As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR BUILDINGA subordinate use or building customarily incidental to and located on the same lot occupied by the main use or building. The term "accessory building" may include a private garage, a garden shed, a children's playhouse and a private greenhouse and shall exclude any building used for the stabling of horses or other animals or the keeping of poultry.
ADULT USESA. Includes the following:
(1) ADULT BOOKSTOREAn establishment with a substantial or significant portion of its stock-in-trade consisting of books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas, as defined hereinafter.
(2) ADULT MOTION-PICTURE THEATERAn enclosed building or drive-in premises used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific anatomical areas, as defined hereinafter, for observation by patrons therein.
(3) ADULT CABARETA cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
B. For the purposes of this definition, "specified anatomical areas" include human genitals and the pubic region, buttock and female breast, if such areas are less than completely and opaquely covered.
ASSISTED-LIVING HOUSEKEEPING UNITA dwelling unit, occupied by no more than two people, with individual kitchenettes and bathrooms, accompanied by support services including the provision of at least 60 meals per month and personal-care services such as medication, supervision and assistance with the activities of daily living such as bathing, dressing, grooming, eating and ambulation.
[Added 12-1-1998 by L.L. No. 4-1998]
AUTO COURTA building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "auto court" includes buildings designed as tourist courts, motor lodges, motels and other similar appellations, but shall not be construed to include mobile or immobile trailers.
BASEMENTA story partly underground, but having at least 1/2 of its height above the average curb level of the street abutting the front of the lot or above the average finished grade level of the ground immediately adjacent to the building.
BLOCKA tract of land or a lot or group of lots bounded by streets, public parks or parkways, railroad rights-of-way, unsubdivided land or a boundary line or lines of the Village of Pelham, or any combination thereof.
BOARDINGHOUSEA private dwelling in which at least two but not more than six rooms are offered for rent, payable in money and/or other consideration, where table board is furnished to lodgers and in which no transients are accommodated and no public restaurant is maintained.
BUILDINGA structure constructed or erected on the ground, with a roof supported by columns or walls. Structures divided by unpierced masonry division walls extending from the ground through the roof shall be deemed to be separate buildings.
BUILDING, AREA OFThe horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces, inclusive, and including the area of accessory buildings if any. In the case of split-level dwellings, the first floor area shall be deemed to include floor areas on two nonoverlapping levels, separated by a half story, more or less, of height.
BULK REGULATIONSAll the provisions of this chapter which regulate the shape and size (including height and floor area) of buildings or other structures; the area of the lot and the location of buildings or other structures thereon; the number and minimum floor area of dwellings; open areas; and the interrelationship of buildings or other structures on the same lot.
CELLARA space having more than one-half (1/2) its height below the average curb level of the street abutting the front of the lot or below the average finished grade level of the ground immediately adjacent to the building. A "cellar" shall not be counted as a story.
CHILD DAY-CARE SERVICESCare for a child on a regular basis provided away from the child’s residence for less than 24 hours per day by a day-care center that possesses a valid license from the State of New York, excluding care provided in a family day-care home or group family day-care home, as those terms are defined in the Social Services Law and Part 413 of the Official Compilation of Codes, Rules and Regulations of the State of New York
[Added 3-23-2021 by L.L. No. 2-2021]
COURTA space either on the ground or above, excepting a main roof, situated on the same lot with a building and which is unoccupied and open to the sky and not a front yard, side yard or rear yard.
COURT, DEPTH OFThe greatest horizontal distance at right angles to the width.
COURT, HEIGHT OFThe greatest vertical distance measured from the lowest level of such court to the roof of the building.
COURT, OUTERA court extending to a street, front yard or rear yard.
COURT, WIDTH OFThe horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.
CRAWL SPACEA space below the first finished floor of a structure that has a floor-to-ceiling height of no more than five feet and no more than two feet of which shall be above average grade. A crawl space shall not be counted as a story.
[Added 5-6-2003 by L.L. No. 3-2003]
CURBLINEThe edge of the curb adjacent to the road. Where there is no curb, the curbline will be interpreted as the outermost edge of the road.
[Added 11-13-2007 by L.L. No. 7-2007]
CUSTOM WORK, SHOP FORA business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, not including the manufacture of ready-to-wear or standardized products.
DUMPA lot or land or part thereof used primarily for disposal, by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLINGA building arranged, intended or designed to be occupied by one family or not more than two families living independently of each other upon the premises.
DWELLING, CELLARA dwelling unit containing sleeping quarters located in a cellar.
DWELLING, REARA dwelling located on the same lot and to the rear of the main building for which the lot is used.
DWELLING, SEMIDETACHEDA building containing two dwellings, each of which is arranged, intended or designed to be occupied by one family, as defined in this section, having one wall in common and having open and unoccupied space on all sides.
DWELLING UNITThe residential quarters occupied by one family, as defined in this section.
FAMILY [Amended 10-15-1991 by L.L. No. 4-1991]The following living arrangements shall constitute a "family" for purposes of this Chapter
98:
A. A householder plus one or more persons related to the householder or to the householder's spouse by blood, marriage, legal adoption or guardianship, along with live-in servants, living together and sharing meals in a domestic relationship as a single, not-for-profit housekeeping unit sharing kitchen facilities in a dwelling;
B. A group of persons headed by a householder taking care of or responsible for the care of a reasonable number of individuals in a domestic relationship that, in theory, size, outward appearance and structure, is the functional and factual equivalent of a traditional family of related persons living together in a permanent family-like arrangement and sharing meals as a single, not-for-profit housekeeping unit sharing kitchen facilities in a dwelling; or
C. A maximum of two persons not all of whom share a relationship as described in Subsection
A or
B of this definition.
FILLING STATIONA building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "filling station" may include accessory facilities for rendering services such as lubrication, washing and minor repairs with hand tools and the sale of automobile accessories.
GARAGEA building or part thereof used for the storage or parking of one or more motor vehicles.
GARAGE, PRIVATEAn accessory garage maintained primarily for the convenience of the occupant or occupants of the main building and in which no business or other use is carried on and no service is rendered to the general public.
GARAGE, PUBLICAny garage other than a private garage. A public garage may include filling station and service station facilities.
HAZARDOUS SUBSTANCEPetroleum; or any substance designated as a "hazardous substance" under Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) and which is not a hazardous waste under Title 9 of Article 27 of the State Environmental Conservation Law; or any substance listed by the State Environmental Conservation Department which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or any substance which poses a substantial present or potential hazard to human health or the environment by reason of its flammability, volatility, explosiveness or when it is improperly stored or otherwise managed.
[Added 1-15-1985 by L.L. No. 1-1985; amended 3-5-1985 by L.L. No. 2-1985]
HAZARDOUS WASTESIncludes, but is not necessarily limited to, all materials or chemicals listed as "hazardous wastes" pursuant to Article 27 of the State Environmental Conservation Law or all toxic pollutants defined in Subdivision 19 of § 17-0105 of said law.
[Added 1-15-1985 by L.L. No. 1-1985; amended 3-5-1985 by L.L. No. 2-1985]
HEIGHT OF STRUCTURE[Amended 5-6-2003 by L.L. No. 3-2003]
A. Subject to the provisions of §
98-102, the vertical distance to the highest point of the roof of a building or structure with a flat roof, or the midpoint between the ridgeline and the eaves for a building or structure with a pitched roof, measured as follows:
(1) 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 average curb level.
(2) 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 natural grade.
(3) For a building that fronts on or is not more than five feet from two or more streets, from the average curb level of all adjoining streets.
B. Neither a cellar nor a crawl space shall be included in the calculation of the height of a structure.
C. A basement shall be included in the calculation of the height of a structure.
D. Figures A and B illustrate how height is measured.
HOME OCCUPATIONA customary personal service occupation, such as dressmaking, millinery and home cooking, provided that such occupation shall be conducted solely by members of the resident family and in the main building only, that not more than the equivalent of one-third (1/3) of the area of one floor shall be used for such purposes, that no display of advertising other than a small nameplate and no display of products made shall be visible from the street, that no stock-in-trade shall be kept and that no mechanical or electrical equipment is used except customary household equipment. Beauty parlors, barbershops and hairdressing and manicuring establishments shall not be deemed to be "home occupations."
HOME PROFESSIONAL OFFICEThe office or studio of a resident lawyer, certified public accountant, architect, engineer, musician or teacher as herein restricted, provided that not more than two persons are employed who are not members of the family and that such office shall be confined to the main building, excluding existing or future extensions thereof, and shall occupy not more than the equivalent of 15% of the total livable floor area and in no case more than 450 square feet, and further provided that such office or use of the same shall not cause any change in the outward residential appearance of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in a musical instrument, in singing or in academic or scientific subjects to a single pupil at a time. Dancing instruction, band instrument or voice instruction in groups, tea rooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, real estate and/or insurance offices, convalescent homes, mortuary establishments, the purchase or sale of economic goods on the premises and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices."
HOSPITALA building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified. A "hospital" shall be deemed to include a sanitarium, sanatorium, clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation.
HOTELA building or part thereof which has a common entrance and which contains seven or more living and sleeping rooms designed to be occupied by resident or transient individuals or groups of individuals for compensation.
INDEPENDENT-LIVING HOUSEKEEPING UNITA dwelling unit, occupied by no more than two people, with individual kitchens and bathrooms, where at least 25 meals per month plus one or more of the following services are provided to residents within the dwelling unit or in common facilities on site: laundry, security and housekeeping.
[Added 12-1-1998 by L.L. No. 4-1998]
INDOOR RECREATION FACILITYA commercial establishment designed and equipped for the conduct of sports, leisure activities and other recreational activities within an enclosed building.
[Added 7-9-2024 by L.L. No. 5-2024]
INDUSTRY, NONNUISANCEAny industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration, radiation or excessive light beyond the limits of its lot or by reason of generating excessive traffic with attendant hazards and which does not include any open storage yard or outdoor processing of materials.
JUNKYARDA lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
LODGING HOUSEA private dwelling in which at least two but not more than six rooms are offered for rent, payable in money and/or other consideration, where no table board is furnished to lodgers and in which no transients are accommodated.
LOTA parcel of land used or designed to be used by one use or structure, or by a related group of uses or structures, and the accessory uses or structures customarily incidental thereto, including such open spaces as are arranged or designed and required in connection with such structure or group of structures. A lot may be or may not be the land shown as a single lot on a duly recorded plat or other official record.
LOT AREAThe total horizontal area included within lot lines.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEThe percentage of lot area that is occupied by the area of building.
LOT, DEPTH OFThe mean distance between the middle point of the front lot line and the middle point of the rear lot line. The greater frontage of a corner lot is its depth and the lesser frontage is its width.
LOT LINEAny boundary of a lot. Any lot line not a rear lot line or a front lot line shall be deemed a side lot line.
LOT LINE, FRONTThe street line at the front of a lot. On a corner lot, the "front lot line" shall be the lesser frontage on a street.
LOT, THROUGHAn interior lot extending from one street to another.
LOT, WIDTH OFThe distance measured at any point between the sidelines of a lot measured at substantially right angles to the depth of the lot.
[Amended 3-16-2004 by L.L. No. 1-2004]
MOTOR VEHICLE BODY REPAIR AND PAINT SHOPA service station engaged in the business of repairing the body of motor vehicles (as defined in the New York Motor Vehicle Law) and/or painting motor vehicles by means of any spraying device and using more than one gallon of coatings and solvents per month.
[Added 11-20-2001 by L.L. No. 4-2001]
MULTIFAMILY HOUSEA building arranged, intended or designed to be occupied by three or more families living independently of each other as separate housekeeping units, or by two or more families above the first story so living.
NONCONFORMING STRUCTUREA structure lawfully existing on the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the bulk regulations or off-street parking and truck loading regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USEAny use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the use regulations of this chapter for the district in which it is situated.
OUTDOOR RECREATION FACILITYAn accessory use located on the same lot as an indoor recreation facility and designed and equipped for the conduct of sports, leisure activities and other recreational activities outside.
[Added 9-10-2024 by L.L. No. 8-2024]
PARKING AREAA lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
PARKING SPACEA stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
PAROCHIAL OR OTHER RELIGIOUS SCHOOLA religious nonpublic school that is: (1) located in a safe, educationally appropriate environment; (2) certified by the Pelham Union Free School District to be educationally equivalent to a public school; and (3) incorporated by Westchester County or the New York State Department of State via an affiliated religious institution.
[Added 12-14-2021 by L.L. No. 3-2021]
PRIVATE SCHOOLAn independent nonpublic school that: (1) is located in a safe, educationally appropriate environment; (2) is certified by the Pelham Union Free School District to be educationally equivalent to a public school; and (3) meets the following criteria:
[Added 12-14-2021 by L.L. No. 3-2021]
A. A not-for-profit independent nonpublic school incorporated as an educational corporation with a New York State Board of Regents Charter.
PUBLIC NOTICENotice of the time and place of a hearing, meeting or proceeding printed in the official newspaper of the Village of Pelham, New York, at least 10 days prior to the time of such hearing, meeting or proceeding, unless otherwise provided by law.
RECREATIONAL VEHICLEA vehicle towed or self propelled on its own chassis or attached to the chassis of another vehicle, that is designed or used for temporary living, recreation or sporting purposes. The term "recreational vehicle" shall include, but not be limited to, travel trailer, pickup campers, camping trailer, converted trucks and buses, boat and skimobile trailers and similar vehicles.
RESIDENTIAL FLOOR AREAThe area of all floors of the principal building on the lot of a residence, measured to the exterior of the outside walls.
[Added 1-16-2007 by L.L. No. 1-2007]
RESIDENTIAL FLOOR AREA RATIO (R-FAR)The residential floor area excluding all space in unroofed structures, such as decks and patios, unenclosed porches and porticoes, basements, cellars, basement garages, and nonliving space in attics, divided by the square footage of the property.
[Added 1-16-2007 by L.L. No. 1-2007]
RESTAURANTA business engaged primarily in the preparation and sale of food and beverages directly to the public.
[Added 6-25-2024 by L.L. No. 4-2024]
SATELLITE EARTH STATIONA dish antenna or similar device designed to receive electromagnetic or microwave signals from satellites or earth sources.
[Added 11-20-1984 by L.L. No. 9-1984]
SERVICE STATIONA building or lot, or part thereof, devoted primarily to repairs, servicing, washing or reconditioning of motor vehicles, excluding sales of gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks.
SPECIAL PERMIT USEA use in one or more districts, for which the Board of Appeals may grant a permit, pursuant to the provisions of Article
XIX.
STORYThat portion of a building included between the upper surface of any floor other than a cellar floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above.
STORY, HALFA space under a sloping roof, which has the line of intersection of the interior faces of the roof structure and main building wall not more than three feet above the top floor level and in which space the floor area with a head room of five feet or more occupies at least 60% of the total area of the story directly beneath.
STREETAny road, highway, avenue, street, parkway, lane or other way, public or private, set aside and commonly used by the public for street purposes and shown upon the Village Map or upon a field plat. The "street" shall include the entire area within the public right-of-way, including any sidewalks, curbs, gutters and planting strips.
STREET LINEThe dividing line between a lot and a street.
STRUCTUREAnything constructed or erected on or under the ground or upon another structure or building.
TOURIST HOMEA boarding- or lodging house in which rooms are rented primarily to transient automobile travelers.
TOWNHOUSESAttached or semidetached single-family dwellings that are attached along common walls and occupy the space from the ground to the roof. A townhouse does not share a common floor/ceiling with another residential unit. Townhouses have an independent exterior entrance and are owned in fee simple.
[Amended 4-18-2017 by L.L. No. 2-2017]
TRAILER CAMPA lot or part thereof, with its appurtenant facilities, used primarily for the parking of one or more trailers utilized on such lot for living or sleeping purposes.
USABLE OPEN SPACEThat area of a lot or structure, exclusive of driveways and parking areas, which is suitable for outdoor recreation and sitting areas and which is available to all occupants of the building.
VARIANCEA modification of the regulations of this chapter, granted by the Board of Appeals on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Article
XIX.
YARD, FRONTAn open unoccupied space on the same lot with a building extending across the full width of the lot between the front lot line and a line drawn parallel thereto. In the case of a through lot, each street line shall be deemed a front lot line.
YARD, REARAn open unoccupied space on the same lot with a building extending across the full width of the lot between the rear lot line and a line parallel thereto.
YARD, SIDEAn open unoccupied space on the same lot with a building bounded by the side lot line and a line drawn parallel thereto between the front yard or, where no front yard exists, the front lot line and the rear yard.