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.
ACCESSORY SINGLE-FAMILY DWELLING
ACCESSORY USE OR BUILDING
ACRE
ADULT BOOKSTORE OR VIDEO STORE
ADULT ENTERTAINMENT CABARET
ADULT HOTEL/MOTEL
ADULT MOTION-PICTURE THEATER
ADULT-ORIENTED BUSINESS
ALLOWED USE
ALTER
ALTERNATIVE CARE HOUSING
AMUSEMENT DEVICE, MECHANICAL
AREA, BUILDING
ART GALLERY
ARTIST LOFTS
ARTIST STUDIOS
ASSISTED LIVING FACILITIES
AUTOBODY REPAIR
AUTOMOBILE DEALERSHIP
AUTOMOTIVE REPAIR
BAR
BASEMENT
BED-AND-BREAKFAST
BILLBOARD
BILLIARD HALL
BOARDING HOUSE
BUFFER STRIP
BUILDING
BUILDING HEIGHT
BUILDING LENGTH
BUILDING LINE
BUILDING, MAIN
BULK
BUSINESS INCUBATOR SPACE
CABARET
CELLAR
CENTER LINE
CHURCH/PLACE OF WORSHIP
CIVIC, COMMUNITY OR CULTURAL USE
CLUSTER
COMPREHENSIVE PLAN
CO-WORKING SPACE
DAY-CARE CENTER
(1)
(2)
(3)
DECK
DENSITY
DRY-CLEANING STORE
DUST
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SENIOR
DWELLING, SINGLE-FAMILY
DWELLING, SINGLE-FAMILY ATTACHED
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FENCE HEIGHT
FENCE, WALL, GATE, PILLAR and BERM
FILED MAP
FITNESS CENTER/RECREATION FACILITY
FLOOR AREA, GROSS
FLOOR AREA RATIO
FRONTAGE
FRONT WALL
FRONT YARD SETBACK
FUNERAL HOME
GARAGE
GARAGE, PRIVATE
GASOLINE STATION
GENERAL BUSINESS
GRADE, ESTABLISHED STREET
GRADE, FINISHED
HISTORIC STRUCTURE
HOME OCCUPATION/PROFESSIONAL OFFICE
(1)
(2)
(3)
(4)
IMPERVIOUS COVER
INDUSTRY, HEAVY
INDUSTRY, LIGHT
JUNKYARD
LAUNDROMAT
LIBRARY
LIVE-WORK UNIT
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINES
LOT LINE, SIDE
LOT WIDTH
MANUFACTURED HOME
MANUFACTURED HOME PARK
MASTER PLAN
MEDICAL CLINIC
MEDICAL LABORATORY
MEDICAL OFFICE
MUNICIPALITY-OWNED OR -OPERATED BUILDING, STRUCTURES OR LAND
MUSEUM
NONCONFORMING USE
NURSERY SCHOOL
NURSING HOME
OFFICE
OFFICIAL MAP
OPEN CONSTRUCTION FENCING
OPEN SPACE
OUTDOOR DINING AREA
OUTDOOR STORAGE
PARKING LOT
PARKING SPACE
PARKING STRUCTURE
PARTICULATE MATTER
PEEP SHOW
PERMITTED OBSTRUCTION
PERSON
PERSONAL SERVICES
PHARMACY
PHYSICAL THERAPY
PORCH
PROFESSIONAL PERSON
RESEARCH FACILITY
RESTAURANT
RESTAURANT, FAST-FOOD
RETAIL BUSINESS OR SERVICE
SCHOOL
SELF-STORAGE FACILITY
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS/PROFESSION
SMOKE
SPECIAL EXCEPTION USE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STEEP SLOPES
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
SUBDIVISION
SUBDIVISION PLAT
SWIMMING POOL, NONCOMMERCIAL
TAVERN
THEATER, DINNER
THEATER, LIVE
MOVIE THEATER
UTILITY, PRIVATE
UTILITY, PUBLIC
VARIANCE
WAREHOUSE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
YARD, STORAGE
ZONING MAP
Definition of special terms. As used in this chapter, the following
terms shall have the meanings indicated:
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.
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.
A land area having 43,560 square feet within its boundaries.
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.
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.
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.
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.
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.
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.
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.
A facility designed for those persons who are unable to live
independently and require full-time supervision.
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.
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.
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.
The work space of an artist that includes an accessory residential
space intended only for the artist utilizing the work space.
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.
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.
The repair of the body of an automobile, including the replacement
of body parts, priming and painting thereof.
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.
The mechanical, electrical or computer-related maintenance,
service or repair of an automobile, excluding autobody repair.
A business enterprise primarily engaged in the retail sale
of alcoholic beverages by the drink for consumption on the premises.
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.
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.
A permanent off-premises outdoor advertising sign erected,
maintained or used for the purpose of commercial or noncommercial
messages.
Any premises, business or establishment that maintains three
or more billiard tables or pool tables available for public use.
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.
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.
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.
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.
The least horizontal distance between the furthermost exterior
face of the walls of the building, including any carports or porches.
The closed traverse upon a lot which exactly encloses the
exterior limits of a building.
A building in which is conducted the main or principal use
of the lot on which it is located.
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.
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.
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]
See "basement."
An imaginary line on the precise center of a street, driveway,
roadway or similar feature.
Any structure or parcel used for worship or religious instruction,
including social and administrative rooms accessory thereto.
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.
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.
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.
A shared office environment that allows various individuals
and groups to operate, independently or collaboratively.
DAY-CARE CENTERA 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.
FAMILY DAY-CARE HOMEA 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.
GROUP-FAMILY DAY-CARE HOMEA 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.
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.
The measure of the number of dwellings permitted per gross
acre of land contained within each district.
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.
Solid particulate matter capable of being airborne or gasborne.
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.
A dwelling containing three or more dwelling units.
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.
A dwelling containing one dwelling unit only.
A dwelling unit having common walls with one or more other
dwelling units.
A dwelling unit that is freestanding and not attached to
any other dwelling unit. See also "dwelling, single-family."
A dwelling containing two dwelling units only.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
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.
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.
Any map, survey or plat filed in the County Clerk's office
of Putnam County.
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.
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.
The gross floor area in square feet of all buildings on a
lot divided by the area of such lot in square feet.
The extent of a building or a lot along a street as defined
herein.
The wall nearest to and facing the street on which the lot
fronts.
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.
A dwelling or other structure used by a professional licensed
mortician for burial preparation and funeral services.
A building or part thereof used for the storage or parking
of one or more motor vehicles.
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.
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.
Trade shops, including painting, plumbing, carpentry, woodworking,
printing, copying and assembling, building contracting, machine printing
and general repair shops.
The permanently established elevation of the center line
of a street in front of the midpoint of the lot.
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.
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.
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:
A professional licensed by the State of New York, or by a nationally
recognized professional society, or Putnam County.
An artist or teacher giving individual instruction to no more
than two students at a time.
A single individual conducting computer or technical work who
works alone within the residence.
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.
Those surfaces in the urban landscape that cannot effectively
infiltrate rainfall, such as building rooftops, pavement, sidewalks
and driveways.
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.
Industrial uses such as manufacturing, processing and assemblage
that are of a nonpolluting nature, particularly in regard to reservoir
and groundwater resources.
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.
Self-service establishment with machines that are used for
the washing and drying of clothes and other personal items, such as
towels and bedding.
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.
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.
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.
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.
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.
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 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.
The mean horizontal distance between the side lot lines,
measured at right angles to the lot depth.
The continuous width of a lot measured along the street.
The line separating the lot from the street.
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.
The property lines bounding on a lot as defined herein.
Any lot line other than the front lot line and rear lot line.
The mean width of a lot measured at right angles to its depth.
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.
A contiguous parcel of privately owned land which is used
for the accommodation of three or more manufactured homes occupied
for year-round living.
See "comprehensive plan."
A facility used for the diagnosis and treatment of outpatients.
A facility used for diagnostic testing for health-related
matters.
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.
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.
A building, structure or area used for the exhibit of artistic,
historic, cultural or scientific objects for educational purposes.
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.
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.
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.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations, including banks.
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]
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.
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.
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.
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.
A surfaced off-street area containing one or more parking
spaces with passageways and driveways appurtenant thereto.
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.
A building or structure consisting of more than one level
and used to store motor vehicles.
Any finely divided liquid or solid matter, including smoke,
capable of being airborne or gas-borne.
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.
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.
Any individual or group of individuals, corporation, partnership,
association or any other entity, including state and local governments
and agencies.
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."
A retail business operation primarily engaged in the preparation
and sale of prescription and nonprescription pharmaceutical products
by a licensed pharmacist.
Outpatient treatment of disease, injury or disability by
physical and mechanical means.
A roofed-over structure projecting from an outside wall of
a main building, with or without enclosed sides.
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.
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.
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."
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."
Establishments providing services or selling goods or merchandise
to the general public for personal or household consumption.
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.
A building or buildings containing separate storage spaces
of a limited size, individually leased or rented.
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.
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.
An exterior sign, banner, flag or device which directs attention
to a business or profession conducted upon the property.
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
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.
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.
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.
Areas with an average slope in excess of 15% over a horizontal
distance of 100 feet or more.
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.
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.
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.
The dividing line between a lot and a street.
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.
The division of any one existing lot into two or more separate
lots.
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.
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.
See "bar."
A form of theater that serves meals during stage production,
which may include live performances or motion pictures.
A building or part of a building devoted to the showing of
live performances of drama, dance, or music, excluding adult entertainment
cabaret.
A place where motion pictures are shown to the public, excluding
adult motion-picture theater.
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.
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.
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.
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.
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.
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.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and 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.
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.
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]
