All words used in the present tense include
the future tense, all words in the plural number include the singular
number, and all words in the singular number include the plural number,
unless the natural construction of the working indicates otherwise.
The word "lot" includes the word "plot," the word "building" includes
the word "structure" and the word "shall" is mandatory. The word "person"
includes any legal entity, as well as an individual. The word "use"
shall be deemed also to include "designed, intended or arranged to
be used." Unless otherwise specified, all distances shall be measured
horizontally. The word "Village" means the Incorporated Village of
Kiryas Joel; the term "Village Board" means the duly elected Village
Board of Trustees of said Village; the term "Board of Appeals" means
the duly appointed Board of Appeals of said Village; the term "Planning
Board" means the duly appointed Planning Board of said Village.
[Amended 9-21-2018 by L.L. No. 1-2018]
For the purposes of this chapter, certain words and terms used
herein are defined as follows:
To change or rearrange the structural parts of the existing
facilities or a building or structure, including extension on a side
or increase in height, or the moving from one location or position
to another.
All floor area within the exterior walls of a building.
The space enclosed by roof beams or trusses above and floor
joists immediately below. Attics shall be used only for storage or
mechanical equipment, not as habitable space. Attics shall have no
windows, doors or porches. Maximum height of an attic shall be defined
by the height from attic floor to roof ridge. Attic height shall be
10 feet maximum for four-story buildings, 15 feet maximum for buildings
of three stories or less.
An exterior floor that projects from the wall of a building,
supported by a structure that is without additional independent supports,
and surrounded by a railing. (See also definitions for "deck" and
"porch/stoop" and the illustration following.)
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That portion of a building extending no more than six feet
above average finished grade on a level site, no portion exceeding
eight feet above grade on a front or side wall if the slope from front
to back equals or exceeds eight feet, and no portion exceeding 12
feet above grade on a rear wall if the slope from side to side equals
or exceeds 12 feet. Any basement used as habitable space must have
windows in similar proportion to upper floors, and must provide a
direct means of egress to the outside.
A level below the basement only allowed on very steeply sloping
sites where the grade from front to back or from side to side exceeds
10 feet. Subbasements shall be used only for mechanical equipment
and storage, not as habitable space.
Any fixed structure having a roof and intended for the shelter,
housing or enclosure of persons or chattel.
That portion of a lot that is covered by permanent structures,
including building extensions that project beyond the foundation,
but excluding unenclosed patios; unenclosed stairways to decks, porches
or stoops; and eaves.
More than one primary use building on a lot may be allowed
as an exception if the Planning Board determines there are compelling
reasons such as related use.
A subordinate building, the use of which is incidental to
that of a main building on the same lot.
A building in which is conducted the main or principal use
of the lot on which such building is situated.
A room set aside for community functions, which shall not
be used as living quarters.
An exterior roofless floored area adjoining a residential
structure, and supported on at least two opposing sides by an adjoining
structure and/or posts, piers or other independent supports.
A building designed or used exclusively as living quarters
for one or more families, and shall not be deemed to include a motel,
hotel, rooming house or tourist home, mobile home, trailer, camping
car, tent or other similar temporary or mobile structure.
ONE-FAMILYA detached building or manufactured home, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
TWO-FAMILYA property used for not more than two individual attached or detached dwelling units entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
MULTIFAMILYA building or portion thereof used or designed as a residence for three or more dwelling units.
A building or portion thereof used or designed as a residence
for no more than one family.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam, storm drainage systems, sanitary
sewer or water transmission or distribution systems, including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by such public utilities or
municipal or other governmental agencies for the public health or
safety or general welfare.
One or more persons occupying a dwelling unit and living
as a housekeeping unit in a domestic relationship.
Fences shall be allowed in front, side and rear yards. Front
yard fences must allow views through the fence, e.g. chain link or
picket, and are limited in height to four feet. Side and rear yard
fences may be opaque for privacy, and are limited in height to four
feet.
A line parallel to the front lot line and at a distance equal
to the required minimum front yard setback for the district in which
a lot is located.
The extent of a parcel of land along a public or private
street, opposite the front of the building as defined by the Planning
Board.
An accessory building or part of a main building used primarily
for the storage of motor vehicles as an accessory use.
The elevation, at any point along a wall of a building, of
the completed surfaces of lawns, gardens, walls or roads adjoining
such wall at that point.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck line of mansard roofs
and to the mean height between the eaves and ridge for gable, hip
and gambrel roofs.
Any business, trade or profession, conducted in a dwelling
or basement, that is carried on by members of the household residing
on the property, with or without nonresident employees, and that is
clearly an accessory use in relation to the residential use of the
premises. See § 155-21C(1)(b) for the maximum space a home
occupation may occupy.
Home occupations are divided into the following classes:
Class I (Minimal Impact) — A home occupation whose base
of operation is carried out within the residence, that does not involve
the parking of any business vehicles on site and that will not generate
customer traffic, use an accessory building, receive deliveries by
other than letter or parcel carriers or pose an environmental, safety
or health hazard. Class I minimal impact home occupations are permitted
accessory uses in all zones, requiring a permit from the Building
Inspector.
II II — A home occupation whose base of operation is carried out within the residence or basement and which will generate customer traffic or receive deliveries, may have environmental, safety or health impacts, or may affect the quality of life of residents in the building. Class II home occupations shall require site plan and special permit review and approval by the Planning Board and a permit from the Building Inspector.
Impervious surface shall include any material, including
buildings and pavement, that reduces or prevents absorption of stormwater
into previously undeveloped land. Land that is replanted with grass,
landscaping, trees or other vegetation shall not be considered impervious.
The amount of impervious surface as a percentage of total lot area
constitutes impervious surface coverage.
A parcel of land, not divided by or lying within a street
or streets, 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 for purposes
of issuing a building permit on such land.
The property or lines separating the lot from the street
or streets. The front lot line shall, in the case of structures fronting
on a private street, be measured from the edge of the right-of-way
or, where there is no formal right-of-way, from the edge of sidewalk.
The property lines bounding a lot as defined herein.
The width of a lot measured at right angles to its depth,
measured at the main building line.
The total area included within lot lines.
A lot of which at least two adjacent sides abut on streets
or public places.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
A sectional prefabricated home intended to be permanently
set on a foundation as a single-family dwelling or attached to other
units as a component in a multifamily structure.
Any self-contained HUD-approved one-family dwelling unit
designed for long-term occupancy; containing sleeping accommodations,
a flush toilet, a tub or shower bath and kitchen facilities, with
plumbing and electrical connections provided for attachment to outside
systems; designed to be transported, after fabrication, on its own
wheels or on flatbed or other trailer; and arriving at the site where
it is to be occupied as a dwelling complete. Mobile homes are not
typically set on permanent foundations.
A use of a building or lot that does not conform to the regulations
as to the use in the district in which it is situated, which use was
lawful at the time this chapter, or amendments thereto, became effective.
An off-street space, available for the parking of one motor
vehicle on a transient basis, having dimensions of not less than nine
feet by 18 feet, exclusive of passageways and driveways appurtenant
thereto, and giving access thereto, and having direct usable access
to a street or right-of-way.
An outdoor space for dining or recreation, not elevated above
the surrounding grade, that adjoins a dwelling and is improved for
that purpose by paving or the placement of bricks or stones on a sand,
gravel or crushed stone base.
An improved recreation area containing facilities for young
children to play upon, including but not limited to items such as
slides, sandboxes and similar items.
A covered platform on a plane higher than the adjacent ground
area, and typically having a separate roof at an entrance to a building.
A vehicular access serving a single principal structure of
no more than four dwelling units in the case of residential properties.
Any device for visual communication with words, letters,
numbers or other graphic representations which is used for the purpose
of bringing the subject to the attention of the public. The maximum
size of sign for a home occupation shall be four square feet, with
no one side longer than four feet. The maximum size of a commercial
sign shall be 10 square feet, with no one side longer than 10 feet.
Billboard signs are not permitted.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
be no floor above, then the space between the floor and the ceiling
next above it. A basement shall be counted as a story if its ceiling
is more than six feet above the average grade from which the height
of the building is measured.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
A public or private thoroughfare devoted to vehicular and
pedestrian movement, including a road or right-of-way, over which
abutting properties or dwellings have the rights of access, air and
light.
Anything constructed or erected, the use of which requires
a fixed location on the ground, or attachment to something having
fixed location on the ground, including but not limited to buildings,
porches, stoops, decks, free-standing signs, swimming pools, retaining
or other types of walls and fences.
The division of any parcel of land into two or more lots,
blocks or sites for any purpose including, but not limited to, sale,
transfer of ownership or development. The term "subdivision" may also
include any alteration of lot lines or dimensions of any lots shown
on a plat previously approved and filed in the office of the County
Clerk.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use which is customarily incidental and subordinate to
the principal uses of a lot or a building and located on the same
lot therewith and limited to the uses specifically permitted for the
zoning district in which it is located. (Accessory use is distinguished
from accessory building or structure.)
A required open space of uniform width or depth, as the case
may be on the same lot with a building or group of buildings, which
open space lies between the building or group of buildings and the
appropriate lot line and is unoccupied and unobstructed from the ground
upward.
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.
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.
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.
