The terms in the text of this chapter shall be interpreted in
accordance with the following rules of construction:
A.
The present tense includes the past and future tense, and the future
tense includes the present.
B.
The singular number includes the plural number and vice versa, unless
the context requires otherwise.
C.
This chapter establishes both mandatory standards and discretionary
guidelines. Mandatory standards are typically signified by the words
"shall," "must," and "will." They are specific and precise standards
that are required to be met in the submitted design. Discretionary
guidelines are typically signified by the words "encouraged," and
"discouraged." They are general design objectives that are applied
and interpreted by the Planning Board in the review of development
applications. Discretionary guidelines with a greater degree of flexibility
are signified by the word "may." They are ideal guidelines and a project
following these guidelines would result in an outcome that is very
compliant with the Village's goals and objectives; however, they
are not specifically required to be met.
D.
The terms "must not," "will not," "cannot," and "may not" are prohibiting.
E.
Any gender includes all genders.
F.
The terms "lot" "plot," "parcel," "tract of land," and "premises"
shall one include the other; the word "premises" shall include land
and buildings thereon.
G.
The terms "occupied" or "used" as applied to any given land or building
shall be construed as though followed by the words "or intended, arranged
or designed to be occupied or used," unless the natural construction
of the wording indicates otherwise.
H.
All references to time periods of "days" shall mean calendar days
unless otherwise indicated.
I.
All references to "single-family dwelling" shall include both detached
and attached single-family dwellings unless otherwise indicated.
J.
The term "Village" means the Village of Wappingers Falls; the terms
"Village Board," "Village Clerk," "Zoning Board of Appeals," "Planning
Board," "Code Enforcement Officer," and other designated boards and/or
officers mean the respective boards and officers of the Village of
Wappingers Falls so designated.
K.
Words not specifically defined shall have their ordinary dictionary
meaning as in Webster's New International Dictionary; construction
and building terms not specifically defined shall use New York State
Uniform Fire Prevention and Building Code definitions.
L.
Abbreviations:
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ft.
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=
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feet
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in.
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=
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inch
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max.
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=
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maximum
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min.
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=
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minimum
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sf.
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=
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square feet
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Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings herein indicated:
To be contiguous to; having a lot line, zoning boundary,
or wall in common.
The place, means, route or way by which pedestrians, bicyclists
and/or vehicles have ingress and egress to a property or use.
See "accessory dwelling" under "dwelling/dwelling unit."
See "structure, accessory."
A use of land, water, a building or structure or portion
thereof that is customarily incidental and subordinate to the principal
use and located on the same lot or premises. An accessory use is prohibited
without the principal use to which it is related.
Construction that increases the size of a structure in terms
of building footprint, height, or floor area.
Property that abuts or is directly across a street, private
right-of-way, or access easement from the subject property neighborhood
or district.
Agriculture shall mean a "farm operation" on "land used in
agricultural production," both as defined in § 301 of the
New York State Agriculture and Markets Law.
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101
et seq.
ANIMAL GROOMINGAn establishment where animals are bathed, clipped, brushed, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged, but which shall not include overnight accommodations.
ANIMAL HOSPITAL or VETERINARIAN OFFICEA facility maintained by or for the use of a licensed veterinarian(s) in the diagnosis, treatment, or prevention of animal diseases wherein the overnight care of said animals is prohibited except when necessary for the medial treatment of the animal.
ANIMAL KENNELAn establishment in which five or more animals (four months of age or older) are housed, rehabilitated, bred, boarded, trained or sold, except for dogs or cats for sale in pet shops or being treated in animal hospitals.
A device used to transmit and/or receive communications signals.
See "dwelling/dwelling unit," Subsection B, "apartment."
A feature contributing to the general arrangement of the
exterior of a structure, including, but not limited to, the type and
style of siding, building materials, trim, doors, windows, roof shape,
eaves, awnings, pilasters, cornices, wall offsets, and other building
articulations.
A residential care facility that provides housing, meals,
personal care and supportive services to persons age 60 and older
who are unable to live independently. Services rendered by such facilities
shall not include treatment for mental illness or drug or alcohol
rehabilitation. Such facility must be licensed by the appropriate
state agency having jurisdiction over the licensing of such facilities
under applicable state legislation or regulation.
An automated teller machine linked to the accounts and records
of a banking institution and which enables consumers to carry out
banking transactions, including, but not limited to, account transfers,
deposits, cash withdrawals, balance inquiries, and loan payments.
The space enclosed within the roof structure of a building
in which more than 50% of the gross floor area has a ceiling height
less than five feet. An attic shall not be considered a "story."
A roof-like projection typically constructed of a durable
nonrigid material attached to a framework that extends from and is
wholly supported by a building, as illustrated in Figure XVI-1. Awnings
are typically erected over a window, doorway, or building front to
provide protection from the elements, and they may be raised or retracted
to a position adjacent to the building.
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See "building."
An establishment, which is not part of a larger restaurant,
where alcoholic beverages are sold for on-site consumption and where
any food service is subordinate to the sale of alcoholic beverages.
The term "bar or tavern" includes the terms "barroom," "wine bar,"
"pub," "saloon," "grill," "public house," "beer garden," and similar
establishments, but does not include a "nightclub" as defined herein.
That portion of a building located partially underground,
having 50% or more of its floor-to-ceiling height above the average
grade of the ground adjoining the building. A basement shall be considered
a story, whether occupied or not, if more than four feet of the basement
is visible above the finished grade at the center-point of building's
primary facade.
A room in a dwelling marketed, designed, or likely to function
primarily for sleeping.
See "sign," Subsection Z, "off-premises sign."
An area of land that is bounded by streets, or a combination
of streets and railroad rights-of-way, shorelines of waterways, or
municipal boundary lines.
That portion of a block facing the same side of a single
street and lying between the closest intersecting streets, as illustrated
in Figure XVI-2. The block face provides the context for establishing
architectural harmony.
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A building or part thereof that, for compensation, provides
lodging and meals to three (3) or more guests for 30 or more consecutive
nights. The term "boardinghouse or rooming house" shall not be interpreted
to include lodging or short-term rental as defined herein, or any
other type of transient occupancy. The use "boardinghouse or rooming
house" is prohibited in the Village of Wappingers Falls.
An area of land with natural or planted landscaping intended
to visually and physically separate buildings, uses, or lots from
each other.
A line extending through a lot which is parallel to the street
curb or right-of-way and which marks the location along which the
front facade of the principal building, excluding allowable encroachments
set forth in this chapter, must be placed. The build-to line creates
a generally uniform line of building facades along the street.
A structure with a roof supported by exterior walls on all
sides, or exterior and party walls, affording shelter to persons,
animals, property, or business activities. Where independent units
with separate entrances are divided by party walls, each unit is a
building. See "Structure."
BACK BUILDINGA building located to the rear of a lot in the CMU District and behind any linear buildings that may be present on site.
BUILDING LINERA conditioned commercial space a minimum of 15 feet in depth located within the portion of the ground floor of a parking structure that faces a street. A building liner conceals views of parked cars in the parking structure from the street, and provides for commercial uses along the street frontage.
LINEAR BUILDINGA building designed and located to conceal a parking lot from a street frontage in the CMU District.
The area of the ground covered by a building, including the
foundation and all areas enclosed by exterior walls and footings and
covered by roofing. The building footprint shall include exterior
stairs, covered or uncovered.
See § 151-24A.
See "building."
Official authorization issued by the Code Enforcement Officer
to begin construction in accordance with approved plans and in strict
compliance with all applicable requirements of this chapter, the New
York State Uniform Fire Prevention and Building Code and related laws,
rules and regulations.
The distance between a building's two sides measured
along the street frontage.
Maximum building width is the largest allowed building width.
It ensures that buildings will be appropriately scaled to the neighborhood.
A building subordinate to the principal building on the same
lot and used for purposes customarily incidental to that of said principal
building.
A building attached by a party wall to another building normally
of the same type, whether located on the same or a separate lot.
As used herein, cannabis shall have the same definition as
that found in New York Cannabis Law § 3. Cannabis also may
be referred to as "marijuana" or "marihuana."
An establishment that is licensed by the New York State Office
of Cannabis Management to allow for the consumption of cannabis products
on the premises. The use "on-site cannabis consumption establishment"
is prohibited in the Village of Wappingers Falls.
Cannabis products means cannabis, concentrated cannabis,
and cannabis-infused products, and includes made or manufactured products
that contain either cannabis or concentrated cannabis and other ingredients,
and are intended for use or consumption.
An establishment that is licensed by the New York State Office
of Cannabis Management to sell or otherwise distribute cannabis products
directly to consumers for use off the premises. A cannabis retail
dispensary may be licensed to operate as an adult-use cannabis retail
dispensary or as a medical cannabis dispensary, or both. A "cannabis
retail dispensary" does not include an "on-site cannabis consumption
establishment."
CANNABIS DISPENSARY, MEDICALA cannabis retail dispensary that sells or otherwise distributes cannabis products and related supplies to registered practitioners, certified patients, or designated caregivers for medical use in accordance with Title V-A of Article 33 of the New York Public Health Law and Article 3 of the New York Cannabis Law.
CANNABIS RETAIL DISPENSARY, ADULT-USEA cannabis retail dispensary that sells or otherwise distributes cannabis products and related supplies to consumers for nonmedical use in accordance with Article 4 of the New York Cannabis Law.
A permanent unconditioned structure that serves as an overhanging
shelter, with at least one side open for pedestrian and/or vehicular
access, as is commonly found over gasoline station fuel pumps and
drive-through facilities. Canopies may be attached to and receive
support from the wall of a structure, or be freestanding.
A roofed structure, with one or more open sides, used for
the storage of motor vehicles.
Height from finished floor to finished ceiling of primary
rooms on the floor.
That portion of a building located partially underground,
having less than 50% of its floor-to-ceiling height above the average
grade of the ground adjoining the building. A cellar shall not be
considered a "story."
An area of land and related facilities used for the internment
of the dead, and including columbaria mausoleums, and animal cemeteries.
Official certifications issued by the Code Enforcement Officer
that a premises conforms to the applicable provisions of this chapter,
the New York State Uniform Fire Prevention and Building Code and other
applicable regulations, and may be legally occupied or used.
Any use for an existing site or structure that differs from
the existing use, as outlined in the District Schedule of Uses.[1]
Nonmedical care for and supervision of a child provided on a
regular basis away from the child's residence for fewer than
24 hours per day by someone other than the parent, stepparent, guardian
or relative within the third degree of consanguinity of the parents
or step-parents of such child, and including any definition consistent
with the New York State Office of Children and Family Services Regulations
Section 413 entitled "Child Day Care,"[2] or Social Services Law § 390, Subdivision 1(a).
For purposes of this definition, the phrase "third degree of consanguinity"
shall have the same definition as set forth in 18 NYCRR Part 413,
as the same may be amended from time to time. Child day care does
not include care provided in:
A summer day camp, traveling summer day camp or children's
overnight camp as defined in the State Sanitary Code[3];
A program for school-age children operated solely for the purpose
of religious education, sports, classes, lessons or recreation;
A facility providing day services under an operating certificate
issued by the New York State Office of Children and Family Services;
A facility providing day treatment under an operating certificate
issued by the Office of Mental Health or by the Office for People
with Developmental Disabilities; or
A kindergarten, pre-kindergarten or nursery school for children
three years of age or older, or a program for school-age children
conducted during nonschool hours, operated by a public school district
or by a private school or academy which is providing elementary or
secondary education or both in accordance with the compulsory education
requirements of the Education Law, provided that such kindergarten,
pre-kindergarten, nursery school or program is located on the premises
or campus where the elementary or secondary education is provided,
or is registered with the New York State Education Department.
The following are types of child day care:
FAMILY DAY-CARE HOMEA licensed facility in a private home where an owner-occupant of the residence provides child day care for between three and six minor children for periods of fewer than 24 hours per day. A family day-care provider may, however, care for seven or eight children at any one time if authorized to do so by the Office of Children and Family Services.
GROUP FAMILY DAY-CARE HOMEA licensed facility in a private home where an owner-occupant of the residence provides child day care for between seven to 12 children of all ages, except for those programs operating as a family day-care home which care for seven or eight children.
CHILD DAY-CARE CENTERA licensed facility that is not a residence and that provides child day care for minor children for periods of fewer than 24 hours per day. The following are types of child day-care centers:
GROUP DAY-CARE CENTERA licensed child day-care center that provides child day care to seven to 12 minor children.
COMMERCIAL DAY-CARE CENTERA licensed child day-care center that provides child day care to more than 12 minor children for periods of fewer than 24 hours per day. Facilities include, but are not limited to, infant centers, nursery schools, preschools, extended day care, and school age child care centers.
When used in the context of measuring a distance between
a building wall and a feature such as a porch, or the distance between
the ground and a ceiling, the term "clear" refers to the area being
free of obstructions such as post, beams, railings, etc.
Premises of an organization of persons who meet periodically
to promote some nonprofit social, educational, athletic, service or
recreational objective, and who cater exclusively to members and their
guests, with no vending, merchandising or commercial activities conducted,
except as provided generally to the membership and purposes of the
club. A "not-for-profit club" shall not include a "rod and gun club"
or a "recreation facility" as defined herein, nor shall it include
organizations with a principal purpose of selling alcoholic beverages
to its members or others.
That Village employee appointed by the Village Board and
charged with the responsibility of administering and enforcing the
Village Code, the New York State Uniform Fire Prevention and Building
Code, and related regulations pertaining to the development of structures
and the use of land within the Village, and which employee shall be
certified as a building official by the New York State Building Codes
Council. References to the Code Enforcement Officer may be construed
to include the Building Inspector, Zoning Enforcement Officer, or
other person appointed to administer and enforce the Village Code
and New York State Uniform Fire Prevention and Building Code by the
Village Board.
A facility for post-secondary education that grants associates,
bachelors, masters, or doctoral degrees, and may include research
functions. Includes professional schools (e.g., law, medicine, etc.)
and technical colleges. Colleges and universities tend to be in campus-like
settings or on multiple blocks.
Any vehicle Class 3 or higher as classified by the United
States Federal Highway Administration and as illustrated in Appendix
A; or any piece of equipment used for earthmoving or construction
purposes, such as an excavator, bulldozer, backhoe, loader, dump truck,
or trailer other than a "small trailer" as defined herein.
A facility operated by a public or not-for-profit entity
that provides recreational programs and meeting rooms that are open
to the public and designed to accommodate and serve significant segments
of the community.
A supportive living facility meeting the definition thereof
found in § 1.03 of the New York State Mental Hygiene Law,
with four to 14 residents, or a supervised living facility subject
to licensure by the Office of Mental Health or the Office for People
with Developmental Disabilities, which provides a residence for up
to 14 mentally disabled persons, including residential treatment facilities
for children and youth. A community residential facility shall not
be construed to include multiple dwellings under this definition.
That comprehensive plan of the Village of Wappingers Falls
setting forth the development policies for the future of the Village
and adopted by the Village Board in satisfaction of the requirements
of § 7-722 of NYS Village Law.
A facility consisting of meeting rooms, lecture rooms, and
display space used for the conduct of business, professional or educational
conferences, seminars, or displays, and which may include accommodations
for sleeping and eating.
A one-story retail establishment whose primary offering is
sale of prepackaged food products, beverages, lottery tickets, newspapers,
magazines, tobacco products, household products, and personal items
to be consumed primarily off the premises, and which does not include
the sale of gasoline.
A facility that brews, ferments, or distills alcoholic beverages
as a principal use and that includes a tasting room a minimum of 500
square feet in size open to the public where product can be sampled
and purchased.
A bar or restaurant, as defined herein, that includes as
an accessory use the brewing, fermenting or distilling of alcoholic
beverages for on-site consumption. A craft beverage pub shall not
produce more than 70,000 gallons of beverage per year.
A building or structure which houses facilities for cremation.
An accessory use to an establishment or service in which
off-street parking space(s) located in the establishment's parking
lot are designated, with signage, for use by customers who remain
in their vehicles while employees of the establishment deliver goods
to them. The term "curbside pickup" shall not include "drive-through
facility" as defined herein.
Defined for the purposes of the definitions of accessory
use and accessory structure, a use or structure which commonly accompanies
or is associated with the type of principal land use that is located
on the same property. For purposes of this Zoning Law the term "incidental"
means the accessory use or accessory structure is minor or subordinate
to the principal land use.
Density refers to the number of dwelling units per gross
unit of land area, expressed as either acres or square feet. Density
is calculated by dividing the gross area of the site by the number
of dwelling units located on the site. The resulting figure shall
be rounded to the nearest lower number. The number of dwelling units
allowed on a site is based on the presumption that all other applicable
standards will be met. The maximum density established for a district
is not a guarantee that such densities may be obtained, nor shall
the inability of a development to achieve the stated maximum density
be considered sufficient justification for varying or otherwise adjusting
other intensity or dimensional standards.
To break the continuity of or cease to operate.
An area or section of the Village described on the Zoning Map established in § 151-13 of this chapter and within which certain regulations and requirements apply under the provisions of this chapter.
An accessory use to an establishment or service where, by
design of facilities or procedures, patrons make transactions, are
entertained, or served in motor vehicles, typically through means
of a window, which allows patrons to purchase products or make transactions
without leaving their vehicle. Examples of drive-through facilities
include drive-through fast-food restaurants, coffee shops, photo stores,
pharmacies, bank teller windows or ATMs, dry cleaners, etc., but do
not include "curbside pickup," "gasoline station," or "vehicle wash,"
as defined herein.
A vehicular access way providing ingress and egress to a
lot from a street or vehicular use area associated with another use.
"Common driveway" is the term employed to identify a like facility
that provides shared access to a maximum of two detached single-family
dwellings or to two or more commercial premises.
A service business maintained for the customer pickup and
delivery of articles for dry cleaning without the maintenance or operation
of any dry-cleaning equipment or machinery on the premises.
An establishment engaged in cleaning of fabrics, textiles,
wearing apparel, or articles of any sort by immersion and agitation,
or by immersions only, in volatile solvents, including, but not limited
to, solvents of the petroleum distillate type, and/or the chlorinated
hydrocarbon type, and the processes incidental thereto.
A self-contained room or group of internally connected rooms
that have sleeping, eating, cooking and sanitation facilities, but
not more than one kitchen, which constitute an independent housekeeping
unit, occupied or intended for one family on a long-term basis. With
the exception of a manufactured home, a dwelling unit shall be a minimum
of 400 square feet of space. A boardinghouse or rooming house, dormitory,
lodging facility, short-term rental or other similar facility for
transient occupancy, shall not be deemed to constitute a dwelling
unit.
ACCESSORY DWELLINGA self-contained dwelling unit accessory to a detached single-family dwelling having its own exterior entrance and which is subordinate to the principal residence, and shares no kitchen, living, sleeping, or sanitation facilities with the principal residence.
APARTMENTA dwelling unit located in a mixed-use building devoted primarily to nonresidential use(s).
GROUND-FLOOR APARTMENTA dwelling unit, or any portion thereof, that is located on the ground floor of a building. A hallway, a maximum of six feet wide, with stairs, that leads from an exterior ground-floor door to a self-enclosed dwelling unit on a floor above or below the ground floor shall not be included in this definition.
UPPER FLOOR OR BASEMENT APARTMENTAn apartment that is located on any story of a building except the ground floor.
ATTACHED SINGLE-FAMILY DWELLINGOne of two dwelling units, each owned in fee simple and located on separate lots but joined along a common lot line, each of which dwelling units is totally separated from the other by an unpierced wall extending from ground to roof, with each dwelling unit having a separate entrance from the outside on the ground floor.
DETACHED SINGLE-FAMILY DWELLINGA detached building containing one dwelling unit located on a single lot, but that does not meet the definition of a "manufactured home."
LIVE-WORK DWELLINGA dwelling unit that includes a dedicated workspace that is accessible from the living area, and may also be accessible from the outside, reserved for and regularly used by one or more year-round residents of the dwelling unit, and in which the type or size of the work performed is larger or more extensive than that permitted as a home occupation. Typically the work space is below or in front of the residential space.
MANUFACTURED HOMEA factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards, 24 CFR Part 3280, transportable in one or more sections, which, when erected on site is a minimum of 320 square feet, constructed on a permanent chassis, designed to be used as a single dwelling unit with a permanent foundation, and connected to utilities, including for plumbing, heating, and electricity. The term "manufactured home" shall not include any self-propelled recreational vehicle, travel trailers, or modular structures.
MULTI-FAMILY DWELLINGA residential structure containing four or more dwelling units, located on a single lot, that does not meet the definition of a "townhouse."
TOWNHOUSEA residential structure containing three or more dwelling units, constructed side-by-side, whether located on a single lot or on individual lots, and connected by vertical walls, unpierced, that extend from grade level or below to the top of the structure, with each dwelling unit having a separate entrance from the outside on the ground floor.
THREE-FAMILY DWELLINGA residential structure containing three dwelling units, located on a single lot, that does not meet the definition of a "townhouse."
TWO-FAMILY DWELLINGA residential structure containing two dwelling units located on the same lot that are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common hallway. The term "two-family dwelling" shall not include "accessory dwelling" as defined herein.
Authorization by one property owner for the use of all or
a portion of his or her property by another person for a specific
purpose.
Any motor vehicle that is registered with the Department
of Motor Vehicles that operates, either partially or exclusively,
on electrical energy from the grid, or an off-board source, that is
stored on-board for motive purposes. For the purpose of this chapter,
"electric vehicle" includes: (1) a battery electric vehicle; (2) a
plug-in hybrid electric vehicle.
An electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric
vehicles.
The standardized indicators of electrical force, or voltage,
at which an electric vehicle's battery is recharged. Levels 1,
2, and 3 are the most common EV charging levels, and include the following
specifications:
Level 1 is considered "slow" charging, typically requiring an
amp breaker of 15 to 20 amps on an AC circuit of 120 volts and a standard
outlet.
Level 2 is considered "medium" charging, typically requiring
an amp breaker of 40 to 100 amps on an AC circuit of 240 volts.
Level 3 (DC Fast Charge and Supercharging) is considered "rapid"
charging, typically requiring a dedicated breaker of 60 amps or higher
on a three-phase circuit of 480 volts or higher with special grounding
equipment. DC Fast Charge uses an off-board charger to provide the
AC to DC conversion, delivering DC directly to the car battery.
A public or private parking space that is served by electric
vehicle charging station equipment that has as its primary purpose
the transfer of electric energy (by conductive or inductive means)
to a battery in an electric vehicle. An EVCS may be an Electric Vehicle
Parking Space, or it may be a space permitted to be utilized by nonelectric
vehicles.
Any marked parking space that identifies the use to be exclusively
for an electric vehicle.
Any architectural feature or structural element, such as
an awning, gallery, porch, stoop, balcony, bay window, patio or deck,
that breaks the plane of a vertical or horizontal regulatory limit
extending into a setback, beyond the build-to-line, into the public
right-of-way, or above a height limit.
A building or related group of buildings for purposes of
the conduct of business located on a single parcel or lot and including
one or more uses. Related uses under the same corporate or business
name, brand or logo shall be deemed one establishment.
A horizontal line on a building expressed by a change of
material or a continuous molding projecting outward from the building
facade a minimum of two inches and a maximum of one foot in depth,
as illustrated in Figure XVI-3.
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Any wall that defines the exterior boundaries of a building
or structure.
The exterior wall of a building.
FRONT FACADEThe facade of a building (excluding allowable encroachments set forth in this chapter) that faces a street on which the building is located.
PRIMARY FACADEThe front facade of a principal building that faces the primary street. (Synonymous with primary building facade.)
SECONDARY FACADEThe front facade of a principal building that faces the side street.
As used herein, "family" shall mean one of the following:
Any number of individuals related by blood, marriage or legal
adoption, or in a guardianship or foster care, occupying a single
dwelling unit; or
Up to four unrelated individuals occupying a single dwelling
unit; or
Five or more unrelated individuals occupying a single dwelling
unit and living together as the functional equivalent of a family.
For purposes of this subsection, it shall be presumptive evidence that five or more individuals occupying a single dwelling unit who are not related by blood, marriage or legal adoption, or in a guardianship or foster care, do not constitute the functional equivalent of a family. This presumption may be rebutted if such group of individuals exhibits characteristics consistent with the purposes of zoning restrictions in residential districts, utilizing the criteria set forth in Subsection B herein.
Residents of a community residential facility.
Eight or fewer individuals with disabilities, as that term is
defined in 42 U.S.C. § 12102 et seq. and its implementing
regulations, residing together in a dwelling unit.
Notwithstanding the provisions of Subsection A(3) above, a group of unrelated persons numbering five or more shall be considered a family upon a determination by the Zoning Board of Appeals that the group is the functional equivalent of a family pursuant to the criteria enumerated below. Before making a determination under this subsection, the Zoning Board of Appeals shall hold a public hearing. In determining whether individuals living together are the functional equivalent of a family, the following criteria shall be considered:
Whether the occupants share the entire dwelling unit and live
and cook together as a single housekeeping unit, as opposed to acting
as separate boarders.
Whether the household has stability akin to a permanent family
structure, including the length of stay together among the occupants
in a dwelling unit.
Whether the household is a temporary living arrangement or a
framework for transient living.
The presence of minor, dependent children regularly residing
in the household and, if school age, enrolled in local schools.
The presence of an individual acting as head of household.
Proof of sharing expenses for food, rent or ownership costs,
transportation, insurance, utilities, and other household expenses.
Common ownership of furniture and appliances and the common
use of vehicles among the members of the household.
Whether the composition of the household changes from year to
year or within the year.
Whether each of the occupants uses the address of the dwelling
for their vehicle registration, driver's licenses, passports,
bank accounts, bills, loans, tax returns, voter registration, and
other licenses and permits, etc.
Any other factor reasonably related to whether or not the group
of persons is the functional equivalent of a family.
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Any determination under this subsection shall be limited to
the status of a particular group as a family and shall not be interpreted
as authorizing any other use, occupancy or activity. In making any
such determination, the Board of Appeals may impose such conditions
and safeguards as the Board of Appeals shall deem necessary or advisable
in order to maintain the stability and character of the neighborhood
and protect the public health, safety and welfare.
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A cooperative venture for the seasonal sale of local farm
produce and farm products which may or may not be in a completely
enclosed building, where, on designated days and times, groups of
individual sellers, such as growers of horticultural and agricultural
products, artisans of craft products, and food and beverage providers,
offer these items for sale, directly to the public, from on-site booths
which may or may not be permanent structures.
A vertical, freestanding structure built outdoors made of
wood, masonry, stone, wire, metal, or other manufactured material
or combination of materials erected to enclose, screen, or separate
areas of land. Freestanding walls are not intended to support any
roof.
An establishment that offers facilities, equipment and programs
for exercise, weight loss and/or body development, and which may include
any of the following: exercise machines, weight facilities, group
exercise rooms, sauna, spa, hot tub or swimming facilities, and indoor
sports activities such as tennis, handball, racquetball, basketball,
baseball, archery and shooting ranges Also known as a "health and
athletic club." This use shall not include a "not-for-profit club"
as defined herein.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters, or the unusual and rapid accumulation or runoff of
surface waters from any source.
The 100-year floodplain as shown on the latest version of
the Federal Emergency Management Agency (FEMA) Flood Insurance Rate
Map(s).
The sum of the horizontal areas of the floors on all stories
of a building, including interior balconies and mezzanines, but excluding
exterior balconies, unenclosed porches, stoops, galleries, and attached
or built-in garages. All horizontal dimensions of each floor are measured
to the exterior face of exterior walls of each such floor, or from
the center line of party walls separating two buildings.
A mobile food service operation located in a licensed motorized
vehicle or a movable cart, stand, or trailer and from which food and
beverages (pre-packaged or prepared and served from the vehicle or
stand) are sold or distributed in individual portions to the general
public directly from the food truck for consumption on or off of the
premises.
Any use, whether a principal or accessory use, that has or
is required by contractual, franchise or other legal arrangements
to have, along with 20 or more other businesses located in the United
States, the same primary business name, trademark or logo and two
or more of the following: 1) distinctive exterior and/or interior
design and/or architecture, signage, color scheme, or similar standardized
features; 2) the same or standardized employee uniforms; or 3) the
same or standardized array of services and/or merchandise.
When used in the context of a lot, frontage is the part of
the lot that abuts a street. When used in the context of a building,
frontage is the part of the building that faces a street. Synonymous
with "front facade." A corner lot shall be deemed to have two frontages:
the front yard frontage and the side street yard frontage.
Frontage build-out is the percentage of the width of a lot
that is required to be occupied by its building's primary facade
and, in the case of a corner lot, its secondary facade. Refer to Figure
XVI-4.
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Building elements that are located on the front building
facade and/or in the area between the front facade and the front or
side street lot line.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation. A funeral home shall not include a crematory.
See § 151-41 and Table 17.
See "mansard roof."
Any temporary sale of new and/or used goods sold from a residence
not ordinarily used for or licensed as a commercial retail establishment,
and open to the public either by announcement, invitation, or roadside
advertisement. Also referred to as porch, lawn, tag or estate sale.
A structure or portion thereof, either fully or partially
enclosed, designed and intended to be used for the parking or temporary
storage of one or more motor vehicles owned and operated by the resident
thereof, provided that no business, occupation or service is conducted
for profit therein. The term garage shall include a carport.
See "parking structure."
A group of two or more single-family, two-family, three-family,
and/or low-rise multi-family dwellings occupying a parcel of land
in single ownership and having a substantially landscaped yard or
court in common.
See "vehicle and equipment uses."
The General Municipal Law of the State of New York, Chapter 24 of the Consolidated Laws.
Stray unshielded light striking the eye that may result in
a) nuisance or annoyance such as light shining in a window; b) discomfort
causing squinting of the eyes; c) disabling vision by reducing the
ability of the eyes to see into shadows; d) reduction of visual performance.
Any department, commission, independent agency or instrumentality
of the United States, of New York State, of Dutchess County, and/or
the Village of Wappingers Falls, or any other local government.
The elevation at which the finished surface of the surrounding
lot, either naturally occurring or upon completion of any change in
contour, intersects the walls or supports of a building or other structure.
Altering surfaces to specified elevations, dimensions, and/or
slopes, including stripping, cutting, excavating, filling, stockpiling
and shaping or any combination thereof, and including the conditions
resulting from any excavation or fill.
That area of a lot open to the sky that is not included in
the lot coverage, which shall, in accordance with the requirements
of this chapter, be properly maintained with a combination of natural
(not artificial) lawn, shrubs, trees and other plant covers and related
ground covers.
See "floor area, gross."
Low-growing plants that grow in a spreading fashion to form
a more or less solid mat of vegetation, generally planted to provide
decorative landscaping or permeable cover for bare earth that prevents
soil erosion.
The first floor of a building which is located no more than
two feet below nor two feet above the average finished grade at the
center-point of the building's primary facade.
The ground floor of the side(s) of a building that faces
the street.
Directly installed in or on the ground and not attached or
affixed to an existing structure.
A conditioned space suitable for occupancy by one or more
persons for living or working.
Any limited personal service, professional service or business use customarily conducted within a dwelling or customary accessory building and carried on by the residents thereof, which is clearly incidental and secondary to the use of the premises for residential purposes and does not alter the residential character thereof, and which use shall be fully consistent with the use limitations stated in § 151-68H of this chapter. The term "home occupation" shall not include the operation of "short-term rental" as defined herein.
See "medical services."
See "lodging."
New development or redevelopment of buildings and structures
on vacant or underused lots within areas largely surrounded by developed
land.
See "lodging."
Any area of land, with or without buildings, used for the
dismantling, storage or sale of such items as parts, scrap, or salvage
of used or wrecked motor vehicles, machinery, scrap metals, waste
papers, rags, used or salvaged building materials, household appliances
or other discarded materials. A junkyard is a prohibited use in the
Village of Wappingers Falls.
A facility operated by a public or not-for-profit entity
open to the public and used for the purpose of housing books, manuscripts,
exhibits or other educational materials that are used by or loaned
to patrons of the facility, but are not normally offered for sale.
A facility engaged in manufacturing processes involving less
intense levels of fabrication and/or production such as the assembly,
fabrication, and conversion of already processed raw materials into
products, where the operational characteristics of the manufacturing
processes and the materials uses are unlikely to cause significant
impacts such as noise, smoke, fumes, odors, glare, or health and safety
hazards on surrounding land uses or the community. The premises may
include secondary retail or wholesale sales. Examples of light manufacturing/assembly
uses include:
ARTISAN/CRAFT PRODUCT MANUFACTURINGAn establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.
CLOTHING AND FABRIC PRODUCT MANUFACTURINGAn establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials, including leather, rubberized fabrics, plastics and furs. Does not include tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see "retail or service business"). Does not include the production of textile fabrics and related materials.
FURNITURE AND FIXTURES MANUFACTURING, CABINET SHOPA business that manufactures wood and metal household furniture; office furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, and wood and cabinet shops, but not sawmills or planing mills.
HANDICRAFT INDUSTRIES, SMALL-SCALE MANUFACTURINGEstablishments manufacturing and/or assembling small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; musical instruments; pens, pencils, and other office and artists' materials; sporting and athletic goods; toys; etc.
MEDIA PRODUCTIONFacilities for motion picture, television, video, sound, computer, and other communications media production.
PRINTING AND PUBLISHINGAn establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices.
See "building."
Any suitably surfaced off-street area, no part of which is
located on any street or public right-of-way, available for the loading
or unloading of goods and having direct usable access to a street.
A building, or portion thereof, in which overnight accommodation is provided for transient occupancy for compensation in accordance with § 151-67N of this chapter, and which does not include short-term rentals as defined herein. The following are types of lodging facilities:
HOTELA lodging facility with a minimum of three guest rooms and an on-site 24-7 host, and where meals may be provided.
INN/BED-AND-BREAKFASTA lodging facility which contains a dwelling unit occupied by an owner or resident manager, and in which there are a minimum of three guest rooms and a maximum of 10 guest rooms, and where meals prepared in a kitchen on site are served to guests.
A single parcel of land, whether or not located in two or
more zoning districts or municipalities, having defined boundaries
established by plat, subdivision, or as otherwise permitted by law,
to be used, developed or built upon as a unit. Also known as a "parcel"
or "parcel of land." The following describes types of lot configurations,
which are illustrated in Figure XVI-5:
CORNER LOTA lot abutting two or more intersecting streets, or upon two parts of the same street, where such streets or parts of the same street form an interior angle of less than 135°.
THROUGH LOTA lot that abuts two streets which do not intersect at the boundaries of the lot.
INTERIOR LOTA lot abutting a single street, bounded by two interior side lot lines.
FLAG LOTA lot with significantly less than the minimum required lot frontage which generally consists of a narrow private access strip (the "pole") connecting the buildable rear portion of the lot (the "flag") to the street.
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The total land area contained within the property boundaries
of one lot. Lot area is generally measured in square feet or acres.
No part of the area within any public right-of-way is included in
the computation of lot area.
That portion of a lot, expressed as a percentage, that is
or may be covered by the combined area of all buildings, structures,
and all other impervious surfaces that prevent or impede the entry
of water into the soils, including, but not limited to, roads, parking
lots and parking areas, driveways, sidewalks, walkways, patios, decks,
pools, sports courts, tennis courts, and all man-made surfaces regardless
of their claimed permeability. The foregoing notwithstanding, the
"porch" frontage type shall not be included in the calculation of
lot coverage in the R, VR, and VMU Districts.
The horizontal distance measured from the front lot line
to the rear lot line. For lots where the front and rear lot lines
are not parallel, the lot depth is the average horizontal distance
between the front and rear lot lines.
A line bounding a lot which divides one lot from another
lot or from a street or any other public or private space. Types of
lot lines include the following:
FRONT LOT LINEThe lot line separating a lot from the primary street right-of-way.
SIDE STREET LOT LINEThe lot line separating a lot from the side street right-of-way. A corner lot has both a front lot line and a side street lot line.
INTERIOR SIDE LOT LINEOn an interior lot, the interior side lot line is perpendicular or approximately perpendicular to the front lot line and abuts the adjacent lot(s).
REAR LOT LINEThe lot line opposite and most distant from the front lot line and that does not intersect the front lot line.
In the case of triangular or otherwise irregularly shaped lots,
the rear lot line is an assumed line at least 10 feet in length entirely
within the lot, parallel to and at a maximum distance from the front
lot line, as illustrated in Figure XVI-6.
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The horizontal distance between the side lot lines measured
at right angles to its depth at the front setback, or on a corner
lot, the horizontal distance between the interior side lot line and
side street lot line measured at the front setback. Refer to Figure
XVI-7.
MAXIMUM LOT WIDTHThe largest allowed lot width along the primary street.
MINIMUM LOT WIDTHThe smallest allowed lot width along the primary street.
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See "lot."
The smallest lot area established by this chapter on which
a use or structure may be located in a particular district.
See "lot."
The pedestrian entrance to a building located on the primary
facade.
The repair, rebuilding, or reconditioning of engines, motor
vehicles or trailers, such as transmission, drivetrain, auto body
work, frame work, welding, painting, upholstering or similar activities.
See "light manufacturing/assembly/artisan industries/makerspace."
A roof that has two slopes, where the lower slope is steeper
than the upper one. In the case of a mansard roof, the roof is four-sided,
as distinguished from a gambrel roof, which has two slopes but is
only two-sided. For the purpose of this chapter, a gambrel roof shall
be included in the definition of a mansard roof.
See "dwelling, manufactured home."
A parcel or parcels of land with single control or unified ownership that has been planned and improved for the placement of manufactured homes for residential use as set forth in § 151-65.
A small boat harbor or boat basin providing docks and/or
boat ramps, and which may include supplies and services for small
pleasure crafts and a boat club.
See "medical services."
See "medical services."
HOSPITALA major institution where people receive medical, surgical, or psychiatric treatment and nursing care, primarily on an in-patient basis, including as an integral part of the institution such related facilities as laboratories, outpatient departments, emergency rooms, training facilities, central service facilities and staff offices. The term "hospital" shall not include the terms "nursing home" or "medical clinic or lab" as defined herein.
MEDICAL CLINIC OR LABA facility other than a hospital or medical or dental office where medical, surgical and other personal health care services are provided on an outpatient basis. Examples of these uses include outpatient care facilities, urgent care facilities, and medical laboratories.
MEDICAL OR DENTAL OFFICEA facility where medical, dental, mental health, and/or other personal health care service are provided to persons on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, medical doctors, psychiatrists, psychologists, dentists, chiropractors, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under "medical clinic or lab."
A building or development that combines two or more types
of uses in the same building or on the same site.
Any use conducted or service provided by the Village of Wappingers
Falls, or any department or agency of the Village of Wappingers Falls,
including, but not limited to, water and sewer, roads, parks, public
utilities, and government buildings, but not including fire and police
stations and post offices.
A facility operated by a public or not-for-profit entity
open to the public with or without charge, used for the purposes of
collecting, preserving, exhibiting, demonstrating or interpreting
art, history, culture or scientific objects or ideas, but not including
the regular sale or distribution of the objects collected.
The official list of the Nation's historic places worthy
of preservation, as maintained by the National Parks Service.
An area of land and/or water that has a predominantly undeveloped
character, and that may be pristine, or may have been affected by
human activity such as vegetation removal, agriculture, grading or
drainage if such areas retain significant natural characteristics,
or have recovered to the extent that they contribute to the Village's
natural systems, including hydrology, vegetation, or wildlife habitat.
The purpose of nature or wildlife preserve is to provide a scenic,
aesthetic appearance and/or to protect natural processes and wildlife,
provide passive recreational uses, and/or maintain natural vegetation.
An establishment where alcoholic beverages are sold for on-site
consumption and where entertainment is provided, examples of which
include live music and/or dancing, and comedy.
Any building or structure or part thereof that does not conform
to the current dimensional regulations or other requirements for the
district in which the building or structure is located.
Any building or structure that was legally established prior
to the effective date of this chapter or any subsequent amendments
thereto, but that does not conform to the current dimensional regulations
or other requirements for the district in which the building or structure
is located.
Any lot that was legally established prior to the effective
date of this chapter or any subsequent amendments thereto, but that
does not conform to the current regulations for the district in which
it is located due to the enactment of this chapter, subsequent amendments
thereto, or eminent domain.
Any lot which is made a nonconforming lot by the enactment
of this chapter, subsequent amendments thereto, or by eminent domain.
Any use of a building, structure or lot which does not conform
to the current use regulations for the district in which such use
is located.
Any use of a building, structure or lot that was legally
established prior to the effective date of this chapter or any subsequent
amendments thereto, but that does not conform to the current use regulations
for the district in which such use is located.
A school organized for the purpose of educating a group or
groups of six or more children fewer than five years of age that is
registered with the New York State Education Department. A nursery
school or pre-kindergarten is a type of school and is permitted wherever
that use is permitted.
A building or part thereof used for the purpose of conducting
a business or wherein services are performed involving predominantly
administrative, professional or clerical operations, such as offices
of attorneys, architects, engineers and similar professions. A business
or professional office excludes any other use specifically defined
in this chapter.
See "medical services."
An unoccupied space open to the sky on the same lot with
a building.
An outside area adjacent to an establishment selling food
and/or drink on which food and/or drinks are served to patrons of
the establishment.
The storage of materials or equipment outside of any building
or structure.
A district superimposed on one or more established zoning
districts and shown on the Zoning Map or described within this chapter,
within which are imposed requirements that apply in addition to or
in place of the regulations of the underlying zoning district. Development
within an overlay district must conform to the requirements of the
underlying district as modified by the overlay district.
A person or entity that possesses an ownership interest in
real or personal property, or, if the ownership of real property is
held in trust, the beneficiary of such trust.
An individual who holds an ownership interest in the premises
or is the beneficiary of a trust that holds fee title to the premises
and who actually lives or dwells in a dwelling unit situated therein.
See "lot."
A privately owned area of land, with or without structures,
improved and maintained by a private entity for the express use and
enjoyment of its members for active or passive recreation.
A publicly owned or controlled area of land, with or without
structures, improved and maintained by a government entity for the
express use and enjoyment by the general public for active or passive
recreation.
An off-street open area containing one or more parking spaces
with accessways and driveways appurtenant thereto, used for the temporary
storage of operable motor vehicles.
An area of land, not less than nine feet by 18 feet, excluding
accessways and driveways thereto, which is out of the public right-of-way,
has a direct and permanent means of access to a street, and is available
and adequately improved for the parking or temporary storage of one
motor vehicle.
An underground or above-ground structure, or portion thereof,
constructed and used for the parking or temporary storage of motor
vehicles, available to the general public in return for direct or
indirect compensation. A parking structure does not include a private
garage.
A parking system in which a hydraulic lift transports cars
vertically in order to park cars one above the other. The term does
not include a "parking structure."
The placement of parking spaces in a parallel line, one in
back of the other, such that one or more spaces must be driven across
in order to access another parking space or spaces. Refer to Figure
XVI-8.
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A wall common to and separating two buildings, constructed
of noncombustible material, with a fire-resistance rating of not less
than two hours.
An uncovered flat platform of earth with or without a surface
material or retaining walls.
A route between two points intended and suitable for pedestrian
use. Pedestrian connections include, but are not limited to, sidewalks,
paths, walkways, stairways, and pedestrian bridges.
Any individual, firm, partnership, trust, company, association,
corporation, two or more persons having a joint interest, Village,
state or federal government and any agency thereof, or any other legal
entity.
A structure or place in which worship, ceremonies, rituals
and education pertaining to a particular system of beliefs are held,
together with its accessory buildings and uses (including buildings
used for educational and recreational activities), operated, maintained,
and controlled under the direction of a recognized religious body
organized to sustain public worship. Examples include churches, mosques,
synagogues, temples, or other places of worship. Accessory uses may
include, but are not limited to, school facilities, parking, caretaker's
housing, pastor's housing, group living facilities such as convents
or monasteries, community centers, and existing cemeteries.
An establishment engaged in the production and sale of plants,
trees, and other nursery products, grown either in containers or in
the soil on site, including related lawn care, landscaping and gardening
products, for retail sales and incidental wholesale trade.
See § 151-41 and Table 13.
A semi-trailer, truck box, shipping container, storage pod,
or other similar container placed on a property for use as accessory
storage. Dumpsters or roll-off containers used for the temporary storage
of solid waste shall not be included under this definition.
A single lot, plot or parcel of land that has been assigned
its own parcel identification number, together with all structures
and uses thereon.
The front yard and side street yard setback of 80% of existing
principal buildings on the same block face.
See "facade."
The domicile and principal dwelling that a person inhabits
and resides in for the majority of the year. If title to the property
is not held in the name of a natural person, then the following shall
apply: if the property is held in the name of a trust, the person
that inhabits the residence must be a grantor or a beneficiary of
the trust; if the property is held by an entity other than a trust
(corporation, limited liability company, partnership, etc.), the resident
must be a majority owner of the entity.
See "street."
The building in which the principal use of the lot is conducted.
In zoning districts where more than one principal use is permitted
on a lot, there may be more than one principal building on the lot.
The main or primary purpose or purposes for which land and/or
structure(s) are designed, arranged or intended or for which such
land use or structure(s) may be occupied or maintained under this
chapter.
Any use which is not listed as a permitted use, special permit
use, or permitted accessory or temporary use in the District Schedule
of Uses[5] of this chapter shall be considered a prohibited use hereunder
in all zoning districts.
Buildings and facilities for the provision and distribution
of public utilities, including without limitation water, sewer, storm
drainage, electric, and gas services, by a regulated utility or a
public or quasi-public entity, but not including the United States,
a state or any political subdivision of a state, of a size and scale
found only in scattered sites throughout the Village. This use includes
but is not limited to electric transmission lines over 100 kilovolts,
electric power substations, gas substations, regional stormwater drainage
facilities, water treatment plants, sewer treatment plants, and public
utility service centers. This use shall not include hydropower facilities.
The erection, construction, alteration or maintenance, by
public utilities, of underground or overhead gas, electrical, steam
or water transmission or distribution systems, including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by such entities or for the public
health or safety or general welfare, but not including buildings.
This use shall include hydropower facilities.
A location or structure owned by a government or government
subdivision or agency, that is accessible to the public, where the
primary purpose is to provide recreational opportunities or services
to children or adolescents of whom the primary population is reasonably
expected to be 17 years of age or younger.
INDOOR RECREATION FACILITYAn establishment that provides recreational activities conducted entirely indoors for a fee or admission charge, including: amusement arcades, bowling alleys, roller and ice skating rinks, miniature golf, skateboarding, gymnastics, billiards, paintball, laser tag, and other similar recreations or pastimes.
AMUSEMENT ARCADEAn establishment or part thereof providing three or more coin-, token- or otherwise operated electronic game machines or amusement devices, located fully indoors, the use of which results in video, electronic or mechanical displays of operations, and including, but not limited to, the types commonly known as video games, pinball machines, baseball/football arcade games, where the use of such devices is a primary use of the premises. Two or fewer such electronic games or amusement devices are considered accessory to the principal use and shall not be included in the definition of "amusement arcade."
OUTDOOR RECREATION FACILITYA facility, where a fee may be charged, providing recreational activities particularly oriented to and utilizing the outdoor character of an area, and which does not depend on amusement devices or rides. This use may include trails (such as cross-country skiing, hiking, bicycling, and horse trails), and outdoor areas for activities such as soccer, baseball, football, tennis and water-related activities, but shall not include rod and gun clubs, archery ranges, pistol ranges, shooting ranges, and facilities for outdoor use of bikes, jeeps, all-terrain vehicles, go-carts and other similar vehicles.
ACCESSORY USESAll of the above recreation facility uses may include accessory uses such as a snack bar, cafe or restaurant, the retail sale of related sports and pastime items, and other support facilities.
EXCLUSIONSRecreation facilities do not include a stadium or arena, nor do they refer to a building, room or area designed or used primarily for the presentation to the general public of plays, dance performances, music or cinema.
A vehicle towed or self-propelled on its own chassis or attached
to the chassis of another vehicle and designed or used for temporary
living, camping, travel, recreation or sporting purposes. The term
"recreational vehicle" shall include, but not be limited to, trailer,
pickup campers, camping trailer, boat or snowmobile trailer, converted
trucks and buses, and similar vehicles.
A walled or fenced structure for trash and recycling containers
with one or more gates.
Changes made to a structure that are not merely repairs resulting
from normal wear and tear, but involve a change in design, size, building
materials, or outward architectural appearance of the structure.
The following zoning districts, as established in Article II, shall be deemed residential districts: R, VR.
An establishment where food and drink are prepared and sold
for on- or off-premises consumption. These include eating establishments
where customers are served from a walk-up ordering counter for either
on- or off-premises consumption ("counter service"), and establishments
where customers are served food at their tables for on-premises consumption
("table service"), that may also provide for take-out, but does not
include a "drive-through facility," a "bar or tavern," or a "nightclub,"
which are separately defined and regulated. Any bar area in a restaurant
shall be secondary and incidental to food service, and any restaurant
that serves alcohol for more than one hour after the normal menu food
service has closed shall be classified as a bar or tavern
A shop or store that sells or rents goods or merchandise
to the general public for personal or household consumption, but not
including sale to another business for resale purposes. A "retail
business" shall include an art gallery, but shall not include a "convenience
store" or any other use that is specifically defined in this chapter.
An area of land dedicated, deeded or granted to the public
to accommodate public uses such as a portion of a transportation system
or public utility system. Examples of "rights-of-way" include transportation
routes for motor vehicles, pedestrians, bicycles, and transit, and
public utility corridors for water, sewer, and storm water lines,
and for power lines and gas lines where adequate public utility easements
are not available.
A group or association of people organized for the purpose
of engaging in recreational activities, such as hunting, fishing,
target shooting, trapshooting, and skeet shooting on a parcel of land,
conducted exclusively by and for club members and their guests, characterized
by membership qualifications, payment of fees or dues and a constitution
and bylaws. A rod and gun club shall not include a wildlife preserve.
A public or private academic educational institution, including
elementary (kindergarten through 6th grade), middle and junior high
schools (7th and 8th grades), secondary and high schools (9th through
12th grades), and facilities that provide any combination of those
levels. May also include any of these schools that also provide room
and board. Does not include pre-schools/nursery schools and day-care
facilities (see "child day care").
Small-scale facilities that provide individual and group
instruction, education and/or training, including tutoring and vocational
training in limited subjects, such as: martial arts training studios;
gymnastics instruction, and aerobics and gymnastics studios with no
other fitness facilities or equipment; production studios for individual
musicians, painters, sculptors, photographers, and other artists;
business, secretarial, and vocational school; computers and electronics
school; driver education school; language school.
A visual barrier, including fences, walls, vegetated barriers,
and enclosures.
A fixed or portable table, counter, cart, or similar work
station primarily used to prepare, mix, serve, and sell alcohol that
is picked up by employees or customers. Customers may not be seated
or allowed to consume food or alcohol at a service bar.
Establishments that provide personal and commercial services,
without outdoor storage needs, including, but not limited to:
AGENCY SERVICESEstablishments that provide services directly to consumers, such as employment agencies, insurance agent offices, real estate offices, and travel agencies.
BANK/FINANCIAL SERVICESFinancial institutions, such as banks and trust companies, credit agencies, securities/commodity contract brokers and dealers, security and commodity exchanges, and other investment companies. Includes ATM facilities (see "ATM").
BUSINESS SUPPORT SERVICESEstablishment that provide services to other businesses, such as computer-related services, copying, quick printing, and blueprinting services.
PERSONAL SERVICESEstablishments that provide nonmedical services to individuals as a primary use, such as barber and beauty shops, tattoo and piercing studios, clothing rental, dry-cleaning pick-up stores, home electronics and small appliance repair, locksmiths, massage (licensed, therapeutic, nonsexual), nail salons, shoe repair shops, tailors and dressmakers, tanning salons. These uses may also include accessory retail sales of products related to the services provided.
EXCLUSIONSA service business shall exclude laundromat, a dry-cleaning plant, and any other use that is specifically defined in this chapter.
See "yards and setbacks."
An accessory structure used for storage, not including the
storage of a motor vehicle, less than 144 square feet in gross floor
area, and a maximum of 15 feet high measured from the average grade
to the roof's ridgeline. The term "shed" shall not include a
portable storage container as defined herein.
See § 151-41 and Table 15.
The mean high water mark at which land adjoins the waters
of lakes, ponds, rivers and streams within the Village.
A detached single-family dwelling or portion thereof made
available for rent or lease, or otherwise assigned, for an occupancy
of fewer than 30 consecutive days. The term "short-term rental" does
not include dormitories, hotels, inns, bed-and-breakfast establishments,
or boardinghouses or rooming houses as regulated by the Village of
Wappingers Falls Zoning Law, and does not include the use of any accessory
structure(s) for dwelling purposes. The following are types of short-term
rentals:
HOSTED SHORT-TERM RENTALA short-term rental where the resident who lives in the dwelling is residing in the dwelling overnight with their guest(s).
UNHOSTED SHORT-TERM RENTALA short-term rental where the resident who lives in the dwelling is not present in the dwelling overnight with their guest(s). Unhosted short-term rentals are prohibited in the Village.
A woody plant, smaller than a tree, consisting of several
small stems emerging from the ground, or small branches near the ground.
Shrubs may be deciduous or evergreen.
See "street."
Any object or device containing words, letters, numerals,
figures, emblems, logos, symbols, trademarks, illustrations, trademark
colors, and/or other means of communication when placed in view of
the general public and visible to the public right-of-way or other
properties, including the sign structure and the sign face area, of
which the effect produced is to advertise, announce, communicate,
identify, declare, demonstrate, direct, display, and/or instruct potential
users of a use, product, business, and/or service.
ABANDONED SIGNA permitted sign that was erected on property in conjunction with a particular use which has been inactive or discontinued for a period of 30 consecutive calendar days, or a permitted temporary sign for which the permit has expired.
FRAME SIGN— A movable sign shaped like an "A" with a sign panel on one or both sides supported by the sign structure, intended to be placed on a hard surface, most commonly a sidewalk. See Figure XVI-9.
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ANIMATED SIGNA sign, or any part thereof, which includes changes in illumination or color to depict action or motion, or the optical illusion of action or motion. Animated signs include, but are not limited to, video screens, televisions screens, plasma screens, and holographic displays, but do not include electronic message signs.
ATTACHED SIGNA permanent sign displayed upon or attached to any part of the exterior of a building, including walls, windows, or awnings.
AWNING SIGNA sign that is mounted, painted, printed, or otherwise applied on or attached to an awning. See Figure XVI-10.
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BALLOONAny air or gas filled device used for the purposes of signage or advertising.
BANNER SIGNA temporary advertising sign made of cloth, paper or fabric of any kind, with only such nonrigid material for backing.
CABINET SIGNA sign that contains all the sign copy within a single enclosed cabinet or box and which may or may not be illuminated.
CANOPY SIGNA sign that is mounted, painted, printed, or otherwise applied on or attached to or forms a part of a canopy.
COMMEMORATIVE SIGNA sign, tablet, or plaque commemorating or memorializing a person, event, structure, or site.
DIRECTIONAL SIGNAn on-premises noncommercial sign whose message is exclusively limited to directing the movement or placement of pedestrian or vehicular traffic. Directional signs shall not contain logos.
DIRECTORY SIGNA sign located on the interior of a lot listing the names and/or locations of one or more entities located within a building or group of buildings on the lot.
DOUBLE-FACED SIGNA sign designed to be viewed from two directions and which at no point is thicker than 24 inches measured from the exterior surface of each face, and the two faces of the sign coincide and are either parallel or the angle between them is 20° or less.
ELECTRONIC MESSAGE SIGNA sign or component of a sign that uses illumination systems or other similar electronic components to form a fixed or changing display that is electronically programmed and may be modified by electronic processes.
FLAGA sign made of a fabric type of material secured on one side from a flagpole such that the sign material hangs limply or drooping when not set in motion by the movement of air.
FLASHING SIGN. Any illuminated or electrical sign on or in which
the artificial light is not maintained stationary or constant in intensity
and color at all times when such is in use. Any moving, illuminated
sign shall be considered a "flashing sign." This definition shall
not include electronic message signs.
FREESTANDING SIGNA nonportable sign that is mounted on a self-supporting base, post(s), or pole(s) that is erected on or anchored in the ground where no part of the sign is attached to any part of a building. Freestanding signs include monument, post-and-arm, pylon, and two-post signs.
ILLUMINATED SIGNA sign with an artificial source of light incorporated internally or externally for illuminating the sign.
ILLUMINATED SIGN, EXTERNALIllumination of a sign or any part thereof by a source of light not contained within the sign itself.
ILLUMINATED SIGN, INTERNALA sign or any part thereof which is illuminated by a light source that is contained within the sign itself where the message area is luminous, including cabinet signs, backlit signs, channel-lit letter signs, and neon/LED tubing signs.
BACKLIT SIGNAn illuminated sign whose lighting source is located behind the letters and where the letters do not transmit any light, but all illumination comes around the dark letters by means of a translucent material.
NEON/LED TUBE SIGNAn internally illuminated sign consisting of a transparent tubing usually made of glass which is bent to form letters, symbols, or other shapes through which an electrical voltage is discharged, or in which some other device such as LED tubing is used to simulate a neon tube and neon tube illumination.
INFLATABLE SIGNAn object or device that can be filled with air or gas and constructed so as to resemble an animal, figure or other object when inflated, and is installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an evert.
MANUAL CHANGEABLE COPY SIGNA sign or portion thereof on which sign copy can be changed or rearranged manually in the field, through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels.
MONUMENT SIGNA freestanding sign constructed on the ground, typically with a continuous footing or foundation, supported entirely by a base structure, and not mounted on one or more poles. See Figure XVI-11.
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MOVING SIGNSA sign, or any part thereof, which changes physical position by means of movement or rotation, or that has swinging, spinning or moving parts.
NEON/LED TUBE SIGNSee "illuminated sign."
NONCOMMERCIAL SIGNA sign that does not serve to identify, advertise or promote any business, product, or service.
NONCONFORMING SIGNA sign lawfully in existence in the Village as of the effective date of this chapter or any subsequent amendments hereto, which does not conform to the requirements of this article.
OFF-PREMISES SIGNA sign promoting a land use, business, activity, product or service not located or available upon the premises whereon the sign is located.
ON-PREMISES SIGNA sign relating in its subject matter to the premises on which it is located or to products, accommodations or activities available on the premises where the sign is located. A sign bearing a noncommercial message is an on-premises sign.
ORDER STATION SIGNA sign erected in conjunction with a drive-through facility, and generally used to provide service and/or product options and pricing for patrons who remain in a vehicle.
PENNANTA device made of flexible materials, such as cloth, paper or plastic, that may or may not contain copy, and which is installed for attracting attention.
PERMANENT SIGNA sign constructed of durable materials and affixed, lettered, attached to or placed upon a fixed, nonmovable, nonportable supporting structure.
PORTABLE SIGNA sign that is designed to be easily moved from one location to another and, when placed, is neither fastened to a permanent structure or building, nor mounted in the ground. This definition shall not apply to A-frame signs or signs or lettering on buses, taxis, or vehicles operating during the normal course of business.
POST-AND-ARM SIGNA freestanding sign where the sign is suspended from a horizontal support (the arm) that is attached to a vertical support (the post) mounted in the ground. See Figure XVI-12.
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PROJECTING SIGNA sign attached to and projecting from the wall of a building with the display surface of the sign perpendicular to the building wall. See Figure XVI-13.
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PYLON SIGNA freestanding sign that is mounted on a pole so that the bottom edge of the sign face is six feet or more above finished grade. See Figure XVI-14.
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ROOF SIGNA sign which is mounted upon the roof of a building, or upon a structure located on the roof of a building such as penthouse walls or mechanical enclosures, or which extends above the top edge of the wall or parapet (whichever is higher) of a flat-roofed building, or above the lowest edge of the eaves of a building with a hip, gambrel, shed, gable, or mansard roof. See Figure XVI-15.
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ROTATING SIGNAny sign which revolves around one or more fixed areas.
SEASONAL SIGNAny sign that is displayed for a specified period of time related to a seasonal business.
SIGN ALTERATIONAny change of sign face, color, size, shape, illumination, position location, construction or supporting structure of any sign.
SIGN CLEARANCESee § 151-51E of this chapter.
SIGN COPYThe words, letters, numerals, figures, emblems, logos, symbols, trademarks, illustrations, and/or other means of communication which compose the message displayed upon the sign face.
SIGN FACEThe area or display surface used for the sign copy.
SIGN HEIGHTSee § 151-51E of this chapter.
SIGN MESSAGEThe thought or idea conveyed or expressed by the sign copy.
SIGN STRUCTUREA structure which is designed specifically for the purpose of supporting a sign, including, but not limited to, the supports, uprights, braces, wires or components attached to or placed around the sign structure.
SITE SIGNA temporary freestanding sign constructed of vinyl, plastic, wood or metal and designed or intended to be displayed for a short period of time.
SNIPE SIGNA sign which is attached in any way to a utility pole, tree, fence, or any other similar object on public or private property.
TEMPORARY COMMERCIAL SIGNA sign which is displayed before, during or after an event to which the sign relates, which event is scheduled to take place at a specific time and place.
TEMPORARY NONCOMMERCIAL SIGNA sign bearing a noncommercial message which is displayed before, during or after an event to which the sign relates, which event is scheduled to take place at a specific time and place.
TWO-POST SIGNA freestanding sign in which the sign is supported by two side posts. See Figure XVI-16.
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VEHICLE SIGNA sign attached to, painted on, or displayed on a motor vehicle or wheeled conveyance parked and visible from the public right-of-way, unless said vehicle or wheeled conveyance is used for transporting people or materials in the normal operations of the business. Signs displayed on portable storage containers as defined herein are presumed to be vehicle signs if they are parked in plain view from the right-of-way. See Figure XVI-17.
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WALL SIGNA sign attached to, painted on, or erected against the outside wall of a building, whose display surface is parallel to the face of the building. See Figure XVI-18.
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WINDOW SIGN, PERMANENTA sign which is permanently applied to, attached to, or projected upon the exterior or interior of a window or a glass door. See Figure XVI-19.
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WINDOW SIGN, TEMPORARYA sign made of temporary materials and attached to the interior of a window or a glass door.
YARD SIGNA temporary portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a short period of time.
See "trailer."
A solar photovoltaic energy or water heating system attached
to any part or type of building, such as a wall or roof, on a legally
permitted building that is either the principal or an accessory building
on a recorded lot.
A solar photovoltaic energy or water heating system installed
directly on the ground and not attached to any existing structure.
A ground-mounted solar collector is typically mounted on a pole or
series of poles constructed specifically to support the solar collector.
A use which is deemed permissible within a given zoning district,
but which may exhibit characteristics or create impacts incompatible
with other uses provided therein. The special use shall, therefore,
be subject to approval by the Planning Board in accordance with the
conditions set forth for such use, as well as other applicable provisions
of this chapter.
An open or enclosed area where sporting events or contests
are held and that provides seating for more than 300 spectators. Stadium
use also includes auditoriums and bandshells.
See § 151-41 and Table 14.
See "outdoor storage."
That portion of a building between the upper surface of any
floor and the upper surface of the floor next above, or if there is
no floor above, then the space between the upper surface of the floor
and the ceiling above or the roof rafters if there is no ceiling.
Story or stories are an internal measurement of the vertical dimension
of a building, as opposed to height which is an external measurement.
See "ground floor."
A public or approved private thoroughfare which provides
vehicular access to abutting properties.
PRIMARY STREETFor lots that front on only one street, that street is the primary street. On a through lot, the primary street is the street from which vehicular access to the lot is provided. On a corner lot, the primary street is the shortest lot line abutting a street. The forgoing notwithstanding, the Code Enforcement Officer and/or Planning Board shall have discretion to determine which street shall be the primary street based on the purposes and design intent of the district.
SIDE STREETOn a corner lot, the side street is the longest front lot line abutting a street.
The elements that constitute the physical makeup of a street
right-of-way and that as a group define its character, including building
frontage, street paving, sidewalks, and landscaping, including trees
and other plantings.
Anything constructed, installed, or erected, the use of which
requires a permanent or temporary attachment to the ground, attachment
to something located on the ground, or placement on the ground. The
term "structure" shall include, but not be limited to: buildings,
sheds, walls, fences, signs, lighting fixtures, swimming pools, poles,
and tennis courts, and any fixtures, additions and alterations thereto.
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and/or use and which
is attached thereto or is located on the same lot. The use of the
accessory structure must be commonly associated with the principal
building and/or use and must not change the character of the use or
the site. Accessory structures are not for the purpose of human habitation
and include tennis courts, swimming pools, carports, buildings such
as sheds, barns, garages, studios, greenhouses, pool houses, and playhouses,
and such elements as satellite dish antennas, outdoor refuse enclosures,
composting bins for household waste generated on the property, rain
barrels, and ground-mounted solar collectors.
The structure in which the principal use of the lot is conducted.
In zoning districts where more than one principal use is permitted
on a lot, there may be more than one principal structure on the lot.
Any artificial body of water or receptacle for water having
a depth at any point greater than 18 inches and used or intended to
be used for swimming or bathing and constructed, installed or maintained
in or above the ground out of doors. A swimming pool shall be deemed
a structure for all purposes under the provisions of this chapter.
See "bar or tavern."
A business that engages in research, or research and development,
of innovative ideas in technology-intensive fields such as computer
software, information systems, communications systems, geographic
information systems, multimedia and video technology, or in which
scientific research, development and/or experiments are conducted
and which meets all applicable federal, state, county, and Village
requirements for the control of emissions and pollutants. Development
and construction of prototypes may be associated with this use.
The temporary sale of goods or products associated with a
season or a cultural event, such as the sale of Christmas trees, pumpkins,
or seasonal produce. Such sales typically take place in locations
not devoted to such sales for the remainder of the year.
A building, or part of a building, designed or used primarily
for the presentation to the general public of plays, dance performances,
music or cinema.
Any product in leaf, flake, plug, liquid, or any other form,
containing nicotine derived from any source which is intended to enable
human consumption of the tobacco or nicotine in the product, whether
smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means. For the purposes of this chapter, the
term "tobacco product" excludes any product that has been specifically
approved by the United States Food and Drug Administration (FDA) for
sale as a tobacco/smoking cessation product or for other medical purposes,
where such product is marketed and sold solely for such an approved
purpose.
Any paraphernalia, equipment, device, or instrument that
is primarily designed or manufactured for smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other
means into the body of tobacco or nicotine products. Items or devices
classified as tobacco paraphernalia include, but are not limited to,
the following: pipes; punctured metal bowls; bongs; water bongs; electronic
pipes; electronic cigarettes (e-cigarettes); e-cigarette juice; buzz
bombs; vaporizers; vape pans; dissolvable liquids; vaporizing liquids,
oils or gels; mods; atomizers; vape tanks; coilheads; hookahs; and
devices for holding burning material.
A type of retail business that sells or distributes tobacco
or nicotine products and related paraphernalia directly to consumers.
Also known as a "smoke shop," "vape shop," or similar. A tobacco store
shall not include a cannabis retail dispensary, and does not include
the sale of cannabis.
A motor vehicle equipped with a mechanical device used to
tow, winch, or otherwise move another motor vehicle. The term does
not include a self-propelled recreational vehicle towing another vehicle;
or a motor vehicle used in combination with a tow bar, tow dolly,
or other mechanical device if the vehicle is not owned or operated
in the furtherance of a commercial enterprise; or a car hauler that
is used solely to transport motor vehicles as cargo in the course
of a prearranged shipping transaction, or for use in mining, drilling,
or construction operations.
Any vehicle not propelled by its own power, drawn or intended
to be drawn on public highways by a motor vehicle.
SMALL TRAILERA small trailer is a trailer having a body length, including hitch, not exceeding 14 feet and a body width not exceeding eight feet that is used for recreational purposes or other noncommercial use, such as a boat or snowmobile trailer, a camping trailer, or a trailer for a personal lawnmower.
A planting strip located between the sidewalk and the street
curb, or between the sidewalk and the street where there is no curb,
where street trees are planted.
An area at or near the terminus of a street or driveway,
or associated with a parking space, that allows vehicles to turn around
so as to obviate the necessity of any vehicle from backing onto a
street.
The commencement of a material disturbance of land, including
the commencement of road construction, grading, the installation of
utilities, clearing of building sites, excavation (including excavation
for the installation of foundations, footings and septic systems),
or commencement of landscaping or any other material disturbance of
land preparatory or incidental to a proposed land use or development
or subdivision.
The specific purpose for which land, water or a building
or structure is designed, arranged, intended to be or for which it
is or may be occupied or maintained. See related definitions of "accessory
use," "nonconforming use," "principal use," "special permit use,"
and "prohibited use."
GASOLINE STATIONAn establishment where petroleum products are dispensed for retail sales to motor vehicles, and which may include a canopy and/or accessory retail such as a convenience store. The term "gasoline station" shall not include "vehicle towing service" and "vehicle service facility" as defined herein.
VEHICLE SALES/RENTALA retail or wholesale establishment selling, leasing, and/or renting new or used motor vehicles. May also include as accessory uses "vehicle service facility" and the incidental sales of parts and accessories. Does not include businesses dealing exclusively in used parts, auto wrecking and/or salvage; the sale of auto parts/accessories separate from a vehicle dealership, or "vehicle towing service" as defined herein.
VEHICLE SERVICE FACILITYAn establishment used for the servicing, repair, rebuilding, or reconditioning of motor vehicle engines, transmissions, or other vehicle parts, and collision services, including body or frame straightening or repair, upholstering, and painting.
VEHICLE TOWING SERVICEA use accessory to a vehicle service facility that involves the removal and temporary storage of vehicles, but not including disposal, auto wrecking and/or salvage, or accessory storage of inoperable vehicles. The term "vehicle towing service" shall not include gasoline station or "vehicle service facility."
VEHICLE WASHAn establishment devoted to the business of washing and/or waxing vehicles, whether by automated or manual means, including both self-service and full-service.
The Village Law of the State of New York. Also referred to
as "NYS Village Law."
A wall that is more than two feet in height or exceeds 100
square feet in area.
A building or part thereof used for the storage and distribution
of goods, wares, merchandise or other commercial goods, substances
or articles of any kind. This does not include a "self-storage facility,"
"portable storage container," or "shed" as defined herein, or wholesale
or retail sales, or a regional or national distribution center.
New York State Department of Environmental Conservation designated
wetlands, federal wetlands regulated by the United States Army Corps
of Engineers, and any locally protected wetlands.
A facility for the provision of wireless communications services,
as defined by the Telecommunications Act of 1996, and usually consisting
of a tower, an equipment shelter, and/or antenna(s).
Wireless accessory structures are any building or structure
serving or being used in conjunction with a telecommunications facility,
antenna, or tower and located on the same lot as the telecommunications
facility, antenna, or tower. Examples of such structures include base
stations, utility, or transmission equipment or storage sheds.
Wireless communications antenna. An antenna designed to transmit
or receive communications as authorized by the Federal Communications
Commission, including, but not limited to, whip, panel and dish communications
antenna.
Telecommunications tower is any ground- or roof-mounted pole,
spire, structure or combination thereof designed to support antennas,
including, but not limited to, freestanding towers, guyed towers,
monopoles, and similar structures.
Co-location is the placement of wireless telecommunications
equipment from two or more different telecommunication service providers
on a single telecommunications tower. Co-location shall not be applied
to a situation where two or more telecommunications service providers
independently place equipment on an existing building.
A yard is the open space area between the closest point of
the front, rear or side wall of a principal building and the nearest
lot line. It may be equal to or greater than a setback. See Figure
XVI-20. A setback is the required minimum (and in some cases, maximum)
distance a building must be located from a lot line. Unless otherwise
permitted by this chapter, no portion of a principal building or accessory
structure may be located in a setback. See Figure XVI-20. A build-to
line is considered a required setback. A "required yard" is synonymous
with a "required setback."
FRONT YARD AND FRONT SETBACKA front yard is the yard located between the front lot line and the nearest wall of the principal building on the lot. A front setback is the setback along the primary street, the depth of which is the required minimum (and in some cases, maximum) distance between the front lot line and the closest part of a building or structure. The front yard and the front setback extend across the entire width of the lot between side lot lines measured perpendicular to the front lot line.
REAR YARD AND REAR SETBACKA rear yard is the yard located between the rear lot line and the nearest wall of the principal building on the lot. A rear setback is the setback along the rear lot line, the depth of which is the required minimum distance between the rear lot line and the closest part of a building or structure. The rear yard and rear setback extend between interior side lot lines, measured perpendicular to the rear lot line. In the case of a corner lot, the rear yard and rear setback extend between the interior side lot line and the required side street setback, measured perpendicular to the rear lot line.
INTERIOR SIDE YARD AND INTERIOR SIDE SETBACKAn interior side yard is the yard located between the interior side lot line and the nearest wall of the principal building on the lot. The interior side setback is the setback along the interior side lot line, the depth of which is the required minimum distance between the interior side lot line and the closest projection of a building or structure. The interior side yard and interior side setback extend along the interior side lot line between the front and rear yard and setback, measured perpendicular to the interior side lot line. For townhouse developments, the interior side yard and interior side setbacks are applicable to end units only. For single-family attached dwellings, the interior side yard and interior side yard setback do not apply to the lot line where the party wall is located.
SIDE STREET YARD AND SIDE STREET SETBACKA side street yard is the yard located between the side street lot line and the nearest wall of the principal building on the lot. A side street setback is the setback along the side street, the depth of which is the required minimum distance between the side street lot line and the closest projection of a building or structure. The side street yard and the side street setback extend between the front yard and the rear lot line, measured perpendicular to the side street lot line.
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The map delineating the boundaries of the various districts
established under this chapter, together with all amendments thereto
subsequently adopted.
[1]
Editor's Note: The District Schedule of Uses is included
as 151 Attachment 2 of this chapter.
[2]
Editor's Note: See 18 NYCRR Part 413, "Child Day Care Definitions,
Enforcement and Hearings."
[3]
Editor's Note: See 10 NYCRR Chapter I.
[4]
Editor's Note: The District Schedule of Uses is included
as 151 Attachment 2 of this chapter.
[5]
Editor's Note: Said schedule is included as an attachment to this chapter. See 151 Attachment 2, Table 4.
