A.
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings herein indicated.
Words used in the present tense include the future; the singular number
includes the plural, and the plural includes the singular; the word
"person" includes a corporation as well as an individual; the word
"lot" includes the words "plot," "sites" and "premises." The term
"occupied" or "used," as applied to any building, shall be construed
as though followed by the words "or intended, arranged or designed
to be occupied or used." Where no specific definition is given herein,
the definitions of the New York State Uniform Fire Prevention and
Building Code shall be accepted where applicable.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
B.
ALTER
AREA, BUILDING
AREA MEDIAN INCOME (AMI)
ATTIC
BASEMENT
BEER
BIOPHILIC DESIGN ELEMENTS
BUILDING
BUILDING, ACCESSORY
BUILDING, MAIN
CABANA
CANOPY
CAR SERVICE
CELLAR
CIDER
CLUB, MEMBERSHIP
COVERAGE
COVERAGE, BUILDING
COVERAGE, BUILDING AND IMPERVIOUS SURFACES
CURB LEVEL
DELICATESSEN
DWELLING
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAIR AND AFFORDABLE HOUSING FAMILY (FAHF)
FAIR AND AFFORDABLE HOUSING UNIT (FAHU)
FAIR AND AFFORDABLE RESIDENCE
FAIR AND DEEPLY AFFORDABLE HOUSING FAMILY (FDAHF)
FAIR AND DEEPLY AFFORDABLE HOUSING UNIT (FDAHU)
FAMILY
FAMILY DAY-CARE HOME
FLOOR AREA, GROSS
(1)
(2)
(3)
(4)
FLOOR AREA, HABITABLE
FLOOR AREA RATIO
FOOD SERVICE ESTABLISHMENT
FRONTAGE
GARAGE, PRIVATE
GRADE, FINISHED
GREEN BUILDING ELEMENTS
GREEN INFRASTRUCTURE
GREEN ROOF
GROCERY STORE, FULL-SERVICE
GROUND FLOOR
GROUP FAMILY DAY-CARE HOME
HEIGHT, BUILDING
HOME IMPROVEMENT DESIGN CENTER
IMPERVIOUS SURFACE
INDOOR RECREATION FACILITY
IN-LIEU FEE
LIQUOR
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT LINE, FRONT
LOT LINE, REAR
LOT LINES
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
MARKET-RATE HOUSING UNIT
MASSAGE ESTABLISHMENT
MEAN CURB LEVEL
MICROBREWERY
MICROCIDERY
MICRODISTILLERY
MICROWINERY
MIXED-USE DEVELOPMENT
MOTEL (HOTEL)
MOTOR VEHICLE FILLING/SERVICE STATION
MOTOR VEHICLE REPAIR/BODY SHOP
NANOBREWERY
NEIGHBORHOOD STABILIZATION FUND
NONCONFORMING USE
NURSERY SCHOOL
NURSING HOME
OFFICE BUILDING
PARKING AREA
PARKING SPACE
PLACE OF PUBLIC ASSEMBLY
PLANNED RESIDENTIAL DEVELOPMENT
PLAYGROUNDS, CHILDREN'S
PORCH
PUBLIC GARAGE
RESIDENCE, EMPLOYEE
RESIDENCE, SEASONAL
RESTAURANT
RESTAURANT, BREWPUB
RESTAURANT, CARRY-OUT
RESTAURANT, FAST-FOOD
SCHOOL, PRIVATE
SCHOOL, PUBLIC
SITE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
TASTING ROOM
TIERS
TRAILER
USABLE OPEN SPACE
USE, ACCESSORY
VEGETATION
VILLAGE BOARD
VILLAGE LAW
WATER-DEPENDENT USES
WINE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall
have the meanings indicated:
To change or rearrange the existing facilities of a structure
or any of the supporting members of a structure, including but not
limited to bearing walls, retaining walls, columns, beams or girders.
Total of areas taken on a horizontal plane at the main grade
level of principal buildings and all accessory buildings, exclusive
of uncovered porches, parapets, steps and terraces.
The area median income for Westchester County, as defined
and periodically updated by the United States Department of Housing
and Urban Development in accordance with the exception criteria applicable
to Westchester County.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
The area between the top of the ceiling joists of any story
and the roof rafters.
[Added 5-12-2008 by 5-2008,
effective 5-15-2008]
That space of a building that is partly below grade but which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
A fermented beverage of any name or description manufactured
from malt, wholly or in part, or from any substitute therefor.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
Exterior design elements that incorporate natural systems
into building design and building systems. Biophilic design elements
include biomimicry, habitat creation, and the creation of natural
landscapes. Examples include green walls, green roofs, and pollinator
sanctuaries. Biophilic design is intended to embrace abundant biodiversity,
improve health and well-being, improve the natural environment, create
nature-based resiliency, and create a symbiotic built environment.
[Added 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of "building" shall include the term "structure."
[Amended 9-11-1972, effective 9-27-1972]
A building subordinate to the principal building on the same
lot and used for purposes customarily incidental to that of said principal
building.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Small nonresidential structure, not exceeding 200 square
feet, proximate to a bathing beach or pool to provide bathers with
a room for changing and shelter from the sun and shall not have sleeping
or cooking facilities.
[Added 5-8-2006 by L.L. No. 6-2006,
effective 5-19-2006]
A roof structure or other covering or overhang supported
or suspended over a gas pump island service area.
[Added 2-23-1987 by L.L. No. 4-1987,
effective 3-5-1987]
Service from a restaurant provided to customers remaining
in their vehicles and parked in a designated parking area of the restaurant
parking lot.
[Added 2-25-2008 by L.L. No. 3-2008,
effective 3-4-2008]
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
below the average established curb level or finished grade of the
ground adjoining the building.[1]
The partially or fully fermented juice of fresh, whole apples
or other pome fruits, containing more than 3 2/10% but not more
than 8 1/2% alcohol by volume, to which nothing has been added
to increase the alcoholic content produced by natural fermentation,
and with the usual cellar treatments and necessary additions to correct
defects due to climate, saccharine levels and seasonal conditions.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
A not-for-profit corporation or organization with its facilities
catering exclusively to members and/or their guests for recreational,
athletic or social purposes and where vending stands, merchandising,
commercial or business activities are not conducted, except as required
generally for the membership and purpose of such club. Clubs shall
operate without profit or division of any revenues to its members,
except as reasonable compensation for special services actually rendered,
devoting all revenues received to supporting the purposes and objectives
of the club or to charitable uses. Club facilities and property interests
shall be owned or leased by the corporation or organization and shall
not be owned, leased, rented, or otherwise encumbered for use by individual
members or nonmembers.
[Added 5-8-2006 by L.L. No. 6-2006,
effective 5-19-2006]
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot. A parking garage whose
height is at least 50% below finished grade is exempt from this definition,
provided that the roof of the parking garage is landscaped. The height
of a parking garage that is located in the one-hundred-year floodplain
may exceed 50% below finished grade, provided there is sufficient
mitigation including landscaping, screening and setbacks.
[Amended 10-24-2005 by L.L. No. 7-2005, effective 11-4-2005]
The percentage of the area of a lot covered by all buildings
on the lot.
[Added 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
The percentage of the area of a lot covered by the combined
area of all buildings and impervious surfaces on the lot.
[Added 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
The elevation of the curb opposite the center of the front
of the building. If a building faces on more than one street, the
"curb level" shall be the average of the elevations of the curbs at
the center of each side or front of the building. Where no "curb level"
or its equivalent has been established by the municipal authority,
the average elevation of the finished grade immediately adjacent to
the front of the building shall be considered as the "curb level."
If a building faces on more than one street where no "curb level"
has been established, the average of the elevations of the finished
grade on each street side of the building shall be considered as the
"curb level."
A business engaged in the retail sale of food, beverages
and grocery items for consumption off premises and where meats, fish,
salads, cheese, relishes and delicacy items might be specially prepared
as sandwiches and other consumable items for lunch, snacks and other
off-premises consumption. Such use shall not include tables and seating
for on-premises food consumption. No drive-up or car service shall
be permitted.
[Added 1-22-1996 by L.L. No. 1-1996,
effective 1-31-1996; amended 2-25-2008 by L.L. No. 3-2008, effective 3-4-2008]
A building designed or used exclusively as living quarters
of one or more families; the term shall not be deemed to include automobile
court, motel, boarding- or rooming house, mobile home trailer, tourist
home or tent.
A building containing three or more dwelling units or a part
of a building above a permitted business use containing three or more
dwelling units.
A dwelling containing one dwelling unit only.
A dwelling containing two dwelling units only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space, other than vestibules, entrance or other hallways or porches,
or cooking or sanitary facilities in common with any other "dwelling
unit." A boardinghouse, convalescent home, dormitory, fraternity or
sorority house, hotel, inn, lodging or rooming house or nursing or
other similar home or structure shall not be deemed to constitute
a "dwelling unit."
A family, the aggregate annual income of the members of which,
including the total of all current annual income of all family members
from any source whatsoever, but excluding the earnings of those members
of the family under 21 years of age attending school full time, does
not exceed 80% of AMI at the time of application or, in the case of
a rental, 120% at the time of renewal.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
A dwelling unit reserved for rental by a fair and affordable
housing family, the maximum yearly rent for which, excluding utilities,
does not exceed 30% of 80% of AMI at the time of application, or 30%
of 120% of AMI at the time of renewal, or a dwelling unit reserved
for sale to a fair and affordable housing family, the maximum gross
sales price for which does not exceed 2.5 times 80% of AMI.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
A fair and affordable housing unit or a fair and deeply affordable
housing unit.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
A family, the aggregate annual income of the members of which,
including the total of all current annual income of all family members
from any source whatsoever, but excluding the earnings of those members
of the family under 21 years of age attending school full time, does
not exceed 40% of AMI at the time of application or, in the case of
a rental, 80% at the time of renewal.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
A dwelling unit reserved for rental by a fair and deeply
affordable housing family, the maximum yearly rent for which, excluding
utilities, does not exceed 30% of 40% of AMI at the time of application,
or 30% of 80% of AMI at the time of renewal, or a dwelling unit reserved
for sale to a fair and deeply affordable housing family, the maximum
gross sales price for which does not exceed 2.5 times 80% of AMI.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
One or more persons occupying a dwelling unit and living
together as a single housekeeping unit in a familial relationship
or not more than two unrelated persons living together as a single
housekeeping unit.
As defined in § 390, Subdivision 6, of the Social
Services Law of the State of New York.[2]
[Added 12-14-1987 by L.L. No. 15-1987, effective 1-28-1988]
The sum of gross horizontal areas of the several floors of
the building or buildings on a lot, measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings. Any interior space with a floor-to-ceiling height in
excess of 12 feet shall be counted 1.5 times, except in the M-1 Zone.
The following are excluded:
[Amended 5-12-2008 by L.L. No. 5-2008, effective 5-15-2008; 11-25-2013 by L.L.
No. 12-2013, effective 12-5-2013; 11-28-2016 by L.L.
No. 21-2016, effective 12-7-2016; 11-28-2016 by L.L.
No. 22-2016, effective 12-7-2016; 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
Any attic space with a floor-to-ceiling height of less than
seven feet.
Cellar and basement areas where the average height of all exposed
exterior wall or walls is less than three feet measured from both
the existing grade prior to construction and from the proposed finish
grade after construction as indicated on the approved plans.
In connection with uses other than single-family and two-family
homes, any areas or structures devoted only to off-street parking
or loading.
Any horizontal areas that are within the special flood hazard area below two feet above base flood elevation that are useable solely for parking of vehicles, building access or storage in an area other than a basement as defined in § 186-2B.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, cellars, heater rooms and unheated porches and
breezeways.
The numerical value obtained by dividing the gross floor
area, as defined in this Code, within a building or buildings on a
lot by the area of the lot, excluding underwater lands.
[Amended 5-12-2008 by L.L. No. 5-2008, effective 5-15-2008]
Any use which includes the serving of food and/or beverages
that requires an eating place permit, or is otherwise required by
either county or state law to be licensed, including, but not limited
to, restaurants, carry-out restaurants, delicatessens and fast-food
restaurants. No drive-up or car service shall be permitted.
[Added 1-22-1996 by L.L. No. 1-1996,
effective 1-31-1996; amended 2-25-2008 by L.L. No. 3-2008, effective 3-4-2008]
The extent of a building or of land along a street.
An accessory building or part of a main building used only
for permitted storage of motor vehicles as permitted in this chapter.
At any point along the wall of a building, the elevation
of the completed surfaces of lawns, walks and roads adjoining the
wall at that point.
Measures incorporated into building design and construction
that are intended to minimize impacts to the environment through conservation
of natural resources, increased energy and efficiency and improved
indoor air quality.
[Added 11-24-2014 by L.L.
No. 18-2014, effective 12-10-2014]
Measures that utilize best management practices for stormwater
management that infiltrate or otherwise reuse stormwater. Such techniques
may include green roofs, landscaping, rain gardens, bioretention areas,
vegetated swales, pocket wetlands, infiltration planters and vegetated
median strips. Individual green infrastructure practices shall be
defined according to the current New York State Stormwater Management
Design Manual.
[Added 11-24-2014 by L.L.
No. 18-2014, effective 12-10-2014]
The roof of a building that is partially or completely covered
with vegetation and a growing medium, planted over a waterproofing
membrane. It may also include additional layers such as a root barrier
and drainage and irrigation systems.
[Added 11-24-2014 by L.L.
No. 18-2014, effective 12-10-2014]
A retail store offering a full line of groceries, meat, fruits
and produce including general merchandise and health and beauty aids,
and which may offer a service deli, baked goods, frozen and prepared
foods, a specialty food shop and/or a pharmacy.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
The floor of a building at or closest to final grade.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
As defined in § 390, Subdivision 13, of the Social
Services Law of the State of New York.[3]
[Added 12-14-1987 by L.L. No. 15-1987, effective 1-28-1988]
For one- and two-family dwellings, the vertical distance
to the highest level of the highest point of the roof if the roof
is flat or mansard or to the mean level between the eaves and the
highest point of the roof if the roof is of any other type, measured
from the average level of the existing grade prior to construction
adjacent to the exterior walls of the building. For all other buildings,
the vertical distance to the highest level of the highest point of
the roof if the roof is flat or mansard or to the mean level between
the eaves and the highest point of the roof if the roof is of any
other type, measured from the average level of the existing grade
at the lot line abutting the lot at the front yard. When a building
is within the special flood hazard area, height is measured from two
feet above base flood elevation.
[Amended 5-12-2008 by L.L. No. 5-2008, effective 5-15-2008; 12-19-2016 by L.L.
No. 25-2016, effective 12-28-2016; 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
A facility providing professional design services and/or
sale of home-improvement-related products, including, but not limited
to, cabinetry, tile and counter materials, appliances and furniture,
provided that sales are conducted in an on-site showroom.
[Added 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]
Those surfaces in the landscape, including pavement, sidewalks,
driveways, and other structures, that cannot effectively infiltrate
rainfall. Steep slopes and compact soils are not impervious surfaces.
Materials that meet the specifications for New York State Department
of Transportation (NYSDOT) road subbase material (formerly known as
"Item 4") and wellgraded or close-graded subbase materials are impervious
surfaces. Decks constructed above the ground surface that allow 100%
pass-through of stormwater to the ground surface below are not impervious
surfaces.
[Added 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
An indoor facility providing accommodations for a variety
of individual, organized or franchised sports, including but not limited
to baseball, basketball, ice hockey, wrestling, soccer, tennis, volleyball,
racquetball, squash, handball or swimming. Such facility may also
provide health and fitness club facilities and martial arts instruction
facilities. Support functions accessory to the principal use include
a food and drink kiosk and sales desk for sports, health or fitness
items associated with the facility.
[Added 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]
An amount equal to $2,500 for calendar year 2007, which shall
subsequently be adjusted annually by the Planning Board, for all pertinent
approvals granted during that calendar year. Each subsequent adjustment
shall be based on the change in the December index, unadjusted for
seasonal variation, of the United States Department of Labor Consumer
Price Index, Urban Wage Earners and Clerical Workers (CPI-W) U.S.
City average, all items (1967=100). Such fee shall be paid to the
Village Recreation Site Acquisition and Improvement Fund and used,
among other things, to acquire and maintain open space, and increase
recreation opportunities. The in-lieu fee must be paid prior to the
approval of the site plan and prior to the signing of the subdivision
plat by the Chairman of the Planning Board and is calculated based
on the index for the year in which the subdivision plat is signed.
[Added 6-11-2007 by L.L. No. 6-2007,
effective 6-21-2007]
Any and all distilled or rectified spirits, brandy, whiskey,
rum, gin, cordials or similar distilled alcoholic beverages, including
all dilutions and mixtures of one or more of the foregoing.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
A parcel of land not divided by streets, consisting of one
or more lots as shown on a filed subdivision plat or on the Village
Assessor's Map, devoted or to be devoted to a particular use or occupied
or to be occupied by a building or buildings as permitted by this
chapter, together with such open spaces as are required under its
provisions, and having its principal frontage on a street or on such
other means of access as may be deemed, in accordance with the provisions
of law, to be adequate as a condition of the issuance of a building
permit for a building or buildings on such land.
The total horizontal area included within lot boundaries.
A lot at the junction of and abutting on two or more intersecting
streets, where the interior angle of intersection does not exceed
135°. Any lot adjoining a curved street at a point where the street
line describes an arc subtended by an angle of 135° or less shall
also be considered a corner lot.
[Amended 11-28-2016 by L.L. No. 23-2016, effective 12-7-2016]
The horizontal distance from the street line of a lot to
the rear lot line of such lot.
In the case of a lot abutting upon only one street, the line separating the lot from the street. In the case of a corner lot, the owner shall, for the purpose of this chapter, have the option, in accordance with § 342-15.1 of this chapter, of electing any street lot line as the front lot line or choosing to have two front lot lines. In the case of a through lot, the owner shall, for the purposes of this chapter, have the option of electing either street lot line as the front lot line and the other street lot line shall be considered a rear lot line.
[Amended 11-28-2016 by L.L. No. 23-2016, effective 12-7-2016]
The lot line which is generally opposite the front lot line;
if the rear lot line is less than 10 feet in length or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
The property lines bounding a lot as defined herein.
Any lot line not a front or rear line.
A lot which fronts upon two parallel streets, or which front
upon two streets which do not intersect at the boundaries of a lot
and is therefore not a corner lot.
[Added 11-28-2016 by L.L.
No. 23-2016, effective 12-7-2016]
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
A housing unit that is not a fair and affordable housing
unit or a fair and deeply affordable housing unit.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths, steam baths, body rub parlors and rub therapy
establishments. This definition shall not be construed to include
a hospital, nursing home or medical clinic, or the office of a physician,
surgeon, chiropractor, osteopath, or duly licensed physical therapist
or barbershops or beauty salons in which full body, scalp, face, neck
or shoulder massages are administered. This definition also shall
exclude health clubs which have facilities for physical exercise,
such as tennis courts, racquetball courts or exercise rooms, and which
do not receive their primary source of revenue through the administration
of massages.
[Added 3-27-2006 by L.L. No. 3-2006,
effective 4-10-2006]
The arithmetic average of the extreme ends of the curb level
elevations on the street frontage.
[Added 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985]
An establishment in which beer is manufactured which has
the capacity to produce not more than 3,000 barrels of beer per year
and does not produce more than 3,000 barrels of beer per year, as
determined by the barrelage tax reports it files with the New York
State Department of Taxation and Finance, and which is permitted to
sell beer for on-site consumption or for off-site distribution under
the New York State Alcoholic Beverage Control Law and the applicable
regulations of the New York State Liquor Authority.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
An establishment in which cider is manufactured for sale
which has the capacity to produce not more than 2,000 gallons of cider
per year and which does not produce more than 2,000 gallons of cider
per year, as determined by the barrelage tax reports it files with
the New York State Department of Taxation and Finance, and which is
permitted to sell cider for on-site consumption or for off-site distribution
under the New York State Alcoholic Beverage Control Law and the applicable
regulations of the New York State Liquor Authority.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
An establishment in which liquor is manufactured for sale
which has the capacity to produce not more than 2,000 gallons of liquor
per year and which does not produce more than 2,000 gallons of liquor
per year, as determined by the barrelage tax reports it files with
the New York State Department of Taxation and Finance, and which is
permitted to sell liquor for on-site consumption or for off-site distribution
under the New York State Alcoholic Beverage Control Law and the applicable
regulations of the New York State Liquor Authority.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
An establishment in which wine is manufactured for sale which
has the capacity to produce not more than 500 cases of wine per year
and which does not produce more than 500 cases per year, as determined
by the barrelage tax reports it files with the New York State Department
of Taxation and Finance, and which is permitted to sell wine for on-site
consumption or for off-site distribution under the New York State
Beverage Control Law and any applicable New York Liquor Authority
regulations.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
A development that contains both residential and nonresidential
uses.
[Added 8-26-2019 by L.L.
No. 3-2019, effective 8-28-2019]
A building or portion thereof containing rooms occupied primarily
by transients who are lodged, with or without meals, and in which
there may be certain public rooms for the use of guests and in which
are provided such services as are incidental to the use thereof as
a temporary residence.
A facility primarily engaged in the retail sale, direct to
the motorist, of motor vehicle fuels and/or in the routine maintenance
of motor vehicles, including activities such as engine diagnostics,
tune-ups, car washing, changing of fluids, filters and belts, and
tire and shock replacement. Permitted accessory uses may include the
sale of cigarettes, candy, coffee and soda.
[Added 3-8-1999 by L.L. No. 5-1999,
effective 3-17-1999]
A facility principally used for the repair of motor vehicles.
This work may include the routine maintenance associated with a motor
vehicle filling/service station as well as body work, vehicle painting
and vehicle reassembly. Permitted accessory uses may include the sale
of parts, tires, oil and car/truck washes.
[Added 3-8-1999 by L.L. No. 5-1999,
effective 3-17-1999]
An establishment in which beer is manufactured which has
the capacity to produce not more than 1,000 barrels of beer per year
and does not produce more than 1,000 barrels of beer per year, as
determined by the barrelage tax reports it files with the New York
State Department of Taxation and Finance, and which is permitted to
sell beer for on-site consumption or for off-site distribution under
the New York State Alcoholic Beverage Control Law and the applicable
regulations of the New York State Liquor Authority.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
A fund to be managed by the Village Manager or his designee
and administered by the Village Manager or his designee. Funds administered
may be used by the Village for public improvements within the TOD
Overlay District or the Washingtonville neighborhood as defined in
the Village of Mamaroneck Comprehensive Plan.
[Added 11-24-2014 by L.L.
No. 18-2014, effective 12-10-2014]
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective (See Article IX).
A place, building or structure used or intended to be used
to provide care or instruction for two or more children under six
years of age, other than a family day-care home or a group family
day-care home for which a permit has been issued pursuant to § 390,
Subdivision 1(a), of the Social Services Law of the State of New York.[4]
[Amended 12-14-1987 by L.L. No. 15-1987, effective 1-28-1988]
A skilled nursing facility licensed by the State of New York
to provide full-time convalescent or chronic health care under medical
supervision to individuals who are unable to fully care for themselves,
but not including facilities for surgical care or institutions dedicated
to the care and treatment of mental illness, alcoholism, or narcotics
addiction. No nursing home shall contain any uses other than those
permitted pursuant to applicable regulations of the State of New York
and the nursing home's operating certificate issued pursuant thereto.
[Added 10-15-1996 by L.L. No. 12-1996, effective 10-24-1996]
A building occupied or used for business or professional
offices of individuals, partnerships, associations or corporations
and in which no commercial goods, materials or products are sold or
offered for sale at retail from the premises, no stock-in-trade other
than samples is displayed or stored and no commercial goods, materials
or products are manufactured, assembled or commercially serviced or
repaired.
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of about 350 square feet of "parking area" per parking space. (See Article VIII).
A paved or surfaced area, which surface may include pervious
or impervious material subject to approval of the Village Engineer,
which, exclusive of excess driveways and turning areas, is accessible
and available at all hours for the parking of one passenger car and
is nine feet wide and 19 feet long; employee parking spaces may be
reduced in width from nine feet wide to 8 1/2 feet wide, and the length
shall remain 19 feet long.
[Amended 5-29-1974, effective 6-12-1974; 9-23-2013 by L.L. No. 10-2013, effective 10-8-2013]
A structure or portion thereof devoted to the occupancy and
use by the general public for social, recreational or entertainment
purposes, other than a club, hotel, theater or bowling alley, in which
accommodations are made for more than 25 persons.
A clustered design of attached, semidetached or detached
dwelling units located on relatively large tracts of the Village's
remaining residential land, planned on a unified basis so as to preserve
open space, provide increased recreational opportunities, protect
environmental values and improve the balance and diversity of the
Village's housing stock, when such a project has been determined to
be of significant benefit to the Village and is approved by the Village
Planning Board in accordance with the standards as set forth in this
chapter.
[Added 2-26-1979 by L.L. No. 7-1979,
effective 3-21-1979]
Any portion of a permitted private nonprofit park or playground.
A roofed-over structure projecting from the wall or walls
of a main structure, whether or not open to the weather. It shall
be deemed to be a part of the building.
Motor vehicle filling/service station or public garage.
[Added 3-8-1999 by L.L. No. 5-1999,
effective 3-17-1999]
Living quarters only for caretakers and staff during their
employment on a full-time annual or seasonal basis by the not-for-profit
club membership corporation or organization.
[Added 5-8-2006 by L.L. No. 6-2006,
effective 5-19-2006]
Living quarters for transient use by members and guests of
members when accompanied by a member, and may be occupied between
April 15 and October 15 and may not be occupied between October 16
and April 14. A seasonal residence may not be occupied by the same
person(s) for more than 30 days in a calendar year. A seasonal residence
is limited to a maximum of 600 square feet. Seasonal residences shall
not have kitchen or cooking facilities.
[Added 5-8-2006 by L.L. No. 6-2006,
effective 5-19-2006]
A business engaged in the preparation and sale of food and
beverages selected by patrons seated at a table or counter, served
by a waiter or waitress and consumed on the premises. The term "restaurant"
does not include a business whose principal operation is as a bar,
cabaret, carry-out restaurant, delicatessen or fast-food restaurant.
No drive-up car service shall be permitted. Car service shall be permitted
by special use permit only.
[Added 1-22-1996 by L.L. No. 1-1996,
effective 1-31-1996; amended 2-25-2008 by L.L. No. 3-2008, effective 3-4-2008]
An establishment primarily engaged in the sale and service
of food for on-premises consumption which also brews beer for on-site
consumption and may lawfully sell beer for off-premises consumption
in accordance with the New York State Alcoholic Beverage Control Law
and the applicable regulations of the New York State Liquor Authority,
not more than 30% of the total gross floor area of the commercial
space of which is used for brewing, bottling and kegging.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
A business enterprise primarily engaged in the retail sale
of food or beverages, which may include grocery items, for consumption
off the premises, but which also includes the incidental sale of ready-to-consume
food and beverages from a counter-type installation for consumption
on the premises, provided that the area devoted to customer seating
is clearly accessory to the main business and complies with the area
requirements of the New York State Uniform Fire Prevention and Building
Code. No drive-up or car service shall be permitted.
[Added 1-22-1996 by L.L. No. 1-1996,
effective 1-31-1996; amended 2-25-2008 by L.L. No. 3-2008, effective 3-4-2008]
A business enterprise primarily engaged in the sale of food
and beverages generally served in disposable or prepackaged containers
or wrappers ready for consumption in a facility where most or all
of the sales to the public are stand-up services. The term "fast-food
restaurant" shall not include a carry-out restaurant or delicatessen.
No drive-up or car service shall be permitted. Where a fast-food restaurant
contains multiple counters, each serving one or more brands or types
of fast food (for example, one counter for pizza and another for hamburgers),
parking requirements shall be increased by 10% for each counter in
excess of one.
[Added 1-22-1996 by L.L. No. 1-1996,
effective 1-31-1996; amended 2-25-2008 by L.L. No. 3-2008, effective 3-4-2008]
A kindergarten, primary or secondary school furnishing a
comprehensive curriculum of academic instruction similar to that of
a public school.
An educational institution operated by a public school district
under the laws of the State of New York.
Same as "lot" as defined herein.
The portion of a building which is between one floor level and the next higher floor level or the roof. A mezzanine floor area exceeding 1/3 of the area of the floor immediately below is a "story." A basement is a "story," but a cellar is not a "story." An attic is not a "story" if unfinished and without human occupancy. A horizontal area within the special flood hazard area below two feet above base flood elevation that is useable solely for parking of vehicles, building access or storage in an area other than a basement as defined in § 186-2B is not a story.
[Amended 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
Any space partially within the roof framing where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
A way which is an existing state, county, town or Village
highway or a way shown upon a subdivision plat approved by the Village
Planning Board as provided by law or on a plat duly filed and recorded
in the office of the County Clerk.
The dividing line between a lot and a street.
Anything constructed, erected or installed the use of which
requires location on or under the ground level, in whole or in part,
or attachment to something having location on or under the ground.
Depending upon its applicability, the use herein of "structure" shall
include the term "building."
[Amended 9-11-1972, effective 9-27-1972]
An establishment or portion of a manufacturing establishment
that allows customers to taste samples of beer, wine or liquor, must
serve food, and may include the sale of such products in addition
to related items, marketing events, and special events, in accordance
with the New York State Alcoholic Beverage Control Law and the applicable
regulations of the New York State Liquor Authority, and other applicable
state, county and Village laws and regulations.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
Buildable levels or stories.
[Added 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985]
Any vehicle which is or can be mounted on wheels, movable
either by its own power or by being drawn by another vehicle and equipped
to be used for living or sleeping quarters or so as to permit cooking.
The term "trailer" shall include such vehicles if mounted on temporary
or permanent foundations with the wheels removed.
Active recreation, sitting or landscaped areas open to the
sky. Parking shall not be considered "usable open space." On any lot
containing more than 15 dwelling units, the design, layout and equipment
of such open space shall be subject to Planning Board approval. Rooftop
and atrium spaces that are open to all of the residents of the building
may account for up to 10% of the open space requirements if the Planning
Board finds that they provide "usable open space." For purposes of
open space calculations, an "atrium" is defined as a continuous area
open to a sidewalk and street which is open and unobstructed, except
for sitting and landscaped areas, to a height of at least 25 feet
and whose roof and wall configuration allows natural sunlight as the
main light source.
[Amended 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985; 5-13-1985 by L.L. No. 13-1985, effective 5-22-1985]
A use of land or of a building or portion thereof which is
customarily incidental and subordinate to the principal use of the
land or building located on the same lot with such principal use.
An accessory use may not be accessory to another accessory use.
[Amended 2-10-1997 by L.L. No. 1-1997;
effective 2-20-1997]
Any and all plants or plant life with trunks or stems exceeding
six inches in diameter and three feet in height, as measured from
the ground.
[Added 2-8-1988 by L.L. No. 4-1988,
effective 2-19-1988]
The duly constituted Board of Trustees of the Village of
Mamaroneck.
Chapter 64 of the Consolidated Laws of the State of New York.
Facilities for hauling, launching, dry storage and dry sailing
of boats; facilities for building, repairing and maintaining boats,
marine engines and other marine equipment up to 150 tons; and recreation
facilities which depend on access to coastal waters (e.g., beach and/or
yacht clubs).
[Added 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985]
The product of the normal alcoholic fermentation of the juice
of fresh, sound, ripe grapes, or other fruits or plants, with the
usual cellar treatment and necessary additions to correct defects
due to climatic, saccharine and seasonal conditions, including champagne,
sparkling and fortified wine of an alcoholic content not to exceed
24% by volume.
[Added 10-10-2017 by L.L.
No. 13-2017, effective 12-29-2017]
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from ground upward, except as may be specifically authorized in this
chapter. In measuring a "yard," as hereinafter provided, the "line
of a building" shall be deemed to mean a line parallel to the nearest
lot line, drawn from a point of a building or the point of a group
of buildings nearest to such lot line, and the measurement shall be
taken at right angles from the line of the building, as defined herein,
to the nearest lot line.
A space on the same lot with the building between the nearest
front line of the building and the front line of the lot and extending
the full width of the lot.
[Amended 6-18-1973, effective 6-27-1973]
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and nearest line
of the building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front or rear lot
line, as the case may be.
[1]
Editor’s Note: The definition of “club,”
which immediately followed this definition, as amended, was repealed
5-8-2006 by L.L. No. 6-2006, effective 5-19-2006
[2]
Editor's Note: See now § 390, Subdivision
1(e), of the Social Services Law.
[3]
Editor's Note: See now § 390, Subdivision
1(d), of the Social Services Law.
[4]
Editor's Note: See now § 390, Subdivision
2, of the Social Services Law.
