The long title shall be as follows: "A Law Regulating
and Restricting the Location, Construction and Use of Buildings and
Structures and the Use of Land in the Unincorporated Area in the Town
of Ramapo, County of Rockland, State of New York."
This chapter shall be known and may be cited
as the "Zoning Law of the Town of Ramapo, New York."
There is hereby established a new Comprehensive
Zoning Law for the Town of Ramapo, which law is set forth in the text,
tables and map that constitute this chapter. Said law is adopted for
all of the purposes set forth in Article 16 of the Town Law, and all
power and authority granted therein are hereby adopted. The Zoning
Law implements the policies for land use in the Town of Ramapo Comprehensive
Plan and is adopted for the protection and promotion of the public
health, safety, morals and general welfare of the community as follows:
A.
To guide the future growth and development of the
Town in accordance with a Comprehensive Plan of land use and population
density that represents the most beneficial and convenient relationships
among the residential, nonresidential and public areas within the
Town, considering the suitability of each area for such uses, as indicated
by existing conditions, trends in population and modes of living and
having regard for the use of land, building development and economic
activity, considering such conditions and trends both within the unincorporated
areas of the Town and with respect to the relation of the Town to
areas outside thereof.
B.
To provide adequate light, air and privacy; to promote
safety from fire, flood and other dangers; and to prevent overcrowding
of the land and undue congestion of the population.
C.
To protect the character and the social and economic
stability of all parts of the Town and to encourage the orderly and
beneficial development of all parts of the Town.
D.
To protect and conserve the value of land throughout
the Town and the value of buildings appropriate to the various districts
established by this chapter.
E.
To bring about the gradual conformity of the uses
of land and buildings through the Comprehensive Zoning Plan set forth
in this chapter, and to minimize the conflicts among the use of land
and buildings.
F.
To promote the most beneficial relation between the
use of land and buildings and the circulation of traffic throughout
the Town, having particular regard to the avoidance of congestion
in the streets and the provision of safe and convenient vehicular
and pedestrian traffic movements appropriate to the various uses of
land and buildings throughout the Town.
G.
To provide a guide for public policy and action in
the efficient provision of public facilities and services and for
private enterprise in building development, investment and other economic
activity relating to uses of land and buildings throughout the Town.
H.
To limit development to the availability and anticipated
capacity of public facilities and services.
I.
To prevent the pollution of watercourses and wetlands;
to safeguard the water table; to avoid hazardous conditions and excessive
damage resulting from stormwater runoff and flooding; and to encourage
the appropriate use and sound management of natural resources throughout
the Town.
J.
To preserve the natural beauty of the physiography
of the Town; to protect the Town against unsightly, obtrusive and
obnoxious land uses and operations; to enhance the aesthetic aspect
of the natural and man-made elements of the Town and to ensure appropriate
development with regard to those elements.
A.
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.
Unless the context clearly indicates to the contrary,
words used in the present tense include the future tense; words used
in the singular number include the plural; words used In the plural
number include the singular; the word "herein" means in this chapter;
the word "requirements" means chapter; and the words "this chapter"
shall mean this chapter and the maps included herein as enacted or
subsequently amended.
C.
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, limited liability company, an unincorporated
association, a firm or any other form of entity, contractors, subcontractors
or journeymen; "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
D.
The "Town" is the Town of Ramapo in the County of
Rockland, State of New York; the "Town Board," "Board of Appeals,"
"Planning Board" and "Building Inspector" are respectively the Town
Board, Board of Appeals, Planning Board and Building Inspector of
the Town.
E.
"Article," as a term of reference in this chapter,
refers to this chapter.
F.
"Shall" is always mandatory, except when applied to
public officials, in which event "shall" is directory. "Time requirements"
shall, nevertheless, be considered mandatory.
As used in the chapter, the following terms
shall have the meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to, and customarily in connection
with, the principal building, structure or use and which is located
on the same lot with the principal building, structure or use. Any
accessory building or structure attached to a principal building or
structure is deemed to be part of such principal building or structure
in applying the bulk requirements to such building or structure. No
use shall be considered accessory where such use requires a greater
area of a lot or larger setbacks or yards or for which greater restrictions
than for the principal use on the lot are imposed by this chapter.
A dwelling unit which is incidental and subordinate to a
permitted principal residence use and is located within the principal
dwelling.
[Amended 6-14-2006 by L.L. No. 4-2006]
Age-restricted residential development primarily for active
and independent functioning persons over 55 years of age.
Physically touching or bordering upon or sharing a common
property line or major portion thereof.
Full-time married student attending a postsecondary level
educational institution whether for general or religious instruction.
Housing designated to be used only for adult married students,
faculty, spouses and minor children while the adult student is pursuing
full-time postsecondary education at an educational institution.
A facility for the care and treatment of animals, including
shelters and like facilities, other than animal kennels as defined
herein.
Any building, structure or premises in which animals are
kept, boarded or trained in excess of the size, number or species
limitations prescribed for accessory use of a residence.
A dwelling unit, other than an accessory apartment, that
is located in a multifamily dwelling or in a building that is partially
nonresidential in use.
The measure of land in a horizontal plane, uncorrected or
adjusted for legal encumbrances, surface conditions or slope.
A residential facility providing a special combination of
housing, supportive services, personalized assistance and health care
designed to respond to those persons needing help with the difficulties
and activities of daily living, but who do not require nursing home
care. The facility may provide a central or private kitchen, dining,
recreational and other facilities with separate bedrooms.
The conduct within a fully enclosed building of repairs to
the drive train and chassis of vehicles.
A building or area of land designed exclusively for the cleaning
of motor vehicles whether by machinery line or with hand-operated
cleaning devices. The incidental washing or cleaning of vehicles associated
with other permitted uses shall not be deemed automotive washing facilities
under this chapter.
See "basement" as defined in the NYS Uniform Fire Prevention
and Building Code.
Any habitable space in excess of 100 square feet, other than
a living room, dining room, bathroom, hallway or kitchen.
[Amended 6-14-2006 by L.L. No. 4-2006]
A sign which directs attention to a business, commodity,
service, entertainment or attraction conducted, sold, offered or existing
elsewhere than on the same lot where such sign is displayed or not
for the principal use of such lot.
An area of specified dimension extending between a rear or
side property line or a zoning district line and a required yard.
The buffer shall not be used or otherwise encroached upon by any activities
on the lot so as to provide for adequate separation and protection
from otherwise inharmonious or incompatible uses.
Any structure, or extension thereof or addition thereto,
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 or property.
See "accessory."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The size and shape of buildings and nonbuilding uses, and
the physical relationship of their exterior walls or their location
to lot lines and other buildings or other walls of the same building,
and all open spaces required in connection with a building. Bulk regulations
include regulations dealing with floor-area ratio, lot area, street
frontage, lot width, height, setback, required yards and development
coverage.
That part of a building, structure or nonbuilding use which
does not conform to one or more of the applicable bulk requirements
of this chapter.
Official certification that a building or structure conforms
to this chapter and the New York State Uniform Fire Prevention and
Building Code, as may be amended.
Official certification that a building or structure or part
thereof conforms to the use requirements and other pertinent provisions
of this chapter and may be used in conformity with law.
Any use which differs substantially from the previous use
of a building, structure or nonbuilding use.
A building, structure, lot or land area used as a private
club or social organization with annual membership dues, and not conducted
for profit or gain.
A business enterprise whose principal function is the operation
of facilities for sports and leisure, including but not limited to
swimming, skating, racquet sports, health and fitness and customarily
associated accessory uses.
A committee established by resolution of the Town Board,
whose membership shall consist of specified Town departments, agency
officials and consultants retained by the Town for the purpose of
reviewing and evaluating applications or proposals, advising Town
boards and agencies, and conducting architectural review.
A multipurpose mixed use facility used for recreational,
sporting, social, educational and cultural activities and events,
owned and operated by a public or not-for-profit group, agency or
corporation, open to the public and/or its members, which may contain
any of the following uses: Gymnasium, swimming pool and locker rooms;
dance, aerobics, exercise rooms and/or studios; offices, conference
and meeting rooms, classrooms, arts and craft rooms and multipurpose
room; programs and facilities for early childhood development, adult
day care, adult education and for after-school and/or evening instruction;
senior center, teen center; auditoriums limited to use by the owner
of such facility and other not-for-profit entities; cafeteria, lunchroom,
cafe, snack bar and gift shop incidental to the usage of the facility
with no restaurant or food service establishment catering to the general
or outside public permitted; playgrounds, tennis and basketball courts;
playing fields for team sports, and track and field events; indoor
storage incidental to the operation of the facility.
Pursuant to § 41.34 of the Mental Hygiene Law,
a supportive living facility with four to 14 residents, or a supervised
living facility subject to licensure by the Office of Mental Health
or the Office of Mental Retardation and Developmental Disabilities
which provides a residence for up to 14 mentally disabled persons,
including residential treatment facilities for children and youth.
A building separated on all sides from adjacent open space
or from other buildings by fixed exterior walls or party walls, pierced
only by windows and entrance or exit doors and covered by a permanent
roof.
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Town located outside the limits of any incorporated village, adopted
pursuant to Town Law § 272-a.
A residential development providing a shared living environment
for six or more persons primarily aged 60 or older who are able to
provide for themselves most of their activities of daily living, and
who can maintain a semi-independent life style. Residents will have
separate apartments with private bedrooms and baths, but may share
dining and other living facilities.
A building or area of land where a person, firm or corporation
engaged in the construction business, or a related field, stores building
materials, equipment and supplies used exclusively in his business
as a contractor. Retail or wholesale sale of any contractor's materials
or supplies is prohibited.
A country inn is defined as an estate-type residential structure
which had in the past served as a single-family residence and in which
the following uses are permitted:
[Added 11-25-2013 by L.L. No. 7-2013]
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings. It does not include any such
area with no windows opening upon it, except windows on a stairway.
An "outer court" extends to a street or yard; an "inner court" does
not.
The percentage of the area of a lot covered by buildings,
parking areas, accessory structures and any impervious materials,
including natural impervious areas.
A space between the ceiling of one story and floor of the
next story, or between the ground and the first floor, which usually
contains pipes, ducts, wiring and lighting fixtures and permits access
but is not greater in height than three feet six inches.
Any plot of land, including any buildings or structures thereon,
if any, used for any assembly for recreational purposes on a seasonal
basis, but not including any nursery school unless the bulk requirements
for a day camp are met by said nursery school, nor including any living
quarters except for one one-family residence on the plot.
A facility with an individual and required number of assistants
providing care for seven or more children, depending on age, in accordance
with a strict staff/child ratio, for more than three hours a day but
less than 24 hours a day. Centers may be established as the sole use
in an individual building or as an accessory use in a church, school
or other building and may be run by an individual, association, corporation,
or institution licensed by the New York State Department of Social
Services.
The permissible number of lots or units determined by dividing
the minimum lot area as set forth in § 376-41 by the number
of lots or units allowed by this chapter.
[Added 6-14-2006 by L.L. No. 4-2006]
See "street line, designated."
A building or part of a building containing private or semiprivate
rooms which open to a common hallway, which rooms are sleeping quarters
for administrative staff, faculty or students, along with bathroom,
dining, cooking, laundry, lounge and recreation facilities, as required.
Dormitory rooms shall not contain separate cooking, dining or housekeeping
facilities, except that one dwelling unit with complete housekeeping
facilities may be provided for use of a superintendent or supervising
staff for every 50 dormitory rooms, or major part thereof. No more
than one communal dining room shall be provided in the building or
structure used for dormitory purposes. Single-family, two-family and/or
other multiple residential facilities, other than that described above,
are not to be considered as dormitories. Private rooms may be occupied
by no more than one person and semiprivate rooms by no more than four
persons.
[Amended 1-25-2012 by L.L. No. 1-2012]
See "junkyard."
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, 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.
A house trailer, boarding- or rooming house, convalescent home, dormitory,
fraternity house, hotel, inn, lodging, nursing or other similar home
or other similar structure shall not be deemed to constitute a dwelling
unit.
A group of persons living together as a single nonprofit
housekeeping unit and consisting of either:
A residence wherein child day-care services provided for
three to six children (eight children after school hours) depending
on age, for more than three hours a day in an approved home, licensed
by the New York State Department of Social Services. The applicant
must reside in the dwelling in which the day-care home is located.
A residential facility in which groups of unrelated persons
live, along with one or more adults who serve in a supervisory role.
Such a facility shall not be construed to mean a "community residence
facility" as defined in § 41.34 of the Mental Hygiene Law.
An unroofed barrier or unroofed enclosing structure, including
retaining walls.
A change or adjustment to an approved site development plan,
due to field conditions that will not substantially alter the intent,
layout or design of the approved plan.
An approved preliminary planned unit development plan prepared
at such additional detail and showing information as is required by
the PUD regulations, and the modifications, if any, required by the
legislative body at the time of approval of the preliminary planned
unit development plan, if such preliminary plan has been so approved.
[Added 7-13-2022 by L.L.
No. 5-2022]
The signing of a final plan by a duly authorized officer
of the authorized board or body pursuant to a resolution granting
final approval to the plan or after conditions, if any, specified
in said resolution granting conditional approval of the plan are completed.
Such final approval qualifies the plan for filing in the office of
the Clerk as provided herein.
[Added 7-13-2022 by L.L.
No. 5-2022]
The gross floor area of all buildings on a lot divided by
the area of the lot.
The horizontal distance measured along the full length of
a street line abutting the lot.
A building or other structure or a tract of land used for
the retail servicing of motor vehicles, including the sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories
and replacement items; washing and lubrication services; and the performance
of routine automotive maintenance and repairs. Sale of other retail
products from the premises shall not be deemed to affect the use of
the facility as a gasoline service station.
[Amended 6-14-2006 by L.L. No. 4-2006]
A residence wherein day-care services are provided for up
to 10 children of all ages, including not more than four children
under two years of age or up to 12 children where all such children
are over two years of age. A group family day-care center may also
provide services to two additional children of school age, before
or after school hours, licensed by the New York State Department of
Social Services. The applicant must reside in the dwelling in which
the group family day-care center is located.
The vertical distance from the average elevation of the proposed
finished grade along the wall of a building (or adjacent to the side
of a nonbuilding use) to the highest point of the roof for flat roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs of such building (or nonbuilding uses), except as specifically
exempted in § 376-60.
An accessory use of a personal service character customarily
conducted entirely within a residence, by the residents thereof, which
use is incidental and secondary to the use of the residence for dwelling
purposes, does not change the character thereof, does not have any
exterior evidence of such accessory use other than a permitted announcement
sign, does not involve, except as otherwise permitted in residence
districts, the parking, storage or standing of any commercial vehicles
or construction equipment or the outdoor storage of materials and
which does not involve the keeping of a stock-in-trade or the sale
of any goods or the use of any chemical, mechanical or electrical
equipment which is not customary household appliance or light office
equipment. Said activity shall not occupy more than 1/2 of the ground
floor area of the residence or its equivalent elsewhere in the residence
if so used. No person, other than the residents engaged in such activity,
may be employed by them in connection with said activity. The conducting
of a clinic, hospital, barbershop, beauty parlor, photographer's salon,
tearoom, tourist home, animal hospital, boarding or breeding kennel,
convalescent home, funeral home, stores of any kind or any similar
use shall not be a home occupation.
An accessory office or area of a person located within a
person's residence devoted to a professional service occupation, in
which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge. Said office activity shall be incidental
and secondary to the use of the residence for dwelling purpose, shall
not change the character thereof and shall not have any evidence of
such accessory use other than a permitted announcement sign. Said
activity shall not occupy more than 1/2 of the ground floor area of
the residence or its equivalent elsewhere in the residence if so used.
In said activity, no more than two persons, including members of the
family residing on the premises, shall be employed. Permissible home
professional office uses include, but are not limited to, the following:
clergymen, lawyers, physicians, dentists, architects, engineers or
accountants.
A building which has transient living and sleeping accommodations
for rent for 10 or more persons, provides amenities such as maid service,
linen service and dining service, and which is open for year-round
occupancy.
[Amended 9-8-2014 by L.L. No. 8-2014]
A hotel located within the Neighborhood Business, Multifamily,
or Community Business areas identified in the Monsey Area Plan contained
in the Draft Generic Environmental Impact Statement prepared in connection
with the Town of Ramapo Comprehensive Plan dated January 2004.
[Added 9-8-2014 by L.L. No. 8-2014]
A hotel that is not a downtown hotel.
[Added 9-8-2014 by L.L. No. 8-2014]
LOCALA building used exclusively for the conduct of organized religious services with the occupancy of the sanctuary space not to exceed 100 persons. Residence by an officiating clergyman in the building is permitted as an accessory use. No school or outside catering is permitted.
COMMUNITYA building used exclusively for the conduct of organized religious services with the occupancy of the sanctuary space exceeding 100 persons. Residence by an officiating clergyman is permitted as an accessory use. No school is permitted. Outside catering is permitted upon receipt of a special permit for such use.
See "road, industrial service."
A mixed-use development, consisting of residential and nonresidential
uses, such as offices, media production facilities, or similar uses,
allowed in a mixed-use zoning district, that is planned and designed
to create a campus-like institutional setting which incorporates all
necessary infrastructure, located on one or more adjacent tax lots
under common ownership, controlled and managed by a central entity,
and operated to provide live/work opportunities for residents of the
development.
[Added 11-9-2022 by L.L. No. 7-2022]
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 material or used building materials, house furnishings, machinery,
vehicles or parts thereof, with or without the dismantling, processing,
salvage or sale of other use or disposition of the same. A deposit
or the storage on a plot of two or more unregistered, wrecked or broken-down
vehicles or parts of two or more such vehicles for one week or more
in a residential district, or for three weeks or more in any other
district, shall be deemed to be a "junkyard."
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 display
of any material or products.
Any act, play, show, revue, pantomime, scene, song, dance
act, or song and dance act, participated in by one or more employees,
guests, customers or any other person or persons, including the playing
of records, tapes, CDs, DVDs or other recorded music or sounds.
Establishments that deal in the retail sales of convenience
goods (food, drugs and sundries) and such personal services as laundry
and dry cleaning, hair styling and shoe repair. The maximum permitted
aggregate gross floor area on any site shall not exceed 100,000 square
feet. The floor area of any single store shall not exceed 8,000 square
feet, except that food stores or combined sales stores may not exceed
45,000 square feet. Other commercial uses of any kind elsewhere specified
in this chapter shall not be deemed "local convenience commercial."
Establishments that include art studios, banks, offices of
salesmen, attorneys, dentists, sales representatives, architects,
brokers, physicians, engineers, insurance agents, real estate agents,
land surveyors, musicians, antique shops, barbershops, funeral chapels
or other activity found by the Planning Board to be related to the
services of the neighborhood residents or of a character consistent
in scale, intensity of activities and traffic generation (including
traffic from outside the immediate neighborhood) with local convenience
commercial activities. Other uses of any kind elsewhere specified
in this chapter shall not be deemed "local office - business."
A designated parcel, tract or area of land established by
plot, subdivision or as otherwise permitted by this chapter to be
used, developed or built upon as a unit.
The total horizontal area included within the property lines
of a lot, except that for any minimum lot area specified in this chapter,
the area shall be adjusted as set forth in § 376-42A.
A lot at the junction of, or abutting on, two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
Any boundary of a lot other than a street line.
The lot line which abuts or runs along the designated street
line. In the case of a lot situated to the rear of another lot, its
front lot line shall be the rear lot line of the front lot for purposes
of measuring the front setback and lot width.
The lot line generally opposite the street line. If the rear
lot line is less than 10 feet in length or if the lot comes to a point
in the rear, the rear lot line shall be deemed to be a line parallel
to the front lot line not less than 10 feet long lying farthest from
the front lot line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front setback requirement.
A facility providing for ritual baths.
A mikvah intended for community-wide use, with patrons either
walking or driving to the facility.
A mikvah intended for use by patrons generally living within
a half-mile radius of the mikvah, with patrons primarily walking to
the facility; said use shall be limited to no more than one pool
A freestanding pole having a single point.
[Added 6-14-2006 by L.L. No. 4-2006]
A building containing three or more dwelling units.[1]
A portion of a multifamily dwelling used exclusively for
the conduct of organized religious services. No school or outside
catering is permitted. At least 75% of the membership must live within
a 3/4 mile radius of the house of worship. The bulk requirements shall
be the use group for the multifamily dwelling in which the house of
worship is located. No more than one house of worship per tax lot
will be permitted.
[Added 1-30-2019 by L.L.
No. 3-2019]
An eating establishment, other than a drive-in restaurant,
providing regular table service within a fully enclosed building.
A neighborhood restaurant shall not have live entertainment.
Electromagnetic radiation ranging from extremely low frequency
(ELF) to ultraviolet (UV) comprises nonionizing radiation. Nonionizing
radiation includes the spectrum of ultraviolet (UV), visible light,
infrared (IR), microwave (MW), radio frequency (RF), and extremely
low frequency (ELF).
[Added 6-14-2006 by L.L. No. 4-2006]
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure, which does
not comply with the bulk requirements of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
Any use of a building or structure, lot or land, or part
thereof, lawfully existing at the effective date of this chapter or
any amendments thereto affecting such use, which does not conform
to the use requirements of this chapter for the district in which
it is located.
Any private school accredited by the Education Department
of the State of New York, designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
operated at least five days per week and seven months per year. No
nursery school shall be operated during the months of July and August
unless it meets with the requirements of a day camp as specified in
this chapter, except for any school operated with a number of children
no greater than the average attendance throughout the regular school
year and without use of an outdoor swimming facility or pool.
Establishments that include offices of salesmen, sales representatives,
architects, engineers, physicians, dentists, attorneys, insurance
brokers, real estate brokers and persons with similar occupations.
Other uses of any kind elsewhere specified in this chapter shall not
be deemed "office, professional and business."
The Official Map adopted and established by the Town Board
and pursuant to Town Law § 270 of that part of the Town
outside of the limits of any incorporated village, showing the streets,
highways, parks and drainage systems laid out on such map, including
any references to more detailed maps and studies. The Official Map
is final and conclusive with respect to the location and width of
streets, highways, drainage systems and parks shown thereon; and the
Official Map is established to conserve and protect the public health,
safety and general welfare.
A portion of a development site that is permanently set aside
and will not be developed with buildings, structures, roads or driveways,
provided, however, that open space may be used for passive recreation,
including gardens, landscaped areas, trails and parking for trailheads,
which may include paved areas to provide accessibility, and accessory
appurtenances to passive recreational uses such as trash receptacles,
interpretive and directional signage, picnic tables, and benches.
[Added 11-9-2022 by L.L. No. 7-2022]
A permit is required to conduct activities or to use a category
of buildings as set forth in 19 NYCRR 1203.3(g) as may be amended.
[Added 11-10-2016 by L.L.
No. 4-2016]
An order to remedy any condition found to exist in, on, or
about any building in violation of the New York State Uniform Fire
Prevention and Building Code and the provisions of this chapter.
[Added 11-10-2016 by L.L.
No. 4-2016]
Includes all vested or contingent interests of any person
or his agent, representative, successor or assignee and irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her
spouse, child, parent, sibling or spouse of sibling, heir or next
of kin, agent, corporation, firm, entity, partnership or unincorporated
association.
Ownership of property by different corporations,
firms, partnerships, entities or unincorporated associations, in which
such a person is a stockholder, a partner or associate, or his or
her spouse, child, parent, sibling or spouse of sibling, heir or next
of kin or owns an interest of 10% or greater in each corporation,
firm, partnership, entity or unincorporated association.
When such person or his estate, successors or assigns, or any person or entity included in Subsections A and B herein, may be materially or substantively affected by the relief sought or by any determination in any proceeding sought before any board, body, commission or agency of the Town of Ramapo, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
Lot or part thereof used for the storage of motor vehicles,
which contains space rented to the general public by the hour, day,
week, month or year.
See § 376-4C.
An area developed according to plan as a single entity and
containing one or more structures to accommodate nonresidential uses
and appurtenant parking areas and other uses incidental to the predominant
uses.
A site upon which residential, commercial, office, retail,
or other land uses, or any combination thereof may be authorized in
a flexible manner so as to achieve the goals of the Town Comprehensive
Plan.
[Added 7-13-2022 by L.L.
No. 5-2022]
Town of Ramapo Planning Board.
[Added 7-13-2022 by L.L.
No. 5-2022]
An independent, freestanding zoning district, wherein the
zoning regulations need not be uniform for each class or type of land
use, but where the use of land shall be in accordance with a preliminary
planned unit development plan approved by the Town of Ramapo Town
Board.
[Added 7-13-2022 by L.L.
No. 5-2022]
A proposal for a planned unit development showing the layout
of the proposed project, including, but not limited to, maps, plans,
or drawings relating to proposed land uses, approximate location and
dimensions of buildings, all proposed facilities, including preliminary
plans and profiles, at suitable scale and in such detail as is required
by these PUD regulations; architectural features, lot sizes, setbacks,
height limits, buffers, screening, open space areas, lighting, signage,
landscaping, parking and loading, traffic circulation, protection
of natural resources, public or private amenities, adjacent land uses
and physical features, and such other elements as may be required
by these PUD regulations.
[Added 7-13-2022 by L.L.
No. 5-2022]
The approval with conditions, if any, of the layout of a
proposed planned unit development as set forth in a preliminary PUD
plan and the simultaneous amendment of the zoning local law or ordinance
by the legislative body to create and map a planned unit development
district encompassing the plan, subject to the approval of the plan
in final form pursuant to the provisions of this chapter.
[Added 7-13-2022 by L.L.
No. 5-2022]
The primary or predominant use for which a lot or building
is used.
An RR-160, RR-80, RR-50, R-40, R-40A, R-35, R-25, R-15, R-15A,
R-15C, R-15MR, MR-16, MR-12, MR-8 or RSH District in the Town of Ramapo,
or a corresponding district in an adjoining municipality.
A building or part thereof designated, used or occupied for
one or more dwelling units, but not including hotel, motel, or trailer.
A building which is designed, used or occupied for residential
purposes for three or more dwelling units.
A building designed, used or occupied for residential purposes
for one dwelling unit only.
A one-family residence which is separated from other buildings
by open space.
A building or structure which comprises one dwelling unit
for one family and which is attached or connected to another dwelling
unit for one family at their common property line by means of a party
wall, the length of which represents at least 50% of the total sidewall
length of which the party wall is a part, and which is separated from
any other building or structure by open space on the side lot line
opposite the party wall and by open space on the front and rear lot
lines. Each dwelling unit must be on its own lot. No certificate of
occupancy shall be issued for a "one-family semiattached residence"
until such time as the Building Inspector finds the other dwelling
unit to be substantially complete.
A building which is designated, used or occupied for residential
purposes for three dwelling units.
[Added 6-14-2006 by L.L. No. 4-2006]
A building or structure which comprises three dwelling units
for three families and which is attached or connected to another dwelling
unit for three families at their common property line by means of
a party wall, the length of which represents at least 50% of the total
side wall length of which the party wall is a part, and which is separated
from any other building or structure by open space on the side lot
line opposite the party wall and by open space on the front and rear
lot lines. Each three-family dwelling must be on its own lot. No certificate
of occupancy shall be issued for a three-family semiattached residence
until such time as the Building Inspector finds the other dwelling
units to be substantially complete.
[Added 6-14-2006 by L.L. No. 4-2006]
A building which is designed, used or occupied for residential
purposes for two dwelling units.
A building or structure which comprises two dwelling units
for two families and which is attached or connected to another dwelling
unit for two families at their common property line by means of a
party wall, the length of which represents at least 50% of the total
side wall length of which the party wall is a part, and which is separated
from any other building or structure by open space on the side lot
line opposite the party wall and by open space on the front and rear
lot lines. Each two-family dwelling must be on its own lot. No certificate
of occupancy shall be issued for a two-family semiattached residence
until such time as the Building Inspector finds the other dwelling
units to be substantially complete.
[Added 6-14-2006 by L.L. No. 4-2006]
Any establishment, however designated, at which food and
beverages are sold for consumption on the premises, whether in a building
or elsewhere on the property.
Any restaurant, refreshment stand, snack bar, daily bar,
hamburger stand or hot dog stand where food is served primarily for
consumption at counters, stools, tables or bars outside the building
or primarily for consumption in an automobile parked on the premises,
whether such food is brought to said automobile by the customer or
by employees of the restaurant, regardless of whether or not additional
seats or other accommodations are provided for customers inside the
building. Any drive-through restaurant shall be considered a "drive-in
restaurant."
See "neighborhood restaurant."
A designated area where restrictions on the location of buildings
or structures are required to protect important viewsheds or minimize
visual impacts on public viewpoints from roads, parks, or other public
areas.
[Added 11-9-2022 by L.L. No. 7-2022]
Any street which serves to carry traffic from local residential
streets to secondary streets.
A public street or right-of-way providing access to a planned
office and/or industrial building development of at least 10 acres
in a PI or LO District, subject to the requirements of § 376-52E.
Any street which serves primarily as an access to abutting
residential properties.
Any street which is used primarily as a route for traffic
between communities or large areas.
Any street which serves to carry traffic from collector streets
to a system of major streets.
A site for the disposal of solid waste.
Any public or private elementary or middle school, junior
high school, high school, college, university or postgraduate school
offering courses in general instruction at least five days per week
and seven months per year.
Any public or private elementary, middle school, junior high
school, high school or college offering courses in religious instruction
at least five days per week and seven months per year.
Any nonpublic school conducting a regularly scheduled curriculum
of specialized or vocational study.
A strip at least 10 feet wide, densely planted
(or having equivalent natural growth) with shrubs or trees at least
four feet high, at the time of planting, of a type that will form
a year-round dense screen at least six feet high within three years;
An opaque wall or barrier or uniformly painted
fence at least six feet high; or
Any other islands, barriers, emplacements, walls,
fences, trees, plantings, shrubbery or other artificial or natural
dividing strip or marker of any kind, wherever located on the site,
conditioned or required in any building permit, certificate of occupancy,
site development plan, subdivision approval, special permit, variance,
zone change or other requirement of any board, agency, commission
or official of the Town of Ramapo pursuant to this chapter.[2]
A dwelling unit previously approved as an accessory apartment
or a new dwelling unit that meets the requirements for an accessory
apartment in an R-15A or R-15C Zoning District which is eligible for
issuance of a separate certificate of occupancy upon compliance with
the requirements of § 376-68.
[Added 1-25-2012 by L.L. No. 1-2012]
The minimum distance between a principal building, structure
or use and a property line of the lot or, where a buffer is required,
between the principal building, structure or use and any part of the
buffer. (See Sketches B and C found at the end of this chapter.)
The distance from the building or use to the front lot line.
The distance from the building or use to the rear lot line.
The distance from the building or use to any lot line other
than to the front or rear lot lines.
A structure or structures and customary parking and loading
areas providing for a variety of retail commercial establishments
managed as a unit and having the following characteristics:
A unified architectural treatment and identifiable
theme relating each of the commercial establishments within.
A common interrelated parking and site circulation
system with consolidated access to public roads.
Individual establishments oriented to pedestrian
traffic by access signs and display, which are not generally visible
or only incidentally visible to the parking areas.
Common amenities provided to patrons apart from
the commercial establishments, such as benches, site decoration and
landscaping, rest rooms and the like.
Common spaces which are available for public
assemblage, special events and local notices.
Any surface or device containing a sign display, the purpose
of which is to bring the subject thereof to the attention of the public
through the communication of a visual message.
Any exterior sign which contains a sign display that attempts
to solicit business through the inclusion of information which is
not pertinent to the identification of a particular establishment
and its location. Such information includes, but is not limited to,
hours of operation, detailed description of merchandise offered for
sale, lease or rent; sales and marketing policies, including prices;
and promotional slogans.
Any sign used to announce the use of the lot or direction
or location of buildings and structures on the lot for an office,
home occupation, religious, charitable or other institutional use.
An announcement sign may be indirectly illuminated.
The area within the shortest line that can be drawn around
the outside perimeter of the face of a sign display, including all
decoration but excluding supports, if any, unless the same are illuminated
as illumination is defined under "sign, illuminated." In computing
total sign area, the area of the faces of all sign displays shall
be counted, and any neon tube, string of incandescent lights or similar
device shall be considered as having a minimum dimension of three
inches.
A sign containing the name of the establishment and information
on the business conducted therewith, but specifically excluding phrases
directing an action (i.e., stop, buy, eat).
A sign or number of signs containing the name and type of
a business, constructed of compatible materials and design.
A display or legend, including but not limited to letters,
words, logos and insignia which are used as or presented as an announcement
or identification.
Any illuminated signs on which the artificial light is not
maintained stationary and constant in intensity and color at all times
when in use.
A sign used to identify the name of a permitted institution
or establishment which is the principal use upon the lot.
A sign on which artificial light is directed or which is
constructed of translucent materials through which light is directed.
A sign on which the illuminating source is visible to the public way
or any property line, except for signs constructed from neon-type
tube, is not a permitted sign in any district.
A plan depicting the size, location, materials and content
of a sign, which plan shall be the sole permitted display for any
sign subject to the site development plan rules and regulations.
For a permitted shopping center, a sign containing the name
of the shopping center and the names of tenants, each of which comprises
more than 1/3 of the total floor space of the center but no other
business, and for which no other business signs are visible on the
same frontage.
The area of a building wall (not exceeding 20 feet above
ground level in NS Districts and 30 feet in all other districts) measured
in the plane of the street frontage, including windows and doors.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
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.
Each 10 feet or fraction thereof of height shall be deemed a story
in absence of finished floors.
A street, which is one of the following: an existing town,
village, county or state highway or road; a public road shown on a
filed subdivision plat; or a street shown on the Official Map of the
Town.
A line, equidistant from each street line of a street or,
if no street line is established, the center line of the existing
pavement or, if the street is unpaved, the center line of the existing
traveled way.
See "frontage."
The right-of-way line of a street.
The line established by the Official Map as the street right-of-way,
whether or not in public ownership.
A combination of materials constructed, assembled or erected
on, above or below the ground or attached to something having location
on, above or below the ground, including but not limited to buildings,
fences, tanks, towers and swimming pools.
A recreational club with swimming facilities operated for
members and their guests, whether or not operated for profit.
IN-GROUND POOLAn artificial pool or structure intended for wading, bathing or swimming purposes made of concrete, masonry, metal or other impervious material and which is an accessory use to a residence and for the exclusive use of the occupants of the residence and their guests.
ABOVEGROUND POOLAn artificial pool or structure which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to the pool and which is an accessory use to a residence for the exclusive use of the occupants of the residence and their guests.
A dwelling unit sharing a common side or rear wall or walls
with another dwelling unit, but occupying the entire volume within
its portion of the building from the lowest level to the roof and
having its own separate entrance or entrances to the outside.
A vehicle, including but not limited to a mobile home, which
can be used as habitation for one or more persons or for business,
commercial or office purposes. The term "trailer" shall include such
vehicles mounted on temporary or permanent foundations with the wheels
removed.
Land is underwater where it is so shown on the United States
Geological Survey (USGS) Map of the Town or where it is within the
channel lines of a classified stream as shown on the Rockland County
Drainage Agency Official Map. In addition, soils classified as "muck
soils" by the United States Soil Conservation Service based on field
investigations shall be deemed land "underwater."
The specific purpose for which land or a building is used
or occupied or maintained.
A use customarily incidental and subordinate to the primary
use on a lot, whether such accessory use is conducted in a principal
or accessory building or on the lot.
See "nonconforming use."
A motorized means of transporting or carrying something.
See "animal hospital."
The provision of wireless communication services, including
those more commonly referred to as "cellular telephones," which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless service" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(c) or as hereafter amended.
[Added 6-14-2006 by L.L. No. 4-2006]
Any equipment used in connection with the commercial operation
of wireless communication services, as defined herein and as the term
"personal wireless services facility" is defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. § 332(c)(7)(c) or as hereafter amended, to transmit
and/or receive frequencies, including but not limited to antennas,
monopoles, equipment, appurtenances and structures.
[Added 6-14-2006 by L.L. No. 4-2006]
Open and unobstructed ground area of the plot, extending
inward from a lot line the distance specified in the requirements
for the district in which the lot is located. Where a buffer is required,
the buffer shall be deemed to commence at the lot line and the yard
requirement shall be deemed to commence from the interior line of
the buffer. (See Sketches B and C.[3])
A required yard extending along the full length of the front
lot line between the side lot lines.
A required yard situated along the rear lot line and extending
the full width of the lot to the side lines of the lot.
A required yard extending along a side lot line from the
required front yard (or from the front lot line if there is no required
front yard) to the required rear yard (or to the rear lot line if
there is no required rear yard).
[1]
Editor's Note: The definition of "neighborhood
place of worship" which immediately followed this definition was repealed
6-14-2006 by L.L. No. 4-2006.
[2]
Editor's Note: The definition of "senior citizen
housing development" which immediately followed this definition was
repealed 6-14-2006 by L.L. No. 4-2006.
[3]
Editor's Note: Said sketches are included
at the end of this chapter.
