A.Â
Words and terms stated in the present tense include
the future as well as the past. The singular includes the plural,
and the plural includes the singular, unless the context otherwise
requires. The term "shall" is mandatory and not directory and does
not indicate mere futurity, unless the context clearly so requires.
The term "Village" means the Village of Mount Kisco, which also includes
the Town of Mount Kisco. The terms "Village Board," "Zoning Board
of Appeals," "Architectural Review Board," "Planning Board," "Building
Inspector," "Village Engineer" and other designated boards, authorities
and officers mean, respectively, such boards, authorities and officers
of the Village of Mount Kisco, New York. The term "person" includes
an individual, corporation, partnership, firm or other combination
of persons. The term "lot" includes the term "plot." The term "building"
includes the term "structure." The terms "occupied" and "used," as
applied to any land or building, shall be construed as though followed
by the words "or intended, arranged or designed to be occupied or
used."
B.Â
Words not herein specifically defined shall either
have their ordinary dictionary meanings, as in Webster's New International
Dictionary, or shall be defined by precedent as documented in the
minutes of the Mount Kisco Planning Board and Zoning Board of Appeals
and the records of the Building Inspector of the Village of Mount
Kisco, New York.
Unless otherwise expressly stated, the following
terms shall have the meanings herein indicated:
Touching without any intervening land, except that two parcels
which are separated only by a street or road shall be deemed to "abut"
for the purpose of determining buffer and yard requirements.
[Added 11-16-1987 by L.L. No. 11-1987]
A building or use which is incidental and subordinate to
the principal building or use on a lot.
A measure of land containing 43,560 square feet.
[Added 4-21-2003 by L.L. No. 2-2003]
An establishment, whether retail or wholesale, having 10%
of its stock on the premises or on display in recordings, books, magazines,
periodicals, films, video tapes/cassettes or other viewing materials
for sale or viewing on or off the premises which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas.
[Added 11-1-1993 by L.L. No. 10-1993]
A nonresidential facility in which daytime care, supervision,
monitoring, personal care, nutrition and socialization are provided
for adults and impaired individuals. An adult day-care center must
comply with the standards and applicable regulations of the New York
State Office for the Aging or its successor.
[Added 7-12-1999 by L.L. No. 6-1999; amended 4-21-2003 by L.L. No. 2-2003]
A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators
or exotic dancers or other similar entertainments.
[Added 11-1-1993 by L.L. No. 10-1993]
Any use constituting an adult bookstore, adult motion-picture
theater, adult entertainment cabaret or adult motel or massage establishment,
as those terms are defined herein.
[Added 11-1-1993 by L.L. No. 10-1993]
A motel which is open to the public generally but which makes
available to its patrons in their rooms films, slide shows or videotapes
which, if presented in a public movie theater, would be open to the
public generally but would exclude any minor by reason of age.
[Added 11-1-1993 by L.L. No. 10-1993]
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons.
[Added 11-1-1993 by L.L. No. 10-1993]
Any structure of canvas, plastic or similar synthetic material
or fabric, supported by an air-pressure device and utilized for recreational,
storage or other purposes. For purposes of this chapter, "air structures"
shall be considered to be tents.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders or floors, or any other
change which is not merely a repair or replacement of an existing
part, or any change in the exterior enclosure of the building other
than a repair or replacement of an existing part.
Any premises with more than three amusement devices as defined
in the Public Amusements Law of the Village of Mount Kisco.
[1]Any premises with up to three amusement devices as defined
in the Public Amusements Law of the Village of Mount Kisco.
[2]A device used in communications which converts radio frequency
electrical energy to radiated electromagnetic energy and vice versa;
in a transmitting station an antenna is the device from which radio
waves are emitted.
[Added 10-21-1996 by L.L. No. 3-1996]
A switching device, a part of which is a clock, set to the
prevailing time, that will control the period of illumination of an
outdoor light fixture or outdoor sign.
[Added 4-21-2003 by L.L. No. 2-2003]
The use of any building, land area, or other premises for
the display, sale or lease of new or used automobiles generally but
may include light trucks or vans, trailers, or recreation vehicles,
and including any vehicle preparation or repair work conducted as
an accessory use.
[Added 4-21-2003 by L.L. No. 2-2003]
Any premises, the primary function of which is to provide
for the direct retail sale of gasoline and oil, that incidentally
provides for the sale of minor automotive accessories and supplies
and routine automotive maintenance and service.
[Amended 4-16-1990 by L.L. No. 4-1990]
The average of the highest and lowest horizontal elevations
of the finished surface of the ground, paving or sidewalk at a point
where height is to be measured.
A story in a building, the structural ceiling level of which
is four feet or more above the average level of the finished grade
where such grade abuts the exterior wall of such building which fronts
on any street and the floor level of which is below the finished grade
at any point on the periphery of the building.
Portions of bedrock visible above the surface of topsoil,
including ledges and cliffs.
[Added 4-21-2003 by L.L. No. 2-2003]
Any establishment which maintains two or more billiard tables
or pool tables for the purpose of allowing the use of such tables
for a fee.
[Added 12-19-1994 by L.L. No. 10-1994]
A strip of land along the perimeter of the parcel, identified
on a site plan, established to separate one type of land use from
another. No structure, parking or loading is permitted in any "buffer."
"Buffers" are to be landscaped and kept as open space, except that
driveways and walkways providing access through the "buffer" to a
structure or parking on the lot are permitted.
[Amended 11-16-1987 by L.L. No. 11-1987]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
and/or property.
[Amended 4-16-1990 by L.L. No. 4-1990]
The sum of the area of coverage or footprint of all buildings
and structures on the site.
[Amended 4-16-1990 by L.L. No. 4-1990]
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity.
[Added 11-19-2018 by L.L.
No. 6-2018]
The distance from any building on the lot, except a prefabricated
structure not permanently affixed to the ground, having an area of
not more than 80 square feet and a height of not more than 10 feet,
to the front lot line.
[Added 4-16-1990 by L.L. No. 4-1990]
The line established by the application to the lot of the
minimum building setback regulation applicable in the district in
which the lot is located.
[Added 4-16-1990 by L.L. No. 4-1990]
The line established by the application to the lot of the
front minimum building setback regulation applicable in the district
in which the lot is located.
[Added 4-16-1990 by L.L. No. 4-1990]
The line established by the application to the lot of the
rear minimum building setback regulation applicable in the district
in which the lot is located.
[Added 4-16-1990 by L.L. No. 4-1990]
The line established by the application to the lot of the
side minimum building setback regulation applicable in the district
in which the lot is located.
[Added 4-16-1990 by L.L. No. 4-1990]
The distance from any building on the lot, except a prefabricated
structure not permanently affixed to the ground having an area of
not more than 80 square feet and a height of not more than 10 feet,
to the rear lot line.
[Added 4-16-1990 by L.L. No. 4-1990]
The distance from any building on the lot, except a prefabricated
structure not permanently affixed to the ground having an area of
not more than 80 square feet and a height of not more than 10 feet,
to a side lot line.
[Added 4-16-1990 by L.L. No. 4-1990]
An establishment open to the public where alcoholic refreshments
are served in conjunction with dancing or live entertainment.
Any premises used for the purpose of furnishing for hire
therein one or more ballrooms, reception rooms, dining rooms, banquet
halls, dancing halls or similar places of assemblage for a particular
function, occasion or event and providing food and beverages for consumption
at such function, occasion or event.
[Added 10-4-1993 by L.L. No. 9-1993]
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade where
such grade abuts that exterior wall of such building which fronts
on any street.
Property used for the interring of the dead. This use shall
not include facilities for cremation.
[Added 6-13-2011 by L.L. No. 1-2011]
The replacement of an existing use by a new use or a change
in the nature or intensity of the existing use, but not including
a change in ownership, tenancy, name or management or a change in
product or service within the same use classification where the previous
nature or intensity of the use, line of business or other function
is substantially unchanged, and where the intensity shall mean a change
in the use of a property by affecting the existing characteristics
of the site in terms of traffic, traffic safety, pedestrian and vehicular
access, parking, loading, deliveries, circulation, hours of operation,
fire protection, noise, drainage, utilities, lighting, security, or
other Village services.
[Amended 12-28-2009 by L.L. No. 6-2009]
A program or facility in which child day care is provided
on a regular basis to more than six children for more than three but
less than 24 hours per day for compensation or otherwise. A child
day-care center must be licensed by the New York State Department
of Children and Family Services or its successor. Child day care
does not refer to care provided in:
[Added 4-21-2003 by L.L. No. 2-2003]
A summer day camp, traveling summer day camp
or children's overnight camp as defined in the New York State Sanitary
Code;
A program for school-age children operated solely
for the purpose of religious education, sports, classes, lessons or
recreation;
A facility providing day services under an operating
certificate issued by the New York State Department of Children and
Family Services (formerly known as the “Department of Social
Services”);
A facility providing day treatment under an
operating certificate issued by the New York State Office of Mental
Health or by the New York State Office of Mental Retardation and Developmental
Disabilities; or
A kindergarten, pre-kindergarten or nursery
school for children three years of age or older, or a program for
school-age children conducted during nonschool hours, operated by
a public school district or by a private school or academy which is
providing elementary or secondary education or both in accordance
with the compulsory education requirements of the State Education
Law, provided that such kindergarten, pre-kindergarten, nursery school
or program is located on the premises or campus where the elementary
or secondary education is provided.
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients are not lodged overnight (also called an “ambulatory
health care facility”).
[Added 4-21-2003 by L.L. No. 2-2003]
Attached or detached residential structures situated on a
site by a development design technique that concentrates buildings
in specific areas and preserves large areas of open space, environmentally
sensitive areas and prominent site features.
The mounting of personal wireless service facilities used
by two or more persons, firms or corporations on the same equipment
mounting structure.
[Added 10-21-1996 by L.L. No. 3-1996]
A place, structure, area, or other facility used for and
providing religious, fraternal, social and/or recreational programs
generally open to the public and designed to accommodate and serve
significant segments of the community.
[Added 4-21-2003 by L.L. No. 2-2003]
A supervised group-living facility operated or subject to
licensure by the State of New York, or a similar supervised group-living
arrangement, which in any case provides a supervised residence for
mentally, emotionally, physically or socially disabled persons or
persons in need of supervision or juvenile delinquents. This term
includes, but is not limited to, community residences for the mentally
disabled operated or licensed by the Office of Mental Health or Office
of Mental Retardation and Developmental Disabilities or by the divisions
of the Office of Alcoholism and Substance Abuse; agency-operated boarding
homes; group homes or private proprietary homes for adults operated
or licensed by the New York State Department of Social Services; group
homes, contact homes and urban homes operated or licensed by the Division
for Youth; halfway houses operated or licensed by the Division of
Substance Abuse Services; and any other similar type of group-living
residential facility, whether licensed by any governmental agency
or not; and as defined by Article 7, Title 4, § 463, Subdivision
1, of the Social Services Law, or as said section may hereafter be
amended.
Activities that result in the erection of structures or the
excavation or grading of land.
[Added 4-21-2003 by L.L. No. 2-2003]
Land area and buildings containing golf courses, recreational
facilities, a clubhouse, and customary accessory uses, open only to
members and their guests.
[Added 4-21-2003 by L.L. No. 2-2003]
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimensions of the unenclosed side of the court.[3]
An attachment on the use of land recorded in the land records
as a benefit or limitation in connection with use of such land.
[Added 4-21-2003 by L.L. No. 2-2003]
Land maintenance involving tree trimming and pruning; the
removal of dead and diseased vegetation; lawn and garden care; the
planting of decorative trees, shrubs, and plants; and minor landscaping-related
regrading, not to exceed two-foot cut/fill over a three-hundred-square-foot
area.
[Added 4-21-2003 by L.L. No. 2-2003]
The number of dwelling units which may be constructed on
a lot or site.
[Added 4-16-1990 by L.L. No. 4-1990]
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any excavation, landfill,
or land disturbance; and any use or extension of the use of land other
than permitting it to remain in its natural site.
[Added 4-21-2003 by L.L. No. 2-2003;
amended ]
The sum of the area of coverage or footprint of the building,
structures, paved areas, parking areas and other improved surfaces
on a site, including patios, decks, gazebos and areas covered with
gravel, crushed stone or other materials used to support vehicles,
but not including architectural landscape features such as pools,
ponds and fountains.
[Amended 4-16-1990 by L.L. No. 4-1990;
amended 11-18-2008 by L.L. No. 3-2008]
A part, zone, or geographic area in Mount Kisco within which
certain zoning or development regulations apply.
[Added 4-21-2003 by L.L. No. 2-2003]
Removal of vegetation, excavation or fill or any combination
thereof, including the conditions resulting from any excavation or
fill. For the purpose of this chapter, the term "excavation" shall
mean any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced
or spread; and the term "fill" shall mean any act by which earth,
sand, gravel, rock, or any other material is deposited, placed, replaced,
dumped, transported or moved by person or persons to a new location.
[Added 4-21-2003 by L.L. No. 2-2003]
Premises that are used primarily for the sale or dispensing
of alcoholic beverages by the drink for on-site consumption, and where
food may be available for consumption on the premises as accessory
to the principal use.
[Added 4-21-2003 by L.L. No. 2-2003]
A path for vehicles leading from a street or road to a garage,
parking area, residence or business.
[Added 4-16-1990 by L.L. No. 4-1990]
A building containing three or more dwelling units.
A building containing one dwelling unit only.
[Amended 4-16-1990 by L.L. No. 4-1990]
A building containing two dwelling units only.
[Amended 4-16-1990 by L.L. No. 4-1990]
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family unit, 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.
Grade, middle and high schools, colleges and universities
authorized by New York State to award degrees or certificates; and
business, vocational, instructional and training schools such as:
computer and data processing schools, art and drafting schools, schools
for the theatrical arts, and barber, beauty and cosmetology schools.
[Added 4-21-2003 by L.L. No. 2-2003;
amended 10-7-2003 by L.L. No. 9-2003]
Any structure used primarily to support reception or transmission
equipment, including, but not limited to, antenna support structures,
towers and monopoles.
[Added 10-21-1996 by L.L. No. 3-1996]
A building or use that is present on a given site or in a
given building as of the effective date of this chapter.
[Amended 3-20-2000 by L.L. No. 1-2000; 3-12-2001 by L.L. No. 3-2001]
A householder plus one or more persons related
by blood, marriage or adoption living together as a single not-for-profit
housekeeping unit sharing common facilities; or
A householder plus one or more unrelated persons
living together as a single not-for-profit housekeeping unit sharing
common kitchen facilities.
A building and site designed and equipped for family-oriented recreation and leisure-time activities that are completely located inside of a building, including but not limited to, bowling, go carting, slot-car racing, amusement devices, miniature golf, sports/batting cages, laser tag, climbing walls, trampolines, rope courses, arts and crafts activities, games of deduction (treasure hunts, escape the room, etc.), and other activities designed and available to the whole family. This use shall be deemed to include associated instructional classes. Limited incidental retail sales associated with any such uses shall be deemed an accessory use. Family recreation facility shall not be deemed to include health and athletic membership clubs, discharge of firearms, or any use where the activity is prohibited by law from being accessible to all age groups. To the extent applicable, the above shall be subject to the provisions of Chapter 45.[4]
[Added 7-16-2018 by L.L.
No. 5-2018]
A facility designed and equipped for family-oriented recreation
and leisure-time activities that are conducted outside and limited
as follows:
[Added 7-16-2018 by L.L.
No. 5-2018]
Uses shall be restricted to athletic and sports-related activities;
The location of such activities shall be approved by the Planning
Board to a location on the site which has not been committed to another
primary special permit or accessory use;
No activities shall utilize artificial lighting beyond safety
lighting required by statute or regulation;
Outdoor activities shall only occur between dawn and dusk; and
Family recreational facility shall not be deemed to include
health and athletic membership clubs, discharge of firearms, or any
use where the activity is prohibited by law from being accessible
to all age groups.
[Amended 4-21-2003 by L.L. No. 2-2003]
An enterprise the principal business of which
is the sale of foods, including desserts and/or beverages, in ready-to-consume
servings, for consumption either within the restaurant facility or
for carry-out, and where either:
This term does not include a retail grocery
store, baked-good store, pizzeria, convenience store, delicatessen,
dairy store or other similar outlet selling food items primarily for
home consumption; and does not include a restaurant.
The federal agency responsible for licensing and regulating
wireless communications, which has primary regulatory control over
communications providers.
[Added 10-21-1996 by L.L. No. 3-1996]
The sum of the horizontal areas of all floors of the building
or buildings on a lot, measured from the exterior faces of exterior
walls or from the center lines of party walls separating two buildings,
excluding:
The illuminance on a surface of one square foot in area on
which there is uniformly distributed a light flux of one lumen.
[Added 4-21-2003 by L.L. No. 2-2003]
A retail business primarily engaged in the sale of food goods.
[Added 7-16-2018 by L.L.
No. 5-2018]
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: embalming and
the performance of other services used in the preparation of the dead
for burial; the performance of autopsies and other surgical procedures;
the storage of caskets, funeral urns, and other related funeral supplies;
and the storage of funeral vehicles, but shall not include facilities
for cremation. Where a funeral home is permitted, a funeral chapel
shall also be permitted.
[Added 4-21-2003 by L.L. No. 2-2003]
A building or part thereof used for the storage, painting
or repair of motor vehicles as a business, including the sale of automobile
accessories and supplies.
An accessory building or part of a principal building designed
or used principally for the storage of motor vehicles as an accessory
use.
One- or two-story, multifamily structures, with each structure
containing a number of dwelling units with separate or shared entryways
and including off-street parking, open space and recreation (often
around a garden or open space area).
[Added 4-21-2003 by L.L. No. 2-2003]
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline and other motor
vehicle accessories and which may or may not include facilities for
washing, lubricating or otherwise servicing motor vehicles, but not
including auto body repair or painting thereof by any means.
Large boulders deposited by glacial activity.
[Added 4-21-2003 by L.L. No. 2-2003]
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted, so as to cause annoyance, discomfort, or loss in visual
performance and visibility.
[Added 4-21-2003 by L.L. No. 2-2003]
A tract of land laid out for at least nine holes for playing
the game of golf and improved with trees, greens, fairways, and hazards
and that may include a clubhouse and customary accessory uses.
[Added 4-21-2003 by L.L. No. 2-2003]
Any department, commission, independent agency, of instrumentality
of the United States, of a state, county, incorporated or unincorporated
municipality, township, authority, district or other governmental
unit.
[Added 4-21-2003 by L.L. No. 2-2003]
An area defined as the total lot area, including floodplains,
wetlands, waterways, ponds, steep slopes and any other areas for preservation.
[Amended 2-2-1988 by L.L. No. 1-1988]
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure
that generates electricity for on-site or off-site consumption.
[Added 11-19-2018 by L.L.
No. 6-2018]
A facility providing athletic or physical fitness activities
for members and their guests, such as health and fitness, tennis,
golf, swimming, skating, soccer and gymnasium facilities, operated
for profit by a private entity.
[Added 4-21-2003 by L.L. No. 2-2003]
The vertical distance measured from the average elevation
of the proposed finished grade to the highest point of the roof, if
the roof is flat, or to the mean level between the eaves and the highest
point of the roof, if the roof is of any other type, measured as follows:
[Amended 4-16-1990 by L.L. No. 4-1990; 7-19-1993 by L.L. No. 6-1993]
For a building that adjoins the front property
line or is not more than five feet from the street, measured in feet
or in stories from the established level of the curb.
For a building located more than five feet from
the street, measured in feet or in stories from the average finished
grade adjacent to the exterior walls of the building. For the purpose
of this definition, where the finished grade is made by filling it
shall not be measured more than three feet above the established grade
of the curb.
When a lot fronts on two or more streets, the
lower street or the average elevations of the lot with regard to the
abutting street(s) may be taken as the base for measuring the height
of the building.
The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the structure; provided, however, that structures which constitute projecting features above roof level within the meaning of § 110-31E of this chapter shall be governed by the provisions set forth therein, measured as follows:
[Added 7-19-1993 by L.L. No. 6-1993]
For a structure that adjoins the front property
line or is not more than five feet from the street, measured in feet
or in stories from the established level of the curb.
For a structure located more than five feet
from the street, measured in feet or in stories from the average finished
grade adjacent to the exterior edge of the structure. For the purpose
of this definition, where the finished grade is made by filling it
shall not be measured more than three feet above the established grade
of the curb.
When a lot fronts on two or more streets, the
lower street or the average elevations of the lot with regard to the
abutting street(s) may be taken as the base for measuring the height
of the structure.[6]
A roughly circular area defined by a radius of 75 feet from
the highest point of a hill or rise of land.
[Added 4-21-2003 by L.L. No. 2-2003]
Any building or buildings, including accessory outdoor areas,
used for the care and treatment of customary household pets. Breeding
of animals and public animal sheltering shall not be included in the
normal operation of an "animal hospital."
Any building used for the diagnosis, treatment and care of
human beings afflicted with disease or ailments, with in-patient care.
The term shall not be deemed to include a nursing, rest or convalescent
home or home for the aged.
Any building or group of buildings containing more than six
rooms or suites without individual kitchen facilities, which rooms
or suites are designed or are intended to be occupied for sleeping
purposes for compensation.
An individual who resides in a dwelling unit and who owns,
rents or otherwise has legal possession of such unit.
[Added 3-12-2001 by L.L. No. 3-2001]
Animals that are customarily kept for personal use or enjoyment
within the home. Household pets shall include but not be limited to
domestic dogs, domestic cats, domestic tropical birds and domestic
rodents (such as hamsters and gerbils).
[Added 4-21-2003 by L.L. No. 2-2003]
Illuminating Engineering Society of North America, which
is an organization that establishes standards for the lighting industry.
[Added 4-21-2003 by L.L. No. 2-2003]
An area devoted to or developed predominantly with plant
material or natural landscape features, including lawn, ground cover,
gardens, trees, shrubs and other plant materials, and also including
accessory decorative outdoor landscape elements, such as pools, fountains,
water features and architectural or sculptural elements, provided
that the use of brick, stone, aggregate or other inorganic materials
shall not predominate over the use of plant material.
The horizontal distance between the vertical planes of a
rectilinear building, measured along or parallel to the walls of its
greatest dimension.
Any form of artificial illumination emanating from a light
fixture or an illuminated sign that penetrates other property in excess
of a certain specified amount.
[Added 4-21-2003 by L.L. No. 2-2003]
An off-street space or berth used for the loading or unloading
of cargo, products, or materials from vehicles.
[Added 4-21-2003 by L.L. No. 2-2003]
Any land or parcel of land not divided by public streets
that is or may be utilized in accordance with the provisions of this
chapter. Said "lot" shall have its principal frontage on a public
street or shall have another legal means of access.
A lot at the junction of and abutting on two or more intersecting
streets, where the interior angle of intersection does not exceed
135Âş. Any lot adjoining a curved street at a point where the
street line describes an arc enclosed by an angle of 135Âş or
less shall also be considered a "corner lot." All "corner lots" shall
have two front yards, two side yards and no rear yard.
The distance between the front and rear lot lines.
Any boundary of a lot.
[Amended 4-16-1990 by L.L. No. 4-1990]
The boundary of the lot along the street on which the lot
has frontage.
[Added 4-16-1990 by L.L. No. 4-1990]
The boundary of the lot opposite the front lot line, except
that if the "rear lot line," as so defined, is less than 10 feet in
length, or the lot comes to a point at the rear, then the "rear lot
line" shall be deemed to be a line, parallel to the front lot line,
not less than 10 feet long, lying wholly within the lot and farthest
from the lot line.
[Added 4-16-1990 by L.L. No. 4-1990]
Any lot line which is not a front lot line or a rear lot
line is a "side lot line."
[Added 4-16-1990 by L.L. No. 4-1990]
A lot which has two street lines at opposite ends of the
lot. "Through lots" shall have two front yards and two side yards.
A combination through and corner lot which has three street
lines. A "two-corner lot" shall have two front yards on two street
frontages and two side yards.
The width of a lot measured along a line drawn parallel to
the street line, measured at the required front yard setback.
A unit of measure of the quantity of light which falls on
an area of one square foot every point of which is one foot from the
source of one candela. A light source of one candela emits a total
of 12.57 lumens.
[Added 4-21-2003 by L.L. No. 2-2003]
The following streets in Mount Kisco are classified as "major
streets": North Bedford Road, East Main Street, West Main Street,
South Moger Avenue, Lexington Avenue, Kisco Avenue, Armonk Road and
South Bedford Road.
Any process where either the nature, size or shape of articles
or raw materials is changed or where articles are assembled.
A method of treating the external part of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
[Added 11-1-1993 by L.L. No. 10-1993]
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic or the office
of any health care practitioner duly licensed by the State of New
York, nor barbershops or beauty salons in which massages are administered
only to the scalp, the face, the neck or the shoulder. This definition
shall not include a Volunteer Fire Department, a Volunteer Rescue
Squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facilities and facilities for the welfare of the residents
of the area.
[Added 11-1-1993 by L.L. No. 10-1993]
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health care practitioner duly licensed by the State of New York.
[Added 11-1-1993 by L.L. No. 10-1993]
A facility providing recreational and/or other leisure-time
activities for members and their guests, operated for profit by a
private entity.
[Added 10-17-1988 by L.L. No. 5-1988]
A wheeled vehicle designed and used for permanent living
or business purposes. The removal of the wheels from such a vehicle
shall not be deemed to alter its status in any way.
Native wildflowers, forbs, shrubs, and grasses that serve
as habitat, forage, and migratory way stations for pollinators and
shall not include any prohibited or regulated invasive species as
determined by the New York State Department of Environmental Conservation.
[Added 11-19-2018 by L.L.
No. 6-2018]
A calculated area defined as the gross lot area minus areas
to be deducted pursuant to § 110-31.1A(1) and B(1) of this
chapter.
[Amended 10-17-1988 by L.L. No. 5-1988; 4-16-1990 by L.L. No. 4-1990; 4-21-2003 by L.L. No. 2-2003]
A structure that contains a use permitted in the district
in which it is located but does not adhere to lot, bulk or parking
regulations set forth in this chapter.
A use, whether in a building or on a parcel of land, or both,
which does not conform to the permitted use regulations as set forth
in this chapter for the district in which it is situated but was lawful
under the Zoning Law when the use came into being.
Each of the following zoning districts: CB-1, CB-2, CR, CL,
GC, OG, OC, ML, H, RDX, SC Districts.
[Amended 10-17-1988 by L.L. No. 5-1988; 2-29-2019 by L.L. No. 1-2019]
A parcel of land, with or without a building, where woody
or herbaceous plants are grown, growing or maintained in a condition
for sale.
Any building used for the accommodation and recuperative,
postoperative or convalescent care of three or more persons suffering
from or afflicted with or convalescing from any infirmity, disease,
ailment or incapacity. It shall not mean or be deemed to include a
hospital or place of treatment for mental illness or contagious diseases.
Direct light emissions offensively visible above a height
of five feet at the subject property line. A bulb, a reflective device,
a refractive lens device, a globe, or a diffuse panel shall be considered
a direct light emission source.
[Added 4-21-2003 by L.L. No. 2-2003]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use and enjoyment or for the use and enjoyment of owners, occupants,
and their guests of land adjoining or neighboring such open space.
[Added 4-21-2003 by L.L. No. 2-2003]
An electronically powered illuminating device containing
a total light source of more than 1,800 initial lumens per fixture
(this is greater than a single one-hundred-watt incandescent lamp,
or two seventy-five-watt reflectorized incandescent bulbs), which
is permanently installed outdoors, including but not limited to devices
used to illuminate any site, architectural structure or sign.
[Added 4-21-2003 by L.L. No. 2-2003]
Any structure or lot used for the temporary storage of motor
vehicles which contains space available to the general public by the
hour, day, week or year.
A surfaced area that is accessible and available at all hours
for the parking of a passenger or commercial vehicle on a transient
basis.
A structure on a lot or within a building, or both, including
one or more parking spaces, together with driveways, aisles, turning
and maneuvering areas, clearances and similar features, and meeting
the requirements established by this chapter.
A motor vehicle designed primarily for the transport of persons,
and which complies with the New York State definition and standards
for a passenger vehicle.
[Added 4-21-2003 by L.L. No. 2-2003]
A set of criteria or limits relating to certain characteristics
that a particular use or process may not exceed.
[Added 4-21-2003 by L.L. No. 2-2003]
A use listed within the regulations for a particular district
as a permitted use within that zone, and permitted therein as a matter
of right or upon the issuance of a special permit, when conducted
in accordance with the regulations established by this chapter.
[Added 4-16-1990 by L.L. No. 4-1990]
Any business providing services related to the body or physical
appearance of a person, such as beauty shops, barber shops, nail salons,
tanning salons, weight control clinics, photography studies, tailors
and shoe repair shops.
[Added 12-19-1994 by L.L. No. 10-1994; amended 4-21-2003 by L.L. No. 2-2003]
Commercial mobile services, wireless telecommunications services
using duly authorized devices which do not require individual licenses
(excluding the provision of direct-to-home satellite services), and
common carrier wireless exchanges, including cellular radiotelephone,
specialized mobile radio system and personal communications services.
[Added 10-21-1996 by L.L. No. 3-1996]
A facility for the provision of personal wireless services. A personal wireless service facility includes an antenna, equipment mounting structure and accessory buildings and equipment. For purposes of this chapter, a personal wireless service facility shall not be included within the definition of a "public utility facility" as specified in this chapter, since personal wireless service facilities, although they are facilities operated by public utilities with certain rights under the laws of the United States and the State of New York, are exclusively regulated as such by § 110-27.1 of this chapter.
[Added 10-21-1996 by L.L. No. 3-1996]
An active recreational area with a variety of facilities,
including equipment for younger children as well as court and field
games.
[Added 4-21-2003 by L.L. No. 2-2003]
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 11-19-2018 by L.L.
No. 6-2018]
Any building or structure that is intended to house, shelter
and/or enclose a principal use.
[Added 4-16-1990 by L.L. No. 4-1990]
A use which constitutes the primary use of the lot.
[Added 4-16-1990 by L.L. No. 4-1990]
A use providing recreation facilities and/or other leisure-time
activities for the community operated by a for-profit entity.
[Added 7-16-2018 by L.L.
No. 5-2018]
An office of a properly certified or licensed physician;
psychologist; physical, occupational or speech therapist; chiropractor;
social worker; dentist; lawyer; engineer; planner; architect; accountant;
teacher or other similar professional person.
[Added 4-21-2003 by L.L. No. 2-2003]
A use providing recreational and/or other leisure-time activities
for the community, whether or not membership is required or fees are
charged, operated by a governmental entity.
[Added 4-21-2003 by L.L. No. 2-2003]
A facility other than a personal wireless service facility
for the provision of public utility services, including facilities
constructed, altered or maintained by utility corporations, either
public or privately owned, or government agencies, necessary for the
provision of electricity, gas, steam, heat, communication, water,
sewage collection or other such service to the general public. Such
facilities shall include poles, wires, mains, drains, sewers, pipes,
conduits, cables, alarms and call boxes and other similar equipment,
but shall not include office or administration buildings. For purposes
of this chapter, personal wireless service facilities, defined separately
in this chapter, shall not be governed by the zoning regulations which
apply to the broader definition of public utility facilities, but
shall be governed by the regulations of the Personal Wireless Services
Facilities Overlay District which specifically regulates this category
of public utilities.
[Added 10-21-1996 by L.L. No. 3-1996]
A facility providing recreational and/or other leisure-time
activities for the community, whether or not membership is required
or fees are charged, operated by a not-for-profit entity.
[Added 10-17-1988 by L.L. No. 5-1988]
A use providing recreational and/or other leisure-time activities
for the community, whether or not membership is required or fees are
charged, operated by a not-for-profit entity.
[Added 4-21-2003 by L.L. No. 2-2003]
An area for the temporary parking and lining up of motor
vehicles while awaiting service or other activity.
An establishment engaged in transmitting oral and visual
programs to the public or private individuals/groups/organizations
and that consists of a studio, transmitter, wires and antennas.
[Added 4-21-2003 by L.L. No. 2-2003]
A transportation vehicle, self-propelled or capable of being
towed by a passenger car, station wagon or small pickup truck, of
such size and weight as normally not to require any special highway
movement permits and primarily designed or constructed to provide
temporary, movable living quarters for recreational, camping or travel
use or to carry such equipment, but not for profit or commercial use.
Included as "recreational vehicles" are the following:
TRAILERS, TRAILER COACHES and FIFTH WHEEL TRAILERSRecreational vehicles constructed with integral wheels to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup or panel trucks and similar motor vehicles, but not including truck tractors of any type.
CAMPING TRAILERA type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and are made out of either canvas or similar cloth or some form of rigid material, such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
PICKUP (SLIDE-IN) CAMPERSRecreational structures designed to be mounted temporarily or permanently in the beds of light trucks, with the trucks having either single or double rear wheels, and with or without an assisting, extra tax axle and with wheels mounted either on the camper chassis or the truck chassis behind the truck's rear wheels. These campers can be easily demounted from the truck beds. When removed from their respective truck beds, pickup (slide-in) campers are called "unmounted campers."
CHASSIS MOUNTS, MOTOR HOMES and MINIMOTOR HOMESRecreational vehicles constructed integrally with a truck or motor van chassis and incapable of being separated therefrom. The truck or motor van chassis may have single or double rear wheels.
CONVERTED AND CHOPPED VANSRecreational vehicles which are created by altering or changing an existing auto van to make it into a recreational vehicle, meeting the requirements of Subsection A of this definition.
A structure or place in which worship, ceremonies, rituals,
and education pertaining to a particular system of beliefs are held.
[Added 4-21-2003 by L.L. No. 2-2003]
Facilities devoted to the pursuit of scientific or technological
research, design and development of natural, manufactured, processed
or compounded material or products, including but not limited to food
and other consumer products, electronic and electrochemical processes,
products and equipment, laser technology, telecommunications, medical
research, genetic research, pharmaceuticals, aerospace equipment,
computers and robotics.
[Added 4-21-2003 by L.L. No. 2-2003; 2-29-2019 by L.L. No. 1-2019]
Each of the following zoning districts: PD, CD, CL-1, CN,
PRD, RS-12, RS-9, RS-6, RT-6, RM-5, RM-12 and RM-29 Districts.
[Amended 4-29-2019 by L.L. No. 1-2019]
An enterprise that is primarily engaged in preparing and
serving food and beverages intended to be consumed on the premises
by patrons seated and served at tables or counters, and that may provide
incidental musical entertainment without dancing, either by mechanical
electrical devices or by not more than four persons playing any nonamplified
instrument(s), but not including a fast-food restaurant or cabaret.
[Amended 4-21-2003 by L.L. No. 2-2003]
A limitation on the use of property that may be created in
a recorded instrument or through certain zoning or subdivision regulations,
or as a condition of approval of an application for development.
[Added 4-21-2003 by L.L. No. 2-2003]
Any business involving the sale of goods or articles individually
directly to the consumer, including, but not limited to, full-service
grocery store.
[Added 12-19-1994 by
L.L. No. 10-1994; amended 7-16-2018 by L.L. No. 5-2018]
An area 75 feet downslope to either side of the center line
of a ridge.
[Added 4-21-2003 by L.L. No. 2-2003]
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
[Added 11-19-2018 by L.L.
No. 6-2018]
Any facility, public or private, which offers classes or
provides other educational services for minors.
[Added 11-1-1993 by L.L. No. 10-1993]
A method of visually shielding or obscuring an abutting or
nearby structure or use from another by fencing, walls, berms, landscaping,
hedges or densely planted vegetation.
[Added 4-21-2003 by L.L. No. 2-2003]
A category of senior housing that provides senior citizen
residents with home health care in addition to the services routinely
provided by senior independent and senior enriched housing.
[Added 4-21-2003 by L.L. No. 2-2003]
A category of senior housing in which senior citizen residents
are provided with services that may include meals, housekeeping, shopping,
transportation, social activities and some personal care assistance.
[Added 4-21-2003 by L.L. No. 2-2003]
Multiunit apartment buildings, condominiums, cooperatives,
and one- and two-family home complexes that are restricted to a person
or persons who:
[Added 4-21-2003 by L.L. No. 2-2003]
The horizontal distance from a lot line to the part of the
building which is nearest to such lot line.
[Added 4-16-1990 by L.L. No. 4-1990]
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person is female, breast.
[Added 11-1-1993 by L.L. No. 10-1993]
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 90Âş for street
lighting and 80Âş for all other lighting, through the light fixture's
lowest light-emitting part. Any structural part of the light fixture
providing this cutoff angle must be permanently affixed.[7]
[Added 4-21-2003 by L.L. No. 2-2003]
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images.
[Added 4-21-2003 by L.L. No. 2-2003]
|
The definitions for different types of signs which are in Chapter 89 of the Code will follow this definition.
|
The entire parcel proposed for development.[8]
[Added 2-2-1988 by L.L. No. 1-1988]
The ratio of vertical to horizontal distance.
[Added 4-21-2003 by L.L. No. 2-2003]
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
[Added 11-19-2018 by L.L.
No. 6-2018]
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
[Added 11-19-2018 by L.L.
No. 6-2018]
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows.
[Added 11-19-2018 by L.L.
No. 6-2018]
Tier 1 solar energy systems include the following:
Roof-mounted solar energy systems on buildings.
Building-integrated solar energy systems; and
Solar energy systems mounted as a roof on an accessory structure,
not exceeding a total roof area of 750 square feet and not constituting
a ground-mounted solar energy system as defined herein.
Tier 2 solar energy systems: reserved.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems, or any Tier
1 or 2 system that does not comply with the applicable regulations.
All solar energy systems shall constitute building and/or
development coverage. Building coverage shall be deemed increased
only to the extent that any additional building is created. Development
coverage shall be deemed increased only to the extent that the surface
area of any development coverage is increased. For purposes of this
chapter, open air carports shall constitute structures, not buildings.
[Added 11-19-2018 by L.L.
No. 6-2018]
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 11-19-2018 by L.L.
No. 6-2018]
A principal use permitted upon the issuance of a special permit pursuant to § 110-46 of this chapter.
[Added 4-16-1990 by L.L. No. 4-1990]
Ground areas with an average slope of 15% or greater with
a minimum area of 500 square feet, one dimension of which is a minimum
of 10 feet. Measurements shall be made along a horizontal plane.
[Added 4-21-2003 by L.L. No. 2-2003]
A device that stores energy and makes it available in an
electrical form.
[Added 11-19-2018 by L.L.
No. 6-2018]
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
Any public thoroughfare, court, place, square, lane or way
set aside or used as a right-of-way for common street purposes.
The dividing line between a lot and a street. Where a proposed
street widening line is shown on the Official Map of the Village of
Mount Kisco, such line shall be deemed to be the "street line."
Any combination of materials forming any construction, including
but not limited to freestanding signs, fences, walls (other than retaining
walls projecting above the ground not more than two feet at the lower
ground level), radio and television antennas (except such as are installed
on the roof of a building), pergolas, porches, outdoor bins, outdoor
air conditioners (except those installed in windows), swimming pools
and solar panels.
[Added 4-16-1990 by L.L. No. 4-1990]
An outdoor water pool which is intended to be used for swimming
or bathing. An "outdoor water pool" shall, for the purposes of this
chapter, be construed to mean any swimming pool or any structure which,
when filled to capacity, will cause the retention of water to a greater
depth than 24 inches or will have a plane surface area of water greater
than 75 square feet. This definition includes in-ground as well as
aboveground swimming pools, but excludes lakes, ponds, retention basins
and other natural water bodies.
A building erected or used exclusively for telephone, telegraph,
data transmission, radio, district messenger and fire and burglar
alarm central systems and similar central station systems; and telephone
systems not connected to a central station system but using similar
types of equipment, methods of installation and maintenance.
An improved area used for playing tennis.
[Added 4-21-2003 by L.L. No. 2-2003]
A portable and collapsible shelter made of canvas or other
fabric material which is stretched over a supporting framework.
[Added 4-21-2003 by L.L. No. 2-2003]
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical, or other live performances.
[Added 4-21-2003 by L.L. No. 2-2003]
One of several attached dwelling units that together constitute
a multifamily building, each of which is designed for and occupied
exclusively as a home or residence for not more than one family and
separated from other units by a ground-to-roof party wall or walls.
An unenclosed portion of the ground of a lot which is not
devoted to roadways, driveways or parking spaces or of which not more
than 10% is roofed for shelter purposes only, the minimum dimension
of which is 40 feet and which is available and accessible to all occupants
of the building or buildings on said lot for purposes of active or
passive outdoor recreation. In no event shall any required buffer
area be included in the calculation of "usable open space."
The specific purpose for which land, a building or a portion
of a building is designed, arranged or intended or for which it is
or may be occupied or maintained.
Ground areas with an average slope of 25% or greater with
a minimum area of 500 square feet, one dimension of which is a minimum
of 10 feet. Measurements shall be made along a horizontal plane.
[Added 4-21-2003 by L.L. No. 2-2003]
The Village/Town of Mount Kisco.
[Added 4-21-2003 by L.L. No. 2-2003]
An area as defined in § 107-2 of this Code.
[Amended 3-4-1991 by L.L. No. 2-1991]
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users, to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
[Added 4-21-2003 by L.L. No. 2-2003]
An unoccupied area fully open to the sky between the front
lot line and the front building setback line.
[Amended 4-16-1990 by L.L. No. 4-1990]
An unoccupied area fully open to the sky between the rear
lot line and the rear building setback line.
[Amended 4-16-1990 by L.L. No. 4-1990]
An unoccupied area fully open to the sky between the side
lot line and the side building setback line.
[Amended 4-16-1990 by L.L. No. 4-1990]
[3]
Editor's Note: The definition of “coverage,”
which immediately followed this definition, was repealed 4-16-1990
by L.L. No. 4-1990.
[6]
Editor's Note: The definition of “historic
residence museum,” added 6-19-1995 by L.L. No. 5-1995, which
immediately followed this definition, was repealed 11-20-1995 by L.L.
No. 9-1995.
[7]
Editor's Note: The definition of “shopping
center,” which immediately followed this definition, was repealed
10-7-2003 by L.L. No. 9-2003.
[8]
Editor's Note: The definition of “site
development coverage,” which immediately followed this definition,
was repealed 4-16-1990 by L.L. No. 4-1990.
