Clarkstown City Zoning Code
ARTICLE I
Adoption, Title, Purpose, Definitions and Street Classification
§ 290-1 Enacting clause and short title.
[Amended 9-26-2000 by L.L. No. 12-2000]
A.
The Town Board of the Town of Clarkstown, in Rockland County, New York, acting under authority of the Town Law of the State of New York, hereby adopted and enacts this Part 1 as a comprehensive amendment of the ordinance known as the "Building Zone Ordinance of the Town of Clarkstown," adopted April 4, 1939, comprehensively amended on September 13, 1955, and all subsequent amendments thereto. This Part 1 shall be known and may be cited as the "Zoning Local Law of the Town of Clarkstown."
B.
This local law may be amended from time to time. All such amendments shall be adopted as a local law.
§ 290-2 Legislative intent.
[Amended 10-26-1999]
Declaration of purpose. This Part 1 is adopted pursuant to the Town Law of the State of New York to promote and protect the public health, safety and general welfare; to guide and regulate the orderly growth, development and redevelopment of the Town of Clarkstown based on a comprehensive plan and with long-term objectives, principles and standards deemed beneficial to the interests and welfare of the people; to protect the established character and the social and economic well-being of both private and public property; to promote, in the public interest, the utilization of land for the purposes for which it is most desirable and best adapted; to secure safety from fire and other dangers, and to provide adequate light, air and convenience of access; to prevent overcrowding of the land and excessive density of population; to minimize and, where possible, to prevent traffic congestion on public streets and highways; to conserve the value of buildings; and to enhance the value of land throughout the town, and in furtherance of the Town Development Plan as adopted by the Clarkstown Planning Board on August 16, 1966, and the Comprehensive Plan update as adopted by the Planning Board and Ad-Hoc Committee on June 30, 1999, and adopted by the Town Board on September 28, 1999, in accordance with the provisions of § 272-a of the Town Law of the State of New York.
§ 290-3 Definitions.
For the purpose of this chapter certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.
A.
Word usage.
(1)
Abbreviations. "Art." for "Article"; "Sec." for "section"; "Col." for "Column"; "No." and "Nos." for respectively "number" and "numbers"; "ft." for "foot" or "feet"; "sq. ft." for "square foot" or "square feet"; "subj." for "subject."
(2)
Construction of text. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural and words used in the plural number include the singular; in the terms "referred to herein," "specified herein" and "included herein," the word "herein" means "in this chapter"; the word "regulations" means the regulations of this chapter; and "this chapter" shall mean "this chapter and the map included herein as enacted or subsequently amended."
(3)
A "person" includes a corporation, a partnership and an unincorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure"; a "building" or "structure" includes any part thereof; "used or occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
(4)
The "town" is the Town of Clarkstown in the County of Rockland, State of New York; the Town Board, Board of Appeals, Planning Board, and Building Inspector are respectively the Town Board, Board of Appeals, Planning Board and Building Inspector of the Town of Clarkstown.
B. ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION ACCESSORY BUILDING ACCESSORY USES ACTIVE ADULT ACTIVE ADULT HOUSEHOLD ACTIVE ADULT RESIDENTIAL COMMUNITY AFFORDABLE UNITS AGENCY BOARDING HOME AGENCY COMMUNITY RESIDENCE AGENCY GROUP HOME AGRICULTURAL ACTIVITIES AGRICULTURE AGRITOURISM AIRPORT ALLEY ALTERATION ALTERNATIVE FUEL ALTERNATIVE FUEL FILLING STATION AREA, BUILDING ASSEMBLY OR AMPHITHEATER, OUTDOOR ASSEMBLY OR AUDITORIUM, INDOOR ASSISTED CARE LIVING QUARTERS ATTIC AUTOMOTIVE LAUNDRY AUTOMOTIVE SALES, NEW OR USED, ENCLOSED AUTOMOTIVE SERVICE BAR or TAVERN BASEMENT BATTERY CHARGING EQUIPMENT BED-AND-BREAKFAST BIODIESEL BUFFER AND/OR BUFFER AREA(1) (2) (3) (4) (5) (6) BUILDING BUILDING, COMPLETELY ENCLOSED BUILDING, PRINCIPAL BULK BULK, NONCONFORMING CARPORT CHARGING LEVEL(1) (2) (3) CHILD DAY-CARE CENTER CHURCH CLARKSTOWN RESIDENT CLUB CLUB, OUTDOOR COMMERCIAL AMUSEMENT COMMERCIAL MOTOR VEHICLE FUELING STATION COMPRESSED NATURAL GAS (CNG) COMPRESSED NATURAL GAS (CNG) STATION CONDOMINIUM OWNERSHIP CONTRACTOR STORAGE YARD CONVALESCENT HOME COOPERATIVE OWNERSHIP COURT CULTURAL CENTER, LIMITED CULTURAL CENTERS DENSITY BONUS DENSITY BONUS HOUSING AGREEMENT DENSITY BONUS UNITS DENSITY, RESIDENTIAL DIESEL ENGINE DIESEL FUEL DORMITORY DRIVE-IN RESTAURANT DUSTLESS SURFACE DWELLING DWELLING UNIT EFFICIENCY APARTMENT ELECTRIC VEHICLE ELECTRIC VEHICLE CHARGING STATION ELECTRIC VEHICLE PARKING SPACE ELIGIBLE SENIOR CITIZEN ENCLOSED MALL FAMILY(1) (2) (3) (a) (b) (c) (d) [1] [2] [3] [4] [5] [6] (e) (4) FAMILY DAY CARE FAMILY RECREATION FARM FENCE, SOLID FLEET FLOOR AREA, HABITABLE FLOOR AREA OF A BUILDING FLOOR AREA RATIO OF A BUILDING(1) (2) FORMER CLARKSTOWN RESIDENT FREIGHT TERMINAL FRONTAGE BUILDOUT PERCENTAGE FUEL CELL FUELING STATION FUNERAL HOME GARAGE, COMMERCIAL GARAGE, PRIVATE GARDEN APARTMENTS GASOLINE GASOLINE ENGINE GASOLINE STATION GRADE, ESTABLISHED GRADE, FINISHED GREENSPACE HAZARDOUS WASTE HEIGHT OF A BUILDING HELIPORT HOME OCCUPATION(1) (a) (b) (c) (d) (2) HOSPICE RESIDENCE HOSPITAL HOSPITAL OR CLINIC, INPATIENT HOSPITAL OR CLINIC, OUTPATIENT HOTEL HOT TUB or SPA HYDROGEN STATION HYDROGEN VEHICLE IMPERVIOUS SURFACE INCOME-ELIGIBLE HOUSEHOLD INN JUNKYARD KENNEL LABORATORY, RESEARCH, EXPERIMENTAL AND TESTING LANDSCAPING/GARDENING SALES, OUTDOOR LAUNDERETTE, LAUNDROMAT LAUNDROMAT LIGHT MANUFACTURING, PROCESSING OR ASSEMBLY LIGHT REPAIR AND MAINTENANCE SERVICES LINE, STREET LOADING AREA LOADING BERTH LOT LOT AREA LOT, CORNER LOT COVERAGE LOT DEPTH LOT FRONTAGE LOT, INTERIOR LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT, THROUGH LOT WIDTH MANUFACTURING MAXIMUM RESIDENTIAL DENSITY MEDICAL WASTE, REGULATED MINI-WAREHOUSE MIXED-USE RESIDENTIAL MOTEL MULTIFAMILY MULTIPLE RESIDENCE MULTI-UNIT COMPLEX NATURAL GAS NATURAL GAS VEHICLE (NGV) NURSERY SCHOOL NURSING HOME OFFICIAL MAP OPTIONAL MONETARY CONTRIBUTION OUTDOOR SELLING AREA OVERALL MASTER PLAN PARKING SPACE PARKING, STRUCTURED, ABOVE GRADE PARKING, STRUCTURED BELOW OR AT GRADE PATIO HOME, DETACHED PATIO HOME, SEMI-ATTACHED PERSONAL CARE PERVIOUS SURFACE PET CARE SERVICES PET GROOMING PETRODIESEL FUEL PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV)(1) (2) (3) (4) PREMISES PRIMARY USE PROFESSIONAL OFFICE PROPANE PROPANE STATION PROPANE VEHICLE PUBLIC FACILITY, SAFETY OR GOVERNMENT OFFICE PUBLIC PARK PUBLIC PARKING LOT PUBLIC TRANSIT PASSENGER STATION PUBLIC UTILITY SUBSTATION QUARRY, SANDPIT, GRAVEL PIT, TOPSOIL STRIPPING RECYCLING FACILITY REHABILITATION PLAN RELATED RETAIL USE RELIGIOUS FACILITY RESIDENCE RESIDENCE, MULTIFAMILY RESIDENCE, SINGLE-FAMILY RESIDENCE, SINGLE-FAMILY SEMIATTACHED RESIDENCE, TWO-FAMILY RESIDENTIAL CARE FACILITY FOR VICTIMS OF DOMESTIC VIOLENCE RESIDENTIAL CHARACTER OF AREA RESIDENTIAL DISTRICT RESTAURANT, FAST-FOOD RESTAURANT, STANDARD RESTAURANT WITH DRIVE-THROUGH OR CURB SERVICE RESTAURANT WITH OUTDOOR SEATING RETAIL, GENERAL RETAIL WITH DRIVE-THROUGH ROAD, COLLECTOR ROAD, LIMITED ACCESS ROAD, LOCAL ROAD, MAJOR ROAD, SECONDARY ROCKLAND COUNTY MEDIAN INCOME ROCK OUTCROP SCHOOL OF GENERAL INSTRUCTION SCHOOLS SCREEN OR SCREENING(1) (2)
SENIOR CITIZEN CONGREGATE HOUSING SENIOR CITIZEN HOUSING SETBACK (OF A BUILDING OR STRUCTURE, OR OF A STORY THEREOF, FROM A PARTICULAR LOT LINE) SHARED PARKING SHOPPING CENTER SHOPPING CENTER, MAJOR REGIONAL SHOPPING CENTER, REGIONAL SIGN SIGN AREA SITE PLAN STAGGERED PARKING STEEP SLOPES STORY OF A BUILDING STREET OR ROAD(1) (2) (3) STREET CENTER LINE STREET LINE STRUCTURE STUDIO APARTMENT TEMPORARY EVENT PERMIT TEMPORARY STORAGE CONTAINER TRAILER OR MOBILE HOME TRAILER CAMP TRANSFER STATION TRANSIENT UNRELATED RETAIL USE USABLE OPEN SPACE(1) (2) (3) (4) (5) (6)
USE USE, NONCONFORMING UTILITY, GENERAL PUBLIC SERVICE UTILITY POLES, LINES AND TOWERS VEHICLE, AGRICULTURE VEHICLE, COMMERCIAL VETERINARY SERVICES WHOLESALE, DISTRIBUTION AND WAREHOUSING YARD, FRONT YARD, REAR YARD, SIDE ZONING DISTRICT
Defined words.
An electric vehicle charging station where the battery charging station equipment is located within accessible reach of a barrier-free access aisle (minimum forty-four-inch width) and the electric vehicle.
[Added 8-5-2014 by L.L. No. 8-2014]
A building, such as a stable, garage, playhouse, barn, tent or greenhouse, which is subordinate and accessory to a principal building on the same lot.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
For purposes of the AAR Zoning District, the term shall mean an individual age 55 or older.
[Added 4-17-2007 by L.L. No. 3-2007]
A household in which at least one member residing or proposing to reside in a reserved dwelling unit has attained the age of 55 years or more on the date that such household initially occupies the dwelling unit.
[Added 4-17-2007 by L.L. No. 3-2007]
A building or buildings containing dwelling units specifically designed for and limited to residents aged 55 and older.
[Added 4-17-2007 by L.L. No. 3-2007]
Units offered at a sales price at which income-eligible households can qualify for the purchase. For rental units, "affordable units" shall mean units offered at a monthly rental price equal to or less than 1/3 of the monthly income of an income-eligible household.
[Added 4-17-2007 by L.L. No. 3-2007; amended 3-4-2014 by L.L. No. 2-2014]
A boarding home operated by a public service agency or private, nonprofit child-care agency authorized by the New York State Board of Social Welfare with occupancy limited to six unrelated minors or more than six minors, if related by blood, who shall be under the age of 21 years and over the age of five years.
[Added 5-15-1974]
A community residence operated by a public social service or mental hygiene agency or private, nonprofit agency authorized by the New York State Board of Social Welfare or Commissioner of Mental Hygiene with occupancy limited to 24 unrelated adults above the age of 21 years.
[Added 5-15-1974]
A group home operated by a public social service agency or private, nonprofit child-care agency authorized by the New York State Board of Social Welfare with occupancy limited to 12 minors under the age of 21 years and over the age of five years.
[Added 5-15-1974]
Land, buildings and equipment used to produce, prepare and market crops, livestock and livestock products as a commercial enterprise, including but not limited to the following: 1) field crops; 2) vegetables; 3) fruits; 4) horticultural ornamental specialties, including nursery stock, shrubs, ornamental trees, flowers and vegetables; and 5) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump. Further, agricultural operations shall include an activity engaged in, by, or on behalf of a farmer in connection with any furtherance of the business of agriculture or farming and shall include, without limitation, tillage, planting, harvesting and marketing; construction of farm structures and facilities, including other on-farm food processing, as permitted by local and state building code regulation, in order to enhance the marketing of farm products; construction and maintenance of certain farm buildings and other structures related to agricultural practices.
[Added 6-25-2024 by L.L. No. 7-2024]
The cultivation of the soil for food products or other useful or valuable growths of the field or garden, tillage or husbandry; but shall not include dairying or raising of livestock, fowl or birds where the same is carried on as a business or gainful operation.
Activities that link travel and leisure with the products, services, and experiences of agriculture on sites conducting agricultural activities. Agritourism is conducted for the enjoyment or education of the public and primarily promotes the sale, marketing, production, harvesting, or use of the products of the farm operation. Examples of agritourism include, but are not limited to, hayrides, food trucks, music, farm tours and events designed to support farm operations, and farm wineries pursuant to § 76-A of the New York State Alcoholic Beverage Control Law.
[Added 6-25-2024 by L.L. No. 7-2024]
A facility, with improvements for the taking off and landing of fixed-wing aircraft.
[Added 10-26-1999]
A narrow serviceway providing a secondary means of access to abutting properties.
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on the front, rear or on a side or by increasing in height, or the moving from one location or position to another.
A fuel other than gasoline or petrodiesel for powering motor vehicles, such as natural gas, propane, biodiesel, methanol, hydrogen or electricity.
[Added 8-5-2014 by L.L. No. 8-2014]
An area of land, including structures thereon, used for the supply or sale, not the production or refining, of alternative fuels, such as propane, CNG, biodiesel, methanol, hydrogen, and Levels 1, 2, or 3 electric charging.
[Added 8-5-2014 by L.L. No. 8-2014]
The total of areas taken on a horizontal plane at the main grade level of the principal building and all necessary buildings, exclusive of uncovered porches, terraces and steps.
An outdoor public area specifically designed for the purposes of congregation for special events such as music or concert gatherings, theater performances or similar activities, not including drive-in theaters.
[Added 7-19-2011 by L.L. No. 5-2011]
Commercial or nonprofit movie theaters, stage theaters, social halls, meeting rooms, convention or catering halls and similar places, not including religious facilities.
[Added 7-19-2011 by L.L. No. 5-2011]
A facility consisting of a building, or a group of buildings in a campus setting, for residents who need assistance on a daily basis and are provided with such assistance, consisting of housekeeping and linen services, transportation for shopping and other needs, prepared meals served in quarters or in common with other residents, planned on-site leisure and recreational activities and limited access to licensed professionals for consultation and evaluation, and where other professional services are provided by independent licensed professionals not on staff. Subject to federal housing regulations, at least one member residing or proposing to reside in a dwelling unit shall have attained the age of 55 years or more on the date that such household initially occupies the dwelling unit and no persons age 18 or younger shall occupy any dwelling unit, with the exception of a superintendent's unit.
[Added 2-8-2000; amended 9-6-2016 by L.L. No. 10-2016]
The portion of a building between the top of uppermost floor construction and the underside of the roof construction.
General automated or self-serve washing services for private passenger vehicles, including detailing.
[Added 5-7-2013 by L.L. No. 3-2013]
An establishment for the retail sale or leasing of new or used automotive vehicles in which the vehicle inventory is contained within a completely enclosed indoor salesroom and/or kept off-site or behind the building and completely screened from view from the public way, with no more than five display vehicles permitted to be showcased and readily visible outdoors. Does not include the sale of boats, campers, RVs, tractors, construction equipment and similar vehicles.
[Added 5-7-2013 by L.L. No. 3-2013]
General automotive vehicle services, including oil, brake, muffler or tire replacement, engine or body work, inspections, and similar services. Does not include automotive laundry, salvage or junk yard operations.
[Added 7-19-2011 by L.L. No. 5-2011; amended 5-7-2013 by L.L. No. 3-2013]
A business enterprise primarily engaged in the retail sale of alcoholic beverages for consumption on the premises, which may include food service as secondary to the amount of floor area and sales generated by the drink sales.
[Added 7-19-2011 by L.L. No. 5-2011]
A portion of a building that is partly underground which has more than 1/2 its interior height measured from floor to finished ceiling above the average finished grade of the ground adjoining the building, and shall be counted as a story in determining the number of stories of the building when the ceiling is six feet or more above finished grade.[1]
An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
[Added 8-5-2014 by L.L. No. 8-2014]
A dwelling having a resident host on premises in a private single-family or two-family home in which at least three and not more than 10 rooms are provided for overnight accommodations, the rates for which include breakfast and lodging only, and in which no public restaurant is maintained and no other commercial services are offered.
[Added 7-19-2011 by L.L. No. 5-2011]
Vegetable oil or animal-fat-based diesel consisting of long-chain alkyl (methyl, ethyl, or propyl) esters, typically made by chemically reacting lipids (e.g., vegetable oil, animal fat) with an alcohol producing fatty acid ester. Biodiesel can be used in its pure form (B100) or blended with petroleum diesel. Blends equal to or greater than B20 (20% biodiesel, 80% petroleum diesel) shall be considered biodiesel.
[Added 8-5-2014 by L.L. No. 8-2014]
Area(s) on a lot usually within required yard areas, used to screen development or uses on adjoining properties, composed of either undisturbed or landscaped areas subject to the requirements of the Planning Board and Architectural Historic Review Board, and located according to the provisions of the Zoning Ordinance and the requirements of the Planning Board. The required setback shall be measured from the lot line for side and rear buffers and from the designated street line for front yard buffers. The following types of uses shall not be allowed in a buffer area:
[Added 3-10-1987; amended 3-5-2013 by L.L. No. 1-2013; 3-22-2016 by L.L. No. 5-2016; 6-28-2016 by L.L. No. 8-2016]
Buildings or aboveground structures.
Driveways and loading areas, except a driveway for ingress and egress to and from the site only shall be allowed to cross a buffer.
Parking areas or reserve parking areas.
Identification sign (pylon/movement).
Dumpster, trash, and recycling receptacles of any type.
Other structures or uses prohibited by the Planning Board.
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
A 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.[2]
A building in which is conducted the principal use of the lot on which it is located.
[Added 3-22-2016 by L.L. No. 5-2016]
The size and shape of buildings and nonbuilding uses, and the physical relationship of their exterior walls or their location to lot lines and other buildings or other walls of the same building, and all open spaces required in connection with a building. Bulk regulations include regulations dealing with floor-area ratio, lot area, lot area per dwelling unit, lot frontage, lot width, height, required yards, courts, usable open space, spacing between buildings on a single lot and length of buildings in a row.
That part of a building or nonbuilding use which does not conform to one or more of the applicable bulk regulations of this chapter, either on its effective date or as a result of subsequent amendments thereof.
A roofed structure, with or without enclosing walls, used for the storage of one or more automobiles.
The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms "1," "2," and "3" are the most common EV charging levels, and include the following specifications:
[Added 8-5-2014 by L.L. No. 8-2014]
Level 1 is considered slow charging. It is present in homes and businesses and typically operates on a fifteen- or twenty-amp breaker on a one-hundred-twenty-volt alternating current (AC) circuit and standard outlet.
Level 2 is considered medium charging. It is expected to become the standard for home and public charging and typically operates on a forty-amp to one-hundred-amp breaker on a two-hundred-eight- or two-hundred-forty-volt AC circuit.
Level 3 is considered fast or rapid charging. It is primarily for commercial and public applications (e.g., taxi fleets and charging along freeways) and typically operates on a sixty-amp or higher dedicated breaker on a four-hundred-eighty-volt or higher three-phase circuit with special grounding equipment. Note that the term "Level 3" is recommended to identify the increased power need in a numerical fashion (i.e., "3"), but the Level 3 charging level is also sometimes referred to as "Fast" charging and "Rapid" charging.
A facility licensed by New York State pursuant to the Social Services Law that provides care for seven or more children, for more than three and less than 24 hours per day, in premises other than the residence of a care provider, and for children between the ages of six weeks and 12 years of age.
[Added 2-8-2000; amended 7-19-2011 by L.L. No. 5-2011]
Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.
A person who currently lives in the Town of Clarkstown, New York, with the intent to make the Town of Clarkstown his or her fixed, sole and permanent residence. An individual who lives in a house, a home, an apartment, a room or other similar place in the Town of Clarkstown continuously for at least three years shall be considered to have “presumptive evidence” that he or she is a resident of the Town of Clarkstown.
[Added 4-17-2007 by L.L. No. 3-2007]
An organization catering exclusively to members and their guests to promote nonprofit social, educational, athletic, service or recreational objectives, with no vending, merchandising or commercial activities conducted except as required generally for the membership and purposes of the club. Includes private veteran, fraternal, social or health clubs.
[Amended 7-19-2011 by L.L. No. 5-2011]
An organization, public or private, which provides any outdoor golf course, tennis court, swimming pool, day camp or similar recreational facilities or accessory restaurants, whether or not operated for profit.
[Added 7-19-2011 by L.L. No. 5-2011]
Permanent or temporary structures or staging areas for billiard parlors, driving ranges, batting cages, mini-golf, bowling alleys, paintball courses, video arcades or similar gaming activities and amusement parks.
[Added 7-19-2011 by L.L. No. 5-2011]
An area of land, including structures thereon, used for the supply of fuels, such as gasoline, diesel, propane, compressed natural gas, biodiesel, hydrogen, and Levels 1, 2, or 3 electric charging, for private fleet usage.
[Added 8-5-2014 by L.L. No. 8-2014]
Fuel made from natural gas compressed to less than 1% of the volume it occupies at standard atmospheric pressure.
[Added 8-5-2014 by L.L. No. 8-2014]
An area of land, including structures thereon, used for the supply or sale of compressed natural gas fuel for use in natural gas vehicles.
[Added 8-5-2014 by L.L. No. 8-2014]
The ownership interest in dwelling units and other facilities acquired pursuant to Article 9-B of the Real Property Law of the State of New York.[3]
A facility operated by or on behalf of a contractor(s) for open storage and parking of operable commercial vehicles and contractor equipment and supplies, including the storage and parking of recreational vehicles, boats and trailers.
[Added 2-10-2009 by L.L. No. 2-2009]
A facility, other than a hospital or nursing home, where persons recovering from illness, not needing the level of care provided by a nursing home, are provided with lodging, meals and sufficient staff assistance to assist in the gradual recovery from prolonged illness.
[Added 2-8-2000]
The ownership interest in dwelling units and other facilities acquired by a corporation organized pursuant to the Cooperative Corporations Law of the State of New York.
An 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 inner court does not extend to a street or yard. An outer court extends to a street or yard.
Building and land used for the purposes of public education or entertainment, including museums, libraries, art galleries, community centers, institutional philanthropic use and similar facilities, however does not include theatrical performances, performing arts, dance and music programs, concerts or similar large public gathering events.
[Added 5-7-2013 by L.L. No. 3-2013]
A building or premises operated by a nonprofit organization, primarily oriented to teaching and presenting fine creative and performing arts, which building or premises is used for social, civic, cultural gatherings, fund-raising events, neighborhood meetings, art shows, theatrical performances, performing arts, dance and music programs, concerts and recitals or similar events and educational programs solely related to the principal cultural use(s) as stated above and accessory uses such as day camps, swimming pools, tennis and other game courts.
[Added 7-22-2008 by L.L. No. 8-2008]
For the purposes of the AAR Zoning District, shall be equal to a percentage density increase over the otherwise allowable maximum residential density.
[Added 4-17-2007 by L.L. No. 3-2007]
A legally binding agreement between a developer and the Town of Clarkstown to ensure that the requirements of the AAR Zone are satisfied. The agreement shall establish, among other things, the number of density bonus units, their size, location, terms and conditions of affordability, production schedule and restrictions on resale.
[Added 4-17-2007 by L.L. No. 3-2007]
Those residential units granted pursuant to special permit which otherwise exceed the maximum residential density for the development site.
[Added 4-17-2007 by L.L. No. 3-2007]
Density of population in a district, measured by the number of families per acre.
An internal combustion engine that uses the heat of compression to ignite diesel fuel. Vehicles with diesel engines can be filled at gasoline stations as defined elsewhere.
[Added 8-5-2014 by L.L. No. 8-2014]
Colloquially referred to as "diesel" or "petrodiesel," a mixture of hydrocarbons, obtained by distillation of crude oil, that tends to be denser and less volatile than gasoline. Diesel fuel is characterized by properties such as cetane number (or cetane index), fuel volatility, density, viscosity, cold behavior, and sulfur content. Diesel fuel specifications differ for various fuel grades.
[Added 8-5-2014 by L.L. No. 8-2014]
A 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 the 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 the building or structure used for dormitory purposes. Single-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 by no more than four persons.
[Added 3-22-2016 by L.L. No. 5-2016]
See "restaurant with drive-through or curb service."
[Amended 7-19-2011 by L.L. No. 5-2011]
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.
Same as "residence."
A building or part thereof containing complete housekeeping facilities for one family.
An apartment which contains combined living, sleeping and kitchen (or kitchenette) areas in one room with a separate bathroom.
[Added 3-4-2014 by L.L. No. 2-2014]
Any motor vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes:
[Added 8-5-2014 by L.L. No. 8-2014]
A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.
[Added 8-5-2014 by L.L. No. 8-2014]
Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
[Added 8-5-2014 by L.L. No. 8-2014]
A person having attained the age of 55 years and having been a resident of the Town of Clarkstown for at least five years.
A portion of a major regional shopping center consisting of a structure which is roofed and otherwise enclosed by abutting buildings or structures for use by stores, shops and other establishments which abut and open thereon forming an integrated architectural unit.
[Amended 6-28-2005 by L.L. No. 6-2005; 9-6-2016 by L.L. No. 10-2016]
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.
In determining whether individuals are living together as a functional equivalent of a traditional family, the following criteria must be present:
The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;
The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency and stability may include:
The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
Members of the household have the same address for purpose of voter's registration, driver's license, motor vehicle registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
There is a common ownership of furniture and appliances among the members of the household; and
The group is not transient or temporary in natures.
Any other factor reasonably related to whether or not the group is the functional equivalent of a family;
Substantiation of family status by affidavit or by other legal proof or documents may be required.
Day care in a family home shall mean day care of more than two and not more than six children in a single-family detached residence.
[Added 7-8-1986; amended 12-18-1986]
Indoor or outdoor recreation activities capable of participation in by family members of varying ages. Examples include, as a general category, those for which parking standards are provided in Table 9, Column 6, Numbers 3 and 21 through 34.[4]
[Added 6-25-1991; amended 3-22-2016 by L.L. No. 5-2016]
Any parcel of land containing at least 10 acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
A fence which is so constructed as not to contain openings which can be seen through.
A group of vehicles owned by a private or public entity for the primary purpose of serving the activities of that entity. Fleet vehicles are distinct from employee-owned vehicles used for commuting.
[Added 8-5-2014 by L.L. No. 8-2014]
Rooms occupied by one or more persons for living, eating and/or sleeping, but does not include attached or built-in garages, open porches or terraces, or rooms below grade. On the first floor, it shall be construed to mean all finished floor area having a clear headroom of 7 1/2 feet or over, including stairwells; in the second floor all finished or unfinished floor area having a clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of six feet, with sidewalls not less than 5 1/2 feet in height.
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
[Amended 9-24-1991; 9-27-2005 by L.L. No. 7-2005]
For single-family detached residences, the floor area, whether finished or unfinished, in square feet, of all buildings on a lot divided by the area of such lot in square feet. For purposes of this definition, attics and the first 400 feet of roofed but unenclosed front porches are not included, all other covered porches are included, and 50% of the area below ground level (not including crawl spaces with less than a five-foot headroom) is included.
For all other buildings, the floor area, whether finished or unfinished, in square feet, of all buildings on a lot, excluding areas used for underground internal parking, divided by the area of such lot in square feet.
A person who met the definition of “Clarkstown resident” within the past three years.
[Added 4-17-2007 by L.L. No. 3-2007]
A facility designed or used, in major part, for the receiving, sorting and shipping by common carriers of articles manufactured, packaged or sold by others.
[Added 4-7-1976]
The percentage of a lot width, when viewed from the street, which is occupied by building facade. Areas of building facade which are located beyond the maximum setback distance shall not count toward this percentage.
[Added 5-7-2013 by L.L. No. 3-2013]
A device that produces electricity through the direct oxidation of a fuel without direct combustion. Fuel cells are distinct from batteries in that they require a continuous rather than finite supply of fuel. Fuel cells often use hydrogen as fuel. A vehicle can use the electricity generated by a fuel cell to power an electric motor.
[Added 8-5-2014 by L.L. No. 8-2014]
Any area of land, including structures thereon, that is used for the sale of any motor vehicle fuel, and oil and other lubrication substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating motor vehicles, but does not include painting or body work.
[Added 8-5-2014 by L.L. No. 8-2014]
A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
A building or premises used for the storage, repair, rental, sale and/or servicing of motor vehicles, and/or for the retail sale of fuel for such vehicles.
A building used for storage of motor vehicles owned and used by the owner or tenant, or the lot on which it is erected for a purpose accessory to the use of the lot.
A multiple residence not more than two or three stories in height.
Colloquially referred to as "gas," the fractional distillate of petroleum used to power a gas engine. Gasoline is denser than natural gas.
[Added 8-5-2014 by L.L. No. 8-2014]
An internal combustion engine that uses spark plug(s) to ignite a mixture of gasoline and air. Vehicles with gas engines can be filled at gasoline stations as defined elsewhere.
[Added 8-5-2014 by L.L. No. 8-2014]
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel, and oil and other lubrication substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, except painting or major repairs.
The elevation of the center line of the street as officially established.
The completed surfaces of lawns, walks, curbs, roads and parking areas brought to grades as shown on official plans or designs relating thereto.
Areas of a lot covered by natural vegetation or landscaping such as grass, trees, shrubs, flowers, mulch and similar organic growth which is maintained in good condition and free from impervious surfaces such as asphalt or concrete.
[Added 5-7-2013 by L.L. No. 3-2013]
As defined in 6 NYCRR Part 371.
[Added 6-22-1993]
The vertical distance from the average elevation of the proposed finished grade along the wall of a building or structure 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 structure.
A facility, with improvements for the taking off and landing of helicopters.
[Added 10-26-1999]
Any occupation, business or professional activity which results in a product or service and which is conducted in whole or in part in a dwelling or on a residentially zoned property, is clearly subordinate in space utilization and intensity to the residential use of the dwelling unit and has received a permit from the Building Inspector or the Board of Appeals.
[Amended 2-8-1983; 5-24-1988; 1-23-1990; 3-22-2016 by L.L. No. 5-2016]
Home occupations do not include:
Outside storage of equipment or material.
The use or storage on site of a wheeled vehicle in excess of 6,500 pounds' gross weight and no more than one wheeled vehicle other than passenger cars.
Activities after the hour of 11:00 p.m. and before 7:00 a.m. on weekdays and from 11:00 p.m. to 9:00 a.m. on Saturdays and legal holidays.
The keeping of goods for sale or rent.
Home occupations do not include animal hospitals, morticians, limousine services, automotive-repair services, barbershops, nail salons, beauty parlors, massage establishments, restaurants, pet grooming, animal breeding or kennels or similar uses which in the opinion of the Building Inspector are not usual and customary to a home occupation.
A facility, operated by a public health care agency or private, nonprofit hospice agency authorized by the New York State Department of Health, in which residential hospice care is provided to not more than 10 persons, pursuant to a certificate of need issued by the New York State Department of Health and subject to the provisions of such certificate of need. Such facility shall provide for communal dining and recreational facilities for patients. Not more than two caretakers may also reside in a separate structure of not more than 2,500 square feet on the same lot or in the same structure as the hospice residence.
[Added 5-13-2008 by L.L. No. 2-2008]
See "hospital or clinic."
[Amended 7-19-2011 by L.L. No. 5-2011]
A facility or clinic for the treatment and medical care of human ailments which includes overnight bed facilities. Does not include sanitariums, mental health facilities or similar long-term-stay medical facilities.
[Added 7-19-2011 by L.L. No. 5-2011]
A facility or clinic for the treatment and medical care of minor human ailments primarily designed without any overnight inpatient bed facilities, such as medical offices, dentists, LASIK eye surgery, physical therapy or similar treatments.
[Added 7-19-2011 by L.L. No. 5-2011]
A building approved by the Building Inspector and the Fire Inspector as a hotel used to provide sleeping accommodations for transient guests for periods of less than 30 days in which more than six rooms are available for hire.
[Amended 6-6-2023 by L.L. No. 5-2023]
A shallow pool containing heated water and/or a means to circulate water or air within the pool, which is not used for swimming.
[Added 5-24-1988]
Also referred to as "hydrogen fueling station" or a "hydrogen filling station," an area of land, including structures thereon, used for the supply or sale of hydrogen fuel for use in hydrogen vehicles.
Vehicle that uses hydrogen as an onboard fuel for locomotion. A hydrogen vehicle operates using either a hydrogen-powered internal combustion engine or a hydrogen-powered fuel cell.
The man-made portion of a property that substantially reduces or prevents the infiltration of rainwater, including, but not limited to, buildings, asphalt or concrete parking and driveway areas, sidewalks, and other paved surfaces.
[Added 5-7-2013 by L.L. No. 3-2013; amended 6-20-2023 by L.L. No. 6-2023]
A household with an income that does not exceed 60% of the Rockland County median income as published annually by the US Department of Housing and Urban Development. Third-party verification of assets must be supplied by the applicant, and interest derived from all assets using a multiplier of 2% shall be included when determining total assets (utilizing Section 42 of IRS Code and any amendments thereto). This shall be verified annually.
[Added 4-17-2007 by L.L. No. 3-2007; amended 3-4-2014 by L.L. No. 2-2014]
A building, approved by the Building Inspector and the Fire Inspector as an inn, which contains a dwelling unit occupied by an owner or resident manager, with more than three and up to 20 guest rooms, where overnight lodging and meals are provided for compensation to transient guests for periods of less than 30 days, and where meals are offered to the general public and not limited to overnight guests.
[Added 7-19-2011 by L.L. No. 5-2011; amended 6-6-2023 by L.L. No. 5-2023]
An area of land, with or without buildings, used for or occupied by the storage of used or discarded materials such as wastepaper, rags or scrap metal, building materials, housefurnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or the storage on a lot of two or more wrecked or broken-down vehicles or parts of two or more such vehicles for one month or more in an R District or for three months or more in any other district shall be deemed to be a "junkyard."
A commercial facility for the grooming, keeping, boarding or selling of dogs, cats, and occasionally other common household pets. These facilities may also accommodate the routine breeding of dogs and cats.
[Added 3-26-2019 by L.L. No. 4-2019]
A building or buildings for experimentation in pure or applied scientific or engineering design, development of prototype machines or devices or of new products, and processing and fabricating incidental thereto and customary accessory uses necessary thereto, provided that materials or finished products shall not be manufactured, processed, fabricated or assembled on the premises primarily for wholesale or retail sale except as a pilot operation and conducted as a corollary to such experimentation and research, further provided that no commercial servicing or repair of commercial products be performed, and further provided that there be no display of any materials or products for sale other than models or samples directly related to such research or development.[5]
Retail sales of plants, trees, flowers, gardening or other landscaping elements with an outdoor display area for items which require or are designed for outdoor exposure.
[Added 7-19-2011 by L.L. No. 5-2011]
Business premises equipped with individual clothes-washing and dry-cleaning machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a multiple dwelling.
Business premises equipped with individual clothes-washing and clothes-drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a multiple dwelling. May include pickup and dropoff of dry cleaning which is conducted off-site in a separate facility.
[Added 7-19-2011 by L.L. No. 5-2011]
Any process whereby the nature, size or shape of the article is changed or where articles are assembled or packaged in quantity, provided that said process does not create excessive noise, dirt, traffic, fumes, odors or other undesirable characteristics normally associated with a heavy manufacturing operation.
[Added 4-7-1976]
On-site repair or maintenance of personal property such as household electronics, computers, appliances, watch, jewelry or shoe repair, tailoring, upholsterers and similar light work stored and conducted within an enclosed building.
[Added 7-19-2011 by L.L. No. 5-2011]
The dividing line between the street and the lot.
A space other than a street, public right-of-way, or required parking space, the principal use of which is for standing, loading and unloading of motor trucks, tractors, and trailers, to avoid undue interference with the public use of streets and alleys.
[Added 3-22-2016 by L.L. No. 5-2016]
A space adjacent to a loading dock, platform or dedicated receiving area other than a street, public right-of-way, or required parking space, the principal use of which is for standing, loading and unloading of motor trucks, tractors, and trailers, to avoid undue interference with the public use of streets and alleys.
[Added 3-22-2016 by L.L. No. 5-2016]
A parcel of land, not divided by streets, occupied or to be occupied by one or more principal buildings and accessory buildings or uses customarily incident thereto, including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not coincide with the land shown as a lot on a duly recorded plat.
[Amended 2-15-1978]
The total horizontal area included within property lines of a lot, exclusive of any area of a lot designated as a right-of-way or easement for vehicular access.
[Amended 11-27-1990]
A lot whose lot lines have an interior angle of less than 135° at the intersection of two street lines.
The percentage of the lot which is covered by impervious surface, including but not limited to buildings, structures, parking areas, driveways and roads, which reduce stormwater infiltration. Lot coverage shall include all site construction features except: (1) fences which have no continuous footing; (2) decks with spaced decking (minimum gaps of 1/8 inch) which are constructed over pervious surfaces; (3) the portion of a roof designed for and planted with vegetation as a permanent feature ("green roof"); (4) any area deemed by the Department of Engineering and Facilities Management to provide stormwater detention or infiltration which acts to attenuate peak flow from the site; and (5) those areas of the lot constructed using "porous pavements" meeting the criteria contained in the NYS Stormwater Management Design Manual, current edition, including all amendments. A stormwater maintenance agreement, including security, under the provisions of Chapter 249A shall be executed by the owner for all stormwater management measures incorporated into the design of the lot. Nothing herein shall alter or reduce the requirements of Chapter 249A regarding stormwater quality and quantity controls.
[Amended 7-2-2013 by L.L. No. 5-2013; 6-20-2023 by L.L. No. 6-2023]
The horizontal distance measured from the midpoint of the front lot line to the midpoint along the rear lot line.
[Added 3-10-1987]
The horizontal distance measured along the full length of a street line abutting the lot line.
A lot other than a corner lot.
A boundary line of a lot.
The line of a public or private street on which a lot fronts or abuts.
[Amended 11-27-1990]
A lot line other than another front lot line on another street which is the farthest lot line from the street. (Where there is any question, the Building Inspector shall designate the rear lot line.)
Any lot line not a front lot line or a rear lot line, including a lot line of an offset portion of a lot.
An interior lot extending from one street to another.
The distance between side lot lines measured at the required front yard setback line.
[Amended 3-8-2022 by L.L. No. 2-2022]
Any process whereby the nature, size or shape of articles is changed, or where articles are assembled or packaged in quantity.
The maximum number of residential units permitted by the Town of Clarkstown Zoning Local Law at the time of application, based on the number of units that could be generated from a standard subdivision map, not including any density bonus units which may be allowable under this chapter. For nonresidential zones, the maximum residential density shall be calculated by applying the zoning district of abutting residential parcels, and calculating a theoretical unit count based upon a standard subdivision map. For nonresidential parcels that abut more than one residentially zoned parcel, the maximum residential density shall be calculated by applying the zoning district of the residential parcel with the greatest percentage of property abutting the subject property.
[Added 4-17-2007 by L.L. No. 3-2007]
As defined in 6 NYCRR Part 364.9(c)(1) and (2).
[Added 6-22-1993]
A structure or group of structures intended for dead storage of goods or wares where individual stalls, garages or lockers are rented to different tenants and each individual unit provides less than 500 square feet of storage area.
[Added 9-26-1989]
A structure containing both allowable commercial uses on the ground floor level as well as residential dwelling units within the same building.
[Added 7-19-2011 by L.L. No. 5-2011]
A building or a group of buildings, approved by the Building Inspector and the Fire Inspector as a motel, whether detached or in connected units, designed as individual living and sleeping quarters with individual entrances, for hire by guests who are transient motor vehicle travelers for periods of less than 30 days.
[Amended 6-6-2023 by L.L. No. 5-2023]
See Multiple Residence.
[Added 3-22-2016 by L.L. No. 5-2016]
A dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other.
A building containing three or more dwelling units, including units that are located one over the other.
[Added 4-17-2007 by L.L. No. 3-2007]
A refined petroleum product consisting primarily of methane.
[Added 8-5-2014 by L.L. No. 8-2014]
A vehicle that uses compressed natural gas or liquefied natural gas as fuel for locomotion. A NGV is either:
[Added 8-5-2014 by L.L. No. 8-2014]
A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
A licensed facility, other than a hospital, where elderly or infirm persons who are unable to care for themselves are provided with twenty-four hour-care consisting of lodging, meals, personal grooming and cleaning, supervision for medication and other therapeutic needs, recreation and companionship by trained and licensed staff.
[Amended 2-8-2000]
The adopted Official Map of the Town of Clarkstown of Rockland County, pursuant to § 270 of the Town Law.
A monetary contribution by the applicant to the Clarkstown Affordable Housing Trust Fund in lieu of providing affordable units in exchange for a density bonus.
[Added 4-17-2007 by L.L. No. 3-2007]
A portion of a major regional shopping center which is not completely enclosed within a building and which is neither permanently heated nor cooled, devoted to retail sales, which is accessory to a building devoted to retail sales.
A development plan for a planned economic development in accordance with § 290-7 of this chapter.
[Added 4-7-1976]
One off-street parking space available for parking of one motor vehicle exclusive of passageways and driveways appurtenant thereto and giving access thereto.
A parking facility and adjacent access drives, aisles and ramps that are located in an aboveground structure with two or more levels. This term includes commercial parking operations as well as private parking structures. This term shall not include parking facilities below grade, enclosed within the footprint of a building and private one-story garages for single-, two- or multifamily dwellings.
[Added 7-19-2011 by L.L. No. 5-2011]
A parking facility located entirely below grade or within the footprint area of a building where motor vehicles are parked, stored or allowed to remain. Separate and distinct from an aboveground parking structure.
[Added 7-19-2011 by L.L. No. 5-2011]
A single-family dwelling on a separate lot with open space setbacks on three sides.
[Added 4-17-2007 by L.L. No. 3-2007]
A single-family dwelling on a separate lot having one party wall and one side yard.
[Added 4-17-2007 by L.L. No. 3-2007]
Personal services for the improvement of mind and body, including nail or hair salons, musical and dance instruction, yoga, karate, licensed massage therapy, physical therapy, fitness center and similar activities.
[Added 7-19-2011 by L.L. No. 5-2011]
A surface which is designed with air holes and crevices to allow rain water to infiltrate directly into the ground, including pervious asphalt, pervious concrete, gravel and pervious pavers.
[Added 5-7-2013 by L.L. No. 3-2013]
A daytime care service establishment for dogs, cats, and occasionally other small household pets. This facility may also provide overnight boarding and hygiene/grooming services. In contrast to breeding or boarding kennels, these facilities focus on delivering amenity-rich services geared towards pets and their owners and may include a retail space offering an assortment of associated pet care products. The breeding and/or selling of animals at these facilities is not permitted.
[Added 3-26-2019 by L.L. No. 4-2019]
An establishment primarily engaged in providing services for common household pets, including bathing, clipping, grooming, feeding and day care, and accessory retail sales. Does not include overnight pet boarding.
[Added 5-7-2013 by L.L. No. 3-2013]
Fuel that is a fractional distillate of petroleum used to power a diesel engine. Unlike biodiesel, petrodiesel is not an alternative fuel.
[Added 8-5-2014 by L.L. No. 8-2014]
An electric vehicle that:
[Added 8-5-2014 by L.L. No. 8-2014]
Contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor;
Charges its battery primarily by connecting to the grid or other off-board electrical source;
May additionally be able to sustain battery charge using an on-board internal-combustion-engine-driven generator; and
Has the ability to travel powered by electricity.
Land and all buildings and structures thereon.
The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.
Offices for the practice of licensed professionals and general business such as lawyer, accountant, banking, travel agencies, insurance or real estate sales, engineer, architect, doctor, marketing, consulting and similar professions.
[Amended 7-19-2011 by L.L. No. 5-2011]
Also referred to as "liquefied petroleum gas (LPG)" or "autogas," an alternative fuel that is derived from the processing of unrefined natural gas. Propane is slightly denser and less volatile than methane, the main component of compressed natural gas.
[Added 8-5-2014 by L.L. No. 8-2014]
An area of land, including structures thereon, used for the supply or sale of propane fuel for use in propane vehicles.
[Added 8-5-2014 by L.L. No. 8-2014]
A vehicle that uses propane as on-board fuel for locomotion. A propane vehicle is either:
[Added 8-5-2014 by L.L. No. 8-2014]
Building or lands used for common civic institutions such as fire, police, ambulance and other public safety stations, municipal government offices, post offices and similar services.
[Added 7-19-2011 by L.L. No. 5-2011]
A natural or landscaped area, buildings or structures provided by a unit of government for the purpose of active or passive recreation. May include publicly accessible outdoor amenities such as a picnic area, baseball or soccer field, nature trail, jogging trail, nature preserve and similar public outdoor recreational play areas.
[Added 7-19-2011 by L.L. No. 5-2011]
Any lot used for the storage of motor vehicles which is open to be used by the general public.
[Amended 5-7-2013 by L.L. No. 3-2013]
Any structure or transit facility that is primarily used, as part of a transit system, for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another. Does not include bus stops along public roads.
[Added 5-7-2013 by L.L. No. 3-2013]
A building, structure or lot used for or in connection with the transmission, distribution or regulation of water, sewer, gas, electric, telephone or other public utility service, not including telecommunications towers.
[Added 5-7-2013 by L.L. No. 3-2013]
A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, topsoil or any natural material for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of building for which application for a building permit has been made to the Building Inspector.
An area of land upon which is located, permanently or temporarily, structures, machinery and/or other devices which are utilized to separate, process, modify, convert, treat, boil, compost, compact or prepare solid waste, refuse, leaves, trash, trees or soil, so that any component part of the same may be recovered.
[Added 5-23-1989]
A plan for the restoration and reuse of a parcel of land in order that any dangerous or unsightly conditions created thereon shall be remedied and which has the signed approval of the Planning Board.
The retail sale of various products or goods, or the provision of certain personal services customarily incidental to, related and clearly subordinate to a primary use in the same building. The use should not alter the primary use, nor serve property other than the parcel where the primary use is located. Such related retail uses may include, among others, the following: rooms or space for the incidental sale or display of merchandise produced on site, tasting rooms or food sales related to food or drink manufacturing, incidental retail sales related to artisan/craft product manufacturing, or sales of pharmaceuticals and health care equipment and supplies related to a medical office. See also "primary use."
[Added 8-5-2014 by L.L. No. 8-2014]
Churches, synagogues and similar places of worship, Sunday school buildings, parish houses and rectories.
[Added 7-19-2011 by L.L. No. 5-2011]
A building or part thereof which contains one or more dwelling units for permanent occupancy.
See "multiple residence."
A building on a lot occupied for residential purposes by one dwelling unit only.
A one-family house having one party wall and one side yard.
A detached building having two side yards and designed for or occupied exclusively by two families (with one family living over the other).
A facility established in accordance with the provisions of Article 6-A of the Social Services Law.
[Added 2-8-2000]
The type and density of residences existing within a neighborhood and their relation to each other and the surrounding open space.
A zoning district which is primarily designed to accommodate residential housing, including but not limited to R-80, R-40, R-22, R-15, R-10, RG-1, RG-2, MF-1, MF-2, MF-3 and AAR. Does not include mixed-use commercial/residential districts.
[Added 5-7-2013 by L.L. No. 3-2013]
Any 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 building, elsewhere on the premises or for carryout or served from a drive-in window for consumption off the premises. Fast-food restaurants do not include bakeries or delicatessens.
[Added 1-13-1987]
Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or principal method of operation includes one or both of the following characteristics:
[Added 1-13-1987]
Any restaurant whose design or principal method of operation includes drive-up or drive-through service and one or more of the following characteristics: a permanent menu board is provided from which to select and order food; customers pay for food before consuming it; food items are prepackaged in disposable packages designed to leave the premises or be taken to a table; a self-service condiment bar and trash receptacles are provided for customer use.
[Added 7-19-2011 by L.L. No. 5-2011]
Any restaurant, bar or tavern with some, or all, of the customer seating provided outside of the building on a porch, patio or outdoor cafe.
[Added 7-19-2011 by L.L. No. 5-2011]
Retail sales of goods to private consumers, including food and groceries, dry goods and miscellaneous retail services such as reproduction, printing and faxing services.
[Added 7-19-2011 by L.L. No. 5-2011]
Retail sales of goods or services to private consumers with a vehicle drive-through area, including pharmacies, banks, dry cleaning, photo processing, coffee or similar businesses.
[Added 7-19-2011 by L.L. No. 5-2011]
Streets which collect the traffic generated on local streets and serve a relatively short, convenient and direct means of access from the various development areas of the town to the secondary road system.
A major road that is fully or partially divided by a median, with access to abutting properties and/or other roads limited by design.
[Added 4-7-1976]
Streets whose prime function is to give direct access to abutting property. "Local roads" are the internal part of the system to provide movements within residential neighborhoods or other land use areas.
Streets or highways serving to connect through roads with each other and also to handle internal movements within the town.
Streets serving to connect major roads with each other and also to handle internal movements within the town.
The Rockland County median income for a family of a certain size as determined annually by the United States Department of Housing and Urban Development.
[Added 4-17-2007 by L.L. No. 3-2007]
An area of rock exposed at the surface of the ground.
[Added 10-26-1999]
Any public or private nursery, elementary, junior high, high school or college offering courses in general instruction and accredited by the New York State Education Department, offering courses at least five days per week and seven months per year.
[Added 3-22-2016 by L.L. No. 5-2016]
Any public school under the jurisdiction of the Commissioner of Education of the State of New York; any parochial school operated and maintained by any religious corporation authorized to perform its corporate functions in the State of New York; or any school chartered by the Board of Regents of the University of the State of New York.
Either:
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.
An opaque wall or barrier or uniformly painted fence at least six feet high.
Either (1) or (2) shall be maintained in good condition at all times, and may have normal entrances and exits, but shall have no signs affixed to or hung in relation to the outside thereof except the following: for each entrance, one directional arrow and the name of the establishment with "For Patrons Only" or like limitation, not over two square feet in area, which shall be illuminated. Where required in the district regulations, a screen shall be installed along or within the lines of a lot as a protection to adjoining or nearby properties.[6] |
A facility consisting of a building, or a group of buildings in a campus setting, which serves as a residence for persons age 55 or older who do not need daily assistance and can live independently, but where meals may be available in a dining room setting. In addition, housekeeping, linen, laundry services and other amenities may be provided. No licensed professional medical care or related services are directly provided. Subject to federal housing regulations, at least one member residing or proposing to reside in a dwelling unit shall have attained the age of 55 years or more on the date that such household initially occupies the dwelling unit and no persons age 18 or younger shall occupy any dwelling unit, with the exception of a superintendent's unit.
[Added 2-8-2000; amended 11-10-2011 by L.L. No. 7-2011; 6-4-2013 by L.L. No. 4-2013; 3-4-2014 by L.L. No. 2-2014; 9-6-2016 by L.L. No. 10-2016]
A building or a group of buildings which have the total number of dwelling units specifically designed for the needs of persons age 55 and older which may or may not be constructed with the assistance of mortgage financing or other financial assistance insured by or procured through or with the assistance of a municipal, state or federal governmental agency, and which is constructed and maintained by an organization or its wholly owned subsidiary incorporated pursuant to the provisions of the laws of the State of New York. Subject to federal housing regulations, at least one member residing or proposing to reside in a dwelling unit shall have attained the age of 55 years or more on the date that such household initially occupies the dwelling unit and no persons age 18 or younger shall occupy any dwelling unit, with the exception of a superintendent's unit. This includes assisted care living quarters and senior citizen congregate housing.
[Amended 6-4-2013 by L.L. No. 4-2013; 9-6-2016 by L.L. No. 10-2016]
The horizontal distance from such lot line to the part of the building or of the story, respectively, which is nearest to such lot line, which shall be deemed to be the distance that such building or story is set back or that it sits back from such lot line.
Parking lots located on two or more adjacent lots which are connected to each other and open for use by employees, customers and residents of either property interchangeably due to an agreement by the owners, with a majority of the parking spaces unreserved.
[Added 5-7-2013 by L.L. No. 3-2013]
A group of stores, shops and similar establishments occupying adjoining structures, whether attached or detached, all of which may be deemed one building if designed as an architectural unit.
A group of stores, shops and similar establishments occupying adjoining structures, whether attached or detached (all of which may be deemed one building if designed as an architectural unit), designed and developed to serve an extensive area beyond the immediate locality or town in which they are situated and containing an enclosed mall.
A group of stores designed as a unit to serve an extensive area beyond the immediate neighborhood or town in which they are located.
Any announcement, declaration, demonstration, billboard display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed where it may be viewed from the outside of any structure on the premises where placed. The display of merchandise and products inside a building and located at least two feet from a window shall not be considered a sign.[7]
[Amended 5-25-1982; 6-19-2007 by L.L. No. 12-2007]
The area, including the frame or edge of the sign, where the sign can be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. When two identical sign faces are mounted back to back on the same sign structure and are either parallel or form an angle not exceeding 30°, only one of the sign faces shall be used to compute the sign area. If the angle of the sign faces exceeds 30° then both faces shall be used to compute the sign area.[8]
[Amended 6-19-2007 by L.L. No. 12-2007]
A plan for the improvement and development of multifamily residential, commercial, research, laboratory and industrial properties and other nonresidential development, and which has the signed approval of the Planning Board.[9]
A parking arrangement where multiple commercial and residential uses on the same property are not required to provide the full amount of parking spaces for every use where it can be demonstrated that the uses experience their peak parking demands at different periods of the day.
[Added 5-7-2013 by L.L. No. 3-2013]
Lot area containing a natural or artificial incline in excess of 20%, measured and determined on the basis of two-foot contour intervals, as shown on a certified land survey.
[Added 10-26-1999]
That portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between floor and ceiling next above it. An attic accessible by fixed or movable stairs shall be considered as a story unless maintained unfurnished and without human occupancy.
An existing state, county or Town highway or a street shown:
On the Official Map of the Town;
On a plat approved by the Town Planning Board; or
On a plat duly filed and recorded in the office of the County Clerk of Rockland County prior to grant to the Town Planning Board of the power to approve plats, provided that such street shall have been suitably improved to the satisfaction of the Town Board.
A line equidistant from each street line, 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.
See "line, street."
Anything constructed or erected on or in the ground or attached to something having a location on or in the ground.[10]
An apartment which contains combined living and sleeping areas in one room with a separate kitchen with full size appliances and a separate bathroom.
[Added 3-4-2014 by L.L. No. 2-2014]
The following events are permitted on private property with access from a major road located within any nonresidential zoning district: arts and crafts show, outdoor retail sale, holiday or cultural festival, trade fair, grand opening/anniversary celebration or similar use as approved by the Building Inspector. Applicants must submit an application for a temporary event permit on forms provided by the Building Inspector at least 10 business days prior to the event. Such permits shall be limited to two events per calendar year for a duration of four days each, including setup and removal.
[Added 3-11-2008 by L.L. No. 1-2008; amended 3-22-2016 by L.L. No. 4-2016]
Any portable container, receptacle, or device of a type commonly used for the temporary storage of personal property and other matter. The term shall include, but not be limited to, portable on-demand storage units (PODS) and other similar containers.
[Added 4-10-2018 by L.L. No. 5-2018]
A vehicle used for living and sleeping quarters and standing on wheels or on a rigid support.
A lot where two or more trailers are parked or which is used or held out for the purpose of supplying to the public a parking space for two or more trailers.
An area of land upon which is located, permanently or temporarily, structures, machinery and/or other devices where any solid waste, refuse, leaves, trash, trees or soil is taken from a collection vehicle and placed either upon the land, into any other transportation unit or into any other device for future movement to another location.
[Added 5-23-1989]
Occupancy of a sleeping unit or sleeping quarters in a hotel, inn, or motel for less than 30 days. Transient occupancy does not include indefinite term, long-term or permanent occupancy.
[Added 6-6-2023 by L.L. No. 5-2023]
The retail sale of various products, goods, or the provision of certain personal services that are not related to the primary use and clearly differ from the primary use established on the same parcel and are for the exclusive use of company employees and visitors to a building but not for the general public. Such unrelated retail uses may include, among others, the following: retail sale of goods to private consumers, convenience stores, pharmacies, coffee shops, dining establishments (excluding drive-throughs, drive-ins and other curbside services), or personal services.
[Added 8-5-2014 by L.L. No. 8-2014]
That part of the ground area of a lot for a multifamily residence or single-family attached residence which is:
Devoted to outdoor recreational space, greenery and service space for household activities which are normally carried on outdoors.
Not devoted to private roadways open to vehicular transportation, accessory off-street parking spaces or accessory off-street loading berths.
Unobstructed except as permitted by Article V.
Accessible and available at least to all occupants of dwelling units for whose use the space is required.
Having a minimum dimension specified in the bulk tables for each district.
Notwithstanding the foregoing, usable open space shall be actually available for use, taking into consideration the grade of the property, walkability and excluding wetlands, floodplains and other natural features which impede the actual use and enjoyment of such area.
[Added 11-10-2011 by L.L. No. 7-2011]
Usable open space may be counted as part of any required yard. |
Refers to any purpose for which buildings or other structures or land may be occupied.
A use of a building or land, or both, which was lawfully established, but which does not conform to the use regulations for the district in which it is located in this chapter.
Structures required as part of providing local public services, including reservoirs, water tanks, water towers, water treatment plants, power and communication lines, railroads and their necessary rights-of-way.
[Added 7-19-2011 by L.L. No. 5-2011]
Poles, lines and towers used as part of a system for the transmission of electricity, telephone messages, telegraph messages, television pictures, gas, water and similar services and substances.
A wheeled or tracked conveyance used in agriculture.
A wheeled or tracked conveyance used in a trade or business except for agriculture.
An establishment for the care of dogs, cats and other domestic animals by practitioners of the sciences of veterinary medicine, including on-site boarding services.
[Added 7-19-2011 by L.L. No. 5-2011]
A predominately nonretail commercial function relating to the storage or movement of goods; a facility designed or used, in major part, for the storage of goods.
[Added 4-7-1976]
The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front lot line.
The space within and extending the full width of the lot from the rear line to the part of the principal building which is nearest to such lot line.
The space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line.
One of several designations given an area or areas of the town in which all uses of buildings and/or land within said area shall conform to the applicable provisions of this chapter.
[1]
Editor's Note: The former definition of "boardinghouse," which immediately followed this definition, was repealed 6-11-1991.
[2]
Editor's Note: The former definition of "building coverage," as added 7-2-2013 by L.L. No. 5-2013, which immediately followed this definition, was repealed 6-20-2023 by L.L. No. 6-2023.
[3]
Editor's Note: The former definition of "Congers Hamlet Center Overlay District," which immediately followed, as added 11-26-2002 by L.L. No. 14-2002, was deleted 2-10-2004 by L.L. No. 1-2004.
[4]
Editor's Note: Table 9, General Use Regulations for the LIO District, is included as an attachment to this chapter.
[5]
Editor's Note: The former definition of "land coverage," which immediately followed this definition, was repealed 6-20-2023 by L.L. No. 6-2023.
[6]
Editor’s Note: The former definition of "senior citizen," as amended, which immediately followed, was changed to “eligible senior citizen” 3-4-2014 by L.L. No. 2-2014.
[7]
Editor's Note: The definition of "sign, advertising," which immediately followed this definition, was repealed 6-19-2007 by L.L. No. 12-2007.
[8]
Editor's Note: The definitions of "sign, business," "sign, directional," "sign, directly illuminated," "sign, indirectly illuminated," "sign, flashing," and "sign, wall area," which immediately followed this definition, were repealed 6-19-2007 by L.L. No. 12-2007.
[9]
Editor's Note: The definition of "special care home," which immediately followed this definition, was repealed 3-28-2000.
[10]
Editor's Note: The definition of “tourist home,” which immediately followed this definition, was repealed 6-11-1991.
§ 290-4 Street classification.
For the purpose of providing for the development of a system of streets and highways in the town and for the future improvement, reconstruction and necessary widening of streets and highways, including provision for sidewalks, curbs and drainage facilities, each street in the town is hereby designated by one of the following street classifications: major roads, secondary roads, collector roads and local roads. The classification of each street is based on its present and estimated future traffic volume and its relative importance and function in the comprehensive system of streets and highways as specified in the Town Development Plan. The required front yard and maximum building height for any lot shall be measured as set forth for each street classification in § 290-19A(1). The street classification for this purpose of each street or highway or portion thereof in the town shall be as set forth on the Official Map of the Town of Clarkstown. Such map, together with everything shown thereon, is on file in the office of the Town Clerk.