The term applied to a building, structure or use which is clearly incidental or subordinate to and customarily in connection with the principal building, structure or use and which is located on the same lot with the principal building, structure or use. Any accessory building or structure attached to a principal building or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure. No use shall be considered "accessory" where such use requires a greater area of a lot or larger setbacks or yards or for which greater restrictions than for the principal use on the lot are imposed by this chapter.[1]

A person, establishment or business, whether retail or wholesale, having more than a minimal portion of its stock in trade recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas. For purposes of this definition, "minimal portion" means 10% of gross sales or receipts for any calendar year.

A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments, and which establishment is customarily open to the public generally but excludes any minor by reason of age.

Any activity covered by the definition of an adult bookstore, an adult entertainment cabaret, an adult motion-picture theater, an adult motel or a massage establishment.

A motel which is open to the public generally but excludes minors by reason or age or which makes available to its patrons in their rooms films, slide shows or videotapes, which, if presented in a public movie theater, would be open to the public generally but would exclude any minor by reason of age.

An enclosed or unenclosed building, structure or portion thereto used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.

The measure of land in a horizontal plane, uncorrected or adjusted for legal encumbrances, surface conditions or slope.

A building or area of land designed exclusively for the cleaning of motor vehicles, whether by machinery line or with hand-operated cleaning devices. The incidental washing or cleaning of vehicles associated with other permitted uses shall not be deemed "automotive washing facilities" under this chapter.

That portion of a building that is partly or completely below grade plane. A basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:

Any habitable space in excess of 80 square feet for one person, 120 square feet for two persons and 180 square feet for three persons, other than a living room, dining room, bathroom, hallway or kitchen.

A sign which directs attention to a business, commodity, service, entertainment or attraction conducted, sold, offered or existing elsewhere than on the same lot where such sign is displayed or not for the principal use of such lot.

A dwelling, part of which is occupied by one or more persons, roomers, boarders or lodgers, etc., who are not members of the immediate family of the primary occupants, on more than an occasional basis, exceeding one month, in which there are provided services incidental to the dwelling's use as a temporary residence for said boarders, roomers, lodgers, etc. The term "boardinghouse" shall include a rooming house or lodging house, but not foster homes, for the purpose of this chapter.

An area of specified dimension extending between the property line and a required yard. The "buffer" shall not be used or otherwise encroached upon by any activities on the lot.

Any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, press or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.

See "accessory."

A building in which is conducted the main or principal use of the lot on which said building is situated.

That part of a building, structure or nonbuilding use which does not conform to one or more of the applicable bulk requirements of this chapter.

Any person, firm, association, partnership, corporation, or other entity for profit.[2]

Official certification that a building or structure which is generally considered a place of public assembly or use conforms to applicable fire or specialized safety codes or laws.

Official certification that a building or structure conforms to this chapter and other applicable laws and may be occupied.

Official certification that a part or portion of a building or structure conforms to this chapter and other applicable laws and may be used in conformity with said laws.

A motor vehicle or combination of vehicles used to transport property or persons for business purposes:

The Comprehensive Master Plan adopted by the Planning Board for the development of the entire unincorporated area of the village, pursuant to § 7-722 of the Village Law.

A building or area of land where a person, firm or corporation engaged in the construction business or a related field stores building materials, equipment and supplies used exclusively in his business as a contractor. Retail or wholesale sale of any contractor's materials or supplies is prohibited.

An unobstructed open area bounded on three or more sides by the walls of a building or buildings. It does not include any such area with no windows opening upon it except windows on a stairway. An "outer court" extends to a street or yard; an "inner court" does not.

See "street line, designated."

A building or part of a building containing private or semiprivate rooms which open to a common hallway, which rooms are sleeping quarters for administrative staff, faculty or students, along with communal bathroom, dining, cooking, laundry, lounge and recreation facilities, as required. Dormitory rooms shall not contain separate cooking, dining or housekeeping facilities, except that one dwelling unit with complete housekeeping facilities may be provided for use of a superintendent or supervising staff for every 50 dormitory rooms or major part thereof. No more than one communal dining room shall be provided in any building or structure used for dormitory purposes. Single-family, two-family and/or other multiple residential facilities other than that described above are not to be considered as "dormitories." Private rooms may be occupied by no more than one person, and semiprivate rooms may be occupied by no more than two persons.

A surface which is adequately covered with screenings, stone, gravel, concrete or bituminous products or adequately treated with oil, calcium chloride or similar dust-inhibiting substances and maintained in good condition at all times.

A building or part thereof designated, used or occupied for one or more dwelling units, but not including a boardinghouse, tourist home, hotel, motel, tourist cabin, summer colony or trailer.

One or more two- or three-story, multifamily structures, situated on one lot containing off-street parking, landscaped areas and other appurtenant facilities.

An apartment building containing from three to six stories

A building which is designed, used or occupied for residential purposes for more than two dwelling units.

A building designed, used or occupied for residential purposes for one dwelling unit only.

A one-family residence which is separated from other buildings by open space.

A building or structure which comprises one dwelling unit for one family and which is attached or connected to another dwelling unit for one family at their common property line by means of a party wall, the length of which represents at least 50% of the total sidewall length of which the party wall is a part, and which is separated from any other building or structure by open space on the side lot line opposite the party wall and by open space on the front and rear lot lines. Each dwelling unit must be on its own lot.

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

A two-family dwelling attached to two or more two-family dwellings by common vertical walls without openings.

A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A house trailer, boarding- or rooming house, convalescent home, dormitory, fraternity house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit."

A coin-operated electronic or mechanical amusement device, including but not limited to baseball, football or other sport games, pinball machines and video games.

An establishment containing more than three electronic games.

The average setback on each street on which a lot fronts established by three or more buildings within the same zoning district, within 300 feet on each side of such lot along the same side of the street, but not beyond any intersection.

One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

A use providing room and board and services or facilities to individuals who, by reason of mental or physical disability, require specialized attention and care.

An unroofed barrier or unroofed enclosing structure, including retaining walls.

A minor change or adjustment to an approved site development plan, due to field conditions, that will not substantially alter the intent, layout or design of the approved plan.

A farmer's market, fair, bazaar or similar activity, by whatever name, or those uses which involve the setting up of two or more independently operated booths, tables, racks or similar display areas for the purpose of selling merchandise or other items offered for sale by individual vendors or concessionaires, each of whom generally rents selling space from the flea market operator. A "flea market," as defined herein, shall not be intended to include a garage sale, roadside produce stand or fundraising event or festival sponsored by a religious, charitable or civic organization and held on their own property.

The land in the floodplain within the village subject to a one-percent or greater chance of flooding in any given year.

Any land area adjoining a river, stream, watercourse or lake which is likely to be flooded.

The gross floor area of all buildings on a lot divided by the area of the lot.

The horizontal distance measured along the full length of a street line abutting the lot.

A building or other structure or a tract of land used for the retail servicing of motor vehicles, including the sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; and the performance of routine automotive maintenance and repairs. Sale of other retail products from the premises shall not be deemed to affect the use of the facility as a "gasoline service station and/or motor vehicle repair shop."

A reference plane representing the average of the finished level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.

The vertical distance from the average elevation of the proposed finished grade along the wall of a building (or adjacent to the side of a nonbuilding use) to the highest point of the roof for flat roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs of such building (or nonbuilding uses).

Any gainful personal service occupation customarily conducted within a residence, by the resident thereof, clearly secondary to the use of the dwelling for living purposes, that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used. Permissible "home occupations" and "home professional offices" include, but are not limited to, the following: art studio, dressmaking, teaching of music or dancing and other instruction limited to the teaching of one pupil at a time, clergyman, lawyer, physician, dentist, architect, engineer or accountant. However, "home occupations" shall not include a clinic or hospital, restaurant or animal hospital. Not more than one person other than the principal may be employed by the owner in connection with said activity. No display of advertising other than a small nameplate and no display of products shall be visible from the street.

A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreation facilities.

An area of land, with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials such as wastepaper, rags or scrap material or used building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage or sale or other use or disposition of the same. A deposit or the storage on a plot of two or more unregistered, wrecked or broken-down vehicles or part of two or more such vehicles for one week or more in a residential district or for three weeks or more in any other district shall be deemed to be a "junkyard."

A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon.

The total horizontal area included within the property lines of a lot, except that for any minimum lot area specified in this chapter, the area shall be adjusted as set forth in § 255-18A.

A corner at the junction of, or abutting on, two or more intersecting streets where the interior angle of intersection does not exceed 135º. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135º.

Any boundary of a lot other than a street line.

The lot line which abuts or runs along the designated street line.

The lot line generally opposite the street line. If the "rear lot line" is less than 10 feet in length or if the lot comes to a point in rear, the "rear lot line" shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.

The distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum front yard requirement.

A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.

Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health-care practitioner duly licensed by the State of New York nor barbershops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities, and facilities for the welfare of the residents of the area.

Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health-care practitioners duly licensed by the State of New York.

A storage and warehousing facility generally consisting of small cubicles and rooms intended predominantly for the storage of personal goods and possessions.

An establishment providing transient accommodations containing six or more rooms, with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which does not comply with the bulk requirements of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

Any use of a building or structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendments thereto affecting such use, which does not conform to the use requirements of this chapter for the district in which it is located.

Occupants of hotel or motel units whose stay at the hotel or motel exceeds 60 consecutive days.

Any private school accredited by the Education Department of the State of New York, designed to provide daytime care or instruction for two or more children from two to six years of age, inclusive, operated at least five days per week and seven months per year.

The Official Map adopted and established by the Village Board for the incorporated village, showing the streets, highways, parks and drainage systems laid out on such map, including any references to more detailed maps and studies.

Includes all vested or contingent interests of any person or his agent, representative, successor or assignee and irrespective of whether or not such interest is recorded, in the following circumstances:

Any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.

The Planning Board of the Village of Spring Valley.

The primary or predominant use for which a lot or building is used.

Any establishment, however designated, at which food and beverages are sold primarily for consumption on the premises, whether in a building or elsewhere on the property.

Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools, tables or bars outside the building or primarily for consumption in an automobile parked on the premises, whether such food is brought to said automobile by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. Any drive-through restaurant shall be considered a "fast-food restaurant."

Any act of masturbation, fellatio, sadomasochism, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.

Modules, panels and/or devices used to collect solar power and convert it into use as electricity, heat, or some other form of energy. Solar energy collectors specifically include solar panels and/or solar thermal collectors.

That portion of a building included between the upper surface of a floor and the upper surface of the floor next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost floor, from the top of the floor finish or ceiling joists to the top of the roof rafters. A distance of six feet or less from the top of ceiling joists to the top of the roof rafters shall not be considered a story.

A street which is one of the following: an existing town, village, county or state highway or street; or a street shown on an approved subdivision final plat or a street shown on the Official Map of the village.

A line equidistant from each street line of a street or, if no street line is established, the center line of the existing pavement or, if the street is unpaved, the center line of the existing traveled way.

See "frontage."

The right-of-way of a street.

The line established by the Official Map as the street right-of-way, whether or not in public ownership.

A combination of materials constructed, assembled or erected on, above or below the ground or attached to something having location on, above or below the ground, including but not limited to buildings, fences, tanks, towers and swimming pools.

A unit consisting of a kitchen, bedroom and bathroom in a one-family house designed to accommodate and be occupied by no more than two individuals who, by reason of health, infirmity or age (65 years or older), require the care or companionship of the prime occupant, who is a member of the immediate family. Such use shall be discontinued upon the removal of the qualifying individual(s), whereupon the kitchen and plumbing fixtures and piping attached thereto shall be removed within 30 days.

Land is "underwater" where it is so shown on the United States Geological Survey (USGS) Map of the village or where it is within the channel lines of a classified stream as shown on the Rockland County Drainage Agency Official Map. Soils classified as muck soils by the United States Soil Conservation Service based on field investigations shall be deemed land "underwater."

The specific purpose for which land or a building is used or occupied or maintained.

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

See "nonconforming use."

A facility for the care and treatment of small animals, including shelters and boarding facilities.

Open and unobstructed ground area of the lot, extending inward from a lot line the distance specified in the requirements for the district in which the lot is located. Where a buffer is required, the buffer shall be deemed to commence at the lot line, and the yard requirements shall be deemed to commence from the interior line of the buffer.

A required yard extending along the full length of the front lot line between the side lot lines.

A required yard situated along the rear lot line and extending the full width of the lot to the side lines of the lot.

A required yard extending along a side lot line from the required front yard (or from the front lot line if there is no required front yard) to the required rear yard (or to the rear lot line if there is no required rear yard).