A.
Unless otherwise listed below, the numbers, abbreviations,
terms and words listed herein shall have the meanings of common usage
as set forth in the latest edition of Webster's New Collegiate Dictionary.
Terms of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary.
B.
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; words used in the plural
number include the singular; the word "herein" means "in this chapter";
the word "requirements" means "this chapter"; and the words "this
chapter" shall mean "this chapter and the tables and maps included
herein as enacted or subsequently amended."
C.
The word "person" as used in this chapter shall be
defined to include, but not be limited to, an individual, a partnership,
a joint venture, a corporation, an unincorporated association, a firm
or any other form of entity, contractors, subcontractors or journeymen;
"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."
D.
The "Town" is the Town of North Salem in the County
of Westchester, State of New York; the "Town Board," "Board of Appeals,"
"Planning Board" and "Building Inspector" are respectively the Town
Board, Board of Appeals, Planning Board and Building Inspector of
the Town.
E.
"Article" as a term of reference in this chapter refers
to this chapter.
F.
"Shall" is always mandatory, except when applied to
public officials, in which event "shall" is directory. Time requirements
shall, nevertheless, be considered mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to, and customarily in connection
with, the principal building, structure or use, and which is located
on the same lot with the principal building, structure or use. Any
"accessory" building or structure attached to a principal building
or structure is deemed to be part of such principal building or structure
in applying the bulk requirements to such building or structure. No
use shall be considered "accessory" where such use requires a greater
area of a lot or larger setbacks or yards or for which greater restrictions
than for the principal use on the lot are imposed by this chapter.
A housekeeping facility provided with bathroom, kitchen and
living facilities accessory to and separate from the housekeeping
facilities of the main, single-family dwelling.
See "solar energy system, accessory."
[Added 4-25-2017 by L.L.
No. 1-2017]
Physically touching or bordering upon or sharing a common
property line or major portion thereof.
See "solar panel, adjustable."
[Added 4-25-2017 by L.L.
No. 1-2017]
See "farming operation."
[Added 7-22-2003 by L.L. No. 4-2003]
A building or facility owned by a not-for-profit corporation
organized under the Not-For-Profit Corporation Law of the State of
New York officially recognized and designated by the Town of North
Salem as volunteer providers of emergency medical services primarily
for all or a portion of the Town of North Salem (also referred to
as Emergency Medical Service or EMS, paramedic service, search and
rescue, or similar; and the primary service provided is to either
provide treatment to those in need of urgent medical care, with the
goal of satisfactorily treating the presenting conditions, or arranging
and/or providing for timely removal and transport of the patient to
the next point of definitive care).
[Added 9-23-2014 by L.L. No. 5-2014]
A facility for the care and treatment of animals. The definition
of "animal hospital” does not include animal kennels or animal
shelters.
[Amended 2-25-2020 by L.L. No. 1-2021]
Any building, structure or premises in which domestic animals,
other than horses, are kept, bred, boarded or trained; the number
of animals shall not exceed that which are permitted as a principal,
accessory or special permit use. A dog kennel is not a permitted use
in any Zoning District.
[Amended 2-25-2020 by L.L. No. 1-2021]
A device used in communications which receives and transmits
electromagnetic waves, microwave or other electronic communication
signals from or to satellites or other instruments for television,
radio, data, imagery, telephone or other forms of telecommunications.
[Added 2-24-1998 by L.L. No. 4-1998]
The measure of land in a horizontal plane, uncorrected or
adjusted for legal encumbrances, surface conditions or slope.
A place where works are produced on or off site by an artist
(an individual who practices one of the fine, design, graphic, musical,
literary, computer or performing arts; or an individual whose profession
relies on the application of the above-mentioned skills to produce
creative product, i.e., craftsperson, photographer, etc.) and displayed.
Associated temporary exhibit display (not for purposes of promoting
retail sales) outdoors with a duration of 30 days or less in a twelve-month
period may be accommodated, provided same does not conflict with driveways,
parking areas or walkways, site landscaping and buffers, and is respective
of applicable minimum yard areas.
[Added 9-23-2014 by L.L. No. 5-2014]
A residential facility that provides a combination of housing,
supervision, supportive services and personalized assistance for persons
of age 55 years or older and/or disabled persons, who do not require
continual medical or nursing care from a hospital, health-related
facility or nursing home but who, by reason of limitation associated
with age, physical or mental disabilities or other factors, may not
be able to live independently. Such a facility may provide assistance
with the needs and activities of daily living, such as meals, bathing,
dressing, grooming and medical reminders. Such facility may provide
long-term residence, nutrition, housekeeping, personal care, recreation
or social activities and supervision to persons aged 55 years or older
and/or disabled persons.
[Added 12-12-2000 by L.L. No. 4-2000; amended 2-12-2013 by L.L. No. 1-2013]
That portion of a building which is partly underground, but
which has at least 50% of its interior height, measured from floor
to ceiling, above the average finished grade of the ground adjoining
the building.
A preexisting single-family detached dwelling that makes
available a room or rooms for overnight accommodation to transient
paying guests with or without inclusion of one daily morning meal
per paying guest as part of the accommodations provided.
[Added 5-14-1996 by L.L. No. 4-1996]
Any room designed, intended, furnished or occupied for sleeping
quarters and any room other than a living room, dining room, kitchen
or bathroom or a utility room having less than 50 square feet of floor
area.
A sign which directs attention to a business, commodity,
service, entertainment or attraction conducted, sold, offered or existing
elsewhere than on the same lot where such sign is displayed or not
for the principal use of such lot.
See "stable."
A farm where animals are impregnated either directly or by
artificial insemination.
An area of specified dimension within the property line and
the required yard setback, wherein vegetation, landscaping, a wall
or fencing shall be located to provide a complete or partial visual
barrier between adjacent uses or structures. Vegetation within a required
buffer area shall consist of permanent landscaping or permanently
preserved existing vegetation or an acceptable combination thereof.
The buffer shall not be used or otherwise encroached upon by any activities
on the lot.
[Amended 6-26-2007 by L.L. No. 5-2007]
Any structure, or extension thereof or addition thereto,
having a roof supported by such things as columns, posts, piers or
walls and intended for the shelter, business, housing or enclosing
of persons, animals or property.
See "accessory."
The business of building construction and site development
construction, the storage of materials, the processing of materials
and the wholesale and accessory retail sale of natural and other materials
and certain building materials and supplies, only as set forth below.
A building contractor's business and storage yard includes the following
uses and limitations:
[Added 6-26-2007 by L.L. No. 5-2007;
amended 9-23-2008 by L.L. No. 5-2008]
Office uses accessory to the building contractor's
business and storage yard;
The inside and outside parking, storage and
maintenance of construction equipment, machinery and vehicles owned
or leased by the operator of the business;
The inside and outside storage and the wholesale
and accessory retail sale of natural and other materials and mixed
and/or separated natural and other materials and conglomerates of
such natural or other materials used for building construction and
site development purposes. As used herein:
"Natural materials" shall mean sand, gravel,
topsoil, soil, clay, rock, stone, bank run, stone dust, Item No. 4,
mulches, leaves, peat moss, dirt fill, sod and grasses; and
"Other materials" shall mean all materials listed in 6 NYCRR Part 360, Subpart 360-1, Section 360-1.15(b), Subsections (2), (3), (4), (5), (11), and (6), with the exceptions of all materials listed and/or regulated in 6 NYCRR Part 360-5.5 and 360-5.2(a)(3); and whole tires or tire chips when used for energy recovery;
The processing of natural materials shall be
allowed. As used herein "processing" shall mean separating and screening
of soils, stump and tree grinding, as well as mixing and conglomerating
of natural and other materials, provided that the same shall not involve
the use or addition of chemicals, including but not limited to any
petroleum products. Processing shall not include rock crushing, or
the manufacture of cement or ready-mix;
The inside and outdoor storage and wholesale
and accessory retail sale of the following construction materials
and supplies:
Sanitary system components and stormwater system
components, including pipes, culverts, catch basins and erosion-control
materials;
Seed, hay bales, landscape rocks, wall stone,
belgian blocks, and decorative stone; and
Stone products for use in decorative landscaping
or site development cut and prepared off site; and
The accessory storage and sale of trees, shrubs
and other plants used in landscaping on sites where construction,
site development, or landscaping work is done by the operator of the
business. The foregoing shall not authorize the uses of a landscape
nursery and garden center or a wholesale nursery.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
That part of a building, structure or nonbuilding use which
does not conform to one or more of the applicable bulk requirements
of this chapter.
A facility located entirely within an enclosed building or
portion thereof utilized for the day-to-day management, organizational,
administrative or clerical operations of an agency, licensed professional,
business, or organization, including Internet or phone sales offices.
If located as a permitted accessory use in a residential district,
the owner of said business office or professional office shall be
a permanent resident of the premises. The definition of "business
office/professional office" does not include medical or dental offices,
veterinarian offices or tradesman offices; retail sales to on-site
customers of wholesale or consumer goods; production or manufacture
operations, assembly or storage of goods; places of amusement, research
or development facilities; printing or publishing operations; building
contractor's businesses or storage yards; or exterior storage or parking
of equipment and/or commercial registered vehicles. In addition, these
specifically excluded activities may not be permitted as an accessory
use to the primary business office or professional office functions.
[Added 9-23-2014 by L.L. No. 5-2014]
A facility with multiple locations or areas of ground established
or maintained for occupancy by tents, trailers, recreational vehicles,
cabins, lean-tos, shelters or similar accommodations and/or structures
of a design and/or character suitable for transient temporary or seasonal
living quarters for recreation, social, education or vacation purposes.
[Added 9-23-2014 by L.L. No. 5-2014]
That portion of a building which is partly (or wholly) underground,
but which has less than 50% of its interior height, measured from
floor to ceiling, above the average finished grade of the ground adjoining
the building.
Official certification that a building or structure conforms
to this chapter and the New York State Uniform Fire Prevention and
Building Code and may be occupied.
Official certification that a building or structure or part
thereof conforms to the use requirements and other pertinent provisions
of this chapter and may be used in conformity with law.
Land, buildings and structures used principally as a place
whereupon or wherein persons regularly assemble for religious observance,
which facilities are maintained and controlled by a bona fide religious
body organized to sustain public worship, including accessory on-site
buildings, structures and uses, including parish hall, parish house
or rectory but not including nonreligious child or adult day-care
centers, community recreation facilities, or private primary and secondary
educational facilities.
[Added 9-23-2014 by L.L. No. 5-2014]
The mounting of antenna(s) or other telecommunication equipment
used by two or more providers, persons, firms or corporations on the
same antenna support structure, monopole or antenna tower.
[Added 2-24-1998 by L.L. No. 4-1998]
Building areas intended for the common use or enjoyment by
all residents of an assisted/assistive-living facility, such as kitchen,
dining and living room areas.
[Added 12-12-2000 by L.L. No. 4-2000]
A structure on which antennas or other telecommunications
devices are located for television, radio, data, imagery, telephone
or other forms of telecommunications.
[Added 2-24-1998 by L.L. No. 4-1998]
A site development including a structure on which antennas
or other telecommunications devices are located for television, radio,
data, imagery, telephone or other forms of telecommunications and
all related structures and improvements necessary for the operation
of said facility.
[Added 2-24-1998 by L.L. No. 4-1998]
Building areas intended for the common use or enjoyment by
all residents of an assisted/assistive-living facility, including
rooms or facilities for meetings, classes, workshops or other organized
group activities and indoor recreation areas.
[Added 12-12-2000 by L.L. No. 4-2000]
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.
A residential care facility in which nursing care and medical
services are performed under the general direction of persons licensed
to practice in the State of New York, for the accommodation of convalescent
or other persons who are in need of physical rehabilitation and hospital
care but who do require, on twenty-four-hour basis, nursing care and
related medical services. The definition of convalescent or nursing
home does not include any facilities or accommodations for patients
or inmates of a correctional institution, or for psychiatric diagnosis
or therapy, or for the treatment of alcoholism or drug addiction,
or similar condition.
[Added 12-12-2000 by L.L. No. 4-2000; amended 9-23-2014 by L.L. No. 5-2014]
See "membership club, active athletic recreation."
[Added 9-23-2014 by L.L. No. 5-2014]
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; an "inner court" does
not.
The percentage of the area of the lot covered by a building
or buildings.
The percentage of the area of a lot covered by buildings,
parking areas, driveways, accessways, accessory structures and any
impervious materials, including natural impervious area.
A space between the ceiling of one story and floor of the
next story or between the ground and the first floor, which usually
contains pipes, ducts, wiring and lighting fixtures and permits access
but is too shallow in height to allow a person to stand.
The use of full-cutoff and fully shielded light fixtures
that cast little or no light upward and which minimize glare, including
the use of targeted low levels of light thereby minimizing the total
quantity and distribution of light horizontally or reflected, as well
as the turning off of lights when not needed to minimize unnecessary
nighttime light pollution.
[Added 7-23-2013 by L.L. No. 5-2013]
A facility or location providing organized programming involving
educational instruction, recreation, arts and crafts, and other activities
for participants, generally for but not limited to preschool and school-age
participants during summer and other school vacation periods.
[Added 9-23-2014 by L.L. No. 5-2014]
A facility, which is licensed or authorized and regulated
by the State of New York Department of Social Services or other state
agency having jurisdiction, where care is provided for six or more
children or three or more adults away from their own homes for more
than three hours but less than 24 hours per day per child or adult,
in a facility other than the child's or adult's home which is operated
for such purposes. The definition of "day-care center" shall include,
without limitation, qualifying facilities that provide adult day health
care or child day care but shall not include a day camp, an after-school
program operated for the primary purpose of religious education, sports
lessons or recreation, or a facility operated by a public or private
school.
[Added 12-12-2000 by L.L. No. 4-2000; amended 9-23-2014 by L.L. No. 5-2014]
See "street line, designated."
The measure of volume or capacity of a street or parking
area occurring during the 30th highest hour for a calendar year.
Building areas and facilities intended for the provision
of support services for the residents of an assisted/assistive-living
facility, including meal, linen, laundry and housekeeping services.
[Added 12-12-2000 by L.L. No. 4-2000]
A building or part of a building containing private or semiprivate
rooms which open to a common hallway, which rooms are sleeping quarters
for students of a permitted private school, along with bathroom, dining,
cooking, laundry, lounge and recreation facilities, as required. "Dormitory"
rooms shall not contain separate cooking, dining or housekeeping facilities,
except that one dwelling unit with complete housekeeping facilities
may be provided for use of a superintendent or supervising staff for
every 50 dormitory rooms or major part thereof. No more than one communal
dining room shall be provided in any building or structure used for
dormitory purposes. Single-family and multiple residential facilities
other than that described above are not to be considered as dormitories.
Private rooms may be occupied by no more than one person, and semiprivate
rooms may be occupied by no more than two persons.
[Amended 9-23-2014 by L.L. No. 5-2014]
Any natural or artificial trench, ditch, swale or similar
depression into which surface water may flow.
See "junkyard."
A surface which is adequately covered with screenings, stone,
gravel, concrete or bituminous products or adequately treated with
oil or similar dust inhibiting substances and maintained in good condition
at all times.
A building or part thereof designated, used or occupied for
one or more dwelling units, but not including a tourist home, hotel,
motel, tourist cabin, summer colony or trailer.
[Added 9-11-2012 by L.L. No. 6-2012]
FOR-PURCHASE HOUSING UNITA for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the United States Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% AMI, adjusted for household size, and that is marketed in accordance with the December 29, 2011 Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
RENTAL HOUSING UNITA rental unit that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI, adjusted for household size, and that is marketed in accordance with the December 29, 2011 Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
A single-family dwelling unit, the purchase price or rent of which does not exceed the maximum allowable amount set forth in Article XXII of this chapter (includes only the five fee-simple owned units at Salem Chase and the seven rental units at Owensville and Odle Close, all of which existed prior to January 1, 2012).
[Added 9-11-2012 by L.L. No. 6-2012]
A building which is designed, used or occupied for residential
purposes for more than two dwelling units.
A dwelling unit with no more than one bedroom, provided with
bathroom, kitchen and living facilities attached to and separate from
the housekeeping facilities of a main, single-family dwelling.
[Added 12-12-2000 by L.L. No. 4-2000]
A dwelling unit restricted in its occupancy to persons who
are age 55 years or older and/or disabled persons and one other person
related by blood or marriage. A "disabled person" is an individual
who has a physical or mental impairment, as certified by a licensed
physician, such as the inability to walk or to coordinate one's movements
due to the effects of a disease, accident, amputation, arthritis,
spastic condition or pulmonary, cardiac or other ills rendering the
individual semi-ambulatory; confinement to a wheelchair or requiring
the continued use of braces, crutches or other artificial supports;
involving total or partial impairment of speaking, hearing or sight
causing insecurity or likelihood of exposure to danger in public places;
or due to conditions of aging and associated incoordination. The term
"disabled person" does not include current, illegal use of or addiction
to a controlled substance or alcohol.
[Added 12-12-2000 by L.L. No. 4-2000; amended 2-12-2013 by L.L. No. 1-2013]
A building designed, used or occupied for residential purposes
for one dwelling unit only.
A building or structure which comprises one dwelling unit
for one family and which is attached or connected to another dwelling
unit for one family at their common property line by means of a party
wall, the length of which represents at least 50% of the total sidewall
length of which the party wall is a part, and which is separated from
any other building or structure by open space on the side lot line
opposite the party wall and by open space on the front and rear lot
lines.
A one-family residence which is separated from other buildings
by open space.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, having no enclosed space
(other than vestibules, entrances or other hallways or porches) or
cooking or sanitary facilities in common with any other dwelling unit.
A house trailer, boarding- or rooming house, convalescent home, dormitory,
fraternity house, hotel, inn or lodging, nursing or other similar
home or other similar structure shall not be deemed to constitute
a "dwelling unit."
Living quarters for an employee who works on the property,
and which quarters contain a bathroom, bedroom and living area along
with access to cooking facilities which may be located anywhere on
the property.
[Added 5-28-1991]
Any number of individuals living together and doing their
cooking as a single housekeeping unit on the premises, as distinguished
from a group occupying a boarding room, boardinghouse, hotel or motel.
[Amended 5-28-1991]
A program registered by the New York State Department of
Social Services which is a personal and occupied family residence,
in which child day care is provided on a regular basis for more than
three hours but fewer than 24 hours per day per child for at least
two but not more than six children.
[Added 9-23-2014 by L.L. No. 5-2014]
Any operation on a parcel of land, not less than four acres, that is used for soil-dependent cultivation of agricultural crop production and/or the raising of livestock, poultry or dairy products, raising of fur-bearing animals, the keeping of horses and livery or boarding stables, as permitted under Chapter 250, Zoning. It excludes riding academies and dog kennels.
[Added 7-22-2003 by L.L. No. 4-2003]
An unroofed barrier or unroofed enclosing structure, including
retaining walls.
A minor change or adjustment to an approved site development
plan, due to field conditions, that will not substantially alter the
intent, layout or design of the approved plan.
A building or facility owned by a local Town of North Salem
Fire District or not-for-profit corporation organized under the Not-For-Profit
Corporation Law of the State of New York officially recognized and
designated by the Town of North Salem as a volunteer fire company
to provide first due response for all or a portion of the Town of
North Salem.
[Added 9-23-2014 by L.L. No. 5-2014]
See "solar panel, fixed."
[Added 4-25-2017 by L.L.
No. 1-2017]
An area of land subject to flooding during a hundred-year-frequency-storm
event.
The gross floor area of all buildings on a lot divided by
the area of the lot.
Any poultry or domesticated game bird, including but not
limited to chickens, turkeys, ducks, geese, pheasants, peacocks, quail
and grouse more than nine months old. Poultry or game birds under
nine months old shall not be counted but may not exceed the number
of fowl permitted.
[Added 5-28-1991]
The horizontal distance measured along the full length of
a street line abutting the lot.
A nonelected full-time employee of the Town of North Salem.
A full-time employee is one who works a minimum of 37 1/2 hours
per week and is employed by the Town 52 weeks annually. Elected officials
and seasonal employees are not considered as full-time employees in
this definition for the purpose of calculating eligibility for moderate-income
housing units (MIH units).
[Added 2-25-1997 by L.L. No. 1-1997]
A dwelling with less than 400 square feet located at or near
a property gate or wall used as a keeper's quarters.
See "membership club, active athletic recreation."
[Added 9-23-2014 by L.L. No. 5-2014]
An outdoor recreation use developed in accordance with the
standards of the United States Golf Association (USGA) for the play
over nine or 18 regulation, executive or par three holes of the game
of golf. A golf course may be a component of a golf or country club,
or active athletic recreation membership club as defined herein.
[Added 9-23-2014 by L.L. No. 5-2014]
A program licensed by the New York State Department of Social
Services, which is a personal occupied family residence, in which
child day care is provided on a regular basis for more than three
hours but fewer than 24 hours per day per child for at least four
children but no more than 12 children. A "group family day-care home"
may also provide day-care services to two additional children if such
additional children are of school age and such children receive services
only before or after school hours. Such homes must be operated by
a provider and have at least one assistant present during the hours
that care is provided.
[Added 9-23-2014 by L.L. No. 5-2014]
Any facility in which health-care professionals and paraprofessionals
practice for the diagnosis and treatment of patients.
[Added 12-12-2000 by L.L. No. 4-2000]
The vertical distance 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 for flat roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs of such building (or nonbuilding uses).
Any structure listed on the Department of the Interior's
National Register of Historic Structures or any structure designated
by the Town Board. Such structure shall be deemed to have particular
value because of its character, age and quality.
[Added 5-28-1991]
An accessory use of a dwelling unit for gainful employment
customarily conducted entirely within the main dwelling or an accessory
building by the residents thereof, which use is incidental and secondary
to the use of the residence for dwelling purposes, is created and
operated as a single business, does not change the character thereof,
does not have any exterior evidence of such accessory use other than
a permitted announcement sign, does not involve the parking, storage
or standing of any commercial vehicles or construction equipment or
the outdoor storage of materials and which does not involve the keeping
of an inventory of items for resale or the use of any chemical, mechanical
or electrical equipment which is not a customary household appliance
or light office equipment (which exception includes copiers and personal
computers and other equipment which in the future may be considered
light office equipment). Said "home occupation" may be located in
the principal dwelling or an accessory building but shall not occupy
more than 1/2 of the ground floor area of the dwelling or its equivalent
elsewhere in the dwelling if so used. No more than one person other
than the residents engaged in such activity may be employed in connection
with said activity. The conducting of a clinic, hospital, barbershop,
beauty parlor, bed-and-breakfast, animal hospital, boarding or breeding
kennel, convalescent home, funeral home, retail establishment of any
kind or any similar use shall not be a "home occupation." All other
uses shall be determined by the Board of Appeals.
[Amended 5-28-1991]
An accessory office of a person located within his or her
dwelling 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. Said office activity shall be incidental and secondary
to the use of the dwelling for residence purposes, shall not change
the character thereof and shall not have any evidence of such accessory
use other than a permitted announcement sign. Said activity shall
not occupy more than 1/2 of the ground floor area of the dwelling
or its equivalent elsewhere in the dwelling if so used. In said activity,
no more than two persons, including members of the family residing
on the premises, shall be employed.
See "veterinarian's office."
[Added 9-23-2014 by L.L. No. 5-2014]
A single building containing five or more sleeping accommodation
units with principal access from an interior hall, which units are
designed to be used or which are used, rented or occupied for transient
guests who are temporarily lodged with or without meals and which
is open all year round and which may contain other facilities accessory
thereto, including but not limited to pool, gym facilities, restaurant
or limited food service, and meeting rooms.
[Amended 9-23-2014 by L.L. No. 5-2014]
A person or group of people occupying a single dwelling unit,
comprising a family.
[Added 9-11-2012 by L.L. No. 6-2012[1]]
Dogs, cats and similar small animals typically kept in a
household. Specifically excluding chickens, pigs, goats, sheep, cows,
deer, horses, mules, donkeys, llamas, alpacas, livestock and other
animals typically associated with farming and animal husbandry.
[Added 9-23-2014 by L.L. No. 5-2014]
A use involving research and development, and/or the manufacture and/or assembly of a product, but not requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in contravention of the performance standards of § 250-58 or the additional supplemental standards applicable to such use as set forth in this chapter.
[Added 9-23-2014 by L.L. No. 5-2014]
An establishment engaged in providing organized physical
sports or recreational activities indoors for a fee or admission charge,
on an individual event or membership basis (excluding membership clubs
as defined herein).
[Added 9-23-2014 by L.L. No. 5-2014]
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 material or used building materials, house furnishings, machinery,
vehicles or parts thereof, with or without the dismantling, processing,
salvage or sale or other use or disposition of the same. A deposit
or the storage on a plot of one or more unregistered, wrecked or broken-down
vehicles or parts of one or more such vehicles for one week or more
in an R District or for three weeks or more in any other district
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 but excluding testing or experimentation
with live animals, 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.
[Amended 9-23-2014 by L.L. No. 5-2014]
The growing, producing, storage and sale to the public, at
retail, of nursery and greenhouse stock, garden and house plants,
trees and shrubs, whether grown on the premises or not, and the accessory
storage and sale of seeds, bulbs, packaged insecticides, fertilizers
and other soil nutrients, mulches, topsoil, stone, and similar materials
used in the care and maintenance of lawns, gardens and plants, in
bulk or in bags not to exceed 100 pounds in weight. The accessory
sale and display of lawn chairs, tables, benches and other similar
outdoor furniture and other lawn and garden-related products such
as garden ornaments, pots and pottery products and holiday and seasonal
items and decorations shall be permitted.
[Added 6-26-2007 by L.L. No. 5-2007]
A public or private institution or place in which literary,
musical, artistic, or reference materials (maintained as books, manuscripts,
recordings, films, CDs, DVDs, tapes, and other media) are kept for
public access and use but are not offered for sale. A library is created
and maintained with the intention of providing free public access
to such material, with the altruistic goal of educational enlightenment
and betterment of the public welfare. A library may include offices
for library management as well as community meeting rooms.
[Added 9-23-2014 by L.L. No. 5-2014]
A designated parcel, tract or area of land established by
plot, subdivision or as otherwise allowed by this chapter, to be used,
developed or built upon as a unit (includes those which existed on
or before the date of this chapter by proprietary lease and which
are located within the Vails Grove, Pietsch Gardens or Bloomerside
Cooperatives.)
[Amended 5-28-1991]
The total horizontal area included within the property lines of a lot, except that for any minimum lot area specified in this chapter, the area shall be adjusted as set forth in § 250-16A.
A corner at the junction of or abutting on two or more intersecting
streets where the interior angle of intersection 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°.
Any boundary of a lot other than a street line.
The lot line which abuts or runs along the designated street
line. In the case of a lot situated to the rear of another lot, its
front "lot line" shall be the rear "lot line" of the front lot for
purposes of measuring the front setback.
The lot line generally opposite the street line. If the "rear
lot line" is less than 10 feet in length or if the lot comes to a
point in the rear, the "rear lot line" shall be deemed to be a line
parallel to the front lot line not less than 10 feet long lying farthest
from the front lot line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front yard requirement.
The comprehensive plan adopted by the Planning Board for
the development of the entire unincorporated area of the Town, pursuant
to § 272-a of the Town Law, showing the desirable streets,
bridges and tunnels and the approaches thereto, viaducts, parks, public
reservations, roadways in parks, sites for public buildings and structures,
waterways and drainage systems and such other features, existing and
proposed as will provide for the improvement of the Town and its future
growth protection and development and will afford adequate facilities
for the housing, transportation, distribution, comfort, convenience,
public health, safety and general welfare of the population of the
Town.
An area of plant material covering one acre or more and consisting
of 30% or more canopy trees having a sixteen-inch or greater caliper,
or any grove consisting of eight or more trees having an eighteen-inch
or greater caliper.
See "medical office/dental office."
[Added 12-12-2000 by L.L. No. 4-2000; amended 9-23-2014 by L.L. No. 5-2014]
The office of a member and related management and clerical
staff of a recognized certified or licensed medical and/or dental
profession maintained for the conduct of that profession, and which
office is located entirely within an enclosed building or portion
thereof. A professional license issued by the State of New York or
validated membership in a state or national professional organization
may be considered in establishing the status of a person engaged in
such occupation. A medical or dental office may include but not be
limited to the office of an optometrist, physician, psychologist,
surgeon or therapist. If located as a permitted accessory use in a
residential district, the qualifying medical or dental professional
shall be a permanent resident of the premises. The definition of a
medical or dental office does not include research and development
facilities; overnight inpatient services or accommodations; or production
or manufacturing operations.
[Added 9-23-2014 by L.L. No. 5-2014]
An association of persons forming a private membership corporation,
registered under the Corporation Law of the State of New York as a
not-for-profit organization, with bona fide dues-paying members, where
the members of the facility control its assets and management. Premises
of the organization are devoted principally for use by an organization's
members and their guests for active athletic recreation purposes and
not for pecuniary gain. The definition of active athletic recreation
membership club does not include charitable, fraternal or social membership
clubs.
[Added 9-23-2014 by L.L. No. 5-2014]
An association of persons forming a voluntary private membership
corporation, registered under the Corporation Law of the State of
New York as a not-for-profit organization. Premises of the organization
are devoted principally for use by an organization's members and their
guests for charitable, fraternal or social purposes pursuant to a
common interest or activity, and are not extended to the general public.
Members shall have a financial interest in, and method of control
of, the assets and management of the club. The definition of charitable,
fraternal or social membership club does not include active athletic
recreation membership clubs; golf clubs; or country clubs.
[Added 9-23-2014 by L.L. No. 5-2014]
Any freestanding pole that serves as a communication tower,
and upon which an antenna, or antennas or other telecommunications
equipment, is or has been located.
[Added 2-24-1998 by L.L. No. 4-1998]
A building or other structure or a tract of land used for
the retail servicing of motor vehicles, including the sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories
and replacement items; washing and lubrication services; and the performance
of routine automotive maintenance and repairs. Sale of other detail
products from the premises shall not be deemed to affect the use of
the facility as a motor vehicle service station.
A not-for-profit, noncommercial establishment operated as
a repository and/or exhibit for a collection of literary, natural
or scientific curiosities, objects of interest or works of art, including
limited accessory sale of related materials contained in an area not
exceeding 5% of the gross floor area of the principal building. Associated
temporary exhibit display (not for purposes of promoting retail sales)
outdoors with a duration of 30 days or less in a twelve-month period
may be accommodated, provided same does not conflict with driveways,
parking areas or walkways, site landscaping and buffers, and is respective
of applicable minimum yard areas. Specifically excluding the regular
sale or distribution of the objects collected or exhibited.
[Added 9-23-2014 by L.L. No. 5-2014]
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure, which does
not comply with the bulk requirements of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
Any use of a building or structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendments
thereto affecting such use, which does not conform to the use requirements
of this chapter for the district in which it is located.
A private school organized for the purpose of educating a
group or groups of six or more children less than seven years of age,
under the supervision of qualified teachers, providing an adequate
program of learning activities and maintaining good standards of health
and safety, which school may or may not be registered with the New
York State Education Department, and which does not otherwise qualify
exclusively as a child day-care center.
[Amended 9-23-2014 by L.L. No. 5-2014]
See "convalescent or nursing home."
[Added 9-23-2014 by L.L. No. 5-2014]
The Official Map adopted and established by the Town Board
of that part of the Town outside of the limits of any incorporated
Village, 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 established to conserve
and protect the public health, safety and general welfare.
Includes all vested or contingent interests of any person
or his agent, representative, successor or assignee and irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her
spouse, child, parent, sibling or spouse of sibling, heir or next
of kin, agent, corporation, firm, entity, partnership or unincorporated
association.
Ownership of property by different corporations,
firms, partnerships, entities or unincorporated associations, in which
such a person is a stockholder, a partner or associate or his or her
spouse, child, parent, sibling or spouse of sibling, heir or next
of kin or owns an interest of 10% or greater in each corporation,
firm, partnership, entity or unincorporated association.
When such person or his estate, successors or assigns or any person or entity included in Subsections A and B herein may be materially or substantively affected by the relief sought before any board, body, commission or agency of the Town of North Salem, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
An accessory attached or detached structure used or intended
to be used for the lay activities of a religious organization, including
offices, meeting rooms, religious education rooms or other bona fide
ancillary religious uses, and residence dwelling used by the officials
of the principal religious use.
[Added 9-23-2014 by L.L. No. 5-2014]
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
Activities involving relatively inactive or less environmentally
intrusive use of land, such as walking, hiking, cross-country skiing,
ice skating on natural frozen waterbodies, sitting, fishing, horseback
riding; nature or ecological study; bird or nature watching; nonmotorized
boating; or similar social and leisure activities.
[Added 9-23-2014 by L.L. No. 5-2014]
An establishment primarily engaged in providing individual or group services involving personalized and/or specialized instruction or direction, including but not limited to exercise, personal fitness, art, dance, martial arts, yoga, music, tutoring or other personal or group studios providing instructional classes and lessons. The definition of a personal service business does not include membership health clubs; or barbershops and beauty parlors (hair and nail salons), shoe repair and tailor shops; or cabaret, adult entertainment uses or massage establishments as defined and regulated pursuant to Chapter 60 of the Code of the Town of North Salem.
[Added 9-23-2014 by L.L. No. 5-2014]
A semiconductor-based device that converts light directly
into electricity.
[Added 4-25-2017 by L.L.
No. 1-2017]
See "solar energy system, principal."
[Added 4-25-2017 by L.L.
No. 1-2017]
The primary or predominant use for which a lot or building
is used.
A high point of land or rock projecting into a body of water
or a prominent mass of land overlooking or projecting into a lowland.
Any person, firm, corporation or governmental agency duly
authorized to furnish to the public, under governmental regulation,
electricity, gas, water, sewage disposal and treatment, steam, cable
or communication service. This definition shall not bestow any special
status or standing not already provided by state or federal law.
[Added 9-23-2014 by L.L. No. 5-2014]
An installation used by a public utility, primarily on a
temporary and short duration basis, to muster, park, stage, and deploy
vehicles, crews, equipment and related supplies immediately prior
to and during emergency conditions. Specifically excluding the permanent
installation on site of collection, transmission and/or distribution
facilities of any public utility, except that used to facilitate the
purpose and operation of the emergency staging functions.
[Added 9-23-2014 by L.L. No. 5-2014]
Naturally maintained land owned and used on a not-for-profit
basis, not for pecuniary gain, by a corporation registered under the
Not-For-Profit Corporation Law of the State of New York as a not-for-profit
organization for the pursuit of noninstrusive passive recreation activities.
[Added 9-23-2014 by L.L. No. 5-2014]
Any establishment, however designated, at which food and
beverages are sold primarily for consumption on the premises, whether
in a building or elsewhere on the property, excluding drive-through
facilities.
[Amended 9-23-2014 by L.L. No. 5-2014]
An establishment (store or shop) engaged in selling or renting
goods or merchandise to the general public in small quantities for
personal or household consumption or business use and rendering services
incidental to the sale of such goods. The definition of a retail business
does not include motor vehicle service stations; or restaurants or
other food service (eating and/or drinking) establishments of any
type.
[Added 9-23-2014 by L.L. No. 5-2014]
See "stable."
A structure for the display and sale of farm produce or other
food grown on the site and beverage or other products of permitted
home manufacture used for the roadside display and retail sale to
the general public by the owner.
[Added 9-23-2014 by L.L. No. 5-2014]
A fabrication devised to receive television transmissions
from orbiting communication satellites.
An educational facility conducting a regularly scheduled
curriculum of study affiliated with and operated by a specific religious
institution; see also "private school."
[Added 9-23-2014 by L.L. No. 5-2014]
An educational facility conducting a regularly scheduled
curriculum of study operated by a not-for-profit or for-profit corporation
licensed by the State of New York, which is not operated by a public
agency or public school district, including but not limited to independent,
special education and nonpublic charter and magnet schools, and colleges
and universities. The definition of "private school" also includes
parochial schools.
[Added 9-23-2014 by L.L. No. 5-2014]
See "nursery school."
[Added 9-23-2014 by L.L. No. 5-2014]
A strip at least 10 feet wide, densely planted
(or having equivalent natural growth) with shrubs or trees at least
four feet high at the time of planting, of a type that will form a
yearround dense screen at least six feet high within three years;
or
Any other islands, barriers, emplacements, walls,
fences, trees, plantings, shrubbery or other artificial or natural
dividing strip or marker of any kind, wherever located on the site,
conditioned or required in any building permit, certificate of occupancy,
site development plan, subdivision approval, special permit, variance,
zone change or other requirement of any board, agency, commission
or official of the Town of North Salem, pursuant to this chapter.
Lands containing somewhat poorly drained, poorly drained
or very poorly drained soils.
Any surface or device containing a sign display, the purpose
of which is to bring the subject thereof to the attention of the public
through the communication of a visual message.
The area of a sign as measured according to the standards
in this chapter.
[Amended 4-25-2023 by L.L. No. 1-2023]
A display or legend including, but not limited to, letters,
words, logos and insignia which are used as or presented as an announcement,
direction or advertisement.
A graphic plan drawn to scale detailing the conformance of
a proposed sign with the standards and requirements applicable to
signs as set forth in this chapter.
[Amended 4-25-2023 by L.L. No. 1-2023]
Any exterior sign which contains a sign display that attempts
to solicit business through the inclusion of information which is
not pertinent to the identification of a particular establishment
and its location. Such information includes but is not limited to
hours of operation; detailed description of merchandise offered for
sale, lease or rent; sales and marketing policies; and promotional
slogans.
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.
An announcement sign may be indirectly illuminated.
A temporary sign erected on the premises on which construction
or substantial repair services are taking place, restricted solely
to the period of such activity, indicating as appropriate the names
of the architects, engineers, landscape architects, contractors or
similar artisans, and the owners, financial supporters, sponsors,
and similar individuals or firms having a role or interest with respect
to the structure or project.
[Added 4-25-2023 by L.L. No. 1-2023]
Signs limited to on-premises directional or warning messages,
principally for pedestrian or vehicular traffic, such as but not limited
to "one-way," "entrance," and "exit" as well as site and/or unit numbering
but shall not include any advertising or name of establishment.
[Added 4-25-2023 by L.L. No. 1-2023]
A sign or number of signs containing the name and type of
a business, constructed of compatible materials and design.
Any illuminated sign on which the artificial light is not
maintained stationary and constant in intensity and color at all time
when in use.
[Amended 4-25-2023 by L.L. No. 1-2023]
A non-movable sign supported by and placed upon the ground
with or without a subsurface foundation, independent of and not affixed
to a building or structure, including monuments, support poles or
other supporting measures or devices.
[Amended 4-25-2023 by L.L. No. 1-2023]
A sign used to identify the name of a permitted dwelling,
farm, home occupation or home professional office or establishment
which is either a principal or accessory use upon the lot.
[Amended 4-25-2023 by L.L. No. 1-2023]
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
[Amended 4-25-2023 by L.L. No. 1-2023]
A lighted sign whose light source is internal to its construction.
[Added 4-25-2023 by L.L.
No. 1-2023]
A sign intended to be maintained in a fixed condition and
position for an indefinite period of time.
[Added 4-25-2023 by L.L.
No. 1-2023]
A temporary sign that is not permanently affixed to a building,
structure or the ground. This shall include any sign mounted on a
vehicle in any manner parked on any premises.
[Added 4-25-2023 by L.L.
No. 1-2023]
A sign pertaining to the sale, rental lease of the premises,
or a portion of the premises, on which the sign is located.
[Added 4-25-2023 by L.L.
No. 1-2023]
A sign attached to, resting on or extending over any portion
of a roof of a structure or building.
[Added 4-25-2023 by L.L.
No. 1-2023]
A sign or advertising display of a temporary nature describing
a seasonal activity, product or service.
[Added 4-25-2023 by L.L.
No. 1-2023]
A temporary sign advertising a community, civic or not-for-profit
organization temporary occurrence or event such as a carnival, festival,
charity event, bazaar, farmers' market, arts and crafts fair
or similar.
[Added 4-25-2023 by L.L.
No. 1-2023]
A temporary sign advertising a private sale of personal property
by the owner of the premises, such as a garage sale, barn sale, yard
sale, estate sale and the like.
[Added 4-25-2023 by L.L.
No. 1-2023]
A sign which is movable, not intended to be permanently fixed
and which is displayed for a relatively short duration or periodically
moved.
[Added 4-25-2023 by L.L.
No. 1-2023]
An official sign indicating or directing the required conduct
of vehicular and pedestrian traffic movements along streets and at
intersections of streets and/or streets and private driveways.
[Added 4-25-2023 by L.L.
No. 1-2023]
A permanent sign fastened to or painted on the exterior wall
of a building or structure in such a manner that the wall becomes
the supporting structure for or forms the background surface of the
sign.
[Added 4-25-2023 by L.L.
No. 1-2023]
A permanent or temporary sign fastened, etched, attached
or otherwise fastened to or hanging within view from the exterior
of the building or structure.
[Added 4-25-2023 by L.L.
No. 1-2023]
Any number of electrically connected photovoltaic modules
providing a collective single output; i.e., multiple solar panels
combined together to create one system.
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar energy system incorporated into a building or structure
rather than existing as separate equipment mounted thereon; replacing
or substituting for traditional architectural or structural components
of the building or structure, such as a roofing system or building
facade, including but not limited to roof shingles or tiles, laminates,
glass, semi-transparent skylights and awnings, where the building-integrated
system features maintain a uniform profile or surface as the building.
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar photovoltaic cell, panel or array, or solar hot air
or water collection device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
[Added 4-25-2017 by L.L.
No. 1-2017]
Devices, components, materials, instruments and hardware
used to store the energy generated by a solar energy system and/or
to transfer said energy to an end user.
[Added 4-25-2017 by L.L.
No. 1-2017]
A system capable of collecting and converting solar radiation
into heat or mechanical or electrical energy and transferring these
forms of energy by a separate apparatus to storage or to point of
use, including, but not limited to, water heating, space heating or
cooling, and electric or mechanical energy generation.
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar energy system which generates electricity intended
primarily for on-site consumption to benefit the lawfully permitted
principal and accessory uses of the lot.
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar energy system which generates electricity primarily
or entirely for off-site use and consumption, also typically referred
to as a solar generation station or plant, solar power plant, solar
farm, or solar thermal power plant.
[Added 4-25-2017 by L.L.
No. 1-2017]
The reflection of sunlight with sufficient intensity to cause
annoyance, discomfort and/or loss in visual performance and/or visibility.
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar energy system installed upon the ground surface attached
to a pole, series of poles or other mounting system, detached from
any other building or structure.
[Added 4-25-2017 by L.L.
No. 1-2017]
The technical and practical link between a solar energy system
and the public utility service grid providing electricity to the greater
community.
[Added 4-25-2017 by L.L.
No. 1-2017]
A billing arrangement that allows solar energy customers
to obtain monetary credit for excess electricity that their solar
energy system may generate and delivers back to the electric public
utility grid so that they pay generally only for their net electricity
usage.
[Added 4-25-2017 by L.L.
No. 1-2017]
A photovoltaic device capable of collecting and converting
sunlight into usable solar energy (including electricity or heat).
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar panel that can be manually or mechanically (automatically)
adjusted to optimize its position throughout any given day and season
to maximize solar energy absorption.
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar panel installed in a static position and tilt year-round.
[Added 4-25-2017 by L.L.
No. 1-2017]
The angle of a solar panel and/or solar collector relative
to its latitude. The optimal tilt to maximize solar production is
perpendicular, or 90 degrees, to the sun's rays at true solar noon.
True solar noon is when the sun is at its highest during its daily
east-west path across the sky (this is also known as 0̊ Azimuth).
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar energy system that creates electricity from solar
energy using photovoltaic cells in rooftop or ground-installed panels
or incorporated into building materials.
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar energy system attached or affixed to a roof of a
building or structure.
[Added 4-25-2017 by L.L.
No. 1-2017]
A solar energy system that directly heats water or other
liquid using sunlight in a series of tubes or panels, also known as
a solar hot water system or solar heating system. The heated liquid
is used for such purposes as space heating and cooling, domestic hot
water, and heating pool water.
[Added 4-25-2017 by L.L.
No. 1-2017]
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
Outside land areas used for the keeping of goods, wares or
supplies ancillary to a principal use located within a building or
structure on the same lot.
[Added 9-23-2014 by L.L. No. 5-2014]
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Each 20 feet or fraction thereof of height shall be deemed a "story"
in absence of finished floors.
A street which is one of the following:
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 is unpaved, the center line of the existing
traveled way.
See "frontage."
The right-of-way of a street.
The line established by the Official Map as the street right-of-way
whether or not in public ownership.
A combination of materials constructed, assembled or erected
on, above or below the ground or attached to something having location
on, above or below the ground, including, but not limited to, buildings,
fences, tanks, towers and swimming pools.
IN-GROUND POOLAn artificial pool or structure intended for wading, bathing or swimming purposes made of concrete, masonry, metal or other impervious material and which is an accessory use to a residence and for the exclusive use of the occupants of the residence and their guests.
ABOVEGROUND POOLAn artificial pool or structure which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to the pool and which is an accessory use to a residence for the exclusive use of the occupants of the residence and their guests.
See "communication tower and facilities."
[Added 2-24-1998 by L.L. No. 4-1998]
The office of an electrician, plumber, painter, carpenter,
general contractor, heating, ventilating, air-conditioning contractors,
refrigeration contractors, roofing contractors, and other such construction
occupations, including vehicle parking, but all storage of materials,
equipment and supplies shall be contained and screened. The definition
of "tradesman office" does not include vehicle fueling facilities;
a building contractor's business or storage yard; waste/refuse haulers
or haulers of chemical, flammable or hazardous materials; a mason,
landscaper or excavator contractor.
[Added 9-23-2014 by L.L. No. 5-2014; amended 6-23-2015 by L.L. No. 2-2015]
The specific purpose for which land or a building is used
or occupied or maintained.
A use customarily incidental and subordinate to the primary
use on a lot, whether such "accessory use" is conducted in a principal
or accessory building or on the lot.
See "nonconforming use."
An establishment for the medical and/or surgical care of
animals, including facilities for their temporary housing and confinement,
and limited and ancillary sales of animal supplies, food and accessory
equipment.
[Added 9-23-2014 by L.L. No. 5-2014]
The term defined in the local law of the Town of North Salem
entitled "Freshwater Wetlands Protection Law," enacted for the protection
and control of wetlands, water bodies, watercourses and flood hazard
areas.
An establishment or other place of business engaged in selling
and/or distributing merchandise to retailers, to other wholesalers
or to industrial or professional businesses or persons acting as agents
or brokers and buying merchandise for or selling merchandise to such
businesses.
[Added 9-23-2014 by L.L. No. 5-2014]
The wholesale production, storage, transfer and sale of nursery
stock. Wholesale nursery operations do not involve retail production,
storage, transfer or sale as a retail business.
[Added 6-26-2007 by L.L. No. 5-2007]
Open and unobstructed ground area of the lot, extending inward
from a lot line the distance specified in the requirements for the
district in which the lot is located. Where a buffer is required,
the buffer shall be deemed to commence at the lot line and the "yard
requirement" shall be deemed to commence from the interior line of
the buffer.
A required yard extending along the full length of the front
lot line between the side lot lines.
A required yard situated along the rear lot line and extending
the full width of the lot to the side lines of the lot.
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 definition
of "householder."
