[Amended 11-16-1987 by L.L. No. 11-1987; 2-2-1988 by L.L. No. 1-1988; 10-17-1988 by L.L. No. 5-1988; 4-16-1990 by L.L. No. 4-1990; 3-4-1991 by L.L. No. 2-1991; 7-19-1993 by L.L. No. 6-1993; 10-4-1993 by L.L. No. 9-1993; 11-1-1993 by L.L. No. 10-1993; 12-19-1994 by L.L. No. 10-1994; 6-19-1995 by L.L. No. 5-1995; 11-20-1995 by L.L. No. 9-1995; 10-21-1996 by L.L. No. 3-1996; 7-12-1999 by L.L. No. 6-1999; 3-20-2000 by L.L. No. 1-2000; 3-12-2001 by L.L. No. 3-2001; 4-21-2003 by L.L. No. 2-2003; 10-7-2003 by L.L. No. 9-2003; 11-18-2008 by L.L. No. 3-2008; 12-28-2009 by L.L. No. 6-2009; 6-13-2011 by L.L. No. 1-2011; 7-16-2018 by L.L. No. 5-2018; 11-19-2018 by L.L. No. 6-2018; 2-29-2019 by L.L. No. 1-2019; 4-29-2019 by L.L. No. 1-2019; 8-5-2024 by L.L. No. 1-2024; 8-11-2025 by L.L. No. 1-2025]
Unless otherwise expressly stated, the following terms shall have the meanings herein indicated:
ABUTTINGTouching without any intervening land, except that two parcels which are separated only by a street or road shall be deemed to "abut" for the purpose of determining buffer and yard requirements.
ACREA measure of land containing 43,560 square feet.
ADULT BOOKSTOREAn establishment, whether retail or wholesale, having 10% of its stock on the premises or on display in recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas.
ADULT DAY-CARE CENTERA nonresidential facility in which daytime care, supervision, monitoring, personal care, nutrition and socialization are provided for adults and impaired individuals. An adult day-care center must comply with the standards and applicable regulations of the New York State Office for the Aging or its successor.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents topless dancers, bottomless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments.
ADULT ENTERTAINMENT USEAny use constituting an adult bookstore, adult motion-picture theater, adult entertainment cabaret or adult motel or massage establishment, as those terms are defined herein.
ADULT MOTELA motel which is open to the public generally but which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would be open to the public generally but would exclude any minor by reason of age.
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.
AIR STRUCTUREAny structure of canvas, plastic or similar synthetic material or fabric, supported by an air-pressure device and utilized for recreational, storage or other purposes. For purposes of this chapter, "air structures" shall be considered to be tents.
ALTERATIONAny change in the supporting members of a building, such as bearing walls, columns, beams, girders or floors, or any other change which is not merely a repair or replacement of an existing part, or any change in the exterior enclosure of the building other than a repair or replacement of an existing part.
AMUSEMENT DEVICE ARCADEAny premises with more than three amusement devices as defined in the Public Amusements Law of the Village of Mount Kisco.
AMUSEMENT DEVICE LOCATIONAny premises with up to three amusement devices as defined in the Public Amusements Law of the Village of Mount Kisco.
ANTENNAA device used in communications which converts radio frequency electrical energy to radiated electromagnetic energy and vice versa; in a transmitting station an antenna is the device from which radio waves are emitted.
AUTOMATIC TIMING DEVICEA switching device, a part of which is a clock, set to the prevailing time, that will control the period of illumination of an outdoor light fixture or outdoor sign.
AUTOMOBILE SALESThe use of any building, land area, or other premises for the display, sale or lease of new or used automobiles generally but may include light trucks or vans, trailers, or recreation vehicles, and including any vehicle preparation or repair work conducted as an accessory use.
AUTOMOTIVE REPAIR, LIMITEDAny premises, the primary function of which is to provide for the direct retail sale of gasoline and oil, that incidentally provides for the sale of minor automotive accessories and supplies and routine automotive maintenance and service.
AVERAGE FINISHED GRADEThe average of the highest and lowest horizontal elevations of the finished surface of the ground, paving or sidewalk at a point where height is to be measured.
BASEMENTA 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 the 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.
BATTERYA single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, vehicular batteries, vehicle batteries or household batteries, as those terms are defined in §
69-1 of the Code, or batteries utilized in portable or movable consumer products, including electric motor vehicles, are excluded.
BATTERY ENERGY STORAGE SYSTEMA system consisting of batteries, as defined herein, battery chargers, controls, power conditioning systems and associated mechanical and electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time. Battery energy storage systems of any size are not an allowed use in any district in the Village.
BEDROCK OUTCROPSPortions of bedrock visible above the surface of topsoil, including ledges and cliffs.
BILLIARD PARLORAny establishment which maintains two or more billiard tables or pool tables for the purpose of allowing the use of such tables for a fee.
BUFFERA strip of land along the perimeter of the parcel, identified on a site plan, established to separate one type of land use from another. No structure, parking or loading is permitted in any "buffer." "Buffers" are to be landscaped and kept as open space, except that driveways and walkways providing access through the "buffer" to a structure or parking on the lot are permitted.
BUILDINGAny structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals and/or property.
BUILDING COVERAGEThe sum of the area of coverage or footprint of all buildings and structures on the site.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMA combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity.
BUILDING SETBACK, FRONTThe distance from any building on the lot, except a prefabricated structure not permanently affixed to the ground, having an area of not more than 80 square feet and a height of not more than 10 feet, to the front lot line.
BUILDING SETBACK LINEThe line established by the application to the lot of the minimum building setback regulation applicable in the district in which the lot is located.
BUILDING SETBACK LINE, FRONTThe line established by the application to the lot of the front minimum building setback regulation applicable in the district in which the lot is located.
BUILDING SETBACK LINE, REARThe line established by the application to the lot of the rear minimum building setback regulation applicable in the district in which the lot is located.
BUILDING SETBACK LINE, SIDEThe line established by the application to the lot of the side minimum building setback regulation applicable in the district in which the lot is located.
BUILDING SETBACK, REARThe distance from any building on the lot, except a prefabricated structure not permanently affixed to the ground having an area of not more than 80 square feet and a height of not more than 10 feet, to the rear lot line.
BUILDING SETBACK, SIDEThe distance from any building on the lot, except a prefabricated structure not permanently affixed to the ground having an area of not more than 80 square feet and a height of not more than 10 feet, to a side lot line.
CABARETAn establishment open to the public where alcoholic refreshments are served in conjunction with dancing or live entertainment.
CATERING ESTABLISHMENTAny premises used for the purpose of furnishing for hire therein one or more ballrooms, reception rooms, dining rooms, banquet halls, dancing halls or similar places of assemblage for a particular function, occasion or event and providing food and beverages for consumption at such function, occasion or event.
CELLARAny space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street.
CEMETERYProperty used for the interring of the dead. This use shall not include facilities for cremation.
CHANGE OF USEThe replacement of an existing use by a new use or a change in the nature or intensity of the existing use, but not including a change in ownership, tenancy, name or management or a change in product or service within the same use classification where the previous nature or intensity of the use, line of business or other function is substantially unchanged, and where the intensity shall mean a change in the use of a property by affecting the existing characteristics of the site in terms of traffic, traffic safety, pedestrian and vehicular access, parking, loading, deliveries, circulation, hours of operation, fire protection, noise, drainage, utilities, lighting, security, or other Village services.
CHILD DAY-CARE CENTERA program or facility in which child day care is provided on a regular basis to more than six children for more than three but less than 24 hours per day for compensation or otherwise. A child day-care center must be licensed by the New York State Department of Children and Family Services or its successor. Child day care does not refer to care provided in:
A. A summer day camp, traveling summer day camp or children's overnight camp as defined in the New York State Sanitary Code;
B. A program for school-age children operated solely for the purpose of religious education, sports, classes, lessons or recreation;
C. A facility providing day services under an operating certificate issued by the New York State Department of Children and Family Services (formerly known as the “Department of Social Services”);
D. A facility providing day treatment under an operating certificate issued by the New York State Office of Mental Health or by the New York State Office of Mental Retardation and Developmental Disabilities; or
E. A kindergarten, pre-kindergarten or nursery school for children three years of age or older, or a program for school-age children conducted during nonschool hours, operated by a public school district or by a private school or academy which is providing elementary or secondary education or both in accordance with the compulsory education requirements of the State
Education Law, provided that such kindergarten, pre-kindergarten, nursery school or program is located on the premises or campus where the elementary or secondary education is provided.
CLINICAn establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not lodged overnight (also called an “ambulatory health care facility”).
CLUSTER DEVELOPMENTAttached or detached residential structures situated on a site by a development design technique that concentrates buildings in specific areas and preserves large areas of open space, environmentally sensitive areas and prominent site features.
COLOCATIONThe mounting of personal wireless service facilities used by two or more persons, firms or corporations on the same equipment mounting structure.
COMMUNITY CENTERA place, structure, area, or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
COMMUNITY RESIDENTIAL FACILITYA supervised group-living facility operated or subject to licensure by the State of New York, or a similar supervised group-living arrangement, which in any case provides a supervised residence for mentally, emotionally, physically or socially disabled persons or persons in need of supervision or juvenile delinquents. This term includes, but is not limited to, community residences for the mentally disabled operated or licensed by the Office of Mental Health or Office of Mental Retardation and Developmental Disabilities or by the divisions of the Office of Alcoholism and Substance Abuse; agency-operated boarding homes; group homes or private proprietary homes for adults operated or licensed by the New York State Department of Social Services; group homes, contact homes and urban homes operated or licensed by the Division for Youth; halfway houses operated or licensed by the Division of Substance Abuse Services; and any other similar type of group-living residential facility, whether licensed by any governmental agency or not; and as defined by Article 7, Title 4, § 463, Subdivision 1, of the
Social Services Law, or as said section may hereafter be amended.
COUNTRY CLUBLand area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, open only to members and their guests.
COURT, INNERAn open space enclosed on all sides by exterior walls of a building.
COURT, OUTERAn open space enclosed on three sides by exterior walls of a building.
COURT, OUTER, DEPTH OFThe linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
COVENANTAn attachment on the use of land recorded in the land records as a benefit or limitation in connection with use of such land.
CUSTOMARY LANDSCAPINGLand maintenance involving tree trimming and pruning; the removal of dead and diseased vegetation; lawn and garden care; the planting of decorative trees, shrubs, and plants; and minor landscaping-related regrading, not to exceed two-foot cut/fill over a three-hundred-square-foot area.
DENSITYThe number of dwelling units which may be constructed on a lot or site.
DEVELOPMENTThe division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation, landfill, or land disturbance; and any use or extension of the use of land other than permitting it to remain in its natural site.
DEVELOPMENT COVERAGEThe sum of the area of coverage or footprint of the building, structures, paved areas, parking areas and other improved surfaces on a site, including patios, decks, gazebos and areas covered with gravel, crushed stone or other materials used to support vehicles, but not including architectural landscape features such as pools, ponds and fountains.
DISTRICTA part, zone, or geographic area in Mount Kisco within which certain zoning or development regulations apply.
DISTURBANCERemoval of vegetation, excavation or fill or any combination thereof, including the conditions resulting from any excavation or fill. For the purpose of this chapter, the term "excavation" shall mean any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced or spread; and the term "fill" shall mean any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, dumped, transported or moved by person or persons to a new location.
DRINKING ESTABLISHMENTPremises that are used primarily for the sale or dispensing of alcoholic beverages by the drink for on-site consumption, and where food may be available for consumption on the premises as accessory to the principal use.
DRIVEWAYA path for vehicles leading from a street or road to a garage, parking area, residence or business.
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family unit, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.
EDUCATIONAL AND TRAINING FACILITYGrade, middle and high schools, colleges and universities authorized by New York State to award degrees or certificates; and business, vocational, instructional and training schools such as: computer and data processing schools, art and drafting schools, schools for the theatrical arts, and barber, beauty and cosmetology schools.
EQUIPMENT MOUNTING STRUCTUREAny structure used primarily to support reception or transmission equipment, including, but not limited to, antenna support structures, towers and monopoles.
EXISTING or PREEXISTINGA building or use that is present on a given site or in a given building as of the effective date of this chapter.
FAMILYA. A householder plus one or more persons related by blood, marriage or adoption living together as a single not-for-profit housekeeping unit sharing common facilities; or
B. A householder plus one or more unrelated persons living together as a single not-for-profit housekeeping unit sharing common kitchen facilities.
FAMILY RECREATION FACILITY, INDOORA building and site designed and equipped for family-oriented recreation and leisure-time activities that are completely located inside of a building, including but not limited to, bowling, go carting, slot-car racing, amusement devices, miniature golf, sports/batting cages, laser tag, climbing walls, trampolines, rope courses, arts and crafts activities, games of deduction (treasure hunts, escape the room, etc.), and other activities designed and available to the whole family. This use shall be deemed to include associated instructional classes. Limited incidental retail sales associated with any such uses shall be deemed an accessory use. Family recreation facility shall not be deemed to include health and athletic membership clubs, discharge of firearms, or any use where the activity is prohibited by law from being accessible to all age groups. To the extent applicable, the above shall be subject to the provisions of Chapter
45.
FAMILY RECREATION FACILITY, OUTDOORA facility designed and equipped for family-oriented recreation and leisure-time activities that are conducted outside and limited as follows:
A. Uses shall be restricted to athletic and sports-related activities;
B. The location of such activities shall be approved by the Planning Board to a location on the site which has not been committed to another primary special permit or accessory use;
C. All activities shall be conducted without any sound-amplifying equipment, as defined in Chapter
91, and shall not involve use of equipment or machinery that will exceed ambient sound levels (60 dbs at any property line);
D. No activities shall utilize artificial lighting beyond safety lighting required by statute or regulation;
E. Outdoor activities shall only occur between dawn and dusk; and
F. Family recreational facility shall not be deemed to include health and athletic membership clubs, discharge of firearms, or any use where the activity is prohibited by law from being accessible to all age groups.
FAST-FOOD ESTABLISHMENTA. An enterprise the principal business of which is the sale of foods, including desserts and/or beverages, in ready-to-consume servings, for consumption either within the restaurant facility or for carry-out, and where either:
(1) Foods are usually served in disposable containers and consumers are not served by a restaurant employee at the same table or counter where the items are consumed; and/or
(2) The establishment includes a drive-through service facility.
B. This term does not include a retail grocery store, baked-good store, pizzeria, convenience store, delicatessen, dairy store or other similar outlet selling food items primarily for home consumption; and does not include a restaurant.
FLOOR AREA, AGGREGATE OR GROSSThe sum of the horizontal areas of all floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center lines of party walls separating two buildings, excluding:
B. Cellar and basement areas used for mechanicals and utilities.
C. Any areas devoted to accessory off-street parking or loading.
FOOTCANDLEThe illuminance on a surface of one square foot in area on which there is uniformly distributed a light flux of one lumen.
FUNERAL HOMEA building or part thereof used for human funeral services. Such building may contain space and facilities for: embalming and the performance of other services used in the preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related funeral supplies; and the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
GARAGE, PRIVATEAn accessory building or part of a principal building designed or used principally for the storage of motor vehicles as an accessory use.
GARDEN APARTMENTOne- or two-story, multifamily structures, with each structure containing a number of dwelling units with separate or shared entryways and including off-street parking, open space and recreation (often around a garden or open space area).
GASOLINE STATION or MOTOR VEHICLE SERVICE STATIONAny area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline and other motor vehicle accessories and which may or may not include facilities for washing, lubricating or otherwise servicing motor vehicles, but not including auto body repair or painting thereof by any means.
GLAREThe sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted, so as to cause annoyance, discomfort, or loss in visual performance and visibility.
GOLF COURSEA tract of land laid out for at least nine holes for playing the game of golf and improved with trees, greens, fairways, and hazards and that may include a clubhouse and customary accessory uses.
GOVERNMENTAny department, commission, independent agency, of instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, township, authority, district or other governmental unit.
GROSS LOT AREAAn area defined as the total lot area, including floodplains, wetlands, waterways, ponds, steep slopes and any other areas for preservation.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity for on-site or off-site consumption.
HEALTH AND ATHLETIC MEMBERSHIP CLUBA facility providing athletic or physical fitness activities for members and their guests, such as health and fitness, tennis, golf, swimming, skating, soccer and gymnasium facilities, operated for profit by a private entity.
HEIGHT, BUILDINGThe vertical distance measured from the average elevation of the proposed finished grade to the highest point of the roof, if the roof is flat, or to the mean level between the eaves and the highest point of the roof, if the roof is of any other type, measured as follows:
A. For a building that adjoins the front property line or is not more than five feet from the street, measured in feet or in stories from the established level of the curb.
B. For a building located more than five feet from the street, measured in feet or in stories from the average finished grade adjacent to the exterior walls of the building. For the purpose of this definition, where the finished grade is made by filling it shall not be measured more than three feet above the established grade of the curb.
C. When a lot fronts on two or more streets, the lower street or the average elevations of the lot with regard to the abutting street(s) may be taken as the base for measuring the height of the building.
HEIGHT, STRUCTUREThe vertical distance measured from the average elevation of the proposed finished grade to the highest point of the structure; provided, however, that structures which constitute projecting features above roof level within the meaning of §
110-31E of this chapter shall be governed by the provisions set forth therein, measured as follows:
A. For a structure that adjoins the front property line or is not more than five feet from the street, measured in feet or in stories from the established level of the curb.
B. For a structure located more than five feet from the street, measured in feet or in stories from the average finished grade adjacent to the exterior edge of the structure. For the purpose of this definition, where the finished grade is made by filling it shall not be measured more than three feet above the established grade of the curb.
C. When a lot fronts on two or more streets, the lower street or the average elevations of the lot with regard to the abutting street(s) may be taken as the base for measuring the height of the structure.
HILLTOPSA roughly circular area defined by a radius of 75 feet from the highest point of a hill or rise of land.
HOSPITAL, HUMANAny building used for the diagnosis, treatment and care of human beings afflicted with disease or ailments, with in-patient care. The term shall not be deemed to include a nursing, rest or convalescent home or home for the aged.
HOTEL or MOTELAny building or group of buildings containing more than six rooms or suites without individual kitchen facilities, which rooms or suites are designed or are intended to be occupied for sleeping purposes for compensation.
HOUSEHOLDERAn individual who resides in a dwelling unit and who owns, rents or otherwise has legal possession of such unit.
HOUSEHOLD PETAnimals that are customarily kept for personal use or enjoyment within the home. Household pets shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, domestic rodents (such as hamsters and gerbils), and certain small reptiles, birds, and fish considered exotics.
IESIlluminating Engineering Society of North America, which is an organization that establishes standards for the lighting industry.
LANDSCAPED AREAAn area devoted to or developed predominantly with plant material or natural landscape features, including lawn, ground cover, gardens, trees, shrubs and other plant materials, and also including accessory decorative outdoor landscape elements, such as pools, fountains, water features and architectural or sculptural elements, provided that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of plant material.
LENGTH OF BUILDINGThe horizontal distance between the vertical planes of a rectilinear building, measured along or parallel to the walls of its greatest dimension.
LIGHT TRESPASSAny form of artificial illumination emanating from a light fixture or an illuminated sign that penetrates other property in excess of a certain specified amount.
LOADING SPACEAn off-street space or berth used for the loading or unloading of cargo, products, or materials from vehicles.
LOTAny land or parcel of land not divided by public streets that is or may be utilized in accordance with the provisions of this chapter. Said "lot" shall have its principal frontage on a public street or shall have another legal means of access.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets, where the interior angle of intersection does not exceed 135º. Any lot adjoining a curved street at a point where the street line describes an arc enclosed by an angle of 135º or less shall also be considered a "corner lot." All "corner lots" shall have two front yards, two side yards and no rear yard.
LOT DEPTHThe distance between the front and rear lot lines.
LOT LINE, FRONTThe boundary of the lot along the street on which the lot has frontage.
LOT LINE, REARThe boundary of the lot opposite the front lot line, except that if the "rear lot line," as so defined, is less than 10 feet in length, or the lot comes to a point at the rear, then the "rear lot line" shall be deemed to be a line, parallel to the front lot line, not less than 10 feet long, lying wholly within the lot and farthest from the lot line.
LOT LINE, SIDEAny lot line which is not a front lot line or a rear lot line is a "side lot line."
LOT, THROUGHA lot which has two street lines at opposite ends of the lot. "Through lots" shall have two front yards and two side yards.
LOT, TWO-CORNERA combination through and corner lot which has three street lines. A "two-corner lot" shall have two front yards on two street frontages and two side yards.
LOT WIDTHThe width of a lot measured along a line drawn parallel to the street line, measured at the required front yard setback.
LUMENA unit of measure of the quantity of light which falls on an area of one square foot every point of which is one foot from the source of one candela. A light source of one candela emits a total of 12.57 lumens.
MAJOR STREETThe following streets in Mount Kisco are classified as "major streets": North Bedford Road, East Main Street, West Main Street, South Moger Avenue, Lexington Avenue, Kisco Avenue, Armonk Road and South Bedford Road.
MANUFACTURINGAny process where either the nature, size or shape of articles or raw materials is changed or where articles are assembled.
MASSAGEA method of treating the external part of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health care practitioner duly licensed by the State of New York, nor barbershops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not include a Volunteer Fire Department, a Volunteer Rescue Squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities and facilities for the welfare of the residents of the area.
MASSAGE TECHNICIANAny individual who administers a massage to another individual at a massage establishment. This definition shall not include any health care practitioner duly licensed by the State of New York.
MEMBERSHIP CLUBA facility providing recreational and/or other leisure-time activities for members and their guests, operated for profit by a private entity.
MOBILE HOMEA wheeled vehicle designed and used for permanent living or business purposes. The removal of the wheels from such a vehicle shall not be deemed to alter its status in any way.
NATIVE PERENNIAL VEGETATIONNative wildflowers, forbs, shrubs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
NET LOT AREAA calculated area defined as the gross lot area minus areas to be deducted pursuant to § 110-31.1A(1) and B(1) of this chapter.
NONCOMPLYING USEA structure that contains a use permitted in the district in which it is located but does not adhere to lot, bulk or parking regulations set forth in this chapter.
NONCONFORMING USEA use, whether in a building or on a parcel of land, or both, which does not conform to the permitted use regulations as set forth in this chapter for the district in which it is situated but was lawful under the Zoning Law when the use came into being.
NONRESIDENCE OR NONRESIDENTIAL DISTRICTEach of the following zoning districts: CB-1, CB-2, CR, CL, GC, OG, OC, ML, H, RDX, SC Districts.
NURSERYA parcel of land, with or without a building, where woody or herbaceous plants are grown, growing or maintained in a condition for sale.
NURSING, REST OR CONVALESCENT HOME or HOME FOR THE AGEDAny building used for the accommodation and recuperative, postoperative or convalescent care of three or more persons suffering from or afflicted with or convalescing from any infirmity, disease, ailment or incapacity. It shall not mean or be deemed to include a hospital or place of treatment for mental illness or contagious diseases.
OBJECTIONABLE DIRECT LIGHT EMISSIONSDirect light emissions offensively visible above a height of five feet at the subject property line. A bulb, a reflective device, a refractive lens device, a globe, or a diffuse panel shall be considered a direct light emission source.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space.
OUTDOOR LIGHT FIXTUREAn electronically powered illuminating device containing a total light source of more than 1,800 initial lumens per fixture (this is greater than a single one-hundred-watt incandescent lamp, or two seventy-five-watt reflectorized incandescent bulbs), which is permanently installed outdoors, including but not limited to devices used to illuminate any site, architectural structure or sign.
PARKING SPACEA surfaced area that is accessible and available at all hours for the parking of a passenger or commercial vehicle on a transient basis.
PARKING STRUCTUREA structure on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this chapter.
PASSENGER VEHICLEA motor vehicle designed primarily for the transport of persons, and which complies with the New York State definition and standards for a passenger vehicle.
PERFORMANCE STANDARDSA set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.
PERMITTED USEA use listed within the regulations for a particular district as a permitted use within that zone, and permitted therein as a matter of right or upon the issuance of a special permit, when conducted in accordance with the regulations established by this chapter.
PERSONAL SERVICE ESTABLISHMENTAny business providing services related to the body or physical appearance of a person, such as beauty shops, barber shops, nail salons, tanning salons, weight control clinics, photography studies, tailors and shoe repair shops.
PERSONAL WIRELESS SERVICESCommercial mobile services, wireless telecommunications services using duly authorized devices which do not require individual licenses (excluding the provision of direct-to-home satellite services), and common carrier wireless exchanges, including cellular radiotelephone, specialized mobile radio system and personal communications services.
PERSONAL WIRELESS SERVICE FACILITYA facility for the provision of personal wireless services. A personal wireless service facility includes an antenna, equipment mounting structure and accessory buildings and equipment. For purposes of this chapter, a personal wireless service facility shall not be included within the definition of a "public utility facility" as specified in this chapter, since personal wireless service facilities, although they are facilities operated by public utilities with certain rights under the laws of the United States and the State of New York, are exclusively regulated as such by §
110-27.1 of this chapter.
PLAYGROUNDAn active recreational area with a variety of facilities, including equipment for younger children as well as court and field games.
POLLINATORBees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
PRINCIPAL STRUCTUREAny building or structure that is intended to house, shelter and/or enclose a principal use.
PRIVATE RECREATION USEA use providing recreation facilities and/or other leisure-time activities for the community operated by a for-profit entity.
PROFESSIONAL OFFICEAn office of a properly certified or licensed physician; psychologist; physical, occupational or speech therapist; chiropractor; social worker; dentist; lawyer; engineer; planner; architect; accountant; teacher or other similar professional person.
PUBLIC RECREATIONAL USEA use providing recreational and/or other leisure-time activities for the community, whether or not membership is required or fees are charged, operated by a governmental entity.
PUBLIC UTILITY FACILITYA facility, other than a personal wireless service facility or a battery energy storage system, for the provision of public utility services, including facilities constructed, altered or maintained by utility corporations, either public or privately owned, or government agencies, necessary for the provision of electricity, gas, steam, heat, communication, water, sewage collection or other such service to the general public. Such facilities shall include poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms and call boxes and other similar equipment, but shall not include office or administration buildings. For purposes of this chapter, personal wireless service facilities, defined separately in this chapter, shall not be governed by the zoning regulations which apply to the broader definition of public utility facilities, but shall be governed by the regulations of the Personal Wireless Services Facilities Overlay District which specifically regulates this category of public utilities. Battery energy storage systems (BESS), defined separately in this chapter, shall not be deemed to be public utilities under this Code.
QUASI-PUBLIC RECREATIONAL FACILITYA facility providing recreational and/or other leisure-time activities for the community, whether or not membership is required or fees are charged, operated by a not-for-profit entity.
QUASI-PUBLIC RECREATIONAL USEA use providing recreational and/or other leisure-time activities for the community, whether or not membership is required or fees are charged, operated by a not-for-profit entity.
QUEUE LINEAn area for the temporary parking and lining up of motor vehicles while awaiting service or other activity.
RADIO AND TELEVISION BROADCASTING STATIONAn establishment engaged in transmitting oral and visual programs to the public or private individuals/groups/organizations and that consists of a studio, transmitter, wires and antennas.
RECREATION VEHICLEA transportation vehicle, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck, of such size and weight as normally not to require any special highway movement permits and primarily designed or constructed to provide temporary, movable living quarters for recreational, camping or travel use or to carry such equipment, but not for profit or commercial use. Included as "recreational vehicles" are the following:
A. TRAILERS, TRAILER COACHES and FIFTH WHEEL TRAILERSRecreational vehicles constructed with integral wheels to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup or panel trucks and similar motor vehicles, but not including truck tractors of any type.
B. CAMPING TRAILERA type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and are made out of either canvas or similar cloth or some form of rigid material, such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
C. PICKUP (SLIDE-IN) CAMPERSRecreational structures designed to be mounted temporarily or permanently in the beds of light trucks, with the trucks having either single or double rear wheels, and with or without an assisting, extra tax axle and with wheels mounted either on the camper chassis or the truck chassis behind the truck's rear wheels. These campers can be easily demounted from the truck beds. When removed from their respective truck beds, pickup (slide-in) campers are called "unmounted campers."
E. CONVERTED AND CHOPPED VANSRecreational vehicles which are created by altering or changing an existing auto van to make it into a recreational vehicle, meeting the requirements of Subsection
A of this definition.
RELIGIOUS USEA structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.
RESEARCH, DESIGN AND DEVELOPMENT FACILITIESFacilities devoted to the pursuit of scientific or technological research, design and development of natural, manufactured, processed or compounded material or products, including but not limited to food and other consumer products, electronic and electrochemical processes, products and equipment, laser technology, telecommunications, medical research, genetic research, pharmaceuticals, aerospace equipment, computers and robotics.
RESIDENCE OR RESIDENTIAL DISTRICTEach of the following zoning districts: PD, CD, CL-1, CN, PRD, RS-12, RS-9, RS-6, RT-6, RM-5, RM-12 and RM-29 Districts.
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), but not including a fast-food restaurant or cabaret.
RESTRICTIONA limitation on the use of property that may be created in a recorded instrument or through certain zoning or subdivision regulations, or as a condition of approval of an application for development.
RETAIL BUSINESSAny business involving the sale of goods or articles individually directly to the consumer, including, but not limited to, full-service grocery store.
RIDGELINESAn area 75 feet downslope to either side of the center line of a ridge.
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.
SCHOOLAny facility, public or private, which offers classes or provides other educational services for minors.
SCREENINGA method of visually shielding or obscuring an abutting or nearby structure or use from another by fencing, walls, berms, landscaping, hedges or densely planted vegetation.
SENIOR ASSISTED-LIVING HOUSINGA category of senior housing that provides senior citizen residents with home health care in addition to the services routinely provided by senior independent and senior enriched housing.
SENIOR ENRICHED-/INDEPENDENT-LIVING HOUSINGA category of senior housing in which senior citizen residents are provided with services that may include meals, housekeeping, shopping, transportation, social activities and some personal care assistance.
SENIOR HOUSINGMultiunit apartment buildings, condominiums, cooperatives, and one- and two-family home complexes that are restricted to a person or persons who:
A. Meet the minimum age requirement for "housing for older persons" contained in Section 3607 of the Federal Fair Housing Act, as amended, or are restricted to at least one person who is at least age 55, whichever is the higher age; or
B. Are disabled or handicapped, regardless of age.
SETBACKThe horizontal distance from a lot line to the part of the building which is nearest to such lot line.
SEXUAL ACTIVITIESAny act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is female, breast.
SHIELDED LIGHT FIXTUREA light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90º for street lighting and 80º for all other lighting, through the light fixture's lowest light-emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
SIGNAny object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
The definitions for different types of signs which are in Chapter 89 of the Code will follow this definition. |
SITEThe entire parcel proposed for development.
SLOPEThe ratio of vertical to horizontal distance.
SOLAR ACCESSSpace open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
SOLAR ENERGY EQUIPMENTElectrical material, hardware, inverters, conduit, or other electrical and photovoltaic equipment associated with the production of electricity.
SOLAR ENERGY SYSTEMThe components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows.
A. Tier 1 solar energy systems include the following:
(1) Roof-mounted solar energy systems on buildings.
(2) Building-integrated solar energy systems; and
(3) Solar energy systems mounted as a roof on an accessory structure, not exceeding a total roof area of 750 square feet and not constituting a ground-mounted solar energy system as defined herein.
B. Tier 2 solar energy systems: reserved.
C. Tier 3 solar energy systems are systems that are not included in the list for Tier 1 and Tier 2 solar energy systems, or any Tier 1 or 2 system that does not comply with the applicable regulations.
SOLAR ENERGY SYSTEM COVERAGESAll solar energy systems shall constitute building and/or development coverage. Building coverage shall be deemed increased only to the extent that any additional building is created. Development coverage shall be deemed increased only to the extent that the surface area of any development coverage is increased. For purposes of this chapter, open air carports shall constitute structures, not buildings.
SOLAR PANELA photovoltaic device capable of collecting and converting solar energy into electricity.
STEEP SLOPESGround areas with an average slope of 15% or greater with a minimum area of 500 square feet, one dimension of which is a minimum of 10 feet. Measurements shall be made along a horizontal plane.
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.
STORY, HALFAny space partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
STREETAny public thoroughfare, court, place, square, lane or way set aside or used as a right-of-way for common street purposes.
STREET LINEThe dividing line between a lot and a street. Where a proposed street widening line is shown on the Official Map of the Village of Mount Kisco, such line shall be deemed to be the "street line."
STRUCTUREAny combination of materials forming any construction, including but not limited to freestanding signs, fences, walls (other than retaining walls projecting above the ground not more than two feet at the lower ground level), radio and television antennas (except such as are installed on the roof of a building), pergolas, porches, outdoor bins, outdoor air conditioners (except those installed in windows), swimming pools and solar panels.
SWIMMING POOLAn outdoor water pool which is intended to be used for swimming or bathing. An "outdoor water pool" shall, for the purposes of this chapter, be construed to mean any swimming pool or any structure which, when filled to capacity, will cause the retention of water to a greater depth than 24 inches or will have a plane surface area of water greater than 75 square feet. This definition includes in-ground as well as aboveground swimming pools, but excludes lakes, ponds, retention basins and other natural water bodies.
TELEPHONE EXCHANGEA building erected or used exclusively for telephone, telegraph, data transmission, radio, district messenger and fire and burglar alarm central systems and similar central station systems; and telephone systems not connected to a central station system but using similar types of equipment, methods of installation and maintenance.
TENTA portable and collapsible shelter made of canvas or other fabric material which is stretched over a supporting framework.
THEATER or CINEMAA building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.
TOWNHOUSEOne of several attached dwelling units that together constitute a multifamily building, each of which is designed for and occupied exclusively as a home or residence for not more than one family and separated from other units by a ground-to-roof party wall or walls.
USABLE OPEN SPACEAn unenclosed portion of the ground of a lot which is not devoted to roadways, driveways or parking spaces or of which not more than 10% is roofed for shelter purposes only, the minimum dimension of which is 40 feet and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation. In no event shall any required buffer area be included in the calculation of "usable open space."
USEThe specific purpose for which land, a building or a portion of a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VERY STEEP SLOPESGround areas with an average slope of 25% or greater with a minimum area of 500 square feet, one dimension of which is a minimum of 10 feet. Measurements shall be made along a horizontal plane.
VETERINARY CLINIC AND HOSPITALA place for the medical and surgical treatment by a licensed veterinarian of household pets, and the overnight boarding of such animals, but only in connection with primary medical and surgical care following such treatment. A veterinary clinic and hospital shall have no outdoor facilities or kennels, shall not include crematory services or breeding facilities, and shall be constructed with sufficient odor controls and internal sound-absorbing materials so as to minimize noise emanating from the premises.
VILLAGEThe Village/Town of Mount Kisco.
WHOLESALEEstablishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
YARD FRONTAn unoccupied area fully open to the sky between the front lot line and the front building setback line.
YARD, REARAn unoccupied area fully open to the sky between the rear lot line and the rear building setback line.
YARD, SIDEAn unoccupied area fully open to the sky between the side lot line and the side building setback line.