For the purpose of this Zoning Law, certain words and terms
used herein are defined in this article.
The following rules of construction apply to the language of
this Zoning Law:
A.Â
The specific shall control the general.
B.Â
All words used in the present tense include the future tense.
C.Â
All words in the singular number include the plural number, and vice
versa, unless the natural construction of the wording indicates otherwise.
D.Â
Words used in the masculine gender include the feminine and neuter,
and vice versa, unless the natural construction of the wording indicates
otherwise.
E.Â
The word "shall" is mandatory; the word "may" is permissive.
F.Â
The word "includes" shall not limit a term to the specified examples,
but is intended to extend its meaning to all other instances or circumstances
of like kind or character.
G.Â
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunction "and," "or" or "either. . .or," the conjunction
shall be interpreted as follows:
(1)Â
"And" indicates that all the connected items, conditions, provisions
or events shall apply.
(2)Â
"Or" indicates that the connected items, conditions, provisions or
events may apply singly or in any combination.
(3)Â
"Either. . .or" indicates that the connected items, conditions, provisions
or events shall apply singly but not in combination.
H.Â
The words "building" and "structure" include any part thereof.
I.Â
The words "lot," "plot" and "tract of land" shall include the other.
J.Â
The word "premises" shall include land and buildings thereon.
K.Â
The word "district" shall mean "zoning district."
L.Â
The words "occupied" or "used" shall be considered to be followed
by the words "or intended, arranged or designed to be occupied or
used," unless the natural construction of the wording indicates otherwise.
M.Â
References made to officials and official agencies shall mean officials
and official agencies of the Village of Suffern, unless the natural
construction of the wording indicates otherwise.
N.Â
Unless otherwise specified, all distances shall be measured horizontally.
O.Â
In case of any difference of meaning or implication between the text
of this Zoning Law and any caption or illustration, the text shall
control.
Where terms are not defined, they shall have their ordinarily
accepted meanings or such as the context may imply.
As used in this chapter the following terms shall have the meanings
indicated:
A building subordinate to the main building on the lot and
used for purposes customarily incidental to that of the main building.
Where an accessory building is attached to the main building in a
substantial manner, as by a wall or roof, such accessory building
shall be considered part of the main building.
A use which is customarily incidental and subordinate to
the principal use on the lot and located on the same lot therewith,
except that where specifically so provided, accessory off-street parking
need not be located on the same lot. An accessory use may not be accessory
to another accessory use.
[Added 11-16-1998 by L.L. No. 12-1998]:
ADULT ESTABLISHMENTA commercial establishment where a substantial portion of the establishment includes an adult bookstore, adult eating or drinking establishment, adult theater or other adult commercial establishment, or any combination thereof as defined below:
ADULT BOOKSTOREA bookstore which has as a substantial portion of its stock-in-trade any one or more of the following:
Books, magazines, periodicals or other printed matter which
is characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
Photographs, films, motion pictures, video cassettes, slides
or other visual representations which are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas.
ADULT EATING OR DRINKING ESTABLISHMENTAn eating or drinking establishment which regularly features any one or more of the following:
Live performances which are characterized by an emphasis on
specified anatomical areas or specified sexual activities.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas.
Employees who, as part of their employment, regularly expose
to patrons specified anatomical areas and which is not customarily
open to the general public during such features because it excludes
minors by reason of age.
ADULT THEATERA theater which regularly features one or more of the following:
Films, motion pictures, video cassettes, slides or similar photographic
reproductions characterized by an emphasis on the depiction or description
of specified sexual activities or specified anatomical areas.
Live performances characterized by an emphasis on specified
anatomical areas or specified sexual activities and which is not customarily
open to the general public during such features because it excludes
minors by reason of age.
An adult theater shall include commercial establishments where
such materials or performances are viewed from individual enclosures.
ANOTHER ADULT COMMERCIAL ESTABLISHMENTA facility other than an adult bookstore, adult eating and drinking establishment, adult theater, commercial studio or business or trade school which features employees who, as part of their employment, regularly expose to patrons specified anatomical areas and which is not customarily open to the general public during such features because it excludes minors by reason of age.
SPECIFIED SEXUAL ACTIVITIESHuman genitals in a state of sexual stimulation or arousal; actual or simulated acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely concealed human genitals, pubic region, human buttock, anus or female breast below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely and opaquely concealed.
For the purpose of determining whether a substantial portion
of an establishment includes an adult bookstore, adult eating or drinking
establishment, adult theater or other adult commercial establishment,
or combination thereof, the following factors shall be considered:
the amount of floor area and cellar space accessible to customers
and allocated to such uses and the amount of floor area and cellar
space accessible to customers and allocated to such uses, as compared
to the total floor area and cellar space accessible to customers in
the establishment.
For the purpose of determining whether a bookstore has a substantial portion of its stock in materials defined in Subsection A(1)(a) or (b) hereof, the following factors shall be considered: the amount of such stock accessible to customers as compared to the total stock accessible to customers in the establishment and the amount of floor area and cellar space accessible to customers containing such stock and the amount of floor area and cellar space accessible to customers containing such stock as compared to the total floor area and cellar space accessible to customers in the establishment.
To change, enlarge or rearrange the structural parts of a
structure or to move a building from one location or position to another.
See "alter."
Any premises having thereon available for operation by the
general public three or more amusement devices.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc or by the payment to the manager of the premises of
a fee for the use thereof, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score. It shall include, but not be limited to, such devices as
pinball machines, electronic games, skill ball and all games, operations
or transactions similar thereto under whatever name they may be known.
The term does not include vending machines in which there are not
incorporated gaming or amusement features, nor does the term include
any coin-operated musical devices or rides.
A person who is regularly engaged in the fine arts, such
as painting and sculpture, or in the composition of music on a professional
basis.
[Added 12-7-1998 by L.L. No. 14-1998]
A building or a portion of a building used as an accessory
residence for an artist operating a studio or gallery in the same
building.
[Added 12-7-1998 by L.L. No. 14-1998]
See "dwelling unit, attached."
The factory authorized outlet of an automobile manufacturer.
The conduct within a fully enclosed building of repairs to
the drive train and/or chassis of vehicles.
A structural protective cover made of canvas, plastic or
other material, mounted to a wall and hung over a door, entrance,
window or outdoor service area and intended to provide shade, reduce
glare or shelter persons from rain or inclement weather. Except for
retractable awnings used solely for the purposes described above,
all other types of awnings are prohibited.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or a building by a permanent frame at
one or more edges. National flags, state of municipal flags or the
official flag of any institution or business shall not be considered
banners.
The elevation of a flood having a one-percent chance of being
equaled or exceeded in any given year.
A portion of a building partly underground, but having less
than half its ceiling height below the average grade of the adjoining
ground. See also "cellar."
An establishment authorized by the State of New York and
used principally for the placing of wagers by the general public.
Delicatessens, gasoline filling stations and other principal uses
authorized by the State of New York to sell lottery tickets shall
not be considered "betting parlors."
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 roomer who takes meals with a family with whom he/she resides
on a paying or bartering basis. (See also "roomer" and "single-room
occupancy".)
The Board of Appeals of the Village of Suffern.
The Board of Trustees of the Village of Suffern.
An area of specified dimension extending between the property
line and a required yard which shall remain in its natural state or
be improved with landscape materials as may be required by the approving
authority. The "buffer" shall not be used or otherwise encroached
upon by any activities, including parking or driveway aisles but excluding
access points on the lot, so as to provide for adequate separation
and protection from otherwise inharmonious or incompatible uses. Freestanding
signs may be located in the buffer area subject to site or sign plan
approval by the Planning Board.
Any structure having a roof, self-supporting or supported
by columns, air pressure or walls and intended for the shelter, housing
or enclosure of persons, animals or chattels.
The New York State Uniform Fire Prevention and Building Code
as adopted by the Board of Trustees.
The Building Inspector of the Village of Suffern.
A building in which is conducted the principal use of the
lot on which such building is situated.
A building containing two or more tenants.
A structure lawfully existing at the effective date of this
Zoning Law 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.
The size and shape of buildings, structures and nonbuilding
uses; and the physical relationship of their exterior walls or construction
or their location to the lot lines and other buildings or structures
or other walls or construction of the same building or structure;
and all open spaces required in connection with a building or structure.
Bulk requirements include but are not limited to lot area, lot width,
building height, required yards, courts and development coverage.
That part of a building structure or nonbuilding use which
does not conform to one or more of the applicable bulk requirements
of this Zoning Law.
A building and any associated parking areas used for the
storage, repair and maintenance of buses. A bus stop or area where
passengers are discharged or picked-up, usually adjacent to the street
on which the bus customarily travels, shall not be considered a "bus
terminal."
A business enterprise engaged in preparing and serving a
full line of food and beverages primarily through the use of a service
line where the customer serves himself or is served from displayed
selections and where table or booth seating facilities are provided;
some limited waiter or waitress service may be provided. See also
"restaurant" and "fast-food eating establishment."
A portion of a building partly or wholly underground, having
half or more than half of its ceiling height below the average grade
of the adjoining ground. A cellar shall not be deemed to be a "story."
See also "basement."
Official certification that a building or structure conforms
to this Zoning Law and the New York State Uniform Fire Prevention
and Building Code and may be occupied. See also "certificate of use."
Official certification that a building or structure or part
thereof conforms to the use requirements and other pertinent provisions
of this Zoning Law and may be used in conformity with law.
A change of use of a building, structure or lot is interpreted
for purposes of this Zoning Law as:
The Code Enforcement Officer of the Village of Suffern, an
individual as may be designated from time to time by resolution of
the Village of Suffern Board of Trustees.
The plan adopted by the Planning Board pursuant to § 7-722
of the Village Law.
See "lot, corner."
See "development coverage."
The land areas shown on the Critical Environmental Area Map
adopted by the Board of Trustees as part of the Suffern Zoning Law.
[Added 11-10-2005 by L.L. No. 8-2005]
A facility with an individual and required number of assistants
providing care for seven or more children, depending on age, in accordance
with a strict staff/child ratio, for more than three hours a day but
less than 24 hours a day. Centers may be established as the sole use
in an individual building or as an accessory use in a church, school
or other building and may be run by an individual, association, corporation
or institution licensed by the New York State Department of Social
Services.
See "street line, designated."
See "dwelling unit, detached."
The percentage of the area of a lot covered by buildings,
parking areas, accessory structures and any impervious surfaces, including
natural impervious features.
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 bathroom,
dining, cooking, 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.
Any portable container, receptacle or device of a type commonly
used for the depositing of refuse, garbage, junk, trash or other materials
intended for disposal and designed to be brought and taken away by
truck or as a trailer, or a bin that a garbage truck lifts, empties
into its hopper, and lowers, on the spot.
[Added 1-7-2019 by L.L.
No. 1-2019]
A building containing one or more dwelling units.
A single dwelling located in its own separate building which
does not abut any other dwelling.
A building containing three or more dwelling units.
A building containing a single dwelling unit.
A building containing two dwelling units.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A dwelling unit sharing a common side or rear wall or walls
with another dwelling unit or units, but occupying the entire volume
within its portion of the building from the lowest habitable level
to the roof, and having its own separate entrance or entrances to
the outside. This type of dwelling unit, in units of three or more,
is also known as a "townhouse" or "row house."
Dwelling units of any type used for the faculty or staff
of a not-for-profit school or college.
One or more persons related by blood, marriage or adoption
living and cooking together as a single, nonprofit housekeeping unit;
or, one or more persons living together as a nonprofit housekeeping
unit which is the functional and factual equivalent of a traditional
family.
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,
such as hamburgers, chicken, pizza, tacos, hot dogs, ice cream or
yogurt, 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
type counter. "Fast-food eating establishments" providing drive-through
or drive-in facilities for purchase of food and beverages from a vehicle
are prohibited.
A farmer's market, bazaar or similar activity, by whatever
name, or those uses which involve the setting up of two or more independently
operated booths, tables, racks or similar display areas for the purpose
of selling merchandise or other items offered for sale by individual
vendors or concessionaires, each of whom generally rents selling space
from the flea market operator. A "flea market" may be either an open-air
market or held within a fully enclosed structure. In addition, it
may be a temporary event of public interest or may operate as a permanent
establishment with fixed business hours. A "flea market," as defined
herein, shall not be intended to include a garage sale or fund-raising
event or festival sponsored by a religious, charitable or civic organization.
The area within the Floodplain District which is not within
the floodway.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The horizontal area of a story of a building, measured from
the exterior faces of exterior walls, or in the case of a common wall
separating two buildings, from the center line of such common wall,
and including porches, balconies and raised platforms, but excluding
cornices, roof overhangs, gutters or chimneys projecting not more
than three feet, and steps and terraces not more than three feet above
the average adjacent ground elevation.
The total floor area of all stories of a building.
A combination of ingredients, whether prepared separately
or processed together, solid or liquid, intended for human consumption.
[Added 5-22-1995 by L.L. No. 3-1995]
See "lot frontage."
See "lot line, front."
See "yard, front."
A building or a portion of a building used as a place to
display or sell original works or art.
[Added 12-7-1998 by L.L. No. 14-1998]
See "parking garage."
Any tent used as a parking garage, garden shed or storage
shed, including tents used to store motor vehicles, garden equipment,
recreational vehicles, or other materials or equipment.
[Added 7-21-2003 by L.L. No. 5-2003]
A business enterprise engaged in the retail sale, direct
to the motorist, of gasoline, and which may also include the sale
of retail convenience store items, oil, tires, accessories and services
for motor vehicles, including minor repair or routine maintenance
work, but not including body work, painting or major repair.
For buildings adjoining one street only, the elevation of the
curb at the center of the wall adjoining the street. All walls approximately
parallel to and not more than 15 feet from a street shall be considered
as adjoining a street for purposes of grade measurement.
For buildings adjoining more than one street, the average of
the elevations of the curbs at the centers of all walls adjoining
streets as previously defined.
For buildings having no wall adjoining a street, the average
level of the ground adjacent to and extending for a distance of 10
feet from the exterior walls of the building.
See "floor area, gross (GFA)."
The vertical distance from grade to the level of the highest
point of the roof if the roof is flat or mansard, or to the mean level
between the eaves and the highest point of the roof if the roof is
of any other type. Where grade is defined to be the average level
of the ground adjacent to the exterior walls of the building, in no
case shall the height of the building on the street side exceed 1Â 1/4
times the maximum allowable height, measured from the elevation of
the curb opposite the center of the building wall on the street side.
The average distance between the finished floor and the ceiling
in any room. Where a room has an unfinished ceiling, the distance
shall be measured to the average of the lowest permanent obstruction.
An area used for the landing and takeoff of helicopters,
but excluding any auxiliary or related helicopter services, such as
refueling, maintenance, storage or passenger or cargo handling facilities,
except for outdoor tie-down space.
A geographically defined area designated by the Village Board,
possessing a significant concentration or continuity of landmarks,
improvements or landscape features in which historic events occurred
or having special public value because of notable architectural or
other features relating to the cultural or artistic heritage of the
community of such significance as to warrant conservation and preservation.
Said district may have within its boundaries noncontributing buildings
or other structures that, while not of such historic and or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual character of the district.
A structure or site, designated by the Village Board, at
which historic events occurred or which has special public value because
of notable architectural or other features relating to the cultural
or artistic heritage of the community and which is of such significance
as to warrant conservation and preservation.
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 a stock-in-trade
and does not have any exterior evidence of such accessory use except
for one identification sign as permitted in § 266-331 of
this Zoning Law.
An area within the property lines of a private or public
hospital, used for the landing and takeoff of helicopters only for
the purpose of air ambulance operations and emergency medical service,
excluding ancillary or related helicopter services, such as refueling,
maintenance, storage or passenger or cargo handling facilities.
[Added 7-15-2002 by L.L. No. 5-2002]
An animal commonly kept in a dwelling unit by the inhabitants
thereof for amusement or companionship, such as a dog, cat, bird,
fish, gerbil, hamster or nonpoisonous snake. Any other animal is not
a "household pet."
A building or structure whose primary use is for the presentation
of dramatic, comedic, musical or similar performances or motion pictures.
The deposit or storage on a lot of one or more unlicensed,
wrecked or broken down vehicles or parts thereof, for a period of
48 hours or more shall be deemed to constitute a junkyard. The foregoing
shall not apply to an automotive repair use conducted in accordance
with the conditions, terms and restrictions of a special permit therefor
and the provisions of this Zoning Law and applicable site plan requirements,
conditions and restrictions.
[Added 6-20-1994 by L.L. No. 5-1994; amended 6-19-2000 by L.L. No.
5-2000]
An accessory use of a building or structure for performance
by persons on-premises of music, acting or other amusements for the
benefit of an audience or patrons, whether or not for commercial purposes.
"Live entertainment" shall include but not be limited to entertainment
provided by musicians, live bands, disc jockeys, puppeteers, magicians
and comedians.
A lot located at the junction of and fronting on two or more
streets intersecting at an angle of less than 135°.
Lots or parcels with less frontage on a public street than
is normally required. The flag pole is an access corridor to lots
or parcels located behind lots or parcels with normally required street
frontage.
The distance for which a lot line of a zone lot adjoins a
public street, from one lot line intersecting said street to the furthest
distant lot line intersecting the same street.
In the case of a lot abutting upon only one street, the lot
line separating the lot from the street. In the case of a corner lot,
each lot line which abuts a street shall be deemed to be a front yard
line. In the case of a through lot abutting more than one street,
the owner may elect any street line as the "front lot line," except
that where the majority of lots in any block are developed, the "front
lot line" shall be the same as that used by such other lots.
The lot line which is generally opposite the front lot line.
Any lot line other than the front lot line and the rear lot
line.
The distance between side lot lines measured along a line
(parallel to a line connecting the end points of the front lot line)
drawn at the required front setback line.
An office building whose occupants principally comprise health-care
providers such as physicians, dentists and therapists. Such medical
office building may also contain related tenants, including medical
laboratories, diagnostic facilities, pharmacies, retailers of durable
medical supplies, limited non-medical retail uses (such as food service
or sundries occupying no more than 500 square feet of floor area)
principally serving building occupants and visitors, and other uses
similar in nature to those noted.
[Added 2-12-2004 by L.L. No. 4-2004]
See "dwelling, multifamily."
Any private school designed to provide daytime care or instruction
for children three years of age and older, for less than three hours
a day per session, and no more than two sessions per day.
A map adopted by the Board of Trustees pursuant to § 7-724
of the Village Law.
See "dwelling, one-family."
Includes all vested or contingent interests of any person
or his agent, representative, successor or assignee, and 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 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 owns an interest of 10%
or greater in each corporation, firm, partnership, entity or unincorporated
association.
A map adopted by the Board of Trustees defining proposed
parking facilities in the CB District.
A building for the parking or storage of motor vehicles and
in which no other use is conducted.
An off-street area containing one or more parking spaces
with passageways and driveways accessory thereto for use on a transient
basis.
An off-street space available for the parking of one motor
vehicle.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
Any individual or group of individuals, corporation, partnership,
association or any other entity, including state and local governments
and agencies.
Establishments that offer a service to the public, such as
but not limited to dry cleaners, barbershops, hair, nail and tanning
salons, shoe repair shops, tailors and seamstresses and fitness health
clubs, but not including repair of automobiles or other vehicles,
laundromats, betting parlors operated by the State of New York or
checking-cashing businesses.
[Amended 6-21-2004 by L.L. No. 10-2004]
The Planning Board of the Village of Suffern.
A drawing prepared in a manner prescribed by the Subdivision
Regulations of the Village of Suffern, showing the layout of a proposed
subdivision, including, but not restricted to, road and lot layout
and dimensions, key plan, topography and drainage, all proposed facilities,
including plans and profiles, at suitable scale and in such detail
as required by the Subdivision Regulations.[2]
A terrace which has a roof and which is attached to a building.
An institution conducting a regularly scheduled curriculum
of study similar to that of the public elementary schools and operated
in accordance with the Education Law of the State of New York.
A not-for-profit organization or corporation organized to
cater exclusively to its members and their guests, including land,
buildings and facilities for recreational, athletic, social, professional
and cultural purposes. The members of the organization shall have
a financial interest in and method of control of the assets and management
of the private membership club.
An institution conducting a regularly scheduled curriculum
of study similar to that of the public secondary schools and operating
in accordance with a charter issued by the Board of Regents of the
State of New York.
A building or structure owned and operated by public agencies
whose functions include responding to life- and property-threatening
emergencies, such as a fire, ambulance or police facility.
A building or structure owned and operated by a public agency
responsible for administering or providing nonemergency services to
the residents of the Village, including governmental offices, libraries
and museums.
A building, structure or area owned and operated by a public
agency for the purpose of providing activities for the relaxation,
leisure and strengthening of the body and mind, including ball fields,
parks, pools, playfields, tennis courts, baseball fields and associated
accessory parking.
An educational institution operated by a public school district
in accordance with the Education Law of the State of New York.
A building or structure owned and operated by a public agency
responsible for operating and maintaining public infrastructure, including
sewage treatment plants, water supply and water treatment facilities
and municipal public works buildings.
Any person duly authorized to furnish to the public, under
public regulation, electricity, gas, water, sewage treatment, steam,
cable television or telephone or telegraph service. Cellular telephone
companies are not considered to be a "public utility" for purposes
of this Zoning Law.
See "lot line, rear."
See "yard, rear."
Facilities designed and used for active and passive participatory
athletic and general recreation activities, such as health clubs,
gymnasia, dance halls, skating rinks, swimming pools, tennis courts,
ball fields, bowling alleys and billiard rooms; excluded are facilities
intended for spectator activities, such as stadia and arenas, and
any structure maintained for the amusement, patronage or recreation
of the public.
A zoning district in which the primary permitted use is residential.
The R-15, R-10, R-7.5, R-5, 2R-5, 2R-5(P), MR-50 and MR-15 Districts
constitute "residence districts."
A business enterprise engaged in preparing and serving food
and beverages selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress, and consumed on the premises.
See also "fast-food eating establishment."
A business enterprise with facilities for the washing of
clothing which deals directly with ultimate consumers and which does
not exceed 2,500 square feet of gross floor area.
Establishments that deal in the sale of goods directly to
the public, not including gasoline stations.
An unrelated person (not a family member) renting from the
primary tenant of a dwelling unit not more than a single room therein,
without individual cooking or sanitary facilities. (See also "boarder"
and "single-room occupancy.")
Any nonpublic school engaged in the teaching of specialized
courses of study, including, but not limited to, technical, financial,
accounting or secretarial subjects.
The State Environmental Quality Review Act[3] and its implementing regulations (6 NYCRR Part 617).
The horizontal distance from such lot line to the part of
the building or of the story, respectively, which is nearest to such
lot line, which shall be deemed to be the distance that such building
or story is set back or that it sits back from such lot line.
See "lot line, side."
See "yard, side."
Any device, fixture, placard or structure that uses any color
form graphic, illumination, symbol or writing to advertise, announce
the purpose of or identify the purpose of a person or entity or to
communicate information of any kind to the public.
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance window or outdoor service area.
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 wall or building and which displays only one
sign surface.
Any sign supported by structures or posts that are placed
on or anchored in the ground and that are independent from any building
or other structure.
Any sign that does not conform to the requirements of this
Zoning Law.
A plan depicting the size, location, materials and content
of a sign, which plan shall be the sole permitted display for any
sign subject to the site plan regulations.[4]
Any sign not permanently attached to the ground or other
permanent structure or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels,
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
Any sign erected or constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
Any sign that is used only temporarily and is not permanently
mounted.
Any sign, picture, symbol or combination thereof designed
to communicate information about an activity, business, commodity,
event, sale or service that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
The renting out, by other than the primary tenant in residence
of a dwelling unit, of a single room without individual cooking or
sanitary facilities. "Single-room occupancies" are not permitted in
any zoning district. (See also "boarder" and "roomer.")
A map showing the design for the layout, arrangement and
use of buildings and land, including accessory uses, facilities and
services, and meeting the requirements of the Site Plan Regulations
of the Village of Suffern.[5]
A device or combination of devices which relies upon solar
radiation as an energy source, that is employed for the purposes of
the heating or cooling of a building, the heating of water or the
generation of electricity.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level immediately above the basement
is less than seven feet above grade, such basement or cellar shall
not be considered a "story."
The topmost story having a ceiling height of at least 7Â 1/2
feet and a floor area that is 1/2 or less of the floor area of the
story immediately beneath it.
An existing state, County or Village highway or road, public
or private, or a way shown on a subdivision plat approved by the Planning
Board or on a plat duly filed and recorded in the Office of the County
Clerk prior to the appointment of the Planning Board and the grant
to such Board of the power to approve subdivision plats, including
all of the land within the right-of-way.
Streets which collect the traffic generated on local streets
and serve a relatively short, convenient and direct means of access
from the various development areas of the Village to the secondary
street system.
The line between the street and the lot or, if one has been
created, a line established by the Official Map as the future street
right-of-way, whether or not in public ownership.
Streets whose prime function is to give direct access to
abutting property. "Local streets" are the internal part of the system
to provide movements within the residential neighborhoods or other
land use areas.
Streets or highways serving to connect through streets with
each other and also to handle internal movements within the Village.
Streets serving to connect major streets with each other
and also to handle internal movements within the Village.
Anything constructed or erected, the use of which requires
location on or below the ground or attachment to something having
location on or below the ground. Included are above- and below-ground
swimming pools, parking garages, storage sheds, satellite receiving
antenna and dishes and tennis courts, but not anything requiring only
simple paving or surfacing of the ground, such as parking lots, driveways
or sidewalks.
A building or a portion of a building used as a place of
work by an artist.
[Added 12-7-1998 by L.L. No. 14-1998]
Escrow in the form of a cash deposit, security or irrevocable
letter of credit or such other form as may be acceptable to the Village
Attorney.
A man-made body of water or receptacle for water having a
depth of more than 24 inches and a water surface area of more than
80 square feet and constructed, installed or maintained in or above
ground outside any building.
Any portable container, receptacle, or device of a type commonly
used for the temporary storage of personal property and other matter.
The term shall include, but not be limited to, portable on-demand
storage units (PODS®).
[Added 1-7-2019 by L.L.
No. 1-2019]
Any structure, enclosure, or shelter constructed of silk,
cotton, canvas, polyethylene, fabric or other pliable material supported
in any manner except by air or solely covering the contents protected
by the material. A permitted tent shall be deemed an accessory building.
[Added 7-21-2003 by L.L. No. 5-2003]
An unroofed flat platform covered with a surface material.
A terrace which has a roof and which is attached to a building shall
be considered a porch.
See "dwelling, two-family."
The specific purpose for which land, water, a building or
a structure is designed, arranged, intended or for which it is or
may be occupied or maintained.
A use of a building, structure or land that does not conform
to any one or more of the applicable regulations as to use in the
zoning district in which it is located, which use was lawful under
the Zoning Law or Zoning Ordinance in effect at the time the use was
established.
The Superintendent of Public Works or such other person as
may be appointed to that position by the Board of Trustees.
An open space on the same lot with a building or group of
buildings, which lies between the building or group of buildings and
the nearest lot line. In measuring a yard, the line of a building
shall be deemed to mean a line parallel to the nearest lot line, drawn
through the point of the building or group of buildings which is nearest
to such lot line, and the measurement shall be taken at right angles
from the lot line to the nearest line of the building. Where a buffer
area is required, the buffer area 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 area.
A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the building. For corner lots, refer to § 266-15H of this Zoning Law.
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest line of the building.
A required yard is that portion of a yard meeting the minimum yard requirements of § 266-23 of this Zoning Law, measured from the lot line.
A yard between a side lot line and the nearest line of the
building and extending from the front yard to the rear yard or, in
the absence of either of such yards, to the front and rear lot line,
as the case may be.
