Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
ADEQUATE CAPACITY[Added 8-13-1998 by L.L. No.
7-1998]
(1)
Capacity is considered to be adequate if 98%
or more of the calls made are able to connect on the first attempt
to the base station of a "wireless telecommunication services facility"
for at least 50% of the days in a preceding month of application as
measured using direct traffic measurement of the personal wireless
service facility, where call blocking is due to frequency contention
at the antenna.
(2)
Where capacity must be determined prior to the
installation of a proposed personal wireless services facility, "adequate
capacity" shall be determined on the basis of a twenty-percent busy
hour (20% of all offered traffic occurring within the busiest hour
of the day, using the Erlang B model), with total daily traffic based
on aggregate estimates of the expected traffic in the coverage area
in the Town of Pound Ridge.
ADEQUATE COVERAGE
Coverage for personal wireless service facility is considered
to be adequate within that area surrounding a base station where the
predicted or measured median field strength of the transmitted signal
as measured outdoors at a height of six feet above the ground is greater
than -90 dBm for at least 80% of the intended coverage area in the
Town of Pound Ridge. It is acceptable for there to be holes within
the intended coverage area where the signal strength is less than
-90 dBm, provided that the signal regains its strength further away
from the base station. The outer boundary of the area of "adequate
coverage," however, is that location past which the signal does not
regain a strength of equal to or greater than -90 dBm. For the limited
purpose of determining whether the use of a "repeater" or "secondary
wireless telecommunication services facility" is necessary or desirable,
there shall be deemed to be inadequate coverage within said holes
and beyond the boundary of the area of "adequate coverage" where there
is a "failure of coverage" in said areas.
[Added 8-13-1998 by L.L. No. 7-1998]
AFFORDABLE FAIR HOUSING DWELLING UNITS
[Added 5-2-2013 by L.L. No. 2-2013]
(1)
A for-purchase dwelling unit that is affordable to a household
whose income, as defined by the U.S. Department of Housing and Urban
Development (HUD), does not exceed 80% of the area median income (AMI)
for Westchester County as defined annually by HUD and for which the
annual housing cost of a unit including common charges, principal,
interest, taxes and insurance (PITI) does not exceed 33% of 80% of
the AMI, adjusted for family size and that is marketed in accordance
with the Westchester County Fair & Affordable Housing Affirmative
Marketing Plan.
(2)
A rental dwelling unit that is affordable to a household whose
income, as defined by HUD, does not exceed 60% of said AMI and for
which the annual housing cost of the unit, defined as rent plus any
tenant paid utilities, does not exceed 30% of 60% of the AMI, adjusted
for family size and that is marketed in accordance with the Westchester
County Fair & Affordable Housing Affirmative Marketing Plan.
ALTER
To change, enlarge or rearrange the structural parts or the
exit facilities of a "building" or "structure," including an extension
on a side or increase in "height" or the moving from one location
or position to another.
APARTMENT, ACCESSORY
A "dwelling unit" which is incidental and subordinate to
a permitted principal "one-family dwelling" and located on the same
"lot" therewith.
AREA, BUILDING
The maximum horizontal area at the main grade level of principal
"buildings" and all "accessory buildings," measured from the exterior
face of exterior walls, exclusive of uncovered porches, parapets,
steps and terraces. In the Planned Business "Districts," "building
area" is also used to designate those areas shown on the Zoning Map
or the approved area development plan which delimit those portions
of the affected properties in which "buildings" or "structures" may
be erected.
BASEMENT
That portion of a "building" which is partly underground
but which has more than half of its clear height, measured from floor
to ceiling, above the average "finished grade." (See definition of
"cellar" for comparison.)
BASE STATION
The primary sending and receiving site in a "wireless telecommunication
services facility" network.
[Added 8-13-1998 by L.L. No. 7-1998]
BUILDING
Any "structure" having a roof and intended for the shelter,
housing or enclosure of persons, animals or chattels.
BUILDING, ACCESSORY
A subordinate "building," the "use" of which is customarily
incidental to that of a "principal building" on the same "lot." Where
an "accessory building" is attached to the "principal building" in
a substantial manner, as by a wall or roof, such "accessory building"
shall be considered part of the "principal building."
BUILDING LENGTH
The horizontal distance between the furthermost walls of
a "building," measured along or parallel to the axis of its greatest
dimension.
BUILDING, PRINCIPAL
A "building" in which is conducted the "principal use" of
the "lot" on which said "building" is situated.
CELLAR
A portion of a "building" which is partly or wholly underground
and which has half or more than half of its clear height below the
average "finished grade." (See definition of "basement" for comparison.)
CLUB, HEALTH, EXERCISE OR FITNESS
Membership facilities designed and used for body conditioning
and rehabilitation, including activities such as aerobic and related
class exercises. "Health, exercise and fitness clubs" may contain
equipment such as whirlpool, sauna, steam room, showers, locker facilities
and the incidental retail sale of related sundries, snacks and refreshments.
CLUB, PRIVATE MEMBERSHIP
An organization not conducted primarily for gain, catering
exclusively to members and their guests, including land, "buildings"
and facilities for recreational, athletic, social, professional or
cultural purposes. The members of the organization shall have a financial
interest in, and method of control of, the assets and management of
the "membership club."
COVERAGE, LOT
That percentage of the land area covered by the combined
area of all "buildings," "structures" and paved areas on the "lot."
DELICATESSEN; SANDWICH SHOP
An establishment which prepares and sells food and beverages
ordered from a counter or display case where the patron selects from
a variety of ingredients which are assembled as requested by the patron
and/or are available separately for purchase by weight or quantity,
which foods are sold primarily for consumption off the "premises,"
provided that the floor area devoted to customer seating is less than
20% of the "gross floor area." The term "delicatessen; sandwich shop"
shall not include "fast-food restaurants."
DISH ANTENNA
A "structure" and device, also known as a satellite dish
or "earth station," which normally contains three main components,
including an antenna in the form of a dish, a low-noise amplifier
and a receiver, and whose purpose is to receive, but not transmit,
communication or other signals from orbiting satellites.
DWELLING
A "building" designed or used exclusively as living quarters
and shall not be deemed to include a motel, hotel, rooming housing
or tourist home.
DWELLING, MULTIFAMILY
A detached "building" containing three or more "family" or
housekeeping units living independently of each other with their own
sleeping, sanitary and cooking facilities.
[Added 2-6-2014 by L.L. No. 2-2014]
DWELLING, TWO-FAMILY
A detached "building" containing two "family" or housekeeping
units living independently of each other with their own sleeping,
sanitary and cooking facilities.
[Added 2-6-2014 by L.L. No. 2-2014]
DWELLING UNIT
A "building," or portion thereof, providing complete housekeeping
facilities for one "family."
FAILURE OF COVERAGE
An area within the Town of Pound Ridge where the predicted
or measured median field strength of the transmitted signal falls
below -100 dBm.
[Added 8-13-1998 by L.L. No. 7-1998]
FAMILY
One or more persons occupying a "dwelling unit" and living
as a single housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bond.
FARM; FARM USE; CUSTOMARY FARM OCCUPATION
(1)
FARM or FARM USEThe "use" of a parcel of land, either as a principal or "accessory use," for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides, but shall not include the breeding, raising or maintaining of hogs or fur-bearing animals, riding academies, "livery stables" or animal "kennels." A garden accessory to a residential "use" shall not be deemed a "farm" or "farm use."
(2)
CUSTOMARY FARM OCCUPATIONThe conducting of usual "farm" activities and shall include the processing of the products of only the "farm" on which such processing is conducted.
FENCE HEIGHT
The distance measured vertically from the natural ground,
prior to any grading, filling or modification, to the top of each
span of a "fence" or to the top of a combination of "wall" and "fence."
In determining "fence height," posts, post caps, post tops, pillars
and gates are excepted.
FENCE, WALL, GATE, PILLAR AND BERM
Any "structure," including a fence, wall, gate, pillar or
earthen berm, regardless of composition, except those comprised of
living plants, that is erected or maintained for the purpose of enclosing,
separating or screening a piece of land or a "building."
FLOOR AREA RATIO (FAR)
The ratio of the sum of the gross horizontal floor space
on all stories of all "buildings" on a property to the gross land
area of the property.
FRONTAGE
The continuous extent of a "building" or of land along a
"street."
FRONT YARD SETBACK LINE
A line parallel to the "front lot line" and at a distance
therefrom equal to the minimum "front yard" dimension for the "district'
in which located.
GARAGE, PRIVATE
An "accessory building" or part of a "principal building"
used only for the storage of motor vehicles belonging to residents,
employees or visitors of the "premises" as an "accessory use."
GRADE, FINISHED
The "finished grade" at any point along the wall of a "building"
is the elevation of the completed surfaces of lawns, walks and roads
adjoining the wall at that point.
GROSS FLOOR AREA
The sum of the horizontal areas of all floors of all "buildings,"
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 wall.
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance to the level of the highest point of
the roof's surface if the roof is flat or inclines not more than one
inch vertical for each six inches horizontal, or to the mean point
between the eaves and the highest point of the roof if of any other
type, or to the highest point of the "structure" if it has no roof,
measured from the average level of the natural grade or the "finished
grade" adjacent to the exterior walls of the "building," whichever
is lower.
HOUSE TRAILER
Any portable or mobile vehicle used or designed to be used
for living or sleeping purposes. The term "trailer" shall include
such a vehicle if mounted on temporary or permanent foundations, with
or without the wheels in place.
KENNEL
The keeping of more than four dogs over the ages of five
months.
LANDSCAPE NURSERY AND GARDEN CENTER
The growing, producing, storage and sale to the public, at
retail, of nursery and greenhouse stock, garden and house plants,
trees and shrubs, whether grown on the "premises" or not, and the
sale and display of seeds, bulbs, packaged fertilizers and soil nutrients,
mulches, topsoil and similar materials used in the care and maintenance
of residential lawns, gardens and plants. A "landscape nursery" may
also include as an "accessory use" the sale and display of other lawn-
and garden-related products such as garden ornaments, pots and pottery
products, holiday and seasonal items and decorations, lawn furniture
and accessories, packaged insecticides, powered garden tools and equipment
and the repair and servicing of any such items sold.
LINE OF SIGHT
What can be seen when the observer's eye is four feet above
the grade of the pavement edge and the object is one foot above the
grade of the pavement edge.
LIVERY STABLE
The maintenance of a stable for horses for "use" by the public
or private clubs or academies.
LOADING SPACE
Any off-"street" space available for the parking of one truck
for the loading or unloading of goods, not less than 15 feet wide,
30 feet long and 15 feet high, if covered, and having direct usable
access to a "street" or alley, except that where one such "loading
space" has been provided, any additional "loading space" lying alongside,
contiguous to and not separated from such first "loading space" need
not be wider than 12 feet.
LOT
A recorded contiguous parcel of land not divided by "streets,"
occupied or to be occupied by a "building" or "buildings" and "accessory
buildings" and "uses," together with such open spaces as are required
under the provisions of 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 provision of law, to be adequate as a condition
of the issuance of a building permit for a "building" on such land.
LOT AREA
The total horizontal area included within "lot lines."
LOT, CORNER
A "lot" of which at least two adjacent sides abut on "streets"
or public places.
LOT DEPTH
The mean horizontal distance between the front and rear "lot
lines," measured in the general direction of the "side lot lines."
LOT LINE, FRONT
The property line or lines separating the "lot" from the
"street" or "streets."
LOT LINES
The property lines bounding a "lot," as defined herein.
LOT LINE, REAR
The "lot line" which is generally opposite and parallel to
the front line. 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 WIDTH
The mean width of a "lot" measured at right angles to its
depth, measured at the "principal building" line.
MONOPOLE
A freestanding pole having a single point of location on
the ground comprising a part of a "wireless telecommunication services
facility." For purposes of this chapter, the term "monopole" shall
include, in addition to the pole, all other components of the "wireless
telecommunication services facility."
[Added 8-13-1998 by L.L. No. 7-1998]
MULTI-FAMILY HOUSING
A planned residential development comprised of "multi-family
dwellings." "Accessory uses" which are ancillary to "multi-family
housing," such as recreational facilities, community rooms and detached
garages, may also be included in the development. "Multi-family housing"
projects may contain or be comprised of "two-family dwellings."
[Added 2-6-2014 by L.L. No. 2-2014]
NIER
Nonionizing electromagnetic radiation.
[Added 8-13-1998 by L.L. No. 7-1998]
NONCONFORMING, DIMENSIONALLY
The status of a "building" or "structure" that is conforming
in "use" but does not conform to the minimum "lot" dimension, "yard"
dimension, "height," "building coverage," "floor area ratio," off-"street"
parking, loading or similar dimensional requirements of this chapter
and which conformed to such dimensional requirements in effect at
the time such "building" or "structure" was established.
NONCONFORMING USE
A "use" of a "building" or of land that does not conform
to the regulations as to the "use" in the "district" in which it is
situated, which "use" was lawful at the time this chapter or amendments
thereto became effective.
NURSERY SCHOOL
A school designed to provide daytime care and instruction
to five or more children under six years of age and operated in accordance
with the Social Services Law of the State of New York.
OPEN CONSTRUCTION FENCING
Semiscreen "fence" construction which is not entirely closed
and can be seen through, such as lattice fencing or picket fencing
in which the spindles are spaced so as to provide a partial view.
PARKING AREA
An off-"street" area containing one or more "parking spaces,"
with passageways and driveways appurtenant thereto. In the Planned
Business A "District," "parking area" is also used to designate those
areas shown on the Zoning Map which are to be used solely for off-"street"
parking and loading facilities.
PARKING SPACE
An off-"street" space available for the parking of one motor
vehicle on a transient basis, having dimensions of not less than nine
feet by 18 feet if unenclosed, and not less than 10 feet by 18 feet
if enclosed or bordered by walls or columns on two or more sides,
exclusive of passageways and driveways appurtenant thereto and giving
access thereto, and having direct usable access to a "street" without
requiring the backing of any vehicle across a sidewalk or into the
"street" right-of-way. The minimum size of a required parking space
may be reduced to dimensions of not less than eight feet by 16 feet
by the Planning Board as part of an approved site development plan
where said space(s) shall be reserved for compact vehicles only. Handicap
accessible or barrier-free spaces shall comply with ANSI standards.
PREMISES
A tract of land with the "buildings" thereon.
PUBLIC UTILITY
Persons, firms or corporations supplying gas, electricity,
water, power, transportation, cable, television or telephone service
to the general public.
REPEATER
A small, supplementary and accessory bidirectional amplifier
facility designed and limited in height and transmission power to
provide service only where there is a "failure of coverage" and to
minimize visual impacts and the need for primary "base stations."
[Added 8-13-1998 by L.L. No. 7-1998]
RESIDENTIAL CARE FACILITY
Any facility licensed and/or supervised by an appropriate
governmental agency to provide resident services and twenty-four-hour
supervision to two or more persons. Such facility must be headed by
an agency-approved staff and function as a single housekeeping unit.
RESTAURANT
An establishment which prepares and serves food and beverages
selected by patrons from a full menu, served by a waiter or waitress
and consumed on the "premises," as well as permanent seating facilities
and counters or tables, adequate to accommodate all customers served.
The term "restaurant" shall not be considered to include any fast-food
establishment, refreshment stand, curb service or drive-in-food-type
establishment.
RESTAURANT, FAST-FOOD
A business enterprise primarily engaged in the retail sale
of ready-to-consume food and beverages served in disposable containers
and selected by patrons from a limited number of specialized items,
such as but not limited to hamburgers, chicken, fish and chips, tacos,
pizza and hot dogs, which are prepared according to standardized procedures
for consumption, either on or off the "premises," in a facility where
a substantial portion of the sales to the public is by drive-in or
stand-up service.
SECONDARY WIRELESS TELECOMMUNICATION SERVICES FACILITY
A small "wireless telecommunication services facility" that
is intended, designed and limited in its implementation to provide
service only in and for an area where there is a "failure of coverage."
Such facility shall be limited in height and transmission power to
the minimum necessary to achieve "adequate coverage" in the area where
there is a "failure of coverage."
[Added 8-13-1998 by L.L. No. 7-1998]
SENIOR CITIZEN HOUSING
A planned community of "dwelling units" which is designed
and intended for and whose occupancy is limited to qualified "senior
citizens." Other "uses" which are ancillary to "senior citizen housing,"
such as common dining facilities, meeting rooms, recreational facilities
and limited first-aid treatment rooms (infirmaries), may also be included.
"Senior citizen housing" shall not include nursing home facilities.
SENIOR CITIZENS
Persons who are 62 years of age or older, including members
of a household in which one of the members is 62 years of age or older,
provided that no household member is less than 18 years of age.
SETBACK, INCREASED MINIMUM
A setback that has been increased in proportion to the amount that the threshold standard(s) for site plan approval has been exceeded. (See Schedule of Bulk Regulations, §
113-37.)
[Added 6-13-2023 by L.L. No. 3-2023]
SIGHT DISTANCE
The measurement of the distance one can see with a clear
"line of sight."
SIGN
Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any governmental agency or any civic, charitable, religious, patriotic or fraternal or similar organization. For the purposes of this chapter, "signs" shall be considered to be "structures" and shall be subject to all regulations applicable to "structures." (See Chapter
88, Signs.)
STORY
That portion of a "building" included between the surface
of any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. A "basement" or "cellar" shall be counted as a "story"
if the finished floor level directly above the "basement" or "cellar"
is more than six feet above the level from which the "height" of the
"building" is measured.
STORY, HALF
A "story" with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such "story."
STREET
A public or private thoroughfare, permanently open to common
and general "use," which "street" has been established as part of
a subdivision approved by the Town Planning Board or as part of a
subdivision plan recorded in the Division of Land Records, Office
of the County Clerk of Westchester County, prior to the adoption of
the Town's Land Subdivision Regulations, or which "street" existed prior to that date.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including, but not limited to, buildings, signs, swimming
pools, tennis courts, fences, walls gates, pillars, ground mounted
solar arrays, and berms.
[Amended 12-8-2016 by L.L. No. 3-2016]
TAKE-OUT FOOD ESTABLISHMENT; BAKERY
An establishment which prepares and sells food and beverages
ordered by telephone or from a counter or display case where the patron
selects from a limited menu consisting primarily of freshly prepared
foods or baked goods, which foodstuffs are sold primarily for the
consumption off the "premises" and where the floor area devoted to
customer seating is less than 20% of the "gross floor area." The term
"take-out food establishment; bakery" shall not include "fast-food
restaurants."
USE
The specific purpose for which land or a "building" is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any "nonconforming use."
USE, ACCESSORY
A "use" which is customarily incidental and subordinate to
the "principal use" of a "lot" or a "building" and located on the
same "lot" therewith and limited to the "uses" specifically listed
in the schedule of permitted "accessory uses" for the zoning "district"
in which it is located. An "accessory use" may not be accessory to
another "accessory use."
WIRELESS TELECOMMUNICATION SERVICES
The provision of wireless telecommunication services, including
those more commonly referred to as "cellular telephones," which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless services" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. Section 332 (c)(7)(C), or as hereafter amended.
With the exception of communications for the Town of Pound Ridge police,
fire, ambulance and highway department, the term "wireless telecommunication
services" shall specifically exclude all other services not included
in the FCC definition of "personal wireless services."
[Added 8-13-1998 by L.L. No. 7-1998]
WIRELESS TELECOMMUNICATION SERVICES FACILITY
Any equipment "used" in connection with the commercial operation
of "wireless telecommunication services," as defined herein, and as
the term "personal wireless services facilities" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. Section 332 (c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including but not limited
to antennas, "monopoles," equipment, appurtenances and "structures."
[Added 8-13-1998 by L.L. No. 7-1998]
YARD
An open space of uniform width or depth on the same "lot" with a "building" or group of "buildings," which open space lies between the "building" or group of "buildings" and the nearest "lot line" and is unoccupied and unobstructed from the ground upward, except for certain features specified in §
113-38A. In measuring a "yard," as hereinafter provided, the line of a "building" shall be deemed to mean a line parallel to the nearest "lot line," drawn from a point of a "building" or the point of a group of "buildings" nearest to such a "lot line," exclusive of certain features specified in the aforesaid section as not to be considered in measuring "yard" dimensions or as being permitted to extend into any front, side or "rear yard," respectively, and the measurement shall be taken at right angles from the line of the "building" to the nearest "lot line."
YARD, FRONT
A "yard" extending across the full width of the "lot" and
lying between the front line of the "lot" and the nearest line of
the "building."
YARD, REAR
A "yard" extending across the full width of the "lot" and
lying between the rear line of the "lot" and the nearest line of the
"building."
YARD, SIDE
A "yard" between the side line of the "lot" and the nearest
line of the "building" and extending from the "front yard" or, in
the absence of either of such "yards," to the front and rear "lot
line," as the case may be.