A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. Words used in the present
tense shall include the future; and words used in the singular number
shall include the plural number, and the plural the singular. The
word "shall" is always mandatory and not discretionary. The word "may"
is permissive; the word "building" includes all other structures of
every kind, regardless of similarity to buildings; and the phrase
"used for" shall include the phrases "intended," "maintained for"
and "occupied for." The word "person" includes a profit or nonprofit
corporation, company, partnership, associations, joint ventures, individual,
or any combination thereof. The word "lot" includes the word "plot."
The words in this chapter shall be construed in accordance with their
common meaning unless their context requires a different interpretation
or unless they are otherwise defined in this chapter. 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.
B.
Unless the context clearly indicates otherwise, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunction "and," "or," "either...or," or "and/or," the conjunction
shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions, provisions
or events shall apply.
(2)
"Or" indicates that the connected items, conditions, provisions or
events may apply singly or in any combination.
(3)
"Either. . .or" or indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
As used in this Zoning chapter, the following terms shall have
the meanings indicated:
A structure or building which is customarily incidental or
subordinate to the principal use and which is located on the same
lot as such principal use. Any accessory building attached to a principal
building is deemed to be part of such principal building in applying
the bulk regulations. Examples of accessory buildings are detached
garages, barns, sheds, cabanas, television dish receivers and private
greenhouses. Accessory uses, buildings and structures shall not exceed
40% of the area of the principal use, except that accessory parking
shall not be included in the calculation.
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 shall not be
accessory to another accessory use on a lot. Accessory uses, buildings
and structures shall not exceed 40% of the area of the property occupied
by the principal building or use, except that accessory parking shall
not be included in the calculation.
Any adult retail store, adult arcade, adult cabaret or adult
movie theater involving a sexually explicit and oriented business
which offers at any time to the public, customers or members, literature,
books, or performances by persons who appear nude or seminude or live
performances that are characterized by their emphasis on the exposure,
depiction or description of specified anatomical areas or the conduct
or simulation of specified sexual activities, whether such business
is licensed or unlicensed and whether such activities occur regularly
or on one occasion only.
Dwellings units made available to households earning no more
than 80% of the Village's median household income measured in
the year immediately preceding the anticipated occupancy of the dwelling
units. Median household income shall be based on U.S. Census Bureau
data and calculated annually using the Consumer Price Index for all
Urban Consumers of the New York-Newark-Jersey City region.
Any change, rearrangement or addition to a structure other
than repairs; any modification to the exit facility or in construction,
whether by increasing in height, extending on a side, in repositioning
or relocating a structure or portion thereof.
Any change, construction, reconstruction, covering over,
or removal of a regulated historic property, building or structure
or exterior architectural feature(s) thereof. Alteration shall not
include routine maintenance or repair of same required by normal wear
and tear with the same materials unless such maintenance would result
in a change in the architectural appearance of the structure. Interior
alterations that do not affect the exterior architectural features
of the historic structure are not regulated by this chapter.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Facilities and land used to house, protect and rehabilitate
animal species. For purposes of this Zoning chapter, permissible animals
shall include those which are commonly domesticated and indigenous
to the northeast, as well as any avian species. The animal sanctuary
shall be accredited by the American Sanctuary Association or other
similar accrediting body.
A retail use that sells pre-owned older items which are highly
collectible due to beauty, condition, rarity, and other features which
make them valuable.
A property owner, or a person authorized by the property
owner to make an application seeking a determination or decision from
the Code Enforcement Officer, Planning Board, Village Board, or Zoning
Board of Appeals with regard to this Zoning chapter. Any applicant
that is a corporation, corporate entity, partnership, or limited liability
corporation shall disclose all owners of the LLC to ensure that no
conflict of interest will occur as a result of any board member or
official reviewing the application and for public hearing purposes.
A retail use engaged in the sale, loan or display of art
books, paintings, sculpture, or other works of art. This use does
not include libraries or museums.
A studio or other space used by an artist for the development,
display, and sale of art or the instruction in a personal artistic
skill such as fine arts, crafts, dance and music. Said use shall not
involve food preparation, mechanical equipment such as kilns, commercial-scale
ovens, milling machines and similar equipment.
A residential development in which a New York State approved
assisted living program and/or assisted living residences (as defined
by state law) are operated. An assisted living program or an assisted
living residence (as defined by state law) is an entity which is approved
to operate pursuant to the New York State Public Health Law and the
New York State Social Services Law, and may have additional licenses
or certifications under New York State law, and provides or arranges
for housing, supervision and personal care services to five or more
eligible adults unrelated to the operator.
A business enterprise primarily engaged in the retail sale
of alcoholic beverages for consumption on the premises.
The portion of a building that is partly below grade which
has more than 1/2 of its height measured from floor to ceiling above
the average finished grade of the ground adjoining the building.
Producing beer in excess of 75,000 barrels a year and distributed
to an unlimited geographic area.
A brewery dedicated to the small production of beer, less
than 75,000 barrels a year, where the distribution of said beer is
limited to a geographical area.
An additional yard area of specified dimension set forth
in this Zoning chapter located between a rear or side property line
or a zoning district line and a required rear or side yard. The buffer
shall provide for adequate separation and protection from otherwise
inharmonious or incompatible uses and shall not be used or otherwise
encroached upon by any activities on the lot.
A structure constructed, erected or placed on the ground,
with a roof supported by columns or walls.
A building or area of land where building materials, equipment
and supplies are stored indoors or outdoors and used exclusively as
part of a business involved in the construction of buildings. The
on-site retail or wholesale trade of any contractor materials or supplies
is not permitted accessory to a building contractor establishment.
The materials processing of organic or inorganic materials, including
rock crushing, mulching, or soil screening, is not permitted in conjunction
with this use. The outdoor storage of materials and equipment accessory
to a building contractor establishment shall require a special use
permit from the Planning Board.
A line drawn parallel to a street along the front of a building.
A building surrounded by open space and not attached to any
other building on the same lot.
The vertical distance measured from the average elevation
of the proposed finished grade along all walls of a building to the
highest point of the roof.
A building in which the principal use of the lot on which
it is located is conducted.
The volume and shape of a building or of a nonbuilding use
in relation to lot lines, yards, center lines of streets, other buildings
and all open spaces appurtenant to a building or a nonbuilding use.
That part of a building or nonbuilding use which does not
conform to one or more of the bulk requirements set forth in this
Zoning chapter.
A property and associated buildings where a bus route starts
or ends and where bus vehicles are stored or maintained. A bus depot
may also include a passenger area where passengers embark or disembark
from bus vehicles.
A permit issued by the Planning Board pursuant to this Zoning chapter to authorize alteration, demolition or new construction of an historic property, building or structure as set forth in Article XIII of this Zoning chapter.
A method of harvesting where substantially all trees on a
site are removed. Clear-cutting is prohibited except where it is associated
with land disturbance activities within the limits of disturbance
shown clearly on an approved site plan or subdivision plan. Where
clear-cutting occurs on a site where an approved site plan or subdivision
plan does not illustrate said clearing, the activity shall only be
permitted where a tree removal permit has been issued.
Any activity that disturbs and removes the vegetative ground
cover.
A subdivision plat or plats, approved pursuant to this Zoning
chapter and consistent with the provisions of § 7-738 of
New York State Village Law, in which the Zoning chapter is modified
to provide an alternative permitted method for the layout, configuration
and design of lots, buildings and structures, roads, utility lines
and other infrastructure, parks and landscaping in order to preserve
the natural and scenic qualities of open lands. Open space shall be
subject to a conservation easement.
The individual appointed by the Village Board of Trustees
to administer and enforce all provisions of the Uniform Code, the
Energy Code, and the Village of Hillburn Village Code, including this
Zoning chapter. Any references in this code to the term "Building
Inspector" shall mean "Code Enforcement Officer."
Recreational activities conducted entirely within a building,
including team or individual sports and related health and exercise
facilities operated on a commercial or fee basis. An indoor recreation
use may include accessory uses, such as food service facilities, meeting
rooms, video or computer game facilities, sales of sport- or exercise-related
equipment or clothing, and other accessory uses clearly incidental
to the recreational activity. Indoor commercial recreation uses include,
but are not limited to: a gymnasium, fitness center, bowling alley,
skating rink; tennis and other racquet courts, field house, indoor
track, indoor basketball, indoor swimming pool, billiards, indoor
shooting range.
Any vehicle licensed and used in the operation or conduct
of a business, whether or not said vehicle is situated on the lot
on which said business operates.
A place, structure, area or other facility used for and/or
providing social and/or recreational programs generally open to the
public.
The most recently adopted Village of Hillburn Comprehensive
Plan.
Any building and associated accessory uses and structures
to store stone, sand, cementitious materials, and admixtures on-site,
and which combines, sells and delivers "ready-mix" concrete through
the use of a concrete mixing truck.
A building or buildings designed for conferences, seminars,
and meetings and used principally by conference center patrons, and
which can include accessory uses such as restaurants or recreation
facilities only upon approval of the Planning Board.
An easement, covenant, restriction or other interest in real
property which limits or restricts development, management or use
of such real property for the purpose of preserving or maintaining
the scenic, open, historic, archaeological, architectural, or natural
condition, character, significance or amenities of the real property.
That percentage of the plot or lot area covered by the building
area of the principal building.
The percentage of the area of a lot covered by buildings,
structures, parking areas, and other impervious surfaces on the lot.
Impervious surfaces shall be deemed to include pervious pavers, pervious
pavement and hard pack gravel.
A place where artists, artisans or craftpersons use small
batch manufacturing methods to produce food or craft goods for local
sale, including but not limited to baked goods, soaps, olive oils,
jewelry, pottery, sculpture, metal work, furniture making, textiles
or glassblowing.
An indoor or outdoor facility for the live performance of
dance, drama, music, or similar artistic performances, including but
not limited to amphitheaters, pavilions, concert halls and other musical
and performing arts performance areas together with administrative,
food service, interpretive and learning centers and museums, parking,
seating facilities together with various other accessory uses to accommodate
performing arts patrons. Instructional courses in the performing arts
are allowed as an accessory activity to the center. This definition
does not include facilities principally used to display movies or
other non-live performances. Nothing herein shall be construed to
permit adult entertainment uses in conjunction with a cultural and
performing arts center.
Uses that fall within one of the following categories:
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CHILD DAY-CARE CENTER — A program or facility
which is not a residence, and in which child day care is provided
on a regular basis in accordance with Subpart 418-1, Child Day Care
Centers,[1] and as defined in Part 413 of Title 18, Department of
Social Services.[2] The name, description or form of the entity which operates
a child day-care center does not affect its status as a child day-care
center under these regulations. The maximum capacity shall be the
maximum number of children authorized to be present at any one time
and shall be as specified on the child day-care center license issued
by the New York State Office of Children and Family Services.
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DAY-CARE HOME, FAMILY — A program caring for
children for more than three hours per day per child in which child
day care is provided in a family home for three to six children. Said
facility shall be registered with the NYS Office of Children and Family
Services.
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DAY-CARE HOME, GROUP FAMILY — A program caring
for children for more than three hours per day per child in which
child day care is provided in a family home for seven to 12 children
of all ages, except for those programs operating as a family day-care
home, which care for seven or eight children. A group family day-care
program may provide child day-care services to four additional children
if such additional children are of school age and such children receive
services only before or after the period such children are ordinarily
in school or during school lunch periods, or school holidays, or during
those periods of the year in which school is not in session. Said
facility shall be licensed by the NYS Office of Children and Family
Services.
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A commercial use where a combination of professionally administered
personal care treatments such as massages, facials, body wraps, salt
scrubs, and other body treatments are performed. Manicures, pedicures,
and hair salon uses may also be conducted. The facility is only visited
for the duration of the treatment and only on a daily basis, and the
visitation does not involve an overnight stay or accommodation.
Garbage, litter, automotive parts, leaves, twigs, branches,
logs, stumps, yard clippings.
A retail use that sells foods already prepared or requiring
little preparation for serving, such as cooked meats, cheese, salads,
and the like at a counter. The deli may sell magazines, newspapers,
and other limited sundries.
The act of pulling down, destroying, removing, moving, relocating,
or razing a property, building or structure or portion thereof, or
commencing the work of total or substantial destruction with the intent
of completing same, including removal.
A demolition authorized pursuant to the New York State Uniform
Building Code, when, after inspection, it is determined by the Code
Enforcement Officer or other authorized official, after consultation
with the Village Board, that a regulated historic structure poses
an imminent threat to the health or safety of the community that cannot
be adequately mitigated and that immediate demolition is necessary
to protect public health and safety.
A commercial use for pickup and delivery only of dry-cleaned
garments or laundry. Tailoring services are allowed accessory to a
dry-cleaning depot.
A dwelling or portion thereof providing complete housekeeping
facilities for one family. The term "dwelling unit" is synonymous
with "residence."
Any digging, scooping or other methods of removing earth
materials.
A commercial use involving the process of removing rock,
sand, gravel or other minerals from the ground and sale of same in
order to use them to produce materials for construction or other uses.
A quarry is any such working on the surface of the earth where minerals
are extracted and may also be referred to as "surface mine," "pit,"
or "open pit." Quarrying may involve the extraction of natural stone
to produce building stone or dimension stone. The term "mining" is
associated with places where soils are extracted, whether above or
below ground.
The architectural style, general design and general arrangement
of the exterior of any regulated historic property, building or structure,
including but not limited to the kind and texture of the siding and
other building materials and the type and style of the trim, doors,
windows, steps, entryways, and other architectural features, but shall
not include the kind and color of paint and light fixtures on any
regulated structure.
A family shall consist of one of the following:
One, two or three persons occupying a dwelling unit who pay
a single shared amount for rental or mortgage purposes.
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
There shall be a rebuttable presumption that four or more persons
living in a single dwelling unit who are not related by blood, marriage
or legal adoption are not the functional equivalent of a traditional
family. In determining whether individuals are living together as
the functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools under the care
of a parent, legal guardian or equivalent;
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units;
Common ownership of furniture and appliances among the members
of the household; and
The group is not transitory or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
Regardless of the composition of the family, the maximum occupancy
of any residence shall be established based on the requirements of
the New York State Property Maintenance Code.
Individuals residing in institutional uses, boarding homes,
fraternities, sororities, clubs, associations, supervised or transient
housing or other similar forms of housing shall not be considered
a family.
A building and premises for the indoor or outdoor year-round
sale of agricultural products grown primarily within the Hudson Valley
region.
An accessory structure or vehicle used for the seasonal display
and sale of agricultural products grown on the premises on which the
stand is located, and which uses its adjacency to a roadway to attract
customers.
An acronym for "Federal Emergency Management Agency."
An unroofed wall or barrier or construction of materials
made from concrete, wood, plastic, wire, stone or other materials
erected on premises for the purpose of enclosing an area of land,
including berms and retaining walls if located beneath same. A substantially
opaque hedge, shrubs or other materials or other living fence shall
be regulated as a fence.
Any depositing or stockpiling of earth materials.
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the "base floodplain" or "100-year floodplain." For purposes of this chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard." Refer also to Chapter 130, Flood Damage Prevention, of the Village of Hillburn Code.
An official map of the Village of Hillburn on which FEMA has delineated the areas of special flood hazard and the risk premium zones applicable to it. Refer to Chapter 130, Flood Damage Prevention, of the Village of Hillburn Code.
A flood of such magnitude as may reasonably be expected to be equaled or exceeded on average once every 100 years; the term also means that level of flooding having a 1% probability of occurrence in any year. Refer to Chapter 130, Flood Damage Prevention, of the Village of Hillburn Code.
Any land area susceptible to being inundated by water from any source. Refer to Chapter 130, Flood Damage Prevention, of the Village of Hillburn Code.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Refer to Chapter 130, Flood Damage Prevention, of the Village of Hillburn Code.
The sum of the gross horizontal areas of the several floors
of a building or group of buildings and accessory buildings on the
same lot, except that in residential buildings, cellar and attic floor
area that is not livable floor area shall be excluded. The area of
enclosed roofed porches and roofed terraces shall be included. All
dimensions shall be measured from exterior faces of walls or from
the center line of walls separating two buildings.
The gross floor area of all buildings on a lot divided by
the area of such lot.
The lowest story of a building entirely above the level of
the ground around the building.
Any commercial garage, other than a private garage, which
is available to the public, operated for gain, and which is used for
storage, repair, rental, greasing, servicing, adjusting or equipping
of automobiles or other motor vehicles, but excluding buses and heavy-duty
vehicles.
An accessory garage for the storage of vehicles and maintained
primarily for the convenience of the occupant or occupants of the
principal building, and in which no business, occupation or commercial
services are conducted.
A small retail store that carries a wide variety of merchandise,
including groceries, hardware, electronic goods, and clothing which
serves the neighborhood within which it is located, but does not prepare
food for general consumption on or off the premises. A secondhand
store, i.e., any store which resells goods, shall not be construed
to be allowed as a general store.
The act of excavating or filling of earth materials, or any
combination thereof.
A retail shop that sells food and miscellaneous other household
goods and is usually operated on a self-service basis. A grocery store
may also have a deli counter, butcher, florist, bakery, and other
service counters associated with its operation.
Any habitable room used as a sleeping accommodation for transient
occupancy in a resort hotel.
Material which presents an existing or potential hazard to
human health or the environment, including, without exception, all
residual oil, hydrocarbon products, including but not limited to gasoline,
oil, fuel and diesel oil, and also any other toxic, caustic, or corrosive
chemicals, radioactive materials or other substances listed in the
Title 40 of the Code of Federal Regulations or the New York State
Department of Environmental Conservation Rules and Regulations for
Hazardous Material (6 NYCRR Part 597).
A commercial use where active exercise and related activities
are performed utilizing weight control or muscle-building equipment
or apparatus for the purpose of physical fitness. A health fitness
facility may also include, as accessory uses, services and activities
provided in conjunction with a day spa, a child day-care room, physical
therapy activities, and refreshments.
Any nonresidential use conducted wholly or partly in a dwelling
unit by the owner of same, which is clearly incidental to the use
of the dwelling for living purposes and does not change the residential
character of the dwelling unit or vicinity or have any exterior evidence
of such secondary use other than a sign and where customers, clients
or sales representatives enter the premises and in which not more
than one nonresident person is employed.
Any nonresidential use that is incidental and clearly subordinate
to an existing residential use, conducted wholly within the residence
which does not change the residential character of the residence or
vicinity and where no nonresident employees, customers or clients
enter the premises and where no signage, exterior storage of products
or equipment are required. This use is permitted by right accessory
to a residence.
A commercial use consisting of overnight accommodations with
guest sleeping rooms within a building or group of buildings that
incorporate indoor and/or outdoor recreational facilities as integral
and accessory uses of the overall design of the resort. A resort hotel
may also include meeting rooms or a conference center, dining facilities,
and catering space. No guest sleeping room shall contain an individual
kitchen or cooking facilities.
The presence of insects, rodents, vermin or other pests.
An area of land with or without buildings used for or occupied
by the storage, outside of a completely enclosed building, of used
and discarded materials such as wastepaper, rags or scrap metal, used
building materials, house furnishings, machinery, vehicles or parts
thereof, with or without the dismantling, processing, salvage, sale
or other use or disposition of the same. The storage of two or more
wrecked or inoperable vehicles or parts thereof, whether or not licensed,
for a period of 30 days or more shall be deemed to constitute a junkyard.
Any building, structure or premises in which domesticated
household pets, such as dogs and cats, are kept, boarded or trained.
The keeping of five or more adult dogs or cats on an individual lot
shall be deemed a kennel and is not permitted.
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
primarily 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. A laboratory shall meet
the performance standards set forth in this Zoning chapter.
Any activity which may result in soil erosion from water
or wind and the movement of sediments into waters, including, but
not limited to, clearing, grading, excavating, transporting, and tilling
of land, except that the term shall not include such minor land disturbance
activities as: home gardens and individual home landscaping and maintenance
work; individual service connections and construction or installation
of public utility lines; septic tank lines or drainage fields unless
included in an overall plan for land disturbance activity relating
to construction of the building to be served; disturbed land areas
for commercial or noncommercial uses less than 5,000 square feet in
size; installation of fence and sign posts or telephone and electric
poles and other kinds of posts and poles; or emergency work to protect
life, limb or property. This definition also includes any movement
of soil, sand, rock, and other earth materials from one location to
another, other than such movement incidental to grading on the same
site, where such movement results in the destruction of the vegetative
cover either by tracking or the installation or deposition of earth
materials to the extent that erosion and sedimentation will result.
A permit issued by the Village of Hillburn for the clearing,
filling, excavating, grading or transporting of soils, vegetation,
or combination thereof.
The sale of landscape materials, including the sale of trees,
shrubs, or plants. Sale and storage of garden supplies, including
hand tools, mulch, soil, decorative rock, pavers, and similar nonvegetative
materials shall be allowed only where clearly incidental to the principal
use, and said accessory materials shall not occupy more than 25% of
the gross lot area. The on-site materials processing of organic or
inorganic materials, including but not limited to rock crushing, mulching,
or soil screening, is not permitted.
A commercial establishment equipped with individual clothes
washing or drying machines that are operated by the retail customer.
Light-emitting diode.
A use engaged in the manufacture, from previously prepared
materials, of finished products or parts, including materials processing,
fabrication, assembly, treatment, packaging, and incidental storage,
sales, and distribution of such products, with said products targeted
to end consumers rather than other businesses for further processing.
This definition excludes basic industrial processing that converts
raw materials into parts and products, starting immediately after
the raw materials are either extracted from minerals or produced from
basic chemicals or natural substances, such as automobile, mining,
petroleum, and steel industries. Examples of light industry include
the manufacturing of clothes, shoes, furniture, consumer electronics
and household items.
All spaces within the exterior walls of a dwelling unit exclusive
of garages, garage breezeways, unheated porches, heating and mechanical
equipment rooms and basements having a window area of less than 20%
of the square foot area of the room. Habitable floor area shall include
all spaces not otherwise excluded above, such as: principal rooms;
utility rooms; bathrooms; all closets and hallways opening directly
into any room within the dwelling unit; stairways; basements; and
all attic area having a clear height of 7 1/2 feet or more from
finished floor level to roof rafter.
One or more contiguous parcels of land under single ownership
or control, designated by the owner at the time of filing an application
for 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 the Tax Assessment Map of
the Village or a map filed for record or otherwise, and it may be
subsequently subdivided into two or more lots upon approval of the
Planning Board, provided all such lots conform to the bulk requirements
of the applicable zoning district.
The distance measured along the full length of the front
lot line. For purposes of meeting minimum lot frontage requirements,
the minimum lot frontage must be contiguous, i.e., minimum lot frontage
shall not be met by the sum of multiple frontages.
A boundary line of a lot.
The boundary of a lot along an existing or proposed street.
The Code Enforcement Officer, after consultation with the property
owner and a determination of the safety of ingress and egress, shall
determine the street lot line to which the dwelling shall front and
obtain access, except that where a new corner lot is being created
as part of a subdivision or access is being determined as part of
site plan review, the Planning Board shall specify the front lot line
to which a dwelling shall front and obtain access.
That boundary of a lot which is most distant from and is
or is most nearly parallel to the front lot line. All lots shall have
a rear lot line no less than 10 feet in length. Triangular or "pie-shaped"
lots that come to a corner in the rear yard are not permitted.
Any boundary of a lot which is not a front lot line or a
rear lot line.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection of the lines dividing
the lot from the street does not exceed 135°. A lot abutting a
curved street shall be deemed a "corner lot" if the tangents to the
curve at the points of intersection of the side lot lines with the
street lines intersect at an interior angle of less than 135°.
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The horizontal distance between the front and rear lot lines,
measured at any point along the front lot line to a point parallel
to same along the rear lot line.
A lot possessing narrow frontage on a road but not the minimum
required lot width as measured at the required front yard line but
having the required lot width measured at a point somewhere in the
interior of the lot. The lot is characterized by a distinctive shape;
i.e., narrow frontage on a public road connected by a narrow strip
of land for access to the major portion of the lot. On a map, the
individual lot looks like a flag on a pole. Flag lots are not permitted.
A lot, other than a corner lot, having lot frontage on two
streets.
The horizontal distance across a lot between side lot lines
measured at two locations: at a distance from the front lot line equal
to the minimum required depth of the front yard and from the rear
lot line equal to the minimum required depth of the rear yard.
Any use involving the processing of stone, soil, wood, metal,
or other raw materials through crushing, sifting, sorting, material
screening, splitting, blasting or other means. Except in connection
with a principal use specifically allowed in Table A, Schedule of
General Use and Bulk Requirements,[3] materials processing is prohibited.
Governmental buildings and uses that are owned or operated
by the Village of Hillburn, the Hillburn Fire Department, and other
municipal entities so determined by the Village Board of Trustees.
A place or building where objects of historical, artistic,
or scientific interest are exhibited, preserved, or studied and open
for viewing by the general public.
The construction, erection or installation of any new building
or structure that requires a building permit.
A principal use of land to which buildings or structures
on the lot, if any, are accessory, such as a trailer camp, junkyard,
public parking lot, an advertising sign or an open storage yard for
materials or equipment, and on which the building, if any, may be
used:
A structure, lawfully established prior to the effective
date of this chapter, which does not conform to the bulk or dimensional
requirements of this chapter, including for the district in which
it is located, regardless of the use to which such structure is put.
Any use of a building, structure, lot or land, or part thereof,
which was lawfully established prior to the effective date of this
chapter, which does not conform to the use regulations of this chapter
for the district in which it is located.
A facility serving children ages two to five years old where
classes meet anywhere from one to five days per week for less than
three hours per class and follow the public school year calendar.
No nursery school shall be operated during the summer months when
the public school is not in session. For purposes of this Zoning chapter,
registration with the New York State Education Department is required.
New York State.
A use where services are performed involving predominately
administrative or clerical operations for business, professional or
medical purposes as further defined below. A lot which includes an
office which occupies a lesser area than other activities on the site,
e.g., the storage of contractor equipment, shall not be deemed an
office.
Business: A place or establishment used for the organizational
or administrative aspects of a trade or used in the conduct of a business
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices of
salesmen, sales representatives, insurance brokers, real estate brokers
and persons with similar occupations.
Professional: An office devoted to a professional service occupation,
in which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge. A professional office may include but not
be limited to the office of an accountant, architect, consultant,
engineer, or attorney.
Medical: An office devoted to medical or dental care dispensed
to persons on an outpatient basis by physicians or other medical professionals
licensed in the State of New York, either singly or as a group, which
may also offer laboratory and diagnostic facilities to patients on
an outpatient basis.
The Official Map, adopted by the Village Board, of that part
of the Village of Hillburn showing the streets, highways, parks and
drainage systems laid out on such map, including any references to
more detailed maps and studies. The Official Map is final and conclusive
with respect to the location and width of streets, highways, drainage
systems and parks shown thereon; and the Official Map is hereby declared
to be established to conserve and protect the public health, safety
and general welfare.
A zoning district that imposes regulations for a specific
area that are in addition to the regulations that regulate the base
zoning district.
A portion of a lot accessory to the principal use used for
the storage or parking of motor vehicles directly incidental to the
principal use.
An off-street parking space or stall accessible and available for the parking of one motor vehicle and meeting the dimensional requirements specified in Article VIII.
A wall partition separating occupied rooms or spaces.
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazards, and glare
or heat generated by or inherent in certain uses of land or buildings.
A principal use permitted as of right within a zoning district.
Also referred to as a use allowed "by right." It is a use of property
and structures in a manner consistent with that which is listed as
permissible in the zoning district in which the use is or is to be
located.
Any individual, partnership, firm, company, limited liability
company, association, society, corporation, group or similar entity.
A commercial use including but not limited to barber shops,
hair, nail, and tanning salons, shoe repair shops, bicycle repair
shop, appliance repair shop, tailor and seamstresses, and financial
services, in which the product offered is the work or action performed.
A domesticated animal kept by a household for companionship
and enjoyment, such as cats, dogs, birds and hamsters, which are normally
and conventionally boarded in a residence or on a residential lot.
A building or structure or lot used exclusively for the conduct
of organized religious services.
The Planning Board of the Village of Hillburn, New York.
A structure or building, whether above or below grade level,
shall be considered portable if it is designed or intended for seasonal
rather than year-round use, is not attached to a principal building,
and/or is not attached permanently to the ground.
Any person, firm, corporation, or governmental agency, duly
authorized to furnish to the public, under governmental regulation,
electricity, gas, petroleum, steam, water, sewer, cable television,
or telephone, including transmission and distribution facilities and
similar services. Also, a municipally owned wastewater treatment or
water supply system, or a water works corporation or sewage works
corporation formed under the provisions of the New York State Transportation
Corporations Law and approved by the Village Board are included in
this definition. A solar facility shall not be considered a "public
utility" for purposes of this Zoning chapter.
A type of demolition that involves relocation of a regulated
historic property, building structure or portion thereof to another
location on the same lot or on another lot.
A building or portion thereof designed or used exclusively
for residential occupancy and containing complete housekeeping facilities
for one family only, having no enclosed space (other than vestibules,
entrance or other hallways or porches) or cooking or sanitary facilities
in common with any other dwelling unit. The term does not include
mobile homes, automobile house trailers, motels, hotels, boardinghouse,
convalescent home, fraternity or sorority house, inn, lodging, nursing
or other similar place of habitation or other similar building. The
term "dwelling unit" shall be synonymous with "residence."
A building on a single lot consisting of three or more residences.
Each residence shall be occupied exclusively by one family as defined
by this chapter.
A building on a single lot designed for and occupied exclusively
by one family as defined by this chapter.
A building on a single lot consisting of two residences,
which building either shares a common floor or ceiling, or where said
residences are separated by a party wall. Each residence shall be
occupied exclusively by one family as defined by this chapter.
Any establishment where food is commercially sold primarily
for on-premises consumption to patrons seated at tables where food
is served at the table. Any facility making use of a carhop or parking
lot to serve food to customers in vehicles, or primarily for the consumption
of food to be eaten off-premises shall not be considered a restaurant
for the purpose of this Zoning chapter and shall be deemed a "take-out
restaurant." A restaurant where less than 50% of the gross floor area
of the restaurant is dedicated to a dining room equipped with tables
and seats shall be deemed a "take-out restaurant." Use of a carhop
or parking lot to bring food service to a motor vehicle or use of
a drive-through facility is not permitted by this Zoning chapter.
Any establishment whose principal business is the sale of
foods, frozen desserts, or beverages in ready-to-consume individual
servings, for consumption either within the restaurant building, or
for carryout, and where either: 1) foods, frozen desserts, or beverages
are usually served in paper, plastic, or other disposable containers;
or 2) where there is no table service. Use of a carhop or parking
lot to bring food service to a motor vehicle or use of a drive-through
facility is not permitted.
A commercial use where merchandise is sold to the general
public for personal or household use or consumption, including but
not limited to a florist, hardware store, pharmacy, convenience store,
stationary store, bookstore, clothing store, shoe store, and jewelry
store. The storage of merchandise on the premises shall be clearly
incidental and accessory to the space dedicated to retail sale of
products.
The New York State Environmental Quality Review Act and its
implementing regulations.
The distance in feet from a lot line to the principal building
on a lot.
A building or buildings with accessory parking and loading
areas providing for a variety of retail, commercial and other nonresidential
uses, as may be allowed in this Zoning chapter, managed as a unit
on a single lot and which shall have the following characteristics:
Unified architectural treatment and signage and identifiable
theme relating each of the commercial establishments within.
A common interrelated parking and site circulation system with
consolidated vehicular access to a street.
Individual uses and/or buildings oriented to pedestrian traffic
by access signs and display, which are not generally visible or only
incidentally visible to the parking areas.
Shared amenities provided to patrons, such as benches, site
decoration and landscaping and park area, restrooms and the like.
Common spaces.
Also referred to as an "Airbnb" and other such similar terms,
the rental of any residence for a time period less than 30 consecutive
days to a nonoccupant visitor of the dwelling, whether or not for
commercial gain or in exchange to gain rental occupancy in a residence
within or outside the Village. A short-term rental is a prohibited
use.
Any structure or part thereof, or any device attached to
the exterior of a building or painted or represented thereon, which
shall display or include any letter, work, model, banner, flag, insignia,
device or representation used as, or which is in the nature of, an
announcement, direction or advertisement. The term "sign" includes
a billboard but does not include the flag or insignia of any nation
or group of nations, state, city, Village or other governmental unit,
or of any political, educational, charitable, philanthropic, civic,
professional, religious or like campaign, drive, movement or event.
The area within a single continuous perimeter enclosing the
extreme limits of writing, representation, emblem or any figure that
can be drawn around the outside perimeter of a sign, including the
frame but excluding supports, if any, unless said supports are illuminated.
Where a sign has back-to-back faces, only one face shall be used in
determining the sign area. In computing the area of a neon tube, a
string of incandescent lights or similar device outlining any part
of a building or hung upon any part of a building or lot, such device
shall be deemed to have a width of one foot.
A plan approved by the Planning Board depicting the size,
location, materials and content of a sign or signs, which plan shall
identify the permitted sign display for all signs on a property.
The supports, uprights, bracing and framework for the sign.
Any sign used to announce the use of the lot or direction
or location of buildings and structures on the lot for an office,
home occupation, religious, charitable or other institutional use.
A sign containing the name of the establishment and information
on the business conducted therewith, but specifically excluding phrases
directing an action (i.e., stop, buy, eat). Business signs shall contain
only the name or names of the lawful tenants or their trademarks and
shall identify only the business, profession, general goods or services
conducted or dispensed on the premises.
Any sign attached to a wall of a building. A facade sign
may be a wall sign, iconic sign or projecting sign.
Any illuminated signs on which the artificial light is not
maintained stationary and constant in intensity and color at all times
when in use.
Any sign not attached or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type signs.
A freestanding sign which identifies the multiple nonresidential
uses and tenants being conducted on the property on which it is located.
Any sign illuminated by electricity, gas or other artificial
light, either from the interior (direct illuminating) or exterior
(indirect illumination) of the sign, and which includes reflective
and phosphorescent light.
A freestanding sign constructed at ground level with a height
not greater than five feet from the ground level and not supported
by poles.
A sign permanently affixed to a property or building by fastenings
intended to provide such permanence.
A sign which is attached to a building wall and which extends
more than 10 inches perpendicular to the face of such wall.
Any sign or banner which is erected for a limited period
of time to promote or advertise any activity, business, or event.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material and/or located
inside a building and within four feet of the window.
A rendering, drawing, or sketch prepared to specifications
set forth in this chapter which shows the arrangement, layout and
design of the proposed use of a single parcel of land as shown on
said plan.
That portion of a building between the surface of any floor
and the surface of the floor next above, or if there is no floor above
it, the space between the floor and the ceiling or roof surface directly
above it. A basement shall be counted as a story for the purposes
of this chapter when more than 1/2 of such basement height is above
the established curb level or above the average finished grade level
around such basement where curb level has not been established. No
basement space shall be used for bedrooms or sleeping purposes unless
the height thereof from finished floor to ceiling is at least seven
feet six inches and at least five feet thereof is above the average
level of the adjacent ground and unless the window area thereof equals
at least 10% of the floor area of such space so used.
Livable space above the highest full story of a building
which contains or is designed to contain finished rooms under the
roof accessible by a permanent stairway, which rooms shall have a
clear height of at least four feet from finished floor to pitch of
rafter and a clear height of at least seven feet six inches from floor
to ceiling over at least 50% of the area of each such room. If the
aggregate livable area of such space under the roof, including area
in stairways, halls and enclosing partitions, exceeds 50% of the gross
floor area of the floor immediately below, it shall be included as
a full story in computing the height of a building; but if such aggregate
livable area is less than 50% of the gross floor area of the floor
below, it shall be included as a half story in computing the building
height.
A continuous or intermittent flow of water through a defined
channel.
A public or private way which affords principal means of
access to abutting properties.
The dividing line between a lot and the street right-of-way.
Anything constructed or built, any edifice or building of
any kind, which requires location on the ground or is attached to
something having a location on the ground, including, without limitation,
swimming pools, covered patios, towers, poles, sheds, signs, tanks,
etc., and other similar construction. The term structure shall include
"building," as well as receiving and transmitting commercial, radio,
television, cellular and other utility communication towers.
A non-natural body of water, not operated for gain, intended
to be used for swimming or bathing by any family or persons residing
on the premises and their guests, which has a depth greater than four
feet. Notwithstanding anything to the contrary, any body of water
having a depth of less than two feet shall be exempt from regulations
imposed on swimming pools by this chapter, and any body of water with
a depth greater than two feet but less than four feet shall be exempt
from the requirements of this chapter except that any stairway, gate
or fence shall be subject to approval by the Code Enforcement Officer.
All swimming pools, regardless of depth, shall comply with the New
York State Uniform Code.
Retail sales or rental of merchandise used in tourism-related
businesses. For purposes of this definition, tourism-related retail
uses shall be limited to recreational equipment sales or rental of
indoor or outdoor recreational equipment, recreation clothing outfitter,
and guide services.
Businesses involved in the small-scale production and crafting
of beverages or food from vegetables, fruits, grains or dairy ingredients
only, for final consumption, including a winery, brewery, ice cream,
confectionary, bakery, and cheese shop, and where an essential and
required element of the business is the operation of tours to display
the food preparation process to visitors. The retail sale of products
made on the premises or to market on the premises, as well as a dining,
tasting, or drinking area, is allowed accessory to the principal use.
Said retail sales and dining areas shall not exceed 40% of the gross
floor area of the total area of buildings on the site. Food processing
involving poultry, beef, fish, or similar meat products is prohibited.
Any vehicle mounted on or capable of being mounted on wheels,
movable either by its own power or by being drawn by another vehicle,
and including those vehicles capable of use for living, sleeping quarters,
or so as to permit cooking, or equipped to be used for offices, storage
or other commercial use. The term "trailer" shall also include vehicles,
if mounted on temporary or permanent foundations with the wheels removed.
A parcel of land where two or more trailers are parked or
which is used or held out for the purpose of supplying to a residential
tenant a space for two or more trailers for living and sleeping quarters.
Any building or part thereof which remains unoccupied for
a period of more than one year, with either doors, windows or other
openings broken, removed, boarded or sealed up.
A change in the existing use of a building or property from
a use listed allowed either by right or by special use permit to a
different listed use in the same zoning district, or to any use not
permitted within the same zoning district.
The specific and primary purpose for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
bulk requirements of this Zoning chapter.
Authorization by the Zoning Board of Appeals for the use
of land for a purpose which is otherwise not allowed or is prohibited
by this Zoning chapter.
The Village Board of Trustees of the Village of Hillburn.
A use engaged principally in the indoor storage, wholesale
trade, or distribution of manufactured products, supplies and equipment,
excluding bulk storage of materials that are flammable or explosive
or that present hazardous conditions which are herein prohibited.
Nothing herein shall be construed to permit retail sale of merchandise
to the general public or by membership.
The open space on a lot extending along a lot line, between
such lot line and a principal building or buildings or nonbuilding
use occupying such lot.
A yard extending the width of the lot and situated between
the street line and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the street line. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required front yard.
A yard extending the full width of the lot and situated between
the rear line of the building and the rear line of the lot.
A required yard is that portion of any yard extending inward
from a lot line the minimum distance specified in the bulk requirements
for the district in which the lot is located.
The required yard measured between the front lot line and
a line drawn parallel thereto.
The required yard measured between the rear lot line and
a line drawn parallel thereto.
The required yard measured between a side lot line and a
line drawn parallel thereto.
A yard situated between the building and side line of the
lot and extending from the front yard to the rear yard. The width
of a side yard shall be measured from the side lot line towards the
building.
Village of Hillburn Zoning Board of Appeals.
The Zoning Local Law of the Village of Hillburn, New York,
as may be amended from time to time. It is also referred to as the
"Zoning chapter" herein.
