[Amended 2-23-2005 by L.L. No. 2-2005; 6-22-2005 by L.L. No. 4-2005; 6-21-2006 by L.L. No. 4-2006; 9-15-2010 by L.L. No. 2-2010; 2-19-2014 by L.L. No. 2-2014; 8-16-2017 by L.L. No. 4-2017; 4-18-2018 by L.L. No. 2-2018; 8-15-2018 by L.L. No. 6-2018; 2-26-2019 by L.L. No. 1-2019; 11-13-2019 by L.L. No. 5-2019; 11-13-2019 by L.L. No. 7-2019; 2-19-2020 by L.L. No. 1-2020; 2-18-2021 by L.L. No. 1-2021; 5-19-2021 by L.L. No. 2-2021; 8-16-2023 by L.L. No. 4-2023; 8-16-2023 by L.L. No. 5-2023; 2-19-2025 by L.L. No. 1-2025]
As used in the chapter, the following terms shall have the meanings indicated:
ACCESSORYThe term applied to a building, structure or use which is clearly incidental or subordinate to, and customarily in connection with, the principal building, structure or use and which is located on the same lot with the principal building, structure or use. Any building or structure attached to a principal building or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure. No use shall be considered "accessory" where such use requires a greater area of a lot or larger setbacks or yards or for which greater restrictions than for the principal use on the lot area are imposed by this chapter.
ADJOININGPhysically touching or bordering upon or sharing a common property line or major portion thereof.
AREA, GROSSThe measure of and in a horizontal plane, uncorrected or adjusted for legal encumbrances, surface conditions or slope.
ASSISTED LIVING RESIDENCE (ALR)A residential development in which a New York State approved assisted living program and/or assisted living residences (as defined by state law) are operated. An assisted living program or an assisted living residence (as defined by state law) is an entity which is approved to operate pursuant to the New York State Public Health Law and the New York State Social Services law, and may have additional licenses or certifications under New York State Law, and provides or arranges for housing, supervision and personal care services to five or more eligible adults unrelated to the operator.
AWNINGAn architectural projection that provides weather protection, identity or decoration and is partially or wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which a covering is attached. A canopy that is partially or wholly supported by the building to which it is attached shall be considered as an awning, as defined by this chapter.
BASEMENTThat portion of a building which is partly underground, but which has at least 50% of its interior height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
BEDROOMAny habitable space in excess of 75 square feet, other than a living room, dining room, bathroom, hallway or kitchen.
BILLBOARDA sign which directs attention to a business, commodity, service, entertainment or attraction conducted, sold, offered or existing elsewhere than on the same lot where such sign is displayed or not for the principal use of such lot.
BREWPUBA business use or establishment which is primarily engaged in the sale and service of food for on-premises consumption and that also brews beer for on-site consumption in accordance with New York State Liquor Authority regulations.
BUFFERAn area of specified dimension extending between a rear or side property line or a zoning district line and a required yard. The buffer shall not be used or otherwise encroached upon by any activities on the lot so as to provide for adequate separation and protection from otherwise inharmonious or incompatible uses.
BUILDINGAny structure, or extension thereof or addition thereto, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BULK, NONCOMPLYINGThat part of a building, structure or nonbuilding use which does not conform to one or more of the applicable bulk requirements of this chapter.
CAMPAny premises, including its area of land or water, or land and water, on which are located two or more cabins, tents, shelters, houseboats or other accommodations of the design or character suitable for seasonal or other temporary living purposes, primarily for children, but not including a day camp, trailer camp, rooming house, tourist home, hotel, motel, summer colony, hospital, place of detention, school of general or special instruction, dormitory or nursery school.
CELLARThat portion of a building which is partly (or wholly) underground, but which has less than 50% of its interior height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
CERTIFICATE OF OCCUPANCYOfficial certification that a building or structure conforms to this chapter and the New York State Fire Prevention and Building Code and the building permit granted for construction of such building or structure and that such building or structure may be occupied.
CERTIFICATE OF USEOfficial certification that a building or structure or part thereof conforms to the use requirements and other pertinent provisions of this chapter and may be used in conformity with law.
CHANGE IN USEAny use which differs substantially from the previous use of a building, structure or nonbuilding use.
CHILD DAY-CARE CENTERA 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 to 12 years of age, in accordance with the staff/child ratio established by the associated regulations.
CLUBHOUSE or LODGEA building, structure, lot or land area used as a private club or social organization with annual membership dues, and not conducted for profit or gain.
COMMERCIAL VEHICLEAny motor vehicle used for commercial purposes, such as the transportation of goods, wares and merchandise or passengers for hire and having a load capacity in excess of one ton; or any type of vehicle used as a place in which any business or commercial enterprise is conducted, or which is objectionable for reasons such as noise, fumes, vibration, odor, dust, gas or lights.
COMMUNITY RESIDENCE FACILITYPursuant to § 41.34 of the Mental Hygiene Law, a supportive living facility with four to 14 residents, or a supervised living facility subject to licensure by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities which provide a residence for up to 14 mentally disabled persons, including residential treatment facilities for children and youth.
COMPLETELY ENCLOSED BUILDINGA 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.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)A comprehensive development of a building or buildings designed for occupancy by one- or two-person households in which at least one member is 62 years of age or older, providing a full range of housing, residential services, and health care opportunities to serve its residents as their needs change over time.
A. A CCRC shall provide some combination of the following:
(1) Independent dwelling units with residential services such as meals, activities, housekeeping, and maintenance;
(2) Support services for residents who require assistance with activities of daily living; and
(3) Nursing care for those who become temporarily ill, or who require long-term care.
B. A CCRC shall include services as part of the residency agreement under the terms identified therein.
COURTAn 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 "outer court" extends to a street or yard; an "inner court" does not.
COVERAGE, BUILDINGThe percentage of the area of the lot covered by a building or buildings.
COVERAGE, DEVELOPMENTThe percentage of the area of a lot covered by buildings, parking areas, accessory structures and any impervious materials, including natural impervious areas.
CRAWL SPACEA space between the ceiling of one story and floor of the next story, or between the ground and the first floor, which usually contains pipes, ducts, wiring and lighting fixtures and permits access but is not greater in height than three feet six inches.
DATA CENTERA facility for a large group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data, along with employee offices.
DAY CAMPAny plot of land, including any buildings or structures thereon, used for any assembly of recreational purposes on a seasonal basis, but not including any nursery school unless the bulk requirements for a day camp are met by said nursery school, nor including any living quarters except for one one-family residence on the plot.
DESIGN HOURThe measure of volume or capacity of a street or parking area during a sixty-minute period in order of rank for a calendar year. For the purpose of this chapter, the 30th hour volume or capacity shall be deemed the "design hour."
DISTRIBUTION/WAREHOUSINGAn establishment used primarily for the storage of goods, products, cargo and materials and/or which receives, stores or distributes such goods or materials.
DORMITORYA 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 the following communal facilities: dining hall, kitchen, 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 use of a superintendent or supervising staff for every 50 dormitory rooms. No more than one communal dining room shall be provided in any 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 may be occupied by no more than two persons.
DUSTLESS SURFACEA surface which is 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.
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, 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 house trailer, boarding or rooming house, convalescent home, dormitory, fraternity house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit."
ESTABLISHED SETBACKThe average setback on each street on which a lot fronts established by three or more buildings within the same zoning district, within 300 feet on each side of such lot along the same side of the street, but not beyond any intersection.
EXCAVATION OPERATIONSAny activity where stone, sand, gravel, minerals or other natural material, including topsoil, is removed for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with, or in anticipation of, building development or landscaping on the site.
FAMILYA group of persons living together as a single nonprofit housekeeping unit and consisting of either:
A. One or more persons related by blood, marriage or adoption.
B. A dwelling unit with not more than two persons per bedroom not necessarily related by blood, marriage or adoption.
FAMILY AND GROUP CARE FACILITY (NON-PADAVAN)A residential facility in which groups of unrelated persons live, along with one or more adults who serve in a supervisory role. Such a facility shall not be construed to mean a "community residence facility" as defined in § 41.34 of the Mental Hygiene Law.
FENCEAn unroofed barrier or unroofed enclosing structure, including retaining walls.
FIELD CHANGEA change or adjustment to an approved site development plan, due to an undiscovered physical site condition, that will not substantially alter the intent, layout or design of the approved plan.
FLAG LOTA lot which has its buildable area (the so-called flag) located behind another lot, either existing or proposed, and which derives access by means of a narrow strip of land (sometimes referred to as "the flagpole") that has frontage on the street. Such flagpole may be part of either lot, by ownership, right-of-way, easement, or other provision. A flag lot allows the potential for the creation of two lots, one generally behind the other, which derive access from the same street.
FLEX SPACE, BUSINESS PARKA building or buildings designed for the commercial use of one or more tenants, generally for an undefined mix of office, light assembly, showroom, distribution/warehousing or storage of equipment and/or material inside a building. A business park flex space development shall not include restaurants, personal care, or retail establishments. Tenant spaces shall have a minimum of 2,000 square feet and a maximum of 10,000 square feet of gross floor area and may include individual loading berths.
FLOOR AREA RATIOThe mathematical value of the gross floor area of all buildings on a lot divided by the gross area of the lot.
FRESHWATER WETLANDAn area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This includes areas regulated by the U.S. Army Corps of Engineers, the New York State Department of Environmental Conservation or local regulation or other areas with the same characteristics that are not yet regulated.
FRONTAGEThe horizontal distance measured along the full length of a street line abutting the lot.
GATHERING PLACE, RESIDENTIALA. The accessory use of a portion of a one-family detached residence, which portion is incidental and subordinate in both use and size to the residence, is located within the residence building or accessory structure, and is designated primarily for regular large gatherings, meeting all of the following criteria:
(1) The gatherings occur more than 12 times per year; and
(2) These gatherings are comprised of 15 or more persons; and
(3) The occupancy of the gatherings shall be the lesser of: (i) 49 persons; or (ii) the number of persons determined by dividing the number of square feet of the portion of the residence so designated as a residential gathering place by 15 square feet per person. The requirement of no more than 49 occupants is the maximum permitted before the use category of "assembly" would be applicable under the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time. The standard of 15 square feet per person is set forth in Table 1004.5 of said New York State Code, which is applicable to unconcentrated assembly without fixed seats.
B. The designated area for a gathering place shall have a maximum floor area of less than 50% of the gross floor area of the one-family detached residence.
C. Any use that exceeds any of the above criteria at any time shall not be considered a residential gathering place. The Building Inspector shall determine the appropriate use category based upon the requirements of this chapter.
GROSS FLOOR AREAA. The sum of the gross horizontal area of every floor of a building, measured from the exterior faces of exterior walls or from the center line of party walls separating the two buildings, including but not limited to:
(2) Attic space, whether or not a floor has been laid, over which there is structural headroom of six feet three inches or more.
(3) Roofed porches, breezeways and garages.
(4) Cellar space with more than six feet three inches in height.
B. Regardless of the internal arrangement of a building, it shall be deemed to have at least one floor for each 20 feet of height or a major fraction thereof. However, a "floor area" does not include:
(1) Terraces, unroofed open porches and steps.
(4) Basement space or cellar space used as a mechanical room (in lieu of rooftop installation) or for underground parking.
GYM OR FITNESS FACILITY, COMMERCIALAn establishment that provides for athletic or fitness activities, including but not limited to aerobic exercises, running and jogging, weightlifting, game courts, swimming facilities, saunas, showers, massage rooms and lockers. Accessory uses may include provision of instructional programs, group classes, eating facilities or shops selling sports equipment and clothing.
HEALTH SERVICE COMPLEXA facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions in a hospital setting. Health service complexes include general or special hospitals, emergency rooms or trauma centers, and rehabilitation centers. Accessory uses may include laundries, restaurants, gift shops, laboratories, pharmacies, and medical offices.
HEIGHTThe vertical distance from the average elevation of the proposed finished grade along the wall of a building (or adjacent to the side of a nonbuilding use) 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 nonbuilding uses), except as specifically exempted in Article
VI, §
195-22.
HISTORIC PRESERVATIONThe following series of definitions relate to historic preservation:
A. ARCHITECTURAL STYLEA style of construction embodying distinctive characteristics of a type, period or method of construction and recognized by one of the following organizations or other qualified organization acceptable to the Historic Preservation and Parks Commission:
(1) The National Register of Historic Places;
(2) Historic American Buildings Survey;
(3) Historic American Engineering Record;
(4) National Park Service of the United States Department of the Interior;
(5) New York State Office of Parks, Recreation and Historic Preservation;
(6) National Trust for Historic Preservation;
(7) Society of Architectural Historian.
B. EXTERIOR ARCHITECTURAL FEATURE or EXTERIOR FEATUREThe architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from interior surfaces, including but not limited to the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs, other fixtures and plantings appurtenant to such improvement.
C. HPPCThe Historic Preservation and Parks Commission.
D. LOCAL HISTORIC DISTRICTAny group of properties meeting the criteria established in this chapter and duly designated by the Montebello Village Board as a "local historic district."
E. LOCAL LANDMARKAny property meeting the criteria established in this chapter and duly designated by the Montebello Village Board as a "local landmark."
HOME OCCUPATION/HOME PROFESSIONAL OFFICEAn accessory use of a residence by the residents thereof for the performance of services of a professional or personal character, conducted entirely within a completely enclosed building, which use is incidental and accessory to the use of the residence for dwelling purposes, does not change the architectural character thereof, and is consistent with the residential zoning district involved. For the purposes of this definition, a person who performs services in the home without contact with visitors (nonresidents) seeking such services, and who has no employees for such services, shall not be considered to be engaged in a home occupation/home professional use and, thus, shall not be required to obtain a special permit for said use which shall be considered to be an accessory home occupation permitted by right.
HORTICULTURE, PERSONALThe noncommercial on-site production, principally for use or consumption of the property owner or tenant, of plants, or their products, including, but not limited to, gardening, or flower, vegetable or fruit production. For the purposes of this chapter, personal horticulture shall exclude the keeping or production of livestock or poultry, or beekeeping.
HOTEL or MOTELA building which has transient living and sleeping accommodations for rent for 10 or more persons and which is open for year-round occupancy; a "hotel" or "motel" shall include similar establishments designated as auto courts, tourist cabins, etc.
INDUSTRY, HEAVYIndustrial uses, including the manufacture, fabrication, processing, converting, altering, assembly or other handling of products, with impacts which exceed the criteria found in the term "light industry," as defined by this chapter.
INDUSTRY, LIGHTIndustrial uses, including the manufacture, fabrication, processing, converting, altering, assembly or other handling of products, the operations of which are conducted solely within a building, use electrical power solely and normally are such that they will not cause or result in any:
A. Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration, radiation or interference with radio or television reception beyond the limits of the building in which the use is located.
B. Hazard of fire or explosion or other physical hazard from the storage or use of toxic, flammable, noxious or environmentally harmful chemicals.
C. Harmful discharge of waste materials.
JUNKYARDAn 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 waste paper, rags or scrap material or used building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage or sale or other use or disposition of the same. A deposit or the storage on a plot of two or more unregistered, wrecked or broken-down vehicles or parts of two or more such vehicles for one week or more in an R District, or for three weeks or more in any other district, shall be deemed to be a junkyard.
LABORATORY AND RESEARCH FACILITIESA building for experimentation in pure or applied research, design, development and production of prototype machines or of new products and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products.
LOCAL CONVENIENCE COMMERCIALEstablishments that deal in the retail sales of convenience goods (food, drugs and sundries) and such personal services as laundry and dry cleaning (pickup and delivery), hair styling and shoe repair. The maximum permitted aggregate gross floor area on any site shall not exceed 100,000 square feet. The floor area of any single store shall not exceed 8,000 square feet, except that food stores or combined sales stores may not exceed 45,000 square feet. Other commercial uses of any kind elsewhere specified in this chapter shall not be deemed "local convenience commercial."
LOCAL OFFICE-BUSINESSEstablishments that include art studios, banks, offices of salesmen, attorneys, dentists, sales representatives, architects, brokers, physicians, engineers, insurance agents, real estate agents, land surveyors, musicians, antique shops, barbershops, funeral chapels or other activity found by the Planning Board to be related to the services of the neighborhood residents or of a character consistent in scale, intensity of activities and traffic generation (including traffic from outside the immediate neighborhood) with local convenience commercial activities. Other uses of any kind elsewhere specified in this chapter shall not be deemed "local office-business."
LOTA designated parcel, tract or area of land established by plot, subdivision or as otherwise permitted by this chapter to be used, developed or built upon as a unit.
LOT AREAThe total horizontal area included within the property lines of a lot, except that for any minimum lot area specified in this chapter, the area shall be adjusted as set forth in Article
IV, §
195-14A.
LOT, CORNERA lot at the junction of, or 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 LINEAny boundary of a lot other than a street line.
LOT LINE, FRONTThe lot line which abuts or runs along the designated street line. In the case of a lot situated to the rear of another lot, its front lot line shall be the rear lot line of the front lot for purposes of measuring the front setback.
LOT LINE, REARThe lot line generally opposite the street line. If the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.
LOT WIDTHThe distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum front setback requirement.
MANUFACTURINGAny process where either the nature, size or shape of articles or raw materials is changed or where articles are assembled.
MECHANICAL ROOMAn enclosed area in a building used exclusively for equipment necessary to provide or maintain heating, air conditioning, electric, water, domestic hot water supply, sewer, telephone and similar utility or communication services to the building.
MEDICAL OR DENTAL CLINICAn establishment, whether public or private, engaged in providing services for general or oral health maintenance and the treatment of mental or physical or dental conditions of a nature which does not require hospitalization. Medical or dental clinics include doctors' or dentists' offices, public health centers, diagnostic centers, health testing laboratories and outpatient clinics.
NEIGHBORHOOD RESTAURANTAn eating establishment providing regular table service within a fully enclosed building. A neighborhood restaurant shall not have any live entertainment.
NONCONFORMING BUILDINGA structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which does not comply with the bulk requirements of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USEAny use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendments thereto affecting such use, which does not conform to the use requirements of this chapter for the district in which it is situated.
NURSERY SCHOOLAny nonpublic school as defined by the Education Department of the State of New York, which provides daytime care or instruction for two or more children from two to six years of age, inclusive.
NURSING CARE FACILITY, SKILLEDA facility licensed or regulated by New York State for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing and related medical services which are prescribed by or performed under the direction of a person or persons licensed to provide such care or services in accordance with the State of New York.
OCCUPANTA person, other than the premises owner of record filed in the Rockland County Clerk's Office or an immediate family member of the premises owner, occupying living accommodations with the premises owner's express or implied consent.
OFFER TO RENTTo personally or through an agent, referral service, representative or other entity or person, communicate or advertise, verbally, in writing, or through electronic means or otherwise, the availability for rental or similar use of any dwelling or rooming unit, or to knowingly allow, commission, authorize, or permit such communication or advertisement.
OFFICE, PROFESSIONAL AND BUSINESSEstablishments that include offices of salesmen, sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, real estate brokers and persons with similar occupations. Other uses of any kind elsewhere specified in this chapter shall not be deemed "office, professional and business."
OFFICIAL MAPThe Official Map as may be adopted and established by the Village Board which will show the streets, highways, parks and drainage systems laid out on such map, including any references to more detailed maps and studies. The Official Map shall be final and conclusive with respect to the location and width of streets, highways, drainage systems and parks shown thereon; and the purpose of the Official Map is to conserve and protect the public health, safety and general welfare.
OWNERSHIP, SAMEIncludes all vested or contingent interests of any person or his agent, representative, successor or assignee and irrespective of whether or not such interest is recorded, in the following circumstances:
A. Direct ownership by such person or his or her spouse, child, parent, sibling or spouse of sibling, heir or next of kin, agent, corporation, firm, entity, partnership or unincorporated association.
B. Ownership of property by different corporations, firms, partnerships, entities or unincorporated association, in which such a person is a stockholder, a partner or associate, or his or her spouse, child, parent sibling or spouse of sibling, heir or next of kin or owns an interest of 10% or greater in each corporation, firm partnership, entity or unincorporated association.
C. When such person or his estate, successors or assigns, or any person or entity included in Subsections
A and
B herein, may be materially or substantively affected by the relief sought or by any determination in any proceeding sought before any board, body, commission or agency of the Village of Montebello whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
PARKING AREAA premises or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
PARKING LOTPremises or part thereof used for the storage or parking of vehicles, which contains space rented to the general public for any period of time.
PERSONAny individual, partnership, corporation, joint limited liability company, limited liability company, trust or other entity, stock association, and includes any trustee, receiver, assignee, or personal representative thereof, including but not limited to any booking or reservation service, lawful lessees, and premises owners.
PHARMACYA retail establishment employing a pharmacist or pharmacists licensed by the State of New York for the purpose of preparing and dispensing prescription medicines and drugs, as well as over-the-counter medicines and drugs and related products, whereat such products are sold to the public, and whereat other items and notions may be sold in addition to the foregoing.
PHYSICALLY HANDICAPPEDA permanent physical disability, diagnosed by a physician, that requires the use of a wheelchair, crutches, or prosthetic devices, significantly limiting mobility and necessitating living quarters equipped with such features as wide doorways, ramps, grab bars, lack of risers, or similar features to allow safe mobility. For purposes of this definition, blindness shall be considered a physical handicap.
PLACE OF WORSHIP, COMMUNITYThe principal use of a building or structure(s) for regular organized religious assembly with 10,000 gross square feet of floor area, or greater.
PLACE OF WORSHIP, NEIGHBORHOODThe principal use of a building or structure for regular organized religious assembly with a gross square footage of less than 10,000 square feet.
PLANNED BUILDING DEVELOPMENTA premises developed according to plan as a single entity and containing one or more structures to accommodate nonresidential uses and appurtenant parking areas and other uses incidental to the principal uses.
PREMISESA lot or parcel of land together with any improvements thereon.
PRINCIPAL USEThe primary or predominant use for which premises is used.
PRINTING AND PUBLISHINGA. A commercial operation utilizing a process that is printing in nature, including printing, reproducing, or duplicating images or text for the production of multifunctional specialty labels and marking solutions, most commonly used for the pharmaceutical industry and medical parts and devices, general parts marking and security solutions, and film-based functional parts for engineering; or general industrial uses typically utilizing, but not always, printing technology and print finishing such as digital, flexographic and screen printing processes, including, for example, die and laser cutting and bonding and crimping.
B. This is to be contrasted with industrial, "heavy printing" operations for production of products such as newspapers, magazines, periodicals, books, wallpaper, and fabrics typically produced by more intrusive, massive, printing devices, such as by the use of much larger and more massive cylindrical or rotary presses, metal type or metal or rubber plates, and the like. Irrespective of the printing method, permitted "light printing" is more readily confined in effect within the walls of the facility with virtually little or no impact beyond those walls, whereas unpermitted "heavy printing" will more likely result in the creation of noise, vibration, light and odor and other forms of noxious or objectionable or annoying emissions and pollution visible from or apparent outside the structure, being annoying and objectionable and potentially harmful to those working and residing outside of the subject premises.
PROFESSIONAL TRAINING AND RETREAT CENTERA building or group of buildings for continuing education and training of working professionals and organizational personnel. Buildings may include offices, conference rooms, seminar rooms, training equipment, ancillary services, sleeping and dining accommodations, and recreational facilities, for the sole use of the participants, staff and administrators. No individual kitchen facilities shall be provided. No restaurant, tavern, catering hall, nightclub, hotel, motel or inn serving the public shall be operated or maintained. Professional training and retreat centers shall not serve students who are not yet employed as professionals and shall not include schools of general instruction or dormitories accessory thereto.
RESIDENCEA building or part thereof designated, used or occupied for one or more dwelling units, but not including tourist home, hotel, motel, tourist cabin, summer colony or trailer or any other transient use.
RESIDENCE, ONE-FAMILY SEMIATTACHEDA residence building or structure which comprises one dwelling unit for one family and which is attached or connected to another dwelling unit for one family at their common property line by means of a party wall, the length of which represents at least 50% of the total sidewall length of which the party wall is a part, and which is separated from any other building or structure by open space on the side lot line opposite the party wall and by open space on the front and rear lot lines. Each dwelling unit must be on its own lot.
RESTAURANTAn enterprise that is primarily engaged in preparing and serving food and beverages intended to be consumed on the premises by patrons seated and served at tables or counters, and that may provide incidental musical entertainment without dancing, either by mechanical electrical devices or by not more than four persons playing any nonamplified instrument(s).
ROAD, COLLECTORAny road which serves to carry traffic from local residential streets to secondary streets.
ROAD, INDUSTRIAL SERVICEA public road or right-of-way providing access to a planned office and/or industrial building development of at least 10 acres in a PI or LO District.
ROAD, LOCALAny road which serves primarily as an access to abutting residential properties. The existence of a nonresidential use along such a road shall not by itself cause such a road to have a different designation.
ROAD, MAJORAny road which is used primarily as a route for traffic between communities or large areas.
ROAD, SECONDARYAny road which serves to carry traffic from collector streets to a system of major streets.
R OR RESIDENCE DISTRICTAn ER-80, RR-50, R-35, R-25, R-15, R-AH or RSH District in the Village of Montebello or a corresponding district in an adjoining municipality.
ROOMERA nontransient occupant of a rooming unit.
ROOMING UNITOne or more rooms, with or without private bathroom facilities, but without cooking facilities, which are rented or available and offered for rent and which are located within a dwelling unit.
SANITARY LANDFILLA site for which all appropriate permits have been issued and are currently valid for the disposal of solid waste.
SCHOOL OF GENERAL INSTRUCTIONAny public or nonpublic pre-K, kindergarten, elementary, junior high, or high schools subject to 8 NYCRR Part 100 regulations; or any colleges, universities or postgraduate schools, seminaries or other schools of religious vocational training, that offer instruction at least five days per week and seven months per year.
SCHOOL OF SPECIAL INSTRUCTIONAny nonpublic school conducting a regularly scheduled curriculum of specialized or vocational study, such as trade or technical programs, except that a school offering religious vocational training at least five days per week and seven months per year shall be deemed a school of general instruction.
SCREEN or SCREENINGA. An area of land 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 under normal conditions and with appropriate care.
B. An opaque wall or barrier or uniformly painted fence at least six feet high; or
C. Any other islands, barriers, emplacements, walls, fences, trees, plantings, shrubbery or other artificial or natural dividing strip or marker of any kind, wherever located on the site, conditioned or required in any building permit, certificate of occupancy, site development plan, subdivision approval, special permit, variance, zone change or other requirement of any board, agency, commission or official of the Village of Montebello pursuant to this chapter.
SENIOR CITIZEN HOUSING DEVELOPMENTA residential development consisting of a multifamily residence or multifamily residences which have dwelling units designed for and occupied by senior citizens, which shall be constructed with the assistance of mortgage financing or other financial assistance insured by or procured through or with the assistance of a state or federal governmental agency, and is constructed and maintained on a nonprofit or limited-profit basis by an organization or its wholly-owned subsidiary incorporated pursuant to the provisions of the Private Housing Finance Law of the State of New York.
SETBACKThe minimum distance between a principal building, structure or use and a property line of the lot or, where a buffer is required, between the principal building, structure or use and any part of the buffer. (See Sketches B and C found at the end of this chapter.)
SETBACK, FRONTThe distance from the building or use to the front lot line or buffer as the case may be.
SETBACK, REARThe distance from the building or use to the rear lot line or buffer as the case may be.
SETBACK, SIDEThe distance from the building or use to any lot line other than to the front or rear lot lines or buffer as the case may be.
SHOPPING CENTERA structure or structures and customary parking and loading areas providing for a variety of retail commercial establishments managed as a unit and having the following characteristics:
A. A unified architectural treatment and identifiable theme relating each of the commercial establishments within.
B. A common interrelated parking and site circulation system with consolidated access to public roads.
C. Individual establishments oriented to pedestrian traffic by access signs and display, which are not generally visible or only incidentally visible to the parking areas.
D. Common amenities provided to patrons apart from the commercial establishments, such as benches, site decoration and landscaping, rest rooms and the like.
E. Common spaces which are available for public assemblage, special events and local notices.
SHORT-TERM RENTALA dwelling unit or rooming unit and/or any accessory outdoor areas, yards or structures that are rented, in whole or in part, to any transient person or entity for a period of 29 consecutive nights or less. "Rental" means an agreement, written or oral, granting use or possession of a residence, in whole or part, to a person in exchange for monetary compensation or other valuable consideration. "Short-term rental" shall also mean the selling of shares, time-share ownership or the establishing of other ownership, tenancy or use arrangement in which a person obtains a right of occupancy in all or any portion of a residential dwelling unit, outdoor areas or accessory yards or accessory structures for 29 consecutive nights or less. The term "short-term rental" shall not include:
A. Month-to-month tenancies in dwelling units;
B. Month-to-month tenancies of boarders and roomers in rooming units, as permitted in the Table of General Use Requirements; or
C. Transient stays in hotels or motels that have received a special use permit from the Planning Board.
SIGNSee Chapter
143 for word usage and definition for this and related terms.
STABLE or RIDING ACADEMYAny establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
STAND-ALONE BANK WITH DRIVE-THROUGH FACILITYA commercial establishment that performs financial transactions such as receiving, investing and lending money. The establishment includes a drive-up or drive-through service facility where said transactions may be carried out by customers in motor vehicles. Said bank shall be constructed on a pad, and shall not be attached to any other structure or use.
STAND-ALONE FAST-FOOD RESTAURANT WITH DRIVE-THROUGH FACILITYAny establishment whose principal business is the sale of foods and/or beverages in ready-to-consume servings, for consumption either within the restaurant building or for carry out. Foods and/or beverages are usually served in paper, plastic or other disposable packaging and customers are not served their food or beverages by a restaurant employee at the same table or counter where the items are consumed. The establishment includes a drive-up or drive-through service facility where food and beverages are delivered to customers in motor vehicles. Said fast-food restaurant shall be constructed on a pad, and shall not be attached to any other structure or use.
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 the roof beams. Each 10 feet or fraction thereof of height shall be deemed a "story" in absence of finished floors.
STREETA street, which is one of the following: an existing town, Village, county or state highway or road; a public road shown on a filed subdivision plat; or a street shown on the Official Map of the Village.
STREET CENTER LINEA line, equidistant from each street line of a street 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.
STREET LINE, DESIGNATEDThe line established by the Official Map as the street right-of-way, whether or not in public ownership.
STRUCTUREA combination of materials constructed, assembled or erected on, above or below the ground or attached to something having location on, above or below the ground, including but not limited to buildings, fences, tanks, towers and swimming pools.
STUDENT, FULL-TIMEA student who is enrolled for no less than six weeks and no less than 30 hours of instruction per week for elementary and secondary schools, or 15 hours of instruction per week for postsecondary schools.
STUDENT SUPERVISOR, FULL-TIMESupervisory staff including:
A. Teachers or professors of the school of general or special instruction who perform no less than 15 hours per week of classroom instruction for said school of general or special instruction; or
B. Any other employee of the school of general or special instruction who performs no less than 30 hours per week of work for said school of general or special instruction.
SUPERMARKETAny retail establishment offering for sale a combination of commonly sold prepackaged food products, ready-to-eat food products, fresh-grown products, fresh meat and fish, household items, sundries, magazines, newspaper products, tobacco products, and similar goods not for immediate consumption, but characterized by use in the home or off site and having a gross floor area of more than 8,000 square feet.
SWIMMING CLUBA recreational club with swimming facilities operated for members and their guests, whether or not operated for gain.
SWIMMING POOL, PRIVATEA. IN-GROUND POOLA private swimming pool all of which with the exception of ladders, diving boards, and other usual accessories is located at or below grade. A natural pool or an artificial pool or structure made of concrete, masonry, metal or other impervious material intended for wading, bathing or swimming purposes.
B. ABOVEGROUND POOLA swimming pool or any portion of which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to the pool.
TENTAny freestanding structure, enclosure, umbrella structure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material, supported in any manner except by air or the contents it protects. A permitted tent shall be deemed an accessory building. A freestanding canopy shall be considered as a tent, as defined by this chapter.
TENT, GARAGEAny tent, as defined by this chapter, used to store motor vehicles, garden tools, garden equipment, garden supplies, boats, bicycles, recreational vehicles, or other such similar materials or equipment.
TOWNThe Town of Ramapo, Rockland County, State of New York.
TRAILERA vehicle, including but not limited to a mobile home, which can be used for business, commercial or office purposes. The term "trailer" shall include such vehicles mounted on temporary or permanent foundations with the wheels removed.
TRANSIENTA rental period of 29 nights or less.
TWENTY-FOUR-HOUR DRIVE-THROUGH OR WALK-IN FACILITY WITH PHARMACYAn establishment that transacts retail sales anytime during a twenty-four-hour period as an accessory business function to a local convenience commercial use. The establishment may include a drive-through service facility where said retail sales transactions are carried out by customers in motor vehicles.
UNDERWATERLand is "underwater" where it is so shown on the United States Geological Survey (USGS) Maps which include the Village or where it is within the channel lines of a classified stream as shown on the Rockland County Drainage Agency Official Map or on maps showing wetlands designated by NYSDEC or the Village. In addition, soils classified as muck soils by the United States Soil Conservation Service based on field investigations shall be deemed land underwater.
USEThe specific purpose for which land or a building is used or occupied or maintained.
VEHICLEA means of transporting or carrying something.
VILLAGEThe Village of Montebello, County of Rockland, State of New York.
YARD, REQUIREDOpen and unobstructed ground area of the plot, extending inward from a lot line the distance specified in the requirements for the district in which the lot is located. Where a buffer is required, the buffer shall be deemed to commence at the lot line and the yard requirement shall be deemed to commence from the interior line of the buffer. (See Sketches B and C.)
YARD, REQUIRED FRONTA required yard extending along the full length of the front lot line between the side lot lines.
YARD, REQUIRED REARAn unoccupied required yard situated along the rear lot line and extending the full width of the lot to the side lines of the lot.
YARD, REQUIRED SIDEAn unoccupied required yard extending along a side lot line from the required front yard (or from the front lot line if there is no required front yard) to the required rear yard (or to the rear lot line if there is no required rear yard).