For the purpose of this chapter, certain words and terms used herein are specifically defined. Where words and terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
The following rules of construction apply to the language of this chapter:
The specific shall control the general.
All words used in the present tense include the past and the future tense.
All words in the singular number include the plural number, and vice versa, unless the natural construction of the wording indicates otherwise.
Words used in the masculine gender include the feminine and neuter, and vice versa, unless the natural construction of the wording indicates otherwise.
The word "shall" is mandatory and the word "may" is permissive.
The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," "either or," "and/or," the conjunction shall be interpreted as follows:
"And" indicates that all the connected items, conditions, provisions or events shall apply.
"Or" indicates that the connected items, conditions, provisions or events shall apply singly or in any combination.
"Either or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
"And/or" indicates that all the connected items, conditions, provisions or events shall apply singly and in any combination.
A building or structure includes any part thereof.
For the words "lot," "plot" and "tract of land," one shall include the other.
The word "premises" shall include "land and buildings thereon."
The words "occupied" or "used" shall be considered to be followed by the words "or intended, arranged or designed to be occupied or used," unless the natural construction of the wording indicates otherwise.
References made to officials and official bodies shall mean officials and official bodies of the City of New Rochelle, unless the natural construction of the wording indicates otherwise.
In case of any difference of meaning or implication between the text of this chapter and any table, caption or illustration or exhibit, the text shall control.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- Building(s) detached from the Principal Buildings located
on the same lot and customarily incidental and subordinate to the
Principal Buildings or uses, whose Building Area, in the aggregate,
does not exceed 25% of the Building Area of the Principal Building(s)
on the lot.[Amended 12-11-2007 by Ord. No. 294-2007; 5-13-2008 by Ord. No. 108-2008]
- ACCESSORY DWELLING OF CARETAKER. SUPERINTENDENT OR WATCHMAN
- Any dwelling unit that is part of the principal building, whose principal use or uses require such accessory dwelling to provide security, safety, maintenance and/or operation of such principal use or uses and where such accessory dwelling does not exceed 1,600 square feet in area, is incidental and customary to such principal use or uses, and has available on-site parking in accordance with the parking requirements for the zoning district in which it is located. Such accessory dwelling shall not be exempt from the requirements of § 331-152, Requirements for affordable housing, and § 331-118G (regarding open space) when such accessory dwelling is located on a lot that contains other residences or is part of a residential subdivision, except where such accessory dwelling is less than 400 square feet.[Added 6-15-2010 by Ord. No. 103-2010]
- ACCESSORY USE
- A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
located on the same lot with the principal use, the Gross Floor Area
of which accessory use(s) shall not occupy, in the aggregate; whether
enclosed or not, more than 48% of the Gross Floor Area on the lot.
Examples of accessory uses include the following:[Amended 12-11-2007 by Ord. No. 294-2007; 5-13-2008 by Ord. No. 108-2008]
- A. Offices for building management.
- B. Recreation and playrooms.
- C. Laundries for the use of tenants and occupants.
- D. Maintenance and workshops.
- E. Garages within a residential building or on the premises thereof used primarily for the storage of motor vehicles, boats, camper trailers, motor homes, pickup coaches and travel trailers.
- ACTIVE RECREATIONAL USE
- Any sporting activity, with or without a Structure, performed
with others, typically requiring equipment, and taking place at prescribed
places and sites, which may be occupied on a scheduled basis for the
purpose of organized group activities. Examples of active recreational
use include but are not limited to Playgrounds, Sports Courts, Sports
Complexes, Golf Driving Ranges, Beaches, and Swimming Pools, as herein
defined. These types of sporting activities have greater potential
impact on surrounding land uses, may be intrusive to a residential
neighborhood, and may require that land be altered by grading, drainage
systems, Structures, and/or by the creation of artificial playing
surfaces for such activities, including but not limited to baseball,
football, soccer, basketball, softball, lacrosse, rugby, tennis, golf,
swimming, and hockey.[Added 6-19-2007 by Ord. No. 165-2007]
- ACTIVE RECREATIONAL USE, EXPANSION OF
- An individual or cumulative increase of more than 10% of
the land area and/or floor area of an Active Recreational Use.[Added 6-19-2007 by Ord. No. 165-2007]
- ADULT BOOKSTORE OR VIDEO STORE
- Any person, establishment or business, whether retail or wholesale, having more than 50% of the stock-in-trade recordings, books, magazines, periodicals, films, videotapes/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 specified sexual activities or specified anatomical areas, as defined in this chapter.
- ADULT ENTERTAINMENT CABARET
- A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators
or erotic dancers or other similar entertainment, either on a regular
or sporadic basis, and which establishment is customarily open to
the public generally but excludes any minor by reason of age.[Amended 12-6-2005 by L.L. No. 3-2005]
- ADULT HOTEL/MOTEL
- A hotel or motel which is open to the public generally but which offers a sleeping room for rent for a period of time that is less than 10 hours or makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would be open to the public generally but would exclude any minor by reason of age.
- ADULT MOTION-PICTURE THEATER
- An enclosed or unenclosed building or structure or portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas for observation by patrons.
- ADULT-ORIENTED BUSINESS
- Any establishment, including but not limited to bars, nightclubs, dance halls, adult bookstores or video stores, adult motion-picture theaters, adult entertainment cabarets, peep shows, massage establishments, adult motels or similar adult entertainment establishments, where greater than 50% of the stock-in-trade includes sexually explicit books, magazines or other periodicals, novelty items, films, slides, videotapes or other sexually explicit material; or there is performed live entertainment and/or other services which are intended to provide sexual stimulation or gratification and which are characterized by fondling or other erotic touching of genitals, pubic region, buttocks or female breast and/or showing, for observation by patrons, any portion of the genitals, pubic area, buttocks or that portion of the female breast referred to as the "areola" or "nipple," including any other live entertainment which might by law restrict access to exclude minors given the sexually explicit nature of the business or material which is conducted.
- AEROBIC EXERCISE STUDIO
- An establishment where more than 10% of the total floor area is designed or used for aerobic 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.
- AFFORDABLE HOUSING
- Housing for income-eligible residents as determined by Article XIX herein and/or grant, subsidy or financing sources for a housing project.[Amended 7-16-2002 by Ord. No. 139-2002; 3-21-2006 by L.L. No. 2-2006]
- Any change, rearrangement or addition to a building, other than repairs; any modification in construction or in major building systems.
- AMUSEMENT DEVICE, MECHANICAL
- Any machine which, upon the payment of a charge or upon insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, but is not limited to, such devices as electronic video games, marble machines, pinball machines, skill ball, mechanical grab machines, electronic bowling machines, electronic driving machines, electronic baseball, basketball, football, hockey or baseball machines, and any and all air-propelled machines or games, shooting games, billiard tables or pool tables except if located in a pool or billiard hall, and all games, operations or transactions similar thereto under whatever name they may be indicated, whether or not electronically operated.
- AMUSEMENT OR THEME PARK
- A facility, primarily outdoors in a park setting, that may include structures and buildings designed in a uniform and harmonious architectural style, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales.
- ANCHORAGE AREA
- The areas designated by the City of New Rochelle, as depicted on the Harbor Management Map, that are specifically reserved for the anchorage of vessels.
- ANIMAL DAY CARE
- A business providing pet services, including grooming, bathing,
boarding, recreation, training and sales of related products.[Added 10-20-2015 by Ord. No. 203-2015]
- ANIMAL HOSPITAL
- A building for the medical and/or surgical care of animals.
- A device that converts radio frequency electrical energy to radiated electromagnetic energy and vice versa; in a transmitting station, the device from which radio waves are emitted.
- ANTENNA, AMATEUR RADIO
- Any antenna used to receive and/or transmit radio signals on the amateur radio bandwidth, as designated by the Federal Communications Commission.
- ANTENNA, RECEIVING
- An antenna, other than satellite dish antenna, used exclusively to receive radio, television programming or any other electromagnetic signal.
- ANTENNA, SATELLITE DISH
- A parabolic dish antenna of whatever kind or nature used to receive and/or transmit radio or electromagnetic waves from an orbiting satellite.
- A building where collections of fish, live water plants and marine animals are exhibited.
- A place where trees, shrubs and herbaceous plants are cultivated for scientific and educational purposes.
- An individual who practices one of the fine, design, graphic,
musical, culinary, literary, technological or performing arts; or
an individual whose profession relies on the application of the above-mentioned
skills to produce a unique creative product; e.g., an architect, craftsperson,
chef, photographer, teacher of art/music/dance, or other qualified
individual, as certified by the Municipal Art Commission.[Added 6-18-2019 by Ord. No. 2019-126]
- ASSISTED LIVING FACILITY
- A multifamily dwelling for the frail elderly that provides rooms without individual kitchens, meals in common facilities on the site, personal care, limited nursing care and supervision of self-administered medication. It may provide other services, such as recreational activities, financial services and transportation.
- Space between the top of the uppermost floor construction and underside of the roof.
- A room, hall, or building used for public gatherings.
- An establishment for the custody, loan exchange, or issuance of money, for the extension of credit and for facilitating the transmission of funds.
- A business enterprise primarily engaged in the retail sale
of alcoholic beverages such as beer, wine, or liquor to patrons seated
at a table or counter, served by a bartender or cocktail waitperson
for consumption on the premises, where the consumption of chips, peanuts,
finger foods, tapas, and other snacks is ancillary to the principal
use of serving and consuming alcoholic beverages. The term "bar" shall
not include a cabaret.[Amended 7-15-2003 by Ord. No. 167-2003]
- That space of a building that is partly or completely below
grade.[Amended 4-20-2004 by Ord. No. 90-2004]
- A nearly level stretch of pebbles and/or sand beside a body of water that may be artificially created or created by the action of the water.
- BEACH CLUB
- Land area and building located along a beach containing recreation facilities, beach amenities, a clubhouse and customary accessory uses, open only to annual members and their guests.
- The renting of not more than three rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling.
- BICYCLE PATH
- A pathway, often paved and separated from streets and sidewalks, designed to be used by bikes.
- BILLIARD HALL
- Any premises, business or establishment that maintains 15 or more billiard tables or pool tables available for public use.
- BOARD OF APPEALS ON ZONING
- The duly constituted Board of Appeals on Zoning of the City of New Rochelle, consisting of seven members, created pursuant to the provisions of the General City Law of the State of New York.
- An elevated public pedestrian walkway constructed over a public street or along a waterfront or beach.
- BOAT LAUNCH
- A facility used by boats on trailers to gain access to a water body. Boat launches can be public or private and may or may not require a fee for their use.
- BOAT SERVICE FACILITY
- A building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of marine fuels; servicing and repair of boats; and including as an accessory use the sale and installation of lubricants, parts, batteries, and similar marine accessories.
- BOAT STORAGE
- An area of land or water where boats are stored. In-water boat storage can be in the form of moorings (anchored to buoys) or slips (tied along docks). On-land storage can be out in the open, covered or in enclosed facilities.
- A yard where boats are built, repaired, and stored and often sold or rented.
- BOWLING ALLEY
- The use of a structure consisting of several lanes for the recreational activity of bowling and customary accessory uses, which may include a snack bar, arcade, or pro-shop.
- Any structure over four feet high having a roof, self-supporting or supported by columns, walls, air pressure, or similar supports, which is affixed to the ground and intended for the housing or enclosure of persons, animals or chattel.
- BUILDING AREA
- The maximum horizontal cross section of a building, including roofed-over porches, covered decks and balconies, but excluding cornices, roof overhangs or gutters projecting not more than two feet from the exterior building wall.
- BUILDING COVERAGE
- The percentage of lot area covered by the combined building area of all buildings on a lot, excluding those located underground.
- BUILDING LENGTH
- The horizontal distance measured between the furthermost exterior walls of the building in a generally perpendicular direction parallel to the face of the building.
- BUILDING LINE
- A horizontal line measured between the side lot lines at a point where the building is closest to its street frontage.
- BUILDING OFFICIAL
- Building Official of the City of New Rochelle or other officer duly authorized to perform his duties.
- BUILDING, PRINCIPAL
- A building in which is conducted the principal use of the lot on which said building is located.
- BUILDING SETBACK LINE
- Line established by law, ordinance or regulation, beyond which no part of a building, other than parts expressly permitted, shall extend.
- Any structure, except a building, positioned parallel to the shore, the primary function of which is to retain soil or any other material from eroding into a waterway or to protect the land from wave damage. See also "seawall."
- Any entity, individual or establishment conducting commercial or mercantile activity engaged in as a means of livelihood.
- A dressing facility used in connection with a pool, beach or other athletic club and serving only one member, including the member's family and invited guests, or not more than three unrelated individuals; including similar facilities designated as bathhouses or by other such designation.
- Any room, place or space in which any musical entertainment
and/or dancing by performers and/or by patrons is permitted in connection
with a restaurant business or in connection with the business of directly
or indirectly selling food or drink to the public, except eating or
drinking places not designed, built or used for dancing which provide
musical entertainment either by mechanical devices or by not more
than four persons. Cabarets shall be classified and licensed as "Primary
Cabarets" and "Accessory Cabarets" as defined herein.[Amended 7-15-2003 by Ord. No. 167-2003; 3-20-2012 by Ord. No. 50-2012; 9-17-2014 by Ord. No. 124-2014]
- CABARET, ACCESSORY
- A cabaret in which the musical entertainment and/or dancing
do not, in the aggregate, occupy more than 40% of the Net Floor Area
of the principal business of a restaurant and/or restaurant/bar.[Added 9-17-2014 by Ord. No. 124-2014]
- CABARET, PRIMARY
- A cabaret in which the musical entertainment and/or dancing,
in the aggregate, occupy more than 40% of the Net Floor Area of the
premises.[Added 9-17-2014 by Ord. No. 124-2014]
- CAMPER TRAILER
- Any structure which is mounted or designed for mounting on wheels and which includes accommodations designed for sleeping or living purposes for one or more persons and is designed to be towed behind a motor vehicle.
- CAR WASH
- An establishment engaged in hand or mechanical washing, waxing, and/or polishing of motor vehicles, or in furnishing facilities for the self-service washing of motor vehicles.
- CATERING ACTIVITIES
- A service which prepares, delivers and serves food and drink and sometimes provides entertainment to paying customers and their invited guests for weddings, bar mitzvahs, birthdays and other similar occasions at varied locations.
- CATERING ESTABLISHMENT
- An establishment which serves food and drink and sometimes provides entertainment to paying customers and their invited guests for weddings, bar mitzvahs, birthdays and other similar occasions.
- Property used for the interment of the dead.
- CENTRAL KIOSK
- At the discretion of the Building Official, locations will
be established in centrally located areas within the Central Parking
Area District where a customer may drop off and retrieve his/her vehicle
to a Valet Attendant. The Valet Attendant shall park the vehicle at
a municipal parking facility and shall return the vehicle to the customer
at the Central Kiosk.[Added 5-20-2015 by Ord. No. 111-2015]
- CERTIFICATE OF OCCUPANCY
- A certificate issued indicating the satisfactory completion of construction for a new building, substantial additions or alteration, or for a change in occupancy of building or land, which certificate authorizes the use of such premises for the purposes as set forth therein. When the term "certificate of occupancy" is used in this chapter, it shall be deemed to include the term "certificate of compliance" where such may be appropriate.
- CHARGING SPACE
- Space for an electrical vehicle to stand while charging its
battery.[Added 2-11-2020 by Ord. No. 2020-29]
- CLINICAL LABORATORY
- Part of a business office, not to exceed 40% of the gross
floor area of such office, equipped and used for testing or analysis
in the field of medicine, which does not provide on-site in-patient
or out-patient services, which is licensed by the State of New York
Department of Health for testing and analysis services, and which
complies with the United States Occupational Safety and Health Administration
Hazard Communication Standard, and all other applicable state, local
and federal requirements.[Added 5-19-2005 by Ord. No. 118-2005]
- A development design technique that concentrates buildings on a part of a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
- CLUSTER HOUSING
- A development or subdivision of attached or detached dwellings, row houses or other like structures, closely grouped together or in close proximity to each other, without regard to or conforming to the minimum standards or requirements of the Schedule of District Regulations.
- COASTAL AREA
- A portion of New York State coastal waters and adjacent shore lands which is located within the boundaries of the City of New Rochelle, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the City of New Rochelle Local Government Waterfront Revitalization Program, and also referred to as "coastal zone."
- COLLEGE or UNIVERSITY
- An institution of higher education operated in accordance with the Education Law of the State of New York.
- COLLEGE-RELATED USE
- Uses customarily accessory to a college or university, including
classrooms, laboratories, administrative offices and residential halls
and/or dormitories.[Added 2-19-2013 by Ord. No. 39-2013; 6-18-2013 by Ord. No. 121-2013]
- COMMERCIAL EV CHARGING STATION
- Charging station for the use of the public located on a property
used for purposes other than residential uses.[Added 2-11-2020 by Ord. No. 2020-29]
- A public open space, unobstructed from the ground to the sky, used as a meeting place for informal gatherings, or relaxation.
- COMMUNITY PURPOSE BUILDING
- A building used and occupied by a not-for-profit religious or membership corporation providing religious, charitable, recreational, entertainment, guidance, counseling or other similar amenities and facilities on a nonprofit basis similar to organizations commonly described as YMs, YWs, Boys and Girls Clubs, Scout groups and other fraternal membership groups.
- COMPREHENSIVE PLAN
- A plan adopted by the City Council pursuant to § 28-a of General City Law.
- CONGREGATE CARE FACILITY
- A multifamily dwelling consisting of independent living supplemented by congregate meals, housekeeping and personal services for persons, who may have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, grooming, and dressing. Social services such as transportation and activity programming are generally provided.
- A greenhouse structure for growing or displaying plants.
- CONVENIENCE STORE
- Any retail establishment of not more than 2,000 square feet
of enclosed floor area offering a variety of goods and merchandise
for sale to the public whose products may include food, beverages,
candy, and/or cigarettes, and where all or some products are sold
for consumption upon leaving the establishment.[Amended 9-21-2004 by Ord. No. 198-2004]
- A change in either occupancy or use of a building or land, by alteration, addition, or other reorganization.
- An open, uncovered and unoccupied space, bounded on two or more sides by the walls of a building. An inner court is a court entirely within the exterior walls of a building. All other courts are outer courts.
- CRAFT BEVERAGE PRODUCTION FACILITY
- A business which is primarily engaged in the manufacturing
of beer, wine, cider, mead and distilled beverages.[Added 7-18-2017 by Ord. No. 152-2017]
- DANCE STUDIO
- An establishment where more than 10% of the total floor area is designed or used as a dance floor and where a fee for services and/or an admission fee is directly collected, or some form of compensation is obtained in exchange for either dance lessons and instruction or the use of the facility primarily for dancing.
- DAY-CARE CENTER
- A program or business, licensed by the New York State Department of Social Services, which provides care for seven or more children away from their home for more than three hours per day, excluding those children receiving family day care, or group family day care as defined in this section.
- DISCOUNT VARIETY STORE
- A use greater than 2,000 square feet in area involving the
sale of a wide variety of daily consumer retail goods, typically at
a discount price, especially multiple items for one dollar, commonly
known as "dollar stores."[Added 5-21-2019 by Ord. No. 2019-105]
- Any permanent structure, except a building, connected to a bulkhead or the upland and extending over the water's surface designed to secure vessels and provide access from the shore to a water body. Docks are generally anchored to the underwater land on pilings and allow for water flow beneath the decking. The term "dock" includes the term "pier" or "quay."
- DOMICILIARY CARE FACILITY
- A private proprietary nursing home, convalescent home, or home for adults, an intermediate care facility, a family home for adults, a home for the aged, a group residence or other residential care facility for adults as defined in the New York State Social Services Law or regulations promulgated thereunder, and any similar facilities operated under the supervision of federal departments and agencies. The keeping of a roomer or roomers as otherwise permitted in this chapter, pursuant to the regulations of the New York State Department of Social Services for family-type homes for adults (18 NYCRR Part 485), does not constitute a domiciliary care facility.
- DOOR, BULKHEAD
- A solid door with no glazing built at the head of an entry
stair to the basement of a building that is partially or mostly below
grade, and usually set on a wall or embankment for holding back the
earth.[Added 9-21-2004 by Ord. No. 198-2004]
- See definition for "residence hall."[Added 2-19-2013 by Ord. No. 39-2013]
- DOWNTOWN RETAIL CORE
- Those lots in the City of New Rochelle that abut North Avenue
between Main Street and Huguenot Street and Main Street between North
Avenue and Pintard Avenue.[Added 9-16-2008 by Ord. No. 181-2008]
- DRIVE-IN FACILITY
- An off-street area, structure, or part of an existing structure
used by the operator or passenger of a vehicle to drop off or pick
up information, instructions, food, drink, goods, medicines, or other
substances to or from an establishment located on that site.[Added 2-10-2004 by Ord. No. 23-2004]
- DRY BOAT STORAGE
- A building or area of land dedicated to the storage of boats out of water. This storage area could be open-air, covered or in an enclosed facility.
- A building containing one or more dwelling units.
- DWELLING, MULTIFAMILY
- A building containing three or more dwelling units, or a
part of a mixed-use building containing three or more dwelling units
on a single building lot, where the dwelling units in such building
shall not each have separate entrances to the outside but shall be
accessed by common entrance(s) and common interior corridor(s), elevator(s),
or vestibule(s).[Amended 11-21-2006 by Ord. No. 257-2006]
- DWELLING, ONE-FAMILY
- A detached dwelling containing only one principal dwelling
unit.[Amended 11-21-2006 by Ord. No. 257-2006]
- DWELLING, TWO-FAMILY
- A dwelling containing only two principal dwelling units, whether located side by side, one on top of another or in any other manner.
- DWELLING UNIT
- A building or portion thereof providing complete housekeeping facilities for one family, including independent and complete cooking, sanitary and sleeping facilities.
- DWELLING UNIT, ATTACHED
- Three or more dwelling units on one building lot where at
least two dwelling units share one or more common side or rear walls
on such building lot, with each of such three or more dwelling units
occupying the entire volume within its respective portion of the building(s)
from the lowest level to the roof, and having its own separate entrance
or entrances to the outside.[Amended 11-21-2006 by Ord. No. 257-2006]
- DWELLING UNIT, DETACHED
- A dwelling unit located in its own separate building which does not abut any other dwelling.
- ELECTRIC VEHICLE (EV) CHARGING STATION
- Equipment used for the primary purpose of the transfer of
electric energy (by conductive or inductive means) to a battery or
other energy source in an EV.[Added 2-11-2020 by Ord. No. 2020-29]
- A form of sports where the primary aspects of the sport are
facilitated by electronic systems, most commonly a multiplayer video
game played competitively for spectators, typically by professional
games. eSport centers commonly include space for spectators, have
merchandise and snacks for sale and may include an education component.[Added 9-20-2016 by Ord. No. 189-2016]
- EXCESSIVE LIGHTING
- Illuminance levels beyond that which is required for safety,
as recommended in IESNA Recommended Practices, or higher than five
footcandles on any lit surface.[Added 3-15-2016 by Ord. No. 73-2016]
- EXISTING GRADE
- The grade that existed prior to any application for filling
or for building demolition on any building lot.[Added 10-20-2009 by Ord. No. 199-2009]
- EXTENDED HOURS
- The hours of 11:00 p.m. to 6:00 a.m. [Added 9-21-2004 by Ord. No. 198-2004; amended 9-17-2014 by Ord. No. 124-2014; 12-12-2017 by Ord. No. 251-2017]
- EXTERIOR LIGHTING
- Permanent lighting equipment that is installed, located or
used in such a manner with the intention to cause light rays to shine
outdoors.[Added 3-15-2016 by Ord. No. 73-2016]
- B. It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage, legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family.
- C. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
- (1) The occupants must share the entire dwelling unit, including cooking facilities, and live as a single housekeeping unit. A dwelling unit in which various occupants maintain separate and locked sleeping facilities in which such occupants' separate personal property are contained therein may not be deemed to be occupied by the functional equivalent of a traditional family;
- (2) The group is not transient or temporary in nature. Evidence of not being transient or temporary in nature may include but not be limited to proof that members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration, and filing of income taxes and/or other documentation of domicile; and
- (3) Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
- FAMILY DAY-CARE HOME
- A program, licensed by the New York State Department of Social Services, which provides care for at least three but not more than six children in the applicant's home, for more than three hours per day, or pursuant to N.Y.S. Department of Social Services definition.
- FAMILY ENTERTAINMENT CENTER
- A facility designed for indoor family entertainment, including but not limited to, restaurants and shops, food facilities, theaters, rides for adults and children, gift and souvenir shops, videos and game rooms, and other appropriate uses accessory and relating to entertainment and leisure activities.
- A boat used to transport persons or things across a body of water.
- The bulb and the assembly that holds the bulb (or lamp) in
a lighting system, including reflecting elements, shielding elements,
cover glass or lenses, the ballast, and the housing.[Added 3-15-2016 by Ord. No. 73-2016]
- FLOATING OVERLAY ZONE
- A floating overlay zone is an unmapped district that at the
discretion of the City Council may be superimposed on one or more
established underlying zoning districts which may be used to impose
supplemental restrictions on uses in these districts, permit uses
otherwise disallowed, or implement some form of density bonus or incentive
bonus program. The floating overlay zone can be affixed to a qualifying
parcel of land, either upon the application of the parcel's owner
or upon the initiative of the local City Council. Upon approval, the
floating overlay zone is applied to the parcel and becomes a mapped
overlay district. Its development is governed by the use of the underlying
zoning district and the dimensional and other provisions of the Floating
Overlay Zone Ordinance.[Added 12-9-2008 by Ord. No. 237-2008]
- FLOATING ZONE
- A floating zone district defines a use, such as an office complex, educational institution, research laboratory, or multifamily housing, that the community wants to encourage. The floating zone can be affixed to a qualifying parcel of land, either upon the application of the parcel's owner or upon the initiative of the local governing body. Upon approval, the parcel is rezoned to reflect the new use and becomes a separate zoning district as an amendment to the Zoning Ordinance. Its development is governed by the use, dimensional and other provisions of the Floating Zone Ordinance.
- A lamp or fixture intended to light a large area, which can
produce light above the fixture.[Added 3-15-2016 by Ord. No. 73-2016]
- FLOOR AREA (GROSS)
- The sum of the horizontal area of each story of a building,
measured from the exterior faces of exterior walls or, in the case
of a common wall separating two buildings, from the center line of
such common walls, but excluding the gross floor area of: 1) Any story
where the underside of the floor structure above is less than four
feet above the existing or finished average grade, whichever is the
lowest, except that for other than one- and two-family dwellings,
the floor area of any such story containing a principal use shall
be included; 2) unenclosed porches, balconies, unenclosed roofed porches
and balconies if the guardrail does not exceed 42 inches in height,
unenclosed raised exterior platforms, roof overhangs, gutters and
chimneys; 3) any finished or unfinished interior space with less than
five feet of vertical clearance; 4) mechanical spaces; 5) unenclosed
parking garages or carports; 6) enclosed parking garage in one-family
residential districts, except that any such space in excess of 600
square feet shall not be excluded; 7) enclosed parking garage for
required off-street parking and/or loading spaces in other than one-family
residential districts; 8) exterior walls that have been expanded with
external insulation within the property line; 9) unfinished attic
space if no stair, other than a pull-down stair, is provided for access
and if the exterior walls onto which the rafters are sitting extend
less than 18 inches above the attic floor structure; and 10) rooftop
greenhouses, and stair, elevator and mechanical bulkheads.[Amended 4-20-2004 by Ord. No. 90-2004; 9-21-2004 by Ord. No. 198-2004;12-11-2007 by Ord. No. 294-2007; 5-13-2008 by Ord. No. 108-2008; 10-20-2009 by Ord. No. 199-2009; 2-19-2013 by Ord. No. 39-2013; 11-15-2016 by Ord. No. 241-2016]
- FLOOR AREA RATIO (F.A.R.)
- The gross floor area divided by the lot area. No basement,
attic or garage area previously used and/or improved as habitable
space shall be converted to storage use for the purposes of this calculation.[Amended 10-20-2009 by Ord. No. 199-2009]
- The basic unit of illuminance (the amount of light falling
on a surface). One footcandle is approximately equal to the illuminance
produced by a light source of one candela in intensity, measured on
a surface at a one-foot distance from the source. Horizontal footcandles
measure the illumination striking a horizontal plane.[Added 3-15-2016 by Ord. No. 73-2016]
- FULL CUTOFF (FCO)
- A classification for a fixture designed and installed where
no light is emitted at or above a horizontal plane running through
the lowest point on the fixture. In addition, the luminous intensity
(as measured in candelas) emitted at any angle from 80° up to
90° cannot exceed a numerical value equal to 10% of the lumen
rating of the lamp, as reported in a photometric report from the manufacturer.
A cutoff or semicutoff design allows a restricted amount of light
emitted above the horizontal and a noncutoff provides no restriction
against light emitted above the horizontal.[Added 3-15-2016 by Ord. No. 73-2016]
- FUNERAL PARLOR
- A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
- GOLF CLUB
- Land area and building containing a golf course, golf-related recreation facilities, a clubhouse and customary accessory uses, open only to members and their guests.
- GOLF DRIVING RANGE
- A facility equipped with distance markers, mats, and tees for practicing golf drives.
- The mean elevation at the curb level opposite those walls
of the building that are located on or within five feet of the street
line, or where all walls of the building are more than five feet from
the street line; the mean elevation of existing grade as defined herein
where such grade abuts the building.[Amended 9-21-2004 by Ord. No. 198-2004; 10-20-2009 by Ord. No. 199-2009]
- A building where the roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale or for personal enjoyment.
- GROUP FAMILY DAY-CARE HOME
- A program providing care for between seven and 12 children, for more than three hours per day, in accordance with the licensing requirements of the New York State Department of Social Services.
- GROUP HOME
- A nonprofit or for-profit boarding home licensed by the N.Y.S. Department of Social Services for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation.
- HEALTH CLUB
- Membership facilities or business designed and used for body conditioning and rehabilitation, including activities such as aerobic and related class exercises. Health clubs may contain equipment such as whirlpools, saunas, steam rooms, showers, locker facilities and, as an accessory use, a health food bar.
- HEIGHT OF BUILDING
- The vertical distance measured from the mean existing grade
to the highest level of the roof surface of roofs, the slope of which
is not more than one inch vertical to one foot horizontal, or to the
mean height between the eaves and the highest point of the roof if
the roof is of any other type. The height of building in a Major Subdivision
is proposed to be measured at the design flood elevation required
by the New York State Residential Building Code within the Coastal
Area. In all other areas of the City, measurement of the Height of
Building will be taken from Existing Grade, as defined herein.[Amended 9-21-2004 by Ord. No. 198-2004; 10-20-2009 by Ord. No. 199-2009]
- An area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing and takeoff of helicopters and including auxiliary facilities, such as parking, waiting rooms, fueling and maintenance equipment.
- HIKING TRAIL
- A trail or path typically not paved with limited surfacing materials, separated from streets and sidewalks, and designed to be used by hikers.
- HISTORIC DISTRICT
- An area of the City so designated as having special character and special historic value, and representing one or more periods of styles of art and architecture typical of one or more past eras, and geographically combining such factors in a district and identifiable portion of the City so as to constitute a discernible district.
- HOME OCCUPATION, CUSTOMARY
- An occupation of a service character accessory to and customarily incidental to the use of a dwelling unit by a resident thereof, the conduct of which is clearly secondary to the use of the dwelling unit for living purposes, does not change the character thereof or have any exterior evidence of such secondary use, and does not involve the keeping of stock or merchandise for sale in connection therewith. Tutoring and instruction, including art, music, voice, violin or other musical instrument, limited to a single pupil at a time shall be deemed a customary home occupation. Group instruction in dancing, vocal or instrumental music, tearooms, barbershops, beauty parlors, real estate offices, insurance offices and tourist homes are not customary home occupations.
- A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meetings rooms, entertainment, and recreational facilities.
- An individual who resides in a dwelling unit and who owns, rents or otherwise has legal possession or use/custody of such unit.
- HOUSEHOLD PET
- An animal commonly kept in a dwelling unit by the inhabitants thereof for amusement or companionship, such as a dog, cat, bird, fish, gerbil, hamster or nonpoisonous snake. Any other animal, such as a goat, pony, horse, sheep, chicken, rooster or more than four dogs or cats over six months of age, more than 10 gerbils or hamsters over two months of age, or more than three nonpoisonous snakes, is not a household pet.
- Illuminating Engineering Society of North America (IES or
IESNA), an organization that establishes updated standards and illumination
guidelines for the lighting industry.[Added 3-15-2016 by Ord. No. 73-2016]
- IMPERVIOUS SURFACE
- Any surface or material through which water will not flow under ordinary hydrostatic pressure and including structures, parking areas, driveways, sidewalks, terraces and paved areas.
- INDEPENDENT LIVING FACILITY
- A multifamily dwelling with individual dwelling units containing kitchens and bathrooms, which are handicapped-adaptable where, because of age and either disability or infirmity of the residents, the following services are provided to residents: laundry, security and housekeeping. Residents may have the option of cooking for themselves, being provided with meals in their rooms, or eating in a common facility on the site.
- INDUSTRIAL, LIGHT
- A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, and distribution of such products, but excluding basic industrial processing such that would generate smoke, dust, fumes, odors, or any other atmospheric pollutant.
- A commercial facility used for the housing and feeding of transients.
- The generic term for an artificial light source, to be distinguished
from the whole assembly (see “fixture”); commonly referred
to as the “light bulb.”[Added 3-15-2016 by Ord. No. 73-2016]
- Any site, building, structure, or natural feature that has visual, historic, or cultural significance and is listed on a local, state or federal register.
- A place in which literary, musical, artistic, or reference materials are kept for use but not for sale.
- LOADING SPACE
- An exterior off-street space available for the loading or unloading of goods and having direct usable access to a street.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The Local Waterfront Revitalization Program of the City of
New Rochelle, a copy of which is on file in the Office of the Clerk
of the City of New Rochelle.[Amended 7-16-2002 by Ord. No. 139-2002]
- LOT AREA
- The total horizontal area included within the lot boundaries.
- LOT, BUILDING
- A recorded piece, plot or parcel of land or assemblage of recorded contiguous parcels of land, all in common ownership, occupied or to be occupied by principal and accessory buildings and uses, including any open space required by this chapter, and having its principal frontage on a street or on such other means of access as may be deemed, in accordance with the provisions of law, to be adequate as a condition of the issuance of a building permit for a building or buildings on such land.
- LOT, CORNER
- A lot located at the intersection of two or more streets where the interior angle formed by the intersection of the streets is 135º or less.
- LOT COVERAGE, TOTAL
- That percentage of lot area covered by the ground floor area of all buildings sited thereon, together with all other structures, including pavement and other impervious surfaces.
- LOT DEPTH
- The mean distance between the front and rear lot lines.
- LOT FRONTAGE
- The continuous extent of a lot along a street.
- LOT LINE
- A property line bounding a lot.
- LOT LINE, FRONT
- In the case of a lot abutting upon only one street, the lot line separating the lot from the street. In the case of a corner lot, the owner may elect either street line as the building front. In the case of a through lot having frontage on two streets, the front yard setbacks and other requirements of this chapter applicable to front yards shall apply for both streets.
- LOT LINE, REAR
- The lot line which is generally opposite the front lot line and most distant therefrom. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
- LOT LINE, SIDE
- Any lot line other than the front lot line and the rear lot line.
- LOT WIDTH
- The mean horizontal distance between the side lot lines, measured perpendicular to the lot depth at the building line.
- MAIL-ORDER BUSINESS
- An establishment primarily engaged in the retail sale of products by catalog and mail order, including the keeping of stock or merchandise and distribution of merchandise for sale in connection therewith.
- MAJOR SUBDIVISION
- The division of any tract into three or more lots, in accordance with Chapter A361.[Added 11-21-2006 by Ord. No. 257-2006]
- A commercial establishment built on a site that is planned, developed, owned, and managed as a single operating unit although comprised of several individual tenants.
- Any contiguous arrangement of floats, piers or docks capable of holding two or more boats and sharing common access, utility services, ownership or association control.
- MARTIAL ARTS STUDIO
- An establishment where more than 10% of the total floor area is designed or used for the practice and training of martial arts and where an admission fee is directly collected or some form of compensation is obtained for instruction or use of the facility.
- MASSAGE ESTABLISHMENT
- Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health care practitioner duly licensed by the State of New York nor barbershops or beauty salons in which massages are administered. This definition shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities and facilities for the welfare of the residents of an area.
- MEDICAL CARE FACILITY
- A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.
- MEDICAL LABORATORY
- An establishment or part thereof equipped and used for experimental study, testing or analysis in the field of medicine.
- MEMBERSHIP CLUB
- An organization with preestablished formal annual membership requirements, bylaws, and with the objective of promoting the interests of its members.
- MINOR ACCESSORY STRUCTURE
- A structure of less than 100 square feet in floor area detached
from a principal building on the same lot and customarily incidental
to the principal use.[Added 7-16-2002 by Ord. No. 139-2002]
- MOORING AREA
- The areas designated by the City of New Rochelle, as depicted on the Harbor Management Map, that are reserved specifically for the mooring of vessels.
- An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
- MOTOR HOME
- A self-propelled vehicle designed to be used as a temporary abode, excluding houseboats.
- MOTOR VEHICLE BODY REPAIR SHOP
- An establishment engaged in the repair of automotive tops, bodies, and interiors, or in automotive painting and refinishing.
- MOTOR VEHICLE DEALERSHIP
- An establishment primarily engaged in enclosed and accessory
outdoor retail sale of new automobiles. The primary use shall include
the showroom, interior display and storage of vehicles, offices, interior
service and repair, vehicle preparation and repair work, the sale
of parts and accessories for said new automobiles and the required
parking for any primary use, which at a minimum shall include parking
for employees, customers, sales, offices and repair services. Accessory
uses shall include one or more of the following: the sale of used
automobiles, the exterior storage of vehicles, and the required parking
for any accessory use (excluding primary uses allowed for a motor
vehicle body repair shop).[Amended 9-16-2003 by Ord. No. 204-2003; 4-17-2014 by Ord. No. 69-2014]
- MOTOR VEHICLE FILLING STATION
- An establishment engaged in the retail sale of motor vehicle fuels and lubricating oils.
- MOTOR VEHICLE RENTAL AGENCY
- Establishments primarily engaged in the short-term rental of vehicles without drivers, and including the on-site storage of such vehicles.
- MOTOR VEHICLE SERVICE AND REPAIR FACILITIES
- An establishment engaged in the installation, repair, and/or sale of automotive exhaust systems, front-end wheel alignment, glass, tires, electrical components, transmissions and similar types of functions.
- MOTOR VEHICLE SERVICE STATION
- An establishment engaged in the retail sale of motor vehicle fuel and lubricating oils and the sale of parts, accessories and repair services for motor vehicles, excluding body repair.
- MOTOR VEHICLE STORAGE AREA
- An off-street area or structure for the storage of licensed or unlicensed automobiles on a nontransient basis.
- MOUNTING HEIGHT
- The distance from level ground to the lowest light-emitting
part of the fixture.[Added 3-15-2016 by Ord. No. 73-2016]
- MUNICIPAL ATTENDANT VALET OPERATION
- Activities conducted by a municipal valet operator providing
attendant parking services at a specified location that include, but
are not limited to, queuing, storage, taking temporary custody of
a customer's vehicle or delivering the vehicle back to the customer,
securely storing customer keys, and all the equipment, devices, signage,
tables, chairs, and similar items used to support and implement attendant
parking services.[Added 5-20-2015 by Ord. No. 111-2015]
- MUNICIPAL VALET OPERATION
- Activities conducted by a municipal valet operator providing
valet parking services that include, but are not limited to, queuing,
storage, taking temporary custody of a customer's vehicle or delivering
the vehicle back to the customer, securely storing customer keys,
and all the equipment, devices, signage, tables, chairs, and similar
items used to support and implement valet parking services.[Added 5-20-2015 by Ord. No. 111-2015]
- MUNICIPAL VALET OPERATOR
- An operator of a valet operation that is under contract with
the City of New Rochelle or the City's designee.[Added 5-20-2015 by Ord. No. 111-2015]
- An institution devoted to the procurement, care, study and display of objects, artifacts or once living things, of lasting interest or value.
- NATIONAL BRAND RETAIL ESTABLISHMENT
- A national retail establishment doing retail sales across
the United States that is primarily engaged in the fully enclosed
retail sale of furniture; housewares; appliances; equipment; vehicles
excluding automobiles, buses, motorized boats, sport utility vehicles,
and trucks; parts and other merchandise, which merchandise carries
a nationally recognized brand name specifically associated with that
retailer or its subsidiaries and affiliates, including the fully enclosed
retail sale of bicycles, snowmobiles, jetskis, lawnmowers and snowplows,
motorcycles, motor scooters, skis, and other recreational or yard
equipment.[Added 9-21-2004 by Ord. No. 165-2004]
- NONCONFORMING BUILDING OR USE
- A building or use that does not conform to the regulations prescribed for the district in which it is situated, provided that such building or use was lawfully in existence on the effective date of this chapter or, in the case of a use made nonconforming by an amendment of this chapter, on the effective date of such amendment.
- NORTH AVENUE COLLEGE DISTRICT
- This shall be the geographic area within 1,500 feet of the
main college entrance along North Avenue and which is located in the
NA zoned district. To qualify for extended hours in the North Avenue
College District, the parcel shall front on North Avenue. Any (restaurant)
use applying for extended hours in the North Avenue College District
shall submit a special permit application for review and approval
by the Planning Board.[Added 9-17-2014 by Ord. No. 124-2014]
- NOT-FOR-PROFIT CORPORATION
- A corporation formed or existing under the Not-For-Profit Corporation Law of New York State.
- Any person insufficiently clothed in any manner so that any region of the genitals, pubic region, buttocks or that portion of the female breast referred to as the "areola" or "nipple" is not entirely covered with opaque covering.
- NURSERY SCHOOL
- A social and educational program for children, operated for a part- or full-day program, two to five times a week, often following a school-year schedule, and registered with the New York State Education Department.
- NURSING HOME
- An establishment, licensed by the New York State Department of Health, where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, or boarded or housed for remuneration, in an institutional fashion, other than municipal or incorporated hospitals and establishments licensed by the State Commissioner of Mental Hygiene and maternity homes licensed by the State Commissioner of Health. Full-time nursing care and intermittent physician supervision are provided.
- A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communications equipment.
- OPEN RAILING
- A fence or balustrade made of rails and posts or similar
materials that are permanently affixed to a deck, which open railing
assembly, when viewed horizontally, is not less than seventy-percent
clear, unobstructed, and open, and which assembly does not have attached
or draped any canvas, plastic, cloth or other temporary material that
blocks views, light, or air in excess of the seventy-percent clear,
unobstructed and open railing requirement.[Added 12-8-2009 by Ord. No. 238-2009]
- OPEN SPACE, USABLE
- An outdoor area with a minimum dimension of 25 feet, which is constructed and maintained for active or passive recreational use. It may include plazas, courts, lawns, gardens, sitting areas and similar types of areas, and shall be provided with such paving, planting beds, fountains, sculptures and works of art, seating and comparable facilities as may be appropriate for the location. Up to 50% of the required usable open space may be beneath a building overhang, canopy, arcade or similar projection, provided the canopy or overhang is at least 12 feet above such space and is fully open along at least 50% of the perimeter of the open space. All usable open space shall be designed, constructed and maintained so as to be readily accessible to those it is intended to serve.
- OVERLAY ZONE
- A mapped overlay district superimposed on one or more established underlying zoning districts which may be used to impose supplemental restrictions on uses in these districts, permit uses otherwise disallowed, or implement some form of density bonus or incentive bonus program.
- PARKING GARAGE
- A building or structure consisting of one or more levels and used to park or store motor vehicles.
- PARKING LOT
- An off-street area for the parking of four or more licensed motor vehicles on a transient basis. This does not include any motor vehicle storage areas or parking spaces accessory to one- or two-family dwellings.
- PARKING SPACE
- An off-street space available for the parking of one licensed motor vehicle on a transient basis and having direct usable access to a street.
- PARKING SPACE, TANDEM
- A parking space whose direct usable access to the street, aisle or driveway is blocked by another parking space.
- PARKING, VALET
- A system of off-street parking whereby an attendant who is employed either directly or indirectly by the property owner will be responsible for the parking and unparking of motor vehicles (often in a tandem arrangement) on the behalf of persons arriving and departing the site.
- PASSIVE RECREATIONAL USE
- Any use or activity which takes place in a defined area,
where participants are spectators or have limited mobility involving
less energetic human behavior. Examples of passive recreational activities
include but are not limited to walking, sitting, picnicking, bird-watching,
nature study, and wading. These uses and activities have less potential
impact on surrounding land uses, are minimally intrusive to a residential
neighborhood, and allow the land to remain essentially in its natural
state.[Added 6-19-2007 by Ord. No. 165-2007]
- PEEP SHOW
- Any establishment that presents material in the form of live shows, films or videotapes, which material is distinguished or characterized by an emphasis on matters depicting, describing or relating to specific sexual activities or specific anatomical areas of the human body, and that are viewed from a machine or enclosure for which a fee or admission is charged.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PERSONAL EV CHARGING STATION
- EV charging station accessory to a residential use.[Added 2-11-2020 by Ord. No. 2020-29]
- PICKUP COACH
- A device designed to be mounted on a truck chassis for occupancy as a temporary abode.
- A waterfront structure, creating a flat surface over the water, extending from the shoreline into the water with water on three sides.
- PIERHEAD LINE
- A line beyond which no structure may extend out into navigable waters.
- An active recreational area with a variety of facilities, including play equipment for younger children, as well as courts and field games.
- PRINTING PLANT
- An establishment where the primary business is to perform printing and copying services.
- PRIVATE PARK
- A tract of land, designated and used by its owner, residents and guests for active and/or passive recreation.
- PRIVATE PROPRIETARY NURSING HOME
- A facility operated for the purpose of providing lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons therein for compensation.
- PRIVATE VALET OPERATION
- Activities conducted by a private valet operator providing
valet parking services that include, but are not limited to, queuing,
storage, taking temporary custody of a customer's vehicle or delivering
the vehicle back to the customer, securely storing customer keys,
and all the equipment, devices, signage, tables, chairs, and similar
items used to support and implement valet parking services.[Added 5-20-2015 by Ord. No. 111-2015]
- PRIVATE VALET OPERATOR
- An owner of a private valet operation.[Added 5-20-2015 by Ord. No. 111-2015]
- PROFESSIONAL PERSON
- An attorney admitted in the State of New York; or a certified public accountant, a professional engineer, registered architect, registered landscape architect, planner, a physician, a dentist, a speech pathologist, an audiologist, a chiropractor, a podiatrist, a physical therapist, an optometrist, a psychologist, or a psychiatric social worker, all as defined in the Education Law of the State of New York.
- A walking area or path used by pedestrians with limited vehicular access.
- PUBLIC UTILITY
- Any person duly authorized to furnish to the public, under public regulation, electricity, gas, water, sewage treatment, steam, cable TV, telephone or telegraph service.
- Temporary staging or temporary storage of a vehicle within
a queuing area.[Added 5-20-2015 by Ord. No. 111-2015]
- QUEUING AREA
- An area of a parking facility where a vehicle stops in order
to transfer the vehicle from a customer to a valet attendant for the
purpose of parking the vehicle at another location.[Added 5-20-2015 by Ord. No. 111-2015]
- RAILROAD STATION
- A building or structure designed to accommodate travelers/commuters using the railroad. The railroad station is generally located adjacent to or adjoining the train platform and contains a ticket booth along with other accessory uses, including but not limited to a coffee shop, donut/bagel shop and newsstand.
- RAISED PLANTING ISLAND
- A raised area designed for plantings surrounded by curbs, sidewalks, roadway, or parking lots or any combination of the foregoing, with access from all sides.
- RECEPTION WINDOW
- The area within the direct line between a satellite antenna and those orbiting communications satellites carrying available programming.
- RECREATIONAL USES
- A business and/or club which, for compensation and/or dues,
offers recreational services, including, but not limited to, gyms;
health clubs; martial arts studios; educational uses; indoor sports
facilities; outdoor recreation facilities such as skating rinks, bocce
and sports courts; children's play facilities; bowling alleys; rock
climbing gyms; indoor tennis clubs; e-sports; and similar establishments.[Added 11-15-2016 by Ord. No. 233-2016]
- RESIDENCE HALL
- A building or part thereof where group sleeping accommodations
are provided in one room, or in a series of closely associated rooms,
which may or may not include shared kitchen and/or bathroom facilities
for persons not members of the same family group, under joint occupancy
and single management, and associated with a college or university
as in college dormitories or fraternity houses.[Added 2-19-2013 by Ord. No. 39-2013; 6-18-2013 by Ord. No. 121-2013]
- An establishment kept, used, maintained, advertised, or held
out to the public as a place where the primary business is the service
of meals with suitable kitchen facilities and with sit-down service
to customers for the preparation and serving of food and beverages
selected by patrons from a full menu. Customers must be served by
a waitperson, and the food must be consumed on the premises. The facility
must focus primarily on the preparation and serving of food and any
other activity such as entertainment or the operation of a bar is
ancillary to this purpose. No fee or cover charge is required for
entry. The facility will have permanent seating facilities with counters
or tables adequate to accommodate all customers served, and the surface
of these counters and/or tables will be sufficient to accommodate
full culinary services for each customer. In the floor plan for the
facility. the area devoted to a bar, if any, can represent no more
than 15% of the gross floor area. To the extent that food is separately
ordered and taken out, this latter function shall be considered accessory
to the primary restaurant use. The term "restaurant" shall not include
bars or cabarets.[Amended 7-15-2003 by Ord. No. 167-2003]
- RESTAURANT, CARRY-OUT
- A business primarily engaged in the retail sale of food products
for consumption off the premises but which may also include the incidental
sale of ready-to-consume food and beverages from a counter-type installation
for consumption on the premises, where patrons usually select their
orders from a posted menu and service and cleanup is generally performed
by the customer. The term "carry-out restaurant" shall include bakeries,
delicatessens, and other food sales establishments not providing customer
seating on the premises. It shall also include drive-up window service.[Amended 8-18-2015 by Ord. No. 168-2015]
- RETAIL, DRY CLEANERS
- A business enterprise having facilities for the cleaning and pressing of clothing, which deals directly with ultimate consumers, does not exceed 2,500 square feet of gross floor area, uses only solvents with a flash point of not less than 138.2º Fahrenheit, and has a total aggregate dry load capacity of machines not exceeding 60 pounds.
- RETAIL, LARGE-SCALE
- A very large store or group of stores containing a minimum of 100,000 square feet of gross floor area each, situated on a large tract of land (a minimum of 10 acres) that offers a wide selection of goods in special retail categories. Special retail categories consist of goods carried by such retail establishments with a particular focus or theme, such as home furnishings, office supplies, building materials, books, videos, toys, etc.
- RETAIL, WAREHOUSE CLUB
- A very large store (100,000 to 150,000 square feet) that offers large quantity purchases of a wide range of goods at wholesale or near wholesale prices due to its direct relationship with product manufacturers and its ability to buy and sell in bulk. Soft goods may not exceed 15% of floor area. Utilization of such stores by consumers requires the payment of annual membership fees.
- A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, and other similar uses.
- The exterior top covering of a building.[Added 11-21-2006 by Ord. No. 257-2006]
- Any enclosed area in a dwelling unit, except for kitchens, bathrooms and similar utility rooms. An alcove fully open into or partially separated from any room shall be considered to be a part thereof, except that, where the area of such alcove exceeds 120 square feet, such alcove shall be counted as a room.
- An occupant of a rooming unit. The term shall also include "boarder."
- ROOMING HOUSE
- Any dwelling containing two or more rooming units. The term shall also include boardinghouse and lodging house.
- ROOMING UNIT
- A portion of a rooming house or a dwelling unit which is leased for occupancy by no more than two persons.
- SCHOOL, PRIVATE
- An institution conducting a regularly scheduled academic curriculum of study similar to that of public schools and operated in accordance with the Education Law of the State of New York.
- SCHOOL, PUBLIC
- An educational institution operated by a public school district in accordance with the Education Law of the State of New York.
- See definition for "bulkhead."
- SECURITY GRILLE
- Roll-up, folding, or sliding door or grille of noncombustible
construction attached to the exterior of a building to prevent thefts,
burglaries, and/or illegal entry. The term "Security Grille" shall
not include garage doors or loading bay doors.[Amended 6-17-2008 by Ord. No. 131-2008]
- SELF-STORAGE FACILITY
- A fully enclosed commercial and/or business establishment providing varying sizes of individual compartmentalized and/or controlled access to stalls or lockers for the storage of boats, business, recreation and/or household goods.
- SENIOR CITIZEN HOUSING
- Housing which is provided under any state or federal program that is specifically designed and operated to assist elderly persons (as defined in any state or federal programs).
- State Environmental Quality Review Act.
- A grouping of woody plants, smaller than trees, consisting of several small stems from the same root or small branches near the ground; may be deciduous or evergreen.
- Any material, structure or device, or part thereof, composed of lettered or pictorial matter displaying an advertisement, announcement, notice of name, and including any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public. Refer to Chapter 270 of the City Code.
- SIGN, TEMPORARY
- Any sign or advertising device that is displayed only for a specified period of time and is not permanently mounted. Refer to Chapter 270 of the City Code.
- SITE PLAN
- A map showing the layout, arrangement and use of buildings and land, including accessory uses, structures, significant features, facilities and services, and meeting the informational requirements of this chapter. See Chapter A361 of the City Code.
- SOLAR ENERGY COLLECTOR
- A device or combination of devices which relies upon solar radiation as an energy source and that is employed for the purpose of heating or cooling a building, the heating of water or the generation of electricity.
- SPECIFIED ANATOMICAL AREAS
- Any uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breast below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or human male genitals in a discernibly erect state, even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITIES
- Any act of masturbation, fellatio, sodomy, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is female, breast.
- SPORTS COMPLEX
- A large open or enclosed place used for games and major events and partly or completely surrounded by tiers of seats for spectators.
- SPORTS COURT
- A generally paved or grassed surface together with attendant
fixed structures such as walls, poles, nets, fences, and other similar
sports-related structures, which are detached from the principal structures
and garages to which they are accessory, constructed for the purpose
of playing sports activities. Sports courts shall include, but not
be limited to, basketball courts, tennis courts, paddle tennis courts,
squash courts, handball courts, volleyball courts, and skateboard
courts.[Added 9-21-2004 by Ord. No. 198-2004]
- That part of any building 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. A basement shall be counted as a story when
the basement structural ceiling level, as measured from the lowest
point of that structural ceiling level, is four or more feet above
the average level of the finished grade surrounding the basement. [Amended 9-21-2004 by Ord. No. 198-2004]
- STORY, HALF
- Any space partially within the roof framing, where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.[Added 9-21-2004 by Ord. No. 198-2004]
- An existing state, county or City highway or local road, or a local road on a subdivision plat approved by the Planning Board, or on a plat duly filed and recorded in the Office of the County Clerk prior to the approval of the Planning Board and the grant to such Board of the power to approve subdivision plats, including all of the land within the right-of-way.
- STREET WALL
- The wall of the building closest to the nearest adjacent street.
- Anything constructed or erected, the use of which requires location in the ground or attachment to something having location in the ground. Included are buildings, swimming pools, parking garages, decks, paddle tennis courts, or any assembly of materials over four feet in height, but not anything requiring only simple paving or surfacing of the ground, such as parking lots, driveways or sidewalks.
- STUDIO, PROFESSIONAL
- A room or space in a building in which a person provides professional artistic and/or musical instruction, photography, and exercise or physical improvement classes.
- The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale, development, or lease and regulated by Chapter A361 of the City Code.
- SUN-SHADING DEVICE
- A device that limits the amount of sunlight entering a building,
including, but not limited to, roll down blinds. shutters, vertical
louvers, horizontal louvers, canvas awnings, fixed or moveable.[Added 2-19-2013 by Ord. No. 39-2013]
- SWIMMING POOL
- A man-made body of water or receptacle for water having a depth of more than 24 inches and a water capacity of more than 300 cubic feet, and constructed, installed or maintained in or above ground outside any building not including so-called "hot-tubs."
- TANDEM PARKING
- Storage of two vehicles for the same dwelling unit, regardless
of how configured, that requires moving one vehicle parked in a space
in order to reach the other vehicle parked in another parking space.[Added 5-20-2015 by Ord. No. 111-2015; amended 3-15-2016 by Ord. No. 75-2016]
- TASTING ROOM
- An establishment which is used for the consumption and sale
of products made in accordance with the New York State Farm Brewery
Law. Said products may be produced on site or off site. The
establishment may also include other uses such as dining and retail.[Added 2-12-2019 by Ord. No. 2019-42]
- TASTING ROOM (ACCESSORY)
- A portion of a craft beverage facility which is used for
the consumption of products made by the on-site business or in collaboration
with the on-site business.[Added 7-18-2017 by Ord. No. 152-2017; amended 2-12-2019 by Ord. No. 2019-42]
- TATTOO STUDIO
- Any room, space, shop, or personal services establishment
involved in the piercing of any part(s) of the body and/or the marking
or coloring of the skin by pricking or coloring matter so as to form
indelible marks or figures or by the production of scars.[Added 3-23-2010 by Ord. No. 55-2010]
- A motor vehicle defined as a taxicab or livery vehicle under
the New York State Vehicle and Traffic Law.[Added 1-15-2002 by Ord. No. 19-2002]
- TEMPORARY LIGHTING
- Temporary decorative lighting typically installed during
holiday seasons.[Added 3-15-2016 by Ord. No. 73-2016]
- A building or part of a building devoted to showing motion
pictures or for dramatic, educational, musical, or other live stage
performances and which provides a seat for each patron.[Amended 7-15-2003 by Ord. No. 167-2003]
- TIDAL WETLAND/FRESHWATER WETLAND
- Any area which meets one or more of the following criteria:
- A. Lands and waters of the state that meet the definition provided in § 24-0107.1 of the New York State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) and have an area of at least 12.4 acres or, if smaller, have unusual local importance as determined by the Commissioner of the Department of Environmental Conservation of the State of New York pursuant to § 24-0301.1 of the Act. The approximate boundaries of such lands and waters shall be determined pursuant to § 24-03-1.5 of the Act, or a map that has been amended or adjusted pursuant to § 24-0301.6 of this title.
- B. All areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of hydrophytic vegetation as defined by the most recent approved version of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands prepared by the U.S. Army Corps of Engineers.[Amended 10-16-2018 by Ord. No. 2018-211]
- TRAVEL TRAILER
- A vehicular portable device built on a chassis, designed to be used primarily as a temporary abode, having a body width not exceeding eight feet and a body length not exceeding 32 feet and which requires connection to another motor vehicle for movement.
- URBAN RENEWAL PROJECT
- A program for the physical improvement of primarily urban areas through comprehensive planning, which may or may not involve governmental assistance to effect rehabilitation and/or redevelopment, established pursuant to Article 15 or 15A of the NYS General Municipal Law.
- The specific purpose for which property is designed, arranged, intended or for which it is or may be occupied or maintained.
- VALET ATTENDANT
- A person, acting on behalf of a valet operator, who transfers
a vehicle to and from a customer for the purpose of parking the vehicle.[Added 5-20-2015 by Ord. No. 111-2015]
- VALET EQUIPMENT
- Items used in the valet operation, including but not limited
to mobile stands, traffic control devices, signs, tables, chairs,
umbrellas, key boxes and any other objects necessary for the valet
operation that are proposed to be placed within the right-of-way,
sidewalk, or other areas used for vehicular or pedestrian travel.[Added 5-20-2015 by Ord. No. 111-2015]
- VALET STORAGE AREA
- The location where a valet attendant parks a customer's vehicle
while in the care and custody of the valet operator.[Added 5-20-2015 by Ord. No. 111-2015]
- VARIANCE, AREA
- The authorization by the Board of Appeals on Zoning for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations. Adjustments to any parking regulation is considered an area variance.
- VARIANCE, USE
- The authorization by the Board of Appeals on Zoning for the use of land or building for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
- WATER TAXI
- A boat functioning as a taxi for the transportation of passengers across a body of water between any two points.
- WATER-DEPENDENT USE
- Personal recreational activities which depend on access to coastal waters (boating, swimming, fishing, wildlife viewing), group recreational facilities which depend on access to coastal waters (beach and/or yacht clubs, boat charter facilities, facilities needed to sell, store, and service boats), and uses that rely heavily on waterborne transportation.
- WATER-RELATED USE
- A use that has no critical dependence on obtaining a waterfront location, but the profitability of the use would be increased significantly if the use were adjacent to or had visual access to the waterfront.
- WETLAND SETBACK
- A specified area surrounding a wetland that is intended to prohibit development from occurring within its boundaries.
- WIND TURBINE or WIND ENERGY TURBINE
- A wind turbine or wind energy turbine converts kinetic wind
energy into rotational energy that drives an electrical generator.
A wind turbine typically consists of a mast or mounting frame and
structural supports, electrical generator, transformer, energy storage
equipment, and a rotor with one or more blades. Some turbines use
a vertical axis/helix instead of rotor blades.[Added 11-15-2016 by Ord. No. 233-2016]
- YACHT CLUB
- A club organized to promote and regulate yachting and boating.
- YARD, FRONT
- An open unoccupied space between the street right-of-way line coincident to the outer property lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district. In the case of a building located on a nonrectangular lot, the yard provided shall be the average dimension between the building wall and the property line; however, in no case shall any part of any construction encroach upon the front yard required by the Schedule of District Regulations for the district by more than 10%.
- YARD, MINIMUM
- The minimum yard as required in accordance with the applicable Schedule of Dimensional Regulations in § 331-29, which yard shall be measured from the front, side or rear lot line whichever the case may be.
- YARD, REAR
- An open unoccupied space between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district. In the case of a building located on a nonrectangular or irregularly shaped lot, the yard provided shall be the average dimensions between the building wall and the property line; however, in no case shall any part of any construction encroach upon the rear yard required by the Schedule of District Regulations for the district by more than 10%.
- YARD, SIDE
- An open unoccupied space between the side lot line drawn parallel thereto at such distance therefrom as may be specified herein for any district. In the case of a building located on a nonrectangular or irregularly shaped lot, the yard provided shall be the average dimension between the building wall and the property line; however, in no case shall any part of any construction encroach upon the side yard required by the Schedule of District Regulations for the district by more than 10%.
- A place where animals are kept, often a combination of indoor and outdoor spaces, and are viewed by the public.
Editor's Note: The former definition of "antenna, transmitting," which immediately followed this definition, was repealed 1-15-2002 by Ord. No. 21-2002.
Editor's Note: The definition of “building height,” which immediately followed this definition, was repealed 3-17-2009 by Ord. No. 53-2009. See the definition of “height of building” below.
Editor's Note: The former definition of “cellar,” which immediately followed this definition, was repealed 4-20-2004 by Ord. No. 90-2004.
Editor's Note: The former definition of "collocation," which immediately followed this definition was repealed 1-15-2002 by Ord. No. 21-2002.
Editor's Note: The definition of "dwelling, townhouse," which immediately followed this definition, was repealed 11-21-2006 by Ord. No. 257-2006.
Editor's Note: The section of this ordinance which amended this definition shall not apply to building permits to construct buildings in subdivisions which subdivisions obtained final plat approval from the Planning Board after 11-20-2001 and prior to 4-20-2004.
Editor's Note: The former definition of "macro cell," which immediately followed this definition, was repealed 1-15-2002 by Ord. No. 21-2002.
Editor's Note: The former definition of "nightclub," which immediately followed this definition, was repealed 7-15-2003 by Ord. No. 167-2003.
Editor's Note: The former definition of "personal wireless service," which immediately followed this definition, was repealed 1-15-2002 by Ord. No. 21-2002.
Editor's Note: The former definition of "Restaurant, Fast-Food," which immediately following this definition, was repealed 7-19-2011 by Ord. No. 135-2011.
Editor's Note: The definition of "minor accessory structure," which immediately followed this definition, was superseded 7-16-2002 by Ord. No. 139-2002.
Editor's Note: See Ch. 3-B, Article 4, § 51-a, Farm brewery license, of the Alcoholic Beverage Control Law.
Editor's Note: The definitions of "wireless telecommunication facility," "wireless telecommunication facility height" and "wireless telecommunication tower," which immediately followed this definition, were repealed 1-15-2002 by Ord. No. 21-2002.