Village of Brewster, NY
Putnam County
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A. 
General. The words used in this chapter shall have the meanings commonly associated with them. Any doubts as to the precise meaning of any word and/or phrase shall be determined by the Zoning Board of Appeals in accordance with the purpose and intent of this chapter.
B. 
Definition of special terms. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY SINGLE-FAMILY DWELLING
A secondary dwelling, within an existing legal one-family dwelling, which is subordinate to the principal single-family dwelling in terms of size and location within the existing structure.
ACCESSORY USE OR BUILDING
A subordinate use or building customarily associated with and located on the same lot occupied by the primary use or building. The term "accessory building" may include a private garage, deck, shed or barn, a private playhouse and a private greenhouse. An accessory use may not constitute more than 20% of the total floor area of the principal permitted use. An accessory building may not be located in a front or side yard and must be set back a minimum of five feet from any lot line.
ACRE
A land area having 43,560 square feet within its boundaries.
ADULT BOOKSTORE OR VIDEO STORE
Any person, establishment or business, whether retail or wholesale, having more than 50% of the sales and/or rentals of recordings, books, magazines, periodicals, films, DVDs/videotapes/cassettes or other viewing materials for sale or viewing on or off the premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this chapter.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless dancers, bottomless dancers, strippers, male or female impersonators or erotic dancers or other similar entertainment, either on a regular or sporadic basis, and which establishment is customarily open to the public generally but excludes any minor by reason of age.
ADULT HOTEL/MOTEL
A hotel or motel which is open to the public generally but which offers a sleeping room for rent for a period of time that is less than 10 hours or makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would be open to the public generally but would exclude any minor by reason of age.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building or structure or portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT-ORIENTED BUSINESS
Any establishment, including but not limited to adult bookstores or video stores, adult motion-picture theaters, adult entertainment cabarets, peep shows, adult hotel or motels or similar adult entertainment establishments, where greater than 50% of the sales and/or rentals include sexually explicit books, magazines or other periodicals, novelty items, films, slides, videotapes or other sexually explicit material; or there is performed live entertainment and/or other services which are intended to provide sexual stimulation or gratification and which are characterized by fondling or other erotic touching of genitals, pubic region, buttocks or female breast and/or showing, for observation by patrons, any portion of the genitals, pubic area, buttocks or that portion of the female breast referred to as the "areola" or "nipple," including any other live entertainment which might by law restrict access to exclude minors given the sexually explicit nature of the business or material which is conducted.
ALLOWED USE
A permitted or conditional use of land that may be established with a land use permit and, where applicable, design review and/or building permit approval, subject to compliance with all applicable provisions of this chapter. Any parcel or structure may be approved with one or more of the land uses identified by the Zoning Schedule[1] as being allowable within the applicable zoning district, subject to all applicable requirements of this chapter.
ALTER
To change, enlarge or rearrange the structural parts or the facilities of a structure or to move a building from one location or position to another.
ALTERNATIVE CARE HOUSING
A facility designed for those persons who are unable to live independently and require full-time supervision.
AMUSEMENT DEVICE, MECHANICAL
Any machine which, upon the payment of a charge or upon insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, but is not limited to, such devices as electronic video games, marble machines, pinball machines, skill ball, mechanical grab machines, electronic bowling machines, electronic driving machines, electronic baseball, basketball, football or hockey machines, and any and all air-propelled or mechanically propelled machines or games, shooting games, billiard tables or pool tables except if located in a pool or billiard hall, and all games, operations or transactions similar thereto under whatever name they may be indicated, whether or not electronically operated.
AREA, BUILDING
The total of areas, taken on a horizontal plane at the median grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, decks and steps.
ART GALLERY
A premises used principally for the sale, display and exhibition of fine arts and craft products. An art gallery may include accessory production or instruction in the production of arts and crafts using paint, clay, fabric or other medium, but does not involve the use of electrical tools or processes.
ARTIST LOFTS
The work space of an artist that includes an accessory residential space intended only for the artist utilizing the work space.
ARTIST STUDIOS
A place where artists, artisans, craftsmen and other skilled tradespeople produce custom-made art or craft products, where they teach such skills, and/or where they sell such art or products.
ASSISTED LIVING FACILITIES
A residential facility for age 55 or older who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispensing of medicines, shopping, appointments and other tasks.
AUTOBODY REPAIR
The repair of the body of an automobile, including the replacement of body parts, priming and painting thereof.
AUTOMOBILE DEALERSHIP
A commercial business primarily housed in a structure that sells or leases new or used motorcycles, automobiles, vans or trucks which may include as an accessory use the repair and maintenance of vehicles that are similar in nature to those for sale or lease at the site.
AUTOMOTIVE REPAIR
The mechanical, electrical or computer-related maintenance, service or repair of an automobile, excluding autobody repair.
BAR
A business enterprise primarily engaged in the retail sale of alcoholic beverages by the drink for consumption on the premises.
BASEMENT
That portion of a building wholly or partly underground which extends no more than four feet above the average level of the finished grade adjacent to the exterior walls of the building. The word "basement" includes the word "cellar." A basement/cellar is not counted in computing the intensity of development as measured by floor area ratio.
BED-AND-BREAKFAST
A dwelling having a resident host in a private single-family home or in the primary dwelling of a two-family home with common dining and leisure rooms and lodging rooms for overnight accommodations, the rates for which include breakfast and lodging only, and in which no public restaurant is maintained and no other commercial services are offered. The bed-and-breakfast shall have not more than two adult lodgers and their minor children per bedroom in at least one and not more than five dedicated guest rooms. The period of accommodation shall be of a clearly temporary nature. A bed-and-breakfast shall not be used as a boarding house.
BILLBOARD
A permanent off-premises outdoor advertising sign erected, maintained or used for the purpose of commercial or noncommercial messages.
BILLIARD HALL
Any premises, business or establishment that maintains three or more billiard tables or pool tables available for public use.
BOARDING HOUSE
A dwelling unit or part thereof in which, for compensation, lodging and meals are provided. The period of accommodation shall be at least 30 consecutive days.
BUFFER STRIP
Open spaces, landscaped areas, planters or potted vegetation, fences, walls, berms, or any combination thereof used to physically separate or screen one use of property from another so as to visually shield or block noise, lights, or other nuisances.
BUILDING
Any structure having a roof supported by columns and/or by walls or self-supporting, including a factory-manufactured structure, and intended for public, residence, business, assembly or storage purposes. Terms shall exclude accessory buildings.
BUILDING HEIGHT
The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the distance between the eaves and the ridge level for gable, hip, and gambrel roofs. Mechanical equipment, chimneys, air conditioners, elevator penthouses, church spires and steeples, water towers, and similar appurtenances are exempted from height restrictions.
BUILDING LENGTH
The least horizontal distance between the furthermost exterior face of the walls of the building, including any carports or porches.
BUILDING LINE
The closed traverse upon a lot which exactly encloses the exterior limits of a building.
BUILDING, MAIN
A building in which is conducted the main or principal use of the lot on which it is located.
BULK
A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building and all open spaces required in connection with a building, other structure or tract of land.
BUSINESS INCUBATOR SPACE
Incubators are facilities in which a number of new and growing businesses operate under one roof with affordable rents, sharing services and equipment, and having equal access to a wide range of professional, technical and financial programs.
CABARET
Any room, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which entertainment is provided as a primary function of the establishment. Such entertainment may include music performed either by a live musician or musicians, or any mechanical, electronic or other means, such as records, laser discs, audio or video tapes or other audio or audiovisual means; this does not include the operation of a theater, and excludes all adult entertainment cabarets. Also included as entertainment is any act, play, revue, pantomime, scene, dance act or song-and-dance act participated in by one or more employees, guests, customers or any other person or persons. A cabaret is not intended to include the live performance of music during the course of operating a business, as long as customers are not charged a fee to attend the live performance, and where the live performance is not the primary function of the business operation.
[Amended 10-2-2019 by L.L. No. 4-2019]
CELLAR
See "basement."
CENTER LINE
An imaginary line on the precise center of a street, driveway, roadway or similar feature.
CHURCH/PLACE OF WORSHIP
Any structure or parcel used for worship or religious instruction, including social and administrative rooms accessory thereto.
CIVIC, COMMUNITY OR CULTURAL USE
Any structure or parcel used for the primary purpose of benefiting the community through civic activities or organizations, for cultural events or activities, and which is not conducted by a for-profit entity.
CLUSTER
A form of development that concentrates buildings in specific areas on a site to allow for the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
COMPREHENSIVE PLAN
A plan for development of the Village prepared by the Planning Board which indicates the general location recommended for various public works and reservations and for the general physical development of the Village and includes any part of such plan separately adopted and any amendment to such plan, or parts thereof.
CO-WORKING SPACE
A shared office environment that allows various individuals and groups to operate, independently or collaboratively.
(1) 
A care facility provided by a person and the required number of assistants for seven or more children, depending on age, in accordance with a strict staff/child ratio, for more than three hours per day but less than 24 hours per day.
(2) 
A dwelling unit where care is provided by the resident for three and not more than six children (two additional children may be cared for after school, bringing the total after school to eight) away from their home by a resident of a dwelling unit for less than 24 hours per day, when such care is provided for more than five hours per week and less than 24 hours per day.
(3) 
A dwelling unit where care is provided by the resident for up to 10 children of all ages (four additional children may be cared for after school, bringing the after-school total to 14) for less than 24 hours per day.
DECK
A covered or uncovered platform area projecting from the outside wall of a building, accessible at or from above grade and attached to the ground.
DENSITY
The measure of the number of dwellings permitted per gross acre of land contained within each district.
DRY-CLEANING STORE
A business for the drop off and pick up of clothing and other personal items for dry-cleaning purposes, in which the dry-cleaning of the items is not performed on the premises.
DUST
Solid particulate matter capable of being airborne or gasborne.
DWELLING
A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units.
DWELLING, SENIOR
A dwelling in which at least one of the residents is a minimum of 55 years or older and services, such as transportation, recreation or healthcare, are provided to accommodate the needs of the senior residents.
DWELLING, SINGLE-FAMILY
A dwelling containing one dwelling unit only.
DWELLING, SINGLE-FAMILY ATTACHED
A dwelling unit having common walls with one or more other dwelling units.
DWELLING, SINGLE-FAMILY DETACHED
A dwelling unit that is freestanding and not attached to any other dwelling unit. See also "dwelling, single-family."
DWELLING, TWO-FAMILY
A dwelling containing two dwelling units only.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
FAMILY
One or more persons occupying a dwelling unit and living as a single housekeeping unit.
FENCE HEIGHT
The distance measured vertically from the natural ground, prior to any grading, filling or modification, to the top of each span of a fence or to the top of a combination of wall and fence. In determining fence height, posts, post caps, post tops, pillars and gates are excepted.
FENCE, WALL, GATE, PILLAR and BERM
Any structure, including a fence, wall, gate, pillar or earthen berm, regardless of composition, except those comprised of living plants, that is erected or maintained for the purpose of enclosing, separating or screening a piece of land or a building.
FILED MAP
Any map, survey or plat filed in the County Clerk's office of Putnam County.
FITNESS CENTER/RECREATION FACILITY
A building which is used for sports, health and recreational uses by the general public or by members not restricted to living within a specified area (as in a homeowner's association or multiple-family development), which normally operates for a profit. Such facilities include, but are not limited to, tennis or racquetball courts, swimming pools, weight training, exercise classes, health spas and other similar uses.
FLOOR AREA, GROSS
The sum of the horizontal areas of the full stories and half stories of the building or buildings, measured from the exterior faces of exterior walls or, in the case of a common wall separating two buildings, from the center line of such a common wall, and including any two-story or any enclosed porch or one having a roof and capable of being enclosed.
FLOOR AREA RATIO
The gross floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
FRONTAGE
The extent of a building or a lot along a street as defined herein.
FRONT WALL
The wall nearest to and facing the street on which the lot fronts.
FRONT YARD SETBACK
A line parallel to the front lot line and at a distance therefrom equal to the minimum front yard dimension for the district in which located. In case of a corner lot for commercial property, the Planning Board shall determine which line is the front line. In the case of a residential corner lot, the Code Enforcement Officer shall determine which line is the front line.
FUNERAL HOME
A dwelling or other structure used by a professional licensed mortician for burial preparation and funeral services.
GARAGE
A building or part thereof used for the storage or parking of one or more motor vehicles.
GARAGE, PRIVATE
An accessory use maintained exclusively for the convenience of the occupant or occupants of the primary building or structure and in which no business or other use is carried on and no service is rendered to the general public.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, excluding facilities for lubricating, washing or otherwise servicing motor vehicles, and excluding automotive body repair work and painting thereof by any means. Such use may include as an accessory use the retail sale of goods or merchandise to the general public for personal or household consumption.
GENERAL BUSINESS
Trade shops, including painting, plumbing, carpentry, woodworking, printing, copying and assembling, building contracting, machine printing and general repair shops.
GRADE, ESTABLISHED STREET
The permanently established elevation of the center line of a street in front of the midpoint of the lot.
GRADE, FINISHED
The final elevation of any point along a building shall be the completed surfaces of lawns, walks and roads adjoining the wall of the building at that point.
HISTORIC STRUCTURE
Any structure listed on the United States Department of the Interior's National Register of Historic Structures or any structure designated by an agency of the Village or the county or an organization recognized for such purposes by the Village or county. Such structure shall be deemed to have particular value because of its character, age and architectural quality.
HOME OCCUPATION/PROFESSIONAL OFFICE
An occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Home occupations shall be limited to:
(1) 
A professional licensed by the State of New York, or by a nationally recognized professional society, or Putnam County.
(2) 
An artist or teacher giving individual instruction to no more than two students at a time.
(3) 
A single individual conducting computer or technical work who works alone within the residence.
(4) 
A single individual engaged in crafts, such as dressmaking or home baking, provided that retail sales are not involved on the premises and, furthermore, that the storage of all materials and supplies for the occupation shall be located within a building and the total floor area for the occupation shall not exceed 20% of the gross floor area of the dwelling.
IMPERVIOUS COVER
Those surfaces in the urban landscape that cannot effectively infiltrate rainfall, such as building rooftops, pavement, sidewalks and driveways.
INDUSTRY, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in the storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHT
Industrial uses such as manufacturing, processing and assemblage that are of a nonpolluting nature, particularly in regard to reservoir and groundwater resources.
JUNKYARD
The use of more than 200 square feet of the area of any lot, whether inside or outside of the building, or the use of any portion of that half of any lot which joins any street for storage, keeping or abandonment of junk or scrap materials or the dismantling or demolition of automobiles; provided, however, that nothing herein contained shall permit or allow the burning or other combustible demolition of automobiles or other vehicles or machinery or any part or parts thereof. The word "machinery" is defined as any kind of furniture, fixture, machine, facility or other personal property brought upon said premises for the purpose of demolition, destruction, wrecking or other elimination of the same, as well as any activity which creates, permits or allows the emission of a noxious odor, smoke, dust or other material into the air, including fumes therefrom. This provision shall not be in derogation of or violation of any provision of state law, ordinance or other rule, regulation or statute prohibiting the use of any premises for the burning and destruction of materials, as now provided or hereafter provided.
LAUNDROMAT
Self-service establishment with machines that are used for the washing and drying of clothes and other personal items, such as towels and bedding.
LIBRARY
A building in which literary, musical, artistic and reference materials (such as books, manuscripts, recordings or films) are kept for use by the public, but which are not generally for sale.
LIVE-WORK UNIT
Unit designed to provide space to conduct a business or trade, including offices, studios, craft workshop area or laboratory space and/or to be occupied as an apartment.
LOADING SPACE
A stall or slot which is designed and intended for the parking of one truck while unloading. Such a space shall have its dimensions equal to or exceeding 12 feet in width and 30 feet in length with a vertical clearance of 15 feet.
LOT
All contiguous land in single ownership as evidenced by deed or deeds recorded in the office of the Putnam County Clerk. Public, institutional, attached single-family, multifamily, commercial or industrial buildings, buildings or groups of buildings under the same ownership may be considered as occupying the same lot.
LOT AREA
The total horizontal area included within lot lines. Land lying outside a given zoning district shall not be used to satisfy a lot area requirement in any other district.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets. A lot abutting upon a curved street shall be considered a corner lot if the central angle of the curve is less than 135°.
LOT COVERAGE
Lot coverage is that portion of a zoning lot which, when viewed from above, is covered by a building. Permitted obstructions are not counted towards lot coverage calculations. At-grade green space, or open public plazas built on top of a below-grade parking structure, is not counted towards lot coverage calculations.
LOT DEPTH
The mean horizontal distance between the side lot lines, measured at right angles to the lot depth.
LOT FRONTAGE
The continuous width of a lot measured along the street.
LOT LINE, FRONT
The line separating the lot from the street.
LOT LINE, REAR
The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length or if the lot is triangular, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT LINES
The property lines bounding on a lot as defined herein.
LOT LINE, SIDE
Any lot line other than the front lot line and rear lot line.
LOT WIDTH
The mean width of a lot measured at right angles to its depth.
MANUFACTURED HOME
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include a "mobile home" as defined in Subdivision a5 of Real Property Law Article 7, § 233, and shall include a structure which meets all the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and is certified in accordance with the New York State Building Code.
MANUFACTURED HOME PARK
A contiguous parcel of privately owned land which is used for the accommodation of three or more manufactured homes occupied for year-round living.
MASTER PLAN
See "comprehensive plan."
MEDICAL CLINIC
A facility used for the diagnosis and treatment of outpatients.
MEDICAL LABORATORY
A facility used for diagnostic testing for health-related matters.
MEDICAL OFFICE
A building or part of a building in which the practice of one or more of the professions of medicine, psychiatry, psychology, dentistry or optometry is carried on or in which the treatment of humans by osteopathy, acupuncture or chiropractic is carried out and also includes any drugless practitioner. Medical offices may provide services such as imaging or diagnostics, or urgent care. The term "drugless practitioner" in the definition of medical office means a person who practices the treatment of any ailment, disease, defect or disability of the human body by manipulation, adjustment, manual or electro-therapy or by any similar method.
MUNICIPALITY-OWNED OR -OPERATED BUILDING, STRUCTURES OR LAND
A building, structure or parcel of land that is owned or operated by a political subdivision of the State of New York, and which is used for a public purpose.
MUSEUM
A building, structure or area used for the exhibit of artistic, historic, cultural or scientific objects for educational purposes.
NONCONFORMING USE
The use of a building, structure or plot of land that does not conform to the use regulations of the district or zone in which it is situated, which use was lawful under the code of the time the use was established.
NURSERY SCHOOL
A place, building or structure designed to provide care or instruction for five or more children under six years of age in sessions less than three hours.
NURSING HOME
Any establishment where three or more persons suffering from, afflicted with or convalescing from any infirmity, disease or ailment are habitually kept boarded or housed for remuneration, other than municipal or incorporated hospitals or establishments for the care of the mentally ill or drug or alcohol addiction.
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations, including banks.
OFFICIAL MAP
A map adopted by the Village of Brewster Board of Trustees showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on this map.[2]
OPEN CONSTRUCTION FENCING
Semi-screened fence construction which is not entirely closed and can be seen through, such as lattice fencing or picket fencing in which the spindles are spaced so as to provide a partial view.
OPEN SPACE
The part of a residential zoning lot (which may include courts or yards) that is open and unobstructed from its lowest level to the sky, except for specific permitted obstructions, and accessible to and usable by all persons occupying dwelling units on the zoning lot. Depending upon the district, the amount of required open space is determined by the open space ratio, minimum yard regulations or by maximum lot coverage. In mixed-use districts, where outdoor dining is permitted, outdoor dining space may count towards the amount of required open space.
OUTDOOR DINING AREA
The utilization of sidewalk space beyond the building line to accommodate the serving of food and drink to patrons of an operating restaurant or food service business fronting on that space, which space shall contain removable tables and chairs and shall be unenclosed but may contain umbrellas or other nonpermanent covers provided that such items do not interfere with or improperly impede pedestrian travel and circulation. This definition of "outdoor dining area" is not intended to include any outdoor dining areas located entirely on the private property of the business which does not cause an encroachment or improper impediment of the public's proper use of the sidewalks, streets, alleys or other public rights-of-way within the Village of Brewster. This definition shall also include the outdoor sales of food by a food establishment.
OUTDOOR STORAGE
Includes the outdoor storage and display of merchandise, supplies, vehicles, machinery, processing or assembling of goods, but excludes areas for parking of registered motor vehicles in daily use.
PARKING LOT
A surfaced off-street area containing one or more parking spaces with passageways and driveways appurtenant thereto.
PARKING SPACE
A stall or slot which is designed and intended for the parking of one motor vehicle in a garage or parking area. Such space shall have its dimensions equal to or exceeding nine feet in width and 20 feet in length.
PARKING STRUCTURE
A building or structure consisting of more than one level and used to store motor vehicles.
PARTICULATE MATTER
Any finely divided liquid or solid matter, including smoke, capable of being airborne or gas-borne.
PEEP SHOW
Any establishment that presents material in the form of live shows, films, DVDs or videotapes, which material is distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specific anatomical areas of the human body, and that are viewed from a machine or enclosure for which a fee or admission is charged.
PERMITTED OBSTRUCTION
A permitted obstruction is a structure or object that may be located in a required yard or open space or penetrate a height limit, setback area or sky exposure plane. A balcony, trellis, air conditioner, gutter, or fence is a permitted obstruction in required yards or open space. Certain structures on a roof, such as elevator bulkheads, water towers or parapets are permitted obstructions that may penetrate height limits, setback areas or sky exposure planes.
PERSON
Any individual or group of individuals, corporation, partnership, association or any other entity, including state and local governments and agencies.
PERSONAL SERVICES
Commercial or business services provided to individuals or to other businesses, to include the repair of shoes or other personal effects, hair grooming, tattoo establishment, physical therapy and health aid, dry-cleaning store, personal training such as yoga and pilates-type activities and other like personal instruction, copying, design, printing, typing and computer services, to include studios for the production of arts and crafts. Such definition shall exclude laundromats, automotive services, retail sale and general business, such as trades, and industrial uses such as lumberyards. See also "retail business" and "general business."
PHARMACY
A retail business operation primarily engaged in the preparation and sale of prescription and nonprescription pharmaceutical products by a licensed pharmacist.
PHYSICAL THERAPY
Outpatient treatment of disease, injury or disability by physical and mechanical means.
PORCH
A roofed-over structure projecting from an outside wall of a main building, with or without enclosed sides.
PROFESSIONAL PERSON
An individual who holds a professional license giving him or her the authorization to practice and use a professional title in New York State. Such license has been given by the New York State Office of the Professions and meets the requirements of the Education Law of the State of New York.
RESEARCH FACILITY
Any institution, organization or person that uses or intends to perform research, tests or experiments, and/or receives funds under a grant, award, loan or contract from a department, agency or instrumentality of the United States for the purpose of carrying out research, tests or experiments.
RESTAURANT
A business enterprise engaged in preparing and serving food and beverages, as permitted by the Alcoholic Beverage Control Law, selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises. See also "restaurant, fast-food."
RESTAURANT, FAST-FOOD
A business enterprise primarily engaged in the sale of pre- prepared or quickly prepared food and beverages in disposable containers or wrappers selected by patrons from a line of prepared specialized items, such as hamburgers, chicken, pizza, tacos, and hot dogs, for consumption either on or off the premises, in a facility where the floor area available for dining is less than 1/2 of the gross floor area and a major portion of the sales to the public is at a drive-in or stand-up-type counter. The term "fast-food restaurant" shall not include bakeries or delicatessens operating as retail establishments, provided that such sale is not the principal business of such an establishment. See also "restaurant."
RETAIL BUSINESS OR SERVICE
Establishments providing services or selling goods or merchandise to the general public for personal or household consumption.
SCHOOL
A kindergarten, primary, secondary or post-secondary institution furnishing a comprehensive curriculum of academic instruction in accordance with the Education Law of the State of New York.
SELF-STORAGE FACILITY
A building or buildings containing separate storage spaces of a limited size, individually leased or rented.
SIGN
Any announcement, declaration, demonstration, billboard display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed where it may be viewed from the outside of any structure on the premises where placed.
SIGN, ADVERTISING
An exterior sign, billboard, banner, flag or device which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property.
SIGN, BUSINESS/PROFESSION
An exterior sign, banner, flag or device which directs attention to a business or profession conducted upon the property.
SMOKE
Any emission into the open air from any source, except emissions of uncontaminated water vapor.
SPECIAL EXCEPTION USE
A proposed use which, although not generally appropriate in the zone for which it is sought, is appropriate for the location for which it is sought because of the peculiar physical characteristics of that location. The proposed special exception use will conform to the general character of the neighborhood in which the use would be located, will not cause a significant adverse effect resulting from such use upon the public health, safety and general welfare of the neighborhood in which the use would be located, will not have an unduly adverse effect upon the property values of adjacent properties, will not place an undue burden on municipal services, will not create unreasonable traffic congestion on contiguous or adjacent streets, and the proper operation of the special exception will be ensured by providing and maintaining adequate and appropriate utilities, drainage, access, parking and loading and other necessary site improvements.
SPECIFIED ANATOMICAL AREAS
Any uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breast below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or human male genitals in a discernibly erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any act of masturbation, fellatio, sodomy, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or breast.
STEEP SLOPES
Areas with an average slope in excess of 15% over a horizontal distance of 100 feet or more.
STORY
The portion of a building which is located between the upper surface of any floor and the upper surface of the floor, ceiling or roof directly above. When the ceiling of a basement or cellar is six feet or more above finished grade, the basement or cellar shall be considered a story.
STORY, HALF
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 headroom of five feet or more occupies at least 60% of the total area of the story directly beneath.
STREET
Any road, highway, avenue, street, 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 filed plat.
STREET LINE
The dividing line between a lot and a street.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to buildings, signs, swimming pools, tennis courts, fences, walls, gates, pillars and berms.
SUBDIVISION
The division of any one existing lot into two or more separate lots.
SUBDIVISION PLAT
The division of a tract or parcel of land into two or more lots for the purpose, whether immediate or future, of sale, lease, gift, devise, conveyance of or transfer of title or division by other means for building development, notwithstanding subdivision regulations to the contrary.
SWIMMING POOL, NONCOMMERCIAL
Any swimming pool, tank depression or excavation in any material, dike or berm constructed, erected, excavated or maintained, above or below grade, which will cause the retaining of water to a depth greater than 18 inches and having a plane surface area of water greater than 100 square feet. The word "pool" shall be construed to mean outdoor water pool to be used for swimming or bathing by any family or persons residing on the premises and their guests or residents of the Town of Southeast and the Village of Brewster in a public park. Such noncommercial swimming pool shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling, dwellings or public park thereon.
TAVERN
See "bar."
THEATER, DINNER
A form of theater that serves meals during stage production, which may include live performances or motion pictures.
THEATER, LIVE
A building or part of a building devoted to the showing of live performances of drama, dance, or music, excluding adult entertainment cabaret.
MOVIE THEATER
A place where motion pictures are shown to the public, excluding adult motion-picture theater.
UTILITY, PRIVATE
Those customary services to a building or group of buildings within a corporate park or subdivision to provide heat, electricity, power, water, sanitary wastewater disposal and/or fire protection.
UTILITY, PUBLIC
Any person, firm, corporation or municipal agency duly authorized to furnish to the public, under public regulation, electricity, gas, water, sewage treatment, steam, cable television or telephone service.
VARIANCE
Action by the Zoning Board of Appeals, pursuant to the Village Law, to vary or modify the application of any of the regulations or provisions of this chapter.
WAREHOUSE
A building used for the storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
YARD
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from the point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the lot line to the nearest line of the buildings or group of buildings.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front and rear lot line, as the case may be.
YARD, STORAGE
An area used in conjunction with a permitted principal use for placement of equipment, materials and supplies used in the principal use. The area occupied by the "storage yard" must comply with setback requirements and cannot be considered part of the open space of a site.
ZONING MAP
A map adopted by the Village of Brewster Board of Trustees, pursuant to the requirements of the Village Law, which depicts the Village and the boundaries of the zoning districts described in this chapter.[3]
[1]
Editor's Note: The Village of Brewster Zoning Schedule is included at the end of this chapter.
[2]
Editor's Note: The Village of Brewster Zoning Map is included as an attachment to this chapter.
[3]
Editor's Note: The Village of Brewster Zoning Map is included as an attachment to this chapter.