This chapter shall be known as the "Zoning Law
of the Village of Chester, New York."
There is hereby established a new comprehensive
zoning plan for the Village of Chester, which plan is set forth in
the text, schedule and map that constitute this chapter. Said plan
is adopted for the purposes set forth in Article VI-A, §§ 175
and 177, of the Village Law,[1] with the objective of promoting the public health, safety,
morals, comfort, general welfare, conservation of property values,
the gradual elimination of nonconforming uses and the prevention and
reduction of traffic congestion throughout the Village.
[1]
Editor's Note: See now Art. 7, §§ 7-700
and 7-704.
A.
Word usage. All words used in this chapter in the
present tense include the future tense; all words in the plural number
include the singular number, and all words in the singular number
include the plural number, unless the natural construction of the
wording indicates otherwise; the word "building" includes the word
"structure"; the word "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"; the word "lot" includes the word
"plot"; the term "erected" shall be deemed also to include "constructed,
reconstructed, altered or moved." The word "may" is permissive; the
word "shall" is mandatory and not directory. The word "Village" means
the "Village of Chester" in the County of Orange, State of New York.
The terms "Village Board," "Board of Appeals" and "Planning Board"
mean the respective Boards of said Village.[1]
B.
ACCESSORY APARTMENT
ACCESSORY BUILDING, STRUCTURE OR USE
ADULT ENTERTAINMENT USE
(1)
(a)
(b)
(c)
(d)
(e)
(2)
ALTERATION
APARTMENT BUILDING
AREA VARIANCE
BILLBOARD
BUILDING
BUILDING AREA
CELLAR
CONVENIENCE STORE
COURT
CURBLINE
DWELLING
DWELLING, ONE- OR SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EXTENDED STAY/ALL-SUITE HOTEL
FAMILY
FLOOR AREA
GARAGE, PRIVATE
GARAGE, PUBLIC
HEIGHT
HOME OCCUPATION
HOTEL
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT WIDTH
MOBILE DWELLING
MOBILE DWELLING PARK
MODULAR DWELLING
MOTEL
NONCONFORMING BUILDING, STRUCTURE OR USE
PERSON
PLACE OF PUBLIC ASSEMBLY
PREFABRICATED DWELLING
PRINCIPAL BUILDING OR USE
PROFESSIONAL OFFICE
RESIDENTIAL BUILDING
ROOFLINE
SALE
SHED
SIGN
SIGN AREA or SIGN SURFACE AREA
SIGN, BUSINESS
SITE PLAN
SPECIAL PERMITTED USE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURES
TOWNHOUSE
USABLE OPEN SPACE
USE
USE VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
For the purpose of this chapter, certain words and
terms herein are defined as follows:
A separate and distinct residential living unit wholly contained
in an owner-occupied residential dwelling served by a kitchen and
bathroom facility separate and distinct from those selling the other
unit in the dwelling and having a separate entrance thereto.
[Added 12-14-1987 by L.L. No. 2-1987]
A permitted subordinate building, structure or use which
is clearly incidental to, customarily in connection with and located
on the same lot as the principal permitted use.
[Added 2-11-2002 by L.L. No. 1-2002]
Shall include any or all of the following:
ADULT BOOKSTOREA person, establishment or business, whether retail or wholesale, having as 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 the purposes of this definition, "minimal portion" means 10% of gross sales or receipts for any calendar year.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents topless dancers, bottomless 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. This definition will apply whether or not alcohol is available for sale or consumption at the premises.
ADULT MOTELA motel which is open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which is present in a public movie theater would be open to the public generally but would exclude any minor by reason of age.
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.
MASSAGE ESTABLISHMENTAny 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 healthcare practitioner duly licensed by the State of New York. As used herein, a "massage" is a method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
As used herein, "sexual activities" means any
act of masturbation, fellatio, sadomasochism, sexual intercourse or
physical contact with a person's clothed or unclothed genitals, public
area, buttocks or, if such person is female, breast.
A change or rearrangement in the structural parts of a building,
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
A structure housing three or more dwelling units exclusive
of any principal permitted uses other than residential uses.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
[Added 2-6-1995 by L.L. No. 1-1995]
A sign or structure used for display which directs attention
to a business, commodity, service or entertainment generally conducted,
sold or offered elsewhere than upon the lot where the sign or structure
is located.
A structure wholly or partially enclosed within exterior
walls and a roof, which is designed or intended for use as an enclosure,
shelter, protection or support of persons, animals or property.
The total area of a lot covered by all buildings except for
open porches, patios, steps and similar appurtenances.
A story, the floor of which is more than 1/2 of its story
height below the average level of the adjoining ground.
A retail shop where a variety of goods are sold, including
sandwiches prepared on or off site, dairy products, meats, drinks,
sundries, tobacco, stationery, sundries, magazines newspapers, hardware,
over-the-counter medicines and as an accessory use on the same lot
gasoline may be sold by means of up to four gasoline filling pumps,
i.e., to serve up to four passenger automobiles at one time. All wares
will be stored within a building.
[Added 10-6-2003 by L.L. No. 7-2003]
An open, unoccupied space, other than a required yard, on
the same lot with a building.
That line formed by the face of a curb and a street pavement
at their point of intersection and running the full length of the
curb.
A building used by one or more families living independently
of each other upon the premises. The term "dwelling" shall include
mobile homes, provided that they meet all of the requirements of this
chapter, the Building Code[2] and all other laws, regulations and ordinances applicable
to dwellings.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, including cooking and plumbing facilities,
for only one family and having no enclosed space (other than vestibules,
entrances or other hallways or porches) or cooking or sanitary facilities
in common with any other family. A boardinghouse, dormitory, motel
or other similar structure shall not be deemed to constitute a "dwelling
unit."
A hotel suite facility intended for short-term occupancy
of less than 30 consecutive days, with all rooms offered on a per-night
basis. A feature of all rooms is a kitchen, which shall include, at
a minimum, a full-sized refrigerator, microwave, sink and a built-in
cooking appliance such as a stove. In addition, laundry, exercise,
and meeting facilities shall be available on-site. Access to and from
all suites is made through an inside lobby or vestibule, supervised
by a person in charge at all hours; differentiated from regular hotels
or motels. An extended stay/all-suite hotel shall not constitute an
individual's or family's primary residence and shall not be construed
to be a multiple dwelling.
[Added 9-11-2023 by L.L. No. 4-2023]
An individual or two or more persons related by blood or
marriage, or a group of not more than four persons who are not related
by blood or marriage, living together as a single housekeeping unit
in a dwelling unit.
The sum of the gross horizontal areas of the several floors
of a building or dwelling unit. All dimensions shall be measured between
exterior faces or walls. In calculating "floor area" for off-street
parking requirements, the "floor areas" of all buildings on a lot
shall be considered.
Any enclosure primarily intended for the storage of one or
more motor vehicles, provided that no business, occupation or service
is conducted for profit therefrom, nor space therein leased to any
nonresident of the premises on which the garage is located; or any
enclosure used to store or protect property consisting of 145 square
feet or more of total area, access of more than six feet in width,
or exceeding 10 feet in height. Unless stated otherwise, the restrictions
for a structure will be applicable to a private garage.
[Amended 6-9-2003 by L.L. No. 4-2003]
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of the such structure or to
the midpoint of a gable roof.
[Amended 11-8-2004 by L.L. No. 4-2004]
Any gainful occupation customarily conducted within a dwelling
by the residents thereof, clearly secondary to the use of the dwelling
for living purposes and which does not change the character of the
structure as a residence. Said activity shall not have more than one
nonresident employee and 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" include but are not limited
to the following: art studio; dressmaking; offices of a clergyman,
lawyer, physician, dentist, architect, engineer or accountant; teaching
or tutoring, with musical, dancing and other instruction limited to
one pupil at a time. However, "home occupations" shall not be construed
to include uses such as the following: real estate office, restaurant,
clinic or hospital, animal hospital, dog kennel, barbershop, beauty
parlor or antique shop.
A building or group of buildings, whether detached or connected,
offering short-term, not to exceed 14 days, transient lodging accommodations
on a fee or hire basis to the public. Access to and from all rooms
is made through an inside lobby or vestibule, supervised by a person
in charge at all hours. A hotel shall not constitute an individual's
or family's primary residence and shall not be construed to be a multiple
dwelling.
[Added 9-11-2023 by L.L. No. 4-2023]
One or more contiguous parcels of land united by common interest
of use considered as a unit, designed to be used by one use or structure
or by a related group of uses or structures and the accessory uses
or structures customarily incidental thereto, including such open
spaces as are required. A "lot" may be or may not be the land shown
as a single lot on a duly recorded plat or other official record.
The total horizontal area included within lot lines.
A lot abutting upon two or more streets at their point of
intersection or upon two parts of the same street, such streets or
parts of the same street forming an interior angle of less than 135°.
The point of intersection of the street lot lines is the corner.
The percentage of the lot area that is occupied or covered
by the building area.
Any boundary of a lot. Any "lot line" not a rear lot line
nor a front lot line shall be deemed to be a side lot line.
Any lot line running adjacent to, generally parallel to,
or facing in the same direction as a street line. A corner lot or
lot abutting two or more streets shall be considered to front on the
street on which it has the least frontage. When a corner lot or lot
abutting two or more streets shall have equal frontage on both streets,
the owner may elect the street upon which he desires to front.
[Amended 4-7-2003 by L.L. No. 2-2003]
That lot line which is more distant from and is most nearly
parallel to the front lot line.
The distance between side lot lines at the required minimum
front yard depth, measured along a line parallel to a line which connects
the end points of the front lot line.
A vehicular, portable structure, including but not limited
to a single- or double-width house trailer or mobile home or any other
residential structure designed and built on a chassis with water supply,
waste disposal, heating and electrical convenience systems as in immobile
housing and manufactured without a permanent foundation which does
not come within the definition of a modular or prefabricated dwelling.
Excluded are vehicular-type units primarily designed as temporary
living quarters for recreational, camping or travel use.
[Added 12-14-1987 by L.L. No. 2-1987]
Any lot, parcel or tract of land on which two or more mobile
dwellings are located for long-term (30 days or more) occupancy, regardless
of whether or not any charge is made for such accommodation.
[Added 12-14-1987 by L.L. No. 2-1987[3]]
A dwelling unit consisting of at least two sections separately
transported to a site where the completed dwelling, installed on a
permanently frostproof foundation, is indistinguishable from conventionally
built dwellings.
[Added 12-14-1987 by L.L. No. 2-1987]
A building or group of buildings, whether detached or connected,
offering short-term, not to exceed 14 days, transient lodging accommodations
on a fee or hire basis to the general public and which has individual
entrances, from outside the building, to serve each sleeping unit.
A motel shall not constitute an individual's or family's primary residence
and shall not be construed to be a multiple dwelling.
[Added 9-11-2023 by L.L. No. 4-2023]
Any building, structure or use of any building, structure,
lot or land or part thereof, lawfully existing at the effective date
of this chapter, which does not conform to the regulations prescribed
for the district in which it is situated.
Any individual, firm, company, association, society, corporation
or group.
Meeting hall, clubhouse, auditorium, place of worship or
other structure or portion of a structure, accommodating 25 or more
persons and used at regular or periodic intervals as a gathering place
for purposes of conference, deliberation, worship, entertainment,
amusement, recreation or education, or performance of social, athletic
or cultural programs.
A dwelling unit consisting of at least two sections separately
transported to a site where the completed dwelling, installed on a
permanently frostproof foundation, is indistinguishable from conventionally
built dwellings,
[Added 12-14-1987 by L.L. No. 2-1987]
The primary purpose for which a lot or building is designed
or used or in which the "principal use" is conducted.
As used in the Schedule of District Regulations for the RS Zone, shall apply to the conversion of an existing single-family or two-family dwelling for an office used by a duly licensed accountant, architect, attorney, dentist, engineer, or physician. The location of parking and signs, necessary landscaping, screening, and lighting will be determined by the Planning Board so that the professional office will not change the residential character of the neighborhood. The professional office may have a sign not to exceed the requirements of § 98-19C(2). A professional office may include one dwelling unit as a principal or accessory use. The public notice for an application for a professional office will be the same as required by the Zoning Board of Appeals for a variance.
[Added 12-11-2000 by L.L. No. 3-2000]
Any building, the principal use of which is for dwelling
purposes, and not including dwelling units above business uses in
the same structure.
That line formed by the longest line connecting two sloping
roofs of the structure for sloping roofs or, in the case of a flat
or low-slope roof (one vertical on 12 horizontal maximum pitch), the
line formed by the top of the parapet or facade.
[Amended 2-10-1992 by L.L. No. 1-1992]
The conveyance of real property in fee simple absolute or
the conveyance of property by means of a contract of sale over a period
of time anticipating the conveyance in fee simple absolute at a later
time; or a long-term lease for a period of three or more years.
[Added 12-14-1987 by L.L. No. 2-1987]
Any enclosure used to store or protect property consisting
of 144 square feet or less of total area, access of less than six
feet in width and not exceeding 10 feet in height. Unless stated otherwise,
the restrictions for a structure will be applicable to a shed.
[Amended 6-9-2003 by L.L. No. 4-2003]
Any letter, word, model, banner, pennant, insignia, trade
flag, device or representation used as or which is in the nature of
an advertisement, attraction or directive.
Includes all faces of a sign measured as follows: When such
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;
when such a sign consists only of letters, designs or figures engraved,
painted, projected or in any manner affixed on a wall, the total area
of such sign shall be deemed the area within which all of the matter
of which such sign consists may be inscribed.
A sign which directs attention to a business or profession
conducted upon the property.
A plan for the proposed development of a property, showing
location of buildings, means of ingress and egress to the property,
circulation within the property, treatment of all open areas and the
general relationship of said property to abutting properties.
An authorization of a particular land use which is permitted
under the Zoning Law, subject to conditions imposed by such Zoning
Law to assure that the proposed use is in harmony with such Zoning
Law and will not adversely affect the neighborhood if such conditions
are met.
[Amended 2-6-1995 by L.L. No. 1-1995]
A space between the surface of any floor and the surface
of the next higher floor, or if there is no floor above it, the space
between the surface of any floor and the ceiling immediately above
it.
A space under a sloping roof, which has the line of intersection
of the interior faces of the roof structure and main building wall
not more than three feet above the top floor level, and in which space
the floor area with a headroom of five feet or more occupies at least
60% of the total area of the story directly beneath.
A publicly dedicated right-of-way or a private right-of-way
improved to meet Village street specifications for vehicular and pedestrian
traffic,[4] which affords the principal means of access to abutting
properties.
The dividing line between a lot and the right-of-way of a
street.
Any combination of materials or fabrication forming a construction,
including, but not limited to, anything permanently attached to the
ground or attached to anything permanently attached to the ground,
any shed, garage, barn, towers, stationary asphalt or concrete mixing
facility, fence, gate, swimming pool, sign, and wheeled trailer or
shipping container used or available for storage.
[Amended 6-9-2003 by L.L. No. 4-2003]
A dwelling structure containing a series of two or two-and-one-half-story
noncommunicating one-family dwelling units having a common wall between
each two adjacent sections. Each dwelling unit is in separate ownership
on a separate tax lot.[5]
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free from structures
of any kind and which is available and accessible to all occupants
of the building or buildings on the said lot for purposes of active
or passive outdoor recreation. "Usable open space" shall not include
any land sloped more than 5% unless and to the extent it can be demonstrated
that such land is usable and suitable to the proposed open space.
Said "usable open space" may include buffer strips and fenced or screen-planted
children's play areas.
[Amended 2-6-1995 by L.L. No. 4-1995]
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[Added 2-6-1995 by L.L. No. 1-1995]
The area of a lot generally unoccupied by any building and
extending along the lot lines and in towards the interior of the lot.
Such open space is unoccupied and unobstructed from the ground upward.
An open, unoccupied space within and extending the full width
of the lot between the front property line and the building.
An open, unoccupied space within and extending the full width
of the lot between the building and the rear line of the lot.
That portion of a yard, regulated by this chapter, which
shall be left open and unoccupied by any part of a building other
than a fence or retaining wall, except as provided herein.
An open, unoccupied space within a lot between the side lot
line and the parts of a building nearest to such lot line. Such "side
yard" shall extend from the front yard to the rear yard.
