Words used in the present tense include the future; the singular
number includes the plural and the plural the singular; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the word "plot." The term "occupied" or "used" as applied to any building
shall be construed as though followed by the words "or intended, arranged
or designed to be occupied or used."
A.
ACRE
ALTER
APPLICANT
ARTICULATION
BASE DISTRICT
BASEMENT
BILLBOARD
BOARDINGHOUSE, LODGING HOUSE or ROOMING HOUSE
BOARD OF TRUSTEES
BUFFER
BUILDING
(1)
(2)
(3)
BUILDING AREA
BUILDING INSPECTOR
BULK
CERTIFICATE OF COMPLIANCE
CERTIFICATE OF OCCUPANCY
COMPREHENSIVE PLAN
COMMON OPEN SPACE
COVERAGE
(1)
(2)
CURB LEVEL
DENSITY
DEVELOPED LOT
DISTRICT or ZONE
DRIVEWAY
DWELLING, DETACHED ONE-FAMILY
DWELLING, MULTIFAMILY
DWELLING, ROW OR ATTACHED
DWELLING, TWO-FAMILY
DWELLING UNIT
EXTERIOR ARCHITECTURAL FEATURE
FACADE
FAMILY
FENCE
FLAG LOT
FLOOR AREA, HABITABLE, RESIDENTIAL
FLOOR AREA, LIVABLE, RESIDENTIAL
FRONTAGE
GRADE
GRADE PLANE
GROSS FLOOR AREA
GROUND FLOOR
HABITABLE ROOM
HEIGHT OF A STRUCTURE OR BUILDING
IMPERVIOUS SURFACE
LOCAL WATERFRONT REVITALIZATION PLAN (LWRP)
LOT
LOT AREA
LOT, CORNER
LOT, DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT WIDTH
NONCOMPLYING BUILDING
NONCONFORMING USE
OCCUPANCY
OPEN AREA
OPEN SPACE
OVERLAY DISTRICT
OWNERSHIP, SAME
(1)
(2)
(3)
PARKING AREA
PARKING LOT
PARTY WALL
PEDESTRIAN TRAFFIC FUNCTION
PERMITTED USE
PLANNING BOARD
PRINCIPAL BUILDING
PUBLIC SEWER AND PUBLIC WATER
RETAINING WALL
SCREEN or SCREENING
(1)
(2)
(3)
SETBACK
SHOPPING CENTER
SIGN
SIGN AREA
(1)
(2)
SITE PLAN
SLOPE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
SUBDIVISION
SWIMMING POOL, NONCOMMERCIAL
TEMPORARY SIGN
TRAILER, CAMPING
USE, ACCESSORY
VARIANCE
VILLAGE
VILLAGE ENGINEER
VILLAGE LAW
WATERCOURSE
WIDTH, BUILDING
YARD, FRONT
YARD, LINE
YARD, REAR
YARD, REQUIRED
YARD, SIDE
ZONING MAP
Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings herein indicated.
An area containing 43,560 square feet.
To change, enlarge or rearrange the structural parts of an
existing building or structure or to move a building from one location
or position to another.
The person or entity that is submitting an application for
development, or the successor to the same.
An architectural demarcation consisting of an element such
as a cornice line or entablature; a course of brick, stone or other
material which projects or is differently colored or differently laid;
or a change from an opaque surface to a void.
Any zoning district which is mapped in an area subject to
the provisions of an overlay district.
That portion of a building that is partly or completely below
grade plane. A basement shall be considered as a story where the finished
surface of the floor above the basement is:
Any 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
upon such lot, including motor vehicles with signs attached thereto
and parked in such a way as to serve as billboards, whether on the
same lot as the business or not. Exceptions are temporary signs and
way-finding signs.
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single-family unit.
The governing board of the Village.
An open space or landscaped area consisting of trees, shrubs,
berms, walls, solid fencing or a combination of all, so installed
to visibly and physically separate one use from another or to shield
or block noise, lights or other nuisances. The buffer shall not be
used or otherwise encroached upon by any parking, paving or aboveground
structure on the lot so as to provide for adequate separation and
protection from otherwise inharmonious or incompatible uses. A buffer
requirement is in addition to all yard and setback requirements and
is measured at right angles to and inward from the yard line.
Any structure used or intended for supporting or sheltering
any use or occupancy, as well as the following:
Fences projecting above the ground not more than 6.5 feet at
the lower ground level.
Masonry or rock walls projecting above the ground and not more
than 3.0 feet at the higher ground level and not more than 6.5 feet
at the lower ground level. Retaining walls are excluded.
[Amended 8-2-2011 by L.L. No. 3-2011]
Porches, outdoor bins and other similar structures.
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 Building Inspector of the Village or his designee. Any
reference to the Building Inspector in this chapter shall also be
deemed to include and refer to the Director of Code Enforcement.
[Amended 1-19-2010 by L.L. No. 1-2010]
The three-dimensional space within which a structure is permitted
to be built on a lot and which is defined by maximum height regulations,
coverage and yard setbacks.
Official certification that the use of a building conforms
to this chapter and to any additional applicable rules and regulations.
Official certification that a building or structure conforms
to this chapter and to any additional applicable rules and regulations
and may be occupied.
A comprehensive plan adopted by the Board of Trustees pursuant
to 722 of the Village Law which indicates the general locations recommended
for the various functional classes of public works, places and structures
and the general physical development of the Village and includes any
unit or part of such plan separately adopted and any amendment to
such plan or parts thereof.
The unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, and which is available and accessible to all occupants of the
building or buildings on said lot for purposes of active or passive
outdoor recreation.
BUILDING COVERAGEThat percentage of the land area covered by the combined building area of all buildings, excluding any building or structure located completely below ground.
IMPERVIOUS COVERAGEThat percentage of the land area covered by impervious surfaces.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
The number of dwelling units per acre of land, usually expressed
as dwelling units per acre.
A parcel or plot of land that is occupied by a principal
building.
Any portion of the territory of the Village within which
certain uniform regulations and requirements of various combinations
thereof apply under the provisions of this chapter.
A means of access for vehicles to or from a property to a
roadway.
A detached building containing one dwelling unit only.
A building or portion thereof containing three or more dwelling
units.
A one-family dwelling with party walls separating it from
adjacent units on one or both sides.
A detached building containing two dwelling units only in
which the units are separated by vertical or horizontal partitions
and not by a party wall.
A single unit providing complete, independent living facilities
for one family, including provisions for living, sleeping, eating,
cooking (including all types of cooking appliances) and sanitation.
All rooms in a unit must have an internal structural connection such
as internal doorways or internal stairs. A house trailer, boardinghouse
or rooming house, convalescent home, dormitory, fraternity or sorority
house, hotel, inn, lodging, nursing or other similar homes or other
similar structures shall not be deemed to constitute a dwelling unit.
[Amended 8-2-2011 by L.L. No. 3-2011]
The architectural style and general arrangement of such of
the exterior of a structure as is designed to be opened to view from
a public way, including kind, color and texture of building materials,
type of all windows, doors, lights, signs and other fixtures appurtenant
to such portion.
One side of the exterior of a building.
One or more persons, whether or not related by blood or marriage,
living and eating together as a single housekeeping unit and sharing
common expenses and household tasks.
Any partition or gate erected as a dividing marker, barrier
or enclosure and located along the boundary or within the lot area
consisting of posts or stakes joined together by materials such as
but not limited to boards, rails, netting or mesh. No fence in any
residential district shall include barbed or chicken wire.
[Added 8-2-2011 by L.L. No. 3-2011]
A lot that contains two distinct parts:
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars, heater
rooms and basements having a window area of less than 10% of the square
foot area of the room. Habitable floor area shall include all spaces
not otherwise excluded above that are arranged for living, eating,
food preparation or sleeping purposes, not including bathrooms, foyers,
hallways and other accessory floor space.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars, heater
rooms and basements having a window area of less than 10% of the square
foot area of the room. Livable floor area shall include all spaces
not otherwise excluded above, such as principal rooms, utility rooms,
bathrooms, all closets and hallways opening directly into any rooms
within the dwelling unit.
The horizontal distance measured along the full length of
a street line abutting the lot.
The finished ground level adjoining the building or structure
at all exterior walls.
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
For one- and two-family homes: The gross floor area shall
include all floor areas of all habitable rooms of all buildings and
structures on the site. For all other buildings and structures: The
gross floor area shall mean the sum of the areas of horizontal sections
through each story of all parts of the building devoted to residential
or commercial use. In computing the gross floor area, the area of
horizontal section shall be that area enclosed by the outside faces
of all exterior walls. Further, the gross floor area shall not include
the floor areas devoted to any accessory parking structures.
The lowest floor of a building having its entire floor to
ceiling height above grade.
A room or enclosed floor space arranged for living, eating,
food preparation or sleeping purposes, not including bathrooms, foyers,
hallways and other accessory floor space.
The vertical distance measured from the grade plane to the
average height of the highest point of the building or structure,
excluding the chimney and rooftop appurtenances such as antennas,
elevator penthouses, water towers or mechanical equipment.
Those surfaces, improvements and structures that cannot effectively
infiltrate snow melt and stormwater into the ground, including but
not limited to: parking areas, driveways, streets, sidewalks, areas
of concrete, asphalt, gravel or other compacted aggregate, swimming
pools, and areas covered by the outdoor storage of goods or materials
which do not absorb water.
The Local Waterfront Revitalization Plan, as adopted by the
Village Board of Trustees and amended from time to time.
A portion or parcel of land considered as a unit.
The total horizontal area included within the property lines
of a lot.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of the intersection does not exceed
135º. A lot abutting a curved street shall be deemed to be a
corner lot if the tangents to the curve at the points of intersection
of the side lot lines with the street lines intersect at an interior
angle of less than 135º.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
A line dividing one lot from another or from a street or
public place.
The lot line which abuts or runs along the designated street
line. In the case of a flag lot situated to the rear of another lot,
its front lot line shall be the rear lot line of the front lot for
purposes of measuring the front yard.
The lot line generally opposite to the street line; if the
rear lot line is less than 10 feet in length, or if the lot comes
to a point in the rear, the rear lot line shall be deemed to be a
line parallel to the street line, not less than 10 feet long, lying
farthest from the street line.
The dimension measured along the front yard line at substantially
right angles to the depth of the lot.
A building which contains a use permitted in the district
in which it is located, but which does not conform to the district
regulations for: lot area, width or depth; front, side or rear yards;
maximum height; lot coverage; or minimum livable floor area per dwelling
unit.
A use, whether of a building or tract of land, or both, existing
on the effective date of this chapter, which does not conform to the
use regulations of the district in which it is located.
The purpose for which a building or structure, or portion
thereof, is utilized or occupied.
An area of land that provides uninterrupted space for the
purposes of view corridor preservation. Open area may include open
space or green space, as well as parking or loading areas.
Areas of land or water essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment;
or for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space. Open space may be improved with those
buildings, of which not more than 25% roofed for shelter purposes
only, and other improvements that are designed to be incidental to
the natural openness of the land.
A zoning district establishing regulations which supersede
less restrictive regulations of a base district.
Includes all vested or contingent interests of any person
or his/her agent, representative, successor or assignee, irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her spouse, child,
parent, sibling or spouse of sibling, heir or next of kin, agent,
corporation, firm, entity, partnership or unincorporated association.
Ownership of property by different corporations, firms, partnerships,
entities or unincorporated associations, in which such a person is
a stockholder, a partner or associate or his or her spouse, child,
parent, sibling or spouse of sibling, heir or next of kin or owns
10% or greater in each corporation, firm, partnership, entity or unincorporated
association.
When such person or his/her estate, successors or assigns, or
any person or entity included in Subsections A and B herein, may be
materially or substantively affected by the relief sought, or by any
determination in any proceeding sought, before any board, body, commission
or agency of the Village of Ossining, whether or not such person is
a party to such application or proceeding and whether or not such
person appears on the record of such proceeding.
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 considerations.
An off-street, improved lot, or part thereof, used for the
storage of motor vehicles, which contains space rented to the general
public by the hour, week, month or year.
The wall created on the boundary of the two properties and
which serves as a common structure between the two premises owned
by different parties.
A measure of the intended use of the street for pedestrian
traffic. Streets with a high pedestrian function: examples include
Main Street, Highland Avenue, Croton Avenue, Spring Street, State
Street, Brandreth Street, Water Street and Depot Plaza.
A use of a building or land that conforms with the provisions
of this chapter.
The Village of Ossining Planning Board, established by law.
A building in which is conducted the main or principal use
of the lot on which said building is located.
Sewage disposal and water supply systems approved by the
Village Board for municipal operation.
A wall or portion thereof exceeding five feet in height built
to support or prevent the advance of a mass of earth.
[Added 8-2-2011 by L.L. No. 3-2011]
A densely planted vegetative strip at least five feet wide or
having equivalent natural growth. The shrubs or trees shall be at
least four feet high at the time of planting and will be a type of
planting that will form a year-round dense screen at least six feet
high within three years;
An opaque wall or barrier or uniformly painted fence at least
six feet high; or
Any other islands, barriers, emplacements, walls, fences, trees,
plantings, shrubbery or other artificial or natural dividing strips
or markers of any kind, wherever located on the site.
The distance between a structure and a lot line or, where
specified in this chapter, another reference point or line, such as
a curbline.
[Amended 8-2-2011 by L.L. No. 3-2011]
A tract of land, with buildings or structures planned as
a whole and intended for one or more establishments for retail, office
or allied purposes, on a site of 65,000 square feet or more.
Any structure, or part thereof or any device attached to
a building or painted or represented thereon or displayed in a window,
which shall display or include any letter, word, model, banner, pennant,
insignia, device, trade flag or representation which is in the nature
of or which is used as an announcement, direction or advertisement
for commercial purposes or otherwise. A sign includes a billboard
or a neon tube, string of lights or similar device outlining or hung
upon any part of a building or lot, but does not include the flag
or insignia of any nation or group of nations or of any governmental
agency or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event. Excluded from this definition are signs which are solely devoted
to prohibiting trespassing, hunting or fishing or signs required by
governments to indicate necessary public services or activities.
An area, including all faces of a sign, measured as follows:
When such sign is on a plate or framed or outlined, all of the
area of such plate or the area of such frame or outline shall be included.
When such sign consists only of letters, designs or figures
engraved, painted, projected or in any manner affixed on a wall, the
total area of such sign shall be deemed the area within which all
of the matter of which such sign consists may be inscribed.
A development plan of one or more lots or parcels meeting
the requirements of this chapter.
The deviation of a surface from the horizontal, measured
as the vertical distance (rise) divided by the horizontal distance
(run), and expressed in percent or degrees.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
(See "basement.")
[Amended 8-2-2011 by L.L. No. 3-2011]
Any space partially within the roof framing, where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches.
Includes a highway, road, avenue or alley which the public
has a right to and is Village dedicated or that is a federal, state
or county highway or street.
The dividing line between a lot and a street.
Any change in the supporting members of a building, such
as beams, columns or girders.
That which is built or constructed.
The division of land of real property into two or more lots,
plots, blocks or sites, with or without streets or highways, for the
purpose of offering such lots, plots, blocks or sites for sale, transfer
of ownership or development. The term "subdivision" may include any
alteration of lot lines or dimensions of any lots or sites shown on
a plat previously approved and filed in the Office of the County Clerk
in Westchester County in which such plat is located.
A body of water in an artificial receptacle or other container,
which will cause the retaining of water to a depth greater than 18
inches, and having a surface area of water greater than 100 square
feet and which is used or intended to be used for swimming by any
family or persons residing on the premises and their guests. Such
noncommercial pool shall not be operated for gain and shall be located
on a lot only as an accessory use to the dwelling or dwellings thereon.
Such noncommercial pool may be either an inground pool, which shall
mean a pool constructed within an excavated depression below the surface
of the ground, or an aboveground pool, which shall mean a pool, the
frame of which is constructed of steel, aluminum or wood and which
rests upon the ground surface, and may include a deck area which encircles
all or part of the outside perimeter of such pool.
A sign which relates to a single activity or event having
a duration of 30 days or less.
[Added 8-2-2011 by L.L. No. 3-2011]
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle, and equipped to be used
for living or sleeping quarters or so as to permit cooking. The term
"trailer" shall include vehicles if mounted on temporary or permanent
foundations with the wheels removed.
A use customarily incidental and subordinate to the main
use on a lot, whether such accessory use is conducted in a principal
or accessory building. An accessory use may not be accessory to another
accessory use.
Permission to depart from the literal requirements of a chapter
pursuant to the applicable standards of the Village Law.
The Village of Ossining.
The Village Engineer of the Village of Ossining.
The Village Law of the State of New York.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks and includes
any area adjacent thereto subject to inundation by reason of overflow
or floodwater.
The horizontal distance between the vertical planes of the
furthermost faces of a building, measured along or parallel to the
axis of its greatest dimension, excluding roof projections such as
eaves, rakes and soffets.
An unoccupied ground area, fully open to the sky, between
the street line and a line drawn parallel thereto along the front
of the building, extending from lot line to lot line.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
chapter.
An unoccupied ground area, fully open to the sky, between
the rear lot line and a line drawn parallel thereto along the rear
of the building, extending from lot line to lot line.
Any yard measured between a line drawn parallel to a street
or lot line at a distance therefrom equal to the respective yard dimension
required by this chapter.
An unoccupied ground area, fully open to the sky, between
any lot line other than a street or rear lot line and a line drawn
parallel thereto along the side of the building between the front
and rear yards.
The Zoning Map or Maps of the Village of Ossining, New York,
together with any amendments thereto as may be subsequently adopted.
B.
Use group classifications.
(1)
Use groups, categories and subcategories.
(a)
Use groups. This chapter classifies land uses into five major
groupings: residential; commercial; civic and institutional; industrial;
and accessory. These are referred to as "use groups."
(b)
Use categories and subcategories. Each use group is further
divided into more specific use categories. Use categories classify
land uses and activities based on common functional or physical characteristics.
Characteristics include the type and amount of activity, the type
of customers or residents, how goods or services are sold or delivered
and potential impacts on adjacent properties or areas. Subcategories
may be provided for some use categories and may be subject to differing
zoning district or use-specific standards.
(c)
Examples. Typical uses cited as examples of the use categories
and subcategories are not intended to be exclusive or restrictive.
(2)
Residential use group. The residential use group includes uses that
provide dwelling units for the purpose of ongoing living accommodations
to one or more person. The residential use group includes the following
use categories:
[Amended 8-2-2011 by L.L. No. 3-2011]
(a)
Household living. Residential occupancy of a dwelling unit by
a household with tenancy arranged on a monthly or longer basis.
[1]
Dwellings, single-family detached. A detached building containing
one dwelling unit only.
[2]
Dwellings, single-family attached. An attached one-family dwelling
with party walls separating it from adjacent units on one or both
sides.
[3]
Dwellings, two-family detached. A detached building containing
two dwelling units only in which the units are separated by vertical
or horizontal partitions and not by a party wall.
[4]
Dwellings, two-family attached. A two-family dwelling with party
walls separating it from an adjacent unit on one side.
[5]
Dwellings, multifamily. A building or portion thereof containing
three or more dwelling units.
(3)
Commercial use group. The commercial use group includes uses that
provide a business service or involve the selling, leasing or renting
of merchandise to the general public. The commercial use group includes
the following use categories:
(a)
Adult entertainment uses. For the definition of "adult entertainment use," see Chapter 60, Adult Entertainment.
(b)
Animal-related uses. Commercial services related to the temporary
care, boarding or medical treatment of animals. Uses are divided into
two subgroups based on the intensity of the use, outdoor activity
on the site and the potential for noise and odor-related externalities.
[1]
General. General animal-related uses have no outdoor facilities
and provide same-day services or treatment only for domestic animals
such as dogs, cats, fish, birds and small mammals. Overnight boarding
for larger animals such as dogs and cats is not permitted. Examples
include pet store and grooming uses occupying less than 5,000 square
feet of floor area.
[2]
Intensive. Intensive animal-related uses include larger pet
stores or provide outdoor facilities, overnight boarding or services
or treatments for larger animals. Examples include animal shelters,
kennels, stables, pet stores occupying more than 5,000 square feet
of floor area and veterinary clinics.
(c)
Bar or tavern uses. An establishment, which is licensed by the
New York State Liquor Authority, having as its principal or predominant
use the serving of beer, wine or liquor for consumption on the premises
and which sets a minimum age requirement for entrance and patronage,
consistent with state law. A bar or tavern use may also be accessory
to a brewery or distillery or similar operation on the premises and
may include the serving of alcoholic beverages crafted on premises
pursuant to required licenses and in compliance with all applicable
provision of the Village Code, including this chapter.
[Amended 1-20-2016 by L.L. No. 1-2016]
(d)
Entertainment or recreation uses. Commercial facilities used
primarily for physical exercise, recreation or cultural activities.
Uses are divided into two subgroups based on indoor or outdoor operations.
[1]
Indoor. Indoor uses in this category may require larger indoor
areas to accommodate equipment or facilities for the proposed commercial
entertainment or recreational activity. Examples include: physical
fitness centers; health clubs; gyms; bowling alleys; indoor skating
rinks; billiard halls; amusement arcades; indoor play parks; indoor
theaters; performing arts centers; music halls; museums.
[2]
Outdoor. Outdoor uses in this category are typically land-intensive
uses that provide continuous recreation or entertainment-oriented
commercial activities. They may take place in a number of structures
that are arranged together in an outdoor setting. Examples include:
commercially operated tennis and swimming facilities; golf driving
ranges; outdoor miniature golf facilities; and active sports facilities
such as batting cages.
(e)
Lodging uses.
[1]
Bed-and-breakfast. An owner-occupied residence used to provide
lodging accommodations and a morning meal to visitors for compensation,
provided that the owner lives on the premises and not more than six
bedrooms are so used for the NC Districts and nine bedrooms for the
VC District and Waterfront Districts. The maximum length of stay for
an individual guest shall be 14 nights.
[2]
Hotel. A facility offering 10 or more rooms for lodging accommodations
for compensation to the general public and which may also provide
additional services, such as meeting rooms, entertainment and recreational
facilities, all for the use of customers residing at the inn and their
guests only, and wherein all rooms are connected to interior hallways
and thereby to interior elevators, lobbies and/or stairways, through
which access to the exterior is gained. Motels and motor courts are
not included in this definition and are prohibited in all zoning districts.
(f)
Office uses. Office uses are characterized by activities conducted
in an office setting and generally focusing on business, government,
professional, medical or financial services. Uses are divided into
three subgroups based on land use impacts.
[1]
General. Professional offices, including lawyers, accountants,
engineers, architects and real estate agents; financial services,
such as mortgage lenders, brokerage houses, financial consultants,
administrative and banking facilities; data processing; government
offices; public utility offices; social service or other professional
agency or nonprofit offices; television and radio studios; and business
offices.
[2]
Live-work unit. An office or studio located within the same
dwelling unit as the primary residence of the proprietor. Uses may
include lawyers, architects, engineers, designers, music teachers,
teachers, licensed real estate and/or insurance brokers and other
similar professional office uses. Note: An art or crafts workshop
as part of a dwelling unit is included in the artisan workspace category
in the industrial use group. No more than 40% of the live-work unit
shall be devoted to the work use, and the unit shall not be located
on the ground floor of the building.
[Amended 1-20-2016 by L.L. No. 1-2016]
[3]
Medical and dental. A type of outpatient office use distinguished
by a higher-than-typical number of customer visits. Examples include
medical and dental clinics; chiropractic clinics; medical and dental
labs; blood-collection facilities; and physical therapy clinics.
(g)
Parking uses, nonaccessory. Parking facilities that provide
parking that is not accessory to a specific use. A fee may or may
not be charged. A facility that provides both accessory parking for
a specific use and regular fee parking for people not connected to
the use is also classified as nonaccessory parking.
(h)
Restaurant uses. A fully enclosed establishment where meals
or prepared food, including beverages, are served to customers for
consumption on or off the premises, pursuant to required licenses.
(i)
Retail sales and service uses. Establishments involved in the
sale, lease or rent of new or used products to the general public
for personal or household consumption and establishments involved
in the sale of personal services, hospitality services or product
repair services to the general public. Uses are divided into the following
subgroups:
[1]
Sales oriented. Stores selling, leasing or renting consumer,
home and business goods, including, but not limited to, antiques,
appliances, art, art supplies, bicycles, carpeting, clothing, crafted
items, dry goods, electronic equipment, fabric, flowers, furniture,
garden supplies, gifts, groceries, hardware, household products, jewelry,
pet supplies (no animals or animal services), pharmaceuticals, plants,
printed material, stationery, videos and similar goods. Also includes
retail establishments that have a cottage industry or product-crafting
component, such as bakeries, confectioneries, upholsterers, artisan
workspaces, and similar. However, in the case of an artisan workspace
with retail sales of artisan-crafted products, both the retail sales
use and the artisan workspace use shall be deemed principal uses and
shall meet the standards required for both.
[Amended 1-20-2016 by L.L. No. 1-2016]
[2]
Personal service oriented. Establishments engaged in providing
retail services such as laundromats, catering services, dry cleaners,
tailors, shoe repair, photographic studios, photocopy services, quick
printing services, blueprint services, beauty salons and spa services
and tanning salons or similar.
[3]
Repair oriented. Repair of consumer goods, such as electronics,
bicycles, office equipment and appliances. Does not include repair
of motor vehicles or lawn, landscaping and garden equipment, small
machines or similar intensive repair.
[4]
Outdoor storage and sales. Uses that typically include large
areas of outdoor storage or display, such as lumber yards; sales of
landscaping materials and nursery products; equipment rental businesses.
(j)
Funeral parlors, taxidermists, mortuaries and crematoriums.
A building or structure used by a professional licensed mortician
for cremation, burial preparation and other funeral services.
(k)
Vehicle-related uses. Sales of motor vehicles or services related
to motor vehicles. Uses are divided into two subgroups based on the
intensity of the use, vehicle types sold or serviced, amount of outdoor
service or storage and the potential for noise and odor-related externalities.
[1]
General. General vehicle-related uses include limited service
of passenger vehicles and the sale of vehicle parts, with outdoor
storage limited to 10% of the lot size. Examples include car washes
and auto detailing; gasoline filling stations; and retail sales of
passenger vehicle parts with no on-site vehicle repair.
[2]
General plus. A site proposing to combine a general vehicle-related
use and a secondary use that is incidental to the general vehicle
use but includes passenger car and vehicle repair limited to short-term,
nonintensive repair that includes such work as oil changes, tire rotations,
fluid checks, inspections. The vehicle repair component shall not
contain more than two bays. No auto body repair is allowed.
[3]
Intensive. Intensive vehicle-related uses allow for the sales
and service of motor vehicles, including heavy vehicles and equipment,
including lawn, landscaping and garden equipment. Outdoor storage
areas for vehicles, parts or other supplies may exceed 10% of the
lot area, but must be screened in accordance with the requirements
of this chapter, except for vehicles on display for sale. Examples
include vehicle repair and servicing, including the installation of
vehicle parts; auto body repair; vehicle sales or rental; and vehicle
storage yards, including towing and wrecker services or impoundments.
(4)
Civic and institutional use group. The civic and institutional use
group includes uses that provide public or quasi-public services.
The public and civic use group includes the following use categories:
(a)
Clubhouses and community centers. A use that provides meeting
space and facilities for the activities of private, nonprofit associations
or religious institutions, including the members and participants
in the activities of such association or institution, and their guests,
including members of the public invited by such association or institution
to attend such activities. Examples include nonprofit meeting halls
and activity space, clubs, associations or nonresidential fraternal
organizations, such as the Masonic, Eagles, Moose and Elk Lodges and
the Lions and American Legion Clubs; community centers for homeowners'
associations or neighborhoods. Such a use typically restricts access
to the general public without specific invitation and owns, leases
or holds property in common for the benefit of its members and invited
quests.
[Amended 4-6-2016 by L.L.
No. 3-2016]
(b)
Day care and nursery schools. A nonresidential facility that
provides care or supervision for children for less than 24 hours per
day for a fee. Day care uses also include organized programs of short-term
supportive day care in a group environment for adults who need supervision,
assistance or both. Services may include, but are not limited to,
nursing and rehabilitative services, personal care, transportation
services and social or recreational activities.
(c)
Educational uses. Public and private schools that provide state-mandated
primary and secondary generalized education; and schools for specialized
activities, such as dance, music, martial arts, business and technical
skills. Uses are divided into three subgroups:
[1]
Elementary or secondary. Private schools at the primary, elementary,
junior high or high school level that provide state-mandated basic
education including schools with residential facilities accessory
and incidental to an accredited school and serving no more than 25
students.
[Amended 1-17-2018 by L.L. No. 1-2018]
[2]
Specialized schools. Schools primarily engaged in offering specialized
trade, business or commercial courses, but not academic training.
Also specialized non-degree-granting schools, such as music schools,
dramatic schools, dance studios, martial arts studios, language schools
and other short-term examination preparatory schools. If a specialized
school involves indoor or outdoor recreational facilities, these facilities
shall be deemed second principal uses and shall only be permitted
in accordance with the requirements for entertainment and recreation
uses.
[3]
Higher learning. Colleges, universities and professional schools
granting academic degrees and requiring at least a high school diploma
or equivalent general academic training for admission. Junior colleges
and technical institutes requiring at least a high school diploma
or equivalent general academic training for admission and granting
associate academic degrees, certificates or diplomas. These uses tend
to be in campus-like settings or on multiple blocks.
(d)
Hospitals. An institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients
and injured persons that is licensed by state law to provide such
services. Hospitals may include inpatient medical or surgical care
for the sick or injured and related facilities such as laboratories,
outpatient departments, training facilities, central services facilities,
and staff offices that are an integral part of the facilities. Cafeterias,
restaurants, florists, gift shops, pharmacies and other typical and
subordinate uses may be permitted subject to the standards for accessory
uses.
(e)
Infrastructure and utilities uses. Public or private buildings,
structures and lands used to provide infrastructure and utility services.
Uses are divided into two subgroups based on potential impacts to
surrounding areas, including the number of employees and/or visitors
on site and the potential for noise and odor-related impacts.
[1]
General. Infrastructure services that need to be located in
or near the neighborhood or use where the service is provided. Examples
of general utilities include water and sewage pump stations, stormwater
retention and detention facilities, telephone exchanges and surface
transportation stops such as bus stops and park-and-ride facilities.
[2]
Intensive. Infrastructure services providing regional or community-wide
service that normally entail the construction of new buildings or
structures such as water towers, waste treatment plants, potable water
treatment plants, solid waste facilities and electrical substations.
(f)
Municipal uses. Facilities owned or operated by the Village
and not subject to the standards of this chapter, including but not
limited to reservoirs; water supply reservations; parks and open space;
playgrounds; recreational facilities; community centers; libraries;
firehouses; police stations; government offices; government garages;
and public parking areas.
(g)
Places of worship. A use that provides meeting space and facilities
for religious institutions. Examples include churches, temples, synagogues
and mosques. Such a use typically restricts access to the general
public and owns, leases or holds property in common for the benefit
of its members.
(h)
Senior living facilities. An establishment providing lodging,
boarding and nursing care for the elderly, including:
[1]
Nursing homes, assisted-living facilities, retirement homes,
adult-care facilities or retirement communities that have a license
to operate from the New York Department of Health; provided, however,
that not all units within the property must be licensed units; or
[2]
Any retirement home or community in which some of the residents
require additional medical services or assistance with activities
of daily living, including but not limited to assistance with grooming,
preparation of meals, housekeeping or laundry, where one or more of
such services or activities are provided or have the potential to
be provided on site.
(i)
Water-related recreation facilities. Public or private waterfront
recreational facilities, including marinas, mooring or docking facilities
to accommodate visitors, nonmotorized or motorized watercraft rental
stores and other similar related uses.
(5)
Industrial use group. The industrial use group includes uses that
produce or create goods from extracted, cultivated, harvested, shorn
or similarly obtained materials, or from recyclable or previously
prepared materials, including the design, storage, handling and dissemination
of these products and the materials from which they are produced.
It also includes uses that store or distribute materials or goods
in large quantities. The Industrial use group includes the following
use categories:
[Amended 1-20-2016 by L.L. No. 1-2016]
(a)
Artisan workspace, general. A workplace used for the production
of art, sculpture, crafted products or similar items on a small-scale
basis that requires hand tools. A gallery or showroom used for the
display and sale of the artisan-crafted products may be included but
shall be treated as a second principal use.
(b)
Artisan workspace, intensive. A workplace used for the production
and sale of crafted products that requires machines or more intensive
equipment or materials to craft the end product. Such uses are wholly
confined within an enclosed building, do not include processing of
hazardous gases and chemicals and do not emit noxious noises, odors,
vibrations, or fumes. Examples include woodworking, metalworking,
glassmaking, textile, fiber-based or other knitted, loomed or woven
crafts, farm or craft brewery or craft distillery, small-batch confectionery-making
or frozen dessert-making (gelato, ice cream) or similar types of artisanal
products. A gallery, showroom or parlor used for the display, sampling
and sale of the crafted products may be included but shall be treated
as a second principal use.
(c)
Cultivation grow facilities. Indoor facilities such as greenhouses
or hot houses, where the primary function and activities are the production,
preparation, and sale of crops, as a commercial enterprise. The production
of compost, soil or other biomass products which are not crops is
not an agricultural use but is allowed solely where it is accessory
to and a product of the operation of the indoor cultivation use. Processing,
warehousing, distribution and marketing, if conducted at the same
site or campus, shall be treated as additional principal uses.
[Added 11-15-2023 by L.L. No. 11-2023[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
B(5)(c) through B(5)(e) as Subsection B(5)(d) through B(5)(f), respectively.
(d)
Light manufacturing. Facilities for the transformation of predominantly
previously prepared materials into new products, including assembly
of component parts and the creation of products for sale to the wholesale
or retail markets or directly to consumers. Such uses are wholly confined
within an enclosed building, do not include processing of hazardous
gases and chemicals and do not emit noxious noises, odors, vibrations,
or fumes. Examples may include, but are not limited to: production
and repair of small machines or electronic parts and equipment; publishing
and lithography; computer design and development; research, development,
testing facilities and laboratories; apparel production; sign making;
and manufacturing of jewelry, clothing, trimming decorations and any
similar item.
(e)
Self-storage uses. Facilities that provide separate storage
areas for individual or business uses. The storage areas are designed
to allow private access by the tenant for storing or removing personal
property.
(f)
Warehouse and freight movement uses. Facilities where the primary
function involves the storage or movement of goods for themselves
or other firms. Goods are generally delivered to other firms or the
final consumer, except for some will-call pickups. There is little
or no on-site sales activity with the customer present or business
or office uses. Examples include: separate warehouses used by retail
stores such as furniture and appliance stores; household moving and
general freight storage; cold storage plants, including frozen food
lockers; major wholesale distribution centers; truck and air freight
terminals; railroad switching yards; bus and railcar storage lots;
taxi fleet parking and dispatch; fleet parking; parcel services; major
postal facilities; grain terminals; and the stockpiling of sand, gravel
and other aggregate materials. Warehousing or indoor storage of material
associated with another principal use such as retail, businesses or
office use shall be considered an accessory to the primary use.
(6)
Accessory buildings and uses. An accessory use or building is subordinate and accessory to a principal use or building on the same lot and is used for purposes customarily incidental to those of the principal use or building. Examples in a residential setting include private garages, tool sheds or noncommercial greenhouses. Specific definitions of certain types of accessory buildings and uses are provided below; however, this list is not exhaustive. Additional accessory uses for individual zoning districts can be found in this chapter under Article IV, Use Regulations.
(a)
Clubhouses and community centers. A use that provides meeting
space and facilities for private, nonprofit associations or religious
institutions. Examples include meeting halls, clubs, associations
or community centers for homeowners' associations or neighborhoods.
Such a use typically restricts access to the general public and owns,
leases or holds property in common for the benefit of its members.
(b)
Drive-through facilities. Any service window, automated device
or other facility that provides goods or services to individuals waiting
in a motor vehicle.
(c)
Garage, private. An accessory building for the private use of
the owner or occupant of a principal building located on the same
lot for the storage of motor vehicles or other storage with no facilities
for mechanical services or repair of a commercial or public nature.
(d)
Greenhouse. A fully enclosed structure that houses plants and
other vegetation for the sole purpose of growing vegetation noncommercially.
(e)
Home occupations. An accessory use of a dwelling unit for commercial
purposes that does not alter the exterior of the property or affect
the residential character of the neighborhood, does not include an
exterior sign or a sign in a window visible from the public right-of-way,
does not employ any employees who do not live on the premises, and
which occupies not more than 25% of the floor area of the residence.
Beauty parlors, barbershops, medical and dental practices and hairdressing
and manicuring establishments shall not be deemed to be home occupations.
(f)
Home-based businesses. An accessory use of a dwelling unit for
commercial purposes that is more intensive than a home occupation
and that may include minor modifications to the building exterior
and site in order to accommodate the commercial purpose, including
a sign, which may employ not more than one employee who does not live
in the residence, and which occupies not more than 25% of the floor
area of the residence. Examples of home-based businesses include physicians,
doctors, dentists, lawyers, architects, engineers, designers, music
teachers, hairdressers, teachers, licensed real estate and/or insurance
brokers and other similar professional uses.
(g)
Indoor storage. The storage, but not display for sale, of goods
and/or materials inside of a fully enclosed structure that is incidental
but clearly related to the principal use of the site such as office-
or retail-related uses.
(h)
Off-street parking and loading, accessory. Parking facilities
that provide parking that is accessory to a specific use or uses and
related to the parking requirements listed in Appendix C.[2]
[2]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
(i)
Outdoor dining. Food or beverage service areas outside of a fully enclosed structure as an accessory use to a permitted restaurant or bar or cocktail lounge use. Where a permit has been issued by the Board of Trustees, outdoor dining may be permitted on a public right-of-way such as a sidewalk (See Chapter 216, Sidewalk Cafes.)
(j)
Outdoor storage. The storage, but not display for sale, of goods
and/or materials outside of a fully enclosed structure that is incidental
but clearly related to the principal use of the site such as office-
or retail-related uses. Outdoor storage shall be screened in accordance
with the provisions of this chapter.
(k)
Outdoor display. Displays that are for sale that are a minor
part of the retail business. Displays are typically seasonal.
(l)
Tool shed. The storage of materials or equipment that is incidental
and subordinate to the primary residential use and must be located
in a fully enclosed structure.
(m)
Outdoor accessory recreation. A recreation use/uses that may take
place in any number of structures that are arranged together in an
outdoor setting and has a surfaced or field area greater than 400
square feet. Examples include, but are not limited to, tennis, volleyball
and basketball courts, soccer and baseball fields.
[Added 8-2-2011 by L.L. No. 3-2011]