As used in this chapter, the following terms shall have the
meanings indicated:
Applies to a building or structure which is detached from
and clearly incidental or subordinate to and customary in connection
with the principal building and which is located on the same tax lot
with such principal building. No residential building or dwelling
shall be considered or allowed as accessory to any other residential
building or dwelling. An accessory building attached to the principal
building shall be considered part of the principal building. Accessory
structures include garages, reviewing stands, tennis courts, platforms,
gasoline pumps, standpipes, outside bins, swimming pools, pergolas,
walks, fences, gate posts, signs, driveways and paved walks. The word
"structure" or "building" shall be construed as though followed by
the words "or part thereof."
In regards to a telecommunications facility, an accessory
facility serves the principal use, is subordinate in area, extent
and purpose to the principal use and is located on the same lot as
the principal use. Examples of such facilities include transmission
equipment and storage sheds.
Adaptive reuse is the renovation, alteration, modification and/or reuse ("renovation") of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, to accommodate a new use or a use other than that for which the structure was most recently legally used, which adaptive reuse is a permitted use under the zoning regulations (Chapter 360 of the Nyack Village Code), and which renovation does not increase the footprint or the lateral envelope, or the height (so long as within the maximum height and number of floors allowed under the Village Zoning regulations), of the most recently legally used structure. Only those portions of a structure containing renovations that qualify as adaptive reuse shall benefit from the zoning regulations specific to adaptive reuse, except as may otherwise be specifically set forth in §§ 360-3.2 and 360-4.5 of this chapter.
[Added 6-29-2023 by L.L.
No. 3-2023]
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 off 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. No viewing of such electronic media
shall be permitted on premises.
A nightclub, bar, restaurant or similar public or private
establishment which presents topless dancers, strippers or exotic
dancers or other similar entertainments.
Any use constituting an adult bookstore, adult motion-picture
theater, adult entertainment cabaret, adult motel or peep show, as
those terms are defined herein.
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television, transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of sexual activities or sexual anatomical areas.
An enclosed or unenclosed building, structure or portion
thereof, including video booths, cubicles, rooms or stalls, 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 consumption of cannabis in an area licensed by the New
York State Cannabis Control Board. An on-site consumption license
issued by New York State authorizes the acquisition, possession, and
sale of cannabis from the licensed premises of the on-site consumption
licensee to cannabis consumers for use at the on-site consumption
location.
[Added 10-13-2022 by L.L. No. 9-2022]
"Retailer" means any person who sells at retail any cannabis
product to cannabis consumers 21 years or older. A retail dispensary
license issued by New York State authorizes the acquisition, possession,
sale and delivery of cannabis from the licensed premises of the retail
dispensary by such licensee to cannabis consumers.
[Added 10-13-2022 by L.L. No. 9-2022]
The Village's Affordable/Workforce Housing Law while not made a part of this Zoning Chapter is incorporated by reference to this Zoning Chapter. The Village Board resolves that it is in the public interest to encourage and require all sectors, public and private, to participate in the development and retention of such affordable/workforce housing, and to that end, resolve to require that a certain portion of multifamily housing developments be set aside for low- and moderate-income households. See Chapter 120.
As applied to a building, to change or rearrange the walls,
roof, ceiling, floors, supporting beams, columns or other structural
parts, the interior plan or layout, the exterior architectural features
or the exit facilities of a building, or the moving of a building
from one location to another.
Commercial services related to the temporary care, boarding
or medical treatment of animals.
A system of electrical conductors that transmits or receives
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
The frequency of these waves generally ranges from 10 hertz to 300,000
megahertz.
A property owner or agent of a property owner who has filed
an application for a land development activity.
The Architectural Review Board of the Village of Nyack.
The area of visual impact is the geographic area where a
development activity may directly or indirectly cause visual changes
in the character of the adjacent properties and neighboring areas.
The extent of the area of visual impact is influenced by the scale
and nature of the development activity.
The manufacturing, assembling, converting, altering, finishing,
cleaning or any other processing of products from finished goods,
not including food products, where the products are to be sold at
retail, exclusively on the premises.
A roof-like covering of canvas, metal or duck, attached to
a metal frame no less than seven feet above the sidewalk and attached
to or supported entirely from a building.
A piece of cloth or plastic or other flexible material mounted over sidewalks and a street, and attached to the sides of buildings and/or utility poles, bearing an advertisement, announcement, greeting or slogan. Banners are regulated by Chapter 299, Streets and Sidewalks, § 299-2, and require a permit from the Board of Trustees.
A place of business duly licensed for the sale and on-premises
consumption of alcoholic beverages by the drink as the principal or
primary use, whether or not food service is also provided. For the
purposes of this chapter, a "bar" shall also be deemed a "restaurant"
only if food is prepared, served and consumed on the premises.
That portion of a building that is partly below grade. A
basement shall be considered as a story for purposes of height measurement
where the finished floor above the basement is:
A private dwelling used to provide lodging accommodations
and a morning meal to visitors for compensation, provided that the
owner lives on the premises and not more than six rooms are so used.
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, service, entertainment
or attraction sold, offered or existing elsewhere than upon the same
lot where such sign is displayed or only incidentally upon such lot.
A restaurant containing a microbrewing facility for the brewing
and storage of beer only, primarily for consumption on premises. Such
brewing facilities shall be accessory to a restaurant.
[Added 10-13-2016 by L.L.
No. 3-2016]
Area(s) on a lot usually within required yard areas, used
to screen development or uses from adjoining properties, composed
of undisturbed or landscaped areas. The following types of uses shall
not be allowed in a buffer area: buildings or aboveground structures;
vehicle overhangs, driveways and loading areas; signs or lighting
fixtures; solid waste receptacles; and other structures or uses prohibited
by the Planning Board.
The maximum horizontal area of a building measured in one
plane.
That percentage of lot area covered by the building area.
The Village official, sometimes referred to as the "Code
Enforcement Official," designated by the Board of Trustees to administer
the Village Zoning Chapter and other Village regulations.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof
or anything constructed or erected on or in the ground or attached
to something having a location in or on the ground. The term "building"
shall include the term "structure" and shall be construed as though
followed by the words "or part thereof."
The size and shape of buildings and nonbuilding uses, and
the physical relationship of the exterior walls or their location
to lot lines and other buildings or other walls of the same building,
and all open spaces required in connection with a building. Bulk regulations
include regulations dealing with floor area ratio, lot area, lot area
per dwelling unit, lot frontage, lot width, height, required yards,
usable open space, spacing between buildings on a single lot and length
of buildings in a row.
An announcement sign of a civic, educational or religious
institution which is specifically designed for the use of temporary
replaceable copy.
A facility providing services for passengers related to boarding
and alighting from buses and trains. Not included is a station serving
passengers arriving by automobiles that require daily or long-term
parking or a station used for freight.
Any person, firm, association, partnership, corporation or
other entity for profit.
That portion of a building that is partly or entirely below
grade and having less than three feet of its floor-to-ceiling height
above grade. A cellar is not considered a story for the purpose of
height and setback regulations. A cellar is exempt in the calculation
of floor area ratio in single- and two-family dwellings in SFR-1,
SFR-2 and TFR residential zones unless the structural headroom is
7 1/2 feet or more.
An activity that removes the vegetative surface cover.
A subdivision plat or plats, approved pursuant to § 7-738
of the Village Law of the State of New York in which the applicable
zoning local law is modified to provide an alternative permitted method
for the layout, configuration and design of lots, buildings and structures,
roads, utility lines and other infrastructure, parks and landscaping
in order to preserve the natural and scenic qualities of open lands.
A commercial facility used primarily for physical exercise,
recreation or culture. This use is divided into two subgroups based
on indoor or outdoor operations.
INDOORIndoor uses in this category may require larger indoor areas to accommodate equipment or facilities for the proposed activity. Examples include: Physical fitness centers; health clubs; gyms; bowling alleys; indoor skating rinks; billiard halls; amusement arcades; and indoor play parks.
OUTDOOROutdoor uses in this category are typically land-intensive uses that provide continuous recreation or entertainment-oriented activities. They may take place in a number of structures that are arranged together in an outdoor setting. Examples include: Commercial tennis and swimming facilities; drive-in theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf facilities; commercial amphitheaters; privately-owned active sports facilities such as ball fields.
The selective pruning of branches throughout the canopy of
a tree to reduce wind resistance, which pruning may be considered
as necessary forestry practice for purposes of exemption from this
chapter.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
A nonresidential facility in which daytime care, supervision,
monitoring, personal care, nutrition and socialization are provided
for adults and impaired individuals. An adult day-care center must
comply with the standards and applicable regulations of the New York
State Office for the Aging or its successor.
An establishment, also known as a "child-care center," providing
for the care, supervision and protection of children.
Those boards, commissions or agents of the Village authorized
to hear, review and approve development applications, including the
Board of Trustees, Planning Board, Zoning Board of Appeals, Architectural
Review Board and the Building Inspector.
A roofless, floored platform, typically with a railing, that
adjoins or is attached to a structure.
Any wrecking activity directed to the disassembling, dismantling,
dismembering and/or razing of any structure or part thereof. Demolition
regulation does not apply to temporary structures not intended to
be permanent, i.e., tents, sukkahs, construction trailers.
A written permit, on a form approved by the Building Inspector, authorizing demolition. No demolition permit shall be issued until the applicant gains the required approvals of all required land use boards, unless a property owner is directed to demolish or make safe a structure under the provisions of Village of Nyack Code Chapter 140, Building Construction, § 140-24, or Chapter 263, Property Maintenance, § 263-13.
A person who undertakes land development activities.
A special overlay zoning district which reflects the downtown streets in the Village's core retail area as specified in the Comprehensive Master Plan. The DMU Overlay Zone is identified on the map in Chapter 360 Attachment 6.
[Added 5-8-2014 by L.L. No. 2-2014]
A line on the ground surrounding the trunk of a tree that
conforms to the widest extent of the tree's canopy.
Any service window, automated device or other facility that
provides goods or services to individuals waiting in a motor vehicle.
A dwelling unit located above the street level of a building
with nonresidential uses located on the street level or dwelling unit
located behind the front commercial use.
A residential building that contains four or more dwelling
units that share common walls or common floors/ceilings with one or
more dwelling units. The land upon which the building sits is not
divided into separate lots.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic employees 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 another "dwelling
unit." A boarding or rooming house, convalescent home, dormitory,
fraternity or sorority house, hotel, inn, lodging, nursing or other
similar home or other similar structure shall not be deemed to constitute
a "dwelling unit."
Three or more side-by-side attached dwelling units sharing
one or more common walls with each dwelling unit located on a separate
lot.
A building containing one dwelling unit not physically attached
to any other principal structure.
A building containing three individual dwelling units located
on a single lot. The units must be located side-by-side with a common
wall or one above the other with a common floor/ceiling.
A building containing two individual dwelling units located
on a single lot. The units must be located side-by-side with a common
wall or one above the other with a common floor/ceiling.
Authorization, which runs with the land, by a property owner
for the use by another of any designated part of his property for
a specified purpose.
A dwelling unit consisting of not more than one habitable
room, together with kitchen or kitchenette and sanitary facilities.
A person licensed as a professional engineer by the State
of New York.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control Manual," commonly known as the "Blue
Book."
One or more individual persons occupying a dwelling unit
as a single nonprofit housekeeping unit.
A drive-in establishment whose principal business is the
sale of pre-prepared or rapidly prepared food, frozen desserts or
beverages directly to the customer in a ready-to-consume state from
a counter or drive-thru window for consumption either within the restaurant
building, in vehicles on the premises or off the premises. A fast-food
establishment shall not be considered a "restaurant" or a "take-out
restaurant."
The decisionmaking body responsible for the final decision
on a development application, short of an appeal authorized by this
chapter or law.
The sum of 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 attached buildings. The following are excluded from FAR calculation:
[Amended 7-16-2015 by L.L. No. 3-2015]
Any attic space with a floor-to-ceiling height of less than
seven feet.
Cellar and basement areas as defined in the Village Code, including
and storage areas with the exception of habitable space.
Any areas or structures devoted to accessory off-street parking
or loading.
Mechanical and utility rooms such as trash rooms, electrical
rooms, boiler rooms, emergency generator rooms and similar spaces
for the operation of the building, but in-dwelling unit mechanical
spaces are not excluded.
Unenclosed porches, terraces and balconies.
Elevator and stair rooftop bulkheads.
The total floor area of all buildings or structures, whether finished or unfinished on a lot divided by the net lot area of said lot. The "net area" of a lot shall mean the area of a lot after deduction for any portion of the lot containing steep slopes as in § 360-4.4D, lands underwater, and floodplains or wetlands as defined by the New York State Department of Environmental Conservation.
The side of a lot abutting a street; the street line. On
lots with multiple street fronts, the frontage shall include the length
of the lot abutting all such streets.
The wall or walls of a building facing the street line.
An accessory building or a portion of a principal building,
used only for the storage of motor vehicles owned or used by the occupant
of the principal building to which the garage is an accessory. Any
garage that is attached to a principal building, including attachment
by means of a breezeway or a roofed passageway, shall be considered
an "attached" garage and shall be considered part of the principal
building. Any garage not so connected shall be considered a "detached"
garage, and is considered to be an accessory building.
A facility owned or operated by the Village or other government
entity and not subject to the standards of this chapter, including
but not limited to: water supply reservations; parks and open space;
playgrounds; libraries; firehouses; police stations; and public parking
areas.
The elevation of completed surfaces of lawns, walks and roads
brought to grades as shown on official plans or designs relating thereto.
The elevation of the ground surface before any change to
it from filling, excavating, construction, or any similar activity.
A reference plane representing the average of preconstruction
ground level adjoining the building at all exterior walls. When the
finished ground level slopes away from the exterior walls, this reference
plane shall be established by the lowest point within the area between
the building and the lot line or, when the lot line is more than six
feet from the building, between the building and a point six feet
from the building.
Excavation or fill of material, including the resulting conditions
thereof.
A noninstitutional home set up in theory, size, appearance
and structure to bear the general character of a family unit in a
relatively permanent household headed by a householder or householders
which is operated or sponsored by or subject to the approval of a
public social service agency or private nonprofit child caring agency,
authorized by the New York State Department of Social Services.
The vertical distance measured, in the case of flat roofs,
from the grade plane to the highest point of the roof beams adjacent
to the wall closest to the street, and, in the case of pitched roofs,
from the grade plane to the average height of the gable. Where no
roof beams exist or there are structures wholly or partly above the
roof, the height shall be measured from the grade plane to the highest
point of the building.
A highly erodible soil, or soil map unit, has a maximum potential
for erosion that equals, or exceeds, eight times the tolerable erosion
rate. The maximum potential erosion rate is determined using the formula:
RKLS/R (where R = the rainfall factor, K = erodibility value of the
soil, and LS = the slope factor). If RKLS/T > 8, then the soil meets
the criteria for a highly erodible soil.
A geographic area with distinctly definable boundaries composed of several buildings or sites which has acquired a unity of character through the interrelationships of component buildings and sites, and has been designated as having historical, archeological, cultural, scenic, architectural or other significance as set forth in § 360-5.12.
An accessory use of a dwelling unit for commercial purposes that does not alter the exterior of the property or affect the residential character of the neighborhood. Such occupation must be incidental to the residential use of the premises and carried on in the principal building by a resident thereon with not more than one nonresident assistant. Only customary household appliances and equipment shall be used in such occupation. Such occupation shall be carried on in an area not exceeding 30% of the area of the dwelling unit so used. No display of goods or sign shall be visible from the street, except as set forth in § 360-4.11.
An institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients
and injured persons, that is licensed by state law to provide such
services. Hospitals may include inpatient medical or surgical care
for the sick or injured and related facilities such as laboratories,
outpatient departments, training facilities, central services facilities,
freestanding outpatient facilities and staff offices that are an integral
part of the facilities. Cafeterias, restaurants, florists, gift shops,
pharmacies and other typical and subordinate uses may be permitted
subject to the standards for accessory uses.
A facility offering lodging accommodations with more than
10 rooms to the general public. Such uses may include typical accessory
uses, including restaurants, retail sales and services and meeting/conference
facilities.[1]
A facility used in the repair or servicing of industrial,
business or consumer machinery, equipment, products or by-products.
Industrial service firms that service or repair consumer goods do
so primarily by providing centralized services for separate retail
outlets, rather than for individual customers. Few customers, especially
the general public, come to the site. Examples include: Building contractor
facilities, yards and preassembly yards; welding shops; machines shops;
tool repair; electric motor repair; repair of scientific or professional
instruments; building, heating, plumbing or electrical contractors;
exterminators; janitorial and building maintenance services; laundry,
dry-cleaning and carpet cleaning plants; schools for industrial trades.
A facility offering lodging accommodations with no more than
10 guest rooms. Meals may be served to customers currently residing
at the inn and their guests, only.
Any sign of any material painted on or placed or hung within
24 inches from the inside window glass or door glass of any building,
including any neon, LCD, electronic and similar signs and light borders.
Land development activities, including clearing, grading,
excavating, soil disturbance or placement of fill that results in
land disturbance of equal to or greater than 1/4 acre or 10,000 square
feet, which ever is less, or activities disturbing less than one acre
of total land area that is part of a larger common plan of development
or sale, even though multiple separate and distinct land development
activities may take place at different times on different schedules.
A building, structure, site or object which has special character or special historical and aesthetic interest as part of the development, heritage or cultural characteristics of the Village, state or nation and which has been designated as a landmark as set forth in § 360-5.12.
A building or spaces within a building used jointly for commercial
and residential purposes where the residential use of the space is
secondary or accessory to the primary use as a place of work.
[Added 10-13-2016 by L.L.
No. 3-2016]
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.
The total horizontal area included within property lines
of a lot, exclusive of land within the public way.
A lot at the junction of or abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
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 135°.
The mean horizontal distance from the street line of a lot
to the rear lot line of such lot measured along the side lot lines.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line.
The average horizontal distance between side lot lines measured
along two lines parallel to a line connecting the end points of the
front lot line, and drawn through those two points of the principal
building closest to and farthest from the street.
A legally recorded document that acts as a property deed
restriction. It can provide for long-term maintenance of stormwater
management practices.
Facilities used in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as lubricating oils, plastics, resins or liquors.
Also known as "industrial uses." Uses are divided into two subgroups
based on the potential for noxious impacts, amount of outdoor storage
and operations, and the demand for heavy truck traffic.
HEAVYFacilities within and outside that generate outside of the property of noise, odor, vibration or dust, or any use where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication or processing exceeds 25% of the floor area of buildings on the lot. Examples may include, but are not limited to: manufacture or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items; the processing of food and related products; and lumber, pulp and paper mills. Specifically prohibited are rendering, petroleum refining, asphalt/concrete plants and manufacture of chemicals, fertilizers, paint and turpentine.
LIGHTFacilities for the transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, odor, vibration or fumes. Examples may include, but are not limited to: production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; and manufacturing of jewelry, clothing, trimming decorations and any similar item.
A Comprehensive Plan, prepared by the Planning Board pursuant
to § 7-722 of the Village Law of the State of New York,
which indicates the general locations recommended for various functional
classes of public works, places and structures and for general physical
development of the Village, and includes any unit or part of such
plan separately prepared and any amendment to such plan or parts therein.
Any table, board, machine, device or apparatus fitted for
use by the public, the operation of which is permitted, controlled,
allowed or made possible by means of a lever, switch, electric current
or by the deposit or insertion of any coin, plate, disc, slug or key
into any slot, crevice or opening, or by the payment of any fee or
fees, and which operates, or which may be operated for use as a game,
contest or amusement or which may be used for any such game, contest
or amusement, but which table, board, machine, device or apparatus
does not contain a payoff device and which does not return or vend
any article or merchandise or any money, coin, check or token. This
does not include picture taking and laminating machines, merchandise
vending machines, electronic weight or reading machines or jukeboxes
and other machines used solely for reproduction of music or sound.
A brewing establishment which brews fewer than 15,000 barrels
or fewer than 30,000 kegs per year.
[Added 10-13-2016 by L.L.
No. 3-2016]
A building or structure, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
a zoning ordinance, but which fails to conform to the requirements
of the zoning district in which it is located by reasons of such adoption,
revision or amendment.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include but not be limited
to pollutants from agricultural, construction, subsurface disposal
and urban runoff sources.
Professional offices; financial services, such as mortgage
lenders, brokerage houses, administrative and back office banking
facilities; real estate agents; data processing; government offices;
public utility offices; social service agency offices; television
and radio studios.
A type of office use distinguished by a higher than typical
number of customer visits. Examples include medical and dental clinics;
chiropractic clinics; medical and dental labs; blood-collection facilities;
physical therapy clinics.
The office of a member of a "professional" occupation listed in Title VII of the Education Law of the State of New York, Article 1 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York, excluding dentist, physician, veterinarian and other medical professionals. The owner of the dwelling unit must reside therein and maintain his/her professional studio/office therein with not more than one nonresident assistant. Only customary household appliances and equipment shall be used. Such occupation shall be carried on in an area not exceeding 50% of the area of one floor of the dwelling unit so used. No display of goods or sign shall be visible from the street, except as set forth in § 360-4.11.
The Official Zoning Map of the Village of Nyack, showing
streets, highways and parks, both existing and proposed.
Food or beverage service areas outside of a fully enclosed
structure as an accessory use to a permitted restaurant or bar or
cocktail lounge use and which is located on the same lot as the principal
use.
An outdoor area, located on a sidewalk, that provides dry
goods for sale to the public as part of an established indoor retail
business. It is unenclosed by fixed walls and open to the air, except
that it may have a retractable awning, umbrella or other nonpermanent
cover.
A zoning district which supersedes less restrictive regulations
of a base zoning district.
[Added 5-8-2014 by L.L. No. 2-2014]
Parking facilities that provide parking that is not accessory
to a specific use. A fee may or may not be charged. A facility that
provides both accessory parking for a specific use and regular fee
parking for people not connected to the use is also classified as
nonaccessory parking. Uses are divided into two subgroups based on
provision of parking in surface lots or in structures (above or below
ground.)
An uncovered outdoor space adjoining a structure that is
substantially at ground level and that is surfaced with stone, flagstone,
brick, asphalt or other similar pervious or impervious paving material.
The Cannabis Control Board (CCB) and the Office of Cannabis
Management (OCM) established pursuant to the Marihuana Regulation
and Taxation Act (MRTA) § 72 for regulatory jurisdiction
over adult-use cannabis.
[Added 10-13-2022 by L.L. No. 9-2022]
Any individual, partnership, club, association, corporation,
society or any other organized group of persons and shall include
the officers, directors, stockholders and trustees of a club, corporation,
association or society.
Establishments engaged in providing retail services such
as banking establishments, laundromats, catering services, dry cleaners,
tailors, shoe repair, photographic studios, photocopy services, quick
printing services, blueprint services, beauty salons, tanning salons,
therapeutic massage establishments, taxidermists, mortuaries, funeral
homes and crematoriums.
Ground covering or improvement that allows rainfall, snowmelt
and water to infiltrate and seep in, as opposed to a surface that
water cannot infiltrate so it runs off (which is impervious).
The Planning Board of the Village of Nyack.
A human-induced condition or contaminant which, in some quantities,
may be injurious to human, plant or animal life or to property.
Sediment or water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
A structure attached to a building with roof, and structural
supports, and permanently, seasonally or temporarily enclosed glass,
lexan, siding, panels, windows or other solid materials. Screens,
curtains or latticework made of wire mesh, cloth, paper, strips or
wood or metal, or other similar materials shall not be considered
"solid" for the purpose of this definition. A porch does not need
to be heated or insulated to be considered enclosed.
A porch attached to the front facade.
A structure attached to a building to shelter an entrance
or to provide semi-enclosed space. It is open-sided, typically with
a railing, and roofed.
A drawing or drawings, clearly marked "preliminary plat,"
showing the salient features of a proposed subdivision, as specified
§ 7-728, Subdivision 4(b), of the Village Law of the State
of New York, submitted to the Planning Board for purposes of consideration
prior to submission of the plat in final form and of sufficient detail
to apprise the Planning Board of the layout of the proposed subdivision.
The art, process or business of producing printed material
by means of inked type and a printing press or by similar means.
Land development activity.
A nonprofit library maintained for public use, generally
funded from public sources.
Public or private buildings, structures and lands used to
provide rail, infrastructure and utility services. Uses are divided
into two subgroups based on potential impacts to surrounding areas,
including the number of employees and/or visitors on site and the
potential for noise- and odor-related impacts.
GENERALInfrastructure services that need to be located in or near the neighborhood or use where the service is provided. Examples of general utilities include water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges, and surface transportation stops such as bus stops and park-and-ride facilities.
INTENSIVEInfrastructure services providing regional or community-wide service that normally entail the construction of new buildings or structures such as water towers, waste treatment plants, potable water treatment plants, solid waste facilities and electrical substations.
Rebuilding of a structure that includes new or replaced structure
elements.
A vehicle, towed or self-propelled on its own chassis or
attached to the chassis of another vehicle and designed or used for
temporary living, recreation or sporting purposes. The term "recreation
vehicle" shall include, but not be limited to, travel trailer, pickup
campers, camping trailer, converted trucks and buses, boat and skimobile
trailers and similar vehicles.
Laboratories and related offices devoted to research, design,
experimentation and/or product testing.
An establishment where food and drink are prepared, served
and consumed, mostly within the principal building. A bar shall also
be deemed a restaurant only if food is prepared, served and consumed
on the premises. A fast-food establishment or a take-out restaurant
shall not be considered a restaurant.
An establishment primarily engaged in the sale of food and
beverages selected by patrons from a limited line of specialized items
for consumption either on or off the premises, in a facility where
the floor area available for dining is less than 1/2 the gross floor
area, a major portion of the sales to the public is stand-up-type
counter. The term "take-out restaurant" shall not include bakeries,
delicatessens or similar types of retail establishments unless they
have tables or counters where diners are seated.
Establishments that typically include large areas of outdoor
storage or display, such as lumber yards; sales of landscaping materials
and nursery products; equipment rental businesses.
Establishments selling, leasing or renting consumer, home
and business goods, including, but not limited to, antiques, appliances,
art, art supplies, bicycles, carpeting, clothing, dry goods, electronic
equipment, fabric, flowers, furniture, garden supplies, gifts, groceries,
hardware, household products, jewelry, pets, pet food, pharmaceuticals,
plants, printed material, stationery, videos. Also includes retail
establishments that have a cottage industry component, such as bakeries,
confectioneries, upholsterer, artist/artisan's studios, and similar.
A building, whether operated for profit or not, which provides
housing, meals, health care assistance and personal services to one
or more adults who are not relatives of the owner or proprietor.
Land that is traversed or bounded by a natural waterway or
adjoining tidal lands.
An outdoor double-sided temporary sign type, generally in
the shape of an isosceles triangle, with the angle at the apex being
less than 60°. The dimensional measurements of such signs shall
not exceed a total width of 24 inches, or a total height of 44 inches,
including the supports thereof. The erection of such signs requires
a variance issued by the Zoning Board of Appeals and evidence of insurance
naming the Village as an additional named insured.
A public or private school at the primary, elementary, junior
high or high school level that provides state-mandated basic education,
including such school owned or operated by a religious entity.
A school primarily engaged in offering specialized trade,
business or commercial courses, but not academic training. Also specialized
and nondegree-granting school, such as a music school, dramatic school,
dance studio, martial arts studio, language school and other short-term
examination preparatory schools.
Measures that prevent eroded sediment from leaving the site.
A facility that provides separate storage areas for individual
or business uses. The storage areas are designed to allow private
access by the tenant for storing or removing personal property.
A setback is a required horizontal distance between a building
and any lot line.
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 be female, breast.
Food or beverage service areas outside of a fully enclosed
structure as an accessory use to a permitted restaurant or bar or
cocktail lounge use and located on the sidewalk within a public street
adjacent to the lot on which the principal use is located.
Any writing (including word, letter or numeral), pictorial
representation, emblem (including symbol, logo or trademark), flag,
pennant, insignia, border tubing, permanent sculptures, awning or
other device of similar character which is attached to, painted on,
or in any other manner represented on a building, structure or a building's
window or door (inside or outside) and is used to identify, announce,
direct, attract or advertise and is visible from outside the building.
Includes all faces of a sign measured as follows:
When such sign is a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or outline shall
be included.
When such sign consists only of letters, designs or figures
engraved, painted, projected or in any manner affixed on a wall, the
total area shall be considered to be that of the smallest regular
geometric shape which encompasses all of the letters, designs, figures
or symbols.
A sign necessary for proper traffic flow and safety.
An advertising sign printed on a fabric flag of non-shiny
material and flown from a pole that has a maximum length of six feet
and is attached to a building at a minimum height of six feet if the
flag is attached to a pole mounted to a building at an angle from
horizontal of 45° or greater or 10 feet if the flag is attached
to a pole mounted to a building at an angle from horizontal of less
than 45°, where the flag has the maximum size of 15 square feet,
and is no higher on the building than 12 feet, and is not closer than
three feet to the curbline. The flag sign shall not have product advertising,
but can have the name and/or logo of the business or advertise that
the business is "open," "closed" or "sale." Only two faces are permitted.
One flag sign is permitted for each public entrance of a building,
with a maximum of one flag sign per business, and shall only be displayed
when the business is open. This does not apply to any official national,
state or international flag.
A sign attached parallel to or flat to the face of or painted
on the wall of any building or structure.
A sign placed upon or supported by the ground, independent
of the principal building or structure.
A sign for a theater or public building with a means for
changing text.
A sign constructed of durable materials and intended to exist
for the duration of time that the use or occupant is located on the
premises.
Any sign of any material which is painted, placed or hung
within 24 inches from the inside window glass or door glass of any
building for more than 30 days and is visible from outside the building,
including words, logos, product signs, border tubing, permanent sculptures
or frames for replaceable copy and including all lighted devices such
as neon, LED, electronic and light borders.
A sign erected perpendicular to the face or projecting outward
from the wall of the building.
Interior signs of paper, cardboard and other similarly impermanent
materials located within 24 inches of storefront glass windows and
doors, including open, closed and sale signs, menus and lists of products
and services. Other temporary signs also include contractor signs,
real estate and rental signs and signs announcing the anticipated
occupancy of a building as well as signs announcing campaigns, drives
or events of civic, philanthropic or educational institutions.
An illustrative plan that indicates proposed use and/or development of land and/or structures prepared in accordance with § 360-5.7 of this chapter.
A device or combination of devices which relies upon solar
radiation as an energy source and that is employed for the purpose
of heating or cooling a building, the heating of water or the generation
of electricity.
[Added 10-13-2016 by L.L.
No. 3-2016]
A land use of property that is appropriate to a given zoning
district, but which may be incompatible in some locations within the
district and therefore is not permitted without a special use permit.
A "special permit use," therefore, is one which is allowable only
when facts and conditions specified in this chapter as those upon
which the use is permitted are found to exist.
An authorization of a particular land use that is permitted
by this chapter, subject to requirements imposed by this chapter to
assure that the proposed use is in harmony with and will not adversely
affect the neighborhood if such requirements are met.
Rainwater, surface runoff, snowmelt and drainage.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
That portion of a building between the surface of any floor
and the surface of the floor above it or, if there is no floor above
it, then the space between the floor and ceiling next above it. A
basement shall be counted as a story for purposes of height measurement
if the floor-to-ceiling height is more than six feet above the grade
plane, more than six feet above the finished ground level for 50%
or more of the total building perimeter, or more than 12 feet above
finished ground level at any point.
A street shown on the Official Map of the Village of Nyack
and improved to the satisfaction of the Planning Board.
A street which serves, or is designed to serve, as a trafficway
for a neighborhood or as a feeder to a major street.
A street, or a portion of a street, with only one vehicular
traffic outlet.
The dividing line between a lot and a street.
A street which serves, or is designed to serve, heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic-generating areas.
A street intended to serve primarily as an access to abutting
properties.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of right-of-way, measured at right angles to the
center line of the street.
Any change in the supporting members of a building.
Anything which is constructed or erected which requires a
location on the land or attachment to something having such location,
including but not limited to the following:
[Added 2-12-2015 by L.L. No. 2-2015]
Signs or billboards.
Fences over six feet six inches in height.
Retaining walls.
Walls over two feet in height.
Radio and television antennas or dishes (except those installed
on the roof of a building and not extending more than 12 feet above
the highest level of the roof of such building).
Pergolas, porches, patios with impervious surface, decks, reviewing
stands, tennis courts, platforms, garages, carports, swimming pools,
storage sheds, outdoor bins, greenhouses.
Outdoor play equipment over six feet, six inches in height.
Wireless telecommunication facilities including towers.
Tents, trailers (whether movable or stationary) or other similar
structures on wheels or other supports used for business or living
purposes.
Excluded is anything requiring only simple paving or surfacing
of the ground, such as parking lots, driveways, walks or sidewalks.
Sheds greater than 140 square feet.
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets or highways, and includes
resubdivision of previously subdivided land or any other alteration
of lot lines or dimensions of any lots or sites shown on a previously
approved plat.
A drawing, in final form, showing a proposed subdivision,
containing all information or detail as set forth in § 7-728,
Subdivision 4(d), of the Village Law of the State of New York, to
be presented to the Planning Board for approval, and which, if approved,
may be duly filed or recorded by the applicant in the office of the
County Clerk.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A person licensed as a land surveyor by the State of New
York.
Any and all structures utilized for the transmission and
reception of wireless communication signals of any kind, inclusive
of an accessory facility, antenna(s) and a telecommunications tower
or equipment.
CO-LOCATEDAny wireless telecommunication services facility located upon an existing freestanding tower or attached to a building, including directional antennas (such as panels, microwave dishes, satellite earth station antennas over two meters in diameter) and omni-directional antennas (such as whips). This term does not include antennas two meters or less in diameter.
FREESTANDINGAny wireless telecommunication services facility structure that is not connected to a building and that is designed and constructed primarily for the purpose of supporting one or more antennae.
Any structure or equipment on which transmitting and/or receiving
antenna(s) are located.
A building or part of a building used to show motion pictures
or for drama, dance, musical or other live performances.
The removal of all or a portion of a tree's leafy crown,
creating stubs of the large vertical leader stems, which shall be
considered as removal under this chapter if performed on a significant
tree.
Any vehicle mounted on wheels movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed. See Chapter 316, Trailers.
A tree at least eight inches in diameter as measured at breast
height.
[Amended 10-13-2016 by L.L. No. 3-2016; 10-5-2023 by L.L. No. 5-2023]
An unenclosed portion of the ground area 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, the minimum dimension of which is 20 square feet and which is
available and accessible to all occupants of the building or buildings
on the said 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 said occupants.
[Amended 10-13-2016 by L.L. No. 3-2016]
Refers to any purpose for which buildings or other structures
or land may be occupied.
A use of a building or land, or both, which was lawfully
established, but which does not conform to the use regulations for
the district in which it is located in this chapter.
Electric, telephone and communication lines, poles, equipment
and structures, water or gas pipes, mains, valves or structures or
sewer pipes, valves or structures maintained, operated and conducted
for the service, convenience, necessity, health and welfare of the
general public, whether owned by any arm or creature of the local,
state or federal government or by any privately owned public utility
corporation. Such facilities include but are not limited to pumping
and pressure control stations, telephone equipment huts, pad mounted
transformers, stand pipes, tanks and electricity regulating substations.
Not included are microwave, radio, television and other telecommunication
towers.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable regulations of this chapter.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable regulations of this chapter.
Sales of motor vehicles or services related to motor vehicles.
Uses are divided into two subgroups based on the intensity of the
use, vehicle types sold or serviced, amount of outdoor service or
storage, and the potential for noise- and odor-related externalities.
GENERALGeneral vehicle-related uses include limited service of passenger vehicles and the sale of vehicle parts, with outdoor storage limited to 25% of the lot size and all mechanical work performed within an enclosed building. Examples include:
INTENSIVEIntensive vehicle-related uses allow for the sales and service of motor vehicles, including heavy vehicles and equipment. Outdoor storage areas for vehicles, parts or other supplies may exceed 25% of the lot size. Examples include:
The line of sight identified as to height, width and distance
of an observer looking toward an object of significance to the community
(e.g., ridgeline, river, historic building, etc.); the route that
directs the viewer's attention.
The Village Board of Trustees of the Village of Nyack.
The Village Law of the State of New York.
The incorporated area in the Village of Nyack, in the County
of Rockland, State of New York.
Uses and facilities appropriate to waterfront settings, limited
to:
Facilities for hauling, launching, mooring, dry storage and
drysailing of boats. Boat storage shall not exceed 25 feet in height,
excepting masts and rigging.
Public and private recreation facilities requiring a waterfront
location, such as boat launches, fishing piers and docking and swimming
facilities.
Maritime centers and similar facilities which utilize the waterfront
for recreational, educational, cultural or scientific uses.
Waterfront trails, parks and scenic overlooks.
Retail sale of materials, supplies, parts, tools and other equipment
used in connection with boats.
Retail sale of bait, supplies, equipment, materials and parts
used in connection with fishing.
Facilities for the sale and/or rental of boats, new and/or used.
Fishing piers, including facilities for docking and transfers
of catch from boat to ground transport.
Docking facilities for tour boats, services and similar passenger
vessels.
A public or private recreational facility in a waterfront
zoning district, including daytime mooring or docking facilities to
accommodate visitors, nonmotorized watercraft rental stores and other
similar uses.
Facilities involved in the storage or movement of goods for
themselves or other firms. Goods are generally delivered to other
firms or the final consumer, except for some will-call pickups. There
is little on-site sales activity with the customer present. Examples
include: Separate warehouses used by retail stores such as furniture
and appliance stores; household moving and general freight storage;
cold storage plants, including frozen food lockers; major wholesale
distribution centers; truck and air freight terminals; railroad switching
yards; bus and railcar storage lots; taxi fleet parking and dispatch;
fleet parking; parcel services; major postal facilities; grain terminals;
and the stockpiling of sand, gravel and other aggregate materials.
Facilities for the transmission of analog or digital voice
or communications information between or among points using electromagnetic
signals via antennas, microwave dishes and similar structures. Supporting
equipment includes cabinets, towers, electrical equipment and other
accessory structures.
An unoccupied ground area fully open to the sky between the
street line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between any
property line drawn parallel thereto, and between the front and rear
yards.
The Zoning Board of Appeals of the Village of Nyack.
