[Amended 7-17-1957; 1-21-1959; 11-15-1967 by Ord. No. 4-1967; 10-18-1972 by Ord. No. 2-1972; 3-5-1980 by Ord. No. 3-1980; 9-18-1985 by Ord. No. 9-1985; 11-28-1990 by Ord. No. 19-1990; 6-19-1991 by Ord. No. 13-1991; 1-20-1999 by Ord. No. 2-1999]
A.
ACCESSORY USE
AREA OF SPECIAL FLOOD HAZARD
ATTIC
AUTOMOBILE TRAILER or HOUSE CAR
BASEMENT
BUILDING
BUILDING, ACCESSORY
BUILDING HEIGHT
BUILDING, MAIN OR PRINCIPAL
COASTAL ZONE
COURT
COURT HEIGHT
COURT LENGTH
COURT, OUTER AND INNER
COURT WIDTH
DWELLING UNIT
FAMILY
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOR AREA, GROSS
FLOOR AREA RATIO (FAR)
HIGHWAY, ARTERIAL
HOTEL
LIGHT ASSEMBLY/FINISHING
LODGING HOUSE
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT WIDTH (at any point)
MOTEL
PEAKING STATION
PHYSICAL FITNESS FACILITY
PREEXISTING GRADE
RESTRICTED, MORE AND LESS
ROOM, HABITABLE
SELF-STORAGE
STORY
STORY, FIRST, GROUND OR LOWEST
STORY, HALF
STREET LINE
STRUCTURE
UPLAND
USE
USE, ACCESSORY
USE, NONCONFORMING
WATERCOURSE
WETLAND
YARD
YARD, FRONT
YARD LINE, FRONT
YARD, REAR
YARD, SIDE
Definitions. Certain words in this chapter are defined
for the purpose thereof as follows:
See "use, accessory."
The land in the floodplain within the City of Rye subject
to a one-percent or greater chance of flooding in any given year,
as shown on the Flood Boundary and Floodway Map as being within the
one-hundred-year-flood boundary.
The area between the top of the ceiling joists of any story
and the roof rafters.
[Amended 7-16-2003 by L.L. No. 6-2003]
Any vehicle used or arranged to be used for living or as
sleeping quarters, mounted on wheels and movable or propelled either
by its own power or drawn by another power vehicle. Self-propelled
vehicles used primarily for transportation, less than 18 feet long
and with not more than two axles, shall not be considered a "house
car.
A portion of a building partially underground but having
more than half of its clear height below the average elevation of
the adjoining ground. Clear height shall be measured from the finished
floor to the finished ceiling or, in the event of an unfinished basement,
from the floor to the bottom of the joists supporting the floor immediately
above. Floors partially underground that existed prior to July 3,
2003, shall be considered basements where they meet the definition
of "story, first, ground or lowest" as defined in this section.
[Added 7-16-2003 by L.L. No. 6-2003]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
The vertical distance from the average finished grade adjacent
to the perimeter of all exterior walls of the building to the highest
point of the roof, if the roof is flat or mansard, or to the average
level between the eaves and the highest point of the roof, if the
roof is of any other type.
[Amended 7-16-2003 by L.L. No. 6-2003]
A building in which is conducted the main or principal use
of the lot on which it is located.
That portion of the City of Rye delineated as the "Coastal
Zone" on the New York State Coastal Zone Area Map, and as amended.
An open, unoccupied space other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings.
The height of a court shall be measured from the level of
the windowsills of the lowest story it is required to serve.
The horizontal dimension of a court at right angles to its
width.
An "outer court" is one which extends directly to and opens
for its full width on a street or other permanent public open space
at least 20 feet wide, or on a rear yard as herein required. An "inner
court" is any other court.
The width of an outer court is that horizontal dimension
which is substantially parallel to the principal open end of such
court. The width of an inner court is its least horizontal dimension.
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for the same, and including
room or rooms for living, sleeping and eating.
A single individual living on the premises as a separate
housekeeping unit, or a collective body of one or more persons living
together on the premises as a single housekeeping unit in a domestic
relationship based on birth, marriage or other domestic bond.
The official map on which the Federal Insurance Administrator
has delineated the areas of special flood hazard and the regulatory
floodway in the City of Rye, effective April 1, 1980, and as amended.
The sum of the gross horizontal areas of the several floors of the building, excluding basements and attics, except where regulated by § 197-43.2. All horizontal dimensions shall be taken from the exterior faces of walls. See also § 197-43.2 for the computing of gross floor area for single-family residences located in one-family districts (i.e., R-1 through R-6).
[Amended 7-16-2003 by L.L. No. 6-2003]
The gross floor area of all buildings on a lot, including
accessory buildings, divided by the total lot area.
[Added 7-16-2003 by L.L. No. 6-2003]
A street in the City of Rye designated as an arterial highway
by the Superintendent of Public Works of the State of New York according
to Chapter 543 of the Laws of 1944, as amended.
A building or part thereof containing six or more rooms,
without individual kitchen facilities, occupied or to be occupied
primarily by transients for sleeping purposes for compensation, and
where there may be a general kitchen, dining room and other public
rooms for the use of all guests.
Assembly or finishing of products where all parts are manufactured
elsewhere, and no significant industrial process is performed on the
premises. All finished products shall be of such moderate size that
they, and the parts required for assembly, can be finished, assembled,
and stored indoors.
[Added 1-6-2021 by L.L.
No. 1-2021]
A building or part thereof containing more than two but less
than six rooms, without individual kitchen facilities, occupied or
to be occupied for sleeping purposes for compensation. "Lodging house"
shall include "rooming house" and "boardinghouse" but not "hotel"
or "motel."
A parcel of land in the same recorded ownership, devoted
or to be devoted to one main building or use or to an integrated group
of buildings with its accessory buildings and the required open spaces.
The horizontal area of a lot or parcel bound by property lines, not including any area in a public or private street or any watercourse or wetland (including any illegally filled-in watercourse or wetland), except as provided for in § 197-38.
[Amended 7-19-2006 by L.L. No. 8-2006]
Any lot which has an interior angle of more than 45º
and of less than 135º at the intersection of two street lot lines.
The mean horizontal dimension measured from the front or
street lot line in the general direction of the side lot lines.
The horizontal dimension at any point measured at right angles
to the lot depth.
A hotel having an outside entrance for each sleeping unit
and provided with automobile parking spaces directly accessible to
each such unit.
A system consisting of a number of semi-truck trailers or
other buildings or containers housing large quantities of natural
gas at high pressure.
[Added 8-11-2021 by L.L.
No. 9-2021]
An establishment or use where physical exercise or training
is conducted on an individual or group basis, using exercise equipment
or open floor space with or without instruction with a personal trainer
and/or in a group class, to include, but not be limited to, the following:
weight training, yoga, gymnastics, spin, aerobics, martial arts, wrestling,
boxing, etc. Support functions accessory to the principal use include
a child care area, spas, lockers, showers, health food bar, game or
party room, counter and sales desk for sports health or fitness items
associated with the facility.
[Added 7-17-2019 by L.L.
No. 4-2019]
The topographic elevation of a property that exists at the
date of the submission of an application for any City permit or any
application to any board, commission or department, whichever is earlier.
[Added 7-16-2003 by L.L. No. 6-2003]
A use district is "more restricted" if it is listed earlier in § 197-2 and "less restricted" if listed later.
A living, dining or sleeping room, a kitchen or other room
in a residential structure which is not a bath or toilet room and
not used exclusively for storage or accessory purposes.
A fully enclosed commercial and/or business establishment
providing varying sizes of individual compartmentalized and/or controlled
access to stalls or lockers for the storage of business and personal
property. Such facilities shall not include warehouse or distribution
uses.
[Added 1-6-2021 by L.L.
No. 1-2021]
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 the floor and the ceiling
next above it. A mezzanine shall be deemed a full story where it covers
more than 50% of the ground story area.
The story whose floor is not more than three feet below the
average ground level at the exterior walls of the building, such ground
level to be measured at the top of any areaways, except that any lower
story used for residence other than for a janitor or caretaker or
his family shall be deemed a ground story. A basement shall not be
considered a story.
[Amended 7-16-2003 by L.L. No. 6-2003]
A space under a gable, hip or gambrel roof, the gross floor
area of which (measured between the wall plates of at least two opposite
exterior walls extending two or more feet above the floor of such
story) does not exceed 60% of the floor area of the next floor area
immediately below.
[Amended 12-18-2013 by L.L. No. 5-2013[1]]
A line dividing the lot from a street.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
All that land or area other than wetland above the mean high-tide
line.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A use of land or a building that does not conform to the
use regulations of this chapter for the district in which it is located,
which use was in existence and lawful at the time this chapter or
amendments thereto became effective.
As per § 195-3 of the Rye City Code.
[Amended 7-19-2006 by L.L. No. 8-2006]
As per § 195-3 of the Rye City Code.
[Amended 7-19-2006 by L.L. No. 8-2006]
An open space on the same lot with a main building or group
of buildings, extending between the building or group of buildings
and the nearest lot line.
A yard extending across the full width of a lot and lying
between a front lot line of the lot and the nearest point of the building.
A line bounding the required front yard and located parallel
to the front line of a lot at a depth equal to the required minimum
front yard dimension measured perpendicular to the front lot line.
A yard extending across the full width of a lot and lying
between a rear lot line of the lot and the nearest point of the building.
A yard between a side lot line of a lot and the nearest point
of the building and extending from the front yard to the rear yard.
[1]
Editor’s Note: This local law also provided that it
shall take effect eight months upon its adoption and filing with the
Secretary of State.
B.
Use of words. Words used in the present tense include
the future; the singular number includes the plural, and the plural
the singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure."
