A.
Unless otherwise listed below, the numbers, abbreviations,
terms and words used herein shall have the meanings of common usage
as set forth in the latest edition of Webster's New Collegiate Dictionary.
Terms of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary.
B.
Unless the context clearly indicates to the contrary,
words used in the present tense include the future tense, words used
in the singular number include the plural; words used in the plural
number include the singular; the word "herein" means in this chapter;
the word "requirements" means local law; and the words "this chapter"
shall mean this chapter and the maps included herein as enacted or
subsequently amended.
C.
The word "person" as used in this chapter shall be
defined to include, but not be limited to, an individual, a partnership,
a joint venture, a corporation, an unincorporated association, a firm
or any other form of entity, contractors, subcontractors or journeymen;
"used" or "occupied" as applied to any land or building shall be construed
to include the words "intended," "arranged" or "designed to be used
or occupied."
D.
The "Village" is the Village of Montebello in the
County of Rockland, State of New York; the "Village Board," "Board
of Appeals," "Planning Board" and "Building Inspector" are respectively
the Village Board, Board of Appeals, Planning Board and Building Inspector
of the Village.
E.
"Article," as a term of reference in this chapter,
refers to this chapter.
F.
"Shall" is always mandatory, except when applied to
public officials, in which event "shall" is directory. "Time requirements"
shall, nevertheless, be considered mandatory.
As used in the chapter, the following terms
shall have the meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to, and customarily in connection
with, the principal building, structure or use and which is located
on the same lot with the principal building, structure or use. Any
accessory building or structure attached to a principal building or
structure is deemed to be part of such principal building or structure
in applying the bulk requirements to such building or structure. No
use shall be considered "accessory" where such use requires a greater
area of a lot or larger setbacks or yards or for which greater restrictions
than for the principal use on the lot area imposed by this chapter.
Physically touching or bordering upon or sharing a common
property line or major portion thereof.
A facility for the medical care and treatment of animals,
including shelters and like facilities.
[Amended 4-18-2018 by L.L. No. 2-2018[1]]
The measure of and in a horizontal plane, uncorrected or
adjusted for legal encumbrances, surface conditions or slope.
A residential development in which a New York State approved
assisted living program and/or assisted living residences (as defined
by state law) are operated. An assisted living program or an assisted
living residence (as defined by state law) is an entity which is approved
to operate pursuant to the New York State Public Health Law and the
New York State Social Services law, and may have additional licenses
or certifications under New York State Law, and provides or arranges
for housing, supervision and personal care services to five or more
eligible adults unrelated to the operator.
[Amended 6-22-2005 by L.L. No. 4-2005; 8-16-2017 by L.L. No. 4-2017]
Fully enclosed building or structure in which repairs to
or the maintenance of the drive train and or chassis of vehicles is
conducted on a regular or ongoing basis.
That portion of a building which is partly underground, but
which has at least 50% of its interior height, measured from floor
to ceiling, above the average finished grade of the ground adjoining
the building.
Any habitable space in excess of 75 square feet, other than
a living room, dining room, bathroom, hallway or kitchen.
A sign which directs attention to a business, commodity,
service, entertainment or attraction conducted, sold, offered or existing
elsewhere than on the same lot where such sign is displayed or not
for the principal use of such lot.
See "roomer."
[Added 2-18-2021 by L.L. No. 1-2021]
A business use or establishment which is primarily engaged
in the sale and service of food for on-premises consumption and that
also brews beer for on-site consumption in accordance with New York
State Liquor Authority regulations.
[Added 2-19-2020 by L.L.
No. 1-2020]
An area of specified dimension extending between a rear or
side property line or a zoning district line and a required yard.
The buffer shall not be used or otherwise encroached upon by any activities
on the lot so as to provide for adequate separation and protection
from otherwise inharmonious or incompatible uses.
Any structure, or extension thereof or addition thereto,
having a roof supported by such things as columns, posts, piers or
walls and intended for the shelter, business, housing or enclosing
of persons, animals or property.
See "accessory."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
That part of a building, structure or nonbuilding use which
does not conform to one or more of the applicable bulk requirements
of this chapter.
See "flex space, business park."
[Added 2-19-2020 by L.L.
No. 1-2020]
Any premises, including its area of land or water, or land
and water, on which are located two or more cabins, tents, shelters,
houseboats or other accommodations of the design or character suitable
for seasonal or other temporary living purposes, primarily for children,
but not including a day camp, trailer camp, rooming house, tourist
home, hotel, motel, summer colony, hospital, place of detention, school
of general or special instruction, dormitory or nursery school.
[Amended 8-15-2018 by L.L. No. 6-2018]
That portion of a building which is partly (or wholly) underground,
but which has less than 50% of its interior height, measured from
floor to ceiling, above the average finished grade of the ground adjoining
the building.
Official certification that a building or structure conforms
to this chapter and the New York State Fire Prevention and Building
Code and the building permit granted for construction of such building
or structure and that such building or structure may be occupied.
Official certification that a building or structure or part
thereof conforms to the use requirements and other pertinent provisions
of this chapter and may be used in conformity with law.
Any use which differs substantially from the previous use
of a building, structure or nonbuilding use.
A facility licensed by New York State pursuant to the Social
Services Law that provides care for seven or more children, for more
than three and less than 24 hours per day, in premises other than
the residence of a care provider, and for children between the ages
of six weeks to 12 years of age, in accordance with the staff/child
ratio established by the associated regulations.
A building, structure, lot or land area used as a private
club or social organization with annual membership dues, and not conducted
for profit or gain.
Any motor vehicle used for commercial purposes, such as the
transportation of goods, wares and merchandise or passengers for hire
and having a load capacity in excess of one ton; or any type of vehicle
used as a place in which any business or commercial enterprise is
conducted, or which is objectionable for reasons such as noise, fumes,
vibration, odor, dust, gas or lights.
Pursuant to § 41.34 of the Mental Hygiene Law,
a supportive living facility with four to 14 residents, or a supervised
living facility subject to licensure by the Office of Mental Health
or the Office of Mental Retardation and Developmental Disabilities
which provide a residence for up to 14 mentally disabled persons,
including residential treatment facilities for children and youth.
A building separated on all sides from adjacent open space
or from other buildings by fixed exterior walls or party walls, pierced
only by windows and entrance or exit doors and covered by a permanent
roof.
A comprehensive development of a building or buildings designed
for occupancy by one- or two-person households in which at least one
member is 62 years of age or older, providing a full range of housing,
residential services, and health care opportunities to serve its residents
as their needs change over time.
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings. It does not include any such
area with no windows opening upon it, except windows on a stairway.
An "outer court" extends to a street or yard; an "inner court" does
not.
The percentage of the area of the lot covered by a building
or buildings.
The percentage of the area of a lot covered by buildings,
parking areas, accessory structures and any impervious materials,
including natural impervious areas.
A space between the ceiling of one story and floor of the
next story, or between the ground and the first floor, which usually
contains pipes, ducts, wiring and lighting fixtures and permits access
but is not greater in height than three feet six inches.
A facility for a large group of networked computer servers
typically used by organizations for the remote storage, processing,
or distribution of large amounts of data, along with employee offices.
[Added 2-19-2020 by L.L.
No. 1-2020]
Any plot of land, including any buildings or structures thereon,
used for any assembly of recreational purposes on a seasonal basis,
but not including any nursery school unless the bulk requirements
for a day camp are met by said nursery school, nor including any living
quarters except for one one-family residence on the plot.
See "street line, designated."
The measure of volume or capacity of a street or parking
area during a sixty-minute period in order of rank for a calendar
year. For the purpose of this chapter, the 30th hour volume or capacity
shall be deemed the "design hour."
An establishment used primarily for the storage of goods,
products, cargo and materials and/or which receives, stores or distributes
such goods or materials.
[Added 2-19-2020 by L.L.
No. 1-2020]
A building or part of a building containing private or semiprivate
rooms which open to a common hallway, which rooms are sleeping quarters
for administrative staff, faculty or students, along with the following
communal facilities: dining hall, kitchen, laundry, lounge and recreation
facilities, as required. Dormitory rooms shall not contain separate
cooking, dining or housekeeping facilities, except that one dwelling
unit with complete housekeeping facilities may be provided for use
of a superintendent or supervising staff for every 50 dormitory rooms.
No more than one communal dining room shall be provided in any building
or structure used for dormitory purposes. Single-family, two-family
and/or other multiple residential facilities, other than that described
above, are not to be considered as dormitories. Private rooms may
be occupied by no more than one person, and semiprivate rooms may
be occupied by no more than two persons.
[Amended 8-15-2018 by L.L. No. 6-2018]
See "junkyard."
A surface which is adequately covered with screenings, stone,
gravel, concrete or bituminous products, or adequately treated with
oil, calcium chloride or similar dust inhibiting substances, and maintained
in good condition at all times.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, having no enclosed space
(other than vestibules, entrances or other hallways or porches) or
cooking or sanitary facilities in common with any other dwelling unit.
A house trailer, boarding or rooming house, convalescent home, dormitory,
fraternity house, hotel, inn, lodging, nursing or other similar home
or other similar structure shall not be deemed to constitute a "dwelling
unit."
The average setback on each street on which a lot fronts
established by three or more buildings within the same zoning district,
within 300 feet on each side of such lot along the same side of the
street, but not beyond any intersection.
Any activity where stone, sand, gravel, minerals or other
natural material, including topsoil, is removed for the purpose of
sale or any other commercial purpose other than such as may be incidental
to excavating or regrading in connection with, or in anticipation
of, building development or landscaping on the site.
A group of persons living together as a single nonprofit
housekeeping unit and consisting of either:
A residential facility in which groups of unrelated persons
live, along with one or more adults who serve in a supervisory role.
Such a facility shall not be construed to mean a "community residence
facility" as defined in § 41.34 of the Mental Hygiene Law.
An unroofed barrier or unroofed enclosing structure, including
retaining walls.
A change or adjustment to an approved site development plan,
due to an undiscovered physical site condition, that will not substantially
alter the intent, layout or design of the approved plan.
A lot which has its buildable area (the so-called flag) located
behind another lot, either existing or proposed, and which derives
access by means of a narrow strip of land (sometimes referred to as
"the flagpole") that has frontage on the street. Such flagpole may
be part of either lot, by ownership, right-of-way, easement, or other
provision. A flag lot allows the potential for the creation of two
lots, one generally behind the other, which derive access from the
same street.
[Added 6-21-2006 by L.L. No. 4-2006]
A building or buildings designed for the commercial use of
one or more tenants, generally for an undefined mix of office, light
assembly, showroom, distribution/warehousing or storage of equipment
and/or material inside a building. A business park flex space development
shall not include restaurants, personal care, or retail establishments.
Tenant spaces shall have a minimum of 2,000 square feet and a maximum
of 10,000 square feet of gross floor area and may include individual
loading berths.
[Added 2-19-2020 by L.L.
No. 1-2020]
The mathematical value of the gross floor area of all buildings
on a lot divided by the gross area of the lot.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. This includes
areas regulated by the U.S. Army Corps of Engineers, the New York
State Department of Environmental Conservation or local regulation
or other areas with the same characteristics that are not yet regulated.
The horizontal distance measured along the full length of
a street line abutting the lot.
[Added 8-15-2018 by L.L. No. 6-2018;
amended 5-19-2021 by L.L. No. 2-2021]
The accessory use of a portion of a one-family detached residence,
which portion is incidental and subordinate in both use and size to
the residence, is located within the residence building or accessory
structure, and is designated primarily for regular large gatherings,
meeting all of the following criteria:
The gatherings occur more than 12 times per year; and
These gatherings are comprised of 15 or more persons; and
The occupancy of the gatherings shall be the lesser of: (i)
49 persons; or (ii) the number of persons determined by dividing the
number of square feet of the portion of the residence so designated
as a residential gathering place by 15 square feet per person. The
requirement of no more than 49 occupants is the maximum permitted
before the use category of "assembly" would be applicable under the
New York State Uniform Fire Prevention and Building Code, as may be
amended from time to time. The standard of 15 square feet per person
is set forth in Table 1004.5 of said New York State Code, which is
applicable to unconcentrated assembly without fixed seats.
The designated area for a gathering place shall have a maximum
floor area of less than 50% of the gross floor area of the one-family
detached residence.
Any use that exceeds any of the above criteria at any time shall
not be considered a residential gathering place. The Building Inspector
shall determine the appropriate use category based upon the requirements
of this chapter.
The sum of the gross horizontal area of every
floor of a building, measured from the exterior faces of exterior
walls or from the center line of party walls separating the two buildings,
including but not limited to:
Regardless of the internal arrangement of a
building, it shall be deemed to have at least one floor for each 20
feet of height or a major fraction thereof. However, a "floor area"
does not include:
An establishment that provides for athletic or fitness activities,
including but not limited to aerobic exercises, running and jogging,
weightlifting, game courts, swimming facilities, saunas, showers,
massage rooms and lockers. Accessory uses may include provision of
instructional programs, group classes, eating facilities or shops
selling sports equipment and clothing.
[Added 2-19-2020 by L.L.
No. 1-2020]
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions in a hospital setting. Health service
complexes include general or special hospitals, emergency rooms or
trauma centers, and rehabilitation centers. Accessory uses may include
laundries, restaurants, gift shops, laboratories, pharmacies, and
medical offices.
[Added 2-19-2020 by L.L.
No. 1-2020]
The vertical distance from the average elevation of the proposed finished grade along the wall of a building (or adjacent to the side of a nonbuilding use) to the highest point of the roof for flat roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs of such building (or nonbuilding uses), except as specifically exempted in Article VI, § 195-22.
The following series of definitions relate to historic preservation:
ARCHITECTURAL STYLEA style of construction embodying distinctive characteristics of a type, period or method of construction and recognized by one of the following organizations or other qualified organization acceptable to the Historic Preservation and Parks Commission:
[Amended 2-26-2019 by L.L. No. 1-2019]
The National Register of Historic Places;
Historic American Buildings Survey;
Historic American Engineering Record;
National Park Service of the United States Department
of the Interior;
New York State Office of Parks, Recreation and
Historic Preservation;
National Trust for Historic Preservation;
Society of Architectural Historian.
EXTERIOR ARCHITECTURAL FEATURE or EXTERIOR FEATUREThe architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from interior surfaces, including but not limited to the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs, other fixtures and plantings appurtenant to such improvement.
HPPCThe Historic Preservation and Parks Commission.
[Amended 2-26-2019 by L.L. No. 1-2019]
LOCAL HISTORIC DISTRICTAny group of properties meeting the criteria established in this chapter and duly designated by the Montebello Village Board as a "local historic district."
LOCAL LANDMARKAny property meeting the criteria established in this chapter and duly designated by the Montebello Village Board as a "local landmark."
An accessory use of a residence by the residents thereof
for the performance of services of a professional or personal character,
conducted entirely within a completely enclosed building, which use
is incidental and accessory to the use of the residence for dwelling
purposes, does not change the architectural character thereof, and
is consistent with the residential zoning district involved. For the
purposes of this definition, a person who performs services in the
home without contact with visitors (nonresidents) seeking such services,
and who has no employees for such services, shall not be considered
to be engaged in a home occupation/home professional use and, thus,
shall not be required to obtain a special permit for said use which
shall be considered to be an accessory home occupation permitted by
right.
[Amended 5-19-2021 by L.L. No. 2-2021]
The noncommercial on-site production, principally for use
or consumption of the property owner or tenant, of plants, or their
products, including, but not limited to, gardening, or flower, vegetable
or fruit production. For the purposes of this chapter, personal horticulture
shall exclude the keeping or production of livestock or poultry, or
beekeeping.
[Added 11-13-2019 by L.L.
No. 5-2019]
A building which has transient living and sleeping accommodations
for rent for 10 or more persons and which is open for year-round occupancy;
a "hotel" or "motel" shall include similar establishments designated
as auto courts, tourist cabins, etc.
See "road, industrial service."
Industrial uses, including the manufacture, fabrication,
processing, converting, altering, assembly or other handling of products,
with impacts which exceed the criteria found in the term "light industry,"
as defined by this chapter.
[Added 11-13-2019 by L.L.
No. 7-2019]
Industrial uses, including the manufacture, fabrication,
processing, converting, altering, assembly or other handling of products,
the operations of which are conducted solely within a building, use
electrical power solely and normally are such that they will not cause
or result in any:
[Added 11-13-2019 by L.L.
No. 7-2019]
Dissemination of dust, smoke, observable gas or fumes, odor,
noise, vibration, radiation or interference with radio or television
reception beyond the limits of the building in which the use is located.
Hazard of fire or explosion or other physical hazard from the
storage or use of toxic, flammable, noxious or environmentally harmful
chemicals.
Harmful discharge of waste materials.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials, such as waste paper, rags
or scrap material or used building materials, house furnishings, machinery,
vehicles or parts thereof, with or without the dismantling, processing,
salvage or sale or other use or disposition of the same. A deposit
or the storage on a plot of two or more unregistered, wrecked or broken-down
vehicles or parts of two or more such vehicles for one week or more
in an R District, or for three weeks or more in any other district,
shall be deemed to be a junkyard.
[Added 6-22-2005 by L.L.
No. 4-2005]
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed and wherein there is no display
of any material or products.
Establishments that deal in the retail sales of convenience
goods (food, drugs and sundries) and such personal services as laundry
and dry cleaning (pickup and delivery), hair styling and shoe repair.
The maximum permitted aggregate gross floor area on any site shall
not exceed 100,000 square feet. The floor area of any single store
shall not exceed 8,000 square feet, except that food stores or combined
sales stores may not exceed 45,000 square feet. Other commercial uses
of any kind elsewhere specified in this chapter shall not be deemed
"local convenience commercial."
Establishments that include art studios, banks, offices of
salesmen, attorneys, dentists, sales representatives, architects,
brokers, physicians, engineers, insurance agents, real estate agents,
land surveyors, musicians, antique shops, barbershops, funeral chapels
or other activity found by the Planning Board to be related to the
services of the neighborhood residents or of a character consistent
in scale, intensity of activities and traffic generation (including
traffic from outside the immediate neighborhood) with local convenience
commercial activities. Other uses of any kind elsewhere specified
in this chapter shall not be deemed "local office-business."
A designated parcel, tract or area of land established by
plot, subdivision or as otherwise permitted by this chapter to be
used, developed or built upon as a unit.
A lot at the junction of, or abutting on, two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
See “flag lot.”
[Added 6-21-2006 by L.L. No. 4-2006]
Any boundary of a lot other than a street line.
The lot line which abuts or runs along the designated street
line. In the case of a lot situated to the rear of another lot, its
front lot line shall be the rear lot line of the front lot for purposes
of measuring the front setback.
The lot line generally opposite the street line. If the rear
lot line is less than 10 feet in length or if the lot comes to a point
in the rear, the rear lot line shall be deemed to be a line parallel
to the front lot line not less than 10 feet long lying farthest from
the front lot line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front setback requirement.
Any process where either the nature, size or shape of articles
or raw materials is changed or where articles are assembled.
[Added 2-19-2020 by L.L.
No. 1-2020]
An enclosed area in a building used exclusively for equipment
necessary to provide or maintain heating, air conditioning, electric,
water, domestic hot water supply, sewer, telephone and similar utility
or communication services to the building.
An establishment, whether public or private, engaged in providing
services for general or oral health maintenance and the treatment
of mental or physical or dental conditions of a nature which does
not require hospitalization. Medical or dental clinics include doctors'
or dentists' offices, public health centers, diagnostic centers, health
testing laboratories and outpatient clinics.
[Added 2-19-2020 by L.L.
No. 1-2020]
An eating establishment providing regular table service within
a fully enclosed building. A neighborhood restaurant shall not have
any live entertainment.[3]
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure, which does
not comply with the bulk requirements of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
[Amended 6-22-2005 by L.L. No. 4-2005]
Any use of a building or structure, lot or land, or part
thereof, lawfully existing at the effective date of this chapter or
any amendments thereto affecting such use, which does not conform
to the use requirements of this chapter for the district in which
it is situated.
Any nonpublic school as defined by the Education Department
of the State of New York, which provides daytime care or instruction
for two or more children from two to six years of age, inclusive.
A facility licensed or regulated by New York State for the
accommodation of convalescents or other persons who are not acutely
ill and not in need of hospital care, but who require skilled nursing
and related medical services which are prescribed by or performed
under the direction of a person or persons licensed to provide such
care or services in accordance with the State of New York.
[Added 2-19-2020 by L.L.
No. 1-2020]
A person, other than the premises owner of record filed in
the Rockland County Clerk's Office or an immediate family member of
the premises owner, occupying living accommodations with the premises
owner's express or implied consent.
[Added 2-18-2021 by L.L.
No. 1-2021]
To personally or through an agent, referral service, representative
or other entity or person, communicate or advertise, verbally, in
writing, or through electronic means or otherwise, the availability
for rental or similar use of any dwelling or rooming unit, or to knowingly
allow, commission, authorize, or permit such communication or advertisement.
[Added 2-18-2021 by L.L.
No. 1-2021]
Establishments that include offices of salesmen, sales representatives,
architects, engineers, physicians, dentists, attorneys, insurance
brokers, real estate brokers and persons with similar occupations.
Other uses of any kind elsewhere specified in this chapter shall not
be deemed "office, professional and business."
The Official Map as may be adopted and established by the
Village Board which will show the streets, highways, parks and drainage
systems laid out on such map, including any references to more detailed
maps and studies. The Official Map shall be final and conclusive with
respect to the location and width of streets, highways, drainage systems
and parks shown thereon; and the purpose of the Official Map is to
conserve and protect the public health, safety and general welfare.
Includes all vested or contingent interests of any person
or his agent, representative, successor or assignee and irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her
spouse, child, parent, sibling or spouse of sibling, heir or next
of kin, agent, corporation, firm, entity, partnership or unincorporated
association.
Ownership of property by different corporations,
firms, partnerships, entities or unincorporated association, in which
such a person is a stockholder, a partner or associate, or his or
her spouse, child, parent sibling or spouse of sibling, heir or next
of kin or owns an interest of 10% or greater in each corporation,
firm partnership, entity or unincorporated association.
When such person or his estate, successors or assigns, or any person or entity included in Subsections A and B herein, may be materially or substantively affected by the relief sought or by any determination in any proceeding sought before any board, body, commission or agency of the Village of Montebello whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
A premises 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 consideration.
Premises or part thereof used for the storage or parking
of vehicles, which contains space rented to the general public for
any period of time.
Any individual, partnership, corporation, joint limited liability
company, limited liability company, trust or other entity, stock association,
and includes any trustee, receiver, assignee, or personal representative
thereof, including but not limited to any booking or reservation service,
lawful lessees, and premises owners.
A retail establishment employing a pharmacist or pharmacists
licensed by the State of New York for the purpose of preparing and
dispensing prescription medicines and drugs, as well as over-the-counter
medicines and drugs and related products, whereat such products are
sold to the public, and whereat other items and notions may be sold
in addition to the foregoing.
A permanent physical disability, diagnosed by a physician,
that requires the use of a wheelchair, crutches, or prosthetic devices,
significantly limiting mobility and necessitating living quarters
equipped with such features as wide doorways, ramps, grab bars, lack
of risers, or similar features to allow safe mobility. For purposes
of this definition, blindness shall be considered a physical handicap.
The principal use of a building or structure(s) for regular
organized religious assembly with 10,000 gross square feet of floor
area, or greater.
[Added 8-15-2018 by L.L.
No. 6-2018; amended 5-19-2021 by L.L. No. 2-2021]
The principal use of a building or structure for regular
organized religious assembly with a gross square footage of less than
10,000 square feet.
[Added 8-15-2018 by L.L.
No. 6-2018; amended 5-19-2021 by L.L. No. 2-2021]
An overall plan for all signage on a site.
A premises developed according to plan as a single entity
and containing one or more structures to accommodate nonresidential
uses and appurtenant parking areas and other uses incidental to the
principal uses.
A lot or parcel of land together with any improvements thereon.
The primary or predominant use for which premises is used.
A building or group of buildings for continuing education
and training of working professionals and organizational personnel.
Buildings may include offices, conference rooms, seminar rooms, training
equipment, ancillary services, sleeping and dining accommodations,
and recreational facilities, for the sole use of the participants,
staff and administrators. No individual kitchen facilities shall be
provided. No restaurant, tavern, catering hall, nightclub, hotel,
motel or inn serving the public shall be operated or maintained. Professional
training and retreat centers shall not serve students who are not
yet employed as professionals and shall not include schools of general
instruction or dormitories accessory thereto.
[Added 2-19-2020 by L.L.
No. 1-2020]
A building or part thereof designated, used or occupied for
one or more dwelling units, but not including tourist home, hotel,
motel, tourist cabin, summer colony or trailer or any other transient
use.
A residence containing more than two dwelling units.
A residence containing one dwelling unit only.
A one-family residence which is separated from other buildings
by open space.
A residence building or structure which comprises one dwelling
unit for one family and which is attached or connected to another
dwelling unit for one family at their common property line by means
of a party wall, the length of which represents at least 50% of the
total sidewall length of which the party wall is a part, and which
is separated from any other building or structure by open space on
the side lot line opposite the party wall and by open space on the
front and rear lot lines. Each dwelling unit must be on its own lot.
A residence containing two dwelling units which is not a
one-family semiattached residence.
An enterprise that is primarily engaged in preparing and
serving food and beverages intended to be consumed on the premises
by patrons seated and served at tables or counters, and that may provide
incidental musical entertainment without dancing, either by mechanical
electrical devices or by not more than four persons playing any nonamplified
instrument(s).
[Amended 2-19-2020 by L.L. No. 1-2020]
See "neighborhood restaurant."
Any road which serves to carry traffic from local residential
streets to secondary streets.
A public road or right-of-way providing access to a planned
office and/or industrial building development of at least 10 acres
in a PI or LO District.
Any road which serves primarily as an access to abutting
residential properties. The existence of a nonresidential use along
such a road shall not by itself cause such a road to have a different
designation.
Any road which is used primarily as a route for traffic between
communities or large areas.
Any road which serves to carry traffic from collector streets
to a system of major streets.
An ER-80, RR-50, R-35, R-25, R-15, R-AH or RSH District in
the Village of Montebello or a corresponding district in an adjoining
municipality.
[Amended 6-22-2005 by L.L. No. 4-2005]
A nontransient occupant of a rooming unit.
[Added 2-18-2021 by L.L.
No. 1-2021]
One or more rooms, with or without private bathroom facilities,
but without cooking facilities, which are rented or available and
offered for rent and which are located within a dwelling unit.
[Added 2-18-2021 by L.L.
No. 1-2021]
A site for which all appropriate permits have been issued
and are currently valid for the disposal of solid waste.
Any public or nonpublic pre-K, kindergarten, elementary,
junior high, or high schools subject to 8 NYCRR Part 100 regulations;
or any colleges, universities or postgraduate schools, seminaries
or other schools of religious vocational training, that offer instruction
at least five days per week and seven months per year.
[Amended 8-15-2018 by L.L. No. 6-2018]
Any private school offering courses in religious instruction
at least five days per week and seven months per year.
Any nonpublic school conducting a regularly scheduled curriculum
of specialized or vocational study, such as trade or technical programs,
except that a school offering religious vocational training at least
five days per week and seven months per year shall be deemed a school
of general instruction.
[Amended 8-15-2018 by L.L. No. 6-2018]
An area of land at least 10 feet wide, densely
planted (or having equivalent natural growth) with shrubs or trees
at least four feet high, at the time of planting, of a type that will
form a year-round dense screen at least six feet high within three
years under normal conditions and with appropriate care.
An opaque wall or barrier or uniformly painted
fence at least six feet high; or
Any other islands, barriers, emplacements, walls,
fences, trees, plantings, shrubbery or other artificial or natural
dividing strip or marker of any kind, wherever located on the site,
conditioned or required in any building permit, certificate of occupancy,
site development plan, subdivision approval, special permit, variance,
zone change or other requirement of any board, agency, commission
or official of the Village of Montebello pursuant to this chapter.
A residential development consisting of a multifamily residence
or multifamily residences which have dwelling units designed for and
occupied by senior citizens, which shall be constructed with the assistance
of mortgage financing or other financial assistance insured by or
procured through or with the assistance of a state or federal governmental
agency, and is constructed and maintained on a nonprofit or limited-profit
basis by an organization or its wholly-owned subsidiary incorporated
pursuant to the provisions of the Private Housing Finance Law of the
State of New York.
The minimum distance between a principal building, structure
or use and a property line of the lot or, where a buffer is required,
between the principal building, structure or use and any part of the
buffer. (See Sketches B and C found at the end of this chapter.)
See "established setback."
The distance from the building or use to the front lot line
or buffer as the case may be.
The distance from the building or use to the rear lot line
or buffer as the case may be.
The distance from the building or use to any lot line other
than to the front or rear lot lines or buffer as the case may be.
A structure or structures and customary parking and loading
areas providing for a variety of retail commercial establishments
managed as a unit and having the following characteristics:
A unified architectural treatment and identifiable
theme relating each of the commercial establishments within.
A common interrelated parking and site circulation
system with consolidated access to public roads.
Individual establishments oriented to pedestrian
traffic by access signs and display, which are not generally visible
or only incidentally visible to the parking areas.
Common amenities provided to patrons apart from
the commercial establishments, such as benches, site decoration and
landscaping, rest rooms and the like.
Common spaces which are available for public
assemblage, special events and local notices.[4]
A dwelling unit or rooming unit and/or any accessory outdoor
areas, yards or structures that are rented, in whole or in part, to
any transient person or entity for a period of 29 consecutive nights
or less. "Rental" means an agreement, written or oral, granting use
or possession of a residence, in whole or part, to a person in exchange
for monetary compensation or other valuable consideration. "Short-term
rental" shall also mean the selling of shares, time-share ownership
or the establishing of other ownership, tenancy or use arrangement
in which a person obtains a right of occupancy in all or any portion
of a residential dwelling unit, outdoor areas or accessory yards or
accessory structures for 29 consecutive nights or less. The term "short-term
rental" shall not include:
[Added 2-18-2021 by L.L.
No. 1-2021]
See Chapter 143 for word usage and definition for this and related terms.
[Added 2-19-2014 by L.L. No. 2-2014]
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.
A commercial establishment that performs financial transactions
such as receiving, investing and lending money. The establishment
includes a drive-up or drive-through service facility where said transactions
may be carried out by customers in motor vehicles. Said bank shall
be constructed on a pad, and shall not be attached to any other structure
or use.
Any establishment whose principal business is the sale of
foods and/or beverages in ready-to-consume servings, for consumption
either within the restaurant building or for carry out. Foods and/or
beverages are usually served in paper, plastic or other disposable
packaging and customers are not served their food or beverages by
a restaurant employee at the same table or counter where the items
are consumed. The establishment includes a drive-up or drive-through
service facility where food and beverages are delivered to customers
in motor vehicles. Said fast-food restaurant shall be constructed
on a pad, and shall not be attached to any other structure or use.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Each 10 feet or fraction thereof of height shall be deemed a "story"
in absence of finished floors.
A street, which is one of the following: an existing town,
Village, county or state highway or road; a public road shown on a
filed subdivision plat; or a street shown on the Official Map of the
Village.
A line, equidistant from each street line of a street or,
if no street line is established, the center line of the existing
pavement or, if the street is unpaved, the center line of the existing
traveled way.
See "frontage."
The right-of-way line of a street.
The line established by the Official Map as the street right-of-way,
whether or not in public ownership.
A combination of materials constructed, assembled or erected
on, above or below the ground or attached to something having location
on, above or below the ground, including but not limited to buildings,
fences, tanks, towers and swimming pools.
A student who is enrolled for no less than six weeks and
no less than 30 hours of instruction per week for elementary and secondary
schools, or 15 hours of instruction per week for postsecondary schools.
[Added 8-15-2018 by L.L.
No. 6-2018]
Supervisory staff including:
[Added 8-15-2018 by L.L.
No. 6-2018]
Teachers or professors of the school of general or special instruction
who perform no less than 15 hours per week of classroom instruction
for said school of general or special instruction; or
Any other employee of the school of general or special instruction
who performs no less than 30 hours per week of work for said school
of general or special instruction.
Any retail establishment offering for sale a combination
of commonly sold prepackaged food products, ready-to-eat food products,
fresh-grown products, fresh meat and fish, household items, sundries,
magazines, newspaper products, tobacco products, and similar goods
not for immediate consumption, but characterized by use in the home
or off site and having a gross floor area of more than 8,000 square
feet.
[Added 2-19-2020 by L.L.
No. 1-2020]
A recreational club with swimming facilities operated for
members and their guests, whether or not operated for gain.
IN-GROUND POOLA private swimming pool all of which with the exception of ladders, diving boards, and other usual accessories is located at or below grade. A natural pool or an artificial pool or structure made of concrete, masonry, metal or other impervious material intended for wading, bathing or swimming purposes.
ABOVEGROUND POOLA swimming pool or any portion of which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to the pool.
The Town of Ramapo, Rockland County, State of New York.
A vehicle, including but not limited to a mobile home, which
can be used for business, commercial or office purposes. The term
"trailer" shall include such vehicles mounted on temporary or permanent
foundations with the wheels removed.
A rental period of 29 nights or less.
[Added 2-18-2021 by L.L.
No. 1-2021]
An establishment that transacts retail sales anytime during
a twenty-four-hour period as an accessory business function to a local
convenience commercial use. The establishment may include a drive-through
service facility where said retail sales transactions are carried
out by customers in motor vehicles.
Land is "underwater" where it is so shown on the United States
Geological Survey (USGS) Maps which include the Village or where it
is within the channel lines of a classified stream as shown on the
Rockland County Drainage Agency Official Map or on maps showing wetlands
designated by NYSDEC or the Village. In addition, soils classified
as muck soils by the United States Soil Conservation Service based
on field investigations shall be deemed land underwater.
The specific purpose for which land or a building is used
or occupied or maintained.
See "accessory."
[Amended 6-22-2005 by L.L. No. 4-2005]
See "nonconforming use."
A means of transporting or carrying something.
See "animal hospital."
The Village of Montebello, County of Rockland, State of New
York.
See "distribution/warehousing."
[Added 2-19-2020 by L.L. No. 1-2020]
Open and unobstructed ground area of the plot, extending
inward from a lot line the distance specified in the requirements
for the district in which the lot is located. Where a buffer is required,
the buffer shall be deemed to commence at the lot line and the yard
requirement shall be deemed to commence from the interior line of
the buffer. (See Sketches B and C.[6])
A required yard extending along the full length of the front
lot line between the side lot lines.
An unoccupied required yard situated along the rear lot line
and extending the full width of the lot to the side lines of the lot.
[Amended 8-15-2018 by L.L. No. 6-2018]
An unoccupied required yard extending along a side lot line
from the required front yard (or from the front lot line if there
is no required front yard) to the required rear yard (or to the rear
lot line if there is no required rear yard).
[Amended 8-15-2018 by L.L. No. 6-2018]
[1]
Editor's Note: This local law also repealed the former definition
of “animal kennels” which immediately followed this definition.
[2]
Editor's Note: The definition of "contractors'
storage yards," which immediately followed this definition, was repealed
2-23-2005 by L.L. No. 2-2005.
[3]
Editor's Note: The former definition of "neotraditional neighborhood,"
which immediately followed this definition, was repealed 9-15-2010
by L.L. No. 2-2010.
[4]
Editor's Note: The definitions of "sign"; "sign, advertising"; "sign, announcement"; "sign, audio"; "sign, awning"; "sign, business identification"; "sign, canopy"; "sign, copy-change"; "sign, directional"; "sign, directory"; "sign display"; "sign, flashing"; "sign, freestanding"; "sign, identification"; "sign, illuminated"; "sign, integral roof"; "sign, off-premises"; "sign plan"; "sign, political"; "sign, portable"; "sign, projecting"; "sign, representational"; "sign structure"; "sign surface area"; "sign, suspended"; "sign, temporary"; "sign, wall"; "sign, wall area"; "sign, window," which immediately followed this definition, were repealed 2-19-2014 by L.L. No. 2-2014. See now Ch. 143, Signs.
[5]
Editor's Note: The table is included as an attachment to this chapter.
[6]
Editor's Note: Sketches B and C are included as attachments to this chapter.
