[Amended 5-8-1995 by L.L. No. 5-1995]
A. The title of the Zoning Ordinance of 1928 of the Village of Washingtonville,
New York, as amended, is hereby amended to read as follows:
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"A Law Regulating and Restricting the Height, Number of Stories
and Size of Buildings and Other Structures, the Percentage of Lot
That May Be Occupied, the Size of Yards, Courts and Other Open Spaces,
the Density of Population and the Location and Use of Buildings, Structures
and Land for Trade, Industry, Residence or Other Purposes, in the
Village of Washingtonville, and for Said Purposes Dividing the Village
Into Districts and Providing Fines and Penalties for the Violation
of Its Provisions."
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B. Short title. This chapter shall be known and may be cited as the
"Village of Washingtonville Zoning Law of 1962."
[Amended 5-8-1995 by L.L. No. 5-1995]
This zoning chapter is adopted pursuant to the Village Law of
the State of New York, Chapter 63, Article 7 of Consolidated Laws,
and the amendments thereof and supplements thereto, for the purpose
of promoting the public health, safety, morals or the general welfare
of the community and in furtherance of the following related and more
specific objectives:
A. To guide and regulate the orderly growth, development and redevelopment
of the Village of Washingtonville, in accordance with a Comprehensive
Plan of long-term objectives, principles and standards deemed beneficial
to the interests and welfare of the people.
B. To protect the established character and the social and economic
well-being of both private and public property.
C. To promote, in the public interest, the utilization of land for the
purposes for which it is most appropriate.
D. To secure safety from fire, panic and other dangers and to provide
adequate light, air and convenience of access.
E. To prevent overcrowding of land or buildings and to avoid undue concentration
of population.
F. To lessen and, where possible, to prevent traffic congestion on public
streets and highways.
G. To conserve the value of buildings and to enhance the value of land
throughout the village.
Certain words and terms are used in this zoning chapter for
the purposes hereof and are defined as follows.
A. Scope and meaning of certain words and terms.
(1) Unless the context clearly indicates the contrary, words used in
the present tense include the future; the singular number includes
the plural, and the plural the singular.
(2) The word "person" includes a profit or nonprofit corporation, company,
partnership or individual.
(3) The word "shall" is mandatory and not directory; the word "may" is
permissive.
(4) The word "lot" includes the word "plot."
(5) The word "structure" includes the word "building."
(6) The word "use" and the word "used" refer to any purpose for which
a lot or land or part thereof is arranged, intended or designed to
be used, occupied, maintained, made available or offered for use and
to any purpose for which a building or structure or part thereof is
arranged, intended or designed to be used, occupied, maintained, made
available or offered for use or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design of using the same.
B. Definitions of terms. As used in this chapter, the following terms
shall have the meanings indicated:
- ACCESSORY USE OR BUILDING
- A subordinate use or building customarily incidental to the
main use or building. The term "accessory building" may include a
private garage, garden shed or barn, a private playhouse and a private
greenhouse.
- ACTIVE ADULT USE
- The use of a building, a portion of a building, or land for
any adult use that is not a passive adult use, as defined herein,
including but not limited to an adult entertainment cabaret, adult
motel/hotel, adult theater, massage establishment, peep show or similar
adult use, generally of such nature as to result in customers congregating
in or about the use.
[Added 12-1-1997 by L.L. No. 5-1997]
- ADULT USE
- The use of any building, structure or land, or portion thereof,
for any purpose involving activities that are not open to the public
generally but exclude, or are required by law to exclude, any minor
by reason of age, including but not limited to, the establishments
defined below:
[Added 12-1-1997 by L.L. No. 5-1997]
- (1)
— An establishment having
as a substantial or significant portion of its stock-in-trade books,
magazines, other periodicals, films, photographs, slides and/or video
tapes, of which establishment a substantial portion is customarily
not open to the public generally but excludes, or is required by law
to exclude, any minor by reason of age. In determining whether a substantial
portion of such establishment or stock is devoted to such materials
or use, the following factors shall be considered:
- (a)
The proportion of floor area allocated to such use that is not
available to the general public in comparison to the floor area that
is available to customers without restriction by reason of age;
- (b)
The proportion of such materials maintained in space that is
not available to the general public in comparison to the floor area
that is available to customers without restriction by reason of age;
and
- (c)
The total amount of floor space allocated to use that is not
available to the general public but which is restricted by reason
of age.
- (2)
— A public or private establishment
which presents topless or nude dancers, strippers, male or female
impersonators or exotic dancers, or other similar entertainments,
and which establishment is customarily not open to the public generally
but excludes, or is required by law to exclude, any minor by reason
of age.
- (3)
— A motel/hotel 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 or
videotapes which, if presented in a public movie theater, would not
be open to the public generally but would exclude, or be required
by law to exclude, any minor by reason of age.
- (4)
— A theater that customarily presents motion
pictures, films, videotapes or slide shows that are not open to the
public generally but excludes, or is required by law to exclude, any
minor by reason of age.
- (5)
— Any establishment having a fixed
place of business where massages are administered, including but not
limited to massage parlors, sauna baths and steam baths. This definition
shall not be construed to include a hospital, nursing home or medical
clinic or the lawfully established office of a duly licensed health-care
professional, such as a physician, surgeon, chiropractor, osteopath
or physical therapist, or barbershops or beauty salons in which massages
are administered only to the scalp, face, neck or shoulders. This
definition shall also exclude health clubs which have facilities for
exercise, such as tennis courts, racquetball courts or exercise rooms,
and which do not receive their primary source of revenue through the
administration of massages.
- (6)
— The use of a building or a portion of a building
to present material in the form of live shows, films or videotapes
viewed from an individual room or similar enclosure which is not open
to the public generally and which excludes, or is required by law
to exclude, any minor by reason of age.
- APARTMENT HOUSE
- See "multiple dwelling."
- BASEMENT
- A story partly underground but having at least 1/2 of its
height above the average finished grade level of the ground immediately
adjacent to the building.
- BED-AND-BREAKFAST INN
- An establishment in a private owner-occupied dwelling, which
establishment offers rooms for occupancy on a transient basis in exchange
for a fee.
[Added 12-2-1991 by L.L. No. 14-1991]
- BLOCK
- A tract of land or a lot or group of lots, bounded by streets,
public parks or parkways, railroad rights-of-way, watercourse or body
of water, unsubdivided land or a boundary line or lines of the Village
of Washingtonville, or any combination thereof.
- BLOCK FRONTAGE
- That portion of a block which abuts a single street.
- BOARD
- The Board of Appeals of the Village of Washingtonville, New
York, unless otherwise stipulated or indicated by reference.
- BOARDING- OR LODGING HOUSE
- A private dwelling in which at least two but not more than
six rooms are offered for rent, payable in money and/or other consideration,
whether or not table board is furnished to lodgers, and in which transients
are accommodated and no public restaurant is maintained.
- BUILDING
- A structure constructed or erected on the ground, with a
roof supported by columns or walls. Structures divided by unpierced
masonry division walls extending from the ground to the roof shall
be deemed to be separate "buildings."
- BUILDING, AREA OF
- The horizontal area measured around the outside of the foundation
walls and of the floors of roofed porches and roofed terraces inclusive
and including the area of accessory buildings if any. In the case
of split-level dwellings, the first floor area shall be deemed to
include floor areas on two non-overlapping levels, separated by a
half-story, more or less, of height.
- BUSINESS CENTER DEVELOPMENT
- A tract of land, buildings or structures planned as a whole
and intended for one or more establishments for a commercial purpose
on a site, whether built at one time as a unit or in two or more construction
stages.
- CELLAR
- A space having more than 1/2 its height below the average
curb level of the street abutting the front of the lot or below the
average finished grade level of the ground immediately adjacent to
the building. A "cellar" shall not be counted as a story.
- CHILD DAY-CARE CENTER
- Premises on which child day care is provided on a regular
basis to more than six children from age six weeks through 12 years
for more than three hours but less than 24 hours per day per child,
for compensation or otherwise, where such care is provided on a regular
basis by a person other than the parent, stepparent, guardian or relative
of the child. A child day-care center shall have a license issued
by New York State and shall not be a residence.
[Added 6-14-1999 by L.L. No. 5-1999]
- COURT
- A space either on the ground or above, excepting a main roof,
situated on the same lot with a building and which is unoccupied and
open to the sky, and not a front yard, side yard or rear yard.
- COURT, DEPTH OF
- The maximum horizontal dimension at right angles to the width.
- COURT, HEIGHT OF
- The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
- COURT, INNER
- Any court which is not an outer court.
- COURT, OUTER
- Any court extending to a street, front yard or rear yard.
- COURT, WIDTH OF
- The horizontal dimension parallel to the principal open side
in the case of an outer court; and the least horizontal dimension
in the case of an inner court.
- CUSTOM WORK, SHOP FOR (SEE ALSO "WORKSHOP")
- A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, not including the manufacture
of ready-to-wear or standardized products.
- DUMP
- A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, offal, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
- DWELLING
- A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
- DWELLING, TWO-FAMILY
- A building arranged, intended or designed to be occupied
by no more than two families living independently of each other as
separate housekeeping units.
[Added 5-8-1995 by L.L. No. 4-1995; amended 5-8-1995 by L.L. No.
5-1995]
- DWELLING UNIT
- One or more rooms with provision for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
- FAMILY
- One or more persons living as a single housekeeping unit
and using cooking facilities and certain rooms in common as a nonprofit
household. A "family" shall not be deemed to include the occupants
of a boarding- or rooming house, a residential club or a hotel.
- FILLING STATION
- A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A "filling station" may include accessory
facilities for rendering services such as lubrication, washing and
minor repairs with hand tools.
- GARAGE
- A building or part thereof used for the storage or parking
of one or more motor vehicles.
- GARAGE, PRIVATE
- An accessory garage maintained primarily for the convenience
of the occupant or occupants of the main building and in which no
business or other use is carried on and no service is rendered to
the general public.
- GARAGE, PUBLIC
- Any garage other than a private garage. A "public garage"
may include filling station and service station facilities.
- HABITABLE ROOM
- A room having one or more windows opening directly on a street
or yard as required by the Building Code of the village and designated to be used for living, sleeping, eating
or cooking. The following shall not be deemed to be "habitable rooms":
bathrooms, toilet compartments, closets, halls, alcoves, foyers, garages,
storage areas and other similar spaces.
- HEIGHT OF A STRUCTURE
- The vertical distance derived from the average finished grade
at the foundation corners of the building or structure to the highest
point of the building or structure, excluding a chimney or other similar
structure listed in § 175-83.
- HOME OCCUPATION
- A customary personal service occupation such as dressmaking,
millinery and home cooking; provided that such occupation shall be
conducted solely by members of the resident family and in the main
building only, that not more than the equivalent of 1/2 of the area
of one floor shall be used for such purposes, that no display of advertising
other than an announcement sign and no display of products made shall
be visible from the street, that no stock-in-trade shall be kept and
that no mechanical or electrical equipment is used except customary
household equipment. Beauty parlors, barbershops and hairdressing
and manicuring establishments shall not be deemed to be "home occupations."
- HOME PROFESSIONAL OFFICE (see "professional office in residential
building")
- The office or studio of a resident physician, surgeon, dentist,
lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent or teacher as herein restricted, provided
that not more than two persons are employed who are not members of
the family, and that such office shall be in the main building and
shall not occupy more than the equivalent of 1/2 of the area of one
floor of said building. For the purposes of this definition, a "teacher"
shall be restricted to a person giving individual instruction in academic
or scientific subjects to a single pupil at a time. A "home professional
office" shall not include the office of any person professionally
engaged in the purchase or sale of economic goods. Dancing instruction,
band instrument or voice instruction, tea rooms, tourist homes, beauty
parlors, barbershops, hairdressing and manicuring establishments,
convalescent homes, mortuary establishments and stores, trades or
businesses of any kind not herein excepted shall not be deemed to
be "home professional offices." The "home professional office" of
a physician shall not include a commercial biological or other commercial
medical testing laboratory. This shall not be deemed to exclude a
testing laboratory incidental to the resident physician's own
practice.
- HOSPITAL
- A building used for the diagnosis, treatment or other care
of human ailments. A "hospital" shall be deemed to include a sanitarium,
sanatorium, clinic, convalescent home, nursing home, rest home or
other building with an equivalent appellation.
- HOTEL
- A building or part thereof which has a common entrance, common
heating system and general dining room and which contains seven or
more living and sleeping rooms designed to be occupied by individuals
or groups of individuals for compensation.
- HOUSE TRAILER
- A movable single-family dwelling equipped with a vehicular
chassis but lacking one or more of the following mechanical systems
and equipment: plumbing, heating, electrical, cooking and refrigeration.
See "mobile home."
- INDUSTRY, NONNUISANCE
- Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration or excessive light, beyond the limits of its
lot, or by reason of generating excessive traffic with attendant hazards
and which does not include any open storage yard or outdoor processing
of materials.
- JUNKYARD
- A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
- LIMITED ACCESS ROAD
- A high-speed thoroughfare to which access or from which egress
is limited to ramps or signaled intersections.
[Added 8-7-1989 by L.L. No. 8-1989]
- LOT
- A parcel of land used or designed to be used by one use or
structure, or by a related group of uses or structures, and the accessory
uses or structures customarily incident thereto, including such open
spaces as are arranged or designed and required in connection with
such structure or group of structures. A "lot" may be or may not be
the land shown as a single lot on a duly recorded plat or other official
record.
- LOT AREA
- The total horizontal area included within lot lines.
- LOT, CORNER
- A lot at the junction of and fronting on two or more intersecting
streets.
- LOT COVERAGE
- The percentage of the lot area that is occupied by the area
of building.
- LOT, INTERIOR
- Any lot other than a corner lot.
- LOT LINE
- Any boundary of a lot. Any "lot line" not a rear lot line
nor a front lot line shall be deemed a side lot line.
- LOT LINE, FRONT
- The street line at the front of a lot. On a corner lot, the
owner may specify the "front lot line" on the plot plan.
- LOT LINE, REAR
- The lot line opposite to the front lot line.
- LOT, THROUGH
- A lot extending from one street to another.
- LOT, WIDTH OF
- The dimension measured from side lot line to side lot line
along a line parallel to the street line at the required minimum front
yard depth.
- MAIN USE OR BUILDING
- The principal or most important use or building on a lot.
- MEMBERSHIP CLUB
- A building, structure, lot or land area used as a private
club or social organization not conducted for profit or gain.
- MOBILE HOME
- A movable single-family dwelling equipped with a vehicular
chassis and provided with all of the following mechanical systems
and equipment: plumbing, heating, electrical, cooking and refrigeration.
See "house trailer."
- MOBILE HOME COURT
- A residential land use designed for the location of one or
more mobile homes in designated mobile home spaces and including appurtenant
facilities and accessory services for residents only.
- MOBILE HOME OR HOUSE TRAILER SALES OFFICE AND/OR LOT
- A use of land and improvements for the purpose of displaying,
storing and renting or selling mobile homes or house trailers but
not including provision for mechanical or other services for these
dwelling units.
- MOTEL
- A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access and related office and with or without restaurant
facilities, designed primarily for transient automobile travelers
and provided with accessory off-street parking facilities. The term
"motel" includes buildings designed as tourist courts, motor lodges,
auto courts, and other similar appellations, but shall not be construed
to include mobile or immobile trailers.
- MULTIPLE DWELLING
- A building arranged, intended or designed to be occupied
by two or more families living independently of each other as separate
housekeeping units.
- NONCONFORMING STRUCTURE
- A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure which does
not conform to the building regulations of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
- NONCONFORMING USE
- Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use which does not conform to the use regulations
of this chapter for the district in which it is situated.
- PARKING AREA
- A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
- PARKING SPACE
- A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area with a minimum width
of nine feet and a minimum length of 20 feet.
- PASSIVE ADULT USE
- The use of a building, a portion of a building, or land for
the sale or rental for use off-site of films, videotapes or other
materials displayed in an area that is not open to the public generally
and/or from which area the owner or operator of the use excludes,
or is required by law to exclude, any minor by reason of age.
[Added 12-1-1997 by L.L. No. 5-1997]
- PERSON
- Any person, firm, corporation, partnership, association,
company, institution or any other legal entity, or any combination
thereof.
[Added 8-7-1989 by L.L. No. 8-1989]
- PLANNING BOARD
- The Planning Board of the Village of Washingtonville, New
York.
- PROFESSIONAL OFFICE IN A RESIDENTIAL BUILDING (SEE "HOME PROFESSIONAL
OFFICE")
- The office or studio of a nonresident physician, surgeon,
dentist, lawyer, architect, artist, engineer, real estate broker or
salesman, insurance broker or agent or teacher as otherwise restricted
in the definition of "home professional office."
- PUBLIC NOTICE
- Notice of the time and place of a hearing, meeting or proceeding
printed in the official newspaper of the Village of Washingtonville,
New York, at least 10 days prior to the time of such hearing, meeting
or proceeding, unless otherwise provided by law.
- REAR DWELLING
- A dwelling located on the same lot and to the rear of the
main building for which the lot is used.
- RECREATIONAL FACILITIES AND COMMUNITY BUILDING, NONCOMMERCIAL
- Any structure or recreational amenity and accessory equipment
pertaining thereto, the use of which is intended for residents of
a condominium and/or homeowners' association development. Such
"facilities" may include but not be limited to tennis courts, handball
courts, basketball courts, other outdoor recreational facilities,
community building containing meeting and/or recreational rooms therein.
Such "noncommercial recreational facilities and community building"
shall not be operated for gain and shall be located on a site only
as an accessory use to the dwelling units constructed thereon.
[Added 11-19-1973 by L.L. No. 4-1973]
- RESEARCH INSTITUTE OR LABORATORY
- A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products, and uses accessory thereto, wherein products are
not manufactured primarily for wholesale or retail sale, wherein commercial
servicing or repair of commercial products is not performed and where
there is no display of any materials or products. A "research institute
or laboratory" shall not be detrimental to the environment in which
it is located by reason of the emission of smoke, noise, odor, dust,
vibration or excessive light beyond the limits of its lot or by reason
of generating excessive traffic.
- SAND OR GRAVEL PIT
- A lot or land or part thereof used for the purpose of extracting
sand, gravel, soil or sod for sale, as an industrial operation, and
exclusive of the process of legitimate excavation of a lot preparatory
to the construction of a building.
- SANITARY PLANT, COMMUNITY
- The sewage disposal plant designed to service integrally
planned residential developments, in compliance with New York State
Health Department regulations.
- SENSITIVE USE
- The use of a parcel of land for certain uses determined to
be particularly susceptible to the secondary impacts of adult uses
by their nature, such as existing residential dwellings, a public
or private school, church or other place of religious worship, daycare
use, park, existing playground or recreational facility open to the
general public.
[Added 12-1-1997 by L.L. No. 5-1997]
- SERVICE STATION
- A building or lot or part thereof devoted primarily to repairs,
servicing, washing or reconditioning of motor vehicles.
- SIGN
- (Definitions relating to signs and the regulation of signs
are set forth in § 175-93.)
[Added 8-7-1989 by L.L. No. 8-1989; amended 2-20-1996 by L.L. No.
1-1996]
- SPECIAL EXCEPTION USE
- A use in one or more districts for which the Planning Board
may grant a permit, pursuant to the provisions of § 175-126.
[Amended 1-23-1995 by L.L. No. 1-1995]
- STORY
- That portion of a building included between the upper surface
of any floor other than a cellar floor and the upper surface of the
floor next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost floor
and the roof above.
- STORY, HALF
- A space under a sloping roof, which has the line of intersection
of the interior faces of the roof structure and main building wall
not more than three feet above the top floor level and in which space
the floor area with a headroom of five feet or more occupies at least
60% of the total area of the story directly beneath.
- STREET
- Any road, highway, avenue, street, parkway, lane or other
way, public or private, set aside and commonly used by the public
for street purposes and shown upon the village map or upon a filed
plat.
- STREET LINE
- The dividing line between a lot and a street.
- STRUCTURE
- Anything constructed or erected on or under the ground or
upon another structure or building.
- SWIMMING POOL, NONCOMMERCIAL
- Any constructed body of water or structure to contain water,
and any accessory equipment pertaining thereto, used or intended to
be used for swimming or bathing by any family or persons residing
on the premises and their guests. Such "noncommercial swimming pool"
shall not be operated for gain and shall be located on a lot only
as an accessory use to the dwelling or dwellings, hotel, motel or
membership club thereon.
- TOURIST HOME
- A boarding- or lodging house in which rooms are rented primarily
to transient automobile travelers.
- USABLE OPEN SPACE
- That portion of the unbuilt area of a lot, exclusive of driveways
and parking areas, which is suitable for outdoor recreation and sitting
areas or for clothes-drying yards and which is available to all occupants
of the building.
- VARIANCE
- A modification of the regulations of this chapter, granted
on grounds of practical difficulties or unnecessary hardships, not
self-imposed, pursuant to the provisions of § 175-127.
- WATER PLANT, COMMUNITY
- A water system facility designed to service integrally planned
residential developments, in compliance with New York State Health
Department regulations.
- WORKSHOP (SEE ALSO "CUSTOM WORK, SHOP FOR")
- A business or commercial premises used for the making of
clothing, millinery, shoes or other personal articles or performance
of a trade or repair work which is not detrimental to adjoining properties
by reason of the emission of smoke, noise, odor, dust, vibration or
excessive light, beyond the limits of its lot.
- YARD, FRONT
- An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from side lot line to side
lot line.
- YARD, REAR
- A space on the same lot with a building situated between
the nearest roofed portion of the building and the rear lot line of
the lot and extending from side lot line to side lot line.
- YARD, SIDE
- An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot and extending
through from the front yard or from the front lot line where no front
yard exists to the rear yard.