Village of Tarrytown, NY
Westchester County
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Table of Contents
Table of Contents
A. 
Words stated in the present tense include the future, the singular includes the plural, and the plural includes the singular. The word "person" includes a corporation, partnership or other combination of persons. The word "lot" includes the word "plot." The word "building" includes the word "structure." The word "shall" is mandatory and not directory and does not indicate mere futurity unless the context clearly so requires. The words "Village Board," "Board of Appeals," "Planning Board," "Building Inspector" or "Code Enforcement Officer," "Village Attorney," etc., mean, respectively, such officers or boards of the Village of Tarrytown. The term "Board of Trustees" means the Village Board. The term "certificate of compliance" means "certificate of occupancy." The term "occupied" or "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."
B. 
Unless otherwise expressly stated, the following terms, for the purpose of this chapter, shall have the meanings herein indicated. For purposes of clarity and uniformity throughout this chapter of the Village Code, some definitions may be regulatory in nature.
ADULT BOOKSTORE or ADULT VIDEO STORE
An establishment, whether retail or wholesale, that has as a substantial portion of its stock-in-trade books, magazines, recordings, periodicals, films, videotapes/cassettes or other viewing materials for sale or viewing, on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas. For the purpose of this definition only, "substantial" shall mean comprising an area that is 30% or more of the total floor area available to patrons.
ADULT ENTERTAINMENT CABARET
A nightclub, bar, restaurant or similar public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments.
ADULT ENTERTAINMENT USE
Any use constituting an adult bookstore, adult motion-picture theater, adult entertainment cabaret or peep show, as those terms are defined herein.
ADULT HOME
A residential use that is licensed to provide room, board and supervised care, but not continuous nursing care, for up to nine unrelated adults.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building, structure or any portion thereof used for presenting films, motion pictures, videocassettes, slides or similar photographic reproductions distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of sexual anatomical areas or by sexual activities.
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AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
ALTERATION
Any 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 an existing part but which would tend to enlarge or diminish the livable floor area of the structure or any part thereof; or to cause a change in the location or height in the exterior walls or roof of the structure; or to make possible a greater intensity of occupancy.
ANTENNA
A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as whip antennas, and parabolic antennas as part of, or in conjunction with, a wireless telecommunications services facility (WTSF). Such waves shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services (PCS) and microwave telecommunications.
ANTENNA ARRAY
One or more rods, panels, discs or similar devices used for the transmission and/or reception of radio frequency signals, which may include omnidirectional antennas (whip), directional antennas (panel) and parabolic antennas (disc).
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
AQUATIC BUFFER or ADJACENT AREA
Any land within 100 feet of a freshwater wetland.
AQUATIC ECOSYSTEM
Plants or animal life living in, growing in, or adapted to water in a system made up of a community of living things (animal, plants and microorganisms) which are interrelated to each other and the physical and chemical environment in which they live.
ASSISTED-LIVING FACILITY
A facility designed to provide housing for residents that may include apartments with kitchens or bedrooms with congregate eating/socializing facilities, office space, laundry and ancillary medical services for residents only. Any such facility shall be licensed by the New York State Department of Health.
ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY
An antenna array that is attached to an existing building or structure, with any accompanying pole or device which attaches the antenna array to the existing building or structure; connection cables; and an equipment facility which may be located either inside or outside of the attachment structure.
AUTOMOBILE SALES LOT
Any place outside a building where two or more vehicles are offered for sale or are displayed.
BASEMENT
The portion of a building that is partly or entirely below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
BED-AND-BREAKFAST
An owner-occupied dwelling in which no more than 10 rooms are rented to guests with no more than one meal served daily and the entire service, food and lodging, is to be included in one stated price.
BOARDER
A person who occupies a bedroom or room as a lodging unit within a dwelling unit, boardinghouse, rooming house or lodging house on a long-term residential basis for a consideration and where meals may be provided by the owner or operator.
BOARDINGHOUSE
See “hotel.”
BUFFERS
Buffer areas are for the primary purpose of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of shrubs or a scattered planting of trees, other plant material or existing natural cover. Shrubs and hedges used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises. Except for existing preserved or transplanted vegetation, evergreen species shall be at least four feet, balled and burlapped; deciduous trees shall be at least two inches' caliper, balled and burlapped. All trees shall be of a species common to the area of nursery stock and free of insects and disease. Any plant material which does not live shall be replaced within one year or one growing season.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental to that of the main building on the same lot.
BUILDING AREA
The ground area enclosed by the walls of a building, together with the area of all covered porches and other roofed portions.
BUILDING COVERAGE
The percentage of the lot area that is covered by a building or buildings.
BUILDING FRONT
The front of a building or other structure situated on a lot with frontage on one street is that side where the midpoint of the building is closest to the street. Where a building is situated on a lot having frontage on more than one street, the front of the building is the side upon which the principal means of ingress and egress to such building is located; in such instances, the Planning Board may require front yard setbacks from each street frontage.
BUILDING LINE
A line parallel to a street at a distance equal to the required front yard or at a greater distance when otherwise legally established by the municipality or by private covenant.
BUILDING, MAIN
A building in which is conducted the principal use of the lot on which it is situated.
BUILDING REAR
The rear of a building or other structure shall be deemed to be that side which is opposite to the side defined as the front of said building.
BUSINESS
Any person, firm, association, partnership, corporation or other entity, whether for profit or not for profit.
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CELLAR
The portion of a building that is partly or entirely below grade which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CHEMICAL PILOT PLANT
A building or part thereof used for the development of new chemicals and chemical processes.
CLEARING
Any activity that removes the vegetative surface cover.
CODE ENFORCEMENT OFFICER
The Village official, sometimes referred to as the "Building Inspector," designated by the Board of Trustees to administer the Village Local Zoning Law and other Village regulations.
COLLOCATION
The use of the same structure or telecommunications tower to carry two or more antennas for the provision of wireless services by two or more persons or entities.
COMPATIBLE USE PERMIT
A permit granted by the Board of Trustees pertaining to a compatible use permitted in certain districts and designated as possessing characteristics of such unique potential compatibility and special form as to require additional consideration as an individual case before approval by the Board of Trustees.
CONFERENCE CENTER
A hotel or inn that provides meeting rooms, recreation facilities and/or dining facilities that may be open to the general public for catering activities.
CONGREGATE HOUSING
A residential use by a group of up to nine adults not defined as a family. Such uses may include fraternity or sorority houses, dormitories, residence halls, convents or monasteries.
COURT
An open space, other than a yard, on the same lot with a building, which space is bounded on three sides or more by the walls of such building.
CULTURAL INSTITUTION
A public or private facility open to the general public (with or without charge for admission) intended primarily for the display of historic or cultural material or for public presentations of historic or cultural information.
DECK
An outdoor platform attached to the principal structure of a building and built above the natural grade. A deck does not have a roof and is exposed to the elements.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
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DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
DISTRICT
A district established by the provisions of § 305-6 of these regulations.
DORMITORY
See “congregate housing.”
DWELLINGS
The terms "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling" or "dwelling group" shall not be deemed to include a rooming house, hotel, motel, tourist home, automobile court or other accommodations used for transient occupancy.
(1) 
A detached building containing one dwelling unit only.
(2) 
A detached building containing two dwelling units only, one above the other.
(3) 
A building or portion thereof containing three or more dwelling units.
(4) 
A group of two or more one-family, two-family or multifamily dwellings occupying a lot in one ownership and having a yard in common.
(5) 
A building or portion thereof providing complete housekeeping and sanitary facilities for one family.
EASEMENT
Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
ESTABLISH or ESTABLISHMENT
Any of the following:
(1) 
The opening or commencement of any adult entertainment use business as a new business;
(2) 
The conversion of an existing business, whether or not an adult entertainment use business, to any adult entertainment use business;
(3) 
The addition of any adult entertainment use business to any other existing adult entertainment use business; or
(4) 
The relocation of any adult entertainment use business.
EXTENDED-STAY HOTEL
See “hotel.”
FAA
The Federal Aviation Administration.
(1) 
A family is:
(a) 
Up to three persons occupying a dwelling unit; or
(b) 
Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
(2) 
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage, legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family.
(3) 
In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
(a) 
The occupants must share the entire dwelling unit, including cooking facilities, and live as a single housekeeping unit. A dwelling unit in which various occupants maintain separate and locked sleeping facilities in which such occupants' separate personal property is contained therein may not be deemed to be occupied by the functional equivalent of a traditional family;
(b) 
The group is not transient or temporary in nature. Evidence of not being transient or temporary in nature may include but not be limited to proof that members of the household have the same address for purposes of voter's registration, driver's licenses, motor vehicle registration, and the filing of income taxes and/or other documentation of domicile; and
(c) 
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
FCC
The Federal Communications Commission.
FILLING STATION
Any area of land, including structures thereof, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means or the making of other than minor repairs and adjustments.
FLOOR AREA RATIO (FAR)
The numerical value obtained by dividing the gross residential floor area of a building by the area of the lot on which the building is constructed.
FOUNDATION
The supporting substructure of a building or structure, including but not limited to basements, cellars, and basement garages, slabs, sills, posts or frost walls, inclusive of any windows.
FREESTANDING TOWER
Any structure that is specifically designed for the purpose of supporting a wireless telecommunications device. This definition shall include monopoles and self-supporting and guyed towers.
FRESHWATER WETLAND
Land and water of the Village of Tarrytown as shown on a Freshwater Wetland Map of the Village of Tarrytown and filed with the Village Clerk of the Village of Tarrytown by the NYSDEC and as further defined by § 24-0107 of the Environmental Conservation Law.
GARAGE, PRIVATE
An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use for an owner or tenant.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for remuneration, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
GROSS RESIDENTIAL FLOOR AREA
The sum of the gross area of all floors of a residence, measured to the exterior of the outside walls.
GROUP HOME
A residential use that is licensed to provide room, board and supervised care, but not continuous nursing care, for up to nine unrelated individuals.
GUEST ROOM
Any room for occupants other than bathrooms or food preparation and storage areas.
HEIGHT OF BUILDING
The vertical distance measured from the average elevation of the existing (predevelopment) grade of the property, averaging all four sides of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
HEIGHT, FLOOR-TO-CEILING
The distance between the finished floor and the finished ceiling of an interior space. The distance shall be equal to the length of a theoretical line drawn from the floor to a point of the highest portion of the ceiling directly above it and is perpendicular to the horizontal plane of the floor.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, with no retail sales of products, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
HOSPITAL
Unless otherwise specified, includes sanatorium, preventorium, clinic and any other place for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
A commercial building providing temporary overnight accommodations to the public for compensation. The word "hotel" shall include motels, dormitories, rooming houses, boardinghouses, extended-stay hotels and residential hotels.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
IMPERVIOUS SURFACE AREA
The sum of the area of coverage or footprint of all buildings, structures, paved areas, patios and other improved surfaces on a lot preventing natural runoff from percolating to the ground, measured in square feet. Areas paved with gravel, crushed stone and other pervious materials shall not be considered impervious. Open wood decks with spacing between floorboards shall also not be considered impervious if they are located above a pervious surface. Calculation of the total impervious surface area on a site shall be based upon the gross lot area, not the net developable area on a site.
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
INN
A structure in which more than 10 but fewer than 20 rooms are rented to guests and that provides dining facilities open to the general public.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
LIGHT EXPOSURE PLANE
A light exposure plane is measured 45° vertically from the neighboring setback line. Building walls shall not encroach on a light exposure plane. If an existing structure is located within a side yard setback, then the point of measurement for a light exposure plane shall be from the required side yard setback.
LIVABLE FLOOR AREA
Includes all horizontal space within the exterior or party walls of the dwelling, exclusive of garages, cellars, heater rooms and basements and of open unheated porches and breezeways, but shall include the area of all heated livable rooms, kitchens, utility rooms, bathrooms and all closets and hallways directly appurtenant thereof and the area of all attic space having a clear height of four feet from finished floor level to pitch of roof rafter and a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.
(1) 
In a multifamily dwelling, the sum of the gross floor area of the ground floor and all living floors above the ground floor (including public hallways, stairways and elevator shafts providing access thereto but excluding all garage space, cellars, heater rooms, basements and open or unheated porches, balconies, breezeways and all nonlivable space under the roof) divided by the number of separate dwelling units in such multifamily dwelling.
LOADING SPACE
Any off-street space available for the loading and unloading of goods, not less than 15 feet wide, 45 feet long and 14 feet high and having direct usable access to a street, except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.
LODGER
See “boarder.”
LOT
Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated and having its principal frontage on the 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 of the issuance of a building permit for a building on such land. This definition shall include the term "zoning lot" as differentiated from “tax lot.”
(1) 
A lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°.
(2) 
A lot other than a corner lot.
(3) 
The total horizontal area included within reasonably regular lot lines, excluding all areas periodically inundated, or contained in any street or right-of-way or that projects into adjoining land a distance greater than its width at the base of such projection.
(4) 
The gross area within the lot lines of a lot, including any environmentally sensitive areas such as steep slopes or wetlands, and excluding any public rights-of-way.
(5) 
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
(6) 
The mean width of a lot measured at right angles to its depth.
(7) 
The lot line generally opposite the front line. If the rear lot line is less than 10 feet in length or if the lot comes 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 lot line.
(8) 
A lot other than a corner lot which abuts two or more streets which do not intersect at the lot.
(9) 
The established division line between lots or between a lot and a street.
(10) 
All dividing lines between a street or right-of-way and the lot shall be considered front lines.
(11) 
The line or lines bounding a lot which extend from the street toward the rear in a direction approximately perpendicular to the street. In the case of corner lots or through lots, all lines extending from streets shall be considered side lot lines.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MASTER PLAN
A comprehensive plan prepared by the Planning Board and adopted by the Village Board of Trustees pursuant to § 7-722 of the Village Law which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the Village of Tarrytown and includes any unit or part of such plan separately adopted and any amendment to such plans or parts therein.
MIXED USE
A use permitted in accordance with § 305-129 of this chapter.
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MOTEL
See “hotel.”
NONCONFORMING USE
Use of a building or of land that does not conform to the regulations as to use for the district in which it is situated.
NONIONIZING ELECTROMAGNETIC RADIATION (NIER)
Electromagnetic radiation of such frequency that the energy of the radiation does not dissociate electrons from their constituent atoms when an atom absorbs the electromagnetic radiation.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
NURSING 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 for care of the mentally ill licensed by the State Commissioner of Mental Hygiene and maternity homes licensed by the State Commissioner of Health.
OCCUPIED BY THE PUBLIC
Areas not under the control of the owner or operator of the facility to the exclusion of all others.
OFFICIAL MAP
The map established by the Board of Trustees of the Village of Tarrytown pursuant to § 7-724 of the Village Law, showing streets, highways, parks and drainage, both existing and proposed.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and, except as may otherwise be required in specific sections of this chapter, having an area of not less than nine feet by 18 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street.
PEEP SHOW
A theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to sexual activities or sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
PERSON
Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision and any legal successor, representative, agent or agency of the foregoing.
PERVIOUS SURFACE AREA
The sum of the gross lot area which allows natural runoff to percolate into the ground, measured in square feet. Areas paved with gravel, crushed stone or other pervious materials shall be considered pervious surfaces as long as they are not located above an impervious surface.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PLANNING BOARD
The Planning Board of the Village of Tarrytown, New York.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PORCH, ENCLOSED
A structure attached to a building, with a floor, roof, and structural supports, and permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material). Screens, curtains, or latticework made of wire mesh, cloth, paper, strips of wood or metal, or other similar material shall not be considered "solid" for the purpose of this definition. A porch does not need to be heated or insulated to be considered "enclosed."
PORCH, UNENCLOSED
A structure attached to a building which has a floor, a roof, and structural supports but not permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material).
PRELIMINARY LAYOUT
The preliminary drawing or drawings indicating the proposed manner of layout of the subdivision or site plan to be submitted to the Planning Board for its consideration.
PREMISES
A lot as defined in this section.
PROJECT
Land development activity.
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RECHARGE
The replenishment of underground water reserves.
REQUIRED MINIMUM STREET FRONTAGE
The distance between the side lot lines measured along the street line; however, in the case of a corner lot, the required minimum street frontage shall be the distance between a side lot line and the corner.
REQUIRED OPEN SPACE
Any required front, side or rear yard and any required enclosed recreation area, off-street parking space, off-street loading space or other required space permitted therein, together with the necessary entrances, exits, passageways and landscaped borders appurtenant thereto as required under this chapter, shall be deemed to be required open space on the lot on which it is situated or to which it is appurtenant, and no such required open space shall be encroached upon or reduced in any way except as hereinafter permitted, and no such required open space shall be used to fulfill the requirements of open space for another principal building or use or be used in any manner not in conformity with this chapter.
RESEARCH LABORATORY
Any laboratory devoted exclusively to the pursuit of scientific or technological research, experimentation and development of natural, manufactured, processed or compounded material or products, including but not limited to biological food and other consumer products, electronic and electrochemical processes, products and equipment, pharmaceutical products, etc. The term "research laboratory" shall also include facilities for making measurements by such methods as but not limited to x-ray, photography, weighing, shock, vibration and all other forms of physical and environmental tests. In no event shall any of the following be permitted:
(1) 
Chemical pilot plants.
(2) 
Motor-testing laboratories.
(3) 
Animal houses, but nothing herein contained shall prohibit the keeping and using of small animals which are commonly used in scientific laboratories incidental to the experimentation, development and research conducted in the aforesaid permitted laboratories, provided that such animals shall be kept only on the interior of any building or structure located on the property of the aforesaid permitted laboratories and provided further that no animals shall be kept which will create any noise or cause offenses, annoyances or disturbances to any of the surrounding properties and to their owners and occupants, and all offal or excretions of such small animals shall be removed promptly and disposed of in a sanitary manner.
(4) 
The use of shift workers except for maintenance operations and except for emergency research requirements and for experiments which require continuous procedures and study.
(5) 
Laboratories engaged in research in the field of explosives.
(6) 
Any use which is noxious or offensive by reason of emission of odor, dust, vibration, smoke, gas, noise, fumes, glare or radiation or which presents any other hazard to public health or safety.
RESERVOIR
A pond, lake or basin, either natural or artificial, for the storage, regulation and control of water.
RESIDENTIAL HOTEL
See “hotel.”
ROOMING HOUSE
See “hotel.”
(1) 
That part of the precipitation, snow melt, or irrigation water that appears in controlled surface streams, rivers, drains or sewers. Runoff may be classified according to speed of appearance after rainfall or melting snow as direct runoff or base runoff, and according to source as surface runoff, storm interflow, or groundwater runoff.
(2) 
The total discharge described in Subsection (1), above, during a specified period of time.
(3) 
Also defined as the depth to which a drainage area would be covered if all of the runoff for a given period of time were uniformly distributed over it.
SCHOOL
Any facility, public or private, which offers classes or provides other educational services for minors.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SEMIDETACHED DWELLING
A one-family dwelling having one party wall and one side yard.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SITE PLAN
An illustration of land use or development considered in the context of Article XVI of this chapter.
SKETCH PLAN
A rough sketch of the preliminary layout to enable the subdivider or site planner to save time and expense in reaching general agreement with the authorized Village reviewing agency as to the form of the preliminary layout and objectives of these regulations.
SOCIAL CLUB
An association of persons, whether incorporated or unincorporated, for social intercourse or other common social purpose, not conducted for pecuniary profit, and whose officers and directors serve without pay and are chosen directly or indirectly by the members who form the nonprofit association. If incorporated, it must be one incorporated under provisions of the Not-For-Profit Corporations Law or the Benevolent Orders Law of New York.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STABLE
An accessory building or portion of a main building in which horses are kept, whether for private use or for hire, remuneration or sale.
STEALTH
Any wireless telecommunications services facility (WTSF) which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and WTSFs designed not to look like a conventional WTSF but like something else existing in the community, such as light poles, power poles, flagpoles, and trees.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORAGE SPACE
Rooms or space used for storage of goods or merchandise, but not including space used for display of merchandise.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SWPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
STORY, HALF
Livable space above the highest full story of a building which contains or is designed to contain finished rooms under the roof accessible by a stairway, which rooms shall have a clear height of four feet from finished floor to pitch of rafter and a clear height of seven feet six inches from floor to ceiling over at least 50% of the area of each such room. If the aggregate livable area of such space under the roof, including area in stairways, halls and enclosing partitions, exceeds 50% of the gross floor area of the floor immediately below, it shall be classed as a full story in computing the height of a building; but if such aggregate livable area is less than 50% of the gross floor area of the floor below, it shall count as a "half story" in determining the permissible height.
STREET
A public or private thoroughfare, however designated, which is shown on the Official Map.
(1) 
The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
(2) 
The elevation of the center line of the streets as officially established by the Village.
(3) 
The completed surfaces of lawns, walks and roads brought to grades as shown on duly filed plans or designs relating thereto.
(4) 
A street which serves or is designed to serve heavy flows of traffic.
(5) 
A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
(6) 
A street intended to serve primarily as an access to abutting properties.
(7) 
A street or a portion of a street with only one vehicular traffic outlet.
(8) 
The wearing or exposed surface of the roadway used by vehicular traffic.
(9) 
The distance between property lines, measured at right angles to the center line of the street.
(10) 
The line dividing the street and the lot.
(1) 
Any combination of materials which is constructed or erected which requires a location on the land or attachment to something having such location, including, but not limited to:
(a) 
Tents, trailers (whether movable or stationary) or other similar structures on wheels or other supports used for business or living purposes.
(b) 
Stadiums, reviewing stands, tennis courts, platforms, porches, staging, gasoline pumps, standpipes, outside bins, swimming pools, pergolas, walks, fences, trellises, gates and gate posts, signs, driveways and paved walks.
(c) 
Towers and antennas.
(2) 
The word "structure" shall be construed as though followed by the words "or part thereof."
SUBDIVIDER
Any person, firm, corporation, partnership or association who or which shall lay out, for the purpose of sale or development, any subdivision or part thereof as defined herein, either for himself or others.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development.
(1) 
All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of municipal facilities.
(2) 
Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or local zoning law, if such exists, or this chapter.
SUBDIVISION PLAT
The final map or drawing on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, shall be submitted to the County Clerk for recording prior to the issuance of a building or construction permit.
SURFACE (STORM) RUNOFF
Precipitation, snow melt or irrigation in excess of what can infiltrate the soil surface and be stored in small surface depressions; runoff is a major transporter of nonpoint source pollutants.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
SWIMMING POOL
Includes pools of water with a depth of 24 inches or more.
[6]
TRAILER COACH
Any vehicle or object on wheels which is drawn by or used in connection with a motor vehicle and which is so designed and constructed or added to by means of such accessories as to permit use and occupancy thereof for human habitation, whether resting on wheels, jacks or other foundations, and shall include the type of vehicle known as a "mobile home."
UNDERSIZED LOT
A lot that is smaller than the minimum lot size for a zone as specified in § 305-11 of this Zoning Code.
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 customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
VEGETATION
All live trees, shrubs, ground cover, vines, grasses, wildflowers and other plants.
VILLAGE ENGINEER
The duly designated engineer or engineering consulting firm of the Village of Tarrytown.
WAIVER
That power granted to the Planning Board by the Board of Trustees pursuant to § 305-136 of this chapter enabling the Planning Board to establish a condition(s) or modifications during the site plan review procedure, thereby eliminating or reducing the required information normally required to be submitted for site plan review.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATER-DEPENDENT USE
An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body and involves, as an integral part of such activity, the use of the water.
WATER-RELATED INDUSTRY
An industry which benefits from being conducted on, in, over or adjacent to a water body because such activity is functionally related to direct access to that water body and because such activity obtains an economic benefit through its use of the water.
WATERSHED AREA
Surface drainage area that contributes water to a lake or river.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
WIRELESS TELECOMMUNICATIONS SERVICES (WTS)
The provision of wireless telecommunications services, including, but not limited to, those more commonly referred to as "cellular telephones," which services are regulated by the FCC in accordance with and as the term "personal wireless services" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended. With the exception of communications for the Village Highway Department, the term "wireless telecommunications services" shall specifically exclude all other services not included in the FCC definition of "personal wireless services."
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY (WTSF)
A facility or structure designed or intended to be used or used to support and include antennas for WTS. A WTSF is a facility or structure intended for transmitting and/or receiving radio, television, cellular, paging or personal wireless telecommunications services or microwave telecommunications, but excludes facilities or structures used exclusively for fire, police and other dispatch telecommunications, private radio and television reception, private citizens bands, amateur radios and other similar telecommunications. A WTSF includes, without limit, antennas applied or affixed to the facade of a building or roof-mounted antennas, freestanding towers, guyed towers, monopoles, equipment shelters, and similar structures that employ camouflage technology, and including, but not limited to, structures such as a church steeple, water tower, flagpole, sign, or combination thereof or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such.
YARD
An open space on the same lot with a building or a group of buildings, which open space lies between the building or group of buildings and the nearest street or lot line and is unoccupied and unobstructed from the ground except as hereinafter provided. In measuring a yard, 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 § 305-47B 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.
(1) 
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
(2) 
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
(3) 
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot line, as the case may be.
[1]
Editor's Note: The former definitions of “affordability index” and “aggregate income,” which immediately followed this definition, were repealed 12-5-2011 by L.L. No. 13-2011.
[2]
Editor's Note: The former definition of “ceiling rate,” which immediately followed this definition, was repealed 12-5-2011 by L.L. No. 13-2011.
[3]
Editor's Note: The former definition of “density bonus,” which immediately followed this definition, was repealed 12-5-2011 by L.L. No. 13-2011.
[4]
Editor's Note: The former definition of “moderate income housing,” which immediately followed this definition, was repealed 12-5-2011 by L.L. No. 13-2011.
[5]
Editor's Note: The former definition of “qualifying income,” which immediately followed this definition, was repealed 12-5-2011 by L.L. No. 13-2011.
[6]
Editor's Note: The former definition of “target rates,” which immediately followed this definition, was repealed 12-5-2011 by L.L. No. 13-2011.