A.
Unless otherwise listed below, the numbers, abbreviations,
terms and words listed herein shall have the meanings of common usage
as set forth in the latest edition of Webster's New Collegiate Dictionary.
Terms of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary.
B.
Unless the context clearly indicates to the contrary,
words used in the present tense include the future tense; words used
in the singular number include the plural; words used in the plural
number include the singular; the word "herein" means "in this chapter";
the word "requirements" means "chapter"; and the words "this chapter"
shall mean "this chapter and the maps included herein as enacted or
subsequently amended."
C.
The word "person," as used in this chapter, shall
be defined to include, but not be limited to, an individual, a partnership,
a joint venture, a corporation, an unincorporated association, a firm
or any other form of entity, contractors, subcontractors or journeymen;
"used" or "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged or designed to be used or
occupied."
D.
The "village" is the Village of Spring Valley in the
County of Rockland, State of New York; the "Village Board," "Board
of Appeals," "Planning Board" and "Building Inspector" are respectively
the Village Board, Board of Appeals, Planning Board and Building Inspector
of the village.
E.
"Shall" is always mandatory, except when applied to
public officials, in which event "shall" is directory. Time requirements
shall, nevertheless, be considered mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to and customarily in connection
with the principal building, structure or use and which is located
on the same lot with the principal building, structure or use. Any
accessory building or structure attached to a principal building or
structure is deemed to be part of such principal building or structure
in applying the bulk requirements to such building or structure. No
use shall be considered "accessory" where such use requires a greater
area of a lot or larger setbacks or yards or for which greater restrictions
than for the principal use on the lot are imposed by this chapter.[1]
A person, establishment or business, whether retail or wholesale,
having more than a minimal portion of its stock in trade recordings,
books, magazines, periodicals, films, video tapes/cassettes or other
viewing materials for sale or viewing on or off the premises, which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to sexual activities or sexual anatomical areas.
For purposes of this definition, "minimal portion" means 10% of gross
sales or receipts for any calendar year.
[Added 8-13-1996 by L.L. No. 3-1996]
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments, and which establishment is customarily
open to the public generally but excludes any minor by reason of age.
[Added 8-13-1996 by L.L. No. 3-1996]
Any activity covered by the definition of an adult bookstore,
an adult entertainment cabaret, an adult motion-picture theater, an
adult motel or a massage establishment.
[Added 8-13-1996 by L.L. No. 3-1996]
A motel which is open to the public generally but excludes
minors by reason or 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 be open to the public generally but
would exclude any minor by reason of age.
[Added 8-13-1996 by L.L. No. 3-1996]
An enclosed or unenclosed building, structure or portion
thereto used for presenting materials distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
activities or sexual anatomical areas for observation by patrons.
[Added 8-13-1996 by L.L. No. 3-1996]
The measure of land in a horizontal plane, uncorrected or
adjusted for legal encumbrances, surface conditions or slope.
A building or area of land designed exclusively for the cleaning
of motor vehicles, whether by machinery line or with hand-operated
cleaning devices. The incidental washing or cleaning of vehicles associated
with other permitted uses shall not be deemed "automotive washing
facilities" under this chapter.
That portion of a building that is partly or completely below
grade plane. A basement shall be considered as a story above grade
plane where the finished surface of the floor above the basement is:
[Amended 9-14-2005 by L.L. No. 12-2005]
Any habitable space in excess of 80 square feet for one person,
120 square feet for two persons and 180 square feet for three persons,
other than a living room, dining room, bathroom, hallway or kitchen.
A sign which directs attention to a business, commodity,
service, entertainment or attraction conducted, sold, offered or existing
elsewhere than on the same lot where such sign is displayed or not
for the principal use of such lot.
A dwelling, part of which is occupied by one or more persons,
roomers, boarders or lodgers, etc., who are not members of the immediate
family of the primary occupants, on more than an occasional basis,
exceeding one month, in which there are provided services incidental
to the dwelling's use as a temporary residence for said boarders,
roomers, lodgers, etc. The term "boardinghouse" shall include a rooming
house or lodging house, but not foster homes, for the purpose of this
chapter.
An area of specified dimension extending between the property
line and a required yard. The "buffer" shall not be used or otherwise
encroached upon by any activities on the lot.
Any structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, press or walls
and intended for the shelter, business, housing or enclosing of persons,
animals or property.
See "accessory."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
That part of a building, structure or nonbuilding use which
does not conform to one or more of the applicable bulk requirements
of this chapter.
Any person, firm, association, partnership, corporation,
or other entity for profit.[2]
[Added 8-13-1996 by L.L. No. 3-1996]
Official certification that a building or structure which
is generally considered a place of public assembly or use conforms
to applicable fire or specialized safety codes or laws.
[Added 1-28-1986 by L.L. No. 1-1986]
Official certification that a building or structure conforms
to this chapter and other applicable laws and may be occupied.
Official certification that a part or portion of a building
or structure conforms to this chapter and other applicable laws and
may be used in conformity with said laws.
[Added 1-28-1986 by L.L. No. 1-1986]
A motor vehicle or combination of vehicles used to transport
property or persons for business purposes:
Which has an unladen weight in excess of 7,000
pounds, being the weight of the vehicle only;
Designed or used to transport 10 or more passengers,
including the driver; or
Which is used to transport hazardous or noxious
materials or substances, "hazardous" meaning material such as explosives,
flammable liquids, etc., which can cause risk, danger or peril to
the public safety or have destructive effects on objects, and "noxious"
meaning substances or material offensive to the smell or harmful to
the skin, which can cause injury, disease or is detrimental to the
health or safety of the public.
The Comprehensive Master Plan adopted by the Planning Board
for the development of the entire unincorporated area of the village,
pursuant to § 7-722 of the Village Law.
[Amended 4-11-1995 by L.L. No. 1-1995]
A building or area of land where a person, firm or corporation
engaged in the construction business or a related field stores building
materials, equipment and supplies used exclusively in his business
as a contractor. Retail or wholesale sale of any contractor's materials
or supplies is prohibited.
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings. It does not include any such
area with no windows opening upon it except windows on a stairway.
An "outer court" extends to a street or yard; an "inner court" does
not.
See "street line, designated."
A building or part of a building containing private or semiprivate
rooms which open to a common hallway, which rooms are sleeping quarters
for administrative staff, faculty or students, along with communal
bathroom, dining, cooking, laundry, lounge and recreation facilities,
as required. Dormitory rooms shall not contain separate cooking, dining
or housekeeping facilities, except that one dwelling unit with complete
housekeeping facilities may be provided for use of a superintendent
or supervising staff for every 50 dormitory rooms or major part thereof.
No more than one communal dining room shall be provided in any building
or structure used for dormitory purposes. Single-family, two-family
and/or other multiple residential facilities other than that described
above are not to be considered as "dormitories." Private rooms may
be occupied by no more than one person, and semiprivate rooms may
be occupied by no more than two persons.
A surface which is adequately covered with screenings, stone,
gravel, concrete or bituminous products or adequately treated with
oil, calcium chloride or similar dust-inhibiting substances and maintained
in good condition at all times.
A building or part thereof designated, used or occupied for
one or more dwelling units, but not including a boardinghouse, tourist
home, hotel, motel, tourist cabin, summer colony or trailer.
One or more two- or three-story, multifamily structures,
situated on one lot containing off-street parking, landscaped areas
and other appurtenant facilities.
[Added 3-27-2007 by L.L. No. 1-2007]
An apartment building containing from three to six stories
[Added 3-27-2007 by L.L. No. 1-2007]
A building which is designed, used or occupied for residential
purposes for more than two dwelling units.
A building designed, used or occupied for residential purposes
for one dwelling unit only.
A one-family residence which is separated from other buildings
by open space.
A building or structure which comprises one dwelling unit
for one family and which is attached or connected to another dwelling
unit for one family at their common property line by means of a party
wall, the length of which represents at least 50% of the total sidewall
length of which the party wall is a part, and which is separated from
any other building or structure by open space on the side lot line
opposite the party wall and by open space on the front and rear lot
lines. Each dwelling unit must be on its own lot.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
[Added 3-27-2007 by L.L. No. 1-2007]
A building on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
[Added 3-27-2007 by L.L. No. 1-2007]
A two-family dwelling attached to two or more two-family
dwellings by common vertical walls without openings.
[Added 3-27-2007 by L.L. No. 1-2007]
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, 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 house trailer, boarding- or rooming house, convalescent home, dormitory,
fraternity house, hotel, inn, lodging, nursing or other similar home
or other similar structure shall not be deemed to constitute a "dwelling
unit."
A coin-operated electronic or mechanical amusement device,
including but not limited to baseball, football or other sport games,
pinball machines and video games.
[Added 1-28-1986 by L.L. No. 1-1986]
An establishment containing more than three electronic games.
[Added 1-28-1986 by L.L. No. 1-1986]
The average setback on each street on which a lot fronts
established by three or more buildings within the same zoning district,
within 300 feet on each side of such lot along the same side of the
street, but not beyond any intersection.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended 4-11-1995 by L.L. No. 1-1995]
A use providing room and board and services or facilities
to individuals who, by reason of mental or physical disability, require
specialized attention and care.
An unroofed barrier or unroofed enclosing structure, including
retaining walls.
A minor change or adjustment to an approved site development
plan, due to field conditions, that will not substantially alter the
intent, layout or design of the approved plan.
A farmer's market, fair, bazaar or similar activity, by whatever
name, or those uses which involve the setting up of two or more independently
operated booths, tables, racks or similar display areas for the purpose
of selling merchandise or other items offered for sale by individual
vendors or concessionaires, each of whom generally rents selling space
from the flea market operator. A "flea market," as defined herein,
shall not be intended to include a garage sale, roadside produce stand
or fundraising event or festival sponsored by a religious, charitable
or civic organization and held on their own property.
The land in the floodplain within the village subject to
a one-percent or greater chance of flooding in any given year.
Any land area adjoining a river, stream, watercourse or lake
which is likely to be flooded.
The gross floor area of all buildings on a lot divided by
the area of the lot.
The horizontal distance measured along the full length of
a street line abutting the lot.
A building or other structure or a tract of land used for
the retail servicing of motor vehicles, including the sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories
and replacement items; washing and lubrication services; and the performance
of routine automotive maintenance and repairs. Sale of other retail
products from the premises shall not be deemed to affect the use of
the facility as a "gasoline service station and/or motor vehicle repair
shop."
[Amended 4-11-1995 by L.L. No. 1-1995]
A reference plane representing the average of the finished
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
[Added 9-14-2005 by L.L. No. 12-2005]
[Amended 9-9-2008 by L.L. No. 6-2008; 11-23-2010 by L.L. No.
10-2010]
The sum of the gross horizontal area of every floor of a building,
measured from the inside perimeter of exterior walls or from the interior
perimeter of the exterior walls to the interior of the party walls
separating the two buildings, including:
Regardless of the internal arrangement of a building, it shall
be deemed to have at least one floor for each 20 feet of height or
a major fraction thereof. However, a floor area does not include:
The vertical distance from the average elevation of the proposed
finished grade along the wall of a building (or adjacent to the side
of a nonbuilding use) to the highest point of the roof for flat roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs of such building (or nonbuilding uses).
Any gainful personal service occupation customarily conducted
within a residence, by the resident thereof, clearly secondary to
the use of the dwelling for living purposes, that does not change
the character of the structure as a residence. Said activity shall
not occupy more than 1/2 of the ground floor area of the dwelling
or its equivalent elsewhere in the dwelling if so used. Permissible
"home occupations" and "home professional offices" include, but are
not limited to, the following: art studio, dressmaking, teaching of
music or dancing and other instruction limited to the teaching of
one pupil at a time, clergyman, lawyer, physician, dentist, architect,
engineer or accountant. However, "home occupations" shall not include
a clinic or hospital, restaurant or animal hospital. Not more than
one person other than the principal may be employed by the owner in
connection with said activity. No display of advertising other than
a small nameplate and no display of products shall be visible from
the street.
[Amended 4-11-1995 by L.L. No. 1-1995]
A facility offering transient lodging accommodations to the
general public and providing additional services such as restaurants,
meeting rooms and recreation facilities.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials such as wastepaper, rags
or scrap material or used building materials, house furnishings, machinery,
vehicles or parts thereof, with or without the dismantling, processing,
salvage or sale or other use or disposition of the same. A deposit
or the storage on a plot of two or more unregistered, wrecked or broken-down
vehicles or part of two or more such vehicles for one week or more
in a residential district or for three weeks or more in any other
district shall be deemed to be a "junkyard."
A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be separately
owned, used, developed or built upon.
[Amended 3-27-2007 by L.L. No. 1-2007]
The total horizontal area included within the property lines of a lot, except that for any minimum lot area specified in this chapter, the area shall be adjusted as set forth in § 255-18A.
A corner at the junction of, or abutting on, two or more
intersecting streets where the interior angle of intersection does
not exceed 135º. 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 135º.
Any boundary of a lot other than a street line.
The lot line which abuts or runs along the designated street
line.
The lot line generally opposite the street line. If the "rear
lot line" is less than 10 feet in length or if the lot comes to a
point in rear, the "rear lot line" shall be deemed to be a line parallel
to the front lot line not less than 10 feet long lying farthest from
the front lot line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front yard requirement.
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
[Added 8-13-1996 by L.L. No. 3-1996]
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 massages are administered
only to the scalp, the face, the neck or the shoulder. This definition
shall not include a volunteer fire department, 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 8-13-1996 by L.L. No. 3-1996]
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health-care practitioners duly licensed by the State of New York.
[Added 8-13-1996 by L.L. No. 3-1996]
A storage and warehousing facility generally consisting of
small cubicles and rooms intended predominantly for the storage of
personal goods and possessions.
[Added 1-28-1986 by L.L. No. 1-1986]
An establishment providing transient accommodations containing
six or more rooms, with at least 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building.
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure, which does
not comply with the bulk requirements of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
Any use of a building or structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendments
thereto affecting such use, which does not conform to the use requirements
of this chapter for the district in which it is located.
Occupants of hotel or motel units whose stay at the hotel
or motel exceeds 60 consecutive days.
[Added 3-11-2008 by L.L. No. 3-2008]
Any private school accredited by the Education Department
of the State of New York, designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
operated at least five days per week and seven months per year.
The Official Map adopted and established by the Village Board
for the incorporated village, showing the streets, highways, parks
and drainage systems laid out on such map, including any references
to more detailed maps and studies.
Includes all vested or contingent interests of any person
or his agent, representative, successor or assignee and irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her
spouse, child, parent, sibling or spouse of sibling, heir or next
of kin, agent, corporation, firm, entity, partnership or unincorporated
association.
Property owned by different corporations, firms,
partnerships, entities or unincorporated associations, in which such
a person is a stockholder, a partner or associate or his or her spouse,
child, parent, sibling or spouse of sibling, heir or next of kin or
owns an interest of 10% or greater in each corporation, firm, partnership,
entity or unincorporated association.
When such person or his estate, successors or assigns or any person or entity included in Subsections A and B herein may be materially or substantively affected by the relief sought or by any determination in any proceeding sought before any board, body, commission or agency of the Village of Spring Valley, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
[Added 8-13-1996 by L.L. No. 3-1996]
The Planning Board of the Village of Spring Valley.
The primary or predominant use for which a lot or building
is used.
Any establishment, however designated, at which food and
beverages are sold primarily for consumption on the premises, whether
in a building or elsewhere on the property.
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served primarily for
consumption at counters, stools, tables or bars outside the building
or primarily for consumption in an automobile parked on the premises,
whether such food is brought to said automobile by the customer or
by employees of the restaurant, regardless of whether or not additional
seats or other accommodations are provided for customers inside the
building. Any drive-through restaurant shall be considered a "fast-food
restaurant."
A strip at least eight feet wide, densely planted
(or having equivalent natural growth) with shrubs or trees at least
four feet high at the time of planting, of a type that will form a
year-round dense screen at least six feet high within three years;
An opaque wall or barrier or uniformly painted
fence at least six feet high; or
Any other islands, barriers, emplacements, walls,
fences, trees, plantings, shrubbery or other artificial or natural
dividing strip or marker of any kind, wherever located on the site,
conditioned or required in any building permit, certificate of occupancy,
site development plan, subdivision approval, special permit, variance,
zone change or other requirement of any board, agency, commission
or official of the Village of Spring Valley pursuant to this chapter.[3]
Any act of masturbation, fellatio, sadomasochism, homosexuality,
sexual intercourse or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if such person be female,
breast.
[Added 8-13-1996 by L.L. No. 3-1996]
Modules, panels and/or devices used to collect solar power
and convert it into use as electricity, heat, or some other form of
energy. Solar energy collectors specifically include solar panels
and/or solar thermal collectors.
[Added 4-26-2016 by L.L.
No. 4-2016]
That portion of a building included between the upper surface
of a floor and the upper surface of the floor next above. It is measured
as the vertical distance from top to top of two successive tiers of
beams or finished floor surfaces and, for the topmost floor, from
the top of the floor finish or ceiling joists to the top of the roof
rafters. A distance of six feet or less from the top of ceiling joists
to the top of the roof rafters shall not be considered a story.
[Amended 9-14-2005 by L.L. No. 12-2005]
A street which is one of the following: an existing town,
village, county or state highway or street; or a street shown on an
approved subdivision final plat or a street shown on the Official
Map of the village.
A line equidistant from each street line of a street or,
if no street line is established, the center line of the existing
pavement or, if the street is unpaved, the center line of the existing
traveled way.
See "frontage."
The right-of-way of a street.
The line established by the Official Map as the street right-of-way,
whether or not in public ownership.
A combination of materials constructed, assembled or erected
on, above or below the ground or attached to something having location
on, above or below the ground, including but not limited to buildings,
fences, tanks, towers and swimming pools.
IN-GROUND POOLAn artificial pool or structure intended for wading, bathing or swimming purposes, made of concrete, masonry, metal or other impervious material, and which is an accessory use to a residence and for the exclusive use of the occupants of the residence and their guests.
ABOVEGROUND POOLAn artificial pool or structure which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to the pool and which is an accessory use to a residence for the exclusive use of the occupants of the residence and their guests.
A unit consisting of a kitchen, bedroom and bathroom in a
one-family house designed to accommodate and be occupied by no more
than two individuals who, by reason of health, infirmity or age (65
years or older), require the care or companionship of the prime occupant,
who is a member of the immediate family. Such use shall be discontinued
upon the removal of the qualifying individual(s), whereupon the kitchen
and plumbing fixtures and piping attached thereto shall be removed
within 30 days.
[Added 6-30-1992 by L.L. No. 2-1992]
Land is "underwater" where it is so shown on the United States
Geological Survey (USGS) Map of the village or where it is within
the channel lines of a classified stream as shown on the Rockland
County Drainage Agency Official Map. Soils classified as muck soils
by the United States Soil Conservation Service based on field investigations
shall be deemed land "underwater."
The specific purpose for which land or a building is used
or occupied or maintained.
A use customarily incidental and subordinate to the primary
use on a lot, whether such "accessory use" is conducted in a principal
or accessory building or on the lot.
See "nonconforming use."
A facility for the care and treatment of small animals, including
shelters and boarding facilities.
Open and unobstructed ground area of the lot, extending inward
from a lot line the distance specified in the requirements for the
district in which the lot is located. Where a buffer is required,
the buffer shall be deemed to commence at the lot line, and the yard
requirements shall be deemed to commence from the interior line of
the buffer.
A required yard extending along the full length of the front
lot line between the side lot lines.
A required yard situated along the rear lot line and extending
the full width of the lot to the side lines of the lot.
A required yard extending along a side lot line from the
required front yard (or from the front lot line if there is no required
front yard) to the required rear yard (or to the rear lot line if
there is no required rear yard).
[1]
Editor's Note: The definition of "Architectural
Review Board," which immediately followed this definition, was deleted
4-11-1995 by L.L. No. 1-1995.
[2]
Editor's Note: The former definition of "cellar"
which immediately followed was repealed 9-14-2005 by L.L. No. 12-2005.
[3]
Editor's Note: The definitions of "sign," "sign display," "sign, advertising," "sign area," "sign, directory," "sign, flashing," "sign, identification," "sign plan" and "sign, wall area," which immediately followed this definition, were repealed 1-28-1986 by L.L. No. 1-1986. See now Ch. 209, Signs.
