Town of Lumberland

History of the Town of Lumberland, NY

Links

Site Directory

Links

Town of Lumberland

Zoning Law

2.0 DEFINITIONS

Accessory Building - any building which is subordinate to and whose use is incidental to the use of the principal building on the same lot or an adjoining lot under the same ownership.

Accessory Use - a use subordinate to the main use. In no case shall such use dominate in area, extent or purpose, the principal use. Any accessory uses are not subject to Planning Board review.

Acre - for the purpose of calculating lot area under this Law, an acre shall be considered to consist of 43,560 contiguous square feet.

Agriculture - shall include the cultivation of the soil for food products or other useful or valuable growths of the field or garden, tillage or husbandry; but shall not include dairying, raising of livestock; fowl or birds where the same is carried on as a business or gainful operation.

Alteration - a change or rearrangement in the structural parts of a building or an enlargement, whether by extending to a side or by increasing the height.

Animal Husbandry - the care and breeding of domestic animals, including but not limited to cattle, hogs, horses, poultry and sheep. For purposes of this Law, operation of a kennel shall be considered animal husbandry. Animals for education or cultural projects and individual household pets such as dogs and cats are exempt.

Area of Special Flood Hazard - the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

Architect - a professional architect licensed to practice in the State of New York

Approved - shall mean approved by the Code Enforcement Officer under the regulations of this Law, or approved by an authority designated by law or this Law.

Automobile, Vehicle and Equipment Sales - The use of any building, land area or other premise for the display and sale, under license by the Sate of New York, of new and used automobiles of presently operable condition; panel trucks or vans, mobile homes or trailers; recreational vehicles; or farm and construction equipment; including any warranty repair work and other repair service as an accessory use. This term is meant to include auto sales lots but such lots shall be restricted automobile and non-commercial truck sales. It shall also include other automotive uses as may be allowed in each district. None of these terms, however, shall under any circumstances be deemed to include junkyards, collections of itinerant vehicles or vehicle dismantling operations for other than routine repairs.

Base Flood - the flood having a one percent chance of being equaled or exceeded in any given year.

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

Bed and Breakfast - An existing residence which is used, in the manner of a home occupation, to provide overnight lodging with breakfast as part of the consideration and involving shared bath and dining facilities; also including youth hostels.

Board of Appeals - A local body appointed by the Town Board whose responsibility is to hear appeals from the decisions of the local zoning law administrative office and to consider requests for variances permissible under terms of the zoning law.

Boarding Home - a dwelling or part thereof, other than a hotel, motel, or restaurant having not more than six guest rooms and housing not more than fifteen persons for compensation. Meals may or may not be provided. Not to include rest homes for the aged.

Building - a structure wholly or partially enclosed with exterior walls and a roof, affording shelter to persons, animals, or property.

Building Height - the vertical distance measured from the average elevation of the property finished grade to the highest point on the roof.

Building Setback Line - shall mean the line, designated on a plan, beyond which no part of a building, other than parts expressly permitted, shall exceed.

Business and Professional Offices - offices in which an occupation or vocation requiring training and advanced study in a specialized field is practiced. Examples are medical, law, and real estate offices.

Campground - a general term describing a parcel of land providing areas for portable sleeping accommodations for compensation. Usually preceded with a prefix designating type and extent of development.

Canoe Livery - a suitable parcel of land upon which related facilities exist for the leasing or renting of water-borne vessels (primarily canoes) for outdoor water-based recreation.

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

Cemetery - an area of land set aside as permanent open space for a final resting place.

Certificate of Occupancy and/or Compliance - a form of protection afforded the owner or occupant of a structure by serving as proof of compliance or alteration.

Children's Camps - a facility including buildings for eating and sleeping and amenities such as swimming pools, baseball fields, and tennis courts which are available for use by youths for a fee.

Clearcutting - denuding the land vegetation, expressly trees, excluding commonly accepted agricultural activities.

Club - shall mean any organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, providing there are not conducted any vending stands, merchandizing or commercial activities except as required for the membership and purpose of such clubs; it shall include fraternal, social and service organizations.

Commercial Recreation - a parcel of land which may include facilities or equipment for recreational purposes, utilized by the public for a fee. Activities include but are not limited to bowling alleys, ski slopes, canoe liveries, campgrounds, tennis courts, theme parks and golf courses.

Condominium - an apartment house or houses, the apartments of which are individually owned, each owner receiving a deed enabling him to sell, mortgage, or exchange his apartment independent of the owners of the other apartments in the building or buildings. All condominium subdivisions must be filed with the State prior to sale of lots.

Cooperative - an ownership arrangement under which a person has shared interest in a residential building complex. Under this type of ownership both the individual unit and common elements are owned by the cooperative, and are covered under one mortgage. As with condominiums, cooperative ownership can take a variety of building forms.

Day Care Centers - facilities, both residential and non-residential, that provide supervision and care of six (6) or more children for a period of less than twenty-four (24) hours per day.

Development of Area of Special Flood Hazard - any man-made change to improve or unimproved real estate, including but not limited to buildings, or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations within the area of special flood hazard.

Directional Sign - a sign, either on or off premises, limited to providing information on the location of activity, business or event.

Dwelling - a building designed or used as the living quarters for one or more families. The term dwelling shall include seasonal homes, modular homes, and mobile homes, provided that they meet all of the requirements of this Law, the Town of Lumberland Building Code, and all other regulations or laws applicable to dwellings.

Dwelling one-family - a building containing only one dwelling unit, and occupied by one family.

Dwelling two-Family - a building designed for and occupied exclusively as a home or residence for not more than two families.

Dwelling multi-family - shall mean:

(a) building containing three or ore dwelling units;

(b) building containing living, sanitary and sleeping facilities, occupied by two or more families and more than four lodgers residing with either one or such families;

(c) building with one or more sleeping rooms, other than a one or two family dwelling, uses or occupied by permanent or transient paying guests or tenants;

(d) building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar use;

(e) building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions.

Dwelling Unit - a building or entirely self-contained portion thereof containing housekeeping facilities for only one family, including any domestic employees employed on the premises, and having no enclosed space (other than vestibules, entrances, or other hallways or porches) and no cooking or sanitary facilities in common with any other "Dwelling Unit." A boarding house, dormitory, hotel, inn, nursing home or other similar structure shall not be deemed to constitute a dwelling unit.

Eating and Drinking Establishment - facilities primarily used for the sale of prepared food or beverages for public consumption.

Educational Institutions - an institution, either public or private, providing full time day instruction and a course of study which meets the requirements of the New York State Education Law, or a nursery, day care, or kindergarten which meets all pertinent requirements set by the New York State Education Law and the New York State Health Code.

Enclosed Manufacturing - Any process whereby the nature, size or shape of articles or shape of articles of raw materials are changed, or where articles are assembled or packaged in quantity. All processes shall be done inside a building without producing excessive noise, smoke or glare. All raw materials and finished articles shall be stored in said building.

Engineer - a professional engineer licensed to practice in the State of New York.

Family - one or more persons occupying a single dwelling unit. No more than five persons unless related by legal adoption, blood, or marriage shall occupy a single family dwelling unit.

Farm - any parcel of land containing at least ten acres which is used for gain in the raising of agricultural products, livestock, poultry, dairy products and cultivation and harvesting of trees. It includes necessary farm structures within the prescribed limits and the storage of equipment used.

Farm Stand - a business operated on a seasonal basis to sell regionally grown farm products.

Flood or Flooding - a general or temporary condition of partial or complete inundation or normally dry land areas from:

(1) The overflow of inland or tidal waters and/or

(2) The unusual and rapid accumulation of runoff of surface water from any source.

Flood Insurance Rate Map - the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Free Standing Sign - any sign not attached or part of any building, but separate and permanently affixed by any other means, in or upon the ground; including but not limited to pole signs, pylon signs, and masonry wall-type signs.

Forest Management - management of natural vegetation, including but not limited to timber harvesting, firewood, wildlife habitat improvement, and water quality.

Funeral Parlors - a final viewing place for the dead.

Habitable Floor Area - space occupied by one or more persons for living, sleeping, eating or cooking. This does not include space used for kitchenettes, pantries, bath, toilet, laundry, stairs, storage, utility, heater and boiler rooms, closets, and other spaces for services and maintenance of the building.

High Water Mark of River - The point where substantial vegetation begins at the water's edge.

Home Based Business - shall mean a subordinate use of a non-residential nature which is conducted within a dwelling unit, or building accessory thereto, by an occupant of the dwelling unit, which is clearly incidental and accessory or secondary to the use of the property for residential purposes, and which meets the following additional conditions:

a. the occupation or activity shall be carried on wholly within the principal building or within a building or other structure accessory thereto.

b. not more than two (2) persons outside the resident household shall be employed in the occupation or as assistants.

c. there shall be no exterior display, or sign except as permitted under this Law; no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the lot or of the surrounding neighborhood.

d. no offensive color, noise, vibration, smoke, dust, heat or glare shall be produced.

e. the home occupation shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the occupation shall be met off the street and in accordance with the regulations of this Law.

f. the habitable floor area of the home occupation shall not exceed the habitable floor area of the principal use.

In particular, a home-based business includes, but is not limited to the following: art studio, dressmaking, teaching (with musical instruction limited to a single pupil at a time), and the professional office of a physician, surgeon, dentist, lawyer, engineer, architect, real estate broker or insurance agent within a dwelling occupied by the same.

Hotel - shall mean the building containing rooms occupied for sleeping purposed by guests and where as general kitchen and dining room are provided within the building or in an accessory building.

House of Worship - shall mean any structure used for worship or religious instruction including social and administrative rooms thereto.

Illuminated Signs - any sign illuminated by electricity, or other artificial light, including reflective or phosphorescent light.

Impervious Surface - any material which reduces and prevents the absorption of storm water into previously undeveloped land.

Light Industrial Use - an establishment, other than a home occupation, used for the assembly, manufacturing, or processing of goods, not including farming.

Livestock Unit - for purposes of this Law a livestock unit shall be one cow or two calves or two horses or two ponies or two pigs or two goats or two sheep or one-hundred fowl or fifty rabbits or equivalent.

Lot - a parcel of land occupied or unoccupied.

Lot Area - the total horizontal area included within lot lines.

Lot, Building - land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Law, having, not less than the minimum area and width required by this Law for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means as may be adequate as a condition of the insurance of a building permit for a building on such land.

Lot, Cleared - the percentage of the lot area included within lot lines.

Lot Coverage - the percentage of the lot area that is occupied by the ground area of a building, its accessory building, and other impervious surfaces.

Lot Line - any boundary of a lot. Any lot line not a rear line nor a front line shall be deemed a side line.

Lot Width - the distance from one lot line to the other, measured parallel to the front street line at the building setback line.

Major Mineral Extraction - operations greater than 750 yards or 1,000 tons per year of material such as gravel, rock, stone, sand, fill or minerals from the site, or an operation two acres of active face at one time plus an area equal size to the active face necessary for accessory use.

Minor Mineral Extraction - operations less than 750 yards or 1,000 tons per year of material such as gravel, rock, stone, sand, fill or minerals from the site, or an operation two acres of active face at one time plus an area equal size to the active face necessary for accessory use.

Manufactured Home/Mobile Home - a factory-built one-family dwelling constructed on a chassis to facilitate its transportation to the site. Such structures shall be at lest 12 feet wide and not less than 750 square feet, a self-contained single unit (excluding modular homes), and shall meet the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development and applicable standards of the New York State Building Code. A mobile home shall not be constructed to be a travel trailer or a recreational vehicle.

Motel - a building or group of buildings which: (a) contains living or sleeping accommodations used primarily for transient occupancy, and (b) has individual entrances from outside the building to serve each accommodation.

Non-conforming Unit - a building, structure or use of land lawfully existing at the time of the enactment of this Law which does not conform to the regulations of the district or districts in which it is located.

Off Premises Sign - a sign unrelated to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.

Oil and Natural Gas Drilling - Any oil or natural gas exploration activities such as drilling or seismic testing, or any new operation which extracts petroleum such as crude oil or natural gas from the earth.

Open Space - A parcel or parcels of land or an area of water, or a combination of land and water, within a subdivision, with parcel or parcels have been designed and intended for use or enjoyment of residents of the development. It does not include streets, off-street parking areas and areas set aside for utility placement, rights-of-way or similar public facilities.

Outdoor Recreation - and recreational use particular orientated to and utilizing the outdoor character of an area including, but not limited to, a snowmobile, trail bike, jeep and all terrain vehicle trails; cross-country ski trail; hiking and backpacking trail; bicycle trial; horse trail; playground, picnic area, or similar use in which no physical alteration to the land occurs.

Performance Bond - a guarantee through a bond which has been approved by the Town Board after review by the Planning Board that certain improvements will be instituted in the future by the developer.

Planned Unit Development - a development design technique concentrating buildings on specific areas of a site to allow the remaining land to be used for recreation, open space, and preservation of environmentally sensitive features.

Principal Permit Use - for the purpose of this Law, any use which is allowed by right in a zoned district without review of the Planning Board.

Private Garage - an enclosed or open structure which stores vehicles owned by the occupant of the property.

Private Stable - a stable for horses used primarily by the owner or occupant of the property.

Professional Office - See definition "Business and Professional Office."

Public Facilities and Utilities - land set aside for the development and maintenances of services provided for the public good by governmental agencies.

Public Parks and Recreational Facilities - land in public ownership set aside for public use which may or may not have developed recreational facilities such as playgrounds, tennis courts, baseball fields, picnic areas, and/or lavatories.

Public Stable - a stable for horses whose use is primarily by others who do not own the property.

Recreational Equipment- includes motorized boats, boat trailers, pick-up campers or coaches (designed to be mounted on automotive or truck vehicles), motorized dwellings, tent trailers, and the like, and cases and boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Retail Store - enclosed store for sale of retail goods, personal service shop, department store; shall not exclude any drive-up service, free-standing retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, and mobile home sales and service.

Service Establishment - a store or office offering the following types of services:

(a) personal convenience services, including, but not limited to, barber shops, beauty shops, shoe repair and dry cleaning shops.

(b) specialty services, including, but not limited to, photo studios, tailors, taxidermists and catering services.

(d) funeral parlors.

Service Station - any garage other than a private garage available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, fueling, or equipping of automobiles or other motor vehicles.

Sign - any material, structure or device, or part thereof, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including widow display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, sign boards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.

Temporary Sign - a sign related to a single activity or event having a duration of no more than thirty (30) days.

Window Sign - a sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window.

Sign Area - the entire area within a single continuous perimeter enclosing all elements of the sign which from an integral part of the display. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display.

Special Use - a use which because of its unique characteristics requires individual consideration through a review procedure established by the Planning Board, any may require certain conditions and safeguards before being granted a Special Use Permit.

Structure - anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.

Subdivision - means the division of any parcel of land into two or more lots, blocks, sites, with or without streets or highways, and includes re-subdivision. A condominium, or two house development, constitutes a subdivision.

Substandard Lot - any lot on record in the office of the County Clerk which does not meet the minimum area, width, or yard requirements for the district in which that lot is located.

Substantial Improvement - any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either;

(1) before the improvement or repair is started or;

(2) if the structure has been damaged and is being restored, before the damage occured.

For the purpose of this definition "substantial improvements" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either

(1) any project for the improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

(2) any alteration of a structure listed on the National Register of Historical Places or State Inventory of Historic Places.

Surveyor - a land surveyor licensed to practice in the State of New York.

Swimming Pools - a structured in-ground or above-ground pool of more than two (2) feet in height or six (6) inches in depth that is intended primarily for use in bathing, wading or swimming.

Town House - an attached dwelling where the owner owns the structure and the land directly under the building in fee. Town houses differ from condominiums in that a condominium owner only owns what is within the walls of the dwelling unit.

Variance - a modification of a provision of this Law by the Zoning Board of Appeals where strict enforcement of said provisions would cause undue hardship, owing to circumstances unique to the individual property on which the variance is sought.

Wildlife Management - management of natural wildlife and associated habitants with the intent of enhancing such to include both big and small game hunting and fishing activities.

Yard, Front - an open space extending across the entire width of the lot between the building line or front main wall of a building and the center line of the street or road right-of-way and into which space there shall be no extension of building parts other than steps, open porches, eaves, cornices and similar fixtures.

Yard, Rear - an open space extending across the entire width of the lot between the rear wall of the principal building and into which some space there shall be no extension of building parts other than steps, open porches, eaves, cornices and similar fixtures.

Yard, Side - an open space extending across the entire length of the lot between the side wall of the principal building and the side line of the lot and extending through from the front yard to the rear yard, and into which space there shall be no extension of building parts other than eaves with an overhand, rain water leaders, window slits, steps, open porches, cornices and similar fixtures. Side yards shall be measured in a line perpendicular to side lot lines.

This project was assisted by a grant from the Upper Delaware Council, Narrowsburg, NY 12767