Except where specifically defined herein, all
words used in this chapter shall carry their customary meaning. Words
used in the present tense include the future, and the plural includes
the singular. The word "lot" includes the word "plot;" the word "building"
includes the word "structure;" the word "shall" is intended to be
mandatory; "occupied" or "used" shall be construed as though followed
by the words "or intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A building detached from and subordinate to the principal
building on a lot and used for purposes customarily incidental to
those of the principal building. (See also "accessory structure" and
"accessory use.")
A structure detached from the principal building located
on the same lot and customarily incidental and subordinate to the
principal building or use. (See also "accessory building," "accessory
use.")
A use of land or of a building or structure or portion thereof
customarily incidental and subordinate to the principal use of the
land, building or structure and located on the same lot as the principal
use. (See also "accessory building" and "accessory structure.")
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or plumbing, as well as any change in doors, windows, means of ingress
or egress, or any enlargement to or diminution of a building or structure,
whether horizontally or vertically, or the moving of a building or
structure from one location to another. Minor repairs and maintenance
shall not be considered as alterations.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
A self-propelled, free-moving vehicle with four wheels, designed
primarily for carrying passengers, excluding trucks of more than one-and-one-half-ton
load capacity; recreational and camping vehicles; motorcycles; vans
and buses with a capacity of more than eight persons. No vehicle with
a commercial registration shall be deemed an automobile.
The use of any building, land area or other premises for
the display, sale, lease or rental of automobiles, and including any
warranty repair work and other repair service conducted as an accessory
use.
In a multifamily dwelling, the sum of the gross floor area
of the ground story and all living floors above the ground story (excluding
public hallways, stairways and elevator shafts providing access thereto,
all garage space, cellars, heater rooms, basements other than those
used for living area and open or unheated porches, balconies, breezeways
and all nonlivable space under the roof), divided by the number of
separate dwelling units in such multifamily dwelling.
A business establishment that accepts and maintains deposits
of money, makes loans, and performs and offers customers financial-related
services, but not including check-cashing stores or pawnshops.
A dwelling providing overnight lodging but no meals, except
breakfast, for transient paying guests.
A house or building in which paying guests are furnished
meals, which service is merely incidental to the main use of the house
or building as the residence of the family keeping the boarders, and
there is no display or advertising for boarders. The keeping of more
than two boarders shall be prima facie evidence that the house or
building is being used as a boardinghouse.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods, or materials of any kind.
The maximum horizontal projected area of a building and its
accessory buildings, as viewed from above the building, excluding
chimneys, open steps, balconies, buttresses, terraces, cornices and
other permitted minor ornamental features projecting from the walls
of the building and not otherwise supported by the ground, expressed
as a proportion or percentage of the lot area upon which it is situated.
Written permission or authorization issued by the Building
Department to conduct construction in accordance with signed and sealed
plans and all required Board approvals.
A roofed-over but not fully enclosed storage space for one
or more automobiles.
A certificate issued by the Building Department that certifies
that all requirements of this chapter pertaining to the improvements
to which the certificate relates have been satisfied.
An association of persons, whether incorporated or unincorporated,
for social intercourse or other common social purpose, not conducted
for pecuniary profit, and managed by officers serving without pay
and chosen directly or indirectly by the members who form the association.
A building that, with its accessory structure(s), is occupied
by a club.
A lot at the junction of and having lot lines on two or more
intersecting streets whose right-of-way lines meet and form an interior
angle of 135° or less. The front yard on a corner lot containing
a one-family residential dwelling shall be that yard to which the
home has its primary orientation as of August 8, 2005. The primary
orientation is that side of the house facing the street whereon the
dwelling has its main entrance, characterized by such features as
a front door or entryway leading into a formal entrance lobby and/or
living room areas. On a corner lot, the yard opposite the front yard
shall be the rear yard; the other yard fronting a street shall be
the side-front yard; and the yard opposite the side-front yard shall
be a side yard. The above determination of yards for corner lots shall
apply in all cases, including but not limited to applications for
the alteration, expansion, rehabilitation or renovation of existing
homes, and to the demolition or teardown and reconstruction or redevelopment
of a one-family residential dwelling. In those cases where a one-family
residential dwelling is proposed on a corner lot which does not, or
did not contain an existing one-family residential dwelling as of
August 8, 2005, the homeowner shall choose which yard shall be the
front yard. In such cases, the front door and primary orientation
of such new one-family residential dwelling residential dwelling shall
be toward the front yard.
[Amended 8-8-2005 by L.L. No. 3-2005]
See "lot coverage."
[Added 11-21-2016 by L.L.
No. 12-2016]
An uncovered platform-type structure extending from the exterior
wall of a residential dwelling, and raised above ground. Any such
structure with a permanent roof shall be considered part of the adjacent
building. (See "terrace."]
The mean distance from the front line of a lot to its rear
line, measured in the general direction of the axis thereof.
Any requirement or regulation of this chapter specifying
a minimum or maximum distance, height, area, volume, ratio or other
quantitative measurement such as lot area, lot width, front, rear
or side yard, side front yard, building area and height in stories
or feet.
A food service establishment that provides food and drink
ordered over a counter from a menu, without waiter service, for consumption
on-site or off-site, and that also provides space for private events
not open to the general public and provides musical entertainment.
[Added 7-24-2023 by L.L. No. 8-2023]
A retail establishment used primarily for the purposes of
picking up or dropping off clothing by customers for dry cleaning
purposes, and in which clothes are also dry cleaned within the premises.
A building, or an entirely self-contained portion thereof,
containing its own sleeping, sanitary and cooking facilities occupied
or intended to be occupied for residential purposes by one family.
An open, unoccupied space, other than a yard, on the same
lot with the principal building, which does not extend to a required
front, side or rear yard or to a street.
An increase in the size of an existing structure, building
or use, including the physical size of a property, structure, building,
parking or other improvements.
Structure(s), including without limitation base stations,
designed and used to shelter equipment and/or to support wireless
telecommunications. The term "equipment facility" does not include
offices, long-term storage of vehicle or other equipment storage,
or broadcast studios.
An economic unit at a particular location where business
is conducted or services are performed.
See "mechanical rock excavation."
[Added 12-19-2016 by L.L.
No. 20-2016]
The exterior walls of a building exposed to public view or
that will be viewed by persons not within the building.
One or more persons lawfully occupying a dwelling unit and
living as a single nonprofit housekeeping unit.
The lowest story that has 50% or more of its cross-sectional
area above the average level of the ground adjacent to the building.
A highway-oriented takeout food establishment which is a
principal use in a building and which is designed for a location on
a major through road. Examples include establishments specializing
in hamburgers, hot dogs, tacos, pizza and chicken.
See "lot, flag."
See "gross residential floor area."
[Added 11-21-2016 by L.L.
No. 11-2016]
See "lot line, front."
The open, unoccupied space on a lot extending from the front
lot line to the closest point of the principal building to the front
lot line and extending the full width of the lot, from side lot line
to side lot line, or, in the case of corner lots, from side lot line
to side front lot line. For a new residence with frontage on more
than one street constructed after March 15, 2005, the owner shall
select which yard will be the front, and the residence shall have
its front entrance on that street. On lots with existing residences,
the front yard shall be deemed as the location with the front entrance
on the date of the adoption of this chapter.
That part of a lot abutting a street.
A building used for the preparation of deceased human beings
for burial or interment, and for the display of the deceased, and
ceremonies connected therewith before burial or cremation.
A private garage sharing a common wall with a residential
structure or incorporated into the residential structure itself.
A structure that is accessory to a residential use on the
same lot, which is used or can be used for the parking of one or more
automobiles and which is not used by the general public.
An uninhabitable accessory building separated from a main
building and used primarily for the storage of one or more automobiles
as an accessory use for an owner or tenant of the main building.
Any building, land area or other premises used or intended
to be used for the retail dispensing or sale of automotive fuel(s),
which activity may be accompanied by accessory uses such as sales
of lubricants, tires, accessories or supplies or minor repairing of
automobiles; provided, however, that automobile wrecking, major repairing
of automobiles, body repair, frame straightening and painting, parking
or storing of one or more automobiles for sale or hire, storage of
one or more unregistered vehicles or vehicles not in the process of
being repaired, and the operation of more than one towing vehicle
shall not be deemed permissible accessory uses of a gasoline service
station.[1]
The sum of the gross floor area of all floors of a dwelling
and accessory buildings on the same lot as the dwelling, including
the basement, cellar, and attic, whether finished or unfinished, measured
to the exterior of the outside walls. For the purpose of calculating
the gross residential floor area ratio (FAR) of one-family dwellings
in One-Family Residence Districts and the Waterfront Coastal Zone
District, the following areas may be excluded:
[Added 11-21-2016 by L.L.
No. 11-2016]
Space in unroofed structures such as decks, terraces, and patios;
Space in unenclosed porches, unenclosed breezeways, and unenclosed
porticoes;
Space within a cellar, basement or in an attic where the vertical
distance between the floor and ceiling is less than five feet; and
Space exempted under § 381-37C, of this chapter.
The enclosed space above the highest full story of a building
and underneath the slope of a pitched roof which has or could have
a floor-to-ceiling height of 7.5 feet or more at any point, a length
or width of eight feet or more and a gross floor area of 100 square
feet or more, as measured within deemed knee walls five feet in height,
and a gross floor area measuring less than 50% of the area of the
floor immediately beneath, as measured within deemed knee walls of
five feet in height. Any enclosed space with a gross floor area measuring
50% or more of the area of the floor immediately beneath shall be
considered a full story. For the purposes of determining gross floor
area, all floor area within dormers shall be included.
The average of the vertical distances measured at the corners
of a building and the midpoints of the facades of the building, with
each vertical distance measured as follows:
From either the preexisting or proposed grade,
whichever is lower.
To the highest point of the roof in the case
of a flat, curved, or shed roof, to the deck level of a mansard roof,
and the average distance between the eaves and the ridge for gable,
hip, or gambrel roofs. In identifying the highest point of a roof
or calculating the average distance between the eaves and the ridge,
chimneys, antennas, turrets, steeples, and widow's walks shall be
excluded, provided that they do not exceed the highest point of the
roof by more than six feet and do not represent more than 3% of the
total roof area.
Any business or professional office conducted entirely within
a dwelling and carried on only by the residents thereof, which use
is clearly incidental and secondary to the use of the dwelling for
dwelling purposes, does not change the character thereof, does not
have any exterior evidence of such secondary use, other than a permitted
nameplate, and does not involve merchandising, trade, commercial repair,
manufacturing or processing.
A portable or permanent pool, container or structure primarily
designed for therapeutic use or relaxation, which is normally not
drained, cleaned or refilled for each individual. It may include,
but is not limited to, hydrojet circulation, hot water, cold water,
mineral bath, air induction, bubbles or any combination thereof. A
hot tub, jacuzzi or spa shall have a maximum water depth of four feet
at any point and may be equipped with aquatic seats within its perimeter
and shall be 80 square feet or less. A hot tub, jacuzzi or spa shall
not be used for swimming or diving.
[Added 6-19-2023 by L.L. No. 7-2023]
A building providing lodging and meals primarily for transient
paying guests.
A building or group of buildings that is intended for the
conducting of organized religious services and accessory uses associated
therewith.
Any lot other than a corner lot or through lot.
Areas containing trees, shrubs and ground covers, pedestrian
and recreation areas, ponds, streams and any other areas or features
which can be reasonably included, but not including areas occupied
by buildings or structures, paving for parking, loading or access,
or areas utilized for outside storage.
Lawns, trees, plants and other natural materials such as
rock and wood chips, and decorative features, including, without limitation,
sculpture, patterned walks, fountains and pools.
A designated parcel of land established by an approved plat
or otherwise permitted by law and occupied, or to be occupied, by
a principal building or use and the accessory buildings or accessory
uses customarily incident thereto.
An area of land which is determined by the limits of the
lot lines bounding the area expressed in terms of square feet, as
shown on a certified survey. Any portion of a lot included in a public
or private street right-of-way shall not be included in calculating
"lot area."
That portion of the lot area covered by buildings, structures,
man-made materials, and paved surfaces, including but not limited
to buildings, streets, parking areas, driveways, walkways, patios,
pools, tennis or sports courts, and plazas.
[Added 11-21-2016 by L.L.
No. 12-2016]
A lot with the following configuration: a narrow portion
wide enough to accommodate a driveway or other access corridor and
extending from the street to an enlarged area at the rear of the lot,
with the enlarged area being wide and deep enough to accommodate a
permitted use or structure.
The boundary line of a parcel of land as shown on a certified
survey.
The lot line separating the front yard of a lot, as defined
herein, from the street right-of-way.
The lot line, which is generally opposite the front lot line,
that separates the rear yard of a lot, as defined herein, from the
adjacent lot or from the street right-of-way in the case of a through
lot. 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 line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
The property line or lines extending from the front lot line
to the rear lot line. For through lots, the property line or lines
not abutting a street.
Any lot line adjoining a street which is not a front lot
line or a rear lot line.
An interior lot which abuts two or more streets or which
abuts two or more streets that do not intersect at the boundaries
of the lot.
The horizontal distance between the side lot lines and measured
parallel to the front lot line or such distance measured as nearly
as possible to equal right angles with both side lines, whichever
is less.
Mechanical rock removal with the use of a mechanical hammer
or similar device, but excluding drilling or boring of holes, and
excluding the removal of man-made structures such as concrete steps
or driveways.
[Added 12-19-2016 by L.L.
No. 20-2016]
A building containing two or more dwelling units, occupied
or intended to be occupied by two or more families, each living independently
of each other and with their own sleeping, sanitary and cooking facilities.
A building containing two or more families where separation of the
units is provided by means of a wall, floor, door or other type of
screen or partition, or with a separate outside entrance or basement
access, shall be considered a multiple-family dwelling.
Any use of land, building or structure by the Village of
Larchmont or an agency thereof.
Any structure intended for swimming or recreational bathing,
whether permanently constructed or of the portable type, having a
depth of more than 18 inches (excluding portable "kiddie" pools of
less than 80 square feet), or an area of 80 square feet or greater,
that is erected on a private premises, not operated for profit or
charging admission, and is for the exclusive use of residents and
their guests, whether located indoors or outdoors, as an accessory
use to a residence.
[Added 6-19-2023 by L.L. No. 7-2023]
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance
of the Village of Larchmont, but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption,
revision or amendment. (See also "nonconforming structure" and "nonconforming
use.")
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision, or amendment of the Zoning
Ordinance of the Village of Larchmont, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment. (See also "nonconforming
lot" and "nonconforming use.")
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance of the Village of Larchmont,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
(See also "nonconforming structure" and "nonconforming use.")
Parking for a motor vehicle not located within a street right-of-way.
A house arranged as the abode of one family only and having
no wall in common with an adjacent house.
An open, unoccupied space, other than a yard, on the same
lot with the principal building, extending to a required front, side
or rear yard.
A person or entity who, alone or severally with others:
[Added 2-6-2023 by L.L. No. 2-2023]
Has legal or equitable title to any building or has care, charge,
or control of any building in any capacity including but not limited
to agent, executor, executrix, administrator, adminstratrix, trustee,
or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any building; or
Is an agent, trustee, receiver or other person appointed by
the courts and vested with possession or control of a building.
A space conforming to applicable standards of this chapter
for the parking of a motor vehicle.
Any area that is covered with any of the following materials
that forms a level surface for travel, the parking of vehicles, walking,
or the playing of sports: asphalt, concrete, brick; pavers; compacted
gravel, stone, or crushed rock; turf- or grass-block or plastic-block;
or similar materials, whether permeable or impermeable, pervious or
impervious, or porous.
[Added 11-21-2016 by L.L.
No. 12-2016]
A structure typically supported by columns extending from
land into or over the water.
A ridged roof of sloping surfaces inclined at angles of not
less than 23° nor more than 60° from horizontal, not including
a single-pitch roof.
A day nursery or any place where day care on a regular basis
is provided for three or more children, except where such care is
provided by parents or relatives within the second degree of kinship
to the parents of all such children.
The paved surface as defined in § 381-7 that is functionally accessible and adjacent to the pool edge. Impervious surfaces that are decorative and do not provide accessibility, such as landscape planters or knee walls shall not be considered part of the pool deck for the purpose of establishing setbacks.
[Added 6-19-2023 by L.L. No. 7-2023]
A structure attached to a building with a floor, roof and
structural supports and permanently, seasonally or temporarily enclosed
with solid materials such as glass or Lexan (a clear, durable, hard
plastic material) or a material similar to glass or Lexan. Screens,
curtains, or latticework made of wire mesh, cloth or paper, or similar
material shall not be considered solid for the purpose of this definition.
[Added 11-21-2016 by L.L.
No. 11-2016]
A building in which is conducted the principal use of the
lot on which it is located.
The primary or predominant use of any lot, structure or building.
A private, nonprofit school, approved by the Board of Regents
of the State of New York for the teaching of customary academic and
related subjects to children below college or university level.
A building for occupancy solely as offices by one or more
architects, dentists, engineers, physicians, lawyers or other licensed
professional uses similar in character.
A building containing three or more dwelling units and ground
floor nonresidential use that is designed, occupied and utilized in
a manner that results in a substantial enhancement to the Village's
business district and provides public amenities, which may include,
among others, public parking and/or other infrastructure improvements.
The requirement to provide public amenities can be satisfied by an
in kind contribution or fee in lieu to be set by the Village Board
during the special permit process, commensurate with the zoning density
benefits that are achieved.
[Added 2-25-2020 by L.L. No. 1-2020]
Any garage, the use of which is open to the public.
See "lot line, rear."
The open unoccupied space on the same lot with the principal building extending from the rear lot line to a line parallel thereto. On interior lots, the rear yard shall extend the full width of the lot to the side lot lines thereof, and, on corner lots, the rear yard shall extend from the side front yard, as defined herein, to the opposite side lot line. On one-family residential corner lots, the rear yard shall be considered that yard opposite the front yard, as defined herein. Yard depth shall be measured pursuant to § 381-32D.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven, designed primarily as a temporary
living accommodation for recreation, camping and travel use, including
but not limited to travel trailers, truck campers, camping trailers
and self-propelled motor homes, but excluding trailers as defined
herein.
A place where one or more individuals is actually living
at a specific point in time.
Any use in which one or more dwelling units or residences
are present.
A building, use of a building or portion thereof whose principal
business involves the sale, processing and/or packaging of food primarily
for off-premises consumption. The retail food establishment's business
may or may not involve pre-prepared or quickly prepared food that
is available from a counter-type or similar installation. Examples
of retail food establishments include ice cream parlors, bakeries,
grocery stores, bagel stores and delicatessens.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in a multifamily dwelling or hotel.
A house or building in which rooms are rented to paying guests
or roomers, except where such service is merely incidental to the
main use of the house or building as the residence of the family taking
the roomers and there is no display or advertising for roomers or
guests. No kitchen or food facilities are permitted in the room or
outside the rooms except in the main kitchen of the house, and no
meals may be furnished to the paying guests. The keeping of more than
two roomers shall be prima facie evidence that the house or building
is being used as a rooming house.
A device that consists of the following:
An antenna or dish antenna whose purpose is
to receive communication or other signals from orbiting satellites
and/or other sources;
A low-noise amplifier (LNA) or similar equipment
whose purpose is to magnify and transfer signals; and
Equipment to carry the signals into the interior
of the building.
Any place of education or instruction, other than a commercial
school, college, university, theological seminary, convent, monastery,
day-care center, children's day camp and religious retreat.
On a one-family residential corner lot, that yard which fronts on a street that has not been designated as the front yard. Yard depth shall be measured pursuant to § 381-32D.
See "lot line, side-front."
See "lot line, side."
The open unoccupied space on the same lot with the principal building extending from the side lot line to a line parallel thereto and extending from the front yard to the rear yard of the lot. On one-family residential corner lots, the side yard shall be considered that yard opposite the side-front yard, as defined herein. Yard depth shall be measured pursuant to § 381-32D.
A building, use of a building or a portion thereof whose
principal business involves preparation and sale of food for consumption
on the premises. Sit-down restaurants with takeout counters shall
be considered to be "takeout food establishments" for the purpose
of this chapter.
Documentation that complies with the requirements of Article VIIIA of this chapter,"Site Plan Approval.
[Amended 11-21-2016 by L.L. No. 7-2016]
Any earth, sand, clay, foam, gravel, humus, rock, or dirt,
without regard to the presence or absence therein of organic matter,
including any synthetic substance used as a substance or in conjunction
with soil.
[Added 12-19-2016 by L.L.
No. 19-2016]
A space in a building between the upper surface of a finished
floor that is entirely above ground and the upper surface of the finished
floor next above; if there is no floor next above, then the space
between such floor and the top of the roof or the top of the ceiling
beam, whichever is the lower. A space in a building where the finished
floor is partly or completely below ground shall be considered a story
if it meets the definition of a story pursuant to the New York State
Building Code.
See "first or ground story."
See "half story."
Includes a public street, road or highway or a private street,
road or way over which two or more dominant estates have the right-of-way.
A street right-of-way line abutting any lot.
That which is built or constructed whether on, below or above
land or water.
An establishment or use of an establishment or a portion
thereof whose principal business involves the sale of pre-prepared
or quickly prepared food that is available from a counter-type or
similar installation, either for consumption off or on premises. Examples
include establishments specializing in hamburgers, hot dogs, tacos,
pizza, Chinese and similar foods.
An uncovered platform or patio which is not attached to or
touching a building, is substantially at ground level, surfaced with
stone, flagstone or similar material, with or without retaining walls.
Any such platform with a roof shall be considered a porch. (See "deck.")
A day when a school is administering a state- or federally
mandated test, PSAT, SAT, ACT, final examination, or other similar
test, as long as the school or district posts on its website at the
beginning of each school year such dates and provides such information
at the beginning of the school year to the Village's Building Department.
[Added 12-19-2016 by L.L.
No. 20-2016]
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances
to the public.
See "lot, through."
A building containing two or more dwelling units wherein
each unit has its own front and rear access to the outside, no unit
is located over another unit, and each is separated from the other
by one or more common vertical walls.
A tract of land developed by construction of townhouse units
and attendant site improvements.
A structure that temporarily or permanently stands on wheels
and is capable of being towed or hauled by another vehicle.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
See "area variance."
See "use variance."
The horizontal dimension of such court where it abuts upon
a street or yard.
Any personal wireless service, as defined in the Telecommunications
Act of 1996, which includes commercial wireless telecommunications
services licensed by the Federal Communications Commission (FCC),
including cellular, personal communications services (PCS), specialized
mobile radio (ESMR), paging and similar services that currently exist
or that may be developed in the future.
A device used to transmit and/or receive wireless telecommunications,
as defined in the Telecommunications Act of 1996, including but not
limited to directional antennas such as panels and microwave dishes
and omnidirectional antennas such as whip antennas. This definition
is not intended to include standard home television antenna(s).
See "front yard."
See "side yard."
See "side-front yard."
A specifically delineated area as shown on the Zoning Map
of the Village of Larchmont within which uniform regulations and requirements
govern the use, placement, spacing and size of land and buildings.
[1]
Editor’s Note: The former definition of “gross
floor area of first story,” which immediately followed this
definition, was repealed 11-21-2016 by L.L. No. 11-2016.
