The growing of field crops or raising of livestock, not including the retail sale of the resulting products.

A device used for the transportation of one or more persons or goods through the air, whether heavier than air or lighter than air, including airplanes, balloons, dirigibles, helicopters and gliders.

An area for the landing and takeoff of aircraft.[1]

One or more rods, panels, discs or similar devices used for the transmission and/or reception of radio frequency signals, which may include omnidirectional antennas (whip), directional antennas (panel) and parabolic antennas (disc).

A business enterprise primarily engaged in professional tree planting, maintenance, trimming and removal operations and plant care operations, including the indoor or containerized storage of plant health materials generally related to the operation of an arborist service.

An antenna array that is attached to an existing building or structure (attachment structure), with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure; connection cables; and an equipment facility which may be located either inside or outside of the attachment structure.

An establishment used for major repair, body work, painting, rental, greasing, washing, servicing, adjusting or equipping of automobiles, other motor vehicles or their equipment.

The sum of the existing grade elevations taken at the extreme front right and left limits of the proposed building as viewed from the street, divided by two. However, in the event that the existing grade shall be altered to lower the ground, the lowered ground surface shall be used as the existing grade for this calculation. In the event that the existing grade slopes down from the street line to the proposed building, and if fill is to be placed on the lot to raise the grade adjacent to the proposed building, the lower of such raised grade or the grade at the street line shall be used as the existing grade for this calculation.

For any single side of a building, the sum of the finished grade elevations taken at the extreme right and left limits of that side of the building, divided by two.

A business enterprise primarily engaged in the retail sale of alcoholic beverages for consumption on the premises.

A portion of a building partly underground, but having less than half its clear height below the average grade of the adjoining grade. See also "cellar."

An establishment offering the housing or feeding of horses for gain.

The Board of Appeals of the Village of Wesley Hills.

The Board of Trustees of the Village of Wesley Hills.

Any structure having a roof, self-supporting or supported by columns or walls, which is permanently affixed to the ground and intended for the shelter, housing or enclosure of persons, animals or chattel.

A building subordinate to the main building on the lot and used for purposes customarily incidental to that of the main building. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

Any structure partially or totally supported by air pressure.

The maximum horizontal cross section of a building, including porches, balconies and raised platforms, but excluding cornices, roof overhangs, gutters or chimneys projecting not more than three feet, and steps and terraces not more than three feet above the average adjacent ground elevation.

The Building Code is the code adopted by the Board of Trustees of the Village of Wesley Hills, or, if none has been adopted, the New York State Uniform Fire Prevention and Building Code, promulgated pursuant to § 377 of the Executive Law, as the same may be amended from time to time.

That percentage of the land area covered by the combined building area of all buildings, excluding any buildings or structures located completely below ground.

The side of a building facing and most parallel to the front lot line.

The vertical distance, measured from the average existing grade at the front of the building adjacent to the exterior wall, to the eave of the largest roof. For buildings with a gable type roof facing the front of the building, the average elevation of the eave of the largest roof and the corresponding ridge shall be utilized in place of the eave of the largest roof.

A building in which is conducted the principal use of the lot on which such building is located.

An establishment offering services to the general public or the business community, except for an office of a physician, chiropractor, dentist, psychologist, psychiatrist, ophthalmologist, optometrist, optician, speech pathologist, speech audiologist, or other health-related professional, or a veterinary office.

An establishment, including facilities for seasonal use, organized for recreational or athletic purposes.

A portion of a building partly or wholly underground, having half or more than half of its clear height below the average grade of the adjoining ground. See also "basement."

A place containing graves or tombs for the interment of the dead. Excluded are cemeteries not operated by religious uses or cemeteries for animals.

A transfer from one person to another person of the right to legal possession, whether by ownership, rental, or otherwise, of any building, structure, or lot or portion thereof.

A change in the use of a building, structure or lot or portion thereof which results in a difference in requirements for off-street parking as shown on the Schedule of Parking and Loading Requirements (§ 230-31) of this chapter.

The mounting or installation of an additional antenna array on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, provided that such existing tower, building or structure was previously granted or deemed to have been granted a special permit as a wireless telecommunications facility.

An establishment offering the use of horses for compensation.

A lot located at the junction of and fronting on two or more streets intersecting at an angle of less than 135°.

An establishment for providing care for 10 or more children operated in accordance with the Social Services Law of the State of New York (see Social Services Law § 390). For the purposes of this chapter, a nursery school shall be deemed to be a day-care center.

A black, dark green, or dark brown plastic or metallic threaded network or grid of at least 90% open construction.

A business enterprise engaged primarily in the retail sale of prepared food and beverages and in which tables, chairs or counters for the consumption of food on the premises are not provided.

See "nonconforming, dimensionally."

See "nonconformity, dimensional."

A building that is operated by a school located on the same lot, the purpose of which is only to provide living accommodations for full-time students attending the school, adult staff residents responsible for the overnight supervision of such students, and members of the families of such adult staff residents.

A driveway having two separate entrances onto any street or streets, as approved pursuant to § 230-34 of this chapter.

A building containing a single principal dwelling unit and occupied by only one family and located in its own separate building which does not abut any other dwelling unit.

A building or portion thereof providing complete housekeeping facilities for one family, including independent cooking, sanitary and sleeping facilities, and physically separate from any other dwelling unit, whether or not in the same building.

The lowest point of the roof of a building. However, for a roof where any portion thereof is steeper than 15 on 12, the eave shall be the point in the roof where the roof slope becomes steeper than 15 on 12.

A horizontal square wholly contained within the boundaries of a lot whose dimensions correspond to the minimum requirements for the district in which it is located, as specified in this chapter (and within which square there shall be one potential house site which is outside of the area regulated by Chapter 221, Wetlands, of the Code of the Village of Wesley Hills and which conforms to all requirements of applicable laws and regulations, as determined by the Planning Board).

Any structure, including but not limited to cabinets, shelters, a build-out of an existing structure and pedestals, used to contain ancillary equipment as part of a wireless telecommunications facility.

The natural surface of the ground as depicted by the topographic data of the Rockland County Aerial 2000 Data, based on flight date April 2000, or superior quality data such as an actual field survey of existing conditions on or about that date, if available.

The vertical distance of any single side of a building measured from the highest point of the roof to the average finished grade on that side of the building.

Either:

An establishment offering agricultural products grown or raised on the premises for retail sale.[2]

Any structure, including a wall or gate, regardless of composition except those comprised of living plants, that is erected or maintained for the purpose of enclosing, separating or screening a piece of land or to divide a piece of land into distinct portions.

The elevation of the completed surfaces of lawns, landscaped areas, walks, driveways and parking areas or of the existing ground where it remains undisturbed.

See "lot frontage."

See "lot line, front."

See "yard, front."

All impervious surfaces located within a front yard.

The total amount of front yard impervious surface on a lot divided by the area of the front yard.

An establishment used for the sale of motor fuels and which may include the sale of motor vehicle accessories and facilities for lubricating, washing, or otherwise servicing motor vehicles, but not including body work, major repair or painting.

The total floor area of all floors of all buildings on a lot, including all areas with headroom of 75 inches or more. However, for one-family detached dwellings, the total floor area shall not include the floor area of garages, sheds, and accessory buildings not used as a residence.

An establishment providing day-care services for children within a single-family dwelling unit in accordance with § 390 of the Social Services Law of the State of New York.

The uppermost story of a building under a sloping roof with a minimum pitch of eight vertical to 12 horizontal and in which the floor area with a ceiling height of 7 1/3 feet is 1/3 or less of the floor area of the story below it.

Any business, professional, artistic or educational activity conducted within a main building or an accessory building on a lot by any of the residents of the dwelling unit on such lot, directed toward the generation of a fee or other income (whether or not such use is carried on for profit), which activity is clearly incidental and subordinate to the use of such dwelling unit for dwelling purposes and to the principal use of such lot for residential purposes, and which activity does not change the character thereof.

A home business that is conducted without generating any trips or requiring any visits (for any purpose, including pickups or deliveries other than regular mail, commercial mail service, and next-day courier service) by nonresidents of the dwelling unit on the lot upon which the home business is located.

An individual who resides in a dwelling unit and who owns, rents or otherwise has legal possession of the unit.

Those surfaces which do not absorb stormwater. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete, asphalt or packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the Village Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.

The total amount of impervious surface on a lot divided by the lot area.

A business enterprise primarily engaged in professional plant and lawn health care operations, including the indoor or containerized storage of plant health materials generally related to the operation of landscape services and maintenance, and seasonal snowplowing services.

An off-street space available for the loading or unloading of goods, not less than 15 feet wide, 40 feet long, and with a minimum overhead clearance of 14 feet.

A parcel of land, not divided by streets, together with such yards as are required by the provisions of this chapter, and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provisions of law to be suitable as a condition of the issuance of a building permit on the lot.

The total horizontal area included within the boundaries of the lot.

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

A property line bounding a lot.

Any lot line separating the lot from the street.

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

Any lot line other than a front lot line and the rear 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 building in which is conducted the principal use of the lot on which such building is situated.

The following roads located within or adjacent to the Village of Wesley Hills: Route 202, Route 306, Grandview Avenue, New Hempstead Road, Union Road, Forshay Road, Wilder Road, Pomona Road (New Pomona Road), Lime Kiln Road, Willow Tree Road, East Willow Tree Road, McNamara Road (between New Hempstead Road and East Willow Tree Road only), and Spook Rock Road.[3]

The use of a single-family residence, on a regular basis, subordinate to its use as a single-family residence, for an assembly of people, provided that the portion of the building used for the gathering does not exceed the lesser of 750 square feet or 15% of the floor area of the building containing said residence and does not exceed the percentage of use that would cause the building to be out of compliance with all applicable building codes of New York State, including, without limitation, the Residential Code of New York State and the Existing Building Code of New York State, and further provided that there is no intent thereby to generate fees for such use of the premises. For the purpose of this definition, the phrase "on a regular basis" shall mean such use for three or more days in a week for more than two weeks in a year.[4]

A freestanding pole having a single point of location on the ground comprising a part of a wireless telecommunications facility. For purposes of this chapter, the term "monopole" shall include, in addition to the pole, all other components of the wireless telecommunications facility.

A group of property owners organized for recreational, athletic, social or cultural purposes and including land, buildings, and facilities located in the neighborhood in which the members reside.

The use of a building on a regular basis for an assembly of people, which does not qualify as a minor neighborhood gathering. In the event that a single-family residence is being used for the neighborhood gathering, such use must be without any intent thereby to generate fees for such use of the premises. For the purpose of this definition, the phrase "on a regular basis" shall mean such use for one or more days in a week for more than two weeks in a year.[5]

See "nonconformity, dimensional."

A lot which does not conform to the dimensional requirements of this chapter with respect to minimum lot area, minimum lot frontage, minimum lot width, or minimum effective square.

A use of a building, structure or land that does not conform to the use regulations of this chapter, which use was lawful under the zoning ordinance in effect at the time the use was established.

The status of a building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, floor area ratio, off-street parking, loading or similar dimensional requirements of this chapter, and which conformed to such dimensional requirements of the local law in effect at the time such building or structure was established.

A corporation formed or existing under the Not-For-Profit Corporation Law of New York State.

See "day-care center."

See "dwelling, one-family detached."

An off-street space available for the parking of one motor vehicle on a transient basis.

A parking space located in a fully enclosed structure.

A person using the services of an establishment.

Any individual or group of individuals, corporation, partnership, association, limited-liability company, trust, or any other entity, including state and local governments and agencies.

Establishments that offer a service to the public, including dry cleaners, barbershops, hairdressers, shoe repair shops, tailors and seamstresses, but not including repair of automobiles or other vehicles, laundromats, or betting parlors operated by the State of New York.

The Planning Board of the Village of Wesley Hills.

Fertilizers, pesticides, and insecticides, including beneficial insects, bacteria and fungi used to improve nutrient uptake, plant/soil symbiosis, and the control of harmful pests and diseases related to the operation of an arborist service, landscape service, or wholesale nursery use.

For all necessary uses and special permit uses for which practical access to a major road is a requirement, the phrase "practical access" means that it must be reasonably possible for actual vehicular access to be designed and constructed along the particular frontage under consideration for that use. It does not require that such access must be constructed or included in an approved site plan if the Planning Board, in the exercise of its discretion, deems it to be in the public interest for the actual vehicular access to be designed along other available frontage.

A not-for-profit corporation organized to cater exclusively to its members and their guests, including land, buildings, and facilities for recreational, athletic, social, professional and cultural purposes. The members of the organization shall have a financial interest in, and method of control of, the assets and management of the private membership club.

An educational institution operated by a public school district in accordance with the Education Law of the State of New York.

Any person duly authorized to furnish to the public, under public regulation, electricity, gas, water, sewage treatment, steam, cable TV or telephone or telegraph service.

See "lot line, rear."

See "yard, rear."

A vehicle, such as a camper or a motor home, used for traveling or recreational activities.[6]

Facilities designed and used for active and passive participatory athletic and general recreation activities, such as health clubs, gymnasia, dance halls, skating rinks, swimming pools, tennis courts, ball fields, bowling alleys and billiard rooms; excluded are facilities intended for spectator activities such as stadia and arenas, and any structure in which is maintained for the amusement, patronage or recreation of the public more than three electronic games.

A business enterprise not including a bar or offering any entertainment of any sort, engaged in serving and preparing food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress, and consumed on the premises. Alcoholic beverages may also be sold for consumption on the premises.

A business enterprise primarily engaged in the retail sale of food and beverages served in disposable containers and selected by patrons from a limited number of prepared, specialized items such as, but not limited to, hamburgers, chicken, fish and chips, pizza, ice cream, tacos and hot dogs, for consumption either on or off the premises, in a facility where a substantial portion of the sales to the public is by stand-up service and does not include drive-in service. The term "fast-food restaurant" shall not include bakeries, delicatessens, or similar types of retail establishments.

Establishments that deal in the sale of goods directly to the public, not including gasoline stations or the sale of pornographic literature.

An occupant of a rooming unit.

One or more rooms, with or without private bathroom facilities, but without cooking facilities, which are rented or available for rent and which are located within a dwelling unit.

A device, generally parabolic in shape, the purpose of which is to transmit and/or receive communication, data, or other signals from satellites and/or land-based sources, but which does not include conventional antennas intended to receive signals from television broadcast stations or radio.

An educational institution licensed by the New York State Department of Education.

A group of architecturally unified commercial establishments with a total gross floor area in excess of 25,000 square feet and with at least 10 independent tenants, built on a site that is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the traveled area that it serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

See "lot line, side."

See "yard, side."

Any structure, or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, work, model, banner, emblem, light, device, trademark or other representation used as an announcement, designation, direction, display or advertisement of any person, firm, group, organization, commodity, service, profession or enterprise when placed in such a manner that it provides visual communication to the general public out-of-doors.

The area which results from the multiplication of the outside dimensions of a sign; the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure shall not be included in determining these dimensions, unless such supports are clearly a part of the message of the sign. Where a sign is on a plate or outlined or framed, all of the area of such plate or the area enclosed by such outline or frame shall be included. Where the sign consists of individual letters or symbols attached to or painted on a surface, the area shall be considered to be that of the smallest single rectangle which encompasses all of the letters or symbols. Where the sign consists of multiple plaques or parts, the sign area shall be the total area of all such parts. The area of all signs that can be seen from more than one side shall be considered to be the area of the largest side on which the message appears.

The use of a one-family dwelling as a place where one family actually resides.

A map showing the design for the layout, arrangement and use of buildings and land, including accessory uses, facilities and services, and meeting the requirements of Article X of this chapter.

A device or combination of devices which relies upon solar radiation as an energy source that is employed for the purposes of the heating or cooling of a building, the heating of water or the generation of electricity.

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the average finished floor level directly above a basement or cellar, measured along each exterior wall at four-foot intervals, is more than six feet above the approved finished grade, such basement or cellar shall be considered a story.

An existing state, county, town or Village highway or road, or a way shown on a subdivision plat approved by the Planning Board of the Village of Wesley Hills or Town of Ramapo, or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board of the Town of Ramapo and the grant to such Board of the power to approve subdivision plats, including all of the land within the right-of-way.

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Included are swimming pools and tennis courts, but not anything requiring only simple paving or surfacing of the ground, such as parking lots, driveways or sidewalks.

A structure (other than an accessory building) subordinate to the main building on the lot and used for purposes customarily incidental to that of the main building.

Any structure designed and constructed to support an antenna array.

A man-made body of water or receptacle for water having a depth of more than 20 inches and a water surface area of more than 80 square feet and constructed, installed or maintained in or above ground outside any building. For purposes of yard requirements, a "swimming pool" shall include adjacent decks, patios, diving boards, slides, equipment, machinery, and other appurtenances extending above ground, but shall not include fences.

A "terrace" is a flat platform covered with a surface material. A terrace which has a roof and which is attached to a building shall be considered a porch.

The specific purpose for which land, water, a building or a structure is designed, arranged, intended or for which it is or may be occupied or maintained.

A use which is customarily incidental and subordinate to the principal permitted use on the lot and located on the same lot therewith, except that, where specifically provided, accessory off-street parking need not be located on the same lot. An accessory use may not be accessory to another accessory use.

The main use of a structure or lot.

A use allowed in a district, subject to the issuance of a special permit by the Planning Board in accordance with the provisions of Article VI of this chapter.

A business enterprise primarily engaged in wholesale nursery sales and inventory maintenance, including, but not limited to, plants, plant materials, mulch, stone, and other materials (including the indoor or containerized storage of plant health materials) generally related to the operation of a wholesale nursery.[7]

Any personal wireless service as defined in the Federal Telecommunications Act of 1996 which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed.

An unstaffed facility for the transmission and/or reception of wireless telecommunications services, or a wireless tower or base station within the meaning of 47 U.S.C. § 1455(a), usually consisting of an antenna array, connection cables and equipment facility, and a support structure to achieve the necessary elevation.

Open space on the same lot as a building or structure, which open space lies between the building or structure and the nearest lot line. A yard shall be measured as the shortest distance between the building or structure and the lot line.

A yard extending the entire length of the front lot line and lying between the front lot line and the nearest part of the main building.

A yard extending the entire length of the rear lot line and lying between the rear lot line and the nearest part of the main building.

A yard between a side lot line and the nearest part of the main building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front and rear lot line, as the case may be.