For the purpose of this chapter, certain words and terms used
herein are specifically defined. Where words and terms are not defined,
they shall have their ordinarily accepted meanings or such as the
context may imply.
The following rules of construction apply to the language of
this chapter:
A.
The specific shall control the general.
B.
All words used in the present tense include the past and the future
tense.
C.
All words in the singular number include the plural number, and vice-versa,
unless the natural construction of the wording indicates otherwise.
D.
Words used in the masculine gender include the feminine and neuter,
and vice-versa, unless the natural construction of the wording indicates
otherwise.
E.
The word "shall" is mandatory; the word "may" is permissive.
F.
The word "includes" shall not limit a term to the specified examples
but is intended to extend its meaning to all other instances or circumstances
of like kind or character.
G.
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunction "and," "or," "either . . . or" or "and/or," the
conjunction shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions, provisions
or events shall apply.
(2)
"Or" indicates that the connected items, conditions, provisions or
events shall apply singly or in any combination.
(3)
"Either . . . or" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
(4)
"And/or" indicates that all the connected items, conditions, provisions
or events shall apply singly and in any combination.
H.
A building or structure includes any part thereof.
I.
The words "lot," "plot" and "tract of land" shall one include the
other.
J.
The word "premises" shall include land and any buildings thereon.
K.
The word "occupied" or "used" shall be considered to be followed
by the words "or intended, arranged or designed to be occupied or
used," unless the natural construction of the wording indicates otherwise.
L.
References made to officials and official bodies shall mean officials
and official bodies of the City of Mount Vernon, unless the natural
construction of the wording indicates otherwise.
M.
Unless otherwise specified, all distances shall be measured horizontally.
N.
In case of any difference of meaning or implication between the text
of this chapter and any caption or illustration, the text shall control.
As used in this chapter, the following terms shall have the
meanings indicated:
A use which is customarily incidental and subordinate to
the principal use on the same lot therewith, except that where specifically
so provided, accessory off-street parking need not be located on the
same lot.
A business establishment with any one of the following: adult
entertainment store, adult live entertainment business or adult motion-picture
show as defined in this chapter. This definition shall not include
adult massage establishments or adult hotels or motels or sexual encounter
establishments which are expressly prohibited in Mount Vernon, and
which are defined below.
Any one of the following items: books, magazines, periodicals
or other printed matter; photographs, films, motion pictures, video
cassettes, slides, compact disks or other visual representations;
audio tapes, cassettes, records, compact disks or other audio representations
or any other similar material that are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; or instruments, devices or paraphernalia
that are designed for use in connection with specified sexual activities.
An establishment that has a significant amount or more than
25% of its stock-in-trade or more than 20 square feet of public sales
space devoted to the sale, distribution, rent or for any form of consideration
adult entertainment merchandise as defined herein. Adult entertainment
merchandise offered for sale, rent or other consideration is not used,
read, viewed or otherwise consumed on the premises.
A hotel or motel or similar commercial establishment which
offers a sleeping room for rent for a period of time that is less
than 10 hours or allows a tenant or occupant of a sleeping room to
subrent the room for a period of time that is less than 10 hours.
These establishments are prohibited in the City of Mount Vernon because
they may encourage unlawful activity to occur. (See New York State
Penal Code, Article 230). This definition shall not be interpreted
to include conventional hotels and motels, which are rented on an
overnight basis, normally for a twenty-four-hour period for the convenience
of travelers.
A nightclub, bar, restaurant or any type of business establishment
that features live performances or any employees or subcontractees
that are characterized by the exposure of specified anatomical areas
or specified sexual activities, whether or not the live performances
are considered incidental to the primary operations of the business,
and whether or not the employee or subcontractee is normally considered
an entertainer.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. These massages are normally
given to provide sexual stimulation or satisfaction to paying customers.
This definition shall not be construed to include such health-related
facilities as a hospital, nursing home, medical clinic, health club
or the office of any health-care massage practitioner duly licensed
by the State of New York, nor barber shops or beauty parlors in which
massages are administered to the scalp, face, neck or shoulders, nor
a nonprofit organization operating a community center, swimming pool,
tennis court or other educational athletic facilities for the welfare
of the residents of the area. Adult massage establishments are expressly
prohibited in the City of Mount Vernon because they may encourage
unlawful activity to occur. (See New York State Penal Code, Article
230).
Any establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides or similar photographic reproductions
are shown to patrons that are characterized by an emphasis on the
depiction or description of specified sexual activities or specified
anatomical areas.
A planned residential development for senior citizens, which
consists of multifamily dwelling units or single-family units, in
which each individual living unit contains a kitchen and bathroom,
and which include universal design features and are handicap adaptable,
and that may provide social and recreational activities for its residents
and may provide supportive amenities such as dining programs, transportation,
linen services, housekeeping services, beauty parlors, libraries,
convenience stores or cafes, swimming pools, computer rooms, and other
similar activities and amenities, with such activities and amenities
being provided within the same structure as the dwelling units or
in an accessory space or building dedicated for those purposes.
To change, enlarge or rearrange the structural parts, either
interior or exterior, or the exit or entrance facilities of a structure
or to move a building from one location or position to another or
to modify the construction of a building or its building equipment.
A building for the medical and/or surgical care of animals.
The application form and all accompanying documents and exhibits
required of an applicant by an approving agency for review.
Physical conditions and use of a building, structure, land
or part thereof, approved under a valid permit issued by the Department
of Buildings.
A multiunit residential facility constructed, operated, and
providing oversight pursuant to Article 46-B of New York State Public
Health Law (Assisted Living Reform Act of 2004), NYCRR Title 10, Section
4662, Part 1001.
That part of a building between the uppermost story and the
roof.
Refers to an off-street parking facility or public parking
garage where vehicular storage and retrieval within such facility
is accomplished entirely through a mechanical conveyance system. A
parking facility with parking lift systems that require an attendant
to maneuver a vehicle that is to be parked shall not be considered
an automated parking facility.
[Added 4-30-2021, approved 4-30-2021]
A business enterprise primarily engaged in the retail sale
of alcoholic beverages, such as beer, wine or liquor to patrons seated
at a table or counter, served for consumption on the premises.
The base height of a building is the permitted height of
the facade facing a street, otherwise known as the front wall or street
wall, of a building before any building step-back is required as specified
by certain zoning districts.
Land maintained in either a natural or landscaped state and
used to screen and/or mitigate the impacts of development on surrounding
areas, properties, or rights-of-way.
[Added 11-10-2021, approved 11-11-2021]
Any structure having a roof, self-supporting or supported
by columns, walls, air pressure or similar supports, which is affixed
to the ground and intended for the housing or enclosure of persons,
animals or chattel.
The maximum horizontal cross-section of a building, including
roofed-over porches, decks and balconies more than three feet above
the average adjoining ground elevation, but excluding cornices, roof
overhangs or gutters projecting not more than three feet from the
exterior building wall.
The percentage of lot area covered by the combined building
area of all buildings on a lot.
The vertical distance from grade to the level of the highest
point of the roof if the roof is flat or mansard, or to the mean level
between the eaves and the highest point of the roof if the roof is
of any other type.
The horizontal distance measured between the furthermost
exterior of the finished walls of the building in a generally perpendicular
direction.
A building subordinate to the principal building or buildings
on the lot and used for purposes customarily incidental to that of
the principal building. When an accessory building is attached to
the principal building in a substantial manner, as by a wall or roof,
such accessory building shall be considered part of the principal
building.
A building in which is conducted the principal use of the
lot on which said building is located.
A building step-back is the distance, as specified by certain
zoning districts, that a portion of a building is recessed from the
facade, rather than a lot line. A building step-back is required for
the portion of a building above the base height, as specified by certain
zoning districts, only when the building height will exceed the specified
base height.
Exposed outside storage of sand, lumber, coal, mulch, gravel,
stone, soil, aggregate, wood chips, earth materials, or other bulk
materials, and bulk storage of liquids in tanks.
[Added 11-10-2021, approved 11-11-2021]
A facility and/or program, managed by public and/or private
agencies, established to nurture young (startup) firms during their
early months or years. It provides affordable space/shared offices
and a combination of services, including hands-on management training,
marketing support and access to financing, etc.
[Added 4-30-2021, approved 4-30-2021]
A car wash is an establishment engaged in washing, waxing,
and/or polishing of motor vehicles or in furnishing facilities for
the self-service washing of motor vehicles.
A business enterprise engaged in preparing and serving food
and beverages selected in advance for a predetermined number of people,
often large in number, at a specified time, including, but not limited
to, the provision of live or mechanical entertainment and dancing.
A certificate issued by the Commissioner of the Department
of Buildings upon completion of the construction of a new building
or addition or upon a change in the use of a building or use of the
land which certifies that all requirements of this chapter the City
Code and the New York State Uniform Code have been complied with and
authorizes the occupancy of the premises in accordance with such certificate
and all applicable codes rules and regulations. When the term "certificate
of occupancy" is used in this chapter, it shall be deemed to include
the term "certificate of tenancy and "letter of completion" where
such may be appropriate.
A certificate of occupancy issued by the Commissioner of
the Department of Buildings for a tenancy space. The certificate of
tenancy is issued to the business owner and authorizes the occupancy
of the tenancy space in accordance with such certificate and all applicable
codes rules and regulations.
Any change in the use of a building or land which results
in a different use classification or use nomenclature in the lists
of use regulations listed in this chapter.
A street that provides both land access service and traffic
circulation within residential neighborhoods, commercial and industrial
areas. The collector street also collects traffic from local streets
in residential neighborhoods and channels it into the arterial system,
as defined by New York State.
[Added 4-30-2021, approved 4-30-2021]
A commercial corridor is a concentration of parcels that
have commercial, retail and mixed uses, which serve a common trade
area and surround and/or lie along a single street.
A structure, lot, room or dedicated space used principally
by the community for clubs, fraternities, organizations and other
types of social groups for the purposes of providing a meeting place.
A building or portion thereof used and occupied by a not-for-profit
or membership corporation providing charitable, recreation, entertainment,
guidance, counseling or other similar services, amenities, and facilities
on a nonprofit basis similar to organizations commonly described as
"YMs," "YWs," "Boys and Girls Clubs," "Scout groups" and other fraternal
membership groups. This definition does not include community centers,
which provide meeting places for social groups.
[Amended 4-30-2021, approved 4-30-2021]
A modular or portable structure located on the premises of
a construction project and used primarily to accommodate temporary
offices for developers and contractors during a construction project.
May include eating facilities and meeting space. Construction trailers
may not be occupied overnight by employees or security personnel,
and may not be utilized as a construction equipment storage container.
[Added 11-10-2021, approved 11-11-2021]
See "change of use."
An open, uncovered and unoccupied space, bounded on two or
more sides by the walls of a building. An inner court is a court entirely
surrounded by the exterior walls of one or more buildings. All other
courts are outer courts.
See "building coverage" and "impervious coverage."
A facility, operated by a public, private, or nonprofit organization,
that is open to the public and has as its primary purpose the advancement
and preservation of culture and arts.
[Added 11-10-2021, approved 11-11-2021]
Services to the general public for personal or household
use such as beauty salon, barber shop, spa, exercise outfit, tailoring,
upholstery repair, household appliances repairs, etc.
A program, licensed by the New York State Department of Social
Services, which provides care for three or more children away from
their home for more than three hours per day, excluding those children
receiving family day care, or group family day care as defined in
this section.
Within the context of land use law, an applicant may obtain
an exception to the City's zoning ordinance when there is only a minor
deviation from the zoning ordinance and rigid compliance is not necessary
to protect the public policy concerns inherent in the ordinance. A
de minimis exception may generally be considered to be 10% or less
of what is permitted under the zoning variance.
The number of residential units allowed on a parcel based
on the lot area dwelling unit requirements specified in the zone district.
A density increase over the otherwise maximum allowable residential
density under the applicable Zoning Ordinance as of the date of application
by the developer to the City.
See "waivers."
The construction, reconstruction, conversion, structural
alternation, relocation, or enlargement of any structure; any mine,
excavation, landfill or land disturbance; and/or any change in use,
or alteration or extension of the use, of land.
[Added 11-10-2021, approved 11-11-2021]
Any container (other than a conventional trash barrel) intended
for the temporary storage of rubbish, garbage, trash, or refuse of
any sort and designed to be hoisted and emptied into a truck for removal.
[Added 11-10-2021, approved 11-11-2021]
A building containing one or more dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family, including independent cooking, sanitary
and sleeping facilities.
A dwelling unit sharing one or more common side or rear walls
with another dwelling unit or units, but occupying the entire volume
within its portion of the building from the lowest level to the roof
and having its own separate entrance or entrances to the outside.
This type of dwelling unit is also sometimes known as a "townhouse."
A dwelling unit located in its own separate building which
does not abut any other dwelling.
A dwelling containing three or more dwelling units, or a
part of a mixed-use building containing three or more dwelling units.
A dwelling containing only one principal dwelling unit.
A dwelling containing only two principal dwelling units,
whether located side by side or in any other manner.
A school (including a technical, trade, or vocational school)
that is: operated or directly supported by the United States; operated
or directly supported by any state or local government or by a political
subdivision of any state or local governments; or approved by a state
agency or subdivision of the state, or accredited by a state recognized
or nationally recognized accrediting body.
[Added 11-10-2021, approved 11-11-2021]
Enriched housing is defined in New York State law (NYCRR,
Title 18, Chapter II, Subchapter D) as an adult care facility and
is licensed and overseen by the New York State Department of Health.
An enriched housing program is an adult-care facility established
and operated for the purposes of providing long-term residential care
to five or more adults, primarily persons 65 years of age or older,
in community-integrated settings resembling independent housing units.
Such a program provides or arranges the provision of room, and provides
board, housekeeping, personal care and supervision.
Stores in which shoppers experience the products in addition
to the typical selling and buying of products.
[Added 4-30-2021, approved 4-30-2021]
One or more persons having a common domestic bond who live
together in one dwelling unit as a traditional family or its functional
equivalent, headed by one or more resident persons who have the authority
over the care, functioning or management of their common household.
A floating overlay zone is a zoning designation that is unmapped
on the Official Zoning Map that at the discretion of the City Council
may be superimposed on one or more qualifying parcels of land to impose
supplemental restrictions on uses within the district, permit specific
uses that are otherwise not permitted or implement incentives while
retaining the underlying zoning to foster development. Floating overlay
zones can be affixed to qualifying parcel(s) by the application of
the owner of a parcel or by the City Council initiative. Upon approval,
the parcel(s) is governed by the uses, dimensions and other provisions
under the Floating Overlay Zone Ordinance.
A floating zone is a zoning designation that is unmapped
on the Official Zoning Map that at the discretion of the City Council
may be superimposed on one or more qualifying parcels of land to impose
supplemental restrictions on uses within the district, permit specific
uses that are otherwise not permitted or implement incentives to foster
development. Floating zones can be affixed to qualifying parcel(s)
by the application of the owner of a parcel or by the City Council
initiative. Upon approval, the parcel(s) is governed by the uses,
dimensions and other provisions under the Floating Zone Ordinance.
The horizontal area of a story of a building, measured from
the exterior faces of exterior walls, or in the case of a common wall
separating two buildings, from the center line of such common walls,
but excluding unroofed porches, balconies, raised platforms, roof
overhangs, gutters and chimneys.
The gross floor area divided by the lot area.
The sum of the floor areas of all stories of all principal
buildings on a lot, excluding floor area used for accessory off-street
parking purposes.
The average level of the ground surrounding and 10 feet distant
from the exterior walls of the building, but within the property.
The floor of a building at or nearest street level.
Membership facilities designed and used for body conditioning
and rehabilitation, including activities such as aerobic and related
class exercises. Health clubs may contain equipment such as whirlpools,
saunas, steam rooms, showers, locker facilities and, as an accessory
use, a health food bar.
An occupation of a service character accessory to and customarily
incidental to the use of a dwelling unit by a resident thereof, the
conduct of which is clearly secondary to the use of the dwelling unit
for living purposes, does not change the character thereof or have
any exterior evidence of such secondary use and does not involve the
keeping of stock of merchandise for sale in connection therewith.
Tutoring and instruction, including art, music, voice, violin or other
musical instrument, limited to a single pupil at a time shall be deemed
a customary home occupation. Group instruction in dancing, vocal or
instrumental music, tea rooms, barber shops, beauty parlors, real
estate offices, insurance offices and tourist homes are not customary
home occupations.
Any building or group of buildings containing rooms occupied
by transient guests who are lodged with or without meals, in facilities
also commonly referred as inns, motor lodges and other such similar
designations.
The percentage of the land area covered by the combined area
of all buildings, structures, paved areas and other impervious surfaces
on the lot.
Any surface or material through which water will not flow
under ordinary hydrostatic pressure and including structures, parking
areas, driveways, sidewalks, terraces and paved areas.
A project in which one or more lots, tracts, or parcels of
land are to be developed or redeveloped as a coordinated site for
a complex of uses, units, or structures, including, but not limited
to, planned development and/or commercial, institutional, recreational,
open space, and/or mixed uses as provided for in the zoning ordinance.
[Added 11-10-2021, approved 11-11-2021]
Conditions of a building structure land or part thereof sanctioned
by a certificate of occupancy or tenancy or a letter of completion.
The type of permit application and/or work required from
the owner to bring a building structure land or portion thereof which
use or physical conditions have been changed or altered without a
permit issued by the Department of Buildings to approved and legal
conditions.
A certificate issued by the Commissioner of the Department
of Buildings indicating the satisfactory completion of alterations
in accordance with the permit issued thereof.
A business enterprise engaged in the distribution of LGP,
received by truck transport, and having on-site bulk storage of more
than 2,000 gallons of LPG and usually having container-filling and
truck-loading facilities.
A business enterprise engaged in the retail sale and distribution
of LPG in small portable tanks, cylinders or containers and having
on-site storage facilities of 100 gallons or more. Notwithstanding
the above, the incidental retail sale of LPG in small portable tanks,
cylinders or containers of less than 20 pounds or as prescribed by
National Fire Protection Association (NFPA) 58, Chapter 5, whichever
is more restrictive, shall not be considered a liquefied petroleum
gas distribution point.
An off-street space available for the loading or unloading
of goods and having direct usable access to a street.
A street that provides direct access to abutting land and
access to the higher order systems, as defined by New York State.
[Added 4-30-2021, approved 4-30-2021]
A recorded piece, plot or parcel of land or assemblage of
recorded contiguous parcels of land, all in common ownership, occupied
or to be occupied by principal and accessory buildings and uses and
having its principal frontage on a street or on such other means of
access as may be deemed, in accordance with the provisions of law,
to be adequate as a condition of the issuance of a building permit
for a building or buildings on such land.
The total horizontal area included within the lot boundaries.
The mean horizontal distance between the front and rear lot
lines measured in the general direction of the side lot lines.
The continuous extent of a lot along a street.
A property line bounding a lot.
In the case of a lot abutting upon only one street, the lot
line separating the lot from the street. In the case of a corner lot,
the owner may elect any street line as the front lot line, except
that where the majority of lots in any block are developed, the front
lot line shall be the same as that used by such other lots. In the
case of a through lot having frontage on two streets, the front yard
setbacks and other requirements of this chapter applicable to front
yards shall apply for both streets. For a lot with less than 70% of
the minimum frontage required for the district in which it is located,
the front lot line shall be deemed to be a line within the lot and
which is parallel to the street and at least equal in length to the
minimum frontage requirement.
The lot line which is generally opposite the front lot line
and most distant therefrom. If the rear lot line is less than 10 feet
in length, or if the lot comes to a point at the rear, the rear lot
line shall be deemed to be a line parallel to the front lot line,
not less than 10 feet long, lying wholly within the lot and farthest
from the front lot line.
Any lot line other than the front lot line and the rear lot
line.
The mean horizontal distance between the side lot lines,
measured perpendicular to the lot depth.
A lot located at the intersection of two or more streets
where the interior angle formed by the intersection of the streets
is 135° or less; all corner lots are presumed to have two front
yards, one primary and one secondary.
A lot having frontage on two parallel or approximately parallel
streets.
A medical office is generally an office use which provides
medical and allied health services to the individual by physicians,
surgeons, dentists, podiatrists, psychologists, psychiatrists, chiropractors,
or any other health-care professionals when licensed by a state-sanctioned
board overseeing the provision of medically oriented services. It
includes a clinic, primarily providing outpatient care in medical,
psychiatric or other health services, and not part of a residential
health care facility, as defined in this Code.
A principally permitted use in the MX-1 District which comprises a combination of residential and nonresidential uses, as dictated by Article V, § 267-19A(3).
[Added 4-30-2021, approved 4-30-2021]
A single building designed and constructed for a mixture of residential and commercial, cultural, institutional or office uses, in which the ground floor shall consist of one of the permitted or specially permitted uses listed in Article V, § 267-19A(3), and in which residential uses are located above the ground floor.
[Added 4-30-2021, approved 4-30-2021]
Cast as a single piece.
[Added 4-30-2021, approved 4-30-2021]
An establishment engaged in the repair of automotive tops,
bodies and interiors or in automotive painting, detailing and refinishing.
An establishment primarily engaged in the retail sale of
new automobiles and which may include, as an accessory use, the sale
of used automobiles, parts and accessories for said automobiles, including
minor service and repair work.
Establishments primarily engaged in the short-term rental
of vehicles without drivers and including the on-site storage of such
vehicles.
An establishment engaged in the installation, repair, and/or
sale of automotive exhaust systems, front-end wheel alignment, glass,
tires, electrical components, transmissions and similar types of functions.
An establishment engaged in the retail sale of motor vehicle
fuel and lubricating oils and the sale of parts, accessories and services
for motor vehicles, excluding body repair.
Any naturally occurring tree, plant, plant community, ecosystem,
body of water, or geographical or geological site or feature.
[Added 11-10-2021, approved 11-11-2021]
A business enterprise which provides live or mechanical music
or theatrical entertainment and permits dancing in connection with
the service of food or beverage. The term "nightclub" shall include
cabarets, dance halls, discotheques or other similar establishment.
A corporation formed or existing under the Not-For-Profit
Corporation Law of New York state.
A social and educational program for children, operated for
less than three hours per session, two to five times a week, often
following a school-year schedule, and registered with the New York
State Education Department.
The keeping of or display of any inventory, goods, material(s),
supplies, equipment, machinery, vehicles, pallets or merchandise,
including raw, semifinished, and finished materials for any period
of time, produced or used by or associated with the principal use
of the property, and as an accessory to the primary use of the establishment.
This includes cargo storage containers and membrane structures which
are located on the premises.
[Added 11-10-2021, approved 11-11-2021]
A mapped overlay district superimposed on one or more established
underlying zoning districts which may be used to impose supplemental
restrictions on uses in these districts, permit uses otherwise disallowed,
or implement some form of density bonus or incentive bonus program.
An off-street area for the parking of licensed motor vehicles
on a transient basis. This does not include any motor vehicle storage
areas.
An off-street space available for the parking of one licensed
motor vehicle on a transient basis and having direct usable access
to a street.
The contractor listed on the permit.
Any individual or group of individuals, corporation, partnership,
association or any other entity, including state and local governments
and agencies.
An indoor facility for the instruction and participation
in individual recreational and instructional activities. Instruction
may include, but is not limited to, tutoring, classes, trade/vocational
training, dance, athletic training, martial arts, music, or arts/crafts.
This definition does not include health clubs, which are membership
facilities designed and used for body conditioning and rehabilitation.
[Added 4-30-2021, approved 4-30-2021]
An institution conducting a regularly scheduled academic
curriculum of study similar to that of public schools and operated
in accordance with the Education Law of the State of New York.
An attorney admitted to practice in the State of New York;
or a certified public accountant, a professional engineer, an architect,
a landscape architect, a physician, a dentist, a speech pathologist,
an audiologist, a chiropractor, a podiatrist, a physical therapist,
an optometrist or an individual licensed to practice psychology and
all others as defined and regulated in the Education Law of the State
of New York.
Areas provided and maintained by a private property owner
and designated for public access, public traffic, and/or public accommodation
within private or public development projects, including but not limited
to public plazas, public art, public parks, urban green spaces and
public parking.
Original works of art open and accessible to the public and
conceived in any discipline or medium, including visual, performance,
literary, media and temporary works.
A usable open space, as defined herein and as applied in Article V, § 267-19A(6)(b)[1], that is accessible to general members of the public, and which adheres to all of the requirements of Article V, § 267-19A(10)(e).
[Added 4-30-2021, approved 4-30-2021]
A public square or area designed as a gathering place for
the public and designated by the City Council as a privately owned
open area adjacent to buildings and accessible to the public which
is generally at grade with the adjoining sidewalk.
An educational institution operated by a public school district
in accordance with the Education Law of the State of New York.
Any person duly authorized to furnish to the public, under
public regulation, electricity, gas, water, sewage treatment, steam,
cable TV or telephone, cellular telephone or telegraph service.
A privately owned or publicly owned building or part thereof
principally used for recreational activities, with or without seating
for spectators, and providing accommodations for a variety of individual,
organized, or franchised sports for adults and/or children, including,
but not limited to, wrestling, soccer, tennis, volleyball, racquetball,
handball, bowling, skating, and/or ice skating. Such building or space
may also provide other regular organized or franchised events for
adults or children, such as fitness classes, dance instruction, music
instruction, martial arts instruction, skateboard instruction, trampoline
or gymnastics instruction, and/or other similar activities. This definition
does not include health clubs, which are membership facilities designed
and used for body conditioning and rehabilitation.
[Added 4-30-2021, approved 4-30-2021]
Residential facilities providing rooms, supportive assistance,
health care, skilled nursing care, and therapies. Commonly referred
to as nursing homes, skilled nursing facilities, or green houses,
these facilities are constructed, operated, and overseen pursuant
to Article 28 of New York State Public Health Law, NYCRR Title 10,
Section 86.2.
A business enterprise primarily engaged in preparing and
serving food selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress and consumed on the premises.
A business enterprise primarily engaged in the retail sale
of food products for consumption off the premises but which may also
include the incidental sale of ready-to-consume food and beverages
from a counter-type installation for consumption on the premises where
patrons usually select their orders from a posted menu and service
and cleanup is generally performed by the customer, provided that
the area devoted to customer seating represents less than 25% of the
gross floor area of the establishment. The term carry-out restaurant
shall not include bakeries, delicatessens, grocery stores or other
food sales establishments not providing customer seating on the premises.
A business enterprise primarily engaged in the retail sale
of ready-to-consume food served in disposable containers and selected
by patrons from a limited number of specialized items, such as, but
not limited to, hamburgers, chicken, fish and chips, pizza, tacos
and hot dogs, which are prepared according to standardized procedures
for consumption either on or off the premises. The term fast-food
restaurant shall include, but not be limited to, facilities where
a substantial portion of the sales to the public is by stand-up service.
The selling of goods and merchandise to the general public
for personal or household use.
A business enterprise having facilities for the cleaning
and pressing of clothing which deals directly with ultimate consumers,
does not exceed 2,500 square feet of gross floor area, uses only solvents
with a flash point of not less than 138.2°F and has a total aggregate
dry load capacity of machines not exceeding 60 pounds.
A business enterprise with facilities for the washing of
clothing which deals directly with ultimate consumers and does not
exceed 2,500 square feet of gross floor area.
All roadway classes, except local and minor collector roadways,
as defined by New York State.
[Added 4-30-2021, approved 4-30-2021]
Local and minor collector roadways as defined by New York
State.
[Added 4-30-2021, approved 4-30-2021]
An occupant of a rooming unit. The term shall also include
boarder.
A portion of a dwelling unit, including access to cooking,
sanitary and sleeping facilities, which is leased for occupancy by
no more than one person.
A combination of antenna or dish antenna whose purpose is
to receive communication or other signals from orbiting satellites
and other extraterrestrial sources; a low-noise amplifier (LNA) which
is situated at the focal point of the receiving component and whose
purpose is to magnify and transfer signals; a coaxial cable whose
purpose is to carry the signals into the interior of the buildings.
Is defined as any person 55 years and older. Age eligibility
requirements may vary depending upon the type of project and/or the
source of funding requested.
Housing which is designed and constructed for occupancy by
at least one senior citizen per dwelling unit and which is limited
in occupancy to those meeting the definition of senior citizen, age
55 years and older, unless specified otherwise in the law establishing
the development's construction funding source or other applicable
law or regulation and which may be constructed with federal, state,
or local subsidies, or constructed with conventional funding sources.
An establishment, other than a hotel, motel or similar establishment,
offering accommodations which, for any form of consideration, provides
a place where two or more persons may congregate, associate or consort
in any connection with specified sexual activities. This definition
shall not include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the State
of New York engages in sexual therapy. Sexual encounter establishments
are expressly prohibited in the City of Mount Vernon because they
may encourage unlawful activity to occur. (See New York State Penal
Code Article 230).
A map showing the layout, arrangement and use of buildings
and land, including accessory uses, structures, facilities and services
and meeting the informational requirements of this chapter.
A device or combination of devices which relies upon solar
radiation as an energy source and that is employed for the purpose
of heating or cooling a building, the heating of water or the generation
of electricity.
Includes any of the following: less than completely and opaquely
covered human genitals, pubic region, buttocks, anus or female breasts
below a point immediately above the top of the aureole; human male
genitals in a discernibly turgid state, even if completely and opaquely
covered.
Includes any of the following: the fondling or other erotic
touching of human genitals, pubic region, buttocks, anus or female
breasts; sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, sodomy, or bestiality; masturbation,
actual or simulated; or excretory functions as part or in connection
with any of the activities set forth above in this definition.
A commercial land use consisting of the rental of individual
storage units for the storage of personal property. Ancillary retail
sales of related items, such as moving supplies, and facility offices
may also be included. Rental of vehicles and other equipment for moving
is a separate use from self-storage facility.
[Added 4-30-2021, approved 4-30-2021]
That portion of a building which is between one floor level
and the next higher floor level or the roof. Any floor of a building
used for purposes other than storage or other mechanical equipment
shall be counted as a story.
An existing state, county or city highway or road, or a road
on a subdivision plat approved by the Planning Board or on a plat
duly filed and recorded in the office of the County Clerk prior to
the appointment of the Planning Board and the grant to such Board
of the power to approve subdivision plats, including all of the land
within the right-of-way.
Any line dividing a lot from a street.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Included are swimming pools, parking garages, decks
not attached to a building, tents, basketball, tennis and paddle tennis
courts, tents, but not anything requiring only simple paving or surfacing
of the ground, such as parking lots, driveways or sidewalks.
A building containing less than 500 cubic feet of volume,
not exceeding 15 feet in height and customarily found accessory to
dwelling units, including dog houses, tree houses, playhouses, pigeon
coops, storage sheds and greenhouses.
A man-made body of water or receptacle for water having a
depth of more than 24 inches and a water surface area of more than
80 square feet and constructed, installed or maintained in or above
ground outside any building.
A building or portion thereof owned or leased by a business
owner to conduct such business. The term tenancy space shall be limited
to space with residential use only.
A lot, other than a corner lot, that abuts more than one
street or one street in more than one location.
[Added 4-30-2021, approved 4-30-2021]
The original zoning designation given to a parcel(s) of land
within the City prior to a Overlay Zoning or a Floating Overlay Zone
superimposed on the parcel(s). Please refer to Zoning District.
An institution of higher education operated in accordance
with the Education Law of the State of New York.[1]
An area that is not encumbered with any substantial structure
or devoted to use as a roadway, parking area or sidewalk and is either
properly planted or landscaped, or enhances the pedestrian environment
and is capable of being used and enjoyed for purposes of informal
and unstructured recreation and relaxation. These areas may include
tot lots, community gardens, green roofs and hardscape courtyards.
[Added 4-30-2021, approved 4-30-2021]
The specific purpose for which property is designed, arranged,
intended or for which it is or may be occupied or maintained.
A privately owned or publicly owned postsecondary school,
other than a community college or four-year college/university institution,
providing occupational or job skills in technical subjects and/or
trades for specific occupations.
[Added 4-30-2021, approved 4-30-2021]
Permission to depart from the requirements of this chapter
with respect to the submission of required information or documents.
The open space on a lot separating the lot line from the
nearest building or, where there is no building, the minimum required
yard for the district in which it is located.
A yard extending across the full width of the lot and lying
between the front lot line and the nearest building on the lot.
The minimum yard as required in accordance with the applicable
Schedule of Dimensional Regulations,[2] which yard shall be measured from the front, side or rear
lot line, whichever the case may be.
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest building on the lot.
A yard between a side lot line(s) and the nearest building
on the lot, extending from the front yard to the rear yard, or, in
the absence of either of such yards, to the front and rear lot line,
as the case may be.
A privately owned or publicly owned establishment primarily
providing instruction, recreational activities, assistance, aid, and/or
other guidance to youth requiring active programming, counseling,
academic support, life-skills instruction, and/or job training.
[Added 4-30-2021, approved 4-30-2021]
A designation given to parcel(s) within the City to govern
the use of land and bulk of buildings.
[1]
Editor's Note: The former definition of "usable open space,
area of," which immediately followed this definition, was repealed 4-30-2021, approved 4-30-2021.
[2]
Editor's Note: The Schedule of Dimensional Regulations is included at the end of this chapter.
