As used in this chapter, the following terms shall have the meanings
indicated:
[Amended 9-18-1989 by L.L. No. 8-1989]
ACCESSORY
A building, structure or use which is clearly incidental
or subordinate to and customarily used 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. No use shall be considered
accessory where such use requires a greater area of a lot or larger
setbacks or yards or for which greater restrictions than for the principal
use on the lot are imposed by this chapter.
AUTO SERVICE OR GASOLINE STATION
A building or structure where gasoline, diesel fuel or any
other transportation fuels, oil and greases, batteries, tires and
automobile accessories are supplied and dispensed directly to the
motor vehicle trade, at retail, and where the following services may
be rendered:
(1)
MINOR REPAIRThe sale and servicing of spark plugs and batteries; tire repair and servicing, but no recapping; the replacement of mufflers and tail pipes, water hoses, fan belts, brake and transmission fluids, light bulbs, floor mats, seat covers (where this shall not be the principal use), windshield wipers, grease retainers and wheel bearings; radiator cleaning and flushing; washing and polishing, including automatic or mechanical car wash establishments; greasing and lubrication; installation of fuel pumps and fuel lines; minor servicing and replacement of carburetors; emergency wiring repairs; adjustment and installation of brakes; tuning engines, except for grinding valves, cleaning carbon or removing the head of engines and/or crank case; and other similar uses.
(2)
MAJOR REPAIRIn addition to those repairs and services listed above as "minor repair," any general repair, rebuilding or reconditioning not listed above; collision service, including body, frame or fender straightening or repair; painting or paint shop.
(3)
CONVENIENCE RETAILThe sale of such nonautomobile-related items such as food, periodicals and nonprescription medicines, where the building area devoted to the display of such items exceeds 50 square feet. No minor or major repair shall be permitted.
(4)
FAST SPECIALIZED SERVICEA commercial enterprise for the servicing of automobiles, usually limited to a particular system of the vehicle, such as transmissions, mufflers, brakes, wheel alignments or lubrication, and usually emphasizing speedy service, but not for the dispensing of motor fuels.
BASEMENT
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
BUFFER
An area of specified dimension in addition to the required
yard. The buffer may not be used or otherwise encroached upon by any
activities on the lot. The purpose of a buffer is to screen and separate
uses of adjoining properties, and it shall be composed of either an
undisturbed or landscaped area, with or without fencing, subject to
the requirements of the Planning Board.
BUILDING
Any structure, either permanent or temporary, which is affixed
to the land which has one or more floors and having a roof supported
by columns or walls and is intended for the shelter, housing or enclosure
of any person, animal or property.
BUILDING HEIGHT
The vertical distance measured from the mean level of the
ground surrounding the building to the highest point of a flat or
mansard roof or to a point equidistant between the highest and lowest
points of a pitched, gabled, hip or gambrel roof.
BUILDING LINE
A line parallel to the front lot line coincident with the
point of the building nearest the front line of the lot. Where no
building presently exists, a line parallel to the front lot line,
set back the required front yard distance.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which it is situated.
CELLAR
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
CERTIFICATE OF OCCUPANCY
Official certification by the Building Inspector that a building
or structure conforms to this chapter and other applicable laws and
may be legally occupied for the use set forth in the certificate.
CUL-DE-SAC
A street having only one intersection with another street
for vehicular ingress and egress and having a turnaround for the reversal
of traffic movement.
DECK
A structure which has a floor eight inches or more above
grade, is unenclosed except for any side which may adjoin a building
or any railings, fences, walls, shrubs or hedges and is designed for
outdoor lounging, dining and the like.
DEWATERING FACILITY
A facility using technology to separate solids from wastewater in an enclosed structure, by special permit to be granted by the Planning Board under Chapter
211, Article
X, Special Permit Uses, of the Village Code.
[Added 7-16-2007 by L.L. No. 3-2011]
DISTRICT or ZONE
Any specific geographical portion of the territory appearing
on the Zoning Map as a bounded area within the same classification, setting
it apart from any other differently classified area or areas, and
upon which this chapter imposes uniform restrictions and regulations
corresponding to the particular classification as to use, buildings,
structures, lots and dimensions thereof and as to special uses and
nonconforming uses.
DWELLING
Any building or structure designed or used exclusively as
the residence or sleeping place of one or more persons. The term "dwelling"
shall not be deemed to include an automobile court or motel, rooming
house, tourist home, hotel, hospital, nursing home, dormitory or fraternity
or sorority house.
DWELLING, MULTIFAMILY
A building designed for occupancy by three or more families
living independently of each other and containing three or more dwelling
units.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively
by one family and containing not more than one dwelling unit. A single-family
dwelling shall not have more than one kitchen or kitchenette.
DWELLING, TWO-FAMILY
A detached building where not more than two individual families
or two dwelling units are entirely separated by vertical walls or
horizontal floors. A two-family dwelling shall not have more than
two kitchens or kitchenettes.
DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, having no cooking
or sanitary facilities in common with another dwelling unit and designed
for occupancy by not more than one family for living, eating and sleeping
purposes. A dwelling unit shall have no more than one kitchen or kitchenette.
A boarding- or rooming house, convalescent home, dormitory, fraternity
or sorority house, hotel, inn, lodging, nursing or other similar home
or structure shall not be deemed to constitute a dwelling unit.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, communication, steam or water transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare, but not including
buildings, except telephone central office buildings and telephone
booths, which shall also be considered an essential service facility
hereunder.
FAMILY
One or more persons occupying a dwelling unit and living
together as a single nonprofit housekeeping unit, subject to a limit
of not more than three unrelated persons 18 years of age or over.
FENCE
A barrier, railing, or other upright structure, typically
of wood, wire, rails, or netting connected to posts that connect various
sections.
[Added 1-5-2021 by L.L.
No. 1-2021]
FLOOR AREA, GROSS
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
GROUP-CARE FACILITY
A use providing room and board and/or recreational counseling
or other rehabilitative service or facilities to individuals who,
by reason of mental or physical disability, addiction to drugs or
alcohol or family and school adjustment problems, require specialized
attention and care in order to achieve personal independence. Individuals
participating in a work release or similar program from a state institution
or under the supervision of a court or local agency shall be included
in this definition, except as such use may qualify as a family-care
unit. Group-care facilities include halfway houses, boardinghouses
or rooming houses, group homes and shelters and other uses of like
appellation.
HOME OCCUPATION
An occupation which is carried on in a dwelling unit as an accessory use which is clearly incidental and secondary to the use of the dwelling for residential purposes, subject to the requirements of §
211-19B.
JUNK
Includes but is not limited to scrap iron, scrap tin, scrap
brass, scrap copper, scrap lead or scrap zinc and all other scrap
metals and their alloys and bones, rags, scrap paper, used cloth,
used rubber, used rope, used tinfoil, used bottles, old or used machinery,
used tools, used appliances, used fixtures, used utensils, used lumber,
used boxes or crates, used pipe fittings, used tires and manufactured
goods that are so worn, deteriorated or obsolete as to make them unusable
in their existing condition but which are subject to being dismantled.
Also included are any and all waste materials which tend to create
a danger to public health, safety or welfare.
LOT
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having required lot frontage on a street. A lot
may be composed of one or more tax lots, but it may not be subdivided
unless each new lot conforms to all the requirements of the district
in which it is located.
LOT, CORNER
A lot situated at and abutting the intersection of two streets
having an interior angle of intersection not greater than 135°.
LOT COVERAGE
The proportion of all ground floor areas and structures upon
a lot to the total area of the lot, expressed as a percentage. Ground
floor areas shall be measured by taking the outside dimensions at
the ground level of all accessory and principal buildings, including
porches, carports, garages and sheds. Structures, for the purposes
of lot coverage, shall include swimming pools, paved walkways and,
whether constructed of pervious materials or not, patios, decks and
driveways and parking areas.
LOT DEPTH
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear. Such distance shall be defined
by a continuous unbroken straight line measured and lying wholly within
the boundaries on the lot.
LOT FRONTAGE
The distance between side lot lines, measured along the street
right-of-way.
LOT LINE, FRONT
The line of the lot abutting a street right-of-way; a through
lot and corner lot shall be considered to have two front lot lines.
LOT LINE, REAR
The lot line(s) opposite and most distant from the front
lot line(s); 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. All lots shall contain a rear lot line, except in the case
of a through lot.
LOT LINES
The property lines bounding the lot.
LOT, THROUGH
A lot, other than a corner lot, having access on two streets.
LOT WIDTH
The horizontal distance between the side lot lines measured
parallel to the front lot line; and, for lots without an existing
principal building, measured from the front lot line to a line 30
feet to the rear of the minimum required front yard setback or, for
lots with an existing principal building and setback so as to conform
to the minimum required front yard, measured from the front lot line
to a line tangent to the rearmost part of the principal building.
MOBILE HOME
A movable structure used for permanent living or sleeping
quarters for one family and standing on wheels or on rigid supports
and provided with the following mechanical systems and equipment:
plumbing, heating, electrical, cooking and refrigeration.
MOBILE HOME PARK
A tract of land which is used for the placement of three
or more mobile homes.
NONCONFORMING LOT
A lot which, because of its size or shape, does not comply
with the applicable dimensional regulations, including those relating
to lot area, lot depth and lot width, prescribed by this chapter or
any amendment to it that may be enacted for the district in which
the lot is located, but which lot was lawfully in existence prior
to the enactment of this chapter or an amendment.
NONCONFORMING STRUCTURE
A structure or other location of a use, including off-street
parking and loading, principal buildings and accessory structures
and signs, which, because of its size or location on a lot, does not
comply with the applicable dimensional regulations, including those
relating to building height, lot coverage, yard and buffer, prescribed
by this chapter or any amendment to it that may be enacted for the
district in which the structure is located, but which structure was
lawfully in existence prior to the enactment of this chapter or an
amendment.
NONCONFORMING USE
A use of land or structure, including signs, which does not
comply with the applicable use regulations prescribed by this chapter
or any amendment to it that may be enacted for the district in which
the use is located, but which use was lawfully in existence prior
to the enactment of this chapter or an amendment.
NURSING OR CONVALESCENT HOME
A building other than a hospital where persons, except insane,
drug or alcohol patients, are lodged and furnished with meals and
nursing care.
PARKING SPACE
A horizontal area used for the parking of a motor vehicle,
consisting of a minimum depth of 18 feet and a minimum width of 8.5
feet.
[Amended 11-8-2023 by L.L. No. 9-2023]
PATIO
A structure or area which has a floor less than eight inches
above grade, is unenclosed except for any side which may adjoin a
building or any fences, walls, shrubs or hedges and is designed for
outdoor lounging, dining and the like.
PERMITTED USE
A principal or accessory use of a property which is specifically
authorized in a particular zoning district by the Schedule of Use
Regulations, but not including any use which is authorized as a special
permit use.
PLANNING BOARD
The Planning Board of the Village of Buchanan, established
pursuant to the Village Law.
PORCH
An outdoor area or entrance to a building covered by a permanent
roof as an extension of the building wall.
PROFESSIONAL OFFICE
A commercial use or building where personal services, as
distinguished from the practice of a trade or business, are rendered
by a practitioner of the learned professions, such as a lawyer or
a physician, chiropractor, dentist, optometrist, architect, landscape
architect, engineer or public accountant (as defined in the Education
Law of the State of New York).
PROTECTED AREA
The portion of any land located in an M-2 Zone and employed
for the peaceful use of atomic energy which is bounded by the highest
level of safety and security measures for the protection of facilities
using or storing radiological material. Any such area shall be that
area of the M-2 Zone which is designated as a protected area by the
terms of a 10 CFR 50 operating license and associated technical specifications,
as such license and technical specifications may be amended from time
to time.
[Added 12-15-2003 by L.L. No. 1-2003]
RADIOLOGICAL MATERIAL
Any radioactive material including source, by-product or
special nuclear material (as such terms are defined in 42 U.S.C. § 2014),
low-level radioactive waste, high-level radioactive waste, and spent
nuclear fuel (as such terms are defined in 42 U.S.C. § 10101),
and spent fuel (as such term is defined in 10 CFR 72.3).
[Added 12-15-2003 by L.L. No. 1-2003]
RECREATIONAL TRAILER
Any portable vehicle commonly used for recreational purposes,
including camping trailers, which is not self-propelled and must be
towed or hauled.
RECREATIONAL VEHICLE, MOBILE
Any portable or mobile vehicle commonly used for recreational
purposes which is self-propelled, including vehicles commonly referred
to as "RVs," "ATVs," "dirt bikes" or "snowmobiles."
SAFETY/SECURITY IMPROVEMENT
Any structure installed, constructed or operated for the
purpose of protecting, shielding, containing, storing, cooling, handling
or otherwise making safe and secure any radiological material, and
shall include any structure installed, constructed or operated within
the protected area, as such area may be modified from time to time,
and any structure installed, constructed or operated outside of the
protected area so long as documentation is provided to the Village
Administrator and the Building Inspector evidencing either: oversight
of such structure's installation, construction or operation by any
federal department or agency charged with the responsibility of ensuring
the safety and security of radiological material or of the public
from potential threats to safety; or that installation, construction
or operation of such structure is governed or directed by any federal
law, statute, code, order, guidance, rule or regulation concerning
the safety and security of radiological material or of the public
from potential threats to safety. For any such structure, where a
federal department or agency plans to or would be required to conduct
one or more public hearings or meetings regarding the installation
or construction of such structure, at least 30 days prior to an application
for a building permit for such structure, but in no event less than
30 days prior to the first of such public hearings or meetings pertaining
to such structure, the Village shall be provided notice regarding
the date, time, and place of such hearing or meeting.
[Added 12-15-2003 by L.L. No. 1-2003]
SIGN
Any surface or device containing a sign display, the purpose
of which is to bring the subject thereof to the attention of the public
through the communication of a visual message.
SIGN, ANIMATED
Any freestanding or building sign that uses movement or change
of lighting to depict action or to create a special effect or scene.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN AREA
The smallest square, circle, rectangle or triangle, or combination
thereof, that encompasses the extreme limits of the sign display,
together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the
background or structure against which it is placed, but not including
any supporting framework, bracing or decorative fence or wall when
such fence or wall otherwise is incidental to the display itself.
Only one face of a double-faced sign shall be included as area of
such a sign.
[Amended 6-17-1991 by L.L. No. 3-1991]
SIGN, BUILDING
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN, BUILDING MARKER
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN, CANOPY
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN, CHANGEABLE COPY
A freestanding or building sign or portion thereof with characters,
letters or illustrations that can be changed or rearranged without
altering the face or the surface of the sign. A sign on which the
message changes more than eight times per day shall be considered
an animated sign and not a changeable copy sign for purposes of this
chapter, except that that portion of a sign on which the only copy
that changes is an electronic or mechanical indication of time or
temperature shall be considered a changeable copy sign for purposes
of this chapter.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN DISPLAY
A display or legend, including but not limited to letters,
words, logos and insignia, which are used as or presented as an announcement,
direction or advertisement.
SIGN, FREESTANDING
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure. A residential freestanding sign shall include
no commercial message other than one for an activity legally offered
on the premises, such as a home occupation, the sale or rent of the
premises and contractors working on the premises.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN, HEIGHT
The distance from the normal grade below a freestanding sign
to the top of the highest attached component of the sign. "Normal
grade" shall be construed to be the lower of the existing grade prior
to construction or the newly established grade after construction,
exclusive of any filing, berming, mounding or excavating solely for
the purpose of locating the sign.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN, IDENTIFICATION
A sign used to identify the name and address of the occupants
of the principal building on a lot.
[Amended 6-17-1991 by L.L. No. 3-1991]
SIGN, ILLUMINATED
A sign on which artificial light is directed or which is
constructed of translucent materials through which light is directed.
A sign on which the illuminating source is visible to the public way
or any property line, except for signs constructed from neon-type
tube, is not a permitted sign in any district.
SIGN, INCIDENTAL
A freestanding or building sign, generally informational,
that has a purpose secondary to the use of the lot on which it is
located, such as "no parking," "entrance," "loading only," "telephone"
and other similar directives. No sign with a commercial message legible
from a position off the lot on which the sign is located shall be
considered incidental.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN, MARQUEE
Any sign attached to, in any manner, or made a part of a
marquee.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN PLAN
A plan depicting the size, location, materials and content
of a sign, which plan shall be the sole permitted display for any
sign subject to the site development plan rules and regulations.
SIGN, PROJECTING
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN, WALL
Any sign which is attached parallel to but within six inches
of or painted on the surface of an outside wall of any building or
structure; which is supported by such wall or building; and which
displays only one sign surface.
[Added 6-17-1991 by L.L. No. 3-1991]
SIGN, WINDOW
Any sign or picture, or combination thereof, that is placed
inside a window or upon the windowpanes or glass and is visible from
the exterior of the window.
[Added 6-17-1991 by L.L. No. 3-1991]
STORY
That portion of a building, with a minimum height of seven
feet six inches, included between the surface of any floor and the
ceiling. A basement shall be deemed to be a story where the floor
above is seven or more feet above the finished grade. A cellar shall
not be deemed to be a story. An attic shall not be deemed to be a
story if unfinished and without human occupancy.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story, when not more than 60% of
the floor area is used for rooms, baths or toilets.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, way, drive,
boulevard, highway, road and any other thoroughfare except an alley.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as bearing walls, columns, beams and girders, in the dimensions or
configurations of the roof or exterior walls of a building or in the
dimensions or configurations of the exit facilities of a building.
STRUCTURE
Any constructed or erected combination of materials on, above
or below the surface of land or water or an attachment thereto, including
but not limited to buildings, mobile homes, sheds, garages, carports,
porches, decks, fences, walls, tank, towers and swimming pools.
SWIMMING POOL
A structure in the open or enclosed in any structure or building,
which is artificially constructed of any material to provide recreational
facilities for swimming, bathing or wading. Such swimming pool shall
be at least 24 inches in depth or shall have a surface area exceeding
100 square feet.
[Amended 6-18-1990 by L.L. No. 5-1990]
SWIMMING POOL, PUBLIC
Any swimming pool used by two or more families and their
guests or any pool having a water surface area in excess of 1,000
square feet.
[Added 6-18-1990 by L.L. No. 5-1990]
SWIMMING POOL, RESIDENTIAL
Any swimming pool which is accessory to a single-family dwelling
on the same lot and which is for the private use of residents of the
dwelling or their guests.
[Added 6-18-1990 by L.L. No. 5-1990]
TRAILERABLE BOAT
Any boat, whether stored on its trailer or on other supports,
which is normally towed by the conventional passenger car or similarly
constructed vehicle or light-duty truck and, with the trailer, does
not exceed 10,000 pounds gross weight, eight feet in width and/or
27 feet in length.
USE
The specific purpose for which land, a building or a structure
is used or occupied or maintained.
VARIANCE, AREA OR BULK
An approval by the Board of Appeals which authorizes departure
from the strict requirements of the Table of Bulk Regulations or other provisions of this chapter or of Chapter
171, Subdivision of Land. An area or bulk variance does not involve a use of land, building or structure which is prohibited by zoning regulations.
VARIANCE, USE
An approval by the Board of Appeals which permits a use of
land, building or structure which is not permitted by this chapter
in the district or zone in which it is located.
VEHICLE, COMMERCIAL
Any vehicle which is required by the State of New York to
have commercial license plates.
WALL
A continuous vertical brick, stone or similar materials having
a solid foundation along its whole length and not supported by posts.
.
[Added 1-5-2021 by L.L.
No. 1-2021]
YARD
The area of a lot open and unoccupied by a structure from
the ground upward, except as permitted under this chapter, lying between
a lot line and the nearest line of the principal building. The depth
of a yard shall be measured in a straight line that is the shortest
distance between the lot line and the nearest line of the principal
building. Where a buffer area is required, the buffer area shall be
deemed to commence at the lot line, and the yard requirement shall
be deemed to commence from the interior line of the buffer area.
YARD, FRONT
The yard extending across the full width of a lot and lying
between the front lot line and the nearest line of the principal building.
YARD, REAR
A yard extending the full width of the lot and lying between
the rear lot line and the nearest line of the principal building.
YARD, SIDE
A yard lying between a side lot line and the nearest line
of the principal building and extending from the front yard to the
rear yard.