Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
ACCESSORY BUILDING and ACCESSORY STRUCTURE[Added 7-17-2007 by L.L. No. 10-2007]
(1)
Applies to a building or structure which is
detached from and clearly incidental or subordinate to and customary
in connection with the principal building and which is located on
the same tax lot with such principal building. No residential building
at dwelling shall be considered or allowed as accessory to any other
residential building or dwelling.
(2)
Accessory buildings and accessory structures
shall not:
(a)
Be occupied or used as a dwelling unit, abode
or residence;
(b)
Be greater than 15 feet in height;
(c)
Be greater than 350 square feet, in site coverage
(footprint);
(d)
Be closer than three feet to any lot line;
(e)
Be located in a front yard; and
(f)
Have piped hot water for use in cooking, washing
or bathing.
(3)
The floor area of accessory buildings and accessory
structures detached from the principal building shall be included
in the computation of maximum permissible floor area ratio for the
principal building. Accessory buildings and accessory structures attached
to a principal building will be deemed to be part of such principal
building in applying the bulk regulations to such principal building.
ACCESSORY USE
Applies to a use which is clearly incidental or subordinate
to and customary in connection with the principal use and which is
located on the same tax lot with such principal use.
[Added 7-17-2007 by L.L. No. 8-2007]
ALTERATIONS
As applied to a building or structure, a change in the number
of rooms, a rearrangement in the structural parts or in the exit facilities,
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground.
BOARDINGHOUSE
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a boardinghouse.
BUILDABLE LOT
The most recently recorded piece, plot or parcel of land,
or assemblage of recorded contiguous parcels of land, all in common
ownership and designated on the official Tax Maps or official records
of the Village of Piermont as an independent tax parcel or combined
tax parcels, which singly or collectively meet the dimensional requirements
of this Zoning Code, including but not limited to the regulations
listed on the Table of General Bulk Regulations; §
210-68, Off-street parking; and §
210-69, Off-street loading, those for the approval of a site plan or subdivision, for the issuance of a building permit to construct or establish principal or accessory buildings and uses, or any changes or adjustments to existing lot lines. The minimal lot area necessary to establish a buildable lot and thereby eligible for the application of the Zoning Code Regulations shall not include submerged or flooded land areas, rivers, stream beds or ponds (watercourses), which watercourses are subject to tidal waters of New York State as delineated by the water surface elevation of mean high tide, and shall not include any submerged or any flooded areas, perennial or intermittent stream beds, or pond areas of the freshwater section of the Sparkill Creek, designated as New York State Department of Environmental Conservation Waters Index No. 8-8a (6 NYCRR 935.6).
[Added 8-21-2001 by L.L. No. 7-2001]
BUILDING
Any structure having a roof and intended for the shelter,
housing or enclosure of persons, animals or chattel.
BUILDING LINE
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
BULK
The size and shape of buildings and nonbuilding uses and
the physical relationship of their exterior walls to plot lines and
other buildings or other walls of the same building. Bulk regulations
for a lot and its uses include regulations dealing with maximum area,
frontage, width, spacing between buildings on a single plot, yards,
courts, usable open space and the maximum ratio of aggregate gross
floor area to the area of the plot, height and the length of buildings.
BULK, NONCONFORMING
The part of a building or nonbuilding use which does not
conform to one or more of the applicable bulk regulations of this
chapter.
CABANA
A small shelter intended for use primarily by boaters and
bathers for changing clothes and storing equipment, which may include
sanitary facilities but having no sleeping, kitchen or other domestic
amenities.
CANNABIS BUSINESS, RETAIL
A cannabis-related business licensed by NYSOCM to operate
one of the following business types: adult-use retail dispensary or
adult-use delivery.
[Added 12-12-2023 by L.L. No. 8-2023]
CHANGE OF USE
Includes a change from one permitted use to another, and
from a nonconforming use to a permitted use, and also shall include
a generic use change, e.g., a change from the manufacture of paperboard
to the manufacture of clothing or the reprocessing of paperboard to
the reprocessing of clothing.
COURT
An unobstructed open area bounded on three or more sides
by the wall of a building or buildings. An outer court extends to
a street or yard, while an inner court does not so extend.
DEMOLITION or DEMOLISH
Any act, action or process that dismantles, destroys, knocks
down, obliterates, wrecks, disassembles, razes or tears down 50% or
more of the aggregate floor area of a building or structure. Aggregate
floor area, for purposes of this definition only, shall include terraces,
unroofed open porches and steps.
[Added 3-27-2007 by L.L. No. 4-2007;
amended 7-14-2020 by L.L. No. 5-2020]
DIMENSIONALLY NONCONFORMING
The status of a building or structure that is conforming
in use but does not conform to the lot dimension, yard dimension,
height, building coverage, impervious surface coverage, floor area
ratio, off-street parking or loading space or other similar dimensional
requirements of this Zoning Code, and which either predated the Zoning
Code or for which a building permit has been heretofore issued and
the construction of which was diligently prosecuted within three months
of the date of such permit and the ground-story framework of which,
including the second tier of beams, shall have been completed within
nine months of the date of the permit and which entire building shall
be completed according to such plans as filed within one year from
date of this chapter.
[Added 8-21-2001 by L.L. No. 7-2001]
DUSTLESS SURFACE
One adequately covered with screening, 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.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein.
DWELLING UNIT or DWELLING
A dwelling, abode, residence. building or structure. or portion
thereof, providing complete living facilities for one family or individual.
[Amended 7-17-2007 by L.L. No. 9-2007]
FAMILY
Any number of individuals related by blood, marriage or adoption,
or not more than four persons who are not so related, living together
as a single housekeeping unit, using rooms and housekeeping facilities
in common and having such meals as they may eat at home generally
prepared and eaten together.
FILLING STATION
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of motor fuels or motor
vehicle accessories, and which may include facilities for lubricating,
washing or other minor servicing of motor vehicles, but not including
body work, major repair or painting thereof by any means.
FLOOR AREA
The sum of the gross horizontal areas of every floor of a
building, measured from the exterior faces of exterior walls or from
the center line of party or common walls separating two buildings,
including basement space; attic space, whether or not a floor has
been laid, over which there is structural headroom of seven feet or
more; floor space used for mechanical equipment with structural headroom
of seven feet or more; elevator shafts and stairwells at each floor;
roofed porches, breezeways, interior balconies, mezzanines and penthouses;
and any roofed-over space such as a garage or carport for off-street
parking accessory to a single-family or two-family dwelling. However,
floor area does not include terraces, unroofed open porches and steps.
Regardless of the internal arrangement of a building, it shall be
deemed to have at least one floor for the first 25 feet of height
or fraction thereof, and for floor height over 25 feet, the floor
area shall be the result of the actual floor multiplied by the quantity
resulting from the division of the actual height of the story by 25:
[Amended 9-4-2018 by L.L.
No. 3-2018; 7-14-2020 by L.L. No. 5-2020]
|
Actual floor area
|
X
|
height in feet
25
|
=
|
floor area
|
FLOOR AREA RATIO
The floor area, in square feet, of all buildings on a lot,
divided by the area of such lot in square feet.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
GARAGE, PUBLIC
A building used for the storage of motor vehicles which contains
space rented to the general public by the hour, day, week, month or
year.
HEIGHT, BUILDING OR STRUCTURE
The vertical distance measured from the level of the existing
natural grade to the highest point of the roof perpendicular to that
grade, including cupolas, gables, belvederes, widow's walks and similar
projections, except chimneys, flues and sewer vent pipes that do not
extend higher than five feet above the highest point of the roof or
higher than the minimum distance required by the Building, Fire, Residential
and Property Maintenance Codes of the State of New York (as may be
applicable). In determining the level of the existing natural grade,
the Building Inspector may require a current topographical survey
indicating surface contours at two-foot intervals.
[Added 7-17-2007 by L.L. No. 11-2007]
HOME OCCUPATION
A profession or other occupation not otherwise permitted
in the district, which is conducted as an accessory use on a residential
lot by one or more members of the family residing on the premises.
LINE, STREET
The dividing line between the street and the lot. For purposes
of this definition only, the term "street" shall mean a public way,
public street, public road or public thoroughfare, or a private road,
private street or private driveway, which affords legal access to
abutting property.
[Added 7-22-2008 by L.L. No. 4-2008]
LOT
A recorded piece, plot or parcel of land or assemblage of
recorded contiguous parcels of land, all in common ownership and designated
on the Assessor's records as a single parcel, occupied or to be occupied
by principal and accessory buildings and uses, and including required
usable open space required by this chapter.
[Amended 8-21-2001 by L.L. No. 7-2001]
LOT AREA
The total area included within lot lines.
[Added 8-21-2001 by L.L. No. 7-2001]
LOT COVERAGE
That percentage of lot area covered by the ground floor/footprint
area of all buildings and structures sited thereon, including parking
areas, driveways and all impermeable or impervious surfaces.
[Added 7-22-2008 by L.L. No. 4-2008]
LOT FRONTAGE
The horizontal distances measured along the full length of
a street line abutting the lot.
LOT LINE, FRONT
The street line along the principal street on which the lot
abuts and which provides access to the lot. In the case of a lot having
less than the minimum lot width, the front lot line shall be deemed
to be that which is closest to being parallel to the street which
provides access. In the case of flag lots, the front lot line shall
be deemed to be a straight line parallel to the street equal to or
greater in length than the minimum lot width drawn between and connecting
the two side lot lines. In the case of flag lots, the required front
yard shall be measured from the front lot line as determined above.
[Amended 7-22-2008 by L.L. No. 4-2008]
LOT LINE, REAR
Any lot line opposite the front lot line, which is parallel
to the front lot line or which connects side lot lines, lying wholly
within the lot and farthest from the front lot line, but should this
be less than 10 feet in length or should the lot come to a point at
the rear, the rear lot line shall be deemed to be a line parallel
to the front lot line, not less than 10 feet in length.
[Amended 7-22-2008 by L.L. No. 4-2008]
LOT LINE, SIDE
Any lot line not a front lot line or a rear lot line, separating
the lot from the immediately adjacent lot, including a lot line of
an offset portion of a lot.
[Amended 7-22-2008 by L.L. No. 4-2008]
LOT, THROUGH
A lot, other than a corner lot, having frontage on two streets.
LOT WIDTH
The distance between side lot lines measured along a line
parallel to the front lot line or, where the front lot line is not
a single straight line, to a straight line connecting the end points
of the front lot line, drawn through the point of the principal building
nearest to the street.
MARINA
A boat basin, dock or facility providing anchorage, mooring,
servicing, storage and supply facilities for watercraft, whether on
or below land and above, on or below water.
PARKING LOT
Any plot used for the storage of motor vehicles which contains
space either rented to the general public by the hour, day, week,
month or year or used in connection with any business or industry.
PARKING SPACE
The area required for parking one automobile is defined in
this chapter as an area nine feet wide and 18 feet long, not including
passageways.
[Amended 11-17-2015 by L.L. No. 3-2015]
POLLUTION
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant or animal life or to property.
ROOF LEVEL
The average level of the ceiling of the top story of a building.
SCREEN or SCREENING
(1)
Either:
(a)
A strip at least four 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, to a maximum height of six feet within three
years; or
(b)
An opaque wall or barrier of uniformly painted
fence at least six feet high.
(2)
Either Subsection
(1)(a) or
(b) above shall be maintained in good condition at all times and may have normal entrances and exits but shall not have signs affixed to or hung in relation to the outside thereof, except, for each entrance, one directional arrow and the name of the establishment with "For Patrons Only" or like limitation not over two square feet in area, which shall be nonilluminated. When required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties.
SETBACK
The distance between a building and the street line nearest
thereto.
SIGN
Any structure, or part thereof, or any device attached to
a structure or painted or represented on a structure, which shall
display or include any letter, word, model, banner, flag, pennant,
insignia, device or representation used as, or which is in the nature
of, an announcement, direction or advertisement. A sign includes any
billboard but does not include the flag, pennant or insignia of any
nation or group of nations or of any state, city or other political
unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event. However, a sign as defined herein shall not include a similar
structure or device located within a building.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere other
than upon the same lot.
SIGN AREA
The area within the shortest line that can be drawn around
the outside perimeter of the face of a sign, including all decoration,
but excluding supports, if any, unless the same are illuminated as
illumination is defined under "sign, illuminated." In computing the
total sign area of a directly illuminated sign, the area of the faces
of all signs shall be counted, and any neon tube, string of incandescent
lights or similar device shall be considered as having a minimum dimension
of three inches.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted or to products sold upon the lot.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not
maintained stationary and constant in intensity and color at all times
when in use.
SIGN, ILLUMINATED
Any sign designed to give forth any artificial light or designed
to reflect such light deriving from any source which is intended to
cause such light or reflection.
SIGN WALL AREA
Total area of a wall on which a sign is mounted. The area
of the wall to be considered should be in one plane. Walls intersecting
at an interior angle of more than 135º shall be considered one
wall.
STORY
That portion of a building included between the surface of
the floor next above it or, if there is no floor above it, then the
space between the floor and the ceiling next above it. A basement
shall be counted as a story if the ceiling is more than five feet
above the level from which the height of the building is measured
or if it is used for business purposes or for dwelling purposes by
other than a janitor or watchman.
[Amended 7-14-2020 by L.L. No. 5-2020]
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STREET
An existing state, county or town highway or a street shown
on the Official Map of the Village, on a plot approved by the Planning
Board or on a plot duly filed and recorded in the office of the County
Clerk of Rockland County prior to the grant to the Planning Board
of the power to approve Village plots.
STREET CENTER LINE
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.
STRUCTURE
Any type or form of construction above or below ground and
on, above or below water.
SUBDIVISION
The division of a lot, recorded piece, plot or parcel of
land or assemblage of recorded contiguous parcels of land into two
or more buildable lots, occupied or to be occupied by principal and
accessory buildings and uses and including required usable open space,
or other divisions of land for the purpose, whether immediate or future,
of transfers of ownership, building development with or without streets
or highways, or for any other purpose, except that this shall not
apply where primarily only the dimensions of existing lots are changed
and additional buildable lots are not created.
[Added 8-21-2001 by L.L. No. 7-2001]
THEATER, INDOOR
A building or part of a building devoted to the showing of
moving pictures or stage performances on a paid-admission basis.
USABLE OPEN SPACE
That part of the ground area of a plot for a multifamily
residence, not exceeding 20% grade devoted to outdoor recreational
space, greenery and service space for household activities which are
normally carried on outdoors; not devoted to private roadways open
to vehicular transportation or accessory off-street parking spaces;
accessible and available to all occupants of dwelling units for whose
use the space is required; and having a minimum dimension specified
in the bulk regulations. Usable open space may be counted as part
of any required yard.
USE
The specific purpose for which land or a building is denied,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
USE, FIRST PERMITTED
A use permitted in a district by right or special permit
which is not so permitted in a previous district.
USE, NONCONFORMING
A building, structure or use of land existing at the time
of enactment of this chapter and which does not conform to the use
regulations of the zoning district in which it is situated.
YARD, FRONT
The area extending across the full width of the lot, between
the front lot line and a line drawn parallel thereto at a distance
equal to the respective minimum yard setback dimension required by
the bulk regulations of this chapter.
[Amended 7-22-2008 by L.L. No. 4-2008]
YARD, REAR
The area extending across the full width of the lot between
the rear lot line and a line drawn parallel thereto at a distance
equal to the respective minimum yard setback dimension required by
the bulk regulations of this chapter.
[Amended 7-22-2008 by L.L. No. 4-2008]
YARD, REQUIRED
The area between a lot line and a line running parallel thereto
measured a distance equal to the applicable minimum yard setback dimension
required by the bulk regulations of this chapter for that lot line.
[Added 7-22-2008 by L.L. No. 4-2008]
YARD, SIDE
The area between the side line of the lot and a line drawn
parallel thereto at a distance equal to the respective minimum yard
setback dimension required by the bulk regulations of this chapter,
and extending between the front yard and the rear yard. Any lot line
not a rear line or a street line shall be deemed a side line.
[Amended 7-22-2008 by L.L. No. 4-2008]