Defined words.
ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION
An electric vehicle charging station where the battery charging
station equipment is located within accessible reach of a barrier-free
access aisle (minimum forty-four-inch width) and the electric vehicle.
[Added 8-5-2014 by L.L. No. 8-2014]
ACCESSORY BUILDING
A building, such as a stable, garage, playhouse, barn, tent
or greenhouse, which is subordinate and accessory to a principal building
on the same lot.
ACCESSORY USES
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
ACTIVE ADULT
For purposes of the AAR Zoning District, the term shall mean
an individual age 55 or older.
[Added 4-17-2007 by L.L. No. 3-2007]
ACTIVE ADULT HOUSEHOLD
A household in which at least one member residing or proposing
to reside in a reserved dwelling unit has attained the age of 55 years
or more on the date that such household initially occupies the dwelling
unit.
[Added 4-17-2007 by L.L. No. 3-2007]
ACTIVE ADULT RESIDENTIAL COMMUNITY
A building or buildings containing dwelling units specifically
designed for and limited to residents aged 55 and older.
[Added 4-17-2007 by L.L. No. 3-2007]
AFFORDABLE UNITS
Units offered at a sales price at which income-eligible households
can qualify for the purchase. For rental units, "affordable units"
shall mean units offered at a monthly rental price equal to or less
than 1/3 of the monthly income of an income-eligible household.
[Added 4-17-2007 by L.L. No. 3-2007;
amended 3-4-2014 by L.L. No. 2-2014]
AGENCY BOARDING HOME
A boarding home operated by a public service agency or private,
nonprofit child-care agency authorized by the New York State Board
of Social Welfare with occupancy limited to six unrelated minors or
more than six minors, if related by blood, who shall be under the
age of 21 years and over the age of five years.
[Added 5-15-1974]
AGENCY COMMUNITY RESIDENCE
A community residence operated by a public social service
or mental hygiene agency or private, nonprofit agency authorized by
the New York State Board of Social Welfare or Commissioner of Mental
Hygiene with occupancy limited to 24 unrelated adults above the age
of 21 years.
[Added 5-15-1974]
AGENCY GROUP HOME
A group home operated by a public social service agency or
private, nonprofit child-care agency authorized by the New York State
Board of Social Welfare with occupancy limited to 12 minors under
the age of 21 years and over the age of five years.
[Added 5-15-1974]
AGRICULTURAL ACTIVITIES
Land, buildings and equipment used to produce, prepare and
market crops, livestock and livestock products as a commercial enterprise,
including but not limited to the following: 1) field crops; 2) vegetables;
3) fruits; 4) horticultural ornamental specialties, including nursery
stock, shrubs, ornamental trees, flowers and vegetables; and 5) Christmas
trees derived from a managed Christmas tree operation whether dug
for transplanting or cut from the stump. Further, agricultural operations
shall include an activity engaged in, by, or on behalf of a farmer
in connection with any furtherance of the business of agriculture
or farming and shall include, without limitation, tillage, planting,
harvesting and marketing; construction of farm structures and facilities,
including other on-farm food processing, as permitted by local and
state building code regulation, in order to enhance the marketing
of farm products; construction and maintenance of certain farm buildings
and other structures related to agricultural practices.
[Added 6-25-2024 by L.L. No. 7-2024]
AGRICULTURE
The cultivation of the soil for food products or other useful
or valuable growths of the field or garden, tillage or husbandry;
but shall not include dairying or raising of livestock, fowl or birds
where the same is carried on as a business or gainful operation.
AGRITOURISM
Activities that link travel and leisure with the products,
services, and experiences of agriculture on sites conducting agricultural
activities. Agritourism is conducted for the enjoyment or education
of the public and primarily promotes the sale, marketing, production,
harvesting, or use of the products of the farm operation. Examples
of agritourism include, but are not limited to, hayrides, food trucks,
music, farm tours and events designed to support farm operations,
and farm wineries pursuant to § 76-A of the New York State
Alcoholic Beverage Control Law.
[Added 6-25-2024 by L.L. No. 7-2024]
AIRPORT
A facility, with improvements for the taking off and landing
of fixed-wing aircraft.
[Added 10-26-1999]
ALLEY
A narrow serviceway providing a secondary means of access
to abutting properties.
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 the front, rear or on a side or by increasing
in height, or the moving from one location or position to another.
ALTERNATIVE FUEL
A fuel other than gasoline or petrodiesel for powering motor
vehicles, such as natural gas, propane, biodiesel, methanol, hydrogen
or electricity.
[Added 8-5-2014 by L.L. No. 8-2014]
ALTERNATIVE FUEL FILLING STATION
An area of land, including structures thereon, used for the
supply or sale, not the production or refining, of alternative fuels,
such as propane, CNG, biodiesel, methanol, hydrogen, and Levels 1,
2, or 3 electric charging.
[Added 8-5-2014 by L.L. No. 8-2014]
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all necessary buildings,
exclusive of uncovered porches, terraces and steps.
ASSEMBLY OR AMPHITHEATER, OUTDOOR
An outdoor public area specifically designed for the purposes
of congregation for special events such as music or concert gatherings,
theater performances or similar activities, not including drive-in
theaters.
[Added 7-19-2011 by L.L. No. 5-2011]
ASSEMBLY OR AUDITORIUM, INDOOR
Commercial or nonprofit movie theaters, stage theaters, social
halls, meeting rooms, convention or catering halls and similar places,
not including religious facilities.
[Added 7-19-2011 by L.L. No. 5-2011]
ASSISTED CARE LIVING QUARTERS
A facility consisting of a building, or a group of buildings
in a campus setting, for residents who need assistance on a daily
basis and are provided with such assistance, consisting of housekeeping
and linen services, transportation for shopping and other needs, prepared
meals served in quarters or in common with other residents, planned
on-site leisure and recreational activities and limited access to
licensed professionals for consultation and evaluation, and where
other professional services are provided by independent licensed professionals
not on staff. Subject to federal housing regulations, at least one
member residing or proposing to reside in a dwelling unit shall have
attained the age of 55 years or more on the date that such household
initially occupies the dwelling unit and no persons age 18 or younger
shall occupy any dwelling unit, with the exception of a superintendent's
unit.
[Added 2-8-2000; amended 9-6-2016 by L.L. No. 10-2016]
ATTIC
The portion of a building between the top of uppermost floor
construction and the underside of the roof construction.
AUTOMOTIVE LAUNDRY
General automated or self-serve washing services for private
passenger vehicles, including detailing.
[Added 5-7-2013 by L.L. No. 3-2013]
AUTOMOTIVE SALES, NEW OR USED, ENCLOSED
An establishment for the retail sale or leasing of new or
used automotive vehicles in which the vehicle inventory is contained
within a completely enclosed indoor salesroom and/or kept off-site
or behind the building and completely screened from view from the
public way, with no more than five display vehicles permitted to be
showcased and readily visible outdoors. Does not include the sale
of boats, campers, RVs, tractors, construction equipment and similar
vehicles.
[Added 5-7-2013 by L.L. No. 3-2013]
AUTOMOTIVE SERVICE
General automotive vehicle services, including oil, brake,
muffler or tire replacement, engine or body work, inspections, and
similar services. Does not include automotive laundry, salvage or
junk yard operations.
[Added 7-19-2011 by L.L. No. 5-2011; amended 5-7-2013 by L.L. No.
3-2013]
BAR or TAVERN
A business enterprise primarily engaged in the retail sale
of alcoholic beverages for consumption on the premises, which may
include food service as secondary to the amount of floor area and
sales generated by the drink sales.
[Added 7-19-2011 by L.L. No. 5-2011]
BASEMENT
A portion of a building that is partly underground which
has more than 1/2 its interior height measured from floor to finished
ceiling above the average finished grade of the ground adjoining the
building, and shall be counted as a story in determining the number
of stories of the building when the ceiling is six feet or more above
finished grade.
BATTERY CHARGING EQUIPMENT
An electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric
vehicles.
[Added 8-5-2014 by L.L. No. 8-2014]
BED-AND-BREAKFAST
A dwelling having a resident host on premises in a private
single-family or two-family home in which at least three and not more
than 10 rooms are provided for overnight accommodations, the rates
for which include breakfast and lodging only, and in which no public
restaurant is maintained and no other commercial services are offered.
[Added 7-19-2011 by L.L. No. 5-2011]
BIODIESEL
Vegetable oil or animal-fat-based diesel consisting of long-chain
alkyl (methyl, ethyl, or propyl) esters, typically made by chemically
reacting lipids (e.g., vegetable oil, animal fat) with an alcohol
producing fatty acid ester. Biodiesel can be used in its pure form
(B100) or blended with petroleum diesel. Blends equal to or greater
than B20 (20% biodiesel, 80% petroleum diesel) shall be considered
biodiesel.
[Added 8-5-2014 by L.L. No. 8-2014]
BUFFER AND/OR BUFFER AREA
Area(s) on a lot usually within required yard areas, used
to screen development or uses on adjoining properties, composed of
either undisturbed or landscaped areas subject to the requirements
of the Planning Board and Architectural Historic Review Board, and
located according to the provisions of the Zoning Ordinance and the
requirements of the Planning Board. The required setback shall be
measured from the lot line for side and rear buffers and from the
designated street line for front yard buffers. The following types
of uses shall not be allowed in a buffer area:
[Added 3-10-1987; amended 3-5-2013 by L.L. No. 1-2013; 3-22-2016 by L.L. No.
5-2016; 6-28-2016 by L.L. No. 8-2016]
(1)
Buildings or aboveground structures.
(2)
Driveways and loading areas, except a driveway for ingress and
egress to and from the site only shall be allowed to cross a buffer.
(3)
Parking areas or reserve parking areas.
(4)
Identification sign (pylon/movement).
(5)
Dumpster, trash, and recycling receptacles of any type.
(6)
Other structures or uses prohibited by the Planning Board.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
BUILDING, COMPLETELY ENCLOSED
A building separated on all sides from adjacent open space
or from other buildings by fixed exterior walls or party walls, pierced
only by windows and entrance or exit doors and covered by a permanent
roof.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is located.
[Added 3-22-2016 by L.L.
No. 5-2016]
BULK
The size and shape of buildings and nonbuilding uses, and
the physical relationship of their exterior walls or their location
to lot lines and other buildings or other walls of the same building,
and all open spaces required in connection with a building. Bulk regulations
include regulations dealing with floor-area ratio, lot area, lot area
per dwelling unit, lot frontage, lot width, height, required yards,
courts, usable open space, spacing between buildings on a single lot
and length of buildings in a row.
BULK, NONCONFORMING
That part of a building or nonbuilding use which does not
conform to one or more of the applicable bulk regulations of this
chapter, either on its effective date or as a result of subsequent
amendments thereof.
CARPORT
A roofed structure, with or without enclosing walls, used
for the storage of one or more automobiles.
CHARGING LEVEL
The standardized indicators of electrical force, or voltage,
at which an electric vehicle's battery is recharged. The terms "1,"
"2," and "3" are the most common EV charging levels, and include the
following specifications:
[Added 8-5-2014 by L.L. No. 8-2014]
(1)
Level 1 is considered slow charging. It is present in homes
and businesses and typically operates on a fifteen- or twenty-amp
breaker on a one-hundred-twenty-volt alternating current (AC) circuit
and standard outlet.
(2)
Level 2 is considered medium charging. It is expected to become
the standard for home and public charging and typically operates on
a forty-amp to one-hundred-amp breaker on a two-hundred-eight- or
two-hundred-forty-volt AC circuit.
(3)
Level 3 is considered fast or rapid charging. It is primarily
for commercial and public applications (e.g., taxi fleets and charging
along freeways) and typically operates on a sixty-amp or higher dedicated
breaker on a four-hundred-eighty-volt or higher three-phase circuit
with special grounding equipment. Note that the term "Level 3" is
recommended to identify the increased power need in a numerical fashion
(i.e., "3"), but the Level 3 charging level is also sometimes referred
to as "Fast" charging and "Rapid" charging.
CHILD DAY-CARE CENTER
A facility licensed by New York State pursuant to the Social
Services Law that provides care for seven or more children, for more
than three and less than 24 hours per day, in premises other than
the residence of a care provider, and for children between the ages
of six weeks and 12 years of age.
[Added 2-8-2000; amended 7-19-2011 by L.L. No. 5-2011]
CHURCH
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
CLARKSTOWN RESIDENT
A person who currently lives in the Town of Clarkstown, New
York, with the intent to make the Town of Clarkstown his or her fixed,
sole and permanent residence. An individual who lives in a house,
a home, an apartment, a room or other similar place in the Town of
Clarkstown continuously for at least three years shall be considered
to have “presumptive evidence” that he or she is a resident
of the Town of Clarkstown.
[Added 4-17-2007 by L.L. No. 3-2007]
CLUB
An organization catering exclusively to members and their
guests to promote nonprofit social, educational, athletic, service
or recreational objectives, with no vending, merchandising or commercial
activities conducted except as required generally for the membership
and purposes of the club. Includes private veteran, fraternal, social
or health clubs.
[Amended 7-19-2011 by L.L. No. 5-2011]
CLUB, OUTDOOR
An organization, public or private, which provides any outdoor
golf course, tennis court, swimming pool, day camp or similar recreational
facilities or accessory restaurants, whether or not operated for profit.
[Added 7-19-2011 by L.L. No. 5-2011]
COMMERCIAL AMUSEMENT
Permanent or temporary structures or staging areas for billiard
parlors, driving ranges, batting cages, mini-golf, bowling alleys,
paintball courses, video arcades or similar gaming activities and
amusement parks.
[Added 7-19-2011 by L.L. No. 5-2011]
COMMERCIAL MOTOR VEHICLE FUELING STATION
An area of land, including structures thereon, used for the
supply of fuels, such as gasoline, diesel, propane, compressed natural
gas, biodiesel, hydrogen, and Levels 1, 2, or 3 electric charging,
for private fleet usage.
[Added 8-5-2014 by L.L. No. 8-2014]
COMPRESSED NATURAL GAS (CNG)
Fuel made from natural gas compressed to less than 1% of
the volume it occupies at standard atmospheric pressure.
[Added 8-5-2014 by L.L. No. 8-2014]
COMPRESSED NATURAL GAS (CNG) STATION
An area of land, including structures thereon, used for the
supply or sale of compressed natural gas fuel for use in natural gas
vehicles.
[Added 8-5-2014 by L.L. No. 8-2014]
CONDOMINIUM OWNERSHIP
The ownership interest in dwelling units and other facilities
acquired pursuant to Article 9-B of the Real Property Law of the State
of New York.
CONTRACTOR STORAGE YARD
A facility operated by or on behalf of a contractor(s) for
open storage and parking of operable commercial vehicles and contractor
equipment and supplies, including the storage and parking of recreational
vehicles, boats and trailers.
[Added 2-10-2009 by L.L. No. 2-2009]
CONVALESCENT HOME
A facility, other than a hospital or nursing home, where
persons recovering from illness, not needing the level of care provided
by a nursing home, are provided with lodging, meals and sufficient
staff assistance to assist in the gradual recovery from prolonged
illness.
[Added 2-8-2000]
COOPERATIVE OWNERSHIP
The ownership interest in dwelling units and other facilities
acquired by a corporation organized pursuant to the Cooperative Corporations
Law of the State of New York.
COURT
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings. It does not include any such
area with no windows opening upon it except windows on a stairway.
An inner court does not extend to a street or yard. An outer court
extends to a street or yard.
CULTURAL CENTER, LIMITED
Building and land used for the purposes of public education
or entertainment, including museums, libraries, art galleries, community
centers, institutional philanthropic use and similar facilities, however
does not include theatrical performances, performing arts, dance and
music programs, concerts or similar large public gathering events.
[Added 5-7-2013 by L.L. No. 3-2013]
CULTURAL CENTERS
A building or premises operated by a nonprofit organization,
primarily oriented to teaching and presenting fine creative and performing
arts, which building or premises is used for social, civic, cultural
gatherings, fund-raising events, neighborhood meetings, art shows,
theatrical performances, performing arts, dance and music programs,
concerts and recitals or similar events and educational programs solely
related to the principal cultural use(s) as stated above and accessory
uses such as day camps, swimming pools, tennis and other game courts.
[Added 7-22-2008 by L.L. No. 8-2008]
DENSITY BONUS
For the purposes of the AAR Zoning District, shall be equal
to a percentage density increase over the otherwise allowable maximum
residential density.
[Added 4-17-2007 by L.L. No. 3-2007]
DENSITY BONUS HOUSING AGREEMENT
A legally binding agreement between a developer and the Town
of Clarkstown to ensure that the requirements of the AAR Zone are
satisfied. The agreement shall establish, among other things, the
number of density bonus units, their size, location, terms and conditions
of affordability, production schedule and restrictions on resale.
[Added 4-17-2007 by L.L. No. 3-2007]
DENSITY BONUS UNITS
Those residential units granted pursuant to special permit
which otherwise exceed the maximum residential density for the development
site.
[Added 4-17-2007 by L.L. No. 3-2007]
DENSITY, RESIDENTIAL
Density of population in a district, measured by the number
of families per acre.
DIESEL ENGINE
An internal combustion engine that uses the heat of compression
to ignite diesel fuel. Vehicles with diesel engines can be filled
at gasoline stations as defined elsewhere.
[Added 8-5-2014 by L.L. No. 8-2014]
DIESEL FUEL
Colloquially referred to as "diesel" or "petrodiesel," a
mixture of hydrocarbons, obtained by distillation of crude oil, that
tends to be denser and less volatile than gasoline. Diesel fuel is
characterized by properties such as cetane number (or cetane index),
fuel volatility, density, viscosity, cold behavior, and sulfur content.
Diesel fuel specifications differ for various fuel grades.
[Added 8-5-2014 by L.L. No. 8-2014]
DORMITORY
A building or part of a building containing private or semiprivate
rooms which open to a common hallway, which rooms are sleeping quarters
for administrative staff, faculty or students, along with bathroom,
dining, cooking, laundry, lounge and recreation facilities, as required.
Dormitory rooms shall not contain separate cooking, dining or housekeeping
facilities, except that one dwelling unit with complete housekeeping
facilities may be provided for the use of a superintendent or supervising
staff for every 50 dormitory rooms, or major part thereof. No more
than one communal dining room shall be provided in the building or
structure used for dormitory purposes. Single-family, two-family and/or
other multiple residential facilities, other than that described above,
are not to be considered as dormitories. Private rooms may be occupied
by no more than one person and semiprivate rooms by no more than four
persons.
[Added 3-22-2016 by L.L.
No. 5-2016]
DRIVE-IN RESTAURANT
See "restaurant with drive-through or curb service."
[Amended 7-19-2011 by L.L. No. 5-2011]
DUSTLESS SURFACE
Adequately covered with screenings, stone, gravel, concrete
or bituminous products, or adequately treated with oil, calcium chloride
or similar dust-inhibiting substances, and maintained in good condition
at all times.
DWELLING UNIT
A building or part thereof containing complete housekeeping
facilities for one family.
EFFICIENCY APARTMENT
An apartment which contains combined living, sleeping and
kitchen (or kitchenette) areas in one room with a separate bathroom.
[Added 3-4-2014 by L.L. No. 2-2014]
ELECTRIC VEHICLE
Any motor vehicle that operates, either partially or exclusively,
on electrical energy from the grid, or an off-board source, that is
stored on-board for motive purpose. "Electric vehicle" includes:
[Added 8-5-2014 by L.L. No. 8-2014]
(1)
A battery electric vehicle;
(2)
A plug-in hybrid electric vehicle;
(3)
A neighborhood electric vehicle; and
(4)
A medium-speed electric vehicle.
ELECTRIC VEHICLE CHARGING STATION
A public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an electric vehicle. An electric
vehicle charging station equipped with Level 1 or Level 2 charging
equipment is permitted outright as an accessory use to any principal
use.
[Added 8-5-2014 by L.L. No. 8-2014]
ELECTRIC VEHICLE PARKING SPACE
Any marked parking space that identifies the use to be exclusively
for the parking of an electric vehicle.
[Added 8-5-2014 by L.L. No. 8-2014]
ELIGIBLE SENIOR CITIZEN
A person having attained the age of 55 years and having been
a resident of the Town of Clarkstown for at least five years.
ENCLOSED MALL
A portion of a major regional shopping center consisting
of a structure which is roofed and otherwise enclosed by abutting
buildings or structures for use by stores, shops and other establishments
which abut and open thereon forming an integrated architectural unit.
FAMILY
[Amended 6-28-2005 by L.L. No. 6-2005; 9-6-2016 by L.L. No. 10-2016]
(1)
One of the following:
(a)
One, two or three persons occupying a dwelling unit; or
(b)
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
(2)
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
(3)
In determining whether individuals are living together as a
functional equivalent of a traditional family, the following criteria
must be present:
(a)
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
(b)
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family;
(c)
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
(d)
The group is permanent and stable. Evidence of such permanency
and stability may include:
[1]
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
[2]
Members of the household have the same address for purpose of
voter's registration, driver's license, motor vehicle registration
and filing of taxes;
[3]
Members of the household are employed in the area;
[4]
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
[5]
There is a common ownership of furniture and appliances among
the members of the household; and
[6]
The group is not transient or temporary in natures.
(e)
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family;
(4)
Substantiation of family status by affidavit or by other legal
proof or documents may be required.
FAMILY DAY CARE
Day care in a family home shall mean day care of more than
two and not more than six children in a single-family detached residence.
[Added 7-8-1986; amended 12-18-1986]
FAMILY RECREATION
Indoor or outdoor recreation activities capable of participation
in by family members of varying ages. Examples include, as a general
category, those for which parking standards are provided in Table
9, Column 6, Numbers 3 and 21 through 34.
[Added 6-25-1991; amended 3-22-2016 by L.L. No. 5-2016]
FARM
Any parcel of land containing at least 10 acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes the storage of equipment used.
It excludes the raising of fur-bearing animals, riding academies,
livery or boarding stables and dog kennels.
FENCE, SOLID
A fence which is so constructed as not to contain openings
which can be seen through.
FLEET
A group of vehicles owned by a private or public entity for
the primary purpose of serving the activities of that entity. Fleet
vehicles are distinct from employee-owned vehicles used for commuting.
[Added 8-5-2014 by L.L. No. 8-2014]
FLOOR AREA, HABITABLE
Rooms occupied by one or more persons for living, eating
and/or sleeping, but does not include attached or built-in garages,
open porches or terraces, or rooms below grade. On the first floor,
it shall be construed to mean all finished floor area having a clear
headroom of 7 1/2 feet or over, including stairwells; in the
second floor all finished or unfinished floor area having a clear
headroom of 7 1/2 feet or over for a minimum horizontal measurement
of six feet, with sidewalls not less than 5 1/2 feet in height.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
FLOOR AREA RATIO OF A BUILDING
[Amended 9-24-1991; 9-27-2005 by L.L. No. 7-2005]
(1)
For single-family detached residences, the floor
area, whether finished or unfinished, in square feet, of all buildings
on a lot divided by the area of such lot in square feet. For purposes
of this definition, attics and the first 400 feet of roofed but unenclosed
front porches are not included, all other covered porches are included,
and 50% of the area below ground level (not including crawl spaces
with less than a five-foot headroom) is included.
(2)
For all other buildings, the floor area, whether
finished or unfinished, in square feet, of all buildings on a lot,
excluding areas used for underground internal parking, divided by
the area of such lot in square feet.
FORMER CLARKSTOWN RESIDENT
A person who met the definition of “Clarkstown resident”
within the past three years.
[Added 4-17-2007 by L.L. No. 3-2007]
FREIGHT TERMINAL
A facility designed or used, in major part, for the receiving,
sorting and shipping by common carriers of articles manufactured,
packaged or sold by others.
[Added 4-7-1976]
FRONTAGE BUILDOUT PERCENTAGE
The percentage of a lot width, when viewed from the street,
which is occupied by building facade. Areas of building facade which
are located beyond the maximum setback distance shall not count toward
this percentage.
[Added 5-7-2013 by L.L. No. 3-2013]
FUEL CELL
A device that produces electricity through the direct oxidation
of a fuel without direct combustion. Fuel cells are distinct from
batteries in that they require a continuous rather than finite supply
of fuel. Fuel cells often use hydrogen as fuel. A vehicle can use
the electricity generated by a fuel cell to power an electric motor.
[Added 8-5-2014 by L.L. No. 8-2014]
FUELING STATION
Any area of land, including structures thereon, that is used
for the sale of any motor vehicle fuel, and oil and other lubrication
substances, including any sale of motor vehicle accessories, and which
may or may not include facilities for lubricating motor vehicles,
but does not include painting or body work.
[Added 8-5-2014 by L.L. No. 8-2014]
FUNERAL HOME
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services.
GARAGE, COMMERCIAL
A building or premises used for the storage, repair, rental,
sale and/or servicing of motor vehicles, and/or for the retail sale
of fuel for such vehicles.
GARAGE, PRIVATE
A building used for storage of motor vehicles owned and used
by the owner or tenant, or the lot on which it is erected for a purpose
accessory to the use of the lot.
GASOLINE
Colloquially referred to as "gas," the fractional distillate
of petroleum used to power a gas engine. Gasoline is denser than natural
gas.
[Added 8-5-2014 by L.L. No. 8-2014]
GASOLINE ENGINE
An internal combustion engine that uses spark plug(s) to
ignite a mixture of gasoline and air. Vehicles with gas engines can
be filled at gasoline stations as defined elsewhere.
[Added 8-5-2014 by L.L. No. 8-2014]
GASOLINE STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel, and oil
and other lubrication substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, except painting or
major repairs.
GRADE, ESTABLISHED
The elevation of the center line of the street as officially
established.
GRADE, FINISHED
The completed surfaces of lawns, walks, curbs, roads and
parking areas brought to grades as shown on official plans or designs
relating thereto.
GREENSPACE
Areas of a lot covered by natural vegetation or landscaping
such as grass, trees, shrubs, flowers, mulch and similar organic growth
which is maintained in good condition and free from impervious surfaces
such as asphalt or concrete.
[Added 5-7-2013 by L.L. No. 3-2013]
HEIGHT OF A BUILDING
The vertical distance from the average elevation of the proposed
finished grade along the wall of a building or structure to the highest
point of the roof, for flat roofs, and to the mean height between
eaves and ridge for gable, hip and gambrel roofs of such building
or structure.
HELIPORT
A facility, with improvements for the taking off and landing
of helicopters.
[Added 10-26-1999]
HOME OCCUPATION
Any occupation, business or professional activity which results
in a product or service and which is conducted in whole or in part
in a dwelling or on a residentially zoned property, is clearly subordinate
in space utilization and intensity to the residential use of the dwelling
unit and has received a permit from the Building Inspector or the
Board of Appeals.
[Amended 2-8-1983; 5-24-1988; 1-23-1990; 3-22-2016 by L.L. No. 5-2016]
(1)
Home occupations do not include:
(a)
Outside storage of equipment or material.
(b)
The use or storage on site of a wheeled vehicle
in excess of 6,500 pounds' gross weight and no more than one wheeled
vehicle other than passenger cars.
(c)
Activities after the hour of 11:00 p.m. and
before 7:00 a.m. on weekdays and from 11:00 p.m. to 9:00 a.m. on Saturdays
and legal holidays.
(d)
The keeping of goods for sale or rent.
(2)
Home occupations do not include animal hospitals,
morticians, limousine services, automotive-repair services, barbershops,
nail salons, beauty parlors, massage establishments, restaurants,
pet grooming, animal breeding or kennels or similar uses which in
the opinion of the Building Inspector are not usual and customary
to a home occupation.
HOSPICE RESIDENCE
A facility, operated by a public health care agency or private,
nonprofit hospice agency authorized by the New York State Department
of Health, in which residential hospice care is provided to not more
than 10 persons, pursuant to a certificate of need issued by the New
York State Department of Health and subject to the provisions of such
certificate of need. Such facility shall provide for communal dining
and recreational facilities for patients. Not more than two caretakers
may also reside in a separate structure of not more than 2,500 square
feet on the same lot or in the same structure as the hospice residence.
[Added 5-13-2008 by L.L. No. 2-2008]
HOSPITAL
See "hospital or clinic."
[Amended 7-19-2011 by L.L. No. 5-2011]
HOSPITAL OR CLINIC, INPATIENT
A facility or clinic for the treatment and medical care of
human ailments which includes overnight bed facilities. Does not include
sanitariums, mental health facilities or similar long-term-stay medical
facilities.
[Added 7-19-2011 by L.L. No. 5-2011]
HOSPITAL OR CLINIC, OUTPATIENT
A facility or clinic for the treatment and medical care of
minor human ailments primarily designed without any overnight inpatient
bed facilities, such as medical offices, dentists, LASIK eye surgery,
physical therapy or similar treatments.
[Added 7-19-2011 by L.L. No. 5-2011]
HOTEL
A building approved by the Building Inspector and the Fire
Inspector as a hotel used to provide sleeping accommodations for transient
guests for periods of less than 30 days in which more than six rooms
are available for hire.
[Amended 6-6-2023 by L.L. No. 5-2023]
HOT TUB or SPA
A shallow pool containing heated water and/or a means to
circulate water or air within the pool, which is not used for swimming.
[Added 5-24-1988]
HYDROGEN STATION
Also referred to as "hydrogen fueling station" or a "hydrogen
filling station," an area of land, including structures thereon, used
for the supply or sale of hydrogen fuel for use in hydrogen vehicles.
HYDROGEN VEHICLE
Vehicle that uses hydrogen as an onboard fuel for locomotion.
A hydrogen vehicle operates using either a hydrogen-powered internal
combustion engine or a hydrogen-powered fuel cell.
IMPERVIOUS SURFACE
The man-made portion of a property that substantially reduces
or prevents the infiltration of rainwater, including, but not limited
to, buildings, asphalt or concrete parking and driveway areas, sidewalks,
and other paved surfaces.
[Added 5-7-2013 by L.L. No. 3-2013; amended 6-20-2023 by L.L. No. 6-2023]
INCOME-ELIGIBLE HOUSEHOLD
A household with an income that does not exceed 60% of the
Rockland County median income as published annually by the US Department
of Housing and Urban Development. Third-party verification of assets
must be supplied by the applicant, and interest derived from all assets
using a multiplier of 2% shall be included when determining total
assets (utilizing Section 42 of IRS Code and any amendments thereto).
This shall be verified annually.
[Added 4-17-2007 by L.L. No. 3-2007;
amended 3-4-2014 by L.L. No. 2-2014]
INN
A building, approved by the Building Inspector and the Fire
Inspector as an inn, which contains a dwelling unit occupied by an
owner or resident manager, with more than three and up to 20 guest
rooms, where overnight lodging and meals are provided for compensation
to transient guests for periods of less than 30 days, and where meals
are offered to the general public and not limited to overnight guests.
[Added 7-19-2011 by L.L. No. 5-2011; amended 6-6-2023 by L.L. No. 5-2023]
JUNKYARD
An area of land, with or without buildings, used for or occupied
by the storage of used or discarded materials such as wastepaper,
rags or scrap metal, building materials, housefurnishings, machinery,
vehicles, or parts thereof, with or without the dismantling, processing,
salvage, sale or other use or disposition of the same. The deposit
or the storage on a lot of two or more wrecked or broken-down vehicles
or parts of two or more such vehicles for one month or more in an
R District or for three months or more in any other district shall
be deemed to be a "junkyard."
KENNEL
A commercial facility for the grooming, keeping, boarding
or selling of dogs, cats, and occasionally other common household
pets. These facilities may also accommodate the routine breeding of
dogs and cats.
[Added 3-26-2019 by L.L.
No. 4-2019]
LABORATORY, RESEARCH, EXPERIMENTAL AND TESTING
A building or buildings for experimentation in pure or applied
scientific or engineering design, development of prototype machines
or devices or of new products, and processing and fabricating incidental
thereto and customary accessory uses necessary thereto, provided that
materials or finished products shall not be manufactured, processed,
fabricated or assembled on the premises primarily for wholesale or
retail sale except as a pilot operation and conducted as a corollary
to such experimentation and research, further provided that no commercial
servicing or repair of commercial products be performed, and further
provided that there be no display of any materials or products for
sale other than models or samples directly related to such research
or development.
LANDSCAPING/GARDENING SALES, OUTDOOR
Retail sales of plants, trees, flowers, gardening or other
landscaping elements with an outdoor display area for items which
require or are designed for outdoor exposure.
[Added 7-19-2011 by L.L. No. 5-2011]
LAUNDERETTE, LAUNDROMAT
Business premises equipped with individual clothes-washing
and dry-cleaning machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in a multiple dwelling.
LAUNDROMAT
Business premises equipped with individual clothes-washing
and clothes-drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in a multiple dwelling.
May include pickup and dropoff of dry cleaning which is conducted
off-site in a separate facility.
[Added 7-19-2011 by L.L. No. 5-2011]
LIGHT MANUFACTURING, PROCESSING OR ASSEMBLY
Any process whereby the nature, size or shape of the article
is changed or where articles are assembled or packaged in quantity,
provided that said process does not create excessive noise, dirt,
traffic, fumes, odors or other undesirable characteristics normally
associated with a heavy manufacturing operation.
[Added 4-7-1976]
LIGHT REPAIR AND MAINTENANCE SERVICES
On-site repair or maintenance of personal property such as
household electronics, computers, appliances, watch, jewelry or shoe
repair, tailoring, upholsterers and similar light work stored and
conducted within an enclosed building.
[Added 7-19-2011 by L.L. No. 5-2011]
LINE, STREET
The dividing line between the street and the lot.
LOADING AREA
A space other than a street, public right-of-way, or required
parking space, the principal use of which is for standing, loading
and unloading of motor trucks, tractors, and trailers, to avoid undue
interference with the public use of streets and alleys.
[Added 3-22-2016 by L.L.
No. 5-2016]
LOADING BERTH
A space adjacent to a loading dock, platform or dedicated
receiving area other than a street, public right-of-way, or required
parking space, the principal use of which is for standing, loading
and unloading of motor trucks, tractors, and trailers, to avoid undue
interference with the public use of streets and alleys.
[Added 3-22-2016 by L.L.
No. 5-2016]
LOT
A parcel of land, not divided by streets, occupied or to
be occupied by one or more principal buildings and accessory buildings
or uses customarily incident thereto, including such open spaces as
are arranged and designed to be used in connection with such buildings.
A lot may or may not coincide with the land shown as a lot on a duly
recorded plat.
[Amended 2-15-1978]
LOT AREA
The total horizontal area included within property lines
of a lot, exclusive of any area of a lot designated as a right-of-way
or easement for vehicular access.
[Amended 11-27-1990]
LOT, CORNER
A lot whose lot lines have an interior angle of less than
135° at the intersection of two street lines.
LOT COVERAGE
The percentage of the lot which is covered by impervious surface, including but not limited to buildings, structures, parking areas, driveways and roads, which reduce stormwater infiltration. Lot coverage shall include all site construction features except: (1) fences which have no continuous footing; (2) decks with spaced decking (minimum gaps of 1/8 inch) which are constructed over pervious surfaces; (3) the portion of a roof designed for and planted with vegetation as a permanent feature ("green roof"); (4) any area deemed by the Department of Engineering and Facilities Management to provide stormwater detention or infiltration which acts to attenuate peak flow from the site; and (5) those areas of the lot constructed using "porous pavements" meeting the criteria contained in the NYS Stormwater Management Design Manual, current edition, including all amendments. A stormwater maintenance agreement, including security, under the provisions of Chapter
249A shall be executed by the owner for all stormwater management measures incorporated into the design of the lot. Nothing herein shall alter or reduce the requirements of Chapter
249A regarding stormwater quality and quantity controls.
[Amended 7-2-2013 by L.L. No. 5-2013; 6-20-2023 by L.L. No. 6-2023]
LOT DEPTH
The horizontal distance measured from the midpoint of the
front lot line to the midpoint along the rear lot line.
[Added 3-10-1987]
LOT FRONTAGE
The horizontal distance measured along the full length of
a street line abutting the lot line.
LOT LINE, FRONT
The line of a public or private street on which a lot fronts
or abuts.
[Amended 11-27-1990]
LOT LINE, REAR
A lot line other than another front lot line on another street
which is the farthest lot line from the street. (Where there is any
question, the Building Inspector shall designate the rear lot line.)
LOT LINE, SIDE
Any lot line not a front lot line or a rear lot line, including
a lot line of an offset portion of a lot.
LOT, THROUGH
An interior lot extending from one street to another.
LOT WIDTH
The distance between side lot lines measured at the required
front yard setback line.
[Amended 3-8-2022 by L.L. No. 2-2022]
MANUFACTURING
Any process whereby the nature, size or shape of articles
is changed, or where articles are assembled or packaged in quantity.
MAXIMUM RESIDENTIAL DENSITY
The maximum number of residential units permitted by the
Town of Clarkstown Zoning Local Law at the time of application, based
on the number of units that could be generated from a standard subdivision
map, not including any density bonus units which may be allowable
under this chapter. For nonresidential zones, the maximum residential
density shall be calculated by applying the zoning district of abutting
residential parcels, and calculating a theoretical unit count based
upon a standard subdivision map. For nonresidential parcels that abut
more than one residentially zoned parcel, the maximum residential
density shall be calculated by applying the zoning district of the
residential parcel with the greatest percentage of property abutting
the subject property.
[Added 4-17-2007 by L.L. No. 3-2007]
MINI-WAREHOUSE
A structure or group of structures intended for dead storage
of goods or wares where individual stalls, garages or lockers are
rented to different tenants and each individual unit provides less
than 500 square feet of storage area.
[Added 9-26-1989]
MIXED-USE RESIDENTIAL
A structure containing both allowable commercial uses on
the ground floor level as well as residential dwelling units within
the same building.
[Added 7-19-2011 by L.L. No. 5-2011]
MOTEL
A building or a group of buildings, approved by the Building
Inspector and the Fire Inspector as a motel, whether detached or in
connected units, designed as individual living and sleeping quarters
with individual entrances, for hire by guests who are transient motor
vehicle travelers for periods of less than 30 days.
[Amended 6-6-2023 by L.L. No. 5-2023]
MULTIFAMILY
See Multiple Residence.
[Added 3-22-2016 by L.L.
No. 5-2016]
MULTIPLE RESIDENCE
A dwelling which is either rented, leased, let or hired out
to be occupied or is occupied as the temporary or permanent residence
or home of three or more families living independently of each other.
MULTI-UNIT COMPLEX
A building containing three or more dwelling units, including
units that are located one over the other.
[Added 4-17-2007 by L.L. No. 3-2007]
NATURAL GAS
A refined petroleum product consisting primarily of methane.
[Added 8-5-2014 by L.L. No. 8-2014]
NATURAL GAS VEHICLE (NGV)
A vehicle that uses compressed natural gas or liquefied natural
gas as fuel for locomotion. A NGV is either:
[Added 8-5-2014 by L.L. No. 8-2014]
(1)
Dedicated, using only natural gas for locomotion; or
(2)
Bi-fuel, equipped with both natural gas and another fuel.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
NURSING HOME
A licensed facility, other than a hospital, where elderly
or infirm persons who are unable to care for themselves are provided
with twenty-four hour-care consisting of lodging, meals, personal
grooming and cleaning, supervision for medication and other therapeutic
needs, recreation and companionship by trained and licensed staff.
[Amended 2-8-2000]
OFFICIAL MAP
The adopted Official Map of the Town of Clarkstown of Rockland
County, pursuant to § 270 of the Town Law.
OPTIONAL MONETARY CONTRIBUTION
A monetary contribution by the applicant to the Clarkstown
Affordable Housing Trust Fund in lieu of providing affordable units
in exchange for a density bonus.
[Added 4-17-2007 by L.L. No. 3-2007]
OUTDOOR SELLING AREA
A portion of a major regional shopping center which is not
completely enclosed within a building and which is neither permanently
heated nor cooled, devoted to retail sales, which is accessory to
a building devoted to retail sales.
OVERALL MASTER PLAN
A development plan for a planned economic development in accordance with §
290-7 of this chapter.
[Added 4-7-1976]
PARKING SPACE
One off-street parking space available for parking of one
motor vehicle exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
PARKING, STRUCTURED, ABOVE GRADE
A parking facility and adjacent access drives, aisles and
ramps that are located in an aboveground structure with two or more
levels. This term includes commercial parking operations as well as
private parking structures. This term shall not include parking facilities
below grade, enclosed within the footprint of a building and private
one-story garages for single-, two- or multifamily dwellings.
[Added 7-19-2011 by L.L. No. 5-2011]
PARKING, STRUCTURED BELOW OR AT GRADE
A parking facility located entirely below grade or within
the footprint area of a building where motor vehicles are parked,
stored or allowed to remain. Separate and distinct from an aboveground
parking structure.
[Added 7-19-2011 by L.L. No. 5-2011]
PATIO HOME, DETACHED
A single-family dwelling on a separate lot with open space
setbacks on three sides.
[Added 4-17-2007 by L.L. No. 3-2007]
PATIO HOME, SEMI-ATTACHED
A single-family dwelling on a separate lot having one party
wall and one side yard.
[Added 4-17-2007 by L.L. No. 3-2007]
PERSONAL CARE
Personal services for the improvement of mind and body, including
nail or hair salons, musical and dance instruction, yoga, karate,
licensed massage therapy, physical therapy, fitness center and similar
activities.
[Added 7-19-2011 by L.L. No. 5-2011]
PERVIOUS SURFACE
A surface which is designed with air holes and crevices to
allow rain water to infiltrate directly into the ground, including
pervious asphalt, pervious concrete, gravel and pervious pavers.
[Added 5-7-2013 by L.L. No. 3-2013]
PET CARE SERVICES
A daytime care service establishment for dogs, cats, and
occasionally other small household pets. This facility may also provide
overnight boarding and hygiene/grooming services. In contrast to breeding
or boarding kennels, these facilities focus on delivering amenity-rich
services geared towards pets and their owners and may include a retail
space offering an assortment of associated pet care products. The
breeding and/or selling of animals at these facilities is not permitted.
[Added 3-26-2019 by L.L.
No. 4-2019]
PET GROOMING
An establishment primarily engaged in providing services
for common household pets, including bathing, clipping, grooming,
feeding and day care, and accessory retail sales. Does not include
overnight pet boarding.
[Added 5-7-2013 by L.L. No. 3-2013]
PETRODIESEL FUEL
Fuel that is a fractional distillate of petroleum used to
power a diesel engine. Unlike biodiesel, petrodiesel is not an alternative
fuel.
[Added 8-5-2014 by L.L. No. 8-2014]
PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV)
An electric vehicle that:
[Added 8-5-2014 by L.L. No. 8-2014]
(1)
Contains an internal combustion engine and also allows power
to be delivered to drive wheels by an electric motor;
(2)
Charges its battery primarily by connecting to the grid or other
off-board electrical source;
(3)
May additionally be able to sustain battery charge using an
on-board internal-combustion-engine-driven generator; and
(4)
Has the ability to travel powered by electricity.
PREMISES
Land and all buildings and structures thereon.
PRIMARY USE
The main purpose for which a site is developed and occupied,
including the activities that are conducted on the site a majority
of the hours during which activities occur.
PROFESSIONAL OFFICE
Offices for the practice of licensed professionals and general
business such as lawyer, accountant, banking, travel agencies, insurance
or real estate sales, engineer, architect, doctor, marketing, consulting
and similar professions.
[Amended 7-19-2011 by L.L. No. 5-2011]
PROPANE
Also referred to as "liquefied petroleum gas (LPG)" or "autogas,"
an alternative fuel that is derived from the processing of unrefined
natural gas. Propane is slightly denser and less volatile than methane,
the main component of compressed natural gas.
[Added 8-5-2014 by L.L. No. 8-2014]
PROPANE STATION
An area of land, including structures thereon, used for the
supply or sale of propane fuel for use in propane vehicles.
[Added 8-5-2014 by L.L. No. 8-2014]
PROPANE VEHICLE
A vehicle that uses propane as on-board fuel for locomotion.
A propane vehicle is either:
[Added 8-5-2014 by L.L. No. 8-2014]
(1)
Dedicated, using only propane for locomotion; or
(2)
Bi-fuel, equipped with both propane and another fuel.
PUBLIC FACILITY, SAFETY OR GOVERNMENT OFFICE
Building or lands used for common civic institutions such
as fire, police, ambulance and other public safety stations, municipal
government offices, post offices and similar services.
[Added 7-19-2011 by L.L. No. 5-2011]
PUBLIC PARK
A natural or landscaped area, buildings or structures provided
by a unit of government for the purpose of active or passive recreation.
May include publicly accessible outdoor amenities such as a picnic
area, baseball or soccer field, nature trail, jogging trail, nature
preserve and similar public outdoor recreational play areas.
[Added 7-19-2011 by L.L. No. 5-2011]
PUBLIC PARKING LOT
Any lot used for the storage of motor vehicles which is open
to be used by the general public.
[Amended 5-7-2013 by L.L. No. 3-2013]
PUBLIC TRANSIT PASSENGER STATION
Any structure or transit facility that is primarily used,
as part of a transit system, for the purpose of loading, unloading,
or transferring passengers or accommodating the movement of passengers
from one mode of transportation to another. Does not include bus stops
along public roads.
[Added 5-7-2013 by L.L. No. 3-2013]
PUBLIC UTILITY SUBSTATION
A building, structure or lot used for or in connection with
the transmission, distribution or regulation of water, sewer, gas,
electric, telephone or other public utility service, not including
telecommunications towers.
[Added 5-7-2013 by L.L. No. 3-2013]
QUARRY, SANDPIT, GRAVEL PIT, TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel, topsoil or any natural material for sale, as
an industrial operation, and exclusive of the process of grading a
lot preparatory to the construction of building for which application
for a building permit has been made to the Building Inspector.
RECYCLING FACILITY
An area of land upon which is located, permanently or temporarily,
structures, machinery and/or other devices which are utilized to separate,
process, modify, convert, treat, boil, compost, compact or prepare
solid waste, refuse, leaves, trash, trees or soil, so that any component
part of the same may be recovered.
[Added 5-23-1989]
REHABILITATION PLAN
A plan for the restoration and reuse of a parcel of land
in order that any dangerous or unsightly conditions created thereon
shall be remedied and which has the signed approval of the Planning
Board.
RELATED RETAIL USE
The retail sale of various products or goods, or the provision
of certain personal services customarily incidental to, related and
clearly subordinate to a primary use in the same building. The use
should not alter the primary use, nor serve property other than the
parcel where the primary use is located. Such related retail uses
may include, among others, the following: rooms or space for the incidental
sale or display of merchandise produced on site, tasting rooms or
food sales related to food or drink manufacturing, incidental retail
sales related to artisan/craft product manufacturing, or sales of
pharmaceuticals and health care equipment and supplies related to
a medical office. See also "primary use."
[Added 8-5-2014 by L.L. No. 8-2014]
RELIGIOUS FACILITY
Churches, synagogues and similar places of worship, Sunday
school buildings, parish houses and rectories.
[Added 7-19-2011 by L.L. No. 5-2011]
RESIDENCE
A building or part thereof which contains one or more dwelling
units for permanent occupancy.
RESIDENCE, TWO-FAMILY
A detached building having two side yards and designed for
or occupied exclusively by two families (with one family living over
the other).
RESIDENTIAL CHARACTER OF AREA
The type and density of residences existing within a neighborhood
and their relation to each other and the surrounding open space.
RESIDENTIAL DISTRICT
A zoning district which is primarily designed to accommodate
residential housing, including but not limited to R-80, R-40, R-22,
R-15, R-10, RG-1, RG-2, MF-1, MF-2, MF-3 and AAR. Does not include
mixed-use commercial/residential districts.
[Added 5-7-2013 by L.L. No. 3-2013]
RESTAURANT, FAST-FOOD
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state, usually served at or from counters in paper, plastic or other
disposable containers for consumption either within the restaurant
building, elsewhere on the premises or for carryout or served from
a drive-in window for consumption off the premises. Fast-food restaurants
do not include bakeries or delicatessens.
[Added 1-13-1987]
RESTAURANT, STANDARD
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state and whose design or principal method of operation includes one
or both of the following characteristics:
[Added 1-13-1987]
(1)
Customers, normally provided with an individual
menu, are served by a restaurant employee at the same table or counter
where said items are consumed.
(2)
A cafeteria-type operation where foods, frozen
desserts or beverages are primarily consumed within the restaurant
building.
RESTAURANT WITH DRIVE-THROUGH OR CURB SERVICE
Any restaurant whose design or principal method of operation
includes drive-up or drive-through service and one or more of the
following characteristics: a permanent menu board is provided from
which to select and order food; customers pay for food before consuming
it; food items are prepackaged in disposable packages designed to
leave the premises or be taken to a table; a self-service condiment
bar and trash receptacles are provided for customer use.
[Added 7-19-2011 by L.L. No. 5-2011]
RESTAURANT WITH OUTDOOR SEATING
Any restaurant, bar or tavern with some, or all, of the customer
seating provided outside of the building on a porch, patio or outdoor
cafe.
[Added 7-19-2011 by L.L. No. 5-2011]
RETAIL, GENERAL
Retail sales of goods to private consumers, including food
and groceries, dry goods and miscellaneous retail services such as
reproduction, printing and faxing services.
[Added 7-19-2011 by L.L. No. 5-2011]
RETAIL WITH DRIVE-THROUGH
Retail sales of goods or services to private consumers with
a vehicle drive-through area, including pharmacies, banks, dry cleaning,
photo processing, coffee or similar businesses.
[Added 7-19-2011 by L.L. No. 5-2011]
ROAD, COLLECTOR
Streets which collect the traffic generated on local streets
and serve a relatively short, convenient and direct means of access
from the various development areas of the town to the secondary road
system.
ROAD, LIMITED ACCESS
A major road that is fully or partially divided by a median,
with access to abutting properties and/or other roads limited by design.
[Added 4-7-1976]
ROAD, LOCAL
Streets whose prime function is to give direct access to
abutting property. "Local roads" are the internal part of the system
to provide movements within residential neighborhoods or other land
use areas.
ROAD, MAJOR
Streets or highways serving to connect through roads with
each other and also to handle internal movements within the town.
ROAD, SECONDARY
Streets serving to connect major roads with each other and
also to handle internal movements within the town.
ROCKLAND COUNTY MEDIAN INCOME
The Rockland County median income for a family of a certain
size as determined annually by the United States Department of Housing
and Urban Development.
[Added 4-17-2007 by L.L. No. 3-2007]
ROCK OUTCROP
An area of rock exposed at the surface of the ground.
[Added 10-26-1999]
SCHOOL OF GENERAL INSTRUCTION
Any public or private nursery, elementary, junior high, high
school or college offering courses in general instruction and accredited
by the New York State Education Department, offering courses at least
five days per week and seven months per year.
[Added 3-22-2016 by L.L.
No. 5-2016]
SCHOOLS
Any public school under the jurisdiction of the Commissioner
of Education of the State of New York; any parochial school operated
and maintained by any religious corporation authorized to perform
its corporate functions in the State of New York; or any school chartered
by the Board of Regents of the University of the State of New York.
SCREEN OR SCREENING
Either:
(1)
A strip at least 10 feet wide, densely planted
or having equivalent natural growth, with shrubs or trees at least
four feet high at the time of planting of a type that will form a
year-round dense screen at least six feet high within three years.
(2)
An opaque wall or barrier or uniformly painted
fence at least six feet high.
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Either (1) or (2) shall be maintained in good
condition at all times, and may have normal entrances and exits, but
shall have no signs affixed to or hung in relation to the outside
thereof except the following: for each entrance, one directional arrow
and the name of the establishment with "For Patrons Only" or like
limitation, not over two square feet in area, which shall be illuminated.
Where required in the district regulations, a screen shall be installed
along or within the lines of a lot as a protection to adjoining or
nearby properties.
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SENIOR CITIZEN CONGREGATE HOUSING
A facility consisting of a building, or a group of buildings
in a campus setting, which serves as a residence for persons age 55
or older who do not need daily assistance and can live independently,
but where meals may be available in a dining room setting. In addition,
housekeeping, linen, laundry services and other amenities may be provided.
No licensed professional medical care or related services are directly
provided. Subject to federal housing regulations, at least one member
residing or proposing to reside in a dwelling unit shall have attained
the age of 55 years or more on the date that such household initially
occupies the dwelling unit and no persons age 18 or younger shall
occupy any dwelling unit, with the exception of a superintendent's
unit.
[Added 2-8-2000; amended 11-10-2011 by L.L. No. 7-2011; 6-4-2013 by L.L. No.
4-2013; 3-4-2014 by L.L. No. 2-2014; 9-6-2016 by L.L. No. 10-2016]
SENIOR CITIZEN HOUSING
A building or a group of buildings which have the total number
of dwelling units specifically designed for the needs of persons age
55 and older which may or may not be constructed with the assistance
of mortgage financing or other financial assistance insured by or
procured through or with the assistance of a municipal, state or federal
governmental agency, and which is constructed and maintained by an
organization or its wholly owned subsidiary incorporated pursuant
to the provisions of the laws of the State of New York. Subject to
federal housing regulations, at least one member residing or proposing
to reside in a dwelling unit shall have attained the age of 55 years
or more on the date that such household initially occupies the dwelling
unit and no persons age 18 or younger shall occupy any dwelling unit,
with the exception of a superintendent's unit. This includes assisted
care living quarters and senior citizen congregate housing.
[Amended 6-4-2013 by L.L.
No. 4-2013; 9-6-2016 by L.L. No. 10-2016]
SHARED PARKING
Parking lots located on two or more adjacent lots which are
connected to each other and open for use by employees, customers and
residents of either property interchangeably due to an agreement by
the owners, with a majority of the parking spaces unreserved.
[Added 5-7-2013 by L.L. No. 3-2013]
SHOPPING CENTER
A group of stores, shops and similar establishments occupying
adjoining structures, whether attached or detached, all of which may
be deemed one building if designed as an architectural unit.
SHOPPING CENTER, MAJOR REGIONAL
A group of stores, shops and similar establishments occupying
adjoining structures, whether attached or detached (all of which may
be deemed one building if designed as an architectural unit), designed
and developed to serve an extensive area beyond the immediate locality
or town in which they are situated and containing an enclosed mall.
SHOPPING CENTER, REGIONAL
A group of stores designed as a unit to serve an extensive
area beyond the immediate neighborhood or town in which they are located.
SIGN
Any announcement, declaration, demonstration, billboard display,
illustration or insignia used to promote or advertise the interests
of any person, group of persons, company, corporation, service or
product when the same is placed, erected, attached, painted or printed
where it may be viewed from the outside of any structure on the premises
where placed. The display of merchandise and products inside a building
and located at least two feet from a window shall not be considered
a sign.
[Amended 5-25-1982; 6-19-2007 by L.L. No. 12-2007]
SIGN AREA
The area, including the frame or edge of the sign, where
the sign can be defined by an enclosed four-sided (straight sides)
geometric shape which most closely outlines said sign. When two identical
sign faces are mounted back to back on the same sign structure and
are either parallel or form an angle not exceeding 30°, only one
of the sign faces shall be used to compute the sign area. If the angle
of the sign faces exceeds 30° then both faces shall be used to
compute the sign area.
[Amended 6-19-2007 by L.L. No. 12-2007]
SITE PLAN
A plan for the improvement and development of multifamily
residential, commercial, research, laboratory and industrial properties
and other nonresidential development, and which has the signed approval
of the Planning Board.
STAGGERED PARKING
A parking arrangement where multiple commercial and residential
uses on the same property are not required to provide the full amount
of parking spaces for every use where it can be demonstrated that
the uses experience their peak parking demands at different periods
of the day.
[Added 5-7-2013 by L.L. No. 3-2013]
STEEP SLOPES
Lot area containing a natural or artificial incline in excess
of 20%, measured and determined on the basis of two-foot contour intervals,
as shown on a certified land survey.
[Added 10-26-1999]
STORY OF A BUILDING
That portion of a building between the surface of any floor
and the surface of the floor next above it, or, if there is no floor
above it, then the space between floor and ceiling next above it.
An attic accessible by fixed or movable stairs shall be considered
as a story unless maintained unfurnished and without human occupancy.
STREET OR ROAD
An existing state, county or Town highway or a street shown:
(1)
On the Official Map of the Town;
(2)
On a plat approved by the Town Planning Board;
or
(3)
On a plat duly filed and recorded in the office
of the County Clerk of Rockland County prior to grant to the Town
Planning Board of the power to approve plats, provided that such street
shall have been suitably improved to the satisfaction of the Town
Board.
STREET CENTER LINE
A line equidistant from each street line, or, if no street
line is established, the center line of the existing pavement, or,
if the street is unpaved, the center line of the existing traveled
way.
STRUCTURE
Anything constructed or erected on or in the ground or attached
to something having a location on or in the ground.
STUDIO APARTMENT
An apartment which contains combined living and sleeping
areas in one room with a separate kitchen with full size appliances
and a separate bathroom.
[Added 3-4-2014 by L.L. No. 2-2014]
TEMPORARY EVENT PERMIT
The following events are permitted on private property with
access from a major road located within any nonresidential zoning
district: arts and crafts show, outdoor retail sale, holiday or cultural
festival, trade fair, grand opening/anniversary celebration or similar
use as approved by the Building Inspector. Applicants must submit
an application for a temporary event permit on forms provided by the
Building Inspector at least 10 business days prior to the event. Such
permits shall be limited to two events per calendar year for a duration
of four days each, including setup and removal.
[Added 3-11-2008 by L.L. No. 1-2008;
amended 3-22-2016 by L.L. No. 4-2016]
TEMPORARY STORAGE CONTAINER
Any portable container, receptacle, or device of a type commonly
used for the temporary storage of personal property and other matter.
The term shall include, but not be limited to, portable on-demand
storage units (PODS) and other similar containers.
[Added 4-10-2018 by L.L.
No. 5-2018]
TRAILER OR MOBILE HOME
A vehicle used for living and sleeping quarters and standing
on wheels or on a rigid support.
TRAILER CAMP
A lot where two or more trailers are parked or which is used
or held out for the purpose of supplying to the public a parking space
for two or more trailers.
TRANSFER STATION
An area of land upon which is located, permanently or temporarily,
structures, machinery and/or other devices where any solid waste,
refuse, leaves, trash, trees or soil is taken from a collection vehicle
and placed either upon the land, into any other transportation unit
or into any other device for future movement to another location.
[Added 5-23-1989]
TRANSIENT
Occupancy of a sleeping unit or sleeping quarters in a hotel,
inn, or motel for less than 30 days. Transient occupancy does not
include indefinite term, long-term or permanent occupancy.
[Added 6-6-2023 by L.L. No. 5-2023]
UNRELATED RETAIL USE
The retail sale of various products, goods, or the provision
of certain personal services that are not related to the primary use
and clearly differ from the primary use established on the same parcel
and are for the exclusive use of company employees and visitors to
a building but not for the general public. Such unrelated retail uses
may include, among others, the following: retail sale of goods to
private consumers, convenience stores, pharmacies, coffee shops, dining
establishments (excluding drive-throughs, drive-ins and other curbside
services), or personal services.
[Added 8-5-2014 by L.L. No. 8-2014]
USABLE OPEN SPACE
That part of the ground area of a lot for a multifamily residence
or single-family attached residence which is:
(1)
Devoted to outdoor recreational space, greenery
and service space for household activities which are normally carried
on outdoors.
(2)
Not devoted to private roadways open to vehicular
transportation, accessory off-street parking spaces or accessory off-street
loading berths.
(3)
Unobstructed except as permitted by Article
V.
(4)
Accessible and available at least to all occupants
of dwelling units for whose use the space is required.
(5)
Having a minimum dimension specified in the
bulk tables for each district.
(6)
Notwithstanding the foregoing, usable open space shall be actually
available for use, taking into consideration the grade of the property,
walkability and excluding wetlands, floodplains and other natural
features which impede the actual use and enjoyment of such area.
[Added 11-10-2011 by L.L. No. 7-2011]
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Usable open space may be counted as part of
any required yard.
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USE
Refers to any purpose for which buildings or other structures
or land may be occupied.
USE, NONCONFORMING
A use of a building or land, or both, which was lawfully
established, but which does not conform to the use regulations for
the district in which it is located in this chapter.
UTILITY, GENERAL PUBLIC SERVICE
Structures required as part of providing local public services,
including reservoirs, water tanks, water towers, water treatment plants,
power and communication lines, railroads and their necessary rights-of-way.
[Added 7-19-2011 by L.L. No. 5-2011]
UTILITY POLES, LINES AND TOWERS
Poles, lines and towers used as part of a system for the
transmission of electricity, telephone messages, telegraph messages,
television pictures, gas, water and similar services and substances.
VEHICLE, COMMERCIAL
A wheeled or tracked conveyance used in a trade or business
except for agriculture.
VETERINARY SERVICES
An establishment for the care of dogs, cats and other domestic
animals by practitioners of the sciences of veterinary medicine, including
on-site boarding services.
[Added 7-19-2011 by L.L. No. 5-2011]
WHOLESALE, DISTRIBUTION AND WAREHOUSING
A predominately nonretail commercial function relating to
the storage or movement of goods; a facility designed or used, in
major part, for the storage of goods.
[Added 4-7-1976]
YARD, FRONT
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front lot line.
YARD, REAR
The space within and extending the full width of the lot
from the rear line to the part of the principal building which is
nearest to such lot line.
YARD, SIDE
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such side lot line.
ZONING DISTRICT
One of several designations given an area or areas of the
town in which all uses of buildings and/or land within said area shall
conform to the applicable provisions of this chapter.