Words used in the present tense include the
future tense; the singular includes the plural; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the words "plot" or "parcel"; the term "shall" is always mandatory;
and the words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
Specific terms: As used in this chapter, unless
the context or subject matter requires otherwise, the following terms
shall have the meanings herein indicated: [Amended 11-16-2009
by L.L. No. 4-2009]
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
The maximum horizontal area of a building at the ground level.
The total area within the properly lines, excluding external
streets and also excluding 75% of any portion of such lot which consists
of a wetland, water body or watercourse. For any lot proposed to be
created subsequent to the effective date of this amendment, lot area
shall also exclude 50% of any portion of such lot which consists of
steep slope, as defined herein.
[Amended 5-19-2003 by L.L. No. 4-2003]
A dwelling unit specifically designed for use and occupancy
by a senior-citizen household, which unit may contain a kitchenette
but is provided support services, including at least 60 meals per
month, and may also be provided, either by the facility operator or
by an appropriate third party, medication supervision, personal care
services and assistance with the activities of daily living, such
as bathing, dressing, grooming, eating and/or ambulation.
[added 11-6-2000 by L.L. No. 2-2000]
A nonlivable area under a gable, hip or gambrel roof, the
wall plates of which on at least two opposite exterior walls are not
more than two feet above the top of the floor beams of such story,
and the average inside clear height at any cross section is not greater
than four feet.
A story partly underground but having 1/2 or less than 1/2
of its clear height from finished floor to finished ceiling below
mean finished grade.
Any dwelling in which one or more persons, either individually
or as families, are housed or lodged for hire, with or without meals.
A rooming house, bed-and-breakfast establishment or a furnished room
house shall be deemed a "boardinghouse."
[Amended 11-19-1990 by L.L. No. 13-1990]
A roofed area connecting a building and its accessory or
connecting two buildings.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
A building surrounded by open space on the same lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The maximum height of any building to the highest point thereof
measured from the arithmetical mean elevation of the finished grade
across the front of the building or from the arithmetical mean elevation
of the finished grade adjacent to the exterior walls of the building,
whichever is lower. The height limitations of this chapter shall not
apply to steeples, spires, chimneys, ventilators, water tanks, bulkheads
and necessary mechanical appurtenances usually carried above the roof
level, provided such features shall be erected only to such height
as is necessary to accomplish the purpose they are intended to serve.
[Amended 5-19-2003 by L.L. No. 4-2003; 11-21-2005 by L.L. No.
6-2005]
A building in which is conducted the principal use of the
lot on which it is located.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
Type 1. Any area of land or water on which are
located two or more cabins, tents, trailers, shelters, houseboats
or other accommodations of a design or character suitable for seasonal
or other more or less temporary living purposes, regardless of whether
such structures or other accommodations actually are occupied seasonally
or otherwise;
Type 2. Any building or group of buildings,
other than buildings constituting a "camp, Type 1," used for temporary
or seasonal living purposes other than normal residential occupancy
of a dwelling of a type permitted in the district in which situated
or normal occupancy of a hotel, rooming house, tourist home or automobile
court; or
Type 3. Any land, including any building thereon,
used for any assembly of persons for what is commonly known as "day
camp" purposes and shall apply to any of the foregoing establishments
whether or not conducted for profit and whether occupied by adults
or by children, either as individuals, families or groups.
A roofed structure enclosed on no more than two sides for
the storage of one or more motor vehicles.
A story wholly or partly underground and having more than
1/2 of its clear height from finished floor to finished ceiling below
the mean finished grade. A "cellar" shall not be considered in determining
the permissible number of stories.
Every type of motor-driven vehicle used for commercial purposes
on the highways, such as the transportation of goods, wares and merchandise
and motor coaches carrying passengers, including trailers, semitrailers
and tractors used in combination with trailers.
[Added 2-5-1990 by L.L. No. 3-1990]
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
That percentage of the plot or lot area covered by the combined
area (footprint) of all buildings, including porches and decks.
[Amended 5-19-2003 by L.L. No. 4-2003]
That percentage of the lot area covered by the combined area
of all buildings, structures and paved surfaces, including gravel,
crushed stone or other similar man-made surfaces.
[Added 5-19-2003 by L.L. No. 4-2003]
The officially established grade of the curb in front of
the midpoint of the lot.
To fill, grade, place, eject, emit, discharge or dump any
material.
[Added 5-19-2003 by L.L. No. 4-2003]
A portable structure or vehicle used as a public eating house
or for the sale of prepared foods.
A place where more than three dogs are kept that area more
than six months old.
The predominant plant species (i.e., the species dominating
a particular area) or a co-dominant species (i.e., when two or more
species dominate a particular area).
[Added 5-19-2003 by L.L. No. 4-2003]
A lot of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purposes, of garbage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof or waste material of any kind.
A building designed or used as the living quarters for one
or more families.
A building designed for or occupied exclusively by one family.
A building or portion thereof providing complete housekeeping
facilities for one family.
One or more related persons occupying the premises and living
as a single nonprofit housekeeping unit.
See "gasoline station."
The sum of the gross horizontal areas of the several floors
of the building or buildings, measured from the exterior faces of
exterior walls or from the center line of walls or party walls separating
two buildings.
In particular, the floor area of a building
or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space used for mechanical equipment, with
structural headroom of seven feet, six inches or more.
Penthouses.
Attic space (whether or not a floor has actually
been laid) providing structural headroom of seven feet, six inches,
or more.
Interior balconies and mezzanines.
Porches, breezeways or similar structures.
Accessory uses, not including space used for
accessory off-street parking.
However, the floor area of a building shall
not include:
Cellar space, except that cellar space used
for retailing shall be included for the purpose of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
Floor space used for mechanical equipment, with
structural headroom of less than seven feet, six inches.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet,
six inches.
Uncovered steps.
Terraces and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
The sum of the gross horizontal areas of the stories of all
buildings on a lot, measured from the exterior faces of exterior walls,
including any roofed-over porches or roofed-over decks, carports,
and garage space.
[Added 5-19-2003 by L.L. No. 4-2003; amended 1-2-2007 by L.L. No. 3-2007]
The quotient of the floor area of a building divided by its
lot area.
A building or part of a building intended or designed to
be used for the storage of one or more motor vehicles.
An enclosed space for the storage of not more than three
motor vehicles, provided that no business, occupation, service or
servicing of motor vehicles is conducted for profit therein nor space
therein for more than one car is leased to a nonresident of the premises.
Any garage not a private garage, or which is used for the
indoor storage, repair, rental or servicing of motor vehicles.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances, including any sale of motor vehicle accessories,
and which may or may not include facilities for lubricating, washing
or otherwise servicing motor vehicles, but not including the painting
thereof by any means.
The elevation of the street front property line shall be
considered the "established grade," unless the elevation of the center
line of the street is officially established by Village authorities,
in which case such established line shall be considered the "established
grade."
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1,829 mm) from the building, between the building and a
point six feet (1,829 mm) from the building.
[Added 11-21-2005 by L.L. No. 6-2005]
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of another
street upon which the lot abuts, at the midpoint of the frontage of
the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
"street grade."
An occupation or a profession which:
Is customarily carried on in a dwelling unit
or in a building or other structure accessory to a dwelling unit;
Is carried on by a member of the family residing
in the dwelling unit;
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes; and
Conforms to the following additional conditions:
The occupation or profession shall be carried
on wholly within the principal building or within a building or other
structure accessory thereto.
Not more than one person outside the family
shall be employed in the home occupation or profession.
There shall be no exterior display, no exterior
sign, except as permitted under Supplementary Regulations,[1] no exterior storage of materials and no other exterior
indication of the "home occupation" or variation from the residential
character of the principal building or accessory building.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by paying guests.
Dwelling units constructed for families whose annual income
is between 50% and 80% of the Westchester County median income, as
defined and periodically updated by the United States Department of
Housing and Urban Development, and the annual rental cost of which
does not exceed 30% of said income or, for homeowners, the annual
cost of the sum of principal, interest, taxes and insurance (PITI)
and common charges, as applicable, does not exceed 30% of said income.
[Added 11-16-2009 by L.L. No. 4-2009]
Housing designed, marketed, and made available to families
that include emergency service volunteers, public service, and quality-of-life
occupations that serve the residents of the Village of Ardsley with
said families having annual income that does not exceed 120% of the
Westchester County median income as defined and periodically updated
by the United States Department of Housing and Urban Development.
[Added 11-16-2009 by L.L. No. 4-2009]
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper portion
of the soil, as set forth in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, as updated from time to time.
[Added 5-19-2003 by L.L. No. 4-2003]
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content, as set forth in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, as updated from time to time, and Wetlands
Plants of the State of New York, published by the United States Fish
and Wildlife Service in cooperation with the National and Regional
Wetlands Plant List Review Panels, as updated from time to time.
[Added 5-19-2003 by L.L. No. 4-2003]
A dwelling unit specifically designed for use and occupancy
by a senior-citizen household, which unit contains a kitchen but which
has available for its use common amenities, including dining facilities,
laundry, security and housekeeping services.
[Added 11-6-2000 by L.L. No. 2-2000]
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition, or
for the sale of parts thereof.
The dividing line between the street right-of-way and the
lot.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under the
provisions of this chapter.
See "area, lot."
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The mean distance from the front street line of the lot to
its opposite rear line measured in the general direction of the side
lines of the lot.
A lot other than a corner lot.
Any line dividing one lot from another.
The average width of the property measured parallel to the
street front property line. It shall be determined by dividing the
longest side of the property perpendicular to or emanating from the
end of the street front property line into 10 equal segments and extending
from the end of each such segment a measurement line parallel to the
street front property line and terminating at the property side opposite.
The "mean lot width" shall be calculated by adding the lengths of
all such measurement lines, including the length of the street front
property line, and dividing the sum by the total number of lines.
Where the street front property line is discontinuous or curved, the
street or a line connecting the farthest ends of the street front
property line(s) shall be considered the direction of the street front
property line for this purpose.
[Amended 11-18-1985 by L.L. No. 7-1985]
An interior lot having frontage on two parallel or approximately
parallel streets.
Soil, silt, stones, sand, gravel, rock, clay, bog, peat,
mud, debris, water and refuse or any other organic or inorganic substance,
chemical agent or matter, sewage, sludge or effluent or municipal
or industrial solid waste, whether liquid, solid or gaseous, or any
combination thereof.
[Added 5-19-2003 by L.L. No. 4-2003]
A building or group of buildings providing sleeping and possibly
eating accommodations and intended for the transient motor car traveler.
Any building called "motor hotel," "motel club," "auto court," "swimming
motel club," "tourist court" or any similar name, whose purpose or
use is the same as described above shall be considered as a "motel."
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
A building, structure or use of land existing at the time
of enactment of this chapter which does not conform to the regulations
of the district or zone in which it is situated.
An unoccupied space open to the sky on the same lot with
the building.
The area required for parking one vehicle, which, in this
chapter, is held to be a paved area nine feet wide and 18 feet long,
not including (except in the case of one-family residences) passageways
and access driveways; except that paving is not required for one-family
residences.
[Amended 3-18-1996 by L.L. No. 1-1996]
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including public
agencies and municipal corporations.
[Added 5-19-2003 by L.L. No. 4-2003]
A floored and/or roofed structure (at or above ground level),
physically attached to and part of the main building; no "porch" shall
be included in the minimum building area required unless fully enclosed
and heated.
A lot or land or part thereof used for the purpose of extracting
earth, stone, sand or gravel.
A business enterprise primarily engaged in the retail sale
of ready-to-consume food and beverages 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 in a facility
where a substantial portion of the sales to the public is by drive-through
or stand-up service. The term "quick service eating and drinking establishment"
shall not include delicatessens, bakeries, grocery stores or other
such food sales establishments.
[Added 2-3-1975 by L.L. No. 1-1975; amended 3-18-1996 by L.L. No. 1-1996]
A business enterprise, or that portion thereof, engaged in
the preparation and retail sale of food and beverages selected from
a full menu by patrons seated at a table or counter, served by a waiter
or waitress and consumed on the premises. The term "restaurant" does
not include a quick service eating and drinking establishment.
[Amended 3-18-1996 by L.L. No. 1-1996]
A roof with a rise of less than five inches per foot.
[Added 5-19-2003 by L.L. No. 4-2003]
A roof with a rise of not less than five inches per foot
nor more than 18 inches per foot. Any roof with a rise exceeding 18
inches per foot shall be considered a wall.
[Added 5-19-2003 by L.L. No. 4-2003]
An individual person who is 62 years of age or older, or
a two-person household which includes at least one person who is 62
years of age or older and no one under the age of 18.
[Added 11-6-2000 by L.L. No. 2-2000; amended 12-18-2000 by L.L. No.
5-2000]
Any structure or part thereof, or any device attached to
a structure or painted or represented on a structure, which shall
display or include any letter, numeral, word, model, banner, flag,
pennant, insignia, device or representation used as, or which is in
the nature of, an announcement, direction or advertisement. A "sign"
includes any billboard but does not include the flag, pennant or insignia
of any nation or group of nations or of any state, city or other political
unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event.
A list, maintained by the Village Planning Board, of trees
or stands of trees which are determined to be significant by said
Board on the basis of species, quality, historical significance, location
or other unique characteristic.
[Added 5-19-2003 by L.L. No. 4-2003]
Any sign designed to give forth any artificial light or designed
to reflect such light deriving from any source which is intended to
cause such light or reflection. A "flashing sign" is any "illuminated
sign" on which the artificial light is not maintained stationary and
constant in intensity and color at all times when in use.
Any sign which is attached perpendicular to the building
wall or structure by means of a bracket or similar device and which
extends horizontally from the plane of such wall or structure more
than six inches.
[Added 5-4-2009 by L.L. No. 2-2009]
A dwelling unit which is specifically designed for occupancy
by individuals suffering from memory impairment, including Alzheimer's
disease, and which unit is provided support services, including at
least 60 meals per month, and may also be provided, either by the
facility operator or by an appropriate third party, medication supervision,
personal care services and assistance with the activities of daily
living, such as bathing, dressing, grooming, eating and/or ambulation.
[Added 11-6-2000 by L.L. No. 2-2000]
A permit granted for a use specifically provided for in the
Code for which the imposition of conditions may be necessary to protect
the health, safety and/or welfare of the community.
[Added 12-17-1990 by L.L. No. 16-1990]
An accessory building in which horses or other animals are
kept for private use and not for hire, remuneration or sale.
A building in which any horses or other animals are kept
for remuneration, hire or sale.
A geographical area, whether natural or man-made and whether
on one or more lots, having a ratio of vertical distance to horizontal
distance of 25% or more, with a minimum land surface dimension of
at least 10 feet and a minimum land surface area of at least 10% of
the minimum required lot area in the district in which it is located,
or 10% of the actual lot size, whichever is less (See following illustration.):
[Added 5-19-2003 by L.L. No. 4-2003; amended 11-21-2005 by L.L. No.
6-2005]
That portion of a building included between the surface of
any finished floor and the finished floor next above it, or, if there
is no finished floor above it, then the space between any finished
floor and the ceiling next above it.
Any story having its finished floor surface entirely above
grade plane, except that a basement shall be considered as a story
above grade plane where the finished surface of the floor above the
basement is:
[Added 11-21-2005 by L.L. No. 6-2005]
The vertical distance from the finished floor to the finished
floor next above it. The height of the topmost story is the distance
from the top surface of the finished floor to the top surface of the
ceiling joists.
A public way which affords a principal means of access to
abutting properties.
A combination of materials to form a construction of any
kind.
An unroofed, floored or paved area at approximate ground
level.
A building or part of a building devoted to the showing of
moving pictures, theatrical productions or television on a paid admission
basis.
An open lot or part thereof, with its appurtenant facilities,
used for the showing of moving pictures, theatrical productions or
television on a paid admission basis, to patrons seated in automobiles
or on outdoor seats.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
A vehicle used for living, sleeping or business or commercial
activities, standing on wheels or on rigid supports, whether or not
self-propelled.
Any healthy, living, woody plant, including its root system
in the area within the outer limit of its branches (drip line), which
has a diameter at breast height (dbh) of eight inches or more.
[Added 5-19-2003 by L.L. No. 4-2003]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Any natural surface water segment, including ponds and lakes.
A water body may be either intermittently, seasonally or permanently
covered by water and contains a discernible shoreline.
[Added 5-19-2003 by L.L. No. 4-2003]
Any brook, creek, stream, river, rivulet, or other such waterway
flowing in a definite channel with a bed and banks. A drainage ditch,
swale or surface feature that contains water only during and/or immediately
after (up to 48 hours) a rain storm or snow melt shall not be considered
a watercourse.
[Added 5-19-2003 by L.L. No. 4-2003]
A geographic area that is covered with shallow and sometimes
temporary or intermittent water, commonly referred to as a swamp,
marsh, bog or vernal pool. This shall include all areas that comprise
hydric soils and/or are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
under normal circumstances do support, a prevalence of hydrophytic
vegetation as defined herein.
[Added 5-19-2003 by L.L. No. 4-2003]
A space, unoccupied (except by a terrace), and open to the
sky, on the same lot with a building or structure and not bounded
on two or more sides by the walls of a building.
An open, unoccupied space on the same lot with a main building,
extending the full 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.
An open, unoccupied space on the same lot with a main building
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the "rear yard" shall be measured
between the rear line of the lot and the rear line of the building.
An open, unoccupied space on the same lot with a main building,
situated between the side line of the building and the adjacent side
line of the lot and extending from the rear line of the front yard
to the front line of the rear yard. If no front yard is required,
the front boundary of the "side yard" shall be the front line of the
lot, and if no rear yard is required, the rear boundary of the "side
yard" shall be the rear line of the lot.
