Specific terms: As used in this chapter, unless the context or subject matter requires otherwise, the following terms shall have the meanings herein indicated: [Amended 11-16-2009 by L.L. No. 4-2009]
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
APARTMENT HOUSEA building arranged, intended or designed to be occupied by three or more families living independently of each other.
AREA, BUILDINGThe maximum horizontal area of a building at the ground level.
AREA, LOTThe total area within the properly lines, excluding external streets and also excluding 75% of any portion of such lot which consists of a wetland, water body or watercourse. For any lot proposed to be created subsequent to the effective date of this amendment, lot area shall also exclude 50% of any portion of such lot which consists of steep slope, as defined herein.
[Amended 5-19-2003 by L.L. No. 4-2003]
ASSISTED-LIVING UNITA dwelling unit specifically designed for use and occupancy by a senior-citizen household, which unit may contain a kitchenette but is provided support services, including at least 60 meals per month, and may also be provided, either by the facility operator or by an appropriate third party, medication supervision, personal care services and assistance with the activities of daily living, such as bathing, dressing, grooming, eating and/or ambulation.
[added 11-6-2000 by L.L. No. 2-2000]
ATTICA nonlivable area under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the top of the floor beams of such story, and the average inside clear height at any cross section is not greater than four feet.
BASEMENTA story partly underground but having 1/2 or less than 1/2 of its clear height from finished floor to finished ceiling below mean finished grade.
BOARDINGHOUSEAny dwelling in which one or more persons, either individually or as families, are housed or lodged for hire, with or without meals. A rooming house, bed-and-breakfast establishment or a furnished room house shall be deemed a "boardinghouse."
[Amended 11-19-1990 by L.L. No. 13-1990]
BREEZEWAYA roofed area connecting a building and its accessory or connecting two buildings.
BUILDINGAny structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING, ACCESSORYA supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.
BUILDING, FRONT LINE OFThe 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.
BUILDINGS, HEIGHT OFThe maximum height of any building to the highest point thereof measured from the arithmetical mean elevation of the finished grade across the front of the building or from the arithmetical mean elevation of the finished grade adjacent to the exterior walls of the building, whichever is lower. The height limitations of this chapter shall not apply to steeples, spires, chimneys, ventilators, water tanks, bulkheads and necessary mechanical appurtenances usually carried above the roof level, provided such features shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve.
[Amended 5-19-2003 by L.L. No. 4-2003; 11-21-2005 by L.L. No. 6-2005]
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
CAMPAny one or more of the following, other than a hospital, place of detention or school offering general instruction:
A. Type 1. Any area of land or water on which are located two or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise;
B. Type 2. Any building or group of buildings, other than buildings constituting a "camp, Type 1," used for temporary or seasonal living purposes other than normal residential occupancy of a dwelling of a type permitted in the district in which situated or normal occupancy of a hotel, rooming house, tourist home or automobile court; or
C. Type 3. Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes and shall apply to any of the foregoing establishments whether or not conducted for profit and whether occupied by adults or by children, either as individuals, families or groups.
CARPORTSA roofed structure enclosed on no more than two sides for the storage of one or more motor vehicles.
CELLARA story wholly or partly underground and having more than 1/2 of its clear height from finished floor to finished ceiling below the mean finished grade. A "cellar" shall not be considered in determining the permissible number of stories.
COMMERCIAL VEHICLESEvery type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise and motor coaches carrying passengers, including trailers, semitrailers and tractors used in combination with trailers.
[Added 2-5-1990 by L.L. No. 3-1990]
COURTAn unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COVERAGE, BUILDINGThat percentage of the plot or lot area covered by the combined area (footprint) of all buildings, including porches and decks.
[Amended 5-19-2003 by L.L. No. 4-2003]
COVERAGE, GROSS LANDThat percentage of the lot area covered by the combined area of all buildings, structures and paved surfaces, including gravel, crushed stone or other similar man-made surfaces.
[Added 5-19-2003 by L.L. No. 4-2003]
CURB LEVELThe officially established grade of the curb in front of the midpoint of the lot.
DEPOSITTo fill, grade, place, eject, emit, discharge or dump any material.
[Added 5-19-2003 by L.L. No. 4-2003]
DINERA portable structure or vehicle used as a public eating house or for the sale of prepared foods.
DOG KENNELA place where more than three dogs are kept that area more than six months old.
DOMINANT SPECIESThe predominant plant species (i.e., the species dominating a particular area) or a co-dominant species (i.e., when two or more species dominate a particular area).
[Added 5-19-2003 by L.L. No. 4-2003]
DUMPA lot of land or part thereof used primarily for the disposal, by abandonment, dumping, burial, burning or any other means and for whatever purposes, of garbage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLINGA building designed or used as the living quarters for one or more families.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family.
FAMILYOne or more related persons occupying the premises and living as a single nonprofit housekeeping unit.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls or party walls separating two buildings.
A. In particular, the floor area of a building or buildings shall include:
(2) Elevator shafts and stairwells at each floor.
(3) Floor space used for mechanical equipment, with structural headroom of seven feet, six inches or more.
(5) Attic space (whether or not a floor has actually been laid) providing structural headroom of seven feet, six inches, or more.
(6) Interior balconies and mezzanines.
(7) Porches, breezeways or similar structures.
(8) Accessory uses, not including space used for accessory off-street parking.
B. However, the floor area of a building shall not include:
(1) Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
(2) Elevator and stair bulkheads, accessory water tanks and cooling towers.
(3) Floor space used for mechanical equipment, with structural headroom of less than seven feet, six inches.
(4) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet, six inches.
(6) Terraces and open spaces.
(7) Accessory off-street parking spaces.
(8) Accessory off-street loading berths.
FLOOR AREA, ONE-FAMILY DWELLINGThe sum of the gross horizontal areas of the stories of all buildings on a lot, measured from the exterior faces of exterior walls, including any roofed-over porches or roofed-over decks, carports, and garage space.
[Added 5-19-2003 by L.L. No. 4-2003; amended 1-2-2007 by L.L. No. 3-2007]
GARAGEA building or part of a building intended or designed to be used for the storage of one or more motor vehicles.
GARAGE, PRIVATEAn enclosed space for the storage of not more than three motor vehicles, provided that no business, occupation, service or servicing of motor vehicles is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLICAny garage not a private garage, or which is used for the indoor storage, repair, rental or servicing of motor vehicles.
GASOLINE STATIONAny 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, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means.
GRADE, ESTABLISHEDThe elevation of the street front property line shall be considered the "established grade," unless the elevation of the center line of the street is officially established by Village authorities, in which case such established line shall be considered the "established grade."
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
GRADE PLANEA reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building.
[Added 11-21-2005 by L.L. No. 6-2005]
GRADE, STREETThe officially established grade of the street upon which a lot fronts or, in its absence, the established grade of another street upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the "street grade."
HOME OCCUPATIONAn occupation or a profession which:
A. Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit;
B. Is carried on by a member of the family residing in the dwelling unit;
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
D. Conforms to the following additional conditions:
(1) The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
(2) Not more than one person outside the family shall be employed in the home occupation or profession.
(3) There shall be no exterior display, no exterior sign, except as permitted under Supplementary Regulations, no exterior storage of materials and no other exterior indication of the "home occupation" or variation from the residential character of the principal building or accessory building.
(4) No offensive noise, vibration, smoke, dust, heat or glare shall be produced.
(a) In particular, a "home occupation" includes, but is not limited to, the following:
[1] Professional office of a physician, clergyman, dentist, lawyer, engineer, architect or accountant, within a dwelling occupied by the same.
[2] Teaching, limited to a single pupil at a time.
(b) Among the uses that shall not be interpreted to be a "home occupation" are as follows: Bed-and-breakfast establishments, boardinghouses, tourist homes and rooming houses.
[Added 11-19-1990 by L.L. No. 13-1990]
HOTELA building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by paying guests.
HOUSING, AFFORDABLEDwelling units constructed for families whose annual income is between 50% and 80% of the Westchester County median income, as defined and periodically updated by the United States Department of Housing and Urban Development, and the annual rental cost of which does not exceed 30% of said income or, for homeowners, the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, does not exceed 30% of said income.
[Added 11-16-2009 by L.L. No. 4-2009]
HOUSING, WORKFORCEHousing designed, marketed, and made available to families that include emergency service volunteers, public service, and quality-of-life occupations that serve the residents of the Village of Ardsley with said families having annual income that does not exceed 120% of the Westchester County median income as defined and periodically updated by the United States Department of Housing and Urban Development.
[Added 11-16-2009 by L.L. No. 4-2009]
HYDRIC SOILA soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper portion of the soil, as set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as updated from time to time.
[Added 5-19-2003 by L.L. No. 4-2003]
HYDROPHYTIC VEGETATIONPlant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content, as set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as updated from time to time, and Wetlands Plants of the State of New York, published by the United States Fish and Wildlife Service in cooperation with the National and Regional Wetlands Plant List Review Panels, as updated from time to time.
[Added 5-19-2003 by L.L. No. 4-2003]
INDEPENDENT-LIVING UNITA dwelling unit specifically designed for use and occupancy by a senior-citizen household, which unit contains a kitchen but which has available for its use common amenities, including dining facilities, laundry, security and housekeeping services.
[Added 11-6-2000 by L.L. No. 2-2000]
JUNKYARDA lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.
LINE, STREETThe dividing line between the street right-of-way and the lot.
LOTLand occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter.
LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets.
LOT, DEPTH OFThe mean distance from the front street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT LINEAny line dividing one lot from another.
LOT, MEAN WIDTHThe average width of the property measured parallel to the street front property line. It shall be determined by dividing the longest side of the property perpendicular to or emanating from the end of the street front property line into 10 equal segments and extending from the end of each such segment a measurement line parallel to the street front property line and terminating at the property side opposite. The "mean lot width" shall be calculated by adding the lengths of all such measurement lines, including the length of the street front property line, and dividing the sum by the total number of lines. Where the street front property line is discontinuous or curved, the street or a line connecting the farthest ends of the street front property line(s) shall be considered the direction of the street front property line for this purpose.
[Amended 11-18-1985 by L.L. No. 7-1985]
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
MATERIALSoil, silt, stones, sand, gravel, rock, clay, bog, peat, mud, debris, water and refuse or any other organic or inorganic substance, chemical agent or matter, sewage, sludge or effluent or municipal or industrial solid waste, whether liquid, solid or gaseous, or any combination thereof.
[Added 5-19-2003 by L.L. No. 4-2003]
MOTEL (MOTOR HOTEL)A building or group of buildings providing sleeping and possibly eating accommodations and intended for the transient motor car traveler. Any building called "motor hotel," "motel club," "auto court," "swimming motel club," "tourist court" or any similar name, whose purpose or use is the same as described above shall be considered as a "motel."
MOTOR VEHICLE REPAIR SHOPA building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.
NONCONFORMING USEA building, structure or use of land existing at the time of enactment of this chapter which does not conform to the regulations of the district or zone in which it is situated.
OPEN SPACEAn unoccupied space open to the sky on the same lot with the building.
PARKING SPACEThe area required for parking one vehicle, which, in this chapter, is held to be a paved area nine feet wide and 18 feet long, not including (except in the case of one-family residences) passageways and access driveways; except that paving is not required for one-family residences.
[Amended 3-18-1996 by L.L. No. 1-1996]
PERSONAny person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including public agencies and municipal corporations.
[Added 5-19-2003 by L.L. No. 4-2003]
PORCHESA floored and/or roofed structure (at or above ground level), physically attached to and part of the main building; no "porch" shall be included in the minimum building area required unless fully enclosed and heated.
QUICK SERVICE EATING AND DRINKING ESTABLISHMENTSA business enterprise primarily engaged in the retail sale of ready-to-consume food and beverages served in disposable containers and selected by patrons from a limited number of specialized items, such as, but not limited to, hamburgers, chicken, fish and chips, pizza, tacos and hot dogs, which are prepared according to standardized procedures for consumption either on or off the premises in a facility where a substantial portion of the sales to the public is by drive-through or stand-up service. The term "quick service eating and drinking establishment" shall not include delicatessens, bakeries, grocery stores or other such food sales establishments.
[Added 2-3-1975 by L.L. No. 1-1975; amended 3-18-1996 by L.L. No. 1-1996]
RESTAURANTA business enterprise, or that portion thereof, engaged in the preparation and retail sale of food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises. The term "restaurant" does not include a quick service eating and drinking establishment.
[Amended 3-18-1996 by L.L. No. 1-1996]
ROOF, LOW-SLOPEA roof with a rise of less than five inches per foot.
[Added 5-19-2003 by L.L. No. 4-2003]
ROOF, PITCHEDA roof with a rise of not less than five inches per foot nor more than 18 inches per foot. Any roof with a rise exceeding 18 inches per foot shall be considered a wall.
[Added 5-19-2003 by L.L. No. 4-2003]
SENIOR-CITIZEN HOUSEHOLDAn individual person who is 62 years of age or older, or a two-person household which includes at least one person who is 62 years of age or older and no one under the age of 18.
[Added 11-6-2000 by L.L. No. 2-2000; amended 12-18-2000 by L.L. No. 5-2000]
SIGNAny 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, numeral, 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.
SIGNIFICANT TREE LISTA list, maintained by the Village Planning Board, of trees or stands of trees which are determined to be significant by said Board on the basis of species, quality, historical significance, location or other unique characteristic.
[Added 5-19-2003 by L.L. No. 4-2003]
SIGN, ILLUMINATEDAny 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. A "flashing sign" is 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, PROJECTING WALLAny sign which is attached perpendicular to the building wall or structure by means of a bracket or similar device and which extends horizontally from the plane of such wall or structure more than six inches.
[Added 5-4-2009 by L.L. No. 2-2009]
SPECIAL NEEDS LIVING UNITA dwelling unit which is specifically designed for occupancy by individuals suffering from memory impairment, including Alzheimer's disease, and which unit is provided support services, including at least 60 meals per month, and may also be provided, either by the facility operator or by an appropriate third party, medication supervision, personal care services and assistance with the activities of daily living, such as bathing, dressing, grooming, eating and/or ambulation.
[Added 11-6-2000 by L.L. No. 2-2000]
SPECIAL PERMITA permit granted for a use specifically provided for in the Code for which the imposition of conditions may be necessary to protect the health, safety and/or welfare of the community.
[Added 12-17-1990 by L.L. No. 16-1990]
STABLE, PRIVATEAn accessory building in which horses or other animals are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLICA building in which any horses or other animals are kept for remuneration, hire or sale.
STEEP SLOPEA geographical area, whether natural or man-made and whether on one or more lots, having a ratio of vertical distance to horizontal distance of 25% or more, with a minimum land surface dimension of at least 10 feet and a minimum land surface area of at least 10% of the minimum required lot area in the district in which it is located, or 10% of the actual lot size, whichever is less (See following illustration.):
[Added 5-19-2003 by L.L. No. 4-2003; amended 11-21-2005 by L.L. No. 6-2005]
STORYThat portion of a building included between the surface of any finished floor and the finished floor next above it, or, if there is no finished floor above it, then the space between any finished floor and the ceiling next above it.
STORY ABOVE GRADE PLANEAny story having its finished floor surface entirely above grade plane, except that a basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:
[Added 11-21-2005 by L.L. No. 6-2005]
A. More than six feet (1,829 mm) above grade plane;
B. More than six feet (1,829 mm) above the finished ground level for more than 50% of the total building perimeter; or
C. More than 12 feet (3,658 mm) above the finished ground level at any point.
STORY, HEIGHT OFThe vertical distance from the finished floor to the finished floor next above it. The height of the topmost story is the distance from the top surface of the finished floor to the top surface of the ceiling joists.
STREETA public way which affords a principal means of access to abutting properties.
STRUCTUREA combination of materials to form a construction of any kind.
TERRACEAn unroofed, floored or paved area at approximate ground level.
THEATERA building or part of a building devoted to the showing of moving pictures, theatrical productions or television on a paid admission basis.
THEATER, OUTDOOR DRIVE-INAn open lot or part thereof, with its appurtenant facilities, used for the showing of moving pictures, theatrical productions or television on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TOURIST HOMEA dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILERA vehicle used for living, sleeping or business or commercial activities, standing on wheels or on rigid supports, whether or not self-propelled.
TREEAny healthy, living, woody plant, including its root system in the area within the outer limit of its branches (drip line), which has a diameter at breast height (dbh) of eight inches or more.
[Added 5-19-2003 by L.L. No. 4-2003]
USEThe specific purpose for which land or a building is designed, arranged or 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.
WATER BODYAny natural surface water segment, including ponds and lakes. A water body may be either intermittently, seasonally or permanently covered by water and contains a discernible shoreline.
[Added 5-19-2003 by L.L. No. 4-2003]
WATERCOURSEAny brook, creek, stream, river, rivulet, or other such waterway flowing in a definite channel with a bed and banks. A drainage ditch, swale or surface feature that contains water only during and/or immediately after (up to 48 hours) a rain storm or snow melt shall not be considered a watercourse.
[Added 5-19-2003 by L.L. No. 4-2003]
WETLANDA geographic area that is covered with shallow and sometimes temporary or intermittent water, commonly referred to as a swamp, marsh, bog or vernal pool. This shall include all areas that comprise hydric soils and/or are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation as defined herein.
[Added 5-19-2003 by L.L. No. 4-2003]
YARDA space, unoccupied (except by a terrace), and open to the sky, on the same lot with a building or structure and not bounded on two or more sides by the walls of a building.
YARD, FRONTAn open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the "front yard" shall be measured between the front line of the building and the street line.
YARD, REARAn open, unoccupied space on the same lot with a main building extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the "rear yard" shall be measured between the rear line of the lot and the rear line of the building.
YARD, SIDEAn open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the "side yard" shall be the front line of the lot, and if no rear yard is required, the rear boundary of the "side yard" shall be the rear line of the lot.