Village of Pleasantville, NY General Provisions

A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the U.S. Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% of AMI, adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

ASSISTED-LIVING RESIDENCE

A rental unit that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant paid utilities, does not exceed 30% of 60% of AMI adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

ALTERATIONS

Any change or rearrangement to a structure other than repairs; any modification in construction or in building equipment.

[Amended 9-25-2017 by L.L. No. 4-2017]

AMATEUR RADIO ANTENNA

Any antenna used to receive and/or transmit radio signals on the amateur radio bandwidth, as designated by the Federal Communications Commission, for recreational, hobby or noncommercial use.

ANTENNA

An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service (whether on its own or with other types of services). For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Part 15 of Title 47 of the Code of Federal Regulations.

[Amended 7-8-2019 by L.L. No. 3-2019]

A dwelling which is designed, intended and operated for and whose occupancy is restricted to persons 62 years of age or older and in which housekeeping and personal care services, other than medical care, are provided, in addition to food service and shelter. The term "assisted-living residence" shall not be deemed to include a boardinghouse or a nursing home.

AVERAGE GRADE

A reference plane representing the more restrictive (lowest) average of the existing or finished ground level adjoining the building at all exterior walls. See the definition for height and the diagram in Appendix I.[1]

[Added 9-25-2017 by L.L. No. 4-2017; amended 6-14-2021 by L.L. No. 5-2021]

BASEMENT

A story partly below grade level but having at least 1/2 its height (measured from floor to ceiling) above the average grade of the ground adjoining the buildings.

[Amended 6-14-2021 by L.L. No. 5-2021]

BASE STATION

A structure or equipment at a fixed location that enables a federally licensed or authorized wireless communications between user equipment and a communications network.

[Added 7-8-2019 by L.L. No. 3-2019]

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and microcell networks).

The term includes any structure that supports or houses equipment described in Subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.

The term does not include any structure that, at the time the relevant application is filed with the Village under this chapter, does not support or house equipment described in Subsections (1) and (2) of this definition.

BOARDER or ROOMER

A person who permanently occupies a room in a dwelling unit for sleeping purposes for which he or she pays monetary or other compensation directly or indirectly to the property owner residing therein.

BOARDINGHOUSE

Any building in which persons either individually or as families are housed or lodged for hire, with or without meals, in addition to the primary family. A rooming house, furnished rooming house and tourist home shall be deemed a boardinghouse. A dwelling unit that houses boarders or roomers pursuant to § 185-48E of this chapter shall not be deemed a boardinghouse.

BUILDING

Any structure specifically having a roof supported by walls, columns, piers and any structural type frame and intended for the shelter, housing or enclosure of persons, animals, chattel or space; shall include the term "accessory building."

[Amended 9-25-2017 by L.L. No. 4-2017]

BUILDING, ACCESSORY

A building whose use is related, but incidental and subordinate, to that of the primary building on the lot. Accessory buildings include but are not limited to garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents of the premises.

[Amended 9-25-2017 by L.L. No. 4-2017]

CELLAR

A story partly underground and having more than 1/2 of its height below the average grade of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

[Amended 9-25-2017 by L.L. No. 4-2017; 6-14-2021 by L.L. No. 5-2021]

CO-LOCATION

Consistent with the Nationwide Programmatic Agreement (NPA) for the co-location of wireless antennas:

[Amended 7-8-2019 by L.L. No. 3-2019]

Mounting or installing an antenna facility on a preexisting structure; and/or

Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

COMMERCIAL VEHICLE

A motor vehicle with commercial license plates or combination license plates used for business or commercial purposes, including any trailers and semitrailers and tractors when used in combination with trailers and semitrailers and:

Bearing advertising on the vehicle, including but not limited to the name of the business, the telephone number or the hours of operation;

Any vehicle which has the capability to dump; or

DISTRIBUTED ANTENNA SYSTEM (DAS)

Any vehicle classified as a jitney bus, school bus or school van.

COURT

An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on three or more sides by the walls of such a building.

COURT, INNER

A court enclosed on all sides by exterior walls of a building or by such walls and an interior lot line of the premises.

COURT, OUTER

A court enclosed on three sides by exterior walls of a building.

COVERAGE, BUILDING

That percentage of the gross lot area covered by the combined areas of all buildings on the lot, plus the areas of all decks and porches as viewed from above, excluding roof overhangs up to two feet projection and structures located wholly underground. The term shall not include the items listed under the definition for "structure," except all detached accessory buildings; generators; and structures such as pergolas, porches and trellises.

[Amended 9-25-2017 by L.L. No. 4-2017]

COVERAGE, DEVELOPMENT

That percentage of the lot area covered by the combined areas of all buildings, structures, parking areas and impervious materials.

CURB LEVEL

The officially established grade of the curb in front of the midpoint of the lot. Where no curb exists, the officially established street grade may be substituted for the curb level.

DECK

An unroofed, unclosed structure, whether attached to and projecting out from the wall or walls of a building or freestanding, the top of which is located more than 12 inches above grade level. The term "deck" shall include the term "balcony" for purposes of this chapter.

DELICATESSEN

An establishment whose principal business is the retail sale of food and beverages ordered from a counter or display case where the patron selects from a variety of ingredients which are assembled on a customized basis as requested by the patron and/or are available separately for purchase by weight or quantity, which food and beverages are sold primarily for consumption off the premises. The term "delicatessen" shall not include a supermarket or grocery store.

A network of spatially separated antenna sites connected to a common source that provides wireless communications services within a geographic area or structure.

[Added 7-8-2019 by L.L. No. 3-2019]

DWELLING

A building or portion thereof used as living quarters for a family. The term "dwelling" or "dwelling unit" shall not be deemed to include an assisted-living residence, boardinghouse, commune, convent, dormitory, fraternity, guesthouse, hotel, lodging house, mobile home, monastery, motel, nursing home, recreational vehicle, rooming house, seminary, sorority, tent, tourist home, trailer court or a building used for another similar function.

DWELLING, MULTIPLE

A detached building containing three or more dwelling units.

DWELLING, ONE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A detached building containing two dwelling units only.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

ELIGIBLE SUPPORT STRUCTURE

Any wireless telecommunication tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the Village of Pleasantville.

[Added 7-8-2019 by L.L. No. 3-2019]

ENLARGEMENT

An increase in the size of an existing structure, building or use, including the physical size of a property, structure, building, parking or other improvements.

[Added 9-25-2017 by L.L. No. 4-2017]

FAMILY

One person or a householder, plus one or more persons related to the householder or to the householder's spouse by blood, marriage, legal adoption or guardianship, along with live-in servants, living together and sharing meals in a domestic relationship as a single, not-for-profit housekeeping unit in a dwelling containing kitchen facilities; or

A group of persons headed by a householder taking care of or responsible for the care of a reasonable number of dependent individuals in a domestic relationship that in theory, size, appearance and structure is the functional and factual equivalent of a traditional family of related persons living together and sharing meals as a single, not-for-profit housekeeping unit in a dwelling containing kitchen facilities; or

FLOOR AREA, GROSS AGGREGATE

A maximum of four persons, not all of whom share a relationship as described in Subsection (1) or (2) hereof.

The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Where there is interior space within a building at greater than 12 feet of ceiling height, such interior space shall be counted at 1.5 times for the purposes of calculating floor area ratio (FAR). Gross aggregate floor area shall exclude:

[Amended 9-25-2017 by L.L. No. 4-2017; 6-14-2021 by L.L. No. 5-2021]

In any building existing as of June 14, 2021, attic space, whether or not deemed a story or a "habitable attic" per Uniform Code of NYS;

In any building newly constructed as of June 14, 2021, attics not deemed a story or a "habitable attic" per Uniform Code of NYS;

Cellars;

Basement areas used for incidental storage or for the operation and maintenance of the building;

Any areas devoted only to accessory off-street parking or loading;

Open roof-covered porches, crawl spaces, unenclosed attached decks, unconditioned enclosed porches or breezeways; and

(7)

Detached accessory structures that meet height, setback, and building coverage requirements or have previously received a variance for those requirements.

FLOOR AREA, GROSS GROUND

The aggregate area of the ground floor of a dwelling unit with a ceiling height of seven feet six inches or more, excluding the area of any cellar, porch (open or enclosed) or similar part of an attachment to a dwelling.

FLOOR AREA RATIO (FAR)

The gross aggregate floor area, in square feet, of all buildings on a lot, divided by the gross lot area of such lot, in square feet.

FRONTAGE

The extent of a lot along a street.

GRADE, EXISTING

The existing surface elevation of land at a given point or place before any alteration of the land is undertaken.

[Added 6-14-2021 by L.L. No. 5-2021]

GRADE, FINISHED

The natural surface of the ground or, if the existing grade is changed, the surface of the ground after completion of any regrading.

HEIGHT

The vertical distance measured from the average grade of a building or structure measured from a distance six feet horizontally from said building or structure to the highest point of the roof for flat or mansard roofs or to the mean height between the eaves and the ridge for other types of roofs or, if a structure without a roof, then to the highest point of the structure. In addition, where "grade" is defined to be the average level of the ground adjacent to the building, the average height of the building wall facing the street shall not exceed 1.25 times the maximum height allowed in that district. The height limitations specified in each district shall not apply to:

[Amended 9-25-2017 by L.L. No. 4-2017; 7-8-2019 by L.L. No. 3-2019; 6-14-2021 by L.L. No. 5-2021]

Spires, belfries, cupolas and domes not for human occupancy, water towers, chimneys or flagpoles or parapets and guardrails for safety purposes not to exceed three feet high.

HIGH-VOLTAGE ELECTRIC TRANSMISSION TOWER

Bulkheads, elevator penthouses, fire towers, cooling towers, air-conditioning structures or other similar structures, provided that such structures:

(a)

Do not occupy more than an aggregate 25% of the area of the roof;

(b)

Are set back at least 10 feet from the front and rear walls and three feet from the side walls of the building; except that walls of elevators and stair enclosures may be built as upward extensions of the side walls where required by the plan of the building; and

(c)

Do not exceed 15 feet in height; except that such structures may be increased one foot in height for every one foot the structure is set back more than 10 feet from the nearest wall.

Any tower or elevated structure used to transport more than 69 kV of electricity.

[Added 7-22-2013 by L.L. No. 6-2013]

HOME OCCUPATION

Any business, professional, artistic or educational activity conducted entirely within a dwelling and carried on by the residents thereof who are personally present during the operation of the home occupation, which activity is directed toward the generation of a fee, income or other form of consideration (whether or not such use is carried on for profit), is clearly incidental and subordinate to the use of the dwelling for residential purposes and does not change the character thereof, as further regulated by this chapter. The conducting of a boardinghouse, rooming house, tourist home or any similar use shall not be deemed a "home occupation."

HOUSEHOLDER

An individual who resides in a dwelling unit and who either owns or rents such unit or is an agent or employee of an agency or entity that owns or rents such unit.

LOT

A parcel of land, considered as a unit, capable of being devoted to a certain use or is occupied by a building or group of buildings that are related by a common interest or use.

LOT AREA

The total horizontal area included within the lot lines.

LOT, CORNER

[Amended 9-25-2017 by L.L. No. 4-2017]

A lot located at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°;

Any lot abutting a curved street, where the interior angle formed by the intersection of lines drawn tangent to the street at the points of intersection of street and lot lines does not exceed 135°; or

MEDICAL MARIJUANA DISPENSARY

Consists of two front yards and two side yards but no required rear yard.

LOT DEPTH

The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear. Such distance shall be defined by a continuous unbroken straight line measured and lying wholly within the boundaries of the lot.

LOT, INTERIOR

A lot which is not a corner lot.

LOT, LANDLOCKED

A lot that has no frontage on a street and to which access is gained by way of an easement.

LOT LINE

A line dividing one premises from another or from a street or other public space.

LOT LINE, FRONT

In the case of a lot abutting upon only one street, the line(s) separating the lot from the street; or in the case of a lot abutting upon more than one street but not deemed a corner lot, the line(s) separating the lot from the street and generally opposite and closest to the longest side of the principal building located thereon; or in the case of a lot having no frontage and deriving access to a street by way of an easement, the lot line that is generally parallel to and nearest the street from which the lot derives access shall be deemed the "front lot line." In addition, in the case of a through lot having frontage on two streets, the front yard setback and all other requirements applicable to front yards shall apply to both streets.

[Amended 9-25-2017 by L.L. No. 4-2017]

LOT LINE, REAR

The lot line(s) opposite the front lot line(s); 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 lot line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line. All lots shall contain a rear lot line.

LOT LINE, SIDE

The property line(s) extending from the front lot line to the rear lot line.

LOT, THROUGH

A lot which is not a corner lot and which has two street lines and consists of two front yards, two side yards but no required rear yard.

LOT WIDTH

The distance between straight lines connecting front and rear lines at each side of a lot, measured across the required minimum front yard setback line. Such distance shall be defined by a continuous unbroken straight line measured wholly within the boundaries of the lot.

MARIJUANA

Shall have the same definition ascribed to "marihuana" in § 3302 of the New York Public Health Law.

[Added 2-25-2019 by L.L. No. 1-2019]

MARIJUANA PRODUCT

Marijuana and/or any material, substance or other thing derived (in any manner) from marijuana or which contains marijuana as a component part in any amount or concentration.

[Added 2-25-2019 by L.L. No. 1-2019]

MARIJUANA RETAIL STORE

A building, structure or premises engaged in the sale, use or distribution of marijuana and/or marijuana products for nonmedical use. A building, structure or premises shall be considered a marijuana retail store regardless of whether products in addition to marijuana products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of marijuana or marijuana products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.

[Added 2-25-2019 by L.L. No. 1-2019]

MEDICAL MARIJUANA

Shall have the same definition ascribed to medical marihuana in § 3360 of the New York Public Health Law.

[Added 2-25-2019 by L.L. No. 1-2019]

A building, structure or premises authorized by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.

[Added 2-25-2019 by L.L. No. 1-2019]

MICROCELL FACILITY

Microcells are low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. A microcell facility meets both the following qualifications: each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and all other wireless equipment associated with the facility is cumulatively no more than 17 cubic feet in volume.

[Added 7-8-2019 by L.L. No. 3-2019]

MODIFICATION OF A WIRELESS TELECOMMUNICATIONS FACILITY

The improvement, upgrade or expansion of existing wireless communications facilities, or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless communications facilities.

[Added 7-8-2019 by L.L. No. 3-2019]

MONOPOLE

A wireless communications support structure which consists of a single pole, designed and erected on the ground or on top of a structure, to support a wireless communications antenna and accessory equipment.

[Amended 7-8-2019 by L.L. No. 3-2019]

NIER

Nonionizing electromagnetic radiation.

NONCOMMERCIAL TRAILER

Any vehicle used for the transportation of items, such as but not limited to boats, snowmobiles and mechanical equipment.

NONCONFORMING BUILDING

An existing building which contains a use permitted in the district in which it is located but which does not comply with one or more district regulations for lot area, width or depth; front, side or rear yard; maximum height or lot coverage; or off-street parking or loading area.

NONCONFORMING USE

Use of a building, structure or land that does not conform to the permitted uses prescribed for the district in which it is situated, which use existed and was not prohibited by the Village's zoning regulations at the time the use was established.

[Amended 11-22-1999 by L.L. No. 12-1999]

NON-SMALL WIRELESS FACILITY

Any wireless telecommunications facility that is not a small wireless facility as defined herein.

[Added 7-8-2019 by L.L. No. 3-2019]

PARKING SPACE

A designated or marked parking area for a motor vehicle. Standard-size parking spaces shall be a minimum of eight feet six inches wide and 18 feet long. Compact-car parking spaces shall be a minimum of seven feet six inches wide and 15 feet long. For purposes of demonstrating compliance with the off-street parking requirements of § 185-36 of this chapter, no more than one parking space shall be stacked behind another for each dwelling unit in a one-family or two-family dwelling, and no stacking of parking spaces shall be permitted for any other use.

PORCH

A roofed structure attached to and projecting out from the wall or walls of a building and which may be open to the weather.

PROFESSIONAL OFFICE

The office of a person and related staff engaged in an occupation in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them or otherwise serving their interest or welfare through the practice of an art founded on such knowledge. The word "professional" implies attainment 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 state or national professional organization may be considered sufficient to establish the status of a person engaged in such occupation. A professional office may include, but shall not be limited to, the office of an accountant, architect, artist, chiropractor, consultant, craftsperson, dentist, designer, engineer, insurance broker, lawyer, musician, optometrist, physician, psychologist, real estate broker, surgeon, therapist, teacher or writer.

PROPERTY LINE

A line establishing the boundaries of the premises.

PUBLIC UTILITY

Persons, firms or corporations supplying gas, electricity, water, power, transportation, television, cable or telephone service to the general public, including wireless telecommunications services facilities which are regulated separately under this chapter.[2]

RECEPTION WINDOW

The area within the direct line between a satellite antenna and those orbiting communication satellites carrying available programming.

RECREATIONAL VEHICLES

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 nor commercial use; included as recreational vehicles, but not to the exclusion of any other types not mentioned in this section, are 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); boat trailers, with and without boats mounted thereon; and truck caps.

TRAILERS, TRAILER COACHES and FIFTH-WHEEL TRAILERSRecreational vehicles constructed with integral wheels to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup or panel trucks and similar motor vehicles, but not including truck tractors of any type.

CAMPING TRAILERA type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth or some form of rigid material, such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.

PICKUP (SLIDE-IN) CAMPERS and TRUCK CAPSRecreational structures designed to be mounted temporarily or permanently in the beds of light trucks, with the trucks having either single or double rear wheels and with or without an assisting, extra tag axle and wheels mounted either on the camper chassis or the truck chassis behind the truck's rear wheels. These campers can be demounted easily from the truck beds.

CHASSIS MOUNTS, MOTOR HOMES and MINI-MOTOR HOMESRecreational structures constructed integrally with a truck or motor-van chassis and incapable of being separated therefrom. The truck or motor-van chassis may have single or double rear wheels.

CONVERTED VANS and CHOPPED VANSRecreational structures which are created by altering or changing an existing auto van to make it into a recreational vehicle meeting the requirements as above defined.

REPLACEMENT OF WIRELESS TELECOMMUNICATIONS FACILITY

BOAT TRAILER or SNOWMOBILE TRAILERA vehicle on which a boat or snowmobile may be transported and which is towable by a passenger car, station wagon, pickup truck or mobile, recreational vehicle as above defined.

The replacement of an existing wireless communications antenna on any existing support structure or on existing accessory equipment for maintenance, repair or technological advancement with equipment composed of the same wind-loading and structural-loading that is substantially similar in size, weight, and height as the existing wireless communications antenna and which does not substantially change the physical dimensions of any existing support structure.

[Added 7-8-2019 by L.L. No. 3-2019]

RESTAURANT

An establishment whose principal business is the retail sale of food in a ready-to-consume state for consumption on the premises, which foods are served by employees of the establishment to patrons seated at a table or counter. The term "restaurant" shall not include "fast-food restaurants" or the term "cabaret" as defined in Chapter 76, Cabarets and Adult Entertainment, of the Village Code.

RESTAURANT, FAST-FOOD

An establishment whose principal business is the retail sale of ready-to-consume food and beverages served in disposable wrappers or containers and selected by patrons from a limited number of specialized items such as but not limited to hamburgers, chicken, fish and chips, pizza, tacos and hot dogs, which are prepared according to standardized procedures for consumption either on or off the premises, whether or not customer seating is provided, in a facility where a substantial portion of the sales to the public is by carry-out or stand-up service from a counter-type installation. The term "fast-food restaurant" shall not include bakeries, delicatessens or ice cream parlors, provided that such establishments do not contain more than eight seats for customer use. If more than eight seats are provided in such establishments, they shall be considered fast-food restaurants.

SATELLITE ANTENNA

Any antenna used to receive or to receive and transmit television signals from orbiting communication satellites.

SCHOOL, PRIVATE

A kindergarten, primary or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of public school; or a day-care center or nursery school, specifically designed and used to provide care, instruction and recreation for two or more children under six years of age.

SCHOOL, PUBLIC

An educational institution operated by a public school district under the laws of the State of New York.

SELF-SERVICE STORAGE FACILITY

A building or group of buildings divided into separate compartments that are rented, leased or otherwise used by individuals or small businesses for storage of such items as personal property, household goods and equipment, and which may include refrigerated facilities, provided that such storage shall be consistent with the provisions of § 185-48B of this chapter.

[Added 8-23-2004 by L.L. No. 9-2004]

SIGN

Any structure, device, fixture or placard that uses any color, form, illumination, representation, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.

SMALL WIRELESS FACILITY

A wireless telecommunications facility, including, but not limited to, DAS and microcells, that meets each of the following conditions:

[Added 7-8-2019 by L.L. No. 3-2019]

The structure on which antenna facilities are mounted:

(a)

Is 50 feet or less in height;

(b)

Is no more than 10% taller than other adjacent structures; or

(c)

Is not extended to a height of more than 10% above its preexisting height as a result of the co-location of new antenna facilities; and

Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume;

All antenna equipment associated with the facility (excluding antennas and backup power and related backup power equipment) is cumulatively no more than 28 cubic feet in volume;

The facility does not require antenna structure registration under 47 CFR 17.4;

The facility is not located on tribal lands, as defined under 36 CFR 800.16(x); and

The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in Rule 1.1307(b).[3]

SPORT COURT

An outdoor recreational facility used for the play of basketball and racquet sports such as but not limited to tennis and platform tennis. A driveway on which a basketball hoop is erected shall not be considered a sport court.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless telecommunications facilities which render them more visually appealing or which serve to 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 facilities, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles, and the like.

[Added 7-8-2019 by L.L. No. 3-2019]

STORY

That portion of a building, exclusive of cellars but inclusive of basements, which is between one floor level and the next higher floor level or the roof.

STORY, HALF

Any space directly under a roof, measured from the uppermost interior point of the roof to the top of the closest structural beams (exclusive of collar beams) next below it, where such space is less than seven feet six inches in height or where no more than 50% of such space is seven feet six inches or greater in height. Any space not meeting this definition shall be classified as a "story." Multiple half stories shall be additive in determining the total number of stories in a building.

STREET

An existing state, county or Village road or highway, a street shown upon a plat approved by the Planning Commission or a street shown on a plat duly filed and recorded in the office of the County Clerk prior to October 26, 1953.

STREET LINE

The dividing line between a lot and a street.

STRUCTURE

An assembly of materials forming any construction, framed of component structural parts for occupancy or use. The term "structure" shall include the term "building" as well as but not limited to the following accessory structures:

[Amended 9-25-2017 by L.L. No. 4-2017; 7-8-2019 by L.L. No. 3-2019]

Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.

Fences over six feet six inches in height.

Walls, other than retaining and garden walls less than four feet in height.

Wireless telecommunications services facilities.

Detached pergolas, porches, patios, terraces, sheds and other similar structures.

Swimming pools.

(7)

Attached and detached wooden decks.

(8)

Generators. HVAC condensing units, solar voltaic panels and similar.

SUBSTANTIAL CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

[Added 7-8-2019 by L.L. No. 3-2019]

For wireless telecommunication towers other than towers in the public rights-of-way, it increases the height of the wireless telecommunication tower 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 other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater;

For wireless telecommunication towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the wireless telecommunication tower that would protrude from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for wireless telecommunication towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

It entails any excavation or deployment outside the current site;

It would defeat the concealment elements and/or stealth technology elements of the eligible support structure; or

WIRELESS TELECOMMUNICATIONS FACILITY

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsections (1) through (5) above.

SWIMMING POOL

An outdoor water pool which is not operated for gain and which is intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. For purposes of this chapter, an "outdoor water pool" is construed to mean any swimming pool, tank, depression, excavation, dike or berm which will cause the retaining of water to a greater depth than 18 inches and having a plane surface area of water greater than 100 square feet.

TERRACE

An uncovered flat platform of earth or other natural material with or without retaining walls but containing an unvegetated surface material, the top platform surface of which is located 12 inches or less above grade level. Any such platform that is bordered along 50% or more of its perimeter by an aboveground wall, fence or railing shall be treated as a deck, not a terrace, for the purpose of this chapter. Any such platform with a roof or awning shall be considered a porch. The term "terrace" shall include the term "patio" for the purpose of this chapter.

TOWNHOUSE

A dwelling unit extending from basement to roof with a party wall separating it from one or more adjoining dwelling units.

TRANSMISSION EQUIPMENT

Equipment that facilitates transmission for any Federal Communications Commission ("Commission")-licensed or -authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

[Added 7-8-2019 by L.L. No. 3-2019]

USABLE OPEN SPACE

An unenclosed singular portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active and passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all said occupants by means of access other than stairs.

USE, ACCESSORY

A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building.

UTILITY POLE

A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function, regardless of ownership, including Village-owned poles or poles owned by other utility companies.

[Added 7-8-2019 by L.L. No. 3-2019]

WAREHOUSING USE

The storage indoors of merchandise, supplies and/or other commodities consistent with the provisions of § 185-48B of this chapter or the storage and distribution of such items by one or more commercial or business interests but not open to the public except as permitted for incidental retail sales in accordance with the provisions of § 185-23A(4) of this chapter. A warehousing use shall not be deemed to include the accessory storage area normally associated with a retail business and located on the same property as such retail business. The term "warehousing use" shall not include the term "self-service storage facility" as that term is defined in this chapter.

[Added 8-23-2004 by L.L. No. 9-2004]

WHOLESALE BUSINESS

A place of business primarily engaged in selling merchandise to retailers and/or wholesalers for purposes of resale; to industrial, commercial, institutional and/or professional businesses for purposes of resale; and/or acting as agents or brokers and buying merchandise for or selling merchandise to such entities. Any merchandise stored in the premises where such wholesale business is conducted shall comply with the provisions of § 185-48B of this chapter. The term “wholesale business” shall not include a “wholesale price club” as that term is defined in this chapter.

[Added 8-23-2004 by L.L. No. 9-2004]

WHOLESALE PRICE CLUB

An establishment that sells predominantly food and household merchandise at a discount and/or in bulk, multipack or institutional-sized quantities to customers who are required to join and may be required to pay an annual fee.

[Added 8-23-2004 by L.L. No. 9-2004]

A structure, facility or location designed or intended to be used as, or used to support, antennas, along with any antennas located on such structure and any accessory equipment. It includes, without limit, freestanding towers, guyed towers, monopoles, DAS, microcell or small wireless facilities on utility poles in the public right-of-way or property of the Village or within the Village and similar structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It includes any structure, antennas and accessory equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave telecommunications or other cellular communications technologies, but excluding those used exclusively for the Village's fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.

[Amended 11-13-2000 by L.L. No. 14-2000; 7-22-2013 by L.L. No. 6-2013; 7-8-2019 by L.L. No. 3-2019]

WIRELESS TELECOMMUNICATIONS PROVIDER

A wireless telecommunications infrastructure provider or a wireless telecommunications services provider.

[Added 7-8-2019 by L.L. No. 3-2019]

WIRELESS TELECOMMUNICATIONS SERVICES

The provision of wireless telecommunications services, including those more commonly referred to as "cellular phones," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" 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.

WIRELESS TELECOMMUNICATION TOWER

Any structure built for the sole or primary purpose of supporting federally licensed or authorized antennas, including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that tower but not installed as part of an antenna as defined in this section.

[Added 7-8-2019 by L.L. No. 3-2019]

YARD

An unoccupied ground area fully open to the sky, on the same lot on which the building stands, which extends the entire length of the front, rear or side lot line.

YARD, FRONTThe yard between the street line and a line drawn parallel thereto, as required in the individual zoning district.

YARD, REARThe yard between the rear lot line and a line drawn parallel thereto, as required in the individual zoning district.