[Amended 2-28-1994 by L.L. No. 1-1994; 1-23-1995 by L.L. No. 2-1995; 1-27-1997 by L.L. No. 2-1997; 1-27-1997 by L.L. No. 2-1997; 6-23-1997 by L.L. No. 7-1997; 6-23-1997 by L.L. No. 8-1997; 7-28-1997 by L.L. No. 10-1997; 12-22-1997 by L.L. No. 14-1997; 5-18-1998 by L.L. No. 2-1998; 1-22-2001 by L.L. No. 1-2001; 11-25-2003 by L.L. No. 9-2003; 3-22-2004 by L.L. No. 2-2004; 9-27-2004 by L.L. No. 5-2004; 2-28-2005 by L.L. No. 1-2005; 3-28-2005 by L.L. No. 2-2005; 1-22-2007 by L.L. No. 1-2007; 1-22-2007 by L.L. No. 2-2007; 8-16-2021 by L.L. No. 1-2021; 9-13-2021 by L.L. No. 2-2021; 6-27-2022 by L.L. No. 2-2022]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORYThe term applied to a building, structure or use which is clearly incidental or subordinate to, and customarily in connection with, the principal building, structure or use and which is located on the same lot with the principal building, structure or use. Any accessory building or structure attached to a principal building or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure.
ACCESSORY BUILDINGA 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.
ALTERATIONA 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.
BASEMENTA 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."
BUILDINGAny 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.
BUILDING AREAThe 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.
BUILDING CODEThe New York State Uniform Fire Prevention and Building Code adopted by the Board of Trustees of the Village of Pomona.
BUILDING COVERAGEThat percentage of the net lot area covered by the combined building area of all buildings, excluding any buildings or structures located completely below ground.
BULKThe 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.
CAMPAn establishment, including facilities for seasonal use, organized for recreational or athletic purposes.
CELLARA 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."
CEMETERYA place containing graves or tombs for the interment of the dead.
CLEARINGThe 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.
CORNER LOTA lot located at the junction of and fronting on two or more streets intersecting at an angle of less than 135°.
DORMITORYA 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.
DRIVEWAYA passageway with an impervious surface for the use of motor vehicles.
DRIVEWAY GRADIENTThe 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.
DWELLING, ONE-FAMILY DETACHEDA 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.
DWELLING, TWO-FAMILY DETACHEDA 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.
DWELLING UNITA 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.
EDUCATIONAL INSTITUTIONAny 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.
FAMILYAny 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.
FARM STANDAn establishment offering agricultural products grown or raised on the premises for retail sale.
FILLINGThe 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.
FINISHED GRADEThe elevation of the completed surfaces of lawns, landscaped areas, walks, driveways and parking areas or of the existing ground where it remains undisturbed.
FLOOR AREAThe 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.
FLOOR AREA, GROSSThe total horizontal area of all floors 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, with headroom of 75 inches or more, including:
B. Attic space or other unfinished space, whether or not a floor has been laid;
Roofed porches, breezeways, and carports; and
Garages;
but excluding cornices, roof overhangs, gutters or chimneys projecting not more than three feet, uncovered decks or steps, and steps and terraces not more than three feet above the average adjacent ground elevation.
FLOOR AREA RATIOGross floor area of all buildings on al ot divided by the area of a lot.
GARAGEA part of a building, fully enclosed with four walls and a roof, used for the parking of motor vehicles.
GATHERINGS OF PERSONS, REGULARLY SCHEDULED NONCOMMERCIALNoncommercial regularly scheduled large gatherings, meeting all of the following criteria:
A. The occupancy of the gatherings shall be the lesser of: (i) 49 persons; or (ii) the number of persons determined by dividing the number of square feet of the portion of the residence so designated for such a gathering by 15 square feet per person. The requirement of no more than 49 occupants is the maximum permitted before the use category of "assembly" would be applicable under the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time. The standard of 15 square feet per person is set forth in Table 1004.5 of said New York State Code, which is applicable to unconcentrated assembly without fixed seats,
The designated area for such a gathering shall have a maximum floor area of 49% of the gross floor area of the one-family detached residence.
Any use that exceeds any of the above criteria at any time shall not be considered a noncommercial regularly scheduled gathering. The Building Inspector shall determine the appropriate use category based upon the requirements of this chapter.
GRADINGThe changing or alteration of the surfaces of slopes of lawns or grounds on a site.
HALF STORYAn 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.
HEIGHT, BUILDINGThe 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.
HOME OCCUPATIONAny 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.
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.
HOUSE OF WORSHIP, COMMUNITYA building or buildings with a combined gross floor area greater than 10,000 square feet whose principal use is intended primarily for the conduct of organized or regularly scheduled religious services or secondarily for special religious occasions including, but not limited to, funerals, weddings or celebrations of life events.
HOUSE OF WORSHIP, NEIGHBORHOODA building or buildings with a combined gross floor area of 10,000 square feet or less, whose principal use is intended primarily for the conduct of organized or regularly scheduled religious services.
IMPERVIOUS SURFACEThose surfaces which do not absorb stormwater. All buildings, decks, parking areas, driveways, roads, sidewalks, swimming pools and any areas in concrete, pavers, 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."
LOADING SPACEAn 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.
LOTA 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.
LOT AREAThe total horizontal area included within the boundaries of the lot.
LOT AREA, GROSSThe total horizontal area included within the boundaries of the lot, uncorrected or adjusted for legal encumbrances or surface conditions.
LOT AREA, NETThe remaining lot area, once the sum of following parts of the subject lot, if present, are subtracted from the total horizontal area included within the boundaries of the lot:
A. Any land under a surface water body;
One quarter of any land which is defined as a freshwater wetland by the U.S. Army Corps of Engineers, the New York State Department of Environmental Conservation and/or Chapter
126 of this code;
Any land within a 100-year-frequency floodplain.
LOT COVERAGEThat percentage of the net lot area covered by impervious surfaces.
LOT FRONTAGEThe horizontal distance measured along the full length of a public street line abutting the lot.
LOT LINE, REARThe 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.
LOT LINE, SIDEAny lot line other than a front lot line and the rear lot line.
LOT WIDTHThe distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum front yard requirement.
MAIN BUILDINGA building in which is conducted the principal use of the lot on which such building is situated.
MICROWAVE RECEIVING DISHA 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.
MERCHANDISINGAny 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.
MONOPOLEA 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.
MULTIPLE DWELLINGA building used or designed as a residence for two or more families living independently of each other and doing their own cooking therein.
NIERNon-Ionizing electromagnetic radiation.
NONCONFORMING BULKThat part of a building, structure or nonbuilding use which does not conform to one or more of the applicable bulk regulations of this chapter.
NONCONFORMING USEA 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.
NONCONFORMITY, DIMENSIONALThe 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.
OFFER TO RENTTo personally or through an agent, referral service, representative or other entity or person, communicate or advertise, verbally, in writing, or through electronic means or otherwise, the availability for rental or similar use of any dwelling or rooming unit, or to knowingly allow, commission, authorize, or permit such communication or advertisement.
OWNERSHIP, SINGLEOwnership 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.
PARKING AREAAn off-street area with an impervious surface containing one or more parking spaces.
PARKING SPACEAn 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.
PERSONAny individual or group of individuals, corporation, partnership, association or any other entity, including state and local governments and agencies.
PRIVATE MEMBERSHIP CLUBA 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."
PROTECTED TREEAny 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.
PUBLIC SCHOOLAn 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.
RECREATIONAL VEHICLEA 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.
RECREATIONAL FACILITIESFacilities 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.
RESIDENCEA building designed or used as the living quarters for one family.
SCREENINGEither 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.
SHORT-TERM RENTALA dwelling unit and/or any accessory outdoor areas, yards or structures that are rented, in whole or in part, to any person or entity for a period of 29 consecutive nights or less. "Rental" means an agreement, written or oral, granting use or possession of a residence, in whole or part, to a person in exchange for monetary compensation or other valuable consideration. "Short-term rental" shall also mean the selling of shares, time-share ownership or the establishing of other ownership, tenancy or use arrangement in which a person obtains a right of occupancy in all or any portion of a dwelling unit and/or accessory outdoor areas or yards or accessory structures for 29 consecutive nights or less. The term "short-term rental" shall not include month-to-month tenancies in dwelling units.
SIGNAny 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.
SIGN AREAThe 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.
SITE PLANA 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.
SOLAR ENERGY COLLECTORA 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.
SPECIAL PERMIT USEAn 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.
STORYThat 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."
STREETAn 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.
STRUCTUREAnything constructed or erected above or below ground. Included are swimming pools, parking garages, tennis courts, parking areas and driveways.
SUBDIVISIONAny division of land into two or more parcels.
SWIMMING POOLA 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.
TERRACE or PORCHAn 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."
TRAILERA vehicle which can be used for living or sleeping purposes, standing on or designed to stand on wheels or on rigid supports.
USEThe 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.
USE, ACCESSORYA 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."
USE, SPECIAL PERMITA 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.
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.
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.
YARD, FRONTA 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.
YARD, REARA 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.
YARD, REQUIREDOpen 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.
YARD, SIDEA 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.