City of Peekskill, NY Definitions

Any place in which is maintained or operated, for the amusement, patronage or recreation for the public, more than two coin-controlled amusement devices of any description, including but not limited to video games, pool tables and pinball machines. Two or fewer amusement devices shall not constitute an amusement center under the standards of this chapter, but shall be deemed ancillary to any permitted principal commercial use in a commercial, manufacturing or waterfront district, and two or fewer amusement devices shall be permitted as such. Amusement centers may also include bowling alleys, indoor batting cages, indoor ice rinks with mechanical temperature controls, children's electric bumper car track, children's birthday party rooms, indoor playground, indoor ice skating rink and similar such recreational areas, as well as ancillary food service areas, provided that such area is clearly accessory and incidental to the principal amusement purpose of the site.

For this chapter, an amusement center shall be located in a fully enclosed structure and shall not exceed 10,000 square feet of floor area, including all ancillary uses. A maximum of 15% of the total floor area of the center shall be used for video amusement devices.

AMUSEMENT CENTER, CHILDREN'S

Amusement centers are also principally identified as uses where an admission fee and/or reservation are required prior to admittance to the facility. A public park shall not be deemed to be an amusement center under this chapter.

Any amusement center, as defined above, and subject to the same restrictions, as defined above, that provide recreation for children 12 years of age or under and in which each child on the premises is at all times under the supervision, custody and control of an adult.

[Added 5-8-2000]

AMUSEMENT DEVICE

A coin-operated device primarily for the entertainment of the customer, the use of which results in electronic or mechanical displays or permits the user to operate or play a recreational device or game.

[Added 9-26-1995]

ART GALLERY

A place where works produced by an artist, as defined by this chapter, are displayed or sold.

[Added 8-12-1991]

ARTISAN

One who is skilled in an applied art; a craftsman.

[Added 8-12-1991]

ARTIST

An individual who practices one of the fine, design, graphic, musical, culinary, literary, computer or performing arts; or an individual whose profession relies on the application of the above-mentioned skills to produce a unique creative product; i.e., an architect, craftsperson, teacher of art, music, dance, etc., chef, photographer, etc.

[Added 8-12-1991; amended 7-10-2000 by L.L. No. 3-2000; 10-22-2018 by L.L. No. 8-2018]

ARTIST LOFT

The work space of an artist that includes an accessory residential space intended only for the artist utilizing the work space.

[Added 8-12-1991]

ARTIST STUDIO

The work space of an artist in which art is produced. Artwork that is produced within an artist studio may be sold at that artist studio.

[Added 8-12-1991]

ASSISTED LIVING RESIDENCE

A certified adult (age 65+) home or enriched housing program that has additionally been approved by the New York State Department of Health for licensure as an assisted living residence ("ALR"), which provides housing, twenty-four-hour on-site monitoring, and personal care services and/or home care services in a home-like setting to five or more adult residents. ALRs shall also provide daily meals and snacks and case management services. Each resident has their own room, a small apartment, or a shared space with a suitable roommate. Residents may share common areas, such as the dining room or living room, with other people who may also require assistance with meals, personal care and/or home care services.

[Added 10-17-2016 by L.L. No. 7-2016]

AUDITORIUM

Any premises used for spectator presentations, such as concerts, theatrical performances, lectures and similar cultural events, containing seats permanently affixed to the floor.

AUTO BODY AND PAINT SHOPS

Any land, building, structure or premises used for repairing motor-driven vehicles not to exceed 1 1/2 tons' gross capacity and providing collision service, such as body, frame or fender straightening and repair, and overall painting and undercoating of automobiles.

[Added 7-26-1993]

AUTO REPAIR FACILITIES, HEAVY VEHICLE

Any land, building, structure or premises used for equipping, servicing and repairing motor-driven vehicles in excess of 2 1/2 tons' gross capacity, not to include storage of wrecked or junked vehicles.

[Added 7-26-1993]

AUTO REPAIR FACILITIES, LIGHT VEHICLE

Any land, building, structure or premises used for equipping, servicing and repairing motor-driven vehicles not to exceed 2 1/2 tons' gross capacity, not to include an automobile body shop or the rebuilding, dismantling or storage of wrecked or junked vehicles.

[Added 7-26-1993]

AUTO REPAIRS, MAJOR

[Added 7-26-1993]

Major overhauling of engines requiring removal therefrom of cylinder-head or crankcase pan.

Repairs of radiators requiring removal thereof.

Complete recapping or retreading of tires.

Transmission repair or removal.

AUTO REPAIRS, MINOR

[Added 7-26-1993]

Servicing of spark plugs, batteries and distributor parts.

Tire servicing and repair, but not recapping or regrooving.

Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat belts, seat covers, windshield wipers, wiper blades, grease retainers, wheel bearings, mirrors and the like.

AUTO SALES AND RENTAL ESTABLISHMENTS

Radiator cleaning and flushing.

(5)

Fuel pump, oil pump and line repairs.

(6)

Minor servicing and repair of carburetors.

(7)

Emergency wiring repairs.

(8)

Minor motor adjustment not involving the removal of the head or crankcase or racing the motor.

Any land, building, structure or premises used for sales and rental of used or new automobiles. Rental trucks with bed lengths of less than 26 feet may be rented from automobile gasoline service station facilities as an accessory use, provided that parking and screening standards are met for the zoning district.

[Added 7-26-1993]

AUTOMOBILE FACILITIES

Any land, building, structure or premises used for major or minor repairs of heavy or light motor-driven vehicles, or for use as automobile gasoline service stations, or for use as automobile gasoline service stations with convenience stores, or for use as automobile body and paint shops, or for use as automobile sales and rental establishments, as defined in these regulations.

[Added 7-26-1993]

AUTOMOBILE GASOLINE SERVICE STATIONS

Any land, building, structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating light vehicles or installing or repairing parts and accessories; but not including repair of heavy vehicles, major repairing or replacing of motors, bodies, transmissions, differentials, fenders or painting motor vehicles.

[Added 7-26-1993]

AUTOMOBILE GASOLINE SERVICE STATIONS WITH CONVENIENCE STORES

Any automobile gasoline service station as described in these regulations and containing an accessory convenience store; said convenience store shall offer groceries and limited prepared foods but shall not include drive-through food services or accessory entertainment facilities such as video games, nor shall prepared food be consumed on the premises.

[Added 7-26-1993]

BASEMENT

The portion of a building that is partly below grade which has more than 1/2 its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.

BED-AND-BREAKFAST

An owner-operator residence resulting from the conversion of a residential dwelling, providing lodging accommodations for compensation with no more than five guest rooms, each limited to no more than two adult transient overnight guests. Guests may not lodge more than 14 consecutive days. A full, hot breakfast served in a designated dining area within the bed-and-breakfast, and only to overnight guests, is required. Other meals are not permitted. It is located in a legally zoned area and meets all applicable zoning, tax, fire, building, and health requirements. (Also see "bed-and-breakfast hotel.")

[Added 9-26-1995; amended 1-28-2013 by L.L. No. 2-2013]

BED-AND-BREAKFAST HOTEL

An owner-operator building permitted in the Central Commercial (C-2) and Inland Waterfront Development (WF-2) Zoning Districts, which provides lodging accommodations for compensation with no more than five guest rooms, each limited to no more than two adult transient overnight guests. Guests may not lodge more than 14 consecutive days. A full, hot breakfast served in a designated dining area within the bed-and-breakfast hotel, and only to overnight guests, is required. Other meals are not permitted. It is located in a legally zoned area and meets all applicable zoning, tax, fire, building, and health requirements.

[Added 1-28-2013 by L.L. No. 2-2013]

BILLBOARD

A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the lot on which such sign is situated.

BOARDING-, LODGING OR ROOMING HOUSES

A private dwelling in which more than two persons are housed for compensation, whether or not meals are furnished, and in which no transients are accommodated and no public restaurant is maintained.

BODY PIERCING

The piercing of any part of the body, except the ear.

[Added 9-10-2012 by L.L. No. 10-2012]

BRANDING

The use of heat, cold or any chemical compound to imprint permanent markings on human skin by any means other than tattooing.

[Added 9-10-2012 by L.L. No. 10-2012]

BUILDING

A structure wholly or partially enclosed by exterior walls or within exterior and party walls, and a roof affording shelter to persons, animals or property. The term "building" shall include the term "structure" as well as the following:

[Amended 7-20-1987; 12-12-1988; 1-25-2010 by L.L. No. 2-2010]

Signs and billboards.

Fences four feet in height or greater.

Walls more than three feet high.

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.

(5)

Pergolas, porches, attached decks and other similar structures.

(6)

Satellite dish antennas.

BUILDING, ACCESSORY

A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building, except that the following construction shall hot require the issuance of a building permit if constructed in the R-1, R-2 or R-3 Zoning Districts and not within the required front, side and rear yard setbacks:

[Amended 7-20-1987; 1-25-2010 by L.L. No. 2-2010]

Detached decks, the finished floor of which are less than four feet above the finished grade.

Aboveground pools less than 24 inches deep.

BUSINESS CONFERENCE CENTER

Storage sheds or playhouses under 140 square feet incidental to the residential use of the premises.

A center used for meetings of companies, business corporations, trade societies and like business or commercial groups, including facilities for the training of management, sales, research, technical, financial or other executive office personnel, to include a motel or hotel as described herein as an adjunct use.

[Added 8-16-1982]

CANNABIS DELIVERY SERVICES

Direct delivery of packaged cannabis products from a dispensary with a NYS-issued retail dispensary license or from a delivery service with a NYS-issued delivery license, to a cannabis consumer 21 years of age or older with a delivery address.

[Added 11-28-2022 by L.L. No. 9-2022]

CELLAR

The portion of a building that is partly or entirely below grade, which has more than 1/2 its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

CONGREGATE CARE

A residential facility operating for the care of senior citizens, providing some hotel-like services, including housekeeping and one or more group meals.

[Added 7-29-1996]

CONSUMPTION SITE

A place of business with a NYS-issued consumption license that sells cannabis products for on-site consumption and admits only adults 21 years of age and older for purchase and consumption of the product on the licensed premises.

[Added 11-28-2022 by L.L. No. 9-2022]

COURT, DEPTH OF OUTER

The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.

COURT, INNER

An open space enclosed on all sides by exterior walls of a building or by such walls and lot lines.

COURT, OUTER

An open space enclosed on three sides by exterior walls of a building or by such walls and lot lines.

COURT, WIDTH OF OUTER

The linear dimension of the unenclosed side of the court.

CURB LEVEL

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. Where no such grade has been established, the Director of Public Works shall establish same for the purpose of this chapter.

[Amended 6-24-2019 by L.L. No. 3-2019]

DANCE STUDIO

A place where dance instruction and practice occurs.

[Added 11-29-1994]

DAY-CARE CENTER

A facility for the care of children meeting all of the requirements of NYCRR Part 418.

[Amended 9-26-1995]

DEVELOPMENT

New construction or changes or alterations to exteriors of existing construction including one- and two-family residences not in the PRD District or any historic district. Excluded items include repair, painting, or replacement of siding, roofing or windows.

[Added 11-24-2008 by L.L. No. 14-2008]

DIRECTOR

The Director of Public Works of the City of Peekskill.

[Amended 6-24-2019 by L.L. No. 3-2019]

DISPENSARY

A place of business with a New York State (NYS)-issued retail dispensary license that sells recreational and/or medical marijuana as a packaged retail product that is not consumed on site.

[Added 11-28-2022 by L.L. No. 9-2022]

DIVERSIFIED USE DEVELOPMENT

A development consisting of buildings devoted to permitted commercial/light manufacturing uses and residential uses on a lot or multiple contiguous lots as part of a single integrated development project.

[Added 11-23-2020 by L.L. No. 3-2020]

DRIVE-IN

Premises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to the public of any produce and providing curb and/or window counter service.

DUMP

A lot 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, ATTACHED

Buildings, each of which contains a single dwelling unit, with three or more buildings connected to each other by party walls. The term "attached dwelling" is intended to apply to row house, townhouse, triplex, quadraplex and other forms of three or more connected buildings.

[Added 1-25-1982]

DWELLING, MULTIPLE

A building or portion thereof containing three or more dwelling units.

DWELLING, ONE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, ROW OR ATTACHED

A one-family dwelling with party walls separating it from adjacent units on both sides except for units at the end of a row of three or more units, which shall have only one party wall.

DWELLING, SEMIDETACHED

A one-family dwelling separated by a party wall from only one adjacent dwelling.

DWELLING, TWO-FAMILY AND DWELLING, THREE-FAMILY

A detached building containing two or three dwelling units, respectively.

DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one household and having no cooking or sanitary facilities in common with any other dwelling unit.

[Amended 1-25-1982]

DWELLING UNIT AREA

Area enclosed within the outside walls of the dwelling unit, with a structural ceiling height of at least seven feet six inches, excluding porches, garages, terraces, steps, public hallways and similar public spaces, cellars and basement rooms used for storage, utility installations and other similar purposes.

DWELLING UNIT, UPPER-FLOOR

A dwelling unit that is located above the ground floor.

[Added 10-14-2014 by L.L. No. 6-2014]

EXCHANGE, TELEPHONE

A building erected or used exclusively as a central station where telephone lines meet and where connections are made between them and where no trucks or materials are stored.

FACADE

The front elevation of a structure; the side of a building designed to be the front elevation. Architectural and floor or site plan elements typically associated with the facade include but are not limited to the following: entrance door connects to an entrance foyer or similar space, permanent and temporary decorative features or provisions therefor, seasonal decorative features, decorative landscaping, decorative fencing and gates, walkways, or other elements typically associated with main entries such as bells, knockers or mail boxes/slots and/or steps, stoop, entry platform or porch and related elements are present. In general, a structure's facade shall be oriented to its front yard rather than a side yard. Where confusion exists as to the facade of a structure, the Planning Commission's determination shall be final.

[Added 11-24-2008 by L.L. No. 14-2008]

FAMILY

[Amended 5-29-1990 by L.L. No. 2-1990; 6-28-2004 by L.L. No. 11-2004]

For the purposes of this Zoning Ordinance:

A householder plus one or more persons related by blood, marriage or adoption and limited to the spouse, parents, grandparents, children, grandchildren, brother or sister of the householder or of the householder's spouse, living together as a single, not-for-profit, housekeeping unit sharing kitchen facilities;

A group of persons headed by a householder caring for a reasonable number of individuals in a family-like living arrangement, sharing common kitchen facilities, which is the functional and factual equivalent of a family of related persons. It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional or factual equivalent of a traditional family. In determining whether individuals are living together as the functional and factual equivalent of a traditional family, evidence concerning the following criteria must be present and examined:

[1]

The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;

[2]

The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;

[3]

The group shares expenses for food, rent or ownership costs, utilities and other household expenses;

[4]

The group is permanent and stable. Evidence of such permanency and stability may include:

[a]

The presence of minor dependent children regularly residing in the household who are enrolled in local schools;

[b]

Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;

[c]

Members of the household are employed in the area;

[d]

The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units;

[e]

There is common ownership of furniture and appliances among the members of the household; and

[f]

The group is not transient or temporary in nature;

[5]

Any other factor reasonably related to whether or not the group is the functional and factual equivalent of a family.

Not more than three persons not sharing a relationship as described above; or

(d)

A community residence facility or group home as defined in § 41.34(a)(l) of the Mental Hygiene Law, established in compliance with the applicable provisions and requirements of § 41.34 of the Mental Hygiene Law of the State of New York, operated on a not-for-profit basis pursuant to a license issued by an agency of the State of New York.

For the purposes of this definition of "family," a "householder" shall be defined to be an individual who resides in the dwelling unit on a full-time basis and who owns, rents or otherwise has legal possession of such dwelling unit.

For the purpose of determining a reasonable number of individuals as set forth in Subsection (1)(b) above, the maximum number of occupants shall be limited to the number determined on the basis of floor areas of habitable rooms, other than kitchens, bathrooms, unfinished basements or attics, dormers, lofts or garages, as follows:

Not more than one occupant per room having a floor area of 120 square feet or less.

Not more than two occupants per room having a floor area of 121 to 200 square feet.

Not more than three occupants per room having a floor area of 201 or more square feet.

Nothing in this definition shall be construed to permit boarders, lodgers or transient occupancy of any dwelling unit, and no such boarder, lodger or transient occupant shall be deemed to be within the definition of "family" contained herein.

FAMILY DAY-CARE HOME

A facility for the care of children meeting all of the requirements of NYCRR Part 417.

[Amended 9-26-1995]

FLOODPLAIN AREA

The relatively flat area or lowlands adjoining the channel of a river, stream, watercourse, canal or any body of standing water, which has been or may be covered by floodwater.

FLOOR AREA, AGGREGATE

The sum of the gross horizontal areas of the overall 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:

Roof areas.

Cellar and basement areas used only for storage or for the operation and maintenance of the building.

Any areas devoted only to accessory off-street parking or loading.

FLOOR AREA, LIVABLE

All spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall be deemed to include all spaces not otherwise excluded above, such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of at least five feet from finished floor level to pitch of roof rafter with a clear height of seven feet from finished floor level to ceiling level over 50% of the area of such attic space.

FLOOR AREA RATIO

The aggregate floor area, in square feet, of a building or group of buildings on a lot, divided by the area, in square feet, of the lot.

GARDEN APARTMENT

A residential building of three stories or less, regardless of tenure, which contains a common entrance for two or more dwelling units.

[Added 1-25-1982]

GROUND FLOOR

The first floor of a building other than a cellar or basement; the first floor or floor level of any building above or on the same plane as the surface of the sidewalk.

[Added 10-14-2014 by L.L. No. 6-2014]

GROUP FAMILY DAY-CARE

A facility for the care of children meeting all of the requirements of NYCRR Part 416.

[Added 9-26-1995]

GUEST SUITE

A residential dwelling unit owned, managed and maintained by the landlord, homeowners' association or condominium cooperative available for building occupants to use to house their guests for nonconsecutive visits of less than two weeks, subject to building regulations; intended primarily as an amenity.

[Added 9-14-2009 by L.L. No. 15-2009]

HABITABLE ROOM

A room having one or more windows opening directly onto a street or yard as required by the Building Code of the City of Peekskill and, except as set forth hereinafter, designed to be used for living, sleeping, eating or cooking. Any floor space enclosed on four sides by permanent walls, having a height from the floor of seven feet six inches or more, shall be counted as a habitable room. Neither a bathroom, toilet room, vestibule or similar small passage or storage area, nor a cooking space or kitchen having an area of less than 60 square feet, shall be counted as a separate habitable room.

HEIGHT

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 Director 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 finished grade abutting such building at that point.

HOME OCCUPATION/PROFESSIONAL OFFICE

For a one- or two-family dwelling, 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.

Any accessory use of a dwelling unit by a resident of the dwelling unit and not more than two nonresident employees at any one time for full- or part-time gainful employment, involving the manufacture, provision or sale of goods and/or services, but excluding automobile facilities, the offices of doctors, dentists, optometrists or similar medical practitioners and instruction of more than three students at any one time.

[Amended 7-26-1993; 9-26-1995]

HOSPITAL

A building used for the diagnosis, treatment or care of human ailments.

HOTEL and MOTEL

A structure or group of structures containing 50 or more individual sleeping rooms or suites, each having a private bathroom attached thereto, for the purpose of providing overnight lodging facilities for transients for compensation with or without meals and which may additionally include one dwelling unit for the owner, manager or caretaker. Where a hotel or motel is permitted as a principal use, all uses customarily and historically accessory thereto for the comfort, accommodation and entertainment of the patrons, including the service of alcoholic beverages, shall be permitted, provided that the gross floor area for all such accessory uses does not exceed 40% of the gross floor area of the hotel structure(s). By way of example, such ancillary uses include restaurants with lounge areas, pools and small health clubs for the exclusive use registered guests, small shops and personal service establishments (i.e., barbershop, hairdresser, etc.) designed primarily to meet the daily needs of registered guests and the like.

[Amended 8-26-1982; 9-26-1995]

HOUSE OF WORSHIP

[Added 9-26-1995]

A structure or structures, including a church, temple, mosque or other place of religious worship, together with its accessory buildings and uses, where people regularly assemble for religious worship and which structure, together with its accessory structures and uses, is maintained and controlled by an organized religious body. Ancillary structures and uses, such as rectories, parish houses and the like, which are secondary to the primary worship use of the property and are limited to those uses historically associated with a house of worship, may be permitted within a minority of the structure(s) total floor area.

In the event that more than 50% of the total floor area of all structures on the lot is devoted to such accessory and ancillary structures and uses, special permit approval shall be required from the Planning Commission for the purpose of ensuring that the accessory and ancillary uses remain secondary to the principal spiritual use of the property.

MIXED-USE RESIDENTIAL BUILDING

In the event that a multipurpose room(s) is (are) included in the plan of development such that the room(s) is (are) designed to be regularly converted between the permitted principal use and permitted accessory/ancillary uses, 50% of the area of said room(s) shall be calculated as supporting the principal use and 50% of the area of said room(s) shall be calculated as supporting accessory/ancillary uses. Rescue missions, tent revivals and other temporary assemblies do not qualify under this definition of "house of worship."

HOUSING, SENIOR CITIZEN

Housing shall be designed for, and residency shall be limited to, persons 62 years of age and older with said housing meeting all requirements of Section 3607(b)(2)(B) of the Federal Fair Housing Act. Such housing for senior citizens may include unassisted senior housing, elderly assisted housing that provides support services for the elderly such as dining rooms, lounges, laundry facilities, recreational uses and the like and nursing homes for the elderly.

[Added 9-26-1995]

INDOOR COMMUNITY CENTER

A room or set of rooms within a mixed-used residential building to be used as a place of meeting, recreation or social activity and intended solely for the occupants of the building (and their guests). An indoor community center, and activities occurring within the center, shall not be operated for profit.

[Added 9-14-2009 by L.L. No. 15-2009]

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.

KITCHEN

A portion of a building designed or used primarily for cooking purposes.

LIBRARY

A structure(s) where primarily printed materials and secondarily computer data, sound and video recordings and similar material are maintained for use by the public either at the library or through the borrowing of such material; an establishment where such materials are primarily available through a rental agreement shall be considered a retail use and not a library.

[Added 9-26-1995]

LIGHT MANUFACTURING

Any use related to design, fabrication, machining, processing, assembly and repair employing only electric or other substantially noiseless and inoffensive motor power, utilizing hand labor or quiet machinery and processes. Such uses shall include assembly and packaging operations, machine tool manufacturing, computer and electronic product manufacturing, food processing, green technologies, artist work studios, apparel manufacturing and woodworking studios. Such uses shall not include heavy industrial uses such as construction businesses, landscape businesses, manufacturing utilizing petroleum or coal products for energy, recycling facilities, heavy vehicle and major auto repairs, auto body repair and waste remediation, storage or processing.

[Added 8-20-2018 by L.L. No. 3-2018]

LOADING SPACE

A space for loading or unloading trucks with dimensions at least 14 feet wide, 30 feet deep and 14 feet high.

LOT

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 building, 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.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. Any lot adjoining a curved street at a point where the street line describes an arc subtended by an angle of 135° or less shall also be considered a corner lot. All corner lots are deemed to have two front yards, two side yards and no rear yard.

LOT DEPTH

The average of the distances from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

LOT FRONTAGE

The width of a lot at the street line. Access to all properties must be taken along the same street line that a lot takes frontage from. All house numbering shall be from a thoroughfare on which a property has frontage. Lot requirements relating to lot frontage can be found at § 575-17 of the City Zoning Code.

[Amended 11-24-2008 by L.L. No. 14-2008]

LOT, INTERIOR

Any lot which is not a corner lot or a through lot.

LOT LINE

Any boundary of a lot other than the street line.

LOT LINE, REAR

The lot line generally opposite to the street line.

LOT, THROUGH

A lot which is not a corner lot and which has two street lines.

LOT WIDTH

The width of a lot measured along a line drawn parallel to the street line through the point of construction nearest to such street line.

LUXURY-STYLE AMENITIES

Dwelling unit amenities that are of a significantly higher quality, value and cost than would be found in the average home. Such amenities may include, but are not limited to, plumbing fixtures, flooring, appliances, lighting, countertops, or electronics.

[Added 9-14-2009 by L.L. No. 15-2009]

MANUFACTURING

Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled.

MARINA or BOAT BASIN

Any premises containing one or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water, designed, used or intended to be used primarily for the docking or mooring of boats for compensation.

MARTIAL ARTS STUDIO

A place where martial arts instruction and practice occurs.

[Added 11-29-1994]

MASSAGE

A method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument.

[Added 9-26-1995]

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health-care practitioner duly licensed by the State of New York, nor barbershops or beauty salons in which the massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not include a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities and facilities for the welfare of the residents of the area.

[Added 9-26-1995]

MASSAGE TECHNICIAN

Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health-care practitioner duly licensed by the State of New York.

[Added 9-26-1995]

MID-RISE APARTMENT

A residential building three to seven stories high, regardless of tenure, which has a common entrance for several dwelling units.[1]

[Added 1-25-1982; amended 9-8-2014 by L.L. No. 5-2014]

MINOR

Any person under the age of 18 years of age.

[Added 9-10-2012 by L.L. No. 10-2012]

A building where the majority of floor space is devoted to residential uses but the lower floors, especially the first and second floors, are devoted primarily to commercial and retail uses.

[Added 9-14-2009 by L.L. No. 15-2009]

MIXED USES

The provision for more than one use in a single structure, customarily a ground-floor commercial use with housing on the upper stories. Industrial uses are not included in the mixed-use category.

[Added 11-13-1990]

MUSEUM

A structure(s) where works of art or other objects of permanent value are kept primarily for the purpose of cultural, aesthetic or educational viewing by the public.

[Added 9-26-1995]

NEIGHBORHOOD RETAIL

A store serving the local retail business needs of the residents of the neighborhood, including but not limited to books, flowers, clothing, groceries and pharmaceuticals.

[Added 11-13-1990]

NIGHTCLUB

A place for the sale and consumption of food and beverages (other than a drive-in restaurant), providing dancing or entertainment, or both.

[Added 11-13-1990]

NONCOMPLYING BUILDING

A building which contains a use permitted in the district in which it is located, but which does not comply with the district regulations for lot area, width or depth; front, side or rear yards; maximum height; lot coverage; minimum livable floor area per dwelling unit; or off-street parking or loading requirements.

NONCONFORMING BUILDING

A building which contains a nonconforming use.

NONCONFORMING USE

A use, whether of a building or tract of land, or both, which lawfully existed prior to the enactment of a zoning ordinance or any amendment thereto and which is maintained after the effective date thereof although it does not conform to the use regulations of the district in which it is located.

NURSING HOME

A facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation.

OPEN-AIR USES

Outdoor display or sale of agricultural produce, flowers, antiques, artwork, toys, frozen desserts or other uses; also includes car shows, performing artists, musicians, flea markets or other uses deemed appropriate by the Common Council.

[Added 11-13-1990]

OUTDOOR ACCESSORY RECREATION

A recreation use/uses that may take place in any number of structures that are arranged together in an outdoor setting and has a surface or field area greater than 400 square feet. Examples include, but are not limited to, tennis, volleyball and basketball courts, soccer and baseball fields.

[Added 11-19-2015 by L.L. No. 10-2015]

PARKING SPACE

A paved or surfaced space which, exclusive of driveways and turning areas, is nine feet wide by 20 feet long and which is accessible and available at all hours for the parking of one passenger car.

PERSONAL SERVICE

A service provided directly to an individual.

PLANNED RESIDENTIAL DEVELOPMENT

An area to be developed as a single entity according to a plan, containing more than 100 dwelling units, in addition to which there may be included professional offices and public, quasi-public, religious, institutional and recreational uses as part of the overall development.

[Added 1-25-1982]

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located.

PRIVATE GARAGE

A garage for the exclusive use of residents or occupants of a building or their guests.

PROFESSIONAL OFFICE

Office for use by person or persons whose vocation or occupation requires advanced training in some liberal art or science and whose work usually involves more mental than physical work.

PUBLIC GARAGE

A garage for the use of the general public other than residents or occupants of a building or their guests.

RECYCLABLE BY-PRODUCTS

Those materials not defined as a recyclable under this chapter but which are a direct result of the recycling process. Examples of by-products include tires, batteries, waste oil, waste waters/process waters and construction debris. These materials cannot be brought to a recycling facility separate from the recyclables.

[Added 7-20-1992]

RECYCLABLES

[Added 7-20-1992]

Materials which can be categorized as follows:

Salvageables: motor vehicles, white goods and scrap metal.

Renewable natural resources: paper, cardboard, wood, metal containers and glass.

Artificial renewable resources: plastics.

RESTAURANT, FAST-FOOD, DRIVE-THROUGH

The types of materials listed herein are exclusive, and no other materials shall constitute recyclables for recycling facilities under this chapter.

RECYCLING FACILITIES

Any buildings, structures and lands which are used for receiving and physically altering recyclables by baling, compacting, dismantling and otherwise minimizing the materials. Such facilities include both transfer stations and processing facilities.

[Added 7-20-1992]

RESTAURANT

Any establishment where food and beverages are prepared and served in a ready-to-consume state and whose design or principal method of operation includes the following characteristics: customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which said items are consumed. All such establishments are required to have minimum seating for 16 customers.

[Amended 12-14-1987; 7-11-2011 by L.L. No. 8-2011; 9-10-2012 by L.L. No. 12-2012]

RESTAURANT, CARRY-OUT

Any establishment where food and/or beverages are prepared and served in a ready-to-consume state and whose design or principal method of operation includes one or both of the following characteristics: customers order from a menu board or serve themselves from a buffet and principally carry out their food and/or beverages for consumption off premises.

[Added 9-10-2012 by L.L. No. 12-2012]

Restaurants where most customers order and are served food inside the premises at a counter, to be taken to a table for consumption or in packages prepared to leave the premises, or where customers are served their food in a motor vehicle through a service window, in packages prepared to leave the premises.

[Added 12-14-1987; amended 9-10-2012 by L.L. No. 12-2012]

SATELLITE DISH ANTENNA

A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TUROs" and "satellite microwave antennas."

[Added 12-12-1988]

SCARIFICATION

The cutting or tearing of human skin for the purpose of creating a permanent mark or design on or under the skin.

[Added 9-10-2012 by L.L. No. 10-2012]

SCHOOL-AGE CHILD CARE

A facility for the care of children meeting all of the requirements of NYCRR Part 414.

[Added 9-26-1995]

SCHOOL, BUSINESS

A school for adults including but not limited to bartending schools, hairdressing academies, secretarial schools, professional schools and similar such facilities, which generally maintain terms of study of less than one year and which may confer certificates but do not administer degrees or, alternatively, a storefront satellite campus for a degree conferring college or university consisting only of classrooms, labs and/or small lounges, but not maintaining residential facilities, full-meal preparation facilities, sports facilities, recreation facilities or the like.

[Added 9-26-1995]

SCHOOL, NURSERY OR KINDERGARTEN

A school for pre-school-age and kindergarten-age children whose annual session does not exceed the school session for full-time day schools prescribed in § 3204 of the New York State Education Law and which is operated by a Board of Education, any established religious organization as part of an elementary school or under a permit issued pursuant to Section 47.03 of the New York Health Code, but not including child day-care facilities as defined and regulated herein.

[Added 9-26-1995]

SCHOOL, STANDARD

An institution providing full-time day instruction and a course of study which meets the requirements of §§ 3204, 3205 and 3210 of the New York State Education Law.

[Added 9-26-1995]

SHOPPING CENTER

A tract of land with buildings or structures planned as a whole and intended for three or more retail establishments, with accessory parking on the same site.

SITE PLAN

Plan for use and/or development of any lot, parcel or piece of land other than for one-, two- or three-family residences or uses accessory thereto, prepared in accordance with the provisions of Article XI of this chapter.

SMALL THEATERS

A structure used predominantly for performances or rehearsals involving the performing arts. No more than 250 seats would be permitted in the audience. Physical elements may include a dedicated performance space in the structure, a lobby, a ticket booth, a marquee and other elements traditionally associated with theaters. Secondary uses may include corporate or educational conferences, seminars and events. Any change in seating configuration would need to be approved by the City Building Inspector in order to comply with New York State Uniform Fire Prevention and Building Code. A nightclub shall not be permitted in a small theater.

[Added 12-14-2009 by L.L. No. 21-2009]

SPECIAL PERMIT

A use anticipated by this chapter in a particular district but requiring authorization by the Common Council or the Planning Commission due to its potential incompatibility or injurious effect in an area.

SPECIALTY RETAIL

A store selling specialty items, such as crafts, antiques, baked goods, clothing, artwork or other goods.

[Added 11-13-1990]

SPECIFIED ANATOMICAL AREAS

[Added 9-26-1995]

Less than completely and opaquely covered human genitals, pubic region or pubic hair; buttock; female breast or breasts below a point immediately above the top of the areola; any combination of the foregoing; or

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernibly erect state, even if completely and opaquely covered.

Any one or more of the following:

[Added 9-26-1995]

Human genitals in a discernible state of sexual stimulation or arousal; or

Acts of human masturbation, sexual intercourse, oral sex or sodomy.

STORY

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 be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.

STORY, HALF

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.

STREET

Any public street, court, place, square, lane or way set aside or used as a right-of-way for common street purposes.

STREET LINE

The dividing line between a lot and a street.

STRUCTURE

See definition of "building."

SUBLEASING

The act of the owner of a property, who is not the original developer or builder, subsequently renting said property to a third party.

[Added 9-14-2009 by L.L. No. 15-2009]

SWIMMING POOL

An outdoor water pool which is not operated for gain and which is intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. An outdoor water pool shall, for the purposes of this chapter, be construed to mean any swimming pool, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained, which will cause the retaining of water to a greater depth than 18 inches and having a plane surface area of water greater than 100 square feet.

TATTOO

A mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin.

[Added 9-10-2012 by L.L. No. 10-2012]

TATTOOIST

Any person who conducts the practice of making tattoos.

[Added 9-10-2012 by L.L. No. 10-2012]

TATTOO STUDIO

Any building space in which a tattooist conducts the practice of making tattoos.

[Added 9-10-2012 by L.L. No. 10-2012]

TOWNHOUSE

One of several units in a building, which unit is designed for and occupied exclusively as a home or residence for not more than one family living independently of any other family, served by separate utilities, separated from other units by a party wall or walls and erected on a lot intended to be held in the form of a condominium or in single and separate ownership from any adjoining units.

TRAILER

Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for permanent (occupancy for more than two consecutive weeks) living or sleeping quarters or so as to permit cooking.

Any tractor trailer or truck bodies stored on one lot when empty or used for storage for a period greater than three days.

TRAILER CAMP

Any lot, parcel or tract of land upon which two or more trailers are located or parked for occupancy.

TRANSIENT

A person who receives lodging at a given location for a period of not more than 180 days in any year.

[Added 9-26-1995]

TRANSITIONAL HOUSING

A facility providing temporary housing and on-site meals for clients, with counseling, training and educational support and referral services, lounges and a reception area, for adults with no ordinary or regular home or residential address, and/or individuals or families displaced from their habitual residence as a result of economic factors such as loss of income, sudden catastrophe (e.g., fire, flood), domestic violence, condemnation, eviction, or other urgent event. Transitional housing is not and shall not be considered to be "agency community residences" or "agency group homes" as defined by the City Code or State Code, and neither are they public health facilities or public counseling centers; assisted-living residences, nor are they bed-and-breakfasts; bed-and-breakfast hotels; boarding, lodging or rooming houses; congregate-care facilities, day-care facilities, family day-care homes; group family day care; hotel or motels; senior citizen housing; mixed-use residential buildings; and/or nursing homes, as same are defined by the City of Peekskill Code.

[Added 11-28-2022 by L.L. No. 11-2022]

USABLE OPEN SPACE

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 such space is available and accessible to all said occupants by means of access other than stairs.

USE, ACCESSORY

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.

VIDEO AMUSEMENT DEVICE

Any mechanical or electronic device, whether or not coin operated, which utilizes a video screen to produce the entertainment environment.

[Added 5-8-2000]

YARD, FRONT

[Amended 11-24-2008 by L.L. No. 14-2008]

Ground area fully open to the sky between the street line and a line drawn parallel thereto, extending from lot line to lot line. Such area shall be unoccupied by structures, although the following may be present:

Fences four feet or less in height;

Walls three feet or less in height;

Statuary and other decorative features;

(d)

Stoops, entry platforms and steps (not including porches) whether covered or uncovered;

Flagpoles;

Landscaping;

Walkways;

Exceptions as listed in § 575-16 of the City Code;

(i)

Other nonintrusive elements at the discretion of the City Building Inspector.

All properties must be accessed through a front yard. The front yard shall front along the same street line that a lot takes frontage from. All house numbering shall be from a street on which a property has a front yard.