For the purposes of this chapter, the following terms shall have
the meanings indicated:
ACCESSORY
A building or use clearly incidental or subordinate to, and
customarily in connection with, the principal building or use on the
same lot.
AUTOMOTIVE REPAIR AND MAINTENANCE FACILITIES
The conduct within a fully enclosed building of automotive
maintenance, e.g., oil and filter changes (but excluding car washes),
exterior vehicle repairs and/or repairs to the drive train or chassis
of vehicles.
BASEMENT
A 1/2 story in a building, the structural ceiling level of
which is four feet or more above the average level of the finished
grade where such grade abuts that exterior wall of such building which
fronts on any street and the floor level of which is below the finished
grade at any point on the periphery of the building.
BED-AND-BREAKFAST
An owner occupied one-family dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers, containing at least three but not more than five bedrooms
for such lodgers.
BILLBOARD
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, service, entertainment
or attraction sold, offered or existing elsewhere than upon the same
lot where such sign is displayed, or only incidentally upon such lot.
BOARDINGHOUSE (or ROOMING HOUSE)
Any dwelling in which lodging is available for permanent
occupancy, and provided for compensation, with or without meals, to
three or more persons, either individually or as families, not related
by blood, marriage or adoption to the owner of said dwelling.
BUILDING
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
same as if no building was present; the term "building" shall include
the term "structure," as well as the following:
(3)
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.
(4)
Radio and television receiving and transmitting towers and antennas,
except 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.
(5)
Porches, decks, outdoor bins and other similar structures.
BULK
The physical relationship of a building, structure or use
to its location on a lot and other buildings, structures or uses on
the same or an adjoining lot. Bulk requirements include but are not
limited to lot area, lot width, building height, required yards, courts
and development coverage.
BULK, NONCOMPLYING
That part of a building, structure or use which does not
comply to one or more of the applicable bulk requirements of this
zoning chapter.
CELLAR
Any space in a building the structural ceiling level of which
is less than four feet above the average finished grade where such
grade abuts that exterior wall of such building which fronts on any
street. A cellar shall not be considered in determining the permitted
number of stories.
CHILD DAY-CARE CENTER
A facility providing care for seven or more children depending
on age, in accordance with a strict staff/child ratio, for more than
three hours per day but less than 24 hours per day. Centers may be
established as the sole use in an individual building or as an approved
accessory use. Day-care centers shall be licensed by the New York
State Department of Social Services.
COMPREHENSIVE PLAN
A document consisting of materials, written and graphic,
that identifies the goals, objectives, principles, guidelines and
policies for the immediate and long-range, enhancement, growth and
development of the Village of Greenwood Lake, which serves as a basis
for this zoning chapter.
CONVENIENCE STORE
Any retail establishment offering for sale prepackaged food
products, household items and other goods, generally providing quick
sale to the public and often open over extended operating hours, including
twenty-four-hour service.
COURT, INNER
An open space enclosed on all sides by exterior walls of
a building.
COURT, OUTER
An open space enclosed on three sides by exterior walls of
a building.
COURT, OUTER, DEPTH OF
The linear average dimension measured from the unenclosed
side of the court of the farthest wall thereof.
CURB LEVEL
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
DECK
An unenclosed, accessory structure constructed typically
of wood framing and used for outdoor sitting, dining and leisure activities.
A deck shall meet the same yard requirements as the principal building
to which it is accessory.
DEVELOPMENT
To make a site, lot or area of land or any portion thereof
available for use by physical alteration. "Development" includes but
is not limited to providing access to a site, clearing or removing
vegetation, grading, excavating, earthmoving, providing utilities
and other services, such as parking facilities, stormwater management
and erosion control systems and sewage disposal systems, altering
landforms, creating impervious surfaces or construction of a structure
on the land.
DOCK
A wharf or pier, or any portion thereof, or accessory structure
extending from or along the shoreline from which watercraft may be
affixed when not in use.
DRINKING ESTABLISHMENT
Any premises wherein the principal business is the sale of
alcoholic beverages at retail for consumption on the premises and
minors are excluded therefrom by law. The sale of food may also account
for a portion of the receipts of a drinking establishment. A drinking
establishment includes bars, taverns and saloons.
DWELLING, DETACHED
A single dwelling located in its own separate building which
does not abut any other dwelling.
DWELLING, ROW OR ATTACHED
A one-family dwelling with two common or party walls separating
it from adjacent units on both sides or one party wall in the case
of a building at the end of a group of attached buildings. This type
of dwelling, in units of three or more, is also known as a "townhouse"
or "rowhouse."
DWELLING UNIT
A building or entirely self-contained portion thereof containing
completed housekeeping facilities for only one family, including any
domestic servants employed on the premises and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A house trailer, a boarding-, tourist or rooming house, dormitory,
fraternity or sorority house, hotel, motel, inn, lodging, convalescent,
nursing or other similar home or other similar structure shall not
be deemed to constitute a dwelling unit.
EATING ESTABLISHMENT
Establishments primarily engaged in the retail sale of prepared
food and drinks for on-premises or immediate consumption. Eating establishments
may include cafes, coffee shops, dairy bars, pizzerias, restaurants,
hamburger stands, including fast-food establishments.
[Amended 4-1-1999 by L.L. No. 1-1999]
FAMILY
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage shall be deemed to constitute
a family unit.
FAST-FOOD EATING ESTABLISHMENT
A business enterprise primarily engaged in the sale of pre-prepared
or quickly prepared food and beverages in disposable containers or
wrappers, selected by patrons from a limited line of specialized items
for consumption either on or off the premises, in a facility in which
a major portion of the sales to patrons is at a stand-up counter and
where there is no table service or printed menu. Fast-food eating
establishments may also include drive-through service.
FLOOR AREA, GROSS
The sum of the gross horizontal area of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
FLOOR AREA, LIVABLE
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, cellars, heater rooms and
basements having a window area of less than 20% of the square-foot
area of the room. Usable floor area shall include all spaces not otherwise
excluded above, such as principal rooms, utility rooms, bathrooms,
all closets and attic space having a clear height of six feet from
the finished floor level to the pitch of the roof rafter, with a clear
height of seven feet six inches from the finished floor level to the
ceiling level over 50% of the area of such attic space.
FLOOR AREA RATIO
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
GASOLINE FILLING STATION
An establishment engaged in the retail sale of gasoline direct
to the motorist and which may also include automotive repair and convenience
store uses as accessory uses. The operation of a gasoline service
station shall not be construed to permit the sale of new or used motor
vehicles.
HEIGHT
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat and mansard roofs and to the mean height
between eave and ridge on all other types of roofs.
HOME OCCUPATION
The performance of a service (and not the sale of goods) for gain customarily conducted entirely within a dwelling unit by the residents thereof, which use is incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, does not involve the keeping of stock-in-trade and does not have any exterior evidence of such accessory use except for one identification sign as permitted in §
120-28D of this chapter.
HOTEL
A facility consisting of a building or buildings offering
transient sleeping accommodations to guests and sometimes providing
additional services, such as restaurants, meeting or conference rooms
and recreational facilities.
HOTEL, DESTINATION
A hotel facility intended as a vacation destination, encouraging
visits of longer duration (typically a week or more), and including
accessory recreational facilities, such as hiking trails, swimming,
boating, golf and/or tennis facilities. Sleeping units may be provided
as adjoining guest rooms in a principal structure or as separate guest
units, which may consist of cabins, cottages or other similar detached
structures.
INDOOR AMUSEMENT CENTER
A center containing electronic or mechanical games of skill
or dexterity, specifically excluding machines whose outcome relies
solely on chance or luck, such as those commonly known as "slot machines"
or "one-armed bandits."
INDUSTRY, LIGHT
Uses such as small-scale light manufacturing, processing,
assembly, packaging or treatment of specialized goods, such as nontoxic
computer components manufacturers, precision equipment, scientific
equipment, art objects and handcrafted goods. Said products are manufactured
in a manner that no chemical or compressive processes are required
and whose finished size does not exceed 40 cubic feet or weigh in
excess of 2,000 pounds.
JUNKYARD
Any 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,
or parts thereof, with or without dismantling, processing, salvage,
sale or other use or disposition of same.
JUNKYARD, MOTOR VEHICLE
The deposit, collection or storage on a lot of one or more junk vehicles subject to a Village permit obtained in accordance with Chapter
64, Junk Vehicles, of the Code of the Village of Greenwood Lake.
LIVE ENTERTAINMENT
An accessory use, whether conducted indoor or outdoor, associated
typically with nonresidential uses, for performance by persons on
premises of music, acting or other amusements, for the benefit of
an audience or patrons. Live entertainment shall include but not be
limited to entertainment provided by musicians, live bands, disk jockeys,
puppeteers, magicians and comedians.
LOT
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which may 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 buildings or group of buildings.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets or a lot abutting a curved street where the interior angle
of intersection does not exceed 135°. The front yard shall be
where the main access to a principal building is located or, in the
case of a vacant lot, the yard deemed appropriate for use as a front
yard by the Planning Board.
LOT COVERAGE
The percentage of the area of a lot covered by buildings,
parking areas, accessory structures and any impervious surfaces, including
natural impervious surfaces, such as rock outcrops.
LOT DEPTH
The minimum distance from the street line of a lot to the
rear lot line of such lot.
LOT LINE
Any boundary of a lot other than a street line.
LOT WIDTH
The distance between side lot lines, measured along a line
drawn parallel to the front lot line at a distance equal to the minimum
front yard requirement.
MAIN FLOOR
The largest area found by the projection of a horizontal
plane through the livable floor area which is enclosed by the exterior
walls of the building.
MANUFACTURING
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled or packaged.
MOTEL
A building or group of buildings offering transient lodging
accommodations on a daily rate to the general public with rooming
units, each of which maintains a separate outside entrance. Such building
or group of buildings is designed, intended or used primarily for
automobile travelers and provides a parking space adjacent to the
unit.
NONCONFORMING USE
A legal use, which does not conform to the use regulation
prescribed for the district in which it is situated.
[Amended 11-13-2000 by L.L. No. 2-2000]
NURSERY SCHOOL
Any private school accredited by the Education Department
of the State of New York, designated 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.
OFFICE
Any administrative, management, information processing or
professional services or like uses, typically occurred within offices.
Uses involve neither production nor transfer of goods on the premises.
PARKING LOT
An off-street area containing one or more parking spaces
with passageways and driveways accessory thereto for use on a transient
basis.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle.
PAVED SURFACE
Any hardtop surface covered by blacktop material or by concrete.
PETROLEUM BULK STORAGE FACILITY
One or more stationary tanks, including any associated intrafacility
pipelines, fixtures or other equipment, which have a combined storage
capacity of over 1,100 gallons of petroleum at the same site and requiring
registration under 6 NYCRR Part 612.
PLACE OF RELIGIOUS WORSHIP
Any structure used for worship or religious instruction,
including but not limited to a church, chapel or synagogue and including
administrative rooms accessory thereto.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which said building is located. An attached deck shall
be considered part of the principal building.
PRINCIPAL USE
The primary or predominant use for which a lot or building
is used.
PUBLIC SEWER; PUBLIC WATER
Communal sewage disposal and water supply systems approved
by the Village Board for municipal operation.
RESEARCH AND DEVELOPMENT
A building for experimentation in pure or applied research,
design or development of prototype electronic, scientific or industrial
machines or products and uses accessory thereto, wherein said products
are not manufactured for wholesale or retail sale; commercial servicing
or repair of products is not performed, and there is no display of
any material or products. Research and development facilities using
animals for any form of research or experimentation are not permitted.
RESTAURANT
An establishment that serves food and beverages primarily
to persons seated within the establishment. Orders are taken from
menus, and table service is provided.
RETAIL
Sale of goods to the general public. Retail uses generally
take place in shops in which goods are displayed inside and, in the
case of storefront space, in display windows.
SATELLITE DISH ANTENNA
A device or instrument designed or used for the reception
of television or other electronic communications signal broadcast
or relayed from an earth satellite. It may be a solid, open mesh or
bar-configured structure, typically eight to 12 feet in diameter,
in the shape of a shallow dish or parabola.
SETBACK
The horizontal distance from the street, side or rear lot
line to the nearest part of any building to said street or lot line,
which shall be deemed to be the distance that such building is set
back or that it sits back from such lot line.
SHOPPING CENTER
A structure or structures and customary parking and loading
areas supporting a variety of commercial uses, managed as a single
unit.
SHORELINE
The bulkhead of Greenwood Lake occurring at the time of high
water of 10.25 feet as measured on the gauge located at the Awosting
Dam, recorded and maintained by the United States Geological Survey,
until such time as encroachment lines defining the lake's permanent
shoreline are established by the Commissioner of Environmental Conservation.
SIGN, FACADE
Any sign attached parallel to but within six inches of a
wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such walls or building and which displays only one
sign face.
SIGN, FREESTANDING
Any sign supported by structures or posts that are placed
on or anchored in the ground and that are independent from any building
or structure.
SPECIAL USE PERMIT
Authorization of a particular land use which is permitted in this chapter, subject to any conditions imposed in Article
VI to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if said conditions are met.
STORY
The 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.
STORY, HALF
Any space partially within the roof framing, where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
STREET
A street shown on the Village Street Map, with the exception
that streets are included under this definition if they are shown
on a plan with the County Clerk prior to September 8, 1958.
STREET LINE
The dividing line between a lot and the right-of-way of a
street, either existing or proposed and identified on the Village
of Greenwood Lake Official Map. Street line is also referred to as
the "front lot line."
STRUCTURAL ALTERATION
Any addition to or change in the supporting members of a
building, such as beams, columns or girders.
SWIMMING POOL, PRIVATE
An artificial pool or structure intended for wading, bathing
or swimming purposes made of concrete, masonry, metal or other impervious
materials and which is an accessory use of a dwelling unit and for
the exclusive use of the occupants of the residence and their guests.
USABLE OPEN SPACE
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% are roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal
use on a lot, whether such accessory use is conducted in a principal
or accessory building.
WAREHOUSING AND DISTRIBUTION
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, but excluding bulk storage of materials
that are inflammable or explosive or that create hazardous or commonly
recognized offensive conditions. Warehousing and distribution may
be a principal use or accessory to a light industrial establishment.
YARD, FRONT
An area located between the street line and the nearest portion
of a principal building or use on the lot.
YARD, REAR
An area located between the rear lot line and the nearest
portion of a principal building or use on the lot.
YARD, REQUIRED
The open and unobstructed ground area of a lot, extending
inward from a lot or street line for the distance specified as the
minimum yard requirements for the district in which the lot is located.
YARD, SIDE
An area located between the side lot line and the nearest
portion of a principal building or use on the lot.
ZONING ENFORCEMENT OFFICER
The Building Inspector or other official appointed by the
Village Board to enforce this zoning chapter.