A.
Word usage.
(1)
Words used in the present tense include the future tense. The singular
includes the plural.
(2)
The word "lot" includes the word "plot" or "parcel."
(3)
The word "shall" is always mandatory.
(4)
The word "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."
(5)
The word "he" also refers to "she."
B.
ACCESSORY BUILDING
ACCESSORY USE
ACRE
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
AGRICULTURE
ALTERATION
ANIMAL CLINIC
ANIMAL HOSPITAL
AREA, BUILDING
AUTOMOBILE SERVICE STATION or GASOLINE STATION
AWNING
BED-AND-BREAKFAST
BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
BUILDING HEIGHT
BUILDING LINE
CAMP, SUMMER
CAR WASH
CENTRAL SEWER AND CENTRAL WATER
CERTIFICATE OF OCCUPANCY
CLINIC, OUTPATIENT
CLUBHOUSE
CODE ENFORCEMENT OFFICER
COMMERCIAL CENTER
COMMERCIAL RECREATION, INDOOR
COMMON AREAS
COMPREHENSIVE PLAN
CONVALESCENT HOME
CONVENIENCE STORE
CONVENIENCE STORE/FUEL SALE
COVERAGE
CUSTOM WORKSHOP
DANCE/MUSIC STUDIO
DAY CARE
DOMESTIC ANIMALS
DWELLING
DWELLING, ONE-FAMILY DETACHED
DWELLING, TWO-FAMILY
DWELLING UNIT
EASEMENT
EVENT VENUE
FAMILY
FARM DISTILLERY
FARM WINERY
FIRE MARSHAL
FLOOR AREA, GROSS
FRONTAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, REPAIR
GOLF COURSE
GROUP-CARE FACILITY
GUEST UNIT
HAZARDOUS MATERIAL
HEALTH CLUB
HEALTH SPA
HIGHWAY
HOME OCCUPATION
HORTICULTURE
HOSPITAL
HOTEL
INDUSTRIAL OR OFFICE PARK
INDUSTRY, LIGHT
JUNKYARD
LANDSCAPING BUSINESS/NURSERY
LIVESTOCK
LOT
LOT AREA
(1)
(a)
(b)
(c)
[1]
[2]
[3]
(d)
(2)
(3)
LOT, CORNER
LOT, FLAG
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
MARTIAL ARTS STUDIO
MEDICAL/DENTAL OFFICE
MEMBERSHIP CLUB
MINI SELF-STORAGE FACILITY
MOBILE HOME
MOBILE HOME COURT OR PARK
MOTEL
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NURSERY SCHOOL
OFFICE (GENERAL/PROFESSIONAL)
OPEN SPACE (FOREVER GREEN)
OUTDOOR RECREATION FACILITY
OUTDOOR STORAGE
PARKING AREA OR SPACE, OFF-STREET
PARKING LOT
PATIENT OR OTHER ACCOMMODATION UNIT
PERFORMANCE GUARANTY
PERSON
PERSONAL SERVICE
PLACE OF WORSHIP
PLANNING BOARD
PLAT
PRINCIPAL BUILDING
PRINCIPAL USE
PUBLIC SEWER AND PUBLIC WATER
PUBLIC UTILITY
QUARRY or QUARRYING OPERATIONS
RECREATIONAL VEHICLE
RESTAURANT
RESTAURANT, DRIVE-IN OR FAST-FOOD
RETAIL BUSINESS
RIDGE PRESERVATION VIEW CORRIDOR
RIDING ACADEMY
SATELLITE EARTH STATION
(1)
(2)
(3)
SATELLITE EARTH STATION HEIGHT
SCHOOL, PRIVATE
SCHOOL, PUBLIC
SERVICE BUSINESS (NONPERSONAL)
SHOPPING CENTER
SIGN
SITE PLAN
(1)
(2)
(3)
SPECIAL PERMIT
STORABLE/PORTABLE SWIMMING, WADING OR IMMERSION POOLS or STORABLE/PORTABLE
SPAS AND HOT TUBS
STREET
STREET LINE
STRUCTURE
SWIMMING POOL
TRADITIONAL NEIGHBORHOOD DESIGN
TRAILER, CAMPING
TRANSIT VILLAGE
VILLAGE BOARD
USABLE OPEN SPACE
USE
WAREHOUSE
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
ZONING BOARD OF APPEALS
ZONING DISTRICT
Definitions. For the purposes of this chapter, certain terms or words
used herein shall be interpreted or defined as follows. Any word or
term not noted below shall be used with a meaning as defined in the
latest edition of Webster's Third New International Dictionary of
the English Language.
A subordinate or supplemental building, the use of which
is customarily incidental to that of the principal building.
A subordinate or supplemental use customarily incidental
to the principal use and located on the same lot with such principal
use.
A land area of 43,560 square feet.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or viewing
on the premises by use of motion-picture devices or any other coin-operated
means and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas or an establishment
with a segment or section devoted to the sale or display of such material.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages and which features topless dancers,
strippers, male or female impersonators or similar entertainers.
An enclosed building with a capacity of fewer than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for presenting material having as a dominant
theme material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas for observation by patrons therein.
The science and practice of the cultivation of the soil for
food products or other useful or valuable growths.
As applied to a building or structure, a rearrangement in
the structural parts or in the ingress or egress facilities or an
enlargement requiring a building permit, whether by extending on a
side or by increasing in height, or the moving from one location or
position to another.
A place where animals or pets are given medical or surgical
treatment but where there are no facilities for housing animals.
The same as a clinic but with housing for animals.
The total of areas taken on a horizontal plane measured from
the outside wall at the main grade level or levels of the principal
building and all accessory buildings, exclusive of uncovered porches,
terraces and steps.
A building or place of business where gasoline, fuel, oil
and grease and/or batteries, tires and minor automobile accessories
are supplied and dispensed directly to the motor vehicle trade and
where minor repair service is rendered or where only gasoline, fuel
or oil is sold to the motor vehicle trade.
A roof-like covering of metal, canvas duck or similar material
attached to a metal frame and attached or supported entirely from
a building.
A private owner-occupied dwelling in which at least one and
not more than five rooms are offered for transient, overnight lodging
and breakfast is offered to such occupants. No public restaurant shall
be maintained. This shall not include rentals such as Airbnbs or VRBO.[1]
[Amended 9-9-2021 by L.L. No. 11-2021]
Any structure 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, property or other materials, including
any combination of materials forming any construction. The term "building"
shall include the term "structure," as well as the following:
Signs.
Walls, other than retaining walls projecting above the ground
not more than three feet at the higher ground level and not more than
6 1/2 feet at the lower ground level.
Radio, television and microwave antennas, except for such antennas
installed on the roof of a building and extending not more than 15
feet above the highest level of the roof of such building.
Pergolas, porches, outdoor bins and other similar structures.
Fixed awnings.
Swimming pools.
Transmission towers.
Wind turbines.
Detached solar energy systems.
The height, in feet, of a building shall be determined from
a datum established by the average elevation of paved open spaces
which are suitable for the approach of fire department equipment and
curb levels, where established, both of which are within 50 feet of
the exterior walls of the building. Such height shall be measured
from such datum to the highest level of a flat or mansard roof or
to the average height of a pitched, gabled, hip or gambrel roof, excluding
bulkheads and other roof construction.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or an overhang, the vertical plane will coincide with
the most projected surface.
One or more temporary or permanent tents, buildings or structures,
together with the lot or tract of land appertaining thereto, established
or maintained as living quarters for temporary occupancy and not arranged
or intended for such occupancy except during the period, or part of
the period, from June 15 to October 15 in any year.
Use involving the washing, cleaning or detailing of passenger,
commercial or recreational vehicles. Recycled water shall be used
during this process.
Communal sewage disposal systems and communal water supply
systems approved by the Village Board and any other public agencies
having jurisdiction thereof.
A document issued by the Village Building Department Code
Enforcement Officer allowing the occupancy or use of a building and
certifying that the structure or use has been constructed and can
be used in compliance with all applicable state codes and Village
ordinances.
The same as a hospital, except that there shall be no overnight
accommodations.
A building used by a business or membership organization
for social or recreational purposes.
That person designated by the Village Board to enforce the
zoning regulations.
A structure or tract of land providing more than one permitted
or special permit retail or service use designed, maintained and operated
as a unit, in single ownership or control, and sharing certain facilities
in common, such as driveways, parking areas, drainage, utilities and
screening.
A recreation use conducted entirely within the building where
tickets are sold or fees collected for the activity.
One or more parcels of land and/or water within a development designed and intended for the use or enjoyment of the residents or employees therein. Such common areas may contain forever-green open space to be left in its natural state, as defined in Chapter 215 of the Code of the Village of Woodbury, and recreation areas with such complementary structures and improvements for active or passive recreational pursuits as are necessary and appropriate for the benefit and enjoyment of the residents or employees of the development, subject to all applicable Village and state regulations, including Chapter 215 of the Code of the Village of Woodbury regarding open space administration.
A identification of the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Village.
A building facility utilized for the purpose of aiding or
assisting the recovery of health and/or rehabilitation following sickness.
A retail establishment of up to 5,000 square feet selling
primarily food products, household items (not furniture or appliances),
sundries, newspapers and magazines, beverages and a limited amount
of freshly prepared food such as sandwiches and salads for off-premises
consumption. No more than six seats shall be provided.
See "convenience store," except that sale of automotive fuel
and other automotive products may occur on the same site and be considered
one use.
That percentage of the lot area covered by the building area
and all impervious surfaces. Parking areas, regardless of how surfaced,
shall be considered impervious.
[Amended 6-25-2020 by L.L. No. 5-2020]
A business premises used for the making of clothing, millinery,
shoes, arts and crafts items or other personal articles to individual
order and specifications, and not including retail sales or the manufacture
of machinery, vehicles, appliances and similar heavy goods and ready-to-wear
or standardized products.
A building or portion thereof utilized for teaching dance
or music (voice or instrumental), whether individual or in classes.
A facility providing supervision or care to five or more
minor children not residing on the premises during daytime hours but
which is not primarily intended for medical or educational purposes.
Various species of animals such as cats, dogs, hamsters and
the like which are normally and conventionally housed in residential
dwellings or adjacent thereto.
A building or that part of a building designed or used as
the living quarters for one or more families.
A dwelling containing only one dwelling unit, not attached
to any other dwelling, on its own lot of record.
A detached dwelling containing two separate dwelling units,
on its own lot of record.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, including cooking and plumbing equipment,
for one family. A boardinghouse, hotel, dormitory or convalescent
home shall not be deemed to constitute a dwelling unit.
A grant of the use of land by the public or by a corporation
or persons for specific purposes.
The use of land, structures or buildings for gatherings and events where compensation may be paid to the property owner for said use, such as, but not limited to weddings, banquets, parties, fundraisers, conferences, celebratory or educational activities and other similar events. This shall not include any events that attract 200 or more persons, which shall be subject to Chapter 243 (“public assembly, outdoor”). It is not the intent of this definition to regulate gatherings hosted by a property owner, family member of the property owner, or leasee of property, whose residence is the property in question for the purpose of celebrating a birthday, holiday, or similar special occasion. However, if such gatherings are occurring on a frequent basis necessitating a need to regulate to preserve the public, health, safety and welfare, as determined by the Building Inspector, then the Building Inspector may require the property owner apply for a temporary special permit under this chapter.
[Added 3-3-2023 by L.L. No. 3-2023]
Any number of persons related by blood, marriage or adoption,
or any number of persons who are not so related, living together as
a single nonprofit housekeeping unit, using all rooms and housekeeping
facilities in common and having such meals as they may eat at home
generally prepared and eaten together.
A facility which possesses a New York State farm distillery
license and produces liquor, where 75% of the ingredients in its products
are from New York State. This may include a tasting room where New-York-State-labeled
products (beer, cider, wine, mead, and/or liquor) may be tasted and
sold and a gift shop.
[Added 5-30-2023 by L.L. No. 7-2023]
A facility which possesses a New York State farm winery license
and where grapes are grown and/or converted to wine for sale to the
public or to other businesses, which may also include a wine tasting
room where New-York-State-labeled wines and wine products grown or
processed on the property may be tasted and sold.
The Village of Woodbury Fire Marshal appointed by the Village
Board.
The sum of the areas of all floors of a building as measured
from the exterior walls.
The length of the property line separating a lot from the
street right-of-way line, measured along the street right-of-way line.
An enclosed space for the storage of not more than four motor
vehicles, provided that no business, occupation or car service is
conducted for profit therein nor space for more than one car is leased
to a nonresident of the premises.
A building, other than a private garage, used for storage,
housing or care of gasoline- or other power-driven vehicles or where
such vehicles are equipped for operation or kept for remuneration,
hire or sale.
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, body or engine
repair, rental, lubricating, washing, servicing, adjusting or equipping
of automobiles or other motor vehicles.
A minimum of 18 holes, each consisting of a teeing ground,
fairway, rough and other hazards, landscaped and designed for the
game of golf.
A noninstitutional home set up in theory, size, appearance
and structure to bear the general character of a family unit in a
relatively permanent household headed by at least one supervisory
individual, to be occupied by between six and 12 persons, which is
operated or sponsored by a public social service or private nonprofit
agency, subject to approval by the New York State Department of Social
Services.
A bedroom sleeping accommodation for transient guests, which
may or may not include bathroom facilities and shall be occupied by
no more than two adult persons and be at least 80 square feet in area.
Material that is flammable, combustible, explosive, radioactive,
reactive, corrosive or toxic to humans, as defined and quantified
in the United States Environmental Protection Agency regulations under
40 CFR 116.
A business establishment with equipment and facilities for
exercising and improving physical fitness. Facilities may include
both indoor and outdoor amenities but shall be subject to different
bulk requirements as shown in the use and bulk table.
A business establishment intended for relaxation and/or meditation
where a number of personal services are offered in a serene atmosphere.
Facilities may include both indoor and outdoor amenities directly
related to the spa use such as walking paths or meditation gardens
but shall be subject to different bulk requirements as shown in the
use and bulk table.
Any state highway, county road or Village highway or street
and, unless the context indicates otherwise, any street laid out on
a filed subdivision map which connects with a state highway, county
road or Village highway or street. Generally, "highway" and "street,"
as used herein, mean the same thing. The boundary of the road shall
be presumed to be not less than 25 feet from the center line of the
traveled way or 30 feet in the case of a collector road or arterial.
Any gainful occupation customarily conducted within a dwelling,
or in a structure that is occupied by a use accessory to the dwelling,
by the owner/occupant thereof, clearly secondary to the use of the
dwelling for living purposes, and which does not change the character
of the structure as a residence. Said activity shall not have more
than one nonresident employee and shall not occupy more than 500 square
feet or 1/2 of the ground floor area of the dwelling or its equivalent
elsewhere in the dwelling whichever is less, if so used. Permissible
home occupations include but are not limited to the following: an
art studio; dressmaking; offices of a clergyman, lawyer, physician,
dentist, architect, engineer, real estate agent or accountant; and
teaching of music, dancing or other instruction, limited to one pupil
at a time. However, home occupations shall not be construed to include
uses such as the following: a clinic or hospital; an animal hospital
or kennel; a restaurant; or a barber- or beauty shop.
The art of growing fruits, vegetables or ornamental plants.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified, with overnight patient
and/or staff housing. A hospital shall be deemed to include a sanitarium,
clinic, convalescent home, nursing home, rest home or other building
with an equivalent appellation.
A facility offering rooms for transient (occupied for less
than 30 consecutive days) lodging accommodations for compensation
to the general public and wherein all rooms are connected to interior
hallways and thereby to interior elevators, lobbies and/or stairways,
through which access to the exterior is gained. Motels and motor courts
are not included in this definition and are prohibited in all zoning
districts.
[Amended 3-24-2016 by L.L. No. 3-2016; 6-13-2019 by L.L. No. 3-2019; 6-22-2023 by L.L. No. 9-2023]
A tract of land providing for more than one industrial use
as defined under "industry, light" and/or business, research and professional
office use, designed, maintained and operated as a unit in single
ownership or control and sharing certain facilities in common, such
as driveways, parking areas, drainage, utilities and screening.
Enterprise engaged in the manufacture, predominantly from
previously prepared materials or finished products or parts including
processing, fabrication, assembly, treatment, packaging, incidental
indoor storage, sales and distribution of such products, but excluding
chemical processing. Finished products shall not exceed 40 cubic feet
or weigh more than 2,000 pounds per unit. Light industry is capable
of operation in such a manner as to minimize external effects such
as smoke, noise, soot, dirt, vibration, odor, etc., which impacts
shall meet or exceed the highest applicable standards established
by federal or state agencies.
Any area of land, including buildings thereon, which is used
for the collecting, storage and/or sale of wastepaper, rags, scrap
metal or discarded material or for the collecting, dismantling, storage
or salvaging of machinery or vehicles and/or for the sale of parts
thereof.
An establishment that conducts the retail sale and/ or wholesale sale of plants, trees or shrubs, as well as accessory items (but not including power equipment or other machinery) directly related to their care or maintenance, subject to the requirements of § 310-34.
Domestic animals kept for use on a farm or raised for sale
and profit.
A parcel of land, coincident with a lot or lots shown on
a map of record (filed in the County Clerk's office), which is occupied
or which is to be occupied by a building and its accessory buildings,
if any, or by a group of buildings accessory thereto, if any, together
with the required open spaces appurtenant to such building or group
of buildings.
[Amended 3-24-2016 by L.L. No. 2-2016; 6-25-2020 by L.L. No. 5-2020]
For purposes of residential subdivisions and all nonresidential
uses, lot area shall be determined as follows:
From the tract's metes and bounds, calculate, by mathematical
formula or by accurate planimetry of the horizontal plane, the total
gross lot area.
Deduct from the gross lot area as defined in Subsection (2)(a)
above all Village, state- or federally designated wetlands, any land
subject to flooding or ponding based on the twenty-five-year design
storm inundation, public or utility rights-of-way, public utilities
or lands otherwise unsuitable for development as determined by the
Planning Board based upon existence of natural or man-made features
not to be disturbed.
Deduct from the gross lot area as defined in Subsection 2(a)
above the sum of:
Twenty percent of all lands classified as steep slopes (slopes
with a topographical gradient equal or greater than 15% but less than
25%);
Fifty percent of all lands classified as very steep slopes (slopes
with a topographical gradient equal or greater than 25%, but less
than 35%); and
Eighty percent of all lands classified as excessively steep
slopes (slopes with a topographical gradient greater than 35%).
Calculate the remainder net lot area by subtracting Subsection
(2)(b) and (c) above from Subsection 2(a); this land must equal or
exceed the minimum lot area required in the zone. When two or more
deductions overlap, the area shall be deducted from lot area once.
In addition to the above, an area of at least 80% of the gross
minimum lot area requirement in the applicable zone shall be contained
in land with slopes of less than 15%. The Planning Board may permit
a portion of this remaining area to contain easements and other areas
deducted from the gross area in Subsection (2)(b) above if it determines
that these areas, which are frequently along the boundary lines of
parcels, do not impact the ability of the lot to be properly developed.
The computation of minimum net lot area for establishing the
number of development lots shall be based on original predevelopment
land conditions. Additionally, the final subdivision layout shall
produce lots fully complying with this criterion in their proposed
developed configuration.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of the intersection does not exceed
135°. A lot abutting a curved street shall be deemed a corner
lot if the tangents to the curve at the points of intersection of
the side lot lines with the street lines intersect at an interior
angle of less than 135°. For purposes of defining yards, a corner
lot shall have two front yards and one rear yard opposite the front
entrance and one side yard.
A lot located in such a position that it is to the rear of
some other lot fronting on the same street and which rear lot is served
by means of a private accessway, which is part of the lot.
The property line of a lot coinciding with the street line
of the street upon which the lot fronts.
The property line of a lot opposite and generally parallel
to the front lot line.
Any lot line other than a front or rear lot line.
A lot which fronts upon two streets which do not intersect
at the boundaries of the lot.
The minimum distance between the side lines of a lot, measured
at the required front yard setback line.
An establishment where individual or group classes are held
or participants go to practice or perform any of the commonly accepted
forms of martial arts.
Offices occupied by a medical or dental professional who
regularly sees patients for medical treatment or care but with no
patients staying overnight.
A land and/or building containing uses such as but not limited
to recreational facilities, clubhouses and usual accessory uses, open
only to members and their guests for a membership fee.
A facility comprised of buildings or structures in existence
on July 1, 1999, used or designed to be used as a warehouse, as defined
herein, converted into separate, individually accessible, leasable
or rentable storage spaces of varying sizes, generally limited to
a maximum of 600 square feet per unit, where access to all units is
from the interior.
A vehicle or structure with a body width exceeding eight
feet or a body length exceeding 32 feet, which may be towed on its
own running gear and which may be temporarily or permanently affixed
to real estate, used for nontransient residential purposes and which
conforms to American Standards Association Code Provision A-119, as
amended, American Standard for Installation in Mobile Homes of Electrical,
Heating and Plumbing Systems or Manufacturers' Association Mobile
Home Standards for Plumbing, Heating and Electrical Systems.
A parcel of land under single ownership or control occupied
by two or more mobile homes used for residential purposes, including
appurtenant facilities.
A facility offering rooms for transient (occupied for less
than 30 consecutive days) lodging accommodations for compensation
to the general public and which access to the room is gained through
exterior stairs or parking areas.
[Amended 6-13-2019 by L.L. No. 3-2019; 6-22-2023 by L.L. No. 9-2023]
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the building regulations of this chapter for the
district in which it is situated, irrespective of the use to which
such structure is put.
A lot, the area or dimension of which was lawful prior to
the adoption, revision or amendment of a zoning ordinance but which
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
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 regulations 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 not more than 75 children from two to six years of age inclusive,
operated five days per week and not less than seven months per year.
Administrative, executive, professional, research, or similar
business having only limited contact with the public. This does not
include doctors, dentists or other medical professionals.
Any land required to be left undeveloped in its natural state
as a precondition of approval of a proposed subdivision, cluster or
planned unit development.
A facility whereby patrons pay a fee to utilize permitted
outdoor activities, including but not limited to skiing, snowboarding,
snow tubing, tennis, swimming, ice skating, horseback riding or hiking.
The storage of building supplies, raw materials, finished
products, machinery and equipment not within a building and screened
by an opaque sight barrier not greater than eight feet in height.
In no case shall materials be stored so as to exceed the height of
the sight barrier.
An off-street space available for the parking of one motor
vehicle with an area 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 or alley.
An off-street, ground-level area with a dustless surface
and improved proper markings, drainage, etc., for the temporary storage
of motor vehicles.
Bed space designed for occupancy or used by one occupant
of a hospital, sanitarium or nursing home, including such space occupied
by each owner and each member of his family and each employee and
member of the staff.
Any security, in accordance with the requirements of this
chapter, which may be accepted by the Village Board as a guaranty
that on-site and public improvements required as part of an application
for development are satisfactorily completed.
Any association, partnership, corporation, cooperative group,
trust or other entity, as well as an individual.
An establishment primarily engaged in providing services
involving the specialized care of a person or a person's apparel,
including but not limited to beauty shop, nail salon, barber shop,
tailor shop or exercise, martial arts or dance studio.
A building designed or adapted for use by a religious organization
for conducting formal religious services or religious assembly on
a regular basis.
The Planning Board of the Village of Woodbury.
A map, plan or layout of an area of land or subdivision indicating
the location and boundaries of the lots, plots, blocks or sites, with
or without streets.
A building or buildings occupied by the principal use on
a site.
The primary use of a building, structure or site; generally
that use requiring the largest lot size, setback or buffer within
the zoning district in which it is located.
Communal sewage disposal systems and communal water supply
systems owned and operated by a public agency.
A use necessary for the safe and efficient operation of a
gas, water, communication, electric or sewage disposal system for
the benefit of the public.
Any place where stone, sand, gravel, minerals or other natural
material, except topsoil, is removed prior to processing for the purpose
of sale or any other commercial purpose other than such as may be
incidental to excavating or regrading in connection with or in anticipation
of building development or landscaping on the site.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, including
but not limited to travel trailer, trucks, campers, camping trailers
and self-propelled motor homes.
Any premises where food is commercially sold for on-premises
consumption to patrons seated at tables or counters where table service
and printed menus are provided. Any facility without table service
and printed menus and/or making use of carhop or parking lot service
to cars or where the food is to be eaten outside of the structure,
off the premises, shall not be considered a restaurant for the purpose
of this chapter and shall be deemed to be a drive-in or fast-food
restaurant.
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state, usually served in paper, plastic or other disposable containers,
for consumption within the restaurant building, elsewhere on the premises,
or for carry-out, for consumption off the premises.
An establishment engaged in selling or renting goods or merchandise
to the general public in small quantities for personal and/or household
consumption or business use and rendering services incidental to the
sale of such goods. A "gas station" or "automobile service station"
shall not be considered a retail business. Establishments which sell
prepared sandwiches or other food, with no table service, for consumption
mainly off the premises but who may have up to 14 seats will be considered
retail for the purposes of this chapter.
Those state and county roadways designated on the Zoning
Map from which development at elevation of 600 feet or higher along
ridges and hillsides is visible.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of a ranch
or similar establishment.
A combination of:
An antenna or dish antenna whose purpose is to send or receive
communication or other signals from orbiting satellites and other
extraterrestrial sources.
A low-noise amplifier (LNA) which is situated at the focal point
of the receiving and sending component and whose purpose is to magnify
and transfer signals.
A coaxial cable whose purpose is to send or carry the signals
into the interior of the building.
The height of the antenna or dish measured vertically from
the bottom of the base which supports the antenna to the highest point
of the antenna or dish when positioned for operation.
An institution, not owned by a public agency, which offers
to its students formal education and is chartered by the Board of
Regents of the University of the State of New York.
An institution under the jurisdiction of a school district
or other public agency and legally constituted by the State of New
York to offer free formal education to residents of the district.
A business or nonprofit organization that provides services
to the public, either on or off premises, including but not limited
to building, electrical, plumbing, landscaping contractor with no
sale of products, taxi service, educational services, cleaning, locksmith,
photocopying, printing services of less than 5,000 square feet, repair
and restoration.
A group of stores, shops and similar establishments occupying
a single or adjoining structures, all of which may be deemed one building
if designed as an architectural unit and if it has adequate space
in the rear for loading and unloading commodities and provides ample
space for off-street parking for patrons.
Any message attached to any structure or part thereof or
represented thereon, which shall display or include any letter, word,
model, symbol, banner, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement. The term "sign" includes the words "billboards," "freestanding
sign" and "interior sign," as well as a flag, pennant or insignia
of any nation, state, city or other political unit or of any political,
educational, charitable, philanthropic, civic, professional, religious
or like campaign, drive, movement or event.
A development plan for one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices.
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board, incident
to issuance of a building permit.
An authorization for a specified use of property that is
deemed appropriate to a given district if certain conditions are satisfied,
including compatibility with adjacent uses, but which may be incompatible
within the district if conditions are not satisfied. Said use is permitted
only if conditions are satisfied.
A pool, spa or hot tub that is constructed on or above the
ground and is capable of holding water with a maximum depth of 42
inches (1,067 mm), or a pool with nonmetallic, molded polymeric walls
or inflatable fabric walls regardless of dimension.
[Added 6-13-2023 by L.L. No. 8-2023]
See "highway."
The right-of-way line of a street.
See "building."
Any nonportable pool installed above or below ground, containing
an artificial body of water at least six inches deep, to be used for
swimming or bathing. As used herein, the word "pool" shall be synonymous
with the words "swimming pool."
A development that exhibits several of the following characteristics:
pedestrian orientation, mixed land uses, public open spaces, a variety
of housing prices and types and street connectivity within walking
distance to shops, services and transit.
A vehicle designed for temporary living purposes which does
not exceed 32 feet in length and is not provided with water and sewer
connections suitable for year-round use; includes "recreation vehicle."
A development in close proximity to a train station which may include multifamily residences, offices, recreation, a theater, light industry, hotel and conference facilities and commercial uses in a mixed-use, pedestrian oriented aesthetically pleasing design as described in detail in the Village's Comprehensive Plan and § 310-31.3 of this code.
The Village Board of the Village of Woodbury.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of nonrecreational
structures of any kind, which is accessible to all occupants of the
building or buildings on said lot for purposes of active or passive
outdoor recreation and which generally does not contain slopes or
grades in excess of 30%.
The specific purpose for which land or a building is arranged,
designed or intended or for which either land or a building is or
may be occupied or maintained.
A building used primarily for storage of raw materials or
finished products for distribution or long-term storage.
A ground area between the street line (right-of-way) and
a line drawn parallel or generally parallel thereto at the building
line, unoccupied by any building or structure other than exceptions
as provided herein such as fences or retaining walls. See also "yard,
required."
A ground area between the rear lot line and a line drawn
parallel or generally parallel thereto at the building line, unoccupied
by any part of a building or structure other than exceptions as provided
herein such as fences, retaining walls or accessory buildings. See
also "yard, required."
That portion of a yard which is required by this chapter
to be left open and unoccupied by any part of a building or structure
other than by exceptions as provided herein such as fences, retaining
walls or accessory buildings.
A ground area between a front yard and rear yard and between
a property line and a line drawn parallel thereto at the side building
line, unoccupied by any part of a building or structure other than
exceptions provided herein such as fences, retaining walls or accessory
buildings. See also "yard, required."
The Board of Appeals of the Village of Woodbury.
A finite area of land, as designated by its boundaries on
the Zoning Map, throughout which specific and uniform regulations
govern the use of land and/or the location, size and use of buildings.
[1]
Editor's Note: The former definition of "boardinghouse," which
immediately followed this definition, was repealed 9-9-2021 by L.L. No. 11-2021.