A.
This chapter is a local law establishing zoning and
planning regulations for the Village of Hastings-on-Hudson and providing
for the administration and enactment thereof, pursuant to Article
7 of the Village Law of the State of New York, as amended.
B.
The Village Board of Trustees of the Village of Hastings-on-Hudson,
by virtue of the power and authority vested in it by law, ordains
and enacts the following local law, which shall be known and may be
cited as the "Local Zoning and Planning Law of the Village of Hastings-on-Hudson,
New York."
The comprehensive plan of land use, type, location
and development intensity for the Village of Hastings-on-Hudson set
forth in the text, map and schedule that constitute this chapter is
adopted for the purposes set forth in the Village Law and is intended
in general:
A.
To promote and protect the health, safety and general
welfare of the community;
B.
To regulate, control and restrict the type, intensity,
density and location of land and building use in relation to, but
not limited to, such matters as height, number of stories and size
of buildings and other structures, the percentage of lots that may
be occupied, the size of lots, courts and other open spaces, the density
of population and the limits and use of buildings, structures and
land for trade, industry, residence or other purpose and other factors;
and
C.
To provide a Board of Appeals to determine and vary
the application of those zoning regulations in harmony with the general
purpose and intent, and in accordance with general and specific objectives
and rules, herein contained.
The following specific objectives are hereby
established in support of, and in addition to, the purposes stated
above:
A.
To guide the future development of the Village in
accordance with a comprehensive plan designed to represent and promote
the most beneficial and convenient relationship among the residential,
commercial, industrial and public areas of the Village, considering
the suitability of each area for such uses, as indicated by existing
conditions, trends and development and changing modes in living, and
having due regard for the use of land, building development and social,
cultural and economic activity, both within the Village and with respect
to the relationship of the Village to areas outside of it.
B.
To secure safety from fire, flood, panic and other
dangers.
C.
To provide adequate light, air and privacy and to
preserve solar access.
D.
To prevent overcrowding of the land and undue congestion
of population.
E.
To promote the most beneficial relationship between
the use of land and buildings and the circulation of traffic throughout
the Village, having particular regard to the avoidance of congestion
of streets and provision of safe and convenient vehicular and pedestrian
traffic movements appropriate to the various uses of land and buildings
throughout the Village.
F.
To facilitate and support the adequate provision and
maintenance of roads, driveways, traffic, and transportation facilities,
water, schools, parks and other public requirements and facilities.
G.
To protect, maintain, conserve and enhance the value
of land and buildings and the social, economic, aesthetic and environmental
stability and viability of all parts of the Village.
H.
To prevent the pollution of watercourses and wetlands;
to safeguard the water table; to preserve the beneficial effects of
wetlands; to avoid hazardous conditions and excessive damage resulting
from stormwater runoff and flooding; and to encourage the appropriate
use and sound management of natural resources throughout the Village.
I.
To preserve and maintain the natural beauty of the
physiography, geography and plant material of the Village; to preserve
significant views and vistas of natural and man-made beauty or interest;
to protect the Village against unsightly, obtrusive and obnoxious
land uses and operations; to enhance the aesthetic aspect of the natural
and man-made elements of the Village; and to ensure appropriate development
with regard to those elements.
J.
To redevelop and revitalize the Hastings Riverfront
to provide for a sound balance of residential, recreational and commercial
uses, and to preserve waterfront views, public access and the ecology
of the river.
K.
To promote the preservation, maintenance and enhancement
of the existing historic character of the Village; and to encourage
the development of uses that would add to or be in harmony with that
character, through such facilities as building and structure design,
color and texture, signs, lighting, landscaping and other site plan
elements.
L.
To assist in the provision of adequate and suitably
located areas for recreation activities and the preservation of appropriate
open spaces.
M.
To bring about the gradual conformity of the uses
of land and buildings throughout the Village to the adopted comprehensive
zoning plan and to minimize conflicts among the uses of land and buildings.
A.
Interpretation.
(1)
The provisions of this chapter, as interpreted and applied, shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare, and, more particularly, for the purposes and objectives set forth in §§ 295-2 and 295-3 above, and for the provision of a gradual remedy for existing conditions that are detrimental thereto.
(2)
It is not intended by this chapter to interfere with
or abrogate or annul any easement, covenant or other agreement between
parties; provided, however, that when this chapter imposes a greater
restriction on the use of buildings or land or on the heights of buildings
or requires larger open spaces, or makes any other greater requirements
than any imposed or required by any easements, covenants or agreements,
the provisions of this chapter shall control.
(3)
Whenever any provision of this chapter differs from
any other provision of this chapter or from any provision of any other
law, ordinance or resolution of any kind, that provision which is
the more restrictive, or which imposes a higher standard, shall govern.
B.
Common meaning. The words in this chapter shall be
construed in accordance with their common meaning unless their context
requires a different interpretation or unless they are otherwise defined
in this chapter.
D.
Designation of officials. Wherever the Village Manager,
Building Inspector or other Village official is designated in this
chapter, that designation shall be deemed to include an Acting Village
Manager, Acting Building Inspector or other person duly appointed
to act in the place and stead of the designated person.
E.
Specific rules of construction. The following rules
of construction apply to the text of this chapter:
(1)
The particular shall control the general.
(2)
In case of any difference of meaning or implication
between the text of this chapter and any caption, illustration, summary
table or illustrative table, the text shall control.
(3)
Unless the context clearly indicates otherwise, words
stated in the present tense include the future, the singular includes
the plural and the plural includes the singular.
(4)
The words "shall" and "must" are mandatory and not
discretionary and do not indicate mere futurity unless the context
clearly so requires. The word "may" is permissive.
(5)
The word "building" includes "structure"; the word
"structure" includes "building"; a "building" or "structure" includes
any part thereof.
(6)
The word "used" includes the word "occupied"; the
word "occupied" includes the word "used"; and the words "used" and
"occupied" shall be construed to include the words "intended, arranged,
maintained or designed to be used or occupied," unless the context
clearly indicates otherwise.
(7)
The word "person" includes individuals, corporations,
firms, partnerships, associations, joint ventures, any combination
thereof and organizations of any type, and anyone acting on their
behalf.
(8)
The word "premises" shall include land and the buildings
thereon.
(9)
The word "lot" includes the words "plot" and "parcel."
(10)
The words "he," "she" and "it" include each
other.
(11)
Unless the context clearly indicates otherwise,
where a regulation involves two or more items, conditions, provisions
or events connected by the conjunction "and," "or" or "either...or,"
the conjunction shall be interpreted as follows:
(a)
"And" indicates that all the connected items,
conditions, provisions or events shall apply.
(b)
"Or" indicates that the connected items, conditions,
provisions or events may apply singly or in any combination.
(c)
"Either...or" indicates that the connected items,
conditions, provisions or events shall apply singly but not in combination.
(12)
The word "includes" shall not limit a term to
the specified examples but is intended to extend its meaning to all
other instances or circumstances of like kind or character.
(13)
Unless the context clearly indicates otherwise,
all distances in this chapter shall be measured horizontally.
[Amended 3-21-1995 by L.L. No. 3-1995; 2-17-1998 by L.L. No.
1-1998; 1-21-2003 by L.L. No. 1-2003]
As used in this chapter, the following terms
shall have the meanings indicated:
A dwelling unit in a permitted one-family residence, including
the principal dwelling and any other building on the lot, which is
subordinate to the principal one-family dwelling unit in terms of
size, location and appearance, and provides complete housekeeping
facilities for one family, including independent cooking, bathroom
and sleeping facilities, with physically separate access from any
other dwelling units.
Handicapped-adaptable individual or multifamily dwelling
units with individual kitchens and bathrooms where, because of age
and either disability or infirmity of the residents, the following
services are provided to residents within the dwelling unit or in
common facilities on site: dining, laundry, security and housekeeping.
Residents may have the option of cooking for themselves, being provided
with meals in their rooms, or eating in a common dining facility on-site.
An active adult/independent living facility does not require licensure
or oversight by the New York State Health Department. Any in-home
care, doctors' visits, or other health-related services are arranged
for privately by the resident.
[Added 12-17-2019 by L.L.
No. 14-2019]
Each of the following is an affordable housing unit:
[Added 1-8-2013 by L.L. No. 1-2013]
A for-purchase housing unit that must be sold to a household
whose income does not exceed 80% of the AMI and for which the annual
housing cost of a unit, including common charges, principal, interest,
taxes and insurance, does not exceed 33% of 70% of the AMI, adjusted
for household size, and that must be marketed in accordance with the
requirements, policies and protocols established by the County of
Westchester, as amended from time to time.
A rental unit that must be leased to a household whose income
does not exceed 60% of the 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 the AMI, adjusted for household size, and
that must be marketed in accordance with the requirements, policies
and protocols established by the County of Westchester, as amended
from time to time.
To change or rearrange the walls, roof, ceiling, floors,
supporting beams, columns or other structural parts, the interior
plan or layout, the exterior architectural features or the exit facilities
of a building or structure, or the moving of a building from one location
to another.
Area median income for Westchester County as defined annually
by the U.S. Department of Housing and Urban Development (HUD).
[Added 1-8-2013 by L.L. No. 1-2013]
A device used in communications that converts radio frequency
electrical energy to radiated electromagnetic energy and vice versa;
in a transmitting station, an antenna is the device from which radio
waves are emitted.
The Village boards, agencies, officers, employees and officials
whose approval is required for an action.
The Architectural Review Board of the Village of Hastings-on-Hudson.
A building or portion of a building used by an artist or
artists for the development, display, and sale of art and the instruction
in a personal artistic skill such as fine arts, performing arts, martial
arts, crafts, dance, and music.
A residential facility for individuals who require some assistance
with daily living, with units that may contain kitchenettes, that
is operated by an entity licensed by the State of New York Department
of Health to operate an adult home (as defined in 18 NYCRR 487), enriched
housing program (as defined in 18 NYCRR 488), or residence for adults
(as defined in 18 NYCRR 490), including any such adult care facility
offering services through an assisted living program (as defined in
18 NYCRR 494) or licensed as an assisted living residence, enhanced
assisted living residence and/or special needs assisted living residence
pursuant to 10 NYCRR 1001. The facility will combine dwelling units
with provision of services, including, but not limited to, communal
dining, medication supervision, personal care, physical therapy, and
assistance with the activities of daily living, such as bathing, dressing,
grooming, eating and/or ambulation for persons who do not need the
skilled medical care provided by a nursing home or convalescent care
facility.
[Added 12-17-2019 by L.L.
No. 14-2019]
That portion of a building that is partly below grade but
that has half of its height or more, measured from the floor to the
bottom of the joists supporting the floor immediately above, above
the existing grade of the ground adjoining the building. A basement
shall be considered a story.
[Amended 10-20-2020 by L.L. No. 10-2020]
A building intended, designed, and used as a single-family
dwelling within which rooms are rented from time to time for the overnight
accommodation of transient guests. A bed-and-breakfast shall not be
construed to be a "boardinghouse" or a "rooming house."
A sigh, including the type commonly known as a "billboard,"
that directs attention to a business, commodity, service, entertainment
or attraction sold, offered or existing elsewhere than upon the same
lot where the sign is displayed.
A person who permanently occupies a room in a dwelling unit
for sleeping purposes for which he or she pays compensation to the
property owner.
The Zoning Board of Appeals of the Village of Hastings-on-Hudson.
The Board of Trustees of the Village of Hastings-on-Hudson.
The sum of the area of coverage or footprint of all buildings
on the site.
[Added 8-5-2008 by L.L. No. 24-2008;
amended 8-21-2018 by L.L. No. 4-2018]
The Building Inspector of the Village of Hastings-on-Hudson.
BUILDINGAny structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property.
PRINCIPAL BUILDINGA building in which is conducted the primary or principal use of the lot on which the building is situated.
ACCESSORY BUILDINGA building subordinate to the principal building on the same lot and occupied by, or devoted to, an accessory use or to purposes customarily incidental to that of the principal building.
That portion of a building that is partly or entirely below
grade and that has more than 1/2 of its height measured from floor
to the bottom of the joists supporting the floor immediately above
below the existing grade of the ground adjoining the building.
[Amended 2-1-2022 by L.L. No. 3-2022]
The mounting of personal wireless service facilities used
by two or more persons, firms or corporations on the same equipment
mounting structure.
A residential facility that provides a combination of the
features and amenities of active adult/independent living housing,
assisted living housing and/or a nursing home and provides residential
units or beds for more than one of those levels of care within the
same building or buildings on a single development site.
[Added 12-17-2019 by L.L.
No. 14-2019]
An open, uncovered and unoccupied space bounded on three
or more sides by the walls of a principal building. An inner court
is a court entirely within the exterior walls of a building. All other
courts are outer courts.
The sum of the area of coverage or footprint of all buildings,
structures, driveways, parking areas, and impervious surfaces on the
site.
[Added 8-5-2008 by L.L. No. 24-2008]
Physical facilities or procedures that encourage or permit
customers to receive services, obtain goods or be entertained while
remaining in their motor vehicles.
A path for vehicles leading from a street or road to a garage,
parking area, residence or business.
[Added 8-5-2008 by L.L. No. 24-2008]
All land, landfill areas and deck or platform surfaces lying
inland of the shoreline, except as otherwise expressly provided in
this chapter.
DWELLINGA building designed or used exclusively as living quarters for one or more families. The term shall not be deemed to include a camping trailer, mobile home, trailer, tourist home, tent, hotel, motel, automobile court, inn, rooming house, boardinghouse, dormitory, fraternity or sorority house, nursing home, convalescent home or similar house.
MULTIFAMILY DWELLINGA dwelling containing three or more dwelling units.
SINGLE-FAMILY DWELLINGA dwelling containing one dwelling unit only.
TWO-FAMILY DWELLINGA dwelling containing two dwelling units only.
THREE-FAMILY DWELLINGA multifamily dwelling containing three dwelling units only.
A building, or entirely self-contained portion thereof, containing
complete housekeeping facilities for only one family (including any
domestic servants employed on the premises) living independently of
any other family and containing no enclosed space (other than vestibules,
entrance or other hallways or porches), cooking facilities or sanitary
facilities in common with any other such building or portion thereof.
A unit in a tourist home, hotel, motel, automobile court, rooming
house, boardinghouse, dormitory, fraternity or sorority house, nursing
home, convalescent home or other similar house shall not be deemed
to constitute a dwelling unit.
Any structure used primarily to support reception or transmission
equipment, including but not limited to antenna support structures,
towers and monopoles.
Any face of a building facing a street or other public space.
[Added 11-16-2010 by L.L. No. 8-2010]
A householder plus one or more persons related
by blood, marriage or adoption living together in a family-like arrangement
as a single, not-for-profit housekeeping unit sharing kitchen facilities;
or
A householder living with a reasonable number
of individuals in a family-like arrangement that is the functional
equivalent of a family of related persons.
A business enterprise primarily engaged in the sale of preprepared
or quickly prepared food and beverages in disposable containers or
wrappers, selected by patrons from a limited line of specialized items
such as hamburgers, chicken, pizza, tacos or hot dogs, for consumption
either on or off the premises, in a facility in which a major portion
of the ordering by patrons and sales to patrons is at a drive-in or
stand-up type counter. A delicatessen or a restaurant selling food
and beverages for consumption off the premises is not a fast-food
restaurant, provided that such sale as described above is not the
principal business of the establishment.
The final elevation of the ground surface after completion
of any change to it resulting from filling, excavating, or similar
activity, and which shall conform to any approved site or subdivision
plan.
The sum of the gross horizontal area of the several floors
of a building, buildings or accessory building, measured to the outside
of the exterior enclosing walls of such buildings, including basements
and including garages except where located primarily below grade,
but not to include open porches or terraces, cellars, mechanical spaces,
elevators or stair bulkheads or areas having a clear headroom of less
than seven feet. Any interior space other than stairways with a floor-to-ceiling
height in excess of 14 feet, other than stairways, shall be counted
twice.
[Amended 10-20-2020 by L.L. No. 10-2020]
The floor area of all buildings including accessory buildings
on a lot divided by the area of such lot, except as otherwise provided
in this chapter.
[Amended 10-20-2020 by L.L. No. 10-2020]
The distance along which a property line of a lot adjoins
a public or private street or a river.
A building constructed mainly of glass and used as a conservatory
for the growing and protection of flowers and plants and for the propagation
and culture thereof.
The total horizontal area of all stories of a building or
buildings measured from the exterior faces of exterior walls or, in
the case of a common wall separating two buildings, from the center
line of such common walls and including any basement used for the
principal use or for a dwelling unit by other than a janitor or watchman,
but excluding porches, terraces and balconies.
The lowest story of a building, not including basements or
cellars.
Facilities designed and used principally for sports or body
conditioning and rehabilitation.
[Amended 12-16-2008 by L.L. No. 29-2008]
With the exception of the CC and MR-C Districts,
the maximum height of a structure shall be measured vertically from
the existing grade to an imaginary place located at the allowed number
of feet above and parallel to the existing grade. See diagram of side
views below.
 |
Within the CC and MR-C Districts:
An imaginary Plane A shall be created, starting
at the average grade of the front lot line and ending at the average
grade of the rear lot line, and the maximum height of a structure
shall be measured vertically from Plane A to an imaginary Plane B,
which shall be located the allowed number of feet vertically above
and parallel to Plane A. See diagram of a side view below.
 |
If the width of the property (measured parallel
to the front lot line) anywhere exceeds 35 feet, the property shall
be divided into the minimum number of equal sized sections, by lines
perpendicular to the curbline (or its extension), such that the average
of the maximum width of each section does not exceed 35 feet. Plane
A and B for each section shall be determined in the same manner as
in the preceding paragraph. See diagram of top view below.
 |
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, with not more than one
nonresident assistant working at the same time, with no retail sales
of products produced off the premises, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes, does
not change the character thereof, does not have any exterior evidence
of that secondary use other than a permitted nameplate, does not involve
the use of other than customary home appliances and equipment and
does not involve the keeping of a stock in trade. The conducting of
a clinic, hospital, barbershop, beauty parlor, tea room, tourist home,
animal hospital or raising of animals, or any similar use, shall not
be deemed to be a home occupation.
A building used for the diagnosis, treatment or other care
of human ailments, which term includes a sanitarium, clinic, rest
home, nursing home, convalescent home and institution for the insane.
A commercial building providing transient overnight accommodations
to the public for compensation. The word "hotel" includes the word
"motel" or similar name but excludes "bed-and-breakfast."
An individual who resides in a dwelling unit and who owns,
rents or otherwise has legal possession of such unit.
Any property used for the storage, at any time, of any equipment
or supplies used in conjunction with commercial or industrial enterprises.
Buildings, structures or premises where junk, waste, discarded
or salvage materials are bought or sold, exchanged, stored, baled,
packed, disassembled or handled, including automobile wrecking yards
and yards for house wrecking and structural steel materials and equipment,
but not including premises used for the purchase or storage of used
furniture and household equipment or used cars in operable condition.
The greater of:
Any off-street space available for the loading and unloading
of goods to or from vehicles.
LOTAn area of land not divided by streets, having frontage on a street as defined herein, consisting of a single parcel or two or more contiguous parcels occupied or to be occupied by a building or buildings together with any required open spaces, or devoted or to be devoted to a particular use or to a combination of uses permitted under this chapter. A "subject property" or "property," as such terms are used in §§ 486 through 497 of this chapter, shall be deemed to constitute a lot for the purpose of applying the provisions of this chapter within areas which are within, or proposed to be placed within, a Marine Waterfront-B (MW-B) District.
LOT AREAThe total horizontal area included within lot lines.
LOT LINEThe established division line between lots or between a lot and a street.
FRONT LOT LINE:
In the case of a lot abutting upon only one
street, the line separating the lot from the street;
In the case of a corner lot or through lot not
located within the CC District, that lot line, abutting a street,
selected by the owner as the front lot line.
In the case of a corner lot or through lot located
within the CC District, that lot line, abutting a street, selected
by the Planning Board as the front lot line. Generally, where a lot
within the CC District contains a lot line abutting Warburton Avenue
or Main Street, the Board shall determine such a lot line to be the
front lot line, except where such a determination will generate practical
difficulties.
REAR LOT LINEThe lot line that is generally opposite the front lot 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 lot line, not less than 10 feet long, and lying wholly within the lot and farthest from the front lot line.
SIDE LOT LINEAny lot line not a front lot line or a rear lot line.
LOT DEPTHThe average horizontal distance between the front and rear lot lines, measured at right angles to the front line, but not including any portion of that distance which is closer to the front lot line than the first point where minimum width is reached.
CORNER LOTA lot located at the junction of, and abutting on, two or more intersecting streets when the interior angle(s) of intersection does not exceed 135°.
THROUGH LOTA lot, other than a corner lot, having street frontage on two or more streets.
The cost of major structural repairs, replacement and maintenance of bulkheads, platforms, rip-rap slopes, decking and support pilings for decking which may become necessary in an MW-B District on an ongoing basis as contemplated in § 295-84G(3) of this chapter.
A security fund established to pay for the costs of major maintenance and repairs pursuant to § 295-84G(3) of this chapter.
The sum of the area of coverage or footprint of all buildings,
structures, paved areas and other improved surfaces on a site, including
areas covered with gravel, crushed stone, and other materials used
to support vehicles, but not including architectural landscape features
such as pools, ponds, fountains, patios, decks, and gazebos.
[Added 10-5-2004 by L.L. No. 7-2004]
A building containing both residential and nonresidential
uses. Each nonresidential use within a mixed-use building must be
a permitted or special permit use within the district in which it
is located and each use is subject to the requirements for said use
as if contained individually, notwithstanding any statement to the
contrary. No mixed-use building shall contain a motor vehicle service
station, a gasoline filling station, a commercial parking lot, a commercial
storage garage, a hospital, a hotel, or a public utility structure.
[Amended 4-19-2005 by L.L. No. 5-2005]
A building with one or more principal nonresidential use(s)
located on the ground floor story, and with one or more residential
dwellings located on any story. Each use within a mixed-use residential
building is subject to the requirements for the use as if existing
individually.
[Added 10-5-2004 by L.L. No. 7-2004]
Any area of land, including structures thereon or any building
or part thereof, that is used for the sale of motor fuels or motor
vehicle accessories and that may include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including body
work, major repair or painting of vehicles by mechanical means.
NURSERY SCHOOLA building or structure, together with surrounding grounds, designed to provide daytime care or instruction for two or more children under six years of age and operated on a regular or seasonal basis.
DAY NURSERYA nursery school.
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, constructed,
overseen and operated pursuant to Article 28 of New York State Public
Health Law, NYCRR Title 10, Section 86.2.
[Added 12-17-2019 by L.L.
No. 14-2019]
A building or portion thereof used for the conducting of
activities by businesses exclusive of those identified as "professional,"
including but not limited to offices for building construction trades,
advertising, travel agency, collection agency, commercial art or graphic
design, building cleaning and maintenance services, computer processing
and data preparation businesses, or similar business, provided that
no merchandise is sold on premises, except such that is incidental
or accessory to the principal use, and provided that no assembly,
disposal, or storage of raw or finished materials occurs on premises.
A building or portion thereof used for the conducting of
business activities by professionals, including but not limited to
architects, engineers, physicians, dentists, attorneys, insurance
brokers, real estate brokers, or others whose business usually involves
nonmanual work. No merchandise may be sold on premises, except such
that are incidental or accessory to the principal use.
An off-street area containing one or more parking spaces
with vehicular circulation ways and driveways, internal and peripheral
drainage facilities, lighting facilities, landscaping, signs, curbs,
fences, walls, pedestrian walks and other incidental areas and facilities
appurtenant thereto.
A specific off-street location available for the parking
of one motor vehicle on a transient basis, normally located within
a parking area, and having usable and relatively direct access to
a street.
A business enterprise involved in the care, maintenance or
repair of the appearance, condition or well being of a person or a
person's private apparel, goods or property. Personal service establishments
include but are not limited to barbershops, hair salons, nail salons,
tailors, dry-cleaning pickup and delivery depots, including on-site
clothes pressing, shoe repair, health clubs, day spas, post office
box rental, clothing rental, diaper service, TV and appliance repair,
and linen service.
A facility for the provision of personal wireless services.
A personal wireless service facility includes an antenna, equipment
mounting structure and/or accessory buildings and equipment.
Commercial mobile services, wireless telecommunications services
using duly authorized devices that do not require individual licenses
(excluding satellite earth station antennas), and common carrier wireless
exchanges, including cellular radiotelephone, specialized mobile radio
system and personal communications services.
The Planning Board of the Village of Hastings-on-Hudson.
A transportable unit designed and used primarily for temporary
storage of building materials (before they are used for building purposes),
household goods and other such materials for use on a limited basis
on residential property.
[Added 9-7-2010 by L.L. No. 6-2010]
PRINCIPAL USEThe main or primary purpose for which land is used or a building or structure is designed, intended, arranged or used or for which it is or may be occupied or maintained.
ACCESSORY USEA use that is customarily incidental and subordinate to the principal use on a lot, and located on the same lot therewith.
A legal entity created by a trust agreement or certificate of incorporation, approved as to form and sufficiency by the Village Attorney pursuant to § 295-84G of this chapter.
Any laboratory engaged exclusively in the pursuit of scientific
research and development, including the research and development of
manufactured, processed or compounded products, or for experimentation
in pure or applied research, design, development and production of
prototype machines or devices, or of new products, and uses necessary
thereto, provided that products are not manufactured or assembled
primarily for wholesale or retail sale, that commercial servicing
or repair of commercial products is not performed and that there is
no display of any materials or products for sale.
RESIDENTIAL DISTRICTAn R-20, R-10, R-7.5, 2R, 2R-3.5, MR-2.5 or MR-1.5 District.
RESIDENCE DISTRICTA residential district.
A business enterprise engaged in preparing and serving food
and beverages selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress, or at a buffet, and consumed
on the premises. See also "fast-food restaurant."
A photovoltaic device capable of collecting and converting
solar energy into electrical energy located on the roof of any legally
permitted building for the primary purpose of producing electricity
for on-site or off-site consumption.[1]
[Added 11-7-2017 by L.L.
No. 3-2017]
Multiunit apartment buildings, condominiums, cooperatives,
that are restricted to a person or persons who meet the minimum age
requirement for “housing for older persons” contained
in Section 3607 of the Federal Fair Housing Act, as amended, or are
restricted to at least one person who is at least age 55, whichever
is the higher age.
[Added 10-5-2004 by L.L. No. 7-2004]
The westerly limit of dry land area in an MW-A or MW-B District, determined in the manner set forth in § 295-84F(9) below of this chapter.
Any structure or part thereof, or any device attached thereto
or painted thereon, or any material thing, illuminated or otherwise,
that displays or includes any numeral, letter, emblem, device, trademark
or other representation used as an announcement, designation, direction
or display to advertise or promote any person, firm, group, organization,
commodity, service, profession or enterprise, when the display is
out-of-doors or within three feet of a window in view of the general
public, but not including the following: the flag or insignia of any
government or governmental agency; the flag of any civic, political,
charitable, religious, patriotic, fraternal or similar organization
that is hung on a flagpole or mast; or any Christmas or other seasonal
holiday decorations that do not contain commercial lettering, wording,
designs, symbols or other devices.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. In measuring the height of a building, a basement shall be counted as a story, but a cellar shall not be counted as a story.
ONE-HALF STORYAny space under a sloping roof where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet or more and where the aggregate area, including stairways, is less than 50% of the gross floor area of the floor below. If the aggregate area is 50% or greater than the gross floor area of the floor below, it shall count as a full story.
[Amended 8-5-2008 by L.L. No. 24-2008]
STREETAny existing state, county or local highway, or a public or private thoroughfare shown on the Official Map as a street, or a way shown upon a subdivision plat approved by the Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board and the grant to the Planning Board of the power to approve subdivision plats.
STREET LINEThe front lot line.
A combination of material(s) assembled, constructed or erected,
whether temporarily or permanently, at a fixed location, including,
without limitation, a building, porch, deck, patio with an impervious
surface, stationary carport, swimming pool, sign, outdoor generator
or air-conditioning equipment, and satellite dish, the use of which
requires location on the ground or attachment to something having
location on the ground. As used in the Zoning Chapter, the term "structure"
shall not include a driveway, fence, nor a swing set, jungle gym,
or similar play equipment.
[Amended 8-5-2008 by L.L. No. 24-2008]
A facility with a gross floor area of 15,000 square feet
or more used primarily for the retail sale of food but also for the
subordinate retail sale of sundry, perishable items, medicines, and
similar items.
Any pool, structure, excavation, pond, tank, depression,
body of water or receptacle for water, having a depth at any point
greater than two feet, together with the apparatus and equipment,
if any, pertaining thereto, used, usable or intended to be used for
swimming or bathing.
One of several dwelling units in a dwelling, which dwelling
unit is designed for and occupied exclusively as a home or residence
for not more than two families living independently of any other family,
separated from other units by a ground-to-roof party wall or walls.
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle, and includes vehicles
that are equipped to be used for living or sleeping quarters or so
as to permit cooking. Such vehicles remain trailers even if the wheels
are removed and/or the vehicle is placed on a temporary or permanent
foundation.
The Village of Hastings-on-Hudson.
The Village Manager of the Village of Hastings-on-Hudson.
A continuous pedestrian walkway abutting the shoreline, as described in § 295-84G of this chapter.
Each of the following is a workforce housing unit:
[Added 1-8-2013 by L.L. No. 1-2013]
A for-purchase housing unit that must be sold to a household
whose income does not exceed 120% of the AMI and for which the annual
housing cost of a unit, including common charges, principal, interest,
taxes and insurance, does not exceed 33% of 100% of the AMI, adjusted
for household size.
A rental unit that must be leased to a household whose income
does not exceed 90% of the AMI and for which the annual housing cost
of the unit, defined as rent plus any tenant-paid utilities, does
not exceed 30% of 80% of the AMI, adjusted for household size.
YARDAn open space, unoccupied except as permitted under this chapter, lying between a lot line and a line parallel to such line and tangent to the nearest part of the principal building or group of principal buildings.
FRONT YARDA yard extending across the full breadth of the lot and abutting the front lot line; provided, however, that if a lot contains frontage of less than the minimum width requirement, the front yard shall be measured beginning at the closest point to the front lot line where minimum width is achieved.
REAR YARDA yard extending across the full breadth of the lot and abutting the rear lot line.
SIDE YARDA yard abutting a side lot line and extending from the front yard to the rear yard; or, in the absence of a rear yard, from the front yard to the rear lot line; or, in the absence of a front yard, from the rear yard to the front lot line.
[1]
Editor's Note: The definitions of "senior assisted-living
housing" and "senior enriched/independent living housing," both of
which were added 10-5-2004 by L.L. No. 7-2004 and immediately followed
this definition, were repealed 12-17-2019 by L.L. No. 14-2019.
