As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the following meanings:
ADVISORAn advisor to the Planning Board of the Village.
AGE RESTRICTED MULTIPLE RESIDENCE FACILITYA multiple residence for persons 62 years of age or older and their spouses, composed of individual dwelling units, having access to communal facilities through a common lobby.
[Added 3-11-1996 by L.L. No. 1-1996]
ALLEYA public way having a width of less than 40 feet.
ALTERATIONAny change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or plumbing, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Minor repairs and maintenance shall not be considered alterations.
[Added 1-11-2021 by L.L. No. 2-2021]
APPLICANTA developer (as defined for purposes of this chapter) submitting an application for development.
AREA VARIANCEThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
[Added 1-11-2021 by L.L. No. 2-2021]
ATTICAny space situated wholly or partly between the roof and the top habitable story of a building.
[Added 4-14-2003 by L.L. No. 2-2003]
AVERAGE FINISHED GRADEA reference plane representing the average of the finished ground level adjoining the building at all exterior walls.
[Added 4-14-2003 by L.L. No. 2-2003]
BANK OR FINANCIAL OFFICEA commercial bank, savings bank, savings and loan association, credit union, trust company, finance company, mortgage company, or investment company. Automatic teller machines, point-of-sale terminals and similar facilities located as incidental services in other kinds of retail facilities shall not be deemed to be in the foregoing categories.
[Amended 7-12-2004 by L.L. No. 3-2004]
BASEMENTThat space of a building, which is partly below grade, which has more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. A basement shall be considered a story if the finished surface of the floor above the basement is:
[Amended 4-14-2003 by L.L. No. 2-2003; 1-11-2021 by L.L. No. 2-2021]
A. More than six feet above the average finished grade;
B. More than six feet above the finished ground level adjoining the building for more than 50% of the total building perimeter;
C. More than 12 feet above the finished ground level adjoining the building at any point; or
D. More than six feet above the finished ground level adjoining the building at any point along any side of a building that faces a front yard.
BILLBOARDA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated.
BUILDINGAny structure specifically having a roof supported by walls, columns, piers, and any structural type of frame, and intended for the shelter, housing, or enclosure of persons, animals, chattel, or space. The term "building" shall include the term "building, accessory."
[Amended 1-11-2021 by L.L. No. 2-2021]
BUILDING COVERAGEThat percentage of the lot area covered by the combined area of all buildings, accessory buildings, structures or accessory structures on the lot.
[Added 1-11-2021 by L.L. No. 2-2021]
BUILDING, ACCESSORYA building whose use is related, but incidental and subordinate, to that of the primary building on the lot. Accessory buildings include, but are not limited to: garden house; tool house; storage shed; child's playhouse; greenhouse; or private garage or carport for off-street parking of passenger automobiles for residents living on the premises.
[Amended 1-11-2021 by L.L. No. 2-2021]
CARRY-OUT FOOD ESTABLISHMENTA business enterprise primarily engaged in the on-site preparation and sale of food and/or beverages, which may include the sale of ready-to-consume food and/or beverages which may be consumed in limited on-site seating. Carry-out food establishments shall be subject to the special permit provisions in §
310-42H. Carry-out food establishments shall not include fast-food restaurants as defined in §
310-3 of this chapter. The term "carry-out food establishment" shall not include groceries, food markets, bakeries or other similar business enterprises which do not include seating facilities.
[Amended 6-9-1997 by L.L. No. 2-1997; 1-8-2001 by L.L. No. 2-2001]
CBAT DISTRICTAn area designated as a Central Business A Transition District, pursuant to Article
IVA of this chapter.
[Added 6-28-2011 by L.L. No. 5-2011]
CBAT DISTRICT APPLICATIONAn application to the Board of Trustees to designate a parcel(s) of real property to be within the Central Business A Transition District.
[Added 6-28-2011 by L.L. No. 5-2011]
CBDThe districts in the Zoning Law of the Village of Bronxville designated as Central Business A and Service Business B districts.
CD DISTRICTAn area designated as a Controlled Development District, pursuant to Article
IV of this chapter, to permit planned and controlled development of the area not otherwise permitted by applicable zoning district regulations.
CELLARThat space of a building, which is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
[Amended 4-14-2003 by L.L. No. 2-2003]
COMMONLY OWNED SITEProperty owned by the owner of the premises for which provision of parking is required.
COMPREHENSIVE PLANThe Comprehensive Plan of the Village adopted by the Board of Trustees, as amended.
COURT, INNERAn open space enclosed on all sides by exterior walls of a building.
COURT, OUTERAn open space enclosed on three sides by exterior walls of a building.
COURT, OUTER, DEPTH OFThe linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
CURB LEVELThe established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot, the curb level is the average of the mean sea levels of the curb on the two intersecting streets. Where a front yard setback of 25 feet or more is provided, or where there are two or more buildings on a lot, the curb level is the average level of the land immediately adjacent to the building, prior to or after any excavation or fill, as may be determined by the Superintendent of Buildings.
DECKAn outdoor platform attached to the principal structure of a building and built above the natural grade. A deck does not have a roof and is exposed to the elements.
[Added 4-14-2003 by L.L. No. 2-2003]
DESIGN REVIEW COMMITTEEThe Design Review Committee of the Planning Board of the Village, established pursuant to Article
VIII of this chapter.
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or any other person having an enforceable proprietary interest in such land.
DEVELOPMENTThe subdivision of land, the clearance or alteration of land, the construction, demolition, movement, external alteration or enlargement of any building or other structure, including installation of an awning, the construction or enlargement of any open parking area, accessory or otherwise, the diversion, dredging or filing in of any water course, floodplain or wetlands, or the change of use of any land or building or other structure, for which permission is required pursuant to this chapter.
DRIVEWAYA short, single-lane private road or way that is accessible from a public street and that leads to a home or garage (or a portion of a side or rear yard where parking is permitted, which may include the portion of the driveway located in a side or rear yard), and including the first 20 feet of any paved, cobbled, gravel-covered, or similarly covered area located immediately in front of the portions of a multi-car garage that contains a parking space.
[Added 1-11-2021 by L.L. No. 2-2021]
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging house, nursing or other similar home, or other similar structures shall not be deemed to constitute a dwelling unit.
EDUCATIONAL FACILITYA facility used for or in support of education, instruction, or research in any branch of knowledge, including private and public elementary and secondary schools, colleges, and universities. "Educational facility" shall not mean uses such as martial arts, dance, music instruction, or craft studios, as these are defined as indoor recreation.
[Added 7-12-2004 by L.L. No. 3-2004]
FAMILYOne or more persons occupying a dwelling unit as a nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute one family unless such persons are the functional and factual equivalent of a natural family.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding:
[Amended 1-11-2021 by L.L. No. 2-2021]
B. Cellar and basement areas used only for storage or for the operating and maintenance of the building;
C. Any areas devoted only to accessory off-street parking or loading; and
D. Open porches, crawl spaces, unenclosed attached decks, and unconditioned enclosed porches or breezeways.
FLOOR AREA RATIOThe gross aggregate floor area, in square feet, of all buildings on a lot, divided by the gross lot area of such lot, in square feet. See §
310-22E of Article
V, Supplementary Regulations and Nonconforming Buildings and Uses.
[Added 4-14-2003 by L.L. No. 2-2003; amended 1-11-2021 by L.L. No. 2-2021]
GRADE PLANEA reference plane representing the average of the finished ground level adjoining the building at all 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 from the building, between the structure and a point six feet from the building.
[Added 1-11-2021 by L.L. No. 2-2021]
GROSS FLOOR AREAThe gross square feet of space measured from the outside of any exterior wall and the middle of any interior wall separating the space to be measured from an adjoining space owned, leased, or occupied by another and including that portion of the public areas of the building that is included in the leased space and any equipment such as air conditioning, ventilating, elevator shafts, and the like which is within or appurtenant to the space as so defined.
[Amended 1-11-2021 by L.L. No. 2-2021]
HEALTH CLUBA facility designed and used for body training, conditioning, and rehabilitation, including activities such as aerobic and related class exercises and which may contain equipment such as a sauna, steam room, showers, exercise equipment, and locker facilities.
[Added 7-9-2018 by L.L. No. 8-2018]
HEALTH PROFESSIONALAny licensed physician, medical or dental practitioner and any other person providing health care to humans.
HEIGHTA. For buildings the front wall of which is within five feet of the street: the vertical distance in feet and in stories measured from the curb level to the highest level of the roof surface of roofs the slope of which is not more than one inch vertical to one foot horizontal, or the mean point between the eaves and the highest point of the roof if the roof is of any other type.
B. For buildings located in their entirety more than five feet from the street line: the height in feet and in stories shall be established by the Superintendent of Buildings in such a way that no building shall be prevented from attaining at least at one point the maximum height permitted in the district in which such building is proposed to be erected, such height to be measured from the elevation of the finished grade abutting such building at that point.
C. For one-family dwellings: the vertical distance from the average level of the finished grade along the wall or walls of the building facing the street to the highest level of the roof surface of roofs the slope of which is not more than one inch vertical to one foot horizontal, or the mean point between the eaves and the highest point of the roof if the roof is of any other type.
HOSPITAL BEDAll beds in a hospital for human beings for the regular use of patients overnight, except bassinets.
HOTELA building or part of a building in which living or sleeping accommodations are used primarily for transient occupancy on a daily basis to the general public, one or more common entrances serve all such living or sleeping units, and twenty-four-hour desk service is provided, in addition to one or more of the following services: housekeeping, telephone, or bellhop service, or the furnishing or laundering of linens. Permitted accessory uses are restaurants or other public dining facility, bars or lounges, public banquet halls, ballrooms, or meeting rooms.
[Added 7-12-2004 by L.L. No. 3-2004]
INDOOR RECREATION FACILITYA commercial establishment designed and equipped for the conduct of sports, leisure activities and other recreational activities wholly within an enclosed building.
[Added 7-9-2018 by L.L. No. 8-2018]
LANDIncludes improvements and fixtures on, above or below the surface.
LOT, CORNERA lot or parcel of land abutting on two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135º.
LOT DEPTHFor lots where the front and rear lot lines are parallel, the minimum distance from the street line of a lot to the rear lot line of such lot. For lots where the front and rear lot lines are not parallel, the average length of lines from the front to rear lot lines, measured every ten feet at right angles to the front lot line.
LOT LINEA line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, PRINCIPAL FRONTIn the case of a corner lot, the principal front lot line is the front street line, as initially designated in an application for a permit to erect or alter a building on such lot, or, if not so designated, the street line from which the principal building is set back the greatest distance, or, if such setback is equidistant from two or more street lines, the street line which is nearest to the main entrance of the principal building.
[Added 4-14-2003 by L.L. No. 2-2003]
LOT LINE, REARThe lot line generally opposite the front lot line; in the case of a corner lot, the lot line generally opposite the principal front lot line, or in the case of an irregularly shaped lot, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
[Amended 4-14-2003 by L.L. No. 2-2003]
LOT LINE, SIDEAny lot boundary line which is not a front lot line or a rear lot line.
[Added 4-14-2003 by L.L. No. 2-2003]
LOT or PLOTA parcel, tract or area of land, not necessarily coincident with a lot or lots shown on a map of record, established or permitted by law to be used, developed or built upon as a unit.
LOT WIDTHThe width of a lot measured along a line drawn parallel to the front lot line through the point of existing or proposed construction nearest to such front lot line.
MEMBERA member of the Planning Board of the Village.
NONCONFORMING BUILDINGA building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails by reason of such adoption, revision or amendment to conform to the regulations prescribed for the district in which it is situated.
NONCONFORMING LOTA lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails by reason of such adoption, revision or amendment to conform to the present regulations prescribed for the district in which it is situated.
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails by reason of such adoption, revision or amendment to conform to the present requirements prescribed for the district in which it is situated.
OCCUPIED or USEDEither term, as applied to a building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
OPEN SPACELand area open to the air, not occupied by any structures and landscaped or left in its natural state. For example, open space shall not include swimming pools, tennis courts, decks, patios, walkways, driveways, carports, or parking lots, or areas dedicated to the use of permanently installed equipment (such as air-conditioning or pool equipment).
[Added 4-14-2003 by L.L. No. 2-2003; amended 1-11-2021 by L.L. No. 2-2021]
OUTDOOR EATING AREAA portion of an eating or drinking establishment (including, but not limited to, bakeries and coffee shops) located on a public sidewalk that provides waiter or waitress service to patrons. The space on the sidewalk typically contains readily removable tables, chairs, railings, waiter stations, etc. For the purposes of this section, "readily removable" shall mean that no object or fixture which is part of the outdoor eating area shall be leaded, cemented, nailed, bolted, power riveted, screwed in or affixed, even in a temporary manner, to either the sidewalk on which it is placed, to the building or to any other structure it abuts.
[Added 7-13-2015 by L.L. No. 4-2015]
PARKING SPACEA paved or surfaced space which is accessible and available at all hours for the parking of one passenger car. The size shall not be less than 18 feet long and 8 1/2 feet in width and the arrangement of parking spaces shall be determined by regulation of the Planning Board.
PLANNING BOARDThe Planning Board of the Village established pursuant to Article
VIII of this chapter.
PLATA map or maps of a subdivision or site plan.
PRINCIPAL STREET LEVELWhen applied to a building, structure or premises, that portion thereof which abuts an improved sidewalk and street which provides the principal means of access to the interior of the building.
RESTAURANTA business engaged in the preparation and 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 bar, cabaret, carry-out restaurant or fast-food restaurant.
RESTAURANT, FAST-FOODA business enterprise primarily engaged in the sale of ready-to-consume food and beverages generally served in disposable or prepackaged containers or wrappers and where patrons usually select their orders from a posted menu offering 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-in or stand-up service and cleanup is generally performed by the customer. The term "fast-food restaurant" shall not include a carry-out restaurant.
RETAIL ESTABLISHMENTAn establishment engaged in selling goods, merchandise, and/or services on premises to the general public at retail for personal or household consumption or for business use. Such an establishment may also provide services related to the products it sells, such as an eyeglass store which provides eyeglass examinations, or a jewelry store that fabricates or repairs jewelry it sells. Such an establishment may have a retail food establishment as an accessory use located entirely within the principal structure and with no exterior entrance of its own.
[Added 7-12-2004 by L.L. No. 3-2004; amended 1-8-2018 by L.L. No. 2-2018]
SATELLITE EARTH STATIONA dish antenna or equivalent device, the exclusive purpose of which is to receive communication or their signals from orbiting satellites, other extra terrestrial sources, or earth sources intended to carry signals into the interior of a building.
[Amended 6-9-1997 by L.L. No. 2-1997]
SITE PLANA development plan of one or more lots containing such information as is required by this chapter.
STORYThat part of any building, inclusive of basements and cellars where basements and cellars are defined as a story, and vehicular parking levels, comprised between the level of one finished floor and the level of the next-higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof. Screened rooftop parking will not be considered as a story.
[Amended 4-14-2003 by L.L. No. 2-2003; 1-11-2021 by L.L. No. 2-2021]
STORY, HALFAny space partially or fully within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is five feet or more. If the aggregate of such area exceeds 50% of the floor area of the floor immediately below, such area shall be considered a full story in computing the height of the building.
[Amended 4-14-2003 by L.L. No. 2-2003]
STREET LINEThe dividing line between a lot and a street.
STRUCTUREAn assembly of materials forming any construction, framed of component structural parts, for occupancy or use. The term "structure" shall include the terms "building," "accessory building," and "accessory structure."
[Added 1-11-2021 by L.L. No. 2-2021]
STRUCTURE, ACCESSORYA structure subordinate to the principal building on a lot, used for purposes customarily incidental to those of the principal building, and including, but not limited to, the following accessory structures:
[Added 1-11-2021 by L.L. No. 2-2021]
C. Wireless telecommunications services facilities;
D. Detached pergolas, porches, patios, terraces, stairs, sheds, and other similar structures;
F. Attached and detached wooden decks; and
G. Generators, HVAC condensing units, and solar voltaic panels.
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
THEATERA building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.
[Added 7-12-2004 by L.L. No. 3-2004]
TRAILERAny vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, which is initially designed to be used for living or sleeping quarters. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed.
USABLE OPEN SPACEAn unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all the said occupants by means of access other than stairs.
USE, ACCESSORYA use customarily incidental and subordinate to the main use on a lot, whether such accessory use be conducted in a principal or accessory building.
VILLAGE ENGINEERThe Superintendent of Public Works of the Village, unless some other person shall have been appointed to such a position by the Village.
YARDAn unoccupied ground area unobstructed by any structure, exclusive of walls and fences, on a lot.
YARD, FRONTAn unoccupied ground area between the front lot line and any building, measured perpendicular to the building at the closest point to the front lot line.
YARD, REARAn unoccupied ground area between the rear lot line and any building, measured perpendicular to the building at the closest point to the rear lot line.
YARD, SIDEAn unoccupied ground area between any lot line other than a front or rear lot line and a line drawn parallel thereto and between the front and rear yards.