A.
All words used in the present tense include the future tense; all words in the plural number include the singular number; and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. The word "use" shall be deemed also to include "designed, intended or arranged to be used." Unless otherwise specified, all distances shall be measured horizontally. The word "Town" means the unincorporated part of the Town of Rye, the term "Town Board" means the Town Board of Councilmen of said Town; the term "Board of Appeals" means the Zoning Board of Appeals of said Town; the term "Planning Board" means the Town Planning Board of said Town.
B. ALLEY AREA, BUILDING AREA, SITE AUTOMOBILE COURT BASEMENT BUILDING BUILDING, ACCESSORY BUILDING, MAIN CELLAR CLUB, MEMBERSHIP COURT COURT, INNER COURT, OUTER COVERAGE DISTRICTS DWELLING DWELLING GROUPS DWELLING, MULTIFAMILY DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT EXECUTIVE LEARNING CENTER FAMILY FLOOR AREA RATIO GARAGE, PRIVATE GARAGE, PUBLIC GASOLINE STATION GRADE, FINISHED GROSS FLOOR AREA HEIGHT OF BUILDING(1) (2) HOME OCCUPATION HOSPITAL HOTEL HOUSE TRAILER JUNKYARD LOADING SPACE LOT LOT AREA LOT, CORNER LOT DEPTH LOT, INTERIOR LOT LINE, FRONT LOT LINES LOT WIDTH NONCONFORMING USE NURSERY SCHOOL PARKING SPACE ROOMING HOUSE SIGN STORY STORY, HALF STREET STRUCTURAL ALTERATION STRUCTURE TOURIST HOME USE USE, ACCESSORY YARD YARD, FRONT YARD, REAR YARD, SIDE
For the purpose of this chapter, certain words and terms used herein are defined as follows:
A passage or way open to public travel affording generally a secondary means of access to abutting property.
Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets and steps.
The total area within the property lines of a site, excluding external streets.
A building or a group of detached or semidetached buildings containing rooms or suites of rooms with automobile parking or storage space serving such rooms provided directly or closely in connection therewith, which building or group of buildings is designed, intended or used primarily for the provision of sleeping accommodations for automobile travelers.
A portion of a building partly underground which has more than 1/2 its height, measured from finished floor to finished ceiling, above the average grade of the adjoining ground; and not deemed a story unless the finished ceiling is five feet or more above the average finished grade adjoining the building.
[Amended 11-9-1966]
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.
A building in which is conducted the main or principal use of the lot on which said building is situated.
A portion of a building partly underground having 1/2 or more than 1/2 its clear height, from finished floor to finished ceiling, below the average finished grade adjoining the building.
[Added 11-9-1966]
An organization catering exclusively to members and their guests, or premises and buildings for social, recreational or athletic purposes, which are not conducted primarily for gain, providing that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
An open unoccupied space other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
A court enclosed on all sides by the exterior walls of a building.
A court extending to a street line or opening upon any front, side or rear yard.
That percentage of the lot area covered by the building area.
The term "R District" shall mean any Residential District. The term "C District" shall mean any Commercial District. The term "OB District" shall mean any Office Building District.
A building designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include automobile court, rooming house or tourist home.
A group of two or more two-family or multifamily dwellings occupying a lot in one ownership and having a yard or yards in common.
A building, or portion thereof, containing three or more dwelling units.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building, or portion thereof, providing complete housekeeping facilities for one family.
A building or buildings designed for classes, seminars, meetings and similar activities and related accessory uses, such as restaurants, overnight lodgings and recreational facilities.
[Added 10-7-1980]
One or more persons occupying a dwelling unit and living as a single housekeeping unit with kitchen facilities and other rooms used in common.
The ratio of the aggregate floor area of a building, exclusive of cellar and basement areas used only for storage or services incidental to the operation or maintenance of the building, to the net site area of the lot on which the building is located.
An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use.
A building, or part thereof, used for the storage, care and repair of motor vehicles for remuneration, including any sale of motor vehicle accessories, or where motor vehicles are kept for hire.
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline, or other motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting thereof by any means.
The finished grade at any point along the wall of a building is the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.
The sum of the horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or, in the case of a common wall separating two buildings, from the center line of such a common wall, and including any two-story or any enclosed porch or one having a roof and capable of being enclosed.
[Added 10-7-1980]
The vertical distance to the level of the highest point of the roof's surface if the roof is flat or inclines not more than one inch vertical in one inch horizontal, 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:
If the building adjoins the front property line or is not more than 10 feet distant therefrom: measured at the center of the front wall of the building from the established grade of the curb; or if no grade has been officially established, from the elevation of the existing curb; or if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building.
If the building is more than 10 feet from the front property line: measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished ground surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb.
Any use customarily conducted entirely within a dwelling and carried on only by the residents thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom, rooming house, tourist home, animal hospital or any similar use shall not be deemed to be a home occupation.
Includes sanitarium, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment, or other care of human ailments, but not to include contagious diseases except incidentally, alcoholism, drug addiction, epilepsy or mental diseases.
A building, or portion thereof, containing rooms occupied primarily by transients who are lodged with or without meals, and in which are provided such services as are incidental to the use thereof as a temporary residence.
Any portable or mobile vehicle used or designed to be used for living purposes, and with its wheels, rollers or skids in place.
A place where junk, waste or discarded or salvaged materials are kept, stored or abandoned, including the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery, or parts thereof.
Any off-street space available for the loading or unloading of goods; not less than 15 feet wide, 25 feet long, and 14 feet high, and having direct usable access to a street or alley, except that where once such loading space has been provided, any additional loading space lying alongside, contiguous to, and not separated from such first loading space need not be wider than 12 feet.
A parcel of land occupied or to be occupied by a building or buildings and accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building on such land.
The total horizontal area included within lot lines.
A lot of which at least two adjacent sides abut for their full length on streets or public places not less than 40 feet in width. For the purposes of this chapter such lot must have an interior angle of more than 45° and of less than 135° at the intersection of the two street lot lines. Any other lot is an "interior lot." That portion of a corner lot in excess of 100 feet from the widest street on which the lot abuts shall be considered an interior lot.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line.
The property lines bounding a lot as defined herein.
The mean width of a lot measured at right angles to its depth.
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.
A school designed to provide daytime care or instruction for two or more children from two to five years of age inclusive.
An off-street space available for the parking of one motor vehicle and having an area of not less than 175 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.
Any building or portion thereof containing more than two and less than 10 rooms that are used, rented or hired out to be occupied or that are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. The term "rooming house" shall be deemed to include lodging house and boardinghouse, but not tourist home, automobile court, or multifamily dwelling.
Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insigne of any governmental agency, or any civil, charitable, religious, patriotic or fraternal or similar organization.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if the ceiling is more than five feet above the level from which the height of the building is measured, or if it is used for business purposes, or for dwelling purposes by other than a janitor or watchman.
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
A way, whether public or private, permanently open to common and general use which affords the principal means of access to abutting property.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
A building of residential character, offering lodging with or without meals to transients for compensation.
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
A use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except for certain features specified in § 66-6 of Article IV. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid section as not to be considered in measuring yard dimensions or as being permitted to extend in to any front, side, or rear yard, respectively, and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front and rear lot line as may be.