A.
General construction of language. The following rules
of construction apply to the language of this chapter:
(1)
The specific shall control the general.
(2)
All words used in the present tense include the future
tense.
(3)
All words in the singular number include the plural
number, and vice versa, unless the natural construction of the wording
indicates otherwise.
(4)
Words used in the masculine gender include the feminine
and neuter, and vice versa, unless the natural construction of the
wording indicates otherwise.
(5)
The word "shall" is mandatory; the word "may" is permissive.
(6)
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.
(7)
Unless the context clearly indicates the contrary,
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.
(8)
The words "building" and "structure" include any part
thereof.
(9)
The words "lot," "plot" and "tract of land" shall
one include the other.
(10)
The word "premises" shall include land and all
structures thereon.
(11)
The word "herein" means "in this chapter"; the
word "regulations" means the regulations of this chapter; and the
words "this chapter" shall mean "this chapter and the maps included
herein as enacted or subsequently amended."
(12)
The words "occupied" and "used" shall be considered
to be followed by the words "or intended, arranged or designed to
be occupied or used," unless the natural construction of the wording
indicates otherwise.
(13)
References made to officials and official bodies
shall mean officials and official bodies of the Village of Pomona,
unless the natural construction of the wording indicates otherwise.
(14)
The "Village" is the Village of Pomona in the
County of Rockland, State of New York; the "Village Board," "Board
of Appeals," "Planning Board" and "Code Enforcement Officer" are,
respectively, the Board of Trustees of the Village of Pomona, the
Village of Pomona Zoning Board of Appeals, the Village of Pomona Planning
Board and the Village of Pomona Code Enforcement Officer.
(15)
In case of any difference of meaning or implication
between the text of this chapter and any caption or illustration,
the text shall control.
B.
Terms not defined. Where terms are not defined, they
shall have their ordinarily accepted meanings or such as the context
may imply.
As used in this chapter, the following terms
shall have the meanings indicated:
A building subordinate to the main building on the lot and
used for purposes customarily incidental to that of the main building.
Where an "accessory building" is attached to the main building in
a substantial manner, as by a wall or roof, such "accessory building"
shall be considered part of the main building.
The growing of field crops or raising of livestock.
A change or rearrangement in the supporting members of a
building or structure, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
A portion of a building partly underground, but having less
than half its clear height below the average grade of the adjoining
ground. See also "cellar."
The Board of Appeals of the Village of Pomona.
The Board of Trustees of the Village of Pomona.
Any structure having a roof, self-supporting or supported
by columns or walls, which is permanently affixed to the ground and
intended for the shelter, housing or enclosure of persons, animals
or chattel.
Any structure partially or totally supported by air pressure.
The maximum horizontal cross section of a building, including
porches, balconies and raised platforms, but excluding cornices, roof
overhangs, gutters or chimneys projecting not more than three feet
and steps and terraces not more than three feet above the average
adjacent ground elevation.
The New York State Uniform Fire Prevention and Building Code
adopted by the Board of Trustees of the Village of Pomona.
That percentage of the land area covered by the combined
building area of all buildings, excluding any buildings or structures
located completely below ground.
The size and shape of buildings and nonbuilding uses; and
the physical relationship of their exterior walls and accessory construction
to plot lines; and all open spaces required in connection with a building
or structure. "Bulk" regulations include regulations dealing with
plot area, plot frontage, plot width, plot depth, height, required
yards, the ratio of roofed or roofable area to the area of the plot.
An establishment offering services to the general public
or the business community.
An establishment, including facilities for seasonal use,
organized for recreational or athletic purposes.
A portion of a building partly or wholly underground, having
half or more than half of its clear height below the average grade
of the adjoining ground. See also "basement."
A place containing graves or tombs for the interment of the
dead.
The removal of trees with a circumference of 25 inches or
more measured at a height four and one half feet above existing ground
level at the base of the tree on the uphill side or the stripping
of soil.
[Added 6-23-1997 by L.L. No. 8-1997;
amended 11-25-2003 by L.L. No. 9-2003; 3-28-2005 by L.L. No. 2-2005]
A lot located at the junction of and fronting on two or more
streets intersecting at an angle of less than 135°.
See "nonconforming, dimensionally."
See "nonconformity, dimensional."
A building that is operated by an educational institution
located on the same lot and accessory to a principal school use and
which contains private or semiprivate rooms which open to a common
hallway, which rooms are sleeping quarters for administrative staff,
faculty or students. Communal dining, cooking, laundry, lounge and
recreation facilities may be provided. Dormitory rooms shall not contain
separate cooking, dining or housekeeping facilities except that one
dwelling unit with completed housekeeping facilities may be provided
for use of a superintendent or supervisory staff for every 50 dormitory
rooms. Not more than one communal dining room shall be provided in
any building used for dormitory purposes. Single-family, two-family
and/or multifamily dwelling units other than as described above shall
not be considered to be dormitories or part of dormitories.
[Added 9-27-2004 by L.L. No. 5-2004;
amended 1-22-2007 by L.L. No. 1-2007]
A passageway with an impervious surface for the use of motor
vehicles.
The average percent of grade increase or decrease of a driveway
measured from the property line at which the private property meets
the street to the end of pavement at the point at which the driveway
meets the building. A level area, not to exceed 4%, shall be provided
at the top of the driveway from the point at which the driveway meets
the building. This area shall be a minimum of 30 feet by 30 feet and
shall not be included in the driveway gradient calculation.
[Added 3-22-2004 by L.L. No. 2-2004]
A building containing a single principal dwelling unit occupied
by only one family and located in its own separate building which
does not abut any other dwelling unit.
A building containing two principal dwelling units located
in their own separate building which does not abut any other dwelling
and which does not include a dwelling unit attached or connected to
another dwelling by a party wall.
A building or portion thereof providing complete housekeeping
facilities for one family, including independent cooking, sanitary
and sleeping facilities, and physically separate from any other dwelling
unit whether or not in the same building.
Any private or religious elementary, junior high or high
school, college, graduate or post-graduate school conducting a full-time
curriculum of instruction a minimum of five days per week for seven
months per year and accredited by the New York State Education Department
or similar recognized accrediting agency.
[Added 1-22-2001 by L.L. No. 1-2001;
amended 9-27-2004 by L.L. No. 5-2004]
Any number of individuals related by blood, marriage or adoption,
or not more than four 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.
An establishment offering agricultural products grown or
raised on the premises for retail sale.
The placement of soil, rubble, spoils, rocks and/or any other
appropriate fill on any property for the purpose of raising or elevating
any portion of a property, except that the addition or movement of
shall amounts of earth and fill for the purpose of gardening or leveling
the grade by filling a hole or swale shall be excluded from regulation.
"Appropriate filling" shall not include the burying of garbage, trash,
combustibles or hazardous or toxic materials of any kind as the same
are defined from time to time by state and federal laws, rules and
regulations. Demolition or construction debris or waste shall not
be deemed acceptable fill material.
[Added 6-23-1997 by L.L. No. 8-1997;
amended 12-22-1997 by L.L. No. 14-1997]
The elevation of the completed surfaces of lawns, landscaped
areas, walks, driveways and parking areas or of the existing ground
where it remains undisturbed.
The horizontal area of a story of a building, 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 covered and uncovered porches, balconies and raised
platforms, but excluding cornices, roof overhangs, gutters or chimneys
projecting not more than three feet and steps and terraces not more
than three feet above the average adjacent ground elevation.
Gross floor area divided by the area of a lot.
See "lot frontage."
See "lot line, front."
See "yard, front."
A part of a building, fully enclosed with four walls and
a roof, used for the parking of motor vehicles.
The changing or alteration of the surfaces of slopes of lawns
or grounds on a site.
[Added 6-23-1997 by L.L. No. 8-1997]
The total floor area of all residential floors of a building,
including all areas with headroom of 75 inches or more.
An uppermost story in which the floor area, having a clear
height of at least 7 1/3 feet, is 1/3 or less of the floor area
of the story next beneath it.
The vertical distance measured from the average elevation
of the proposed 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 eaves and ridge for gable, hip
and gambrel roofs.
Any commercial use customarily conducted entirely within a dwelling and carried on by residents thereof who are personally present during substantially all of the operations of the home occupation, and no more than two nonresident employees, subject to the provisions of §§ 130-11E and F, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a hospital, barbershop, beauty parlor, coffee house, tearoom, rooming house, tourist home, veterinary office, animal hospital, warehouse, cooperative, medical center, funeral home or any other similar use shall not be deemed to be a home occupation.
[Amended 1-27-1997 by L.L. No. 2-1997; 6-23-1997 by L.L. No.
7-1997]
A building or structure commonly referred to as a church,
synagogue or similar place of worship, intended primarily for the
conduct of organized or regularly scheduled religious services.
[Added 1-23-1995 by L.L. No. 2-1995;
amended 1-22-2007 by L.L. No. 2-2007]
Those surfaces which do not absorb stormwater. All buildings,
parking areas, driveways, roads, sidewalks and any areas in concrete,
asphalt or packed stone shall be considered "impervious surfaces"
within this definition. In addition, other areas determined by the
Village Engineer to be impervious within the meaning of this definition
will also be classed as "impervious surfaces."
An off-street space available for the loading or unloading
of goods, not less than 15 feet wide, 40 feet long and with a minimum
overhead clearance of 14 feet.
A parcel of land, not divided by streets, together with such
yards as are required by 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 suitable
as a condition of the issuance of a building permit on the lot.
The total horizontal area included within the boundaries
of the lot.
That percentage of the plot or lot area covered by buildings
and structures that have foundations and are or can be roofed over.
Open swimming pools shall not be considered a part of "lot coverage."
The horizontal distance measured along the full length of
a public street line abutting the lot.
[Amended 2-28-2005 by L.L. No. 1-2005]
A property line bounding a lot.
Any lot line separating the lot from the street.
The lot line which is generally opposite and parallel to
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, lying wholly within the lot and farthest
from the front lot line.
Any lot line other than a front lot line and the rear lot
line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front yard requirement.
A building in which is conducted the principal use of the
lot on which such building is situated.
A device, also known as a "satellite dish" or "earth station,"
whose purpose is to receive communication or other signals from orbiting
satellites and which is designed for use by not more than two dwelling
units.[1]
Any activity, whether or not engaged in for profit, involving
the sale, collection, distribution or warehousing of goods to members
of the general public or to specific persons forming a club or purchasing
group.
[Added 1-27-1997 by L.L. No. 2-1997][2]
See "trailer."
A freestanding pole having a single point of location on
the ground comprising a part of a wireless communication services
facility. For purposes of this chapter, the term monopole shall include,
in addition to the pole, all other components of the wireless telecommunication
services facility.
[Added 5-18-1998 by L.L. No. 2-1998]
A building used or designed as a residence for two or more
families living independently of each other and doing their own cooking
therein.
Non-Ionizing electromagnetic radiation.
[Added 5-18-1998 by L.L. No. 2-1998]
That part of a building, structure or nonbuilding use which
does not conform to one or more of the applicable bulk regulations
of this chapter.
A use of a building or land, or both, which was lawfully
established but which does not conform to the use regulations for
the district in which it is located. It may or may not involve any
principal building. Any use which is permitted in a district by special
permit shall be considered a conforming use, subject to all conditions
applicable thereto.
The status of a building or structure that is conforming
in use but does not conform to the lot dimension, yard dimension,
height, building coverage, floor area ratio, off-street parking, loading
or similar dimensional requirements of this chapter and which conformed
to such dimensional requirements of the zoning regulations in effect
at the time such building or structure was established.
A corporation formed or existing under the Not-For-Profit
Corporation Law of New York State.
An establishment providing care for three or more children
and operated in accordance with the Social Services Law of the State
of New York.
See "dwelling, one-family detached."
Ownership by the same person, corporation, firm, entity,
partnership or unincorporated association, or owned by different corporations,
firms, partnerships, entities or unincorporated associations in which
a stockholder, partner or associate or a member of his family owns
an interest in each corporation, firm, partnership, entity or unincorporated
association.
An off-street area with an impervious surface containing
one or more parking spaces.
An off-street space available for the parking of one motor
vehicle on a transient basis. Such space shall not be located in a
front yard.
A parking space located in a fully enclosed structure.
Any individual or group of individuals, corporation, partnership,
association or any other entity, including state and local governments
and agencies.
The Planning Board of the Village of Pomona.
A not-for-profit corporation organized to cater exclusively
to its members and their guests, including land, buildings and facilities
for recreational, athletic, social, professional and cultural purposes.
The members of the organization shall have a financial interest in,
and method of control of, the assets and management of the "private
membership club."
Any tree of historical value as determined by resolution
of the Board of Trustees or any tree having a circumference of 45
inches or more measured at a height 4 1/2 feet above existing
ground level at the base of the tree on the uphill side.
[Added 3-28-2005 by L.L. No. 2-2005]
An educational institution operated by a public school district
in accordance with the Education Law of the State of New York.
Any person duly authorized to furnish to the public, under
public regulation, electricity, gas, water, sewage treatment, steam,
cable television or telephone or telegraph service, including wireless
communication services which are regulated separately under this chapter.
[Amended 5-18-1998 by L.L. No. 2-1998]
See "lot line, rear."
See "yard, rear."
A vehicular device designed to be used primarily as a temporary
abode for travel, recreation or vacation use, including camper trailers,
motor homes, pickup coaches and travel trailers.
Facilities designed and used for active and passive participatory
athletic and general recreation activities, such as health clubs,
gymnasiums, dance halls, skating rinks, swimming pools, tennis courts,
ball fields, bowling alleys and billiard rooms; excluded are facilities
intended for spectator activities, such as stadiums and arenas, and
any structure in which is maintained for the amusement, patronage
or recreation of the public more than three electronic games. Also
excluded are basketball facilities commonly found on residential premises
at the edge of driveways or at the rear of homes and consisting of
a pole, backboard and hoop for the playing of basketball.
[Amended 7-28-1997 by L.L. No. 10-1997][3]
A building designed or used as the living quarters for one
family.
An occupant of a rooming unit.
One or more rooms, with or without private bathroom facilities,
but without cooking facilities, which are rented or available for
rent and which are located within a dwelling unit.[4]
Either a strip at least four feet wide densely planted (or
having equivalent natural growth) with shrubs or trees at least four
feet high at the time of planting, of a type that will form a year-round
dense screen at least six feet high within three years, or an opaque
wall or barrier or uniformly painted fence at least six feet high.
See "lot line, side."
See "yard, side."
Any structure or part thereof, or any device attached thereto
or painted thereon, or any material or thing, illuminated or otherwise,
which displays or includes any numeral, letter, work, model, banner,
emblem, light, device, trademark or other representation used as an
announcement, designation, direction, display or advertisement of
any person, firm, group, organization, commodity, service, profession
or enterprise when placed in such a manner that it provides visual
communication to the general public out of doors.
The area which results from the multiplication of the outside
dimensions of a sign; the vertical, horizontal or diagonal supports
which may affix the sign to the ground or to a structure shall not
be included in determining these dimensions unless such supports are
clearly a part of the message of the sign. Where a sign is on a plate
or outlined or framed, all of the area of such plate or the area enclosed
by such outline or frame shall be included. Where the sign consists
of individual letters or symbols attached to or painted on a surface,
the area shall be considered to be that of the smallest single rectangle
which encompasses all of the letters or symbols. Where the sign consists
of multiple plaques or parts, the "sign area" shall be the total area
of all such parts. The area of all signs that can be seen from more
than one side shall be considered to be the area of the largest side
on which the message appears.
A rendering, drawing or sketch prepared to specifications,
and containing the necessary elements as set forth in § 118-32
of this Code, showing the arrangement layout and design of the proposed
use of a single parcel of land as shown on said plan.
[Amended 2-28-1994 by L.L. No. 1-1994]
A device or combination of devices which relies upon solar
radiation as an energy source that is employed for the purposes of
the heating or cooling of a building, the heating of water or the
generation of electricity.
An authorization of a particular land use permitted by the
Zoning Code of the Village of Pomona, subject to conditions imposed
by such Code to assure that the proposed use is in harmony with said
Code and will not adversely affect the neighborhood in which such
use is to occur if such conditions are met.
[Added 2-28-1994 by L.L. No. 1-1994]
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost "story" shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a basement
or cellar is more than six feet above the finished grade, such basement
or cellar shall be considered a "story."
An existing state, county, town or Village highway or road,
or a way shown on a subdivision plat approved by the Planning Board
of the Village of Pomona, Town of Ramapo or Town of Haverstraw 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 such
Board of the power to approve subdivision plats, including all of
the land within the right-of-way.
Anything constructed or erected above or below ground. Included
are swimming pools, parking garages, tennis courts, parking areas
and driveways.
Any division of land into two or more parcels.
A pool operated for members and their guests.
A man-made body of water or receptacle for water having a
depth of more than 20 inches and a water surface area of more than
80 square feet and constructed, installed or maintained in or above
ground outside any building.
An uncovered flat platform with a surface material. A "terrace"
which has a roof and which is attached to a building shall be considered
a "porch."
A vehicle which can be used for living or sleeping purposes,
standing on or designed to stand on wheels or on rigid supports.
The specific purpose for which land, water, a building or
a structure is designed, arranged, intended or for which it is or
may be occupied or maintained.
A use which is customarily incidental and subordinate to
the principal permitted use on the lot and located on the same lot
therewith, except that where specifically provided, accessory off-street
parking need not be located on the same lot. An "accessory use" may
not be accessory to another "accessory use."
The main use of a structure or lot.
A use allowed in a district, subject to the issuance of a special permit in accordance with the provisions of § 130-10 of this chapter.
The provision of wireless telecommunication services, including
those more commonly referred to as "cellular phones," which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless service" is defined in the
Communications Act of 1996, 47 U.S.C. Section 332(c)(7)(C), or as
hereafter amended.
[Added 5-18-1998 by L.L. No. 2-1998]
Any equipment used in connection with the commercial operation
of wireless telecommunication services, as defined herein, and as
the term "personal wireless services facility" is defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. Section 332(c)(7)(C), or as hereafter amended, to transmit
and/or receive frequencies, including but not limited to antennas,
monopoles, equipment, appurtenances and structures.
[Added 5-18-1998 by L.L. No. 2-1998]
Open space on the same lot as a building or structure, which
open space lies between the building or structure and the nearest
lot line. A "yard" shall be measured as the shortest distance between
the building or structure and the lot line.
A yard extending the entire length of the front lot line
and lying between the front lot line and the nearest part of the building
or structure.
A yard extending the entire length of the rear lot line and
lying between the rear lot line and the nearest part of the building
or structure.
Open and unobstructed ground area of the plot extending inward
from a plot line the distance specified in the regulations for the
district in which the plot is located.
A yard between a side lot line and the nearest part of the
building and extending from the front yard to the rear yard, or, in
the absence of either of such yards, to the front and rear lot line,
as the case may be.
[1]
Editor's Note: The former definition of "major
religious use," which was added 1-23-1995 by L.L. No. 2-1995 and which
immediately followed this definition, was repealed 1-22-2007 by L.L.
No. 2-2007.
[2]
Editor's Note: The former definition of "minor
religious use," which was added 1-23-1995 by L.L. No. 2-1995 and which
immediately followed this definition, was repealed 1-22-2007 by L.L.
No. 2-2007.
[3]
Editor's Note: The former definition of "religious
or neighborhood gathering," which was added 1-23-1995 by L.L. No.
2-1995 and which immediately followed this definition, was repealed
1-22-2007 by L.L. No. 2-2007.
[4]
Editor's Note: The definition of "school,"
which immediately followed this definition, was repealed 9-27-2004
by L.L. No. 5-2004.
