The word "Village" means the incorporated part of
the Village of Rye Brook; the term "Village Board" means the Board
of Trustees of said Village; the term "Board of Appeals" means the
Zoning Board of Appeals of said Village; and the term "Planning Board"
means the Village Planning Board of said Village.
ACTUAL FRONT YARD DIMENSION
A field-determined dimension, as set forth on a survey certified
by a licensed land surveyor, measured from the front lot line and
perpendicular to that lot line, to the exterior face of the portion
of an existing main building closest to the front lot line.
[Added 8-10-2004 by L.L. No. 14-2004]
ADDITION
Any increase in gross floor area or height of a building
or structure or a portion thereof that increases its exterior dimensions.
[Added 12-14-2004 by L.L. No. 23-2004]
ALLEY
A passage or way open to public travel affording generally
a secondary means of access to abutting property.
ALTERATION
The reconfiguration of any space within the existing envelope
of a building or structure or any change in the structural parts or
existing facilities of a building or structure which does not result
in an increase in the gross floor area of the building or structure.
[Added 12-14-2004 by L.L. No. 23-2004]
APPROVAL AUTHORITY
The Village agency(s) or public official(s) empowered to
administer the provisions of this chapter.
[Added 3-22-2005 by L.L. No. 5-2005]
AREA, BUILDING
The sum of the maximum horizontal cross sections of the buildings
and structures on a lot excluding cornices, eaves, gutters or chimneys
projecting not more than 48 inches, steps, one-story unenclosed porches
of not more than 400 square feet, bay windows which in aggregate are
100 square feet or less in area, which extend through not more than
one story and which project not more than 36 inches, including all
improved surfaces as defined herein.
[Amended 8-26-2003 by L.L. No. 11-2003]
AREA, SITE
The total area within the property lines of a site, excluding
external streets.
ART STUDIO
A place where works are produced on- or off-site by an artist
(an individual who practices one of the fine, design, graphic, musical,
literary, computer or performing arts; or an individual whose profession
relies on the application of the above-mentioned skills to produce
creative product, i.e., craftsperson, photographer, etc.) and displayed.
[Added 11-23-2021 by L.L. No. 1-2022]
AUTOMOBILE COURT
A building or a group of detached or semidetached buildings
containing rooms or suites of rooms with automobile parking or storage
space serving such rooms provided directly or closely in connection
therewith, which building or group of buildings is designed, intended
or used primarily for the provision of sleeping accommodations for
automobile travelers.
BASEMENT
A portion of a building partly underground which has more
than 1/2 its height, measured from the finished floor to the finished
ceiling, above the mean level of the natural grade around the building.
A basement will be deemed a story if the finished ceiling is five
feet or more above the mean level of the natural grade around the
building. A basement will be deemed habitable if it conforms to all
applicable provisions of the New York State Code regarding habitable
space.
[Amended 8-26-2003 by L.L. No. 11-2003; 12-13-2005 by L.L. No. 24-2005]
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot.
BUILDING, MAIN
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUSINESS OFFICE
An office providing nonretail business support and services
such as forms processing, telemarketing, payroll payment, data systems
development and management, consulting services, billing, reservation
services, technical and intellectual services, sales, e-commerce,
administrative and clerical services, and financial services. A business
office shall not include warehousing, dispatch offices or distribution
centers, except if there are no commercial vehicles.
[Added 10-13-2020 by L.L.
No. 7-2020]
CELLAR
A portion of a building partly underground having 1/2 or
more than 1/2 its clear height, from finished floor to finished ceiling,
below the mean level of the finished grade around the building.
[Amended 8-26-2003 by L.L. No. 11-2003]
CHILD DAY-CARE CENTER
A structure, together with the necessary surrounding lands,
which contains a program providing care for three or more children
away from their home for more than three hours per day, which term
shall include the term "nursery school." Notwithstanding the foregoing,
a child day-care center, as defined herein, shall not include.a family
day-care home or group family day-care home as those terms are defined
in this section.
[Added 4-24-1997 by L.L. No. 4-1997]
CLUB, MEMBERSHIP
An organization catering exclusively to members and their
guests or premises and buildings for social, recreational or athletic
purposes which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club.
COURT
An open unoccupied space other than a yard, on the same lot
with a building or group of buildings and which is bounded on two
or more sides by such building or buildings.
COURT, INNER
A court enclosed on all sides by the exterior walls of a
building.
COURT, OUTER
A court extending to a street line or opening upon any front,
side or rear yard.
COVERAGE
That percentage of the lot area covered by the building area.
DECK
An unroofed, unenclosed framed structure attached to or detached
from the main dwelling which is constructed so that the walking surface
is above grade level, and is supported by footings, piers, slabs,
haunches or by any other method.
[Added 11-25-1986 by L.L. No. 2-1986; amended 8-26-2003 by L.L. No. 11-2003; 12-14-2004 by L.L. No. 23-2004]
DISTRICT
The term "R District" shall mean any residential district;
the term "C District" shall mean any commercial district and the term
"OB District" shall mean any office building district.
DWELLING
A building designed or used exclusively as living quarters
for one or more families. The term shall not be deemed to include
automobile court, rooming house or tourist home.
DWELLING GROUPS
A group of two or more two-family or multifamily dwellings
occupying a lot in one ownership and having a yard or yards in common.
DWELLING UNIT
A building, or portion thereof, providing complete housekeeping
facilities for one family.
EXECUTIVE LEARNING CENTER
A building or buildings designed for classes, seminars, meetings
and similar activities and related accessory uses, such as restaurants,
overnight lodgings and recreational facilities.
FAMILY
One or more persons occupying a dwelling unit and living
together as a single housekeeping unit in a familial relationship,
using kitchen facilities and other rooms in common (but not more than
two individuals who are not related by birth, marriage, adoption or
other domestic bond), or persons living in a government-sponsored
group home. Persons living together in a dormitory, fraternity, sorority,
seminary or rooming house shall not be considered a family.
[Amended 3-26-1985 by L.L. No. 6-1985; 4-27-2004 by L.L. No.
5-2004]
FAMILY DAY-CARE HOME OR GROUP FAMILY DAY-CARE HOME
A dwelling unit used primarily as a residence, together with
the necessary surrounding lands, which contains a program providing
care for at least three but not more than 12 children, depending on
age, away from their home for more than three hours per day, and is
subject to regulation and licensing by the New York State Department
of Social Services.
[Added 4-24-1997 by L.L. No. 4-1997]
FENCE
Any partition, structure or gate erected as a dividing marker,
barrier or enclosure and located along the boundary or within the
required lot area.
[Added 12-14-2004 by L.L. No. 22-2004]
FLOOR AREA RATIO
Gross floor area divided by lot area.
[Amended 8-26-2003 by L.L. No. 11-2003]
FRONTAGE
The extent of a continuous lot line along a street.
[Added 1-9-1995 by L.L. No. 1-1995;
amended 3-24-1998 by L.L. No. 2-1998]
GARAGE, PRIVATE
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use.
GARAGE, PUBLIC
A building or part thereof used for the storage, care and
repair of motor vehicles for remuneration, including any sale of motor
vehicle accessories, or where motor vehicles are kept for hire.
GASOLINE STATION
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline or other motor
vehicle accessories and which may or may not include facilities for
lubricating, washing or otherwise servicing motor vehicles, but not
including painting thereof by any means.
GRADE, FINISHED
The "finished grade" at any point along the wall of a building
is the elevation of the completed surfaces of lawns, walks and roads
adjoining the wall at that point.
GROSS FLOOR AREA
The sum of the horizontal areas of the floors in each story
of the building or buildings, measured from the exterior faces of
the outside walls or, in the case of a common wall separating two
buildings. from the center line of the common wall of such building
or buildings without exclusion of any areas on the floors (i.e., attached
garages, closets, bathrooms, stairwells and clerestories). Basements
and cellars shall be excluded, except that, for the purpose of calculation
of gross floor area, a basement will be deemed a story if the finished
ceiling is five feet or more above the mean level of the natural grade
around the building and shall be included in the calculation of gross
floor area. For half stories, horizontal areas where the vertical
distance between the floor beams and the ceiling or the roof structure
next above is less than 7 1/2 feet and the area is unfinished and
unoccupied shall also be excluded. Further, for horizontal areas where
the floor to ceiling height is 14 feet or greater, twice the horizontal
area shall be included.
[Amended 8-26-2003 by L.L. No. 11-2003; 12-13-2005 by L.L. No. 24-2005]
HEIGHT (FENCE OR WALL)
The vertical distance between the natural existing grade
of the property at the base of the fence or wall prior to regrading
and the highest horizontal member at the top. In the case of picket
fences, wrought-iron fences with decorative elements, fences made
of vertical boards with rounded ends or other structures of similar
design, the top of the fence shall be a line parallel to the top of
the highest point.
[Added 12-14-2004 by L.L. No. 22-2004]
HEIGHT OF BUILDING
For pitched roofs, the vertical distance measured from the
mean level of the undisturbed ground prior to grading, excavation
or construction or the mean level of the finished grade around the
building, whichever is more restrictive, on which the building stands
or is intended to stand, to a point mid-way between the top of the
highest ridge beam, and the top of the highest vertical wall plate.
For flat roof structures, the vertical distance measured from the
mean level of the undisturbed ground prior to grading, excavation
or construction or the mean level of the finished grade around the
building, whichever is more restrictive, on which the building stands
or is intended to stand, to the uppermost portion of the roof structure,
railing or balustrade. Chimneys extending three feet or less above
the highest portion of the pitched roof or the highest point of the
flat roofed structure shall not be included in height of building.
Chimneys extending more than three feet above the highest portion
of the pitched roof or the highest point of the flat roof structure
shall be included in the height of building. For the purposes of measuring
building height, a roof having a pitch of less than four on 12 shall
be considered a flat roof.
[Amended 3-24-1998 by L.L. No. 3-1998; 8-23-2003 by L.L. No. 11-2003]
HEIGHT/SETBACK RATIO
A standard designed to regulate the height of a building in relation to the average grade of the corresponding portion of the lot line from which it is set back. The ratio modifies the maximum permitted height of building by forming an inclined plane beginning at the average grade along the portion of the lot line from which the setback is measured and rising toward the building at the specified ratio above which no part of any building, other than minor architectural features such as chimneys. skylights and dormer windows not covering more than 10% of the entire roof area, shall be permitted to extend. Height and setback shall be calculated using the formula height/setback = X, where X is the required side or front yard ratio for the zoning district in which a property is located as specified in Article
VIII of Chapter
250.
[Added 8-26-2003 by L.L. No. 11-2003; amended 11-9-2004 by L.L. No. 17-2004]
HOME OCCUPATION
Any commercial use customarily conducted entirely within a dwelling and carried on by the residents thereof who are personally present during substantially all of the operations of the home occupation and no more than two nonresident employees, subject to the regulations of §
250-38, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a hospital, barbershop, beauty parlor, coffee house, tearoom, rooming house, tourist home, animal hospital, the commercial storage, possession and display of firearms, ammunition and explosives, or any similar use shall not be deemed to be a home occupation.
[Amended 1-23-1996 by L.L. No. 1-1996; 5-23-2017 by L.L. No. 4-2017]
HORIZONTAL CIRCLE
A circle that can be placed entirely within the confines
of a lot and that maintains a diameter equal to the required minimum
horizontal circle diameter for the zoning district in which the lot
is located. Within such circle there shall be at least one potential
building site conforming to all requirements of applicable laws, ordinance
and regulations as determined by the Village Board or by the Planning
Board, where applicable.
[Added 1-9-1995 by L.L. No. 1-1995;
amended 3-24-1998 by L.L. No. 2-1998; 3-22-2005 by L.L. No. 5-2005]
HOTEL
A building or portion thereof containing rooms occupied primarily
by transients who are lodged with or without meals and in which are
provided such services as are incidental to the use thereof as a temporary
residence.
HOUSE TRAILER
Any portable or mobile vehicle used or designed to be used
for living purposes, and with its wheels, rollers or skids in place.
IMPERVIOUS SURFACES
All buildings, as defined herein, and all areas on the ground
or elevated above the ground which are comprised of materials through
which water cannot readily flow, including, but not limited to, asphalt,
concrete, masonry, wood, gravel and clay, and which consist of elements
including, but not limited to, courtyards, sports courts, swimming
pools, patios, sidewalks, ramps, terraces and driveways.
[Added 8-26-2003 by L.L. No. 12-2003]
JUNKYARD
A place where junk, waste or discarded or salvaged materials
are kept, stored or abandoned, including the dismantling, demolition
or abandonment of automobiles or other vehicles or machinery or parts
thereof.
LANDSCAPE WALL
A structure made of any material or combination of materials,
without clearly visible spaces between component parts, which encloses,
separates, divides or defines a lot or portion thereof.
[Added 12-14-2004 by L.L. No. 22-2004]
LOADING SPACE
Any off-street space available for the loading or unloading
of goods, not less than 15 feet wide, 25 feet long and 14 feet high,
and having direct usable access to a street or alley, except that
where once 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.
LOT
A parcel of land occupied or to be occupied by a building
or buildings and accessory buildings, together with such open spaces
as are required under the provisions of this chapter, and having its
principal frontage on a street or on such other means of access as
may be deemed 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.
LOT AREA
The total horizontal area included within lot lines.
LOT AREA COVERAGE
The percentage of the lot area covered by a main building,
accessory structure and deck.
[Added 8-26-2003 by L.L. No. 11-2003]
LOT, CORNER
A lot of which at least two adjacent sides abut for their
full length on streets or public places not less than 40 feet in width.
For the purposes of this chapter, such lot must have an interior angle
of more than 45° and of less than 135° at the intersection
of the two street lot lines. Any other lot is an interior lot. That
portion of a corner lot in excess of 100 feet from the widest street
on which the lots abut shall be considered an interior lot.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT LINE, FRONT
In the case of a lot abutting only one street, the lot line
separating the lot from the street and also any line at any angle
of 45° or less to the street and located between the street and
a principal building contained thereon if such line is directly in
front of said building. In the case of any other lot, the owner may
elect any lot line abutting a street as the front lot line, however,
the front yard setback line and all other requirements of this chapter
applicable to front yards shall apply to yards along all streets.
The election of a front lot line shall be made by designating the
front on the filing of an application for a building permit. A designation
of front yard shall be irrevocable after the granting of a building
permit.
[Amended 11-25-1986 by L.L. No. 2-1986; 3-24-1998 by L.L. No. 2-1998]
LOT LINE, REAR
The lot line which is generally opposite the front lot line.
If the rear lot line is less than 20 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 lot line not less than 20 feet in
length lying wholly within the lot and farthest from the front lot
line.
[Added 3-24-1998 by L.L. No. 2-1998]
LOT LINES
The property lines bounding a lot, as defined herein.
LOT LINE, SIDE
Any lot line other than the front lot line and the rear lot
line.
[Added 3-24-1998 by L.L. No. 2-1998]
LOT WIDTH
The mean width of a lot measured at right angles to its depth.
MAJOR EXPANSION
Construction within any five-year period of any addition
to an existing dwelling which results in an aggregate increase of
50% or more of the gross floor area of the existing building or results
in a building that is more than 75% of the maximum gross floor area
permitted in the applicable zoning district. Said five-year period
shall be measured backward from the date of submission of the current
application to the dates of issuance of valid certificates of occupancy,
if any, over a successive five-year period.
[Added 12-14-2004 by L.L. No. 23-2004]
MEAN LEVEL OR AVERAGE GRADE
The result of the sum of elevation measurements taken at
ten-foot intervals divided by the number of said measurements.
[Added 8-26-2003 by L.L. No. 11-2003; amended 11-9-2004 by L.L. No. 17-2004]
MEETING
A formal gathering of a Village of Rye Brook board or committee
at which members of the public are permitted to attend and may be
permitted to provide oral or written comments at the discretion of
the applicable board or committee.
[Added 3-14-2006 by L.L. No. 4-2006]
NATURAL GRADE
At any point along the wall of a building, the elevation
of the undisturbed surface of lawns, walks and roads adjoining the
wall at that point.
[Added 12-13-2005 by L.L. No. 24-2005]
NEW CONSTRUCTION
Any construction on a lot not previously developed.
[Added 12-14-2004 by L.L. No. 23-2004]
NONCONFORMING LOT
A lot that does not conform to the requirements of this chapter
for the district in which it is situated, irrespective of the use
to which any buildings or structures on such lot are put, which lot
was lawful at the time it was created.
[Added 12-13-2005 by L.L. No. 21-2005]
NONCONFORMING STRUCTURE
A structure that does not conform to the dimensional, bulk,
off-street parking and/or loading requirements of this chapter for
the district in which it is situated, irrespective of the use to which
such structure is put, which structure was lawful at the time it was
constructed. For the purposes of this chapter, a nonconforming building
shall be deemed a nonconforming structure.
[Added 12-13-2005 by L.L. No. 21-2005]
NONCONFORMING USE
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful at the time such use commenced.
[Amended 11-25-1986 by L.L. No. 2-1986; 12-13-2005 by L.L. No. 21-2005]
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having an area of not less than 175 square feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct access to a street or alley.
PATIO/TERRACE
An unroofed, unenclosed area, constructed or created on grade.
[Added 11-25-1986 by L.L. No. 2-1986; amended 12-14-2004 by L.L. No. 23-2004; 8-9-2005 by L.L. No.
15-2005]
PERSONAL OR GROUP INSTRUCTIONAL STUDIOS
An establishment engaged in providing individual or group
services involving personalized and/or specialized instruction or
direction, including, but not limited to, exercise, personal fitness,
art, dance, martial arts, yoga, music, tutoring or other personal
or group studios providing instructional classes and lessons.
[Added 11-23-2021 by L.L. No. 1-2022]
PORCH
An unenclosed roofed structure attached to a building.
[Added 11-25-1986 by L.L. No. 2-1986; amended 8-26-2003 by L.L. No. 11-2003; 12-14-2004 by L.L. No. 23-2004]
PORCH, ENCLOSED
A roofed structure that has been enclosed by weatherproof
material such as glass, plastic sheeting, wood, masonry, drywall,
or siding.
[Added 12-14-2004 by L.L. No. 23-2004]
PROFESSIONAL OFFICE
A professional office shall include offices of any person
who is a member of a learned profession or requires a high degree
of training and proficiency or professional license or certification,
including but not limited to physicians, surgeons, dentists, attorneys,
architects, accountants, insurance agents, appraisers, engineers,
planners, surveyors, stockbrokers, financial advisors and real estate
and mortgage brokers.
[Added 10-13-2020 by L.L.
No. 7-2020]
PUBLIC HEARING
A formal gathering of a Village of Rye Brook board or committee
at which members of the public are permitted to attend and to provide
oral and written comments. The time, place and manner of any public
comments received during a public hearing may be limited by the applicable
board or committee.
[Added 3-14-2006 by L.L. No. 4-2006]
REPAIR
The patching, restoration and/or minor replacement of materials,
elements, components, equipment and/or fixtures for the purpose of
maintaining such materials, elements, components, equipment and/or
fixtures in good or sound condition.
[Added 12-14-2004 by L.L. No. 23-2004]
RETAINING WALL
A wall designed to retain or resist the lateral displacement
of earth or other materials, whether or not it serves to enclose or
subdivide any part of the lot in which it is located.
[Added 12-14-2004 by L.L. No. 22-2004]
ROOMING HOUSE, LODGING HOUSE OR BOARDING HOUSE
Any building or portion thereof containing up to six rooms
that are used, rented or hired out to be occupied or that are occupied
for sleeping purposes for compensation, whether the compensation is
paid directly or indirectly.
[Amended 4-27-2004 by L.L. No. 5-2004]
SHOPPING CENTER
A development in a C1-P Planned Neighborhood Retail District
or an OB-S Office Building and Business District which is composed
of one or more buildings with a mix of at least two principal or special
permit uses in a single building, as permitted in the zoning district
in which the shopping center is located. A shopping center shall be
considered "existing" if it was constructed pursuant to a building
permit issued on or before January 28, 2014.
[Added 1-28-2014 by L.L. No. 2-2014]
SIGN
Any device for visual communication which is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any flag, badge or insignia of any governmental
agency or any civil, charitable, religious, patriotic or fraternal
or similar organization.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above or, if there is
no floor above it, then the space between the floor and the ceiling
next above it. A basement will be deemed a story if the finished ceiling
is five feet or more above the mean level of the natural grade around
the building.
[Amended 12-13-2005 by L.L. No. 24-2005]
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STREET
Any existing state, county or Village highway or a road shown
upon a subdivision plat duly approved by the Village Board or by the
Planning Board, where applicable, or filed and recorded in the office
of the County Clerk and suitably improved in accordance with applicable
law to the satisfaction of the approving board.
[Amended 3-24-1998 by L.L. No. 2-1998; 3-22-2005 by L.L. No.
5-2005]
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
TEARDOWN
The alteration or reconstruction of a dwelling, either in
its entirety or substantially down to the first floor, which determination
shall be made by the Building Inspector. The Building Inspector's
decision shall be appealed to the Planning Board, whose decision shall
be final.
[Added 12-13-2005 by L.L.
No. 22-2005; amended 6-27-2017 by L.L. No. 8-2017]
TOURIST HOME
A building of residential character, offering lodging with
or without meals to transients for compensation.
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 building and is located on the same
lot therewith.
YARD
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except for certain features specified in §
250-6 of Article
IV. 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 from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid section as not to be considered in measuring yard dimensions or as being permitted to extend in to 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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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 and rear
lot line as may be.