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; any words of gender shall mean both genders;
the word "herein" means "in this chapter"; the word "requirements"
means "local law"; and the words "this chapter" shall include the
maps enacted in conjunction with this chapter and 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, an unincorporated association, a firm
or any other entity, contractors 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 "Village" is the Village of Valley Stream in the
County of Nassau, State of New York; the "Village Board," "Superintendent"
and "State Building Code" are respectively the Board of Trustees,
Superintendent of Public Works or his designated agent and the New
York State Fire Prevention and Building Code.
E.
"Article," as a term of reference in this chapter
refers to various articles contained in 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.
[Amended 1-14-2013 by L.L. No. 1-2013; 12-19-2022 by L.L. No. 5-2022]
As used in this chapter, the following terms shall have the
meanings as 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. 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 building, structure
or use shall be considered accessory where such building, structure
or use requires a greater area of a lot or for which greater restrictions
apply than for the principal building, structure or use on the lot
area imposed by this chapter.
Any sign related to a business, service or profession conducted
upon the premises where such sign is located.
A sidewalk or pathway affixed to the land, not more than
two inches in height measured from grade level, and not more than
48 inches in width.
A residential lot located entirely within R-1 and/or R-2, RA
or CX Districts, which, by documentary evidence acceptable to the
Village or its designated employee, is shown to be prior to and continuously
since October 11, 1952, in single, separate and distinct ownership
from all abutting land and which has a minimum lot width of 40 feet
and a minimum lot area of 4,000 square feet.
Such lot may be used for a single-family detached dwelling,
provided that such use shall comply with all other regulations except
frontage and lot area for the district in which such lot is located.
Physically touching or bordering upon or sharing a major
portion of a common property line.
A facility for the care and treatment of animals by licensed
doctors of veterinary medicine. This does not include animal kennels,
shelters and/or similar facilities.
A dwelling unit generally located above commercial or retail
uses. The structures which are commonly known as "apartment houses"
are now defined as "multiple-family dwellings."
The measure of land in a horizontal plane, uncorrected or
adjusted for legal encumbrances, surface conditions or slope.
That portion of a building immediately below the roof and
wholly or partly within the roof framing, between the roof and the
net finished floor or floor/ceiling beams below.
See "car and van wash."
An area or facility where two or more motor vehicles in operating
condition are offered or displayed for sale, lease or rental.
A nonpermanent roof-like structure, regardless of materials
or composition projecting from and supported by a building.
A platform projecting from and attached at least to one wall
of a building, above the first floor level enclosed on all unattached
sides by guard rails or other low walls and not accessible by any
staircase.
That portion of a building which is partly underground, but
which has at least 50% of its interior height, measured from floor
to ceiling at the front of the building, above the average finished
grade of the ground adjoining the building.
A habitable space within a dwelling or dwelling unit, primarily
used as sleeping quarters, in excess of 80 square feet, other than
dining room, bathroom, hallway, kitchen or cellar.
A sign which directs attention to a business, commodity,
service, entertainment or attraction, which is generally conducted,
sold, offered or existing elsewhere than on the same lot where such
sign is displayed.
That property abutting on one side of a street and lying
between the two nearest intersecting or intercepting streets or nearest
intersecting or intercepting street and railroad right-of-way, park
or boundary.
Any family member of the following group: parent, child,
grandparent or grandchild.
A person, unrelated to the owner or tenant of a premises,
occupying, on a transient basis, at least a single room in a dwelling
without individual kitchen facilities.
See "screen or screening."
Any completed permanent 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.
The aggregate of the maximum horizontal area of the building
and accessory buildings on a lot.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
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 and the Building Code.
A roof-like cover, regardless of materials or composition,
projecting from a building (but not supported by the building), totally
supported vertically by means of pillars, poles, columns or posts,
and is to be construed as a permanent structure.
A projecting beam or member, supported on at least one end
and which supports a usable living area (floor, balcony, terrace,
etc.), whether open or closed.
A facility used primarily for washing cars and small vans.
An open-sided roofed automobile shelter generally attached
to the side of a building.
That portion of a building which is partly (or wholly) underground
but which has less than 50% of its interior height, measured from
floor to ceiling, at its front or entrance above the average finished
grade of the ground adjoining the building.
Official certification that a building or structure or part
thereof or an open nonbuilding use conforms to the use requirements
and other pertinent provisions of this chapter and may be used in
conformity with law.
Official certification that a building or structure conforms
to this chapter and the New York State Fire Prevention and Building
Code and may be occupied.
Any use which differs substantially or categorically from
the previous use of a building, structure or nonbuilding use.
A building, completed structure, lot or land area, authorized
by law to be used for the benefit or operation of a private or public
organization, which shall be deemed to include community centers,
fraternal organizations, meeting halls, service organizations and
philanthropic and charitable organizations.
Any motor vehicle registered or defined as a commercial vehicle
or livery vehicle by the Department of Motor Vehicles of New York
State or County of Nassau and/or used in a trade or business.
See "trade storage yard."
An opened or unroofed enclosure adjacent to or attached to
a building; more specifically, a service area adjoining a multiple-family
dwelling, hotel or commercial structure that may be used to supply
required light and ventilation as required by code.
The area of the lot covered by a building or buildings.
A place in the road where the actual curb exists or is intended
to exist.
Any room, hall, building or portion of a building in which
dancing is the principal use and to which the public may gain admission
with or without payment of a fee.
A platform projecting from and generally attached to a building
or other structure and to the ground below not less than eight inches
in height measured from the ground to the top of the platform and
which may be protected on all unattached sides by guard rails or other
low walls.
See "street line."
An electromagnetic device which can convert an electromagnetic
wave transmitted from a satellite into either visual or audible signals,
or both, for television viewing.
In the following list, each district and the uses it allows
shall be deemed to be more restrictive than the districts following
it and each district and the uses it allows shall be deemed to be
less restrictive than the districts preceding it: PK, P, SC, R-2,
R-1, R-A, CX, C-1, C-2, C-3.
A paved area or hardened surface leading from a public road
to a garage or legal parking space.
A covering attached to a building which may be retractable,
used to protect pedestrians or outdoor areas from the elements.
A heavy metal container with a cover having a capacity of
nine cubic feet or more, with or without wheels, used to contain nontoxic
waste temporarily while awaiting pickup or transport to disposal site.
A building containing one or more dwelling units which is
designed, used or occupied for residential purposes.
A group of two or more single-family, two-family or multiple-family
dwellings occupying a lot in one ownership, having any yard in common.
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 habitable
space (other than vestibules, entrances or other hallways or porches)
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 or units.
A detached dwelling containing one dwelling unit, located
on its own lot, which is separated from other dwellings by open space.
A dwelling which comprises one dwelling unit for one family
which is attached or connected on each side to another dwelling unit
for one family at the common property lines by means of a party wall,
with each dwelling unit on its own lot.
A dwelling unit which comprises one dwelling unit for one
family and which is attached or connected to another dwelling unit
for one family at the common property line by means of a party wall
and which is separated from any other dwelling by open space on the
side lot line opposite the party wall and by open space on the front
and rear lot lines with each dwelling unit on its own lot.
A detached dwelling containing two dwelling units, located
on its own lot, which is separated from other dwellings by open space.
A dwelling which comprises two dwelling units, each for one
family and which is attached or connected on each side to another
dwelling which comprises two dwelling units, each for one family,
at the common property lines by means of a party wall, with each two-family
dwelling on its own lot.
A dwelling which comprises two dwelling units and which is
attached or connected to another dwelling which comprises two dwelling
units, each for one family, at the common property line, by means
of a party wall and which is separated from any other dwelling 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.
Whenever reference is made in terms or substance to the "effective
date of this chapter," it shall mean September 9, 1990.
Any act, play, show, review, pantomime, scene, song or dance,
participated in by one or more employees, guests, customers or any
other person or persons. Cabaret- type entertainment shall include
the playing of records or tapes in conjunction with the foregoing.
The sole playing of background music, jukeboxes, piano or recorded
music does not constitute cabaret-type entertainment.
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, exclusive
of household servants, or a number of persons, but not exceeding two,
living and cooking together as a single housekeeping unit, though
not related by blood, adoption or marriage, shall be deemed to constitute
a "family."
A barrier utilized for confinement, protection, separation
or aesthetics. This definition does not include retaining walls, building
walls or structural walls or cultivated or natural growth of shrubs
and trees.
A fence being less than 1/2 solid per square foot.
A fence being more than 1/2 solid per square foot.
A change or adjustment to an approved site development plan,
due to an undiscovered physical site condition or other previously
unknown condition, that will not substantially alter the intent, layout
or design of the approved plan.
Regulations set forth in the Building Code requiring the
use of fireproof or non-fireproof-type construction.
This ratio expresses the relationship between the amount
of habitable floor area permitted in a building and the area of the
lot on which the building stands. The size (or bulk) of a building
on a lot is determined by such floor area ratio assigned by this chapter
to each CX or R District. It is intended to control the volume (cubic)
of a main dwelling.
A premises or portion thereof, used or intended to be used
for the operation of more than three vending machines for amusement
purposes accessory to a permitted principal use of the premises.
A premises or portion thereof, used or intended to be used
for the operation of not more than three vending machines for amusement
purposes accessory to a permitted principal use of the premises.
An enclosed building or structure or part thereof intended
for the storage or parking of vehicles.
An enclosed building or structure or part thereof, used solely
for the parking and storage of commercial vehicles.
An enclosed or partly enclosed building or structure, including
a carport, detached or attached to the main building, designed or
intended to be used as an accessory use for the parking and storage
of noncommercial motor vehicles and with a height not exceeding 15
feet.
A building or part thereof, other than a private garage or
commercial storage garage, used for the storage and/or repair of motor
vehicles for a fixed fee or charge or where any such vehicles are
kept for hire.
See "motor vehicle maintenance and repair facility."
The sum of the gross horizontal area of every floor of a building,
measured from the exterior faces of exterior walls or from the center
line of party walls separating the two buildings, including:
Basement space.
Attic space, whether or not a floor has been laid, with a permanent
built-in stairway for which the available height is six feet eight
inches or more measured from the finished floor level to the roofline
above, except that such attic space under a sloping ceiling shall
include the height which is not less than four feet above the finished
floor level to a height of six feet eight inches or more above the
finished floor level.
Attached roofed porches/decks, breezeways and garages.
Cellar space with more than six feet, eight inches in height
as measured from the finished floor level to the finished ceiling
surface above.
Gross floor area shall be deemed to exclude exterior terraces,
unroofed porches/decks and crawl spaces.
In the case of commercial structures, regardless of the internal
arrangement of said commercial structure or building, it shall be
deemed to have at least one floor for each 15 feet of height or major
fraction thereof, but shall not include interior loading berths.
The gross aggregate area of all floors having a finished
ceiling height of not less than seven feet measured from the finished
floor to the finished ceiling surface, excluding cellars and rooms
for heating equipment, garages, breezeways and unroofed porches. Habitable
floor area under a sloping ceiling shall include such floor area for
which the headroom is not less than five feet above the finished floor
surface and then only if at least 50% of such floor area has a ceiling
height of not less than seven feet and only if such floor that is
located above another floor has access to the floor below by a permanent
built-in staircase. This term and definition shall be limited solely
to the purpose of computing minimum bulk requirements for residential
uses and shall not be demanded to contradict or replace the terms
"habitable space" or "uninhabitable space" as defined in the Building
Code.
The vertical distance measured from the average level of
the established center-line grade of the street adjacent to the building
lot measured at the front of the building to the highest level of
a flat or mansard roof or to the average height of a pitched, gable,
hip or gambrel roof.
The vertical distance measured from the average grade of
the lot on which the structure is located to the highest point of
the structure.
An accessory use of a personal-service character conducted
entirely within the primary building of a dwelling, by the owner-resident
thereof, which is incidental and secondary to the residential use
of the dwelling, does not change the character thereof, and does not
have any exterior evidence of such accessory use other than a permitted
announcement sign. A home occupation does not include the outside
storage of any commercial vehicles, construction equipment or materials.
A home occupation does not include a kennel, barbershop, beauty parlor,
pet groomer or boarding, photographer's home, funeral home or retail
stores of any kind. A home occupation shall be limited to the lesser
of 15% of the habitable floor area of the principal building or 750
square feet.
Permissible home professional office uses include, but are
not limited to, the following: clergymen, lawyers, physicians, dentists,
architects, engineers and accountants. A home professional office
area is limited to the lesser of 15% of the habitable floor area of
the principal building or 750 square feet.
A facility existing solely for treatment and care of chronic
and/or terminally ill patients.
A facility for the treatment and care of human ailments.
A building or part of building in which:
Living or sleeping accommodations are used primarily for transient
occupancy and may be rented on a daily basis.
One common entrance serves all such living or sleeping units.
Twenty-four-hour desk service is provided, in addition to one
or more of the following services: maid, telephone or bellboy service
or the furnishing or laundering of linens.
Permitted accessory uses include, but are not limited to, restaurants
or other public dining facilities, bars or lounges, banquet halls,
ballrooms, convention areas and meeting rooms. Such non-sleeping accessory
uses will require certificates of occupancy separate from the hotel
use certificate of occupancy.
No kitchen facilities (as defined herein) shall be permitted
in any of the transient occupancy units.
An area of land with or without buildings used for or occupied
by the deposit, collection or storage of abandoned used or discarded
refuse, material, house furnishings, machinery, vehicles or parts
thereof, with or without the dismantling, processing, salvage or sale
or other use or disposition of the same.
The deposit or storage on a lot of two or more unregistered,
wrecked or broken-down vehicles or parts of two or more such vehicles
for one week or more in any district shall be deemed to be a junkyard.
A place where dogs are bred or boarded for periods of more
than two days, except for purposes relating to veterinary care.
A room or area within a dwelling unit which contains one
or more of the following cooking facilities: a conventional stove,
oven, broiler, cooktop, range or combination thereof; a microwave
oven, convection oven, hot plate, barbecue or any other permanent
or portable cooking appliance.
A facility wherein the principle use involves the experimentation,
study, applied research, analysis, testing, design, production or
development of substances, materials, products or scientific principles.
Any such facilities which involve the use of highly hazardous, biological
or chemical substances, drugs, explosives or any other materials which
may be injurious to the health, safety and welfare of the community
shall be prohibited in all districts in the Village.
See "manufacturing, light."
Any nonintermittent source of light, string or group of lights
located or arranged to cast illumination on a sign, structure, lot
area or which is used to attract the attention of the public to the
premises.
See "entertainment, cabaret-type."
Any off-street space designated 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, alley or parking area
except that where one 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 portion or plot of land which is separate and distinct
as to ownership from any abutting land.
The total horizontal area included within lot lines.
The mean horizontal distance between the front and rear lot
lines, measured completely within the lot and in the general direction
of the side lot lines or perpendicular to the front lot line.
The narrower boundary line of a lot abutting a street, regardless
of the location of the principal entrance of a building thereon, measured
completely within the lot along the shortest straight line and abutting
the front lot line at one or more points. Curvilinear or irregular
front lot lines shall not be measured along the arc or irregular front
lot line.
Any boundary line of a lot.
The lot line which abuts or runs along the street line. In
the case of a lot situated to the rear of another lot and which has
no lot line abutting a street, its front lot line shall be the rear
lot line of the front lot for purposes of measuring the front setback.
The lot line generally opposite and parallel to the street
line, measured on a straight line completely within the lot. 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
generally parallel to the street line not less than 10 feet long lying
farthest from the front lot line, measured completely within the lot
for the purpose of establishing the rear lot line.
The lot line which separates or divides two abutting parcels
and which is not a rear or front line as defined by this chapter.
See "accredited zoning lot."
A lot at the junction of and abutting on two or more intersecting
streets, when the interior angle of intersection does not exceed 135°.
A lot other than a corner lot.
An interior lot having frontages on two streets.
The distance measured along a straight line drawn parallel
to the front lot line at a distance equal to the minimum front setback
requirement and measured completely within the lot.
A lot which conforms to the minimum lot area and frontage
regulations imposed by the district in which such lot is located.
The process or operation of making, assembling, packaging
or processing materials, articles or products by hand or by machines,
provided that said process does not create excessive dirt, noise,
traffic, fumes or other noxious characteristics normally associated
with heavy manufacturing. Light manufacturing uses shall not employ
more than 10 persons and no one machine shall exceed 10 horsepower,
nor shall any combination of machines exceed 25 horsepower in the
aggregate.
A permanent cantilever-roof-type structure supported solely
from a building, used as a covering over an entrance.
A facility used for the diagnosis and treatment of all ailments
for humans on an outpatient basis. A drug treatment facility or sanitarium
is not to be deemed a medical clinic.
A building that has a nonresidential use on the first floor
limited to retail use, business office use, professional use or restaurant
and a residential use on all floors above the first floor.
A building or group of detached, semidetached or attached
buildings containing guest rooms or dwelling units, each of which
or each pair of which has a separate entrance leading directly from
the outside of the building with garage or parking space conveniently
located to each unit and which is designed, used or intended to be
primarily used or intended to be used primarily for the accommodation
of motor vehicle transients. Motels do not include hotels, boardinghouses
or trailer camps.
A separate and second dwelling unit within a detached single-family
dwelling, altered to include an additional kitchen facility and bedroom(s)
for the sole use by a blood relative of the fee owner of said single-family
dwelling and which must contain at least one unobstructed passageway
between the main dwelling unit and the mother-daughter dwelling unit.
The fee owner must reside in one of the two such dwelling units.
Any device intended for operation on a street or highway,
in, upon or by which any person or property is or may be transported,
capable of self-propulsion by use of its own generated or stored power.
A business which offers for sale, lease or rental, new and/or
used vehicles that are stored and/or displayed at the property. A
separate special use permit shall be required for that portion of
the dealership which relates to service and repair.
This title is intended to apply to the following uses:
GASOLINE STATIONFacility on which the principal activity is the storage for retail sale and dispensing of gasoline and diesel fuel oil, the retail sale of canned motor oil, transmission, brake and steering fluids, antifreeze, dry gas, windshield wipers and windshield wash. All other automotive accessories intended for retail sale in connection with the gasoline station use shall be specifically set forth and listed on the application for the special use permit.
AUTOMOTIVE ACCESSORY INSTALLATION FACILITYFacility at which the principal activity is the installation of after-purchase automotive accessories, which shall include but shall not be limited to radios, stereos, alarms, conversation items, restorations and other similar additions to a motor vehicle.
LIMITED AUTOMOTIVE REPAIR AND MAINTENANCE FACILITYFacility on which the principal activity is the minor and routine repair and maintenance of motor vehicles (not including heavy equipment motor vehicles) within an enclosed building, including the retail sale and servicing of tires, batteries, mufflers, brakes, transmission replacement, electrical service, oil change and lubrication services. All other limited minor repair services shall be specifically set forth on the special use permit application. No outside storage of unregistered motor vehicles is permitted. Outside storage of registered motor vehicles is permitted for a period not to exceed 72 hours and only if such vehicles are on the premises for repair.
MAJOR AUTOMOTIVE REPAIR AND MAINTENANCE FACILITYA facility on which the principal activities include all those performed at a limited automotive repair and maintenance facility but also includes within an enclosed building all other replacement, repair or rebuilding to the drive-train or chassis of all motor vehicles, including heavy equipment vehicles, but shall exclude motor vehicle body and collision repair and motor vehicle painting.
AUTO BODY REPAIR, COLLISION AND PAINTING FACILITYA facility on which the principal activities include, within an enclosed building, all those mechanical repairs and activities performed at a major automotive repair facility and shall also include all motor vehicle, body and collision repair and painting within an enclosed structure.
See "bulk, noncomplying."
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto, affecting such structure or lawfully
existing prior to October 11, 1952, 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 lot or plot of land lawfully existing at the effective
date of this chapter, or any amendment thereto, affecting such lot
or plot of land or lawfully existing prior to October 11, 1952, which
does not comply with the bulk requirements of this chapter for the
use or uses permitted within such lot or plot of land for the district
in which such lot or plot of land is situated.
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 or lawfully existing prior to October
11, 1952, which does not conform to the use requirements of this chapter
for the district in which it is located.
Any school accredited by the Education Department of the
State of New York or permitted under the Social Service Law of the
State of New York, designated 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.
A facility existing solely for the nursing care of convalescing
patients or persons unable to care for themselves properly.
Any map or maps, including any references to more detailed
maps, surveys or studies, as may be created and/or adopted and established
by the Village Board.
That part of a zoning lot including courts or yards which
is open and unobstructed from its lowest level to the sky and is accessible
to and usable by all persons occupying dwelling units on the zoning
lot. Open space is computed as the square feet gross floor area of
the footprint of a main dwelling, including any cantilevered gross
floor area, subtracted from the square feet of total lot area. Area
occupied by accessory buildings and structures, stoops, stairways,
ramps, open porches, chimneys and similar appurtenances and the like
are deemed open space for purposes of this definition. This control
applies only to residential developments to ensure adequate open space
in a neighborhood.
This ratio is expressed by the percentage of total habitable
floor area of a building that must be provided as open space on a
residential zoning lot. (For example, in a district with an open space
ratio of 20%, the amount of open space required on the lot would be
20% of the total floor area of the building).
A building or other structure or a tract of land designed
or intended to be used as an accessory use for the parking of commercial
or noncommercial motor vehicles, which contains more than one parking
space and has access to the street common to all spaces. An accessory
parking facility may include but is not limited to the following:
Any building or structure other than one owned or maintained
by the Village, which is used for parking or storage of noncommercial
registered motor vehicles, upon payment of a fee, whether or not such
use is an accessory use.
Any building or structure, other than a public parking facility
or public garage or other than one owned or maintained by the Village,
designed or intended to be used as an accessory use, solely for the
parking or storage of noncommercial and commercial motor vehicles.
The designated area for the parking of one motor vehicle.
All parking shall be at or below grade.
An open or enclosed surfaced area, not located on a public
or private street or roadway, designed for the transient use of one
automobile subject to the regulations prescribed by this chapter.
All parking shall be at or below grade.
A platform generally attached to a building or other structure
as well as to the ground, not more than eight inches in height measured
from the ground to the top of the platform.
A building, structure or open area intended primarily for
the conduct of organized or regularly scheduled religious services.
No more than two dwelling units for staff members may be included
within a place of worship.
A porch or walkway with a roof supported by columns, often
leading to the entrance of a building.
The primary or predominant use for which a lot, building
or portion of a building is used.
A room, assembly hall or area which is occupied by 50 or
more persons and is used for educational, recreational, political,
religious, civic, fraternal or amusement purposes or other places
of similar-type occupancy.
A building used for the separation, extraction and recovery
of usable materials, energy or heat from solid waste through source
separation, recycling centers or other programs, projects or facilities.
An establishment that serves and sells food and/or beverages
to the ultimate consumer for on-premises or on- and off-premises consumption.
Exceptions:
A building or portion of a building used for restaurant purposes
with an occupant load less than 50 persons shall be classified as
Group B occupancy.
A room or space used for restaurant with an occupational load
of less than 50 persons and accessory to occupancy shall be classified
as Group B occupancy.
A room or space used for restaurant that is less than 750 square
feet is area and is accessory to occupancy shall be classified as
Group B occupancy.
A public or private thoroughfare, the width of which is measured
between curblines, commonly traveled by motor vehicles.
Any public or private, elementary or junior high school,
high school, college, university or postgraduate school offering courses
in general instruction.
Any public or private elementary, junior high school, high
school or college offering courses in religious instruction.
Any public or private school conducting a regularly scheduled
curriculum of specialized or vocational study.
An area along a lot line or zoning district line or land use,
densely planted (or having equivalent natural growth) with shrubs
or trees or other vegetation that will form a year-round dense screen
adequate to restrict vision through or over the area, free of signs,
driveways, parking areas, structures, dumpsters, vehicles or similar
obstructions;
An opaque wall or barrier or fence; or
Any other islands, barriers, 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, variance, zone change, special permit
or other requirement of any board, agency, commission or official
of the Village pursuant to this chapter.
Any individual who has attained the age of at least 65 years.
A residential development designed exclusively to accommodate
senior citizens consisting of a multiple-family dwelling or dwelling
group which qualifies to be constructed with the assistance of mortgage
financing or other financial assistance of a state or federal governmental
agency and is constructed and maintained on a nonprofit basis by an
organization or its wholly-owned subsidiary incorporated pursuant
to the provisions of the Private Housing Finance Law of the State
of New York.
The minimum required distance between a principal building
or occupancy, structure or use and a property line of the lot.
The minimum required distance between the principal or accessory
building, structure or use and the front lot line.
The minimum required distance between the principal or accessory
building, structure or use and the rear lot line.
The minimum required distance between the principal or accessory
building, structure or use and any lot line other than 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 which may have 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.
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 display, the purpose of
which is to bring the subject thereof to the attention of the public
through the communication of a visual message.
A sign which is located upon the same lot as the business
it represents and which is suspended from or attached to and supported
by one or more columns, uprights or braces embedded in the ground
and in which neither the sign nor the supports thereof are attached
to or are dependent on any building or structure for support or bracing.
Freestanding signs within a shopping center must only reflect the
names of the establishments located within said center.
Any illuminated sign on which the artificial light is not
maintained stationary and constant in intensity and color at all times
when in use or any sign in which elements are free to move or are
caused to move by mechanical means.
Any sign independently supported and not attached to a building.
A sign which is illuminated by an artificial source of light
to make the message more discernible and shall include interior and
exterior signs.
Any sign located within a building or structure and visible
from outside.
Any sign located on or above the roof of a building. Such
signs are prohibited in the Village.
For a permitted shopping center, a sign containing the name
of the shopping center and the names of the tenants occupying said
shopping center:
Any sign directly mounted on the exterior facade of a building
or structure not including the roof area.
All putrescible and nonputrescible materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including
but not limited to garbage, refuse, industrial and commercial waste,
sludges from air or water control facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris and discarded automobiles. Solid waste does not include sewage
and other highly diluted water-carried materials or substances and
those in gaseous form.
The purposeful and systematic transportation, storage, processing,
recovery and disposal of solid waste.
Any facility employed beyond the initial solid waste collection
process, including, but not limited to, transfer stations, bailing
facilities, rail haul or barge haul facilities, processing systems,
including resource recovery facilities or other facilities for reducing
solid waste volume, sanitary landfills, facilities for the disposal
of construction and demolition debris, plants and facilities for compacting,
composting or pyrolization of solid wastes, incinerators and other
solid waste disposal, reduction or conversion facilities.
A use which involves and is subject to certain regulations
of this chapter which the Board of Appeals is permitted to authorize
in specific instances listed in this chapter, under the terms, procedures
and conditions prescribed herein.
That portion of a building exclusive of cellars but inclusive
of basements and penthouses, included between the surface of any finished
floor and the surface of the top of the floor beams next above it
or if there are no floor beams above it, then the space between the
finished floor and the roof beams next above it. However, in any case,
each 10 feet of residential building height and each 15 feet of commercial
building height shall be deemed a story in the absence of floor beams.
That portion of a building situated above a full story and having
at least two opposite exterior walls meeting a sloping roof at a level
not higher above the floor than a distance equal to 1/2 the floor-to-ceiling
height of the story below.
In the absence of floor beams above a finished floor, that portion
of a building, excluding cellars, between the finished floor and the
roof beams and which measures less than 10 feet in height in a residential
building and less than 15 feet in height in a commercial building.
In any case, any portion of a building, excluding cellars, which does
not meet the requirements of a full story, as herein defined, shall
be deemed a half story.
A public or private thoroughfare duly placed on the official
map of the Village, the width of which is measured as the distance
between property lines and/or right of way lines.
A dividing line between a lot, tract or parcel of land and
a contiguous street. For the purposes of this chapter, a street line
and a right-of-way line are the same.
Any change in the supporting members of a structure or such
an extensive change to a building, either inside or outside, or both,
as to constitute, in the opinion of the Superintendent, a substantial
change in or renovation of the building.
Any combination of building materials forming any construction
assembled or erected on, above or below the ground attached to something
having location on, above or below the ground, including but not limited
to buildings, fences, tanks, towers, swimming pools, sheds, decks,
patios, poles and antennas.
A recreational club with swimming facilities operated for
members and their guests, whether or not operated for gain.
IN-GROUND POOLA permanent swimming pool or structure containing water greater than 18 inches in depth, intended for wading, bathing or swimming purposes, constructed or installed at and below property grade and made of concrete, masonry, metal or other impervious material. Outdoor and in-ground spas, Jacuzzi or whirlpool baths having the foregoing characteristics shall require a pool permit and shall be subject to regulations applicable to inground pools.
ABOVEGROUND POOLA permanent or portable swimming pool or structure containing water greater than 18 inches in depth intended for wading, bathing or swimming purposes, constructed or installed with at least 50% of the height of the pool walls at and above property grade and made predominantly of rubber, vinyl, fiberglass or other impervious material. Outdoor and aboveground spas, Jacuzzi or whirlpool baths having the foregoing characteristics shall require a pool permit and shall be subject to regulations applicable to aboveground pools.
A building or area of land where a person, firm or corporation
engaged in business or a related field stores materials, equipment
and supplies used exclusively in business.
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 or without
the wheels removed.
Trailer use is to be limited to situations which involve temporary
on-site construction and/or temporary replacement of residence (due
to catastrophic destruction of a dwelling).
The specific purpose for which land or a building is used
or occupied or maintained.
A use conducted on the same lot as the principal use to which
it is related (whether located within the same building or an accessory
building or other structure or as an accessory use of land), except
that where specifically provided in the applicable district regulations,
accessory off-street parking need not be located on the same lot;
and
A use which is clearly incidental to and is customarily found
in connection with such principal use and has the same or less restrictive
underlying district as the principal use.
A use in which a particular kind of business is transacted
or service supplied which does not involve actual on-site manufacture
of goods or direct sale of goods, commodities or services to the ultimate
consumer.
See "nonconforming use."
A use which involves the conduct or performance of work or
labor commanded or paid for by another for the personal benefit of
another but does not deal in the sale or production of tangible commodities.
Such uses shall include but shall not be limited to shoe repair, dry
cleaners, beauty shops and barbershops, carpet cleaners, seamstresses
and tailors.
A use in which a professional person practices or conducts
such profession, but does not apply to home professional occupations.
A use which is characterized by dwelling units in which persons
maintain their place of abode and carry on their primary family and
housekeeping life-styles.
A use which primarily deals directly in the sale of goods.
A facility used for storage or transfer of goods in bulk.
A use which involves the resale of goods and which does not
involve the direct sale of goods to the ultimate consumer.
Administrative relief granted by the Board of Zoning Appeals
pursuant to power vested by this chapter from the literal import and
strict application of the zoning regulations as set forth in this
chapter.
Any mechanical device or structure or part thereof which
may be operated by use or deposit of money, including bills and coins,
tokens or electronic access cards, which dispenses food, drink, merchandise,
products or commodities of whatever nature or description or which
furnishes services or provides entertainment. This definition shall
not include gas, electric, water meters, washing and drying machines,
telephone or municipally operated parking meters.
See "animal hospital."
An open space extending along the full length of the front
lot line to the front of the building or structure between the side
lot lines.
An area situated along the rear lot line to the building
or structure and extending the full width of the lot area to the side
lines of the lot.
Open and unobstructed ground area extending inward from a
lot line, the distance of which is specified in the requirements for
the district in which the lot is located.
An open space extending along a side lot line to the building
or structure from the front lot line to the rear lot line.
