Town of Greenburgh, NY
Westchester County
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Table of Contents
Table of Contents
Words and terms stated in the present tense include the future. The singular includes the plural, and the plural includes the singular, unless the context otherwise requires. The masculine gender includes the feminine and neuter genders. The term "shall" is mandatory and not directory and does not indicate mere futurity unless the context clearly so requires. The term "Town" means the Town of Greenburgh. The term "unincorporated area of the Town" means that part of the Town of Greenburgh lying outside the limits of any incorporated village therein. The terms "Town Board," "Zoning Board of Appeals," "Planning Board," "Building Inspector," "Town Attorney," "Town Clerk" and other designated boards and officers mean, respectively, such boards and officers of the Town of Greenburgh. The term "person" includes an individual, corporation, partnership, firm or other combination of persons. The term "lot" includes the term "plot." The term "building" includes the term "structure." The terms "occupied" and "used," as applied to any land or building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." Words not herein specifically defined shall have their ordinary dictionary meanings.
Unless otherwise expressly stated in this chapter, the following terms, for the purpose of this chapter, shall have the meanings here indicated:
ACCESS STRIP
On flag lots, the horizontal area of land within the lot boundaries located between the street frontage line and the line deemed the "front lot line."
[Added 10-11-1989 by L.L. No. 1-1989]
ACCESSWAY
A driveway which provides access to or from the parking area of a specific site in relation to the federal, state, county and/or local roadway or roadways which service the site. Accessways shall be limited to the shortest practical distance, as determined by the appropriate approving agency, in the case of site plans and subdivisions, or by the Superintendent of Highways in the case of new driveways to be built for existing lots, which will provide direct access to or from the site and which shall not include loop road, circulation drives or any other paved or impervious surface within the required setback area. Accessways, excluding side lot line driveways on corner lots, shall not encroach on the side lot line setbacks required for parking areas, except that, in cases of flag lots, encroachment is permitted in the access strip only.
[Added 9-8-1980; amended 7-8-1987 by L.L. No. 3-1987]
ADULT ESTABLISHMENT
A commercial establishment where a substantial portion of the establishment includes an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or any combination thereof as defined below:
[Added 1-10-2001 by L.L. No. 1-2001]
A. 
An establishment, a substantial portion of which consists of stock-in-trade of any one or more of the following:
(1) 
Books, magazines or other printed matter which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(2) 
Photographs, films, motion pictures, videocassettes, slides or other visual representations characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
B. 
An establishment that regularly features any one or more of the following:
(1) 
Live performances characterized by a depiction of or emphasis on specified sexual activities or specified anatomical areas;
(2) 
Photographs, films, motion pictures, videocassettes, slides or other visual representations characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(3) 
Employees, agents or others who, as part of their employment or services to the adult establishment, regularly expose to patrons specified anatomical areas.
C. 
(1) 
A theater that regularly features one or more of the following:
(a) 
Photographs, films, motion pictures, videocassettes, slides or other visual representations characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;
(b) 
Live performances characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(2) 
Adult theaters shall include but not be limited to commercial establishments where such materials or performances are viewed from individual enclosures.
D. 
Facilities, other than an adult bookstore, adult eating and drinking establishment, or adult theater, that regularly feature employees who, as part of their employment, regularly expose to patrons specified anatomical areas.
AGENCY FOR SCIENTIFIC RESEARCH OR TECHNICAL DEVELOPMENT
A building or group of buildings for experimentation in pure or applied research, design, development and production of prototype machines or devices, or of new products.
AGENCY GROUP HOME
A home operated or sponsored by a public social service agency or private nonprofit agency, authorized or approved by the New York State Department of Social Welfare, or other New York State agency having jurisdiction, to provide resident services and twenty-four-hour supervision. Such home shall be headed by agency-approved staff and shall function as a single housekeeping unit.
ALARM MONITORING SERVICE
A service that uses a device located at a residence, place of business or other fixed premises to:
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
A. 
Receive signals from other devices located at or about such premises regarding a possible threat at such premises to life, safety or property from burglary, fire, vandalism, bodily injury or other emergency; and
B. 
Transmit a signal regarding such threat by means of transmission facilities of a local exchange carrier or one of its affiliates to a remote monitoring center to alert a person at such center of the need to inform the customer or another person or police, fire, rescue, security or public safety personnel of such threat.
ALTERATION
A change in the supporting members of a building, such as bearing walls, columns, beams, girders or floors, or any other change which is not merely a repair or replacement of any existing part, where such change would tend to:
A. 
Enlarge or diminish the floor area or usable floor area of the building or any part thereof.
B. 
Cause a change in the location or height of the exterior walls or roof of the building or structure.
C. 
Make possible a greater intensity of occupancy or use of the building or structure.
ALTERNATIVE ENERGY GENERATION
Solar photovoltaic (PV), indoor bio-energy (biogas, including biomass) and organic waste processing facilities/types of technologies and other emerging technologies deemed to be appropriate by the Town Board.
[Added 4-22-2015 by L.L. No. 3-2015]
AMATEUR OPERATOR
A person interested in radio technique solely with a personal aim and without pecuniary interest holding a written authorization from the Federal Communications Commission to be the control operator of an amateur station.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
AMATEUR RADIO SERVICES
The amateur service, the amateur satellite service and the radio amateur civil emergency service.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
AMATEUR SATELLITE SERVICE
A radiocommunications service using stations on earth satellites for the same purpose as those of the amateur service.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
AMATEUR SERVICE
Radiocommunications service for the purpose of self-training, intercommunication and technical investigations carried out by amateur operators.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
AMATEUR STATION
A station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
ANTENNA
A device that converts radio frequency electrical energy to radiated electromagnetic energy and vice versa; in a transmitting station, the device from which radio waves are emitted.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
ANTENNA, RECEIVING
An antenna, other than a satellite dish antenna, used exclusively to receive radio, television programming or any other electromagnetic signal.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
ANTENNA, SATELLITE DISH
An antenna with a reflective surface used to receive and/or transmit radio or electromagnetic waves from an orbiting satellite.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
ANTENNA TOWER
A freestanding lattice-type antenna support structure, other than a Con Edison high-voltage transmission line tower, greater than 12 feet in height in a residential district and 25 feet in height in a nonresidential district.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997; 3-24-1999 by L.L. No. 3-1999]
ANTENNA, TRANSMITTING
An antenna used to transmit and/or transmit and receive radio or electromagnetic waves. For the purposes of this chapter, transmitting satellite dish antennas no wider than one meter in diameter in a residential area or two meters in maximum diameter in a nonresidential district are excluded from this definition.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
ASSISTED LIVING FACILITY
A residential facility for individuals who require some assistance with daily living, with units that may contain kitchenettes, that is operated by an entity licensed by the State of New York to operate an assisted living residence or assisted living residence with an assisted living program component. The facility will combine dwelling units with provision of services, including, but not limited to, communal dining, medication supervision, personal care, physical therapy, and assistance with the activities of daily living such as bathing, dressing, grooming, eating and/or ambulation for persons who do not need the skilled medical care provided by a nursing home or convalescent care facility.
[Added 2-13-2013 by L.L. No. 1-2013]
ASSISTED LIVING UNITS
Handicapped adaptable dwelling units in Continuing Care Retirement Communities for individuals who may have difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility, where individual cooking facilities are limited to microwave ovens and/or cooktops, and where assistance is available by way of common meals, housekeeping and personal services.
[Added 12-21-1999 by L.L. No. 7-2015]
AUDITORIUM or ASSEMBLY HALL
Any enclosed premises used for spectator presentations, such as concerts, theatrical performances, lectures, meetings and similar events.
BAKERY
A retail sales establishment where bread, pastries, cakes, bagels, donuts and similar baked goods are baked or sold. Any such establishment where baked goods are commercially sold for any on-premises consumption, regardless of whether served by a waiter or waitress or whether service is available from a counter-type installation, shall not be considered a bakery for the purposes of this chapter and shall be deemed to be a restaurant, with the exception of establishments with an incidental dining special permit where the bakery is the primary principal use of the establishment. An establishment where whole pizzas are baked or sold for off-premises consumption only and served only from either a take-out counter or by delivery shall be considered a bakery for the purposes of this chapter.
[Added 7-8-1987 by L.L. No. 3-1987; amended 3-8-2000 by L.L. No. 2-2000]
BALCONY
A cantilevered deck having no vertical support posts.
[Added 7-8-1987 by L.L. No. 3-1987]
BASEMENT
The portion of a building that is partially or completely below finished grade.
[Amended 5-22-2013 by L.L. No. 2-2013]
BASE TRANSMITTER
A stationary transmitter that provides radio telecommunications service to mobile and/or fixed receivers, including those associated with mobile stations.
[Amended 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
BEDROOM
In a multifamily dwelling, any room designed for sleeping purposes or capable of being converted for such purposes other than a kitchen, foyer, hallway, bathroom, living room or dining alcove, if said alcove is fully open on at least one side to any other room and contains no closet.
BUFFER
Land not used for any purpose except to separate two other uses.
BUILDABLE AREA
The gross area of a lot less the density deductions for areas classified as steep slopes, very steep slopes, excessively steep slopes, wetlands and watercourses.
[Added 6-11-2003 by L.L. No. 6-2003]
BUILDING
Any structure intended for the shelter, housing or enclosure of any person, animal, property or substance. Also see "structure."
BUILDING, ACCESSORY
A building subordinate to the main building on the lot and used for purposes incidental to that of said principal building. A principal or main building must exist on a lot or a site plan which shall have been approved by the Planning Board for both principal and accessory use prior to the granting of any permit or other approval to construct an accessory building. All structures are also accessory buildings for the purposes of this chapter, particularly in regard to required setbacks, except that where a specific setback is stated for a particular type of structure, the specific setback shall be controlling.
[Amended 7-8-1987 by L.L. No. 3-1987]
BUILDING AREA
The total area of land covered by all principal and accessory buildings on a lot, measured in square feet, excluding cornices, eaves and gutters; chimneys projecting not more than 24 inches; steps; bay windows; and balconies, not extending more than one story in height and not more than five feet horizontally.
[Amended 7-8-1987 by L.L. No. 3-1987]
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot upon which it is located.
BUILDING, TEMPORARY
One erected, constructed or placed upon the premises to exist there for a brief or temporary duration of time, not exceeding one year. All other buildings shall be deemed and considered as permanent for the purposes of this chapter.
CABARET
Any room, place or space in the Town where, for gain or profit, live or mechanically reproduced music is provided in connection with dancing or where, for gain or profit, any musician, group of musicians, floor show or similar live entertainment is provided.
CAMP
A parcel of land, or land and water, including any recreational facilities, buildings, shelters or other accommodations suitable for and used as temporary or seasonal recreation purposes, and any dwelling units occupied by the owner, caretaker or superintendent.
CAR WASH
A building or portion thereof used exclusively for washing, cleaning and waxing automobiles.[1]
CELLULAR RADIOTELEPHONE SERVICE
A radio service in which common carriers are authorized to offer and provide cellular service for hire to the general public.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
CELLULAR SERVICE
Radio telecommunications services provided using a cellular system.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
CELLULAR SYSTEM
An automated high-capacity system of one or more multichannel base stations designed to provide radio telecommunications services to mobile stations over a wide area in a spectrally efficient manner. Cellular systems employ techniques such as low transmitting power and automatic handoff between base stations of communications in progress to enable channels to be reused at relatively short distances. Cellular systems may also employ digital techniques such as voice encoding and decoding, data compression, error correction and time or code division multiple access in order to increase system capacity.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
CHILD DAY-CARE CENTER
A day-care center facility providing care for children and the lot or parcel of land on which such facility is situated; however, if the lot or parcel of land is greater than 10 acres and has principal uses on the site which are not child-related, the boundary of the child day-care center shall be limited to the area(s) on the lot or parcel of land leased to and/or principally used by the day-care center.
[Added 3-24-1999 by L.L. No. 3-1999]
CLINIC, DENTAL OR MEDICAL
A facility in which the primary use and purpose is to provide medical services in connection with outpatient medical or ambulatory surgical care, including but not limited to medical, dental, psychiatric, psychological, chiropractic, dialysis, acupuncture services and/or physical or occupational therapy, including treatment and diagnostic centers as those terms are defined under Title 10 of the New York State Code, Rules and Regulations and regulated by the State Public Health Law. Clinics, medical or dental, are not hospitals as defined under the Town Zoning Ordinance. This definition excludes single physician practices, private medical group practices and facilities providing inpatient or overnight care for human beings or care to animals.
[Added 8-17-2005 by L.L. No. 3-2005]
COLLOCATION
The mounting of personal wireless service facilities used by two or more competing providers on the same antenna support structure, monopole or antenna tower.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
COMMON CARRIER
An individual, partnership, association, joint-stock company, trust or corporation engaged in rendering radio telecommunications services to the general public for hire.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
COMMUNICATIONS FACILITY
Any site containing transmitting antenna(s), including personal wireless service facilities and amateur stations, other than satellite dish antenna(s) less than one meter in maximum diameter in a residential district or two meters in maximum diameter in a nonresidential district, that does not produce or contribute to the production of emission levels exceeding the thresholds listed in Table IV[2] or any subsequent superseding emission standard adopted by the Federal Communications Commission, based on the maximum equipment output.
COMPREHENSIVE DEVELOPMENT PLAN; SKETCH PLAN
A plan for the development of land in a Planned Development District, a Planned Unit Development District or an Urban Renewal District which provides the information required by and conforms to the requirements set forth in the applicable district regulations.
CONDOMINIUM DWELLING
An individually owned dwelling unit within a condominium as defined by the New York State Condominium Act.
[3]
CONFERENCE CENTER
A building or buildings designed for classes, conferences, seminars, meetings, expositions and similar activities and related accessory uses for the exclusive use of conference center patrons, such as restaurants, drinking facilities, overnight lodgings and recreation facilities.
[Amended 4-22-2015 by L.L. No. 3-2015]
CONTINUING CARE RETIREMENT COMMUNITY
A senior housing facility operating pursuant to New York State Public Health Law Article 46 and having a Certificate of Authority as a Continuing Care Retirement Community.
[Added 12-21-1999 by L.L. No. 7-2015]
COOPERATIVE DWELLING
A residence in a building or group of buildings which is owned and operated by a corporation, which corporation is operated for the benefit of persons or families who are entitled to occupancy of the individual dwelling units by reason of ownership of stock in the corporation.
COURT, INNER
An uncovered open space enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowed.
COURT, OUTER
An open space enclosed on three sides by exterior walls of a building with one side or end open to a street, driveway, alley or yard.
COURT, OUTER, DEPTH OF
The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
COURT, OUTER, WIDTH OF
The linear dimensions of the unenclosed side of the court.
COVERAGE
That percentage of the plot or lot area covered by the building area.
DAY-CARE CENTER
A facility licensed or authorized and regulated by the State of New York Department of Social Services, Department of Health or other state agency having jurisdiction where care is provided for three or more persons, whether children or adults, away from their own homes for less than 24 hours per day in a facility which is operated for such purposes, for more than five hours per week. The term "day-care center" shall include, without limitation, qualifying facilities that provide adult day health care or child day care.
[Amended 10-8-1997 by L.L. No. 10-1997]
DECK
An uncovered structure constructed of wood, metal or masonry forming a platform projecting out from the wall or walls of a building, or freestanding, that is not a terrace. Any such structure with a roof or awning shall be considered a porch.
[Added 7-8-1987 by L.L. No. 3-1987]
DINER
Any premises where food, prepared on the premises, is commercially sold primarily for on-premises consumption to patrons where 50% of said patrons are seated at counters rather than at tables.
DIRECT-TO-HOME SATELLITE SERVICE PROVIDER
A person who transmits, broadcasts, sells or distributes direct-to-home satellite service.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
DIRECT-TO-HOME SATELLITE SERVICES
The distribution or broadcasting of programming or services by satellite directly to the subscribers premises without the use of ground receiving or distribution equipment, except at the subscribers' premises or in the uplink process to the satellite.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
DORMITORY
A building or portion thereof containing sleeping accommodations on the same site as in conjunction with a school, college or conference facility.
DWELLING, MULTIPLE
A detached building, or portion thereof, containing three or more dwelling units.
DWELLING, ROW OR ATTACHED
See "townhouse."
DWELLING, SINGLE-FAMILY
A detached building containing not more than one dwelling unit and not having more than one kitchen or one kitchenette.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family. (NOTE: The terms "dwelling," "one-family dwelling," "multifamily dwelling" or "dwelling unit" shall not be deemed to include a hotel, motel, automobile court, tourist home, furnished rooming house, dormitory, boarding home, convalescent home, rest home, nursing home or other accommodation used for transient occupancy.)
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing Monopole or Antenna Tower that does not substantially change the physical dimensions of such Monopole or Antenna Tower as defined herein and in accordance with 47 CFR 1.40001(b)(7), involving i) collocation of new transmission equipment; ii) removal of transmission equipment; or iii) replacement of transmission equipment.
[Added 5-24-2019 by L.L. No. 2-2019]
EXCHANGE ACCESS
The offering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
FALLOUT SHELTER
A facility for the protection from radioactive particles resulting from nuclear explosion and descending through the atmosphere.
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic employees, not related by blood, marriage or adoption or guardianship shall not be considered to constitute a family. Where two or more people are related to one another, they shall constitute one person for the purposes of this definition. Customary domestic employees are considered an adjunct to the term "family." A maximum of three such employees may be associated with each family.
FARM
A property of at least five acres where general farming, truck gardening, nurseries, greenhouses and similar projects and activities are carried on for gain or profit, but where neither animals nor poultry are maintained except for the use of occupants of the property; also, land under cultivation on which no building exists. This definition does not include the raising of fur-bearing animals, livery or boarding stables, kennels, abattoirs and piggeries.
FIRST FLOOR OR STORY
The ground or lowest story of a building entirely above the level of the ground around the building.
FLAG LOT
A lot having the required frontage that does not have the minimum required lot width, measured across the street right-of-way line or across a straight line measured at a point distant from the street right-of-way line, the same distance as the required front yard, but having the required lot width measured at a point somewhere in the interior of the lot.
[Added 10-11-1989 by L.L. No. 1-1989]
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land from:
A. 
The overflow of inland waters; or
B. 
The unusual and rapid accumulation of surface waters from any source.
FLOOD HAZARD AREAS
Land areas in the Town of Greenburgh which are:
A. 
Areas subject to flooding due to a base flood;
B. 
Delineated on the Flood Hazard Area Map of the Town of Greenburgh; or
C. 
So designated by the Federal Insurance Administrator.
FLOOR AREA, GROSS (MULTIFAMILY AND NONRESIDENTIAL)
The sum of the horizontal area of all stories of a building, measured from the exterior faces of exterior walls, or, in the case of a common wall separating two buildings, from the center line of such common walls, but excluding unenclosed porches, porticoes, balconies, raised platforms, roof overhangs, gutters and chimneys, and nonhabitable space in a basement devoted to mechanical equipment, accessory storage, parking and/or loading.
[Added 6-11-2003 by L.L. No. 5-2003]
FLOOR AREA, GROSS (ONE-FAMILY RESIDENTIAL)
For all one-family dwellings, the sum of the horizontal area of all stories of a building, measured from the exterior faces of exterior walls. Any interior space with a floor-to-ceiling height in excess of 16 feet shall be counted twice. In calculating the gross floor area of a one-family dwelling, and for the purpose of calculating floor area ratio (FAR), the following shall be excluded: half-stories; decks; patios; unenclosed porches, porticoes, balconies and raised platforms; roof overhangs; gutters; chimneys; minor accessory structures; and basements in which the surface of the floor above such basement is less than six feet above the average finished grade of the ground adjoining the building. For all one-family dwellings meeting additional yard requirements set forth in this chapter on lots 80,000 square feet or greater in the R-20, R-30 and R-40 One-Family Residence Districts, the gross floor area shall be the sum of the horizontal area of all stories of a building, measured from the exterior faces of exterior walls. Any interior space with a floor-to-ceiling height in excess of 20 feet shall be counted twice. In calculating the gross floor area and for the purpose of calculating floor area ratio (FAR), the following shall be excluded: half-stories; decks; patios; unenclosed porches, porticoes, balconies and raised platforms; roof overhangs; gutters; chimneys; minor accessory structures; and basements in which the surface of the floor above such basement is less than eight feet above the average finished grade of the ground adjoining the building.
[Added 6-11-2003 by L.L. No. 5-2003; amended 5-22-2013 by L.L. No. 2-2013; 11-8-2017 by L.L. No. 6-2017]
FLOOR AREA, LIVABLE
All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, heater rooms and basements having a window area of less than 12% 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 seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.
[Amended 5-22-2013 by L.L. No. 2-2013]
FLOOR AREA RATIO (FAR)
The gross floor area divided by the lot area.
[Amended 6-11-2003 by L.L. No. 5-2003]
FREESTANDING BUILDING
A structure occupying a building lot, containing not more than two commercial establishments.
FRESHWATER WETLAND
Land and water of the Town of Greenburgh as shown on a Freshwater Wetland Map of the Town of Greenburgh and filed with the Town Clerk of the Town of Greenburgh by the New York State Department of Environmental Conservation pursuant to § 24-0301 of the Environmental Conservation Law.
GARAGE, PRIVATE
An accessory building, or part of a main or principal building, used only for the permitted storage of motor vehicles as an accessory use for the occupant's private use.
GARAGE, PUBLIC
A building, or part thereof, used for the storage, care or minor repair of motor vehicles as a business, including the sale of new or used automobile accessories and supplies, or where automobiles are kept for hire. It shall not include the painting of motor vehicles by any means.
GARAGE, STORAGE
A building, or part thereof, used for the storage of automobiles, trucks, buses or other motorized machinery as a principal or accessory use.
GARDEN APARTMENTS
A multiple dwelling, other than a group of townhouses, that is not more than 2 1/2 stories in height and in which not more than four units share a common entrance.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of automotive fuel, related petroleum products and other motor vehicle accessories and which may or may not include facilities for washing, lubricating or otherwise servicing motor vehicles, but not including the painting thereof by any means.
[Amended 11-12-1997 by L.L. No. 11-1997]
GASOLINE STATION CONVENIENCE STORE
An area in the principal building of a gasoline service station dedicated to the sale of prepackaged foods, unpackaged baked goods available by self-service means only, sundries and convenience items as an accessory use to gasoline service stations. The maximum gross floor area for a gas station convenience store shall be 800 square feet unless permitted by special permit issued by the Town Board pursuant to § 285-36O of this chapter. Gasoline station convenience stores shall only be allowed as an accessory use to a gasoline service station as provided for in § 285-36 of this chapter and in Chapter 370 of the Code of the Town of Greenburgh, entitled "Gasoline Service Stations."
[Added 11-12-1997 by L.L. No. 11-1997]
GRADE, FINISHED
A reference plane representing the average of the finished ground level adjoining the building at all 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 structure and a point six feet from the building.
[Amended 5-22-2013 by L.L. No. 2-2013]
HEIGHT
The vertical distance to the level of the highest point of the roof for flat or mansard roofs, or to the mean height between the eave and the ridge for other types of roofs, measured at the center of the front wall of the building from the average level of the finished ground surface across the front of the building or from the average level of the finished ground surface adjacent to the exterior walls of the building, whichever is lower. Where the finished ground surface is made by filling, the level of such finished ground surface for the purpose of this definition shall not be deemed to be more than 10 feet above or below the established grade of the curb of the street which the building faces; or, if there is no curb, the established grade of the center of the street which the building faces. For all one-family dwellings meeting additional yard requirements set forth in this chapter on lots 80,000 square feet or greater in the R-20, R-30 and R-40 One-Family Residence Districts, the height shall be measured as the vertical distance to the mean height between the eaves and the ridges, measured across the entire roofline from the finished grade. Chimneys, elevator penthouses, tanks and similar projections located on any building other than an office or agency for scientific research or technical development or on a laboratory shall not be included in such measurements, provided that such projection does not occupy more than 15% of the roof area, and further provided that such projection does not exceed 15 feet in height. Chimneys, elevator penthouses, tanks and similar projections located on an office or agency for scientific research or technical development or on a laboratory shall not be included in such measurements, provided that such projection does not occupy more than 80% of the roof area, and further provided that such projection does not exceed 30 feet in height. Notwithstanding the above, in the case of residential buildings on sloping sites limited to 2 1/2 stories (where basements do not constitute a story as defined below), the finished grade of a building shall be measured from one foot below the first floor elevation; provided, however, that the height of the highest wall, measured from the average grade along that wall to the lowest point of the eave or lower edge of the roof, shall not exceed 33 feet.
[Amended 7-8-1987 by L.L. No. 3-1986; 11-9-1994 by L.L. No. 9-1994; 5-22-2013 by L.L. No. 2-2013]
HIGHER EDUCATION
Any public or nonprofit educational institution of higher learning accredited by New York State, including colleges, universities and professional schools, both public and private. Higher education institutions are those granting academic degrees and requiring at least a high school diploma or equivalent general academic training for admission; junior colleges and technical institutes requiring at least a high school diploma or equivalent general academic training for admission and granting associate academic degrees, certificates or diplomas.
[Added 4-22-2015 by L.L. No. 3-2015]
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling and carried on only by the residents thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use, other than a permitted nameplate, and does not involve merchandising, trade, commercial repair or service, manufacturing or processing or the exchanging of commodities by sale. Any business enterprise or activity which shall require a license of the county or state shall be deemed not to be a home occupation.
HOSPITAL
A building used for diagnosis, treatment and care of human ailments, licensed or approved by the New York State Department of Health.
HOTEL
Any building or portion thereof containing 10 or more rooms that are used, rented or hired out to be occupied for transient sleeping purposes for compensation, whether the compensation is paid directly or indirectly. No such rooms shall contain an individual kitchen or cooking facilities. A "motel," "automobile court" and "tourist home" shall all be deemed to be a hotel.
HOUSING, AFFORDABLE
Dwelling units constructed for families whose annual income does not exceed 80% of the actual Westchester County median income (not capped), as defined and periodically updated by the United States Department of Housing and Urban Development, and the annual rental cost of which does not exceed 30% of said income or, for homeowners, the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, does not exceed 30% of said income.
[Added 9-11-1996 by L.L. No. 9-1996]
HOUSING, PUBLIC
Dwelling units constructed, developed, owned or operated by or under the effective control of the Greenburgh Housing Authority or other public housing authority, with financial or other assistance from federal, state or other governmental agencies, in the interest of people of limited means.
[Added 9-11-1996 by L.L. No. 9-1996]
HOUSING, WORKFORCE
"Housing, Affordable" as defined in this section except there shall be an additional requirement that the annual gross household income shall not be less than 30% of the actual Westchester County Area median income (not capped), as defined and periodically updated by the United States Department of Housing and Urban Development.
[Added 12-18-2008 by L.L. No. 8-2008]
ICE CREAM STANDS
A business enterprise primarily engaged in selling ice cream, frozen custard or other frozen ices for consumption either on or near the premises. Take-home packages may also be provided. See also "incidental dining," "restaurant" and "quick-service eating and drinking establishments."
[Amended 3-8-2000 by L.L. No. 2-2000]
IMPERVIOUS SURFACES, GROSS COVERAGE
The sum of the horizontal area of coverage or footprint of all buildings, structures, paved areas, patios and other improved surfaces on a lot preventing natural runoff to percolate into the soil, measured in square feet. Areas paved with gravel, crushed stone and other materials used to support vehicles shall be considered impervious surfaces for the purposes of this chapter. Swimming pools and tennis courts that are unenclosed shall not be considered impervious surfaces for the purposes of this chapter.
[Added 7-8-1987 by L.L. No. 3-1987]
IN-BUILDING RADIATION SYSTEMS
Supplementary systems comprising low-power transmitters, receivers, indoor antennas and/or leaky coaxial cable radiators, designed to improve service reliability inside buildings or structures located within the service areas of stations in the public mobile services.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
INCIDENTAL DINING
Any bakery, pizzeria, delicatessen or ice cream stand, where such use is the primary principal use of the building, may offer accessory seating for a maximum of eight persons for on-site consumption of food, whether provided inside or outside of the building structure, exempt from zoning provisions for off-street parking required for restaurants or quick-service establishments, provided that any such bakery, pizzeria, delicatessen or ice cream stand shall first secure a special permit from the Planning Board. This definition shall not include establishments that otherwise qualify as restaurants, quick-service or fast-food establishments, gasoline convenience stores, supermarkets or grocery stores.
[Added 3-8-2000 by L.L. No. 2-2000; amended 4-11-2018 by L.L. No. 4-2018]
INDEPENDENT LIVING FACILITY
Handicapped-adaptable individual or multifamily dwelling units with individual kitchens and bathrooms where, because of age and either disability or infirmity of the residents, the following services are provided to residents within the dwelling unit or in common facilities on site: dining, laundry, security and housekeeping.
[Added 10-14-1992 by L.L. No. 6-1992; amended 9-8-1994 by L.L. No. 7-1994]
JUNKYARD
The use of more than 200 square feet of the area of any lot, whether inside or outside of a building, or the use of any portion of that half of any lot that adjoins any street for the storage, keeping, abandonment or sale of wastepaper, rags, garbage, litter, refuse, rubbish, waste, discard scrap metals or other dismantling or abandonment of automobiles or other vehicles or machinery, or parts thereof, or the processing of such materials in any way.
KENNEL
A use or building in which the principal activity is the keeping, raising, breeding or boarding of dogs or cats or other animals which may be considered household pets. For the purpose of this chapter, any such activity, excluding boarding, shall not be considered a kennel where accessory to a principal residential use, provided that not more than three animals exceeding six months of age are kept.
KITCHEN
A space of 60 square feet or more in total area in a residence designed and equipped for the cooking or preparation of food.
KITCHENETTE
Any space in a residence designed and equipped for the cooking or preparation of food which is not defined as a kitchen.
LENGTH OF BUILDING
The horizontal distance between the vertical planes of the furthermost faces or edges of such building measured along or parallel to the axis of its greatest dimension.
LIMITED MULTIFAMILY RESIDENCES
Two-Family, Townhouse and Garden Apartments.
[Added 11-14-2018 by L.L. No. 12-2018]
LOADING UNIT
Off-street space available for loading or unloading goods, which space shall be not less than 15 feet wide, 45 feet long and 14 feet in clear height and shall comply with the requirements of § 285-38F of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
LOT AREA
The total horizontal area included within the lot boundaries, excluding any area within any private or paper street and limited by the requirements set forth in § 285-9B of this chapter. In measuring lot area in a flag lot, lot area shall include the horizontal area included within the lot boundaries but shall not include the horizontal area constituting the access strip.
[Amended 10-11-1989 by L.L. No. 1-1989]
LOT, BUILDABLE
A legally created plot, land or parcel of land not divided by streets, occupied, unoccupied or to be occupied by a building and its accessory buildings, or by a dwelling or group of dwellings and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, containing not less than the minimum area required by this chapter for a lot in a district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition to the issuance of a building permit for a building on such land. Street right-of-way boundary lines shall be considered lot lines.
[Amended 7-8-1987 by L.L. No. 3-1987]
LOT, CORNER
A lot at the junction of or abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135º.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines at each side of the lot.
[Amended 7-8-1987 by L.L. No. 3-1987]
LOT FRONTAGE
That portion of the lot abutting the street line.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE, FRONT
Considered to be the boundary of the lot along the principal street on which the lot abuts and which provides access to the lot. In the case of a lot having less than the minimum lot width, the front lot line shall be deemed to be that which is closest to being parallel to the street which provides access. In the case of flag lots, the front lot line shall be deemed to be a straight line parallel to the street equal to or greater in length than the minimum lot width drawn between and connecting the two side lot lines. In the case of flag lots, the required front yard shall be measured from the front lot line as determined above.
[Amended 7-8-1987 by L.L. No. 3-1987; 10-11-1989 by L.L. No. 1-1989]
LOT LINE, REAR
Considered to be the boundary opposite the front line, but should this be less than 10 feet in length or should the lot come to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front line.
LOT LINE, SIDE
Considered to be the lines separating the lot from the immediately adjacent lots on both sides, facing on the same street and extending from the front lot line to the rear lot line.
LOT, THROUGH
A lot which is not a corner lot and which has two street lines.
LOT WIDTH
The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the street right-of-way line or across the required front yard line parallel to the street. In the case of lots fronting on a cul-de-sac or on a curve, the required lot width shall be measured at a line parallel to the chord of the arc of the cul-de-sac or curve right-of-way boundary line.
[Amended 7-8-1987 by L.L. No. 3-1987; 10-11-1989 by L.L. No. 1-1989]
LUNCH COUNTER or LUNCH STAND
A facility within an office or research building in which food and/or beverages are sold at retail for consumption at the facility or building, but not including a quick-service or fast-food establishment.
MACROCELL
A system of up to three sets of three adjacent base station cellular service antennas.
[Added 3-24-1999 by L.L. No. 3-1999]
MANUFACTURING
Any process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled.
MASSAGE
Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the body, flesh or musculature with the hands or with the aid of any mechanical electrical apparatus or appliance, with or without such supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, lotions, ointments, or other similar preparations, for therapeutic, rehabilitative, relaxation or other purposes.
[Added 11-9-2015 by L.L. No. 14-2015]
MASSAGE ESTABLISHMENT
Any establishment, other than a massage parlor, having a fixed place of business where massages are administered for pay only by duly licensed massage therapists. This definition shall not be construed to include any establishment or a solo practitioner licensed massage therapist listed as exempt from the licensing requirements of Chapter 375 pursuant to § 375-5 of the Code of the Town of Greenburgh.
[Added 11-9-2015 by L.L. No. 14-2015]
MASSAGE PARLOR
Any establishment or business, by whatever name called, where massages are administered by one or more unlicensed massage practitioners who are required to be licensed to perform such massages. This definition shall not be construed to include any establishment listed as exempt from the licensing requirements of Chapter 375 pursuant to § 375-5 of the Code of the Town of Greenburgh. Massage parlors are prohibited in every zoning district in the Town.
[Added 11-9-2015 by L.L. No. 14-2015]
MASSAGE PRACTITIONER
Any individual who engages in the practice of massage.
[Added 11-9-2015 by L.L. No. 14-2015]
MEMBERSHIP CLUB
An association of persons for recreational, athletic, social, literary or similar activities, which association is not conducted for the purpose of pecuniary gain or profit and is organized pursuant to the provisions of the Not-for-Profit Corporation or the Benevolent Order Laws of the State of New York and is not a part of, related to or associated with a profit-making venture and which is managed by officers or directors serving without pay and chosen directly by members who form such association.
MICRODISTILLERY
A distillery producing less than 75,000 gallons of liquor per year, as defined and regulated by Article 5 of the New York State Alcoholic Beverage Control Law.
[Added 5-23-2018 by L.L. No. 6-2018]
MICROWINERY
A winery producing less than 75,000 gallons of wine or mead per year, as defined and regulated by Article 5 of the New York State Alcoholic Beverage Control Law.
[Added 5-23-2018 by L.L. No. 6-2018]
MOBILE HOME
Any vehicle or similar portable structure as specified in Mobile Home Construction and Installation Standards (Article 19-AA of the Executive Law of New York State),[4] with or without a foundation or wheels, jacks, skirtings or wood or masonry block supports, designed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall also include the terms "house trailer" and "trailer."
MOBILE SERVICE
A radiocommunication service between mobile and land stations, or between mobile stations.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
MOBILE STATION
A station in the mobile service intended to be used while in motion or during halts at unspecified points.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
MONOPOLE
Any freestanding pole greater than 12 feet in height in a residential district and 25 feet in height in a nonresidential district upon which an antenna is or has been located.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
MOTOR VEHICLE SALES LOT
Any place outside a building where two or more motor vehicles in operating condition are offered for sale or are displayed for sale or hire.
MOTOR VEHICLE SALES USE
The sale or display for sale or hire of two or more motor vehicles in operating condition in a fully enclosed structure, which may include an accessory motor vehicle repair facility.
[Amended 10-22-2014 by L.L. No. 2-2014]
MULTIPLE-USE DEVELOPMENT
A building or development in the Central Avenue Mixed-Use Impact (CA) District with a combination of permitted Type I, Type II, Type III or Type IV uses as limited in § 285-29.1B of the Central Avenue Mixed-Use Impact (CA) District, which development meets all requirements for such developments as set forth in said district.
NIER
Nonionizing electromagnetic radiation.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
NONCONFORMING BUILDING OR USE
In all districts except the Central Avenue Mixed-Use Impact (CA) District, a use, building, structure or other physical improvement, including parking areas, which does not conform to the regulations respecting permitted uses or coverages as set forth in this chapter for the district in which it is situated, but which lawfully existed prior to the enactment of a Zoning Ordinance or any revision or amendment thereto which would prohibit the use or physical improvements, and which is maintained after the effective date thereof although it does not conform to the use or other regulations of the district in which it is located. For the definition of a nonconforming building or use in the Central Avenue Mixed-Use Impact (CA) District, see § 285-29.1H of this chapter.[5]
[Amended 7-8-1987 by L.L. No. 3-1987]
NURSERY
An establishment where woody or herbaceous plants are grown for sale, including the sale of replanted plants grown at places other than the nursery, and including a stand for the sale of such merchandise.
NURSERY SCHOOL
A facility duly licensed or approved by the New York State Department of Education for the daytime accommodation and/or instruction of two or more children under the age of six years.
NURSING HOME or CONVALESCENT HOME
Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals and establishments licensed by the State Commissioner of Mental Hygiene and maternity homes licensed by the State Commissioner of Health.
PARKING AREA
An off-street area containing one or more parking spaces with aisles and driveways appurtenant thereto, but excluding accessways from parking areas to streets.
PARKING SPACE OR UNIT
The area required for the parking of one motor vehicle and complying to the requirements of § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
PATIO
An uncovered flat area at grade level, or a built-up platform of earth or other natural material, surfaced with flagstone, brick, tile, gravel, concrete or other similar materials. Any such area with a roof or awning shall be considered a porch. No patio shall be located within 10 feet of any lot line or within any required buffer area; the normal setbacks for structures shall not apply.
[Added 7-8-1987 by L.L. No. 3-1987]
PAVED
Paving of off-street parking areas and off-street loading areas for multifamily dwellings, nonresidential uses and uses accessory thereto shall be of bituminous asphalt, concrete, stone or brick pavers and not of gravel, crushed stone, dirt or other loose materials.
[Added 7-8-1987 by L.L. No. 3-1987]
PERMITTED USE
A use of a building or land or water permitted as of right by this chapter or by other statute or law.
PERSONAL COMMUNICATIONS SERVICES (PCS)
Any business providing services related to the body or physical appearance of a person, such as but not limited to barbershops, hair salons, nail salons, shoe repair shops, and similar businesses where the service is provided on the premises. Said business shall not include any massage establishment, massage parlor or any establishment defined as an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997; amended 11-9-2015 by L.L. No. 14-2015]
PERSONAL SERVICE ESTABLISHMENT
Any business providing services related to the body or physical appearance of a person, such as but not limited to barbershops, hair salons, nail salons, shoe repair shops, and similar businesses where the service is provided on the premises. Said business shall not include any massage establishment, massage parlor or any establishment defined as an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment.
[Added 9-25-2001 by L.L. No. 12-2001; 11-9-2015 by L.L. No. 14-2015]
PERSONAL SERVICE USE
Any use permitted in a personal service establishment.
[Added 11-9-2015 by L.L. No. 14-2015]
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular radiotelephone, specialized mobile radio system and personal communications services.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
PERSONAL WIRELESS SERVICE FACILITIES
Facilities for the provision of personal wireless services.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
PLANNED DEVELOPMENT DISTRICT (PD)
A nonresidential development, planned as a unit, consisting of office, commercial, warehousing and industrial uses and conforming to a comprehensive development plan approved by the Town Board in accordance with § 285-34 of this chapter.
PLANNED ECONOMIC DEVELOPMENT DISTRICT (PED)
A district created to permit flexibility in the design and development of planned sites containing a group of diverse uses, as well as promoting economic and efficient use of land, consistent with the preparation and adoption of a Land Use Plan for the entire PED site. The PED can be used to promote Research and Development (R&D) uses approved by the Town Board in accordance with § 285-28.1 of the Zoning Ordinance.
[Added 4-22-2015 by L.L. No. 3-2015]
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
A district permitting development, planned as a single unit, consisting of residential dwellings and related uses and facilities and conforming to a comprehensive development plan approved by the Town Board in accordance with § 285-24 of this chapter.
PLAYGROUNDS
Publicly owned and accessible space provided for active recreational activities for children and/or adults.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
PORCH
A roofed structure projecting out from the wall or walls of a principal structure and which may be open to the weather.
PROFESSIONAL OFFICE
An office for a person who practices an occupation in which some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interests or welfare in the practice of an art founded on such knowledge. The word "professional" implies attainments in knowledge, as distinguished from mere skill, and the application of such knowledge to serve others. A professional license issued by the State of New York or validated membership in a national professional organization may be considered sufficient, but not necessary, to establish the status of a professional person.
[6]
PUBLIC MOBILE SERVICES
Radio services in which common carriers are authorized to offer and provide mobile and related fixed radio telecommunications services for hire to the public.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
PUBLIC PARK
All municipally owned areas used for recreational purposes, including, but not limited to, playgrounds, athletic fields, court areas, swimming pools, picnic facilities, nature preserves and other recreational facilities, including lands under water, open spaces, paths, parking areas, interior roads, entrances, exits and parts thereof which are contained on such land.
[Added 3-24-1999 by L.L. No. 3-1999]
PUBLIC UTILITY
Any person, firm, corporation or governmental agency, duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage treatment, steam or communications service. This definition shall not bestow any special status or standing not already provided by state or federal law.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
QUICK-SERVICE OR FAST-FOOD ESTABLISHMENT
An eating or drinking establishment, excluding bakeries, pizzerias and delicatessens, where the majority of service is available from a counter-type installation, from which quickly prepared or prepared foods are taken away by the customer, whether or not interior seating facilities are provided. (See also "restaurant.")
[Amended 7-8-1987 by L.L. No. 3-1987]
RADIOCOMMUNICATION
Any telecommunications by means of hertzian waves.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
RADIODETERMINATION
The determination of position, or the obtaining of information relating to position, by means of the propagation of radio waves.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
RADIOLOCATION
Radiodetermination used for purposes other than those of radionavigation.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
RADIONAVIGATION
Radiodetermination used for the purposes of navigation, including obstruction warning.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
RECREATIONAL VEHICLE
A transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck, of such size and weight as not to require any special highway movement permits and primarily designed or constructed to provide temporary movable living quarters for recreational, camping or travel use, or to carry such equipment (but not for profit or commercial use). This shall include but is not limited to trailers; trailer coaches; camping trailers; motor homes; pickup (slide-in) campers; chassis mounts; converted vans; chopped vans; mini motor homes; fifth-wheel trailers of recreational vehicle construction, design and intent, as opposed to commercial fifth-wheel trailers; boats and snowmobile trailers, with and without boats mounted thereon; and truck caps. The term "recreational vehicle" does not include the term "automobile."
[7]
RESEARCH AND DEVELOPMENT (R&D)
Industries, organizations or institutions actively involved in scientific research, education, product development and related services based in the life, physical, chemical and electronic services; and uses include but are not limited to R&D, office, public and private higher education and training facilities, corporate meeting and conference centers (when developed with R&D uses), alternative energy generation facilities, light manufacturing, teaching hospitals, laboratories, libraries, data processing, data storage, publication, and related facilities in connection with such uses as well as accessory uses defined in § 285-28.1C(3) herein.
[Added 4-22-2015 by L.L. No. 3-2015]
RESTAURANT
Any premises where food is commercially sold primarily for on-premises consumption to patrons seated at tables and served by a waiter or waitress. Any facility making use of carhop or parking lot service to cars, or for the consumption of food to be eaten in said cars or outdoors, shall not be considered a restaurant for the purposes of this chapter and shall be deemed to be a quick-service or fast-food establishment. Bakeries, pizzerias and delicatessens where food is commercially sold for any on-premises consumption, regardless of whether served by a waiter or waitress or whether service is available from a counter-type installation, shall be considered restaurants for the purposes of this chapter, with the exception of establishments with an incidental dining special permit, otherwise they shall be treated as retail sales establishments for the purposes of this chapter.
[Amended 7-8-1987 by L.L. No. 3-1987; 3-8-2000 by L.L. No. 2-2000]
ROOMER or BOARDER
Any person living or residing within the household of any family, as defined in this section, who provides consideration for such residence, except customary domestic employees who perform services within the household as their principal employment. This definition shall not include nor be deemed to include a parent, son, daughter, grandparent, grandchild, brother or sister. The keeping of roomers and/or boarders shall not be considered an accessory use or home occupation and shall be permitted only by special permit where specifically allowed in this chapter. At any hearing or proceeding relative to this chapter, the burden of proof of establishing relationship or status as a customary domestic employee shall be on the property owner or the party asserting such relationship or status and shall be by a fair preponderance of the evidence.[8]
[Added 1-22-1986]
SCHOOL
A public, private, religious or sectarian facility and its contiguous grounds duly accredited by the State of New York for the accommodation and/or instruction of students, including nursery, primary and secondary institutions.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
SELF-STORAGE
A building or group of buildings divided into separate fully enclosed units or compartments and used to meet the storage needs of businesses and residential users.
[Added 10-25-2017 by L.L. No. 5-2017]
SHED
A detached accessory building in residential districts, not including garages, that is used for the storage of tools, garden equipment, play equipment or domestic supplies.
[Added 12-20-1994 by L.L. No. 12-1994]
SHOPPING CENTER, UNIFIED
A structure or group of structures, planned as a whole, occupying a building lot and containing three or more commercial/Type II uses as set forth in § 285-29.1B of this chapter. No more than 80% of allowable FAR shall be assigned to any individual use, and all uses shall be separated by interior fire-rated partitions. Separate exterior entrances shall be required. Interior passage between uses shall be limited to one six-foot-wide opening with fire-rated door(s).
[Amended 6-22-1993]
SIGN
Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag, symbol or representation which is in the nature of or which is used as an announcement, identification, direction or advertisement for commercial purposes or otherwise. A sign does not include the flag or insignia of any nation or group of nations or of any governmental agency. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing. All signs shall comply with the regulations of Chapter 240 of the Town Code.
SITE PLAN
A plan which shows the proposed development and use of land and/or structures, consisting of a map and all necessary supporting material demonstrating compliance with all criteria, matters and items as established in Article VIII of this chapter.
SLOPE
Any area, whether or not located on a single lot, having a topographical gradient of 15% (the ratio of vertical distance to horizontal distance) or more and with a minimum area of 500 square feet, one dimension of which is a minimum of 10 feet. For purposes of this definition, area measurements must be made along a horizontal plane from within the boundaries of a lot.
[Added by 6-11-2003 by L.L. No. 6-2003]
A. 
A slope with a topographical gradient equal to or greater than 15% but less than 25%.
B. 
A slope with a topographical gradient equal to or greater than 25%, but less than 35%.
C. 
A slope with a topographical gradient equal to or greater than 35%.
SPECIALIZED MOBILE RADIO SYSTEM
A radio system in which licensees provide land mobile communications services (other than radiolocation services) in the 800 MHz and 900 MHz bands on a commercial basis to entities eligible to be licensed under 47 CFR 90, Federal Government entities and individuals.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
SPECIAL PERMIT USE
A use within a district which possesses unique and special characteristics so as to require special conditions in addition to the general conditions and shall be subject to the issuance of a special permit by the Town Board, Planning Board or Zoning Board of Appeals in accordance with the applicable provisions of this chapter.
SPECIFIED ANATOMICAL AREAS
Include the following area or areas of the human body if it is or they are less than completely or opaquely concealed:
[Added 1-10-2001 by L.L. No. 1-2001]
A. 
Human genitals and/or pubic region;
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely concealed;
C. 
Human buttock and/or anus; or
D. 
Female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES
For the purpose of defining adult establishment, specified sexual activities are:
[Added 1-10-2001 by L.L. No. 1-2001]
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Actual or simulated acts of human masturbation, sexual intercourse or sodomy;
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; or
D. 
Actual or simulated acts of sodomy or intercourse between a human and an animal or animals.
STABLE
A building designed for keeping horses, whether for private use or for hire, remuneration or sale.
STORY
That portion of a building or parking structure included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the top of the ceiling beams above it. A basement shall be counted as a story where the finished floor immediately above is more than six feet above the average elevation of the finished grade, or if it is used for business or industrial purposes other than for storage, or if it is used for multifamily residential purposes by a person(s) other than a janitor or watchman. Parking levels below a building or parking structure shall be counted as a story where the finished floor immediately above, whether of a building or parking level, is more than six feet above the average elevation of the finished grade.
[Amended 7-8-1987 by L.L. No. 3-1987; 5-22-2013 by L.L. No. 2-2013]
STORY, HALF
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story and where no more than 50% of the floor area has a ceiling height of at least seven feet six inches.
STREET
A public or private thoroughfare, however designated, which affords legal access to abutting property. A paper street shall not be deemed to afford legal access.
[Amended 7-8-1987 by L.L. No. 3-1987]
A. 
Anything which is constructed or erected which requires a location on the land or attachment to something having such location, including but not limited to the following:
(1) 
Signs or billboards.
(2) 
Fences over six feet in height in a front or side yard and fences over eight feet in height in a rear yard.
(3) 
Walls other than those less than four feet high.
(4) 
Antenna(s), except functional receive-only antenna(s) having a net exposure less than two square feet in the vertical plane and no dimension in the horizontal or vertical plane that exceeds 96 inches, attached directly to a masonry chimney, penthouse or rooftop mechanical appurtenance on a pole no longer than eight feet in length. For the purpose of this chapter, a functional satellite dish antenna having a maximum diameter no greater than 18 inches that does not exceed the maximum permissible exposure limits in Table VI[9] shall not be considered a structure.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997; 3-24-1999 by L.L. No. 3-1999]
(5) 
Pergolas, porches, patios, decks, outdoor bins, tool sheds, carports, equipment and storage buildings or sheds, swimming pools, swimming pool filter pads, tennis courts, doghouses or sheds.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(6) 
Tents, lunch wagons, trailers, dining cars or similar structures on wheels or other supports used for business or living purposes.
B. 
A building permit shall be required prior to the construction or erection of any structure.
C. 
All buildings are structures. For the purposes of setback requirements, classification of buildings as "principal" or "accessory" shall be controlling.
STRUCTURED PARKING
A parking structure for motor vehicles that is below grade, below a building or consisting of two or more levels. A structure that is accessory to a one-family or two-family residence is a private garage and is not included as structured parking.
[Added 4-22-2015 by L.L. No. 3-2015]
STRUCTURE, MINOR ACCESSORY
A building no larger than 150 square feet in area and no more than 10 feet in height, and customarily found accessory to dwelling units, including playhouses, tree houses, storage sheds, and greenhouses.
[Added 6-11-2003 by L.L. No. 5-2003]
STRUCTURE, TEMPORARY
One erected, constructed or placed upon the premises, to exist there for a brief or temporary duration of time, not exceeding one year. All other structures shall be deemed and considered permanent for the purpose of this chapter.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
A modification to an existing Monopole or Antenna Tower substantially changes the physical dimensions of a Monopole or Antenna Tower if it meets any of the following criteria:
[Added 5-24-2019 by L.L. No. 2-2019]
A. 
For Monopoles or Antenna Towers outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for Monopoles in the rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;
B. 
For Monopoles or Antenna Towers outside the public rights-of-way, it protrudes from the edge of the facility by more than 20 feet, or more than the width of the Monopole or Antenna Tower structures at the level of the appurtenance, whichever is greater; for Monopoles in the public rights-of-way, it protrudes from the edge of the structure by more than six feet;
C. 
It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
D. 
It entails any excavation of deployment outside the current site of the Monopole or Antenna Tower; or
E. 
It does not comply with conditions associated with prior approval of construction or modification of the Monopole or Antenna Tower unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.
SUITABLE OPEN SPACE
A portion of the ground area of a lot which is available and accessible to all occupants of a dwelling unit, or dwelling units on said lot for outdoor recreation use, which area is not devoted to driveways, parking areas or required yard areas and does not consist of more than 25% of impermeable surface, is at least 25 feet in minimum dimension and has no more than 10% of its area with a grade of more than 5%.
SWIMMING POOL
An outdoor water pool which is intended to be used for swimming or bathing. 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 24 inches or having a plane surface area of water greater than 100 square feet. This definition includes in-ground as well as aboveground swimming pools.
TEACHING HOSPITAL
A hospital that is affiliated with a medical school that provides clinical education and training to future and current physicians, nurses, and other health professionals, in addition to delivering medical care to patients.
[Added 4-22-2015 by L.L. No. 3-2015]
TELECOMMUNICATIONS
The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
TELECOMMUNICATIONS EQUIPMENT
Equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, including software integral to such equipment (including upgrades).
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
TELECOMMUNICATIONS SERVICE
The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
TELEPHONE EXCHANGE
A building erected or used exclusively for telephone, telegraph, data transmission, radio, district messenger, fire and burglar alarm central systems and similar central station systems; and telephone systems not connected to a central station system but using similar types of equipment, methods of installation and maintenance.
TERRACE
An uncovered flat platform of earth or other natural material, surfaced with grass, flowers, bushes or other landscaping, with or without retaining walls. Any such platform with a roof or awning shall be considered a porch.
[Amended 7-8-1987 by L.L. No. 3-1987]
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, separated from other units by a ground-to-roof party wall or walls.
TRAILER CAMP or MOBILE HOME PARK
A lot, parcel or tract of land on which more than two trailers or mobile homes are located or parked for occupancy, regardless of whether or not a charge is made for such accommodation.
TRAINING FACILITIES FOR PROFESSIONAL ATHLETIC ORGANIZATIONS
A sports facility operated by a professional athletic organization principally, but not exclusively, for the training and competition of professional athletes and prospective professional athletes, with related incidental uses.
[Added 10-2-2001 by L.L. No. 13-2001]
UNLICENSED WIRELESS SERVICE
The offering of telecommunications services using duly authorized devices which do not require individual licenses. The provision of direct-to-home satellite services, as defined in this chapter, is not incorporated into this definition.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, ACCESSORY
A use which is incidental and subordinate to the principal use on a lot and located on the same lot therewith.
WATERCOURSE
Any natural or artificial, intermittent, seasonal or permanent, and public or private water body or water segment. A water body is intermittently, seasonally or permanently inundated with water and contains a discernible shoreline and includes ponds, lakes and reservoirs. A watercourse includes rivulets, brooks, creeks, streams, rivers and other waterways flowing in a definite channel with bed and banks and usually in a particular direction.
[Added 6-11-2003 by L.L. No. 6-2003]
WETLAND
All areas that comprise hydric soils and/or are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of hydrophytic vegetation as defined by the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory Technical Report Y-87-1). Wetland areas include vernal pools, wet meadows, marshes, swamps, bogs and similar wet areas.
[Added 6-11-2003 by L.L. No. 6-2003]
YARD
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for the certain features specified in § 285-40C of this chapter and except as otherwise permitted in this chapter, and from the ground downward. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn through the point of a building or the point of a group of buildings nearest to such lot line (exclusive of the respective features specified in § 285-40C of this chapter as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard respectively), and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
[Amended 7-8-1987 by L.L. No. 3-1987]
YARD, FRONT
An unoccupied area on the same lot with the building extending across the full width of the lot and lying between the front lot line of the lot and the nearest line of the building.
YARD LINE
A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
YARD, REAR
An unoccupied ground area on the same lot with the building extending across the full width of the lot and lying between the rear lot line of the lot and the nearest line of the building.
YARD, REQUIRED
Any yard measured between a line drawn parallel to a street or lot line at a distance equal to the respective yard dimension required by this chapter. No below-grade foundation, basement, garage or parking structure shall extend into any required yard, except that below-grade footings may encroach 12 inches into any required yard.
[Amended 7-8-1987 by L.L. No. 3-1987; 5-22-2013 by L.L. No. 2-2013]
YARD, SIDE
An unoccupied ground area on the same lot with the building extending between the side lot line of the lot and the nearest line of the building and extending from the front yard to the rear yard. In the absence of a front yard, the front line shall be substituted therefor, and in the absence of a rear yard, the rear lot line shall be substituted therefor.
[1]
Editor's Note: The former definition of "cellar," which immediately followed, was repealed 5-22-2013 by L.L. No. 2-2013.
[2]
Editor's Note: Table IV is included as an attachment to this chapter.
[3]
Editor's Note: See Real Property Law § 339-d et seq.
[4]
Editor's Note: Article 19-AA of the Executive Law was repealed L.1981, c. 707, § 12, effective 1-1-1984.
[5]
Editor's Note: The definition of "nonresidential district," as amended, which immediately followed this definition, was repealed 3-24-1999 by L.L. No. 3-1999.
[6]
Editor's Note: The former definition of "public housing," which immediately followed this definition, was repealed 9-11-1996 by L.L. No. 9-1996.
[7]
Editor's Note: The former definition of "residence or residential district," as amended, which immediately followed this definition, was repealed 3-24-1999 by L.L. No. 3-1999.
[8]
Editor's Note: The former definition of "satellite receiving antenna," as amended, which immediately followed this definition, was repealed 8-13-1996 by L.L. No. 7-1996 and 4-29-1997 by L.L. No. 6-1997.
[9]
Editor's Note: See now Table IV, which is included as an attachment to this chapter.