Irvington City Zoning Code
ARTICLE II
Definitions
§ 224-2 Word usage.
[Amended 3-18-2019 by L.L. No. 6-2019]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes an individual, as well as a corporation, partnership, firm, association, joint venture and organization of any type; 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." The word "building" includes the word "structure."
§ 224-3 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
Property located in whole or in part within 200 feet of any boundary of a lot, site or parcel for which subdivision or site development plan approval or a zoning variance is sought.
[Added 2-27-1989 by L.L. No. 3-1989]
The record owner of a parcel which is affected property.
[Added 2-27-1989 by L.L. No. 3-1989]
A grouping of attached one-family dwellings, along with related improvements, such as accessory buildings, walkways, and parking areas.
[Added 12-7-2015 by L.L. No. 11-2015]
A 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 such exterior wall or walls of such building as it fronts on any street, and the floor level of which is below the finished grade at any point on the periphery of the building.
A residential dwelling that makes available a room or rooms for overnight accommodation to transient paying guests, to whom a morning meal may be served.
[Added 10-15-2018 by L.L. No. 12-2018]
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated.
[Amended 11-18-1968; 7-11-1974; 5-20-1985; 2-18-1992 by L.L. No. 4-1992; 5-18-2009 by L.L. No. 2-2009; 4-7-2014 by L.L. No. 9-2014; 2-6-2017 by L.L. No. 1-2017; 5-16-2022 by L.L. No. 4-2022]
Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above the same as if no building was present. The term "building" shall include, but not be limited to, the term "structure," as well as the following:
Signs other than those regulated pursuant to Article XXIX of this chapter.
Fences.
Walls.
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."
Public swimming pools, including those operated by clubs.
Pergolas, porches, outdoor blinds and other similar structures.
Swimming pools, whether installed in the ground or above ground and regardless of the material or type of construction.
Satellite receiving antennas, including 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.
Driveways, parking spaces, patios, walkways and other paved areas.
Solar energy equipment.
A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
A line drawn parallel to or concentric with the street line and a distance therefrom equal, at the option of the lot owner, to either the distance between the street line and the part of the principal building on the lot nearest to the street line or the required depth of the front yard of the lot.
[Amended 4-1-1974]
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 such exterior wall or walls of such building as it fronts on any street.
Any children's apparatus used for outdoor recreational use that is incidental to a permitted residential use. A children's outdoor recreational apparatus shall include, but not be limited to, a trampoline, swing set, sand box and jungle gym or similar climbing apparatus. A children's outdoor recreational apparatus shall not include a stand-alone playhouse, tree house or similar accessory building, a skateboard or roller-blade ramp or similar recreational apparatus or a sport court or other outdoor recreational facility used for the playing of basketball and racket sports, but excluding a basketball hoop that is erected on a driveway.
[Added 5-16-2022 by L.L. No. 4-2022]
Any and all signs, materials and equipment used in the identification, warning or promotion of a construction site or a construction site office, or in the actual construction of the building or site.
[Added 5-19-1997 by L.L. No. 3-1997]
An enclosure, either fixed or mobile, either on or adjacent to a site or development on which construction is either ongoing, approved or planned, within which the day-to-day management, sales, administration or other business of the site is conducted.
[Added 5-19-1997 by L.L. No. 3-1997]
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 to the farthest wall or walls which are parallel to or make an angle of less than 45º therewith.
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.
A building containing two to six dwelling units in which each unit shares a common wall and/or floor/ceiling with another unit.
[Added 12-7-2015 by L.L. No. 11-2015]
A building or portion thereof containing more than one dwelling unit.
A detached building containing one dwelling unit only.
[Amended 12-7-2015 by L.L. No. 11-2015]
A building containing three or more dwelling units.
[Added 12-7-2015 by L.L. No. 11-2015]
A detached building containing two dwelling units only.
[Added 12-1-2014 by L.L. No. 16-2014]
A 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, entrance or other hallways or porches or cooking or sanitary facilities in common with any other "dwelling unit." A boardinghouse, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging house, nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit."
[Amended 2-20-2013 by L.L. No. 2-2013]
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage, legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family.
In determining whether persons are living together as the functional equivalent of a traditional family, the following criteria must be present:
The occupants must share the entire dwelling unit, including cooking facilities, and live as a single housekeeping unit. 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.
The household must be headed by one or more adults who have authority over the care, functioning or management of the household.
Any other factor reasonably related to whether or not the group is the functional equivalent of a family. Such factors may include, but are not limited to:
The presence of minors regularly residing in the household who are enrolled in local schools.
Members of the household have the same address for purposes of voter’s registration, driver’s license, motor vehicle registration, and filing of taxes.
The household has been living together as a unit for a year or more whether in the current dwelling unit or elsewhere.
There is common ownership of furniture and appliances among the members of the household.[1]
A barrier or partition made of wood, metal or plastic, or any combination thereof, enclosing, separating, dividing, defining or bordering a lot or any portion thereof. A fence does not include live bushes, shrubs, hedges or trees. This definition shall not be construed as applicable to a wall whose purpose is to retain an embankment.
[Added 11-4-1996 by L.L. No. 5-1996]
The sum of the gross horizontal areas of all floors of any building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of walls common to two buildings. In particular, the "floor area" shall include any basement or cellar space used for any purpose other than storage or mechanical equipment or building services.
The unit of measurement used to quantify the amount of light falling on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.
[Added 1-23-2020 by L.L. No. 3-2020]
A restaurant or food service business required by contractual or other arrangements to offer two or more of the following: standardized menus, ingredients and food preparation; standardized external facade and signage; standardized decor; preprepared food in ready-to-consume state; food sold over the counter in disposable containers and wrappers; food selected from a limited menu; food sold for immediate consumption on or off premises.
[Added 2-24-2014 by L.L. No. 6-2014]
A lighting fixture that does not allow light to be emitted above the fixture and limits the light output to less than 10% of total lumens at and below 10° under the horizontal line of the fixture. See illustration below:
[Added 1-23-2020 by L.L. No. 3-2020]
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A visual effect produced when a light source within the field of view is brighter than the level to which the eyes are adapted. Glare may cause annoyance, discomfort, loss of visual acuity, or momentary blindness.
[Added 1-23-2020 by L.L. No. 3-2020]
[Amended 2-27-1989 by L.L. No. 3-1989; 2-24-2003 by L.L. No. 2-2003]
Defined as:
The vertical distance measured from the measuring point, as hereinafter defined, to the highest point of the surface of the roof, except as noted in Subsection A(2) below. Except as provided in Article XXI, Wireless Telecommunications Services Facilities, no part of any building shall exceed 35 feet.
The highest point of the building or structure includes, without limitation, chimneys, solar collectors, towers, tanks, mechanical equipment, elevator hoist housing, parapets, cupolas, pipes, antennas and decorative elements, but shall not include the following:
Chimneys occupying no more than 5% of the roof area and projecting no more than five feet above the highest points of the roof;
Sanitary sewer vent pipes occupying not more than 0.5% of the roof area and projecting no more than 18 inches above the highest point of the roof; and
Antennas weighing less than 50 pounds for the reception of audio and video broadcasts directly from transmitters located on the surface of the earth and projecting no more than eight feet above the highest point of the roof.
"Measuring point" as used herein means:
[Amended 10-7-2003 by L.L. No. 22-2003]
For any building located within the Business District, any wall of which is within 15 feet of one or more streets or public ways, the lowest point of the established grade of such street(s) or public way(s) adjacent to such building.
For existing lots with an average grade of 15% or more within the building envelope, the maximum height of 2 1/2 stories or 35 feet to the highest point of the building shall be measured from the average existing grade of the periphery of the building prior to the construction/modification of a proposed building or structure, provided that the main roof of the building or structure has a sloping roof with a minimum pitch of five inches on 12 inches on at least 80% of the entire proposed building or structure, with a maximum height of not more than 40 feet measured in keeping with Subsection B(2) above.
[Added 6-20-2005 by L.L. No. 5-2005]
Any business, professional, artistic or educational activity conducted within a dwelling unit or building accessory thereto by any of the residents of such dwelling unit, directed toward the generation of a fee or other income, which use is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and does not change the character thereof, and subject to the limitations in § 224-8.
[Added 7-16-2018 by L.L. No. 8-2018]
Any building containing more than six rooms or suites of rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes primarily by transient guests and which rooms or suites of rooms are reached from hallways common to more than two.
Light projected onto a property or into the public right-of-way from a light source on a different property.
[Added 1-23-2020 by L.L. No. 3-2020]
An establishment primarily engaged in the on-site preparation and retail sale of carry-out food and beverage products from a counter-type installation for consumption off the premises but which may also include the incidental sale of ready-to-consume food and beverages for consumption on the premises. Such establishments shall be limited to specialty delicatessens, coffee shops, ice cream shops and bakeries, but exclude restaurants and formula/fast-food establishments, as defined in this chapter.
[Added 12-4-2017 by L.L. No. 10-2017]
A paved or surfaced space which, exclusive of driveways and turning areas, is 15 feet wide by 40 feet long and which is accessible and available at all hours for the loading and unloading of goods.
[Added 7-16-1984]
Any 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.
A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 120º.
The mean distance from the street line of a lot to the rear lot line of such lot.
The continuous linear measurement of the length of the street line of a lot. All lots shall have a minimum frontage on a public street as specified in Chapter 224, Zoning. The minimum amount of frontage shall be that specified in the zoning district in which the property is situated or, if none is specified, shall be the lot width required in the zoning district in which the property is situated. Frontage on private streets shall be deemed acceptable only if such streets are designed and improved in accordance with§ 188-17A of the Subdivision Regulations.[2]
[Amended 8-18-2003 by L.L. No. 17-2003]
Any boundary of a lot other than a street line.
The lot line generally opposite the street line.
Office of medical professionals licensed to practice under the Education Law of the State of New York occupying a maximum of 5,000 square feet and having a staff of not more than four employees, including all licensed medical professionals, on the premises at any given time.
[Added 5-13-2021 by L.L. No. 2-2021]
Any building or group of buildings containing rooms or suites of rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes primarily by transient guests and which rooms or suites of rooms have direct outside access (the term "outside access" shall be deemed to include access to open or screened porches), including buildings or groups of buildings designated as motor lodges and by similar designations.
A building or use that does not conform to the regulations prescribed for the district in which it is situated.
An existing structure, such as a former servants' quarters or carriage house, separate and detached from the principal building and/or dwelling on a single-family lot.
[Added 10-18-1999 by L.L. No. 3-1999; amended 3-7-2016 by L.L. No. 1-2016; 5-21-2018 by L.L. No. 7-2018]
A paved or surfaced space which, exclusive of driveways and turning areas, is 9 1/2 feet wide by 20 feet long and which is accessible and available at all hours for the parking of one passenger car.
[Amended 7-16-1984]
Any dwelling in which more than one and not more than six rooms are rented or hired out, with or without meals, including a dwelling designated as boardinghouse, lodging house or furnished rooms.
Age-restricted three-or-more-family dwellings in which each dwelling unit is occupied by at least one adult aged 55+. Senior citizen housing does not offer additional services to residents, such as medical care, personal assistance or meals.
[Added 5-13-2021 by L.L. No. 2-2021]
A detached accessory building in a residential district, not including a garage, that is used for the storage of tools, garden equipment, play equipment or domestic supplies.
[Added 5-16-2022 by L.L. No. 4-2022]
Rental of a whole or partial dwelling unit to visitors for dwelling, sleeping or lodging, for a period of no less than 24 hours or more than 30 consecutive days. The term "short-term rental" does not include bed-and-breakfast establishments, as permitted by §§ 224-8D(7) and 224-36B.
[Added 4-15-2019 by L.L. No. 7-2019]
The portion of the dwelling unit rented out for short-term rental.
[Added 4-15-2019 by L.L. No. 7-2019]
Any cell, panel, or other device that converts, absorbs, or transforms solar energy, including equipment for photovoltaic and solar thermal systems, as well as any supply lines, return lines, control valves, wiring, meters, switches, modules, batteries, inverters or other devices and their cabinets associated with the installation or function of a solar energy system.
[Added 2-6-2017 by L.L. No. 1-2017]
A photovoltaic system, a solar thermal system or any other system by which solar energy is used to generate electricity or heat.
[Added 2-6-2017 by L.L. No. 1-2017]
That portion of a building included between a floor and the floor or roof next above it. A cellar is not to be counted as a "story" unless the ceiling height exceeds four feet above the lowest elevation of the grade prior to construction of the building or filling or grading with respect thereto or unless more than 20% of the cellar is for living purposes.
[Amended 2-27-1989 by L.L. No. 3-1989]
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.
The dividing line between a lot and a street.
Any change in the supporting members of a building.
[Added 11-3-1975 by L.L. No. 3-1975]
The division of a parcel of land into two or more lots, plots, sites or parcels for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel of land. The term "subdivision" includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
The division of a parcel of land into two or more lots shall not be deemed to constitute a "subdivision" if such division involves only a change in one or more property lot lines where existing lots or parcels are divided in such a manner as:
[Amended 3-20-1989 by L.L. No. 4-1989]
Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed.
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% 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 the purpose of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is accessible to all said occupants by means of access other than stairs.
A use customarily incidental and subordinate to the main use of a lot, whether such "accessory use" is conducted in a principal or accessory building.
An unoccupied ground area fully open to the sky between the street line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.
An 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.