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Briarcliff Manor Town
City Zoning Code

§ 220-2

Definitions.

[Amended 5-5-1997 by L.L. No. 2-1997; 5-21-1998 by L.L. No. 2-1998; 8-12-1999 by L.L. No. 6-1999; 10-18-2001 by L.L. No. 2-2001; 5-9-2003 by L.L. No. 3-2003; 9-3-2003 by L.L. No. 6-2003; 8-16-2007 by L.L. No. 7-2007; 3-16-2011 by L.L. No. 2-2011; 6-8-2014 by L.L. No. 1-2014; 11-5-2014 by L.L. No. 2-2014; 5-17-2017 by L.L. No. 1-2017; 12-15-2020 by L.L. No. 1-2021; 9-28-2021 by L.L. No. 16-2021; 9-3-2024 by L.L. No. 12-2024]
Words not defined below and used in this chapter shall carry their meaning as defined in the latest edition of the Building Code of the State of New York or, if defined more restrictively, as defined below. Words used within Chapter 220 that are not explicitly defined in the latest edition of the Building Code of the State of New York or herein shall have their customary meanings. Words used in the present tense include the future and the plural includes the singular. The word "shall" is intended to be mandatory. The words "occupied" or "used" shall be construed as if followed by the words "or intended, arranged, or designed to be used or occupied."
ACCESSORY BUILDING
A building which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.
ACCESSORY STRUCTURE
A structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.
AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT
A. 
In the case of a for-purchase housing unit, one that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester County as defined annually by the U.S. Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% AMI, adjusted for family size.
B. 
In the case of a rental unit, one that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI for Westchester County as defined annually by HUD, adjusted for family size.
BIOMEDICAL AND BIOTECH FACILITIES
A facility that uses living organisms or biological processes for the purpose of developing agricultural, industrial or medical products.
BUILDING
Any structure utilized or intended for supporting or sheltering any occupancy.
BUILDING COVERAGE
The percentage of land area covered by the combined area of all buildings, which includes the total horizontal area of each building on a plan view. If a lot contains two or more zoning districts, building coverage shall be determined for each lot within each zoning district. All buildings shall be measured at their exterior perimeter.
CARRY-OUT FOOD ESTABLISHMENT
An establishment engaged in the sale of prepared, ready-to-consume food and/or beverages primarily intended for off-site consumption, but which may have limited seating for on-site consumption. A carry-out food establishment may include on-site food and/or beverage preparation. Notwithstanding the foregoing, a carry-out food establishment shall be considered a restaurant for application of the parking requirements of § 220-12C(13) if the establishment has more seats than the lesser of:
A. 
The quotient of the establishment's gross floor area divided by 100; or
B. 
Twenty.
CLUBS, LODGES, RECREATION FACILITIES
A building, group of buildings, or property with facilities to accommodate the regular gathering, principally to members and guests, but possibly for paying members of the public, for recreational, athletic or social purposes.
CO-LOCATION
The installation of two or more wireless telecommunication services antennas and related appurtenances on the same monopole. For purposes of this chapter, the installation of two or more structurally mounted wireless telecommunication services antennas on the same building or structure other than a monopole, or the installation of two or more wireless telecommunication services facilities in different locations on the same site, shall not be considered "co-location."
CONFERENCE CENTER/EVENT SPACE
A property, building, or group of buildings designed for conventions, industrial shows, gatherings, and the like, optimized for larger group meetings, exhibitions, demonstrations, performances, or assemblies, which may include conference rooms, lecture spaces, presentation facilities, stages, and accessory short-term lodging, restaurants, and other such facilities.
CORNER LOT
A lot at the junction of and abutting on two intersecting streets when the interior angle of intersection does not exceed 135°.
COURT
An open, uncovered and unoccupied space bounded on two or more sides by the walls of a principal building. An inner court is a court entirely within the exterior walls of a building. All other courts are outer courts.
DATA STORAGE FACILITY
A facility dedicated to house computer systems and associated components to support business continuity by supplying redundant data storage, infrastructure, power supply, communications, and security devices.
DISH ANTENNA
A device, also known as a "satellite dish" or "earth station," whose purpose is to receive communication signals from orbiting satellites and other extraterrestrial sources and which may include as a component part a low-noise amplifier (LNA), situated at the focal point of the receiving component, whose purpose is to magnify and transfer signals.
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.
ELDERCARE COMMUNITY
The premises and buildings providing for-profit congregate living arrangements in which at least one person occupying each residential unit meets the definition of "elderly," and in which all other occupants of each residential unit are either the spouse of, or a person required for the physical care or support of, such person meeting the definition of "elderly." An eldercare community shall include one or both of the following:
A. 
ASSISTED LIVINGResidential facilities accompanied by support services, including the provision of at least one meal per day and personal care services such as medication supervision and assistance with the activities of daily living such as bathing, dressing, grooming, eating and ambulation.
B. 
INDEPENDENT LIVINGDwelling units with individual kitchens and bathrooms where at least one meal per day plus one or more of the following services are provided to residents within the dwelling unit or in common facilities on site: laundry, security and housekeeping.
ELDERLY
Persons 60 years of age and older.
ENCLOSED PORCH or ENCLOSED BREEZEWAY
Any porch or breezeway that has walls, windows, screens or other elements that restrict movement to or from the porch or breezeway, except that an open porch or breezeway may have walls with a height of up to three feet six inches above finished floor elevation so long as 80% of the area above that height to the height of the ceiling remains open.
EXPERIENTIAL RETAIL
A retail use that offers customers an in-store opportunity for physical interactive engagement with a product or service.
FAMILY
Two or more persons related by blood or marriage, or not more than four unrelated persons, occupying a dwelling unit and living together as a single housekeeping unit may be considered as a family.
FITNESS CLUBS, TRAINING FACILITIES
A commercial establishment offering instruction, training or assistance and/or the facilities for the preservation, maintenance, encouragement or development of physical fitness or well-being, as well as health spas, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other commercial establishment offering a similar course of physical training.
FLAT
A dwelling unit located completely within one floor of a multifamily dwelling.
FLOOR AREA RATIO (FAR)
The gross floor area of all buildings on a lot divided by the area of such lot.
FLOOR AREA, GROSS
The sum of the horizontal areas of the floors of the building or buildings, excluding attics and any floor area used for off-street parking or loading purposes (except for one-family residences), measured from the 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 space or enclosed porch or enclosed breezeway. For single-family residences, the following areas shall also be included in the gross floor area:
A. 
The sum of the area of the building coverage multiplied by the percentage of the building perimeter with exposed walls of seven feet or greater below the first-floor elevation.
B. 
Any floor area with a floor to ceiling height of 16 feet or greater shall be doubled for the purpose of calculating gross floor area.
C. 
The portion of the total area of any deck(s) elevated above ground (not patio) on the lot that is in excess of the square footage set forth below for the zoning district in which the lot is located.
District
Square Feet
R80A
800
R60A
600
R40B
400
R30A
300
R20A
200
R20B
200
R12B
180
R10B
150
RT4B
100
HEIGHT OF BUILDING
The vertical distance from the mean level of the finished grade of the land immediately adjacent to the building to the level of the highest point of the roof beams, except that in the case of pitched roofs, it is the vertical distance from such level of the land to the midpoint between the eave and ridgeline of the roof above the highest wall or walls, or the top of the highest window, whichever is greater.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. The conduct of a clinic, hospital, barber shop, beauty parlor, tearoom, tourist home or animal hospital shall not be deemed to be a home occupation.
HOSPITAL
An institution, building or other premises established for the maintenance, observation, supervision, treatment and medical care of persons afflicted with or suffering from sickness, disease or injury.
HOTEL
A building or portion thereof containing rooms occupied by transient guests who are lodged, with or without meals, and in which building or portion thereof, there may be certain public rooms or halls for the service of food and drink, with or without accessory conveniences or services normally incidental to and associated with such a use.
LARGE-SCALE SOLAR COLLECTOR SYSTEM (or SOLAR FARM)
An area of land principally used to contain multiple ground-mounted solar energy collectors that convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies.
LEARNED PROFESSIONAL
Of or pertaining to the learned professions, defined as and limited to the practice of architects, engineers, physicians, lawyers and dentists, as distinguished from the practice of a trade, business, or profession in general.
LIGHT MANUFACTURING
The use of a property for the design or creation of commercial products uses that does not generate significant noise, glare, waste, utility, municipal resource usage, or heavy traffic impacts on surrounding areas.
LIVABLE FLOOR AREA
The area within the exterior or party walls of the dwelling unit, excluding garages, cellars, heater rooms, basements, porches, and breezeways, but including all heated livable rooms, kitchens, utility rooms, bathrooms, closets and hallways.
LOADING SPACE
Any off-street space available for the loading and unloading of goods to or from vehicles.
LODGE
A local society or branch having a charter from a duly organized fraternal order.
LOT
A piece, plot or parcel of land or assemblage of contiguous parcels of land occupied or to be occupied by a single principal building or use and its accessory buildings and uses.
LOT COVERAGE
The percentage of land area covered by the combined area of all structures and impervious surfaces, which includes the total horizontal area of each structure on a plan view. All structures shall be measured at their exterior perimeter.
LOT LINE
A line dividing one lot from another, or from a street or any public place.
LOT WIDTH
The width of a lot as measured along a line parallel to the street line and located at the required minimum distance from the street line as required by the relevant schedule.
MEDICAL OFFICE, OUTPATIENT AND AMBULATORY CARE FACILITIES
Institutions or organizations offering medical services performed on an outpatient basis, without admission to a hospital or other facility including, but not limited to, offices of physicians and other health care professionals, hospital outpatient departments, surgical centers, specialty clinics or centers (such as for bloodwork, dialysis, or infusion, and the like), or urgent care clinics.
MIXED-USE DEVELOPMENT
A use of a property combining permitted retail, experiential retail, retail service, restaurant, carry-out food establishment, theater, fitness club, nursery school, medical office, outpatient and ambulatory care facilities, or other combinations of commercial uses into a single building or group of buildings and a unified site design and configuration that shares access, parking, utility infrastructure and associate amenities, and may include incidental accessory residential housing associated with the use thereto.
MONOPOLE
A freestanding pole having a single point of location on the ground comprising a part of a wireless telecommunication services facility. For purposes of this chapter, the term "monopole" shall include, in addition to the pole, all other components of the wireless telecommunication services facility.
MULTIFAMILY DWELLING
A structure containing two or more dwelling units or a part of a building above a permitted business use containing two or more dwelling units.
MUSEUM or ART GALLERY
An institution, including but not limited to halls of fame, aquariums, botanical gardens and arboretums, that is essentially educational or aesthetic in purpose, with professional staff, which ordinarily owns, exhibits, maintains, and/or utilizes artifacts, art, and/or specimens, including nontangible electronic, video, digital and similar art, cares for them, and exhibits them to the public on some regular schedule.
NIER
Nonionizing electromagnetic radiation.
NURSERY SCHOOL
A building or buildings or portion thereof together with surrounding grounds used for the purpose of educating or supervising the play of preschool age children.
OFFICE BUILDING
A building occupied or used for business or professional offices of individuals, partnerships, associations or corporations, in which no commercial goods, materials or products other than services are sold at retail or offered for retail sale from the premises, no stock-in-trade other than samples is displayed or stored, and no commercial goods, materials or products are manufactured, assembled, or commercially serviced or repaired.
PARKING AREA
An off-street area containing one or more parking spaces with vehicular circulation ways and driveways, and internal and peripheral drainage facilities, lighting facilities, landscaping, signs, curbs, fences, walls, pedestrian walks and areas and other incidental facilities and appurtenances thereto.
PARKING SPACE
A specific off-street location available for the parking of one motor vehicle on a transient basis, normally located within a parking area, and having usable and relatively direct access to a street.
PERMITTED ACCESSORY BUILDING DWELLING UNIT
A dwelling unit in an accessory building for which a certificate of occupancy has been issued under Chapter 90 and § 220-9.2 of this Chapter 220.
PHILANTHROPIC INSTITUTION
A not-for-profit organization promoting the general public welfare as its major purpose.
PLACE OF WORSHIP (or HOUSE OF WORSHIP)
A specially designed structure or consecrated space where individuals or a group of people, such as a congregation, gather for religious services or public worship.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is situated.
PRIVATE INSTITUTIONS OF HIGHER LEARNING
A privately owned and operated facility dedicated to the pursuit of education beyond 12th grade, including private colleges, private universities, professional and technical schools, and educational work connected with libraries, museums, private university and educational extension courses and similar agencies.
PUBLIC GARAGE
A building or part thereof used for the storage, care, or repair of motor vehicles for remuneration, including any sale of motor vehicle accessories, gasoline or oil, or for keeping vehicles for hire.
PUBLIC UTILITY
Persons, firms or corporations supplying gas, electricity, water, power, transportation, television, cable or telephone service to the general public, including wireless telecommunication services which are regulated separately under this chapter.
REAR LOT LINE
The lot line generally opposite the street line. If the rear lot line is less than 10 feet long, or the lot comes to a point, the rear lot line shall be deemed to be a line within the lot not less than 10 feet long parallel to and farthest from the street line.
RESEARCH LABORATORY
A building for experimentation in pure or applied research, design, development, and production of prototype machines or devices, or of new products and uses necessary thereto; wherein products are not manufactured or assembled primarily for wholesale or retail sale wherein commercial servicing or repair of commercial products is not performed, and where there is no display of any materials or products for sale.
RESIDENTIAL UNIT
One or more rooms providing sleeping facilities for the occupants thereof, and which may also include provisions for cooking, living and sanitary facilities.
RESTAURANT
An establishment engaged in the preparation and sale of food and beverages primarily intended for on-site consumption, selected from a menu by patrons seated at a table or counter, and served by a waitperson. A restaurant will include on-site food and beverage preparation and will have seating with counters or tables adequate to accommodate all patrons served for on-site consumption and sufficient to accommodate a full place setting for each patron. Notwithstanding the foregoing, a carry-out food establishment that has more than 20 seats shall be considered a restaurant for application of the parking requirements of § 220-12C(13).
RETAIL
An establishment engaged in selling goods, merchandise, or services to the general public for personal, household, or business consumption or use, and not for resale in any case, and rendering services incidental to such sales. A retail establishment typically will be a place of business and engaged in activity to attract the general public to buy and may process or manufacture some of the goods and merchandise that it sells. A retail establishment may include the sale of ready-to-consume food and/or beverages and may have up to 20 seats for on-site consumption as an accessory use located entirely within the principal structure and with no exterior entrance of its own.
SELF-STORAGE FACILITY
A building or group of buildings within a controlled access or fenced environment divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers or other residential uses.
SENIOR CARE COMMUNITY
A. 
A for-profit development that is "housing for older persons," meaning housing that is:
(1) 
Provided under any state or federal program that the Secretary of Housing and Urban Development of the United States determines is specifically designed and operated to assist elderly persons as defined in such state or federal program;
(2) 
Intended for, and solely occupied by, persons 62 years of age or older; or
(3) 
Intended and operated for occupancy by persons 55 years of age or older; and
(a) 
At least 80% of the occupied units are occupied by at least one person who is 55 years of age or older;
(b) 
The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under 42 U.S.C. § 3607, as the same may be amended from time to time; and
(c) 
The housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall:
[1] 
Provide for verification by reliable surveys and affidavits; and
[2] 
Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of Subsection A(3)(b) above. Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (Source: 42 U.S.C. § 3607, as the same may be amended from time to time.)
B. 
And such development:
(1) 
Is a continuing care retirement community (CCRC) authorized by the State of New York in accordance with Article 46 of the Public Health Law, as said law may be amended from time to time;
(2) 
Is a fee-for-service continuing care retirement community demonstration program authorized by the State of New York in accordance with Article 46-A of the Public Health Law, as said law may be amended from time to time; or
(3) 
Is an assisted-living development (ALD) certified and licensed in accordance with Article 46-B of the Public Health Law, as said law may be amended from time to time, which shall, among other things, provide a continuum of housing, daily living services and facilities, and health care for seniors; or
(4) 
Is a congregate living facility that provides senior residents with access to, and a choice of, any of the following:
(a) 
Independent-living units (ILU); and
(b) 
Assisted-living units (ALU), including, but not limited to:
[1] 
The provision of services in accordance with an enhanced assisted-living certificate issued by the New York State Department of Health that enables the senior care community to admit and retain residents who chronically require the physical assistance of another person, or require more than intermittent or occasional assistance from medical personnel;
[2] 
The provision of services with a special needs assisted-living certificate issued by the New York State Department of Health that provides memory care services to meet the unique needs of older adults who have been given a medical diagnosis of Alzheimer's disease or other recognized forms of dementia, including around-the-clock supervision and assistance with daily activities, twenty-four-hour security and supportive services; and/or
(c) 
Skilled nursing units (SNU); and
(5) 
Such development shall further include:
(a) 
A range of medical, health care and social services, including, among other things, home health care, hospice care, dementia care, memory care, respite care, rehabilitation services, including on-site physician's offices;
(b) 
Amenities, facilities and programs specifically designed to enhance the length and quality of life of senior residents, including common dining, recreation, incidental retail, incidental personal services, and cultural facilities; and
(c) 
Optional overnight accommodations for the guest(s) of any resident, only as may be permitted as a condition of the required special permit.
SHORT-TERM EXECUTIVE HOUSING
A building or group of buildings under single ownership containing two or more rooms or suites with independent cooking facilities, providing short-term lodging to guests, permitted only as an accessory use located on the same site as the principal use.
SIDE LOT LINE
The line connecting the street line of the lot with the rear lot line and running along the side thereof.
SOLAR ENERGY COLLECTOR
A device or combination of devices which relies upon solar radiation as an energy source and that is employed for the purpose of heating or cooling a building, the heating of water or the generation of electricity.
STORY
That portion of a building between the surface of any floor and the surface of the floor immediately above it or, if there be none, between the surface of the floor and the ceiling or rafters above it. A basement shall be counted as a story if the finished floor level directly above the basement is more than six feet above the average finished grade of the ground adjacent thereto, or except for one-family residences if it is used for business purposes other than storage or for dwelling purposes other than for a janitor or watchman.
STORY, ONE-HALF
A story with at least two opposite exterior sides meeting a sloping roof at the floor of such story, and the area of the attic space with a floor-to-rafter height of seven feet or greater is less than 60% of the area of the floor as measured on the floor directly below.
STREET
A thoroughfare which has been placed and designated on the Official Map as a street, and which affords the principal means of access to abutting property.
STREET LINE
Synonymous with "front line" and being the line of the lot coinciding with the line of the street on which it fronts and for purposes of this chapter disregarding any lines showing lands in the same ownership lying within the bed of 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.
STUDIO
The working place space or room for creative artists, defined as and limited to that for a painter, sculptor, or musician who is the owner and occupant of the main dwelling and shall only be applicable when no employees are associated with this activity. Tutoring and instruction, including art, music, voice, musical instrument, shall be limited to a single pupil at a time.
STUDIO APARTMENT (OR EFFICIENCY APPARTMENT)
A single room dwelling unit that typically combines the living, dining, and sleeping areas into one large space.
SWIMMING POOL
Any noncommercial private outdoor structure, excavation, pond, body of water or receptacle for water, having a depth at any point greater than two feet, together with the apparatus and equipment, if any, pertaining thereto, used or intended to be used for swimming or bathing by residents of the premises and their guests, without charge for admission and not for the purpose of profit, located on a lot as an accessory use to the residence or dwelling thereon.
SWIMMING POOL BUBBLE
An accessory use to a swimming pool constructed for the purpose of enclosing an outdoor swimming pool in order to enable swimming without exposure to the elements at such times when the outside temperature and/or conditions makes unprotected swimming uncomfortable or less desirable. It is commonly known as a "bubble" and may be used with or without a heating apparatus.
TENNIS COURT
An accessory use constructed for the purpose of facilitating the playing of tennis, within the confines of said court and which requires the erection of a fence, wall or other enclosure or the grading and/or paving of an area in excess of 3,000 square feet.
TOWNHOME
A dwelling unit sharing a common side or rear wall or walls with another dwelling unit or units but occupying the entire volume within its portion of the building from the lowest level to the roof and having its own separate entrance or entrances to the outside.
USABLE OPEN SPACE
Area of a lot devoted to passive recreational use consisting primarily of grassed, wooded or similar natural or landscaped areas open to the sky, not covered by impermeable materials, which is permanently accessible to residents, occupants or tenants and having a minimum horizontal dimension of 25 feet.
USE, ACCESSORY
A use customarily incident and subordinate to the principal use of a lot or building located on the same lot therewith or otherwise permitted under this chapter to be construed as accessory thereto.
USE, PRINCIPAL
The specific purpose for which land is used or a building is designed or used or for which it is or may be occupied or maintained.
WAREHOUSE
A building or enclosure used primarily for the storage of goods, products, cargo and materials and/or which receives, stores or distributes such goods or materials by boat, rail, air or motor vehicle.
WAREHOUSE, SPECIALTY
A building or enclosure used only by a single entity primarily for storage of antiques, artwork, fine wine, or other collectibles and to which access is typically limited only to employees of such facility. The principal use of such facility is storage or safekeeping, generating minimal daily traffic related to the transportation of stored items. Deliveries and pickups from the facility are typically handled by smaller vehicles and mid-sized trucks rather than tractor trailers.
WIRELESS TELECOMMUNICATION SERVICES
The provision of wireless telecommunications services, including those more commonly referred to as "cellular phones," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
WIRELESS TELECOMMUNICATION SERVICES FACILITY
Any equipment used in connection with the commercial operation of wireless telecommunication services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures.
YARD
An open space, unoccupied except as permitted under this chapter, lying between a lot line and a line parallel to such line and tangent to the nearest part of the principal building.
YARD, FRONT
A yard extending the full width of the lot and lying between the line of the street upon which the lot fronts, as shown on the Official Map, and a line parallel thereto, tangent to the nearest part of the front of the principal building.
YARD, REAR
A yard extending the full width of the lot, unoccupied except as permitted under this chapter, lying between the rear lot line and a line parallel thereto and tangent to the nearest part of the rear of the principal building.
YARD, SIDE
A yard, unoccupied except as permitted under the chapter, extending from the inner line of the front yard to the inner line of the rear yard and lying between a side lot line and a line parallel thereto and tangent to the nearest part of the principal building.