This chapter shall be known and may be cited as the "Zoning Law of the Village of New Paltz, New York."
This chapter is enacted pursuant to § 7-700 of the Village Law to achieve the purposes authorized by statute: to protect and promote public health, safety, morals, comfort, convenience, economy and the general welfare, and to protect aesthetic values.
This chapter regulates and restricts the location, construction, alteration, occupancy and use of buildings and structures and the use of land in the Village of New Paltz in the County of Ulster, divides the Village zoning districts for said purposes and provides for the administration and enforcement of provisions herein contained and fixes penalties for the violation thereof.
The regulations embodied in this chapter are deemed necessary to promote the general welfare and for the following additional purposes:
A. 
Promote orderly development. To promote and effectuate the orderly physical development of the Village of New Paltz in accordance with the Comprehensive Plan as it has been and may be amended, and other studies and findings.
B. 
Conserve and enhance property values. To encourage the most appropriate uses of land in the community in order to conserve and enhance property values.
C. 
Provide for adequate housing. To make provision for a growing residential population with a variety of needs while preserving the quality of existing stable residential neighborhoods.
D. 
Promote commerce. To protect and enhance the prosperity of the community's commercial areas by providing the opportunity for the suitable and appropriate location of various commercial uses.
E. 
Improve traffic circulation. To ease traffic congestion which impedes the successful functioning of the community without spoiling physical and visual amenities.
F. 
Regulate location and density of structures. To establish building lines and the location of building for residential, commercial, manufacturing or other uses within such lines to assure access of light, circulation of air and to facilitate fire control.
G. 
Prohibit incompatible uses. To prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.
H. 
Provide open spaces. To create a suitable system of open spaces and recreation areas, to protect and enhance existing wooded areas, scenic areas, and waterways.
I. 
Preserve and enhance aesthetic and historic values. To preserve and enhance the natural and man-made beauty of the community, to preserve its character of the community and to preserve local historic sites and buildings.
[Amended 3-12-1997 by L.L. No. 4-1997; by L.L. No. 10-1997; L.L. No. 26-1997; L.L. No. 14-1998; L.L. No. 4-2000; L.L. No. 6-2000; 9-6-2000 by L.L. No. 8-2000; 2-13-2002 by L.L. No. 4-2002; 6-26-2002 by L.L. No. 9-2002; 11-13-2002 by L.L. No. 17-2002; 4-23-2003 by L.L. No. 3-2003; 11-12-2008 by L.L. No. 11-2008]
A. 
Generally. Words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used"; and the word "shall" is mandatory and not optional.
B. 
Specific words. Unless the context or subject matter otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:
ACCESSORY USE, STRUCTURE OR BUILDING
A use, structure or building subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. In the case of an accessory structure or building, it shall be attached to the principal building or, if detached, located on the same premises.
AFFORDABLE RENTAL HOUSING
Housing which by virtue of federal, state, local or private subsidy is available for rent by low- and moderate-income individuals or families at rents which meet the rent requirements of the New York State or federal subsidy programs under which the units are to be developed or subsidized. Privately subsidized rental housing will be considered affordable housing if it meets the criteria set forth above and if the Village Fair Housing Officer certifies that it will be offered at rentals comparable to those charged under the relevant state or federal programs.
AGENCY BOARDING HOME
A family-type home certified by the New York State Department of Social Services for the care and maintenance of not more than six children, operated by an authorized agency, in quarters or premises owned, leased or otherwise under the control of such agency, except that such a home may provide care for more than six brothers and sisters of the same family.
AGRICULTURE
The cultivation of the soil for food products, tree crops or other useful or valuable growths of the field or garden; and also dairying and livestock raising.
ALTER
To move a structure from one location to another on the same lot or to change, rearrange or enlarge the structure or to make any change in the supporting members of a structure, including but not limited to bearing walls, retaining walls, columns, beams or girders.
APPLICANT
The person or entity that is submitting an application for development, or the successor to the same, being authorized to do so as the owner, contract vendee, or having represented her-, him- or itself as the authorized agent of owner or vendee for prosecuting such application.
[Added 4-29-2013 by L.L. No. 5-2013]
AREA, BUILDING
The total area of a lot covered by all buildings thereon, both principal and accessory, measured by the exterior dimensions of such buildings as viewed from above, but not including uncovered steps, courts and terraces.
ARTICULATION
An architectural demarcation consisting of an element such as a cornice line or entablature; a course of brick, stone or other material which projects or is differently colored or differently laid; or a change from an opaque surface to a void.
[Added 4-29-2013 by L.L. No. 5-2013]
ATTIC
That space of a building which is immediately below and wholly or partly within the roof framing. An attic with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
AUTOMOBILE or TRAILER SALES AREA
An open area for the display, sale or rental of new or used motor vehicles, including trucks and farm equipment, or trailers in operable condition and where no repair work is done.
BAR
An establishment, which is licensed by the New York State Liquor Authority under what is generally considered to be its standard "bar license," allowing on-premises consumption of liquor, wine and beer, and is primarily devoted to the serving and on-premises consumption of alcoholic beverages. Even if food is prepared or served on the premises, an establishment shall be deemed a bar where any bar area contains more than one seat for every five table seats, or where the bar remains open for two or more hours for alcohol consumption after the normal menu food service has closed, or allows seated patrons to acquire beverages except by waiter or waitress, or remains open later than midnight, or where at any time the establishment restricts entry to patrons 21 years or older.
[Amended 4-29-2013 by L.L. No. 5-2013]
BASEMENT
That space of a building which is partly below grade and has more than half its height, measured from floor to ceiling, above average established curb level or finished grade of the ground adjoining the building. A basement shall be counted as one story in determining the height of a building in stories.
BEAUTY SALON
A business primarily engaged in furnishing beauty or hairdressing services and includes such businesses as barber shops, nail services and tanning parlors.
BED-AND-BREAKFAST (also known as "tourist home")
An owner-occupied residence used to provide lodging accommodations and a morning meal to visitors for compensation, provided that the owner lives on the premises and not more than nine bedrooms are so used. The maximum length of stay for an individual guest shall be 14 nights.
[Amended 4-29-2013 by L.L. No. 5-2013]
BEDROOM
Any room within a dwelling unit of sufficient area to be used as a sleeping room in compliance with § 129-18B of the Municipal Code and providing adequate privacy to be used as a sleeping room in compliance with § 129-20D(2) of the Municipal Code.
BILLBOARD
See definition of "sign."
BLOCK FRONTAGE
The distance in feet of the front lot lines of all lots, including corner lots, on one side of a street between the right-of-way lines of intersecting streets.
BUFFER
An open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed to visibly and physically separate one use from another or to shield or block noise, lights or other nuisances. Paved areas or areas used for parking or aboveground structures (except for berms, walls and fences) are not considered buffers. A buffer requirement is in addition to all yard and setback requirements and is measured at right angles to and inward from the yard line.
[Added 4-29-2013 by L.L. No. 5-2013]
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy, as well as the following:
[Amended 4-29-2013 by L.L. No. 5-2013]
(1) 
Masonry or rock walls projecting above the ground and not more than 3.0 feet at the higher ground level and not more than 6.5 feet at the lower ground level. Retaining walls are excluded.
(2) 
Porches, decks, outdoor bins and other similar structures.
BUILDING AREA
The maximum horizontal cross section of a building, including porches, articulations, balconies and raised platforms, but excluding cornices, roof overhangs, gutters or chimneys projecting not more than three feet, and steps and terraces not more than three feet above the average adjacent ground elevation.
[Added 4-29-2013 by L.L. No. 5-2013]
BUILDING COVERAGE
That percentage of the land area covered by the combined building area of all buildings, excluding any building or structure located completely below ground.
[Added 4-29-2013 by L.L. No. 5-2013]
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING FACE AREA
In relation to a commercial unit means the area of the building face as measured by the height and width of the premises occupied by such commercial unit.
BUILDING GROUP
A group of two or more principal buildings, and any buildings accessory thereto, occupying a lot in one ownership and having any yard in common.
BUILDING HEIGHT
The vertical distance measured from the mean level of the ground surrounding the building to the highest point of the roof.
BUILDING INSPECTOR
The Building Inspector of the Village or his or her designee. Any reference to the Building Inspector in this chapter shall be gender neutral, and shall also be deemed to include and refer to the Director of Code Enforcement or Code Enforcement Officer, if any. If no one should hold or there shall not have been established the position of Director of Code Enforcement or Code Enforcement Officer, then the Building Inspector shall be deemed to be authorized to act in such capacity.
[Added 4-29-2013 by L.L. No. 5-2013]
BUILDING LINE
A line established by law, rule or regulation beyond which no part of a building, other than parts expressly permitted, shall extend.
BUILDING, MIXED-USE
A building containing residential and nonresidential uses on the same or separate floors and located in a zoning district permitting such uses.
[Amended 4-29-2013 by L.L. No. 5-2013]
BUILDING OR STRUCTURE, TEMPORARY
A building or structure intended to exist on a lot for a brief or temporary duration of time, not exceeding nine months. All other buildings or structures shall be deemed permanent.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated. In any residential district any dwelling shall be deemed to be a principal building on the lot on which the same is located.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.
BULK
A term used to describe the size, volume, area and shape of buildings and structures, and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building; and all open space required in connection with a building, other structure or tract of land.
CELLAR
That space of a building that is partly or entirely below grade, which has more than half its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. A cellar shall not be counted in determining the permissible number of stories.
CLUB (including NON-PROFIT CLUB, LODGE OR FRATERNAL ORGANIZATION)
A voluntary organization, with facilities serving principally its members and their guests for recreational or social purposes.
[Amended 4-29-2013 by L.L. No. 5-2013]
COMMERCIAL GROUP
Two or more retail establishments of offices totaling at least 5,000 square feet of gross floor area and sharing certain facilities such as parking, public utilities and open space.
COMMERCIAL VEHICLE
A vehicle of more than one-ton capacity used for the transportation of persons or goods primarily for gain or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.
COMMUNITY POLE
See definition of "sign."
COMPREHENSIVE PLAN
A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Village Board and, if applicable, a single comprehensive plan adopted by the Board of Trustees pursuant to § 722 of the Village Law which indicates the general locations recommended for the various functional classes of public works, places and structures and the general physical development of the Village and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
[Amended 4-29-2013 by L.L. No. 5-2013]
COUNTRY CLUB
A private organization with facilities for arranging, preparing and catering events on site, offering on-site recreational, sporting, athletic or social activities in facilities also on site, principally to members and their guests for recreational, sporting, athletic or social purposes.
[Added 4-29-2013 by L.L. No. 5-2013]
COURT
Any open, unoccupied area which is bounded by three or more attached building walls.
CULTURAL FACILITIES
Libraries, art museums, art galleries, theaters and performing arts facilities.
DRIVEWAY
A means of access for vehicles to or from a residential property to a roadway, or to or from a commercial or retail parking lot to a roadway.
[Added 4-29-2013 by L.L. No. 5-2013]
DRUGSTORE OR PHARMAEUTICAL/PHARMACY
A retail store containing a licensed pharmacy for the dispensation of pharmaceutical prescription drugs.
[Added 4-29-2013 by L.L. No. 5-2013]
DUMPSTER
Any trash receptacle which must be mechanically lifted to be emptied.
DWELLING
Any building or portion thereof designed or used primarily as the residence or sleeping place of one or more persons. A dwelling is not a mobile home, a hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boardinghouse or similar structure under the terms of this chapter.
(1) 
DWELLING, SINGLE-FAMILYA detached building designed for or occupied by one family and containing not more than one dwelling unit.
(2) 
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors that are unpierced except for access to the outside or to a common cellar.
(3) 
DWELLING, MULTIFAMILYA structure containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
(4) 
DWELLING, CONGREGATEHousing where each resident has an individual, usually private, housing unit which contains a sitting space, kitchen and bathroom, in addition to a bedroom. A resident may share a common kitchen, dining room and living room with one or more residents. In congregate housing developments, services provided may include, but not be limited to, central food service, social service and referral consultation, housekeeping assistance and central laundry.
(5) 
DWELLING, SENIORA dwelling unit in a senior citizen development designed as housing for older persons, as defined in the Federal Fair Housing Act.
(6) 
DWELLING, TOWNHOUSEA one-family dwelling in a series of attached one-family dwellings, each of whose common walls is an unpierced fire wall extending from the basement to the roof; and each dwelling having its own access to the outside.
[Amended 4-29-2013 by L.L. No. 5-2013]
DWELLING UNIT
A single unit providing complete, independent living facilities for one family, including provisions for living, sleeping, eating, cooking (including all types of cooking appliances) and sanitation. All rooms in a unit must have an internal structural connection such as internal doorways or internal stairs. A house trailer, boardinghouse or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar homes or other similar structures shall not be deemed to constitute a dwelling unit.
[Amended 4-29-2013 by L.L. No. 5-2013]
EDUCATIONAL USE
Public and private schools that provide state-mandated primary and secondary generalized education; and not schools for specialized activities, such as dance, music, martial arts, business and technical skills. Uses are divided into two subgroups:
[Amended 4-29-2013 by L.L. No. 5-2013]
(1) 
Elementary or secondary. Private schools at the primary, elementary, junior high or high school level that provide state-mandated basic education.
(2) 
Higher learning. Colleges, universities and professional schools granting academic degrees and requiring at least a high school diploma or equivalent general academic training for admission. Junior colleges and technical institutes requiring at least a high school diploma or equivalent general academic training for admission and granting associate academic degrees, certificates or diplomas. These uses tend to be in campus-like settings or on multiple blocks.
ENTERTAINMENT AND RECREATION USES
Commercial facilities used primarily for physical exercise, recreation or cultural activities. Uses are divided into two subgroups based on indoor or outdoor operations:
[Added 4-29-2013 by L.L. No. 5-2013]
(1) 
Indoor. Recreation facilities operated within a building as a business for profit, whether open to the general public or as a limited membership. Indoor uses in this category may require larger indoor areas to accommodate equipment or facilities for the proposed commercial entertainment or recreational activity. Examples include: physical fitness centers; health clubs; racquet sports courts; gyms; bowling alleys; indoor skating rinks; billiard halls; amusement arcades; indoor play parks; indoor theaters; performing arts centers; music halls; museums.
(2) 
Outdoor. Outdoor uses in this category are typically land-intensive uses that provide continuous recreation or entertainment-oriented commercial activities. They may take place in a number of structures that are arranged together in an outdoor setting. Examples include: commercially operated tennis and swimming facilities; golf driving ranges; outdoor miniature golf facilities; and active sports facilities such as batting cages.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other government agencies or for the public health or safety or general welfare. Essential services shall include fire houses, first aid and emergency aid squads and CATV, whether provided by a municipal or private agency.
EXCAVATING
Any activity which intentionally removes or disturbs rock, gravel, sand, soil or other natural deposits in order to create a ditch, hole or hollow, or otherwise lower the level of all or a portion of a lot, site parcel or other area of land.
[Added 6-10-2009 by L.L. No. 5-2009]
EXIT
A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
EXTERIOR ARCHITECTURAL FEATURE
The architectural style and general arrangement of such of the exterior of a structure as is designed to be opened to view from a public way, including kind, color and texture of building materials, type of all windows, doors, lights, signs and other fixtures appurtenant to such portion.
[Added 4-29-2013 by L.L. No. 5-2013]
FACADE
One side of the exterior of a building.
[Added 4-29-2013 by L.L. No. 5-2013]
FAMILY
One person, or two or more persons related by blood, marriage or adoption, or not more than three persons not necessarily related by blood, marriage or adoption, who live together in a single dwelling unit and maintain a common household. In the event of any conflict between this definition and the definition of "family" as it may from time to time be established by New York State statutory or case law, New York State law shall prevail.
[Amended 4-29-2013 by L.L. No. 5-2013]
FAMILY-TYPE HOME FOR ADULTS
Family-type housing certified by the New York State Department of Social Services which provides temporary or long-term residential care and services, including room, board, housekeeping, personal care and supervision, to adults unrelated to the operator, who are substantially unable to live independently, but who do not require continual medical or nursing care.
FENCE
Any partition or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the lot area consisting of posts or stakes joined together by materials such as but not limited to boards, rails, netting or mesh. No fence in any residential district shall include barbed or chicken wire.
[Added 4-29-2013 by L.L. No. 5-2013]
FILLING
Any activity which intentionally deposits natural or artificial material so as to modify the surface or subsurface conditions of all or a portion of a lot, site, parcel or other area of land, lakes, ponds or watercourses.
[Added 6-10-2009 by L.L. No. 5-2009]
FINISHED GRADE
The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of buildings and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building, except that this average shall not exceed 1/2 of the floor or ceiling height of the first floor.
FLAG LOT
A lot that contains two distinct parts:
[Added 4-29-2013 by L.L. No. 5-2013]
(1) 
The flag, which is the only building site and is located behind another lot; and
(2) 
The pole, which connects the flag to the street and provides the only street frontage for the lot and at any point is less than the minimum lot width for the zone.
FLOOR AREA
The aggregate sum of the gross horizontal areas of the several floors of the buildings, measured from the exterior walls or from the center lines of walls separating two buildings.
[Amended 4-29-2013 by L.L. No. 5-2013]
(1) 
In particular, the floor area of a building or buildings shall include:
(a) 
Finished basement space or, whether finished or unfinished, providing structural headroom of seven feet six inches or more.
(b) 
Elevator shafts and stairwells at each floor.
(c) 
Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.
(d) 
Penthouses.
(e) 
Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet six inches or more.
(f) 
Interior balconies and mezzanines.
(g) 
Enclosed porches.
(h) 
Accessory uses, not including space for accessory off-street parking.
(2) 
However, the floor area of a building shall not include:
(a) 
Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
(b) 
Elevator and stair bulkheads, accessory water tanks, and cooling towers.
(c) 
Floor space used for mechanical equipment providing structural headroom of less than seven feet six inches.
(d) 
Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.
(e) 
Uncovered steps; exterior fire escapes.
(f) 
Terraces, breezeways, open porches and outside balconies and open spaces.
(g) 
Accessory off-street parking spaces.
(h) 
Accessory off-street loading berths.
FLOOR AREA RATIO (FAR)
The ratio of the habitable area of a building to the area of the lot on which the building is located.
[Added 4-29-2013 by L.L. No. 5-2013]
FRATERNAL ORGANIZATION
See definition of "club."
[Added 4-29-2013 by L.L. No. 5-2013]
FRONTAGE
The horizontal distance measured along the full length of a street line abutting the lot.
[Added 4-29-2013 by L.L. No. 5-2013]
FUNERAL HOME
A building used and occupied by a professional mortician for burial preparation and funeral services.
FURNITURE STORE
An establishment primarily engaged in the retail sale of household and office furniture. Such establishment may also sell home furnishings and wall coverings.
GARAGE, PRIVATE
A detached or attached structure used only for the storage of vehicles owned or rented by the occupant of the principal structure or by his family.
GARAGE, PUBLIC
Any garage other than a private garage which is open to the public and used for the storage of motor vehicles.
GASOLINE FILLING STATION
An area of land, including structures thereon, or any building or part thereof that is used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing (which does not require mechanical equipment) or otherwise servicing motor vehicles, but not including auto body work, welding or painting.
GOLF COURSE OR GOLF CLUB
Whether public or private, non-profit or for profit, an organization offering members or patrons golfing and accessory recreational opportunities. A golf course or club may also be a country club.
[Added 4-29-2013 by L.L. No. 5-2013]
GRADE
The finished ground level adjoining the building or structure at all exterior walls.
[Added 4-29-2013 by L.L. No. 5-2013]
GRADE PLANE
A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
[Added 4-29-2013 by L.L. No. 5-2013]
GRADING
The alteration of surface or subsurface conditions of a portion of a lot, site, parcel or other area of land, lakes, ponds or watercourses by excavation or filling.
[Added 6-10-2009 by L.L. No. 5-2009]
GROCERY STORE
A store, commonly known as a "supermarket," "food store," or "delicatessen," primarily engaged in the retail sale of all sorts of canned food and dry goods such as tea, coffee, spices, sugar, flour, fresh fruits and vegetables, fresh and prepared meats, fish, poultry, packaged dairy products, and specialized foods.
GROSS FLOOR AREA
[Added 4-29-2013 by L.L. No. 5-2013]
(1) 
For one- and two-family homes. The gross floor area shall include all floor areas of all habitable rooms of all buildings and structures on the site.
(2) 
For all other buildings and structures: The gross floor area shall mean the sum of the areas of horizontal sections through each story of all parts of the building devoted to residential or commercial use.
(3) 
In computing the gross floor area, the area of horizontal section shall be that area enclosed by the outside faces of all exterior walls. Further, the gross floor area shall not include the floor areas devoted to any accessory parking structures.
GROUND FLOOR
The lowest floor of a building having its entire floor-to-ceiling height above grade.
[Added 4-29-2013 by L.L. No. 5-2013]
HABITABLE AREA
A room or enclosed floor space arranged for living, eating, food preparation or sleeping purposes, not including bathrooms, foyers, hallways and other accessory floor space.
[Added 4-29-2013 by L.L. No. 5-2013]
HEIGHT (OF A STRUCTURE OR BUILDING)
The vertical distance measured from the grade plane to the highest point of the building or structure, excluding the chimney and rooftop appurtenances such as antennas, elevator penthouses, water towers or mechanical equipment.
[Added 4-29-2013 by L.L. No. 5-2013]
HOME, FACTORY MANUFACTURED
A dwelling unit built in an off-site factory which conforms to the applicable building codes and is erected on a permanent foundation.
[Amended 4-29-2013 by L.L. No. 5-2013]
HOME OCCUPATION
Any use customarily conducted entirely within the principal structure, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the principal structure and does not change the character thereof. The foregoing applies also to professions and trades.
HOSPITAL
An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons that is licensed by state law to provide such services. Hospitals may include inpatient medical or surgical care for the sick or injured and related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Cafeterias, restaurants, florists, gift shops, pharmacies and other typical and subordinate uses may be permitted subject to the standards for accessory uses.
[Amended 4-29-2013 by L.L. No. 5-2013]
HOSTEL
A place of transient lodging for recreational and educational travelers which provides dormitory-style sleeping accommodations and common communal areas, including a kitchen for use by guests.
HOTEL
A facility offering 10 or more rooms for lodging accommodations for compensation to the general public and which may also provide additional services, such as meeting rooms, entertainment and recreational facilities, all for the use of customers residing at the inn and their guests only, and wherein all rooms are connected to interior hallways and thereby to interior elevators, lobbies and/or stairways, through which access to the exterior is gained. Motels and motor courts are not included in this definition and are prohibited in all zoning districts.
[Amended 4-29-2013 by L.L. No. 5-2013]
HOUSE OF WORSHIP
A use that provides meeting space and facilities for religious institutions. Examples include churches, temples, synagogues and mosques. Such a use typically restricts access to the general public and owns, leases or holds property in common for the benefit of its members.
[Added 4-29-2013 by L.L. No. 5-2013]
IMPERVIOUS COVERAGE
That percentage of the land area covered by impervious surfaces.
[Added 4-29-2013 by L.L. No. 5-2013]
IMPERVIOUS SURFACE
Those surfaces, improvements and structures that cannot effectively infiltrate snow melt and stormwater into the ground, including but not limited to parking areas, driveways, streets, sidewalks, areas of concrete, asphalt, gravel or other compacted aggregate, swimming pools, and areas covered by the outdoor storage of goods or materials which do not absorb water.
[Added 4-29-2013 by L.L. No. 5-2013]
INSTRUCTIONAL USE
Specialized schools. Schools primarily engaged in offering specialized trade, business or commercial courses, but not academic training. Also specialized non-degree-granting schools, such as music schools, dramatic schools, dance studios, martial arts studios, language schools and other short-term examination preparatory schools. If a specialized school involves indoor or outdoor recreational facilities, these facilities shall be deemed second principal uses and shall only be permitted in accordance with the requirements for entertainment and recreation uses. An instructional use is to be distinguished from an educational use.
[Amended 4-29-2013 by L.L. No. 5-2013]
JUNKYARD
Junkyards shall consist of buildings, structures or premises where junk, wastes, discarded or salvage materials are brought, sold, exchanged, baled, packed, disassembled or handled, including automobile wrecking yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition. The deposit on a lot of two or more wrecked or inoperable vehicles or major parts thereof for a period in excess of three months shall be deemed to make the lot a junkyard.
LAUNDRY
[Added 4-29-2013 by L.L. No. 5-2013]
(1) 
SELF SERVEA laundromat facility providing washing and drying vending machines for patrons to do their own wash.
(2) 
DRY CLEANINGA business taking in articles of clothing from patrons to wash and return to patrons, and related services such as tailoring or shoe or clothing repair.
LIFE-CARE OR CONTINUING-CARE RETIREMENT COMMUNITY
An independent-living senior citizen development which includes enriched-housing and/or assisted-living and nursing-care facilities as accessory uses as such terms are defined in Article 46 of the Public Health Law of the State of New York.
LOADING SPACE
Any off-street space available for the loading or unloading of goods. Loading shall include unloading.
LOT
A measured portion, piece, parcel or division of land having fixed boundaries and designated on a plat or survey; one of several parcels into which a site or property is divided.
[Amended 6-10-2009 by L.L. No. 5-2009]
(1) 
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
(2) 
LOT, THROUGHA lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
(3) 
LOT, INTERIORAny lot not a corner lot.
LOT AREA
The total horizontal area included within the property lines of a lot.
[Amended 4-29-2013 by L.L. No. 5-2013]
LOT COVERAGE
That lot or percentage of lot area covered by buildings or impervious surfaces, except that in the case of a change of occupancy or use on a site which already exceeds the lot coverage limitation applicable to the site at the time of the change of use or occupancy, the new use or occupancy may continue, but not expand, its lot coverage on the same site.
[Amended 4-29-2013 by L.L. No. 5-2013]
LOT, DEPTH
The minimum distance from the street line of a lot to the rear lot line of such lot.
[Amended 4-29-2013 by L.L. No. 5-2013]
LOT LINES
The property lines bounding a lot, as herein defined.
(1) 
LOT LINE, FRONTThe dividing line between the lot and a street.
(2) 
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
(3) 
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT WIDTH
The distance between the two side lot lines measured at the required setback line.
MAJOR HOUSEHOLD APPLIANCE
A refrigerator, stove, household heating or cooling unit, or other appliance of similar bulk and function.
MIXED-USE DISTRICT
The NBR District.
[Added 10-28-2015 by L.L. No. 10-2015]
MOBILE HOME
Any vehicle or similar portable structure, having been constructed with wheels (whether or not such wheels have been removed), which has been designed to permit occupancy for dwelling or sleeping purposes. A factory manufactured home is not a mobile home, nor shall the definition of mobile home include construction trailers temporarily located at building sites to serve offices, headquarters and related nonresidential purposes.
MOTEL
A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate parking space, and is offered for rental and use primarily by motor vehicle travelers or transient guests. The term "motel" includes, but is not limited to, every type of similar establishment known variously as an "auto court," "motor inn," "motor lodge," "tourist court," "tourist cabins," "roadside hotel." Hotels or hostels are not to be construed as motels. Motels are prohibited uses in all districts, except as prior nonconforming uses.
[Amended 4-29-2013 by L.L. No. 5-2013]
MULTISTORY
A building or structure having more than one full floor above the average grade as determined pursuant to § 212-18B.
[Added 10-28-2015 by L.L. No. 10-2015]
MURAL
A picture or design painted on or otherwise affixed to and covering a portion of a wall surface. A mural shall not be considered as a sign if the mural is clearly separate from a sign, is primarily decorative and does not depict specific goods, services or activities offered for sale. A mural which includes trademarks, brand names, logos or which specifically illustrates commercial activities shall be counted as part of the sign for the premises on which it is located.
NONCONFORMING LOT
Any lot in single ownership where the owner of said lot does not own any adjoining property, the subdivision of which could create one or more conforming lots, which does not conform with the minimum area and/or dimensions required in the zoning district where such lot is situated or for any special use, as the case may be. In the case of a change of occupancy or use on a lot which is already nonconforming at the time of the change of use or occupancy, the new use or occupancy may continue, but not expand, its nonconformity.
[Amended 4-29-2013 by L.L. No. 5-2013]
NONCONFORMING STRUCTURE OR BUILDING
A structure or building which does not conform to the regulations of this chapter for the zoning district in which it is located. In the case of a change of occupancy or use for use of a structure or building which is already nonconforming at the time of the change of use or occupancy, the new use or occupancy may continue, but not expand, its nonconformity.
[Amended 4-29-2013 by L.L. No. 5-2013]
NONCONFORMING USE
A building, structure or premises legally existing and/or used at the time of adoption of this chapter, or any amendment hereto, and which does not conform with the use regulations of the zoning district in which it is located.
NONPROFIT CLUBS, LODGES AND FRATERNAL ORGANIZATIONS
Voluntary, not-for-profit organizations with facilities catering principally to members and their guests for recreational and social purposes.
NONRESIDENTIAL DISTRICT
Any district other than H, R-1, R-2, R-3 or NBR.
[Amended 10-28-2015 by L.L. No. 10-2015]
NUISANCE CHARACTERISTIC
Any noise which exceeds the limits prescribed in Chapter 143, Noise, of the Village of New Paltz Code, the generation of excessive or hazardous vehicular traffic, or excessive glare as may be determined by the Village Planning Board using accepted governmental criteria.
NURSERY SCHOOL
Any place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.
NURSING OR CONVALESCENT HOME
A proprietary or nonproprietary facility, licensed and regulated by the State of New York for the accommodation of two or more persons not related by blood or marriage who are aged, convalescents or other persons not acutely ill and not in need of hospital care and related medical services, which persons are boarded and/or housed for remuneration, and in which facility such nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to provide such care or services in accordance with the laws of the State of New York.
OCCUPANCY
The purpose for which a building or structure, or portion thereof, is utilized or occupied.
[Added 4-29-2013 by L.L. No. 5-2013]
OFFICES, GENERAL
A space within which business activities are conducted and services are performed.
[Amended 10-28-2015 by L.L. No. 10-2015]
OPEN AREA
An area of land that provides uninterrupted space for the purposes of view corridor preservation. Open area may include open space or green space, as well as parking or loading areas.
[Added 4-29-2013 by L.L. No. 5-2013]
OPEN SPACE
Areas of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment; or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may be improved with buildings of which not more than 25% of any building is roofed for shelter from the elements, or where it is roofed but not fully enclosed, such as picnic pavilions, or restroom facilities, and other improvements that are designed to be incidental to the natural openness of the land.
[Added 4-29-2013 by L.L. No. 5-2013]
OUTDOOR CAFE
A facility where tables and seating are provided outside the structure in which food and drink are stored and prepared for service to customers at these outdoor seating facilities. Such outdoor facilities shall be located and arranged in accordance with standards set forth in § 212-41J of this chapter, unless operated as an accessory to a retail or restaurant use.
[Amended 4-29-2013 by L.L. No. 5-2013]
OVERLAY DISTRICT
A zoning district establishing regulations which supersede less restrictive regulations of a base district.
[Added 4-29-2013 by L.L. No. 5-2013]
OWNER OCCUPIED
A dwelling that constitutes the owner's legal residence and primary place of occupancy, being the place where the owner physically resides for nine months of a given calendar year or for which the sole or principle use of the property is to serve as the owner's place of occupancy.
PARCEL
A tract, plot, part or portion of land; it may be synonymous with "lot."
[Added 6-10-2009 by L.L. No. 5-2009]
PARKING AREA
A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other considerations.
[Added 4-29-2013 by L.L. No. 5-2013]
PARKING LOT
An off-street, improved lot, or part thereof, used for the storage of motor vehicles, which contains space for patrons of the uses operated on the same lot or on a lot to which the spaces have been committed as parking.
[Added 4-29-2013 by L.L. No. 5-2013]
PARKING LOT, COMMERCIAL
An open area, other than a street or public way, used for parking of automobiles and available to the public for a fee.
PARKING SPACE
An off-street space available for the parking of one motor vehicle.
PARTY OR COMMON WALL
The wall created on the boundary of the two properties and which serves as a common structure between the two premises owned by different parties.
[Added 4-29-2013 by L.L. No. 5-2013]
PLANNED UNIT DEVELOPMENT
Two or more structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, and which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking needs.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
PREVAILING HEIGHT
That on any block frontage where at least 80% of that frontage is occupied by preexisting principal buildings and more than 80% of that occupied frontage consists of buildings whose individual heights vary no more than one story or 10 feet in height from the average height of all buildings on that block frontage, that average height shall be the prevailing height.
PREVAILING SETBACK
That on any block frontage where at least 80% of that frontage is occupied by buildings whose setback from the front lot line varies no more than five feet from the average setback of all buildings on that block frontage, that average front setback shall be the prevailing setback.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is located.
[Added 4-29-2013 by L.L. No. 5-2013]
PRINCIPAL FRONTAGE
Frontage of the lot adjacent to the principal street in the case of a corner lot. Where a corner lot faces two principal business streets, only one such frontage shall be considered as the principal frontage.
PROFESSIONAL OFFICE
An office for an occupation that a) requires advanced education, skill or training and b) requires a license or certification to practice the occupation by the State of New York.
[Added 10-28-2015 by L.L. No. 10-2015]
PUBLIC SPACE
Space within a residential building for public use, such as lobbies and lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms, and kitchens and swimming pools.
RECREATION, INDOOR COMMERCIAL
Recreation facilities operated within a building as a business for profit, whether open to the general public or as a limited membership, including billiard rooms, bowling alleys, tennis courts, skating rinks, discotheques, and similar uses.
RESEARCH FACILITY
A for-profit or nonprofit facility the primary function of which is research and development in the scientific, medical, engineering, or other practical or applied arts and sciences.
[Added 4-29-2013 by L.L. No. 5-2013]
RESIDENCE
A building, or any part of a building, which contains living or sleeping accommodations for permanent occupancy, including all one-family, two-family, multifamily, rooming, sorority and fraternity houses. Residences shall not include such accommodations for transients such as motels, and shall not include that part of a building containing both residential and nonresidential uses unless such nonresidential uses are customarily accessory to residential uses.
RESIDENT AGENT/MANAGER
A person, designated and appointed by the owner of a dwelling, for whom said dwelling shall constitute his or her legal residence and primary place of occupancy, and who shall be responsible for, including but not limited to, emergency situations, and the maintenance, repair and daily management of said dwelling in accordance with the Code of the Village of New Paltz and the laws of the State of New York. The resident agent/manager shall be at least 18 years of age at the time of appointment.
RESIDENT OWNER/MANAGER
The owner of a dwelling, for whom said dwelling constitutes his or her legal residence and their primary place of occupancy, being the place where the owner physically resides for the majority of a calendar year, and who shall be responsible for, including, but not limited to, emergency situations, and the maintenance, repair and daily management of said dwelling in accordance with the Code of the Village of New Paltz and the laws of the State of New York.
RESIDENTIAL CLUSTER DEVELOPMENT
The development of a tract of land as a single entity in accordance with a plan permitting residential housing units to be placed on individual lots of smaller area than specified in Schedule B, § 212-15 of the Code of the Village of New Paltz or grouped in multifamily dwellings on condition that compensating amounts of open space are provided within the same development so that the net density for that zoning district is not exceeded.
RESIDENTIAL DISTRICT
An H, R-1, R-2 or R-3 District.
RESIDENTIAL USE
A use for living or sleeping accommodations for permanent occupancy, including all one-family, two-family, multifamily, rooming, sorority and fraternity houses and customary accessory uses incidental thereto.
RESTAURANT
A business which is not a use otherwise specifically set forth in the definitions of "limited business retail," "core business retail" or "highway business retail" (under the definition of "retail use"), where food and/or drink are prepared and sold solely for consumption within the structure or on the site where it operates. Any use which packages food and/or drink for off-premises consumption or furnishes facilities (e.g., wastebaskets) for the convenience of customers who wish to consume their purchases on the premises but outside the structure, shall not be considered as meeting the above definition. The fact that a business may meet the definition of restaurant shall not preclude it from being deemed a bar if it also meets that definition, and if it may be defined as both, it must meet the standards of this Code which are more stringent as to each such use.
[Amended 4-29-2013 by L.L. No. 5-2013[1]]
RESTAURANT, FAST-FOOD
A business which is not a use otherwise specifically set forth in the definition of "limited business retail" or "core business retail" (under the definition of "retail use") meeting the definition of "restaurant" herein which also, or exclusively, serves food to customers by order from a fixed menu which displays the same items for sale every day and which items are dispensed over a counter or through a drive-up window in disposable containers.
[Amended 4-29-2013 by L.L. No. 5-2013]
RESTAURANT, TAKEOUT
A business which is not a use otherwise specifically set forth in the definition of "limited business retail" or "core business retail" meeting the definition of "restaurant" herein where food and/or drink are prepared and sold ready for consumption and where there are regular provisions for the packaging of food and/or drink for off-premises consumption but where no facilities are provided for consumption on the premises or outside the structure.
[Amended 4-29-2013 by L.L. No. 5-2013]
RETAIL BUSINESS OR SERVICE NOT SPECIFICALLY MENTIONED
Includes retail and personal service establishments such as appliance sales and service; banks; bakeries and food stores; barber shops and beauty parlors; book, card and stationery stores; candy and tobacco shops; dry goods and variety stores; florists and garden supplies; hardware stores; newspaper and periodical vendors; business and professional offices; package liquor stores; photographic supplies, services and equipment; shoe sales and repair services; tailors and dressmakers; and wearing apparel stores and similar uses. This definition shall not include such retail and personal service establishments as are otherwise specifically mentioned in the use table for any zoning district. It shall also not include such uses as may generate noise, traffic, fumes, glare or maintenance and storage problems different in kind or degree from the commonly experienced impact of the above-included uses and by virtue of which characteristics may be considered special permit uses.
RETAIL USE
Establishments involved in the sale, lease or rent of new or used products to the general public for personal or household consumption and establishments involved in the sale of personal services, hospitality services or product repair services to the general public. These include sales-oriented uses selling, leasing or renting consumer, home and business goods, personal-service-oriented uses providing services rather than products to the public, repair-oriented uses (expressly not including repair of motor vehicles or lawn, landscaping and garden equipment, small machines or similar intensive repair). Retail uses are divided into the following subgroups:
[Added 4-29-2013 by L.L. No. 5-2013]
(1) 
LIMITED BUSINESS RETAILAntique shops, boutique apparel shops, beauty and barber shops, arts and crafts, supplies, and art galleries, bicycle sales and repair, custom tailors and dressmakers, shoe repair, gift shops and stationers, photographic studios, bakeries, specialty food, outdoor cafe, restaurant, restaurant takeout, toy/hobby, computer service, music stores, florists, boutique jewelry, boutique clothing accessories, boutique home design and furnishings stores, boutique pet supplies (but no animals or animal services), confectioneries, newsstand, artisan workshops, bookstores, coffee shops and tea houses.
[Amended 7-8-2013 by L.L. No. 7-2013]
(2) 
CORE BUSINESS RETAILAll uses set forth in the "limited business" definition above, and electronic equipment, computer, and small appliance sales, pharmaceuticals and drugstores, plants, cultural facilities, glass, grocery, hardware, printing and photocopying services, travel agency, restaurant fast food, videos, laundry (self-serve) and laundry (dry cleaning), liquor stores, sporting goods supplies, catering services (but not country clubs, clubs or golf clubs).
(3) 
HIGHWAY BUSINESS RETAILAll uses set forth in the "core business" definition above, and major appliance sales and service, car wash, commercial group, educational use, equipment repair and rental, floor covering, wall covering, window treatment, fabric/yarn sales, furniture, garden and farm supply, gas filling stations, and lumberyards.
RETAINING WALL
A wall or portion thereof exceeding five feet in height built to support or prevent the advance of a mass of earth.
[Added 4-29-2013 by L.L. No. 5-2013]
RIDING ACADEMY
Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
ROOMING HOUSE
A dwelling unit occupied by a resident-owner, or agent thereof, and his family, and from whom four or more tenants rent sleeping space without provisions for meals.
[Amended 4-29-2013 by L.L. No. 5-2013]
SENIOR CITIZEN DEVELOPMENT
A building or group of buildings, whether detached or connected, containing at least 24 dwelling units per development that are intended and operated for use as senior citizen housing, with common areas in multifamily or congregate dwellings owned and managed by a single management entity, together with normal and customary ancillary facilities or services for use by older persons. Senior citizen developments may also include single-family or two-family dwellings intended as housing for persons who are 55 years of age or over.
SHARED SPACE USAGE
Two or more businesses or professional offices sharing an entry and utility services in common, each such business or office occupying a minimum of 300 square feet of gross floor area and separated from each other by fixed walls or barriers.
SHORT-TERM RENTAL
The use of a residential unit or dwelling of any kind, whether in whole or in part, as a lodging, for profit, for a period of less than 60 consecutive days.
[Added 12-11-2013 by L.L. No. 3-2014]
SIGN
Any structure or part thereof; or any device attached to a structure or painted or represented on a structure, which shall display or include any lettering, wording, model, drawing, picture, banner, flag, insignia, device, marking or representation used as, or which is in the nature of, an announcement, direction, statement or advertisement. "Sign" includes a billboard, neon tube, fluorescent tube or other artificial light or string of lights, outlining or hung upon any part of a building or lot for the purposes mentioned above, but a sign does not include the flag or insignia of any nation or of any governmental agency. As used in this chapter, "structure" shall not signify the building to which a structure bearing a sign is affixed.
(1) 
ACCESSORY SIGNA sign located on a premises which provides information such as "In," "Enter," "Out," "Exit," "Parking in Rear," "Crosswalk" or "Watch for Pedestrians."
(2) 
AREAThe area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations and lights, but excluding the supports if they are not used for advertising, announcement, statement or direction purposes. Each face of signs with two faces or more shall be used in determining the aggregate area. Any neon sign, string of lights or similar device shall be deemed to have minimum dimensions of one square foot. For a sign painted or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background of a color different from the natural color or finish material of the building. For signs consisting of individual letters or symbols attached to or painted on a surface, building wall or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all the letters and symbols. In computing face area of exempt signs under § 212-25C, the aggregate face area of any commercial or other signs on the premises for which a permit is required under § 212-25 shall not be included. In computing face area of signs for which a permit is required under § 212-25, the aggregate face area of any exempt sign(s) under § 212-25C on the premises shall not be included.
(3) 
BANNERA piece of cloth, plastic or similar pliable material attached at one or more points to a pole, staff or other support.
(4) 
BENCH SIGNAny sign painted on or otherwise attached to a bench or other seat meant to be seen by the public, except a plaque no larger than one square foot in memoriam or commemorating a contribution made by or to a religious or civic organization.
(5) 
BILLBOARDAn outdoor sign identifying or advertising a business, person, activity, goods, products, services or facilities or entertainment which is conducted, sold or offered at a location separate from the premises where the sign is installed. A billboard does not include a "directional sign," as defined herein.
(6) 
BULLETIN BOARDA structure designed for posting notices temporarily by using tacks or staples.
(7) 
BUSINESS SIGNA sign which directs attention to a permitted business or profession conducted on the premises on which the sign is located.
(8) 
COMMERCIAL COPYCopy on a sign which advertises or refers to products or services with economic motivation and/or that encourages a commercial transaction.
(9) 
COMMERCIAL SIGNA sign that contains commercial copy.
(10) 
COMMUNITY POLEA sign owned and maintained by the Board of Trustees or an individual or group and approved by the Planning Board and which sign contains one or more directional signs for the purpose of directing persons to public or semipublic buildings or sites or other places of public interest within the Village.
(11) 
DIRECTIONAL SIGNA sign which directs attention to a business, a service or entertainment conducted, sold, or offered elsewhere than on the premises, and that is permitted only if a significant need can be demonstrated (such as an isolated establishment located on a side street and not visible from a main thoroughfare). Directional signs shall be no more than three square feet and shall contain only the name of the establishment or the type of business and an arrow indicating its location. Sign area will be deducted from the aggregate area allowed for that business.
(12) 
DIRECTORY SIGNA listing of two or more business enterprises for identification or advertising purposes.
(13) 
FREESTANDING SIGNA sign not attached to or part of any building or screening surface but permanently affixed, by any other means, to the ground, including pole, post and arm, ladder and monument signs.
(14) 
LIGHTED SIGNAny sign designed to give forth or to reflect artificial light.
(a) 
EXTERNALLY ILLUMINATEDA sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
(b) 
INTERNALLY ILLUMINATEDA sign illuminated by use of an artificial light which is located within the sign structure and which depends for its illumination on transparent or translucent material.
(c) 
NEON SIGNA sign created by glass tubing incorporating ionic or other discharge of gas.
(15) 
MOBILE SIGNA sign which is designed to be readily moved or which is attached to a structure which is capable of being readily moved, such as but not limited to a sign with wheels or attached to a structure with wheels.
(16) 
NONCOMMERCIAL SIGNA sign that contains copy other than commercial copy.
(17) 
REPRESENTATIONAL SIGNAny three-dimensional sign which is built so as to physically represent the object advertised.
(18) 
ROOF SIGNA sign erected on a roof or extending in height above the bottom edge of the roofline of the building on which the sign is erected.
(19) 
SANDWICH BOARDA sign which is designed to be freestanding and self-supporting based on an inverted V-shaped design. A sandwich board may contain a message on one or both sides.
(20) 
TEMPORARY SIGNA sign which is not permanently mounted and which is designed to advertise, announce or promote a dated event, that is, a particular event or series of events (such as but not limited to an entertainment event, a sporting event, an election, a sale) being held on a particular date or dates.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether by sole, joint, common or other ownership, or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.
SITE
Place(s), location(s) or piece(s) of property set aside for a specific use, identified or described on a site plan, or developed in accordance with an approved site plan.
[Added 6-10-2009 by L.L. No. 5-2009]
SITE PLAN
A development plan of one or more lots on which the existing and proposed conditions of the lot and the structures thereon are shown in accordance with the requirements of § 212-23 of this chapter of the Village Code, as same may be modified by the Planning Board.
[Amended 4-29-2013 by L.L. No. 5-2013]
SLEEPING UNIT/SPACE
A space meeting the criteria set forth in § 129-20 of the Village Code, which is occupied or intended to be occupied for sleeping.
SLOPE
The deviation of a surface from the horizontal, measured as the vertical distance (rise) divided by the horizontal distance (run), and expressed in percent or degrees.
[Added 4-29-2013 by L.L. No. 5-2013]
SORORITY OR FRATERNITY HOUSE
A rooming house, with or without provision for general meals, which is open only to students of a college or university, is owned and/or operated under the auspices of a sorority or fraternity officially recognized by a college or university, and which is under the supervision of a resident manager.
SPECIAL PERMIT USE
A use which, because of its unique characteristics, requires individual consideration in each case. For purposes of this chapter, a special permit use is one so designated in the use schedules of Article III of this chapter.
STORAGE FACILITY
Facilities that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.
[Added 4-29-2013 by L.L. No. 5-2013]
STORY
That portion of a building which is between one floor level and the next higher floor level or the roof.
STORY, HALF
That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
STREET
Includes a highway, road, avenue or alley which the public has a right to and is Village-dedicated or which has been approved as a private street by the Village Board or the Planning Board in connection with a duly submitted and approved plan, or that is a federal, state or county highway or street.
[Amended 4-29-2013 by L.L. No. 5-2013]
STREET WIDTH
The width of the right-of-way or the distances between property lines on opposite sides of a street.
STRUCTURE
Anything constructed or erected, the use of which requires location on or under the ground or attachment to something having location on the ground. "Structure" includes a building.
SUBDIVISION
The division of land into two or more lots, plots, blocks, or sites with or without streets or highways, for the purpose of offering such lots, plots, blocks, or sites for sale, transfer of ownership, or development, or any other reason. The term “subdivision” shall include any alteration of lot lines or dimensions of any lots, plots, blocks, or sites shown on a plat previously approved and filed in the office of the County Clerk or previously established by deed transfer, with or without subdivision approval.
[Added 4-29-2013 by L.L. No. 5-2013; amended 7-16-2016 by L.L. No. 3-2016]
TERRACE
An uncovered flat platform of earth or other natural material with or without a surface material or retaining walls. Any such platform with a roof or awning shall be considered a porch.
TRANSPORTATION USE
A depot, terminal or station where passengers are picked up and deposited by duly licensed vehicles and which also may provide customary accessory uses, including customer parking and automobile rental.
USE
The specific purpose for which land or a building is designed, arranged, 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.
YARD
An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
(1) 
FRONT YARDAn open space extending the full width of the lot between the front lot line and the building setback line, unoccupied and unobstructed from the ground upward.
(2) 
REAR YARDAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
(3) 
SIDE YARDAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
[1]
Editor's Note: This local law also repealed the former definition of "restaurant, drive-in," which immediately followed this definition.