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2024-1532024-153 Resolution Introducing Local Law No. 3 Of 2024 Which Would Amend Chapters 247, 85, and 240, Zoning, Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on July 8, 2024. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2024-153 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Mover Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ The following Resolution was introduced by Councilwoman Bettina and seconded by Casella. WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2024 which would Amend Chapters 247, 85 and 240, Zoning, Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapters 247, 85 and 240, Zoning, Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 3 of 2024 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 3 of 2024 for 7:00 PM on the 19th day of August, 2024 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 7/8/2024 The Resolution is hereby duly declared Adopted. JOSEPUP. PAOLONI, TOWN CLERK NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) 07 04 24 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 3 of the year 2024 A local law entitled "A Local Law No. 3 Of 2024 Which Would Amend Chapters 247 and 240, Zoning, Of the Town Code With Respect To A Variety Of Definitions, and Zoninq Codes Regarding Businesses, and Planning" Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 3 OF THE YEAR 2024 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 3 of 2024, for the Purpose of Amending Chapters 247 and 240, Zoning of the Town Code with Respect to a Variety of Definitions, and Zoning Codes Regarding Businesses, and Planning" Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapters 247 and 240, Zoning of the Town Code with respect to a variety of Definitions, and Zoning Codes Regarding Businesses, and Planning. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 240-5, Zoning 1. § 240-5 Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY APARTMENT A dwelling unit which is incidental and subordinate to and located within a permitted one - family dwelling. [Amended 6-27-2005 by L.L. No. 6-2005; 5-14-2018 by L.L. No. 6-2018] ACT The Telecommunications Act of 1996. [Added 4-27-1998 by L.L. No. 4-1998] ADEQUATE CAPACITY Capacity is considered to be adequate if the grade of service is p.02 or better based on the Erlang "B" formula for at least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the personal wireless service facility in question, where the call blocking is due to frequency contention at the antenna(s). [Added 4-27-1998 by L.L. No. 4-1998] ADEQUATE COVERAGE Coverage is considered to be adequate within that area surrounding a base station where the predicted or measured median field strength of the transmittal signal is greater than or equal to -95 dbm for at least 75% of the intended coverage area. It is acceptable for there to be holes 4 within the area of adequate coverage where the signal is less than -95 dbm, as long as the signal regains its strength to greater than or equal to -95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than or equal to -95 dbm. [Added 4-27-1998 by L.L. No. 4-1998] ADULT BOOK AND/OR VIDEO STORE An establishment, whether retail or wholesale, having more than 20% of its stock -in -trade in recordings, books, magazines, periodicals, films, videotapes/cassettes or other audio or viewing materials forsale orviewing on or off the premises, which materials are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas and which establishment excludes minors by reason of age. ADULT CABARET An establishment which presents topless and/or bottomless dancers, strippers, male or female impersonators, exotic dancers or other similar entertainers and which establishment excludes minors by reason of age. ADULT HOTEL OR MOTEL A hotel or motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows and/or videotapes with material distinguished or characterized by their primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas which, if presented in a public movie theater, would exclude minors by reason of age. ADULT THEATER An establishment presenting films, videotapes/cassettes or other viewing materials to patrons, which materials are distinguished or characterized by its primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons and which establishment excludes minors by reason of age. ADULT USE This use includes adult book and/or video store, adult cabaret, adult hotel or motel, adult theater, massage establishment and any other use which is distinguished or characterized by its emphasis on sexual activities or sexual anatomical areas and which exclude minors by reason of age. Any use, such as for example a hotel, which includes any form of adult use as a principal use or as an accessory use shall be considered an adult use for the purposes of this chapter. ALL -TERRAIN VEHICLE (ATV) 3 Any self-propelled vehicle which is manufactured for sale for operation primarily on off- highway trails or off-highway competitions and only incidentally operated on public highways and as further defined by § 2281 of the New York State Vehicle and Traffic Law or any successor statute. All -terrain vehicles shall include, but not be limited to, off-road motorcycles, minibikes, go-carts and snowmobiles but shall exclude golf carts. [Added 1-28-2013 by L.L. No. 6-2013] ALTER To change, enlarge or rearrange the structural parts or the entrance or exit facilities of a structure or to move a building from one location or position to another. ANTENNA A device which is attached to a tower or other structure, for transmitting and receiving electromagnetic waves, including but not limited to the transmitting and receiving of electromagnetic waves in conjunction with radio and television services. For the purpose of § 240-81 of the Zoning Law of the Town of Wappinger, this term shall not include antennas which are incidental to an accessory use. [Added 4-27-1998 by L.L. No. 4-1998] ANTIQUE PASSENGER MOTOR VEHICLE A passenger motor vehicle which is a minimum of 40 years of age and having a curb weight of not more than 6,000 pounds. [Added 6-12-2017 by L.L. No. 3-2017] ARTS AND CRAFTS OCCUPATION Any use involving the individual creation, fabrication, storing or retail sale of items or articles considered to be of an artistic nature, including drama, music, painting, pottery and sculpture studios. AS -BUILT SURVEY A land survey that shows the final horizontal and vertical field location of constructed improvements on a lot including any approved design changes and field changes. This type of survey depicts the location of all improvements on a site including aboveground and below -ground structures such as buildings, parking areas, utilities, storm drainage systems, sewer disposal systems, water supply systems and any other constructed features. [Added 4-27-2015 by L.L. No. 1-2015; amended 1-30-2017 by L.L. No. 1-2017[1]] AVAILABLE SPACE The space on a tower or structure to which antennas of a personal wireless service provider are both structurally able and electromagnetically able to be attached and which is available for rental to the applicant at fair market prices and terms and on which space and location will provide necessary coverage. [Added 4-27-1998 by L.L. No. 4-1998] N BAR An establishment serving alcoholic and nonalcoholic beverages for consumption on premises and where food may be served as an accessory use. The term "bar" includes the terms "barroom," "wine bar," "tavern," "pub" and "saloon." A bar may include an accessory entertainment use. [Added 5-14-2018 by L.L. No. 6-2018] BASEMENT A portion of a building which is partly underground, but which has less than half of its clear height below the average elevation of the adjoining ground. (See definition of "cellar" for comparison.) BASE STATION The primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of personal wire service provider can be located on a single tower or structure. [Added 4-27-1998 by L.L. No. 4-1998] BED -AND -BREAKFAST ESTABLISHMENT A dwelling containing more than two but fewer than six rooms without individual kitchen facilities, which are provided or offered for occupation by transient guests for sleeping purposes for compensation. The term "bed -and -breakfast establishment" shall not include motels, hotels, multifamily dwellings or boardinghouses. BOARDINGHOUSE A building or portion thereof containing three or more sleeping rooms or efficiency units that are occupied on a nontransient basis for compensation, whether the compensation is paid directly or indirectly. Notwithstanding the above, a boardinghouse shall be permitted to have one one -bedroom dwelling unit for the caretaker of the premises. The term "boardinghouse" shall be deemed to include rooming house, but not bed -and -breakfast establishment, inn, motel, hotel, halfway house or multifamily dwelling. [Amended 11-12-2013 by L.L. No. 14-2013] BUILDING Any structure having a roof which is self-supporting or supported by columns, studs, poles or similar supports or by walls, and which is intended for the shelter, housing or enclosure of persons, animals or property. [Amended 1-23-2012 by L.L. No. 3-2012] BUILDING, ACCESSORY A building which is subordinate to the principal building on the lot and used for purposes customarily incidental to that of the principal building. Accessory buildings shall include but 5 not be limited to barns, garages, sheds, huts, garage- or shed -like tents, fabric shelters, etc. Where an accessory building is attached to the principal building in a substantial manner, as by a common wall or roof, such accessory building shall be considered part of the principal building. An accessory building connected to the principal building by an enclosed and heated breezeway shall also be considered part of the principal building. [Amended 1-23-2012 by L.L. No. 3-2012; 9-9-2013 by L.L. No. 13-2013; 4-27-2015 by L.L. No. 1- 2015; 1-30-2017 by L.L. No. 1-2017;[2] 9-10-2020 by L.L. No. 3-2020] BUILDING AREA The total area taken on a horizontal plane at the main grade level of all principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps and terraces. BUILDING COVERAGE That percentage of the lot area covered by the combined building area of all buildings or structures on the lot. BUILDING HEIGHT The greatest vertical distance measured from the adjoining finished grade at the front of a building to the highest point of the roof if the roof is flat or to the mean level between the eaves and the highest point of the roof if the roof is of any other type. [Amended 8-5-2002 by L.L. No. 10-2002] BUILDING -INTEGRATED PHOTOVOLTAIC PRODUCT A building product that incorporates photovoltaic modules and functions as a component of the building envelope, which includes photovoltaic siding, photovoltaic canopies and awnings, photovoltaic shingles and other photovoltaic roof coverings (ICC Code def). [Added 7-11-2016 by L.L. No. 2-2016] BUILDING -INTEGRATED PHOTOVOLTAIC SYSTEM A solar energy system that uses building -integrated photovoltaic products. [Added 7-11-2016 by L.L. No. 2-2016] BUILDING LENGTH The least horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of its greatest dimension. BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the lot on which said building is situated. BUILDING SETBACK LINE I A line indicating the minimum horizontal distance permitted between the outside line of a structure or building or any projection thereof in excess of three feet from the foundation and the lot line or street line. CAMP Any area of land or of land and water, including any buildings, tents, shelters or other accommodations, which are intended for temporary or seasonal living purposes, and any dwelling units on such land which are occupied by the owner, caretaker or superintendent. CAMP, DAY Any camp, as defined in this chapter, offering day care or instruction for adults or children. CELLAR A portion of a building which is partly or wholly underground and which has half or more than half of its clear height below the average elevation of the adjoining ground. (See definition of "basement" for comparison). CHANNEL The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.[3] [Added 4-27-1998 by L.L. No. 4-1998] CLUB A voluntary organization, not conducted for gain, with the facilities catering principally to members and to their guests for recreational, athletic or social purposes. COMMERCIAL OR INDUSTRIAL LAUNDRY An establishment engaged in laundering and/or supplying laundered items, such as uniforms, gowns and coats, table linens, bed linens and clean room apparel on a rental or contract basis to entities such as industrial plants, institutions, retail establishments and hospitality industries. [Added 4-27-2015 by L.L. No. 1-2015; amended 1-30-2017 by L.L. No. 1-2017[4]] COMMERCIAL RECREATION FACILITIES Commercial facilities designed and used for the following participatory athletic and general recreation activities and including the incidental retail sale of sundries, snacks and other refreshments: A. Miniature golf courses. B. Water parks, including water slides and wave pools. C. Boat and/or jet ski rentals. 7 D. Amusement parks, typically including facilities such as ferris wheels, roller coasters and other motorized or mechanical rides and games, batting cages, bumper boats, go-cart tracks and bungee jumping. E. Gymnastic centers. F. Outdoor roller parks, designed and used for skateboarding, roller-blading and/or roller- skating. G. Indoor roller rinks, designed and used for ice skating, hockey, figure skating, roller-skating and/or roller-blading. H. Amusement centers, typically consisting of coin- or token -operated machines and devices such as video, pinball and billiard games. Bowling alleys. COMMUNICATION EQUIPMENT SHELTER A structure located at a base station designed principally to enclose equipment used in connection with personal wireless service transmissions. [Added 4-27-1998 by L.L. No. 4-1998] CONGREGATE CARE FACILITIES Facilities providing residential care and services in community integrated settings to 40 or more ambulatory adults, primarily persons 65 years of age or older, who may require assistance with daily activities. Such services include twenty -four-hour supervision, room and board, housekeeping, case management, recreation programs, medication management and, where necessary, provision or arrangement for the provision of enhanced professional services such as medical, nursing, physical therapy and other personal care services. Congregate care facilities include assisted living program and adult care facilities run in accordance with New York State requirements. [Added 1-26-1998 by L.L. No. 1-1998] CONVALESCENT HOME OR NURSING HOME Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals and establishments licensed by the State Commissioner of Mental Hygiene and other than maternity homes licensed by the State Commissioner of Health. CORNER LOT A lot situated at the junction of and fronting on two or more intersecting streets where the angle of the streets is 1350 or less. CREMAINS The pet remains after cremation. [Added 10-27-2008 by L.L. No. 7-2008] DAY-CARE CENTER A structure, together with the necessary surrounding lands, which contains a program providing care for three or more children away from their home for more than three hours per day, excluding those children receiving family day care, as defined in this section. The term "day-care center" shall not refer to a day camp; an after-school program operated for the primary purpose of religious education; or a facility operated by a public school district. DBM Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt. [Added 4-27-1998 by L.L. No. 4-1998] DECIBEL A unit of measurement of intensity of sound (the sound pressure level).[5] DESIGNED RESIDENTIAL DEVELOPMENT A group of residential dwelling units and accessory uses constructed or to be constructed as a unified project under a General Land Use and Development Plan approved in accordance with the requirements of this chapter. DUMP A lot or parcel of land or part thereof, used primarily for the disposal by abandonment, dumping, 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. (See definition of junkyard" for comparison). DUST Solid particulate matter capable of being air or gas borne. DWELLING A building containing one or more dwelling units. DWELLING, MULTIFAMILY A dwelling containing three or more dwelling units. DWELLING, ONE -FAMILY A dwelling containing a single principal dwelling unit. DWELLING, TWO-FAMILY 9 A dwelling containing two principal dwelling units. DWELLING UNIT A building or portion thereof providing complete housekeeping facilities for one family including independent kitchen, sanitary and sleeping facilities, and physically separate from any other dwelling unit, whether or not in the same building. DWELLING UNIT, ATTACHED A dwelling unit having at least one common wall, floor or ceiling with one or more other dwelling units. DWELLING UNIT, DETACHED A single dwelling unit located in its own separate building which does not abut any other dwelling unit. EFFICIENCY UNIT A small dwelling unit, usually consisting of a single room and a bathroom, within a boardinghouse or multifamily dwelling. [Added 11-12-2013 by L.L. No. 14-2013] ELECTROMAGNETICALLY ABLE The determination that the new signal from and to the proposed new antenna will not significantly interfere with the existing signals from and to other facilities located on the same tower or structure as determined by a qualified telecommunications engineer. The use of available technologies to alleviate such interferences shall be considered when making this determination. [Added 4-27-1998 by L.L. No. 4-1998] EMF Electromagnetic field. [Added 4-27-1998 by L.L. No. 4-1998] ENTERTAINMENT USE A. Commercial establishments designed and used for any of the following activities: (1) Comedy clubs. (2) Dinner theaters. (3) Playhouses. (4) Nightclubs. 10 (5) Dance clubs. B. This use specifically excludes adult uses. ERP Effective radiated power. [Added 4-27-1998 by L.L. No. 4-1998] FACILITY SITE A property, or any part thereof, which is owned or leased by one or more personal wireless service providers and upon which one or more personal wireless service facility(ies) and required landscaping are located. [Added 4-27-1998 by L.L. No. 4-1998] FACTORY MANUFACTURED HOME A structure designed for residential occupancy, which is constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities and which is intended or designed for permanent installation or assembly and permanent installation, on a foundation, on a building site. FAMILY A group of related individuals living and cooking together as a single housekeeping unit, or a group of unrelated individuals living and cooking together as a single housekeeping unit in a manner which is the functional equivalent of said related individuals. A foster home under the jurisdiction of a public agency shall be considered a family for the purpose of this chapter. [Amended 9-24-2001 by L.L. No. 5-2001] FAMILY DAY-CARE HOME A structure, together with the necessary surrounding lands, which contains a program providing care for at least three but not more than six children away from their home for more than three hours per day. A family day-care home, as defined herein, is generally operated in an existing residential structure by a resident thereof and is subject to licensing by the New York State Department of Social Services. FARM ANIMAL Livestock, poultry and insects customarily associated with agricultural operations, such as cattle, sheep, hogs, goats, horses, chickens, guinea fowl, pigeons, ratites such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur -bearing animals, wool -bearing animals such as alpacas and llamas, and bees. [Added 1-23-2012 by L.L. No. 3-2012] FARM AN I MAL, LARGE Animals including cattle, sheep, hogs, goats, horses, ratites such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, and wool -bearing animals such as alpacas and llamas. [Added 1-23-2012 by L.L. No. 3-2012] FARM USE The use of a parcel of land either as a principal use or as an accessory use for the purpose of producing agricultural, horticultural, floricultural, vegetable or fruit products of the soil, livestock or meats, poultry, eggs, dairy products, nuts, honey, wool or hides, but shall not include the breeding, raising or maintaining of fur -bearing animals or piggeries, abattoirs, riding academies, livery stables or commercial kennels. FAST-FOOD ESTABLISHMENT A business enterprise primarily engaged in the sale of preprepared or quickly prepared food and beverages in disposable containers or wrappers, selected by patrons from a limited line of specialized items such as hamburgers, chicken, pizza, tacos, hot dogs, ice cream or yogurt for consumption either on or off the premises, in a facility in which a major portion of the sales to patrons is at a stand-up or drive-through type counter. A delicatessen or a restaurant selling food and beverages for consumption off the premises is not a fast-food establishment, provided that such sale as described above is not the principal business of the establishment. The conduct of a bakery or delicatessen shall not be deemed to be a fast-food establishment. FCC Federal Communications Commission; the government agency responsible for regulating telecommunications in the United States. [Added 4-27-1998 by L.L. No. 4-1998] FIELD CHANGE A change to an approved plan made during the course of site development work or construction work required by unforeseen site constraints and/or technical or engineering considerations where the change does not match the plan that was originally approved but is generally consistent with the approved plan. [Added 4-27-2015 by L.L. No. 1-2015; amended 1-30-2017 by L.L. No. 1-2017[6]] FILED MAP Any map or plat filed in the County Clerk's office of Dutchess County. FLOOD A temporary increase in stream flow or stage that results in water inundating areas adjacent or near to the usual channel. FLOOD, ONE -HUNDRED -YEAR The highest level of flood that, on the average, is that which has a one -percent chance of occurring in any year. `Pa FLOOD -PRONE AREAS OR FLOODPLAIN The channel of a watercourse and its adjacent areas subject to inundation by the one - hundred -year recurrence interval flood. FLOOR AREA, GROSS (GFA) The sum of the gross horizontal area of every floor of a building or buildings, measured from the exterior faces of the outside walls of such buildings, but not to include porches, terraces, basements, cellars or unfinished floor areas having a clear head room of less than seven feet. FLOOR AREA RATIO (FAR) The gross floor area of all buildings on a lot divided by the area of such lot. FREQUENCY The number of oscillations per second of a vibration. FRONTAGE The continuous extent of a lot along a street. GARAGE, PRIVATE An accessory building or that part of a principal building which is primarily used only for the storage of motor vehicles belonging to residents, employees or visitors of the premises. GARAGE, REPAIR A building or portion thereof used for the storage, care or repair of motor vehicles for remuneration, including but not limited to the conduct of engine work, body work, major structural repair, painting or restoration. Permitted accessory uses may include the sale of motor fuels dispensed from pumps, the sale of motor vehicle accessories and supplies, and/or the rental of motor vehicles. [Amended 9-24-2001 by L.L. No. 5-2001] GASOLINE FILLING STATION An area of land, including structures thereon or a building or part thereof, other than a repair garage, that is used for the sale of motor fuels dispensed from pumps and motor vehicle accessories and supplies. Permitted accessory uses may include facilities for lubricating, washing or other minor servicing of motor vehicles and/or the retail sale of convenience items, including but not limited to snacks and beverages, provided such accessory uses are located indoors. The rental of motor vehicles is also a permitted accessory use. The conduct of motor vehicle body work, major structural repair or painting by any means are not permitted accessory uses. [Amended 9-24-2001 by L.L. No. 5-2001] GHZ 13 Gigahertz; 1,000,000,000 hertz. [Added 4-27-1998 by L.L. No. 4-1998] GRADE, FINISHED The finished grade at any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point. GRADE OF SERVICE A measure of the percentage of calls which are able to connect to the base station during the busiest hour of the day. Grade of service is expressed as a number, such as p.02, which means that 98% of callers will connect on their first try. A lower number (p.01) indicates a better grade of service. [Added 4-27-1998 by L.L. No. 4-1998] GREENHOUSE A building used as a conservatory for the growing and protection of flowers or plants and for the propagation and culture thereof. GROUND -MOUNTED SOLAR ENERGY SYSTEM A solar energy system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and attach it to the ground and not attached to any other structure. Ground -mounted solar energy systems include ground -mounted photovoltaic systems and ground -mounted solar thermal systems. [Added 7-11-2016 by L.L. No. 2-2016] HEALTH CARE OFFICE A facility used for the diagnosis and treatment of human patients by a health care professional that does not include overnight care facilities. This definition includes, but is not limited to, the office of a single health care professional, a group practice, an urgent care facility, a dialysis facility, a physical therapy facility, or an imaging facility. [Added 3-28-2016 by L.L. No. 1-2016] HEALTH CARE PROFESSIONAL A physician, psychiatrist, podiatrist, chiropractor, osteopath, audiologist, holistic medical practitioner, nurse practitioner, physical therapist, dentist, orthodontist, periodontist or similar such professionals that are licensed by the State of New York to provide health-related services to the general public. [Added 3-28-2016 by L.L. No. 1-2016] HEALTH, EXERCISE OR FITNESS CLUB Membership facilities designed and used for body conditioning and rehabilitation, including activities such as weight training, racquet sports and aerobic and related class exercises. Health, exercise or fitness clubs may contain equipment such as whirlpools, saunas, steam `C! rooms, showers, locker facilities and the incidental retail sale of sundries, snacks and other refreshments. HERTZ One hertz is the frequency of an electric or magnetic field which reverses polarity once each second or one cycle per second. [Added 4-27-1998 by L.L. No. 4-1998] HOME OCCUPATION The performance of a service for gain, which is conducted entirely within a dwelling unit or an accessory building meeting all applicable setback requirements, by the residents or owners thereof, which use is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof, which does not have any exterior evidence of such accessory use other than a permitted nameplate and which does not involve the keeping of stock in trade. A home occupation shall be limited to one employee, excluding the owner. A home occupation shall expressly be deemed to not include the sale of goods, products, equipment or materials, of every kind, nature or description (e.g., the sale of motor vehicles), or the conduct of a clinic, hospital, tearoom, boardinghouse, animal hospital, commercial kennel, convalescent home or funeral home. [Amended 9-9-2013 by L.L. No. 13-2013] HOSPITAL A building providing primarily inpatient services for the diagnosis and treatment of human ailments, including a sanatorium. [Amended 3-28-2016 by L.L. No. 1-2016] HOTEL A building or portion thereof, containing rooms without individual kitchen facilities, occupied by transient guests who are lodged with or without meals, which rooms have primary access from public halls and which such building or portion thereof may contain public rooms or halls for the service of food and drink, with or without entertainment, and other facilities intended to provide customary accessory conveniences or services normally incidental to and associated with such use. HOUSE TRAILER The same as "mobile home." INTERMENT The placement of pet remains in the earth or in a tomb. [Added 10-27-2008 by L.L. No. 7-2008] INURNMENT The placement of pet remains in an urn or in a tomb. 15 [Added 10-27-2008 by L.L. No. 7-2008] An area of land, with or without buildings, used for the outdoor storage of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, unlicensed vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more wrecked or broken vehicles or the major parts of two or more such vehicles on a lot for a period exceeding six months shall be deemed to make the lot a junkyard. (See definition of "dump" for comparison.) KENNEL, COMMERCIAL An establishment for the treatment, care, boarding or breeding of dogs or cats for remuneration. KENNEL, PRIVATE Structures, runs, storage areas or other customary appurtenant and accessory buildings, structures or facilities used for the keeping of four or more dogs or three or more cats over five months of age for noncommercial purposes. [Amended 1-23-2012 by L.L. No. 3-2012] LABORATORY, DENTAL An establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession, where patients are not ordinarily seen. [Added 3-28-2016 by L.L. No. 1-2016] LABORATORY, MEDICAL An establishment primarily engaged in providing professional analytic or testing services to the medical profession, where patients are not ordinarily seen; or an establishment primarily engaged in making prosthetic devices or hearing devices to order for the medical profession. [Added 3-28-2016 by L.L. No. 1-2016] LOADING SPACE An off-street area or berth for the loading or unloading of commercial vehicles. LOT A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such buildings. LOT AREA The total horizontal area included within the lot lines of a lot. 16 LOT DEPTH The mean horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines. LOT LINE A property line bounding a lot. LOT LINE, FRONT In the case of a lot abutting only one street, the lot line separating the lot from the street; in case of any other lot, the owner may elect any lot line abutting a street as the front lot line. LOT LINE, REAR The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line drawn parallel to the front lot line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line. LOT WIDTH The horizontal distance between the side lot lines taken at the front yard line or principal building line and measured along a line which is at right angles to the lot depth. MAJOR MODIFICATION OF AN EXISTING FACILITY Any change in maximum power input or output and/or number of channels or number of antennas and/or change in operating frequency approved under an existing special permit or site plan. [Added 4-27-1998 by L.L. No. 4-1998] MAJOR MODIFICATION OF AN EXISTING TOWER Any change or proposed change, in power input or output, number of antennas, change in antenna(s) type or model, repositioning of antenna(s), change in number of channels per antenna above the maximum number approved under an existing special permit; also, any increase or proposed increase in dimensions of an existing and permitted tower or other structure designed to support personal wireless service transmission, receiving and/or relaying antennas and/or equipment. [Added 4-27-1998 by L.L. No. 4-1998] MASSAGE A method of treating the external part of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument. MASSAGE ESTABLISHMENT An establishment where massages are administered, excluding hospitals, nursing homes, medical clinics, offices of practitioners duly licensed by the State of New York, and also excluding barbershops, beauty salons or spas in which massages are administered only to 17 the scalp, face, neck, back, feet and/or shoulders. This definition shall also exclude health, exercise or fitness clubs that have facilities for physical exercise such as tennis courts, racquetball courts and/or exercise rooms and which do not receive their primary source of revenue through the administration of massages. This definition shall further exclude any volunteer fire department or volunteer rescue squad, any nonprofit organization operating a community center and other such similar educational, cultural, recreational or athletic facilities. A massage establishment where any of the practitioners are not licensed by the State of New York shall be considered to be an adult use as defined herein. [Amended 11-13-2019 by L.L. No. 6-2019] MASSAGE TECHNICIAN Any individual who administers a massage to another individual at a massage establishment. This definition shall not include practitioners duly licensed by the State of New York.[7] MHZ Megahertz; 1,000,000 hertz. [Added 4-27-1998 by L.L. No. 4-1998] MICROBREWER A facility for the production, packaging and sampling of malt beverages of alcoholic and/or nonalcoholic content for retail or wholesale distribution, on or off the premises, which does not produce more than 75,000 barrels of beverage per year and which is subject to State Liquor Authority licensing. [Added 5-14-2018 by L.L. No. 6-2018] MICRODISTILLER A facility for the production, packaging and sampling of non -malt beverages of alcoholic content for retail or wholesale distribution, on or off the premises, which does not produce more than 75,000 gallons of beverage per year and which is subject to State Liquor Authority licensing. [Added 5-14-2018 by L.L. No. 6-2018] MOBILE HOME A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, to be connected to utilities and designed and constructed without a permanent foundation, for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated touring. "Mobile home" shall mean units designed to be used exclusively for residential purposes, excluding travel trailer. MOBILE HOME PARK 0.0 Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes, are or can be located, regardless of whether or not a charge is made for such accommodation. The term "mobile home park" shall include the terms "house trailer park," "mobile home trailer park," "trailer camp" or other similar phrase. MONITORING The measurement, by the use of instruments in the field, of the electromagnetic radiation from a site as a whole or from individual personal wireless service facilities, towers, antennas or repeaters. [Added 4-27-1998 by L.L. No. 4-1998] MONITORING PROTOCOL An approved testing protocol as defined in the most current FCC regulations. As of August 15, 1997, the most current practice is referenced in FCC regulations, Title 47, Part 1, Section 1.1307, as IEEE C95.3 1991. The SPGA may, as the technology changes, require by written regulation the use of other testing protocols. A copy of the monitoring protocol shall be on file with the Town Clerk. [Added 4-27-1998 by L.L. No. 4-1998] MOTEL A series of attached or detached dormitory units, having a private outside entrance for each unit, providing an automobile parking space convenient to each unit and providing lodging with or without meals and other incidental services for a transient clientele. "Automobile court" and "tourist court" shall both be deemed to be a motel. NET ENERGY METERING Use of a net energy meter to measure the net amount of electricity supplied to the premises equipped with a solar energy system less the electricity provided by the solar energy system to the electric corporation. Net metering shall be in accordance with NY Public Service Law § 66-j. [Added 7-11-2016 by L.L. No. 2-2016] NET LOT AREA The gross area of a property minus 100% of the area of wetlands, lands within the one - hundred -year floodplain, and areas of steep slopes in excess of 25% when measured over a distance of 50 feet. [Added 9-9-2002 by L.L. No. 13-2002] NONCONFORMING USE A use of a building, structure or land that does not conform to the regulations as to use in the zoning district in which it is located, which use was lawful under the Zoning Law in effect at the time the use was established. 19 NURSERY SCHOOL A business enterprise providing care or instruction of three or more children less than six years old and operated in accordance with the Social Services Law of the State of New York. NURSING HOME The same as "convalescent home." OCTAVE BAND A means of dividing the range of sound frequencies into octaves, in order to classify sound according to pitch. OCTAVE BAND FILTER An instrument, standardized by the American Standards Association, used in conjunction with a sound level meter to take measurements in specific octave bands. OFFICIAL MAP A map, adopted by the Town Board in accordance with the provisions of § 270 of the Town Law, showing streets, highways and parks. Drainage systems may also be shown on this map. ' II' I'I 1511) Cor 01)EN AREA Any area or space characterized by natural scenic beauty or whose existing openness, natural condition or present state of use enhances the present or potential value of abutting or surrounding development or maintains or enhances the conservation of natural or scenic resources as expressed In the ""'own of Wappinger Ccaipr6heiirm ilve Plan For purposes of this section, natural resources shall include but not be limited to agricultural lands used or possessing the potential for use in bona fide agricultural production, mature forest, wetlands, floc 11 111 shin , water Il c ile , stream corridors, and scenicire n open space sIhall isnot Il be Just Ill in "IIeft over" Il because of Its unsultability for development Such areas sIhall enconipass l n hav'ing irraeiniiingfull ecological, aesthetic andiirecreational 6haracteristics, i[fh access, sIhape, dimensions, Illc tlilo�in,,tollpogiira11pll�iy andiinature and extent of Improvements uiltable, In the opinion of the ,'own IBoard and the ,'own Planning IBoard for the iiiiirmteinde purposes PARKING AREA An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto, having usable access to a street. PARKING SPACE An off-street space available for the parking of one motor vehicle on a transient basis, having usable access to a street. PARTICULATE MATTER 20 Any finely divided liquid or solid matter, including smoke, capable of being air or gas borne. PAWNSHOP An establishment operated by a person, partnership or corporation which loans money on deposit or pledge of personal property, other than securities or printed evidences of indebtedness, or deals in the purchasing of personal property on condition of selling said property back at a stipulated price. [Added 5-11-2009 by L.L. No. 5-2009] PERSONAL SERVICE BUSINESS A business enterprise engaged in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to beauty and barber shops, dressmakers, tailor shops, watch repair, clothing and shoe repair, laundromats, laundry and dry cleaners (not including commercial or industrial laundries), nail salons and tanning salons, and excluding tattoo parlors. [Added 4-27-2015 by L.L. No. 1-2015; amended 1-30-2017 by L.L. No. 1-2017[8]] PERSONAL WIRELESS SERVICE Commercial mobile service, unlicensed wireless services and common carrier wireless exchange access services, which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended. These services include cellular services, personal communications services (PCS), specialized mobile radio services and paging services. [Added 4-27-1998 by L.L. No. 4-1998] PERSONAL WIRELESS SERVICE FACILITY (PWSF) Any equipment used in connection with the commercial operation of personal wireless services facility, as defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures. [Added 4-27-1998 by L.L. No. 4-1998] PERSONAL WIRELESS SERVICE PROVIDER An entity licensed by the FCC to provide personal wireless services. [Added 4-27-1998 by L.L. No. 4-1998] PET Any domestic animal that has been adapted or tamed to live in intimate association with people, but is not limited to dogs, cats, rodents, fish, birds, snakes, turtles, lizards, frogs and rabbits, but excluding farm animals as defined herein. 21 [Added 10-27-2008 by L.L. No. 7-2008; amended 1-23-2012 by L.L. No. 3-2012] PET CREMATORIUM Any facility providing the cremation of pets to veterinarians or members of the general public, by any person for a fee, whether or not not-for-profit, and which is licensed under § 750 of Article 35-C of the General Business Law of New York State. [Added 10-27-2008 by L.L. No. 7-2008] PET DAY CARE An establishment for the care or boarding of pets for remuneration. [Added 9-9-2013 by L.L. No. 13-2013] PHOTOVOLTAIC MODULE A complete, environmentally protected unit consisting of solar cells, optics and other components, exclusive of a tracker, designed to generate DC power when exposed to sunlight (ICC Code def). [Added 7-11-2016 by L.L. No. 2-2016] PHOTOVOLTAIC PANEL A collection of modules mechanically fastened together, wired, and designed to provide a field -installable unit (ICC Code def). [Added 7-11-2016 by L.L. No. 2-2016] PHOTOVOLTAIC PANEL SYSTEM A system that incorporates discrete photovoltaic panels, that converts solar radiation into electricity, including rack support systems (ICC Code def). [Added 7-11-2016 by L.L. No. 2-2016] PLANNED UNIT DEVELOPMENT A single development containing a combination of one or more of the following: residential dwellings and/or commercial, industrial and/or office space; all constructed or to be constructed as a unified project under a General Land Use and Development Plan approved in accordance with the requirements of this chapter. PORCH A roofed structure projecting out from the wall or walls of a principal structure and which may be open to the weather. PORTABLE STORAGE UNIT A container not more than eight feet wide, 16 feet long and eight feet high, also sometimes known as a "POD," which is designed for the storage of personal property and which is typically rented to the owner and/or occupant of the premises for his/her temporary use and which is typically delivered and removed by truck. KAI [Added 1-23-2012 by L.L. No. 3-2012] PRIVATE, COMMUNITY OR FRATERNAL RECREATION CLUB A not-for-profit corporation organized to cater exclusively to its members and their guests, including land, buildings and swimming, tennis, golf and/or other types of country club facilities for recreational, athletic, social, professional and/or cultural purposes. The members of the organization shall have a financial interest in and a method of control of, the assets and management of the private, community or fraternal recreation club. PROFESSIONAL OFFICE An office used by an architect, attorney, engineer, insurance broker, insurance salesman, real estate broker, real estate salesman, surveyor or other similar professional. A health care office is not a professional office. [Added 9-24-2001 by L.L. No. 5-2001; amended3-28-2016 by L.L. No. 1-2016] PROFESSIONAL STUDIO A space used as a place of work, display or instruction by a musician, artist, craftsperson, photographer or other similar artisan. [Added 9-24-2001 by L.L. No. 5-2001] QUALIFIED SOLAR INSTALLER A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. [Added 7-11-2016 by L.L. No. 2-2016] RADIATION PROPAGATION STUDIES OR RADIAL PLOTS Computer generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above ground and above mean sea level, power input and output, frequency output, type of antenna(s), antenna(s) gain energy dispersion characteristics and topography of both the site and its surrounding are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide adequate coverage for the personal wireless telecommunications service facility proposed for that site. [Added 4-27-1998 by L.L. No. 4-1998] REPEATER A small receiver/relay transmitter of not more than 20 watts output designed to extend service to areas which are not able to receive adequate coverage directly from a base station, using the same channels as the base station. 23 [Added 4-27-1998 by L.L. No. 4-1998] RESTAURANT An establishment which prepares and serves food and beverages selected by patrons from a menu, or at a buffet, and consumed on the premises, and which contains permanent seating facilities and counters or tables adequate to accommodate the customers served. A restaurant may include the serving of alcoholic beverages if licensed by the State Liquor Authority and may provide for carry -out food service if incidental to the consumption of food and beverages on the premises. Specifically excluded from the term "restaurant" are stand- alone, franchise fast-food establishments, carry -out food service establishments, delicatessens, refreshment stands, and curb service or drive -in -type food establishments. A restaurant may include an accessory entertainment use. [Amended 5-14-2018 by L.L. No. 6-2018] RESTAURANT -BREWER or BREW PUB A bar or restaurant, as defined in this chapter, that includes as an accessory use the brewing of malt beverages for consumption on premises and which is subject to State Liquor Authority licensing. The area used for brewing, including bottling and kegging, shall not exceed 30% of the gross floor area of the space approved for the restaurant -brewer or brew pub use and shall not produce more than 5,000 barrels of beverage per year. A restaurant - brewer or brew pub may include an accessory entertainment use. [Added 5-14-2018 by L.L. No. 6-2018] RESTORATION OF ANTIQUE PASSENGER MOTOR VEHICLES Shall include the repair, reconstruction, painting, refurbishing and/or rehabilitation of an antique passenger motor vehicle to restore the vehicle as close as practicable to its original condition. [Added 6-12-2017 by L.L. No. 3-2017] RINGELMANN SMOKE CHART A chart for determining the density of smoke and which is issued by the Federal Bureau of Mines. ROOFTOP -MOUNTED PHOTOVOLTAIC SYSTEM A photovoltaic panel system installed on or above the roof covering. A rooftop -mounted photovoltaic systems are comprised of photovoltaic panels that are fixed and flush -mounted to the roof, rack -supported systems that may be articulated and titled or a combination of the two. A rooftop -mounted photovoltaic system does not include building -integrated photovoltaic products like photovoltaic roof coverings. [Added 7-11-2016 by L.L. No. 2-2016] ROOFTOP -MOUNTED SOLAR ENERGY SYSTEM A solar energy system installed on or above the roof covering. Rooftop -mounted solar energy systems include rooftop -mounted photovoltaic systems and rooftop -mounted solar thermal systems. [Added 7-11-2016 by L.L. No. 2-2016] ROOMING HOUSE The same as "boardinghouse." SATELLITE RECEIVING ANTENNA Any apparatus or device, commonly known as an "earth terminal antenna," "earth terminal," "earth station," "satellite communication antenna," "satellite antenna," "microwave dish antenna" or "dish antenna" and which includes as part of such apparatus or device the main reflector, sub -reflector feed, amplifier and support structure, which is designed for the purpose of receiving microwave, television, radio, satellite or other electromagnetic energy signals from space; this does not include a conventional television, radio or amateur radio antenna. SCHOOL, PRIVATE A kindergarten, primary or secondary school which is not operated by a public school district, but which furnishes a comprehensive curriculum of academic instruction similar to that of a public school or a nursery school specifically designed and used to provide care or instruction for two or more children under six years of age. SCHOOL, PUBLIC An educational institution operated by a public school district in accordance with the Education Law of the State of New York. SEXUAL ACTIVITIES Any act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is female, breast. SIGN Any structure or part thereof or any device attached thereto or painted thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, work, model, banner, emblem, light, device, trademark or other representation used as an announcement, designation, direction, display or advertisement of any person, firm, group, organization, commodity, service, profession or enterprise when placed in such manner that it provides visual communication to the general public out-of-doors, but not including the following: A. Signs maintained or required to be maintained by law or governmental order. B. 25 The flag or insignia of any government or governmental agency. C. The flag of any civic, political, charitable, religious, fraternal or similar organization, which is hung on a flagpole or mast. D. Religious or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices. SIGN AREA Where a sign consists of a single board or face with information on one side or both sides, the area which results by including the outside dimensions of such sign, not including the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure or building unless such supports are evidently designed to be part of the sign, as defined herein. Where a sign consists of several individual faces, the area shall be the total of the area of all such faces which can be observed from any one point. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be that of the smallest basic geometric shape (rectangle, triangle or circle) which encompasses all of the letters or symbols. SMOKE Any emission into the open air from any source, except emissions of uncontaminated water vapor. SMOKE OR I' I ' 151101) Asm esta lllllslhi eint Il primarily engaged In the iiretalll sale oftobacco, tobacco Ilproducts, or tobacco Ilparaplhernalla, electronic smoking devices, liquid iin1cotiiiiir e containers or vapor Ilproducts A use sIhall Il be defined as a smoke or vape sIhop IIby considering factors IIh as the Ilproportion of floor area dedicateto the display or sale of saidproducts, the Ilproportion of total iirewreiirmue derived fiironi saidproducts, and the overall imarketing or branding of the esta lllilslhi aeint SMOKE UNIT A measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Ringelmann Smoke Chart by the time of emission in minutes. For example, the emission of Ringelmann Smoke Chart No. 1 for one minute equals one smoke unit. SOLAR ACCESS Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties. [Added 7-11-2016 by L.L. No. 2-2016] SOLAR COLLECTOR 26 A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. [Added 7-11-2016 by L.L. No. 2-2016] SOLAR EASEMENT An easement recorded pursuant to NY Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector. [Added 7-11-2016 by L.L. No. 2-2016] SOLAR ENERGY EQUIPMENT Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. [Added 7-11-2016 by L.L. No. 2-2016] SOLAR ENERGY SYSTEM The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. Solar energy systems include, but are not limited to, solar photovoltaic (PV) systems and solar thermal systems. [Added 7-11-2016 by L.L. No. 2-2016] SOLAR FARM A ground -mounted solar energy system that is intended to generate electricity or thermal energy for commercial sale in the electricity or energy markets. Ground -mounted photovoltaic systems that are net metered and exceed the kW thresholds in the definition of "solar electric generating equipment" found at Public Service Law § 66+1)(d) are considered a solar farm. A solar farm is a principal land use for the parcel on which it is located. A ground - mounted solar energy system where the surface area of the solar collectors is greater than 2.0 acres is deemed to be a solar farm, notwithstanding that is located on a lot with another use. [Added 7-11-2016 by L.L. No. 2-2016] SOLAR THERMAL SYSTEM An arrangement or combination of solar energy equipment using thermal solar energy to provide space heating or cooling, hot water heating, production of steam and swimming pool heating. [Added 7-11-2016 by L.L. No. 2-2016] SOUND LEVEL METER 27 An instrument, standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels. SPECIAL PERMIT GRANTING AUTHORITY (SPGA) The Planning Board shall be the SPGA under § 240-81 of the Zoning Law. [Added 4-27-1998 by L.L. No. 4-1998] STABLE, COMMERCIAL A building in which any horses are kept for remuneration, hire or sale. [Added 9-24-2001 by L.L. No. 5-2001] STABLE, PRIVATE An accessory building in which horses are kept for use by the owners of the premises and not for hire, remuneration or sale. STABLE, PUBLIC A building in which any horses are kept for remuneration, hire or sale. STAND-ALONE, FRANCHISE, FAST-FOOD ESTABLISHMENT A business enterprise having the three following characteristics: [Added 4-27-2015 by L.L. No. 1-2015; amended 1-30-2017 by L.L. No. 1-2017[9]] A. The business occupies the total floor area of the building in which it is located. B. The business is a franchise. C. The business is primarily engaged in the sale of pre -prepared or quickly prepared food and beverages in disposable containers or wrappers, selected by patrons from a limited line of specialized items such as hamburgers, chicken, pizza, tacos, hot dogs, ice cream, yogurt, etc., for consumption either on or off the premises, in a facility in which at least a major portion of the sales to patrons is at a stand-up counter or drive-through window. For the purposes of this chapter, the conduct of a bakery, a delicatessen, convenience store or other store selling food and beverages whether or not at a gasoline filling station shall not be deemed to be a stand-alone, franchise, fast-food establishment but shall be considered to be the retail sale of food and beverages. [Added 4-27-2015 by L.L. No. 1-2015] STORY That portion of a building included between the surface of any floor and the surface of the floor next above or, if there is no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. If the finished floor level directly above a basement or cellar is more than six feet above the average finished grade or the natural grade adjoining the exterior walls of the building, whichever is lower, or if it is used for nonaccessory business purposes or for dwelling purposes by other than a janitor or watchman, such basement or cellar shall be considered a story. STORY, HALF A story immediately under a sloping roof where less than 50% of the story's floor area has a height of seven feet or more between the surface of the floor and bottom of the roof beams. [Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[10]] STREET An existing state, county or Town highway or road or a proposed highway or road, including all of the land within the right-of-way, shown upon a subdivision plat approved by the Town Planning Board, as provided by law or on a plat duly filed and recorded in the office of the Dutchess County Clerk prior to the appointment of the Town Planning Board and the grant of the power to approve subdivision plats. STREET LINE The dividing line between a street right-of-way and a lot. (See also the definition of "lot line, front" for comparison.) STRUCTURAL ALTERATION Any change in or addition to the supporting members of a structure, including but not limited to bearing walls, retaining walls, columns, beams or girders. STRUCTURE [Amended 4-27-1998 by L.L. No. 4-1998;1-23-2012 by L.L. No. 3-2012; 1-28-2013 by L.L. No. 6- 2013] A. Anything constructed or erected, the use of which requires location on, in or under the ground or water or attachment to something having location on the ground or water, including, but not limited to, buildings, parking decks or garages, storage containers, swimming pools, tennis courts, towers, docks, balconies, open entries, porches, decks, handicap ramps, signs, permanent awnings, gas or liquid storage tanks, ground -mounted antennas, ground -mounted solar panels and satellite -receiving antennas, outdoor tables and seating for patrons, and walls more than six feet in height, but not anything requiring only single paving or surfacing of the ground, such as parking lots, driveways or sidewalks. B. A static construction or an assembly of materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having a fixed location. SUBSTANCE ABUSE CLINIC A medical or psychotherapeutic treatment center for treating of dependency of psychoactive substances such as alcohol, prescription drugs, and illegal street drugs such as heroin, cocaine, amphetamines, or similar such substances. 29 [Added 3-28-2016 by L.L. No. 1-2016] SWIMMING POOL Any body of water having an artificial bottom and/or sides and a depth of more than two feet in any point therein. TELECOMMUNICATION FACILITY An unstaffed facility in connection with the commercial operation of a personal wireless services facility, as defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C). Such facility usually consists of an equipment shelter, a support structure and/or other transmission and reception devices. [Added 4-27-1998 by L.L. No. 4-1998] TELECOMMUNICATIONS TOWER/TOWER A lattice structure framework or monopole that is designed to support personal wireless service or other communications system, transmission, receiving and/or relaying antennas and/or equipment. [Added 4-27-1998 by L.L. No. 4-1998] TELEPORT A facility utilizing satellite dishes of greater than 2.0 meters in diameter designed for two-way communications with satellites and intended for use by multiple owners, lessees or rental customers. [Added 4-27-1998 by L.L. No. 4-1998] TERRACE OR PATIO A roofless platform of earth or other natural material covered by a surface material, with or without retaining walls. Any such platform with a roof or awning shall be considered a porch. THREE -COMPONENT MEASURING SYSTEM A device for recording the intensity of any vibration in three mutually perpendicular directions. TOXIC OR NOXIOUS MATTER Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists containing properties which by chemical means are inherently harmful and likely to cause injury to the well-being of persons or damage to property. TRAILER, HOUSE The same as "mobile home." TRANSPORTATION TERMINAL all A facility where ambulances, taxis, limousines, armored cars, tow trucks, buses and similar commercial vehicles are stored, and/or from where they are dispatched. A transportation terminal does not include the storage of impounded or towed vehicles. [Added 4-27-2015 by L.L. No. 1-2015; amended 1-30-2017 by L.L. No. 1-2017[11]] TRAVEL TRAILER A portable vehicular structure built on a chassis, designed to be used primarily as a temporary dwelling for travel, recreational and vacation uses, having a body width not exceeding eight feet and a body length not exceeding 32 feet. UNIFIED SOLAR PERMIT The New York State Unified Solar Permit or such other uniform permit promulgated by NYSERDA or other state agency which provides for an expedited building permit review process for small-scale roof -mounted photovoltaic system residential and commercial solar electric. [Added 7-11-2016 by L.L. No. 2-2016] USE The purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained. USE, ACCESSORY A use which is customarily incidental and subordinate to the principal use on a lot and which is located on the same lot or water area therewith. USE, PRINCIPAL The main or primary use of land, water or a building, structure or lot. UTILITY, PUBLIC An electrical substation, electrical transmission line, municipal pump station, water tower, municipal garage, firehouse, telephone substation and/or any utility approved by the Public Service Commission or other regulatory agency. A solar energy system that is not subject to New York State Public Service Commission Approval is not a public utility. [Amended 7-11-2016 by L.L. No. 2-2016] VETERINARIAN A person licensed to practice the profession of veterinary medicine as defined by § 6701 of the New York State Education Law. [Added 10-27-2008 by L.L. No. 7-2008] VIBRATIONS, IMPACT Earth -borne oscillations occurring in discrete pulses at or less than 100 per minute. 31 VIBRATIONS, STEADY-STATE Continuous earth -borne oscillations. Discrete pulses that occur more than 100 times per minute shall be considered steady-state vibrations. WATERCOURSE Any flow or body of water which contains water or a flow of water at least six months in the aggregate during the course of an average year. WETLAND Lands generally or intermittently covered with water which, by nature of their surface and/or subsurface soil characteristics, contribute to the replenishment of the subsurface water supply, including marshes, swamps, bogs and other areas with poorly drained soils such as organic muck and alluvial soils. YARD An open space on the same lot as a building, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for permitted accessory uses and structures. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line and the measurement shall be taken at right angles from the line of the building to the nearest lot line. YARD, FRONT A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the building. YARD, REAR A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. YARD, SIDE A yard between the side lot line and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, extending to the front lot line or rear lot line, as the case may be. 247-14, llliieinatiion restricted "Phe `r'ow m IBoard of the ,'own of iiiin ¢sir i s not Illlii¢�inat affirm IIII � � 'iiirmteiirest liiiirm clleiirm spaces or open areas acquiredIIby It under the Il provisions of § 247 of the General Municipal iiilpall IL of the State of INew York except upon the adoption of a local IIlaw IIby a t Jcirllt Ilplus one of the ,'own Board aufhorlzlngtIlheIllliienatiion of said Interest, subject to mandatory referendum IIby the electors of the ,'own of Wappinger, 32 § 240-79 Tattoo parlors. A. Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well- being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of tattoo parlors in the Town. B. Standards. To help achieve the above -stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of special permit approval by the Planning Board shall be subject to the following requirements in addition to the requirements of special permit approval in § 240-44 herein. (1) Not more than one tattoo parlor shall be permitted on any lot. (2) No tattoo parlor shall be permitted on any lot which is located within 2,500 feet of any other lot containing a tattoo parlor. (3) No tattoo parlor shall be permitted in any building which is located within 400 feet of any residential zoning district. (4) No tattoo parlor shall be permitted in any building which is located within 400 feet of any lot on which there is located a school, day-care center, place of worship or other religious institution, community center, public park or playing field. (5) No tattoo parlor shall be permitted in any building which is used in whole or in part for residential purposes. No residential use shall be established in a building of which any part is used as a tattoo parlor. (6) Tattoo parlors shall comply with all other requirements of the Zoning Law as well as all applicable Town, county, state and federal laws and regulations. (7) r'at' cc Ilparlors sIhall Il be allowed In I0 zones 33 240-81 9 Smoke Or Vape Shop Legislative iiiiirmteint °° Phe °°"iii IBoard IIheiireII liiiirm that certain busihness activitles, IIby their nature, IIhave serlous objectionable operational 6haracteristics Whith can IIIle to significant Impact on the surrounding community °° "IIh e r'own IBoard further finds that the uiir con' iir lllllle proliferation of skh uses wouldIIbe liinconsistent with the existing evell 11 irraeint and future plans for the r'own of Wappinger lihn that they often iiresult lihn Influences Ilan the community Ihil6h undermine the economic, IIpIhyslcal and social welfare of the community Skh use have Ilbeen foun to contribute to the Ilblhlglhthng of surrounding residential and commercial areas as a result of the iirelated IIpotential for the undermining f the economic and lii 111 welfare of the community andIIby deterringInvestment lihn and Improvement of surrounding it 1pertiles Skh uses can adversely Impact the general health, safely andeconomic well- being f the eiirmtihre community Further, the location of these uses imay II be lihn areas Where th imay regularly eirr blle and the general atmosplhere encompassing their operation lIs f great concern to the ,'own IBoar , °°Phe Ilpurpose of this esti n Is to prevent the unrestricted proliferation or concentration of su6h Ilbusihnesses, to specificallyIllliiirraliit and iireduce their potential accessibilittoIlhllll irein antoensure that the effects f su6h Ilbusihnesses will isnot adversely ffect the health, safety and economicwell-being f the community, IIby enacting criteria for the esta lllilslhi aeint oftattoo Ilparlors hn the ,'own Standards, , n IIhelp Ilhiieve theabove-stated III firm tIl promote the objectives of the ,'own Caipr6Iheiirm hive Plan, the granthng of special II permit approval IIby the Planning IBoard Ihall IIbe subject to the following iirequirements lihn addition to the iirequirenients of special IIpermit approval sir vall lihn § 240-44, herein Not more than one smoke and or w ape sIhqp sIhall IIbe IIpermitted n any I c, smoke or vape sIhqpIhall IIbe IIpermitted n any Ic Whl6h Is located withihn 3,500 feet ofany other IIIc containing a smoke and or w ape sIhqp smoke and or vape sIhqpIhall IIbe IIpermitted lihn anybuilding Whl6h Is located withihn 400 feet of any residential dwelling smoke and or vape sIhqpIhall IIbe IIpermitted lihn anybuilding Whl6h Is located withihn 400 feet of any Ic on Whl6h there Is located a scIhool, day-care center, II Mace of worslhlp orother religious Institution, community center, Ilpublicpark or Il playing fiiieIII , (5 smoke and or vape sIhqpIhall IIbe IIpermitted lihn anybuilding Whl6h Is used hn Whole or lihn part for iiresidential Ilpurposes Ido iiresidential use sIhall IIbe establlslhed hn abuilding of Whith any Ilpart Is used as a smoke and or w ape sIhqp 1 imoke and vape sIhqps sIhall comply with all other requirenients of the Zoning L eIll as IIIIII applicable °" bwn, county, state and federal IIlaws andiiregulations W 5. Section 240-52 shall be amended to read as follows: § 240-52 Gasoline filling stations. c gasollne filling station sIhall Ile litlhliiin 1,000 feet of the Il boundary Illiiiiir e ofany residence district or of any s6hool, 6hur6h, Ilpark, II playground, Ihospital, Ilpublic lliill it it , liInstitution for dependents eint or cIhlldren or any Mace of Ilpublic assemblydesigned for the simultaneous use of 100 II persons or more, regardless of the district Where 6iiflher Ilprenilses are Illocated B A. Fuel pumps and storage tank inlets shall be set back at least 25 and 15 feet, respectively, from the perimeter property lines of the site. Further, fuel pumps and storage tank inlets shall be located and oriented in such a manner as to prevent the stacking of vehicles into any road right-of-way and the blocking of any point of site ingress or egress. For the purposes of this section, canopies over commercial fuel pumps and filling areas shall be permitted to extend into the minimum required front yard for the district in which the property is located, but in no case shall any canopy be located within five feet of any lot line. All automobile parts, partially dismantled motor vehicles or similar articles shall be stored within a building. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced -in area in which such work is visually screened from all adjoining properties and roadways. In no case shall any vehicles awaiting service or repair work be stored outdoors for a period exceeding five days, unless such vehicles are entirely located within a fenced -in area and are visually screened from all adjoining properties and roadways. Body work, major structural repair or painting shall not be permitted. D G, Use of a building for any residence or sleeping quarters shall not be permitted. ', °°Phere sIhall Il be a minimum of 2,500 feet Ilbetween gasollne filling stations § 240-20 Access and required street frontage. [Amended 9-24-2001 by L.L. No. 5-2001; 4-28-2003 by L.L. No. 6-2003] B. Flag and radial lots. A lot may derive its street frontage and access by means of a strip of land connecting the street and the main portion of the lot, provided that no portion of said access and frontage strip of land shall be less than 150 100 feet wide. The front yard setback of such a flag lot shall be measured from the rear lot line of the lot between the flag lot and the street on which it has frontage. In the case of a lot with radial or angled side lot lines, the front yard setback shall be established where the lot meets the minimum lot width requirement when measured parallel to the street from which the lot derives access. 35 § 240-19 Modification of lot requirements. For the purposes set forth earlier in this chapter and to promote natural resource preservation and conservation and to minimize the construction and maintenance costs of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions or denial, as authorized by the Town Law. A. Average density subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 278 of the Town Law, at the request of the applicant, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district and that there shall not be a greater average density of population or cover of the land with buildings than is permitted in such district, and further provided that no lot shall have less than the minimum area and dimensions required for lots in the next less restrictive residential zoning district to the one in which the property is located. For the purpose of this section, average density shall be determined by the number of one -family residences which could be built under the zoning district standards in full conformity with the Town's Subdivision Regulations[1] and all other applicable requirements. The basis for determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property. [1] Editor's Note: See Ch. 217, Subdivision of Land. B. Conservation subdivisions. Pursuant to § 278 of the Town Law, at the written request of the applicant to the Town Board, the Planning Board may be authorized to modify the zoning regulations in one -family residence districts with respect to lot area and dimensions upon such conditions as the Town Board may impose and provided that: (1) Such modifications result in design and development which promote the most appropriate use of the land, facilitate the adequate and economical provision of streets and utilities and preserve the natural and scenic qualities of open lands. (2) The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations,[2] the Dutchess County Department of Health Regulations and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property, plus such other information as may be required by said Board. [2] Editor's Note: See Ch. 217, Subdivision of Land. 0 (3) The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located. (4) The dwelling units permitted may be detached, semidetached or attached structures, provided that there shall be no more than four dwelling units in any single structure and provided that It the subdivision Is not In conflict iiflh the Il provisions of the Master Plan and cniplliiie i[fh existing 'own of Wappinger Zoning Codes for Whl6h the Ilparcel Is currently zoned, 37 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 19th day of August 2024, at 7:00 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt "A Local Law No. 3 Of 2024 Which Would Amend Chapters 247, 85, and 240, Zoning, Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning" PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: July 18, 2024 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger