[Amended 12-19-2005 by L.L. No. 5-2005; 11-3-2014 by L.L. No. 2-2014; 3-6-2017 by L.L. No. 1-2017; 3-19-2018 by L.L. No. 4-2018; 8-12-2019 by L.L. No. 8-2019; 5-16-2022 by L.L. No. 5-2022; 9-12-2023 by L.L. No. 17-2023; 11-27-2023 by L.L. No. 20-2023; 2-28-2024 by L.L. No. 5-2024; 3-27-2024 by L.L. No. 7-2024; 2-12-2025 by L.L. No. 3-2025]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORYA building or use clearly incidental or subordinate to and customarily used in connection with the type of principal building or use on the same lot. In order for a structure to be considered part of a principal building, it must, at a minimum, share, a common wall with the principal building or be connected to the principal building by a common fully enclosed space.
ACCESSORY APARTMENTA dwelling unit in a permitted one-family residence which is subordinate to the principal one-family dwelling unit in terms of size, location and appearance and provides complete housekeeping facilities for one family, including independent cooking, bathroom and sleeping facilities, with physically separate access from any other dwelling unit.
ACCESSORY COTTAGEA dwelling unit in a new or existing accessory structure located on the same lot as a detached single-family residence, which is subordinate to the principal single-family dwelling in terms of size, location and appearance and provides complete housekeeping facilities for one family, including independent cooking, bathroom and sleeping facilities.
ADULT BOOKSTORE or ADULT VIDEO STOREA retail or wholesale commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following, for consumption on or off the premises: books, magazines, periodicals or other printed materials, or photographs, films, motion picture, videocassettes or video reproductions, slides, or other visual representations which depict, describe, or relate to sexual activities or sexual anatomical areas; or instruments, devices, or paraphernalia which are designed for use in connection with specific sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specific sexual activities or specified anatomical areas and still be categorized as an "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe or specified anatomical specified sexual activities or specified anatomical areas. For the purposes of this definition, "principal business purpose" shall mean 40% or more of the following:
A. The number of different titles or kinds of such merchandise;
B. The number of copies or pieces of such merchandise;
C. The amount of floor space devoted to the sale and/or display of such merchandise; or
D. The amount of advertising which is devoted to such merchandise, whether in print or broadcast media.
ADULT ENTERTAINMENT CABARETA nightclub, bar, restaurant or similar public or private establishment which presents:
A. Persons who appear in a state of nudity;
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT USEA public or private establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings, or both; adult bookstore or adult video stores; adult entertainment cabarets; adult motion-picture theaters; adult theaters; adult motels; escort agencies; nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.
ADULT MOTELA hotel, motel or similar for-profit short-term rental establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexual activities or sexual anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or
C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building, structure or any portion thereof used for presenting films, motion pictures, videocassettes, slides or similar photographic reproductions distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.
ADULT THEATERA theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of sexual anatomical areas or by sexual activities.
BASEMENTA story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street and the floor level of which is below finished grade at any point on the periphery of the building.
BATTERY ENERGY STORAGE SYSTEMOne or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time (not to include a standalone twelve-volt car battery or an electric motor vehicle). A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows:
A. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 200 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
B. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 200 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
BED-AND-BREAKFAST ESTABLISHMENTA residential dwelling that makes available a room or rooms for overnight accommodation to transient paying guests with or without inclusion of one daily morning meal per paying guest as part of the accommodations provided.
BILLBOARDSThe type of sign commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing on the same lot or elsewhere than on the same lot where such sign is displayed.
BOARDER or ROOMERA person who occupies a room in a single-family dwelling unit for sleeping purposes on a non-transient basis for which they pay compensation to the property owner. The term "boarder" does not include a member of the property owner's family or persons related to the property owner by blood, marriage, or legal adoption.
BUILDINGAny combination of materials forming any construction. The term "building" shall include the term "structure" as well as the following:
B. Fences over six feet in height and more than 25% solid.
C. Walls, other than retaining walls, over five feet in height.
D. Radio and television antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.
E. Pergolas, porches, outdoor bins and other similar structures.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMA combination of solar panels and solar energy equipment integrated into any building envelope system, such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produces electricity for on-site consumption.
CANNABIS SHOPA retail outlet selling or distributing any cannabis product, the sale of which requires a license under the provisions of Chapter 7-A, Cannabis, of the Consolidated Laws of the State of New York.
CANOPYA permanent structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration. A canopy is permitted to be structurally independent or supported by attachment to a building on one or more sides.
CELLARAny space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street.
CHANGE OF USEAny use that substantially differs from the previous use of a building or land.
COURT, INNERAn open space enclosed on all sides by exterior walls of a building.
COURT, OUTERAn open space enclosed on three sides by exterior walls of a building.
COURT, DEPTH OF OUTERThe linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
CURB LEVELThe established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
DAY-CARE CENTERA facility, by whatever name known, which provides custody, care, training or babysitting for three or more children not related to the owner or operator. The term includes but is not limited to facilities commonly known as "day-care centers," "family day-care centers," "day nurseries," "nursery schools," "preschools" or "babysitting facilities."
DISH ANTENNA (SATELLITE RECEIVING ANTENNA)Any parabolic or spherical dish-type antenna, the purpose of which is to receive, but not transmit, microwave or other electronic signals from satellites or other sources for television or radio reception, data transmission, teleconferencing or other types of telecommunication.
DRIVE-THROUGH WINDOWSFacilities that encourage or permit customers to obtain goods, receive services, transact business, or be entertained, while remaining in their motor vehicles. The term "drive-through window" shall not include a single facility containing one ATM or teller or combination ATM/teller window that is attached to or an integral part of the principal building of a bank.
DWELLING, ATTACHEDA one-family dwelling having one or two side-party walls constructed on common interior lot lines, situated upon a separate lot, and having private entrances; each contiguous dwelling shall have an undivided 1/2 interest in each party wall.
DWELLING, ONE-FAMILYA detached building containing one dwelling unit only, or one primary dwelling unit and one accessory apartment.
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrances or other hallways or porches, or cooking or sanitary facilities in common with any other dwelling unit. A boarding- or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.
FACILITY AREAThe cumulative land area occupied during the commercial operation of the solar energy generating facility. This shall include all areas and equipment within the facility's perimeter boundary including the solar energy system, on-site interconnection equipment, on-site electrical energy storage equipment, and any other associated equipment as well as any site improvements beyond the facility's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features.
FAMILYOne or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that five or more persons living together in a single dwelling unit, who are not related by blood, adoption or marriage, do not constitute the functional equivalent of a traditional family. The following criteria shall be present in determining the functional equivalent of a traditional family:
A. The group is permanent and stable, and not transient or temporary in nature.
B. The group shares the entire dwelling unit, including cooking facilities.
C. The group shares expenses for rent, utilities or other household expenses.
D. Members of the household have the same address for purposes of voter's registration, driver' s license, motor vehicle registration, and filing of taxes.
E. Any other factor reasonably related to whether the group is the functional equivalent of a family. A dwelling unit in which various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.
FLOOR AREA, HABITABLEAll spaces within the exterior walls of a dwelling unit exclusive of garages, cellars, utility rooms, unheated porches and breezeways, but shall include all spaces not otherwise excluded, such as habitable basements, principal rooms, bathrooms and all closets and hallways opening directly into and appurtenant to any rooms within the dwelling unit, and all attic space having clear height of seven feet six inches or greater from finished floor level to ceiling level over 50% of the area of such attic space.
FLOOR AREA RATIOThe floor area, in square feet, of all buildings on a lot divided by the area of such lot in square feet. For purposes of calculating residential floor area ratio, “floor area” shall mean habitable floor area.
FRONTAGEIn connection with the issuance of a building permit, a minimum of 20 feet abutting directly on an approved street or highway and suitable for ingress and egress of motor vehicles including police cars, fire apparatus, ambulances or emergency vehicles.
GLAREThe effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is anchored to the ground via a pole, ballast system or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption.
HEIGHTA. For buildings the front wall of which is within five feet of the street, the vertical distance in feet and in stories measured from the curb level to the highest level of the roof surface of roofs, the slope of which is not more than one inch vertical to one foot horizontal, or the mean point between the eaves and the highest point of the roof if the roof is of any other type.
B. For buildings located in their entirety more than five feet from the street line, the height in feet and in stories shall be established by the Village Engineer in such a way that no building shall be prevented from attaining at least at one point the maximum height permitted in the district in which such building is proposed to be erected, such height to be measured above the elevation of the preconstruction grade abutting such building at that point.
C. For one- or two-family dwellings, the vertical distance from the average level of the finished grade along the wall or walls of the building facing the street to the highest level of the roof surface of roofs, the slope of which is not more than one inch vertical to one foot horizontal, or the mean point between the eaves and the highest point of the roof if the roof is of any other type. For purposes of this definition, where the finished ground surface is made by filling, the level of such finished grade shall not be deemed to be more than four feet above the preconstruction grade, as determined by the Village Engineer and as is consistent with the regulations set out in Chapter
120, Excavation, Filling and Topsoil Removal, of the Code.
D. The height of any berm, wall, or other structure upon which a fence is placed shall be included in the measurement of the height of the fence, except that, if a fence is placed on the higher elevation side of a retaining wall and at a distance of four feet or more horizontally from the exterior face of such retaining wall, the height of the retaining wall shall not be included in the measurement of the height of the fence.
E. The height of any wall shall include the height of any berm, wall, or other structure upon which the wall is constructed. If a wall or system of walls is constructed in "steps" or components within four feet of each other, it shall be considered one wall for the purpose of measuring its height.
KILOWATT (kW)A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy systems may be described in terms of kW.
LOTAny parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.
LOT AREAThe area of a lot measured on the basis of the horizontal distance between lot lines or between a lot line and a street line or between street lines.
LOT, CORNERA lot at the junction of and 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°.
LOT DEPTHThe minimum distance from the street line of a lot to the rear lot line of such lot.
LOT LINEAny boundary of a lot other than a street line.
LOT WIDTHThe average distance between side lot lines measured along two lines parallel to a line connecting the end points of the front lot line and drawn through those two points of the principal building closest to and farthest from the street.
MAIN FLOORThe largest area, found by the projection of a horizontal plane through the habitable floor area, which is enclosed by the exterior walls of the building.
MANUFACTURED HOMEA structure, transportable in one or more sections constructed off-site, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and complies with the requirements set forth in § 601 of the Executive Law. The term "manufactured home" shall not include any trailer as defined herein.
MANUFACTURINGAny process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged in quantity.
MEGAWATT (MW)A unit of power equal to 1,000 Kw. The nameplate capacity of larger solar energy systems may be described in terms of MW.
MIXED OCCUPANCYA building which has nonresidential use of the street level and residential use of another level or levels.
NAMEPLATE CAPACITYA solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current (AC) or direct current (DC).
NATIVE PERENNIAL VEGETATIONNative wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
NONCONFORMING BUILDING OR USEA building or use lawfully existing at the effective date of this chapter or any amendment thereto which does not conform to the regulations prescribed for the district in which it is situated.
OPEN SPACEAny space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would enhance the conservation of natural or scenic resources.
PASSIVE OPEN SPACESpace or area left permanently open and undeveloped, save for foot trails or paths.
ACTIVE OPEN SPACESpace or area which has been set aside and developed for activities, such as playing fields, pools, swimming ponds, tennis courts and skating rinks.
OPEN SPACE, USABLEAn unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all said occupants by means of access other than stairs.
PEEP SHOWSA theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to sexual activities or sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
POLLINATORBees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
RESTAURANTA business establishment engaged in preparing and serving food and beverages for consumption on the premises, which offers a full food menu and which provides table or counter service for patrons. An establishment shall be classified as a restaurant only if more than 50% of its revenues are derived from the service of food, as opposed to the service of alcoholic beverages, the charging of admission fees or any other source of revenue. Excluded from the definition of "restaurant" are business establishments which offer curb service, drive-through window service or any other type of drive-in or drive-through service.
RETAIL STORESIncludes but is not limited to stores pertaining to, connected with or engaged in the sale of commodities in small quantities directly to the general public or ultimate consumer, such as but not limited to beverages, whether alcoholic or nonalcoholic; household maintenance goods; soaps and toiletries; medicines; linen; wearing apparel; household appliances; furniture and furnishings; electric and electronic goods, including radio and television sets and sound and/or light recording and/or reproducing equipment and apparatus; toys; stationery goods; hardware goods; paints; craftsmen's supplies; notions; and novelty goods.
RETAINING WALLAny wall or system of walls retaining more than four feet of earth. The height of earth retained shall be measured from the ground level at the lower side of the retaining wall(s) to the top of the retaining wall(s). When the word "wall(s)" is used in this chapter, it shall be deemed to include "retaining wall(s)" unless otherwise specified. "Retaining wall(s)" are a subset of "wall(s)."
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar energy system located on the roof of any legally permitted building or structure, including those attached by a ballast system, that produces electricity for on-site or off-site consumption.
SEXUAL ACTIVITIESAny act of masturbation, fellatio, sodomy, sexual intercourse or fondling or other erotic touching of a person's genitals, pubic area, buttocks or breasts.
SIGNAny structure or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, pennant, insignia, trademark, device or other representation used as or which is in the nature of an advertisement, announcement, designation, display, attraction or directive not required by law of any person, firm, group, organization, commodity, service, profession or enterprise, when placed in such manner that it provides visual communication to the general public out-of-doors, but not including:
A. Signs maintained or required to be maintained by law or governmental order.
B. The flag or insignia of any government or governmental agency.
C. The flag of any civic, political, charitable, religious, fraternal or similar organization, which is hung on a flagpole or mast.
D. Religious or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices.
SIGN AREAIncludes all faces of a sign measured as follows:
A. When a sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included. The signage supports which affix the sign to the ground or to a structure shall not be included in the sign area, unless such supports are evidently designed to be part of the sign as defined herein. Where a sign consists of several individual faces, the sign area shall be the aggregate area of all such faces which can be observed from any one point.
B. When a sign consists only of letters, symbols, designs or figures engraved, painted, projected or in any manner affixed on a wall, the area of such sign shall be deemed to be that of the smallest single basic geometric shape (e.g., square, rectangle, triangle or circle) which encompasses all the letters, symbols, designs or figures.
SIGN, PORTABLEAny sign not permanently attached to the ground or other permanent structure, including but not limited to signs designed to be transported on wheels or by other means, blimps, or other similar vessels such as large balloons.
SOLAR ACCESSSpace open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
SOLAR ENERGY EQUIPMENTElectrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
SOLAR ENERGY SYSTEMThe components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, Tier 3, or Tier 4 solar energy system as follows:
A. Tier 1 solar energy systems include the following:
(1) Roof-mounted solar energy systems.
(2) Building-integrated solar energy systems.
(3) Canopy-mounted solar energy systems over parking areas.
B. Tier 2 solar energy systems include ground-mounted solar energy systems where the facility area of all solar panels and associated equipment on the lot, including any related battery energy storage system, does not exceed 1,800 square feet.
C. Tier 3 solar energy systems include ground-mounted solar energy systems where the total facility area of all solar panels and associated equipment on the lot, including any related battery energy storage system, falls between 1,801 square feet and one acre.
D. Tier 4 solar energy systems are systems that are not included in the list for Tier 1, Tier 2 and Tier 3 solar energy systems.
SOLAR PANELA photovoltaic device capable of collecting and converting solar energy into electricity.
STORAGE DEVICEA battery or other technology that stores energy and makes it available in an electrical form.
STORYThat part of any building, exclusive of cellars but inclusive of 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 roof beams.
STORY, HALFAny space partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
STREETA street shown on the Official Map of the Village of Croton-on-Hudson and improved to the satisfaction of the Planning Board.
STREET LINEThe dividing line between a lot and a street.
TOWNHOUSEA one-family dwelling having one or two side-party walls and having private entrances in a single building on land in common ownership.
TRAILERA vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. The term "trailer" shall include camping trailers, fifth-wheel trailers, park trailers, travel trailers, truck campers, mobile homes, recreational vehicles, motor homes, campers, and other similar vehicles. The term "trailer" shall not include any manufactured home as defined herein.
USE, ACCESSORYA use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building.
VAPE OR TOBACCO SHOPA retail outlet selling or distributing primarily any electronic cigarette or vapor products or tobacco products, including but not limited to electronic cigarettes; vape pens; dissolvable liquids; vaporizing liquids, oils or gels; mods; atomizers; vape tanks; coilheads; cigars and cigarettes or other tobacco products.
YARD, FRONTAn unoccupied ground area fully open to the sky between the street line and a line drawn parallel thereto.
YARD, REARAn unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.
YARD, SIDEAn unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto and between the front and rear yards.