This chapter is adopted for the purpose of promoting the health, safety, morals or the general welfare of the community and in furtherance of the following related and more specific objectives:
A. 
To guide and regulate the orderly growth, development and redevelopment of the municipality in accordance with a Comprehensive Plan and with long-term objectives, principles and standards deemed beneficial to the interests and welfare of the people.
B. 
To protect the established character and the social and economic well-being of both private and public property.
C. 
To promote, in the public interest, the utilization of land for the purposes for which it is most appropriate.
D. 
To secure safety from fire, panic and other dangers and to provide adequate light, air and convenience of access.
E. 
To prevent overcrowding of land or buildings and to avoid undue concentration of population.
F. 
To lessen and, where possible, to prevent traffic congestion on public streets and highways.
G. 
To eliminate gradually nonconforming uses.
H. 
To conserve the value of buildings and to enhance the value of land throughout the municipality.
I. 
To enhance the appearance of the Village as a whole.
[Added 10-8-1993 by L.L. No. 4-1993]
A. 
Scope and meaning of certain words and terms.
(1) 
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural and the plural the singular.
(2) 
The word "person" includes a profit or nonprofit corporation, company, partnership or individual.
(3) 
The word "shall" is mandatory, and not directory; the word "may" is permissive.
(4) 
The word "lot" includes the word "plot" and the word "land."
(5) 
The word "structure" includes the word "building."
(6) 
The word "use" refers to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
(7) 
The word "used" refers to the actual fact that a lot or land, building or structure or part thereof is being occupied or maintained for a particular use.
B. 
Definition of words and terms. As used in this chapter, the following terms shall have the meanings indicated:
ABATTOIR
A slaughterhouse for the slaughtering of livestock other than poultry.
[Added 8-8-2011 by L.L. No. 2-2011]
ACCESSORY APARTMENT
A dwelling unit occupying the lesser of 300 square feet or 25% of the floor space of an owner-occupied structure containing a principal use that is single-family residential or nonresidential, or a dwelling unit no larger than 300 square feet located on the same lot as an owner-occupied single-family dwelling.
[Added 8-8-2011 by L.L. No. 2-2011]
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, garden shed, a private playhouse and a private greenhouse.
ADULT BOOKSTORE
An establishment having as a substantial portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or genital areas.
[Added 5-10-2004 by L.L. No. 5-2004]
ADULT CABARET
An establishment with or without a state liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or genital areas, topless female dancers, strippers, male and female impersonators and similar entertainments intended for the viewing of by patrons of the business.
[Added 5-10-2004 by L.L. No. 5-2004]
ADULT ENTERTAINMENT USES
Include, but are not limited to, adult bookstores and video sales and rentals; adult cabarets, nightclubs and bars; are establishments that: 1) offer for sale or rental to persons 18 years of age or over, books, magazines, photographs, film, digitized images that depict sexual activities; 2) feature live performances that are characterized by sexual conduct or exposure of genitalia; 3) present topless or nude dancers, strippers, male or female impersonators, exotic dancing or other entertainment that is sexual in nature, or is accompanied by exposure of genitalia; or 4) purvey items of clothing, underwear, lingerie, or other accessories intended for use during sexual activities, where the sale of such items to minors is unlawful under state or local law; and 5) the sale of such items described in Items 1 and 4 of this definition constitutes more than a nominal proportion of the gross revenue of the business located at the site where such items are held out for sale.
[Added 5-10-2004 by L.L. No. 5-2004]
ADULT MOTION-PICTURE THEATER
An enclosed building used for the presentation of films or digitally stored images distinguished or characterized by persons engaging in sexual intercourse or sodomy.
[Added 5-10-2004 by L.L. No. 5-2004]
AIRPORT
Any area of land which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use of associated airport buildings or facilities.
[Added 8-8-2011 by L.L. No. 2-2011]
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another; the term "alter," in its various modes and tenses and its participial form, refers to the making of an "alteration."
ANIMAL HOSPITAL
A facility for the medical and/or surgical care of sick or injured animals.
[Added 8-8-2011 by L.L. No. 2-2011]
ANTENNA
Any system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
[Added 10-8-1993 by L.L. No. 4-1993]
ARENA, ASSEMBLY HALL
Building in which the primary or intended use is the assembly of persons for amusement, athletic, civic, dining, educational, entertainment, political, recreational, religious, social, or similar purposes, except an assembly hall shall not include any use defined elsewhere herein.
[Added 8-8-2011 by L.L. No. 2-2011]
AUTOMOBILE LAUNDRY
A structure or building designed for the washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be an automotive laundry where such use is an accessory service to the principal service of the filling station.
[Added 8-8-2011 by L.L. No. 2-2011]
AUTOMOBILE WRECKING YARD
Property used for the dismantling or wrecking of motor vehicles of all kinds or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
[Added 8-8-2011 by L.L. No. 2-2011]
BASEMENT
A story partly underground but having less than half of its clear height below finished grade.
BILLBOARD
A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally sold, offered or existing upon such lot.[1]
BUILDING
A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet.
BUILDING INSPECTOR
The Official Building Inspector of the municipality.
BUSINESS PARK
A planned, coordinated development of a tract of land with two or more separate parcels or lots for industrial, business or mixed industrial/business development. Such development shall only consist of other uses permitted within the district. A business park shall be planned, designed, and constructed on an integrated and coordinated basis with special attention given to site planning and layout, attractive appearance, entrance signage, landscaping, vehicular circulation, parking, utility needs, building design and orientation, equipment storage, refuse disposal and open space.
[Added 10-14-2020 by L.L. No. 4-2020]
BUS PASSENGER SHELTER
A facility associated with a bus transportation system, intended for the pickup and discharge of passengers.
[Added 8-8-2011 by L.L. No. 2-2011]
CELLAR
A story partly underground and having one-half ( 1/2) or more of its clear height below the finished grade.
CLUB, COUNTRY
A club for golfing, hunting, fishing, horseback riding or similar sports.
CLUB, MEMBERSHIP, NONPROFIT
The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, nor for the meeting of other organizations, nor for educational and cultural purposes.
COMMERCIAL VEHICLE
Any motor vehicle defined or licensed by the state as a commercial vehicle, except passenger vehicles licensed as commercial vehicles whose vehicle axle weight is under one ton and not used for business purposes.
[Added 10-8-1993 by L.L. No. 4-1993]
CONDITIONAL USE
A use in one or more districts requiring approval by the Board of Trustees of a petition to allow the proposed use on a particular site within a zoning district. In addition to conditional use approval by the Village Board, the use must comply with all applicable site plan or special exception use requirements established by this chapter.
[Added 10-27-1997 by L.L. No. 2-1997]
CUSTOM WORK, SHOP FOR
A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure for sale at retail on the premises only, not including the manufacture of ready-to-wear or standardized products.
DAY CAMP
A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized recreational facility for five or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation features, such as Ferris wheels or roller coasters, and not furnishing sleeping quarters except for the resident family.
DEMISING WALL
A common wall that separates two adjacent single-family attached dwellings, through which the property boundary line passes. Demising walls are characterized by heightened building and fire code standards, and their use of common foundation elements. Demising walls extend from the foundation up to the roof structure of adjacent buildings.
[Added 4-12-2004 by L.L. No. 4-2004]
DRIVE-IN RESTAURANT
A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
[Added 10-8-1993 by L.L. No. 4-1993]
DUMP
A parcel of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING
A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.
DWELLING, MULTIPLE
A building or portion thereof containing more than two dwelling units, excluding a senior citizen housing project or a senior citizen development, as separately defined herein.
[Amended 7-14-1997 by L.L. No. 1-1997]
DWELLING, SINGLE-FAMILY ATTACHED
A single-family dwelling unit that occupies a separate building lot from adjoining structures, though it is attached to similarly constructed dwelling units on one or both sides. These structures are characterized by the existence of demising walls, which are shared in common with each adjacent unit and through which the property boundary extends.
[Added 4-12-2004 by L.L. No. 4-2004]
DWELLING UNIT
One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit.
[Amended 10-8-1993 by L.L. No. 4-1993]
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
[Added 10-8-1993 by L.L. No. 4-1993]
FENCE
Any structure, regardless of composition, except for a living fence or hedge, that is erected or maintained for the purpose of enclosing or screening a piece of land into distinct portions. A fence or wall that is designed and constructed to support and retain earth or fill shall be regulated as a "retaining wall" as defined in this section.
[Added 6-8-1987 by L.L. No. 3-1987; amended 2-12-2007 by L.L. No. 2-2007]
FILLING STATION
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "filling station" may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs.
FLOOR AREA RATIO
Total gross floor area of all uses including dwelling unit area contained within buildings, divided by the area of the lot, but excluding from such calculation that portion of a building housing mechanical equipment. For purposes of this calculation, "mechanical equipment" shall mean furnaces, air conditioning equipment other than window air conditioners, elevators, transformers, HVAC equipment, and utility equipment.
[Added 2-26-2018 by L.L. No. 1-2018]
GARAGE, PARKING
A building, not a private garage, used for the storage of automobiles or trucks and not used for making repairs thereto.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space for more than one car is leased to a nonresident off the premises.
GARAGE, REPAIR
A building, other than a private or a parking garage, used for adjustment, painting, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use.
HEALTH CLUB or FITNESS FACILITY
A for-profit or not-for-profit indoor recreational and exercise facility, not necessarily intended primarily for therapeutic uses, that may include such facilities as weight lifting equipment, indoor running tracks, swimming pools, tennis, squash or racquetball courts, exercise machines such as treadmills and rowers, health spas, health clubs, figure salons, gymnasiums, weight control studios, martial arts and self-defense schools and accessory facilities such as saunas, showers and locker rooms; but excluding such facilities as skating or roller rinks, any facilities involving the use or discharge of firearms, video game rooms, arcades and other such indoor recreational activities, and also excluding physical therapy offices.
[Added 6-12-2000 by L.L. No. 2-2000]
HEIGHT OF STRUCTURE OR BUILDING
A vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
HOME OCCUPATION
Any gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign and that no mechanical or electrical equipment is used except customary household equipment. However, "home occupations" shall not be construed to include such uses as the following: clinic or hospital, restaurant, breeding kennel or antique dealer.
HOME PROFESSIONAL OFFICE
The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent or teacher, as herein restricted, provided that not more than two persons are not members of the family and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or piano or voice instruction, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices." The "home professional office" of a physician shall not include a biological or other medical testing laboratory.
HOSPITAL
An institution, licensed by state law, to provide health services and medical or surgical care to persons, primarily inpatients, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
[Added 10-8-1993 by L.L. No. 4-1993]
HOTEL
A building or part thereof which has a common entrance, common heating system and general dining room and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation. A "hotel" shall not provide apartment dwelling units.
HOUSE TRAILER
A movable single-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."
INDUSTRY, GENERAL
A use engaged in the basic processing and manufacture of materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products.
[Added 10-8-1993 by L.L. No. 4-1993]
JUNKYARD
Any land or structure or part thereof used for collecting, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage or salvage of machinery or two or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on public highways or for the sale of parts thereof.
LOT
A designated parcel, tract, assemblage or area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit.
[Amended 10-8-1993 by L.L. No. 4-1993; 2-26-2018 by L.L. No. 1-2018]
LOT AREA/LOT SIZE
The horizontal area included within lot lines, exclusive of any portion within a public or private street right-of-way.
[Amended 11-8-2010 by L.L. No. 4-2010]
LOT, CORNER
A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135º.
[Amended 10-8-1993 by L.L. No. 4-1993]
LOT COVERAGE
The percentage of the area of the lot covered by a building or buildings.
LOT FRONTAGE
The distance along a street line measured at the front of a lot.
[Added 11-8-2010 by L.L. No. 4-2010]
LOT, INTERIOR
Any lot other than a corner lot.
LOT LINE
A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
[Amended 10-8-1993 by L.L. No. 4-1993]
LOT LINE, FRONT
The line of a lot at the street or right-of-way line separating the lot from a street right-of-way. On a corner lot, the owner may, with the approval of the Planning Board, specify the front lot line on the plot plan.
[Amended 10-8-1993 by L.L. No. 4-1993]
LOT LINE, REAR
The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
[Amended 10-8-1993 by L.L. No. 4-1993]
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
[Added 10-8-1993 by L.L. No. 4-1993]
LOT, THROUGH
A lot extending from one street to another.
LOT WIDTH
The dimension measured from side lot line to side lot line, along a line parallel to the street line at the required minimum front yard depth.
MOBILE HOME
A movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "house trailer."
MOBILE HOME COURT
A residential land use designed for the location of one or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.
MOBILE HOME OR HOUSE TRAILER SALES OFFICE AND/OR LOT
A use of land and improvements for the purpose of displaying, storing and renting or selling mobile homes or house trailers but not including provision for mechanical or other services for these dwelling units.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office and with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar appellations, but shall not be construed to include house trailers or mobile homes.
NONCONFORMING STRUCTURE
A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations[2] of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USE
Any use of a building structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto affecting such use which does not conform to the Table of Use Regulations[3] of this chapter for the district in which it is situated.
NONNUISANCE INDUSTRY
Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot or by reason of generating excessive traffic with attendant hazards and which does not include any outdoor processing of materials or open accessory storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.
NURSERY SCHOOL
A school designed to provide daytime care or instruction to two or more children from two to five years of age, inclusive, and operated on a regular basis.
[Amended 10-8-1993 by L.L. No. 4-1993]
NURSING HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
[Added 10-8-1993 by L.L. No. 4-1993]
PARK
A tract of land, designated and used by the public for active and passive recreation.
[Added 10-8-1993 by L.L. No. 4-1993]
PARKING AREA
A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
PARKING SPACE
A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
PERMITTED USE
A specific main use of a building, structure, lot or land or part thereof which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.
PLANNING BOARD
The Planning Board of the Village of Maybrook.
[Added 10-8-1993 by L.L. No. 4-1993]
PORTABLE STORAGE UNITS/PORTABLE ON DEMAND (PODS®)
A transportable storage unit designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis on residential and nonresidential properties which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.
[Added 4-13-2020 by L.L. No. 2-2020]
PROHIBITED USE
A use of a building, structure, lot or land or part thereof which is not listed as a permitted, special exception or accessory use; in addition, and more specifically, those uses listed as prohibited uses in § 210-8.
PUBLIC PASSENGER TRANSPORTATION STATION OR STORAGE YARD
Any premises used for the garaging or parking of public transportation vehicles and the loading and unloading of passengers.
[Added 8-8-2011 by L.L. No. 2-2011]
PUBLIC UTILITY STRUCTURE
An installation used by a public agency or franchised public utility to supply or transmit electric, gas, water, cable television, telephone, or other utility service, excluding electric power plants, windmills and gas wells. Included are such facilities as electric substations, high-voltage transmission lines, pump stations, water supply wells, water towers, communication towers, and telephone substations. Utility distribution facilities serving customers directly are considered customary accessory uses, not public utility facilities.
[Added 8-8-2011 by L.L. No. 2-2011]
REAR DWELLING
A dwelling located on the same lot and to the rear of the main building for which the lot is used.
RECREATIONAL AREA
A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual passive or active recreational facilities.
[Added 10-8-1993 by L.L. No. 4-1993]
REPAIR GARAGE
Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, body or engine repair, rental, lubricating, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
[Added 8-8-2011 by L.L. No. 2-2011]
RESEARCH INSTITUTE OR LABORATORY
A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and uses accessory thereto. With respect to the application of this chapter, such "research institute or laboratory" shall meet the standards of a nonnuisance industry.
RESTAURANT
An establishment where food and drink is prepared, served and consumed primarily within the principal building. See "carry-out restaurant," "drive-in restaurant," "fast-food restaurant" and "retail food establishment."
[Added 10-8-1993 by L.L. No. 4-1993]
REST HOME
A home for the aged, chronically ill or incurable persons in which two or more persons, not related by blood or marriage, are habitually kept, boarded and/or housed for remuneration, but not including hospitals, sanitariums or medical clinics.
[Added 8-8-2011 by L.L. No. 2-2011]
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile place or facility at or in which food or drink is offered or prepared for retail sale or for service with or without charge on or at the premises or elsewhere.
[Added 10-8-1993 by L.L. No. 4-1993]
RETAINING WALL
A structure in excess of four feet in height, measured from the ground at the exposed face of the wall to the cap of wall, designed and constructed for the purpose of supporting or retaining earth or fill, rocks, landscaping or other solid materials. A basement wall and the wall of a building shall not constitute a retaining wall as defined herein.
[Added 2-12-2007 by L.L. No. 2-2007]
ROADSIDE MARKET
A temporary use of land, structure or building on a farm by the farmer as a sales outlet exclusively for produce grown on his farm.
SANITARIUM
A facility or institution for the recuperation and treatment of persons suffering from physical or mental disorders.
[Added 8-8-2011 by L.L. No. 2-2011]
SCHOOL
A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.
[Added 10-8-1993 by L.L. No. 4-1993]
SENIOR CITIZEN DEVELOPMENT
A building or group of buildings, whether detached or connected, containing dwelling units that are arranged for use as senior citizen dwelling units, with common areas owned and managed by a single management entity, together with normal and customary accessory uses designed and maintained for such use, such as recreation facilities for residents, professional and medical offices, maintenance facilities and administrative offices serving the residents of such units, and parking areas.
[Added 7-14-1997 by L.L. No. 1-1997]
SENIOR CITIZEN DWELLING UNIT
A dwelling unit in a senior citizen development occupied by one or more persons at least 55 years of age, which may also be occupied by one or more members of such person's immediate family.
[Added 7-14-1997 by L.L. No. 1-1997]
SENIOR CITIZEN HOUSING PROJECT
Existing buildings and lands used for the provision of three or more senior citizen dwelling units that were developed pursuant to senior citizen housing programs of the United States Department of Housing and Urban Development and occupied in conformance with the occupancy requirements of such programs.
[Added 7-14-1997 by L.L. No. 1-1997]
SHOPPING CENTERS
A group of stores, shops and similar establishments occupying adjoining structures, all of which may be deemed one building if designed as an architectural unit and if it has adequate space in the rear for loading and unloading commodities.
[Amended 2-10-1986 by L.L. No. 3-1986]
SIGN
Any kind of billboard, sign board, pennant or other shape or device or display used as an advertisement, announcement or direction, including any text, symbol, lights, marks, letters or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.
SIGN, IDENTIFICATION
A temporary or permanent sign which directs attention to a business, an industry or profession conducted upon the property.
SIGN, PROFESSIONAL OR ANNOUNCEMENT
A temporary or permanent sign which directs attention to a resident's home, a home occupation, a home professional office or a public or semipublic building.
SIGN, REAL ESTATE OR CONSTRUCTION
A sign advertising land or improvements thereto, or describing construction activity or a firm doing work related to construction, on the premises on which the sign is located.
SIGN, TEMPORARY
A temporary sign which directs attention to a special activity or entertainment or one which indicates the location of a real estate subdivision.
SPECIAL EXCEPTION USE
A use in one or more districts for which the Board of Appeals may grant a permit pursuant to the provisions of Article X.
[Amended 10-8-1993 by L.L. No. 4-1993]
STREET
Any federal, state, county or town road or any street shown upon a subdivision plat filed in the County Clerk's office.
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURE
Anything constructed or erected on or under the ground or upon another structure or building.
SWIMMING POOL
A receptacle for water or an artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet designed or intended for the purpose of bathing or swimming and including all appurtenant equipment.
TECHNOLOGY SERVICES
Facilities which provide sales and support including digital communications, information technology (IT), data storage or other services of a similar nature.
[Added 3-28-2022 by L.L. No. 3-2022]
TEMPORARY CONSTRUCTION AND SALES OFFICE
An office used for the purpose of causing or promoting the construction and/or sale of a residential subdivision or development and located within the area of such subdivision or development. Such office may only be located in a building suitable for use as a single-family residence.
[Amended 12-12-1984 by L.L. No. 5-1984]
THEATER or MOTION-PICTURE THEATER
A building used for dramatic, operatic, musical, dance, motion picture, or other performance, on a paid admission basis; no meal service is allowed.
[Added 8-8-2011 by L.L. No. 2-2011]
VARIANCE
A modification of the regulations of this chapter, granted on grounds of practical difficulties or unnecessary hardships, not self-imposed, pursuant to the provisions of § 210-45.
[Amended 10-8-1993 by L.L. No. 4-1993]
WALL
A structure of wood, stone concrete or other materials, or combination thereof, designed and constructed to provide security, screening, decoration or enclosure of a parcel or section of a parcel of real property, but which does not support or retain earth, fill or any other materials as in the case of a retaining wall, which is defined in this section.
[Amended 2-12-2007 by L.L. No. 2-2007]
YARD, FRONT
An open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front lot line of the lot and extending from side lot line to side lot line.
YARD, REAR
A space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.
YARD, SIDE
An open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard or from the front lot line where no front yard exists to the rear yard or to the rear lot line where no rear yard exists.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Maybrook.
[Added 10-8-1993 by L.L. No. 4-1993]
[1]
Editor's Note: Original Section 30-20-05, definition of "Board," which immediately followed this subsection, was repealed 10-8-1993 by L.L. No. 4-1993.
[2]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
[3]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
A. 
The provisions of this chapter shall be deemed to be specific. Those matters for which there are no specific provisions in this chapter shall be deemed to be prohibited.
B. 
Use regulations.
(1) 
Except as hereinafter provided, no building or structure or part thereof and no lot or land or part thereof shall hereafter be used except for a purpose specifically permitted by the provisions of the Table of Use Regulations[1] for the district in which such building or structure, lot or land is located on the Zoning Map.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
(2) 
Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use. (See Article VII.)
(3) 
A special exception use authorized by the Board of Appeals shall be deemed a conforming use.
(4) 
A use authorized by a variance from the use regulations of this chapter granted by the Board of Appeals shall be deemed a nonconforming use.
(5) 
Mixed uses. The Planning Board may authorize more than one use on the same lot or within the same structure, subject to the following requirements:
[Added 2-26-2018 by L.L. No. 1-2018]
(a) 
The Planning Board shall make a finding that the uses are compatible and do not pose a risk to the public health, safety or welfare by reason of being located in close proximity to each other.
(b) 
All uses authorized by the Planning Board shall be permitted uses in the district in which the lot or structure is located, and if the uses are special exception uses, all relevant criteria of the uses shall be met.
(c) 
No residential use shall be permitted on the same lot as nonresidential uses, with the exception of:
[1] 
Caretaker units;
[2] 
Owner's units; or
[3] 
Residential units located over first-floor nonresidential uses as otherwise regulated by this chapter.
(d) 
The parking requirements as identified in this chapter for each use on the lot shall be met, except that the Planning Board may reduce the sum of the parking requirements by no more than 25% where it finds, in consultation with the Village Engineer, that the variation in the peak times of demand between the uses vary, such that a lower parking requirement will serve the purposes of this chapter.
(e) 
The minimum lot area requirements for each use as identified in this chapter shall be met.
(f) 
All structures shall provide the largest required yard and setback applicable to the uses located on the property or within the structures. The setback and yard requirements shall not be the total for each additional use.
(g) 
Where two or more structures are proposed on a single lot, the structures shall be separated by a distance equal to the largest required side yard required by the uses contained within each structure.
C. 
Dimensional regulations.
(1) 
Except as hereinafter provided, no building or structure or part thereof shall hereafter be erected, structurally altered, enlarged, rebuilt or moved except in conformity with the provisions of the Table of Dimensional Regulations[2] for the district in which such building or structure is located on the Zoning Map.
[2]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
(2) 
Any lawful existing building or structure that does not conform to such dimensional regulations of this chapter shall be deemed a nonconforming building or structure, irrespective of the use to which it is put. (See Article VII.)
(3) 
A building or structure or part thereof authorized as a variance from the dimensional regulations of this chapter, granted by the Board of Appeals, shall be deemed a nonconforming building or structure or part thereof.
(4) 
Density calculations.
[Added 9-9-2002 by L.L. No. 2-2002]
(a) 
For all subdivisions, the maximum number of lots or dwelling units (N) that the Planning Board may approve for land to be subdivided shall be the whole number (all fractions excluded) that results from the following calculation: gross parcel area (CPA), minus areas of steep slopes (SS), and wetlands and watercourses (WW), as defined in the Village of Maybrook Zoning Ordinance, minus 10% of the net parcel area (NPA) where NPA equals GPA - WW - SS, divided by the minimum lot size (MLS) required in the zoning district in which the land is located.
N = (GPA - WW - SS - 10% NPA)
MLS
Note: The ten-percent NPA deduction is to be made only when streets are included within the subdivision.
(b) 
Residential development requiring site plan or building permit approval, on land in excess of 0.5 acre and in single, undivided ownership containing steep slopes, which is not part of a new subdivision application shall be limited by deducting a portion of land from the gross parcel area in the same manner, following the calculation:
NPA = GPA - WW - SS.