As used in the chapter, the following terms shall have the meanings indicated:
ACCESSORYThe term applied to a building, structure or use which is clearly incidental or subordinate to, and customarily in connection with, the principal building, structure or use and which is located on the same lot with the principal building, structure or use. Any "accessory" building or structure attached to a principal building or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure. No use shall be considered "accessory" where such use requires a greater area of a lot or larger setbacks or yards or for which greater restrictions than for the principal use on the lot area imposed by this chapter.
ADJOININGPhysically touching or bordering upon or sharing a common property line or major portion thereof.
ANTENNAA device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as panels and microwave dishes, optical devices, and omnidirectional antennas, such as whip antennas.
AREA, GROSSThe measure of land in a horizontal plane, uncorrected or adjusted for legal encumbrances, surface conditions or slope.
ASSISTED LIVING RESIDENCEThose residences as defined in Chapter X, Assisted Living Residences, of the New York Codes, Rules and Regulations Part 1001 and the Public Health Law Article
46-B and shall not include any services specifically excluded in the New York State Public Health Law. An assisted living residence consists of a building for residents needing assistance on a daily basis, consisting of housekeeping and linen services, transportation for shopping and other needs, prepared meals which are served in quarters or with other residents in a dining area, planned on-site leisure and recreational activities and other therapies as needed. There is limited access to licensed professionals for consultation and evaluation, and other professional services are provided by independent licensed individuals not on staff. An assisted living residence allows for enhanced assisted living residences and special needs assisted living residences. An assisted living residence does not include the treatment of alcohol, drug or other dependencies.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ASSISTED LIVING UNITPrivate or semiprivate rooms in an assisted living residence, which may be in the form of a studio or may consist of one or two bedrooms, with a separate living area along with a bathroom consisting of a bath and/or shower and one toilet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BASEMENTA story that is not a story above grade.
[Amended 11-18-2021 by L.L. No. 7-2021]
BEDROOMAny habitable space in excess of 75 square feet, other than a living room, dining room, bathroom, hallway or kitchen.
BILLBOARDA sign which directs attention to a business, commodity, service, entertainment or attraction conducted, sold, offered or existing elsewhere than on the same lot where such sign is displayed or not for the principal use of such lot.
BOARDER (OR ROOMER)An unrelated person (not a family member), occupying not more than a single room in a dwelling, without individual cooking or sanitary facilities.
BUFFERAn area of specified dimension extending between a rear or side property line or a zoning district line and a required yard. The "buffer" shall not be used or otherwise encroached upon by any activities on the lot so as to provide for adequate separation and protection from otherwise inharmonious or incompatible uses.
BUILDINGAny structure, or extension thereof or addition thereto, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING INSPECTORThe official charged by the Village with enforcement of the New York State Fire Prevention and Building Code.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BULK, NONCOMPLYINGThat part of a building, structure or nonbuilding use which does not conform to one or more of the applicable bulk requirements of this chapter.
CAMPAny plot, including its area of land or water, or land and water, on which are located two or more cabins, tents, shelters, houseboats or other accommodations of the design or character suitable for seasonal or other more or less temporary living purposes, primarily for children, but not including a day camp, trailer camp, rooming house, tourist home, hotel, motel, summer colony, hospital, place of detention, school of general instruction or nursery school.
CANNABIS ESTABLISHMENTAny person or business who sells at retail any cannabis product requiring a license for an adult-use retail dispensary through the Cannabis Control Board of the State of New York. The term "cannabis establishment" shall include only retail sales and shall not include any space for the on-site consumption of any cannabis product.
[Added 7-21-2022 by L.L. No. 8-2022]
CELLARSee basement.
[Amended 11-18-2021 by L.L. No. 7-2021]
CERTIFICATE OF OCCUPANCYOfficial certification that a building or structure conforms to this chapter and the New York State Uniform Fire Prevention and Building Code and may be occupied.
CERTIFICATE OF USEOfficial certification that a building or structure or part thereof, or an open, nonbuilding use, conforms to the use requirements and other pertinent provisions of this chapter and may be used in conformity with law.
CHANGE IN USEAny use which differs substantially from the previous use of a building, structure or nonbuilding use.
CLUBHOUSE or LODGEA building, structure, lot or land area used as a private club or social organization with annual membership dues, and not conducted for profit or gain.
CODE ENFORCEMENT OFFICERThe individual charged by the Village with the enforcement of housing and property maintenance laws and regulations.
COMMUNITY PLACE OF WORSHIPThe use of a building or structure designed for regular organized religious assembly in structures with a floor area of more than 10,000 square feet.
[Added 2-21-2019 by L.L. No. 1-2019]
COMMUNITY RESIDENCE FACILITYPursuant to §
41.34 of the Mental Hygiene Law, a supportive living facility with four to 14 residents, or a supervised living facility subject to licensure by the Office of Mental Health or the Office for People with Developmental Disabilities, which provides a residence for up to 14 mentally disabled persons, including residential treatment facilities for children and youth.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
COMPLETELY ENCLOSED BUILDINGA building separated on all sides from adjacent open space or from other buildings by fixed exterior walls or party walls, pierced only by windows and entrance or exit doors and covered by a permanent roof.
CONTRACTORS' STORAGE YARDSA building or area of land where a person, firm or corporation engaged in the construction business, or a related field, stores building materials, equipment and supplies used exclusively in his business as a contractor.
COURTAn unobstructed open area bounded on three or more sides by the walls of a building or buildings. It does not include any such area with no windows opening upon it, except windows on a stairway. An outer court extends to a street or yard; an inner court does not.
COVERAGE, BUILDINGThe percentage of the area of the lot covered by a building or buildings.
COVERAGE, DEVELOPMENTThe percentage of the area of a lot covered by buildings, parking areas, accessory structures and any impervious materials, including natural impervious areas.
CRAWL SPACEA space between the ceiling of one story and floor of the next story, or between the ground and the first floor, which usually contains pipes, ducts, wiring and lighting fixtures and permits access but is not greater in height than three feet six inches.
DAY CAMPAny plot of land, including any buildings or structures thereon, if any, used for any assembly or recreational purposes on a seasonal basis, but not including any nursery school unless the bulk requirements for a day camp are met by said nursery school, nor including any living quarters except for one one-family residence on the plot.
DESIGN HOURThe measure of volume or capacity of a street or parking area during a 60-minute period in order of rank for a calendar year. For the purpose of this chapter, the 30th hour volume or capacity shall be deemed the design hour.
DEVELOPMENT PLANThe Comprehensive Master Plan as may be adopted by the Planning Board or the Village Board for the development of the Village, pursuant to § 7-722 of the Village Law, showing the desirable streets, bridges and tunnels and the approaches thereto, viaducts, parks, public reservations, roadways in parks, sites for public buildings and structures, waterways and drainage systems and such other features, existing and proposed, as will provide for the improvement of the Village and its future growth, protection and development and will afford adequate facilities for the housing, transportation, distribution, comfort convenience, public health, safety and general welfare of the population of the Village.
DOG AND CAT BOARDING FACILITIESFacilities for the keeping of dogs and cats for a fee paid by the owner of such dog or cat. This use does not include animal hospitals, shelters, veterinary clinics or similar facilities.
DORMITORYA building or part of a building containing private or semiprivate rooms which open to a common hallway, which rooms are sleeping quarters for administrative staff, faculty or students, along with bathroom, dining, cooking, laundry, lounge and recreation facilities, as required. Dormitory rooms shall not contain separate cooking, dining or housekeeping facilities, except that one dwelling unit with complete housekeeping facilities may be provided for use of a superintendent or supervising staff for every 50 dormitory rooms, or major part thereof. No more than one communal dining room shall be provided in any building or structure used for dormitory purposes. One-family, two-family and/or other multiple residential facilities, other than that described above, are not to be considered as dormitories. Private rooms may be occupied by no more than one person, and semiprivate rooms may be occupied by no more than two persons.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
DUSTLESS SURFACEA surface which is adequately covered with screenings, stone, gravel, concrete or bituminous products, or adequately treated with oil, calcium chloride or similar dust-inhibiting substances, and maintained in good condition at all times.
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, having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A house trailer, boardinghouse or rooming house, convalescent home, dormitory, fraternity house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.
ESTABLISHED SETBACKThe average setback on each street on which a lot fronts established by three or more buildings within the same zoning district, within 300 feet on each side of such lot along the same side of the street, but not beyond any intersection.
EXCAVATION OPERATIONSAny activity where stone, sand, gravel, minerals or other natural material, except topsoil, is removed for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with, or in anticipation of, building development or landscaping on the site.
FAMILYOne person or two or more persons, related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities and access to all parts of the dwelling unit. A roomer, boarder or lodger shall not be considered a member of the family.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
FAMILY AND GROUP CARE FACILITY (NON-PADAVAN)A residential facility in which groups of unrelated persons live, along with one or more adults who serve in a supervisory role. Such a facility shall not be construed to mean a "community residence facility" as defined in §
41.34 of the Mental Hygiene Law.
FAST-FOOD RESTAURANTAny establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served at or from counters in paper, plastic or other disposable containers for consumption either within the restaurant elsewhere on the premises or for carry-out or served from a drive-in window for consumption off premises. Fast-food restaurants do not include pizzeria restaurants, delicatessens, bagel or donut shops, bakeries, coffee shops, Chinese or Asian food restaurants and buffets or other restaurants which may have a take-out component.
FENCEAn unroofed barrier or unroofed enclosing structure, including retaining walls.
FIELD CHANGEA change or adjustment to an approved site development plan, due to an undiscovered physical site condition, that will not substantially alter the intent, layout or design of the approved plan. A field change may be approved by the Building Inspector or Village Engineer after receiving the approval of a majority of the members of the agency (Planning Board, Board of Appeals or Village Board) obtained after site visits or telephone consultation with such members.
FLEX SPACE, BUSINESS PARKA building or buildings designed for the commercial use of one or more tenants, generally for an undefined mix of office, light assembly, showroom, distribution/warehousing or storage of equipment and/or material inside a building. A business park flex space development shall not include restaurants, personal care, or retail establishments. Tenant spaces shall have a minimum of 2,000 square feet and a maximum of 10,000 square feet of gross floor area and may include individual loading berths.
[Added 7-21-2022 by L.L. No. 7-2022]
FLOATING ZONE DISTRICTA Zoning district that is unmapped until a petition is submitted and reviewed by the Village Board of the Village of Chestnut Ridge to determine that it meets relevant criteria; and upon approval is mapped on the Village's Zoning Map.
[Added 2-8-2023 by L.L. No. 2-2023]
FLOOR AREA RATIOThe gross floor area of all buildings on a lot divided by the gross area of the lot, as adjusted pursuant to § 290- 26.
[Amended 11-18-2021 by L.L. No. 7-2021]
FRONTAGEThe horizontal distance measured along the full length of a street line abutting the lot.
GASOLINE SERVICE STATIONA building or other structure or a tract of land used for the retail servicing of motor vehicles, including the sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; and the performance of routine automotive maintenance and repairs. Sale of other retail products from the premises shall not be deemed to affect the use of the facility as a gasoline service station.
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 average of 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 building and a point six feet from the building.
[Added 11-18-2021 by L.L. No. 7-2021]
GROSS FLOOR AREAA. The sum of the gross horizontal area of every floor of a building, measured from the exterior faces of exterior walls or from the center line of party walls separating the two buildings, including:
(2) Attic space, whether or not a floor has been laid, over which there is structural headroom of six feet three inches or more.
(3) Roofed porches andbreezeways.
[Amended 11-18-2021 by L.L. No. 7-2021]
(4) Garages.
[Amended 11-18-2021 by L.L. No. 7-2021]
B. Regardless of the internal arrangement of a building, it shall be deemed to have at least one floor for each 20 feet of height or a major fraction thereof. However, a floor area does not include:
(1) Terraces, unroofed open porches and steps.
HEIGHTThe vertical distance from the grade plane to the highest point of the roof for flat roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs of such building (or nonbuilding uses), except as specifically exempted in Article
VI, §
290-21.
[Amended 11-18-2021 by L.L. No. 7-2021]
HOME OCCUPATIONAn accessory use of a personal service character customarily conducted entirely within a residence, by the residents thereof, which use is incidental and secondary to the use of the residence for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such accessory use other than a permitted announcement sign, does not involve, except as otherwise permitted in residence districts, the parking, storage or standing of any commercial vehicles or construction equipment or the outdoor storage of materials and which does not involve the keeping of a stock-in-trade or the sale of any goods or the use of any chemical, mechanical or electrical equipment which is not customary household appliance or light office equipment. Said activity shall not occupy more than 1/2 of the ground floor area of the residence or its equivalent elsewhere in the residence if so used. No person other than the residents engaged in such activity may be employed by them in connection with said activity. The conducting of a clinic, hospital, kennel, barbershop, beauty parlor, pet grooming or boarding, photographer's salon, tearoom, tourist home, animal hospital, church or place of worship, convalescent home, funeral home, stores of any kind or any similar use shall not be a home occupation.
HOME PROFESSIONAL OFFICEAn accessory office or area within a residence devoted to a professional service occupation by the residents thereof, in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge. Said office activity shall be incidental and secondary to the use of the residence for dwelling purpose, shall not change the character thereof and shall not have any evidence of such accessory use other than a permitted announcement sign. Said activity shall not occupy more than 1/2 of the ground floor area of the residence or its equivalent elsewhere in the residence if so used. In said activity, no more than two persons, including members of the family residing on the premises, shall be employed. Permissible home professional office uses include, but are not limited to, the following: clergymen, lawyers, physicians, dentists, architects, engineers or accountants. Veterinarians or churches or places of worship are not recognized as home professional offices.
HOTEL or MOTELA building or series of connected buildings with transient living and sleeping accommodations for rent for 10 or more persons and which is open for year-round occupancy.
JUNKYARDAn area of land, with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials, such as wastepaper, rags or scrap material or used building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage or sale of other use or disposition of the same. A deposit or the storage on a plot of two or more unregistered, wrecked or broken-down vehicles or parts of two or more such vehicles for one week or more in an R District, or for three weeks or more in any other district, shall be deemed to be a junkyard.
LABORATORY AND RESEARCH FACILITIESA building for experimentation in pure or applied research, design, development and production of prototype machines or of new products and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products.
LANDSCAPE CONTRACTORA contractor, licensed by the Rockland County Office of Consumer Protection, that provides labor, material and equipment for the construction, installation and/or maintenance of lawns, plants, shrubs, trees and architectural exterior features not part of a building. Installation and/or maintenance of exterior water features and underground lawn sprinklers, cutting and removal of trees and stumps, maintenance of interior plants, and snowplowing and removal shall be considered to be landscape contracting. Storage and application of chemicals, such as herbicides and pesticides, shall be included as landscape contracting only if the principal owner of the business is licensed by the Rockland County Department of Health to store and apply such chemicals.
[Amended 9-22-2022 by L.L. No. 11-2022]
LOCAL CONVENIENCE COMMERCIALEstablishments that deal in the retail sales of convenience goods (food, drugs and sundries) and such personal services as laundry and dry cleaning (pickup and delivery), hairstyling and shoe repair. The maximum permitted aggregate gross floor area on any site shall not exceed 100,000 square feet. The floor area of any single store shall not exceed 8,000 square feet, except that food stores or combined sales stores may not exceed 45,000 square feet. Other commercial uses of any kind elsewhere specified in this chapter shall not be deemed local convenience commercial.
LOCAL OFFICE BUSINESSEstablishments that include art studios, banks, offices of salesmen, attorneys, dentists, sales representatives, architects, brokers, physicians, engineers, insurance agents, real estate agents, land surveyors, musicians, antique shops, barbershops, funeral chapels or other activity found by the Planning Board to be related to the services of the neighborhood residents or of a character consistent in scale, intensity of activities and traffic generation (including traffic from outside the immediate neighborhood) with local convenience commercial activities. Other uses of any kind elsewhere specified in this chapter shall not be deemed local office business.
LOTA designated parcel, tract or area of land established by plot, subdivision or as otherwise permitted by this chapter to be used, developed or built upon as a unit.
LOT AREAThe total horizontal area included within the property lines of a lot, except that for any minimum lot area specified in this chapter, the area shall be adjusted as set forth in Article
IV, §
290-14A.
LOT LINEAny boundary of a lot other than a street line.
LOT LINE, FRONTThe lot line which abuts or runs along the designated street line. In the case of a lot situated to the rear of another lot, its front lot line shall be the rear lot line of the front lot for purposes of measuring the front setback.
LOT LINE, REARThe lot line generally opposite the street line. If the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.
LOT WIDTHThe distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum front setback requirement.
LOT, CORNERA lot at the junction of, or abutting on, two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
MATERIAL STORAGE YARDSAn area of land on which building materials, equipment and supplies, vehicles larger than pickup trucks, or other related materials or equipment are stored outdoors. The term "material storage yard" shall not include outdoor storage of materials accessory to a "landscape contractor" establishment, as defined by this chapter.
[Added 9-22-2022 by L.L. No. 11-2022]
MINI-STORAGEAn individually controlled storage space, less than 2,500 square feet per unit, with separate entry, lacking provision for heating and plumbing.
MULTIFAMILY DISTRICTAny residential zoning district other than a single family residential zoning district.
NEIGHBORHOOD PLACE OF WORSHIPThe use of a building or structure for regular organized religious assembly in a structure or structures with a total floor area up to 10,000 square feet and other than a residential gathering place. The use may take place in a structure with or without a residential component.
[Added 2-21-2019 by L.L. No. 1-2019]
NEIGHBORHOOD RESTAURANTAn eating establishment, other than a drive-in restaurant, providing regular table service within a fully enclosed building. A neighborhood restaurant shall not have any live entertainment.
NONCOMPLYING BUILDINGA structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which does not comply with the bulk requirements of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USEAny use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendments thereto affecting such use, which does not conform to the use requirements of this chapter for the district in which it is located.
NURSERY SCHOOLAny private school accredited by the Education Department of the State of New York, designated to provide daytime care or instruction for two or more children from two to six years of age, inclusive, operated at least five days per week and seven months per year. No nursery school shall be operated during the months of July and August unless it meets with the requirements of a day camp as specified in this chapter, except for any school operated with a number of children no greater than the average attendance throughout the regular school year and without use of an outdoor swimming facility or pool.
OFFICE, PROFESSIONAL AND BUSINESSEstablishments that include offices of salesmen, sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, real estate brokers and persons with similar occupations. Other uses of any kind elsewhere specified in this chapter shall not be deemed office, professional and business.
OFFICIAL MAPThe Official Map adopted and established by the Village Board showing the streets, highways, parks and drainage systems laid out on such map, including any references to more detailed maps and studies. The Official Map is final and conclusive with respect to the location and width of streets, highways, drainage systems and parks shown thereon; and the Official Map is established to conserve and protect the public health, safety and general welfare.
OWNERSHIP, SAMEIncludes all vested or contingent interests of any person or his agent, representative, successor or assignee and irrespective of whether or not such interest is recorded, in the following circumstances;
A. Direct ownership by such person or his or her spouse, child, parent, sibling or spouse of sibling, heir or next of kin, agent, corporation, firm, entity, partnership or unincorporated association.
B. Ownership of property by different corporations, firms, partnerships, entities or unincorporated association, in which such a person is a stockholder, a partner or associate, or his or her spouse, child, parent sibling or spouse of sibling, heir or next of kin or owns an interest of 10% or greater in each corporation, firm partnership, entity or unincorporated association.
C. When such person or his estate, successors or assigns, or any person or entity included in Subsections
A and
B herein, may be materially or substantively affected by the relief sought or by any determination in any proceeding sought before any board, body, commission or agency of the Village of Chestnut Ridge, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
PARKING AREAA lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
PARKING LOTLot or part thereof used for the storage of motor vehicles, which contains space rented to the general public by the hour, day, week, month or year.
PERSONAL WIRELESS SERVICESServices provided by a public utility and defined in Section 704 of the Telecommunications Act of 1996, 47 U.S.C. §
332, including commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
PET SHOPSA retail establishment whose principal business is the sale of pet foods and supplies, but may also sell small household pets.
PLACE OF WORSHIPA building, structure intended primarily for the conduct of organized or regularly scheduled religious services.
PLANNED BUILDING DEVELOPMENTAn area developed according to plan as a single entity and containing one or more structures to accommodate nonresidential uses and appurtenant parking areas and other uses incidental to the predominant uses.
PRINCIPAL USEThe primary or predominant use for which a lot or building is used.
PUBLIC UTILITYOne or more persons or corporations operating an agency or agencies for public service and who or which is or are subject to the jurisdiction, supervision and regulations of the New York State
Public Service Law. Services defined in Section 704 of the Telecommunications Act of 1996, 47 U.S.C. §
332, are also included.
PUBLIC UTILITY BUILDING OR STRUCTUREA building and/or structure, including antennas, equipment, base stations, towers, and other accessory facilities owned and/or operated by a public utility and used for the provision of public utility services to persons and/or properties within the Village of Chestnut Ridge.
PUD DEVELOPMENT SITEThe parcel or assemblage of parcels included in a Planned Unit Development.
[Added 2-8-2023 by L.L. No. 2-2023]
R OR RESIDENCE DISTRICTAn RR-50, R-40, R-35, R-25, R-15 or RSH District in the Village of Chestnut Ridge, or a corresponding district in an adjoining municipality.
RECTORYA residence to be used exclusively by the priest, minister, rabbi or similar spiritual leader conducting services in a place of worship and his/her immediate family.
RESIDENCEA building or part thereof designated, used or occupied for one or more dwelling units, but not including tourist home, hotel, motel, tourist cabin, summer colony or trailer.
RESIDENCE, MULTIFAMILYA building which is designed, used or occupied for residential purposes for more than two dwelling units.
RESIDENCE, ONE-FAMILY SEMIATTACHEDA building or structure which comprises one dwelling unit for one family and which is attached or connected to another dwelling unit for one family at their common property line by means of a party wall, the length of which represents at least 50% of the total sidewall length of which the party wall is a part, and which is separated from any other building or structure by open space on the side lot line opposite the party wall and by open space on the front and rear lot lines. Each dwelling unit must be on its own lot.
RESIDENTIAL GATHERING PLACE[Added 2-21-2019 by L.L. No. 1-2019]
A. The use of a dedicated portion of a one-family detached residence for large gatherings, meeting all of the following criteria:
(1) Gatherings occur more than 12 times per year; and
(2) Gatherings are comprised of 15 or more persons; and
(3) Gatherings shall not exceed 49 persons, or the maximum allowable according to §
290-80B of Article
XII, or the maximum allowable number under the New York State Uniform Fire Prevention and Building Code, whichever is less.
B. Any use that exceeds any of the above criteria at any time shall not be considered a residential gathering place. The Building Inspector shall determine the appropriate use category, based upon the requirements of this chapter.
RESTAURANTA building or portion thereof containing an establishment whose principal business is the sale of foods and beverages, whether or not alcoholic, to the public for consumption on premises in a ready-to-consume state and whose design or principal method of operation includes one or both of the following characteristics: customers, normally provided with individual menu, are served by a restaurant employee at the same table or counter where said items are to consumed; or a cafeteria or buffet-type operation where foods, frozen desserts or beverages are primarily consumed within the restaurant building. Restaurants shall not include fast-food establishments.
ROAD, COLLECTORAny street which serves to carry traffic from local residential streets to secondary streets.
ROAD, INDUSTRIAL SERVICEA public street or right-of-way providing access to a planned office and/or industrial building development of at least 10 acres in a PILO, LO or PO-R District, subject to the requirements of §
290-18E.
[Amended 1-21-2021 by L.L. No. 1-2021;7-21-2022 by L.L. No. 7-2022]
ROAD, LOCALAny street which serves primarily as an access to abutting residential properties.
ROAD, MAJORAny street which is used primarily as a route for traffic between communities or large areas.
ROAD, SECONDARYAny street which serves to carry traffic from collector streets to a system of major streets.
SCHOOL OF GENERAL INSTRUCTIONAny public or private elementary or junior high school, high school, college, university or postgraduate school offering courses in general instruction at least five days per week and seven months per year.
SCHOOL OF RELIGIOUS INSTRUCTIONAny public or private elementary or junior high school, high school or college offering courses in religious instruction at least five days per week and seven months per year.
SCREEN or SCREENINGA. A strip at least 10 feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high, at the time of planting, of a type that will form a year-round dense screen at least six feet high within three years;
B. An opaque wall or barrier or uniformly painted fence at least six feet high; or
C. Any other islands, barriers, emplacements, walls, fences, trees, plantings, shrubbery or other artificial or natural dividing strip or marker of any kind, wherever located on the site, conditioned or required in any building permit, certificate of occupancy, site development plan, subdivision approval, special permit, variance, zone change or other requirement of any board, agency, commission or official of the Village of Chestnut Ridge pursuant to this chapter.
SENIOR CITIZEN HOUSING DEVELOPMENTA residential development consisting of a multifamily residence or multifamily residences which have dwelling units designed for and occupied by senior citizens, which may be constructed with the assistance of mortgage financing or other financial assistance insured by or procured through or with the assistance of a state or federal governmental agency, and is constructed and maintained on a for-profit, nonprofit or limited-profit basis.
SETBACKThe minimum distance between a principal building, structure or use and a property line of the lot or, where a buffer is required, between the principal building, structure or use and any part of the buffer. (See Sketches B and C found at the end of this chapter.)
SETBACK, FRONTThe distance from the building or use to the front lot line.
SETBACK, REARThe distance from the building or use to the rear lot line.
SETBACK, SIDEThe distance from the building or use to any lot line other than to the front or rear lot lines.
SHOPPING CENTERA structure or structures and customary parking and loading areas providing for a variety of retail commercial establishments managed as a unit and having the following characteristics:
A. A unified architectural treatment and identifiable theme relating each of the commercial establishments within.
B. A common interrelated parking and site circulation system with consolidated access to public roads.
C. Individual establishments oriented to pedestrian traffic by access signs and display, which are not generally visible or only incidentally visible to the parking areas.
D. Common amenities provided to patrons apart from the commercial establishments, such as benches, site decoration and landscaping, restrooms and the like.
E. Common spaces which are available for public assemblage, special events and local notices.
SIGNAny surface or device containing a sign display, the purpose of which is to bring the subject thereof to the attention of the public through the communication of a visual message.
SIGN AREAThe area within the shortest line that can be drawn around the outside perimeter of the face of a sign display, including all decoration but excluding supports, if any, unless the same are illuminated as illumination is defined under "sign, illuminated." In computing total sign area, the area of the faces of all sign displays shall be counted, and any neon tube, string of incandescent lights or similar device shall be considered as having a minimum dimension of three inches.
SIGN DISPLAYA display or legend, including but not limited to letters, words, logos and insignia which are used as or presented as an announcement or identification.
SIGN PLANA plan depicting the size, location, materials and content of a sign, which plan shall be the sole permitted display for any sign subject to the site development plan rules and regulations.
SIGN, ADVERTISINGAny exterior sign which contains a sign display that attempts to solicit business through the inclusion of information which is not pertinent to the identification of a particular establishment and its location. Such information includes, but is not limited to, hours of operation; detailed description of merchandise offered for sale, lease or rent; sales and marketing policies, including prices; and promotional slogans.
SIGN, ANNOUNCEMENTAny sign used to announce the use of the lot or direction or location of buildings and structures on the lot for an office, home occupation, religious charitable or other institutional use. An announcement sign may be indirectly illuminated.
SIGN, BUSINESS IDENTIFICATIONA sign containing the name of the establishment and information on the business conducted therewith, but specifically excluding phrases directing an action (i.e., stop, buy, eat).
SIGN, DIRECTORYA sign or number of signs containing the name and type of a business, constructed of compatible materials and design.
SIGN, FLASHINGAny illuminated signs on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
SIGN, IDENTIFICATIONA sign used to identify the name of a permitted institution or establishment which is the principal use upon the lot.
SIGN, ILLUMINATEDA sign on which artificial light is directed or which is constructed of translucent materials through which light is directed. A sign on which the illuminating source is visible to the public way or any property line, except for signs constructed from neon-type tube, is not a permitted sign in any district.
SIGN, SHOPPING CENTER IDENTIFICATIONFor a permitted shopping center, a sign containing the name of the shopping center and the names of tenants, each of which comprises more than 1/3 of the total floor space of the center but no other business, and for which no other business signs are visible on the same frontage.
SIGN WALL AREAThe area of a building wall (not exceeding 20 feet above ground level in NS Districts and 30 feet in all other districts) measured in the plane of the street frontage, including windows and doors.
STABLE or RIDING ACADEMYAny establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
STORYThat part of any building, including cellars and basements, 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 beams. Each 10 feet or fraction thereof of height shall be deemed a story in absence of finished floors. A crawl space does not count as a story.
[Amended 11-18-2021 by L.L. No. 7-2021]
STORY ABOVE GRADEAny story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is (1) more than six feet above grade plane; or (2) in which the finished surface of the floor next above is more than 12 feet above the finished ground level at any point.
[Added 11-18-2021 by L.L. No. 7-2021]
STREETOne of the following: an existing town, village, county or state highway or road; a public road shown on a filed subdivision plat; or a street shown on the Official Map of the Village.
STREET CENTER LINEA line equidistant from each street line of a street or, if no street line is established, the center line of the existing pavement or, if the street is unpaved, the center line of the existing traveled way.
STREET LINE, DESIGNATEDThe line established by the Official Map as the street right-of-way, whether or not in public ownership.
STRUCTUREA combination of materials constructed, assembled or erected on, above or below the ground or attached to something having location on, above or below the ground, including but not limited to buildings, fences, tanks, towers and swimming pools.
SUPERMARKETA large form of the traditional grocery store, generally for self-service, offering a wide variety of food and household products, organized into aisles. It is larger in size and has a wider selection of goods than a traditional grocery store but is smaller and more limited in size than a big-box store.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SWIMMING CLUBA recreational club with swimming facilities operated for members and their guests, whether or not operated for gain.
SWIMMING POOL, PRIVATEA. IN-GROUND POOLAn artificial pool or structure intended for wading, bathing or swimming purposes made of concrete, masonry, metal or other impervious material and which is an accessory use to a residence and for the exclusive use of the occupants of the residence and their guests.
B. ABOVEGROUND POOLAn artificial pool or structure which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to the pool and which is an accessory use to a residence for the exclusive use of the occupants of the residence and their guests.
TOWERAny ground-, roof- or building-mounted pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and masts, built for the purpose of mounting one or more antenna, meteorological devices, optical devices or similar apparatus above grade. The Planning Board shall determine if the structure shall be of monopole or open-framework design.
TRAILERA vehicle, including but not limited to a mobile home, which can be used as habitation for one or more persons or for business, commercial or office purposes. The term "trailer" shall include such vehicles mounted on temporary or permanent foundations with the wheels removed.
UNDERWATERLand is "underwater" where it is so shown on the United States Geological Survey (USGS) Map of the Village or where it is within the channel lines of a classified stream as shown on the Rockland County Drainage Agency Official Map. In addition, soils classified as muck soils by the United States Soil Conservation Service based on field investigations shall be deemed land underwater.
USEThe specific purpose for which land or a building is used or occupied or maintained.
USE, ACCESSORYA use customarily incidental and subordinate to the primary use on a lot, whether such accessory use is conducted in a principal or accessory building or on the lot.
VEHICLEA means of transporting or carrying something.
YARD, REQUIREDOpen and unobstructed ground area of the plot, extending inward from a lot line the distance specified in the requirements for the district in which the lot is located. Where a buffer is required, the buffer shall be deemed to commence at the lot line and the yard requirement shall be deemed to commence from the interior line of the buffer. (See Sketches B and C.)
YARD, REQUIRED FRONTA required yard extending along the full length of the front lot line between the side lot lines.
YARD, REQUIRED REARA required yard situated along the rear lot line and extending the full width of the lot to the side lines of the lot.
YARD, REQUIRED SIDEA required yard extending along a side lot line from the required front yard (or from the front lot line if there is no required front yard) to the required rear yard (or to the rear lot line if there is no required rear yard).