A.
Words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular. The word "shall" is always mandatory and not discretionary. The word "may" is permissive; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "intended," "maintained for" and "occupied for." The word "person" includes a profit or nonprofit corporation, company, partnership or individual. The word "lot" includes the word "plot."
B. ACCESSORY ADULT ENTERTAINMENT USES(1) (2) (3) (4) (5) (6) (7) AGRICULTURAL ACTIVITY ALTERATIONS AMUSEMENT CENTER AMUSEMENT DEVICE ANIMAL HOSPITAL ARTS AND CRAFTS STUDIO AUTOMOTIVE SALES AND REPAIR BASEMENT BED-AND-BREAKFAST BOUTIQUE HOTEL BUILDING BUILDING LINE BUILDING, DETACHED BUILDING, HEIGHT OF BUILDING, PRINCIPAL BULK BULK, NONCONFORMING CERTIFICATE OF OCCUPANCY CERTIFICATE OF USE CHILD DAYCARE CENTER CLEAR CUTTING CLEARING COUNTRY INN COUNTRY INN CENTER COVERAGE, LOT DEPOSIT DISCHARGE DRAIN DREDGE DRINKING ESTABLISHMENT DRIVE-THROUGH (also DRIVE-THRU) DRY SEWER DUDE RANCH DWELLING DWELLING UNIT DWELLING, MULTIFAMILY DWELLING, ONE-FAMILY ATTACHED (TOWNHOMES) DWELLING, ONE-FAMILY DETACHED DWELLING, TWO-FAMILY ENTERTAINMENT, LIVE EXCAVATION FAMILY(1) (2) (a) (b) (c) (d) [1] [2] [3] [4] [5] [6] (e) FARMERS MARKET AND STAND FILLING FLOOD HAZARD AREA, SPECIAL FLOOD INSURANCE RATE MAP (FIRM) FLOODPLAIN AREA FLOOD, 100-YEAR FLOODPROOFING FLOOR AREA OF BUILDING FLOOR AREA RATIO FLOOR, GROUND FRONTAGE FUNERAL HOME GARAGE, PRIVATE GARDEN NURSERY (also GARDEN CENTER) GRADING HOME OCCUPATION HOME OCCUPATION, EXEMPT HOME OCCUPATION, MAJOR HOME OCCUPATION, MINOR HYDROPHYTIC VEGETATION IMPERVIOUS SURFACE (or IMPERVIOUS MATERIAL) INFILTRATION INGROWTH JUNKYARD LAND DEVELOPMENT ACTIVITY LAND DISTURBANCE ACTIVITY LANDSCAPE CONTRACTOR YARD LIGHT MANUFACTURING LOT LOT AREA, MINIMUM (also LOT AREA, NET) LOT FRONTAGE LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT WIDTH LOT, CORNER LOT, DEPTH LOT, FLAG LOT, THROUGH MAINTENANCE AGREEMENT MIXED USE BUILDING MODERATE INCOME NONBUILDING USE NONCONFORMING STRUCTURE NONCONFORMING USE NONPOINT SOURCE POLLUTION PARKING SPACE PERFORMANCE STANDARD PERSON PERSONAL SERVICE USE PLACE OF WORSHIP POLLUTANT OF CONCERN PROFESSIONAL OFFICE PUBLIC ELEMENTARY SCHOOL PUBLIC UTILITY SUBSTATION RESTAURANT, FAST FOOD RESTAURANT, STANDARD SEDIMENT CONTROL SELECTIVE CUTTING SETBACK SETBACK, REQUIRED FRONT SIGN SIGN, ADVERTISING SIGN, ANNOUNCEMENT SIGN, AREA SIGN, BILLBOARD SIGN, BUSINESS IDENTIFICATION SIGN, FACADE SIGN, FLASHING SIGN, FREE-STANDING SIGN, ILLUMINATED SIGN, MONUMENT TYPE SIGN, PLAN SIGN, STRUCTURE SIGN, WINDOW SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 SPECIAL USE PERMIT STABILIZATION STORMWATER STORMWATER MANAGEMENT STORMWATER MANAGEMENT FACILITY STORMWATER MANAGEMENT PRACTICES (SMPS) STORMWATER POLLUTION PREVENTION PLAN (SWPPP) STORMWATER RUNOFF STORY STREET STREET LINE STRUCTURE SURFACE WATERS OF THE STATE OF NEW YORK SWIMMING POOL(1) (2) TRAILER TRAILER CAMP USE, CHANGE OF USE, PRINCIPAL VARIANCE, AREA VARIANCE, USE VETERINARY OFFICE (also ANIMAL HOSPITAL) WATERCOURSE WETLAND SCIENTIST WETLAND/FRESHWATER WETLAND(1) (2) WETLAND/WATERCOURSE BUFFER WHOLESALE BUSINESS YARD YARD, FRONT YARD, REAR YARD, REQUIRED YARD, SIDE
Unless otherwise expressly stated in this chapter, the following terms, for the purpose of this chapter, shall have the meanings here indicated:
A building or use which is customarily incidental and subordinate to the principal building or use and which is located on the same lot as such principal building or use. Any accessory building attached to a principal building is deemed to be part of such principal building in applying the bulk regulations. Examples of accessory buildings or uses are detached garages, barns, sheds, doghouses, rabbit hutches, cabanas, television dish receivers, private greenhouses, and swimming pools, both above- and in-ground. Specifically prohibited from use as an accessory building are buildings for the stabling of horses or other animals or the keeping of poultry. Accessory buildings of 100 square feet or less not on a foundation do not require a building permit.
Adult uses shall be defined as follows:
ADULT BOOK AND/OR VIDEO STOREAny establishment which has as a substantial or significant portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following: books, magazines, periodicals, or other printed matter or photographs, films, videos, slides or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities which are for sale, rental, or viewing on or off the premises. An establishment may have other principal business purposes that do not involve the offering for sale or rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult book and/or video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult book and/or video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
ADULT ENTERTAINMENT CABARETAny establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators or exotic dancers, or other similar entertainment or films, motion pictures, videos, slides, or other photographic material, or which utilizes employees, as part of their employment, to regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT THEATERAny theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides, or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages, or any other treatment or manipulation of the human body, are administered for any form of consideration or gratuity, as part of or in connection with specified sexual activities or where any person providing such treatment or service related thereto exposes specified anatomical areas. This definition shall not be construed to include a hospital, nursing home or medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist, or duly licensed massage therapist or barbershop or beauty salon, athletic club, health dub, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
The grazing and watering livestock; making reasonable use of water resources for agricultural purposes; harvesting the natural products of wetlands, excluding peat mining and timber harvesting; and selective cutting of trees. "Agricultural activity" does not mean clear cutting of trees; filling or deposition of soil; mining; or draining for growing agricultural products or for other purposes.
As applied to a building or structure, means a change or rearrangement in the structural part or in the exit facilities, or an enlargement, whether extending on a side or by increasing in height, or the moving from one location or position to another.
Any premises having thereon available for use by the general public three or more amusement devices.
Any machine which, upon the insertion of a coin, slug, token, plate or disk, may be operated by the general public for use as a game, entertainment, or amusement, whether or not registering a score. It shall include, but not be limited to, such devices as pin-ball machines, electronic games, skill ball, and all games, operations or transactions, similar thereto under whatever name they may be known. The term does not include vending machines in which there is not incorporated gaming or amusement features, nor does the term include any coin operated musical devices or rides.
Any building used or portion thereof designed or used for the medical or surgical care, observation or treatment of animals, including indoor boarding of such animals in connection with and accessory to the primary medical or surgical care.
An establishment used by an artist or artisan for the development, display, and sale of art and the instruction in a personal artistic skill such as fine arts, crafts, dance and music.
An establishment involved in general repair, rebuilding, or reconditioning of engines or motor vehicles, such as collision service, body repair, and frame straightening, painting and upholstering, and/or any building or land area used for the display and sale of new or used automobiles.
The portion of a building that is partly below grade which has more than 1/2 of its height measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
See § 402-37D.
A small hotel with one or more structures, having a total of not more than 30 rooms located in a unique setting with upscale accommodations, amenities and individualized unique selling points.
[Added 5-1-2018 by L.L. No. 2-2018]
A structure constructed, erected or placed on the ground, with a roof supported by columns or walls. A building does not include a mobile home or trailer not capable of self-locomotion.
A line drawn parallel to a street along the front of a building.
A building surrounded by open space on the same lot.
The vertical distance measured from the average elevation of the proposed finished grade on all sides of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
A building in which the principal or main use of the lot, on which it is located, is conducted.
The volume and shape of a building or of a non-building use in relation to lot lines, center lines of streets, other buildings and all open spaces appurtenant to a building or a non-building use.
That part of a building or non-building use which does not conform to one or more of the applicable bulk requirements of this chapter, either on its effective date, or as a result of subsequent amendments thereof.
Official certification that a building or structure conforms to this chapter and the New York State Uniform Fire Prevention and Building Code and may be occupied.
Official certification that a building or structure or part thereof conforms to the use requirements and other pertinent provisions of this chapter and may be used in conformity with law.
A facility duly licensed or authorized by the New York State Department of Social Services or other state agency having jurisdiction where care is provided for three or more children away from their homes for less than 24 hours per day, in a facility which is operated for such purposes, for more than five hours per week.
Any cutting of more than 30% of trees six inches or more in diameter at breast height (dbh) over any ten-year cutting cycle as determined on the basis of area per lot or group of lots under single ownership, including any cutting of trees which results in the total removal of one or more naturally occurring species, whether or not the cut meets or exceeds the 30% threshold.
Any activity that removes the vegetative ground cover.
A commercial establishment, managed by the property owner, where overnight lodging is provided to transient lodgers in one or more guest units, for compensation, for no more than 10 days. Country inns have common sitting and dining areas and may have a restaurant in the principal building which may be open to the general public. Country inns may have limited accessory recreation facilities, e.g., swimming pool or hiking trails. Country inns may also be used for social events or gatherings, e.g., weddings. This term does not include boarding houses, which are prohibited by this chapter.
A commercial establishment, managed by the property owner, or a management company under a lease from the property owner, where overnight lodging is provided to transient lodgers in one or more guest units, for compensation, for no more than 14 consecutive days per guest. Country inn centers have common sitting and dining areas and may have a restaurant in the principal or other buildings which may be open to the general public. Country inn centers may have limited accessory recreation facilities. Country inn centers may also be used for social events or gatherings, e.g., weddings. This term does not include boarding houses, which are prohibited by this chapter. The combination of uses is to be designed to operate as a single, integrated entity to create a desirable destination. Such integration is to be achieved by means of complementary architectural styles, internal circulation for pedestrians and vehicles, and cohesive landscaping. The destination created presents a welcoming environment that will be beneficial not only the Country Inn Center uses on site, but other uses in the Village Center Zones surrounding the site. In addition to the foregoing overnight lodging, the uses set forth in § 402-20.1B(7), (8), (11), (12), (13), (16), (17), (18), (19), (20), (21), (22), (but only up to 3,000 square feet in gross floor area), and (23) are uses permitted by right as a permissible component of a country inn center.
[Added 5-1-2018 by L.L. No. 2-2018; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
That percentage of the lot area covered by impervious surface material, including buildings, walkways, driveways, parking areas, concrete pool decks, and similar impervious materials.
To fill, grade, discharge, emit, dump, or place any material or the act thereof.
The emission of any water, substance, or material, including into a wetland or wetland buffer whether to not such substance causes pollution.
To deplete or empty of water by drawing off by degrees or in increments.
To excavate or remove sediment, soil, mud, sand, shells, gravel, or other aggregate.
A bar, tavern, or other establishment in which alcoholic beverages are consumed on the premises, which may or may not serve food.
A building opening, including windows, doors, or mechanical devices through which occupants of a motor vehicle receive or obtain a product or service while remaining in the vehicle.
A sanitary sewer system installed in anticipation of future connection to a publicly-owned wastewater treatment system ("WWTP"), but which shall not be used for transport of sanitary sewage or stormwater until such time that the WWTP is operational.
A commercial establishment operated as a horse farm with a single lodge for transient lodgers who engage in horseback riding and other outdoor recreational activities, and whose stay is no longer than 10 days.
A structure designed exclusively or primarily for nontransient residential use.
One or more rooms consisting of living, cooking, sanitary and sleeping facilities arranged for the use of one family, with a bathroom with bathing facilities, sink and toilet bowl; a kitchen with a sink and cooking facilities; and a separate entrance to a hallway or the exterior.
A building or portion thereof containing separate dwelling units for three or more families, exclusive of one-family attached dwellings.
A building containing three or more dwelling units, none of which share common floors or ceilings, and which share at least one common wall in the case of an end unit, or two common walls, in the case of an interior unit, each dwelling being located on an individual lot.
A detached building designed for or occupied exclusively by one family located on a separate lot exclusive of any other dwelling.
A building designed for or occupied exclusively by two families living independently of one another, both dwellings being attached and located on the same lot.
Any live performance or activity provided on a regular basis, participated in by one or more employees, guests, customers or any other person or persons whether paid or unpaid, including any performances or activity accompanying the playing of records, tapes, compact discs or similar mechanical means. Nothing herein shall be construed to include adult entertainment uses under the category "live entertainment."
Any digging, scooping or other methods of removing earth materials, including materials within a wetland, watercourse or wetland/watercourse buffer.
One of the following: One, two or three persons occupying a dwelling unit; or, four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;
The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency and stability may include:
The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
An establishment involved primarily in the retail sale of farm-direct, unprocessed agricultural and horticultural products for consumption by humans, including but not limited to fruits, vegetables, dairy products and eggs. A farmers market may also include the sale of limited miscellaneous items including baking goods and gifts and crafts made in the region.
The deposition or stockpiling of earth materials.
An area of land that would be inundated by a flood having a 1% chance of occurring in any given year.
The Official Map on which the Federal Emergency Management Administration has delineated the areas of flood hazard.
The relatively flat area or low lands adjoining the channel of a river, stream, watercourse, canal or any body of standing or tidal water, which has been or may be covered by flood water.
A flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of once every 100 years; the term also means that level of flooding having a 1% probability of occurrence in any year.
Any combination of structural and non-structural additions, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities and contents of buildings.
The sum of the gross horizontal areas of the several floors of a building or group of buildings and accessory buildings on the same lot, except that in residential buildings, cellar, basement and attic floor area not devoted to residential use shall be excluded, but the area of roofed porches and roofed terraces shall be included. All dimensions shall be measured from exterior faces of walls or from the center line of walls separating two buildings.
The floor area of all buildings on a lot, divided by the area of such lot.
The lowest story of a building entirely above the level of the ground around the building.
That side or sides of a building which faces a public or private street.
Also known as a "mortuary," an establishment in which the deceased are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment.
An accessory garage maintained primarily for the convenience of the occupant or occupants of the principal use of the lot, and in which no business, occupation or service is conducted nor space rented to a non-occupant of the premises.
An establishment involved in the cultivation of ornamental and horticultural products, including but not limited to flowers, trees, shrubs, and vines, mulch. Activities may also include the retail sale of said products outdoors or in a building. Accessory retail sale of garden-related equipment shall also be permitted. Nothing herein shall be construed to permit the bulk storage of chemicals as part of a garden nursery.
To adjust the degree of inclination of the natural contours of the land, including leveling, smoothing, and other modification of the natural land surface.
An accessory use of a service nature carried out within a dwelling by the resident owner, which is incidental to the residential use, does not alter the character of the dwelling, has no exterior evidence other than a permitted nameplate and does not involve the use of any commercial vehicles or construction equipment, or outdoor storage of materials or the keeping of goods for sale, or the use of any chemical, mechanical or electrical equipment not a customary household appliance or light office equipment. Home occupation does not include printing, high-speed reproduction facilities, animal hospital or kennel, automotive sales and repair, restaurant, drinking establishment, mortuary or other uses similar to the foregoing. Home occupation includes for example, such activities as artist, musician, tutor, secretarial service, notary public, dressmaking, millinery, the office of a building contractor, barber or beauty shop, realtor, insurance agent or similar occupation.
In all districts, a home occupation in compliance with the criteria and standards for "exempt home occupations" shall be permitted as an accessory use within a residential dwelling and shall be exempt from these regulations and shall not be deemed to be a special use.
A home occupation in compliance with the criteria and standards set forth for "major home occupation" shall be permitted as an accessory use within a dwelling upon special use permit approval by the Planning Board. The Planning Board is permitted to waive the requirements for site plan submission, provided the applicant can clearly demonstrate by other means the proposed location of off-street parking on the subject premises.
In all districts, a home occupation in compliance with the criteria and standards set forth for "minor home occupations" shall be permitted as an accessory use within a dwelling upon registration with the Building Inspector and shall not be deemed to be a special use.
Macrophytic plant life growing in water, soil or substrate that is at least periodically deficient in oxygen as a result of excessive water content.
Any surface, including natural surfaces such as exposed bedrock, that cannot effectively infiltrate rainfall, snow melt, and water. Examples include pavement (asphalt, concrete, etc.), buildings, structures, driveways, roadways, parking lots and sidewalks.
The process of percolating stormwater into the subsoil.
Living plant materials grown or maintained in a greenhouse and visible from the street through transparent windows or walls.
An area of land with or without buildings used for or occupied by the storage, outside of a completely enclosed building, of used and discarded materials such as wastepaper, rags or scrap metal, used building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing salvage, sale or other use or disposition of the same. The storage of two or more wrecked or broken down vehicles or parts thereof, whether or not licensed, for a period of one month shall be deemed to constitute a "junkyard."
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre of gross lot area, or activities disturbing less than one acre of gross lot area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
Any activity which may result in soil erosion from water or wind and the movement of sediments into waters, including, but not limited to, clearing, grading, excavating, transporting, and tilling of land, except that the term shall not include such minor land disturbing activities as home gardens and individual home landscaping, repairs and maintenance work; individual service connections and construction or installation of public utility lines; septic tank lines or drainage fields unless included in an overall plan for land disturbing activity relating to construction of the building to be served; preparation for one-family dwellings separately built, unless in conjunction with multiple construction in subdivision developments; disturbed land areas for commercial or noncommercial uses less than 5,000 square feet in size; installation of fence and sign posts or telephone and electric poles and other kinds of posts and poles; emergency work to protect life, limb or property.
Offices and indoor and outdoor storage of a landscaping business.
Any process or activity whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled such that no chemical or compressive processes are required.
One or more contiguous parcels of land under single ownership or control, designated by the owner, at the time of filing an application for building permit, as a tract to be used, developed or built upon as a unit. It may or may not coincide with the deed description thereof or the boundaries of the same as shown on the Tax Assessment Map of the Village or a map filed for record or otherwise, and it may be subsequently subdivided into two or more lots, provided all such lots conform to all the regulations of the district in which it is situated.
The minimum area of a lot after subtracting for environmental constraints as per § 402-45 of this chapter, unless otherwise excepted by any specific provisions of this chapter. For purposes of these regulations, calculations for lot coverage, impervious coverage, and floor area ratio shall be calculated based on the minimum lot area after subtracting out for environmental constraints, unless excepted by any specific provisions of this chapter.
The horizontal distance measured along the full length of the front lot line.
A boundary line of a lot.
The boundary of a lot along an existing or proposed street.
That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
Any boundary of a lot which is not a front lot line or a rear lot line.
Shall be the straight-line distance between points on opposite side lot lines that shall be maintained from the required front yard setback to the minimum required rear yard setback.
A "corner lot" is a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°. Each yard that fronts to a street shall be a front yard. Every corner lot shall have a rear yard, and any other yard shall be a side yard.
The horizontal distance measured along a straight line perpendicular to the front lot line to the rear lot line. The minimum lot depth requirement shall be met when measured along any point along the front lot line.
A lot having the required lot frontage, that does not have the minimum required lot width, measured across a straight line at a distance from the front lot line equal to the required front yard, but having the required lot width measured at a point somewhere in the interior of the lot. Generally, a flag-lot arrangement exists where one lot and the dwelling to be located thereon would be located behind another dwelling as viewed from the street rather than side-by-side as is typical in a conventional subdivision. The flag-lot has a long narrow portion of property (i.e., the "pole" of the flag lot) that extends to the street to meet the minimum road frontage requirements of this chapter. The narrow width limits flexibility to choose alternative driveway curb-cut locations that could improve vehicle sight distance or preserve site features, such as mature trees or stonewalls. A grouping of adjacent flag lots can result in a collection of multiple curb-cuts with little or no separation which create turning movement conflicts for motorists and emergency service personnel. For purposes of this chapter, flag lots are not permitted.
A lot other than a corner lot with frontage on more than one street. Through lots are not permitted. Preexisting through lots shall have one front yard and one front lot line on which the principal structure shall front and obtain access therefrom. Any other frontage shall be deemed to be a rear yard, and said rear yard shall be screened from view of the street by a combination fence and plantings to the satisfaction of the Building Inspector.
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
A building with one or more nonresidential uses located on the first or ground story, and with one or more dwellings or nonresidential uses located above the ground story.
Households with incomes less than or equal to 80% of the Rockland County median income, as determined by the U.S. Department of Commerce and adjusted by the U.S. Department of Housing and Urban Development.
A principal use of land to which the buildings on the lot, if any, are accessory, such as an open storage yard for materials or equipment and on which the building, if any, may be used:
A structure lawfully in existence on the effective date of this chapter or any amendment thereto, which does not conform to the regulations of this chapter for the district in which it is located, regardless of the use to which such structure is put.
Any use of a building, structure, lot or land, or part thereof, which was lawfully in existence on the effective date of this chapter or any amendment thereto, which does not conform to the use regulations of this chapter for the district in which it is located.
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
An off-street parking area accessible and available for the parking of one motor vehicle and meeting the dimensional requirements specified in Article XI.
A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in certain uses of land or buildings.
Any individual, partnership, corporation, state or instrumentality of a state or the legal representative thereof.
Any commercial use in which the product offered is the work or action performed, as in shoe repair shops, typewriter repair shops, or beauty shops.
A building used for regular organized religious assembly.
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
Office for person or persons whose vocation or occupation requires advanced training in an art or science and whose work is usually non-managerial in nature.
An educational institution operated by a public school district in accordance with the Education Law of the State of New York.
Structures for the transmission of electricity, gas, water, wastewater, cable television, and telephone service, except that this shall not be deemed to include wireless telecommunication facilities.
A "fast food restaurant" is any establishment whose principal business is the sale of foods, frozen deserts, or beverages to the customer in a ready-to-consume state, usually served at or from counters in paper, plastic, or other disposable containers, for consumption either within the restaurant building, elsewhere on the premises, for carry-out, or from a drive-in window, for consumption off the premises. Fast food restaurant does not include bakeries or delicatessens.
A standard restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
Measures that prevent eroded sediment from leaving the site.
Any cutting of trees that is not "clear cutting" as defined in this chapter.
The distance in feet from the any lot line to a principal building on a lot.
The distance in feet from the front lot line to a point equal to the minimum front yard requirement for the applicable zoning district.
Any material structure or device, or part thereof, composed of lettered or pictorial matter which is located out-of-doors, or on the exterior of any building, or indoors as window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.
Same as billboard except not a separate structure.
Any sign used to announce the use of the lot or direction or location of buildings and structures on the lot for an office, home occupation, religious charitable or other institutional use.
The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign. In the case of individual letters, numerals, symbols or any other figure or similar character placed on a structure, the area shall be based on the smallest polygon or circle possible or enclosing all such individual letters, numerals, symbols or figure of similar character.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any sign or structure used for display or which directs attention to a business, commodity, service or entertainment generally conducted, sold or offered elsewhere than upon the same lot where the billboard is located.
A sign containing the name of the establishment and information on the business conducted therewith, but specifically excluding phrases directing an action (i.e., stop, buy, eat).
A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall, and not extending more than 15 inches from the face of such wall.
Any illuminated signs on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
Any sign not attached or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
Any sign illuminated by electricity, gas or other artificial light either from the interior (direct illuminating) or exterior (indirect illumination) of the sign, and which includes reflective and phosphorescent light.
A free standing sign constructed on ground level not supported by poles.
A plan depicting the size, location, materials and content of a sign, which plan shall be the sole permitted display for any sign subject to the site development plan rules and regulations and this chapter. Also, a unified plan illustrating all signs proposed for a given property.
The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides of the projections thereof exceeds 30°, each side shall be considered a separate sign structure.
A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, located inside within four feet of the window, but not including graphics in connection with customary window display of products.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.
The authorization of a particular land use which is permitted in this chapter, subject to the requirements set forth in Article VII of this chapter and that will not adversely affect the neighborhood if such requirements are met.
The use of practices that prevent exposed soil from eroding.
Rainwater, surface runoff, snowmelt and drainage.
The use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purposes of this chapter when more than 1/2 of such basement height is above the average finished grade level around such basement.
A public way which affords principal means of access to abutting properties.
The dividing line between a lot and the street right-of-way.
Anything constructed or erected on or under the ground or upon another structure or building.
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or undergroundwaters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
A body of water, not operated for gain, intended to be used for swimming or bathing by any family, or persons residing on the premises and their guests, which has a depth greater than two feet and a water surface greater than 100 square feet.
IN-GROUND POOLAn artificial structure, any portion of which is located, assembled or placed under one inch or more below the surface of the ground; intended for wading, bathing or swimming purposes made of concrete, masonry, metal or other impervious material and which is an accessory use to a dwelling and for the exclusive use of the occupants of the dwelling and their guests. An in-ground pool is subject to the provisions contained in Article VIII regulating same.
ABOVE GROUND POOLAn artificial structure which is so constructed as to be completely above grade and which may have a ladder or steps in order to obtain access to the pool and which is an accessory use to a dwelling and for the exclusive use of the occupants of the dwelling and their guests. Above ground pools shall have removable or folding type steps, which shall be kept in a non-accessible position when the pool is not in use. An above ground pool shall meet all bulk requirements in the zone in which it is located. It shall be subject to the issuance of a building permit if the depth is greater than two feet and a water surface greater than 100 square feet.
A vehicle used for living or sleeping purposes, and standing on wheels or on rigid supports. A trailer is not a dwelling.
A parcel of land where two or more trailers are parked, or which is used or held out for the purpose of supplying to the public a parking space for two or more trailers.
As used in Article XV, change in the use of a property or building from a numbered use permitted by right or by special use permit to another numbered use permitted by right or by special use permit within the same zoning district.
The specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
The authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
The authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
A building or portion of a building used for the diagnosis, treatment, and medical care of animals by a veterinarian licensed in accordance with the provisions of New York State Education Law. The use of a veterinary office shall be limited to the temporary indoor boarding of animals under the care of the licensed veterinarian for a duration no longer than is necessary and incidental to the animal's treatment. No veterinary office shall be used for the breeding of animals. A veterinary office may include the incidental sale of pet care products.
Any natural or artificial, intermittent, seasonal or permanent, and public or private water body or watercourse. A water body is intermittently, seasonally or permanently inundated with water and contains a discernible shoreline and includes ponds, lakes and reservoirs. A watercourse includes rivulets, brooks, creeks, streams, rivers and other waterways flowing in a definite channel with bed and banks and usually in a particular direction.
A person that is certified by the Society of Wetland Scientists as a professional wetland scientist and having special knowledge by reason of education and work experience in natural, physical and biological sciences related to the identification, assessment and management of wetlands.
Any area which meets one or more of the following criteria:
Lands and waters of New York State that meet the definition provided in § 24-0107.1 of the New York State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) and have an area of at least 12.4 acres or, if smaller, have unusual local importance as determined pursuant to § 24-0301.1 of the Act. The approximate boundaries of such lands and waters are indicated on the official freshwater wetlands map pursuant to § 24-0301.5 of the Act, or such a map that has been amended or adjusted pursuant to § 24-0301.6 of this title; or
All areas, regardless of size, that are inundated and/or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of hydrophytic vegetation as defined by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1989) prepared by the Federal Interagency Committee of the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and U.S.D.A. Natural Resources Conservation Service.
A specified area surrounding a wetland or watercourse that is intended to provide some degree of protection to the wetland or watercourse from human activity and other encroachment associated with development. The buffer shall be determined to be the area extending 100 feet horizontally away from and paralleling the outermost boundary of a wetland and/or point of mean high water of a watercourse, or greater than 100 feet where designated by either the New York State Department of Environmental Conservation or the Planning Board. Also referred to by the NYS DEC as the "adjacent area."
A building or buildings used for storing goods, wares and merchandise to retail vendors and not open to the general public. A minor wholesale business is a business in which all buildings on a site are limited to no more than 15,000 square feet of gross floor area.
The open space on a lot extending along a lot line, between such lot line and a principal building or buildings, or non-building use occupying such lot.
A yard extending the width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
A yard extending the full width of the lot and situated between the rear line of the building and the rear line of the lot.
That portion of any yard meeting the minimum dimensional requirements contained in the Table of Bulk Requirements.[1]
A yard situated between the building and side line of the lot and extending from the front yard to the rear yard. The width of a side yard shall be measured from the side lot line towards the building.
[1]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.