[Amended 1-31-2005 by L.L. No. 1-2005]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings herein
indicated. Words used in the present tense include the future; the
singular number includes the plural and the plural the singular; the
word "person" includes a corporation as well as an individual, and
the word "lot" includes the word "plot." The term "occupied" or "used"
as applied to any building shall be construed as though followed by
the words "or intended, arranged or designed to be occupied or used."
As used in this chapter, the following terms
shall have the meanings indicated:
A building or use clearly incidental or subordinate to and
customarily used in connection with the type of principal building
or use on the same lot. In order for a structure to be considered
part of a principal building, it must, at a minimum, share, a common
wall with the principal building or be connected to the principal
building by a common fully enclosed space.
[Amended 3-6-2017 by L.L.
No. 1-2017]
A dwelling unit in a permitted one-family residence which
is subordinate to the principal one-family dwelling unit in terms
of size, location and appearance and provides complete housekeeping
facilities for one family, including independent cooking, bathroom
and sleeping facilities, with physically separate access from any
other dwelling unit.
Any coin-controlled pinball and video amusement game or device.
A story in a building, the structural ceiling level of which
is four feet or more above the average level of finished grade where
such grade abuts that exterior wall of such building which fronts
on any street and the floor level of which is below finished grade
at any point on the periphery of the building.
A residential dwelling that makes available a room or rooms
for overnight accommodation to transient paying guests with or without
inclusion of one daily morning meal per paying guest as part of the
accommodations provided.
The type of sign commonly known as a "billboard," which directs
attention to a business, commodity, service, entertainment or attraction
sold, offered or existing on the same lot or elsewhere than on the
same lot where such sign is displayed.
Any combination of materials forming any construction. The
term "building" shall include the term "structure" as well as the
following:
Signs.
Fences over six feet in height and more than
25% solid.
Walls, other than retaining walls, over five feet in height.
[Amended 3-6-2017 by L.L.
No. 1-2017]
Radio and television antennas, except for such
antennas installed on the roof of a building and extending not more
than 15 feet above the highest level of the roof of such building.
Pergolas, porches, outdoor bins and other similar
structures.
Swimming pools either contemplated by § 230-9.1A(6) or conforming to § 230-9.1A(10)(c).
[Amended 11-3-2014 by L.L. No. 2-2014]
Fallout shelters.
Retaining walls.
[Added 3-6-2017 by L.L.
No. 1-2017]
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produces electricity for on-site consumption.
[Added 8-12-2019 by L.L.
No. 8-2019]
A retail outlet selling or distributing any cannabis product,
the sale of which requires a license under the provisions of Chapter
7-A, Cannabis, of the Consolidated Laws of the State of New York.
[Added 5-16-2022 by L.L. No. 5-2022]
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade where
such grade abuts that exterior wall of such building which fronts
on any street.
Any use that substantially differs from the previous use
of a building or land.
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimension of the unenclosed side of the court.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
A facility, by whatever name known, which provides custody,
care, training or babysitting for three or more children not related
to the owner or operator. The term includes but is not limited to
facilities commonly known as "day-care centers," "family day-care
centers," "day nurseries," "nursery schools," "preschools" or "babysitting
facilities."
Any parabolic or spherical dish-type antenna, the purpose
of which is to receive, but not transmit, microwave or other electronic
signals from satellites or other sources for television or radio reception,
data transmission, teleconferencing or other types of telecommunication.
Facilities that encourage or permit customers to obtain goods,
receive services, transact business, or be entertained, while remaining
in their motor vehicles. The term "drive-through window" shall not
include a single facility containing one ATM or teller or combination
ATM/teller window that is attached to or an integral part of the principal
building of a bank.
[Added 12-19-2005 by L.L. No. 5-2005]
A one-family dwelling having one or two side-party walls
constructed on common interior lot lines, situated upon a separate
lot, and having private entrances; each contiguous dwelling shall
have an undivided 1/2 interest in each party wall.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit only, or
one primary dwelling unit and one accessory apartment.
A detached building containing two dwelling units only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space, other than vestibules, entrances or other hallways or porches,
or cooking or sanitary facilities in common with any other dwelling
unit. A boarding- or rooming house, convalescent home, dormitory,
fraternity or sorority house, hotel, inn, lodging, nursing or other
similar home or other similar structure shall not be deemed to constitute
a dwelling unit.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that five or more persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended 9-12-2023 by L.L. No. 17-2023]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
All spaces within the exterior walls of a dwelling unit exclusive
of garages, cellars, heater rooms, unheated porches and breezeways,
but shall include all spaces not otherwise excluded, such as habitable
basements, principal rooms, utility rooms, bathrooms and all closets
and hallways opening directly into and appurtenant to any rooms within
the dwelling unit, and all attic space having clear height of seven
feet six inches or greater from finished floor level to ceiling level
over 50% of the area of such attic space.
The floor area, in square feet, of all buildings on a lot
divided by the area of such lot in square feet. For purposes of calculating
residential floor area ratio, “floor area” shall mean
habitable floor area.
In connection with the issuance of a building permit, a minimum
of 20 feet abutting directly on an approved street or highway and
suitable for ingress and egress of motor vehicles including police
cars, fire apparatus, ambulances or emergency vehicles.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 8-12-2019 by L.L.
No. 8-2019]
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
[Added 8-12-2019 by L.L.
No. 8-2019]
For buildings the front wall of which is within
five feet of the street, the vertical distance in feet and in stories
measured from the curb level to the highest level of the roof surface
of roofs, the slope of which is not more than one inch vertical to
one foot horizontal, or the mean point between the eaves and the highest
point of the roof if the roof is of any other type.
For buildings located in their entirety more
than five feet from the street line, the height in feet and in stories
shall be established by the Village Engineer in such a way that no
building shall be prevented from attaining at least at one point the
maximum height permitted in the district in which such building is
proposed to be erected, such height to be measured above the elevation
of the preconstruction grade abutting such building at that point.
For one- or two-family dwellings, the vertical distance from the average level of the finished grade along the wall or walls of the building facing the street to the highest level of the roof surface of roofs, the slope of which is not more than one inch vertical to one foot horizontal, or the mean point between the eaves and the highest point of the roof if the roof is of any other type. For purposes of this definition, where the finished ground surface is made by filling, the level of such finished grade shall not be deemed to be more than four feet above the preconstruction grade, as determined by the Village Engineer and as is consistent with the regulations set out in Chapter 120, Excavation, Filling and Topsoil Removal, of the Code.
The height of any berm, wall, or other structure upon which
a fence is placed shall be included in the measurement of the height
of the fence, except that, if a fence is placed on the higher elevation
side of a retaining wall and at a distance of four feet or more horizontally
from the exterior face of such retaining wall, the height of the retaining
wall shall not be included in the measurement of the height of the
fence.
[Added 3-6-2017 by L.L.
No. 1-2017]
The height of any wall shall include the height of any berm,
wall, or other structure upon which the wall is constructed. If a
wall or system of walls is constructed in "steps" or components within
four feet of each other, it shall be considered one wall for the purpose
of measuring its height.
[Added 3-6-2017 by L.L.
No. 1-2017]
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings having any land in common and the buildings
accessory thereto, if any, together with the required open spaces
appurtenant to such building or group of buildings.
The area of a lot measured on the basis of the horizontal
distance between lot lines or between a lot line and a street line
or between street lines.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a "corner lot" if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line.
The average distance between side lot lines measured along
two lines parallel to a line connecting the end points of the front
lot line and drawn through those two points of the principal building
closest to and farthest from the street.
The largest area, found by the projection of a horizontal
plane through the habitable floor area, which is enclosed by the exterior
walls of the building.
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled or packaged
in quantity.
A building which has nonresidential use of the street level
and residential use of another level or levels.
A building or use lawfully existing at the effective date
of this chapter or any amendment thereto which does not conform to
the regulations prescribed for the district in which it is situated.
Any space or area characterized by natural scenic beauty
or whose existing openness, natural condition or present state of
use, if retained, would enhance the conservation of natural or scenic
resources.
Space or area left permanently open and undeveloped, save
for foot trails or paths.
Space or area which has been set aside and developed for
activities, such as playing fields, pools, swimming ponds, tennis
courts and skating rinks.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all said occupants
by means of access other than stairs.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 8-12-2019 by L.L.
No. 8-2019]
A business establishment engaged in preparing and serving
food and beverages for consumption on the premises, which offers a
full food menu and which provides table or counter service for patrons.
An establishment shall be classified as a restaurant only if more
than 50% of its revenues are derived from the service of food, as
opposed to the service of alcoholic beverages, the charging of admission
fees or any other source of revenue. Excluded from the definition
of "restaurant" are business establishments which offer curb service,
drive-through window service or any other type of drive-in or drive-through
service.
Includes but is not limited to stores pertaining to, connected
with or engaged in the sale of commodities in small quantities directly
to the general public or ultimate consumer, such as but not limited
to beverages, whether alcoholic or nonalcoholic; household maintenance
goods; soaps and toiletries; medicines; linen; wearing apparel; household
appliances; furniture and furnishings; electric and electronic goods,
including radio and television sets and sound and/or light recording
and/or reproducing equipment and apparatus; toys; stationery goods;
hardware goods; paints; craftsmen's supplies; notions; and novelty
goods.
Any wall or system of walls retaining more than four feet
of earth. The height of earth retained shall be measured from the
ground level at the lower side of the retaining wall(s) to the top
of the retaining wall(s). When the word "wall(s)" is used in this
chapter, it shall be deemed to include "retaining wall(s)" unless
otherwise specified. "Retaining wall(s)" are a subset of "wall(s)."
[Added 3-6-2017 by L.L.
No. 1-2017]
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption, and including solar canopies over parking
areas.
[Added 8-12-2019 by L.L.
No. 8-2019]
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, word, model, banner,
emblem, pennant, insignia, trademark, device or other representation
used as or which is in the nature of an advertisement, announcement,
designation, display, attraction or directive not required by law
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:
Signs maintained or required to be maintained
by law or governmental order.
The flag or insignia of any government or governmental
agency.
The flag of any civic, political, charitable,
religious, fraternal or similar organization, which is hung on a flagpole
or mast.
Religious or other seasonal holiday decorations
which do not contain commercial lettering, wording, designs, symbols
or other devices.
Includes all faces of a sign measured as follows:
When a sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included. The signage supports which affix the sign
to the ground or to a structure shall not be included in the sign
area, unless such supports are evidently designed to be part of the
sign as defined herein. Where a sign consists of several individual
faces, the sign area shall be the aggregate area of all such faces
which can be observed from any one point.
When a sign consists only of letters, symbols,
designs or figures engraved, painted, projected or in any manner affixed
on a wall, the area of such sign shall be deemed to be that of the
smallest single basic geometric shape (e.g., square, rectangle, triangle
or circle) which encompasses all the letters, symbols, designs or
figures.
A sign which does not depend upon a building for its main
support.
Any sign not permanently attached to the ground or other
permanent structure, including but not limited to signs designed to
be transported on wheels or by other means, blimps, or other similar
vessels such as large balloons.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
[Added 8-12-2019 by L.L.
No. 8-2019]
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
[Added 8-12-2019 by L.L.
No. 8-2019]
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
[Added 8-12-2019 by L.L.
No. 8-2019]
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 8-12-2019 by L.L.
No. 8-2019]
A battery or other technology that stores energy and makes
it available in an electrical form.
[Added 8-12-2019 by L.L.
No. 8-2019]
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of roof beams.
Any space partially within the roof framing where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
A street shown on the Official Map of the Village of Croton-on-Hudson
and improved to the satisfaction of the Planning Board.
The dividing line between a lot and a street.
Any change in the supporting members of a building.
A one-family dwelling having one or two side-party walls
and having private entrances in a single building on land in common
ownership.
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle and equipped to be used
for living or sleeping quarters or so as to permit cooking. The term
"trailer" shall include such vehicles if mounted on temporary or permanent
foundations with the wheels removed. The term "trailer" shall include
mobile homes, motor homes, travel trailers, campers and other similar
vehicles.
A use customarily incidental and subordinate to the main
use on a lot, whether such accessory use is conducted in a principal
or accessory building.
A retail outlet selling or distributing primarily any electronic
cigarette or vapor products or tobacco products, including but not
limited to electronic cigarettes; vape pens; dissolvable liquids;
vaporizing liquids, oils or gels; mods; atomizers; vape tanks; coilheads;
cigars and cigarettes or other tobacco products.
[Added 3-19-2018 by L.L.
No. 4-2018]
An unoccupied ground area fully open to the sky between the
street line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between any
property line other than a street or rear lot line and a line drawn
parallel thereto and between the front and rear yards.
