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Tuckahoe City Zoning Code

ARTICLE III

Definitions

§ 3-1 Definitions.

[L.L. No. 6-2005, § 1; L.L. No. 5-2006, §§ 1, 2; L.L. No. 10-2009, § 2]
3-1.1. 
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
3-1.1.1. 
BASEMENT — A story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street and the floor level of which is below finished grade at any point on the periphery of the building.
3-1.1.2. 
BILLBOARD — A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated.
3-1.1.3. 
BUILDING — Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no building was present; the term "building" shall include the term "structure" as well as the following:
(a) 
Signs;
(b) 
Fences;
(c) 
Radio and television antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building; and
(d) 
Pergolas, porches, outdoor bins and other similar structures.
3-1.1.4. 
BUILDING, ACCESSORY — A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
3-1.1.5. 
CELLAR — Any space in a building, the structural ceiling level of which is less than four feet above the average level of the finished grade where such grade abuts that exterior wall of such building which fronts on any street.
3-1.1.6. 
COURT, INNER — An open space enclosed on all sides by exterior walls of a building.
3-1.1.7. 
COURT, OUTER — An open space enclosed on three sides by exterior walls of a building.
3-1.1.8. 
COURT, OUTER, DEPTH OF — The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
3-1.1.9. 
COURT, OUTER, WIDTH OF — The linear dimension of the unenclosed side of the court.
3-1.1.10. 
CURB LEVEL — The established elevation of the street grade at a point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot, the curb level is the average of the mean levels of the curb on the two intersecting streets.
3-1.1.11. 
DWELLING UNIT — A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging house, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.
3-1.1.11.a. 
WORKFORCE HOUSING UNIT — A dwelling unit limited in occupancy to households whose annual income does not exceed 80% of the actual Westchester County median income, as defined and periodically updated by the United States Department of Housing and Urban Development, and the annual rental cost of which does not exceed 30% of said income or, for homeowners, the annual ownership cost of which [the sum of principal, interest taxes and insurance (PITI) and common charges, if any] does not exceed 30% of said income.
3-1.1.12. 
FAMILY —
(a) 
A family is defined as one of the following:
(1) 
Up to three persons occupying a dwelling unit; or
(2) 
Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
(b) 
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.
(c) 
In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
(1) 
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;
(2) 
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
(3) 
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
3-1.1.13. 
FAMILY CARE FACILITY — A facility licensed or supervised by an appropriate state or federal agency to provide resident services and twenty-four-hour supervision to six or fewer persons. Such a facility is headed by agency-approved staff and functions as a single housekeeping unit. This category includes agency-operated boarding homes, family care homes and family care group homes.
3-1.1.14. 
FLOOR AREA — The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding:
(a) 
Roof areas;
(b) 
In one-family dwellings, cellar and basement areas used for living space, storage or for the operating and maintenance of the dwelling; in all other buildings, cellar and basement areas used only for storage or for the operating and maintenance of the building; and
[L.L. No. 1-2018, § 1]
(c) 
Any areas devoted only to accessory off-street parking or loading.
3-1.1.15. 
FLOOR AREA RATIO — The gross floor area of all buildings on a lot divided by the lot area.
3-1.1.16. 
GROUP CARE FACILITY — A facility licensed or supervised by an appropriate state or federal agency to provide resident services and twenty-four-hour supervision for seven to 12 persons. Such a facility is headed by agency-approved staff and functions as a single housekeeping unit. This category includes group homes, family care group homes and community residences.
3-1.1.17. 
HEIGHT —
(a) 
Except as provided in Subsection (b), the vertical distance in feet and in stories measured from the curb level to the highest level of the roof surface of roofs the slope of which is not more than one-inch vertical to one-foot horizontal or the mean point between the eaves and the highest point of the roof if the roof is of any other type.
(b) 
For one- and two-family dwellings, the vertical distance from the average level of the finished grade along the wall or walls of the building facing the street to the highest level of the roof surface of roofs the slope of which is not more than one-inch vertical to one-foot horizontal or the mean point between the eaves and the highest point of the roof if the roof is of any other type.
HOTEL — A facility offering sleeping accommodations on a temporary basis for compensation to the general public and not exclusively designed for independent housekeeping and wherein twenty-four-hour desk service is provided and further wherein no more than 15% of the guest rooms shall be more than one bedroom.
In order to constitute a hotel, one or more of the following services must be provided:
a.
Housekeeping;
b.
Telephone;
c.
Bellhop service; or
d.
The furnishing or laundering of linens.
Within a hotel, permitted accessory uses shall include, but not be limited to, public dining, recreation space, lounge, pool and/or meeting rooms. A hotel may also provide for extended-stay accommodations wherein guests who have a permanent residence elsewhere may stay for multiple nights.
The term "hotel" shall not include motel, rooming or boardinghouse or a single-room occupancy facility. Within a hotel, rooms or units shall not be rented to the same person or entities for more than 90 days in any three-hundred-sixty-five-day-period.
3-1.1.18. 
LOT — Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.
3-1.1.19. 
LOT, CORNER — A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°.
3-1.1.20. 
LOT DEPTH — The minimum distance from the street line of a lot to the rear lot line of such lot.
3-1.1.21. 
LOT LINE — Any boundary of a lot other than a street line.
3-1.1.22. 
LOT LINE, REAR — The lot line generally opposite to the street line.
3-1.1.23. 
LOT WIDTH — The width of a lot measured along a line drawn parallel to the street line through the point of existing or proposed construction nearest to such street line.
3-1.1.24. 
NONCONFORMING BUILDING USE — A lawful building or use that does not conform to the regulations prescribed for the district in which it is situated.
3-1.1.25. 
PARKING SPACE — A paved or surfaced space which, exclusive of driveways and turning areas, is nine feet wide by 20 feet long and which is accessible and available at all hours for the parking of one passenger car.
3-1.1.26. 
PLAT — See "lot."
3-1.1.27. 
SATELLITE EARTH STATION (OR DISH ANTENNA) — A combination of (1) antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; (2) a low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; (3) a coaxial cable whose purpose is to carry the signals into the interior of the building.
3-1.1.28. 
SATELLITE EARTH STATION (OR DISH ANTENNA), HEIGHT — The height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the bottom of the base which supports the antenna.
3-1.1.29. 
SENIOR CITIZEN HOUSING — Residential buildings containing a minimum of 10 residential units, each of which shall be at least 300 square feet in size and contain a bathroom, and which are designed to accommodate one or more persons at least 55 years of age or older, such as but not limited to independent living apartment units, assisted living facilities or similar facilities, except that a nursing home facility or nursing home facilities, or similar facilities that require a permit from the New York State Department of Health, are not included within this definition. Senior citizen housing may include common kitchen or dining facilities, provided that such facilities are not open to the general public. If senior citizen housing is restricted to persons of a specified minimum age, it shall comport with applicable provisions of the Fair Housing Act, the Americans with Disabilities Act and any other applicable federal and state laws.
3-1.1.30. 
SIGN — Any letter, word, model, banner, pennant, insignia, trade flag or other device or representation used as, or which is in the nature of, an advertisement, announcement or direction, but excluding any public traffic or directional signs.
3-1.1.31. 
STORY — That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
3-1.1.32. 
STORY, HALF — Any space partially within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
3-1.1.33. 
STREET LINE — The dividing line between a lot and a street.
3-1.1.34. 
STRUCTURAL ALTERATION — Any change in the supporting members of a building.
3-1.1.35. 
USABLE OPEN SPACE — An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, and which is available and accessible to all occupants of the building or buildings on the lot for purposes of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all the occupants by means of access other than stairs.
3-1.1.36. 
USE, ACCESSORY — A use customarily incidental and subordinate to the main use on a lot, whether such accessory use be conducted in a principal or accessory building.
3-1.1.37. 
YARD, FRONT — An unoccupied ground area fully open to the sky between the street line and a line drawn parallel thereto through the point of an existing or proposed building or structure closest to such street line. (See Note.)
3-1.1.38. 
YARD, REAR — An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto through the point of an existing or proposed building or structure closest to such rear lot line. (See Note.)
3-1.1.39. 
YARD, SIDE — An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto through the point of an existing or proposed building or structure closest to such property line, and between the front and rear yards. (See Note.)
(NOTE: If any lot line is less than 10 feet in length, or if the lot comes to a point or the line is not straight, the respective lot line shall be deemed to be a line parallel to the opposite lot line, not less than 10 feet long, lying wholly within the lot, and farthest from the opposite lot line.)