Village of Tuxedo Park, NY General Provisions

The word "person" includes a corporation, association, partnership, estate, trust and personal representative of a decedent, as well as an individual.

(4)

The words "built" or "constructed" shall be construed to include "erected, altered, converted, enlarged and reconstructed."

(5)

The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING

A building which is subordinate and accessory to the principal building or use and is used for purposes customarily incidental to those of the principal building or use, including but not limited to a private boathouse, dock, private garage, carport, shed, corral, private ring or stable, swimming pool and appurtenant bathhouse, cabana, terrace or deck, toolhouse, children's playhouse, tennis court or platform tennis, racquetball or similar game court or private greenhouse.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of the land or building.

ADVERTISE

Advertise shall mean any form of communication for marketing that is used to encourage, persuade or manipulate viewers, readers or listeners into contracting for goods and/or services as may be viewed through various media including but not limited to, newspapers, magazines, flyers, handbills, television commercials, radio, signage, direct mail, websites or text messages.

[Added 6-20-2018 by L.L. No. 1-2018]

ALTERATION

A change, rearrangement or demolition of any structural element of a building, including but not limited to walls and partitions, floors, roofs, doors and windows.

BUILDING

Any structural enclosure, including but not limited to a house, garage, cabana, stable, shed, cottage, gazebo, boathouse, greenhouse, folly, animal shelter, playhouse, carport or any remaining part thereof.

BUILDING AREA

The aggregate of the maximum horizontal cross section area of the building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, steps, one-story porches, bay windows not extending through more than one story and not projecting more than five feet, balconies and terraces.

BUILDING, HEIGHT OF

The vertical distance measured from the lowest finished grade on the perimeter of the foundation to the highest point of the structure.

BUILDING, PRINCIPAL

A building designed to be used as the main dwelling house or building on the lot.

BUILDING, RESIDENCE

Any house or building which is occupied in whole or in part as a home, residence or sleeping place of one or more persons.

[Amended 12-21-1990 by L.L. No. 1-1990]

CONVERSION

Any change in the use of a building whether or not it involves physical or structural alterations. This does not preclude physical changes being construed as a conversion.

DWELLING, ONE-FAMILY

A detached building designed for and occupied as a home or residence for not more than one family, as defined herein.

ENVIRONMENTAL ASSESSMENT FORM (EAF)

SEQRA Environmental Assessment Form as referenced in 6 NYCRR Part 617.

[Amended 3-18-2009 by L.L. No. 3-2009]

FAMILY

Any number of individuals related by blood, marriage or adoption, or not more than three persons who are not so related, living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together.

FENCE

A dividing or enclosing or screening structure of rails, pickets, wires, boards, posts, stones or other materials, which structure shall include walls, dikes, trellises, berms, ballustrades, etc.

GARAGE, PRIVATE

A building used for the storage of motor vehicles and the storage of garden machinery and recreational equipment owned and regularly used by or on behalf of the owners or tenant of the lot on which it is erected and for a purpose accessory to the permitted use of the lot.

GROUND FLOOR

The lowest story entirely above the level of the ground in the front of the building.

GUEST

A friend, acquaintance or other individual residing in a household for a temporary period of time not to exceed eight weeks per calendar year whose stay involves no remuneration in money, barter, gift, services, loan or other form of compensation.[1]

[Amended 12-21-1990 by L.L. No. 1-1990]

HOME OCCUPATION

An occupation for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling, provided that no article or service is sold or offered for sale except as may be produced by members of the immediate family residing on the premises.

HOUSEKEEPING UNIT

The single home, residence or sleeping place of one or more persons cooking and doing the work of keeping house as a family.

KENNEL

Facilities for caring for four or more dogs.

LOT

A parcel or portion of land occupied or designed to be occupied by one principal building and its accessory buildings or uses customarily incident to it, if any, including such yards or open space uses in connection with such buildings as are required by this chapter, the area of such lot to be measured to the street line only. Premises are included within the definition of the word "lot."

LOT, CORNER

A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT, DEPTH OF

The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

Any line dividing one lot from another.

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets.

LOT, WIDTH OF

The mean width of a lot measured at right angles to its depth.

NET FLOOR AREA

The area enclosed by the inside surface of walls and having headroom of at least six feet six inches, including living, eating, cooking, sleeping, circulation, service, utility and all other related household spaces, but excluding garages, storage areas, carports, parking spaces and areas below the first floor.

[Amended 12-21-1990 by L.L. No. 1-1990]

NONCONCOMPLYING BUILDING OR STRUCTURE

A building or structure, lawfully existing on February 17, 1987 (the day immediately preceding the effective date of this chapter), or a building or structure lawfully existing on the day immediately preceding the effective date of any amendment to this chapter affecting such building or structure, which does not conform to the building regulations or bulk table restrictions presently applicable in the zoning district in which that building or structure is located, irrespective of the use to which such building or structure is put.

[Amended 6-10-2009 by L.L. No. 5-2009]

NONCONFORMING USE

Any use of a building or structure, lot or land, or part thereof, lawfully existing on February 17, 1987 (the day immediately preceding the effective date of this chapter), or the use of a building or structure, lot or land, or part thereof, lawfully in existence on the day immediately preceding the effective date of any amendment to this chapter affecting such use, consistently carried on thereafter, which does not conform to the use restrictions presently applicable in the zoning district in which that use is being conducted.

[Amended 6-10-2009 by L.L. No. 5-2009]

OFFICE

A room or rooms in which a person regularly transacts business and carries on a business or occupation where primary records, files or other data are kept and/or a telephone is used to initiate, conduct or conclude business transactions.

OWNER

Includes, in addition to the person who has title to the land in fee, the occupant or a tenant, an architect or contractor or any individual acting as an agent for the owner, tenant or occupant.

[Amended 12-21-1990 by L.L. No. 1-1990]

PASSENGER VEHICLE

A registered automobile or motorcycle used primarily for the nonrecreational transportation of people. It does not include pickup trucks, limousines for hire, motor homes, trailers, commercial vehicles, tractors, trucks, utility vans, buses, wagons or equipment for construction, landscaping or other commercial purposes.

[Amended 12-21-1990 by L.L. No. 1-1990]

PERMANENT RESIDENCE PURPOSES

For the purposes of this chapter, "permanent residence purposes" shall consist of occupancy of a residence building by the same natural person or family for 30 consecutive days or more and a person or family so occupying a residence building shall be referred to herein as the permanent occupants of such residence building. The following uses of a residence building by the permanent occupants thereof shall not be deemed to be inconsistent with the occupancy of such residence building for permanent residence purposes:

[Added 6-20-2018 by L.L. No. 1-2018]

(1)

Occupancy of such residence building for fewer than 30 consecutive days by other natural persons living within the household of the permanent occupant such as house guests, provided that there is no monetary compensation paid to the permanent occupants for such occupancy; or

(2)

Incidental and occasional occupancy of such residence building for fewer than 30 consecutive days by other natural persons when the permanent occupants are temporarily absent for personal reasons such as vacation or medical treatment, provided that there is no monetary compensation paid to the permanent occupants for such occupancy; or

(3)

Occupancy of such residence building by caregivers, nurses or other persons providing caregiving or medical services to a permanent occupant or a member of her family.

SERVANT

A paid employee whose principal occupation is to provide personal or household services for the occupants of a dwelling.

SETBACK

The horizontal distance from any lot line to the part of the building or the story respectively which is nearest such lot line.

SIGN

Includes the word "billboard" and means any advertising structure, sign, picture, word or device for the advertisement thereon or thereby of any commodity, service, thing or direction.

STABLE, PRIVATE

An accessory building in which not more than five horses are kept for private use of the owner and not for hire, remuneration or sale.

STORY

That 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 any floor and the ceiling or roof next above it.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

STRUCTURE

Any combination of materials or fabrication which forms a construction, such as but not limited to any building, driveway, road, tennis court, gate post, barn, dock, antenna, steps, pool, tank, fence, wall, trellis, headwall, bridge, utility pole, tower, berm, tent, paved walk, corral, ring, lean-to, foundation, etc.

STUDIO

The workroom of an artist or photographer, but not including any commercial motion-picture, computer, radio or television facility.

[Amended 12-21-1990 by L.L. No. 1-1990]

SUBSTANDARD LOT

A lot, the area or dimension of which was lawful on February 17, 1987 (the day immediately preceding the effective date of this chapter), or a lot the area or dimension of which was lawful on the day immediately preceding the effective date of any amendment to this chapter affecting the area or dimensional requirements of such lot, which does not conform to the area and dimensional requirements presently applicable in the zoning district in which that lot is located.

[Added 6-10-2009 by L.L. No. 5-2009]

TAILORING TO THE NATURAL TERRAIN

All structures and associated driveways, gardens, terraces, walls, ponds, patios, and utilities must be constructed so as to minimize to the greatest extent practicable all blasting, chipping, cutting, filling, and mechanical recontouring of the natural terrain, and take advantage of the screening potential of existing vegetation and land features.

[Added 6-10-2009 by L.L. No. 7-2009[2]]

VILLAGE

The incorporated Village of Tuxedo Park.

YARD

The space between any building or part of a building and any lot line or street line.

(1)

FRONT YARD -- A yard across the full width of the lot extending from the front wall of the building to the street line.

(2)

REAR YARD -- A yard across the full width of the lot from the rear wall of the building to the rear line of the lot.

(3)

SIDE YARD -- A yard extending from the front yard to the rear yard between the building and the adjacent side line of the lot.

[1]

Editor's Note: The former definition of "home occupation," which immediately followed this definition, was repealed 4-20-2011 by L.L. No. 1-2011.

[2]

Section 9 of this local law provided that the following are exempted from this local law: normal repairs and maintenance that do not alter the design, materials or appearance of a structure and construction which had received all necessary final approvals from the Planning Board and/or Board of Architectural Review, or received a final filed decision from the Board of Zoning Appeals granting a variance upon a determination that such construction is on a ridge line or at the end of a precipice, prior to 8-20-2008.