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Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
This chapter is adopted for the purpose of promoting the health, safety, morals and the general welfare of the community and in furtherance of the following related and more specific objectives:
A. 
To guide and regulate the orderly growth, development and redevelopment of the municipality in accordance with a comprehensive plan and with long-term objectives, principles and standards deemed beneficial to the interests and welfare of the people.
B. 
To protect the established character and the social and economic well-being of both private and public property.
C. 
To promote the utilization of land for the purposes for which it is most appropriate in the public interest.
D. 
To secure safety from fire, panic and other dangers and to provide adequate light, air and convenience of access.
E. 
To prevent overcrowding of land or buildings and to avoid undue concentration of population.
F. 
To lessen and, where possible, to prevent traffic congestion on public streets and highways.
G. 
To eliminate nonconforming uses gradually.
H. 
To conserve the value of real property and to enhance the value of real property throughout the municipality.
A. 
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural, and the plural the singular.
B. 
The word "person" includes a profit or nonprofit corporation, company, partnership or individual.
C. 
The word "shall" is mandatory; the word "may" is permissive.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The word "lot" includes the word "plot" and the word "land."
E. 
The word "structure" includes the word "building."
F. 
The word "use" refers to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
G. 
The word "used" refers to the actual fact that a lot or land, building or structure or part thereof is being occupied or maintained for a particular use.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, garden shed, a private play house and a private greenhouse.
AFFORDABLE HOUSING UNIT
A dwelling unit that is affordable to purchase for families earning between 101% and 120% of Orange County's median family income.
[Added 6-12-2007 by L.L. No. 4-2007]
ALLEY
The vehicle passageway within a block that provides access to garages and garbage bins along the rear edges of lots. There are at least two points of ingress/egress into the block. Paved or gravel surface is typically at least 15 feet wide.
[Added 2-14-2006 by L.L. No. 2-2006]
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another. The term "alter" in its various modes and tenses and its participial form refers to the making of an "alteration."
ARTIST
Person engaged in the creative arts, including, but not limited to, visual arts, composers, poets, set designers, writers, choreographers and independent filmmakers.
[Added 2-14-2006 by L.L. No. 2-2006]
ARTIST LOFT, also known as "LIVE-WORK SPACE"
A space of at least 1,000 square feet that is used as a residence and workplace by an artist. Work space must be at least 150 square feet; however, the predominant use of an artist loft is residential and commercial activity is a secondary use; employees and walk-in trade are not permitted.
[Added 2-14-2006 by L.L. No. 2-2006]
BASEMENT
That portion of a building that is partly or completely below grade plane. A basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:
[1]
A. 
More than six feet (1,829 mm) above grade plane;
B. 
More than six feet (1,829 mm) above the finished ground level for more than 50% of the total building perimeter; or
C. 
More than 12 feet (3,658 mm) above the finished ground level at any point.
BILLBOARD
A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally sold, offered or existing upon such lot.
BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Walden, NY.[2]
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.[3]
BUILDING INSPECTOR
The Official Building Inspector of the municipality.[4]
CLUB, COUNTRY
A club for golfing, hunting, fishing, horseback riding or similar sports.
CLUB, MEMBERSHIP, NONPROFIT
The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, nor for the meeting of other organizations, nor for educational and cultural purposes.
CONTINUING MEDICAL SUPERVISION
Medical or mental care given on a daily, regular or routine basis.
[Added 5-28-1985 by L.L. No. 6-1985]
COURT
An open, uncovered space, unobstructed to the sky, bounded on three or more sides by exterior building walls or other enclosing devices.[5]
COURT, DEPTH OF
The maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OF
The greatest vertical distance measured from the lowest level of such court up to the roof of the building.
COURT, INNER
Any court which is not an outer court.
COURT, OUTER
A court extending to a street, front yard or rear yard.
COURT, WIDTH OF
The horizontal dimension parallel to the principal open side in the case of an outer court, and the least horizontal dimension in the case of an inner court.
CUSTOM WORK, SHOP FOR
A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, not including the manufacture of ready-to-wear or standardized products.
DAY CAMP
A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized recreational facility for five or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreational features such as Ferris wheels or roller coasters and not furnishing sleeping quarters except for the resident family.
DAY-CARE CENTER
A facility which is not a school but provides child-care services to five or more children. For the purposes of this chapter, the term "day-care center" shall also include "before and after school" child-care programs that are licensed by the Child Care Council of Orange County.
[Added 10-22-1996 by L.L. No. 4-1996; amended 8-11-2009 by L.L. No. 5-2009]
DUMP
A parcel of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING
A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
[Amended 3-8-2011 by L.L. No. 4-2011]
DWELLING UNIT
One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
DWELLING, MULTIPLE
A building that contains more than two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
[Amended 3-8-2011 by L.L. No. 4-2011]
FACADE
An elevation or face of a building, from ground level to the roofline.
[Added 2-14-2006 by L.L. No. 2-2006]
FAMILY
A group of related individuals living and cooking together as a single housekeeping unit, or a group of unrelated individuals living and cooking together as a single housekeeping unit in a manner which is the functional equivalent of said related individuals.
[Amended 6-12-2007 by L.L. No. 4-2007; 3-8-2011 by L.L. No. 4-2011]
FLOOR AREA RATIO
The gross floor area of all buildings on a lot divided by the area of that lot.
[Added 5-25-1993 by L.L. No. 3-1993]
FRONT FACADE
The elevation with the main entrance to a building usually facing a public street.
[Added 2-14-2006 by L.L. No. 2-2006]
GARAGE, PARKING
A building, not a private garage, used for the storage of automobiles or trucks and not used for making repairs thereto.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space for more than one car is leased to a nonresident off the premises.
GARAGE, REPAIR
A building, other than a private or a parking garage, used for adjustment, painting, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use.
GAS STATION
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "gas station" may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs, overnight storage of not more than five motor vehicles, outdoor storage and display of accessories or portable signs; provided, however, that all outdoor repair work shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m. and that the premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles or outdoor dismantling of vehicles at any time.
[Amended 2-14-2006 by L.L. No. 2-2006; 3-8-2011 by L.L. No. 4-2011]
GRADE PLANE
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 (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building.
[Added 3-8-2011 by L.L. No. 4-2011]
GROSS LEASABLE AREA
The sum of the horizontal area of every floor of a building designed for tenant occupancy and exclusive use, measured from the exterior faces of the exterior walls and from the center line of party walls separating the two units, including basement space, mezzanine space and upper floor space. However, "gross leasable area" shall not include public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, whether open or closed.
[Added 5-25-1993 by L.L. No. 3-1993]
HEALTH CLUB
A commercial recreation membership facility designed and used for body conditioning including activities such as aerobic and related class exercises, weight lifting, stationary bicycles, treadmills, elliptical machines and other similar equipment together with sauna, steam room, showers and locker facilities.
[Added 9-30-2014 by L.L. No. 6-2014]
HEIGHT OF STRUCTURE OR BUILDING
The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
HOME OCCUPATION
Any gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign and that no mechanical or electrical equipment is used except customary household equipment. However, "home occupations" shall not be construed to include such uses as the following: clinic or hospital, barbershop or beauty parlor, restaurant, breeding kennel or antique dealer.
HOME PROFESSIONAL OFFICE
The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent, or teacher as herein restricted, provided that not more than two persons are employed who are not members of the family, and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or piano or voice instruction, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices." The home professional office of a physician shall not include a biological or other medical testing laboratory.
HOTEL
A building or part thereof which has a common entrance, common heating system and general dining room and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation. A hotel shall not provide apartment dwelling units.
HOUSE TRAILER
A movable single-family dwelling originally equipped with or having vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."
JUNKYARD
Any land or structure or part thereof exceeding 300 square feet in area, used for collecting, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material, or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition or for the sale of the parts thereof.
LOT
A parcel of land occupied or used by one main building or use with its accessory buildings and the required open spaces.
LOT AREA
The total horizontal area included within lot lines, excluding that portion within the right-of-way of any existing public street or any body of water.
LOT COVERAGE
The percentage of the lot area covered by a building or buildings.
[Amended 3-8-2011 by L.L. No. 4-2011]
LOT LINE
Any boundary of a lot. Any "lot line" not a rear lot line nor a front lot line shall be deemed a side lot line.
LOT LINE, FRONT
The street right-of-way line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.
LOT LINE, REAR
The lot line opposite the front lot line.
LOT WIDTH
The dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets.
LOT, INTERIOR
Any lot other than a corner lot.
LOT, THROUGH
A lot extending from one street to another.
MIXED USE
A building containing at least two different uses with the ground floor as a nonresidential use. Such buildings may include residential uses combined with either or both commercial or office uses.
[Added 5-25-1993 by L.L. No. 3-1993; amended 2-14-2006 by L.L. No. 2-2006]
MOBILE HOME
A movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "house trailer."
MOBILE HOME COURT
A residential land use designed for the location of one or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.
MOBILE HOME OR HOUSE TRAILER SALES OFFICE AND/OR LOT
A use of land and improvements for the purpose of displaying, storing and renting or selling mobile homes or house trailers, but not including provisions for mechanical or other services for these dwelling units.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office and with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar appellations but shall not be construed to include house trailers or mobile homes.
NONCONFORMING LOT
A lot lawfully existing at the effective date of this chapter or any amendment thereto affecting such lot, which does not satisfy the minimum dimensional regulations, supplemental regulations and/or other provisions of this chapter relating to minimum lot characteristics required for permitted uses in a particular district.
[Added 11-26-1985 by L.L. No. 12-1985; 3-8-2011 by L.L. No. 4-2011]
NONCONFORMING STRUCTURE
A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations of this chapter[6] for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter[7] for the district in which it is situated.
NONNUISANCE INDUSTRY
Any industry which is not detrimental to the environment in which it is located by reason of the emission of waste, smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards, and which does not include any outdoor processing of materials or open storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.
NURSERY SCHOOL
A school providing daytime care and formal instruction for five or more regularly enrolled children of less than kindergarten age, other than the children of the resident family, and not furnishing sleeping quarters except for the resident family.
OUTDOOR CAFE
Those exterior facilities adjacent to and part of establishments selling food and/or drink, located on private property or on a public sidewalk, open to the air and otherwise unenclosed by fixed walls. Outdoor cafes may contain readily removable tables, chairs, railings, planters and umbrellas and may provide waiter or waitress service.
[Added 8-14-2001 by L.L. No. 2-2001; amended 5-8-2007 by L.L. No. 2-2007]
PARKING AREA
A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
PARKING SPACE
A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
PAVING
A firm solid surfacing material which is stabilized either by cement or asphaltic material.
[Added 10-11-1983 by L.L. No. 6-1983]
PERMITTED USE
A specific main use of a building, structure, lot or land or part thereof which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by a single proprietor, to be developed as a single entity for a number of dwelling units and related uses, the development plan for which does not correspond in lot size, bulk or type of dwelling, density or lot coverage to the regulations in any residential district established by any other section of this chapter. With respect to "planned residential development," a single proprietor shall be deemed to include the holder of any option or contract to purchase or a person or corporation having an enforceable proprietary interest in such land or the air rights over such land.
PLANNING BOARD
The Planning Board of the Village of Walden, New York.[8]
PROHIBITED USE
A use of a building, structure, lot or land or part thereof which is not listed as a permitted, special exception or accessory use. In addition and more specifically, those uses listed as prohibited uses in § 305-12.
REAR DWELLING
A dwelling located on the same lot as and to the rear of the main building for which the lot is used.
RESEARCH INSTITUTE OR LABORATORY
A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and uses accessory thereto; with respect to the application of this chapter, such "research institute or laboratory" shall meet the standards of a nonnuisance industry.
ROADSIDE MARKET
A temporary use of land, structure or building on a farm by the farmer as a sales outlet exclusively for produce grown on his farm.
ROOMING HOUSE; BOARDINGHOUSE
A dwelling in which three or more rooms are offered for rent, payable in money and/or other consideration, whether or not table board is furnished to roomers, and in which no transients are accommodated and no public restaurant is maintained.
SELF-SERVICE STORAGE FACILITY
A facility containing a structure or structures containing separate, individually leasable or rentable storage spaces of varying sizes.
[Added 7-28-1998 by L.L. No. 4-1998]
SENIOR CITIZEN DEVELOPMENT (B-3 DISTRICT)
A building containing street-level nonresidential uses with upper floors dedicated solely for use as senior citizen dwelling units. The building must be located within 500 feet of a municipal parking lot and may not exceed a maximum of 27 senior citizen dwelling units managed by a single management entity. The dwelling units must be arranged so as to accommodate the needs of senior citizens and must contain elevator service, a community room and an outdoor courtyard area.
[Added 4-1-1997 by L.L. No. 2-1997]
SENIOR CITIZEN DWELLING UNIT
A dwelling unit occupied exclusively by one or more persons who is/are at least 55 years of age.
[Added 4-1-1997 by L.L. No. 2-1997; amended 10-12-1999 by L.L. No. 5-1999; 3-8-2011 by L.L. No. 4-2011; 8-18-2020 by L.L. No. 3-2020]
SENIOR CITIZEN HOUSING DEVELOPMENT
A planned residential development which contains senior citizen dwelling units in either detached, attached or multiple dwelling buildings and ancillary facilities deemed essential to the success of the development but subordinate to the residential character of the developments, located out of public view, with no outside advertising.
[Added 9-14-1999 by L.L. No. 4-1999]
SENIOR GROUP RESIDENCE
A residence established and operated by a natural person or natural persons in their own homes wherein services are provided on a twenty-four-hour basis to persons of 60 years of age or older who do not require continual medical or nursing care as provided by facilities licensed pursuant to Article 28 of the Public Health Law or Article 23 or 31 of the Mental Hygiene Law[9] or are not by reason of physical or other limitations associated with age and/or physical or mental disabilities or other factors unable to live independently. In addition to room and board, services that may be provided in a senior group residence include housekeeping services, personal care services, supervision of attendants and such other nonmedical services as are necessary to assure health, safety and well-being and to sustain daily living.
[Added 5-28-1985 by L.L. No. 6-1985]
SENIOR GROUP RESIDENCE PERMIT
A special exception use permit providing for a senior group residence. Once granted, this permit must be renewed annually on or before the anniversary date of the issuance of the original senior group residence permit.
[Added 5-28-1985 by L.L. No. 6-1985]
SHARED PARKING
Parking spaces assigned to more than one use where persons utilizing the spaces are unlikely to need the spaces at the same time.
[Added 2-14-2006 by L.L. No. 2-2006]
SIGN
Any kind of billboard, signboard, pennant or other shape or device or display used as an advertisement, announcement or direction, including any text, symbol, lights, marks, letters or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.[10]
SIGN, AREA
The entire area within a single, continuous perimeter enclosing the extreme limits of writing, representation, symbol, trademark or logo, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, but excluding the necessary supports on which such sign is placed. Only one face of the sign shall be used in measuring the sign area.
[Added 8-13-2002 by L.L. No. 5-2002]
SIGN, IDENTIFICATION
A permanent sign which directs attention to a business or profession conducted upon a property that indicates the name, street address, date established and/or phone number of the business. Such sign may be wholly or partly devoted to a readily recognized symbol, trademark or logo.
[Added 8-13-2002 by L.L. No. 5-2002]
SIGN, MONUMENT
A freestanding identification sign that is erected upon a masonry base or mounted between two wood support columns. A monument sign shall be constructed of material similar in nature or complementary to the building which it identifies and may contain letters, numbers, trademarks and logos.
[Added 8-13-2002 by L.L. No. 5-2002]
SIGN, PROFESSIONAL OR ANNOUNCEMENT
A temporary or permanent sign which directs attention to a home occupation, a home professional office or public or semipublic building.
SIGN, PROJECTING
An identification sign attached to a building, whether by brace(s), bracket(s) or other connecting device(s), that hangs perpendicular to the building facade at the cornice level. Such signs are limited to two sides.
[Added 8-13-2002 by L.L. No. 5-2002]
SIGN, REAL ESTATE OR CONSTRUCTION
A sign advertising land or improvements thereto or describing construction activity or a firm doing work related to construction on the premises on which the sign is located.
SIGN, SANDWICH BOARD
A temporary sign with a self-supporting structural A-frame design that is no more than six square feet in area and is intended to display daily specials of the business property on which the sign is located. Said sign is intended to be portable and must be removed and stored indoors at the close of each business day.
[Added 8-13-2002 by L.L. No. 5-2002]
SIGN, TEMPORARY
Any sign, banner or other advertising device that is not permanently attached to the ground or other pertinent structure and that is intended to attract attention to an activity, sale or event on the property on which the sign is located.
[Amended 8-13-2002 by L.L. No. 5-2002]
SIGN, WINDOW
Any sign attached to the glass area of a window or placed behind the glass of a window so that it can be read from out of doors.
[Added 8-13-2002 by L.L. No. 5-2002]
SKILLED NURSING FACILITY
A facility for individuals requiring medical and/or nursing care as defined in Article 28 of the Public Health Law or Article 23 or 31 of the Mental Hygiene Law.[11]
[Added 5-28-1985 by L.L. No. 6-1985]
SPECIAL EXCEPTION USE
A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of § 305-52.
STOOP
An entry platform at the front of a building.
[Added 2-14-2006 by L.L. No. 2-2006[12]]
STOREFRONT
The portion of a building's first floor that is made available for retail use. Storefronts shall be directly accessible from sidewalks.
[Added 2-14-2006 by L.L. No. 2-2006]
STORY
A space in a building between the surface of any floor and the surface of the next floor above or, if there is no such floor above, then the space between such floor and the ceiling or roof above.
[Added 2-14-2006 by L.L. No. 2-2006]
STREET
Any federal, state, county, town or Village road or any street shown upon a subdivision plat filed in the County Clerk's office.
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURE
Anything constructed or erected on or under the ground or upon another structure or building.
SWIMMING POOL
Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.[13]
TBA STORE
A building or lot or part thereof supplying, selling and installing motor vehicle tires, batteries, shocks, mufflers, exhaust pipes and accessories, and may include accessory facilities for rendering service for motor vehicles, such as lubrication, tire balancing, wheel alignment and minor repairs, provided that no outdoor work or storage shall be permitted nor be used for the sale, renting or display of automobiles, trailers, mobile homes, boats or other vehicles, body or fender work or painting.
[Added 2-14-1984 by L.L. No. 2-1984]
TEMPORARY CIRCUS HEADQUARTERS
The premises and buildings, tents or enclosures used by a not-for-profit circus organization for the housing, training and rehearsing of its personnel and animals for six to 10 weeks per year and the storage of its equipment. Notwithstanding the foregoing, nothing shall preclude such circus organization from providing year-round housing for a caretaker of the premises or for the keeping of performance horses beyond the six- to ten-week period, provided that said horses are suitably cared for and maintained by a trainer or other caretaker. The premises shall not be used in whole or in part for the conduct of amusement or entertainment for profit; however, this provision shall not be construed as preventing the utilization of the premises for benefits or performances for a recognized charity or for educational, cultural or community purposes.
[Added 4-13-1993 by L.L. No. 1-1993; amended 8-8-1995 by L.L. No. 4-1995]
TOWNHOUSE
A single-family dwelling with common walls on at least one side with other single-family dwellings and oriented so that all exits open to the outside. Such units may be on an individual lot owned in fee simple, by condominium or cooperative ownership or on a rental basis.
[Added 2-14-2006 by L.L. No. 2-2006]
TOWNHOUSE ASSOCIATION
A not-for-profit corporation pursuant to the New York State Not-for-Profit Corporation Law that is established to operate and maintain common areas and recreational amenities on behalf of the homeowners within a townhouse project.
[Added 6-12-2007 by L.L. No. 4-2007]
TOWNHOUSE BUILDING
A main building consisting of at least three vertically attached single-family dwelling units for the purpose of occupancy and ownership, designed and constructed so as to allow for the sale of individual dwellings, including the lot and appurtenances thereon.
[Added 6-12-2007 by L.L. No. 4-2007]
TOWNHOUSE LOT
A lot in which the property lines run from the front lot line through the center of the common party walls of attached interior units and continue to the rear lot line. Such lot shall be configured to allow separate ownership of each lot and the dwelling thereon.
[Added 6-12-2007 by L.L. No. 4-2007]
TOWNHOUSE PROJECT
A land development project consisting of at least one townhouse building, as defined herein, and all open space and amenities thereon.
[Added 6-12-2007 by L.L. No. 4-2007]
TOWNHOUSE UNIT
An individual attached single-family residence within a townhouse building.
[Added 6-12-2007 by L.L. No. 4-2007]
TRADITIONAL NEIGHBORHOOD
A compact, mixed-use neighborhood where residential, commercial and civic buildings are in close proximity to each other.
[Added 2-14-2006 by L.L. No. 2-2006]
VARIANCE
A modification of the regulations of this chapter, granted pursuant to the provisions of § 305-54.
[Amended 3-8-2011 by L.L. No. 4-2011]
WALL
A structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.
WAREHOUSE
A building, a part of a building or a group of buildings used for the storage or storage and distribution of goods, wares and merchandise by one or more commercial or business interest and not open to the public. A warehouse shall not be construed to mean a self-storage center.
[Added 2-14-2006 by L.L. No. 2-2006]
WOOD MANUFACTURE
Manufacture of wood products and use of machinery incidental thereto not exceeding 75 horsepower, which is not detrimental to the environment in which it is located by reason of the emission of waste, smoke, odor, noise, vibration or excessive light beyond the limits of its lot, and includes outdoor storage of materials or open storage yard, provided that it is completely enclosed and screened by a solid wall or fence not less than six feet in height along the boundary with Village residential districts and on other sides by such other type enclosure as is allowed under the provisions of this chapter.
YARD, FRONT
A space on the same lot with a building situated between the nearest roofed portion of a main building and the front lot line of the lot, and extending from side lot line to side lot line.
YARD, REAR
A space on the same lot with a building situated between the nearest roofed portion of a main building and the rear lot line of the lot, and extending from side lot line to side lot line.
YARD, SIDE
A space on the same lot with a building situated between the nearest roofed portion of a main building and the side lot line of a lot, and extending through from the front yard or from the front lot line where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I); this local law also deleted the definition of "Board." See also "Planning Board."
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: The definition of "cellar," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[9]
Editor's Note: Article 23 of the Mental Hygiene Law was repealed by L. 1978, c. 466, § 17.
[10]
Editor's Note: The definition of "sign, business," which immediately followed this definition, was repealed 8-13-2002 by L.L. No. 5-2002.
[11]
Editor's Note: Article 23 of the Mental Hygiene Law was repealed by L. 1978, c. 466, § 17.
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[13]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).