A.
Words stated in the present tense include the future,
the singular includes the plural, and the plural includes the singular.
The word "person" includes a corporation, partnership or other combination
of persons. The word "lot" includes the word "plot." The word "building"
includes the word "structure." The word "shall" is mandatory and not
directory and does not indicate mere futurity unless the context clearly
so requires. The words "Village Board," "Board of Appeals," "Planning
Board," "Building Inspector" or "Code Enforcement Officer," "Village
Attorney," etc., mean, respectively, such officers or boards of the
Village of Tarrytown. The term "Board of Trustees" means the Village
Board. The term "certificate of compliance" means "certificate of
occupancy." The term "occupied" or "used" as applied to any land or
building shall be construed as though followed by the words "or intended,
arranged or designed to be occupied or used."
B.
ACCESSORY DWELLING UNIT or ADU
ADULT BOOKSTORE or ADULT VIDEO STORE
ADULT ENTERTAINMENT CABARET
ADULT ENTERTAINMENT USE
ADULT HOME
ADULT MOTION-PICTURE THEATER
ADULT THEATER
AGRICULTURAL ACTIVITY
ALTERATION
ALZHEIMER'S/DEMENTIA CARE HOUSING
ANTENNA
ANTENNA ARRAY
APPLICANT
AQUATIC BUFFER or ADJACENT AREA
AQUATIC ECOSYSTEM
ASSISTED-LIVING FACILITY
ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY
AUTOMOBILE SALES LOT
BASEMENT
BED-AND-BREAKFAST
BOARDER
BOARDINGHOUSE
BUFFERS
BUILDING
BUILDING, ACCESSORY
BUILDING AREA
BUILDING COVERAGE
BUILDING FRONT
BUILDING LINE
BUILDING, MAIN
BUILDING REAR
BUSINESS
CANNABIS RETAIL DISPENSARY
CELLAR
CHANNEL
CHEMICAL PILOT PLANT
CLEARING
CODE ENFORCEMENT OFFICER
COLLOCATION
COMPATIBLE USE PERMIT
CONFERENCE CENTER
CONGREGATE HOUSING
COURT
CULTURAL INSTITUTION
DECK
DEDICATION
DESIGN MANUAL
DEVELOPER
DISTRICT
DORMITORY
DWELLINGS
(1)
(2)
(3)
(4)
(5)
EASEMENT
ENGINEER or LICENSED PROFESSIONAL ENGINEER
EROSION CONTROL MANUAL
ESTABLISH or ESTABLISHMENT
(1)
(2)
(3)
(4)
EXTENDED-STAY HOTEL
FAA
FAMILY
(1)
(2)
(3)
(a)
(b)
(c)
FCC
FILLING STATION
FLOOR AREA RATIO (FAR)
FOUNDATION
FREESTANDING TOWER
FRESHWATER WETLAND
GARAGE, PRIVATE
GARAGE, PUBLIC
GENERAL OFFICES
GRADING
GROSS RESIDENTIAL FLOOR AREA
GROUP HOME
GUEST ROOM
HEIGHT OF BUILDING
HEIGHT, FLOOR-TO-CEILING
HOME OCCUPATION
HOSPITAL
HOTEL
IMPERVIOUS COVER
IMPERVIOUS SURFACE AREA
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
INN
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
LIGHT EXPOSURE PLANE
LIVABLE FLOOR AREA
(1)
LOADING SPACE
LODGER
LOT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
MAINTENANCE AGREEMENT
MASTER PLAN
MIXED USE
MOTEL
NONCONFORMING USE
NONIONIZING ELECTROMAGNETIC RADIATION (NIER)
NONPOINT SOURCE POLLUTION
NURSING HOME
OCCUPIED BY THE PUBLIC
OFFICIAL MAP
PARKING SPACE
PEEP SHOW
PERSON
PERVIOUS SURFACE AREA
PHASING
PLANNING BOARD
POLLUTANT OF CONCERN
PORCH, ENCLOSED
PORCH, UNENCLOSED
PRELIMINARY LAYOUT
PREMISES
PROJECT
RECHARGE
REQUIRED MINIMUM STREET FRONTAGE
REQUIRED OPEN SPACE
RESEARCH LABORATORY
(1)
(2)
(3)
(4)
(5)
(6)
RESERVOIR
RESIDENTIAL HOTEL
ROOMING HOUSE
RUNOFF
(1)
(2)
(3)
SCHOOL
SEDIMENT CONTROL
SEMIDETACHED DWELLING
SENIOR COMMUNITY
SENSITIVE AREAS
SERVICE-ENRICHED ASSISTED-LIVING HOUSING (SEAL)
SITE PLAN
SKETCH PLAN
SOCIAL CLUB
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STABLE
STEALTH
STOP-WORK ORDER
STORAGE SPACE
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SWPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STORY
STORY, HALF
STREET
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
STRUCTURE
(1)
(a)
(b)
(c)
(2)
SUBDIVIDER
SUBDIVISION
(1)
(2)
SUBDIVISION PLAT
SURFACE (STORM) RUNOFF
SURFACE WATERS OF THE STATE OF NEW YORK
SURVEYOR
SWIMMING POOL
TRAILER COACH
UNDERSIZED LOT
USE
USE, ACCESSORY
VARIANCE, AREA
VARIANCE, USE
VEGETATION
VILLAGE ENGINEER
WAIVER
WATERCOURSE
WATER-DEPENDENT USE
WATER-RELATED INDUSTRY
WATERSHED AREA
WATERWAY
WIRELESS TELECOMMUNICATIONS SERVICES (WTS)
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY (WTSF)
YARD
(1)
(2)
(3)
Unless otherwise expressly stated, the following terms,
for the purpose of this chapter, shall have the meanings herein indicated.
For purposes of clarity and uniformity throughout this chapter of
the Village Code, some definitions may be regulatory in nature.
An accessory residential dwelling unit that provides independent
living facilities for one or more persons, including a separate kitchen,
bathroom, and sleeping area that is located either within the same
structure as, or on the same lot as, a primary dwelling unit.
[Added 2-8-2023 by L.L.
No. 2-2023]
An establishment, whether retail or wholesale, that has as
a substantial portion of its stock-in-trade books, magazines, recordings,
periodicals, films, videotapes/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 the
purpose of this definition only, "substantial" shall mean comprising
an area that is 30% or more of the total floor area available to patrons.
A nightclub, bar, restaurant or similar public or private
establishment which presents topless dancers, strippers, male or female
impersonators or exotic dancers or other similar entertainments.
Any use constituting an adult bookstore, adult motion-picture
theater, adult entertainment cabaret or peep show, as those terms
are defined herein.
A residential use that is licensed to provide room, board
and supervised care, but not continuous nursing care, for up to nine
unrelated adults.
An enclosed or unenclosed building, structure or any portion
thereof used for presenting films, motion pictures, videocassettes,
slides or similar photographic reproductions distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of sexual anatomical areas or by sexual activities.
[1]The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders or floors, or any other
change which is not merely a repair or replacement of an existing
part but which would tend to enlarge or diminish the livable floor
area of the structure or any part thereof; or to cause a change in
the location or height in the exterior walls or roof of the structure;
or to make possible a greater intensity of occupancy.
A residential facility operated by an entity licensed by
the State of New York to operate an assisted-living residence which
combines dwelling units, communal dining, routine protective oversight,
personalized assistance and supportive services, and provides twenty-four-hour
care for people suffering from Alzheimer's disease or Alzheimer's-like
disorders resulting in dementia, but who do not need the skilled medical
care provided by a nursing home or convalescent care facility.
[Added 11-18-2019 by L.L.
No. 11-2019]
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as
whip antennas, and parabolic antennas as part of, or in conjunction
with, a wireless telecommunications services facility (WTSF). Such
waves shall include, but not be limited to, radio, television, cellular,
paging, personal telecommunications services (PCS) and microwave telecommunications.
One or more rods, panels, discs or similar devices used for
the transmission and/or reception of radio frequency signals, which
may include omnidirectional antennas (whip), directional antennas
(panel) and parabolic antennas (disc).
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any land within 100 feet of a freshwater wetland.
Plants or animal life living in, growing in, or adapted to
water in a system made up of a community of living things (animal,
plants and microorganisms) which are interrelated to each other and
the physical and chemical environment in which they live.
A facility designed to provide housing for residents that
may include apartments with kitchens or bedrooms with congregate eating/socializing
facilities, office space, laundry and ancillary medical services for
residents only. Any such facility shall be licensed by the New York
State Department of Health.
An antenna array that is attached to an existing building
or structure, with any accompanying pole or device which attaches
the antenna array to the existing building or structure; connection
cables; and an equipment facility which may be located either inside
or outside of the attachment structure.
Any place outside a building where two or more vehicles are
offered for sale or are displayed.
The portion of a building that is partly or entirely below
grade which has more than 1/2 of its height, measured from floor to
ceiling, above the average finished grade of the ground adjoining
the building.
An owner-occupied dwelling in which no more than 10 rooms
are rented to guests with no more than one meal served daily and the
entire service, food and lodging, is to be included in one stated
price.
A person who occupies a bedroom or room as a lodging unit
within a dwelling unit, boardinghouse, rooming house or lodging house
on a long-term residential basis for a consideration and where meals
may be provided by the owner or operator.
See “hotel.”
Buffer areas are for the primary purpose of screening views
and reducing noise perception beyond the lot. Buffer widths shall
be measured horizontally. No structure, activity, storage of materials
or parking of vehicles shall be permitted in a buffer area. All buffer
areas shall be planted and maintained with either grass or ground
cover, together with a screen of shrubs or a scattered planting of
trees, other plant material or existing natural cover. Shrubs and
hedges used in screen planting shall be at least three feet in height
when planted and be of such density as will obscure, throughout the
full course of the year, the glare of automobile headlights emitted
from the premises. Except for existing preserved or transplanted vegetation,
evergreen species shall be at least four feet, balled and burlapped;
deciduous trees shall be at least two inches' caliper, balled and
burlapped. All trees shall be of a species common to the area of nursery
stock and free of insects and disease. Any plant material which does
not live shall be replaced within one year or one growing season.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A subordinate building, the use of which is customarily incidental
to that of the main building on the same lot.
The ground area enclosed by the walls of a building, together
with the area of all covered porches and other roofed portions.
The percentage of the lot area that is covered by a building
or buildings.
The front of a building or other structure situated on a
lot with frontage on one street is that side where the midpoint of
the building is closest to the street. Where a building is situated
on a lot having frontage on more than one street, the front of the
building is the side upon which the principal means of ingress and
egress to such building is located; in such instances, the Planning
Board may require front yard setbacks from each street frontage.
A line parallel to a street at a distance equal to the required
front yard or at a greater distance when otherwise legally established
by the municipality or by private covenant.
A building in which is conducted the principal use of the
lot on which it is situated.
The rear of a building or other structure shall be deemed
to be that side which is opposite to the side defined as the front
of said building.
Any person, firm, association, partnership, corporation or
other entity, whether for profit or not for profit.
[2]A licensed adult-use cannabis retail dispensary in accordance
with and subiect to New York Cannabis Law.
[Added 1-4-2023 by L.L. No. 1-2023]
The portion of a building that is partly or entirely below
grade which has more than 1/2 of its height, measured from floor to
ceiling, below the average finished grade of the ground adjoining
the building.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
A building or part thereof used for the development of new
chemicals and chemical processes.
Any activity that removes the vegetative surface cover.
The Village official, sometimes referred to as the "Building
Inspector," designated by the Board of Trustees to administer the
Village Local Zoning Law and other Village regulations.
The use of the same structure or telecommunications tower
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
A permit granted by the Board of Trustees pertaining to a
compatible use permitted in certain districts and designated as possessing
characteristics of such unique potential compatibility and special
form as to require additional consideration as an individual case
before approval by the Board of Trustees.
A hotel or inn that provides meeting rooms, recreation facilities
and/or dining facilities that may be open to the general public for
catering activities.
A residential use by a group of up to nine adults not defined
as a family. Such uses may include fraternity or sorority houses,
dormitories, residence halls, convents or monasteries.
An open space, other than a yard, on the same lot with a
building, which space is bounded on three sides or more by the walls
of such building.
A public or private facility open to the general public (with
or without charge for admission) intended primarily for the display
of historic or cultural material or for public presentations of historic
or cultural information.
An outdoor platform attached to the principal structure of
a building and built above the natural grade. A deck does not have
a roof and is exposed to the elements.
The deliberate appropriation of property by its owner for
general public use.
[3]The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
A district established by the provisions of § 305-6 of these regulations.
See “congregate housing.”
The terms "dwelling," "one-family dwelling," "two-family
dwelling," "multifamily dwelling" or "dwelling group" shall not be
deemed to include a rooming house, hotel, motel, tourist home, automobile
court or other accommodations used for transient occupancy.
DWELLING, ONE-FAMILYA detached building containing one dwelling unit only.
DWELLING, TWO-FAMILYA detached building containing two dwelling units only, one above the other.
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units.
DWELLING, GROUPA group of two or more one-family, two-family or multifamily dwellings occupying a lot in one ownership and having a yard in common.
DWELLING UNITA building or portion thereof providing complete housekeeping and sanitary facilities for one family.
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of his property.
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."
Any of the following:
The opening or commencement of any adult entertainment
use business as a new business;
The conversion of an existing business, whether
or not an adult entertainment use business, to any adult entertainment
use business;
The addition of any adult entertainment use
business to any other existing adult entertainment use business; or
The relocation of any adult entertainment use
business.
See “hotel.”
The Federal Aviation Administration.
It shall be presumptive evidence that four or
more persons living in a single dwelling unit who are not related
by blood, marriage, legal adoption or legal foster relationship do
not constitute the functional equivalent of a traditional family.
In determining whether individuals are living
together as the functional equivalent of a traditional family, the
following criteria must be present:
The occupants must share the entire dwelling
unit, including cooking facilities, and live as a single housekeeping
unit. A dwelling unit in which various occupants maintain separate
and locked sleeping facilities in which such occupants' separate personal
property is contained therein may not be deemed to be occupied by
the functional equivalent of a traditional family;
The group is not transient or temporary in nature.
Evidence of not being transient or temporary in nature may include
but not be limited to proof that members of the household have the
same address for purposes of voter's registration, driver's licenses,
motor vehicle registration, and the filing of income taxes and/or
other documentation of domicile; and
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
The Federal Communications Commission.
Any area of land, including structures thereof, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances, including any sale of motor vehicle accessories,
and which may or may not include facilities for lubricating, washing
or otherwise servicing motor vehicles, but not including the painting
thereof by any means or the making of other than minor repairs and
adjustments.
The numerical value obtained by dividing the gross residential
floor area of a building by the area of the lot on which the building
is constructed.
The supporting substructure of a building or structure, including
but not limited to basements, cellars, and basement garages, slabs,
sills, posts or frost walls, inclusive of any windows.
Any structure that is specifically designed for the purpose
of supporting a wireless telecommunications device. This definition
shall include monopoles and self-supporting and guyed towers.
Land and water of the Village of Tarrytown as shown on a
Freshwater Wetland Map of the Village of Tarrytown and filed with
the Village Clerk of the Village of Tarrytown by the NYSDEC and as
further defined by § 24-0107 of the Environmental Conservation
Law.
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use for an owner
or tenant.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for remuneration,
including any sale of motor vehicle accessories, or where any such
vehicles are kept for hire.
General offices shall be solely limited to offices for sales,
accounting, administrative, marketing, consulting or financial services
and to offices for licensed professional services such as attorneys'
offices, engineers' offices, architects' offices and physicians' offices
where there are no overnight stays or overnight use by any patient,
physician, staff or medical personnel, and excluding veterinary offices.
For all general offices, there shall be no use between 9:00 p.m. to
7:00 a.m. by any patient, visitor, patron, client or customer unless
otherwise approved by the Planning Board.
[Added 8-16-2021 by L.L. No. 8-2021]
Excavation or fill of material, including the resulting conditions
thereof.
The sum of the gross area of all floors of a residence, measured
to the exterior of the outside walls.
A residential use that is licensed to provide room, board
and supervised care, but not continuous nursing care, for up to nine
unrelated individuals.
Any room for occupants other than bathrooms or food preparation
and storage areas.
The vertical distance measured from the average elevation
of the existing (predevelopment) grade of the property, averaging
all four sides of the building to the highest point of the roof for
flat roofs, to the deckline of mansard roofs and to the mean height
between eaves and ridge for gable, hip and gambrel roofs.
The distance between the finished floor and the finished
ceiling of an interior space. The distance shall be equal to the length
of a theoretical line drawn from the floor to a point of the highest
portion of the ceiling directly above it and is perpendicular to the
horizontal plane of the floor.
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, with no retail sales of
products, which use is clearly incidental and secondary to the use
of the dwelling for dwelling purposes and does not change the character
thereof.
Unless otherwise specified, includes sanatorium, preventorium,
clinic and any other place for the diagnosis, treatment or other care
of ailments and shall be deemed to be limited to places for the diagnosis,
treatment or other care of human ailments.
A commercial building providing temporary overnight accommodations
to the public for compensation. The word "hotel" shall include motels,
dormitories, rooming houses, boardinghouses, extended-stay hotels
and residential hotels.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
The sum of the area of coverage or footprint of all buildings,
structures, paved areas, patios and other improved surfaces on a lot
preventing natural runoff from percolating to the ground, measured
in square feet. Areas paved with gravel, crushed stone and other pervious
materials shall not be considered impervious. Open wood decks with
spacing between floorboards shall also not be considered impervious
if they are located above a pervious surface. Calculation of the total
impervious surface area on a site shall be based upon the gross lot
area, not the net developable area on a site.
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
A structure in which more than 10 but fewer than 20 rooms
are rented to guests and that provides dining facilities open to the
general public.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, 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.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A light exposure plane is measured 45° vertically from
the neighboring setback line. Building walls shall not encroach on
a light exposure plane. If an existing structure is located within
a side yard setback, then the point of measurement for a light exposure
plane shall be from the required side yard setback.
Includes all horizontal space within the exterior or party
walls of the dwelling, exclusive of garages, cellars, heater rooms
and basements and of open unheated porches and breezeways, but shall
include the area of all heated livable rooms, kitchens, utility rooms,
bathrooms and all closets and hallways directly appurtenant thereof
and the area of all attic space having a clear height of four feet
from finished floor level to pitch of roof rafter and a clear height
of seven feet six inches from finished floor level to ceiling level
over 50% of the area of such attic space.
AVERAGE LIVABLE AREAIn a multifamily dwelling, the sum of the gross floor area of the ground floor and all living floors above the ground floor (including public hallways, stairways and elevator shafts providing access thereto but excluding all garage space, cellars, heater rooms, basements and open or unheated porches, balconies, breezeways and all nonlivable space under the roof) divided by the number of separate dwelling units in such multifamily dwelling.
Any off-street space available for the loading and unloading
of goods, not less than 15 feet wide, 45 feet long and 14 feet high
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.
See “boarder.”
Land 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, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated
and having its principal frontage on the street or on such other means
of access as may be determined in accordance with the provisions of
law to be adequate as a condition of the issuance of a building permit
for a building on such land. This definition shall include the term
"zoning lot" as differentiated from “tax lot.”
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°.
LOT, INTERIORA lot other than a corner lot.
LOT AREAThe total horizontal area included within reasonably regular lot lines, excluding all areas periodically inundated, or contained in any street or right-of-way or that projects into adjoining land a distance greater than its width at the base of such projection.
LOT AREA, GROSSThe gross area within the lot lines of a lot, including any environmentally sensitive areas such as steep slopes or wetlands, and excluding any public rights-of-way.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT WIDTHThe mean width of a lot measured at right angles to its depth.
LOT LINE, REARThe lot line generally opposite the front line. If the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT, THROUGHA lot other than a corner lot which abuts two or more streets which do not intersect at the lot.
LOT LINEThe established division line between lots or between a lot and a street.
LOT LINE, FRONTAll dividing lines between a street or right-of-way and the lot shall be considered front lines.
LOT LINE, SIDEThe line or lines bounding a lot which extend from the street toward the rear in a direction approximately perpendicular to the street. In the case of corner lots or through lots, all lines extending from streets shall be considered side lot lines.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
A comprehensive plan prepared by the Planning Board and adopted
by the Village Board of Trustees pursuant to § 7-722 of
the Village Law which indicates the general locations recommended
for various functional classes of public works, places and structures
and for general physical development of the Village of Tarrytown and
includes any unit or part of such plan separately adopted and any
amendment to such plans or parts therein.
A use permitted in accordance with § 305-129 of this chapter.
[4]See “hotel.”
Use of a building or of land that does not conform to the
regulations as to use for the district in which it is situated.
Electromagnetic radiation of such frequency that the energy
of the radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
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 remuneration, other than
municipal or incorporated hospitals and establishments for care of
the mentally ill licensed by the State Commissioner of Mental Hygiene
and maternity homes licensed by the State Commissioner of Health.
Areas not under the control of the owner or operator of the
facility to the exclusion of all others.
The map established by the Board of Trustees of the Village
of Tarrytown pursuant to § 7-724 of the Village Law, showing
streets, highways, parks and drainage, both existing and proposed.
An off-street space available for the parking of one motor
vehicle and, except as may otherwise be required in specific sections
of this chapter, having an area of not less than nine feet by 18 feet,
exclusive of passageways and driveways appurtenant thereto and giving
access thereto, and having direct access to a street.
A theater which presents materials distinguished or characterized
by primary emphasis on matters depicting, describing or relating to
sexual activities or sexual anatomical areas, in the form of live
shows, films or videotapes, viewed from an individual enclosure, for
which a fee is charged.
Any individual, corporation, partnership, firm, association,
trust, estate, public or private institution, group, agency, political
subdivision and any legal successor, representative, agent or agency
of the foregoing.
The sum of the gross lot area which allows natural runoff
to percolate into the ground, measured in square feet. Areas paved
with gravel, crushed stone or other pervious materials shall be considered
pervious surfaces as long as they are not located above an impervious
surface.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
The Planning Board of the Village of Tarrytown, New York.
Sediment or a 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 a floor, roof, and
structural supports, and permanently, seasonally, or temporarily enclosed
with solid materials, such as glass or lexan (a clear, durable, hard
plastic material). Screens, curtains, or latticework made of wire
mesh, cloth, paper, strips of wood or metal, or other similar material
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 structure attached to a building which has a floor, a roof,
and structural supports but not permanently, seasonally, or temporarily
enclosed with solid materials, such as glass or lexan (a clear, durable,
hard plastic material).
The preliminary drawing or drawings indicating the proposed
manner of layout of the subdivision or site plan to be submitted to
the Planning Board for its consideration.
A lot as defined in this section.
Land development activity.
[5]The replenishment of underground water reserves.
The distance between the side lot lines measured along the
street line; however, in the case of a corner lot, the required minimum
street frontage shall be the distance between a side lot line and
the corner.
Any required front, side or rear yard and any required enclosed
recreation area, off-street parking space, off-street loading space
or other required space permitted therein, together with the necessary
entrances, exits, passageways and landscaped borders appurtenant thereto
as required under this chapter, shall be deemed to be required open
space on the lot on which it is situated or to which it is appurtenant,
and no such required open space shall be encroached upon or reduced
in any way except as hereinafter permitted, and no such required open
space shall be used to fulfill the requirements of open space for
another principal building or use or be used in any manner not in
conformity with this chapter.
Any laboratory devoted exclusively to the pursuit of scientific
or technological research, experimentation and development of natural,
manufactured, processed or compounded material or products, including
but not limited to biological food and other consumer products, electronic
and electrochemical processes, products and equipment, pharmaceutical
products, etc. The term "research laboratory" shall also include facilities
for making measurements by such methods as but not limited to x-ray,
photography, weighing, shock, vibration and all other forms of physical
and environmental tests. In no event shall any of the following be
permitted:
Chemical pilot plants.
Motor-testing laboratories.
Animal houses, but nothing herein contained
shall prohibit the keeping and using of small animals which are commonly
used in scientific laboratories incidental to the experimentation,
development and research conducted in the aforesaid permitted laboratories,
provided that such animals shall be kept only on the interior of any
building or structure located on the property of the aforesaid permitted
laboratories and provided further that no animals shall be kept which
will create any noise or cause offenses, annoyances or disturbances
to any of the surrounding properties and to their owners and occupants,
and all offal or excretions of such small animals shall be removed
promptly and disposed of in a sanitary manner.
The use of shift workers except for maintenance
operations and except for emergency research requirements and for
experiments which require continuous procedures and study.
Laboratories engaged in research in the field
of explosives.
Any use which is noxious or offensive by reason
of emission of odor, dust, vibration, smoke, gas, noise, fumes, glare
or radiation or which presents any other hazard to public health or
safety.
A pond, lake or basin, either natural or artificial, for
the storage, regulation and control of water.
See “hotel.”
See “hotel.”
That part of the precipitation, snow melt, or
irrigation water that appears in controlled surface streams, rivers,
drains or sewers. Runoff may be classified according to speed of appearance
after rainfall or melting snow as direct runoff or base runoff, and
according to source as surface runoff, storm interflow, or groundwater
runoff.
The total discharge described in Subsection (1), above, during a specified period of time.
Also defined as the depth to which a drainage
area would be covered if all of the runoff for a given period of time
were uniformly distributed over it.
Any facility, public or private, which offers classes or
provides other educational services for minors.
Measures that prevent eroded sediment from leaving the site.
A one-family dwelling having one party wall and one side
yard.
A multifamily dwelling in which at least 80% of the dwelling
units must be occupied by one person 55 years of age or older. A senior
community shall be subject to and comply with the Housing for Older
Persons Act of 1995 and any other applicable federal laws and regulations
for housing for older persons. senior community shall not include
assisted-living facilities or congregate housing.
[Added 8-17-2020 by L.L. No. 7-2020]
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A housing facility containing a combination of an assisted-living
facility and Alzheimer's/dementia care housing, as those terms are
defined herein, together with related uses and services.
[Added 2-1-2021 by L.L.
No. 2-2021]
An illustration of land use or development considered in the context of Article XVI of this chapter.
A rough sketch of the preliminary layout to enable the subdivider
or site planner to save time and expense in reaching general agreement
with the authorized Village reviewing agency as to the form of the
preliminary layout and objectives of these regulations.
An association of persons, whether incorporated or unincorporated,
for social intercourse or other common social purpose, not conducted
for pecuniary profit, and whose officers and directors serve without
pay and are chosen directly or indirectly by the members who form
the nonprofit association. If incorporated, it must be one incorporated
under provisions of the Not-For-Profit Corporations Law or the Benevolent
Orders Law of New York.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An accessory building or portion of a main building in which
horses are kept, whether for private use or for hire, remuneration
or sale.
Any wireless telecommunications services facility (WTSF)
which is designed to enhance compatibility with adjacent land uses,
including, but not limited to, architecturally screened roof-mounted
antennas, antennas integrated into architectural elements, and WTSFs
designed not to look like a conventional WTSF but like something else
existing in the community, such as light poles, power poles, flagpoles,
and trees.
An order issued which requires that all construction activity
on a site be stopped.
Rooms or space used for storage of goods or merchandise,
but not including space used for display of merchandise.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
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.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
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 included between the upper surface
of a floor and the upper surface of the floor or roof next above.
It is measured as the vertical distance from top to top of two successive
tiers of beams or finished floor surfaces and, for the topmost story,
from the top of the floor finish to the top of the ceiling joists
or, where there is not a ceiling, to the top of the roof rafters.
Livable space above the highest full story of a building
which contains or is designed to contain finished rooms under the
roof accessible by a stairway, which rooms shall have a clear height
of four feet from finished floor to pitch of rafter and a clear height
of seven feet six inches from floor to ceiling over at least 50% of
the area of each such room. If the aggregate livable area of such
space under the roof, including area in stairways, halls and enclosing
partitions, exceeds 50% of the gross floor area of the floor immediately
below, it shall be classed as a full story in computing the height
of a building; but if such aggregate livable area is less than 50%
of the gross floor area of the floor below, it shall count as a "half
story" in determining the permissible height.
A public or private thoroughfare, however designated, which
is shown on the Official Map.
STREET GRADEThe officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
GRADE, ESTABLISHEDThe elevation of the center line of the streets as officially established by the Village.
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grades as shown on duly filed plans or designs relating thereto.
MAJOR ARTERIAL STREETA street which serves or is designed to serve heavy flows of traffic.
COLLECTOR STREETA street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
MINOR STREETA street intended to serve primarily as an access to abutting properties.
DEAD-END STREETA street or a portion of a street with only one vehicular traffic outlet.
STREET PAVEMENTThe wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTHThe distance between property lines, measured at right angles to the center line of the street.
STREET LINEThe line dividing the street and the lot.
Any combination of materials which is constructed
or erected which requires a location on the land or attachment to
something having such location, including, but not limited to:
Tents, trailers (whether movable or stationary)
or other similar structures on wheels or other supports used for business
or living purposes.
Stadiums, reviewing stands, tennis courts, platforms,
porches, staging, gasoline pumps, standpipes, outside bins, swimming
pools, pergolas, walks, fences, trellises, gates and gate posts, signs,
driveways and paved walks.
Towers and antennas.
The word "structure" shall be construed as though
followed by the words "or part thereof."
Any person, firm, corporation, partnership or association
who or which shall lay out, for the purpose of sale or development,
any subdivision or part thereof as defined herein, either for himself
or others.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land for the purpose, whether immediate
or future, of transfer of ownership or building development.
MAJOR SUBDIVISIONAll subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of municipal facilities.
MINOR SUBDIVISIONAny subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or local zoning law, if such exists, or this chapter.
The final map or drawing on which the subdivider's plan of
subdivision is presented to the Planning Board for approval and which,
if approved, shall be submitted to the County Clerk for recording
prior to the issuance of a building or construction permit.
Precipitation, snow melt or irrigation in excess of what
can infiltrate the soil surface and be stored in small surface depressions;
runoff is a major transporter of nonpoint source pollutants.
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.
Includes pools of water with a depth of 24 inches or more.
[6]Any vehicle or object on wheels which is drawn by or used
in connection with a motor vehicle and which is so designed and constructed
or added to by means of such accessories as to permit use and occupancy
thereof for human habitation, whether resting on wheels, jacks or
other foundations, and shall include the type of vehicle known as
a "mobile home."
A lot that is smaller than the minimum lot size for a zone as specified in § 305-11 of this Zoning Code.
The specific purpose for which land or a building is designed,
arranged or 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 or a building and located on the same lot
therewith.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
topographical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
All live trees, shrubs, ground cover, vines, grasses, wildflowers
and other plants.
The duly designated engineer or engineering consulting firm
of the Village of Tarrytown.
That power granted to the Planning Board by the Board of Trustees pursuant to § 305-136 of this chapter enabling the Planning Board to establish a condition(s) or modifications during the site plan review procedure, thereby eliminating or reducing the required information normally required to be submitted for site plan review.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
An activity which can only be conducted on, in, over or adjacent
to a water body because such activity requires direct access to that
water body and involves, as an integral part of such activity, the
use of the water.
An industry which benefits from being conducted on, in, over
or adjacent to a water body because such activity is functionally
related to direct access to that water body and because such activity
obtains an economic benefit through its use of the water.
Surface drainage area that contributes water to a lake or
river.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
The provision of wireless telecommunications services, including,
but not limited to, those more commonly referred to as "cellular telephones,"
which services are regulated by the FCC in accordance with and as
the term "personal wireless services" is defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. § 332(c)(7)(C), or as hereafter amended. With the
exception of communications for the Village Highway Department, the
term "wireless telecommunications services" shall specifically exclude
all other services not included in the FCC definition of "personal
wireless services."
A facility or structure designed or intended to be used or
used to support and include antennas for WTS. A WTSF is a facility
or structure intended for transmitting and/or receiving radio, television,
cellular, paging or personal wireless telecommunications services
or microwave telecommunications, but excludes facilities or structures
used exclusively for fire, police and other dispatch telecommunications,
private radio and television reception, private citizens bands, amateur
radios and other similar telecommunications. A WTSF includes, without
limit, antennas applied or affixed to the facade of a building or
roof-mounted antennas, freestanding towers, guyed towers, monopoles,
equipment shelters, and similar structures that employ camouflage
technology, and including, but not limited to, structures such as
a church steeple, water tower, flagpole, sign, or combination thereof
or other similar structures intended to mitigate the visual impact
of an antenna or the functional equivalent of such.
An open space on the same lot with a building or a group of buildings, which open space lies between the building or group of buildings and the nearest street or lot line and is unoccupied and unobstructed from the ground except as hereinafter provided. In measuring a yard, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn through the point of a building or the point of a group of buildings nearest to such lot line (exclusive of the respective features specified in § 305-47B of this chapter as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively), and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
YARD, FRONTA 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.
YARD, REARA 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.
YARD, SIDEA 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 or rear lot line, as the case may be.
[1]
Editor's Note: The former definitions of “affordability
index” and “aggregate income,” which immediately
followed this definition, were repealed 12-5-2011 by L.L. No. 13-2011.
[2]
Editor's Note: The former definition of “ceiling rate,”
which immediately followed this definition, was repealed 12-5-2011
by L.L. No. 13-2011.
[3]
Editor's Note: The former definition of “density bonus,”
which immediately followed this definition, was repealed 12-5-2011
by L.L. No. 13-2011.
[4]
Editor's Note: The former definition of “moderate income
housing,” which immediately followed this definition, was repealed
12-5-2011 by L.L. No. 13-2011.
[5]
Editor's Note: The former definition of “qualifying
income,” which immediately followed this definition, was repealed
12-5-2011 by L.L. No. 13-2011.
[6]
Editor's Note: The former definition of “target rates,”
which immediately followed this definition, was repealed 12-5-2011
by L.L. No. 13-2011.
