[Amended 4-30-2021, approved 4-30-2021; 11-10-2021, approved 11-11-2021; 2-11-2025, approved 2-11-2025; 3-26-2025, approved 3-26-2025; 5-28-2025, approved 5-28-2025]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USEA use which is customarily incidental and subordinate to the principal use on the same lot therewith, except that where specifically so provided, accessory off-street parking need not be located on the same lot.
ADULT ENTERTAINMENT BUSINESSA business establishment with any one of the following: adult entertainment store, adult live entertainment business or adult motion-picture show as defined in this chapter. This definition shall not include adult massage establishments or adult hotels or motels or sexual encounter establishments which are expressly prohibited in Mount Vernon, and which are defined below.
ADULT ENTERTAINMENT MERCHANDISEAny one of the following items: books, magazines, periodicals or other printed matter; photographs, films, motion pictures, video cassettes, slides, compact disks or other visual representations; audio tapes, cassettes, records, compact disks or other audio representations or any other similar material that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT ENTERTAINMENT STOREAn establishment that has a significant amount or more than 25% of its stock-in-trade or more than 20 square feet of public sales space devoted to the sale, distribution, rent or for any form of consideration adult entertainment merchandise as defined herein. Adult entertainment merchandise offered for sale, rent or other consideration is not used, read, viewed or otherwise consumed on the premises.
ADULT HOTEL OR MOTELA hotel or motel or similar commercial establishment which offers a sleeping room for rent for a period of time that is less than 10 hours or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. These establishments are prohibited in the City of Mount Vernon because they may encourage unlawful activity to occur. (See New York State Penal Code, Article 230). This definition shall not be interpreted to include conventional hotels and motels, which are rented on an overnight basis, normally for a twenty-four-hour period for the convenience of travelers.
ADULT LIVE ENTERTAINMENT BUSINESSA nightclub, bar, restaurant or any type of business establishment that features live performances or any employees or subcontractees that are characterized by the exposure of specified anatomical areas or specified sexual activities, whether or not the live performances are considered incidental to the primary operations of the business, and whether or not the employee or subcontractee is normally considered an entertainer.
ADULT MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. These massages are normally given to provide sexual stimulation or satisfaction to paying customers. This definition shall not be construed to include such health-related facilities as a hospital, nursing home, medical clinic, health club or the office of any health-care massage practitioner duly licensed by the State of New York, nor barber shops or beauty parlors in which massages are administered to the scalp, face, neck or shoulders, nor a nonprofit organization operating a community center, swimming pool, tennis court or other educational athletic facilities for the welfare of the residents of the area. Adult massage establishments are expressly prohibited in the City of Mount Vernon because they may encourage unlawful activity to occur. (See New York State Penal Code, Article 230).
ADULT MOTION PICTURE THEATERAny establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown to patrons that are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT RETIREMENT COMMUNITYA planned residential development for senior citizens, which consists of multifamily dwelling units or single-family units, in which each individual living unit contains a kitchen and bathroom, and which include universal design features and are handicap adaptable, and that may provide social and recreational activities for its residents and may provide supportive amenities such as dining programs, transportation, linen services, housekeeping services, beauty parlors, libraries, convenience stores or cafes, swimming pools, computer rooms, and other similar activities and amenities, with such activities and amenities being provided within the same structure as the dwelling units or in an accessory space or building dedicated for those purposes.
ALTERTo change, enlarge or rearrange the structural parts, either interior or exterior, or the exit or entrance facilities of a structure or to move a building from one location or position to another or to modify the construction of a building or its building equipment.
APPLICATIONThe application form and all accompanying documents and exhibits required of an applicant by an approving agency for review.
APPROVED CONDITIONSPhysical conditions and use of a building, structure, land or part thereof, approved under a valid permit issued by the Department of Buildings.
ASSISTED-LIVING FACILITYA multiunit residential facility constructed, operated, and providing oversight pursuant to Article
46-B of New York State Public Health Law (Assisted Living Reform Act of 2004), NYCRR Title
10, Section 4662, Part 1001.
ATTICThat part of a building between the uppermost story and the roof.
AUTOMATED PARKING FACILITYRefers to an off-street parking facility or public parking garage where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.
BARA business enterprise primarily engaged in the retail sale of alcoholic beverages, such as beer, wine or liquor to patrons seated at a table or counter, served for consumption on the premises.
BASE HEIGHTThe base height of a building is the permitted height of the facade facing a street, otherwise known as the front wall or street wall, of a building before any building step-back is required as specified by certain zoning districts.
BUFFERLand maintained in either a natural or landscaped state and used to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.
BUILDINGAny structure having a roof, self-supporting or supported by columns, walls, air pressure or similar supports, which is affixed to the ground and intended for the housing or enclosure of persons, animals or chattel.
BUILDING AREAThe maximum horizontal cross-section of a building, including roofed-over porches, decks and balconies more than three feet above the average adjoining ground elevation, but excluding cornices, roof overhangs or gutters projecting not more than three feet from the exterior building wall.
BUILDING COVERAGEThe percentage of lot area covered by the combined building area of all buildings on a lot.
BUILDING HEIGHTThe vertical distance from grade to the level of the highest point of the roof if the roof is flat or mansard, or to the mean level between the eaves and the highest point of the roof if the roof is of any other type.
BUILDING LEGAL GRADEThe average elevation of the finished ground at the exterior walls of the main building. Building height is measured from the building legal grade.
BUILDING LENGTHThe horizontal distance measured between the furthermost exterior of the finished walls of the building in a generally perpendicular direction.
BUILDING, ACCESSORYA building subordinate to the principal building or buildings on the lot and used for purposes customarily incidental to that of the principal building. When an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which said building is located.
BUILDING, STEP-BACKA building step-back is the distance, as specified by certain zoning districts, that a portion of a building is recessed from the facade, rather than a lot line. A building step-back is required for the portion of a building above the base height, as specified by certain zoning districts, only when the building height will exceed the specified base height.
BUILD-TO LINEThe line at which construction of a building facade is to occur on a lot, running parallel to the front property line without setback, and thus ensuring a uniform (or more or less even) building facade line on the street.
BULKHEADA bulkhead is an enclosed structure on the roof of a building that may include mechanical equipment, water tanks, bathrooms and storage rooms for roof amenities, and roof access from interior stairwells and elevators. It is not counted as floor area and is permitted to exceed zoning height and setback requirements, within limits specified in the zoning resolution.
BULK STORAGEExposed outside storage of sand, lumber, coal, mulch, gravel, stone, soil, aggregate, wood chips, earth materials, or other bulk materials, and bulk storage of liquids in tanks.
BUSINESS INCUBATORA facility and/or program, managed by public and/or private agencies, established to nurture young (startup) firms during their early months or years. It provides affordable space/shared offices and a combination of services, including hands-on management training, marketing support and access to financing, etc.
CAR WASHA car wash is an establishment engaged in washing, waxing, and/or polishing of motor vehicles or in furnishing facilities for the self-service washing of motor vehicles.
CATERING HALLA business enterprise engaged in preparing and serving food and beverages selected in advance for a predetermined number of people, often large in number, at a specified time, including, but not limited to, the provision of live or mechanical entertainment and dancing.
CERTIFICATE OF OCCUPANCYA certificate issued by the Commissioner of the Department of Buildings upon completion of the construction of a new building or addition or upon a change in the use of a building or use of the land which certifies that all requirements of this chapter the City Code and the New York State Uniform Code have been complied with and authorizes the occupancy of the premises in accordance with such certificate and all applicable codes rules and regulations. When the term "certificate of occupancy" is used in this chapter, it shall be deemed to include the term "certificate of tenancy and "letter of completion" where such may be appropriate.
CERTIFICATE OF TENANCYA certificate of occupancy issued by the Commissioner of the Department of Buildings for a tenancy space. The certificate of tenancy is issued to the business owner and authorizes the occupancy of the tenancy space in accordance with such certificate and all applicable codes rules and regulations.
CHANGE OF USEAny change in the use of a building or land which results in a different use classification or use nomenclature in the lists of use regulations listed in this chapter.
COLLECTOR STREETA street that provides both land access service and traffic circulation within residential neighborhoods, commercial and industrial areas. The collector street also collects traffic from local streets in residential neighborhoods and channels it into the arterial system, as defined by New York State.
COMMERCIAL CORRIDORA commercial corridor is a concentration of parcels that have commercial, retail and mixed uses, which serve a common trade area and surround and/or lie along a single street.
COMMUNITY CENTERA structure, lot, room or dedicated space used principally by the community for clubs, fraternities, organizations and other types of social groups for the purposes of providing a meeting place.
COMMUNITY PURPOSE BUILDING or COMMUNITY PURPOSE SPACEA building or portion thereof used and occupied by a not-for-profit or membership corporation providing charitable, recreation, entertainment, guidance, counseling or other similar services, amenities, and facilities on a nonprofit basis similar to organizations commonly described as "YMs," "YWs," "Boys and Girls Clubs," "Scout groups" and other fraternal membership groups. This definition does not include community centers, which provide meeting places for social groups.
CONSTRUCTION TRAILERA modular or portable structure located on the premises of a construction project and used primarily to accommodate temporary offices for developers and contractors during a construction project. May include eating facilities and meeting space. Construction trailers may not be occupied overnight by employees or security personnel, and may not be utilized as a construction equipment storage container.
COURT or COURTYARDAn open, uncovered and unoccupied space, bounded on two or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of one or more buildings. All other courts are outer courts.
COVERAGESee "building coverage" and "impervious coverage."
CULTURAL CENTERA facility, operated by a public, private, or nonprofit organization, that is open to the public and has as its primary purpose the advancement and preservation of culture and arts.
CUSTOMARY PERSONAL SERVICESServices to the general public for personal or household use such as beauty salon, barber shop, spa, exercise outfit, tailoring, upholstery repair, household appliances repairs, etc.
DAY-CARE CENTERA program, licensed by the New York State Department of Social Services, which provides care for three or more children away from their home for more than three hours per day, excluding those children receiving family day care, or group family day care as defined in this section.
DE MINIMISWithin the context of land use law, an applicant may obtain an exception to the City's zoning ordinance when there is only a minor deviation from the zoning ordinance and rigid compliance is not necessary to protect the public policy concerns inherent in the ordinance. A de minimis exception may generally be considered to be 10% or less of what is permitted under the zoning variance.
DENSITYThe number of residential units allowed on a parcel based on the lot area dwelling unit requirements specified in the zone district.
DENSITY BONUSA density increase over the otherwise maximum allowable residential density under the applicable Zoning Ordinance as of the date of application by the developer to the City.
DEVELOPMENTThe construction, reconstruction, conversion, structural alternation, relocation, or enlargement of any structure; any mine, excavation, landfill or land disturbance; and/or any change in use, or alteration or extension of the use, of land.
DUMPSTERAny container (other than a conventional trash barrel) intended for the temporary storage of rubbish, garbage, trash, or refuse of any sort and designed to be hoisted and emptied into a truck for removal.
DWELLINGA building containing one or more dwelling units.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family, including independent cooking, sanitary and sleeping facilities.
DWELLING UNIT, ATTACHEDA dwelling unit sharing one or more common side or rear walls with another dwelling unit or units, but occupying the entire volume within its portion of the building from the lowest level to the roof and having its own separate entrance or entrances to the outside. This type of dwelling unit is also sometimes known as a "townhouse."
DWELLING UNIT, DETACHEDA dwelling unit located in its own separate building which does not abut any other dwelling.
DWELLING, MULTIFAMILYA dwelling containing three or more dwelling units, or a part of a mixed-use building containing three or more dwelling units.
DWELLING, TWO-FAMILYA dwelling containing only two principal dwelling units, whether located side by side or in any other manner.
EDUCATIONAL INSTITUTIONA school (including a technical, trade, or vocational school) that is: operated or directly supported by the United States; operated or directly supported by any state or local government or by a political subdivision of any state or local governments; or approved by a state agency or subdivision of the state, or accredited by a state recognized or nationally recognized accrediting body.
ENRICHED HOUSINGEnriched housing is defined in New York State law (NYCRR, Title
18, Chapter II, Subchapter D) as an adult care facility and is licensed and overseen by the New York State Department of Health. An enriched housing program is an adult-care facility established and operated for the purposes of providing long-term residential care to five or more adults, primarily persons 65 years of age or older, in community-integrated settings resembling independent housing units. Such a program provides or arranges the provision of room, and provides board, housekeeping, personal care and supervision.
EXPERIENTIAL RETAILStores in which shoppers experience the products in addition to the typical selling and buying of products.
FAMILYOne or more persons having a common domestic bond who live together in one dwelling unit as a traditional family or its functional equivalent, headed by one or more resident persons who have the authority over the care, functioning or management of their common household.
FLOATING OVERLAY ZONEA floating overlay zone is a zoning designation that is unmapped on the Official Zoning Map that at the discretion of the City Council may be superimposed on one or more qualifying parcels of land to impose supplemental restrictions on uses within the district, permit specific uses that are otherwise not permitted or implement incentives while retaining the underlying zoning to foster development. Floating overlay zones can be affixed to qualifying parcel(s) by the application of the owner of a parcel or by the City Council initiative. Upon approval, the parcel(s) is governed by the uses, dimensions and other provisions under the Floating Overlay Zone Ordinance.
FLOATING ZONEA floating zone is a zoning designation that is unmapped on the Official Zoning Map that at the discretion of the City Council may be superimposed on one or more qualifying parcels of land to impose supplemental restrictions on uses within the district, permit specific uses that are otherwise not permitted or implement incentives to foster development. Floating zones can be affixed to qualifying parcel(s) by the application of the owner of a parcel or by the City Council initiative. Upon approval, the parcel(s) is governed by the uses, dimensions and other provisions under the Floating Zone Ordinance.
FLOOR AREAThe horizontal area of a story of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the center line of such common walls, but excluding unroofed porches, balconies, raised platforms, roof overhangs, gutters and chimneys.
FLOOR AREA, GROSSThe sum of the floor areas of all stories of all principal buildings on a lot, excluding floor area used for accessory off-street parking purposes.
GRADEThe average level of the ground surrounding and 10 feet distant from the exterior walls of the building, but within the property.
GROUND FLOORThe floor of a building at or nearest street level.
HEALTH CLUBMembership facilities designed and used for body conditioning and rehabilitation, including activities such as aerobic and related class exercises. Health clubs may contain equipment such as whirlpools, saunas, steam rooms, showers, locker facilities and, as an accessory use, a health food bar.
HOME OCCUPATION, CUSTOMARYAn occupation of a service character accessory to and customarily incidental to the use of a dwelling unit by a resident thereof, the conduct of which is clearly secondary to the use of the dwelling unit for living purposes, does not change the character thereof or have any exterior evidence of such secondary use and does not involve the keeping of stock of merchandise for sale in connection therewith. Tutoring and instruction, including art, music, voice, violin or other musical instrument, limited to a single pupil at a time shall be deemed a customary home occupation. Group instruction in dancing, vocal or instrumental music, tea rooms, barber shops, beauty parlors, real estate offices, insurance offices and tourist homes are not customary home occupations.
HOTEL/MOTELAny building or group of buildings containing rooms occupied by transient guests who are lodged with or without meals, in facilities also commonly referred as inns, motor lodges and other such similar designations.
IMPERVIOUS COVERAGEThe percentage of the land area covered by the combined area of all buildings, structures, paved areas and other impervious surfaces on the lot.
IMPERVIOUS SURFACEAny surface or material through which water will not flow under ordinary hydrostatic pressure and including structures, parking areas, driveways, sidewalks, terraces and paved areas.
LAND DEVELOPMENT PROJECTA project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or commercial, institutional, recreational, open space, and/or mixed uses as provided for in the zoning ordinance.
LEGAL CONDITIONSConditions of a building structure land or part thereof sanctioned by a certificate of occupancy or tenancy or a letter of completion.
LEGALIZATIONThe type of permit application and/or work required from the owner to bring a building structure land or portion thereof which use or physical conditions have been changed or altered without a permit issued by the Department of Buildings to approved and legal conditions.
LETTER OF COMPLETIONA certificate issued by the Commissioner of the Department of Buildings indicating the satisfactory completion of alterations in accordance with the permit issued thereof.
LIQUEFIED PETROLEUM GAS (LPG) DISTRIBUTION FACILITYA business enterprise engaged in the distribution of LGP, received by truck transport, and having on-site bulk storage of more than 2,000 gallons of LPG and usually having container-filling and truck-loading facilities.
LIQUEFIED PETROLEUM GAS (LPG) DISTRIBUTION POINTA business enterprise engaged in the retail sale and distribution of LPG in small portable tanks, cylinders or containers and having on-site storage facilities of 100 gallons or more. Notwithstanding the above, the incidental retail sale of LPG in small portable tanks, cylinders or containers of less than 20 pounds or as prescribed by National Fire Protection Association (NFPA) 58, Chapter 5, whichever is more restrictive, shall not be considered a liquefied petroleum gas distribution point.
LOADING SPACEAn off-street space available for the loading or unloading of goods and having direct usable access to a street.
LOCAL STREETA street that provides direct access to abutting land and access to the higher order systems, as defined by New York State.
LOTA recorded piece, plot or parcel of land or assemblage of recorded contiguous parcels of land, all in common ownership, occupied or to be occupied by principal and accessory buildings and uses and having its principal frontage on a street or on such other means of access as may be deemed, in accordance with the provisions of law, to be adequate as a condition of the issuance of a building permit for a building or buildings on such land.
LOT AREAThe total horizontal area included within the lot boundaries.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.
LOT LINE, FRONTIn the case of a lot abutting upon only one street, the lot line separating the lot from the street. In the case of a corner lot, the owner may elect any street line as the front lot line, except that where the majority of lots in any block are developed, the front lot line shall be the same as that used by such other lots. In the case of a through lot having frontage on two streets, the front yard setbacks and other requirements of this chapter applicable to front yards shall apply for both streets. For a lot with less than 70% of the minimum frontage required for the district in which it is located, the front lot line shall be deemed to be a line within the lot and which is parallel to the street and at least equal in length to the minimum frontage requirement.
LOT LINE, REARThe lot line which is generally opposite the front lot line and most distant therefrom. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at 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 wholly within the lot and farthest from the front lot line.
LOT LINE, SIDEAny lot line other than the front lot line and the rear lot line.
LOT WIDTHThe mean horizontal distance between the side lot lines, measured perpendicular to the lot depth.
LOT, CORNERA lot located at the intersection of two or more streets where the interior angle formed by the intersection of the streets is 135° or less; all corner lots are presumed to have two front yards, one primary and one secondary.
LOT, THROUGHA lot having frontage on two parallel or approximately parallel streets.
MEDICAL OFFICEA medical office is generally an office use which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, chiropractors, or any other health-care professionals when licensed by a state-sanctioned board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other health services, and not part of a residential health care facility, as defined in this Code.
MIXED USEA principally permitted use in the MX-1 and TOD-1 Districts which comprises a combination of residential and nonresidential uses, as dictated by Article
V, §§
267-19A(3) and
267-27.2.
MIXED-USE BUILDINGA single building designed and constructed for a mixture of residential and commercial, cultural, institutional or office uses, in which the ground floor shall consist of one of the permitted or specially permitted uses listed in Article
V, §
267-19A(3), and in which residential uses are located above the ground floor.
MOTOR VEHICLE BODY REPAIR SHOPAn establishment engaged in the repair of automotive tops, bodies and interiors or in automotive painting, detailing and refinishing.
MOTOR VEHICLE DEALERSHIPAn establishment primarily engaged in the retail sale of new automobiles and which may include, as an accessory use, the sale of used automobiles, parts and accessories for said automobiles, including minor service and repair work.
MOTOR VEHICLE RENTAL AGENCYEstablishments primarily engaged in the short-term rental of vehicles without drivers and including the on-site storage of such vehicles.
MOTOR VEHICLE SERVICE AND REPAIR FACILITIESAn establishment engaged in the installation, repair, and/or sale of automotive exhaust systems, front-end wheel alignment, glass, tires, electrical components, transmissions and similar types of functions.
MOTOR VEHICLE SERVICE STATIONAn establishment engaged in the retail sale of motor vehicle fuel and lubricating oils and the sale of parts, accessories and services for motor vehicles, excluding body repair.
NATURAL FEATUREAny naturally occurring tree, plant, plant community, ecosystem, body of water, or geographical or geological site or feature.
NIGHTCLUBA business enterprise which provides live or mechanical music or theatrical entertainment and permits dancing in connection with the service of food or beverage. The term "nightclub" shall include cabarets, dance halls, discotheques or other similar establishment.
NURSERY SCHOOLA social and educational program for children, operated for less than three hours per session, two to five times a week, often following a school-year schedule, and registered with the New York State Education Department.
OUTDOOR STORAGEThe keeping of or display of any inventory, goods, material(s), supplies, equipment, machinery, vehicles, pallets or merchandise, including raw, semifinished, and finished materials for any period of time, produced or used by or associated with the principal use of the property, and as an accessory to the primary use of the establishment. This includes cargo storage containers and membrane structures which are located on the premises.
OVERLAY ZONEA mapped overlay district superimposed on one or more established underlying zoning districts which may be used to impose supplemental restrictions on uses in these districts, permit uses otherwise disallowed, or implement some form of density bonus or incentive bonus program.
PARKING FACILITYAn off-street area for the parking of licensed motor vehicles on a transient basis. This does not include any motor vehicle storage areas.
PARKING SPACEAn off-street space available for the parking of one licensed motor vehicle on a transient basis and having direct usable access to a street.
PERSONAny individual or group of individuals, corporation, partnership, association or any other entity, including state and local governments and agencies.
PERSONAL INSTRUCTIONAL FACILITYAn indoor facility for the instruction and participation in individual recreational and instructional activities. Instruction may include, but is not limited to, tutoring, classes, trade/vocational training, dance, athletic training, martial arts, music, or arts/crafts. This definition does not include health clubs, which are membership facilities designed and used for body conditioning and rehabilitation.
PRIMARY STREETThe street along which the main frontage of a building is located (the frontage designated to bear the address and principal entrance to the building).
PRIVATE SCHOOLAn institution conducting a regularly scheduled academic curriculum of study similar to that of public schools and operated in accordance with the
Education Law of the State of New York.
PROFESSIONAL PERSONAn attorney admitted to practice in the State of New York; or a certified public accountant, a professional engineer, an architect, a landscape architect, a physician, a dentist, a speech pathologist, an audiologist, a chiropractor, a podiatrist, a physical therapist, an optometrist or an individual licensed to practice psychology and all others as defined and regulated in the
Education Law of the State of New York.
PUBLIC AMENITIESAreas provided and maintained by a private property owner and designated for public access, public traffic, and/or public accommodation within private or public development projects, including but not limited to public plazas, public art, public parks, urban green spaces and public parking.
PUBLIC ARTOriginal works of art open and accessible to the public and conceived in any discipline or medium, including visual, performance, literary, media and temporary works.
PUBLIC PLAZAA public square or area designed as a gathering place for the public and designated by the City Council as a privately owned open area adjacent to buildings and accessible to the public which is generally at grade with the adjoining sidewalk.
PUBLIC SCHOOLAn educational institution operated by a public school district in accordance with the
Education Law of the State of New York.
PUBLIC UTILITYAny person duly authorized to furnish to the public, under public regulation, electricity, gas, water, sewage treatment, steam, cable TV or telephone, cellular telephone or telegraph service.
RECREATION CENTERA privately owned or publicly owned building or part thereof principally used for recreational activities, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports for adults and/or children, including, but not limited to, wrestling, soccer, tennis, volleyball, racquetball, handball, bowling, skating, and/or ice skating. Such building or space may also provide other regular organized or franchised events for adults or children, such as fitness classes, dance instruction, music instruction, martial arts instruction, skateboard instruction, trampoline or gymnastics instruction, and/or other similar activities. This definition does not include health clubs, which are membership facilities designed and used for body conditioning and rehabilitation.
RECREATION OR AMUSEMENT FACILITY, INDOORA building and site designed and equipped for recreation, amusement, and leisure-time activities that are completely located inside a building, including, but not limited to, bowling, go-karting, slot-car racing, amusement devices, miniature golf, sports/batting cages, laser tag, climbing walls, trampolines, rope courses, arts and crafts activities, games of deduction (e.g., treasure hunts, escape rooms), virtual reality, and other similar activities. This use includes associated instructional classes. Retail, food, and beverage sales associated with any such uses shall be deemed an accessory use. This definition shall not include health and athletic membership clubs, firearm discharge facilities, or any uses where access is prohibited by law to one or more age groups. All such facilities shall also comply with applicable provisions of Chapter
84, Amusements.
RESIDENTIAL HEALTH CARE FACILITYResidential facilities providing rooms, supportive assistance, health care, skilled nursing care, and therapies. Commonly referred to as nursing homes, skilled nursing facilities, or green houses, these facilities are constructed, operated, and overseen pursuant to Article
28 of New York State Public Health Law, NYCRR Title
10, Section 86.2.
RESTAURANTA business enterprise primarily engaged in preparing and serving food selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises.
RESTAURANT, CARRY-OUTA business enterprise primarily engaged in the retail sale of food products for consumption off the premises but which may also include the incidental sale of ready-to-consume food and beverages from a counter-type installation for consumption on the premises where patrons usually select their orders from a posted menu and service and cleanup is generally performed by the customer, provided that the area devoted to customer seating represents less than 25% of the gross floor area of the establishment. The term carry-out restaurant shall not include bakeries, delicatessens, grocery stores or other food sales establishments not providing customer seating on the premises.
RESTAURANT, FAST-FOODA business enterprise primarily engaged in the retail sale of ready-to-consume food served in disposable containers and selected by patrons from a limited number of specialized items, such as, but not limited to, hamburgers, chicken, fish and chips, pizza, tacos and hot dogs, which are prepared according to standardized procedures for consumption either on or off the premises. The term fast-food restaurant shall include, but not be limited to, facilities where a substantial portion of the sales to the public is by stand-up service.
RETAILThe selling of goods and merchandise to the general public for personal or household use.
RETAIL DRY CLEANERSA business enterprise having facilities for the cleaning and pressing of clothing which deals directly with ultimate consumers, does not exceed 2,500 square feet of gross floor area, uses only solvents with a flash point of not less than 138.2°F and has a total aggregate dry load capacity of machines not exceeding 60 pounds.
RETAIL LAUNDRYA business enterprise with facilities for the washing of clothing which deals directly with ultimate consumers and does not exceed 2,500 square feet of gross floor area.
ROOMERAn occupant of a rooming unit. The term shall also include boarder.
ROOMING UNITA portion of a dwelling unit, including access to cooking, sanitary and sleeping facilities, which is leased for occupancy by no more than one person.
SATELLITE EARTH STATION OR DISH ANTENNAA combination of antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; a low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; a coaxial cable whose purpose is to carry the signals into the interior of the buildings.
SENIOR CITIZENIs defined as any person 55 years and older. Age eligibility requirements may vary depending upon the type of project and/or the source of funding requested.
SENIOR CITIZEN HOUSINGHousing which is designed and constructed for occupancy by at least one senior citizen per dwelling unit and which is limited in occupancy to those meeting the definition of senior citizen, age 55 years and older, unless specified otherwise in the law establishing the development's construction funding source or other applicable law or regulation and which may be constructed with federal, state, or local subsidies, or constructed with conventional funding sources.
SEXUAL ENCOUNTER ESTABLISHMENTAn establishment, other than a hotel, motel or similar establishment, offering accommodations which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in any connection with specified sexual activities. This definition shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of New York engages in sexual therapy. Sexual encounter establishments are expressly prohibited in the City of Mount Vernon because they may encourage unlawful activity to occur. (See New York State Penal Code Article 230).
SIDE STREETThe street along which the secondary frontages of a building are located.
SITE PLANA map showing the layout, arrangement and use of buildings and land, including accessory uses, structures, facilities and services and meeting the informational requirements of this chapter.
SOLAR ENERGY COLLECTORA device or combination of devices which relies upon solar radiation as an energy source and that is employed for the purpose of heating or cooling a building, the heating of water or the generation of electricity.
SPECIFIED ANATOMICAL AREASIncludes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the aureole; human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, or bestiality; masturbation, actual or simulated; or excretory functions as part or in connection with any of the activities set forth above in this definition.
STORAGE FACILITYA commercial land use consisting of the rental of individual storage units for the storage of personal property. Ancillary retail sales of related items, such as moving supplies, and facility offices may also be included. Rental of vehicles and other equipment for moving is a separate use from self-storage facility.
STORYThat portion of a building which is between one floor level and the next higher floor level or the roof. Any floor of a building used for purposes other than storage or other mechanical equipment shall be counted as a story.
STREETAn existing state, county or city highway or road, or a road on a subdivision plat approved by the Planning Board or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board and the grant to such Board of the power to approve subdivision plats, including all of the land within the right-of-way.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Included are swimming pools, parking garages, decks not attached to a building, tents, basketball, tennis and paddle tennis courts, tents, but not anything requiring only simple paving or surfacing of the ground, such as parking lots, driveways or sidewalks.
STRUCTURE, MINOR ACCESSORYA building containing less than 500 cubic feet of volume, not exceeding 15 feet in height and customarily found accessory to dwelling units, including dog houses, tree houses, playhouses, pigeon coops, storage sheds and greenhouses.
SWIMMING POOLA man-made body of water or receptacle for water having a depth of more than 24 inches and a water surface area of more than 80 square feet and constructed, installed or maintained in or above ground outside any building.
TENANCY SPACEA building or portion thereof owned or leased by a business owner to conduct such business. The term tenancy space shall be limited to space with residential use only.
THROUGH LOTA lot, other than a corner lot, that abuts more than one street or one street in more than one location.
TRANSPARENCYTransparency requirements shall apply to the percentage of linear feet of a ground-floor level street wall, between a height of two feet and 12 feet, or the height of the ground-floor ceiling, whichever is lower, as measured from the adjoining sidewalk. Transparent, or translucent, materials provided to satisfy the percent requirements shall not begin higher than two feet, six inches above the level of the adjoining sidewalk, or one foot, eight inches above the interior finished floor, whichever is higher, with the exception of transom windows, or portions of windows separated by mullions or other structural dividers, and shall have a minimum width of two feet. However, such transparency requirements shall not apply to portions of the ground-floor level occupied by entrances or exits to accessory off-street parking facilities and public parking garages, where permitted, entryways to required loading berths, where permitted, or doors accessing emergency egress stairwells and passageways.
UNDERLYING ZONINGThe original zoning designation given to a parcel(s) of land within the City prior to a Overlay Zoning or a Floating Overlay Zone superimposed on the parcel(s). Please refer to Zoning District.
USABLE OPEN SPACEUsable open space is the portion of a lot which is unoccupied by driveways, drive aisles, service drives, off-street parking spaces and/or loading berths, principal buildings, and accessory buildings. This area of usable open space shall be available and accessible to all occupants of the building for use for recreation and other leisure activities normally carried on outdoors. Usable open space can be provided in outdoor spaces such as courtyards, walkways, rooftops, balconies and terraces and garden plots. In the DTOAD mixed-use and residential buildings, indoor facilities like lounges, artists' studios, theater space, dance studios, galleries, meeting rooms, maker spaces, music rooms, community facility space, and other programmed nonliving areas may count toward open space requirements at the discretion of the Department of Planning and Community Development.
USEThe specific purpose for which property is designed, arranged, intended or for which it is or may be occupied or maintained.
VOCATIONAL SCHOOLA privately owned or publicly owned postsecondary school, other than a community college or four-year college/university institution, providing occupational or job skills in technical subjects and/or trades for specific occupations.
WAIVERPermission to depart from the requirements of this chapter with respect to the submission of required information or documents.
YARDThe open space on a lot separating the lot line from the nearest building or, where there is no building, the minimum required yard for the district in which it is located.
YARD, FRONTA yard extending across the full width of the lot and lying between the front lot line and the nearest building on the lot.
YARD, MINIMUMThe minimum yard as required in accordance with the applicable Schedule of Dimensional Regulations, which yard shall be measured from the front, side or rear lot line, whichever the case may be.
YARD, REARA yard extending across the full width of the lot and lying between the rear lot line and the nearest building on the lot.
YARD, SIDEA yard between a side lot line(s) and the nearest building on the lot, extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front and rear lot line, as the case may be.
YOUTH SERVICEA privately owned or publicly owned establishment primarily providing instruction, recreational activities, assistance, aid, and/or other guidance to youth requiring active programming, counseling, academic support, life-skills instruction, and/or job training.
ZONING DISTRICTA designation given to parcel(s) within the City to govern the use of land and bulk of buildings.