Yorktown City Zoning Code
ARTICLE II
Definitions
§ 300-3 Definitions; word usage.
A.
General construction of language. 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. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. The word "use" shall be deemed also to include "designed, intended or arranged to be used." The word "person" includes any legal entity, as well as an individual. Unless otherwise specified, all distances shall be measured horizontally. The word "Town" means the Town of Yorktown; the term "Town Board" means the Board of Councilmen and the Supervisor of said Town; the term "Board of Appeals" means the Zoning Board of Appeals of said Town; the term "Planning Board" means the Town Planning Board of said Town; the term "Town Plan" means the plan adopted by the Town Planning Board pursuant to § 272-a of the Town Law.
B. ABACA ACCESSORY DWELLING UNIT ADULT BOOKSTORE ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT MOTION-PICTURE THEATER ADULT USE ENTERTAINMENT ADVERTISING ALTER AMUSEMENT CENTER APPROVAL AUTHORITY AREA, BUILDING AREA, SITE BANQUET HALL BASEMENT BOARDINGHOUSE BUILDING BUILDING, ACCESSORY BUILDING FRONT BUILDING LENGTH BUILDING, MAIN BUILDING WIDTH BUSINESS CAMP CAMP, DAY CHARITABLE INSTITUTION CLUB, NONPROFIT MEMBERSHIP COMMERCIAL COMPLEX COMMERCIALLY DEVELOPED PARCEL COMMERCIAL RECREATION FACILITY CONVALESCENT HOME or NURSING HOME COPY COURT COURT, INNER COURT, OUTER COVERAGE DISTRICT(1) (2) (3) (4) DISTRICTS, MORE RESTRICTED OR LESS RESTRICTED DWELLING DWELLING, GROUP DWELLING, MULTIFAMILY DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT EDUCATIONAL INSTITUTION, PRIVATE ELECTRIC VEHICLE ("EV") CHARGING STATION ELECTRONIC VISUAL OUTPUT DEVICE ELEEMOSYNARY INSTITUTION ERECT EXPRESSWAY FACADE FACADE AREA FAMILY FAMILY DAY-CARE HOME FARM, FARM USE; CUSTOMARY FARM OCCUPATION FEEDER ROAD FILED MAP FLOOR AREA FLOOR AREA RATIO (FAR) FLOOR AREA RATIO, USABLE FLOOR AREA, USABLE FOWL FRONTAGE GARAGE, PRIVATE GARAGE, PUBLIC GASOLINE FILLING STATION GRADE, FINISHED HEIGHT OF BUILDING(1) (2) (3) HELISTOP HIGHWAY INTERCHANGE HOME OCCUPATION HOSPITAL HOTEL HOUSE, ROW or TOWN HOUSE TRAILER, IMMOBILE HOUSE TRAILER, MOBILE INHABITANT JUNKYARD KITCHEN LOADING SPACE LOT LOT AREA LOT, CORNER LOT DEPTH LOT, INTERIOR LOT LINE, FRONT LOT LINE, REAR LOT LINES LOT LINE, SIDE LOT WIDTH (AT ANY POINT) MASSAGE MASSAGE ESTABLISHMENT MASSAGE TECHNICIAN MOTEL NONCOMMERCIAL DOG KENNEL NONCONFORMING USE NURSERY, DAY NURSERY SCHOOL NURSING HOME OFFICIAL MAP OUTDOOR DINING AREA PARKING AREA PARKING FOR THE HANDICAPPED PARKING SPACE PARKWAY PERMANENT PERMITTING AUTHORITY PERSON PET CARE FACILITY RECYCLING FACILITY REGIONAL SHOPPING CENTER RESIDENCE RESTAURANT ROOF LINE ROOMING HOUSE SCHOOL, PRIVATE SCHOOL, PUBLIC SELF-STORAGE CENTER SENIOR CITIZENS' DEVELOPMENT SEXUAL ACTIVITIES SIDEWALK SIDEWALK CAFE SIGN SIGN, ACCESSORY SIGN, ANNOUNCEMENT SIGN AREA SIGN, BUILDING SIGN, CANOPY SIGN, ELECTRIC SIGN FACE SIGN FACE AREA SIGN, FREESTANDING SIGN HEIGHT SIGN, ILLUMINATED SIGN, PORTABLE SIGN, REAL ESTATE DEVELOPMENT SIGN, REAL ESTATE DIRECTIONAL SIGN, ROOF SIGN STRUCTURE SIGN, TEMPORARY SIGN, TEMPORARY OPINION SIGN, VEHICLE SPECIALIZED RESIDENTIAL DEVELOPMENT, AGE-ORIENTED COMMUNITY(1) (2) SPECIALIZED RESIDENTIAL DEVELOPMENT, AGE-ORIENTED GERIATRIC COMMUNITY SPECIALIZED RESIDENTIAL DEVELOPMENT, SENIOR CITIZENS STAND, TEMPORARY ROADSIDE STORY STORY, HALF STREET STRUCTURAL ALTERATION STRUCTURE TEMPORARY TOURIST HOME UNIT USE USE ACCESSORY VALET PARKING VETERINARY HOSPITAL YARD YARD, FRONT YARD, REAR YARD, SIDE
Definitions. For the purposes of this chapter, certain words and terms used herein are defined as follows:
The Town's Advisory Board on Architecture and Community Appearance.
[Added 5-18-1999 by L.L. No. 7-1999]
A subordinate dwelling unit having its own kitchen and bathroom facilities, located within the confines of the main building, including the garage, if attached thereto. A garage or other accessory structure attached to the main building by a breezeway or other covered means shall not qualify as an accessory dwelling unit.[1]
[Amended 2-15-1983 by L.L. No. 2-1983; 1-5-1988 by L.L. No. 3-1988]
A person, establishment or business, whether retail or wholesale, having as 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.
[Added 6-6-1995 by L.L. No. 8-1995]
A public or private establishment which presents topless dancers, bottomless 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.
[Added 6-6-1995 by L.L. No. 8-1995]
A motel which is open to the public generally, but excludes minors by reason of 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.
[Added 6-6-1995 by L.L. No. 8-1995]
An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.
[Added 6-6-1995 by L.L. No. 8-1995]
Any activity covered by the definitions of "adult bookstore," "adult motion picture theater," "adult entertainment cabaret," "adult motel" and "massage establishment."
[Added 6-6-1995 by L.L. No. 8-1995]
Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment or real or personal property.
[Added 5-18-1999 by L.L. No. 7-1999]
To change or rearrange the walls, roof, ceiling, floors, supporting beams, columns, other structural parts, interior plan or layout, the exterior architectural features or the exit facilities of a structure or the moving of a building from one location or position to another, but not including the moving of a house trailer.
Any place or enclosure in which is maintained or operated for the amusement, patronage or recreation of the public four or more coin-controlled amusement devices of any description and particularly, but not by way of limitation, the type commonly known as "bagatelle," "baseball," "football," "iron claw," "pinball" and "video amusement games."
[Added 10-20-1981 by L.L. No. 17-1981]
The approval authority with respect to any sign application shall be the Town agency having jurisdiction over the underlying land use application or proceeding.
[Added 5-18-1999 by L.L. No. 7-1999]
The total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets and steps.
The total horizontal area within the property lines of a site, excluding external streets.
An establishment which is rented by individuals or groups to accommodate private functions, including, but not limited to, banquets, weddings, meetings and other similar celebrations or events as its primary use. Such a use may or may not include:
[Added 7-19-2005 by L.L. No. 8-2005]
That portion of a building wholly or partly underground which extends no more than four feet above the adjoining finished grade.
A dwelling occupied by one family with three or more boarders, roomers or lodgers in the same household, who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants. A rooming house or a furnished rooming house shall be deemed a "boardinghouse."
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
A subordinate building, whether or not attached to the main building via a breezeway or connecting corridor, the use of which is customarily incidental to that of a main building on the same lot.
The width of any one specific facade of a building.
[Added 5-18-1999 by L.L. No. 7-1999]
The horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of the longest side or greatest length.
A building in which is conducted the main or principal use of the lot on which said building is situated.[2]
The horizontal distance between the furthermost walls of a building, measured at right angles to the axis of its longest side.
Any person, firm, association, partnership, corporation or other entity for profit.
[Added 6-6-1995 by L.L. No. 8-1995]
Any area of land or water, including any building or group of buildings, used for temporary or seasonal living, camping or recreation purposes, but excluding publicly owned areas or buildings used for such purposes.
Any camp, as defined in this chapter, offering day care or instruction for adults or children and not qualifying as a private educational institution nursery school or day nursery, as defined in this chapter.[3]
A place, building or structure designed or used for any of the following purposes: home for the aged, orphanage operated as an accessory use to a religious institution, all of which are operated on a nonprofit basis and supported and financed solely by charitable funds; and extensions of welfare uses and research for the public health in existence in the Town prior to the date this chapter becomes effective and operated on a nonprofit basis and supported and financed solely by public or charitable funds.
An organization catering exclusively to members and their guests; or premises and buildings for recreational, educational, religious, charitable, civic, fraternal or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club.
A commercial site other than residential or agricultural, consisting of a parcel of property or parcel of contiguous properties, existing as a unified or coordinated project (whether or not under unified ownership), with a building or buildings housing more than one business occupant.
[Added 5-18-1999 by L.L. No. 7-1999]
A parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes.
[Added 5-18-1999 by L.L. No. 7-1999]
Any area of land or water, including any building or group of buildings, open to use by or catering to the general public, where recreational, athletic or amusement facilities are provided and operated primarily for profit, but not including any outdoor or drive-in theaters or any facilities for automobile or animal racing.
Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept or boarded or housed for hire, other than municipal or incorporated hospitals and establishments for the care of the mentally ill licensed by the State Commissioner of Mental Hygiene and maternity homes licensed by the State Commissioner of Health.
The linguistic or graphical content of a sign.
[Added 5-18-1999 by L.L. No. 7-1999]
An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
A court enclosed on all sides by the exterior walls of a building.
A court extending to a street line or opening upon any front, side or rear yard.
That percentage of the lot area covered by the combined area of all buildings or structures on the lot.
[4]RESIDENCE DISTRICTAny district prefixed by "R."
COMMERCIAL DISTRICTAny district prefixed by "C."
LABORATORY OR OFFICE DISTRICTAny district prefixed by "OB."
INDUSTRIAL DISTRICTAny district prefixed by "M."
Districts shall not be deemed to be more restricted or less restricted one to the other, except as specified in § 300-8.
A building, structure or immobile house trailer designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include motel, hotel, boarding or rooming house, mobile house trailer, tourist home or tent.
A group of two or more one-family, two-family or multifamily dwellings occupying a lot in one ownership and having a yard or yards in common.
A building or portion thereof containing three or more dwelling units.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building or portion thereof or immobile house trailer, which is used, occupied or maintained as living quarters for one family only and providing complete housekeeping facilities; except that for specialized housing as provided for in RSP Districts, living quarters may consist of sleeping accommodations only, plus individual bathrooms, such dwelling unit having one full kitchen only, free access within the dwelling unit on all floors, one main entrance and only one meter each for gas, electricity and water.
[Amended 2-15-1983 by L.L. No. 3-1983]
Any nonpublic school or other organization or institution conducting a regularly scheduled comprehensive curriculum of study similar to that of the public schools and operated by nonstock corporations under the Education Law of this state.[5]
An apparatus designed to provide electric battery charging for electric powered vehicles and installed in publicly accessed parking areas and lots.
[Added 4-19-2022 by L.L. No. 4-2022]
An electronic illuminated screen similar to a computer or television monitor or display, whether monochrome or colored, and of common types such as cathode ray tube (CRT), thin film transistor (TFT), liquid crystal display (LCD), light-emitting diode (LED) or organic light-emitting diode (ODED).
[Added 4-19-2022 by L.L. No. 4-2022]
Same as "charitable institution," as defined herein.
To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but it shall not include any of the foregoing activities when performed as an incident to the change of a sign message or routine maintenance.
[Added 5-18-1999 by L.L. No. 7-1999]
A major highway of unrestricted use, designed for high-speed, high-volume traffic flow, with at least two lanes in each direction that are separated by a median strip or dividing barrier; such highway embodying the concept of grade-separated intersections and prohibitions of direct access, except at designated interchanges.
A principal face of a building.
[Added 5-18-1999 by L.L. No. 7-1999]
The facade area of a building or of a commercial unit within a building shall be measured by determining the area within a two-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees and roof slopes of greater than 45º that form a side of such building or unit.
[Added 5-18-1999 by L.L. No. 7-1999]
One or more persons occupying a dwelling unit and living as a single housekeeping unit with kitchen facilities and other rooms used in common.
A program which provides care for at least three but not more than six children away from their home but in the applicant's own home for more than three hours per day. A family day-care home, as defined herein, is a permitted main use; however, it is subject to licensing by the New York State Department of Social Services.
[Added 2-15-1983 by L.L. No. 3-1983]
The use of a parcel of land five acres or more, either as a principal or accessory use, for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides, but shall not include the breeding, raising or maintaining of fur-bearing animals, riding academies, livery stables or animal kennels. A garden, accessory to a residential use and on a parcel of land of less than five acres, shall not be deemed a "farm" or "farm use." A "customary farm occupation" shall be the conducting of usual farm activities and shall include the processing of the products of only the farm on which such processing is conducted, and shall include retail sale of any farm products grown or produced on the premises, as hereinafter specified.
An improved major roadway leading to access to an expressway or parkway.
Any map, survey or plat filed in the County Clerk's office of Westchester County, Division of Land Records.
Includes all floor areas within the exterior walls of the building, including attic and basement areas, that have a floor-to-ceiling height of four feet or more.
The total floor area of the building or buildings divided by the total lot area of the project.
The total floor area, usable, divided by the total lot area of the project.
When applied to dwellings and other residential projects, includes all floor area used for human occupancy within the exterior walls of the building or buildings, including basement areas (other than furnace rooms) directly accessible from any one apartment, but shall not include open porches or breezeways, common corridors and stairways, garages, cellars, uninhabitable attic spaces and meter sheds and separate areas in buildings and structures used in common, such as community rooms.[6]
[Amended 6-15-1982 by L.L. No. 6-1982]
Chickens; ducks.
[Added 7-1-2014 by L.L. No. 2-2014]
The extent of an individual parcel of land to which there is legal access along a street or highway.
An accessory building or part of a main building used primarily for the storage of motor vehicles as permitted by the Schedule of Regulations.
[7]A building or part thereof used for the storage, care and repair of motor vehicles for remuneration and the incidental sale of motor fuel dispensed from pumps located within the garage building, including any sale of motor vehicle accessories or rental of motor vehicles.
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or motor vehicle accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including body work, major repair or painting thereof by any means.
At any point along the wall of a building, the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.
The vertical distance to the level of the highest point of the roof, if the roof is flat, or to the mean level between the eaves and the highest point of the roof, if the roof is of any other type, measured as follows:
If the building adjoins the front property line or is not more than 10 feet distant therefrom, measured at the center of the front wall of the building from the established grade of the curb or, if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building.
If the building is more than 10 feet from the front property line, measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished grade surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb.
When a lot fronts on two or more streets of different levels, the lower street or the average elevation of the lot with regard to the abutting streets may be taken as the base for measuring the height of the building.
An area used for the landing and takeoff of passenger helicopters and its ancillary outdoor tie-down space.
[Added 6-5-2012 by L.L. No. 3-2012]
The grade-separated intersection of two or more roadways, at least one of which is an expressway or parkway and designed to give smooth, safe and unimpeded vehicular access between them. It is generally comprised of ramps, approaches and blending lanes to provide such access. No direct access is permitted to the interchange ramps from abutting property.
Any use customarily conducted entirely within the main building of a dwelling and carried on only by the residents thereof, using only customary home appliances, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The maintenance of a clinic, hospital, barbershop, beauty parlor, photographer or artist salon, tea room, tourist home, animal hospital, day nursery, instructional classes for more than three people or any similar use shall not be deemed a "home occupation." Any business enterprise or activity which shall require a license or permit from the Town, or from any bureau or department of the county, state or federal governments, shall not be deemed a "home occupation."
[Amended 6-21-2016 by L.L. No. 14-2016]
Any institution or place, the primary use of which is for the reception, care and treatment of two or more persons suffering from or afflicted with any mental or physical disease, ailment, sickness, bodily injury, alcohol or drug addiction, but not including a rest home, medical clinic, nursing or convalescent home.
[Amended 12-9-1980 by L.L. No. 5-1980]
A building or portion thereof, other than a boardinghouse or furnished rooming house, motel, automobile court or tourist court, as defined herein, containing six or more rooms without individual kitchen facilities, occupied or intended to be occupied primarily by transients and where there may be a general kitchen, dining room and other public rooms for the use of all guests.
Three or more one-family dwellings sharing a common party wall or walls or having a contiguous wall or walls, each with its own front and rear entrance serving no other dwelling unit, and having no facilities in common, except sewerage or water mains or electrical conduits.
Any house trailer other than a mobile house trailer.
Any portable or movable vehicle used or designed to be used for living purposes and with its wheels, rollers or skids in place or capable of being readily moved from its location and having only temporary connections, if connected, to any water, electric or sewage disposal system.[8]
One who resides on the premises.
A place where junk, waste or discarded or salvaged materials are stored, kept or abandoned, including the dismantling, demolition, storing or abandonment of automobiles or other vehicles or machinery or parts thereof.
An area used for the cooking and preparation of food. A "kitchen" shall include a stove, refrigerator and sink. The Board of Appeals, for good cause, may allow the refrigerator to be placed in the accessory dwelling unit in an area other than the kitchen.
[Added 2-15-1983 by L.L. No. 2-1983; amended 6-5-1984 by L.L. No. 6-1984]
Any off-street space available for the loading or unloading of goods, not less than 15 feet wide, 25 feet long and 14 feet high (if covered in any manner), and having direct usable access to a street; except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.
A parcel of land, not divided by streets, occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street.
The total horizontal area included within the lot boundaries.
A lot of which at least two adjacent sides each abut for a distance of 50 feet or more on streets or public places. Any other lot is an interior lot.
The median horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line.
The lot line which is generally opposite the front lot line; if the rear lot line is less than 20 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 line not less than 20 feet long, lying wholly within the lot and farthest from the front lot line.
The property lines bounding a lot, as defined herein.
The property line or lines extending from the front lot line to the rear lot line.
The horizontal distance between the side lot lines, measured at right angles to the lot depth.
A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
[Added 6-6-1995 by L.L. No. 8-1995]
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.
[Added 6-6-1995 by L.L. No. 8-1995]
Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health care practitioner duly licensed by the State of New York.
[Added 6-6-1995 by L.L. No. 8-1995]
Automobile court and tourist court shall both be deemed to be a "motel." A series of attached, semidetached or detached dormitory units without kitchen facilities, having a private outside entrance for each unit, provided with an automobile parking space convenient to each unit and providing lodging with or without meals and other incidental services, for a transient clientele exclusively shall also be included.
Any use on a lot, whether such use is primary or otherwise, wherein 50 or more dogs are kept or maintained for a purpose other than compensation of any kind. This use may supply a private veterinary clinic, as well as training for those dogs on-site only.
[Added 10-25-2022 by L.L. No. 9-2022]
A use of a building or of land that does not conform to the use regulations in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.
A place, building or structure designed to provide care for two or more children from two to five years of age inclusive.
A program which provides care for three or more children away from home for three hours or less per day.
[Amended 2-15-1983 by L.L. No. 2-1983]
(See "convalescent home.")
A map adopted by the Town Board showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on this map.
A facility located outside any building for the purposes of selling or consuming food and/or beverages as permitted by § 300-80 herein.
[Added 7-15-1997 by L.L. No. 10-1997]
An off-street area containing one or more parking spaces with passageways and driveway appurtenant thereto, and landscaped areas and having direct, usable access to a street.
[Amended 1-15-1985 by L.L. No. 1-1985]
Parking spaces for vehicles used by the physically disabled.
[Amended 1-15-1985 by L.L. No. 1-1985]
An off-street space available for the parking of one motor vehicle on a transient basis, having direct usable access to street and having the following dimensions exclusive of passageways and driveways appurtenant thereto:
[Amended 1-15-1985 by L.L. No. 1-1985]
An expressway, the use of which is prohibited by all vehicles except passenger cars.
Designed, constructed and intended for more than short-term use.
[Added 5-18-1999 by L.L. No. 7-1999]
The permitting authority for any sign shall be the Building Inspector.
[Added 5-18-1999 by L.L. No. 7-1999]
Any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.[9]
[Added 6-6-1995 by L.L. No. 8-1995]
A commercial business providing boarding or pet-related services, including feeding, day care, exercise, training, bathing, or grooming, during the day and/or overnight.
[Added 8-8-2024 by L.L. No. 7-2024]
A facility for the collection, processing, bailing and shipping of separated recyclable nonputrescible materials such as paper, cardboard, glass, plastics, metals, electronics, wood, asphalt, concrete and resinated plastics.
[Added 9-4-2012 by L.L. No. 13-2012]
A shopping center designed to serve the retail needs of a trading area which extends beyond the immediate community. The primary trading area of such shopping center should generally cover more than 15 square miles.
The place where a person maintains a fixed, permanent and principal home, to which he, wherever temporarily located, always intends to return.
A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods, which may be required for ordinary meals.
[Added 7-19-2005 by L.L. No. 8-2005]
A horizontal line intersecting the highest point or points of a roof.[10]
[Added 5-18-1999 by L.L. No. 7-1999]
See "boardinghouse."
A school controlled and operated by private interests as a substitute for, and giving the equivalent of, instruction required in public schools operated by a local municipal corporation. No facility or institution whose primary purpose is not education shall be deemed a school.
[Added 12-9-1980 by L.L. No. 5-1980]
A free, tax-supported school operated and controlled by a local governmental authority.
[Added 12-9-1980 by L.L. No. 5-1980]
A building or group of buildings divided into separate units or compartments used to meet the temporary storage needs of businesses and residential users.
[Added 5-19-1987 by L.L. No. 13-1987]
See "specialized residential development, senior citizens."
Any act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is female, breast.
[Added 6-6-1995 by L.L. No. 8-1995]
Any area between the curbline and a structure, whether publicly or privately owed, which is used by the public or open to use by the public for pedestrian purposes.
[Added 7-15-1997 by L.L. No. 10-1997]
An outdoor dining area located on a sidewalk or other area.
[Added 7-15-1997 by L.L. No. 10-1997]
Any writing, pictorial presentation, number, illustration or decoration, flag, banner or pennant, or other device that is used to announce, direct attention to, identify, advertise, or otherwise make anything known. The term "sign" shall not be deemed to include the term "building" or "landscaping," or any architectural embellishment of a building not intended to communicate information.
[Amended 5-18-1999 by L.L. No. 7-1999[11]]
A permanent, freestanding or building sign that directs attention to a business, profession, commodity, service or entertainment conducted, sold or offered upon the same zoning lot.
[Added 7-19-2011 by L.L. No. 7-2011]
Any sign used to announce the use of the lot upon which such sign is displayed for a professional office, home occupation, boardinghouse or rooming house, religious, charitable or other institutional use or nonprofit membership club, fraternal or other nonprofit organization.
[Amended 5-18-1999 by L.L. No. 7-1999[12]]
The area which results by multiplying the outside dimensions of a sign. The vertical, horizontal or diagonal supports which may affix the sign to the ground or to a building or structure shall not be included in determining the area unless such supports are clearly part of the message of the sign. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be the smallest single rectangle which encompasses all of the letters or symbols. Where the sign consists of multiple plaques or parts, the sign shall be the total area of all such parts, measured as stated above.
[Added 5-18-1999 by L.L. No. 7-1999]
A sign located on or affixed to a building.
[Added 7-19-2011 by L.L. No. 7-2011]
A sign mounted or imprinted on a gasoline filling station canopy.
[Added 7-19-2011 by L.L. No. 7-2011]
Any sign containing electric wiring.
[Added 7-19-2011 by L.L. No. 7-2011]
The part of a sign that is or may be used for copy.
[Added 5-18-1999 by L.L. No. 7-1999]
The area of any regular geometric shape that contains the entire surface area of a sign upon which copy may be placed.
[Added 5-18-1999 by L.L. No. 7-1999]
A sign not attached to a building.
[Added 7-19-2011 by L.L. No. 7-2011]
The height of a sign shall be measured as the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher.
[Added 5-18-1999 by L.L. No. 7-1999]
A sign that contains a source of light or that is designed or arranged to reflect light from an artificial source, including indirect lighting, neon, incandescent lights and back-lighting, and shall also include signs with reflectors that depend upon automobile headlights for an image.
[Added 7-19-2011 by L.L. No. 7-2011]
Any sign that is designed to be carried by hand or transported by trailer or on its own wheels, even though the wheels may be removed or the remaining chassis or support structure converted to an A- or T-frame sign and attached temporarily or permanently to the ground.
[Added 7-19-2011 by L.L. No. 7-2011]
A real estate sign advertising the sale or lease of real property being part of a subdivision or other development and located within the boundaries of such subdivision or development.
[Added 7-19-2011 by L.L. No. 7-2011]
A real estate sign directing the public to a specific real estate development.
[Added 7-19-2011 by L.L. No. 7-2011]
A sign mounted on the roof of a structure or projecting above the eave or roof plane of a structure.
[Added 7-19-2011 by L.L. No. 7-2011]
Any construction used or designed to support a sign.
[Added 5-18-1999 by L.L. No. 7-1999]
A sign which is not permanently affixed to a building, a structure or the ground. A freestanding temporary sign may not have cement or other footings affixing the sign posts in the ground and may not have posts installed more than 12 inches below grade.
[Added 7-19-2011 by L.L. No. 7-2011]
A temporary sign expressing support or opposition to a candidate, official, controversy, position or other issue of public interest, or other ideological, political or religious sentiment that does not advertise a product or service.
[Added 7-19-2011 by L.L. No. 7-2011]
Any sign affixed to a vehicle.
[Added 7-19-2011 by L.L. No. 7-2011]
A project consisting of one-family, two-family, row houses or multiple dwellings, and accessory structures, occupying a lot or site to be held in a single ownership or common ownership, and arranged, designed or operated as a complete project to provide housing and accessory community facilities for the following persons: single individuals 55 years of age or older; married couples, at least one of whom is 55 years of age or older; or two or three persons of whom only one may be under 55 years of age, if such one person is residing with a person or persons 55 years of age or older, provided that the presence of such person is reasonably required for the physical care and support of the person or persons 55 years of age or older.
[Amended 2-7-2006 by L.L. No. 1-2006]
APPLICANTThe owner of the site presented for approval for use as a specialized residential development under the provisions hereof, appearing personally or by an authorized agent.
SITEThe area proposed for as a specialized residential development under the provisions hereof. Each separate site as approved shall comply with all of the provisions and standards herein.
A project consisting of housing-and-care continuum providing facilities ranging from independent housing specially designed for the elderly, to maximum care facilities, such as nursing homes, occupying a lot or site to be held under one sponsorship, and arranged, designed and operated as a complete project to provide housing-and-care continuum for the persons 55 years of age or older and handicapped persons 50 years of age or older.
[Added 2-7-2006 by L.L. No. 1-2006]
A project consisting of one-family, two-family, row houses or multiple dwellings, and accessory structures, occupying a lot or site held in a single ownership and arranged, designed or operated as a complete project to provide housing for the following persons: single individuals 55 years of age or over; married couples at least one of whom is 55 years of age; two or three persons, of whom only one may be under 55 years of age, and one person residing with a person or persons 55 years of age or older, provided that the presence of such person is reasonably required for the physical care or support of such older person; or in the alternative, a project to provide housing and auxiliary facilities for handicapped or aged persons pursuant to the Private Housing Finance Law of the State of New York.
[Amended 2-7-2006 by L.L. No. 1-2006]
Any building or structure, with or without walls or roof, used to display and store produce and other farm products intended to be sold at retail to the traveling public, such structure being constructed and located on the lot in a manner to permit it to be readily removed and dismantled.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if the ceiling is more than four feet above the level from which the height of the building is measured or if it is used for business purposes.
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
A way which is an existing state, county or Town highway or a way shown upon a plat approved by the Planning Board, as provided by law, or on a map duly filed and recorded in the office of the County Clerk, Westchester County, New York.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground.
Designed, constructed and intended to be used on a short-term basis.
[Added 5-18-1999 by L.L. No. 7-1999]
A dwelling, except a hotel, boardinghouse or rooming house as defined elsewhere in this chapter, in which overnight accommodations are provided or offered for transient guests.
That part of a commercial complex housing one occupant.
[Added 5-18-1999 by L.L. No. 7-1999]
The specific purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
A use which is customarily incidental and subordinate to the principal use of a lot, water area or a building and located on the same lot or water area therewith.
Parking of vehicles by an attendant provided by the establishment for which the parking is provided.[13]
[Added 7-19-2005 by L.L. No. 8-2005]
A building for the medical and/or surgical care of animals.
[Added 8-8-2024 by L.L. No. 7-2024]
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided for in § 300-13. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid section as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or real yard, respectively, and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line of the 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.
[1]
Editor's Note: The former definition of "accessory sign," added 5-18-1999 by L.L. No. 7-1999, which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, accessory."
[2]
Editor's Note: The former definition of "building sign," added 5-18-1999 by L.L. No. 7-1999, which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, building."
[3]
Editor's Note: The former definition of "canopy sign," added 5-18-1999 by L.L. No. 7-1999, which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, canopy."
[4]
Editor's Note: Former definition of "day-care center," added 2-15-1983 by L.L. No. 2-1983, was repealed 2-7-1995 by L.L. 2-1995.
[5]
Editor's Note: The former definition of "electric sign," added 5-18-1999 by L.L. No. 7-1999, which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, electric."
[6]
Editor's Note: The former definition of "freestanding sign," added 5-18-1999 by L.L. No. 7-1999, which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, freestanding."
[7]
Editor's Note: See § 300-21, Schedule of Regulations, Appendix A, Residence Zone Standards, and Appendix B, Business Zone Standards.
[8]
Editor's Note: The former definition of "illuminated sign," added 5-18-1999 by L.L. No. 7-1999, which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, illuminated."
[9]
Editor's Note: The former definitions of "portable sign," "real estate development" and "real estate directional sign," all added 5-18-1999 by L.L. No. 7-1999 and which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, portable," "sign, real estate development," and "sign, real estate directional."
[10]
Editor's Note: The former definition of "roof sign," added 5-18-1999 by L.L. No. 7-1999, which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, roof."
[11]
Editor's Note: This local law also repealed the former definition of "sign, advertising," which immediately followed this definition. See now the definition of "advertising."
[12]
Editor's Note: This local law also repealed the former definitions of "sign, business," "sign, official;" and "sign, real estate," which immediately followed this definition. For real estate signs, see now the definitions of "real estate development sign" and "real estate directional sign."
[13]
Editor's Note: The former definition of "vehicle sign," added 5-18-1999 by L.L. No. 7-1999, which immediately followed this definition, was repealed 7-19-2011 by L.L. No. 7-2011. See now "sign, vehicle."