[Amended 7-28-1969 by L.L. No. 8-1969; 6-28-1971 by L.L. No.
6-1971; 1-24-1972 by L.L. No. 1-1972; 6-12-1972 by L.L. No. 8-1972; 7-12-1972 by L.L. No.
12-1972; 2-26-1973 by L.L. No. 1-1973; 9-10-1973 by L.L. No. 14-1973; 6-23-1975 by L.L. No.
6-1975; 10-12-1976 by L.L. No. 10-1976; 3-28-1977 by L.L. No. 2-1977; 5-10-1982 by L.L. No.
5-1982; 6-28-1982 by L.L. No. 7-1982; 7-21-1983 by L.L. No. 7-1983; 3-25-1985 by L.L. No.
4-1985; 9-8-1986 by L.L. No. 5-1986; 4-25-1988 by L.L. No. 1-1988; 8-15-1988 by L.L. No.
5-1988]
For the purpose of this code, certain numbers, abbreviations,
terms and words used herein shall be used, interpreted and defined
as set forth in this article.
11.11.
For the ease of reference, each subdivision within this code
is given a section number or a subsection letter or number in parentheses.
Every section with a two-digit number includes all following sections
with the same first two common digits, and every section with a three-digit
number includes all following sections with the same first three common
digits.
11.12.
"Art," for "Article," "Sec." for "Section," "Col." for "Column,"
"No." and "Nos." for, respectively, "Number," and "Numbers," "ft."
for "foot" or "feet," "sq. ft." for "square foot" or "square feet."
11.13.
Unless the context clearly indicates to the contrary, words
used in the present tense include the future tense; words used in
the singular number include the plural, and words used in the plural
number include the singular; in the terms "referred to herein," "specified
herein" and "included herein," the "herein" means "in this code";
the word "regulations" means the regulations of this code; and the
words "this code" shall mean "this code and map included herein as
enacted or subsequently amended."
11.14.
A "person" includes a corporation, a partnership and an unincorporated
association of persons such as a club; "shall" is always mandatory;
and "building" includes a "structure"; a "building" or "structure"
includes any part thereof; "used" or "occupied," as applied to any
land or building, shall be construed to include the words "intended,
arranged or designed to be used or occupied."
11.15.
The "Town" is the Town of Orangetown, in the County of Rockland,
State of New York; the "Town Board," "Board of Appeals," "Planning
Board" and "Inspector" are, respectively, the Town Board, Board of
Appeals, Planning Board and Building Inspector of the Town.
In addition to section headings, the following words and terms
are in capitals to direct attention to their special meanings defined
as follows:
The term applied to a building or use which is clearly incidental
or subordinate to and customarily in connection with the principal
building or use and which is located on the same lot with such principal
building or use. No residential building, tourist cabin or summer
colony cottage shall be considered as "accessory" to any residential
building. However one guesthouse, one caretaker's cottage or one servants'
quarters may be considered as "accessory" to a residential use in
R-80 only. Any "accessory" building attached to a principal building
is deemed to be part of such principal building in applying the bulk
regulations to such building. "Accessory" buildings, structures and
uses shall not be subject to performance standards procedure, except
as set forth in § 4.12. A portable building not over 144
square feet in area shall be permitted without a building permit on
any residential lot in any rear or side yard, but not closer than
five feet to any property line. Notwithstanding any other provisions
in the Zoning Code to the contrary, vending machines and entertainment
devices shall be deemed "accessory" to recreation establishments,
such as bowling alleys, dance halls, billiard parlors, driving ranges
and miniature golf courses; eating and drinking places; hotels and
motels; and the same shall be permitted without a building permit.
An establishment where the vending machines and entertainment devices
are the principal use, such as an arcade, shall be subject to the
requirement for a special permit found in the CS District, Column
3, Zoning Board, Note 9, and all such other zoning districts which
refer to that note.
[Amended 4-13-2021 by L.L. No. 3-2021]
A boarding home operated by a public service agency or private
nonprofit child caring agency authorized by the New York State Board
of Social Welfare with occupancy limited to six unrelated minors or
more than six minors if related by blood, who shall be under the age
of 21 years and over the age of five years. Such home shall be set
up in theory, size, appearance and structure to resemble a family
unit and shall bear the general character of a family unit as a relatively
permanent household and shall not be a framework for transients or
transient living. It shall not be an institutional arrangement. It
must be headed by a householder caring for a reasonable number of
children such as would likely be in a biologically unitary family.
A community residence operated by a public social service
or mental hygiene agency or private nonprofit agency authorized by
the New York State Board of Social Welfare or Commissioner of Mental
Hygiene with occupancy limited to 24 unrelated adults above the age
of 21 years.
A group home operated by a public social service agency or
private nonprofit child caring agency authorized by the New York State
Board of Social Welfare with occupancy limited to 12 minors under
the age of 21 years and over the age of five years. Such home shall
be set up in theory, size, appearance and structure to resemble a
family unit and shall bear the general character of a family unit
as a relatively permanent household and shall not be a framework for
transients or transient living. It shall not be an institutional arrangement.
It must be headed by a householder caring for a reasonable number
of children such as would likely be in a biologically unitary family.
See "building."
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
Any type of antenna or device for receiving signals or transmissions
from space or otherwise through the atmosphere other than a satellite
television antenna.
[Added 4-27-1992 by L.L. No. 5-1992]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The total area within the property lines, excluding external
streets.
Attached residential housing units for honorably discharged
veterans of the United States Armed Forces who meet the federal criteria
as homeless, owned and/or operated by a private not-for-profit corporation,
organized as such under the laws of the State of New York, and having
status as an Internal Revenue Code § 501(c)(3) entity.
[Added 5-23-2017 by L.L.
No. 6-2017]
See "hotel."
A building used for the repair of motor vehicles; such repair
shall be wholly within a completely enclosed building.
A business enterprise primarily engaged in the retail sale
of alcoholic beverages for consumption on the premises.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A "basement"
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
See "sign, advertising."
An area of specified dimension extending between a rear or
side property line or a zoning district line and a required yard.
The "buffer" shall not be used or otherwise encroached upon by any
activities on the lot so as to provide for adequate separation and
protection from otherwise inharmonious or incompatible uses.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
See "height."
The line of that face of a building nearest the front line
of the lot. This face includes sun parlors and covered or uncovered
porches and decks, whether enclosed or unenclosed, but does not include
steps.
Line established by this local law beyond which no part of
a building, other than parts expressly permitted, shall extend.
The size and shape of buildings and nonbuilding uses; and
the physical relationship of their exterior walls or their location
to lot lines and other buildings or other walls of the same buildings;
and all open spaces required in connection with a building. "Bulk
regulations" include regulations dealing with lot area, lot area per
dwelling unit, lot frontage, lot width, height, required yards, courts,
usable open space, floor-area ratio, spacing between buildings on
a single lot and the length of buildings in a row.
That part of a building or nonbuilding use which does not
conform to one or more of the applicable bulk regulations of this
code.
Any lot, including its area of land or water, or both, on
which are located two or more cabins, tents, shelters, houseboats
or other accommodations of a design or character suitable for seasonal
or other more or less temporary living purposes, for children, and
including a day camp, but not including a trailer camp, rooming house,
tourist home, hotel, motel or summer colony.
The portion of the building that is partly or entirely below
grade, which has more than 1/2 of its height measured from floor to
ceiling, below the average finished grade of the ground adjoining
the building.
A facility in which the applicant and required number of
assistants provide 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 run by an individual association,
corporation or institution. Licensing by the New York State Department
of Social Services is required.
[Added 6-24-1991 by L.L. No. 7-1991]
See "fraternal organization."
Any motor vehicle used for commercial purposes, such as the
transportation of goods, wares and merchandise or passengers for hire
or having a load capacity in excess of 1/2 ton; or any type of vehicle
used as a place in which any business or commercial enterprise is
conducted, or which is objectionable for reasons such as noise, fumes,
vibrations, odor, dust, gas or lights.
See "agency community residence."
A building separated on all sides from adjacent open space
or from other buildings by fixed exterior walls or party walls, pierced
only by windows and entrance or exit doors, and covered by a permanent
roof.
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings. It does not include any such
area with no windows opening upon it except windows on a stairway.
An "outer court" extends to a street or yard, and an "inner court"
does not.
In no district shall it be permissible to dump, bury, burn,
deposit, store, collect or permit to collect, any used or discarded
materials, garbage, sewage, junk, equipment, machinery, trash or wrecked,
broken-down or unregistered vehicles or parts thereof on any property.
See § 3.22.
See "discarded materials."
Adequately covered with concrete or bituminous products and
maintained in good condition at all times.
Same as "residence."
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the exclusive use of one family.
The average setback on each street on which a lot fronts,
within the same district and within 300 feet on each side of such
lot along the same side of the street, but not beyond any intersecting
street, established by three or more buildings.
Separate and distinct permanent place of business.
A building or group of buildings for the education and training
of management personnel and customer executives in the planning, direction
and implementation of information and other business systems. Building(s)
may include offices, conference rooms, seminar rooms, training equipment,
ancillary services, housing and eating accommodations and recreational
facilities for the use of the participants and administrators. The
total occupancy, including administrators and participants, shall
be limited to 18 persons per site acre with off-street parking spaces
as required for the office and housing accommodations.
Manufactured housing bearing the insignia of approval issued
by the State of New York.
One person or a group of persons living together in a single
nonprofit housekeeping unit and operating as the functional equivalent
of a "family."
[Amended 9-24-1990 by L.L. No. 15-1990]
A facility in which an individual in his/her own residence
operates a facility wherein child day-care services are provided for
three to six children (eight children after school), depending on
age, for more than three hours a day in an approved home. Licensing
by the New York State Department of Social Services and compliance
with home occupation criteria are required.
[Amended 6-24-1991 by L.L. No. 7-1991]
An unroofed barrier or unroofed enclosing structure, not
including retaining walls.
The sum of the gross horizontal areas of every floor of a
building, measured from the exterior faces of exterior walls or from
the center line of party or common walls separating two buildings,
including: basement space; attic space, whether or not a floor has
been laid, over which there is structural headroom of seven feet or
more; floor space used for mechanical equipment with structural headroom
of seven feet or more; elevator shafts and stairwells at each floor;
roofed porches, breezeways, interior balconies, mezzanines and penthouses;
and any roofed-over space such as a garage or carport for off-street
parking accessory to a single-family or two-family dwelling, not located
in a cellar. Regardless of the internal arrangement of a building,
it shall be deemed to have at least one floor for the first 25 feet
of height or fraction thereof, and for floor height over 25 feet,
the floor area shall be the result of the actual floor area multiplied
by the quantity resulting from the division of the actual height of
the story by 25:
|
Actual floor area x height in feet/25 = floor area
|
|
However, "floor area" does not include: cellar space, except that cellar space for a retail sales use shall be included for the purpose of calculating Article VI requirements of such use for accessory off-street parking spaces and accessory off-street loading berths; elevator and stair bulkheads, accessory water tanks and cooling towers; terraces, unroofed open porches and steps; enclosed off-street parking spaces and loading berths, accessory to any use other than a single-family or two-family dwelling.
[Amended 4-26-2012 by L.L. No. 2-2012] |
The floor area in square feet of all buildings on a lot,
divided by the area of such lot in square feet.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, provided that there are
not conducted any vending stands, merchandising or commercial activities,
except as required generally for the membership and purposes of such
club.
A facility in which an individual in his/her residence operates
a facility wherein day-are services are provided for seven to 10 children
of all ages, including not more than four children under two years
of age or up to 12 children where all such children are over two years
of age. A "group-family day-care home" may also provide services to
two additional children of school age, before or after school hours.
Licensing by the New York State Department of Social Services and
compliance with home occupation criteria are required.
[Added 6-24-1991 by L.L. No. 7-1991]
The vertical distance measured from the average elevation
of the proposed finished grade along the wall of a building, or adjacent
to the side of a nonbuilding use, to the highest point of the roof
or parapet for flat roofs or shed roofs, to the deck line for mansard
roofs, and to the mean between eaves and ridge for gable, hip and
gambrel roofs of such building, or nonbuilding use, except as specifically
exempted in § 5.23.
A takeoff or landing area for helicopters. A heliport may
be permitted by special permit of the Town Board only in R-80 Districts.
A heliport accessory to a use permitted by right or special permit
is permitted in a nonresidential district by special permit of the
Town Board only.
Buildings which have been specifically designated as historically
significant by the state or local governing body (see "landmark")
or listed in the National Register of Historic Places or which have
been determined to be eligible for listing on the National Register
by the Secretary of the Interior.
A profession or other occupation not otherwise permitted
in the district which is conducted as an accessory use on a residential
lot by one or more members of the family residing on the premises
and which in R Districts conforms to the following additional restrictions:
The profession or other occupation shall be carried on wholly within
the primary structure on the premises, shall not exceed 15% of the
total floor area of the primary structure, limited to a maximum of
500 square feet, and shall not be operated between the hours of 10:00
p.m. and 8:00 a.m.; there shall be no exterior display or exterior
sign except as permitted in Use Table, Column 5, for R Districts,
no exterior storage of materials or equipment and no other exterior
indication of such home occupation or variation from the residential
character of the building, lot or neighborhood; inventory and supplies
shall not occupy more than 50% of the area permitted to be used as
a home occupation; and not more than one person other than actual
residents of the premises shall participate in such home occupation
without permission of the Board of Appeals. In particular, a home
occupation includes, but is not limited to, art studio; dressmaking;
secretarial services, notary public; teacher, with musical instruction
limited to a single pupil at a time; contractor's office; or the office
or studio of a physician, dentist, author, artist, musician, lawyer,
engineer, architect, city planner, realtor or accountant or similar
use; but shall not include animal hospital, repair service, barbershop,
beauty parlor, restaurant, tea room, tavern, sale of antiques, used
merchandise or similar use, store, mortuary, auto rental or livery
service, or other uses similar to the foregoing, and massage services.
[Amended 9-14-2009 by L.L. No. 4-2009]
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for more than 15 transient guests,
for compensation.
A building or group of buildings to provide overnight lodging,
dining and conference facilities. Building(s) may include administrative
offices, guest rooms, restaurants, drinking places, conference and
meeting rooms, ballrooms, recreation facilities (pools, tennis courts,
fitness centers, jogging paths, etc.) and ancillary services for guests,
employees and management.
A symbol which contains no movable parts or mechanism, no
writing or lettering and which is nonilluminated and is an integral
part of the design of the building.
An area of land with or without buildings used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials, such as wastepaper, rags
or scrap metal; or used building material, house furnishings, machinery,
vehicle or parts thereof; with or without the dismantling, processing,
salvage, sale or other use or deposition of the same. A deposit or
the storage on a lot of two or more wrecked or broken-down vehicles
or parts of two or more such vehicles for one month or more in any
district or at any time in a front yard shall be deemed to be a junkyard.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed and wherein there is no display
of any material or products.
Any place, structure or building of historic value by reason
of its relation to early colonial history of the Town of Orangetown
and the County of Rockland, to the days of the American Revolution
and the early development of the Town of Orangetown and Rockland County
in the era between the end of the American Revolution and the end
of the Civil War.
One or more contiguous parcels of land under single ownership
or control, designated by its owner, at the time of filing an application
for a building permit, as a tract to be used, developed or built upon
as a unit. It may or may not coincide with the deed description thereof
or the boundaries of the same as shown on a map thereof filed for
record or otherwise, and it may be subsequently subdivided into two
or more lots, provided that all such lots conform to all the regulations
of the district. The boundaries of any lot for which a building permit
or certificate of occupancy is requested shall be accurately drawn
on the application therefor. Not more than one single-family detached
residence shall be permitted on any one lot.
A lot whose lot lines form an interior angle of less than
135° at the intersection of two street lines. A lot abutting on
a curved street shall be deemed a "corner lot" if the tangents to
the curve at the points of intersection of the side lot lines with
the street lines intersect at an interior angle of less than 135°.
The horizontal distance measured along the full length of
a street line abutting the lot.
A lot other than a corner lot or a through lot.
A boundary line of a lot. See § 5.12.
The line of a street on which a lot fronts or abuts, subject
to § 5.111.
Any lot line, other than a street line, which is parallel
to the front line or within 45° of being parallel to the front
lot line.
Any lot line not a front lot line or a rear lot line, including
a lot line of an offset portion of a lot.
A lot, other than a corner lot, having frontages on two streets.
The distance between side lot lines measured at the required
setback or at that part of the building nearest the street along a
line parallel to the front lot line if straight, or parallel to a
line connecting the end points of the front lot line.
Any process whereby the nature, size or shape of articles
is changed or where articles are assembled or packaged in quantity.
Any process whereby the nature, size or shape of articles
or raw materials are changed or where articles are assembled such
that the activities meet the performance standards established in
this Zoning Code and are conducted entirely within enclosed buildings.
A boat basin providing mooring, servicing and supply facilities
for watercraft.
Those services defined and licensed by the State of New York.
All massage services must be performed by persons licensed by the
State of New York.
A multiple dwelling, intended primarily for motorists, not
over two stories in height, in which the exit from each dwelling unit
or sleeping room is directly to the exterior; includes but is not
limited to the terms "motor court," "motor hotel," "tourist court."
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption in the within
building and music and/or entertainment is provided and wherein the
maximum number of occupants is based on seven to 15 square feet of
actual floor area of the assembly space per person.
[Added 1-25-1993 by L.L. No. 1-1993]
A principal use of land to which the buildings on the lot,
if any, are accessory, such as an advertising sign, trailer camp,
junkyard, public parking lot or an open storage yard for materials
or equipment.
See "bulk, nonconforming."
See "use, nonconforming."
A facility which is designed to provide daytime care or instruction
for two or more children, with a maximum of 30, from two to six years
of age, inclusive, operated at least five days per week and seven
months per year. No nursery school shall be operated during the months
of July and August unless it meets with the requirements of a camp,
as specified in § 4.32(B), except for any school operated
with a number of children no greater than the average attendance throughout
the regular school year and without use of an outdoor swimming facility
or pool. No license is required; however, voluntary registration with
the State Education Department is highly recommended.
[Amended 6-24-1991 by L.L. No. 7-1991]
The standards set forth in § 4.1.
A structure or building, whether above or below grade level,
shall be considered portable if designed or intended for seasonal
rather than year-round use and is not attached to a principal building.
A lot and all the buildings and uses thereon.
Any private lot used for pecuniary gain, for the storage
and/or parking of motor vehicles. Such a lot is not permitted within
the Town of Orangetown, with the exception of accessory parking facilities
mandated by this Code. Any private parking lots preexisting the effective
date of this statute must be fenced, paved and properly drained and
must not be used to store or park unregistered motor vehicles. Each
parking space shall have a minimum width of nine feet and a minimum
length of 18 feet, to provide room for standing areas and aisles for
maneuvering. The aisle distance separation from back-to-back spaces
shall be 22 feet.
A building used for the storage of motor vehicles, which
contains space rented to the general public by the hour, day, week,
month or year, and including the accessory sale of gasoline and motor
oil if wholly within a completely enclosed building.
Any lot used for the storage of motor vehicles by the general
public.
An R-80, R-40, R-22, R-15 and RG District in the Town or
a corresponding district in an adjoining Town or village, referred
to as a "group."
A natural or artificial lake or pond for the collection or
storage of water public use.
A building or part thereof containing three or more dwelling
units.
A building, or part thereof, which contains one or more dwelling
units for permanent occupancy, but not including a rooming house,
tourist home, hotel, motel, tourist cabin, summer colony or trailer.
A building on a lot occupied for residential purposes by
one dwelling unit only.
A single-family residence having one or two party walls on
side lot lines.
A single-family residence which is separated from lot lines
or other buildings by open space.
A building on a lot which is used for residential purposes
for two dwelling units only.
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption in the within
building on the said premises only and wherein said operation does
not have stand-up or sit-down counter service or take-out service
(exclusive of a bar).
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state, usually served at or from counters in a paper, plastic or other
disposable containers, for consumption either within the restaurant
building, elsewhere on the premises, for carry-out or served from
a drive-in window for consumption off the premises. "Fast-food restaurants"
do not include bakeries or delicatessens.
The average level of the ceiling of the top story of a building.
A dwelling unit in which more than two (or in RG, more than
four) and fewer than 10 persons are housed or lodged for compensation
with or without meals.
An apparatus capable of receiving communications from a transmitter
or transmitter relay located in planetary orbit.
[Added 4-27-1992 by L.L. No. 5-1992]
Any public or nonpublic school offering courses in general
instruction at least five days per week and seven months per year.
[Amended 9-27-2016 by L.L. No. 8-2016
Any public or private school offering courses in religious
instruction at least five days per week and seven months per year.
[Added 9-27-2016 by L.L.
No. 8-2016
A school for the teaching of technical skills, trades or
arts and the physically, but not mentally, handicapped.
A strip at least four feet wide, densely planted with shrubs
or trees at least six feet high at the time of planting, of a type
that will form a year-round dense screen at least six feet high, or,
if required by the Board having jurisdiction, an opaque wall or barrier
or uniformly painted fence at least six feet high. Either shall be
maintained in good condition at all times and may have normal entrances
and exits, but shall have no signs affixed to or hung in relation
to the outside thereof, except the following: for each entrance one
directional arrow and the name of the establishment with "for patrons
only" or like limitation, not over two square feet in area, which
shall be nonilluminated. Where required in the district regulations,
a "screen" shall be installed along or within the lines of a lot as
a protection to adjoining or nearby properties.
SENIOR CITIZENA person having attained the age of 55 years.
[Amended 5-10-2011 by L.L. No. 3-2011]
SENIOR CITIZEN HOUSINGA building or a group of buildings which have the total number of dwelling units specifically designed for the needs of senior citizens.
LAND COVERAGE FOR SENIOR CITIZEN HOUSINGIncludes all buildings, structures, open parking areas, driveways and roads and recreational areas.
The distance between a principal building and the street
line nearest thereto.
A private membership facility designed, intended and used
for physical conditioning activities, located within a single-occupant
building. Such uses may include traditional athletic training facilities,
athletic performance analyses, cafes, child-care centers and spas,
as well as the sales of necessary equipment used in the activities
provided, together with other appropriate accessory uses.
[Added 12-12-2023 by L.L. No. 14-2023]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
Any existing state, county or Town highway or a street shown
on the Official Map of the Town, on a plat approved by the Town Planning
Board or on a plat duly filed and recorded in the office of the County
Clerk of Rockland County prior to grant to the Town Planning Board
of the power to approve plats, provided that such street shall have
been suitably improved to the satisfaction of the Town Board or is
in an open development area created by the Town Board under § 10.43.
A line equidistant from each street line of a street, or
if no street line is established, the center line of the existing
pavement, or, if the street in unpaved, the center line of the existing
traveled way.
See § 1.4.
See § 1.3.
The right-of-way line of a street.
As defined in § 1.4 and § 5.111.
An assemble of materials constructed or erected, the use
of which requires location above, below or on the ground, including
but not limited to the following: buildings, signs, walls, retaining
walls, radio and television antennas or dishes, microwave/satellite
antennas, pergolas, pagodas, porches, decks, bins, sheds, swimming
pools, swimming pool structures, docks, etc.
The division of any parcel of land onto two or more lots,
plots, sites or other division of land, with or without new streets
for the purpose, whether immediate or future of transfer of ownership
or building development, and shall include "resubdivision" and the
division of a commercial structure or parcel into two or more units
or areas for transfer of ownership or rental purposes.
A group of buildings, which may be cabins or cottages, containing
separate living accommodations for nontransient vacation or recreational
purposes for families or adults on a seasonal basis, for hire.
A private club with limitations on the number of members,
maintaining and operating a swimming pool and its incidental apparatus
and equipment, for the exclusive use of members and their guests.
A permanent or temporary swimming pool and its incidental
apparatus and equipment, located on a lot as an accessory use to a
residence and maintained by an individual for the sole use of his
household and guests, without charge and with no purpose of profit.
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 9-25-2018 by L.L.
No. 13-2018]
See "hotel."
A dwelling unit in which sleeping accommodations for more
than two and less than 10 persons are hired out for transient occupancy
primarily for overnight use by automobile travelers.
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports. A "trailer" is not a residence.
A lot where two or more trailers are parked, or which is
used or held out for the purpose of supplying to the public a parking
space for two or more trailers.
That part of the ground area of a lot for a multifamily residence,
a single-family attached residence or a residence in a building which
also contains nonresidential uses, which is devoted to outdoor recreational
space, greenery and service space for household activities (such as
clothes drying) which are normally carried on outdoors; not devoted
to private roadways open to vehicular transportation, accessory off-street
parking spaces or accessory off-street loading berths; unobstructed
except as permitted by § 5.22; accessible and available
at least to all occupants of dwelling units for whose use the space
is required; and having a minimum dimension specified in the Bulk
Table. Usable open space may be counted as part of any required yard.
The term employed to refer to any purpose for which buildings
or other structures or land may be occupied.
A use permitted by right or by special permit, which is not
so permitted in a previous district.
A use of a building or land, or both, which was lawfully
established, but which does not conform to the use regulations for
the district in which it is located. It may or may not involve any
principal building. Any use which is permitted in a district by right
or by special permit shall be considered a "conforming use."
Open and unobstructed ground area of the lot, except as specified
in § 5.22, extending inward from a lot line for the distance
specified in the regulations for the district in which the lot is
located.
A required yard extending along the full length of the front
lot line between the side lot lines.
A required yard extending along the full length of the rear
lot line between the side lot lines.
A required yard extending along a side lot line from the
required front yard (or from the front lot line if there is no required
front yard) to the required rear yard (or to the rear lot line if
there is no required rear yard).
[1]
Editor's Note: This local law also repealed the former definitions
of "sign, advertising," "sign area," "sign, business," "sign, directional,"
"sign, flashing," "sign, illuminated," and "sign wall area," which
immediately followed this definition.
