A dwelling unit located in a permitted one-family dwelling, which is subordinate to the principal one-family dwelling unit in terms of size, location and appearance and which complies with the requirements of Article VII of this chapter.

Any equipment serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, buildings and similar structures, and when co-located on a structure which is mounted or installed at the same time as an antenna.

An extension or increase in floor area or height of a building or structure.

Any change or rearrangement to a structure other than repairs; any modification in construction or in building equipment.

Any antenna used to receive and/or transmit radio signals on the amateur radio bandwidth, as designated by the Federal Communications Commission, for recreational, hobby or noncommercial use.

An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service (whether on its own or with other types of services). For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Part 15 of Title 47 of the Code of Federal Regulations.

A dwelling which is designed, intended and operated for and whose occupancy is restricted to persons 62 years of age or older and in which housekeeping and personal care services, other than medical care, are provided, in addition to food service and shelter. The term "assisted-living residence" shall not be deemed to include a boardinghouse or a nursing home.

A reference plane representing the more restrictive (lowest) average of the existing or finished ground level adjoining the building at all exterior walls. See the definition for height and the diagram in Appendix I.[1]

A story partly below grade level but having at least 1/2 its height (measured from floor to ceiling) above the average grade of the ground adjoining the buildings.

A structure or equipment at a fixed location that enables a federally licensed or authorized wireless communications between user equipment and a communications network.

A person who permanently occupies a room in a dwelling unit for sleeping purposes for which he or she pays monetary or other compensation directly or indirectly to the property owner residing therein.

Any building in which persons either individually or as families are housed or lodged for hire, with or without meals, in addition to the primary family. A rooming house, furnished rooming house and tourist home shall be deemed a boardinghouse. A dwelling unit that houses boarders or roomers pursuant to § 185-48E of this chapter shall not be deemed a boardinghouse.

Any structure specifically having a roof supported by walls, columns, piers and any structural type frame and intended for the shelter, housing or enclosure of persons, animals, chattel or space; shall include the term "accessory building."

A building whose use is related, but incidental and subordinate, to that of the primary building on the lot. Accessory buildings include but are not limited to garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents of the premises.

A story partly underground and having more than 1/2 of its height below the average grade of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

Consistent with the Nationwide Programmatic Agreement (NPA) for the co-location of wireless antennas:

A motor vehicle with commercial license plates or combination license plates used for business or commercial purposes, including any trailers and semitrailers and tractors when used in combination with trailers and semitrailers and:

An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on three or more sides by the walls of such a building.

A court enclosed on all sides by exterior walls of a building or by such walls and an interior lot line of the premises.

A court enclosed on three sides by exterior walls of a building.

That percentage of the gross lot area covered by the combined areas of all buildings on the lot, plus the areas of all decks and porches as viewed from above, excluding roof overhangs up to two feet projection and structures located wholly underground. The term shall not include the items listed under the definition for "structure," except all detached accessory buildings; generators; and structures such as pergolas, porches and trellises.

That percentage of the lot area covered by the combined areas of all buildings, structures, parking areas and impervious materials.

The officially established grade of the curb in front of the midpoint of the lot. Where no curb exists, the officially established street grade may be substituted for the curb level.

An unroofed, unclosed structure, whether attached to and projecting out from the wall or walls of a building or freestanding, the top of which is located more than 12 inches above grade level. The term "deck" shall include the term "balcony" for purposes of this chapter.

An establishment whose principal business is the retail sale of food and beverages ordered from a counter or display case where the patron selects from a variety of ingredients which are assembled on a customized basis as requested by the patron and/or are available separately for purchase by weight or quantity, which food and beverages are sold primarily for consumption off the premises. The term "delicatessen" shall not include a supermarket or grocery store.

A network of spatially separated antenna sites connected to a common source that provides wireless communications services within a geographic area or structure.

A building or portion thereof used as living quarters for a family. The term "dwelling" or "dwelling unit" shall not be deemed to include an assisted-living residence, boardinghouse, commune, convent, dormitory, fraternity, guesthouse, hotel, lodging house, mobile home, monastery, motel, nursing home, recreational vehicle, rooming house, seminary, sorority, tent, tourist home, trailer court or a building used for another similar function.

A detached building containing three or more dwelling units.

A detached building containing one dwelling unit only.

A detached building containing two dwelling units only.

A building or portion thereof providing complete housekeeping facilities for one family.

Any wireless telecommunication tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the Village of Pleasantville.

An increase in the size of an existing structure, building or use, including the physical size of a property, structure, building, parking or other improvements.

The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Where there is interior space within a building at greater than 12 feet of ceiling height, such interior space shall be counted at 1.5 times for the purposes of calculating floor area ratio (FAR). Gross aggregate floor area shall exclude:

The aggregate area of the ground floor of a dwelling unit with a ceiling height of seven feet six inches or more, excluding the area of any cellar, porch (open or enclosed) or similar part of an attachment to a dwelling.

The gross aggregate floor area, in square feet, of all buildings on a lot, divided by the gross lot area of such lot, in square feet.

The extent of a lot along a street.

The existing surface elevation of land at a given point or place before any alteration of the land is undertaken.

The natural surface of the ground or, if the existing grade is changed, the surface of the ground after completion of any regrading.

The vertical distance measured from the average grade of a building or structure measured from a distance six feet horizontally from said building or structure to the highest point of the roof for flat or mansard roofs or to the mean height between the eaves and the ridge for other types of roofs or, if a structure without a roof, then to the highest point of the structure. In addition, where "grade" is defined to be the average level of the ground adjacent to the building, the average height of the building wall facing the street shall not exceed 1.25 times the maximum height allowed in that district. The height limitations specified in each district shall not apply to:

Any tower or elevated structure used to transport more than 69 kV of electricity.

Any business, professional, artistic or educational activity conducted entirely within a dwelling and carried on by the residents thereof who are personally present during the operation of the home occupation, which activity is directed toward the generation of a fee, income or other form of consideration (whether or not such use is carried on for profit), is clearly incidental and subordinate to the use of the dwelling for residential purposes and does not change the character thereof, as further regulated by this chapter. The conducting of a boardinghouse, rooming house, tourist home or any similar use shall not be deemed a "home occupation."

An individual who resides in a dwelling unit and who either owns or rents such unit or is an agent or employee of an agency or entity that owns or rents such unit.

A parcel of land, considered as a unit, capable of being devoted to a certain use or is occupied by a building or group of buildings that are related by a common interest or use.

The total horizontal area included within the lot lines.

The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear. Such distance shall be defined by a continuous unbroken straight line measured and lying wholly within the boundaries of the lot.

A lot which is not a corner lot.

A lot that has no frontage on a street and to which access is gained by way of an easement.

A line dividing one premises from another or from a street or other public space.

In the case of a lot abutting upon only one street, the line(s) separating the lot from the street; or in the case of a lot abutting upon more than one street but not deemed a corner lot, the line(s) separating the lot from the street and generally opposite and closest to the longest side of the principal building located thereon; or in the case of a lot having no frontage and deriving access to a street by way of an easement, the lot line that is generally parallel to and nearest the street from which the lot derives access shall be deemed the "front lot line." In addition, in the case of a through lot having frontage on two streets, the front yard setback and all other requirements applicable to front yards shall apply to both streets.

The lot line(s) opposite the front lot line(s); 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. All lots shall contain a rear lot line.

The property line(s) extending from the front lot line to the rear lot line.

A lot which is not a corner lot and which has two street lines and consists of two front yards, two side yards but no required rear yard.

The distance between straight lines connecting front and rear lines at each side of a lot, measured across the required minimum front yard setback line. Such distance shall be defined by a continuous unbroken straight line measured wholly within the boundaries of the lot.

Shall have the same definition ascribed to "marihuana" in § 3302 of the New York Public Health Law.

Marijuana and/or any material, substance or other thing derived (in any manner) from marijuana or which contains marijuana as a component part in any amount or concentration.

A building, structure or premises engaged in the sale, use or distribution of marijuana and/or marijuana products for nonmedical use. A building, structure or premises shall be considered a marijuana retail store regardless of whether products in addition to marijuana products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of marijuana or marijuana products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.

Shall have the same definition ascribed to medical marihuana in § 3360 of the New York Public Health Law.

A building, structure or premises authorized by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.

Microcells are low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. A microcell facility meets both the following qualifications: each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and all other wireless equipment associated with the facility is cumulatively no more than 17 cubic feet in volume.

The improvement, upgrade or expansion of existing wireless communications facilities, or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless communications facilities.

A wireless communications support structure which consists of a single pole, designed and erected on the ground or on top of a structure, to support a wireless communications antenna and accessory equipment.

Nonionizing electromagnetic radiation.

Any vehicle used for the transportation of items, such as but not limited to boats, snowmobiles and mechanical equipment.

An existing building which contains a use permitted in the district in which it is located but which does not comply with one or more district regulations for lot area, width or depth; front, side or rear yard; maximum height or lot coverage; or off-street parking or loading area.

Use of a building, structure or land that does not conform to the permitted uses prescribed for the district in which it is situated, which use existed and was not prohibited by the Village's zoning regulations at the time the use was established.

Any wireless telecommunications facility that is not a small wireless facility as defined herein.

A designated or marked parking area for a motor vehicle. Standard-size parking spaces shall be a minimum of eight feet six inches wide and 18 feet long. Compact-car parking spaces shall be a minimum of seven feet six inches wide and 15 feet long. For purposes of demonstrating compliance with the off-street parking requirements of § 185-36 of this chapter, no more than one parking space shall be stacked behind another for each dwelling unit in a one-family or two-family dwelling, and no stacking of parking spaces shall be permitted for any other use.

A roofed structure attached to and projecting out from the wall or walls of a building and which may be open to the weather.

The office of a person and related staff engaged in an occupation in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them or otherwise serving their interest or welfare through the practice of an art founded on such knowledge. The word "professional" implies attainment in knowledge as distinguished from mere skill and the application of such knowledge to serve others. A professional license issued by the State of New York or validated membership in a state or national professional organization may be considered sufficient to establish the status of a person engaged in such occupation. A professional office may include, but shall not be limited to, the office of an accountant, architect, artist, chiropractor, consultant, craftsperson, dentist, designer, engineer, insurance broker, lawyer, musician, optometrist, physician, psychologist, real estate broker, surgeon, therapist, teacher or writer.

A line establishing the boundaries of the premises.

Persons, firms or corporations supplying gas, electricity, water, power, transportation, television, cable or telephone service to the general public, including wireless telecommunications services facilities which are regulated separately under this chapter.[2]

The area within the direct line between a satellite antenna and those orbiting communication satellites carrying available programming.

A transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck, of such size and weight as 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 nor commercial use; included as recreational vehicles, but not to the exclusion of any other types not mentioned in this section, are trailers; trailer coaches; camping trailers; motor homes; pickup (slide-in) campers; chassis mounts; converted vans; chopped vans; mini-motor homes, fifth-wheel trailers of recreational vehicle construction, design and intent (as opposed to commercial fifth-wheel trailers); boat trailers, with and without boats mounted thereon; and truck caps.

The replacement of an existing wireless communications antenna on any existing support structure or on existing accessory equipment for maintenance, repair or technological advancement with equipment composed of the same wind-loading and structural-loading that is substantially similar in size, weight, and height as the existing wireless communications antenna and which does not substantially change the physical dimensions of any existing support structure.

An establishment whose principal business is the retail sale of food in a ready-to-consume state for consumption on the premises, which foods are served by employees of the establishment to patrons seated at a table or counter. The term "restaurant" shall not include "fast-food restaurants" or the term "cabaret" as defined in Chapter 76, Cabarets and Adult Entertainment, of the Village Code.

An establishment whose principal business is the retail sale of ready-to-consume food and beverages served in disposable wrappers or 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, whether or not customer seating is provided, in a facility where a substantial portion of the sales to the public is by carry-out or stand-up service from a counter-type installation. The term "fast-food restaurant" shall not include bakeries, delicatessens or ice cream parlors, provided that such establishments do not contain more than eight seats for customer use. If more than eight seats are provided in such establishments, they shall be considered fast-food restaurants.

Any antenna used to receive or to receive and transmit television signals from orbiting communication satellites.

A kindergarten, primary or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of public school; or a day-care center or nursery school, specifically designed and used to provide care, instruction and recreation for two or more children under six years of age.

An educational institution operated by a public school district under the laws of the State of New York.

A building or group of buildings divided into separate compartments that are rented, leased or otherwise used by individuals or small businesses for storage of such items as personal property, household goods and equipment, and which may include refrigerated facilities, provided that such storage shall be consistent with the provisions of § 185-48B of this chapter.

Any structure, device, fixture or placard that uses any color, form, illumination, representation, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.

A wireless telecommunications facility, including, but not limited to, DAS and microcells, that meets each of the following conditions:

An outdoor recreational facility used for the play of basketball and racquet sports such as but not limited to tennis and platform tennis. A driveway on which a basketball hoop is erected shall not be considered a sport court.

Camouflaging methods applied to wireless telecommunications facilities which render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted facilities, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles, and the like.

That portion of a building, exclusive of cellars but inclusive of basements, which is between one floor level and the next higher floor level or the roof.

Any space directly under a roof, measured from the uppermost interior point of the roof to the top of the closest structural beams (exclusive of collar beams) next below it, where such space is less than seven feet six inches in height or where no more than 50% of such space is seven feet six inches or greater in height. Any space not meeting this definition shall be classified as a "story." Multiple half stories shall be additive in determining the total number of stories in a building.

An existing state, county or Village road or highway, a street shown upon a plat approved by the Planning Commission or a street shown on a plat duly filed and recorded in the office of the County Clerk prior to October 26, 1953.

The dividing line between a lot and a street.

An assembly of materials forming any construction, framed of component structural parts for occupancy or use. The term "structure" shall include the term "building" as well as but not limited to the following accessory structures:

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

An outdoor water pool which is not operated for gain and which is intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. For purposes of this chapter, an "outdoor water pool" is construed to mean any swimming pool, tank, depression, excavation, dike or berm which will cause the retaining of water to a greater depth than 18 inches and having a plane surface area of water greater than 100 square feet.

An uncovered flat platform of earth or other natural material with or without retaining walls but containing an unvegetated surface material, the top platform surface of which is located 12 inches or less above grade level. Any such platform that is bordered along 50% or more of its perimeter by an aboveground wall, fence or railing shall be treated as a deck, not a terrace, for the purpose of this chapter. Any such platform with a roof or awning shall be considered a porch. The term "terrace" shall include the term "patio" for the purpose of this chapter.

A dwelling unit extending from basement to roof with a party wall separating it from one or more adjoining dwelling units.

Equipment that facilitates transmission for any Federal Communications Commission ("Commission")-licensed or -authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

An unenclosed singular portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active and passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all said occupants by means of access other than stairs.

A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building.

A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function, regardless of ownership, including Village-owned poles or poles owned by other utility companies.

The storage indoors of merchandise, supplies and/or other commodities consistent with the provisions of § 185-48B of this chapter or the storage and distribution of such items by one or more commercial or business interests but not open to the public except as permitted for incidental retail sales in accordance with the provisions of § 185-23A(4) of this chapter. A warehousing use shall not be deemed to include the accessory storage area normally associated with a retail business and located on the same property as such retail business. The term "warehousing use" shall not include the term "self-service storage facility" as that term is defined in this chapter.

A place of business primarily engaged in selling merchandise to retailers and/or wholesalers for purposes of resale; to industrial, commercial, institutional and/or professional businesses for purposes of resale; and/or acting as agents or brokers and buying merchandise for or selling merchandise to such entities. Any merchandise stored in the premises where such wholesale business is conducted shall comply with the provisions of § 185-48B of this chapter. The term “wholesale business” shall not include a “wholesale price club” as that term is defined in this chapter.

An establishment that sells predominantly food and household merchandise at a discount and/or in bulk, multipack or institutional-sized quantities to customers who are required to join and may be required to pay an annual fee.

A structure, facility or location designed or intended to be used as, or used to support, antennas, along with any antennas located on such structure and any accessory equipment. It includes, without limit, freestanding towers, guyed towers, monopoles, DAS, microcell or small wireless facilities on utility poles in the public right-of-way or property of the Village or within the Village and similar structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It includes any structure, antennas and accessory equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave telecommunications or other cellular communications technologies, but excluding those used exclusively for the Village's fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.

A wireless telecommunications infrastructure provider or a wireless telecommunications services provider.

The provision of wireless telecommunications services, including those more commonly referred to as "cellular phones," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.

Any structure built for the sole or primary purpose of supporting federally licensed or authorized antennas, including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that tower but not installed as part of an antenna as defined in this section.

An unoccupied ground area fully open to the sky, on the same lot on which the building stands, which extends the entire length of the front, rear or side lot line.