The Village of South Nyack was officially dissolved and incorporated into the Town of Orangetown on March 31, 2022. The Town Board of the Town of Orangetown has determined that certain supplemental zoning regulations, including definitions specifically applicable to the former Village of South Nyack, should be incorporated into the Town of Orangetown Zoning Law through the establishment of a new Article
XVIII.
As used specifically in this article, the following terms shall
have the meanings indicated:
ATTIC
The portion of a building between the top of uppermost floor
construction and the underside of the roof construction.
BUILDABLE ENVELOPE
The area bounded by the required yard setbacks and allowed
height of building, within which a building may be constructed, and
which shall not include any easement unless specifically allowed by
the easement. Where subdivision or site plans show the buildable envelope,
its outline shall conform to this definition.
BUILDING, ALLOWED HEIGHT OF
The height of a building shall be measured from the average
elevation of the proposed finished grade or the existing grade on
all sides of the building, whichever is lower, to the highest point
of the roof, exclusive of any chimneys.
CERTIFICATE OF USE
An annually renewable written authorization from the Building
Inspector for a use allowable under this certificate category.
COVERAGE
That percentage of the plot or lot area covered by the principal
building, accessory buildings, decks, porches, and any surface impervious
to water, including but not limited to concrete, asphalt, brick, macadam,
asphalt or paving stone.
DWELLING, TWO-FAMILY, TYPE B
A detached building having single ownership and containing
two dwelling units, one of which contains no more than 1/3 of the
floor space of the building, so that the appearance of the building
is similar to a single-family house, and where the second unit is
designed to have less density of use than the primary dwelling unit.
LOT AREA
The total horizontal area included within the property lines
of a lot, except that for any minimum lot area specified in this article,
the area shall be adjusted as set forth in § 18.32, Development
of hillsides.
LOT AREA ADJUSTED
The lot area reduced by the percentage set forth in § 18.32,
Development of hillsides, if any. Adjusted lot area shall be used
for the minimum lot area and maximum lot coverage bulk requirements.
OPEN SPACE
That ground area open to the sky and on the same lot with
a building or buildings, and which is landscaped and/or devoted to
outdoor recreation or sitting space.
PARKING SPACE
An off-street space, enclosed or unenclosed, available for
the parking of one motor vehicle and having direct access to a street
via a curb cut, not inhibited by another parking space.
PATIO
An outdoor floor structure built at ground level with no
permanent roof, constructed mostly of stone, bricks or cement, at
least five feet in width and five feet in length, and which does not
serve primarily as a walkway from one part of the property to another.
The dimensions of a patio are not included in the dimensions of any
building that it may adjoin.
PORCH
A structure attached to a principal or accessory building,
consisting of a floor covered by a roof and with at least one side
mostly open to the adjoining yard, that is at least five feet in width
and five feet in length, accessible directly from the building to
which it is attached, and which does not serve primarily as a walkway
from one part of the property to another. The dimensions of a porch
shall be included in the dimensions of the building to which it is
attached.
PRIVATE EDUCATIONAL CAMPUS
An institution that is not "public" which offers to its students
formal education in arts, sciences or humanities, and is chartered
by the Board of Regents of the University of the State of New York,
and which is composed of multiple structures and land uses on a lot
or lots aggregating more than five acres.
ROOMER
A person who renders services, rent, or other compensation
in consideration of occupancy in or upon the premises, is not a member
of the resident family of the dwelling unit, as defined in this chapter,
has the exclusive use of only a bedroom within the dwelling unit and
shall have use of the kitchen, dining room, living room and other
facilities of the dwelling unit in common with other residents.
SCHOOL, PUBLIC
An institution under the jurisdiction of a school district
and legally constituted by the State of New York to offer free formal
education to residents of the district.
STORY, HEIGHT OF
The vertical distance from a floor to the top surface of
the floor next above. The height of the topmost story is the maximum
distance from the top surface of the floor to the top surface of the
ceiling joists.
SWIMMING POOL
Any permanent, nonportable pool, installed above or below
ground, which contains water to be used for swimming or bathing. As
used herein, the word "pool" shall be synonymous with the words "swimming
pool."
A.
SWIMMING POOL, PRIVATEA swimming pool, and its incidental apparatus and equipment, located on a lot as an accessory use to a residence, and maintained by an individual for the sole use of his household and guests, without charge and with no purpose of profit.
B.
SWIMMING POOL, OTHERA swimming pool regularly used by several families who pay a fee or charge, directly or indirectly; or a pool operated by a private club for its members; or any commercial or community pool; or a pool serving dwelling groups or multiple dwellings.
SWIMMING POOL STRUCTURE
Any type of construction or equipment used in connection
with or surrounding a swimming pool, including a deck or paved area.
Subdivisions shall revert to and be subject to Town of Orangetown Town Code Chapter
21, Land Development Regulations. Furthermore, any nonresidential development generally shall revert to and be subject to Town of Orangetown Town Code Chapter
21A, Site Development Plan Approval.
18.21.
Sale of arts, crafts and antiques; general or professional office.
Any premises within the Hamlet of South Nyack used in whole or in
part for the sale of arts, crafts and antiques shall be subject to
the following regulations:
(1)
Only the first floor of the premises shall be used for the sale
of arts, crafts and antiques.
(2)
There shall be no substantial change in the external appearance
of the premises, and the premises shall be continuously maintained
in good condition and repair.
(3)
The outdoor display either on the porch, sidewalk or in the
yard of premises used for the sale of arts, crafts and antiques shall
be prohibited.
(4)
If a portion of the premises is used as a dwelling, the dwelling
units shall have an unobstructed access to the outdoors completely
independent from the area of the building used for the sale of arts,
crafts and antiques.
(5)
That portion of the premises used for the sale of arts, crafts
and antiques shall not be used for cooking or for the sale of food.
No vending machines shall be permitted on the premises.
(6)
No loose refuse shall be stored outdoors at any time.
(7)
There shall be no manufacturing, brazing, soldering, welding,
storage or use of inflammable liquids or use of open flames on the
premises.
(8)
Any overnight occupancy of the area of the premises used for
the sale of arts, crafts and antiques, or as a professional office,
shall be prohibited.
(9)
No premises shall be used for the sale of arts, crafts and antiques,
or as a general or professional office, unless an annual certificate
is obtained from the Building Inspector stating compliance with the
New York State Uniform Fire Prevention and Building Code and the Zoning
Law.
(10)
All storage areas shall be inspected annually by the Building
Inspector or Code Inspector to ensure clear access to all means of
egress and full compliance with all relevant codes and laws.
(11)
If the first floor of such premises ceases to be used for the
sale of arts, crafts and antiques, or as a general or professional
office, it shall thereafter be used to house only one family.
(12)
Off-street parking for employees and/or tenants shall be provided,
in the rear and/or one side yard, behind the front building line,
and shall be screened from adjoining properties.
18.22.
Community residence facilities. Community residential facilities
shall be subject to Town Board approval as to site selection pursuant
to § 41.34 of the Mental Hygiene Law (Padavan), as may be
amended.
18.23.
Signage.
(1)
Signage will be consistent with the Sign Law of the Town of Orangetown, Chapter
31C, and with this Chapter
43, Zoning. The number and size of accessory signs for each South Nyack (SN) zoning district is provided as follows, thereby providing a framework for the regulation of signage in SN zoning districts. No sign or advertising structure shall be erected, moved, enlarged or reconstructed without a permit first having been obtained from the Building Inspector.
(2)
Permitted signs in residence districts. Unless otherwise indicated,
one nonilluminated nameplate or professional sign with an area on
one side of not over two square feet.
(a)
In the SN-HRA District, up to three nonilluminated property
organization identification signs with an area on a side of not over
nine square feet.
(b)
In the SN-RG-A, SN-R-O and SN-RG-OA Districts, provided that
they are accessory to a principal use on the premises:
[1] One nonilluminated nameplate or professional sign
per office, with an area of not over two square feet.
[2] One indirectly illuminated bulletin board or announcement
or identification sign for educational or religious institutions,
with an area on a side of not over 12 square feet, provided that such
sign is located not nearer than 20 feet to any street or property
line or is attached to the building if closer.
[3] One indirectly illuminated identification sign,
with an area on a side of not over 12 square feet, or in the SN-RG-OA
District, two nonilluminated identification signs with an area on
a side of not over 24 square feet, provided that such sign is located
not nearer than 20 feet to any street or property line or is attached
to the building if closer.
(3)
Permitted signs in nonresidential districts, accessory to a
principal use on the premises:
(a)
In the SN-B-1 District, not more than one identification sign
for each tenant on the premises on each wall fronting on a street,
provided that the area, in square feet, of any signs on any wall shall
not be greater than two times the width in feet of the storefront
or commercial establishment to which the sign refers; and such sign
or signs shall be parallel to the face of the building; and no part
thereof, including any illuminating devices, shall project more than
12 inches beyond the face of the wall to which applied nor any distance
beyond or above the building in any other direction.
(b)
In the SN-RGLSO District, one indirectly illuminated sign external
to the building, with an area on a side of not over 20 square feet;
plus one wall sign not exceeding 16 square feet.
18.24.
Place of worship.
(1)
A place of worship may have a tower, steeple or similar structure
extending above the roof to no higher than 50 feet, provided that
no part of this tower shall be closer than 40 feet to any adjoining
nonpublic property line.
(2)
A side yard adjoining any dwelling's property shall be minimum
of 30 feet. Otherwise, it shall be equal to that required for a one-family
dwelling.
(3)
A rear yard adjoining any dwelling's property shall be minimum
of 40 feet. Otherwise, it shall be equal to that required for a one-family
dwelling.
18.25.
General and professional offices, funeral parlors and sale of
arts, crafts and antiques in SN-RG-OA Districts.
(1)
The office and/or retail use shall not occupy more than two
floors of a building.
(2)
Off-street parking shall be wholly provided in the rear and/or
one side yard, behind the front building line, and shall be screened
from adjoining properties.