Village of Ossining, NY Article II Definitions; Use Groups

§ 270-3 Word usage.

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 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."

§ 270-4 Definitions; use group classifications.

A. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated.

ACRE

An area containing 43,560 square feet.

ALTER

To change, enlarge or rearrange the structural parts of an existing building or structure or to move a building from one location or position to another.

APPLICANT

The person or entity that is submitting an application for development, or the successor to the same.

ARTICULATION

An architectural demarcation consisting of an element such as a cornice line or entablature; a course of brick, stone or other material which projects or is differently colored or differently laid; or a change from an opaque surface to a void.

BASE DISTRICT

Any zoning district which is mapped in an area subject to the provisions of an overlay district.

BASEMENT

That portion of a building that is partly or completely below grade plane. A basement shall be considered as a story where the finished surface of the floor above the basement is:

(1) More than six feet above grade plane;

(2) More than six feet above the finished ground level for more than 50% of the total building perimeter; or

(3) More than 12 feet above the finished ground level at any point.

BILLBOARD

Any sign 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, including motor vehicles with signs attached thereto and parked in such a way as to serve as billboards, whether on the same lot as the business or not. Exceptions are temporary signs and way-finding signs.

BOARDINGHOUSE, LODGING HOUSE or ROOMING HOUSE

A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.

BOARD OF TRUSTEES

The governing board of the Village.

BUFFER

An open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed to visibly and physically separate one use from another or to shield or block noise, lights or other nuisances. The buffer shall not be used or otherwise encroached upon by any parking, paving or aboveground structure on the lot so as to provide for adequate separation and protection from otherwise inharmonious or incompatible uses. A buffer requirement is in addition to all yard and setback requirements and is measured at right angles to and inward from the yard line.

BUILDING

Any structure used or intended for supporting or sheltering any use or occupancy, as well as the following:

(1) Fences projecting above the ground not more than 6.5 feet at the lower ground level.

(2) Masonry or rock walls projecting above the ground and not more than 3.0 feet at the higher ground level and not more than 6.5 feet at the lower ground level. Retaining walls are excluded.

[Amended 8-2-2011 by L.L. No. 3-2011]

(3) Porches, outdoor bins and other similar structures.

BUILDING AREA

The maximum horizontal cross section of a building, including porches, balconies and raised platforms, but excluding cornices, roof overhangs, gutters or chimneys projecting not more than three feet, and steps and terraces not more than three feet above the average adjacent ground elevation.

BUILDING INSPECTOR

The Building Inspector of the Village or his designee. Any reference to the Building Inspector in this chapter shall also be deemed to include and refer to the Director of Code Enforcement.

[Amended 1-19-2010 by L.L. No. 1-2010]

BULK

The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, coverage and yard setbacks.

CERTIFICATE OF COMPLIANCE

Official certification that the use of a building conforms to this chapter and to any additional applicable rules and regulations.

CERTIFICATE OF OCCUPANCY

Official certification that a building or structure conforms to this chapter and to any additional applicable rules and regulations and may be occupied.

COMPREHENSIVE PLAN

A comprehensive plan adopted by the Board of Trustees pursuant to 722 of the Village Law which indicates the general locations recommended for the various functional classes of public works, places and structures and the general physical development of the Village and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

COMMON OPEN SPACE

The unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, 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.

COVERAGE

(1) BUILDING COVERAGE That percentage of the land area covered by the combined building area of all buildings, excluding any building or structure located completely below ground.

(2) IMPERVIOUS COVERAGE That percentage of the land area covered by impervious surfaces.

CURB LEVEL

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.

DENSITY

The number of dwelling units per acre of land, usually expressed as dwelling units per acre.

DEVELOPED LOT

A parcel or plot of land that is occupied by a principal building.

DISTRICT or ZONE

Any portion of the territory of the Village within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this chapter.

DRIVEWAY

A means of access for vehicles to or from a property to a roadway.

DWELLING, DETACHED ONE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, MULTIFAMILY

A building or portion thereof containing three or more dwelling units.

DWELLING, ROW OR ATTACHED

A one-family dwelling with party walls separating it from adjacent units on one or both sides.

DWELLING, TWO-FAMILY

A detached building containing two dwelling units only in which the units are separated by vertical or horizontal partitions and not by a party wall.

DWELLING UNIT

A single unit providing complete, independent living facilities for one family, including provisions for living, sleeping, eating, cooking (including all types of cooking appliances) and sanitation. All rooms in a unit must have an internal structural connection such as internal doorways or internal stairs. A house trailer, boardinghouse or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar homes or other similar structures shall not be deemed to constitute a dwelling unit.

[Amended 8-2-2011 by L.L. No. 3-2011]

EXTERIOR ARCHITECTURAL FEATURE

The architectural style and general arrangement of such of the exterior of a structure as is designed to be opened to view from a public way, including kind, color and texture of building materials, type of all windows, doors, lights, signs and other fixtures appurtenant to such portion.

FACADE

One side of the exterior of a building.

FAMILY

One or more persons, whether or not related by blood or marriage, living and eating together as a single housekeeping unit and sharing common expenses and household tasks.

FENCE

Any partition or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the lot area consisting of posts or stakes joined together by materials such as but not limited to boards, rails, netting or mesh. No fence in any residential district shall include barbed or chicken wire.

[Added 8-2-2011 by L.L. No. 3-2011]

FLAG LOT

A lot that contains two distinct parts:

(1) The flag, which is the only building site and is located behind another lot; and

(2) The pole, which connects the flag to the street and provides the only street frontage for the lot and at any point is less than the minimum lot width for the zone.

FLOOR AREA, HABITABLE, RESIDENTIAL

All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square foot area of the room. Habitable floor area shall include all spaces not otherwise excluded above that are arranged for living, eating, food preparation or sleeping purposes, not including bathrooms, foyers, hallways and other accessory floor space.

FLOOR AREA, LIVABLE, RESIDENTIAL

All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square foot area of the room. Livable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit.

FRONTAGE

The horizontal distance measured along the full length of a street line abutting the lot.

GRADE

The finished ground level adjoining the building or structure at all exterior walls.

GRADE PLANE

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 from the building, between the building and a point six feet from the building.

GROSS FLOOR AREA

For one- and two-family homes: The gross floor area shall include all floor areas of all habitable rooms of all buildings and structures on the site. For all other buildings and structures: The gross floor area shall mean the sum of the areas of horizontal sections through each story of all parts of the building devoted to residential or commercial use. In computing the gross floor area, the area of horizontal section shall be that area enclosed by the outside faces of all exterior walls. Further, the gross floor area shall not include the floor areas devoted to any accessory parking structures.

GROUND FLOOR

The lowest floor of a building having its entire floor to ceiling height above grade.

HABITABLE ROOM

A room or enclosed floor space arranged for living, eating, food preparation or sleeping purposes, not including bathrooms, foyers, hallways and other accessory floor space.

HEIGHT OF A STRUCTURE OR BUILDING

The vertical distance measured from the grade plane to the average height of the highest point of the building or structure, excluding the chimney and rooftop appurtenances such as antennas, elevator penthouses, water towers or mechanical equipment.

IMPERVIOUS SURFACE

Those surfaces, improvements and structures that cannot effectively infiltrate snow melt and stormwater into the ground, including but not limited to: parking areas, driveways, streets, sidewalks, areas of concrete, asphalt, gravel or other compacted aggregate, swimming pools, and areas covered by the outdoor storage of goods or materials which do not absorb water.

LOCAL WATERFRONT REVITALIZATION PLAN (LWRP)

The Local Waterfront Revitalization Plan, as adopted by the Village Board of Trustees and amended from time to time.

LOT

A portion or parcel of land considered as a unit.

LOT AREA

The total horizontal area included within the property lines of a lot.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets where the interior angle of the intersection does not exceed 135º. A lot abutting a curved street shall be deemed to be 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 135º.

LOT, DEPTH

The minimum distance from the street line of a lot to the rear lot line of such lot.

LOT LINE

A line dividing one lot from another or from a street or public place.

LOT LINE, FRONT

The lot line which abuts or runs along the designated street line. In the case of a flag lot situated to the rear of another lot, its front lot line shall be the rear lot line of the front lot for purposes of measuring the front yard.

LOT LINE, REAR

The lot line generally opposite to the street line; if the rear lot line is less than 10 feet in length, or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the street line, not less than 10 feet long, lying farthest from the street line.

LOT WIDTH

The dimension measured along the front yard line at substantially right angles to the depth of the lot.

NONCOMPLYING BUILDING

A building which contains a use permitted in the district in which it is located, but which does not conform to the district regulations for: lot area, width or depth; front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling unit.

NONCONFORMING USE

A use, whether of a building or tract of land, or both, existing on the effective date of this chapter, which does not conform to the use regulations of the district in which it is located.

OCCUPANCY

The purpose for which a building or structure, or portion thereof, is utilized or occupied.

OPEN AREA

An area of land that provides uninterrupted space for the purposes of view corridor preservation. Open area may include open space or green space, as well as parking or loading areas.

OPEN SPACE

Areas of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment; or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may be improved with those buildings, of which not more than 25% roofed for shelter purposes only, and other improvements that are designed to be incidental to the natural openness of the land.

OVERLAY DISTRICT

A zoning district establishing regulations which supersede less restrictive regulations of a base district.

OWNERSHIP, SAME

Includes all vested or contingent interests of any person or his/her agent, representative, successor or assignee, irrespective of whether or not such interest is recorded, in the following circumstances:

(1) Direct ownership by such person or his or her spouse, child, parent, sibling or spouse of sibling, heir or next of kin, agent, corporation, firm, entity, partnership or unincorporated association.

(2) Ownership of property by different corporations, firms, partnerships, entities or unincorporated associations, in which such a person is a stockholder, a partner or associate or his or her spouse, child, parent, sibling or spouse of sibling, heir or next of kin or owns 10% or greater in each corporation, firm, partnership, entity or unincorporated association.

(3) When such person or his/her estate, successors or assigns, or any person or entity included in Subsections A and B herein, may be materially or substantively affected by the relief sought, or by any determination in any proceeding sought, before any board, body, commission or agency of the Village of Ossining, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.

PARKING AREA

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other considerations.

PARKING LOT

An off-street, improved lot, or part thereof, used for the storage of motor vehicles, which contains space rented to the general public by the hour, week, month or year.

PARTY WALL

The wall created on the boundary of the two properties and which serves as a common structure between the two premises owned by different parties.

PEDESTRIAN TRAFFIC FUNCTION

A measure of the intended use of the street for pedestrian traffic. Streets with a high pedestrian function: examples include Main Street, Highland Avenue, Croton Avenue, Spring Street, State Street, Brandreth Street, Water Street and Depot Plaza.

PERMITTED USE

A use of a building or land that conforms with the provisions of this chapter.

PLANNING BOARD

The Village of Ossining Planning Board, established by law.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located.

PUBLIC SEWER AND PUBLIC WATER

Sewage disposal and water supply systems approved by the Village Board for municipal operation.

RETAINING WALL

A wall or portion thereof exceeding five feet in height built to support or prevent the advance of a mass of earth.

[Added 8-2-2011 by L.L. No. 3-2011]

SCREEN or SCREENING

(1) A densely planted vegetative strip at least five feet wide or having equivalent natural growth. The shrubs or trees shall be at least four feet high at the time of planting and will be a type of planting that will form a year-round dense screen at least six feet high within three years;

(2) An opaque wall or barrier or uniformly painted fence at least six feet high; or

(3) Any other islands, barriers, emplacements, walls, fences, trees, plantings, shrubbery or other artificial or natural dividing strips or markers of any kind, wherever located on the site.

SETBACK

The distance between a structure and a lot line or, where specified in this chapter, another reference point or line, such as a curbline.

[Amended 8-2-2011 by L.L. No. 3-2011]

SHOPPING CENTER

A tract of land, with buildings or structures planned as a whole and intended for one or more establishments for retail, office or allied purposes, on a site of 65,000 square feet or more.

SIGN

Any structure, or part thereof or any device attached to a building or painted or represented thereon or displayed in a window, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A sign includes a billboard or a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing or signs required by governments to indicate necessary public services or activities.

SIGN AREA

An area, including all faces of a sign, measured as follows:

(1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area of such frame or outline shall be included.

(2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.

SITE PLAN

A development plan of one or more lots or parcels meeting the requirements of this chapter.

SLOPE

The deviation of a surface from the horizontal, measured as the vertical distance (rise) divided by the horizontal distance (run), and expressed in percent or degrees.

STORY

That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. (See "basement.")

[Amended 8-2-2011 by L.L. No. 3-2011]

STORY, HALF

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.

STREET

Includes a highway, road, avenue or alley which the public has a right to and is Village dedicated or that is a federal, state or county highway or street.

STREET LINE

The dividing line between a lot and a street.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as beams, columns or girders.

STRUCTURE

That which is built or constructed.

SUBDIVISION

The division of land of real property into two or more lots, plots, blocks or sites, with or without streets or highways, for the purpose of offering such lots, plots, blocks or sites for sale, transfer of ownership or development. The term "subdivision" may include any alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the Office of the County Clerk in Westchester County in which such plat is located.

SWIMMING POOL, NONCOMMERCIAL

A body of water in an artificial receptacle or other container, which will cause the retaining of water to a depth greater than 18 inches, and having a surface area of water greater than 100 square feet and which is used or intended to be used for swimming by any family or persons residing on the premises and their guests. Such noncommercial pool shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling or dwellings thereon. Such noncommercial pool may be either an inground pool, which shall mean a pool constructed within an excavated depression below the surface of the ground, or an aboveground pool, which shall mean a pool, the frame of which is constructed of steel, aluminum or wood and which rests upon the ground surface, and may include a deck area which encircles all or part of the outside perimeter of such pool.

TEMPORARY SIGN

A sign which relates to a single activity or event having a duration of 30 days or less.

[Added 8-2-2011 by L.L. No. 3-2011]

TRAILER, CAMPING

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 vehicles if mounted on temporary or permanent foundations with the wheels removed.

USE, ACCESSORY

A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building. An accessory use may not be accessory to another accessory use.

VARIANCE

Permission to depart from the literal requirements of a chapter pursuant to the applicable standards of the Village Law.

VILLAGE

The Village of Ossining.

VILLAGE ENGINEER

The Village Engineer of the Village of Ossining.

VILLAGE LAW

The Village Law of the State of New York.

WATERCOURSE

Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WIDTH, BUILDING

The horizontal distance between the vertical planes of the furthermost faces of a building, measured along or parallel to the axis of its greatest dimension, excluding roof projections such as eaves, rakes and soffets.

YARD, FRONT

An unoccupied ground area, fully open to the sky, between the street line and a line drawn parallel thereto along the front of the building, extending from lot line to lot line.

YARD, LINE

A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.

YARD, REAR

An unoccupied ground area, fully open to the sky, between the rear lot line and a line drawn parallel thereto along the rear of the building, extending from lot line to lot line.

YARD, REQUIRED

Any yard measured between a line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.

YARD, SIDE

An unoccupied ground area, fully open to the sky, between any lot line other than a street or rear lot line and a line drawn parallel thereto along the side of the building between the front and rear yards.

ZONING MAP

The Zoning Map or Maps of the Village of Ossining, New York, together with any amendments thereto as may be subsequently adopted.

B. Use group classifications.

(1) Use groups, categories and subcategories.

(a) Use groups. This chapter classifies land uses into five major groupings: residential; commercial; civic and institutional; industrial; and accessory. These are referred to as "use groups."

(b) Use categories and subcategories. Each use group is further divided into more specific use categories. Use categories classify land uses and activities based on common functional or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and potential impacts on adjacent properties or areas. Subcategories may be provided for some use categories and may be subject to differing zoning district or use-specific standards.

(c) Examples. Typical uses cited as examples of the use categories and subcategories are not intended to be exclusive or restrictive.

(2) Residential use group. The residential use group includes uses that provide dwelling units for the purpose of ongoing living accommodations to one or more person. The residential use group includes the following use categories:

[Amended 8-2-2011 by L.L. No. 3-2011]

(a) Household living. Residential occupancy of a dwelling unit by a household with tenancy arranged on a monthly or longer basis.

[1] Dwellings, single-family detached. A detached building containing one dwelling unit only.

[2] Dwellings, single-family attached. An attached one-family dwelling with party walls separating it from adjacent units on one or both sides.

[3] Dwellings, two-family detached. A detached building containing two dwelling units only in which the units are separated by vertical or horizontal partitions and not by a party wall.

[4] Dwellings, two-family attached. A two-family dwelling with party walls separating it from an adjacent unit on one side.

[5] Dwellings, multifamily. A building or portion thereof containing three or more dwelling units.

(3) Commercial use group. The commercial use group includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use group includes the following use categories:

(a) Adult entertainment uses. For the definition of "adult entertainment use," see Chapter 60, Adult Entertainment.

(b) Animal-related uses. Commercial services related to the temporary care, boarding or medical treatment of animals. Uses are divided into two subgroups based on the intensity of the use, outdoor activity on the site and the potential for noise and odor-related externalities.

[1] General. General animal-related uses have no outdoor facilities and provide same-day services or treatment only for domestic animals such as dogs, cats, fish, birds and small mammals. Overnight boarding for larger animals such as dogs and cats is not permitted. Examples include pet store and grooming uses occupying less than 5,000 square feet of floor area.

[2] Intensive. Intensive animal-related uses include larger pet stores or provide outdoor facilities, overnight boarding or services or treatments for larger animals. Examples include animal shelters, kennels, stables, pet stores occupying more than 5,000 square feet of floor area and veterinary clinics.

(c) Bar or tavern uses. An establishment, which is licensed by the New York State Liquor Authority, having as its principal or predominant use the serving of beer, wine or liquor for consumption on the premises and which sets a minimum age requirement for entrance and patronage, consistent with state law. A bar or tavern use may also be accessory to a brewery or distillery or similar operation on the premises and may include the serving of alcoholic beverages crafted on premises pursuant to required licenses and in compliance with all applicable provision of the Village Code, including this chapter.

[Amended 1-20-2016 by L.L. No. 1-2016]

(d) Entertainment or recreation uses. Commercial facilities used primarily for physical exercise, recreation or cultural activities. Uses are divided into two subgroups based on indoor or outdoor operations.

[1] Indoor. Indoor uses in this category may require larger indoor areas to accommodate equipment or facilities for the proposed commercial entertainment or recreational activity. Examples include: physical fitness centers; health clubs; gyms; bowling alleys; indoor skating rinks; billiard halls; amusement arcades; indoor play parks; indoor theaters; performing arts centers; music halls; museums.

[2] Outdoor. Outdoor uses in this category are typically land-intensive uses that provide continuous recreation or entertainment-oriented commercial activities. They may take place in a number of structures that are arranged together in an outdoor setting. Examples include: commercially operated tennis and swimming facilities; golf driving ranges; outdoor miniature golf facilities; and active sports facilities such as batting cages.

(e) Lodging uses.

[1] Bed-and-breakfast. An owner-occupied residence used to provide lodging accommodations and a morning meal to visitors for compensation, provided that the owner lives on the premises and not more than six bedrooms are so used for the NC Districts and nine bedrooms for the VC District and Waterfront Districts. The maximum length of stay for an individual guest shall be 14 nights.

[2] Hotel. A facility offering 10 or more rooms for lodging accommodations for compensation to the general public and which may also provide additional services, such as meeting rooms, entertainment and recreational facilities, all for the use of customers residing at the inn and their guests only, and wherein all rooms are connected to interior hallways and thereby to interior elevators, lobbies and/or stairways, through which access to the exterior is gained. Motels and motor courts are not included in this definition and are prohibited in all zoning districts.

(f) Office uses. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical or financial services. Uses are divided into three subgroups based on land use impacts.

[1] General. Professional offices, including lawyers, accountants, engineers, architects and real estate agents; financial services, such as mortgage lenders, brokerage houses, financial consultants, administrative and banking facilities; data processing; government offices; public utility offices; social service or other professional agency or nonprofit offices; television and radio studios; and business offices.

[2] Live-work unit. An office or studio located within the same dwelling unit as the primary residence of the proprietor. Uses may include lawyers, architects, engineers, designers, music teachers, teachers, licensed real estate and/or insurance brokers and other similar professional office uses. Note: An art or crafts workshop as part of a dwelling unit is included in the artisan workspace category in the industrial use group. No more than 40% of the live-work unit shall be devoted to the work use, and the unit shall not be located on the ground floor of the building.

[Amended 1-20-2016 by L.L. No. 1-2016]

[3] Medical and dental. A type of outpatient office use distinguished by a higher-than-typical number of customer visits. Examples include medical and dental clinics; chiropractic clinics; medical and dental labs; blood-collection facilities; and physical therapy clinics.

(g) Parking uses, nonaccessory. Parking facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as nonaccessory parking.

(h) Restaurant uses. A fully enclosed establishment where meals or prepared food, including beverages, are served to customers for consumption on or off the premises, pursuant to required licenses.

(i) Retail sales and service uses. Establishments involved in the sale, lease or rent of new or used products to the general public for personal or household consumption and establishments involved in the sale of personal services, hospitality services or product repair services to the general public. Uses are divided into the following subgroups:

[1] Sales oriented. Stores selling, leasing or renting consumer, home and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, crafted items, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pet supplies (no animals or animal services), pharmaceuticals, plants, printed material, stationery, videos and similar goods. Also includes retail establishments that have a cottage industry or product-crafting component, such as bakeries, confectioneries, upholsterers, artisan workspaces, and similar. However, in the case of an artisan workspace with retail sales of artisan-crafted products, both the retail sales use and the artisan workspace use shall be deemed principal uses and shall meet the standards required for both.

[Amended 1-20-2016 by L.L. No. 1-2016]

[2] Personal service oriented. Establishments engaged in providing retail services such as laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, photocopy services, quick printing services, blueprint services, beauty salons and spa services and tanning salons or similar.

[3] Repair oriented. Repair of consumer goods, such as electronics, bicycles, office equipment and appliances. Does not include repair of motor vehicles or lawn, landscaping and garden equipment, small machines or similar intensive repair.

[4] Outdoor storage and sales. Uses that typically include large areas of outdoor storage or display, such as lumber yards; sales of landscaping materials and nursery products; equipment rental businesses.

(j) Funeral parlors, taxidermists, mortuaries and crematoriums. A building or structure used by a professional licensed mortician for cremation, burial preparation and other funeral services.

(k) Vehicle-related uses. Sales of motor vehicles or services related to motor vehicles. Uses are divided into two subgroups based on the intensity of the use, vehicle types sold or serviced, amount of outdoor service or storage and the potential for noise and odor-related externalities.

[1] General. General vehicle-related uses include limited service of passenger vehicles and the sale of vehicle parts, with outdoor storage limited to 10% of the lot size. Examples include car washes and auto detailing; gasoline filling stations; and retail sales of passenger vehicle parts with no on-site vehicle repair.

[2] General plus. A site proposing to combine a general vehicle-related use and a secondary use that is incidental to the general vehicle use but includes passenger car and vehicle repair limited to short-term, nonintensive repair that includes such work as oil changes, tire rotations, fluid checks, inspections. The vehicle repair component shall not contain more than two bays. No auto body repair is allowed.

[3] Intensive. Intensive vehicle-related uses allow for the sales and service of motor vehicles, including heavy vehicles and equipment, including lawn, landscaping and garden equipment. Outdoor storage areas for vehicles, parts or other supplies may exceed 10% of the lot area, but must be screened in accordance with the requirements of this chapter, except for vehicles on display for sale. Examples include vehicle repair and servicing, including the installation of vehicle parts; auto body repair; vehicle sales or rental; and vehicle storage yards, including towing and wrecker services or impoundments.

(4) Civic and institutional use group. The civic and institutional use group includes uses that provide public or quasi-public services. The public and civic use group includes the following use categories:

(a) Clubhouses and community centers. A use that provides meeting space and facilities for the activities of private, nonprofit associations or religious institutions, including the members and participants in the activities of such association or institution, and their guests, including members of the public invited by such association or institution to attend such activities. Examples include nonprofit meeting halls and activity space, clubs, associations or nonresidential fraternal organizations, such as the Masonic, Eagles, Moose and Elk Lodges and the Lions and American Legion Clubs; community centers for homeowners' associations or neighborhoods. Such a use typically restricts access to the general public without specific invitation and owns, leases or holds property in common for the benefit of its members and invited quests.

[Amended 4-6-2016 by L.L. No. 3-2016]

(b) Day care and nursery schools. A nonresidential facility that provides care or supervision for children for less than 24 hours per day for a fee. Day care uses also include organized programs of short-term supportive day care in a group environment for adults who need supervision, assistance or both. Services may include, but are not limited to, nursing and rehabilitative services, personal care, transportation services and social or recreational activities.

(c) Educational uses. Public and private schools that provide state-mandated primary and secondary generalized education; and schools for specialized activities, such as dance, music, martial arts, business and technical skills. Uses are divided into three subgroups:

[1] Elementary or secondary. Private schools at the primary, elementary, junior high or high school level that provide state-mandated basic education including schools with residential facilities accessory and incidental to an accredited school and serving no more than 25 students.

[Amended 1-17-2018 by L.L. No. 1-2018]

[2] Specialized schools. Schools primarily engaged in offering specialized trade, business or commercial courses, but not academic training. Also specialized non-degree-granting schools, such as music schools, dramatic schools, dance studios, martial arts studios, language schools and other short-term examination preparatory schools. If a specialized school involves indoor or outdoor recreational facilities, these facilities shall be deemed second principal uses and shall only be permitted in accordance with the requirements for entertainment and recreation uses.

[3] Higher learning. Colleges, universities and professional schools granting academic degrees and requiring at least a high school diploma or equivalent general academic training for admission. Junior colleges and technical institutes requiring at least a high school diploma or equivalent general academic training for admission and granting associate academic degrees, certificates or diplomas. These uses tend to be in campus-like settings or on multiple blocks.

(d) Hospitals. An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons that is licensed by state law to provide such services. Hospitals may include inpatient medical or surgical care for the sick or injured and related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Cafeterias, restaurants, florists, gift shops, pharmacies and other typical and subordinate uses may be permitted subject to the standards for accessory uses.

(e) Infrastructure and utilities uses. Public or private buildings, structures and lands used to provide infrastructure and utility services. Uses are divided into two subgroups based on potential impacts to surrounding areas, including the number of employees and/or visitors on site and the potential for noise and odor-related impacts.

[1] General. Infrastructure services that need to be located in or near the neighborhood or use where the service is provided. Examples of general utilities include water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges and surface transportation stops such as bus stops and park-and-ride facilities.

[2] Intensive. Infrastructure services providing regional or community-wide service that normally entail the construction of new buildings or structures such as water towers, waste treatment plants, potable water treatment plants, solid waste facilities and electrical substations.

(f) Municipal uses. Facilities owned or operated by the Village and not subject to the standards of this chapter, including but not limited to reservoirs; water supply reservations; parks and open space; playgrounds; recreational facilities; community centers; libraries; firehouses; police stations; government offices; government garages; and public parking areas.

(g) Places of worship. A use that provides meeting space and facilities for religious institutions. Examples include churches, temples, synagogues and mosques. Such a use typically restricts access to the general public and owns, leases or holds property in common for the benefit of its members.

(h) Senior living facilities. An establishment providing lodging, boarding and nursing care for the elderly, including:

[1] Nursing homes, assisted-living facilities, retirement homes, adult-care facilities or retirement communities that have a license to operate from the New York Department of Health; provided, however, that not all units within the property must be licensed units; or

[2] Any retirement home or community in which some of the residents require additional medical services or assistance with activities of daily living, including but not limited to assistance with grooming, preparation of meals, housekeeping or laundry, where one or more of such services or activities are provided or have the potential to be provided on site.

(i) Water-related recreation facilities. Public or private waterfront recreational facilities, including marinas, mooring or docking facilities to accommodate visitors, nonmotorized or motorized watercraft rental stores and other similar related uses.

(5) Industrial use group. The industrial use group includes uses that produce or create goods from extracted, cultivated, harvested, shorn or similarly obtained materials, or from recyclable or previously prepared materials, including the design, storage, handling and dissemination of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods in large quantities. The Industrial use group includes the following use categories:

[Amended 1-20-2016 by L.L. No. 1-2016]

(a) Artisan workspace, general. A workplace used for the production of art, sculpture, crafted products or similar items on a small-scale basis that requires hand tools. A gallery or showroom used for the display and sale of the artisan-crafted products may be included but shall be treated as a second principal use.

(b) Artisan workspace, intensive. A workplace used for the production and sale of crafted products that requires machines or more intensive equipment or materials to craft the end product. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals and do not emit noxious noises, odors, vibrations, or fumes. Examples include woodworking, metalworking, glassmaking, textile, fiber-based or other knitted, loomed or woven crafts, farm or craft brewery or craft distillery, small-batch confectionery-making or frozen dessert-making (gelato, ice cream) or similar types of artisanal products. A gallery, showroom or parlor used for the display, sampling and sale of the crafted products may be included but shall be treated as a second principal use.

(c) Cultivation grow facilities. Indoor facilities such as greenhouses or hot houses, where the primary function and activities are the production, preparation, and sale of crops, as a commercial enterprise. The production of compost, soil or other biomass products which are not crops is not an agricultural use but is allowed solely where it is accessory to and a product of the operation of the indoor cultivation use. Processing, warehousing, distribution and marketing, if conducted at the same site or campus, shall be treated as additional principal uses.

[Added 11-15-2023 by L.L. No. 11-2023[1]]

[1] Editor's Note: This local law also redesignated former Subsection B(5)(c) through B(5)(e) as Subsection B(5)(d) through B(5)(f), respectively.

(d) Light manufacturing. Facilities for the transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals and do not emit noxious noises, odors, vibrations, or fumes. Examples may include, but are not limited to: production and repair of small machines or electronic parts and equipment; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; and manufacturing of jewelry, clothing, trimming decorations and any similar item.

(e) Self-storage uses. Facilities that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

(f) Warehouse and freight movement uses. Facilities where the primary function involves the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little or no on-site sales activity with the customer present or business or office uses. Examples include: separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; railroad switching yards; bus and railcar storage lots; taxi fleet parking and dispatch; fleet parking; parcel services; major postal facilities; grain terminals; and the stockpiling of sand, gravel and other aggregate materials. Warehousing or indoor storage of material associated with another principal use such as retail, businesses or office use shall be considered an accessory to the primary use.

(6) Accessory buildings and uses. An accessory use or building is subordinate and accessory to a principal use or building on the same lot and is used for purposes customarily incidental to those of the principal use or building. Examples in a residential setting include private garages, tool sheds or noncommercial greenhouses. Specific definitions of certain types of accessory buildings and uses are provided below; however, this list is not exhaustive. Additional accessory uses for individual zoning districts can be found in this chapter under Article IV, Use Regulations.

(a) Clubhouses and community centers. A use that provides meeting space and facilities for private, nonprofit associations or religious institutions. Examples include meeting halls, clubs, associations or community centers for homeowners' associations or neighborhoods. Such a use typically restricts access to the general public and owns, leases or holds property in common for the benefit of its members.

(b) Drive-through facilities. Any service window, automated device or other facility that provides goods or services to individuals waiting in a motor vehicle.

(c) Garage, private. An accessory building for the private use of the owner or occupant of a principal building located on the same lot for the storage of motor vehicles or other storage with no facilities for mechanical services or repair of a commercial or public nature.

(d) Greenhouse. A fully enclosed structure that houses plants and other vegetation for the sole purpose of growing vegetation noncommercially.

(e) Home occupations. An accessory use of a dwelling unit for commercial purposes that does not alter the exterior of the property or affect the residential character of the neighborhood, does not include an exterior sign or a sign in a window visible from the public right-of-way, does not employ any employees who do not live on the premises, and which occupies not more than 25% of the floor area of the residence. Beauty parlors, barbershops, medical and dental practices and hairdressing and manicuring establishments shall not be deemed to be home occupations.

(f) Home-based businesses. An accessory use of a dwelling unit for commercial purposes that is more intensive than a home occupation and that may include minor modifications to the building exterior and site in order to accommodate the commercial purpose, including a sign, which may employ not more than one employee who does not live in the residence, and which occupies not more than 25% of the floor area of the residence. Examples of home-based businesses include physicians, doctors, dentists, lawyers, architects, engineers, designers, music teachers, hairdressers, teachers, licensed real estate and/or insurance brokers and other similar professional uses.

(g) Indoor storage. The storage, but not display for sale, of goods and/or materials inside of a fully enclosed structure that is incidental but clearly related to the principal use of the site such as office- or retail-related uses.

(h) Off-street parking and loading, accessory. Parking facilities that provide parking that is accessory to a specific use or uses and related to the parking requirements listed in Appendix C.[2]

[2] Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.

(i) Outdoor dining. Food or beverage service areas outside of a fully enclosed structure as an accessory use to a permitted restaurant or bar or cocktail lounge use. Where a permit has been issued by the Board of Trustees, outdoor dining may be permitted on a public right-of-way such as a sidewalk (See Chapter 216, Sidewalk Cafes.)

(j) Outdoor storage. The storage, but not display for sale, of goods and/or materials outside of a fully enclosed structure that is incidental but clearly related to the principal use of the site such as office- or retail-related uses. Outdoor storage shall be screened in accordance with the provisions of this chapter.

(k) Outdoor display. Displays that are for sale that are a minor part of the retail business. Displays are typically seasonal.

(l) Tool shed. The storage of materials or equipment that is incidental and subordinate to the primary residential use and must be located in a fully enclosed structure.

(m) Outdoor accessory recreation. A recreation use/uses that may take place in any number of structures that are arranged together in an outdoor setting and has a surfaced or field area greater than 400 square feet. Examples include, but are not limited to, tennis, volleyball and basketball courts, soccer and baseball fields.

[Added 8-2-2011 by L.L. No. 3-2011]