Words used in the present tense include the
future; the singular number includes the plural and the plural the
singular; the word "person" includes a corporation, partnership and
any other legally cognizable entity, as well as an individual; the
word "lot" includes the word "plot." The term "occupied" or "used"
as applied to any building shall be construed as though followed by
the words "or intended, arranged or designed to be occupied or used."
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings herein
indicated:
A building or use clearly identical or subordinate to, and
customarily in connection with, the principal building or use on the
same lot.
A person, establishment or business, whether retail or wholesale,
having more than a minimal portion of its stock in trade recordings,
books, magazines, periodicals, films, video tapes or cassettes or
other viewing materials for sale or viewing on or off the premises,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to sexual activities or sexual anatomical
areas.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainment and which establishment is customarily
open to the public generally but excludes any minor by reason of age.
The owner of land proposed to be subdivided or otherwise
affected by the actions of a municipal Board, or his representative.
A place where trees, shrubs and herbaceous plants are cultivated
for scientific and educational purposes.
[Added 4-20-2016 by L.L.
No. 6-2016]
A multi-purpose art facility which includes one or more spaces
that are used as an art gallery, performance space, offices, and education/training
facility, as defined by this chapter.
[Added 4-20-2016 by L.L.
No. 6-2016]
A place where works produced by an artist or artisan, as
defined by this chapter, are displayed or sold.
[Added 4-20-2016 by L.L.
No. 6-2016]
One who is skilled in an applied art; a craftsman who produces
individually crafted products utilizing wood, metal, glass, plastics,
stone, ceramics or other materials.
[Added 4-20-2016 by L.L.
No. 6-2016]
An individual who practices one of the fine, design, graphic,
musical, literary, computer or performing arts; or an individual whose
profession relies on the application of the above-mentioned skills
to produce creative product; i.e., an artisan, film maker, editor,
musician, sculptor, writer, editor, actor, dancer, photographer and
the like.
[Added 4-20-2016 by L.L.
No. 6-2016]
The workspace of an artist or of an artisan. Artwork that
is produced within an artist studio or products made by an artisan
may be sold at that artist studio.
[Added 4-20-2016 by L.L.
No. 6-2016]
A roof-like covering of canvas, metal or duck, attached to
a metal frame no less than seven feet above the finished grade and
attached to or supported entirely from a building.
A piece of cloth or plastic or other flexible material not
limited to cover material hanging over the sidewalk or yard perpendicular
to the face of a building, bearing an advertisement, design, motto,
greeting or slogan.
That space of a building that is partly below grade, which
has more than half of its height, measured from floor to ceiling,
above the average established curb height or finished grade of the
ground adjoining the building.
A sign, including the type commonly known as "billboard,"
which directs attention to a business, commodity, service, entertainment
or attraction sold, offered or existing elsewhere than upon the same
lot where such sign is displayed or only incidentally upon such lot.
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
the same as if no building were present. The term "building" shall
include the term "structure," as well as the following:
Signs.
Fences.
Walls.
Radio and television antennas and microwave
antennas, except for such antennas installed on the roof of a "building"
and extending not more than 15 feet above the highest level of the
roof of such "building."
Pergolas, porches, outdoor bins and other similar
structures.
Awning.
The maximum horizontal area of a building measured in one
plane.
That percentage of lot area covered by any structures.
[Amended 2-18-2004 by L.L. No. 1-2004]
Any person, firm, association, partnership, corporation or
other entity for profit.
A facility or establishment that provides one or more of
the following for dogs and their owners/handlers: obedience training,
agility and exercise training, show training, day care, and indoor
overnight boarding.
[Added 4-20-2016 by L.L.
No. 6-2016]
A building or portion thereof where food and beverages, whether
or not alcoholic, are prepared and/or served, for a large number of
people, with or without live, or other, entertainment.
[Added 5-17-2017 by L.L.
No. 6-2017]
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb height or finished
grade of the ground adjoining the building.
A public open space used as a meeting place for gatherings
or relaxation.
[Added 4-20-2016 by L.L.
No. 6-2016]
Approval on condition that the applicant shall comply with
or complete certain instructions or requirements set by the Planning
Board, and which approval merely constitutes authorization to the
applicant to prepare for and proceed to the next step under the applicable
rules.
A greenhouse structure for growing or displaying plants.
[Added 4-20-2016 by L.L.
No. 6-2016]
The maps or drawings accompanying a subdivision/site plan
and showing the specific location and design of improvements to be
installed in the subdivision/site plan in accordance with the requirements
of the Planning Board as a condition of the approval of said plan.
A change in either occupancy or use of a building or land,
by alteration, addition, or other reorganization.
[Added 4-20-2016 by L.L.
No. 6-2016]
Those products authorized to be sold during specified periods
of time, pursuant to Rockland County Local Law No. 4 of 2015, and
Chapter 477 of the Laws 2014 of the State of New York.
[Added 5-17-2017 by L.L.
No. 7-2017]
A micro or farm brewery or winery licensed under the New
York State Alcoholic Beverage Control Law, including on-premises retail
sales, tasting room/tavern selling beer and wine produced in New York
State with a seating capacity of up to 18 persons.
[Added 4-20-2016 by L.L.
No. 6-2016]
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
A building containing one dwelling which is attached on one
or both sides to a similar dwelling.
A one- or two-family dwelling completely surrounded by open
space.
A building or portion thereof containing three dwelling units
or more.
A detached building containing one or two dwelling units
only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with another "dwelling
unit." A boarding- or rooming house, convalescent home, dormitory,
fraternity or sorority house, hotel, inn, lodging, nursing or other
similar home, mobile home or other similar structure shall not be
deemed to constitute a "dwelling unit."
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A small-scale facility for education, training of persons
for development of art, design, job or technical skills, or for local
meetings of community organizations, civic groups, and the like, with
no more than a total of 50 persons in attendance at any one time.
[Added 4-20-2016 by L.L.
No. 6-2016]
A person licensed as a professional engineer by the State
of New York.
An establishment where more than 10% of the total floor area
is designed or used for aerobic exercise, martial arts, pilates, bicycle
spinning, weight training, batting cages, indoor golf practice facility,
rock climbing walls, agility course, or other forms of physical exercise
and where an admission fee is directly collected, or some form of
compensation is obtained. For the purposes of this definition, aerobic
exercise is a system of physical conditioning involving high-impact
dance, calisthenics and physical activity strenuously performed so
as to cause marked temporary increase in respiration and heart rate.
[Added 4-20-2016 by L.L.
No. 6-2016]
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
All spaces within the exterior walls of a dwelling unit exclusive
of garages, cellars, heater rooms and basements having a window area
of less than 10% of the square foot area of the room and of unheated
porches and breezeways, but shall include all spaces not otherwise
excluded, such as principal rooms, utility rooms, bathrooms and all
closets and hallways opening directly into, and appurtenant to, any
rooms within the dwelling unit; and all attic space having a clear
height of seven feet six inches from the finished floor level to the
ceiling level over 50% of the area of such attic space.
The floor area in square feet of all buildings on a lot,
divided by the area of such lot in square feet.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
The elevation of completed surfaces of lawns, walks and roads
brought to grades as shown on official plans or designs relating thereto.
The vertical distance to the level of the highest point of the roof for flat or mansard roofs, or to the mean height between the eave and the ridge for other types of roofs, measured at the center of the front wall of the building from the average level of the finished ground surface across the front of the building or from the average level of the finished ground surface adjacent to the exterior walls of the building, whichever is lower, except as specifically exempted in § 250-21.
The average level of the finished grade surfaces
for purposes of this definition shall be established at the time of
site plan approval or building permit approval, whichever occurs first,
and no filling or excavation shall occur on a site until such approval
is granted.
Any occupation customarily conducted entirely within a dwelling
and carried on by the resident thereof, which use is clearly incidental
and secondary to the use of the dwelling as a residence.
Light industrial uses which may include manufacturing, fabricating,
processing, converting, altering, assembling, testing or other handling
of products, including but not limited to wholesale bakeries and other
wholesale food and beverage production, and which may include incidental
dining under the same terms and conditions as applicable to specialty
food shop/incidental dining in the MLI District.
[Added 4-20-2016 by L.L.
No. 6-2016]
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings having any land in common and the buildings
accessory thereto, if any, together with the required open spaces
appurtenant to such building or group of buildings.
A lot at the junction of or abutting on two or more intersecting
streets where the interior angle of the intersection does not exceed
135°. A lot abutting a curved street shall be deemed a "corner
lot" if the tangents to the curve at the points of intersection of
the side lot lines with the street lines intersect at an interior
angle of less than 135°. The applicant shall designate one of
the street frontages as the front yard for the purpose of determining
the rear yard. The structure or building shall be oriented towards
the designated front.
The mean distance from the street line of a lot to the rear
lot line of such lot measured along the side lot lines.
Any boundary of a lot other than a street line.
The lot separating a lot from a street right-of-way.
The lot line generally opposite to the street line. For the
purposes of a corner lot, the "rear lot line" shall be determined
as the lot line opposite the designated front.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lot lines measured
along a straight line drawn, at the required minimum front setback
distance, perpendicular to the lot's depth.
The largest area found by the projection of a horizontal
plane through the livable floor area which is enclosed by the exterior
walls of the building.
Any process whereby the nature, size or shape of articles
of raw materials are changed or where articles are assembled or packaged
in quantity.
A Comprehensive Plan for the development of the Village prepared
by the Planning Board and adopted by the Village Board of Trustees,
pursuant to Article 7 of the Village Law, and includes any part of
such plan separately adopted and any amendment to such plan or parts
thereof.
Any table, board, machine, device or apparatus fitted for
use by the public, the operation of which is permitted, controlled,
allowed or made possible by means of a lever, switch or electric current
or by the deposit or insertion of a coin, plate, disc, slug or key
into any slot, crevice or opening or by the payment of any fee or
fees, and which operates or which may be operated for use as a game,
contest or amusement or which may be used for any such game, contest
or amusement, but which table, board, machine, device or apparatus
does not contain a payoff device and which does not return or vend
any article or merchandise or any money, coin, check or token. This
does not include picture-taking and laminating machines, merchandise
vending machines, electronic weight or reading machines or jukeboxes
and other machines used solely for reproduction of music or sound.
A facility for the production, recording, assembly, editing,
storage and distribution of media products and services, including
broadcast, film, print, and video.
[Added 4-20-2016 by L.L.
No. 6-2016]
An unincorporated association of persons for a common social
purpose or an association incorporated under the Not-For-Profit Corporation
Law and which association or membership corporation is not conducted
for profit and is not a part of, related to or associated with a profit-making
venture and which is managed by officers or directors serving without
pay and chosen or elected directly by members who form such an association
or membership corporation.
A building or use that does not conform to the requirements
of this chapter as prescribed for the district in which it is situated.
The map established by the Village Board of Trustees showing
streets, highways and parks and drainage systems theretofore laid
out, adopted and established by law and any amendments or additions
thereto adopted by the Village Board of Trustees or additions thereto
resulting from the approval of subdivision plats by the Planning Board
and the subsequent filing of such approved plats.
The date on which a subdivision plat is officially submitted to the Planning Board pursuant to Article 7 of the Village Law, and is hereby defined as the date of the next regular meeting of the Planning Board following completion of the application procedure outlined in § 250-92A of this chapter.
A space for the performance of shows, including theater,
dance, music, performing arts, film, multi-media, and other performance
events.
[Added 4-20-2016 by L.L.
No. 6-2016]
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
An establishment providing personal services such as small
appliance repair, tailor, computer repair, tattoo artist, nail salon,
barber, beauty shop, and similar services, with accessory retail sales.
[Added 4-20-2016 by L.L.
No. 6-2016]
The Village Planning Board.
See the definition of "subdivision plat."
The preliminary drawing or drawings, described in § 250-115 of this chapter, indicating the proposed manner or layout of the subdivision, to be submitted to the Planning Board for its approval.
An establishment where the primary business is to perform
printing and copying services, so long as printing is undertaken using
laser printers or similar technology utilizing self-contained ink
cartridges, and including accessory sales of goods relating to printing
or copying, such as binders, paper and similar items.
[Added 4-20-2016 by L.L.
No. 6-2016]
Rebuilding of a structure that includes new or replaced structure
elements.
A vehicle, towed or self-propelled, on its own chassis or
attached to the chassis of another vehicle and designed or used for
temporary living, recreation or sporting purposes. The term "recreation
vehicle" shall include but not be limited to travel trailer, pickup
campers, camping trailer, converted trucks and buses, snowmobile trailers
and similar vehicles.
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption in the within
building on the said premises, including take-out, but only as an
accessory use.
[Added 4-5-2017 by L.L.
No. 5-2017]
Any establishment whose principal business is the sale of
foods, frozen desserts 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 served from
a drive-in window for consumption off the premises.
[Added 4-5-2017 by L.L.
No. 5-2017]
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout shown on such map or
area reserved thereon for public use or any lot line; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
The distance from the building or use to the front lot line.
(See Figure A, Illustration of Setbacks and Yards, included at the
end of this chapter.)
The distance from the building or use to the rear lot line.
(See Figure A, Illustration of Setbacks and Yards, included at the
end of this chapter.)
The distance from the building or use to any lot line other
than the front or rear lot line. (See Figure A, Illustration of Setbacks
and Yards, included at the end of this chapter.)
Any letter, word, model, banner, pennant, insignia, trade
flat, awning, device or representation used as or which is in the
nature of an advertisement, attraction or directive.
Includes all faces of a sign measured as follows:
When such sign is a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total "area" shall be considered to be that of the smallest
regular geometric shape which encompasses all of the letters, designs,
figures or symbols.
A physical plan that indicates proposed use and/or development of land and/or structures prepared in accordance with § 250-82D of this chapter.
The original sketch of a map first submitted under Article XVII.
A permit for a use that is appropriate in a particular district
only if certain specific conditions are met.
A use of property that is appropriate to a given zoning district
but which may be incompatible in some locations within the district
and therefore is not permitted by right everywhere within such district.
A "special permit use," therefore, is one which is allowable only
when facts and conditions specified in this chapter as those upon
which the use is permitted are found to exist.
Any bakery, seller of coffees and teas, cheese shop, pizzeria,
delicatessen, ice cream maker or stand, chocolate or candy maker,
microbrewery, or similar uses, where such use is the primary principal
use of the space, and may offer accessory seating for a maximum of
18 persons for on-site consumption of food and beverages, whether
provided inside or outside of the building structure, exempt from
zoning provisions for off-street parking required for restaurants
or quick-service establishments. This definition shall not include
establishments that otherwise qualify as restaurants, quick-service
or fast-food establishments, gasoline convenience stores, supermarkets
or grocery stores.
[Added 4-20-2016 by L.L.
No. 6-2016]
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing, where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
A line equidistant from each street line; or, if no street
line is established, the center line of the existing pavement; or,
if the street is unpaved, the center line of the existing traveled
way.
A road or a portion of a street with only one vehicular traffic
outlet.
The dividing line between the street and the lot.
The wearing or exposed surface of the roadway used by vehicular
traffic, excluding curbs or gutters.
The distance between property lines measured at right angles
to the center line of the street.
An existing state, county, town or Village highway.
Includes streets, roads, avenues, lanes or other
ways.
A street shown:
On the Official Map of the Village of West Haverstraw;
On a plat approved by the Village Planning Board;
or
On a plat duly filed and recorded in the office
of the County Clerk of Rockland County prior to grant to the Village
Planning Board of the power to approve plans, provided that such "street"
shall have been suitably improved to the satisfaction of the Village
Board of Trustees.
Any change in the supporting members of a building.
Any person, firm, corporation, partnership or association
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof as defined herein.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land, with or without new streets,
for the purpose, whether immediate or future, of transfer of ownership
or building development; and shall include resubdivision.
All subdivisions not classified as minor subdivisions, including
but not limited to the subdivision into four or more lots, or any
size subdivision requiring any new street or extension of municipal
facilities.
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map or the zoning provisions of this chapter.
The final map or drawing, described in § 250-117 of this chapter, on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be submitted to the County Clerk for recording.
A person licensed as a land surveyor by the State of New
York.
That percentage of lot area covered by all impervious surfaces,
including buildings, structures, decks, patios, etc.
[Added 2-18-2004 by L.L. No. 1-2004]
Any vehicle mounted on wheels movable either by its own power
or by being drawn by another vehicle and equipped to be used for living
or sleeping quarters or so as to permit cooking. The term "trailer"
shall include such vehicles if mounted on temporary or permanent foundations
with the wheels removed.
An unenclosed portion of the ground area of a lot which is
not devoted to driveways or parking spaces, which is free of structure
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 20 feet and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all said occupants.
A facility that provides spiritual and physical wellness
programs, including but not limited to yoga, meditation, acupuncture,
massage, spa treatments, and other programs designed to enhance spiritual
and physical well-being.
[Added 4-20-2016 by L.L.
No. 6-2016]
An unoccupied ground area fully open to the sky between the
street line and a line drawn parallel thereto. (See Figure A, Illustration
of Setbacks and Yards, included at the end of this chapter.)
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto. (See Figure A, Illustration
of Setbacks and Yards, included at the end of this chapter.)
An unoccupied ground area fully open to the sky between any
property line drawn parallel thereto and between the front and rear
yards. (See Figure A, Illustration of Setbacks and Yards, included
at the end of this chapter.)
