Certain words and phrases are used in this chapter, which for the purposes hereof are defined as follows:
ACCESSORY BUILDINGA building, such as a stable, garage, playhouse, barn or greenhouse, which is subordinate or accessory to a main building already existing on the same lot and which in any residence district is not available to the public or used in connection with any commercial purpose.
AFFORDABLE DWELLING UNITA dwelling unit the rental or sales price of which does not exceed the maximum allowable level set forth in §
335-8C(3)(d) hereof.
[Added 12-2-1991 by L.L. No. 10-1991]
BOARDEROne who is not related by blood or affinity (marriage) to the person with whom he resides.
[Added 5-17-1971]
COMMERCIAL VEHICLEAny motor vehicle used for business or commercial purposes, including any trailers and semitrailers, tractors, when used in combination with trailers and semitrailers, and:
[Added 6-1-1992 by L.L. No. 17-1992; amended 9-20-2021 by L.L. No. 4-2021]
(1) Weighing more than 10,000 pounds; or
(2) More than 20 feet in length; or
(3) More than eight feet in width; or
(4) Bearing advertising on the vehicle, including but not limited to the name of the business, telephone number, hours of operation, logo or insignia, except to the extent that same does not exceed the minimum requirements of the County of Westchester for commercial vehicle licensing; or
(5) Carrying tools or equipment attached to the outside of the vehicles or carrying tools or equipment visible from outside of the vehicle; or
(6) Bearing a livery license plate, a taxi license plate or Taxi and Limousine Commission (TLC) license plate; or
(7) Bearing a taxicab roof sign; or
(8) Any vehicle classified as a jitney bus, school bus or school van; or
(9) Any tractor or backhoe or other truck or vehicle used for construction purposes.
CORNER LOTA lot at the junction of and fronting on two or more intersecting streets; the owner of a corner lot having the privilege of specifying which street lot line shall be deemed the front line for the purposes of this chapter, and being required when requesting a building permit to so specify.
COURTAn open space upon a lot containing a building, other than a yard. An "outer court" is one which extends for its full width to a street or a rear yard. An "inner court" is any other than an outer court. The width of an outer court is its horizontal dimension substantially parallel with its principal open end. The width of an inner court is its lesser horizontal dimension. The height of a court is to be measured from the lowest floor level it is required to serve up to the roof of the building served.
DEPTH OF LOTThe mean distance between its mean front street line and its mean rear line.
DRIVE-IN RESTAURANTPremises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as automotive trade, and used for the sale to the public of any product and providing curb and/or window counter service.
[Added 11-7-1988 by L.L. No. 3-1988]
FAMILYAny number of persons living together as a single family or housekeeping unit and using certain housekeeping facilities and rooms in common.
FILLING STATIONAny establishment supplying and selling gasoline or other equivalent fuel direct to motor vehicles from a pump or pumps located outside a building and on private property.
FLOOR AREA, GROSS (MULTIFAMILY AND NONRESIDENTIAL)The sum of the horizontal area of all stories of a building, measured from the exterior faces of exterior walls or, in the case of a common wall separating two buildings, from the center line of such common walls, but excluding unenclosed porches, porticoes, balconies, raised platforms, roof overhangs, gutters and chimneys, and nonhabitable space in a basement devoted to mechanical equipment, accessory storage, parking and/or loading.
[Added 3-3-2008 by L.L. No. 1-2008]
FLOOR AREA, GROSS (ONE-FAMILY AND TWO-FAMILY RESIDENTIAL)For all one- and two-family dwellings in residential zones, the sum of the horizontal area of all stories of a building, measured from the exterior faces of exterior walls. Any interior space with a floor-to-ceiling height in excess of 16 feet shall be counted twice. In calculating the gross floor area of a one- or two-family dwelling, and for the purpose of calculating floor area ratio (FAR), the following shall be excluded: decks; patios; unenclosed porches, porticoes, balconies and raised platforms; roof overhangs; gutters; chimneys; minor accessory structures; garages and unfinished, nonhabitable basements.
[Added 3-3-2008 by L.L. No. 1-2008; amended 8-8-2011 by L.L. No. 4-2011]
FRONT YARDAn open space lying between the lot line upon which a building fronts and the main front wall thereof, and running entirely across the lot in the two side lot lines.
GARAGEA building used for the housing of one or more motor vehicles.
GASOLINE SERVICE STATIONA filling station, as defined herein, at which major and/or minor vehicle repair, as herein defined, is performed.
[Added 6-4-2007 by L.L. No. 4-2007]
LOADING UNITSometimes abbreviated in this chapter as "LU," a nearly level off-street space available for the loading and unloading of goods, which space shall not be less than 10 feet wide, 30 feet long and 14 feet in clear height, and shall have direct usable access to a street or alley. Each loading unit and its access shall be suitably surfaced. A loading unit required for a building or use may be provided in the principal building or in a required side yard or rear yard, or in one of two or more access driveways to a required parking area, or in a single-access driveway having a width of at least 25 feet.
[Added 8-6-1962]
LOTA parcel of land under one ownership, the location, dimensions and boundaries of which are a matter of the latest official record.
MAJOR VEHICLE REPAIRThe following work performed on any motor vehicle: painting, body and fender work, engine overhauling or other major repair of motor vehicles; rebuilding, replacement or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; those uses listed under the definition of "minor vehicle repair" when combined with any of the above uses; and any other similar use. Any building or part thereof which is used for such work as provided in this definition shall be referred to as a "major vehicle repair shop."
[Added 6-4-2007 by L.L. No. 4-2007]
MINOR VEHICLE REPAIRThe following work performed on any motor vehicle: diagnostic services, minor motor services such as grease, oil, spark plug, and filter parts, automobile washing, steam cleaning, and polishing; repair or replacement of automotive glass and upholstery; installation of audio equipment; but not including any operation named under the definition of "major vehicle repair" or any other similar use. Any building or part thereof which is used for such work as provided in this definition shall be referred to as "minor vehicle repair shop."
[Added 6-4-2007 by L.L. No. 4-2007]
MOTOR VEHICLEAny self-propelling vehicle which is licensed to travel over the streets and highways. In calculating garage accommodations under this chapter, two two-wheeled motorcycles shall be considered as the equivalent of one motor vehicle.
MULTIFAMILY STRUCTUREAny building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of two or more families living independently of each other and doing their own cooking in said building. The term "multifamily dwelling" means a detached building containing two or more dwelling units.
[Added 8-6-1962]
NONCONFORMING USEThe use of a building or of land that does not conform to the regulations respecting permitted uses as set forth in this chapter for the district in which it is located.
[Amended 12-19-1966]
OPEN PORCHA piazza or porch, with or without a roof, which projects beyond a main wall of a building. If an open porch extends into a required front yard, the columns supporting the roof shall present the minimum of obstruction to the circulation of air and the view sideways through the porch, and any sash placed between the columns during the winter season shall be glazed with clear glass.
PARKING UNITSometimes abbreviated in this chapter as "PU," a nearly level off-street space available for the parking of one motor vehicle, which space shall not be less than eight feet wide and 20 feet long, exclusive of access drives and turning areas appurtenant thereto and giving access thereto, and which shall have direct usable access to a street. Each parking unit and its access passageways, drives and turning areas shall all be suitably surfaced and approved by the Building Inspector as to an all-weather base.
[Added 8-6-1962]
PRIVATE GARAGEA garage maintained primarily for the convenience of the owner, tenant or resident occupant of the premises and in which no business is carried on and no service is rendered to the public.
PUBLIC GARAGEAny garage, other than a private garage, which is used for the public or commercial parking of vehicles, which garage is not utilized in conjunction with or located upon the same property as a major vehicle repair shop, gasoline service station or filling station.
[Amended 6-4-2007 by L.L. No. 4-2007]
PUBLIC RESTAURANTA facility operated principally for the on-premises preparation and sale of food or beverages for human consumption on or off the premises. A delicatessen operated principally for the on-premises preparation and sale of food or beverages is to be considered a public restaurant. A grocery store not operated principally for the on-premises preparation and sale of food or beverages is not to be considered a public restaurant.
[Added 7-12-1965; amended 6-1-1992 by L.L. No. 16-1992]
QUALIFYING HOUSEHOLDA household whose aggregate income, including the total of all current annual income of all household members from any source whatsoever at the time of application, but excluding the earnings of working minors (under 21 years of age) attending school full-time, shall not exceed the income limitations set forth in §
335-8C(3)(c) hereof.
[Added 12-2-1991 by L.L. No. 10-1991]
REAR YARDAn open space lying between the rear lot line and the main rear wall of a building and running entirely across the lot to the two side lot lines.
REQUIRED YARD OR COURTAny yard or court required as a minimum under the provisions of this chapter. A required yard shall begin at a lot line and extend therefrom toward the interior of the lot; and where a lot line is irregular, its mean alignment shall be taken in determining measurements under this chapter.
SELF-STORAGE FACILITYA moving or storage office, or a warehouse establishment, for the purpose of storing personal property, subject to the following:
[Added 4-8-2024 by L.L. No. 4-2004]
(1) Such facilities shall be partitioned into individual, securely subdivided spaces for lease; and
(2) Such facilities shall consist of enclosed or unenclosed floor space which is subdivided by secured bins, boxes, containers, pods or other mobile or stationary storage devices; and
(3) Such facilities are to be leased or rented to persons or businesses to access, store or remove property on a self-service basis; and
(4) Only dead storage activities shall be permitted in such facilities. For the purposes of this definition, “dead storage” shall mean the keeping of goods not in use and not associated with any office, retail or other business activity conducted on the premises. Conducting an office, retail or other business use or sales from a storage unit shall be prohibited. One office facility shall be permitted within the site in appropriately designed structures. Accessory storage areas not connected to the main structure shall be permitted; and
(5) Outside storage shall be prohibited. Storage of all property shall be inside a building. Vehicle parking shall be provided for tenants and employees only while they are on the premises; and
(6) The storage in such facilities of hazardous materials, including but not limited to gasoline or other volatile petroleum products, radioactive materials, explosives and flammable or hazardous chemicals, and e-batteries, shall be prohibited, and the operator of the self-storage facility shall include a provision to that effect in any lease used to rent the storage units; and
(7) Plantings and landscaping shall be provided in all yards facing public roadways and shall both screen and visually interrupt the linear extent of the buildings so as to reduce the appearance of massive structures. Site lighting shall be provided and shall be directed or shielded to prevent glare on adjacent properties or roadways; and
(8) The following dimensional requirements shall apply to all self-storage facilities:
Data | Permitted/Required |
|---|
Lot area | Min. 0.5 acres |
Min. width | 100 feet |
Min. depth | 100 feet |
Min. frontage | 100 feet |
Buffers | Per Chapter 237, Parking Lots |
Front yard | 10 feet |
Min. side yard | 0 feet |
Min. rear yard | 0 feet |
Max. building height | 5 stories/70 feet |
SIDE YARDAn open space lying between a side lot line and a main side wall of a building, and running from the front lot line to the rear yard.
STREETAny road, avenue, street, lane, alley or other way set aside and commonly used for street purposes.
THROUGH LOTAny lot which runs through from one street to another, not an alley less than 25 feet wide. Such a lot is considered as having two street frontages, each of which frontages, on a street over 25 feet wide, is subject to the front yard requirements prescribed in §
335-15 of this chapter.
WIDTH OF LOTIts mean width measured at right angles to its mean depth.
WIRELESS TELECOMMUNICATIONS SERVICESThe provision of wireless telecommunications services, including those more commonly referred to as "cellular phones," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
[Added 5-16-2005 by L.L. No. 2-2005]
WIRELESS TELECOMMUNICATIONS SERVICES FACILITYAny equipment used in connection with the commercial operation of wireless telecommunications services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures.
[Added 5-16-2005 by L.L. No. 2-2005]