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:
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]
Any equipment serving or being used in conjunction with a
personal wireless service facility or wireless support structure.
The term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
and similar structures.
[Added 6-24-2020 by L.L.
No. 6-2020]
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]
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]
ADULT BOOKSTOREAn establishment, a substantial portion of which consists of stock-in-trade of any one or more of the following:
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
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.
ADULT EATING OR DRINKING ESTABLISHMENTAn establishment that regularly features any one or more of the following:
Live performances characterized by a depiction
of or emphasis on specified sexual activities or specified anatomical
areas;
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
Employees, agents or others who, as part of
their employment or services to the adult establishment, regularly
expose to patrons specified anatomical areas.
A theater that regularly features one or more
of the following:
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;
Live performances characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas.
Adult theaters shall include but not be limited
to commercial establishments where such materials or performances
are viewed from individual enclosures.
OTHER ADULT COMMERCIAL ESTABLISHMENTSFacilities, 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.
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.
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.
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]
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
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.
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:
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
Handicapped adaptable dwelling units in assisted living facilities,
continuing care retirement communities or in continuum of care facilities,
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. 7-2015l amended 10-14-2020 by L.L. No. 8-2020]
Any enclosed premises used for spectator presentations, such
as concerts, theatrical performances, lectures, meetings and similar
events.
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]
A cantilevered deck having no vertical support posts.
[Added 7-8-1987 by L.L. No. 3-1987]
The portion of a building that is partially or completely
below finished grade.
[Amended 5-22-2013 by L.L. No. 2-2013]
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]
An electronic system that protects energy storage systems
from operating outside their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions
are detected.
[Added 8-11-2021 by L.L. No. 5-2021]
One or more devices, augmented or assembled together, capable
of storing energy in batteries in order to supply electrical energy
at a future time, not to include a stand-alone twelve-volt car battery
or an electric motor vehicle. A Battery Energy Storage System is classified
as a Tier 1, Tier 2, or Tier 3 Battery Energy Storage System as follows:
[Added 8-11-2021 by L.L. No. 5-2021]
Tier 1 Battery Energy Storage Systems have an aggregate Battery
Energy Storage System Capacity less than or equal to 80 kWh.
Tier 2 Battery Energy Storage Systems have an aggregate energy
storage capacity greater than 80 kWh and less than or equal to 6,000
kWh in the One-Family Residence, CA, CB, DS, IB, LOB, OB, OB-1, and
UR (Neighborhood Shopping/Planned Commercial) Zoning Districts, or
greater than 80 kWh and less than or equal to 12,000 kWh in the GI,
LI, PD and PED Zoning Districts.
Tier 3 Battery Energy Storage Systems have an aggregate Battery
Energy Storage System Capacity 80MWh or less.
The rated stored energy content of a containerized system,
defined by the commissioning as performed by the project owner or
designated contractor, typically measured in kWh or MWh. The value
incorporates both:
[Added 8-11-2021 by L.L. No. 5-2021]
The combined square foot total of the Battery Energy Storage
System, including the cabinets and related fence or wall enclosure.
[Added 8-11-2021 by L.L. No. 5-2021]
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this law, batteries utilized in consumer products are excluded from
these requirements.
[Added 8-11-2021 by L.L. No. 5-2021]
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.
Land not used for any purpose except to separate two other
uses.
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]
Any structure intended for the shelter, housing or enclosure
of any person, animal, property or substance. Also see "structure."
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]
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]
A building in which is conducted the main or principal use
of the lot upon which it is located.
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.
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.
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.
A building or portion thereof used exclusively for washing,
cleaning and waxing automobiles.[1]
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
[Added 8-11-2021 by L.L. No. 5-2021]
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]
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]
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]
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]
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]
The mounting of one or more personal wireless service facilities,
including antennas, on a pre-existing structure, or modifying a structure
for the purpose of mounting or installing a personal wireless service
facility on that structure.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997; 6-24-2020 by L.L. No. 6-2020]
A systematic process that provides documented confirmation
that a Battery Energy Storage System functions according to the intended
design criteria and complies with applicable code requirements. The
commissioning shall define the Battery Energy Storage System Capacity
denoted throughout.
[Added 8-11-2021 by L.L. No. 5-2021]
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]
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.
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.
An individually owned dwelling unit within a condominium
as defined by the New York State Condominium Act.
[3]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]
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]
A residential facility that provides a combination of the
features and amenities of assisted living facilities and independent
living facilities, and provides residential units for each of those
levels of care within a single building; provided, however, that such
independent living facilities comprise at least 40% of the total number
of beds in such single building, but shall not exceed 60% of the total
number of beds in such single building.
[Added 10-14-2020 by L.L.
No. 8-2020]
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.
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.
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.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimensions of the unenclosed side of the court.
That percentage of the plot or lot area covered by the building
area.
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]
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]
A Town-owned pole that is specially designed and placed for
aesthetic purpose and on which no appurtenances or attachments, other
than a small wireless facility, lighting, or municipal attachments
have been placed or are permitted to be placed.
[Added 6-24-2020 by L.L.
No. 6-2020]
A Tier 2 Battery Energy Storage System building that is built
for the primary intention of housing Battery Energy Storage System
equipment, is classified as Group F-1 occupancy as defined in the
Uniform Code, and complies with the following:
[Added 8-11-2021 by L.L.
No. 5-2021]
The building shall only be permitted in the GI, LI PD or PED District, pursuant to the requirements of § 285-37.1D.
The building's only use is battery energy storage, energy generation,
and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Personnel in the rooms and areas containing Battery Energy Storage
Systems are limited to personnel that operate, maintain, service,
test, and repair the Battery Energy Storage System and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain Battery Energy Storage Systems,
provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
through areas containing Battery Energy Storage Systems or other energy
system equipment.
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.
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]
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]
A building or portion thereof containing sleeping accommodations
on the same site as in conjunction with a school, college or conference
facility.
A detached building, or portion thereof, containing three
or more dwelling units.
See "townhouse."
A detached building containing not more than one dwelling
unit and not having more than one kitchen or one kitchenette.
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.)
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 l.6100(b)(7), involving i) collocation of new transmission
equipment on a structure that has been previously approved by the
Town to support one or more antenna(s); ii) removal of transmission
equipment; or iii) replacement of transmission equipment.
[Added 5-24-2019 by L.L.
No. 2-2019; amended 6-24-2020 by L.L. No. 6-2020]
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
[Added 8-11-2021 by L.L. No. 5-2021]
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]
A facility for the protection from radioactive particles
resulting from nuclear explosion and descending through the atmosphere.
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.
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.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
[Added 8-11-2021 by L.L. No. 5-2021]
The ground or lowest story of a building entirely above the
level of the ground around the building.
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]
A general and temporary condition of partial or complete
inundation of normally dry land from:
Land areas in the Town of Greenburgh which are:
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]
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]
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]
The gross floor area divided by the lot area.
[Amended 6-11-2003 by L.L. No. 5-2003]
A structure occupying a building lot, containing not more
than two commercial establishments.
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.
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.
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.
A building, or part thereof, used for the storage of automobiles,
trucks, buses or other motorized machinery as a principal or accessory
use.
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.
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]
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]
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]
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]
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]
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.
A building used for diagnosis, treatment and care of human
ailments, licensed or approved by the New York State Department of
Health.
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.
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]
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, 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]
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]
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]
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]
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]
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]
Handicapped adaptable 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 10-14-2020 by L.L.
No. 8-2020]
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.
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.
A space of 60 square feet or more in total area in a residence
designed and equipped for the cooking or preparation of food.
Any space in a residence designed and equipped for the cooking
or preparation of food which is not defined as a kitchen.
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.
Two-Family, Townhouse and Garden Apartments.
[Added 11-14-2018 by L.L.
No. 12-2018]
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]
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]
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]
A lot at the junction of or abutting on two or more intersecting
streets when the interior angle of intersection does not exceed 135º.
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]
That portion of the lot abutting the street line.
A lot other than a corner lot.
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]
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.
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.
A lot which is not a corner lot and which has two street
lines.
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]
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.
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]
Any process whereby the nature, size or shape of articles
or raw materials is changed, or where articles are assembled.
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]
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]
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]
Any individual who engages in the practice of massage.
[Added 11-9-2015 by L.L.
No. 14-2015]
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.
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]
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]
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."
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]
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]
Any freestanding pole, not including a utility pole, greater
than 12 feet in height in a residential district and 25 feet in height
in a nonresidential district upon which an antenna will be, 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; 6-24-2020 by L.L. No. 6-2020]
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.
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]
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.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
[Added 8-11-2021 by L.L. No. 5-2021]
National Electrical Safety Code as published by the Institute
of Electrical and Electronics Engineers.
[Added 6-24-2020 by L.L.
No. 6-2020]
Nonionizing electromagnetic radiation.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
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]
All buildings that contain a Battery Energy Storage System
and do not comply with the dedicated-use building requirements.
[Added 8-11-2021 by L.L. No. 5-2021]
Any property that is not a participating property.
[Added 8-11-2021 by L.L. No. 5-2021]
Any residence located on nonparticipating property.
[Added 8-11-2021 by L.L. No. 5-2021]
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.
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.
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.
Any building in Occupancy Group A, B, E, I, or R, as defined
in the International Building Code, including, but not limited to,
schools, colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
[Added 8-11-2021 by L.L. No. 5-2021]
An off-street area containing one or more parking spaces
with aisles and driveways appurtenant thereto, but excluding accessways
from parking areas to streets.
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]
A Battery Energy Storage System host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the landowner from the Battery
Energy Storage System owner (or affiliate) regardless of whether any
part of a Battery Energy Storage System is constructed on the property.
[Added 8-11-2021 by L.L. No. 5-2021]
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]
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]
A use of a building or land or water permitted as of right
by this chapter or by other statute or law.
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]
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]
Any use permitted in a personal service establishment.
[Added 11-9-2015 by L.L.
No. 14-2015]
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]
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]
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.
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]
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.
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]
The point where the generation facility is electrically connected
to the electric distribution system. Point of interconnection has
the same meaning as the term "point of common coupling" defined in
Section 3.1.13 of IEEE Standard 1547.
[Added 8-11-2021 by L.L. No. 5-2021]
A roofed structure projecting out from the wall or walls
of a principal structure and which may be open to the weather.
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]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]
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]
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]
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]
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]
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]
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]
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]
Facilities designed and used for active and passive participatory
athletic and general recreation activities, such as gymnasia, health
spas and clubs. skating rinks. swimming pools. tennis courts, yoga,
martial arts. bowling alleys, billiard rooms. and facilities with
electronic games, laser tag, Esports, or virtual reality games/rides;
and uses accessory and incidental such as locker rooms, eating and
drinking facilities and retail sale of goods associated with the primary
activity.
[Added 10-23-2019 by L.L. No. 2-2022]
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]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]
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 carhops for the consumption
of food to be eaten in said cars 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; 7-13-2022 by L.L. No. 6-2022]
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]
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]
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]
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]
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]
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.
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.
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]
STEEP SLOPEA slope with a topographical gradient equal to or greater than 15% but less than 25%.
VERY STEEP SLOPEA slope with a topographical gradient equal to or greater than 25%, but less than 35%.
EXCESSIVELY STEEP SLOPEA slope with a topographical gradient equal to or greater than 35%.
Personal wireless service facilities meeting the definition
of "small wireless facilities" in 47 CFR 1.6002(1):
[Added 6-24-2020 by L.L.
No. 6-2020]
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas as defined in 47 CFR § 1.1320(d); or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment excluding associated
antenna equipment is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
the Code of the Town of Greenburgh.
Any property where one or more photovoltaic panels (commonly
called "solar panels") or other devices for collecting solar energy
and converting into electrical energy are installed on ground or a
structure, not to include solar panels on a property in a residential
zone for the primary use of supplying electricity to the resident
or residents living on that property, and not to include solar panels
on a property in a nonresidential or mixed-use zoning district as
accessory uses on the site.
[Added 8-11-2021 by L.L. No. 5-2021]
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]
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.
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]
For the purpose of defining adult establishment, specified
sexual activities are:
[Added 1-10-2001 by L.L. No. 1-2001]
Human genitals in a state of sexual stimulation
or arousal;
Actual or simulated acts of human masturbation,
sexual intercourse or sodomy;
Fondling or other erotic touching of human genitals,
pubic region, buttock, anus or female breast; or
Actual or simulated acts of sodomy or intercourse
between a human and an animal or animals.
A building designed for keeping horses, whether for private
use or for hire, remuneration or sale.
Camouflaging methods applied to personal wireless services
facilities and accessory equipment which render them more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure and facilities constructed
to resemble trees, shrubs, and light poles.
[Added 6-24-2020 by L.L.
No. 6-2020]
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]
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.
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]
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:
Signs or billboards.
Fences over six feet in height in a front or
side yard and fences over eight feet in height in a rear yard.
Walls other than those less than four feet high.
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]
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]
Tents, lunch wagons, trailers, dining cars or
similar structures on wheels or other supports used for business or
living purposes.
A building permit shall be required prior to
the construction or erection of any structure.
All buildings are structures. For the purposes
of setback requirements, classification of buildings as "principal"
or "accessory" shall be controlling.
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]
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]
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.
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]
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;
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;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation of deployment outside the current
site of the Monopole or Antenna Tower; or
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.
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%.
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.
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]
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]
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]
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]
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.
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]
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.
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.
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]
An area of the Town, including but not limited to subdivisions
and blocks, in which all utility installations are required to be
installed underground on a non-discriminatory basis.
[Added 6-24-2020 by L.L.
No. 6-2020]
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
[Added 8-11-2021 by L.L. No. 5-2021]
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]
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.
A use which is incidental and subordinate to the principal
use on a lot and located on the same lot therewith.
A structure that is designed specifically for or used for
the primary purpose of carrying lines, cables, or wires for communications,
cable television, or electricity. The term "utility pole" shall not
include decorative poles as defined herein.
[Added 6-24-2020 by L.L.
No. 6-2020]
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]
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]
Any property where one or more wind turbines, windmills or
similar devices which convert kinetic energy from the wind into electrical
energy are located.
[Added 8-11-2021 by L.L. No. 5-2021]
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]
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.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
chapter.
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.
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]
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]
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.
