Cedarhurst City Zoning Code
ARTICLE I
Terminology
§ 265-1 Definitions; word usage.
[Amended 10-26-1964; 11-29-1965; 4-18-1966; 8-1-1966; 3-6-1967; 10-6-1969; 12-28-1972; 3-3-1975 by L.L. No. 4-1975; 6-30-1975 by L.L. No. 14-1975; 10-5-1976 by L.L. No. 8-1976; 1-16-1978 by L.L. No. 1-1978; 12-4-1978 by L.L. No. 25-1978; 1-22-1979 by L.L. No. 2-1979; 5-7-1979 by L.L. No. 23-1979; 5-7-1981 by L.L. No. 2-1981; 5-11-1981 by L.L. No. 2-1981; 5-7-1984 by L.L. No. 2-1984; 10-7-1985 by L.L. No. 9-1985; 5-5-1986 by L.L. No. 11-1986; 5-5-1986 by L.L. No. 12-1986; 11-3-1986 by L.L. No. 23-1986; 8-2-1993 by L.L. No. 10-1993; 5-2-1994 by L.L. No. 2-1994; 10-6-1997 by L.L. No. 9-1997; 3-8-1999 by L.L. No. 5-1999; 9-8-2003 by L.L. No. 11-2003; 2-7-2005 by L.L. No. 2-2005; 1-7-2008 by L.L. No. 1-2008; 11-1-2021 by L.L. No. 16-2021; 12-2-2024 by L.L. No. 6-2025]
A.
Generally. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure."
B. ACCESSORY BUILDING AGRICULTURAL ACTIVITY APARTMENT DWELLING OR MULTIPLE DWELLING APPLICANT BASEMENT BUILDING(1) (2) (3) BUILDING OFFICIAL CELLAR CHANNEL CLEARING DEDICATION DEPARTMENT DESIGN MANUAL DEVELOPER DIMENSIONS OF A LOT(1) (2) DWELLING EROSION CONTROL MANUAL FAMILY(1) (2) (3) (4) FLOOR AREA FOOD FRONT YARD GRADE GRADING GROUND OR FIRST STORY IMPERVIOUS COVER INDUSTRIAL STORMWATER PERMIT INFILTRATION JURISDICTIONAL WETLAND LAND DEVELOPMENT ACTIVITY LANDOWNER LAUNDRY LOT MAINTENANCE AGREEMENT MEZZANINE(1) (2) (3) (4) (5) (6) MOTHER-DAUGHTER RESIDENCE NONCONFORMING USE, NONCONFORMING STRUCTURE OR NONCONFORMING LOT NONPOINT SOURCE POLLUTION ONE-STORY DWELLING PERSON PHASING PITCHED ROOF PLACE OF PUBLIC ASSEMBLY POLLUTANT OF CONCERN POOL CABANA PORTABLE SWIMMING POOL PRIVATE GARAGE PROJECT PUBLIC GARAGE RADIO TOWER REAR YARD RECHARGE RESTAURANT SCHOOL SEDIMENT CONTROL SENSITIVE AREAS SIDE YARD SINGLE-FAMILY DWELLING SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES P-02-01 SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 STABILIZATION STOP-WORK ORDER STORMWATER STORMWATER HOTSPOT STORMWATER MANAGEMENT STORMWATER MANAGEMENT FACILITY STORMWATER MANAGEMENT OFFICER STORMWATER MANAGEMENT PRACTICES (SMPs) STORMWATER POLLUTION PREVENTION PLAN (SWPPP) STORMWATER RUNOFF STREET LINE STREET WALL STRUCTURE SURFACE WATERS OF THE STATE OF NEW YORK SWIMMING POOL TWO-FAMILY DWELLING UNOBSTRUCTED WATERCOURSE WATERWAY
Certain words in this chapter are defined for the purposes thereof as follows:
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
A dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the abode, residence or home of three or more families living independently of one another.
A property owner or agent of a property owner who has filed an application for a land development activity.
An excavated area under the first floor of the building where more than 50% is above grade and is considered as an additional story for all purposes.
A structure, wholly or partially enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.
Any building shall not include a a boundary wall or fence less than six feet in height or required rear yard fence, as required by § 265-104D.
For stormwater control requirements, temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
The Building Official of the Village of Cedarhurst or any person appointed to act as such for the purpose of this chapter by the Board of Trustees of the Village of Cedarhurst.
An excavated portion below the first story where more than 50% is below grade and when used for any purpose other than dead storage shall be considered as an additional story.
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
DEPTH OF A LOTThe mean distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
WIDTH OF A LOTThe mean width measured at right angles to its depth.
Does not include a house-coach or a trailer used or designed to be used in connection with a motor vehicle.
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
One or more persons, whether or not related by blood, marriage or adoption, all living together as a single, stable and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a separate building or separate dwelling unit in a family-like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common.
Any such number of persons shall not be deemed to constitute a family if any one of such persons may not have lawful access to all parts of said separate building or separate dwelling unit; or if any one or more of such persons lease or rent any separate portion of said separate building or separate dwelling unit from any other person.
In the event that the Superintendent of the Buildings, an inspector or any other person acting on behalf of the Building Department or otherwise duly authorized by the Mayor and/or the Board of Trustees shall find that any two or more of the following features exist at the subject premises, then it shall be presumed that more than one family is in occupancy thereof: if there is more than one mailbox, mail slot or post office address; if there is more than one doorbell or doorway on the same side of the separate building or separate dwelling unit; if there is more than one electric meter and/or gas meter; if there is more than one connecting line for cable TV; if there are separate entrances for segregated portions of the separate building or separate dwelling unit; if there are partitions or locked internal doors barring access between segregated portions of the premises, including bedrooms; if there are separate oral or written leases or rental agreements or the payment of rent for portions such separate building or separate dwelling unit among its owner and residents; and/or if there are two or more kitchens (each containing a range or oven, refrigerator or sink), unless it is otherwise proven by evidence presented to such Superintendent or inspector or designated person by such owner or resident that such occupancy is by a family, as defined herein. This presumption shall be rebuttable, but shall not preclude such Superintendent of the Building Department, inspector and/or designated person from making a determination that such separate building or separate dwelling unit is not occupied by such a family, based upon other, whether or not hereinabove listed and/or contained.
The primary determination as to the application of this definition of a family for purposes of compliance with any provisions of this chapter and/or any building codes shall be made by said Superintendent of the Building Department, inspector and/or designated person, based upon his or her inspection of the premises, as well as any information he or she may receive from the residents thereof, any other persons and/or any other written or documentary evidence as to the condition of the premises and/or the relationships and living arrangements of the residents. Such determination shall be presumed to be correct and final.
The sum in square feet of the areas of all floors of a building measured from the exterior faces of exterior walls in from the center line of a party wall separating two buildings, and including cellar, basement, mezzanines, provided that the term shall exclude the floor area of cellar and basement areas or portions thereof, only when such areas are used exclusively for dead storage or utility or other equipment installed for the normal operation and maintenance of such building.
Nourishment consumed in solid or liquid form, except one or more of the following, only when sold for off-premises consumption and exclusively of all other food:
An open, unoccupied space on the same lot with a building, between the street wall of the building and the street line and extending throughout the whole width of the plot.
The established elevation of the curb directly in front of subject premises.
Excavation or fill of material, including the resulting conditions thereof.
The lowest story entirely above the level of the ground in front of the building.
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
A laundry establishment performing general laundering retail functions, which may have on its premises no more than four each of machines regularly, ordinarily and customarily employed in the general laundering process having no more than a load capacity of 85 pounds each.
A a parcel of land occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
An intermediate floor between the floor and the ceiling, that provides at least 75% open view from and of the ground floor level.
A mezzanine shall be limited to a one-story building and shall not exceed 1/3 of the floor area between interior surface of the exterior walls on the ground level.
A mezzanine shall be located at the rear area of the premises upon which it is constructed.
A mezzanine shall be occupied by the tenant of the ground floor and no portion of the mezzanine may be subleased.
The exits shall meet all the requirements of the New York State Building Code.
When a mezzanine is constructed within a building which requires on-site parking, the entire floor area of the mezzanine shall be included in calculating the parking requirements.
A one-family home or residence constructed or altered to include a second kitchen for the sole use by the children or parents of the fee resident owner of said one-family home or residence.
A use or lot which was lawful or a building or structure which was lawfully situated on a lot prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zone in which it is taking place or located by reason of such adoption, revision or amendment.
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
A dwelling which has all of its living rooms on the ground floor level.
Includes an individual person, a firm, an unincorporated association, a copartnership or a domestic or foreign corporation.
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
A roof with a slope of 4.5 to 12, or greater.
A room or space where 50 or more persons gather for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes.
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
An accessory building, as defined herein, immediately adjacent to an inground pool and designed for pool use.
A body of water greater than 18 inches in depth and/or greater than 12 feet in width or diameter contained in a wholly or partially above ground level, collapsible or noncollapsible outdoor receptacle which is temporarily or permanently erected in whole or in part and maintained and used as noted above.
A building used for the storage of not more than three automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot, and for the storage of not exceeding two additional automobiles (not trucks) owned or used by others for a similar purpose if they are stored in the same room in which the automobiles or automobile of the owner or tenant are stored.
Land development activity.
A building, other than a private garage, one or more stories in height, used for storage or repair of automobiles.
Any tower, edifice, pole or other structure designed to be used for the transmission and reception of wireless signals, radio signals, television signals or other electronic impulses, and having a height at any point greater than 10 feet from the base or lowest point of said tower, edifice, pole or structure and constructed, installed or maintained on or above the ground or on or outside a building on private property within the Village.
An open, unoccupied space on the same lot with a building, between the rear line of the building and the rear line of the lot and extending throughout the whole width of the plot.
The replenishment of underground water reserves.
An establishment where food, beverages and/or meals are sold to the public for on-premises consumption.
An institution of learning, incorporated or unincorporated; it does not include a summer camp or recreational or athletic institution, organization, conservatory, group or center; it does not include an institution, organization, group or center, whether operated or managed by one or more persons, of which the principal object or one of the principal objects is physical education, teaching of dancing, singing, dramatics, music, playing of musical instruments, calisthenics, typewriting, stenography, dressmaking, designing or millinery or the giving of instruction in beauty parlor operation, business courses or instruction of a similar nature.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
An open, unoccupied space on the same lot with a building situated between the building and the side line of the lot and extending through from the front property line to the rear property line in a straight line, and the minimum required width shall be undiminished from the front property line to the rear property line.
A building designated for and occupied exclusively as a home or residence for not more than one family, and containing not more than one kitchen.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
The use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
The dividing line between the street and the lot.
The wall of the building or part of a building which is enclosed, including sun porches and sun parlors, and any enclosed porch nearest to the street line and excluding bay windows and open porches.
All other man-made formations not meant for housing or storage, including billboards and advertising signs of every kind and boundary walls or fences more than six feet in height and which, in any event, do not qualify as a building. All zoning requirements, including set backs in this chapter, applying to a building shall also apply to structures.
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
Any outdoor portable or permanent structure, device, tank or excavation maintained for or used for the purposes of swimming by adults or children. It is to be used solely by the owner, tenant, or lessee of the premises upon which the pool is situated and by his or her family or friends and guests invited to use the same without payment of any fee.
A building designated for and occupied exclusively as a home or residence for two families with cooking and sleeping accommodations for each family completely separate and independent of each other and containing not more than one kitchen per family.
Where a front, side, and/or rear yard is defined as unobstructed in this chapter, no parking will be permitted in the unobstructed areas.
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or to the public storm drain.