Greenwood Lake City Zoning Code
ARTICLE II
Interpretation; Definitions
§ 120-3 Interpretation; conflict with other laws.
A.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelter or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises or requires larger open spaces than are imposed or required by any other statute, ordinance, rule, regulation or permit, or by an easement or by agreement, the provisions of this chapter shall control.
B.
In the event of conflict in the terminology of any section or part thereof of this chapter, the more restrictive provisions shall control.
§ 120-4 Word usage; definitions.
A.
Word usage.
(1)
In enacting this chapter, it is the express intention of the Village Board that the same is enacted pursuant to the provisions of Article 2, § 10, of the Municipal Home Rule Law, and that the use of the word "ordinance" anywhere in this chapter shall be construed solely and only to mean "local law" within the intent and purview of said provisions of the Municipal Home Rule Law and shall not mean or include any reference to or interpretation of the word "ordinance" as the same is used in the last sentence of Article 1, § 2, Subdivision 9b, of the Municipal Home Rule Law, anything else to the contrary notwithstanding.
(2)
For the purposes of this chapter, words used in the present tense include the future; the singular number includes the plural, and the plural, the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
B. ACCESSORY AUTOMOTIVE REPAIR AND MAINTENANCE FACILITIES BASEMENT BED-AND-BREAKFAST BILLBOARD BOARDINGHOUSE (or ROOMING HOUSE) BUILDING(1) (2) (3) (4) (5) BULK BULK, NONCOMPLYING CELLAR CHILD DAY-CARE CENTER COMPREHENSIVE PLAN CONVENIENCE STORE COURT, INNER COURT, OUTER COURT, OUTER, DEPTH OF COURT, OUTER, WIDTH OF CURB LEVEL DECK DEVELOPMENT DOCK DRINKING ESTABLISHMENT DWELLING, DETACHED DWELLING, MULTIFAMILY DWELLING, ONE-FAMILY DWELLING, ROW OR ATTACHED DWELLING, TWO-FAMILY DWELLING UNIT EATING ESTABLISHMENT FAMILY FAST-FOOD EATING ESTABLISHMENT FLOOR AREA, GROSS FLOOR AREA, LIVABLE FLOOR AREA RATIO GASOLINE FILLING STATION HEIGHT HOME OCCUPATION HOTEL HOTEL, DESTINATION INDOOR AMUSEMENT CENTER INDUSTRY, LIGHT JUNKYARD JUNKYARD, MOTOR VEHICLE LIVE ENTERTAINMENT LOT LOT, CORNER LOT COVERAGE LOT DEPTH LOT LINE LOT LINE, REAR LOT WIDTH MAIN FLOOR MANUFACTURING MOTEL NONCONFORMING USE NURSERY SCHOOL OFFICE PARKING LOT PARKING SPACE PAVED SURFACE PETROLEUM BULK STORAGE FACILITY PLACE OF RELIGIOUS WORSHIP PRINCIPAL BUILDING PRINCIPAL USE PUBLIC SEWER; PUBLIC WATER RESEARCH AND DEVELOPMENT RESTAURANT RETAIL SATELLITE DISH ANTENNA SETBACK SHOPPING CENTER SHORELINE SIGN SIGN AREA SIGN, FACADE SIGN, FREESTANDING SPECIAL USE PERMIT STORY STORY, HALF STREET STREET LINE STRUCTURAL ALTERATION SWIMMING POOL, PRIVATE USABLE OPEN SPACE USE, ACCESSORY USE, PRINCIPAL WAREHOUSING AND DISTRIBUTION YARD, FRONT YARD, REAR YARD, REQUIRED YARD, SIDE ZONING ENFORCEMENT OFFICER
For the purposes of this chapter, the following terms shall have the meanings indicated:
A building or use clearly incidental or subordinate to, and customarily in connection with, the principal building or use on the same lot.
The conduct within a fully enclosed building of automotive maintenance, e.g., oil and filter changes (but excluding car washes), exterior vehicle repairs and/or repairs to the drive train or chassis of vehicles.
A 1/2 story in a building, the structural ceiling level of which is four feet or more above the average level of the 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 the finished grade at any point on the periphery of the building.
An owner occupied one-family dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, containing at least three but not more than five bedrooms for such lodgers.
A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally upon such lot.
Any dwelling in which lodging is available for permanent occupancy, and provided for compensation, with or without meals, to three or more persons, either individually or as families, not related by blood, marriage or adoption to the owner of said dwelling.
Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no building was present; the term "building" shall include the term "structure," as well as the following:
Signs.
Fences.
Walls, other than retaining walls, projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level.
Radio and television receiving and transmitting towers and antennas, except 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.
Porches, decks, outdoor bins and other similar structures.
The physical relationship of a building, structure or use to its location on a lot and other buildings, structures or uses on the same or an adjoining lot. Bulk requirements include but are not limited to lot area, lot width, building height, required yards, courts and development coverage.[1]
That part of a building, structure or use which does not comply to one or more of the applicable bulk requirements of this zoning chapter.
Any 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. A cellar shall not be considered in determining the permitted number of stories.
A facility providing care for seven or more children depending on age, in accordance with a strict staff/child ratio, for more than three hours per day but less than 24 hours per day. Centers may be established as the sole use in an individual building or as an approved accessory use. Day-care centers shall be licensed by the New York State Department of Social Services.
A document consisting of materials, written and graphic, that identifies the goals, objectives, principles, guidelines and policies for the immediate and long-range, enhancement, growth and development of the Village of Greenwood Lake, which serves as a basis for this zoning chapter.
Any retail establishment offering for sale prepackaged food products, household items and other goods, generally providing quick sale to the public and often open over extended operating hours, including twenty-four-hour service.
An open space enclosed on all sides by exterior walls of a building.
An open space enclosed on three sides by exterior walls of a building.
The linear average dimension measured from the unenclosed side of the court of the farthest wall thereof.
The linear dimension of the unenclosed side of the court.
The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
An unenclosed, accessory structure constructed typically of wood framing and used for outdoor sitting, dining and leisure activities. A deck shall meet the same yard requirements as the principal building to which it is accessory.
To make a site, lot or area of land or any portion thereof available for use by physical alteration. "Development" includes but is not limited to providing access to a site, clearing or removing vegetation, grading, excavating, earthmoving, providing utilities and other services, such as parking facilities, stormwater management and erosion control systems and sewage disposal systems, altering landforms, creating impervious surfaces or construction of a structure on the land.
A wharf or pier, or any portion thereof, or accessory structure extending from or along the shoreline from which watercraft may be affixed when not in use.
Any premises wherein the principal business is the sale of alcoholic beverages at retail for consumption on the premises and minors are excluded therefrom by law. The sale of food may also account for a portion of the receipts of a drinking establishment. A drinking establishment includes bars, taverns and saloons.
A single dwelling located in its own separate building which does not abut any other dwelling.
A building containing three or more dwelling units.
A detached building containing one dwelling unit only.
A one-family dwelling with two common or party walls separating it from adjacent units on both sides or one party wall in the case of a building at the end of a group of attached buildings. This type of dwelling, in units of three or more, is also known as a "townhouse" or "rowhouse."
A detached building containing two dwelling units only.
A building or entirely self-contained portion thereof containing completed housekeeping facilities for only one family, including any domestic servants employed on the premises and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A house trailer, a boarding-, tourist or rooming house, dormitory, fraternity or sorority house, hotel, motel, inn, lodging, convalescent, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.
Establishments primarily engaged in the retail sale of prepared food and drinks for on-premises or immediate consumption. Eating establishments may include cafes, coffee shops, dairy bars, pizzerias, restaurants, hamburger stands, including fast-food establishments.
[Amended 4-1-1999 by L.L. No. 1-1999]
One or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage shall be deemed to constitute a family unit.[2]
A business enterprise primarily engaged in the sale of pre-prepared or quickly prepared food and beverages in disposable containers or wrappers, selected by patrons from a limited line of specialized items for consumption either on or off the premises, in a facility in which a major portion of the sales to patrons is at a stand-up counter and where there is no table service or printed menu. Fast-food eating establishments may also include drive-through service.
The sum of the gross horizontal area 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.
All spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 20% of the square-foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and attic space having a clear height of six feet from the finished floor level to the pitch of the roof rafter, with a clear height of seven feet six inches from the finished floor level to the ceiling level over 50% of the area of such attic space.
The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
An establishment engaged in the retail sale of gasoline direct to the motorist and which may also include automotive repair and convenience store uses as accessory uses. The operation of a gasoline service station shall not be construed to permit the sale of new or used motor vehicles.
The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat and mansard roofs and to the mean height between eave and ridge on all other types of roofs.
The performance of a service (and not the sale of goods) for gain customarily conducted entirely within a dwelling unit by the residents thereof, which use is incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, does not involve the keeping of stock-in-trade and does not have any exterior evidence of such accessory use except for one identification sign as permitted in § 120-28D of this chapter.
A facility consisting of a building or buildings offering transient sleeping accommodations to guests and sometimes providing additional services, such as restaurants, meeting or conference rooms and recreational facilities.
A hotel facility intended as a vacation destination, encouraging visits of longer duration (typically a week or more), and including accessory recreational facilities, such as hiking trails, swimming, boating, golf and/or tennis facilities. Sleeping units may be provided as adjoining guest rooms in a principal structure or as separate guest units, which may consist of cabins, cottages or other similar detached structures.
A center containing electronic or mechanical games of skill or dexterity, specifically excluding machines whose outcome relies solely on chance or luck, such as those commonly known as "slot machines" or "one-armed bandits."
Uses such as small-scale light manufacturing, processing, assembly, packaging or treatment of specialized goods, such as nontoxic computer components manufacturers, precision equipment, scientific equipment, art objects and handcrafted goods. Said products are manufactured in a manner that no chemical or compressive processes are required and whose finished size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds.
Any area of land with or without buildings used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials, such as wastepaper, rags or scrap material or used building materials, house furnishings, machinery, or parts thereof, with or without dismantling, processing, salvage, sale or other use or disposition of same.
The deposit, collection or storage on a lot of one or more junk vehicles subject to a Village permit obtained in accordance with Chapter 64, Junk Vehicles, of the Code of the Village of Greenwood Lake.
An accessory use, whether conducted indoor or outdoor, associated typically with nonresidential uses, for performance by persons on premises of music, acting or other amusements, for the benefit of an audience or patrons. Live entertainment shall include but not be limited to entertainment provided by musicians, live bands, disk jockeys, puppeteers, magicians and comedians.
Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which may be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings.
A lot at the junction of and abutting on two or more intersecting streets or a lot abutting a curved street where the interior angle of intersection does not exceed 135°. The front yard shall be where the main access to a principal building is located or, in the case of a vacant lot, the yard deemed appropriate for use as a front yard by the Planning Board.
The percentage of the area of a lot covered by buildings, parking areas, accessory structures and any impervious surfaces, including natural impervious surfaces, such as rock outcrops.
The minimum distance from the street line of a lot to the rear lot line of such lot.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line.
The distance between side lot lines, measured along a line drawn parallel to the front lot line at a distance equal to the minimum front yard requirement.
The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building.
Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged.
A building or group of buildings offering transient lodging accommodations on a daily rate to the general public with rooming units, each of which maintains a separate outside entrance. Such building or group of buildings is designed, intended or used primarily for automobile travelers and provides a parking space adjacent to the unit.
A legal use, which does not conform to the use regulation prescribed for the district in which it is situated.
[Amended 11-13-2000 by L.L. No. 2-2000]
Any private school accredited by the Education Department of the State of New York, designated to provide daytime care or instruction for two or more children from two to six years of age, inclusive, operated at least five days per week and seven months per year.
Any administrative, management, information processing or professional services or like uses, typically occurred within offices. Uses involve neither production nor transfer of goods on the premises.
An off-street area containing one or more parking spaces with passageways and driveways accessory thereto for use on a transient basis.
An off-street space available for the parking of one motor vehicle.
Any hardtop surface covered by blacktop material or by concrete.
One or more stationary tanks, including any associated intrafacility pipelines, fixtures or other equipment, which have a combined storage capacity of over 1,100 gallons of petroleum at the same site and requiring registration under 6 NYCRR Part 612.
Any structure used for worship or religious instruction, including but not limited to a church, chapel or synagogue and including administrative rooms accessory thereto.
A building in which is conducted the main or principal use of the lot on which said building is located. An attached deck shall be considered part of the principal building.
The primary or predominant use for which a lot or building is used.
Communal sewage disposal and water supply systems approved by the Village Board for municipal operation.
A building for experimentation in pure or applied research, design or development of prototype electronic, scientific or industrial machines or products and uses accessory thereto, wherein said products are not manufactured for wholesale or retail sale; commercial servicing or repair of products is not performed, and there is no display of any material or products. Research and development facilities using animals for any form of research or experimentation are not permitted.
An establishment that serves food and beverages primarily to persons seated within the establishment. Orders are taken from menus, and table service is provided.
Sale of goods to the general public. Retail uses generally take place in shops in which goods are displayed inside and, in the case of storefront space, in display windows.
A device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar-configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola.
The horizontal distance from the street, side or rear lot line to the nearest part of any building to said street or lot line, which shall be deemed to be the distance that such building is set back or that it sits back from such lot line.
A structure or structures and customary parking and loading areas supporting a variety of commercial uses, managed as a single unit.
The bulkhead of Greenwood Lake occurring at the time of high water of 10.25 feet as measured on the gauge located at the Awosting Dam, recorded and maintained by the United States Geological Survey, until such time as encroachment lines defining the lake's permanent shoreline are established by the Commissioner of Environmental Conservation.
Refer to § 120-41B for definition.
Any sign attached parallel to but within six inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such walls or building and which displays only one sign face.
Any sign supported by structures or posts that are placed on or anchored in the ground and that are independent from any building or structure.[4]
Authorization of a particular land use which is permitted in this chapter, subject to any conditions imposed in Article VI to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if said conditions are met.
The 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 the roof beams.
Any 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.
A street shown on the Village Street Map, with the exception that streets are included under this definition if they are shown on a plan with the County Clerk prior to September 8, 1958.
The dividing line between a lot and the right-of-way of a street, either existing or proposed and identified on the Village of Greenwood Lake Official Map. Street line is also referred to as the "front lot line."
Any addition to or change in the supporting members of a building, such as beams, columns or girders.
An artificial pool or structure intended for wading, bathing or swimming purposes made of concrete, masonry, metal or other impervious materials and which is an accessory use of a dwelling unit and for the exclusive use of the occupants of the residence and their guests.
An 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% are 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.
A use customarily incidental and subordinate to the principal use on a lot, whether such accessory use is conducted in a principal or accessory building.
See "principal use."
A use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Warehousing and distribution may be a principal use or accessory to a light industrial establishment.
An area located between the street line and the nearest portion of a principal building or use on the lot.
An area located between the rear lot line and the nearest portion of a principal building or use on the lot.
The open and unobstructed ground area of a lot, extending inward from a lot or street line for the distance specified as the minimum yard requirements for the district in which the lot is located.
An area located between the side lot line and the nearest portion of a principal building or use on the lot.
The Building Inspector or other official appointed by the Village Board to enforce this zoning chapter.
[1]
Editor's Note: See Tables of Bulk Requirements included at the end of this chapter.