A.Â
Unless otherwise listed below, the numbers, abbreviations, terms
and words used herein shall have the meanings of common usage as set
forth in the latest edition of Webster's New Collegiate Dictionary.
Terms of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary.
B.Â
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the word "herein" means in this chapter; the word "requirements" means the minimum requirements necessary for the purposes set forth in Article I; and the words "this chapter" shall mean this chapter and the schedules and maps included herein as enacted or subsequently amended.
C.Â
The word "person," as used in this chapter, shall be defined to include,
but not be limited to, an individual, a partnership, a joint venture,
a corporation, an unincorporated association, a firm or any other
form or entity, contractors, subcontractors, or journeymen.
D.Â
The word "lot" includes the word "plot."
E.Â
The term "occupied" or "used," as applied to any land or building,
shall be construed to include the words "intended," "arranged," or
"designed to be occupied or used."
F.Â
"Shall" is always mandatory, except when applied to public officials,
in which event "shall" is directory. Time requirements shall, nevertheless,
be considered mandatory.
G.Â
Those terms related to building and land use that have not been defined
herein shall have the meaning given to them under the New York State
Uniform Fire Prevention and Building Code.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure.
A use of a building or land for a business which has obscene
materials as a significant portion of its stock-in-trade. Obscene
materials include any literature, book, magazine, pamphlet, newspaper,
paper, comic book, drawing, photograph, figure, image, motion picture,
sound recording, article, instrument or any other written or recorded
matter which depicts or describes sexual conduct and which, taken
as a whole, does not have serious literary, artistic, political or
scientific value.
An enterprise in which activities include the cultivation
of food, fiber or horticultural crops or the raising of livestock
or poultry.
A change, enlargement or rearrangement in the structural
parts of a structure, whether by extending on a side or by increasing
in height; or moving from one location or position to another.
A facility for the medical or surgical care and treatment
of animals, including shelters and like facilities, other than animal
kennels as described herein.
Any building, structure or premises in which animals are
kept, boarded or trained in excess of the limitations prescribed for
an accessory use of a residence.
A nonprofit organization established for the purpose of offering
services of a community or recreational nature to its membership.
Any shop or garage, other than a private garage, available
to the public, operated for gain and where services may be performed
the same as an automotive repair garage and, in addition, where bodywork
and painting are also performed.
Any use of land, including any buildings or structures thereon,
that is used for the supply of gasoline, oil or other fuel for the
propulsion of motor vehicles and/or activities related to the maintenance
of automobiles or other vehicles or equipment, including but not limited
to polishing, greasing, waxing, washing, servicing, equipping or repairing
of motor vehicles, but excluding bodywork or painting.
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.
A house or portion thereof where short-term (14 days or less)
lodging rooms and meals are provided for in-house guests. The operator
of the inn shall live on the premises or in adjacent premises.
The ground area of a lot which shall be left in its natural
state or planted, as may be required by code and/or district regulations
or the Planning Board in connection with site plan review.
Any structure having a roof supported by such things as columns,
posts, piers or walls and intended for the shelter, business, housing
or enclosing of persons, animals, property or other materials, including
any combination of materials forming any construction. The term "building"
shall include the term "structure," as well as the following:
Signs.
Walls and retaining walls.
Radio, television and microwave antennas, except for such antennas
installed on the roof of a building and extending not more than 10
feet above the highest level of the roof of such building.
Pergolas, porches, decks, outdoor bins and other similar structures.
Fixed awnings.
Swimming pools.
Transmission towers.
A structure requiring a subsurface support or base, such as
a footing or sleeve for a flagpole or sign.
The vertical distance measured from the average elevation
of the proposed finished grade to the average height between the eves
and ridge of gable, hip and gambrel roof. The distance shall be measured
from the average elevation to the highest point in the case of all
other roofs. Where a basement is proposed to be used as living space,
the elevation shall be measured from the basement floor elevation.
No building shall exceed three stories or 35 feet in height, whichever
shall be less. If more than 50% of the perimeter of the lowest floor
is more than six feet out of the ground or is 12 feet or more in height,
it shall be considered a story for purposes of this calculation.
[Amended 4-20-2015 by L.L. No. 1-2015]
The person charged by the Village Board with responsibility
for administration and enforcement of this chapter.
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.
A place used for burials, whether in the ground or in mausoleums,
provided that no new cemetery shall result in in-ground burials within
a one-hundred-year floodplain area or the construction of any mausoleum
structure of greater than 500 square feet in size any closer than
100 feet to the perimeter of the cemetery.
An organization catering exclusively to members and their
guests, which is not conducted primarily for gain, provided it does
not include any vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such
club. Accessory uses and/or structures may include such subordinate
purposes as administration, operation, accommodations, and the sale
of food and drink primarily to members and their guests.
A grouping of buildings (whether on individual lots or in
condominium ownership) in proximities closer than permitted by the
existing zoning and subdivision regulations in order to preserve open
space and to minimize infrastructure improvements pursuant to § 7-738
of the New York State Village Law (also known as "conservation subdivision").
An indoor or outdoor privately run business involving playing
fields, courts, arenas or halls designed to accommodate sports and
recreational activities, such as but not limited to billiards, bowling,
dance halls, gymnasiums, health spas, skating rinks, indoor or outdoor
shooting ranges, tennis courts, swimming pools, team sports and golf
courses.
A retail store containing less than 2,000 square feet of
gross floor area that is designed and stocked primarily to sell food,
beverages, and household supplies to customers who purchase only a
relatively few items.
A driveway or other entranceway to a public highway requiring
a break in the curbline or shoulder.
A nonresidential facility which meets New York State requirements
for certification intended to provide daily assistance and/or supervision
to handicapped adults, the elderly or adults otherwise requiring assistance
to perform activities associated with daily living.
A nonresidential facility intended to provide for the daytime
care and supervision of children for a period exceeding three hours
and which meets New York State requirements for certification.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. The rental units/rooms in a boardinghouse, dormitory, motel,
inn, nursing home or other similar building shall not be deemed to
constitute dwelling units.
A building or portion thereof containing more than two dwelling
units but intended for single ownership. Single ownership is not intended
to preclude cooperative or condominium ownership.
A detached building designed or occupied exclusively by one
family and having two side yards, with at least 960 square feet of
living area, erected on a permanent foundation, with/without basement
and equipped for year-round occupancy.
A structure containing two dwelling units.
The construction and maintenance of underground, surface
or overhead electrical, gas, telephone, water and sewage collection
systems along with normal accessory activities.
As many as six persons living together as a single, permanent
and stable nonprofit housekeeping unit, using all rooms in the dwelling
and housekeeping facilities in common and having such meals as they
may eat at home generally prepared and eaten together with sharing
of food, rent, utilities or other household expenses. Households or
groups of more than six persons living together shall not be considered
families for purposes of this chapter unless affirmative evidence
is presented to indicate to the satisfaction of the Building Inspector
that the household or group meets the other criteria contained herein.
The sum of the area of all floors of a building as measured
from the exterior walls.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises. Garage space is not classed as living
area even when part of a dwelling. Detached garages for residences
are accessory structures under this Code.
Space occupied by one or more persons for living, sleeping,
eating or cooking. Restaurants for employees and occupants, kitchens
serving them and kitchenettes shall not be deemed to be habitable
space.
Any material defined by the United States Environmental Protection
Agency (USEPA) as hazardous or toxic due to its characteristics, including
but not limited to direct or indirect toxicity, radioactivity, explosivity,
and flammability, or other characteristics as the USEPA or its successors
may revise from time to time.
A facility or institution principally engaged in providing
services for human health maintenance, including a hospital, nursing
home, assisted-living facility, physical rehabilitation center, medical
clinic or medical laboratory.
An activity carried out for gain by a resident and conducted
as an accessory use in the resident's dwelling unit or on the site
of the residence.
A building in which lodging is provided in guest units and
offered to the public for compensation and in which ingress and egress
to and from all rooms are made through an inside lobby or office,
supervised by a person in charge at all hours. The guest unit shall
consist of a room arranged or designed to be available for use as
sleeping quarters for transient guests on a daily or weekly basis.
The term "hotel" does not include bed-and-breakfast establishments.
A tract of land providing for more than one industrial use,
as defined under "light industrial," designed, maintained and operated
as a unit in single ownership or control and sharing certain facilities
in common, such as driveways, parking areas, drainage, utilities and
screening.
Uses involving manufacturing or processing involving changing
the nature, size, or shape of substances of raw materials, or recombining
raw materials. Industrial uses may involve the use of chemical applications,
heat, pressure or other mechanical processing methods.
Charitable, nonprofit or quasi-public uses, including but
not limited to places of worship.
[Amended 4-20-2015 by L.L. No. 1-2015]
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials, such as wastepaper, rags
or scrap metal; or used building materials, house furnishing, machinery,
or parts thereof; with or without dismantling, processing, salvage,
sale or use or disposition of same.
See "animal kennel."
Industrial uses such as manufacturing, processing and assemblage
that are of a nonpolluting nature, will not have a deleterious impact
on the operation of the Village's wastewater treatment facilities,
its surface or groundwater resources or ambient air quality or otherwise
create noxious odors, noise, light or other pollution.
[Amended 9-4-2007 by L.L.
No. 1-2007]
A tract, plot, or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or for building development.
CONFORMING LOTA lot having not less than minimum area and dimensions required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.
NONCONFORMING LOTA parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land, which has a total area and/or dimensions less than prescribed by this chapter for a lot in the district in which such land is situated.
The percentage of the plot or lot area covered by the building
area and all impervious surfaces. Parking areas, regardless of how
surfaced, shall be considered impervious.
The mean distance from the street line of a lot to the rear
lot line of such lot, not to include the street or road right-of-way.
The lot line generally opposite the street line.
The shortest distance between side lot lines measured at
the front yard setback line.
A lot at the junction of, or abutting on, two or more intersecting
streets.
A lot located in such a position that it is to the rear of
a lot fronting on the same street with or without a shared curb cut.
Farm, earth-moving and excavating equipment.
Any naturally formed solid material of commercial value located
on or below the surface of the earth. For purposes of this chapter,
peat and topsoil shall be considered minerals.
The extraction or removal of minerals from the ground for
sale or exchange or for commercial, industrial or municipal use. This
definition shall not apply to:
The excavation or grading of an area necessary to prepare a
site for construction in accordance with an approved building permit,
site plan or subdivision plan, provided that the excavation takes
place within the project site, does not involve the sale or exchange
of mineral resources to off-site locations and is an integral part
of the involved project activities.
Excavations or grading undertaken to enhance the agricultural
use of lands or to provide for structures or other improvements that
benefit or are necessary for ongoing or imminent agricultural activities.
This exemption applies only to excavations where the mineral removal
and subsequent reclamation enhances the agricultural usability or
productivity of the land.
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for dwelling
purposes.
A structure, transportable in one of more sections, that
is built on a permanent chassis and designed to be used as a dwelling
unit when affixed to a permanent foundation or placed on a concrete
slab and connected to the required utilities. "Mobile home" does not
include a modular home.
Factory-manufactured housing, subject to the requirements
and regulations of the New York State Uniform Fire Prevention and
Building Code, in which prefabricated components assembled at the
plant are sent to a housing site in two or more pieces, depending
on the size and style of said housing, to be joined together to form
a complete house on a permanent foundation.
A building or group of buildings, whether detached or in
connected units, containing living and sleeping accommodations used
primarily for transient occupancy and which has individual entrances,
from outside the building, to serve each guest unit. The guest unit
shall consist of a room arranged or designed to be available for use
as sleeping quarters for transient guests on a daily or weekly fee
basis. The term "motel" includes buildings designated as tourist courts,
motor lodges, auto courts and similar appellations, but does not include
boardinghouses.
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater or boiler rooms,
closets and other spaces for service and maintenance of the building
and those spaces used for access and vertical travel between stories.
A place where trees, shrubs, vines and/or flower and vegetable
plants are propagated or grown for a period of at least six months
and/or where flowers and vegetables of an annual variety are germinated
before being offered for sale and transplanting. (Such definitions
shall not encompass those retail establishments that buy the majority
of their horticulture stock wholesale, not propagating it themselves.)
Any private school, accredited by the Education Department
of the State of New York, designed to provide daytime care and instruction
for not more than 75 children from two to six years of age, inclusive.
Space within a building wherein persons normally work or
remain for a period of time.
A place or establishment used for the organizational or administrative
aspects of a trade, or used in the conduct of a profession or business,
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices of
salesmen, sales representatives, architects, engineers, physicians,
dentists, attorneys, insurance brokers, real estate brokers and persons
with similar occupations.
An unenclosed portion of a lot that is not devoted to driveways
or parking spaces and generally free of structures of any kind except
for permitted accessory uses.
The storage of building supplies, raw materials, finished
products, machinery and equipment outside the principal building and
as permitted within certain nonresidential districts.
A specific main use of a building, structure, lot or land,
or part thereof, which this chapter provides for in a particular district
as a matter or right. Any use which is not listed as a permitted,
special use or accessory use shall be considered a prohibited use.
An establishment primarily engaged in providing services
involving the care of a person or personal apparel, such as a beauty
parlor, barber shop, health and fitness center, tailor, or custom
cleaning services.
A small animal (generally under 150 pounds) that is customarily
kept for company or enjoyment and one that may be properly and safely
kept within a dwelling unit or yard. Household pets shall include
dogs, cats, pet rabbits, domestic tropical birds, rodents (gerbils,
hamsters and guinea pigs) and reptiles and amphibians.
A building in which is conducted the main or principal use
of the lot on which it is located.
Structures and uses operated by a governmental agency (whether
municipal, county, regional, state or federal) in the proper exercise
of its jurisdiction.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed, and wherein there is no outside
display of any materials or products.
Any premises where food and/or beverages are commercially
sold for on-premises consumption to patrons seated at tables or counters
and where table service is provided. Any facility without table service
or providing parking lot service to cars where the food is to be eaten
outside of the structure and/or off the premises shall not be considered
a restaurant for the purposes of this chapter and shall be deemed
to be a drive-in or fast food restaurant.
A business enterprise primarily engaged in the sale of quickly
prepared food and beverages selected by patrons from a limited line
of prepared specialized items such as hamburgers, chicken, pizza,
tacos, ice cream and hot dogs, for take-out and/or on-premises consumption
(in the latter case, where orders are placed at a counter as opposed
to table service via a waiter/waitress, in a facility where the floor
area available for dining is less than 1/2 of the gross floor area,
and a major portion of the sales to the public is at a drive-in or
stand-up type counter. The term "fast-food restaurant" shall not include
bakeries, delicatessens, or similar types of retail establishments.
See also "restaurant."
Stores and shops were goods are sold primarily at retail.
Such sales are primarily made directly to the consumer and include,
but are not limited to, goods such as food and beverages; florists;
shoes and clothing; hardware, paint and wallpaper; carpeting; hobby
and crafts; books; furniture; antiques; art supplies; music; pharmacies;
jewelry; photographic supplies; pets; gifts; stationery; sporting
goods; fabrics; optical goods; launderette/laundromat, and appliances;
but excluding lumber yards, restaurants and fast-foot restaurants.
Outside storage or display of goods for such is permitted only with
site plan review by the Planning Board.
An antenna or dish antenna, the purpose of which is to receive
communications or other signals from orbiting satellites and other
extraterrestrial sources.[1]
A combination of educational or recreational facilities with
or without dwelling structures that is registered with the New York
State Department of Education, and where organized educational programs
are conducted primarily for youth. This shall include but not be limited
to charter schools, day schools, parochial/religious schools, private
schools, public schools and seasonal recreational camps that incorporate
regular educations programs, but exclude nursery schools. Schools
shall not be considered "institutions" as defined herein.
[Added 4-20-2015 by L.L.
No. 1-2015]
The blocking, shielding or concealment of views, vistas and
noise through a proper and well designed scheme of planting trees,
shrubs, hedges or vines or the installation of a fence approved by
the Planning Board.[2]
A multifamily dwelling, restricted to occupancy by persons
of 62 years of age or older, where such residents are supported in
the activities of daily living by trained staff.
Proposed conditions of the lot(s) and any other information
that may be reasonably required in order to make an informed determination
pursuant to this chapter requiring review and approval by the Building
Inspector and/or Planning Board (or the Village Board, if applicable).
A use which, because of its' unique characteristics, requires
individual consideration through a site plan review process by the
Planning Board as established by § 7-725-b of the Village
Law of the State of New York. Such a use may require the meeting of
certain conditions and safeguards before being permitted.
An accessory structure in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
Rules and regulations relating to building construction as
promulgated in the New York State Uniform Building and Fire Prevention
Code.
Any vehicular way improved to the standards of the Village
of Woodridge; shown on the Official Map of the Village of Woodridge;
existing as a Village, town, county or state highway; shown on an
approved subdivision plat; or a street shown on a plat filed with
the County Clerk prior to the Planning Board's authorization to review
subdivisions.
The dividing line between a lot and a street right-of-way.
A combination of materials to form a construction that is
safe and stable and includes, among other things, stadiums, telecommunications
facilities, sheds, storage bins, billboards, and display signs.
Any nonportable pool installed above or below ground, containing
an artificial body of water at least 24 inches deep and to be used
for swimming or bathing. As used herein, the word "pool" shall be
synonymous with the words "swimming pool."
A vehicular, portable structure built on a chassis, designed
as a temporary one-family dwelling for travel, recreation and vacation
and having a body width not exceeding eight feet and a body length
not exceeding 34 feet.
An area and building where cargo is stored and where trucks
load and unload cargo on a regular basis with or without truck maintenance
and repair facilities.
A building or structure containing at least one residential
use and one nonresidential use, both of which are primary uses and
neither of which is subordinate to the other. Residential structures
containing home occupations are not mixed uses.
An area, the principal use of which is to house plumbing,
heating, mechanical and/or ventilating equipment. Such space within
a dwelling unit may not be counted toward the minimum square footage
of living area.
A relief from the regulations of this chapter, granted on
grounds of practical difficulties or unnecessary hardships, not self-imposed,
by the Zoning Board of Appeals.
Any device on wheels, treads or runners, self-propelled or
towed, including but not limited to automobiles, trucks, motorcycles,
trailers of all types and snowmobiles.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used; boats or trailers; and other equipment. A selection of
motor vehicles, boats or trailers or other equipment may be displayed
within a totally enclosed building but still others may require an
outdoor area for their storage.
A building, or part of a building, for storing of goods,
wares, and merchandise whether for the owner or for others, and whether
it is public or private warehouse.
A structure or group of structures for the dead storage of
customers' goods and wares where individual stalls or lockers are
rented out to different tenants for storage and where one or more
stalls or lockers have less than 500 square feet of floor area.
A structure and accessories used for religious observances,
such as churches and synagogues.
A required open space other than a court unoccupied and unobstructed
by any structure or portion of a structure from 30 inches above the
general ground level of the graded lot upward; provided, however,
that fences, walls, poles, posts, and other customary yard accessories,
ornaments, and furniture may be permitted in any yard subject to height
limitation and requirements limiting obstruction of visibility.
A yard extending between side lot lines across the front
of a lot adjoining a public street. In the case of through lots or
corner lots, unless the prevailing front yard pattern on adjoining
lots indicate otherwise, front yards shall be provided on all frontages.
Front yards shall be measured from the edge of pavement.
A yard extending across the rear of the lot between inner
side yard lines. In the case of through lots, there will be no rear
yard, but only front and side yards.
A yard extending from the rear line of the required front
yard to the rear lot line, or in the absence of any clearly defined
rear lot line to the point on the lot farthest from the intersection
of the lot line involved with the public street. In the case of through
lots, side yards shall extend from the rear lines of required front
yards. In the case of corner lots, one of the yards remaining after
the designation of front yards shall be considered the side yard,
and the other the rear yard.
[1]
Editor's Note: The former definitions of "school, private"
and "school, public," which immediately followed this definition,
were repealed 9-4-2007 by L.L. No. 1-2007.
[2]
Editor's Note: The former definition of "seasonal recreation
camps/schools," which immediately followed this definition, was repealed
9-4-2007 by L.L. No. 1-2007.
