town.

PREMISES -- A lot, together with all the buildings and uses thereon.

PRIVATE CLUB -- A facility operated, whether or not primarily for profit, by a corporation, association or group of people for social, educational or recreational intent of the dues-paying members and their guests.

PUBLIC NUISANCE -- Conduct or omission which offends, interferes with, or causes damage to the public in the exercise of rights common to all in a manner such as to offend public morals, interferes with use by the public of a public place, or endangers or injures the property, health, safety or comfort of a number of persons.

RESIDENCES, RESIDENTIAL -- A building or any part of a building that contains living and sleeping accommodations for permanent occupancy. "Residences," therefore, includes all one-family, multifamily, boarding, fraternity and sorority houses. However, "residences" shall not include the following:

(1) Transient accommodations, such as hotels, motels and hospitals.

(2) That part of a building containing both residences and other uses which is used for any nonresidential uses, except accessory uses for residences.

RIDING ACADEMY -- Any establishment where horses are kept for riding, driving or stabling for compensation.

RIGHT-OF-WAY –A party’s right, established by usage, contract, or legislation to pass through or over real property owned by another.. Definition includes public roads and highways.

(amended 05-03-2004 by L.L.6-2004)

SENIOR CITIZEN – Persons that meet one of the following criteria are eligible for senior housing: a) A Single person 62 years of age or older; b) two or three persons, all of who are sixty-two years of age or older; c) a married couple in which one spouse is 62 years of age or alder; d) one child residing with a parent who is 62 years of age or older provided that the child is over the age of 18; e) the surviving spouse of a person 62 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person’s death, and f) if there is no child in residence, on adult 18 years of age or older residing with a person 62 years of age or older, provided that the adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York Sate.

SENIOR HOUSING – Dwellings specifically designed to house senior family (ies). Some senior housing may have communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents. Senior housing units are not assisted living facilities, or a continuing care retirement community.

SETBACK -- The distance between the building and the front property line or the distance between the building and the road right-of-way, whichever is further from the center line of the road.

Editor's Note: The definitions of the following terms, which immediately followed this definition, were repealed 12-11-1995 by L.L. No. 5-1995 and again 2-10-1997 by L.L. No. 4-1997: "sign"; "sign, advertising"; "sign area"; "sign, business"; "sign, directly illuminated"; "sign, flashing"; "sign, illuminated"; "sign, indirectly illuminated"; and "sign, representation." For current definitions relating to signs, see ~ 81-21.

SINGLE OWNERSHIP -- Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.

SPECIAL USE PERMIT – An authorization of a particular land use which is permitted in this zoning law, subject to requirements imposed by such zoning law to assure that the proposed use is in harmony with such zoning law and will not adversely affect the neighborhood if such requirements are met.

STORY -- That part of a building comprised between a floor and the floor or roof next above it. (See "attic," "basement" and "cellar")

STORY, HALF -- That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to ½ the floor-to-ceiling height of the story below.

STREET -- An existing public way or private way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on a plat approved by the Town Planning Board and/or recorded in the office of the County Clerk.

STREET WIDTH -- The width of the right-of-way or the distance between property lines on opposite sides of a street.

STRUCTURE -- A static construction of building materials, including buildings, stadiums, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings (whether mobile or stationary at the time) and the like.

TELECOMMUNICATION ANTENNA – Any device used for receiving or transmitting electronic signals.

TELECOMMUNICATION TOWER -- Any structure designed and constructed primarily for receiving or transmitting electronic signals, including self-supporting lattice towers, guy towers, monopole towers or other devises such as antennas. The term also includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and alternative tower structures.

TOWNHOUSE -- A building consisting of a series of one-family attached dwelling units having common party walls between each dwelling unit.

TRAILER CAMP -- Any parcel of land designated by the Town Zoning Map for the placement of travel trailers.

TRAILER, HOUSE -- See mobile home.

TRAILER, TRAVEL -- Any portable vehicle or structure which is designated to be transported on its own wheels or mounted on another vehicle and intended to be used for temporary living quarters or for travel, business, recreation or vacation purposes. In this definition, the word "temporary" means not more than 90 days over a twelve-month period. This definition includes but is not limited to motor homes, truck campers, folding tent trailers and vehicles converted to temporary sleeping quarters.

USE -- This term is employed in referring to:

(1) The purpose for which any building, other structure or land may be arranged, designed, intended, maintained or occupied.

(2) Any occupation, business activity or operation conducted (or intended to be conducted) in a building or other structure or on land.

VACANT STRUCTURE -- Any building, structure or portion thereof designed or used for residential or commercial purposes which has been vacant and abandoned for a period of 60 days or longer. Specifically excluded are all agricultural structures, such as barns, and storage sheds.

VIDEO RENTAL -- An establishment where video cassette and video player/recorders are offered for rent to the general public as a principal use.

WAY -- A thoroughfare, however designated, permanently established for passage of persons or vehicles.

YARD, FRONT -- Land extending across the full width of the lot and lying between the front lot line of the lot and the nearest point of the building.

YARD, REAR -- Land extending across the full width of the lot and lying between the rear lot line of the lot and the nearest point of the building.

YARD, REQUIRED -- Open area of a lot extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.

YARD, SIDE -- A yard situated between the building and the side line of a lot and extending from the front yard rear line (or from the front lot line if there is no required front yard) to the rear yard front line (or rear lot line).

ARTICLE II

Establishment of Districts

~ 81-3. Designation of districts.

In order to fulfill the purpose of this chapter, the Town of Kinderhook establishes and is hereby divided into the following nine zoning districts for the following purposes:

R-2 Residential: The purpose of this land use district is to allow low-density residential uses in rural areas where the land has already been largely subdivided and fragmented, making the landscape less conducive to long-term agricultural use.

AR Agriculture and Residential: The purpose of this land use district is to promote environmental quality, and agricultural and open space uses by discouraging large-scale residential development and commercial development that conflict with environmental quality and agricultural uses, while allowing a variety of new agri-businesses that complement existing farms and residential uses.

H Hamlet: The purpose of this land use district is to maintain the traditional character of the hamlet-type development in Niverville.

R-3 Agriculture and Low Density Residential: The purpose of this land use district is to promote agriculture and to allow low density residential uses and open space, especially that along major transportation routes in the Town.

B-1 General Business: The purpose of this land use district is to allow commercial uses that are not compatible with village or hamlet commercial areas. These areas are intended for small business development. The business district also functions as a transition district between the more intensive villages or developed areas and the rural land uses surrounding them, to allow multi-family and mixed uses to enhance affordable housing and to enhance commercial developments built in the traditional, more compact style.

B-1A Low Traffic General Business District: The purposes of this district is identical to the B-1 zone with the following exception: New commercial development is restricted to low traffic volume uses. The goal is to limit traffic problems associated with suburban sprawl along the highway in this transitional area between commercial, agricultural and residential zones.

I-1 Light Industrial: The purpose of this land use district is to allow light industry, warehouse, and research facilities. This area may also include other limited commercial development intended to support the primary uses.

FP Floodplain: This district incorporates the Town’s existing floodplain protection regulations and reflects boundaries delineated by the U.S. Department of Interior, Geologic Survey, U.S. Department of Housing and Urban Development, and the Federal Insurance Administration.

MHP Mobile Home Park: The purpose of this district is to promote the health, safety, protection and general welfare of residents of the Town who live in mobile homes. The Town desires to balance the need for affordable housing with the need to maintain the attractive appearance of the area.

In addition to the above land use districts, the following overlay districts are established:

MFO Multi-Family Overlay: The purpose of this overlay district is to provide for multi-family developments including duplexes, townhouses, condominiums, and apartments.

PFO Prime Farmland Overlay: The purpose of this overlay district is to promote agricultural uses, protect prime production soils, and to prevent non-agricultural uses from negatively impacting continuation of farming as the primary use.

HO Heritage Overlay: The purpose of this overlay district is to protect important historical areas in the Town.

EAO Environmental Area Overlay: The purpose of this overlay district is to protect important environmental areas in the Town including aquifer recharge and wellhead locations, wetlands less than 12.4 acres, or other identified areas.

~ 81-4. Zoning Map.

The location and boundaries of said zoning districts are shown on the map entitled "Zoning Map," certified by the Town Clerk as adopted. Said map, together with everything shown thereon and all overlay maps and amendments thereto, is hereby adopted and is declared to be an appurtenant part of this chapter.¹

~ 81-5. Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

A. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements and aqueducts or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way line of such street, highway, public utility easement, aqueduct or watercourse is moved a maximum distance of 50 feet.

B. Where district boundaries are indicated as approximately following the town boundary line, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.

C. Where district boundaries are so indicated that they are approximately parallel to the town boundary line, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances there from as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.

D. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the more restricted portion of such lot shall apply to the entire parcel if 50% or more of the entire parcel is included in the more restricted zone.

E. In all other cases, where not dimensioned, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.

~ 81-6. Conformity with regulations.

Except as hereinafter provided:

A. No land or building shall hereafter be used, occupied, erected, moved or altered unless in conformity with the regulations hereinafter specified for the district in which it is located.

B. No building shall hereafter be erected or altered to exceed the maximum height, to occupy a greater percentage of lot area, to accommodate or house a greater number of families, to have narrower or smaller front yard, rear yard, side yard or other open space, to have smaller lot sizes, except for those in an approved conservation subdivision, or when a density bonus is allowed for provision of senior housing than is required for the district in which such building is located.

C. No part of a yard or other open space required about any building shall be included as part of a yard or other open space similarly required for another building except for those in an approved conservation subdivision.

D. No off-street parking or loading space shall be so reduced in area that it does not meet the requirements of this chapter.

ARTICLE III

Use Regulations (amended 9-20-2002 by L.L. 1-2002 & L.L. 2-2002)

~ 81-7. Permitted uses; conditional uses.

No building or premises shall be erected, altered or used except for one or more of the uses designated for any district as follows:

Symbols:

P = Designates a use permitted by right.

X = Designates a use permitted by special permit.

* = Designates a use subject to site plan approval by the Planning Board as per ~ 81-47.

(Note: Uses not permitted by right or as a conditional use, whether listed below or not, are prohibited).

	AR	R-2	R-3	H	B-1	B-1A	I-1	FP	MHP

Residential Uses

One-family dwelling	P	P	P	P	X*	X*	.	.	.
Conservation subdivision (mandatory in PFO)	P	P	P	.	.	.	.	.	.
Two-family dwelling	X*	X*	X*	X*	X*	X*	.	.	.
Multifamily dwelling²	X*	X*	X*	X*	X*	X*	.	.	.
Boardinghouse	.	.	.