This chapter shall be known and may be cited
as the "Zoning Law of the Village of Tuxedo Park."
Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, be interpreted or defined
as herein indicated:
A.
Word usage.
(1)
Words used in the present tense shall include the
future tense; the singular number includes the plural and the plural
the singular.
(2)
The word "shall" is always mandatory.
(3)
The word "person" includes a corporation, association,
partnership, estate, trust and personal representative of a decedent,
as well as an individual.
(4)
The words "built" or "constructed" shall be construed
to include "erected, altered, converted, enlarged and reconstructed."
(5)
The words "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."
B.
ACCESSORY BUILDING
ACCESSORY USE
ADVERTISE
ALTERATION
BUILDING
BUILDING AREA
BUILDING, HEIGHT OF
BUILDING, PRINCIPAL
BUILDING, RESIDENCE
CONVERSION
DWELLING, ONE-FAMILY
ENVIRONMENTAL ASSESSMENT FORM (EAF)
FAMILY
FENCE
GARAGE, PRIVATE
GROUND FLOOR
GUEST
HOME OCCUPATION
HOUSEKEEPING UNIT
KENNEL
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, INTERIOR
LOT LINE
LOT, THROUGH
LOT, WIDTH OF
NET FLOOR AREA
NONCONCOMPLYING BUILDING OR STRUCTURE
NONCONFORMING USE
OFFICE
OWNER
PASSENGER VEHICLE
PERMANENT RESIDENCE PURPOSES
(1)
(2)
(3)
SERVANT
SETBACK
SIGN
STABLE, PRIVATE
STORY
STORY, HALF
STRUCTURE
STUDIO
SUBSTANDARD LOT
TAILORING TO THE NATURAL TERRAIN
VILLAGE
YARD
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
A building which is subordinate and accessory to the principal
building or use and is used for purposes customarily incidental to
those of the principal building or use, including but not limited
to a private boathouse, dock, private garage, carport, shed, corral,
private ring or stable, swimming pool and appurtenant bathhouse, cabana,
terrace or deck, toolhouse, children's playhouse, tennis court or
platform tennis, racquetball or similar game court or private greenhouse.
A use customarily incidental and subordinate to the principal
use of the land or building.
Advertise shall mean any form of communication for marketing
that is used to encourage, persuade or manipulate viewers, readers
or listeners into contracting for goods and/or services as may be
viewed through various media including but not limited to, newspapers,
magazines, flyers, handbills, television commercials, radio, signage,
direct mail, websites or text messages.
[Added 6-20-2018 by L.L. No. 1-2018]
A change, rearrangement or demolition of any structural element
of a building, including but not limited to walls and partitions,
floors, roofs, doors and windows.
Any structural enclosure, including but not limited to a
house, garage, cabana, stable, shed, cottage, gazebo, boathouse, greenhouse,
folly, animal shelter, playhouse, carport or any remaining part thereof.
The aggregate of the maximum horizontal cross section area
of the building on a lot, excluding cornices, eaves, gutters or chimneys
projecting not more than 18 inches, steps, one-story porches, bay
windows not extending through more than one story and not projecting
more than five feet, balconies and terraces.
The vertical distance measured from the lowest finished grade
on the perimeter of the foundation to the highest point of the structure.
A building designed to be used as the main dwelling house
or building on the lot.
Any house or building which is occupied in whole or in part
as a home, residence or sleeping place of one or more persons.
[Amended 12-21-1990 by L.L. No. 1-1990]
Any change in the use of a building whether or not it involves
physical or structural alterations. This does not preclude physical
changes being construed as a conversion.
A detached building designed for and occupied as a home or
residence for not more than one family, as defined herein.
SEQRA Environmental Assessment Form as referenced in 6 NYCRR
Part 617.
[Amended 3-18-2009 by L.L. No. 3-2009]
Any number of individuals related by blood, marriage or adoption,
or not more than three persons who are not so related, living together
as a single housekeeping unit, using rooms and housekeeping facilities
in common and having such meals as they may eat at home generally
prepared and eaten together.
A dividing or enclosing or screening structure of rails,
pickets, wires, boards, posts, stones or other materials, which structure
shall include walls, dikes, trellises, berms, ballustrades, etc.
A building used for the storage of motor vehicles and the
storage of garden machinery and recreational equipment owned and regularly
used by or on behalf of the owners or tenant of the lot on which it
is erected and for a purpose accessory to the permitted use of the
lot.
The lowest story entirely above the level of the ground in
the front of the building.
A friend, acquaintance or other individual residing in a
household for a temporary period of time not to exceed eight weeks
per calendar year whose stay involves no remuneration in money, barter,
gift, services, loan or other form of compensation.[1]
[Amended 12-21-1990 by L.L. No. 1-1990]
An occupation for gain or support conducted only by members
of a family residing on the premises and conducted entirely within
the dwelling, provided that no article or service is sold or offered
for sale except as may be produced by members of the immediate family
residing on the premises.
The single home, residence or sleeping place of one or more
persons cooking and doing the work of keeping house as a family.
Facilities for caring for four or more dogs.
A parcel or portion of land occupied or designed to be occupied
by one principal building and its accessory buildings or uses customarily
incident to it, if any, including such yards or open space uses in
connection with such buildings as are required by this chapter, the
area of such lot to be measured to the street line only. Premises
are included within the definition of the word "lot."
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
A lot other than a corner lot.
Any line dividing one lot from another.
An interior lot having frontage on two parallel or approximately
parallel streets.
The mean width of a lot measured at right angles to its depth.
The area enclosed by the inside surface of walls and having
headroom of at least six feet six inches, including living, eating,
cooking, sleeping, circulation, service, utility and all other related
household spaces, but excluding garages, storage areas, carports,
parking spaces and areas below the first floor.
[Amended 12-21-1990 by L.L. No. 1-1990]
A building or structure, lawfully existing on February 17,
1987 (the day immediately preceding the effective date of this chapter),
or a building or structure lawfully existing on the day immediately
preceding the effective date of any amendment to this chapter affecting
such building or structure, which does not conform to the building
regulations or bulk table restrictions presently applicable in the
zoning district in which that building or structure is located, irrespective
of the use to which such building or structure is put.
[Amended 6-10-2009 by L.L. No. 5-2009]
Any use of a building or structure, lot or land, or part
thereof, lawfully existing on February 17, 1987 (the day immediately
preceding the effective date of this chapter), or the use of a building
or structure, lot or land, or part thereof, lawfully in existence
on the day immediately preceding the effective date of any amendment
to this chapter affecting such use, consistently carried on thereafter,
which does not conform to the use restrictions presently applicable
in the zoning district in which that use is being conducted.
[Amended 6-10-2009 by L.L. No. 5-2009]
A room or rooms in which a person regularly transacts business
and carries on a business or occupation where primary records, files
or other data are kept and/or a telephone is used to initiate, conduct
or conclude business transactions.
Includes, in addition to the person who has title to the
land in fee, the occupant or a tenant, an architect or contractor
or any individual acting as an agent for the owner, tenant or occupant.
[Amended 12-21-1990 by L.L. No. 1-1990]
A registered automobile or motorcycle used primarily for
the nonrecreational transportation of people. It does not include
pickup trucks, limousines for hire, motor homes, trailers, commercial
vehicles, tractors, trucks, utility vans, buses, wagons or equipment
for construction, landscaping or other commercial purposes.
[Amended 12-21-1990 by L.L. No. 1-1990]
For the purposes of this chapter, "permanent residence purposes"
shall consist of occupancy of a residence building by the same natural
person or family for 30 consecutive days or more and a person or family
so occupying a residence building shall be referred to herein as the
permanent occupants of such residence building. The following uses
of a residence building by the permanent occupants thereof shall not
be deemed to be inconsistent with the occupancy of such residence
building for permanent residence purposes:
[Added 6-20-2018 by L.L. No. 1-2018]
Occupancy of such residence building for fewer than 30 consecutive
days by other natural persons living within the household of the permanent
occupant such as house guests, provided that there is no monetary
compensation paid to the permanent occupants for such occupancy; or
Incidental and occasional occupancy of such residence building
for fewer than 30 consecutive days by other natural persons when the
permanent occupants are temporarily absent for personal reasons such
as vacation or medical treatment, provided that there is no monetary
compensation paid to the permanent occupants for such occupancy; or
Occupancy of such residence building by caregivers, nurses or
other persons providing caregiving or medical services to a permanent
occupant or a member of her family.
A paid employee whose principal occupation is to provide
personal or household services for the occupants of a dwelling.
The horizontal distance from any lot line to the part of
the building or the story respectively which is nearest such lot line.
Includes the word "billboard" and means any advertising structure,
sign, picture, word or device for the advertisement thereon or thereby
of any commodity, service, thing or direction.
An accessory building in which not more than five horses
are kept for private use of the owner and not for hire, remuneration
or sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it; or if there
is no floor above it, then the space between any floor and the ceiling
or roof next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
Any combination of materials or fabrication which forms a
construction, such as but not limited to any building, driveway, road,
tennis court, gate post, barn, dock, antenna, steps, pool, tank, fence,
wall, trellis, headwall, bridge, utility pole, tower, berm, tent,
paved walk, corral, ring, lean-to, foundation, etc.
The workroom of an artist or photographer, but not including
any commercial motion-picture, computer, radio or television facility.
[Amended 12-21-1990 by L.L. No. 1-1990]
A lot, the area or dimension of which was lawful on February
17, 1987 (the day immediately preceding the effective date of this
chapter), or a lot the area or dimension of which was lawful on the
day immediately preceding the effective date of any amendment to this
chapter affecting the area or dimensional requirements of such lot,
which does not conform to the area and dimensional requirements presently
applicable in the zoning district in which that lot is located.
[Added 6-10-2009 by L.L. No. 5-2009]
All structures and associated driveways, gardens, terraces,
walls, ponds, patios, and utilities must be constructed so as to minimize
to the greatest extent practicable all blasting, chipping, cutting,
filling, and mechanical recontouring of the natural terrain, and take
advantage of the screening potential of existing vegetation and land
features.
[Added 6-10-2009 by L.L. No. 7-2009[2]]
The incorporated Village of Tuxedo Park.
The space between any building or part of a building and
any lot line or street line.
(1)
FRONT YARD -- A yard across the full width of the
lot extending from the front wall of the building to the street line.
(2)
REAR YARD -- A yard across the full width of the lot
from the rear wall of the building to the rear line of the lot.
(3)
SIDE YARD -- A yard extending from the front yard
to the rear yard between the building and the adjacent side line of
the lot.
[1]
Editor's Note: The former definition of "home occupation,"
which immediately followed this definition, was repealed 4-20-2011
by L.L. No. 1-2011.
[2]
Section 9 of this local law provided that the following are
exempted from this local law: normal repairs and maintenance that
do not alter the design, materials or appearance of a structure and
construction which had received all necessary final approvals from
the Planning Board and/or Board of Architectural Review, or received
a final filed decision from the Board of Zoning Appeals granting a
variance upon a determination that such construction is on a ridge
line or at the end of a precipice, prior to 8-20-2008.
