Certain words and terms are used in this chapter
for the purposes hereof and are defined as follows:
A.Â
Unless the context clearly indicates the contrary,
words used in the present tense include the future; the singular number
includes the plural, and the plural the singular.
B.Â
The word "person" includes a profit or nonprofit corporation,
company, partnership or individual.
C.Â
The word "shall" is mandatory and not directory; the
word "may" is permissive.
D.Â
The word "lot" includes the word "plot."
E.Â
The word "building" includes the word "structure."
F.Â
The word "use" and the word "used" refer to any purpose
for which a lot or land or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use;
and to any purpose for which a building or structure or part thereof
is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate use or building customarily incidental to and
located on the same lot occupied by the main use or building. The
term "accessory building" may include a private garage, a garden shed,
a children's playhouse and a private greenhouse and shall exclude
any building used for the stabling of horses or other animals or the
keeping of poultry.
Includes the following:
ADULT BOOKSTOREAn establishment with a substantial or significant portion of its stock-in-trade consisting of books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas, as defined hereinafter.
ADULT MOTION-PICTURE THEATERAn enclosed building or drive-in premises used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific anatomical areas, as defined hereinafter, for observation by patrons therein.
ADULT CABARETA cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
For the purposes of this definition, "specified
anatomical areas" include human genitals and the pubic region, buttock
and female breast, if such areas are less than completely and opaquely
covered.
A dwelling unit, occupied by no more than two people, with
individual kitchenettes and bathrooms, accompanied by support services
including the provision of at least 60 meals per month and personal-care
services such as medication, supervision and assistance with the activities
of daily living such as bathing, dressing, grooming, eating and ambulation.
[Added 12-1-1998 by L.L. No. 4-1998]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access, designed primarily for transient automobile
travelers and provided with accessory off-street parking facilities.
The term "auto court" includes buildings designed as tourist courts,
motor lodges, motels and other similar appellations, but shall not
be construed to include mobile or immobile trailers.
A story partly underground, but having at least 1/2 of its
height above the average curb level of the street abutting the front
of the lot or above the average finished grade level of the ground
immediately adjacent to the building.
A tract of land or a lot or group of lots bounded by streets,
public parks or parkways, railroad rights-of-way, unsubdivided land
or a boundary line or lines of the Village of Pelham, or any combination
thereof.
That portion of a block which abuts a single street.
A private dwelling in which at least two but not more than
six rooms are offered for rent, payable in money and/or other consideration,
where table board is furnished to lodgers and in which no transients
are accommodated and no public restaurant is maintained.
A structure constructed or erected on the ground, with a
roof supported by columns or walls. Structures divided by unpierced
masonry division walls extending from the ground through the roof
shall be deemed to be separate buildings.
The horizontal area measured around the outside of the foundation
walls and of the floors of roofed porches and roofed terraces, inclusive,
and including the area of accessory buildings if any. In the case
of split-level dwellings, the first floor area shall be deemed to
include floor areas on two nonoverlapping levels, separated by a half
story, more or less, of height.
All the provisions of this chapter which regulate the shape
and size (including height and floor area) of buildings or other structures;
the area of the lot and the location of buildings or other structures
thereon; the number and minimum floor area of dwellings; open areas;
and the interrelationship of buildings or other structures on the
same lot.
A space having more than one-half (1/2) its height below
the average curb level of the street abutting the front of the lot
or below the average finished grade level of the ground immediately
adjacent to the building. A "cellar" shall not be counted as a story.
[1]Care for a child on a regular basis provided away from the
child’s residence for less than 24 hours per day by a day-care
center that possesses a valid license from the State of New York,
excluding care provided in a family day-care home or group family
day-care home, as those terms are defined in the Social Services Law
and Part 413 of the Official Compilation of Codes, Rules and Regulations
of the State of New York
[Added 3-23-2021 by L.L. No. 2-2021]
A space either on the ground or above, excepting a main roof,
situated on the same lot with a building and which is unoccupied and
open to the sky and not a front yard, side yard or rear yard.
The greatest horizontal distance at right angles to the width.
The greatest vertical distance measured from the lowest level
of such court to the roof of the building.
Any court which is not an outer court.
A court extending to a street, front yard or rear yard.
The horizontal dimension parallel to the principal open side
in the case of an outer court; and the least horizontal dimension
in the case of an inner court.
A space below the first finished floor of a structure that
has a floor-to-ceiling height of no more than five feet and no more
than two feet of which shall be above average grade. A crawl space
shall not be counted as a story.
[Added 5-6-2003 by L.L. No. 3-2003]
The edge of the curb adjacent to the road. Where there is
no curb, the curbline will be interpreted as the outermost edge of
the road.
[Added 11-13-2007 by L.L. No. 7-2007]
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, not including the manufacture
of ready-to-wear or standardized products.
A lot or land or part thereof used primarily for disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, offal, sewage, trash, refuse, junk,
discarded machinery, vehicles or parts thereof or waste material of
any kind.
A building arranged, intended or designed to be occupied
by one family or not more than two families living independently of
each other upon the premises.
A dwelling unit containing sleeping quarters located in a
cellar.
A dwelling located on the same lot and to the rear of the
main building for which the lot is used.
A building containing two dwellings, each of which is arranged,
intended or designed to be occupied by one family, as defined in this
section, having one wall in common and having open and unoccupied
space on all sides.
The residential quarters occupied by one family, as defined
in this section.
[Amended 10-15-1991 by L.L. No.
4-1991]
The following living arrangements shall constitute a "family" for purposes of this Chapter 98:
A householder plus one or more persons related
to the householder or to the householder's spouse by blood, marriage,
legal adoption or guardianship, along with live-in servants, living
together and sharing meals in a domestic relationship as a single,
not-for-profit housekeeping unit sharing kitchen facilities in a dwelling;
A group of persons headed by a householder taking
care of or responsible for the care of a reasonable number of individuals
in a domestic relationship that, in theory, size, outward appearance
and structure, is the functional and factual equivalent of a traditional
family of related persons living together in a permanent family-like
arrangement and sharing meals as a single, not-for-profit housekeeping
unit sharing kitchen facilities in a dwelling; or
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A "filling station" may include accessory
facilities for rendering services such as lubrication, washing and
minor repairs with hand tools and the sale of automobile accessories.
A building or part thereof used for the storage or parking
of one or more motor vehicles.
An accessory garage maintained primarily for the convenience
of the occupant or occupants of the main building and in which no
business or other use is carried on and no service is rendered to
the general public.
Any garage other than a private garage. A public garage may
include filling station and service station facilities.
Petroleum; or any substance designated as a "hazardous substance"
under Section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321) and which is not a hazardous waste under Title 9 of Article
27 of the State Environmental Conservation Law; or any substance listed
by the State Environmental Conservation Department which because of
its quantity, concentration or physical, chemical or infectious characteristics
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating illness;
or any substance which poses a substantial present or potential hazard
to human health or the environment by reason of its flammability,
volatility, explosiveness or when it is improperly stored or otherwise
managed.
[Added 1-15-1985 by L.L. No. 1-1985; amended 3-5-1985 by L.L. No. 2-1985]
Includes, but is not necessarily limited to, all materials
or chemicals listed as "hazardous wastes" pursuant to Article 27 of
the State Environmental Conservation Law or all toxic pollutants defined
in Subdivision 19 of § 17-0105 of said law.
[Added 1-15-1985 by L.L. No. 1-1985; amended 3-5-1985 by L.L. No. 2-1985]
[Amended 5-6-2003 by L.L. No. 3-2003]
Subject to the provisions of § 98-102, the vertical distance to the highest point of the roof of a building or structure with a flat roof, or the midpoint between the ridgeline and the eaves for a building or structure with a pitched roof, measured as follows:
For a building that adjoins the front property
line or is not more than five feet from the street, measured in feet
or in stories from the average curb level.
For a building located more than five feet from
the street, measured in feet or in stories from the average finished
grade adjacent to the exterior walls of the building. For the purpose
of this definition, where the finished grade is made by filling it
shall not be measured more than three feet above the natural grade.
For a building that fronts on or is not more
than five feet from two or more streets, from the average curb level
of all adjoining streets.
Neither a cellar nor a crawl space shall be
included in the calculation of the height of a structure.
A basement shall be included in the calculation
of the height of a structure.
Figures A and B illustrate how height is measured.[2]
A customary personal service occupation, such as dressmaking,
millinery and home cooking, provided that such occupation shall be
conducted solely by members of the resident family and in the main
building only, that not more than the equivalent of one-third (1/3)
of the area of one floor shall be used for such purposes, that no
display of advertising other than a small nameplate and no display
of products made shall be visible from the street, that no stock-in-trade
shall be kept and that no mechanical or electrical equipment is used
except customary household equipment. Beauty parlors, barbershops
and hairdressing and manicuring establishments shall not be deemed
to be "home occupations."
The office or studio of a resident lawyer, certified public
accountant, architect, engineer, musician or teacher as herein restricted,
provided that not more than two persons are employed who are not members
of the family and that such office shall be confined to the main building,
excluding existing or future extensions thereof, and shall occupy
not more than the equivalent of 15% of the total livable floor area
and in no case more than 450 square feet, and further provided that
such office or use of the same shall not cause any change in the outward
residential appearance of said building. For the purposes of this
definition, a "teacher" shall be restricted to a person giving individual
instruction in a musical instrument, in singing or in academic or
scientific subjects to a single pupil at a time. Dancing instruction,
band instrument or voice instruction in groups, tea rooms, tourist
homes, beauty parlors, barbershops, hairdressing and manicuring establishments,
real estate and/or insurance offices, convalescent homes, mortuary
establishments, the purchase or sale of economic goods on the premises
and stores, trades or businesses of any kind not herein excepted shall
not be deemed to be "home professional offices."
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A "hospital" shall
be deemed to include a sanitarium, sanatorium, clinic, convalescent
home, nursing home, rest home or other building with an equivalent
appellation.
A hospital other than for mental patients, contagious or
infectious diseases or liquor or drug addicts.
A building or part thereof which has a common entrance and
which contains seven or more living and sleeping rooms designed to
be occupied by resident or transient individuals or groups of individuals
for compensation.
A dwelling unit, occupied by no more than two people, with
individual kitchens and bathrooms, where at least 25 meals per month
plus one or more of the following services are provided to residents
within the dwelling unit or in common facilities on site: laundry,
security and housekeeping.
[Added 12-1-1998 by L.L. No. 4-1998]
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration, radiation or excessive light beyond the limits
of its lot or by reason of generating excessive traffic with attendant
hazards and which does not include any open storage yard or outdoor
processing of materials.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of waste paper, rags, scrap metal
or other scrap or discarded material or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
A private dwelling in which at least two but not more than
six rooms are offered for rent, payable in money and/or other consideration,
where no table board is furnished to lodgers and in which no transients
are accommodated.
A parcel of land used or designed to be used by one use or
structure, or by a related group of uses or structures, and the accessory
uses or structures customarily incidental thereto, including such
open spaces as are arranged or designed and required in connection
with such structure or group of structures. A lot may be or may not
be the land shown as a single lot on a duly recorded plat or other
official record.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
The percentage of lot area that is occupied by the area of
building.
The mean distance between the middle point of the front lot
line and the middle point of the rear lot line. The greater frontage
of a corner lot is its depth and the lesser frontage is its width.
Any lot other than a corner lot.
Any boundary of a lot. Any lot line not a rear lot line or
a front lot line shall be deemed a side lot line.
The street line at the front of a lot. On a corner lot, the
"front lot line" shall be the lesser frontage on a street.
The lot line opposite to the front lot line.
Any lot line other than a front or rear lot line.
An interior lot extending from one street to another.
The distance measured at any point between the sidelines
of a lot measured at substantially right angles to the depth of the
lot.
[Amended 3-16-2004 by L.L. No. 1-2004]
The principal or most important use or building on a lot.
A service station engaged in the business of repairing the
body of motor vehicles (as defined in the New York Motor Vehicle Law)
and/or painting motor vehicles by means of any spraying device and
using more than one gallon of coatings and solvents per month.
[Added 11-20-2001 by L.L. No. 4-2001]
A building arranged, intended or designed to be occupied
by three or more families living independently of each other as separate
housekeeping units, or by two or more families above the first story
so living.
A structure lawfully existing on the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the bulk regulations or off-street parking and
truck loading regulations of this chapter for the district in which
it is situated, irrespective of the use to which such structure is
put.
Any use of a building, structure, lot or land, or part thereof,
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the use regulations
of this chapter for the district in which it is situated.
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 consideration.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
A religious nonpublic school that is: (1) located in a safe,
educationally appropriate environment; (2) certified by the Pelham
Union Free School District to be educationally equivalent to a public
school; and (3) incorporated by Westchester County or the New York
State Department of State via an affiliated religious institution.
[Added 12-14-2021 by L.L. No. 3-2021]
The Planning Board of the Village of Pelham, New York.
An independent nonpublic school that: (1) is located in a
safe, educationally appropriate environment; (2) is certified by the
Pelham Union Free School District to be educationally equivalent to
a public school; and (3) meets the following criteria:
[Added 12-14-2021 by L.L. No. 3-2021]
A not-for-profit independent nonpublic school incorporated as
an educational corporation with a New York State Board of Regents
Charter.
Notice of the time and place of a hearing, meeting or proceeding
printed in the official newspaper of the Village of Pelham, New York,
at least 10 days prior to the time of such hearing, meeting or proceeding,
unless otherwise provided by law.
A vehicle towed or self propelled on its own chassis or attached
to the chassis of another vehicle, that is designed or used for temporary
living, recreation or sporting purposes. The term "recreational vehicle"
shall include, but not be limited to, travel trailer, pickup campers,
camping trailer, converted trucks and buses, boat and skimobile trailers
and similar vehicles.
The area of all floors of the principal building on the lot
of a residence, measured to the exterior of the outside walls.
[Added 1-16-2007 by L.L. No. 1-2007]
The residential floor area excluding all space in unroofed
structures, such as decks and patios, unenclosed porches and porticoes,
basements, cellars, basement garages, and nonliving space in attics,
divided by the square footage of the property.
[Added 1-16-2007 by L.L. No. 1-2007]
An establishment whose principal business is the sale of
foods, frozen desserts and/or beverages packaged in a ready-to-consume
state, usually in paper, plastic or other disposable containers, for
consumption on the premises, either within or outside the restaurant
building or for carry-out and consumption off the premises.
A dish antenna or similar device designed to receive electromagnetic
or microwave signals from satellites or earth sources.
[Added 11-20-1984 by L.L. No. 9-1984]
A building or lot, or part thereof, devoted primarily to
repairs, servicing, washing or reconditioning of motor vehicles, excluding
sales of gasoline or other equivalent fuel for motor vehicles at retail
direct from pumps and storage tanks.
A use in one or more districts, for which the Board of Appeals may grant a permit, pursuant to the provisions of Article XIX.
That portion of a building included between the upper surface
of any floor other than a cellar floor and the upper surface of the
floor next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost floor
and the roof above.
A space under a sloping roof, which has the line of intersection
of the interior faces of the roof structure and main building wall
not more than three feet above the top floor level and in which space
the floor area with a head room of five feet or more occupies at least
60% of the total area of the story directly beneath.
Any road, highway, avenue, street, parkway, lane or other
way, public or private, set aside and commonly used by the public
for street purposes and shown upon the Village Map or upon a field
plat. The "street" shall include the entire area within the public
right-of-way, including any sidewalks, curbs, gutters and planting
strips.
The dividing line between a lot and a street.
Anything constructed or erected on or under the ground or
upon another structure or building.
A boarding- or lodging house in which rooms are rented primarily
to transient automobile travelers.
Attached or semidetached single-family dwellings that are
attached along common walls and occupy the space from the ground to
the roof. A townhouse does not share a common floor/ceiling with another
residential unit. Townhouses have an independent exterior entrance
and are owned in fee simple.
[Amended 4-18-2017 by L.L. No. 2-2017]
A lot or part thereof, with its appurtenant facilities, used
primarily for the parking of one or more trailers utilized on such
lot for living or sleeping purposes.
That area of a lot or structure, exclusive of driveways and
parking areas, which is suitable for outdoor recreation and sitting
areas and which is available to all occupants of the building.
A modification of the regulations of this chapter, granted by the Board of Appeals on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Article XIX.
An open unoccupied space on the same lot with a building
extending across the full width of the lot between the front lot line
and a line drawn parallel thereto. In the case of a through lot, each
street line shall be deemed a front lot line.
An open unoccupied space on the same lot with a building
extending across the full width of the lot between the rear lot line
and a line parallel thereto.
An open unoccupied space on the same lot with a building
bounded by the side lot line and a line drawn parallel thereto between
the front yard or, where no front yard exists, the front lot line
and the rear yard.
