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Port Chester City Zoning Code

ARTICLE 10

Definitions

§ 345-1001 Word usage.

As used in this chapter:
Tense and Number. All words used in the present tense include the future tense; all words in the plural number include the singular number and all words in the singular number include the plural number unless the natural construction of the wording indicates otherwise.
Must; Shall. The words "must" and "shall" are mandatory and may be used interchangeably.
Use. The verb "use" shall be deemed also to include "designed, intended or arranged to be used."

§ 345-1002 Capitalized terms; undefined terms.

Capitalized Terms. Certain capitalized terms used in this chapter are defined below or elsewhere in this chapter and shall be given such meanings unless the context clearly indicates or requires a different meaning.
Undefined Terms. Undefined terms used in this chapter shall have the meanings customarily assigned to them.

§ 345-1003 Defined terms.

[Amended 12-21-2020 by L.L. No. 3-2021; 3-21-2022 by L.L. No. 8-2022; 1-17-2023 by L.L. No. 1-2023; 4-3-2023 by L.L. No. 9-2023; 5-20-2024 by L.L. No. 6-2024; 1-6-2025 by L.L. No. 1-2025; 1-29-2025 by L.L. No. 3-2025; 4-7-2025 by L.L. No. 6-2025; 1-28-2026 by L.L. No. 5-2026]
For purposes of this chapter, the following terms shall have the meanings set forth below unless the context clearly indicates or requires a different meaning.
As a noun, a legal and physical means of entering premises, whether by Adjacency, Easement, or otherwise; as a verb, the act of entering premises.
A Building that shares a Lot with a Principal Building and that has a footprint that is no more than 50% of the footprint of the Principal Building. An Accessory Building may or may not have an Accessory Dwelling Unit or be occupied or devoted to one or more Accessory Uses. See Illustration 345.1003.A-1 (Accessory Building)
Illustration 345.1003.A-1
Accessory Building
A Dwelling Unit in an Owner-Occupied Building having a Floor Area not less than 800 square feet and not more than 900 square feet, which shares ownership and utility connections with a Principal Building; it may or may not be within an Accessory Building.
A Use that is customarily and clearly incidental and subordinate to a Principal Use of land or a Structure and located on the same parcel of land or Lot as such Principal Use.
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-1 (Sign Types: Specific Standards).
Having any distance of real property boundary in common with another property, or being separated from the other property boundary by a right-of-way, Alley, or Easement.
Zoning approval that the Building Inspector or designee is authorized to grant after administrative review.
Nondiscretionary evaluation of an application by the Building Inspector or designee. The process is not subject to a public hearing. The procedures for administrative review are established in § 345-405W.
A facility for adults 18 years of age or older, which offers in a group setting community-based day-care services with a program of individual and group activities and/or therapies, and which has received and maintains in full force and effect all necessary state approvals and licenses.
Any fermented liquor, such as wine, beer, or distilled spirit, which contains ethyl alcohol (ethanol) as an intoxicating agent.
An establishment engaged in the Retail sale of Alcoholic Beverages for off-premises consumption.
Premises at which Alcoholic Beverages are served, such as a Bar, Brewpub, Tavern, Restaurant with Alcoholic Beverage Service, and Tasting Room.
Generally, a vehicular way, which affords secondary access to abutting property, which may or may not be dedicated to public use; not intended for general traffic circulation. See Illustration 345.1003.A-2 (Alley). See also "Rear Alley."
Illustration 345.1003.A-2
Alley
As applied to a Structure, a change, rearrangement or modification to the overall Facade, but not its individual structural members or elements. "Alteration" does not include Ordinary Maintenance or Repair. The term "Alter," in its various modes and tenses and its participial form, refers to the making of an Alteration.
The American National Standards Institute.
A system of electrical conductors for radiating or receiving radio waves.
A Residential unit sharing a Building and a Lot with other units and/or uses; may be for rent, or for sale as a condominium.
Premises or establishment at or from which consumer appliances, such as refrigerators, ovens and ranges, and washing machines and dryers are sold at Retail and/or appliances are serviced.
The owner, lessee, contract vendee of the subject premises or other person or entity authorized to make application to an Approval Body or administrative Person pursuant to this chapter.
Has the meaning given to that term under Article 7 of the New York State Public Officers Law, and includes without limitation, the Planning Commission, the Zoning Board of Appeals, and the Board of Trustees. See also "Decisionmaking Authority."
A Private Frontage conventional for Retail/Personal Service/Artisan Use, wherein a colonnade supporting habitable space in one or more upper levels overlaps the Sidewalk, while the Facade at the first level remains at the Frontage Line. See Table 345.405.G-1 (Private Frontage Types).
Land having a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this chapter, the terms "floodplain" or "special flood hazard area (SFHA)" are synonymous in meaning with the phrase "Area of Special Flood Hazard."
Premises accommodating the creation of works of art or photography, with or without the exhibition or sale of such works.
Any Structure, premises, or establishment in or on which articles of artistic quality or effect or handmade workmanship are produced with or without Retail sales of such articles. Examples of activities that may be conducted in an Artisan Establishment are candlemaking, furniture making, glass blowing, weaving, pottery making, woodworking, sculpting, painting, and tailoring.
A New York State regulated multiple unit living facility for individuals who need help with one or more activities of daily living, including, but not limited to, eating, bathing, dressing, grooming, and getting to and using the bathroom, but who do not need the skilled medical care provided by a Long-Term Care Facility, in which housekeeping, communal meals, medication supervision, and other assistance is available. In appropriately designed facilities, an Assisted Living Facility may include accommodations for individuals with Alzheimer's, dementia, or other forms of memory impairment. For the purposes of this chapter, an Assisted Living Facility is not considered a Residential Use owing to the commercial and institutional characteristics of its design and operation.
Residential premises characterized by two or more Dwelling Units being incorporated into a single Structure or attached Structures, specifically being Independent Living Apartment, the residence portion of a Live/Work, Mixed-Use, Shop House, or Flex Building, Multifamily Dwellings, Two-Family Dwellings, and Duplex, Row House, and Multifamily Building Types.
The interior part of a Building below a pitched roof structure and does not contain habitable space, which if under 14 feet in height at its tallest point, is not a Story. See Illustration 345.1003.A-3 (Attic).
Illustration 345.1003.A-3
Attic
A facility that repairs, services and prepares automobiles for sale or resale and is affiliated with an automobile dealership and is duly licensed under the laws of the State of New York.
A thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and sometimes equipped with a landscaped median, described as such in Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards).
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-2 (Sign Types: Specific Standards).
Premises at which cakes, cookies, bread, pastries, tarts, and/or other baked goods are sold at Retail, whether or not such items are made on or off of such premises.
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-3 (Sign Types: Specific Standards).
Use or an establishment which is primarily engaged in selling and serving Alcoholic Beverages for on-premises consumption, subject to the regulatory authority of the New York State Liquor Authority.
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, without limitation:
Equipment associated with wireless communications services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration [including distributed antenna systems (DAS) and small cell networks].
Any structure other than a tower that, at the time the relevant application is filed with the Village under this section, supports or houses equipment defined as a "wireless telecommunications facility" that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
The term does not include any structure that, at the time the relevant application is filed with the Village under this chapter, does not support or house equipment defined as a "wireless telecommunications facility."
An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows:
Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 300kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 300kWh or are comprised of more than one storage battery technology in a room or enclosed area.
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter batteries utilized in consumer products are excluded from these requirements.
A Use characterized by four or more bedrooms of an owner-occupied Building or Accessory Building being offered for to paying guests for overnight Lodging, with or without breakfast.
A dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping. See Table 345.502.D (Bikeway Types).
A Thoroughfare that is suitable for the shared use of bicycles and automobiles moving at low speeds. See Table 345.502.D (Bikeway Types).
A bicycle way running independently of a vehicular Thoroughfare. See Table 345.502.D (Bikeway Types).
A Sign displaying advertising or other information intended for viewing from extended distances, having a display area greater than 50 feet.
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-4 (Sign Types: Specific Standards).
The aggregate of private Lots, Passages, and Rear Alleys, circumscribed by Thoroughfares or where applicable, circumscribed by and Thoroughfares, Civic Space, and/or water bodies. See Illustration 345.1003.B-1 (Block).
Illustration 345.1003.B-1
Block
The aggregate of all the Building Facades on one side of a Block.
A business providing pet services, including grooming, bathing, boarding, day-care, recreation, training, and incidental sales of related products, but not including the retail sale of animals.
The Zoning Board of Appeals of the Village.
The Board of Trustees of the Village.
The term referring collectively to Boat Body Shop, Maintenance, Repair, or Cleaning, Boat Dock, Boat Sales, Rental, Leasing, or Chartering, Boat Ramp, Boat Slip, Boat Slip Sales or Leasing, and Boat Storage.
A Structure, premises, or establishment in or on which watercraft are maintained, repaired, serviced, and/or cleaned, including without limitation, incidental storage for fewer than 60 days of watercraft that are being maintained, repaired, serviced, and/or cleaned. This term does not include boat building or Boat Storage.
A Structure extending into or upon a waterway or water feature, which provides access to the water for the launching and retrieving of watercraft.
A club organized to promote and/or regulate yachting and/or boating.
A storage slip for a boat in a dry stack storage facility.
An inclined area providing access to the water for the launching and retrieving of watercraft.
A Structure, premises, or establishment in, on, or from which watercraft are available for sale, rental, leasing, or chartering.
A docking space alongside a pier, wharf or mooring dolphins in which a waterborne boat may be moored. For purposes of this chapter and in the absence of an authorized quantity of Boat Slips by state or federal regulating agencies, a Boat Slip shall be a minimum length of 25 feet for side mooring and 15 feet for stern moorings.
A Structure, premises, or establishment in, on, or from which watercraft are available for sale or leasing, or chartering.
A Structure, premises, or establishment in or on which watercraft are stored. This term does not include boat building or Boat Body Shop, Maintenance, Repair or Cleaning. Boat Storage shall only be in the Third Lot Layer or in an enclosed Building or Structure.
An establishment that is primarily used for the manufacture of beer with annual production that exceeds 15,000 barrels per year. Such establishment may sell beer for on-site consumption or for off-site distribution in accordance with New York State Liquor Authority regulations, and may contain one or more accessory Tasting Rooms.
A business Use or establishment that is primarily engaged in the sale and service of food for on-premises consumption and that also brews beer for on-site consumption in accordance with New York State Liquor Authority regulations.
Any Structure other than a Parking Structure having a roof supported by columns or by walls and intended for the shelter, housing, enclosure, or storage of Persons or property.
A Plan complying with and submitted pursuant to Article 4 (Building and Lot Plans and Standards).
Any component or part of a Building.
Businesses that install, service, maintain, and/or repair Building systems, such as heating, ventilation, air conditioning, electrical, and plumbing contractors.
See "Accessory Building."
Any Building with a Certificate of Occupancy.
See "Principal Building."
Premises available for any function of a for-profit business.
A Use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college, or university.
Any nonresidential room, place, or space where food and beverages are available for consumption, that is regularly leased or hired out for functions, occasions or events, to which the general public is not invited or admitted and wherein music or entertainment may be provided.
An establishment that prepares and provides food and related services to off-premises locations.
The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
A portion of a Building having more than 1/2 of its clear floor to ceiling height below the average finished grade of the Adjoining ground. A Cellar having no exterior wall greater than four feet above adjoining ground shall not be considered a Story. See Illustration 345.1003.C-1 (Cellar).
Illustration 345.1003.C-1
Cellar
Land used or intended to be used for the burial of the dead and dedicated for purposes of containing graves, tombs, and funeral urns, including when located or operated in conjunction with and within the boundaries of the Cemetery, columbariums, crematoriums, mausoleums, and mortuaries.
A certificate issued with respect to a submission pursuant to this chapter, which certifies that such submission is complete in accordance with the applicable requirements under this chapter.
A certificate issued with respect to a submission pursuant to this chapter, which certifies that such submission complies with the applicable requirements under this chapter.
As defined in § 151-2 of Chapter 151, Building Code Administration and Enforcement, in the Village Code.
One of several areas on a Zoning Map to which certain Character District Development, Lot and Building standards are applied. See Tables 345.405.A-1 through 345.405.A-14 (District Standards).
Premises at which care, supervision, or guidance is provided for a minor child who is not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. Notwithstanding the foregoing, "Child-care Facility" does not include:
An educational facility, whether private or public, which operates solely for educational purposes in Grade 1 or above.
Kindergarten programs for five-year-olds.
Children's Day Camps.
School vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session.
Summer resident camps for children.
Bible schools normally conducted during vacation periods.
Facilities for disabled or mentally ill Persons.
Facilities owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for child-care services.
Premises at which activities are offered to school-aged children in a social setting from which the children return home in the evenings.
A not-for-profit Use dedicated to arts, culture, education or recreation, government, transit, or parking;
The category of Uses collectively referring to those Uses listed under the heading "Civic" in Table 345.405.K-1 (Building and Lot Principal Uses).
A medium- to large-sized attached or detached principal building type, which is operated by a not-for-profit organization or governmental entity dedicated to civic activities, and is designed to stand apart from its surroundings due to the specialized nature of its civic purpose. Examples include libraries, places of worship, places of assembly, courthouses, schools, centers of government, performing arts venues, and museums. Civic buildings are often the most prominently sited and architecturally significant buildings in a community, a building, uses, and purposes. See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
An area on a Zoning Map designated for Civic Building(s) and/or Civic Space(s).
An outdoor area dedicated for civic use. See Table 345.504.B-1 (Civic Space Types: Summary).
A Medical Clinic or Dental Clinic.
An educational institution that offers courses of general or specialized study leading to a degree.
The mounting or installation of wireless telecommunications antennas and related transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
The collective reference to all Uses other than Residential/Dwelling Uses, Civic Uses, or not-for-profit Uses.
A small- to medium-sized attached or detached nonresidential building type, typically designed to facilitate pedestrian-oriented retail/personal service/artisan uses and office uses. See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
Indoor facilities designed and used for active participatory athletic activities or training, including but not limited to personal strength and fitness training, gymnasiums, skating rinks, swimming pools, and tennis courts. Specifically excluded are Health Clubs, Day Spas, and Sports Venues.
A thoroughfare designed for moderate to high vehicular capacity and slow speed, traversing an urbanized area, described as such in Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards). The Public Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides, separated from the Vehicular Lanes by separate Tree wells with grates and parking on both sides. The landscaping consists of a single Tree species aligned with regular spacing where possible, which clears the storefront entrances.
A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
An area of focused community activity, usually defining the approximate center of a Pedestrian Shed. It may include without limitation one or more of the following: a Civic Space, a Civic Building, a Commercial center, or a transit station, and may act as the social center of a neighborhood.
A planted Frontage wherein the Facade is set back substantially from the Frontage Line, and the Front Yard so created remains unfenced and is visually continuous with Adjacent yards, supporting a common landscape. See Table 345.405.G-1 (Private Frontage Types).
An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including without limitation, Radio, Television Recording Studio or Station, news syndicates, video or audio studio, telecommunication service center, and telegraph service center, but excluding major utility facilities.
Equipment used for communication, transmission, or reception by commercial, governmental, or other public or quasi-public users, including without limitation cellular towers. This does not include communication equipment for amateur radio operators licensed by the Federal Communications Commission that are exempt from local zoning restrictions.
A tower of any size that supports Communications Equipment, transmission or reception by commercial, governmental, or other public or quasi-public users. This does not include communication towers for amateur radio operators licensed by the Federal Communications Commission that are exempt from local zoning restrictions or communications towers under 100 feet in height used solely for educational communications purposes.
A private or public civic space type for the cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family, described as such in Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards).
Premises that accommodate conferences, exhibitions, meetings, seminars, training sessions, and other similar gatherings.
With respect to a Building, its form, including its massing, Private Frontage, and Height. See Illustration 345.1003.C-2 (Configuration).
Illustration 345.1003.C-2
Configuration
An establishment engaged in any business involving activities generally referred to general contracting, construction trades, building, or Development.
The sale of building materials at wholesale without Outdoor Storage.
An establishment primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, newspapers, and limited household supplies, to customers who generally purchase only a few items. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles.
A Lot of which at least two Adjacent sides abut Thoroughfares, Pedestrianways, or public places. See Illustration 345.1001.C-3 (Corner Lot).
Illustration 345.1003.C-3
Corner Lot
A linear geographic system incorporating a Thoroughfare, Greenway, or Open Space.
Incidental repair and refinishing of a vehicle, limited to plastic and trim parts, including bumpers, moldings, mirrors, headlight lenses, and the restoration of alloy wheels. Vehicle side panels may also be refinished when a bumper scrape carries onto a fender. Cosmetic Reconditioning shall not include painting of a complete vehicle, or use of traditional collision repair equipment, such as a frame machine, weld, or unibody straightening machine.
A small building designed as a single-family detached residential dwelling, situated on a small lot with an edgeyard, often shared with an accessory building in the rear. See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
An establishment providing counseling, guidance, or similar services to persons requiring rehabilitative or vocational assistance. This term includes job training and placement services.
A Building in which courts of law are held.
Premises from which Persons who have experienced a traumatic event are provided short-term counseling to assist in coping with the event.
A minimum ten-foot-wide pedestrian access reserved between Buildings.
The edge of the vehicular pavement that may be either raised or flush with a swale to the extent allowed by this chapter. It usually incorporates or is associated with the drainage system. See Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards).
The radius of the curb at an intersection. See Illustration 345.1003.C-4 (Curb Radius).
Illustration 345.1003.C-4
Curb Radius
A nightclub, bar, juice bar, restaurant, bottle club or similar commercial establishment with an occupancy greater than 25 people, regardless of whether alcoholic beverages are served, which regularly devotes 25% or more of its total floor area to dance floors, live performance areas and/or disc jockey areas, and which is not an adult cabaret as defined in the Village Code. The term "cabaret" shall include establishments customarily called "discotheques."
Establishments primarily involved in the compiling, storage, and maintenance of documents, records, and other types of information in digital form utilizing a main frame computer.
Premises or establishment at which services for the purpose of improving health, beauty, and relaxation are provided through personal care treatments, such as massages and facials, and no overnight accommodation is provided.
The Approval Body or Village staff that has jurisdiction or authorization to take action on an application, proposal, plan, request, or petition pursuant to this chapter.
An uncovered horizontal, platform-like Structure similar to a floor, which is constructed outdoors of wood, composite wood, or vinyl material, is capable of supporting weight, and may be connected or unconnected to a Building.
A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:
The building's only use is battery energy storage, energy generation, and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.
Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following:
The areas do not occupy more than 10% of the building area of the story in which they are located.
A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
Premises or establishment at which products to assist in the provision of oral health care by a licensed dentist are made, such as crowns, bridges, dentures, dental implants, and therapeutic and orthodontic devices.
An Office or other premises for the private practice of dental care professionals licensed by the State of New York, wherein a majority of patient encounters involve dental examination, diagnosis, treatment, surgical procedures, preventive care, restorative care, cosmetic care, and/or emergency care on an outpatient basis.
Commencing, making or planning for man-made changes to land, Buildings, Structures, or other real property, and the resulting changes to such land, Buildings, Structures, or other real property, whether through development, redevelopment, clearing, excavation, grading, construction, reconstruction, Alteration, demolition, modification, subdivision, or resubdivision, and whether such changes are horizontal, vertical, or subterranean. Ordinary Maintenance or Repair does not constitute Development.
A parcel of land that is not within the CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU, or SD-PRD Character Districts:
Which, either alone or together with one or more other parcels under a common Development scheme, program or plan, is five or more gross acres; or
With respect to a Development of which any new Thoroughfare or extension or change of the design of any existing Thoroughfare is required or will be made or proposed; or
With respect to any District assignment or Thoroughfare alignment proposed to be made or changed by a Zoning Map Change encompassing five or more acres other than one prepared by or on behalf of the Village.
A plan complying with and submitted pursuant to Article 5 (Development Parcel Plans and Standards).
The Sign Type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-5 (Sign Types: Specific Standards).
An establishment which is primarily used for the manufacture of alcoholic spirits with annual production that exceeds 10,000 gallons per year. Such establishment may sell spirits for on-site consumption or off-site distribution in accordance with New York State Liquor Authority regulations, and may contain one or more accessory Tasting Rooms.
The movement of goods, including the storage of goods awaiting movement.
Premises used for Distribution.
A Character District or a Special District; when capitalized and not accompanied by the word "Historic," the word "District" specifically excludes any Local Historic Districts. See also "Zoning District."
A Private Frontage Type intended for ground floor Residential Use, wherein the Facade of the Building is set back a small distance and the Frontage Line is defined by a low Wall, decorative Fence or hedge, creating a small raised, sunken, or at-grade Dooryard consisting of a front garden or patio. The Dooryard shall not be used for public circulation along a Thoroughfare. See Table 345.405.G-1 (Private Frontage Types).
A thoroughfare along the boundary between an urbanized and a natural condition, usually along a waterfront, natural area, green, or promontory, with one side having the urban character of a street, with sidewalk and buildings and the other having the qualities of a road or parkway with naturalistic planting and rural details. See Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards).
Any establishment designed or used for the transaction of business wherein the patrons may avail themselves of the services or products of such establishment while remaining in their vehicles, whether or not patrons are also able to obtain services or products inside of a Structure.
A vehicular accessway from a Thoroughfare within a Lot to provide access only to a Parking Area, Parking Lot, Garage, Parking Structure, or Building entrance, but not designed to provide space for vehicular parking or to have excess capacity that would encourage its use for parking.
A Personal Services establishment at which clothing articles are left by a customer for dry cleaning or laundering off-site and then returned to the customer.
A small- to medium-sized building, other than a manufactured housing unit, which is attached to another building of the same type, each of which consists of a separate dwelling unit with a separate entrance. Both of the units, side-by-side, front-to-back, or over-and-under, are contained within a single building massing. This building type sits on a small- to medium-sized lot that may be shared with an accessory building in the rear. See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). Synonymous with "Two-Family Dwelling."
See "Multifamily Dwelling."
A single-, one-, or 1-Family detached Building containing one Dwelling Unit only.
See "Duplex."
A Building or portion thereof designed or used exclusively as Residential quarters for one or more Families living independently of each other, which includes separate complete sleeping, cooking, eating, and sanitation facilities for each such Family. The term shall not be deemed to include "Hotel," "Motel," "Rooming House," or "Tourist Home."
A privilege or right of use, access or enjoyment granted on, above, under or across a particular tract of land by the landowner to another person, not including a lease.
A Yard type that results from a Building being set back from its Lot boundaries at the front, rear, and both sides.
The collective reference to a Use category characterized by the process of receiving or giving instruction. Examples include without limitation Child-Care Facility, Child-Care in Home, Children's Day Camp, Family Day Care, Kindergarten, Personal Improvement Education, and School. See Table 345.405.K-1 (Building and Lot Principal Use).
The measurement of the inside Turning Radius taking parked cars into account.
A panel or screen with the capability to display electronically programmed variable messages.
A public, private or parochial school offering instruction between Kindergarten and Grade 5 in the branches of learning and study required to be taught in the public schools of New York.
As related to the exterior walls of a Building, one that is not along a Frontage Line; when not capitalized, "elevation" means the height above a given level or a drawing or design that represents an object or Structure as being projected geometrically on a vertical plane parallel to one of its sides, as the context indicates. See also "Facade." See Illustration 345.405.G-2 (Frontage and Lot Lines) and Illustration 345.1003.E-1 (Elevation).
Illustration 345.1003.E-1
Elevation
Any request for modification of an existing tower or base station that is not a substantial change to the physical dimensions of such tower or base station involving:
Collocation of new transmission equipment; or
Removal of transmission equipment; or
Replacement of transmission equipment.
To break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit.
Any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit.
The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.
To place an element along a Frontage, as in "porches Enfront the Thoroughfare."
A large building designed as a single-family detached residential dwelling, situated on a large lot with an edgeyard, often shared with an accessory building in the rear. See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
A Sign listed in § 345-701J that does not require a Sign Permit.
A constructed tower or base station is existing for purposes of this chapter if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this chapter.
All Village laws, codes, and ordinances in effect on the Effective Date of this chapter.
The exterior Wall of a Building that is set along a Frontage Line. See also "Elevation" as related to a Building. See Illustration 345.1003.F-1 (Facade).
Illustration 345.1003.F-1
Facade
The area of a Facade not comprised of walls, including windows, doors and other openings in the wall. Facade Void Area is measured from the edge of wall, and therefore typically includes the door or window but not the frame. See Illustration 345.1003.F-2 (Facade Void Areas).
Illustration 345.1003.F-2
Facade Void Areas
One of the following:
Up to three persons occupying a dwelling unit; or
Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage, legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family.
In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
The occupants must share the entire dwelling unit, including cooking facilities, and live as a single housekeeping unit. A dwelling unit in which various occupants maintain separate and locked sleeping facilities in which such occupants' separate personal property are contained therein may not be deemed to be occupied by the functional equivalent of a traditional family;
The group is not transient or temporary in nature. Evidence of not being transient or temporary in nature may include but not be limited to proof that members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration, and filing of income taxes and/or other documentation of domicile; and
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
A private, Single-Family Dwelling in which at least one minor child, but fewer than seven minor children, are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult resident of the Dwelling by blood, marriage, or adoption.
An open air area, with or without a Structure, used for the Retail sale of fresh fruits, vegetables, nuts, grains, eggs, flowers, herbs, or plants. A Roadside Stand is not a Farmers' Market.
The Federal Communications Commission.
As a Private Frontage Type, a Frontage wherein the Facade is set back from the Frontage Line, and the Front Yard so created is separated from the Public Frontage by a Fence. See Table 345.405.G-1 (Private Frontage Types);
As a Structure, a device erected to serve as an architectural element, landscape element, Screen, Streetscreen, or physical barrier.
A business characterized by the provision of financial, investment, banking and/or similar services, excluding Pawnshops and Short-Term Lenders.
The elevation of the completed surfaces of lawns, walks and Thoroughfares Adjoining a Building wall at that point along such wall. See Illustration 345.1003.F-3 (Finished Grade).
Illustration 345.1003.F-3
Finished Grade
The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
Premises accommodating operations of firefighting and emergency medical personnel and other members of staff.
See "Lot Layer."
A large footprint principal building type designed to accommodate either a single use or a vertical or horizontal mix of uses. See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
See "Area of Special Flood Hazard."
The area of all enclosed floors computed from the horizontal dimensions of the outside walls of the Building, excluding unfinished Attics, Cellars, utility areas, porches, patios, breezeways, Parking Areas, Parking Lots, Garages, Parking Structures, carports, and attached Accessory Buildings.
The figure obtained by dividing (a) the aggregate Floor Area of the several floors and mezzanine areas of all Buildings on a Lot by (b) the Lot Area.
Aggregate Floor Area
=
Floor Area Ratio
Lot Area
Premises operated for Civic Purposes, with or without a Structure, from which edible goods are distributed to the public, with or without compensation.
Use characterized by processing and packaging of edible goods and beverages for consumption off of the premises, including Bakeries.
A Private Frontage Type wherein a portion of the Facade is close to the Frontage Line and the central portion is set back, creating a gathering space for residents or additional shopping or restaurant seating area within Retail/Personal Service/Artisan Use areas. This type should be used sparingly and may be used in conjunction with other Frontage types. See Table 345.405.G-1 (Private Frontage Types).
The number of sinusoidal cycles made by electromagnetic radiation in one second; usually expressed in units of hertz (Hz).
The boundary at the front of a Lot along the Thoroughfare right-of-way. See Illustration 345.1003.F-5 (Frontages and Lot Lines).
Illustration 345.1003.F-5
Frontages and Lot Lines
A Yard that is situated between (a) the nearest roofed portion of the Principal Building or of any Accessory Building on the Lot and (b) the Front Lot Line, extending the full width of the Lot, from Side Lot Line to Side Lot Line. See Illustration 345.1003.F-6 (Front Yard).
Illustration 345.1003.F-6
Front Yard
The area between a Building Facade and a Path, Passage, water body, Civic Space, or the curb (or if there is no curb, the edge) of the Vehicular Lanes of a Thoroughfare having Vehicular Lanes, inclusive of the built and planted components of such area. Frontage is divided into Private Frontage and Public Frontage. See Illustration 345.405.G-2 (Frontages and Lot Lines), Table 345.502.B-2 (Thoroughfare Assemblies and Standards), and Table 345.405.G-1 (Private Frontage Types). Corner Lots have two Frontages, a Principal Frontage and a Secondary Frontage. See Illustration 345.1003.F-4 (Principal Frontage and Secondary Frontage).
Illustration 345.1003.F-4
Principal Frontage and Secondary Frontage
The common line that separates the Private Frontage from the Public Frontage, typically at the Front Lot Line in cases where the entire Public Frontage is within the public right-of-way. See Illustration 345.405.G-2 (Frontages and Lot Lines). On a Corner Lot, there are two Frontage Lines.
With respect to a Nonconforming Structure or a Structure used for a Nonconforming Use, the Full Value of a Structure shall be determined by subtracting (a) the estimated value of the foundation as provided by the owner's engineer or a licensed appraiser or from the current assessed value of the Structure from (b) the current assessed value of the Structure.
Current Assessed Value of Structure
-
Estimated Value of Foundation
=
Full Value
A Use characterized by an establishment engaged in undertaking services, such as preparing the human or animal dead for burial and arranging and managing funerals, including without limitation, Funeral Home, Mortuary, Cemetery, and Crematorium.
With respect to the Frontage, the Private Frontage Type conventional for Retail/Personal Service/Artisan Use, wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk [See Table 345.405.G-1 (Private Frontage Types).];
With respect to the Use of premises or part thereof, the collection and/or exhibition, and often the sale, of works of art, photography, objects of permanent value, or artisan or cultural items.
An enclosed, detached Building, or an enclosed extension of a Principal Building, used for the storage of one or more motor vehicles on a Lot as an Accessory Use, provided that no business, occupation or service is conducted for profit therein.
Any area of land, including Structures thereon or part thereof, that is used for the Retail sale of motor vehicle fuels or other motor vehicle accessories and which may include auxiliary facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof or body repair work.
Federal, state, county or city offices, administrative, clerical or public contact services, together with incidental storage and maintenance of necessary vehicles.
See "Finished Grade."
A type of civic space for unstructured recreation, spatially defined by landscaping rather than buildings, described as such in Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards).
A building roof that is engineered to be covered with low-maintenance growing plants that: insulate in winter, cool the building in summer, reduce solar absorption, reduce precipitation runoff from roof surfaces, and improve interior heating, ventilating and air conditioning (HVAC) efficiency.
Premises that contain one or more of the following types of athletic facilities: swimming pool, racquetball courts, squash courts, exercise rooms, weight rooms, gymnasium or similar facilities available exclusively to members and their guests.
A Use category that involves the mechanical or chemical transformation of materials or substance into new products that generates outside of the property any noise, odor, vibration or dust. Examples may include, but are not limited to:
Fabrication, manufacturing or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items.
Food processing and related products; and lumber, pulp and paper mills.
Storage or use of highly flammable, toxic matter or explosive materials, or of hazardous materials.
Generation of pollution, dust, odor, heat, glare, or vibration beyond the walls of such enclosed Building or any light or glare beyond the boundaries of the land on which the Building is situated.
Any activity or Use for which any water, air, or other environmental or pollution license or permit is required.
Concrete batch plants.
Concrete, tile, or brick manufacturing.
Automobile, truck, or tire manufacturing or assembly.
Ammonia or chlorine manufacturing.
Metal casting or foundries.
Gas manufacturing.
Grain milling or processing.
Metal or metal ore production, refining, smelting, or alloying.
Petroleum or petroleum product storage or refining.
Boat, pool, or spa manufacturing.
Keeping, selling, or slaughtering of animals.
Glass manufacturing.
Paper manufacturing.
Manufacturing of materials into compost.
Gravel, sand, stone, coal, gas, oil, or mineral, mining or processing.
Rail equipment storage/repair;.
Wood or lumber processing.
The vertical dimension of a Structure, described in number of Stories of the Structure, and/or feet excluding:
Parapets under 42 inches in height; and
Masts, belfries, clock towers, chimneys, chimney flues, silos, water tanks, or elevator bulkheads.
See Illustration 345.1003.H-1 (Height-Building).
Illustration 345.1003.H-1
Height - Building
Premises at which education is provided for students from Grade 9 through Grade 12.
A rural or suburban thoroughfare of high vehicular speed and capacity, described as such in Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards).
Any gainful occupation conducted entirely within a Dwelling solely by the owner- or tenant-residents thereof as an Accessory Use, which does not change the character of the Structure as a residence, provided that (a) said activity shall not occupy more than 1/2 of the Floor Area of the Dwelling, (b) there shall be no external evidence other than an Identification Sign, (c) no goods shall be kept, and (d) no mechanical or electrical equipment shall be used except customary household equipment; and provided further that "Home Occupation" shall not be construed to include the following Uses: Clinic, Hospital, Home Professional Office, barbershop, beauty shop, Restaurant, Kennel, antique dealer, Retail sales on the premises, or loading of ammunition.
The accessory Use of Residential premises as the Office or studio of an owner- or tenant-resident physician, surgeon, dentist, lawyer, architect, engineer, real estate broker or salesman, insurance broker or agent, accountant, teacher, or other Person licensed by the State of New York to practice such profession, or a who gives individual instruction in academic or scientific subjects to a single pupil at a time; provided that:
No more than two persons are employed who are not members of the Family;
Such Office shall be in the Principal Building and shall not occupy more than 1/2 of the Floor Area of said Building;
A Home Professional Office shall not include:
A biological or other medical testing laboratory; or
The purchase or sale of goods.
Home Professional Office" shall not include Hair/Skin/Nail Personal Services, a Long-Term Care Facility, or Funeral Services.
Landscaping, tree, plant, lawn, and/or other landscape material installation, care, maintenance, and removal, and other similar services, together with associated equipment and machinery directed toward the care of trees, plants, or lawns.
The provision of palliative care and emotional support to the terminally ill so that quality of life is maintained and family members may be active participants in care.
Premises used for the diagnosis, medical treatment, or similar care of human ailments including without limitation: the term "Hospital" shall be deemed to include:
Psychiatric and substance abuse facilities, ambulatory care, outpatient services, diagnostic and treatment centers, Clinics, Rehabilitation Facilities, Medical Laboratories, teaching facilities, and meeting areas associated with and on the same premises as the Hospital; and
Accessory Uses such as dining and housing for patients' Families and guests, staff members, nurses, interns, resident physicians and their immediate families, and maintenance, service and parking facilities.
The term "Hospital" shall not be deemed to include:
Offices of doctors, dentists, chiropractors, or nurse practitioners, sanitariums, Nursing Homes, Long-Term Care Facilities, Rehabilitation Facilities, psychiatric and substance abuse facilities, ambulatory care, outpatient services, diagnostic and treatment centers, Clinics, Rehabilitation Facilities, Medical Laboratories, Hospices, teaching facilities, or meeting areas not associated with and on the same premises as the Hospital; or
Accessory Uses, such as dining and housing for patients' families and guests, staff members, nurses, interns, resident physicians and their immediate families, and maintenance, service and parking facilities not on the same premises and associated with the Hospital.
An establishment that provides inexpensive food and lodging for a specific group of people, such as students, workers, or travelers.
A business that offers to Transients, on a daily or weekly basis for compensation, sleeping accommodations accessible from interior hallways, whether or not such business also includes dining facilities.
A principal building type that was designed as a single-family detached dwelling on a medium or large lot with an edgeyard, often shared with an accessory building in the rear, described as such in Table 345.405.J-1 (Principal Building Types) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
A sign that directs attention to a business, profession, or multifamily building conducted upon the same lot where such sign is located described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-6 (Sign Types: Specific Standards).
That portion of a Lot covered with a roof, Structure, Building, and/or paved areas that prevent or restrict absorption of rain or surface water directly into the ground.
A facility that provides temporary outdoor storage for: 1) mechanically operable/drivable, licensed vehicles that are to be claimed by titleholders or their agents; and/or 2) wrecked motor vehicles awaiting insurance adjustments and transport to repair shops. This term excludes: Scrap and Salvage Yards/Services; Junkyard; Towing Facilities; Motor Vehicle Storage; or accessory storage of inoperable vehicles.
Any man-made change of land or a Lot, or change or creation of a Structure.
A multiple Dwelling Unit accommodation that provides Residential quarters for Persons over a specified age who do not require skilled nursing care, health care, or assistance with daily activities, such as assistance with eating, dressing, ambulation, medication, bathing, or toileting.
Enterprises and organizations whose purpose is to produce and process information and to develop the infrastructure and delivery mechanisms to distribute information.
An owner-occupied Lodging Use, offering 6 to 12 bedrooms, which may serve breakfast to guests. See Table 345.405.K-1 (Building and Lot Principal Uses).
A Lot other than a Corner Lot. See Illustration 345.1003.I-1 (Interior Lot).
Illustration 345.1003.I-1
Interior Lot
Any Sign, except address numbers, which is affixed to or painted on the interior of a window or glass, or any Sign located within three feet of the inside face of the window or door and is visible from the exterior of the window or door.
Surface shaping of an Alley or Thoroughfare having the low point in the middle, causing surface runoff to flow down the center of the roadway.
Any land or Structure or part thereof used for the collection, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition or for the sale of the parts thereof.
Any Structure or premises in which four or more dogs, cats and/or other household pets are kept for any period of time and for whatever purpose, including boarding, day care, or breeding; excluding, however, any Structure or premises in which such animals are kept for adoption or Retail sale.
Premises accommodating a program that prepares children for first grade.
Live materials such as grass, ground cover, shrubs, vines, hedges and trees, or durable natural material such as crushed stone, wood chips, rock and weathered wood; or
The activity of installing or maintaining such materials.
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-6 (Sign Types: Specific Standards).
An establishment with machines for the washing and drying of clothes, garments, and the like in a self-contained fashion, on-site.
See "Lot Layer."
A Building or part thereof containing collections of books, periodicals, and/or other media for Persons to read, borrow, or refer to.
The use category collectively referring to the transformation of predominantly previously prepared materials into new products, including but not limited to:
Production or repair of small machines or electronic parts and equipment;
Woodworking Shop;
Publishing;
Computer design and development;
Research Laboratory;
Apparel production;
Sign making;
Contractor Material Sales;
Horticulture and Landscaping Services;
Food Processing; and
Manufacturing of jewelry, clothing, trimming decorations and any similar item.
A private frontage type that is a below-grade entrance or recess designed to allow light into basements or cellars. See Table 345.405.G-1 (Private Frontage Type: Summary).
A Pedestrian Shed that is elongated along an important Corridor. A Linear Pedestrian Shed extends approximately 1/4 mile from each side of the Corridor. The resulting area is oblong. See Illustration 345.1003.L-1 (Linear Pedestrian Shed).
Illustration 345.1003.L-1
Linear Pedestrian Shed
A Building that is a least 20 feet deep measured from the Facade and masks a Parking Lot or a Parking Structure from the Frontage. See Illustration 345.1003.L-2 (Liner Building).
Illustration 345.1003.L-2
Liner Building
A small- to medium-sized attached or detached principal building type, which includes a flexible space for commercial use and an internally connected residential dwelling unit above and/or behind the flexible space. See Table 345.405.J-1 (Principal Building Types) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
An off-street area on the same Lot with a Building, used for temporary parking of Commercial or Residential vehicles while loading or unloading goods. See Illustration 345.1003.L-3 (Loading Area).
Illustration 345.1003.L-3
Loading Area
A space within a Loading Area that meets the design and dimensional requirements of § 345-405P(1).
A Use category characterized by premises available for daily or weekly renting of bedrooms, without limitation, a Bed-and-Breakfast, Inn, Hostel, Hotel, Motel, Rooming House, and Tourist Home. See Table 345.405.K-1 (Building and Lot Principal Uses).
Premises at which living accommodations, bed care, boarding, in-patient service and/or nursing or other medical care are provided for aged, infirm, disabled persons, persons or who are afflicted with or convalescing from any disease or ailment, or other persons requiring regular medical attention. "Long-Term Care Facility" does not include Rehabilitation Centers, Assisted Living Facilities, or facilities that provide surgical or emergency medical services, care for alcoholism, drug addiction, substance abuse, mental disease other than dementia, or communicable disease.
A parcel or plot of land identified on and established by plat, subdivision, or as otherwise permitted by law, and recorded in the official records of the Clerk of Westchester County, to be separately owned, used, Developed, or built on. See Illustration 345.1003.L-4 (Lot).
Illustration 345.1003.L-4
Lot
The total horizontal area included within the Lot Lines.
The shortest horizontal distance between the Front Lot Line and Rear Lot Line of a Lot.
A range of depth of a Lot within which certain elements are permitted. There are three Lot Layers within each Lot, as follows:
First Lot Layer: that portion of a Lot bounded by:
The Side Lot Lines;
The Frontage Line; and
The front Setback line.
Second Lot Layer: that portion of a Lot bounded by:
The Side Lot Lines;
The front Setback line; and
A line which is 20 feet from and parallel to the front Setback line.
Third Lot Layer: that portion of a Lot bounded by:
The Side Lot Lines;
The Rear Lot Line; and
The line of the Second Lot Layer as described in Subsection A(2)(c) above.
See Illustration 345.1003.L-5 (Lot Layers).
Illustration 345.1003.L-5
Lot Layers
Any boundary that legally demarcates a Lot. See Illustration 345.1003.L-6 (Lot Line).
Illustration 345.1003.L-6
Lot Line
See "Front Lot Line."
See "Rear Lot Line."
See "Side Lot Line."
The length of the Principal Frontage Line of a Lot.
See "Corner Lot."
See "Interior Lot."
Premises at which mechanical items are made or repaired using machinery or equipment.
With respect to the Massing of a Building, the principal portion of such Building, excluding any wing.
The primary outdoor gathering place within a Development Parcel. The Main Civic Space may be associated with an important Civic Building.
Any Trailer designed to be used for living purposes with its wheels, roller or skids in place.
Any of the following:
Lock harbor facility;
Any facility which provides fueling, pump-out, maintenance or repair services; or
Any facility which has permanent docking space for three or more Boat Slips;
Any water area with a Structure that is used for docking or otherwise mooring Vessels and constructed to provide temporary or permanent docking space for more than 10 Vessels; or
A dry stack facility.
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-7 (Sign Types: Specific Standards).
An establishment at which manual manipulation of muscle, connective tissue, tendons, and/or ligaments is provided to enhance a Person's health and well-being.
The overall shape or arrangement of the bulk or volume of a Building.
A facility where testing or observation of clinical specimens from which information about the health of a patient can be obtained in order to provide diagnosis, treatment, and/or prevention of disease.
An Office or other premises for the private practice of health care professionals licensed by the State of New York, wherein a majority of patient encounters involve examination, diagnosis, treatment, or surgical procedures on an outpatient basis not extending beyond a twenty-four-hour period.
A Building that provides accommodations as a Place of Assembly.
Premises from which counseling or support services are provided to Persons who are experiencing an emotional disturbance or behavioral distress, considering harm to self or others, disorientation or out of touch with reality, have a compromised ability to function, or are otherwise agitated and unable to be calmed.
An establishment which is primarily used for the manufacture of craft beer with annual production limited to 15,000 barrels per year. Such establishment may sell beer for on-site consumption or for off-site distribution in accordance with New York State Liquor Authority regulations.
An establishment which is primarily used for the manufacture of craft alcoholic spirits with annual production limited to 10,000 gallons per year. Such establishment may sell spirits for on-site consumption or for off-site distribution in accordance with New York State Liquor Authority regulations.
An establishment which is primarily used for the manufacture of craft vinous beverages with annual production limited to 2,000 cases per year. Such establishment may sell wine for on-site consumption or for off-site distribution in accordance with New York Liquor Authority regulations.
An attached or detached principal building type of between four and six stories, which may provide a vertical and/or horizontal mix of uses, typically designed to facilitate pedestrian-oriented retail/personal service/artisan, lodging, or office uses on the ground floor, with upper floors typically designed for residential or office uses. See Table 345.405.J-1 (Principal Building Types) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
Premises at which education is provided for children from Grade 6 through Grade 8.
Multiple Uses within the same Building or on the same Lot through superimposition or Adjacency, or in multiple Buildings or on multiple Lots by Adjacency or proximity.
A typically attached principal building type, which provides a vertical and/or horizontal mix of uses typically designed to facilitate pedestrian-oriented retail/personal service/artisan, lodging, or office uses on the ground floor, with upper floors typically designed for residential or office uses. See Table 345.405.J-1 (Principal Building Types) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-8 (Sign Types: Specific Standards).
An establishment where short-term Lodging in guest rooms is offered for compensation and one or more rooms are accessed by exterior doors opening directly to exterior Parking Areas, passageways, or the outdoors.
Every vehicle that is self-propelled, which can be licensed and registered to be driven on public streets, roads or rights-of-ways, and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, including without limitation, Recreational Vehicles. This term does not include Boats or other watercraft.
The term collectively referring to Motor Vehicle Body Shop, Maintenance, Repair, Service, or Cleaning, Motor Vehicle Parts Sales, Motor Vehicle Sales, Rental, or Leasing, and Motor Vehicle Storage. See Table 345.405.K-1 (Building and Lot Principal Uses).
Premises or a portion of premises used for the adjustment, painting, replacement of parts, or body repair of motor vehicles.
A Structure, premises, or establishment in or on which Motor Vehicles are maintained, repaired, serviced, and/or cleaned, including without limitation, incidental storage for fewer than 60 days of Motor Vehicles that are being maintained, repaired, serviced, and/or cleaned. This term does not include parking, Motor Vehicle Storage, or Motor Vehicle Body Shop.
A Structure, premises, or establishment in or on which Motor Vehicle parts other than tires are sold, either at Retail or Wholesale.
A Structure, premises, or establishment in or on which Motor Vehicles are sold, rented, leased, or chartered, including incidental storage, maintenance, and servicing as an Accessory Use.
Long- or short-term storage of operating Motor Vehicles. This term excludes Impound Yards, Towing Facilities, and any dismantling, Scrap and Salvage Yards/Service, or Junkyards.
A principal building type that incorporates three or more side-by-side and/or horizontally stacked dwelling units, typically with one or more shared entries. See Table 345.405.J-1 (Principal Building Types) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
A Building containing three or more Dwelling Units, including without limitation Residential condominiums, cooperatives, Apartments, and Multifamily Buildings.
A strip of wood or similar material separating panes of glass in a sash.
A one-of-a kind, hand-painted, hand-tiled, or digitally printed image on the exterior of a wall of a Building that does not contain any commercial message. For the purposes of this chapter, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold. A "Mural" shall not be considered a Sign under this chapter.
A Use characterized by the display, preservation, collection, curation, and/or exhibit of objects of community and cultural interest in one or more of the arts and sciences.
An establishment which is primarily used for the manufacture of craft beer with annual production limited to 5,000 barrels per year. Such establishment may sell beer for on-site consumption or for off-site distribution in accordance with New York State Liquor Authority regulations.
A.U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards. NEC: National Electric Code. NFPA: National Fire Protection Association.
As a noun, a civic space type that is a natural preserve available for unstructured recreation, described as such in Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards).
The thoroughfare type, described as such in Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards).
All developable land within a site including Thoroughfares but excluding land allocated as Civic Districts.
Electromagnetic radiation of such frequency that the energy of the radiation does not dissociate electrons from their constituent atoms when an atom absorbs the electromagnetic radiation.
Facilities for receiving, sorting, treatment, or disposal of nonhazardous solid waste, including waste transfer stations, compost dumps, and combustors, incinerators, and cogeneration plants, and the collection and hauling of nonhazardous waste incidental to the treatment or disposal operations.
A Structure, premises, or establishment in or on which goods other than Motor Vehicles or Boats are maintained, repaired, serviced, and/or cleaned. This term does not include Parking or Outdoor Storage.
A Structure, premises, or establishment in or on which goods other than Motor Vehicles or Boats are rented or leased. This term does not include Parking or Outdoor Storage.
Fabrication, processing, converting, altering, assembling, or handling of materials or products solely within a Building, which activity:
Is not detrimental to the environment; and
Does not:
Pose any danger or hazard of fire or explosion or other physical hazard;
Cause, disseminate or discharge any material, dust, smoke, gas, fumes, odor, noise, vibration beyond the Lot on which the Building is situated;
Involve any Outside Storage: or
Result in any unusual traffic hazard or congestion.
A Structure that legally existed at the Effective Date of this chapter or any amendment of this chapter or the Zoning Map affecting such Structure, but upon such Effective Date does not conform to this chapter.
A Sign that legally existed at the Effective Date of this chapter or any amendment of this chapter or the Zoning Map affecting such Sign but upon such Effective Date does not conform to this chapter; and is allowed to continue legally in accordance with the provisions of § 345-901 as a lawfully permitted Sign.
A Structure that legally existed at the Effective Date of this chapter or any amendment of this chapter or the Zoning Map affecting such Structure, but upon such Effective Date does not conform to this chapter; and is allowed to continue legally in accordance with the provisions of § 345-901 as a lawfully permitted Structure, irrespective of the Use to which such Structure is put.
Any Use of land, a Structure, or an Improvement, or part thereof that legally existed at the Effective Date of this chapter or any amendment of this chapter or the Zoning Map affecting such Use, but upon such Effective Date does not conform to this chapter; and that is allowed to continue legally in accordance with the provisions of § 345-901 as a lawfully permitted Use.
All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on non-participating property.
Premises available for any function of a not-for-profit organization.
A school licensed by the State of New York and designed to provide daytime care or instruction of two or more children from two to five years of age, inclusive.
Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code, including but not limited to schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
A Use category characterized by premises available for the transaction of Commercial, governmental, or nonprofit operations, but excluding Retail/Personal Service/Artisan Uses and Light Industrial Uses. The Office Use category includes without limitation Business/Governmental/Non-for-Profit Offices, Business Incubator, Counseling Service, Co-Working Space, Crisis Counseling Center, Data Processing or Storage Services, Dental Office/Dental Clinic, Information Services, Medical Lab/Dental Lab/Research Lab, Medical Office/Medical Clinic/Outpatient Clinic, Mental Health Crisis Center, Office Building, Office Portion of Live/Work, Mixed-Use, or Flex Building, Photography Lab, Professional Office, Radio/Television/Recording Studio or Station without Communications Tower, and Tax Preparation Service. See Table 345.405.K-1 (Building and Lot Principal Uses).
A Building in which space is made available for Office Use.
A Private Frontage Type wherein the Facade is aligned close to or at the Frontage Line with the Building entrance at or above Sidewalk grade. This type is conventional for Office Use. It may have a substantial glazing on the Facade. See Table 345.405.G-1 (Private Frontage Types).
A Farmers' Market, a Roadside Stand, or an Outdoor Market.
Land and water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state.
Keeping a Lot, parcel, or Structure in good condition through ongoing minor intervention, undertaken from time to time, in its exterior condition in a manner that does not change its external appearance except through the elimination of the usual and expected effects of weathering; strengthening or restoring any portion of a Structure or Improvement to a safe condition, provided that no material enlargement results; repairing or replacing interior walls, fixtures, wiring or plumbing; or repaving Driveways and Parking accommodations, replacing exterior windows and siding, and painting exterior Structures and fixtures. Ordinary Maintenance or Repair does not constitute Development for the purposes of this chapter.
Synonymous with "Accessory Building."
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-9 (Sign Types: Specific Standards).
An open air area, with or without a Structure, used for the Retail sale of goods other than fresh fruits, vegetables, nuts, grains, eggs, flowers, herbs, or plants.
One or more assemblages, collections, stacks, or stockpiles of vehicles, equipment, goods, materials, tanks, or other items in any area other than within a Building, including without limitation, parked operative or nonoperative vehicles or equipment.
Providing for-profit package and message routing, distribution, and delivery services.
An accommodation designed for the stopping and disengagement of a Motor Vehicle and leaving it unoccupied; or
The act of stopping and disengaging a Motor Vehicle and leaving it unoccupied.
An off-street, ground-level open area, including areas surfaced with concrete, asphalt, pavers, gravel, crushed stone, or similar aggregate material, within a Lot for parking vehicles as an Accessory Use incidental to a Principal Use of the Lot or Principal Building on the Lot. Not synonymous with "Parking Lot." Any surfaced area exceeding seven feet in width at any point, or any area on which a vehicle is parked, shall be considered a Parking Area, regardless of its intended use. This definition does not include:
Driveways that directly connect to a parking area in the third lot layer or a garage (attached or detached); and
Areas of gravel, crushed stone, or similar aggregate materials less than 7 feet in width at any point that are used exclusively for landscaping, drainage or decorative purposes.
An off-street, ground-level open area within a Lot for Parking vehicles as a Principal Use. Not synonymous with "Parking Area."
An area required or provided for Parking a vehicle, meeting the requirements of § 345-405N.
A vertical Improvement other than a Garage containing one or more levels of vehicular Parking above grade. Parking Structures may not be used for Motor Vehicle Body Shop, Maintenance Repair, Service or Cleaning.
A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.
A pedestrian connector, open or roofed, that passes between Buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. See Illustration 345.1003.P-1 (Passage).
Illustration 345.1003.P-1
Passage
A pedestrianway traversing a Park, with landscape matching the contiguous Open Space, ideally connecting directly with the urban Sidewalk network.
A business that lends money based upon the security of pledged goods left in pawn, or is in the business of purchasing tangible personal property to be left in pawn on the condition that it may redeemed or repurchased by the seller for a fixed price within a fixed period of time, pursuant to the licensing requirements of Chapter 206 of the Village Code.
An area of a size approximately equal to the average distance comfortably walked by pedestrians and approximately centered on a Common Destination. There are two types of Pedestrian Sheds: Standard Pedestrian Sheds and Linear Pedestrian Sheds. See "Standard Pedestrian Shed" or "Linear Pedestrian Shed." See Illustration 345.1003.P-2 (Pedestrian Sheds).
Illustration 345.1003.P-2
Pedestrian Sheds
As defined in § 345-125.
An establishment that provides instruction in one or more of the performance arts, such as dance, music, and theater.
A site, with or without a Structure, intended for the presentation of performing arts, such as dance, music, and theater.
An individual, proprietorship, partnership, corporation, association, company, or other legal entity.
An establishment primarily engaged in the provision of information or instruction relating to a particular subject or hobby.
An establishment primarily engaged in the provision of informational, instructional, personal improvement or similar services.
The category of uses referring collectively to uses in which a service is provided to or for a customer for compensation, in which the person providing such service deals directly with the consumer, which uses may or may not include the retail sale of goods related to the services provided; excluding motor-vehicle- or boat-related uses, services provided by a medical professional. "Personal services" includes appliance service or maintenance, art or photography studio, board and care of small animals, building system business, construction business, dry cleaning/laundry pickup shop, financial services, hair/skin/nail care, health club or day spa, laundromat, locksmith, massage studio, non-Boat Goods Maintenance/Cleaning/Repair/Service, Non-Motor-Vehicle Maintenance/Cleaning/Repair/Service, Parcel Services, Pawnshop, Performing Arts Studio, Personal Improvement Services, Photofinishing Shop, Printing Services Shop, Short-Term Lender, Tailor or Seamstress Shop, Tattoo Studio, and Veterinary Office, Clinic, or Hospital, without outside boarding.
A hard surface with load-bearing capacity engineered to allow for the passage of water through it. The surface may be comprised of paving blocks with open corners, lattices or edges or asphalt/concrete mixes without "fines."
An establishment having a primary function of dispensing prescription drugs and medications and whose stock-in-trade may or may not include other merchandise.
The Retail development and printing of film or digital images.
A Building, room, or space that is occupied or arranged for occupation by the public for recreational, amusement, social, sports, or similar purposes.
A church, synagogue, temple, monastery, convent, retreat center or any permanent or temporary Structure providing regular, organized religious worship of any denomination and religious education incidental thereto, but excluding private primary or secondary educational facilities and day-care facilities. A property tax exemption obtained pursuant to state law shall constitute prima facie evidence of a Place of Worship Use.
With respect to a Building, the manner in which the Building is situated on the Lot. See "Lot Layers," Illustration 345.1003.L-5 (Lot Layers); see also "Setback," and Illustration 345.1003.S-2 (Setbacks).
A Building and Lot Plan, a Development Parcel Plan, a Site Plan, a Landscape Plan, a Sign Plan, or any other plan submitted pursuant to this chapter.
The Planning Commission of the Village.
The Village Director of Planning and Development.
The element of the Public Frontage that accommodates Thoroughfare trees, whether continuous or individual.
The sign type described as such in Table 345.701.A (Sign Types: Summary) And Table 345.701.B-10 (Sign Types: Specific Standards).
A civic space type playground, described as such in Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards).
A civic space type designed for civic purposes and commercial activities in the more urban transect districts, generally paved and spatially defined by building frontages, described as such in Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards).
Premises accommodating operations of law enforcement officers and other members of staff.
A planted Frontage wherein the Facade is set back from the Frontage Line with an attached exterior covered area large enough to accommodate outdoor furniture and/or gathering, which is permitted to Encroach into the Front Setback. This may be used with or without a Fence to maintain Thoroughfare spatial definition. See Table 345.405.G-1 (Private Frontage Types).
The sign type described as such in table 345.701.A (Sign Types: Summary) and Table 345.701.B-11 (Sign Types: Specific Standards).
A Sign whose principal supporting Structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated. Portable Signs include, but are not limited to, Signs mounted on a trailer, wheeled carrier or other nonmotorized mobile structure, with wheels or with wheels removed.
Premises operated by or under contract for the United States Postal Service at which letters, parcels, packages or other mail may be received, deposited, processed, sorted, and/or handled and/or postage may be purchased.
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-12 (Sign Types: Specific Standards).
A school, with an accredited training program and staffed with certified teachers, for children who are not old enough to attend Kindergarten.
The main Building on a Lot, located toward the Frontage, in which is conducted a Principal Use of the Lot on which such Building is situated. See Illustration 345.1003.P-3 (Principal Building).
Illustration 345.1003.P-3
Principal Building
The main point of access for pedestrians into a Building.
With respect to
Corner Lots, the Frontage designated to bear the address and Principal Entrance to the Building, and the measure of minimum Lot Width; and
Non-Corner Lots, the Frontage. See "Frontage."
See Illustration 345.1003.P-4 (Principal Frontage).
Illustration 345.1003.P-4
Principal Frontage
The primary or predominant Use of a Lot or Structure.
Retail premises in which photocopying, scanning, short-run printing and related services are provided.
The privately held area between the Frontage Line and the Facade of the Principal Building. See Illustration 345.1003.P-5 (Private Frontage). See also Table 345.405.G-1 (Private Frontage Types), and Illustration 345.405.G-2 (Frontage and Lot Lines).
Illustration 345.1003.P-5
Private Frontage
Premises in or from which professional or consulting services in the fields of law, architecture, design, engineering, accounting, and similar professions are conducted. This term does not include "Medical Office," "Dental Office," "Home Professional Office," or "Clinic."
Art in any media that has been planned and executed with the intention of being staged in or viewed from the physical public domain, usually outside and accessible to all.
The area between the Frontage Line and:
The curb (or if there is no curb, the edge) of the Vehicular Lanes in the case of a Lot that Enfronts a Thoroughfare having Vehicular Lanes; or
The Enfronting Civic Space, Path, Passage, water body, or Driveway in the case of a Lot that Enfronts a Civic Space, Path, Passage, water body, or Driveway.
See Illustration 345.1003.P-6 (Public Frontage). See also Table 345.502.B-2 (Thoroughfare Assemblies and Standards); and Illustration 345.405.G-2 (Frontage and Lot Lines).
Illustration 345.1003.P-6
Public Frontage
A duly convened meeting of an Approval Body within the meaning of Article 7 of the New York State Public Officers Law, including public meetings, public hearings, workshops and site visits.
Transport of passengers by means of group travel systems available to the general public and the systems utilized for such transport, such as buses, trolleys, light rail, passenger trains, and rapid transit.
Premises at which operations related to, and goods and equipment related to, the construction or maintenance of public infrastructure and Improvements, such as roads, walks, bridges, Buildings, and water or waste treatment disposal, or storage, are conducted and stored.
The business of issuing software, internet content, or newspapers, books, or other printed textual or graphical material for sale or distribution to the public.
Premises used for radio or television production and broadcasting or audio or video mixing and recording.
Use involving premises for storing or repairing locomotives, rail cars, or other rail vehicles.
A paved vehicular way located to the rear of lots that provides access to service areas, parking, and outbuildings and contains utility easements, with drainage provided by inverted crown at the center or with roll or ribbon curbs at the edges, described as such in Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards). See also "Alley."
The Lot Line opposite the Front Lot Line. See Illustration 345.1003.R-1 (Rear Lot Line).
Illustration 345.1003.R-1
Rear Lot Line
A Yard that is situated between the nearest roofed portion of the Principal Building or of any Accessory Building on the Lot and the Rear Lot Line, extending the full width of the Lot, from Side Lot Line to Side Lot Line. See Illustration 345.1003.R-2 (Rear Yard).
Illustration 345.1003.R-2
Rear Yard
Use category characterized by activities for personal enjoyment or entertainment during a Person's discretionary time, including the Uses listed under that heading in Table 345.405.K-1 (Building and Lot Principal Use).
Participatory and spectator-oriented Recreation activities conducted within an enclosed Building, including without limitation billiard rooms, bowling centers, ice or roller skating rinks, Shooting Ranges, Theater, and arcades.
Participatory and spectator-oriented Recreation activities conducted in open, partially enclosed, or screened facilities, including without limitation amusement parks, fairgrounds, golf courses and driving ranges, and go-cart tracks.
Premises accommodating Indoor Recreation and/or Entertainment and/or Outdoor Recreation and/or Entertainment. A Recreation Facility may be Civic or non-Civic.
A highway vehicular, portable structure designed as a temporary dwelling for travel, recreational, and vacation uses. The term includes camping trailer, motor home, travel trailer, and truck campers; the term does not include manufactured housing units.
A facility used for the collection and transfer, but not the actual processing, of any of the following recyclable materials: glass, paper, plastic, cans, or other source-separated, non-decayable materials. Recyclable materials at a Recycling Collection Facility must not include motor oil, chemicals, household appliances, tires, automobiles, automobile parts, or decayable materials.
A Body that has or may have development review applications referred to them by the Decisionmaking Authority for review and recommendation.
A facility operated for the primary purpose of assisting in the rehabilitation of individuals through an integrated program of medical, psychological, physical, occupational, substance, social, or vocational evaluation and services under competent professional supervision.
Premises that contain research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products. Such Uses must not be detrimental to the environment through the release of dust, smoke, fumes, odor, noise, or vibration and must not create an unsafe risk of fire or explosion given the location of the use, the Building in which it is located, and the nature of the surrounding Uses and Structures.
The following Districts: CD-3, CD-3.R20, CD-3.R7, CD-3.R5, SD-PRD, and CD-4 Zoning Districts (except on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue).
The collective reference to the category of Uses characterized by premises available for long-term human habitation, including without limitation the specific Uses listed under that heading in Table 345.405.K-1 (Building and Lot Principal Use).
An establishment engaged in preparing, serving, and selling food and beverages at Retail for on- or off-premises consumption.
The collective reference to the category of Uses in which goods are sold, rented, or leased in person, online, or by mail in transactions dealing directly with the consumer of such goods, including without limitation, Brewpub, Boat Retail Sales, Boat Retail Parts Sales, Motor Vehicle Retail Sales, Motor Vehicle Retail Parts Sales, Open Air Market, Pharmacy, Restaurant, Retail Food Sales with or without on-premises preparation or processing, Retail Membership Club, Tasting Room, Shopping Plaza, and Retail Sales Accessory to Warehousing or other Light Industrial or Light Manufacturing.
The sale of food for off-premises consumption, excluding Restaurants.
A discount Retail establishment that sells merchandise to its members.
A Retail establishment that has limited customer amenities and service and sells goods at discounted prices.
The collective reference to the Retail Uses Category, the Personal Services Uses Category, and the Artisan Uses Category. See Table 345.405.K-1 (Building and Lot Principal Use).
Radio frequency.
A local, rural and suburban thoroughfare of low-to-moderate vehicular speed and capacity, described as such in Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards).
A small open air Structure for the Retail sale of produce or other goods grown or produced on the property where the Roadside Stand is located. This definition does not include Farmers' Markets or Outdoor Markets.
A Lodging type in a private Dwelling in which at least three but not more than six rooms are offered for rent, payable in money and/or other consideration, whether or not table board is furnished to roomers, and in which no Transient guests are accommodated and no Restaurant is maintained for service to any Persons who are not residents of the Rooming House. The term "Rooming House" shall not be deemed to include Tourist Homes or any Residential/Dwelling Use.
A building in a collection of very narrow- to medium-sized attached buildings on contiguous lots with a rear yard (or side yard if an end unit), which collection consists of side-by-side dwelling units with individual entries facing the thoroughfare. Each building occupies the full frontage line of its lot and shares at least one party wall with another building of the same type. See Table 345.405.J-1 (Principal Building Types) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
Business or Trade School, College/University, High School, Middle School, Preschool or Nursery School, Primary or Elementary School, or Secondary School.
See "Primary or Elementary School."
See "Secondary School."
A Use other than an Impound Yard or Towing Facility in which an establishment is engaged primarily in the sale, storage, assembling, dismantling, sorting, distributing, or other processing of scrap, used equipment, mechanical components, or waste materials, including a Junkyard.
Used as a verb, to block an item or condition from view from a vantage point in accordance with the requirements of this chapter by interposition of a Building, Building Element, wall or Fence constructed of an opaque material, or an evergreen hedge; or
Used as a noun, a Building, Building Element, wall or Fence constructed of an opaque material or an evergreen hedge, which blocks an item or condition from view from a vantage point, as required by this chapter. Not synonymous with "Streetscreen."
See "Lot Layer."
On Corner Lots, the Frontage that is not the Principal Frontage. See Illustration 3435.1003.S-1 (Secondary Frontage).
Illustration 345.1003.S-1
Secondary Frontage
A public, private or parochial school offering instruction at the middle (junior) and senior high school levels in the branches of learning and study required to be taught in the public schools of New York.
Premises at which customers rent storage units within a building for storage of possessions on a short-term basis.
Establishments that install, pump, or service septic tanks and cesspools, or that rent or service portable toilets.
The area of a lot measured from a lot line to a building facade or elevation, which area is maintained clear of permanent structures, with the exception of permitted encroachments allowed pursuant to Tables 345.405.A-1 through 345.405.A-14 (District Standards) or Table 345.405.B (Civic District Standards). See Illustration 345.1003.S-2 (Setbacks).
Illustration 345.1003.S-2
Setbacks
Facilities for the receipt, treatment, and disposal of sewage.
Lines for the movement, distribution, or collection of sewage.
Parking spaces that are available for two or more Principal Uses.
An accounting for Parking spaces that are available to more than one Principal Use. See Table 345.405.N-2 (Shared Parking Factor).
A specialized facility within a Building which accommodates firearms training, practice, and qualification.
A principal building type comprised of a single-family detached residential dwelling or a two-family detached residential dwelling to which premises accommodating an office or retail/personal service/artisan use shop are or have been added as a building attachment between the dwelling and the frontage line. The portion of the resulting building comprised by the original dwelling may be used as a dwelling unit and the added building attachment may be used for office or retail/personal service/artisan use. See Table 345.405.J-1 (Principal Building Types) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
A Private Frontage Type conventional for Retail/Personal Service/Artisan Use, wherein the Facade is aligned close to or at the Frontage Line with the Building entrance at Sidewalk grade. This Frontage has substantial glazing at the Sidewalk level and may include an awning overlapping the Sidewalk. See Table 345.405.G-1 (Private Frontage Types).
A parcel of two or more acres improved with a Building or attached or associated group of Buildings, containing a number of businesses, sharing common parking areas and access drives, and each business having access provided directly through one or more exterior doors.
A business or Use that regularly accepts checks from a borrower drawn on the borrower's account to be presented for payment at a later date and that charges a fee for the service, or extends short-term nonpurchase money loans secured by titles to motor vehicles. The term does not include other federal or state regulated lenders, financial institutions, or providers of Financial Services.
Any Lot Line that is not a Front Lot Line or a Side Lot Line. See Illustration 345.1003.S-3 (Side Lot Line).
Illustration 345.1003.S-3
Side Lot Line
A Yard that is situated between the nearest roofed portion of the Building or of any Accessory Building on such Lot and the Side Lot Line, and extending through from the Front Yard or from the Front Lot Line where no Front Yard exists to the Rear Yard or to the Rear Lot Line where no Rear Yard exists. See Illustration 345.1001.S-4 (Side Yard).
Illustration 345.1003.S-4
Side Yard
The paved section of the Public Frontage dedicated exclusively to pedestrian activity. See Illustration 345.1003.S-5 (Sidewalk).
Illustration 345.1003.S-5
Sidewalk
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-13 (Sign Types: Specific Standards).
Any name, number, symbol, identification, description, direction, declaration, demonstration, display, representation, illustration, insignia, instruction, directive, information, illustration, object, graphic, device, display, visual communication, material, Structure or device, or part thereof, in view of the public way, whether permanent, temporary, portable, or affixed, composed of lettered, or pictorial, or graphical matter or upon which lettered or pictorial, or graphical matter is used, that announces, directs attention to, names, gives notice of, informs, advertises, or promotes an ideology, position, interest, cause, object, project, product, place, activity, person, institution, organization, or business; provided that the term "Sign" shall not be deemed to include any badge or insignia of any government agency or any civic, charitable, religious, patriotic, fraternal or similar organization, Public Art, or any directional sign erected and maintained pursuant to law.
See "Billboard Sign."
See "Identification Sign."
See "Temporary Sign."
One Dwelling Unit, other than a manufactured housing unit, that is situated on a Lot with no other Dwelling Units, and is not attached to any other Dwelling Unit.
A map required by § 345-805G which indicates the intended Development of a parcel of land and which meets the standards and requirements of, and is prepared in accordance with, § 345-805G and other applicable provisions of this chapter.
A Use characterized by a Structure and/or land owned by or leased to one or more Social or Civic Organizations for meeting, recreational, or social purposes primarily by their members and their guests.
A private nonprofit group, association, organization, club, establishment, brotherhood, membership, or other similar group providing meeting, recreational, social, fraternal, youth, or similar activities or facilities primarily for its members and guests; excluding, however any type of Residential facility such as fraternity or sorority houses.
A linked connection of solar modules/panels not attached to a habitable Building or Structure.
Premises, appurtenances, and Improvements used for treating, storing, or disposing of solid waste, whether publicly or privately owned or operated. A Solid Waste Facility may consist of several treatment, storage, or disposal operational units, including, but not limited to, one or more landfills, surface impoundments, or combination thereof.
An area that, due to its intrinsic size, Use, Building Placement, Building Elements, Building Configuration, Principal Building Type, Massing, or other characteristics, cannot conform to one or more of the applicable Character Districts or a Civic District, or standards therefor, specified in this chapter.
A Use for which the Planning Commission may approve an application, or grant a permit, subject to compliance with all applicable conditions, requirements, and standards and review by such Planning Commission pursuant to §§ 345-405K(6) and 345-805I.
Provisions of §§ 345-202 and 345-506 and/or the associated designations on the Zoning Map for those provisions.
A civic space type that accommodates the play of athletic endeavors, described as such in Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards); excluding Sports Venues.
Premises at which athletic events are presented for a charge.
A civic space type designed for unstructured recreation and civic purposes, spatially defined by private frontages and consisting of paths, lawns and trees, formally disposed, described as such in Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards).
A Pedestrian Shed that has an average radius of 1/4 mile or 1,320 feet, about the distance of a five-minute walk at a leisurely pace. See "Pedestrian Shed." See Illustration 345.1003.S-6 (Standard Pedestrian Shed).
Illustration 345.1003.S-6
Standard Pedestrian Shed
A Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy. An exterior stair and landing provides access to the entrance. This type is recommended for ground-floor Residential Use. See Table 345.405.G-1 (Private Frontage Types).
A habitable level within a Building, being that portion included between the surface of any floor and the surface of the floor next above it; if there is no floor above it, then the space between the floor and the ceiling next above it; including parking garage and parking structure levels. See Illustration 345.1003.S-7 (Story). See definitions of "Attic" and "Cellar."
Illustration 345.1003.S-7
Story
A local urban thoroughfare of low speed and capacity, which meets the standards and requirements for such thoroughfare type as set forth in and as described as such in Table 345.502.B-1 (Thoroughfare Types: Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards). When not capitalized, the term "street" means any public way not within a Lot on which vehicles travel.
Streetlights, Thoroughfare trees, planting accommodations and Sidewalk.
A type of Screen situated along a Frontage Line, or along the same plane as a Facade, and consisting of a planted evergreen hedge or freestanding wall constructed of brick or stucco over masonry, which blocks the view of Parking, equipment, or other item or condition from the Frontage, provides privacy to a Side Yard, or strengthens the spatial definition of the public realm.
Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, regardless whether the same is horizontal or vertical. The word "Structure" includes Buildings and other Improvements.
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
The mounting of the proposed antenna on existing towers, other than towers in the public rights-of-way, would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to avoid interference with existing antennas;
The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter;
The mounting of the proposed antenna would involve adding an appurtenance to the body of existing towers, other than towers in the public rights-of-way, that would protrude from the edge of the towers more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable;
The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site;
The modification defeats concealment elements of the support structure; or
The modification does not comply with prior conditions of the approval for the existing structure site; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds in Subsections A through D above.
An aboveground constructed basin or Structure for swimming and aquatic recreation, excluding such that it contains a water depth of less than 24 inches.
Premises at which articles of clothing are fitted, made, altered, and/or repaired and at which such services and/or articles are sold at Retail.
An establishment or portion of an establishment that allows customers to taste samples of beer, alcoholic spirits, or vinous beverages. In addition to such products, a Tasting Room may include the Retail sale of related items, marketing events, special events, entertainment, and/or food sales.
To indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments. The practice of tattooing does not include the removal of tattoos, nor the practice of branding, cutting, scarification, skin braiding, or the mutilation of any part of the body.
Any room, space, location, area, Structure, or business, or any part of any of these places where Tattooing is practiced or where the business of Tattooing is conducted and which holds all requisite licenses for such activities and business.
A Use in which taxpayers' returns are prepared by a third party for compensation.
Premises at or from which taxi or ride-share operations are conducted.
A temporary Structure that is used to generate sales of a Development or to serve as the Office for the contractor during construction of said development.
Any sign which is not permanently installed, mounted, or placed. Signs of the types described in Table 345.701.A (Sign Types: Summary) and Table 345.701.B (Sign Types: Specific Standards) are not Temporary Signs.
A location at the axial conclusion of a Thoroughfare. A Building located at a Terminated Vista location designated on a Zoning Map is required to be designed in response to the axis. See Illustration 345.1003.T-1 (Terminated Vista).
Illustration 345.1003.T-1
Terminated Vista
A Private Frontage Type wherein the Facade is set back from the Frontage Line by an elevated landing and a sunken Lightwell. This type buffers Residential Uses from urban Sidewalks with the first Story elevated from the Sidewalk for privacy, and may allow for activation of space below grade. An exterior stair and landing provides access to the entrance. This type is recommended for ground-floor Residential Use. See Table 345.405.G-1 (Private Frontage Types).
A Building or part of a Building devoted to the showing of motion pictures, or theatrical or performing arts productions, as a Principal Use.
See "Lot Layer."
A place other than a home or workplace at which people may gather and socialize. Examples include, but are not limited to, cafes, Social Clubs, public Libraries, or Civic Spaces.
A way, whether public or private, open for common and general use by vehicular and/or pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Illustration 345.1003.T-2 (Thoroughfare). See also Table 345.502.B-1 (Thoroughfare Types Summary) and Table 345.502.B-2 (Thoroughfare Assemblies and Standards).
Illustration 345.1003.T-2
Thoroughfare
A Lot that extends through from Thoroughfare to Thoroughfare.
A Structure, premises, or establishment in or on which tires are sold, installed, and/or repaired.
Lodging Use type in which overnight accommodations are offered to Transient guests for compensation within a Residential Dwelling.
Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for 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, and the associated site.
An establishment that provides vehicle towing services and accessory temporary outdoor storage for the vehicles it tows, which shall only include: mechanically operable/drivable, licensed vehicles that are to be claimed by titleholders or their agents; and/or wrecked motor vehicles awaiting insurance adjustments and transport to repair shops. The term "Towing Facility" excludes: automotive services that have a tow truck on-site; Salvage or Scrap Yard/Service; Junkyards, Impound Yards; Motor Vehicle storage; and storage of inoperable vehicles.
A Row House.
See "Business or Trade School."
An unpowered, portable, or mobile vehicle designed to be designed to be towed by a Motor Vehicle.
As a noun, a Person who is staying in a place for only a short time; as an adjective or adverb, a duration of only a short time.
Accommodation providing shelter from the elements for waiting transit riders, excluding a Transit Station or Terminal.
A facility or area at which train, rapid transit, light rail, bus, or other mass transit modality service regularly stops to load or unload passengers.
Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supplies. 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.
The inside radius of the Vehicular Lanes available for a vehicle to make a turn, accounting for the presence of parking, bike lanes, medians or other features. See Illustration 345.1003.C-3 (Curb Radius), Table 345.502.B-2 (Thoroughfare Assemblies and Standards) and Illustration 345.502.B-3 (Turning Radius). See also "Curb Radius."
Separate Residential premises for two Families within a Building on a single lot. A Duplex is a specific Building Type that may accommodate a Two-Family Detached Dwelling, but the terms are not synonymous.
The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
The Floor Area within a Building, less the area of space used for utilities or storage.
Floor Area Within Building
-
Space Used For Utilities or Storage
=
Usable Floor Area
Part of a Lot set aside, designed, and continually available and usable by Persons residing on such Lot for outdoor recreational use and for household activities normally carried on outdoors, excluding vehicle Parking. Each dimension of an area intended as Usable Open Space must be at least 20 feet.
A specific function, activity, or purpose accommodated by or intended to be accommodated by land, a Lot, or a Structure, or for which land, a Lot, or a Structure is designed, arranged, intended, occupied or maintained. See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Permitted Accessory Uses).
Facility used for Utility distribution, including systems and equipment used for such purposes.
Premises used by a Utility Provider relative to providing a Utility service, including without limitation a Utility Pumping Station, a Utility Distribution/Substation/Switching Facility, a Water Treatment/Supply Facility, a Sewage Facility, a Utility Generation Facility, a Wireless Communications Facility, a Communications Tower, or other facility used to provide a Utility service, excluding, however, Utility Lines.
Facility used for electric or gas power generation (except hydroelectric and nuclear), control and transmission. This definition includes systems that facilitate the sale of gas or electricity via power distribution systems operated by others, and gas or electric power transmission systems, such as transmission towers, pipes or lines, and transformer stations, but does not include Utility Distribution/Substations/Switching Facilities.
A line used in providing a Utility service.
An entity or other Person engaged in generating, transmitting, distributing, or providing a Utility service.
A facility at which water, sewage, or other Utility fluids are pumped from one place to another.
Line used for the movement of high-powered electricity or high-pressure gas.
As a Uses Category under this chapter, the Use category, uses, activities, and equipment involved with the providing of electricity, gas, water, sewage, telephone, cable, or other similar publicly regulated service, such category of Uses including without limitation Utility Lines, Utility Distribution/Substation/Switching Facility, and Utility Pumping Station. [See Table 345.405.K-1 (Building and Lot Principal Use).]
As a service, electricity, gas, water, sewage, telephone, cable, wireless communications, or other similar publicly regulated service provided by a Utility Provider.
The Use of land for any Use other than one or more of those identified on Table 345.405.K-1 (Building and Lot Principal Use).
Relief granted by the Zoning Board of Appeals from a standard or requirement of this chapter, which is specifically provided for in this chapter or granted pursuant to the provisions of Article 8 (Administration, Procedure and Enforcement).
An area of a Thoroughfare for parked or moving vehicles. See Illustration 345.1003.V-1 (Vehicular Lane).
Illustration 345.1003.V-1
Vehicular Lane
A Boat, yacht, ship, canoe, kayak, yolo, paddle board, jet-ski, or recreational or other watercraft.
Premises or an establishment offering Veterinary Services for animals.
Health or medical care provided to animals by a licensed veterinarian.
The Village of Port Chester, New York.
Administrative relief granted from a standard or requirement of this chapter pursuant to the provisions of Article 8 (Administration, Procedure and Enforcement) by a Zoning Administrator or other staff specifically authorized by this chapter.
A vertical Structure that supports a Structure or encloses or separates an area of land.
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-14 (Sign Types: Specific Standards).
Premises used for Warehousing, not including Self-Storage Facilities.
The indoor storage of goods.
Facilities for the treatment and supply of potable, irrigation, or industrial water supply.
The sale of goods in large quantities primarily to industrial, institutional, and commercial business customers, which goods may be resold at retail by such customers.
The sign type described as such in Table 345.701.A (Sign Types: Summary) and Table 345.701.B-15 (Sign Types: Specific Standards).
An establishment which is primarily used for the manufacture of vinous beverages with annual production that exceeds 2,000 cases per year. Such establishment may sell wine for on-site consumption or for off-site distribution in accordance with New York Liquor Authority regulations, and may contain one or more accessory Tasting Rooms.
Any device, including the supporting structure and all related appurtenances, used for the transmission and reception of radio waves as part of wireless two-way communications.
Any facility for the receiving or transmitting of wireless signals for commercial purposes, such as cellular telephone services, personal communication services (PCS), specialized mobile radio (SMR), enhanced mobile radio (ESMR), paging, satellite digital audio radio service (SDARS), fleet communication systems and similar commercial facilities, whether operated in support of another business activity or available for the transmission of signals on a sale or rental basis. As used herein the term shall include any necessary support structure, connection cables and equipment buildings as well as towers or monopoles.
Premises at which wooden articles are made or repaired.
Affordable Affirmatively Furthering Fair Housing Units as defined in § 345-405U.
An Open Space within a Lot on which there is a Building. Yards are described by their positions within the Lot, and their area is calculated as the shortest horizontal distance from a Lot Line to the nearest foundation wall supporting the Building on the Lot. See "Front Yard," "Rear Yard," and "Side Yard." See Illustration 345.1003.Y-1 (Yard).
Illustration 345.1003.Y-1
Yard
See "Front Yard."
See "Rear Yard."
See "Side Yard."
Characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing Parking accommodations on such a Thoroughfare. See Illustration 345.1003.Y-2 (Yield).
Illustration 345.1003.Y-2
Yield
Synonymous with "Zoning District" or "District."
Individuals designated under § 345-802.
A Character District, Special District, or Civic District.
The map or set of maps which show the Character Districts, Civic Districts, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to, or proposed to be subject to, regulation by this chapter. The Zoning Map approved by the Board of Trustees, as the same may be amended from time to time, constitutes the Official Zoning Map of the Village.