A.
Unless otherwise listed below, the numbers, abbreviations,
terms and words used herein shall have the meanings of common usage
as set forth in the latest edition of Webster's New Collegiate Dictionary.
Terms of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary.
B.
Unless the context clearly indicates to the contrary,
words used in the present tense include the future tense; words used
in the singular number include the plural; words used in the plural
number include the singular; the word "herein" means "in this chapter";
the word "requirements" means chapter; and the words "this chapter"
shall mean "this chapter and the maps included herein as enacted or
subsequently amended."
C.
The word "person," as used in this chapter, shall
be defined to include but not be limited to an individual, a partnership,
a joint venture, a corporation, an unincorporated association, a firm
or any other form of entity, contractors, subcontractors or journeymen;
"used" or "occupied," as applied to any land or building, shall be
construed to include the words "intended, arranged or designed to
be used or occupied."
D.
The "Town" is the Town of Stony Point in the County
of Rockland, State of New York; the "Town Board," "Board of Appeals,"
"Planning Board" and "Building Inspector" are respectively the Town
Board, Board of Appeals, Planning Board and Building Inspector of
the Town.
E.
"Article" as a term of reference in this chapter refers
to this chapter and not "article" as defined in the Code of the Town
of Stony Point.
F.
"Shall" is always mandatory, except when applied to
public officials, in which event "shall" is directory. Time requirements
shall, nevertheless, be considered mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to, and customarily in connection
with, the principal building, structure or use and which is located
on the same lot with the principal building, structure or use. Any
accessory building or structure attached to a principal building or
structure is deemed to be part of such principal building or structure
in applying the bulk requirements to such building or structure. No
use shall be considered accessory where such use requires a greater
area of a lot or larger setbacks or yards or for which greater restrictions
than for the principal use on the lot are imposed by this chapter.
An accessory use cannot be greater than the primary use.
[Amended 6-8-1999 by L.L. No. 7-1999]
Physically touching or bordering upon or sharing a common
property line or major portion thereof.
A facility for the care and treatment of animals, including
shelters and like facilities, other than animal kennels as defined
herein.
American National Standards Institute.
[Added 10-23-2002 by L.L. No. 4-2002]
A system of electrical conductors for radiating or receiving
radio waves.
[Added 10-23-2002 by L.L. No. 4-2002]
The measure of land in a horizontal plane, uncorrected or
adjusted for legal encumbrances, surface conditions or slope.
The conduct, within a fully enclosed building, of repairs
to the drive train and chassis of vehicles.
A building or area of land designed exclusively for the cleaning
of motor vehicles, whether by machinery line or with hand-operated
cleaning devices. The incidental washing or cleaning of vehicles associated
with other permitted uses shall not be deemed "automotive washing
facilities" under this chapter.
The average height of a stand of trees. For the purpose of
determining the maximum height of a wireless telecommunications facility
to be installed on a wooded lot having at least 20 trees within 100
feet of the proposed site, the average height of the trees located
within 200 feet of the proposed site, in relation to the proposed
facility, shall be used to determine the average tree canopy. Such
heights may be determined by the use of a clinometer or other appropriate
measurement device.
[Added 10-23-2002 by L.L. No. 4-2002]
That portion of a building which is partly underground but
which has at least 50% of its interior height, measured from floor
to ceiling, above the average finished grade of the ground adjoining
the building.
An owner-occupied dwelling designed, used and occupied as
a single-family residence, managed by the property owner, where overnight
lodging is provided to transient visitors in one to four guest bedrooms,
up to a maximum of eight guests, for compensation. Breakfast is the
only meal served and is included in the charge for the room. This
term does not include boardinghouses, motels, hotels, tourist courts,
motor lodges, tourist cabins or similar terms.
[Added 5-13-1997 by L.L. No. 8-1997]
Any habitable space in excess of 75 square feet, other than
a living room, dining room, bathroom, hallway or kitchen.
A sign which directs attention to a business, commodity,
service, entertainment or attraction conducted, sold, offered or existing
elsewhere than on the same lot where such sign is displayed or not
for the principal use of such lot.
A completely enclosed structure for the vertical storage
of boats.
[Added 3-10-2015 by L.L.
No. 2-2015]
An area of specified dimension extending between a rear or
side property line or a zoning district line and a required yard.
The buffer shall not be used or otherwise encroached upon by any activities
on the lot so as to provide for adequate separation and protection
from otherwise inharmonious or incompatible uses.
Any structure, or extension thereof or addition thereto,
having a roof supported by such things as columns, posts, piers or
walls and intended for the shelter, business, housing or enclosing
of persons, animals or property.
See "accessory."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
That part of a building, structure or nonbuilding use which
does not conform to one or more of the applicable bulk requirements
of this chapter.
Any plot, including its area of land or water, or land and
water, on which are located two or more cabins, tents, shelters, houseboats
or other accommodations of the design or character suitable for seasonal
or other more or less temporary living purposes, primarily for children,
but not including a day camp, trailer camp, rooming house, tourist
home, hotel, motel, summer colony, hospital, place of detention, school
of general instruction, dormitory or nursery school.
[Amended 4-27-2021 by L.L. No. 4-2021]
The quarters of a person or persons employed by the owner
of the primary dwelling on a full-time basis to perform duties involving
domestic housekeeping and/or cleaning and/or property maintenance
for the primary residence.
[Added 7-12-2005 by L.L. No. 4-2005]
That portion of a building which is partly or wholly underground
but which has less than 50% of its interior height, measured from
floor to ceiling, above the average finished grade of the ground adjoining
the building.
Official certification that a building or structure conforms
to this chapter and the New York State Fire Prevention and Building
Code and may be occupied.
Official certification that a building or structure or part
thereof conforms to the use requirements and other pertinent provisions
of this chapter and may be used in conformity with law.
The mounting of wireless telecommunications equipment and
appurtenances used by two or more providers on the same antenna support
structure, monopole or tower.
[Added 10-23-2002 by L.L. No. 4-2002]
A building designed and equipped for the indoor conduct of
sports, exercise, leisure time activities or other customary or other
usual recreational activities, operated for profit and which can be
open only to bona fide members or open to the public for a fee. Recreational
uses/facilities may include the following: weight training, tennis,
racquetball, squash, swimming pool, running track, bowling alley,
skating rink, rock climbing and similar uses. Commercial recreation
facilities may include accessory uses and facilities, including the
following: locker rooms, tanning studios, child care area, juice or
snack bar, equipment sales, and similar uses incidental to the operation
of the commercial recreation establishment.
[Added 12-12-2000 by L.L. No. 7-2000]
A building separated on all sides from adjacent open space
or from other buildings by fixed exterior walls or party walls, pierced
only by windows and entrance or exit doors and covered by a permanent
roof.
An area or strip of land of specified dimension, identified and shaded on a site plan or subdivision map, as deemed appropriate by the reviewing agency or municipal board, consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to limit view and/or sound from one site to adjacent or nearby sites or other properties, or to provide a natural undisturbed boundary between the built environment and water bodies, watercourses and other environmentally sensitive areas. No structure shall be erected or encroach into a conservation buffer. Trees, shrubs, fences, landscaping, berms and other similar activities designed to continuously limit view and/or sound, and thereby advance a purpose of a conservation easement, shall be allowed. However, within a wetland or stream conservation buffer, activities proposed within said buffer areas shall be allowed only in accordance with the regulations contained in §§ 215-72.1 and 215-72 of this Zoning Chapter. This definition shall apply to all areas and strips of land identified prior to the effective date hereto as a conservation easement, whereby and wherein such conservation easements were not perfected by filing pursuant to § 49-030(1) of the New York State Environmental Conservation Law.
[Added 9-13-1994 by L.L. No. 6-1994; amended 5-9-2000 by L.L. No. 2-2000; 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000]
An easement granting a right or interest in real property
that is appropriate to retaining land or water areas predominately
in their natural, scenic, open or wooded condition, retaining such
area as suitable habitat for fish, plant or wildlife, maintaining
existing land uses or protecting water quality. A conservation easement
shall be designated and shaded on all site plan and subdivision maps
and appropriately dedicated prior to the signing of said maps. Land
subject to a conservation easement must remain in its natural state,
uninterrupted by earthmoving, primary or accessory structures, fences,
sheds, plantings, shrubbery, berms, landscaping or any other imposing
disturbance.
[Added 9-13-1994 by L.L. No. 6-1994; amended 5-9-2000 by L.L. No. 2-2000; 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000]
A building or area of land where a person, firm or corporation
engaged in the construction business, or a related field, stores building
materials, equipment and supplies used exclusively in his business
as a contractor. Retail or wholesale sale of any contractor's materials
or supplies is prohibited.
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings. It does not include any such
area with no windows opening upon it except windows on a stairway.
An "outer court" extends to a street or yard; an "inner court" does
not.
The percentage of the area of the lot covered by a building
or buildings.
The percentage of the upland area of a lot covered by buildings,
parking and loading areas, accessory structures, outdoor storage areas,
including boat storage areas, and other areas devoted for use in conjunction
with the principal or accessory uses of a lot.
[Amended 6-14-1994 by L.L. No. 3-1994]
A space between the ceiling of one story and the floor of
the next story, or between the ground and the first floor, which usually
contains pipes, ducts, wiring and lighting fixtures and permits access
but is too shallow in height to allow a person to stand.
Any plot of land, including any buildings or structures thereon,
if any, used for any assembly for recreational purposes on a seasonal
basis but not including any nursery school unless the bulk requirements
for a "day camp" are met by said nursery school, nor including any
living quarters except for one one-family residence on the plot.
A facility licensed by the New York State Department of Social
Services that provides care for three or more children, for more than
three and less than 24 hours per day, in premises other than the residence
of the care provider.
[Added 4-14-1998 by L.L. No. 4-1998]
See "street line, designated."
The measure of volume or capacity of a street or parking
area during a sixty-minute period in order of rank for a calendar
year. For the purpose of this chapter, the 30th hour volume or capacity
shall be deemed the "design hour."
The comprehensive master plan adopted by the Planning Board
for the development of the entire unincorporated area of the Town,
pursuant to § 272-a of the Town Law, showing the desirable
streets, bridges and tunnels and the approaches thereto, viaducts,
parks, public reservations, roadways in parks, sites for public buildings
and structures, waterways and drainage systems and such other features,
existing and proposed, as will provide for the improvement of the
Town and its future growth, protection and development and will afford
adequate facilities for the housing, transportation, distribution,
comfort, convenience, public health, safety and general welfare of
the population of the Town.
A building or part of a building containing private or semiprivate
rooms which open to a common hallway, which rooms are sleeping quarters
for administrative staff, faculty or students, along with the following
communal facilities: dining hall, kitchen, laundry, lounge and recreation
facilities, as required. Dormitory rooms shall not contain separate
cooking, dining or housekeeping facilities, except that one dwelling
unit with complete housekeeping facilities may be provided for use
of a superintendent or supervising staff for every 50 dormitory rooms
or major part thereof. No more than one communal dining room shall
be provided in any building or structure used for dormitory purposes.
Single-family, two-family and/or other multiple residential facilities
other than that described above are not to be considered as "dormitories."
Private rooms may be occupied by no more than one person, and semiprivate
rooms may be occupied by no more than two persons.
[Amended 4-27-2021 by L.L. No. 4-2021]
See "junkyard."
[Amended 4-27-2021 by L.L. No. 4-2021]
A surface which is adequately covered with screenings, stone,
gravel, concrete or bituminous products, or adequately treated with
oil, calcium chloride or similar dust-inhibiting substances, and maintained
in good condition at all times.
[Amended 4-27-2021 by L.L. No. 4-2021]
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, having no enclosed space
(other than vestibules, entrances or other hallways or porches) or
cooking or sanitary facilities in common with any other dwelling unit.
A house trailer, boarding or rooming house, convalescent home, dormitory,
fraternity house, hotel, inn, lodging, nursing or other similar home
or other similar structure shall not be deemed to constitute a "dwelling
unit."
[Added 4-27-2021 by L.L.
No. 4-2021]
The average setback on each street on which a lot fronts
established by three or more buildings within the same zoning district,
within 300 feet on each side of such lot along the same side of the
street but not beyond any intersection.
Any activity where stone, sand, gravel, minerals or other
natural material, except topsoil, is removed for the purpose of sale
or any other commercial purpose other than such as may be incidental
to excavating or regarding in connection with, or in anticipation
of, building development or landscaping on the site.
A visual area site plan with supporting material, which shall
include information necessary to allow the appropriate board or department
to understand the existing, proposed and long-range plans of the applicant.
[Added 10-23-2002 by L.L. No. 4-2002]
One or more persons occupying a a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a family.
[Amended 6-8-1999 by L.L. No. 7-1999]
The Federal Communications Commission.
[Added 10-23-2002 by L.L. No. 4-2002]
An unroofed barrier or unroofed enclosing structure, including
retaining walls.
A change or adjustment to an approved site development plan,
due to field conditions, that will not substantially alter the intent,
layout or design of the approved plan.
The gross floor area of all buildings on a lot divided by
the area of the lot.
The number of sinusoidal cycles made by electromagnetic radiation
in one second; usually expressed in units of hertz (HZ).
[Added 10-23-2002 by L.L. No. 4-2002]
The horizontal distance measured along the full length of
a street line abutting the lot.
A building or other structure or a tract of land used for
the retail servicing of motor vehicles, including the sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories
and replacement items; washing and lubrication services; and the performance
of routine automotive maintenance and repairs. Sale of other retail
products from the premises shall not be deemed to affect the use of
the facility as a "gasoline service station."
The accessory use of a residence, or any portion thereof,
occurring more than 10 times per year for gatherings of 30 or more
resident and nonresident persons or occurring more than 12 times in
any ninety-day period for gatherings of more than 20 resident and
nonresident persons.
[Added 4-27-2021 by L.L.
No. 4-2021]
The sum of the gross horizontal area of every
floor of a building, measured from the exterior faces of exterior
walls or from the center line of party walls separating the two buildings,
including:
"Gross floor area," in determining parking requirements
for businesses, shall be calculated using usable space, which shall
not include cellars, attics, roofed porches or utility rooms.
[Added 5-8-1990]
The point at which the aerial portion of a wireless telecommunications
facility, or tower, is secured or fastened to the supporting base.
[Added 10-23-2002 by L.L. No. 4-2002]
The vertical distance from the average elevation of the proposed finished grade along the wall of a building, or adjacent to the side of a nonbuilding use, to the highest point of the roof for flat roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs of such building, or nonbuilding uses, except as specifically exempted in § 215-28.
Any site designated by municipal, county, state or federal
agencies as having significance as an historic site or structure.
[Added 10-23-2002 by L.L. No. 4-2002]
An accessory use of a personal-service character customarily
conducted entirely within a residence, by the residents thereof, which
use is incidental and secondary to the use of the residence for dwelling
purposes; which does not change the character thereof; which does
not have any exterior evidence of such accessory use other than a
permitted announcement sign; which does not involve, except as otherwise
permitted in residence districts, the parking, storage or standing
of any commercial vehicles or construction equipment or the outdoor
storage of materials; and which does not involve the keeping of a
stock-in-trade, or the sale of any goods, or the use of any chemical,
mechanical or electrical equipment which is not a customary household
appliance or light office equipment. Said activity shall not occupy
more than 1/2 of the ground floor area of the residence or its
equivalent elsewhere in the residence if so used. No more than one
person other than the residents engaged in such activity may be employed
by them in connection with said activity. The conducting of a clinic,
hospital, barbershop, beauty parlor, photographer's salon, tearoom,
tourist home, animal hospital, boarding or breeding kennel, convalescent
home, funeral home, stores of any kind or any similar use shall not
be a home occupation.
An accessory office of a person located within his or her
residence devoted to a professional service occupation, in which knowledge
in some department of science or learning is applied to the affairs
of others, either advising or guiding them or otherwise serving their
interest or welfare through the practice of a profession founded on
such knowledge. Said office activity shall be incidental and secondary
to the use of the residence for dwelling purposes, shall not change
the character thereof and shall not have any evidence of such accessory
use other than a permitted announcement sign. Said activity shall
not occupy more than 1/2 of the ground floor area of the residence
or its equivalent elsewhere in the residence if so used. In said activity,
no more than two persons, including members of the family residing
on the premises, shall be employed.
A building which has transient living and sleeping accommodations
for rent for 10 or more persons and which is open for year-round occupancy;
a "hotel" or "motel" shall include similar establishments designated
as auto courts, tourist cabins, etc.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials such as wastepaper, rags
or scrap material or used building materials, house furnishings, machinery,
vehicles or parts thereof, with or without the dismantling, processing,
salvage or sale of other use or disposition of the same. A deposit
or the storage on a plot of two or more unregistered, wrecked or broken-down
vehicles or parts of two or more such vehicles for one week or more
in an R District, or for three weeks or more in any other district,
shall be deemed to be a "junkyard."
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed and wherein there is no display
of any material or products.
Establishments that deal in the retail sales of convenience
goods (food, drugs and sundries) and such personal services as laundry
and dry cleaning (pick-up and delivery), hair styling and shoe repair.
The maximum permitted aggregate gross floor area on any site shall
not exceed 100,000 square feet. The floor area of any single store
shall not exceed 8,000 square feet, except that food stores or combined
sales stores may not exceed 45,000 square feet. Other commercial uses
of any kind elsewhere specified in this chapter shall not be deemed
"local convenience commercial."
Establishments that include art studios, banks, offices of
salesmen, attorneys, dentists, sales representatives, architects,
brokers, physicians, engineers, insurance agents, real estate agents,
land surveyors, musicians, antique shops, barbershops, funeral chapels
or other activities found by the Planning Board to be related to the
services to the neighborhood residents or of a character consistent
in scale, intensity of activities and traffic generation, including
traffic from outside the immediate neighborhood, with local convenience
commercial activities. Other uses of any kind elsewhere specified
in this chapter shall not be deemed "local office-business."
A designated parcel, tract or area of land, established by
plot, subdivision or as otherwise permitted by this chapter, to be
used, developed or built upon as a unit.
The total horizontal area included within the property lines of a lot, except that for any minimum lot area specified in this chapter, the area shall be adjusted as set forth in § 215-16A.
A lot at the junction of, or abutting on, two or more intersecting
streets where the interior angle of intersection does not exceed 135º.
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 135º.
Any boundary of a lot other than a street line.
The lot line which abuts or runs along the designated street
line. In the case of a lot situated to the rear of another lot, its
"front lot line" shall be the rear lot line of the front lot for purposes
of measuring the front setback.
The lot line generally opposite the street line, If the "rear
lot line" is less than 10 feet in length or if the lot comes to a
point in the rear, the "rear lot line" shall be deemed to be a line
parallel to the front lot line not less than 10 feet long lying farthest
from the front lot line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front setback requirement.
An area of land designated for the placement of one manufactured
housing unit within a manufactured housing community.
[Added 4-14-1998 by L.L. No. 5-1998; amended 6-21-1999 by L.L. No. 8-1999]
A parcel of land which has been designed and improved for
the placement of manufactured housing units for non-transient use.
[Added 4-14-1998 by L.L. No. 5-1998; amended 6-21-1999 by L.L. No. 8-1999]
A detached single family dwelling unit with all of the following
characteristics:
[Added 4-14-1998 by L.L. No. 5-1998; amended 6-21-1999 by L.L. No. 8-1999]
Designed for long-term occupancy and containing
sleeping accommodations, a flush toilet, a tub or shower bath and
kitchen facilities with plumbing and electrical connection provided
for attachment to outside systems.
Designed to be transported after fabrication
on its own wheels, or on flatbed or other trailers or detachable wheels.
Arriving at the site where it is to be occupied
as a complete dwelling, including major appliances and ready for occupancy
except for minor and incidental unpacking and assembly operations.
Any premises containing one or more piers, wharves, docks,
mooring, bulkheads, buildings, slips, basins or land under water designed,
used or intended to be used primarily for the docking or mooring of
boats for compensation.
[Added 3-10-2015 by L.L.
No. 2-2015]
The average noise level over a twenty-four-hour period, except
that a 10 dBA reduction in the noise level shall be made from the
hours of 10:00 p.m. to 7:00 a.m. as promulgated by the United State
Environmental Protection Agency.
[Added 10-8-2013 by L.L. No. 2-2013]
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not comply with the bulk requirements of this chapter for the
district in which it is situated, irrespective of the use to which
such structure is put.
Any use of a building or structure, lot or land, or part
thereof, lawfully existing at the effective date of this chapter,
or any amendments thereto affecting such use, which does not conform
to the use requirements of this chapter for the district in which
it is located.
Any private school accredited by the Education Department
of the State of New York, designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
operated at least five days per week and seven months per year. No
nursery school shall be operated during the months of July and August
unless it meets with the requirements of a day camp as specified in
this chapter, except for any school operated with a number of children
no greater than the average attendance throughout the regular school
year and without use of an outdoor swimming facility or pool.
Establishments that include offices of salesmen, sales representatives,
architects, engineers, physicians, dentists, attorneys, insurance
brokers, real estate brokers and persons with similar occupations.
Other uses of any kind elsewhere specified in this chapter shall not
be deemed "office, professional and business."
The "Official Map," adopted and established by the Town Board,
of that part of the Town outside of the limits of any incorporated
village, showing the streets, highways, parks and drainage systems
laid out on such map, including any references to more detailed maps
and studies. The "Official Map" is final and conclusive with respect
to the location and width of streets, highways, drainage systems and
parks shown thereon, and the "Official Map" is established to conserve
and protect the public health, safety and general welfare.
Includes all vested or contingent interests of any person
or his agent, representative, successor or assignee, irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her
spouse, child, parent, sibling or spouse of sibling, heir or next
of kin, agent, corporation, firm, entity, partnership or unincorporated
association.
Ownership of property by different corporations,
firms, partnerships, entities or unincorporated associations, in which
such a person is a stockholder, a partner or associate, or his or
her spouse, child, parent, sibling or spouse of sibling, heir or next
of kin or owns an interest of 10% or greater in each corporation,
firm, partnership, entity or unincorporated association.
When such person or his estate, successors or assigns, or any person or entity included in Subsections A and B herein, may be materially or substantively affected by the relief sought, or by any determination in any proceeding sought, before any board, body, commission or agency of the Town of Stony Point, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
Lot or part thereof used for the storage of motor vehicles,
which contains space rented to the general public by the hour, day,
week, month or year.
See the following definitions: "community place of worship";
and "neighborhood place of worship."
[Added 4-27-2021 by L.L.
No. 4-2021]
The principal use of a building or structure, for regular
organized religious assembly other than a neighborhood place of worship.
[Added 4-27-2021 by L.L.
No. 4-2021]
The principal use of a building or structure for regular
organized religious assembly with a maximum capacity of 200 seats.
[Added 4-27-2021 by L.L.
No. 4-2021]
The primary or predominant use for which a lot or building
is used.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven, and primarily designed as temporary
living accommodations for recreational, camping and travel use and
including but not limited to travel trailers, truck campers, camping
trailers and self-propelled motor homes. A "recreational vehicle"
shall not be used for permanent living accommodations.
[Added 12-23-1985]
A building or part thereof designated, principally used or
occupied for one or more dwelling units but not including a tourist
home, hotel, motel, tourist cabin, summer colony or trailer. No structure
accommodating the assembly of more than 49 persons more than three
times per year shall be deemed a residence or part thereof, with the
exception of recreation facilities such as clubhouses designed to
serve several multifamily or one-family attached residential dwellings.
The assembly of more than 49 persons more than three times per year
in a structure otherwise considered a residence shall constitute a
nonresidential use, the appropriate specific category of which shall
be determined by the Building Inspector based upon the definitions
and requirements of this chapter.
[Amended 4-27-2021 by L.L. No. 4-2021]
A residence containing three or more units.
[Added 10-8-2013 by L.L. No. 2-2013; amended 3-10-2015 by L.L. No. 2-2015; 4-27-2021 by L.L. No. 4-2021]
A residence containing one dwelling unit only.
[Amended 4-27-2021 by L.L. No. 4-2021]
A one-family residence which is attached to one or more one-family
residences by party walls or walls, but which occupies all space between
foundation and roof.
[Added 3-10-2015 by L.L.
No. 2-2015; amended 4-27-2021 by L.L. No. 4-2021]
A one-family residence which is separated from other buildings
by open space.
[Amended 4-27-2021 by L.L. No. 4-2021]
A residence containing two dwelling units in common ownership.
A residence containing two dwelling units in separate ownership shall
be considered two one-family attached residences.
[Amended 4-27-2021 by L.L. No. 4-2021]
See "gathering place, residential."
[Added 4-27-2021 by L.L.
No. 4-2021]
Any establishment, however designated, at which food and
beverages are sold primarily for consumption on the premises, whether
in a building or elsewhere on the property.
A restaurant in which at least 75% of the value of food and
drink sold is consumed on the premises.
[Added 3-10-2015 by L.L.
No. 2-2015]
Radio frequency.
[Added 10-23-2002 by L.L. No. 4-2002]
The top or crest of a mountain or mountain range.
[Added 3-9-1993 by L.L. No. 3-1993]
Any street which serves to carry traffic from local residential
streets to secondary streets.
Any street which serves primarily as an access to abutting
residential properties.
Any street which is used primarily as a route for traffic
between communities or large areas.
Any street which serves to carry traffic from collector streets
to a system of major streets.
An RR, R-1 or SRC District in the Town of Stony Point or
a corresponding district in an adjoining municipality.
Any area with a defined boundary and designation by municipal,
county, state or federal agencies as having scenic significance.
[Added 10-23-2002 by L.L. No. 4-2002]
Any public or nonpublic pre-K, kindergarten, elementary,
junior high, or high school subject to 8 NYCRR Part 100 regulations;
or any college, university or postgraduate school that offers instruction
at least five days per week and seven months per year.
[Amended 4-27-2021 by L.L. No. 4-2021]
Any public or private elementary, junior high school, high
school or college offering courses in religious instruction at least
five days per week and seven months per year.
Any nonpublic school conducting a regularly scheduled curriculum
of specialized or vocational study, such as trade or technical programs,
except that a school offering religious vocational training at least
five days per week and seven months per year shall be deemed a school
of general instruction.
[Amended 4-27-2021 by L.L. No. 4-2021]
A strip at least 10 feet wide, densely planted,
or having equivalent natural growth, with shrubs or trees at least
four feet high at the time of planting, of a type that will form a
year-round dense screen at least six feet high within three years;
An opaque wall or barrier or uniformly painted
fence at least six feet high; or
Any other islands, barriers, emplacements, walls,
fence, trees, plantings, shrubbery or other artificial or natural
dividing strips or markers of any kind, wherever located on the site,
conditioned or required in any building permit, certificate of occupancy,
site development plan, subdivision approval, special permit, variance,
zone change or other requirement of any board, agency, commission
or official of the Town of Stony Point pursuant to this chapter.
Housing which is normally provided in a congregate setting
that allows those individuals who qualify as residents in the SRC
Zone to live in an individual apartment setting with some assistance
for normal daily activities, such as dressing, bathing and meals,
but no medical services are provided.
[Added 9-12-2000 by L.L. No. 5-2000]
A residential development consisting of a multifamily residence
or multifamily residences which have dwelling units designed for and
occupied by senior citizens, which shall be constructed with the assistance
of mortgage financing or other financial assistance insured by or
procured through or with the assistance of a state or federal governmental
agency, and is constructed and maintained on a nonprofit or limited-profit
basis by an organization or its wholly-owned subsidiary incorporated
pursuant to the provisions of the Private Housing Finance Law of the
State of New York.
Housing that, for all conventional purposes, functions as
an apartment dwelling, however, is restricted to residents who qualify
to live in the SRC Zone.
[Added 9-12-2000 by L.L. No. 5-2000]
A semi-attached townhouse that, for all conventional purposes,
functions as a townhouse, however, are also restricted to occupancy
by individuals who qualify to live in the SRC Zone.
[Added 9-12-2000 by L.L. No. 5-2000]
The minimum distance between a principal building, structure
or use and a property line of the lot or, where a buffer is required,
between the principal building, structure or use and any part of the
buffer (See Sketches B and C found at the end of the definitions.[1])
See "established setback."
The distance from the building or use to the front lot line.
The distance from the building or use to any lot line other
than to the front or rear lot lines.
The distance from the building or use to the rear lot line.
A structure or structures and customary parking and loading
areas providing for a variety of retail commercial establishments
managed as a unit and having the following characteristics:
A unified architectural treatment and identifiable
theme relating each of the commercial establishments within.
A common interrelated parking and site circulation
system with consolidated access to public roads.
Individual establishments oriented to pedestrian
traffic by access signs and display, which are not generally visible
or only incidentally visible to the parking areas.
Common amenities provided to patrons apart from
the commercial establishments, such as benches, site decoration and
landscaping, rest rooms and the like.
Common spaces which are available for public
assemblage, special events and local notices.[2]
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Each 10 feet or fraction thereof of height shall be deemed a "story"
in absence of finished floors.
That area of land within which or upon which the flow of
water is ordinarily and normally confined due to existing topography
or built devices, including the channel or bed and banks thereof.
It includes the area between the mean high water lines on each side
of a stream. The stream may be intermittent or ephemeral and need
not contain water year-round. An "intermittent" or "ephemeral" stream
is a stream that periodically goes dry.
[Added 5-9-2000 by L.L. No. 2-2000; amended 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000]
A street, which is one of the following: an existing Town,
village, county or state highway or road; a public road shown on a
filed subdivision plat; or a street shown on the Official Map of the
Town.
A line equidistant from each street line of a street or,
if no street line is established, the center line of the existing
pavement or, if the street is unpaved, the center line of the existing
traveled way.
See "frontage."
The right-of-way line of a street.
The line established by the Official Map as the street right-of-way,
whether or not in public ownership.
A combination of materials constructed, assembled or erected,
on, above or below the ground or attached to something having location
on, above or below the ground, including but not limited to buildings,
fences, tanks, towers and swimming pools.
Supervisory staff including:
[Added 4-27-2021 by L.L.
No. 4-2021]
Teachers or professors of the school of general or special instruction
who perform no less than 15 hours per week of classroom instruction
for said school of general or special instruction; or
Any other employee of the school of general or special instruction
who performs no less than 30 hours per week of work for said school
of general or special instruction.
A student who is enrolled for no less than six weeks and
no less than 30 hours of instruction per week for elementary and secondary
schools, or 15 hours of instruction per week for post-secondary schools.
[Added 4-27-2021 by L.L.
No. 4-2021]
A recreational club with swimming facilities operated for
members and their guests, whether or not operated for gain.
IN-GROUND POOLAn artificial pool or structure intended for wading, bathing or swimming purposes made of concrete, masonry, metal or other impervious material and which is an accessory use to a residence and for the exclusive use of the occupants of the residence and their guests.
ABOVEGROUND POOLAn artificial pool or structure which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to the pool and which is an accessory use to a residence for the exclusive use of the occupants of the residence and their guests.
The Town's Technical Advisory Committee shall consist of
the Town Planner, Town Engineer, Planning and/or Zoning Board Attorney,
and Town Building Inspector. This Committee shall meet prior to and
outside of the regular Planning and Zoning Board meeting schedule
to evaluate the technical adequacy of all applications to the Town's
Land Use Boards and make recommendations for revisions of such applications
to the applicant and final recommendations to the appropriate board.
Members of the Planning Board and Zoning Board may attend and participate
at TAC meetings so long as they do not constitute a quorum of their
respective boards.
[Added 10-8-2013 by L.L. No. 2-2013]
Any device, including the supporting structure(s) and all
related appurtenances, used to support equipment, used to transmit
and/or receive radio waves as part of single or multi-way telecommunications.
[Added 10-23-2002 by L.L. No. 4-2002]
Land is "underwater" where it is so shown on the United States
Geological Survey (USGS) Map of the Town or where it is within the
channel lines of a classified stream as shown on the Rockland County
Drainage Agency Official Map. In addition, soils classified as "muck
soils" by the United States Soil Conservation Service, based on field
investigations, shall be deemed land "underwater."
The specific purpose for which land or a building is used
or occupied or maintained.
A use customarily incidental and subordinate to the primary
use on a lot, whether such "accessory use" is conducted in a principal
or accessory building or on the lot.
See "nonconforming use."
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 this chapter.
[Added 10-8-2013 by L.L. No. 2-2013]
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 this chapter.
[Added 10-8-2013 by L.L. No. 2-2013]
See "animal shelter."
Any facility for the receiving or transmitting of wireless
signals for commercial purposes, such as cellular telephone services,
personal telecommunications services (PCS), fleet telecommunications
systems and similar commercial facilities, whether operated in support
of another business activity or available for the transmission of
signals on a sale or rental basis. As used herein the term shall include
necessary equipment buildings, including footings and foundations,
as well as towers, monopoles, rooftops and any tower to be installed
either upon or to extend the height of any existing tower.
[Added 10-23-2002 by L.L. No. 4-2002]
Open and unobstructed ground area of the plot, extending
inward from a lot line for the distance specified in the requirements
for the district in which the lot is located. Where a buffer is required,
the buffer shall be deemed to commence at the lot line, and the yard
requirement shall be deemed to commence from the interior line of
the buffer. (See Sketches B and C.[3])
A required yard extending along the full length of the front
lot line between the side lot lines.
A required yard situated along the rear lot line and extending
the full width of the lot to the side lines of the lot.
A required yard extending along a side lot line from the
required front yard, or from the front lot line if there is no required
front yard, to the required rear yard or to the rear lot line if there
is no required rear yard.
[1]
Editor's Note: Sketches B and C are included
at the end of this chapter.
[2]
Editor's Note: The former definitions of "sign,"
"advertising sign," "announcement sign," "area sign," "business identification
sign," "directory sign," "display sign," "flashing sign," "identification
sign," "illuminated sign," "plan sign," "shopping center identification
sign" and "wall area sign," which immediately followed this definition,
were deleted 6-8-1999 by L.L. No. 7-1999.
[3]
Editor's Note: Sketches B and C are included
at the end of this chapter.
