Village of Buchanan, NY Article II Terminology

§ 211-5 Definitions; word usage.

A. Except where specified in the following definitions, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" includes all other structures of every kind, regardless of similarity to buildings; the word "lot" shall include the words "plot," "piece" or "parcel"; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for." The word "person" includes a corporation as well as an individual. The word "occupied" or "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "shall" is mandatory; the word "may" is permissive.

B. As used in this chapter, the following terms shall have the meanings indicated:

[Amended 9-18-1989 by L.L. No. 8-1989]

ACCESSORY

A building, structure or use which is clearly incidental or subordinate to and customarily used in connection with the principal building, structure or use and which is located on the same lot with the principal building, structure or use. Any accessory building or structure attached to a principal building or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure. No use shall be considered accessory where such use requires a greater area of a lot or larger setbacks or yards or for which greater restrictions than for the principal use on the lot are imposed by this chapter.

AUTO SERVICE OR GASOLINE STATION

A building or structure where gasoline, diesel fuel or any other transportation fuels, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where the following services may be rendered:

(1) MINOR REPAIR The sale and servicing of spark plugs and batteries; tire repair and servicing, but no recapping; the replacement of mufflers and tail pipes, water hoses, fan belts, brake and transmission fluids, light bulbs, floor mats, seat covers (where this shall not be the principal use), windshield wipers, grease retainers and wheel bearings; radiator cleaning and flushing; washing and polishing, including automatic or mechanical car wash establishments; greasing and lubrication; installation of fuel pumps and fuel lines; minor servicing and replacement of carburetors; emergency wiring repairs; adjustment and installation of brakes; tuning engines, except for grinding valves, cleaning carbon or removing the head of engines and/or crank case; and other similar uses.

(2) MAJOR REPAIR In addition to those repairs and services listed above as "minor repair," any general repair, rebuilding or reconditioning not listed above; collision service, including body, frame or fender straightening or repair; painting or paint shop.

(3) CONVENIENCE RETAIL The sale of such nonautomobile-related items such as food, periodicals and nonprescription medicines, where the building area devoted to the display of such items exceeds 50 square feet. No minor or major repair shall be permitted.

(4) FAST SPECIALIZED SERVICE A commercial enterprise for the servicing of automobiles, usually limited to a particular system of the vehicle, such as transmissions, mufflers, brakes, wheel alignments or lubrication, and usually emphasizing speedy service, but not for the dispensing of motor fuels.

BASEMENT

That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

BOARD OF APPEALS

The Board of Zoning Appeals of the Village of Buchanan.

BUFFER

An area of specified dimension in addition to the required yard. The buffer may not be used or otherwise encroached upon by any activities on the lot. The purpose of a buffer is to screen and separate uses of adjoining properties, and it shall be composed of either an undisturbed or landscaped area, with or without fencing, subject to the requirements of the Planning Board.

BUILDING

Any structure, either permanent or temporary, which is affixed to the land which has one or more floors and having a roof supported by columns or walls and is intended for the shelter, housing or enclosure of any person, animal or property.

BUILDING HEIGHT

The vertical distance measured from the mean level of the ground surrounding the building to the highest point of a flat or mansard roof or to a point equidistant between the highest and lowest points of a pitched, gabled, hip or gambrel roof.

BUILDING LINE

A line parallel to the front lot line coincident with the point of the building nearest the front line of the lot. Where no building presently exists, a line parallel to the front lot line, set back the required front yard distance.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which it is situated.

CELLAR

That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.

CERTIFICATE OF OCCUPANCY

Official certification by the Building Inspector that a building or structure conforms to this chapter and other applicable laws and may be legally occupied for the use set forth in the certificate.

CUL-DE-SAC

A street having only one intersection with another street for vehicular ingress and egress and having a turnaround for the reversal of traffic movement.

DECK

A structure which has a floor eight inches or more above grade, is unenclosed except for any side which may adjoin a building or any railings, fences, walls, shrubs or hedges and is designed for outdoor lounging, dining and the like.

DEWATERING FACILITY

A facility using technology to separate solids from wastewater in an enclosed structure, by special permit to be granted by the Planning Board under Chapter 211, Article X, Special Permit Uses, of the Village Code.

[Added 7-16-2007 by L.L. No. 3-2011]

DISTRICT or ZONE

Any specific geographical portion of the territory appearing on the Zoning Map[1] as a bounded area within the same classification, setting it apart from any other differently classified area or areas, and upon which this chapter imposes uniform restrictions and regulations corresponding to the particular classification as to use, buildings, structures, lots and dimensions thereof and as to special uses and nonconforming uses.

DWELLING

Any building or structure designed or used exclusively as the residence or sleeping place of one or more persons. The term "dwelling" shall not be deemed to include an automobile court or motel, rooming house, tourist home, hotel, hospital, nursing home, dormitory or fraternity or sorority house.

DWELLING, MULTIFAMILY

A building designed for occupancy by three or more families living independently of each other and containing three or more dwelling units.

DWELLING, SINGLE-FAMILY

A detached building designed for or occupied exclusively by one family and containing not more than one dwelling unit. A single-family dwelling shall not have more than one kitchen or kitchenette.

DWELLING, TWO-FAMILY

A detached building where not more than two individual families or two dwelling units are entirely separated by vertical walls or horizontal floors. A two-family dwelling shall not have more than two kitchens or kitchenettes.

DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, having no cooking or sanitary facilities in common with another dwelling unit and designed for occupancy by not more than one family for living, eating and sleeping purposes. A dwelling unit shall have no more than one kitchen or kitchenette. A boarding- or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or structure shall not be deemed to constitute a dwelling unit.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, communication, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings, except telephone central office buildings and telephone booths, which shall also be considered an essential service facility hereunder.

FAMILY

One or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit, subject to a limit of not more than three unrelated persons 18 years of age or over.

FENCE

A barrier, railing, or other upright structure, typically of wood, wire, rails, or netting connected to posts that connect various sections.

[Added 1-5-2021 by L.L. No. 1-2021]

FLOOR AREA, GROSS

The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

GROUP-CARE FACILITY

A use providing room and board and/or recreational counseling or other rehabilitative service or facilities to individuals who, by reason of mental or physical disability, addiction to drugs or alcohol or family and school adjustment problems, require specialized attention and care in order to achieve personal independence. Individuals participating in a work release or similar program from a state institution or under the supervision of a court or local agency shall be included in this definition, except as such use may qualify as a family-care unit. Group-care facilities include halfway houses, boardinghouses or rooming houses, group homes and shelters and other uses of like appellation.

HOME OCCUPATION

An occupation which is carried on in a dwelling unit as an accessory use which is clearly incidental and secondary to the use of the dwelling for residential purposes, subject to the requirements of § 211-19B.

JUNK

Includes but is not limited to scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys and bones, rags, scrap paper, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe fittings, used tires and manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition but which are subject to being dismantled. Also included are any and all waste materials which tend to create a danger to public health, safety or welfare.

LOT

A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having required lot frontage on a street. A lot may be composed of one or more tax lots, but it may not be subdivided unless each new lot conforms to all the requirements of the district in which it is located.

LOT, CORNER

A lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.

LOT COVERAGE

The proportion of all ground floor areas and structures upon a lot to the total area of the lot, expressed as a percentage. Ground floor areas shall be measured by taking the outside dimensions at the ground level of all accessory and principal buildings, including porches, carports, garages and sheds. Structures, for the purposes of lot coverage, shall include swimming pools, paved walkways and, whether constructed of pervious materials or not, patios, decks and driveways and parking areas.

LOT DEPTH

The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Such distance shall be defined by a continuous unbroken straight line measured and lying wholly within the boundaries on the lot.

LOT FRONTAGE

The distance between side lot lines, measured along the street right-of-way.

LOT LINE, FRONT

The line of the lot abutting a street right-of-way; a through lot and corner lot shall be considered to have two front lot lines.

LOT LINE, REAR

The lot line(s) opposite and most distant from the front lot line(s); if the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line. All lots shall contain a rear lot line, except in the case of a through lot.

LOT LINES

The property lines bounding the lot.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT, THROUGH

A lot, other than a corner lot, having access on two streets.

LOT WIDTH

The horizontal distance between the side lot lines measured parallel to the front lot line; and, for lots without an existing principal building, measured from the front lot line to a line 30 feet to the rear of the minimum required front yard setback or, for lots with an existing principal building and setback so as to conform to the minimum required front yard, measured from the front lot line to a line tangent to the rearmost part of the principal building.

MOBILE HOME

A movable structure used for permanent living or sleeping quarters for one family and standing on wheels or on rigid supports and provided with the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration.

MOBILE HOME PARK

A tract of land which is used for the placement of three or more mobile homes.

NONCONFORMING LOT

A lot which, because of its size or shape, does not comply with the applicable dimensional regulations, including those relating to lot area, lot depth and lot width, prescribed by this chapter or any amendment to it that may be enacted for the district in which the lot is located, but which lot was lawfully in existence prior to the enactment of this chapter or an amendment.

NONCONFORMING STRUCTURE

A structure or other location of a use, including off-street parking and loading, principal buildings and accessory structures and signs, which, because of its size or location on a lot, does not comply with the applicable dimensional regulations, including those relating to building height, lot coverage, yard and buffer, prescribed by this chapter or any amendment to it that may be enacted for the district in which the structure is located, but which structure was lawfully in existence prior to the enactment of this chapter or an amendment.

NONCONFORMING USE

A use of land or structure, including signs, which does not comply with the applicable use regulations prescribed by this chapter or any amendment to it that may be enacted for the district in which the use is located, but which use was lawfully in existence prior to the enactment of this chapter or an amendment.

NURSING OR CONVALESCENT HOME

A building other than a hospital where persons, except insane, drug or alcohol patients, are lodged and furnished with meals and nursing care.

PARKING SPACE

A horizontal area used for the parking of a motor vehicle, consisting of a minimum depth of 18 feet and a minimum width of 8.5 feet.

[Amended 11-8-2023 by L.L. No. 9-2023]

PATIO

A structure or area which has a floor less than eight inches above grade, is unenclosed except for any side which may adjoin a building or any fences, walls, shrubs or hedges and is designed for outdoor lounging, dining and the like.

PERMITTED USE

A principal or accessory use of a property which is specifically authorized in a particular zoning district by the Schedule of Use Regulations,[2] but not including any use which is authorized as a special permit use.

PLANNING BOARD

The Planning Board of the Village of Buchanan, established pursuant to the Village Law.

PORCH

An outdoor area or entrance to a building covered by a permanent roof as an extension of the building wall.

PROFESSIONAL OFFICE

A commercial use or building where personal services, as distinguished from the practice of a trade or business, are rendered by a practitioner of the learned professions, such as a lawyer or a physician, chiropractor, dentist, optometrist, architect, landscape architect, engineer or public accountant (as defined in the Education Law of the State of New York).

PROTECTED AREA

The portion of any land located in an M-2 Zone and employed for the peaceful use of atomic energy which is bounded by the highest level of safety and security measures for the protection of facilities using or storing radiological material. Any such area shall be that area of the M-2 Zone which is designated as a protected area by the terms of a 10 CFR 50 operating license and associated technical specifications, as such license and technical specifications may be amended from time to time.

[Added 12-15-2003 by L.L. No. 1-2003]

RADIOLOGICAL MATERIAL

Any radioactive material including source, by-product or special nuclear material (as such terms are defined in 42 U.S.C. § 2014), low-level radioactive waste, high-level radioactive waste, and spent nuclear fuel (as such terms are defined in 42 U.S.C. § 10101), and spent fuel (as such term is defined in 10 CFR 72.3).

[Added 12-15-2003 by L.L. No. 1-2003]

RECREATIONAL TRAILER

Any portable vehicle commonly used for recreational purposes, including camping trailers, which is not self-propelled and must be towed or hauled.

RECREATIONAL VEHICLE, MOBILE

Any portable or mobile vehicle commonly used for recreational purposes which is self-propelled, including vehicles commonly referred to as "RVs," "ATVs," "dirt bikes" or "snowmobiles."

SAFETY/SECURITY IMPROVEMENT

Any structure installed, constructed or operated for the purpose of protecting, shielding, containing, storing, cooling, handling or otherwise making safe and secure any radiological material, and shall include any structure installed, constructed or operated within the protected area, as such area may be modified from time to time, and any structure installed, constructed or operated outside of the protected area so long as documentation is provided to the Village Administrator and the Building Inspector evidencing either: oversight of such structure's installation, construction or operation by any federal department or agency charged with the responsibility of ensuring the safety and security of radiological material or of the public from potential threats to safety; or that installation, construction or operation of such structure is governed or directed by any federal law, statute, code, order, guidance, rule or regulation concerning the safety and security of radiological material or of the public from potential threats to safety. For any such structure, where a federal department or agency plans to or would be required to conduct one or more public hearings or meetings regarding the installation or construction of such structure, at least 30 days prior to an application for a building permit for such structure, but in no event less than 30 days prior to the first of such public hearings or meetings pertaining to such structure, the Village shall be provided notice regarding the date, time, and place of such hearing or meeting.

[Added 12-15-2003 by L.L. No. 1-2003]

SIGN

Any surface or device containing a sign display, the purpose of which is to bring the subject thereof to the attention of the public through the communication of a visual message.[3]

SIGN, ANIMATED

Any freestanding or building sign that uses movement or change of lighting to depict action or to create a special effect or scene.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN AREA

The smallest square, circle, rectangle or triangle, or combination thereof, that encompasses the extreme limits of the sign display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the background or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise is incidental to the display itself. Only one face of a double-faced sign shall be included as area of such a sign.

[Amended 6-17-1991 by L.L. No. 3-1991[4]]

SIGN, BUILDING

Any sign attached to any part of a building, as contrasted to a freestanding sign.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN, BUILDING MARKER

Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN, CANOPY

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. A marquee is not a canopy.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN, CHANGEABLE COPY

A freestanding or building sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter, except that that portion of a sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a changeable copy sign for purposes of this chapter.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN DISPLAY

A display or legend, including but not limited to letters, words, logos and insignia, which are used as or presented as an announcement, direction or advertisement.[5]

SIGN, FREESTANDING

Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. A residential freestanding sign shall include no commercial message other than one for an activity legally offered on the premises, such as a home occupation, the sale or rent of the premises and contractors working on the premises.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN, HEIGHT

The distance from the normal grade below a freestanding sign to the top of the highest attached component of the sign. "Normal grade" shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filing, berming, mounding or excavating solely for the purpose of locating the sign.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN, IDENTIFICATION

A sign used to identify the name and address of the occupants of the principal building on a lot.

[Amended 6-17-1991 by L.L. No. 3-1991]

SIGN, ILLUMINATED

A sign on which artificial light is directed or which is constructed of translucent materials through which light is directed. A sign on which the illuminating source is visible to the public way or any property line, except for signs constructed from neon-type tube, is not a permitted sign in any district.

SIGN, INCIDENTAL

A freestanding or building sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN, MARQUEE

Any sign attached to, in any manner, or made a part of a marquee.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN PLAN

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 development plan rules and regulations.

SIGN, PROJECTING

Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN, WALL

Any sign which is attached parallel to but within six inches of or painted on the surface of an outside wall of any building or structure; which is supported by such wall or building; and which displays only one sign surface.

[Added 6-17-1991 by L.L. No. 3-1991]

SIGN, WINDOW

Any sign or picture, or combination thereof, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.

[Added 6-17-1991 by L.L. No. 3-1991]

STORY

That portion of a building, with a minimum height of seven feet six inches, included between the surface of any floor and the ceiling. A basement shall be deemed to be a story where the floor above is seven or more feet above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and without human occupancy.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story, when not more than 60% of the floor area is used for rooms, baths or toilets.

STREET

A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, way, drive, boulevard, highway, road and any other thoroughfare except an alley.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as bearing walls, columns, beams and girders, in the dimensions or configurations of the roof or exterior walls of a building or in the dimensions or configurations of the exit facilities of a building.

STRUCTURE

Any constructed or erected combination of materials on, above or below the surface of land or water or an attachment thereto, including but not limited to buildings, mobile homes, sheds, garages, carports, porches, decks, fences, walls, tank, towers and swimming pools.

SWIMMING POOL

A structure in the open or enclosed in any structure or building, which is artificially constructed of any material to provide recreational facilities for swimming, bathing or wading. Such swimming pool shall be at least 24 inches in depth or shall have a surface area exceeding 100 square feet.

[Amended 6-18-1990 by L.L. No. 5-1990]

SWIMMING POOL, PUBLIC

Any swimming pool used by two or more families and their guests or any pool having a water surface area in excess of 1,000 square feet.

[Added 6-18-1990 by L.L. No. 5-1990]

SWIMMING POOL, RESIDENTIAL

Any swimming pool which is accessory to a single-family dwelling on the same lot and which is for the private use of residents of the dwelling or their guests.

[Added 6-18-1990 by L.L. No. 5-1990]

TRAILERABLE BOAT

Any boat, whether stored on its trailer or on other supports, which is normally towed by the conventional passenger car or similarly constructed vehicle or light-duty truck and, with the trailer, does not exceed 10,000 pounds gross weight, eight feet in width and/or 27 feet in length.

USE

The specific purpose for which land, a building or a structure is used or occupied or maintained.

VARIANCE, AREA OR BULK

An approval by the Board of Appeals which authorizes departure from the strict requirements of the Table of Bulk Regulations[6] or other provisions of this chapter or of Chapter 171, Subdivision of Land. An area or bulk variance does not involve a use of land, building or structure which is prohibited by zoning regulations.

VARIANCE, USE

An approval by the Board of Appeals which permits a use of land, building or structure which is not permitted by this chapter in the district or zone in which it is located.

VEHICLE, COMMERCIAL

Any vehicle which is required by the State of New York to have commercial license plates.

WALL

A continuous vertical brick, stone or similar materials having a solid foundation along its whole length and not supported by posts. .

[Added 1-5-2021 by L.L. No. 1-2021]

YARD

The area of a lot open and unoccupied by a structure from the ground upward, except as permitted under this chapter, lying between a lot line and the nearest line of the principal building. The depth of a yard shall be measured in a straight line that is the shortest distance between the lot line and the nearest line of the principal 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.

YARD, FRONT

The yard extending across the full width of a lot and lying between the front lot line and the nearest line of the principal building.

YARD, REAR

A yard extending the full width of the lot and lying between the rear lot line and the nearest line of the principal building.

YARD, SIDE

A yard lying between a side lot line and the nearest line of the principal building and extending from the front yard to the rear yard.

[1] Editor's Note: The Zoning Map is included at the end of this chapter.

[2] Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.

[3] Editor's Note: The original definitions of "sign, advertising," and "sign, announcement," which immediately followed this definition, were repealed 6-17-1991 by L.L. No. 3-1991.

[4] Editor's Note: This ordinance also repealed the original definitions of "sign, business identification," and "sign, directory," which immediately followed this definition.

[5] Editor's Note: The original definition of "sign, flashing," which immediately followed this definition, was repealed 6-17-1991 by L.L. No. 3-1991.

[6] Editor's Note: The Table of Bulk Regulations is included at the end of this chapter.