Village of Nyack - Definitions

ACCESSORY BUILDING or ACCESSORY STRUCTURE Applies to a building or structure which is detached from and clearly incidental or subordinate to and customary in connection with the principal building and which is located on the same tax lot with such principal building. No residential building or dwelling shall be considered or allowed as accessory to any other residential building or dwelling. An accessory building attached to the principal building shall be considered part of the principal building. Accessory structures include garages, reviewing stands, tennis courts, platforms, gasoline pumps, standpipes, outside bins, swimming pools, pergolas, walks, fences, gate posts, signs, driveways and paved walks. The word "structure" or "building" shall be construed as though followed by the words "or part thereof."

ACCESSORY FACILITY In regards to a telecommunications facility, an accessory facility serves the principal use, is subordinate in area, extent and purpose to the principal use and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.

ADAPTIVE REUSE Adaptive reuse is the renovation, alteration, modification and/or reuse ("renovation") of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, to accommodate a new use or a use other than that for which the structure was most recently legally used, which adaptive reuse is a permitted use under the zoning regulations (Chapter 360 of the Nyack Village Code), and which renovation does not increase the footprint or the lateral envelope, or the height (so long as within the maximum height and number of floors allowed under the Village Zoning regulations), of the most recently legally used structure. Only those portions of a structure containing renovations that qualify as adaptive reuse shall benefit from the zoning regulations specific to adaptive reuse, except as may otherwise be specifically set forth in §§ 360-3.2 and 360-4.5 of this chapter.

ADULT BOOKSTORE A person, establishment or business, whether retail or wholesale, having as more than a minimal portion of its stock-in-trade recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing off premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas. For purposes of this definition, "minimal portion" means 10% of gross sales or receipts for any calendar year. No viewing of such electronic media shall be permitted on premises.

ADULT ENTERTAINMENT CABARET A nightclub, bar, restaurant or similar public or private establishment which presents topless dancers, strippers or exotic dancers or other similar entertainments.

ADULT ENTERTAINMENT USES Any use constituting an adult bookstore, adult motion-picture theater, adult entertainment cabaret, adult motel or peep show, as those terms are defined herein

ADULT MOTEL A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television, transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexual activities or sexual anatomical areas

ADULT MOTION-PICTURE THEATER An enclosed or unenclosed building, structure or portion thereof, including video booths, cubicles, rooms or stalls, used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.

ADULT-USE ON-SITE CONSUMPTION The consumption of cannabis in an area licensed by the New York State Cannabis Control Board. An on-site consumption license issued by New York State authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on-site consumption location.

ADULT-USE RETAIL DISPENSARY "Retailer" means any person who sells at retail any cannabis product to cannabis consumers 21 years or older. A retail dispensary license issued by New York State authorizes the acquisition, possession, sale and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to cannabis consumers.

AFFORDABLE/WORKFORCE HOUSING LAW The Village's Affordable/Workforce Housing Law while not made a part of this Zoning Chapter is incorporated by reference to this Zoning Chapter. The Village Board resolves that it is in the public interest to encourage and require all sectors, public and private, to participate in the development and retention of such affordable/workforce housing, and to that end, resolve to require that a certain portion of multifamily housing developments be set aside for low- and moderate-income households. See Chapter X.

ALTER or ALTERATION As applied to a building, to change or rearrange the walls, roof, ceiling, floors, supporting beams, columns or other structural parts, the interior plan or layout, the exterior architectural features or the exit facilities of a building, or the moving of a building from one location to another.

ANIMAL HOSPITAL or KENNEL Commercial services related to the temporary care, boarding or medical treatment of animals.

ANTENNA A system of electrical conductors that transmits or receives radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.

APPLICANT A property owner or agent of a property owner who has filed an application for a land development activity.

ARCHITECTURAL REVIEW BOARD or ARB The Architectural Review Board of the Village of Nyack.

AREA OF VISUAL IMPACT The area of visual impact is the geographic area where a development activity may directly or indirectly cause visual changes in the character of the adjacent properties and neighboring areas. The extent of the area of visual impact is influenced by the scale and nature of the development activity.

ARTS/CRAFTS STUDIO The manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products from finished goods, not including food products, where the products are to be sold at retail, exclusively on the premises.

AWNING A roof-like covering of canvas, metal or duck, attached to a metal frame no less than seven feet above the sidewalk and attached to or supported entirely from a building.

BANNER A piece of cloth or plastic or other flexible material mounted over sidewalks and a street, and attached to the sides of buildings and/or utility poles, bearing an advertisement, announcement, greeting or slogan. Banners are regulated by Chapter 299, Streets and Sidewalks, § 299-2 and require a permit from the Board of Trustees.

BAR or TAVERN A place of business duly licensed for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, whether or not food service is also provided. For the purposes of this chapter, a "bar" shall also be deemed a "restaurant" only if food is prepared, served and consumed on the premises.

BASEMENT That portion of a building that is partly below grade. A basement shall be considered as a story for purposes of height measurement where the finished floor above the basement is:

A. More than six feet above the grade plane;

B. More than six feet above the finished ground level for 50% or more of the total building perimeter; or

C. More than 12 feet above the finished ground level at any point.

BED-AND-BREAKFAST A private dwelling used to provide lodging accommodations and a morning meal to visitors for compensation, provided that the owner lives on the premises and not more than six rooms are so used.

BILLBOARD A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.

BREW PUB A restaurant containing a microbrewing facility for the brewing and storage of beer only, primarily for consumption on premises. Such brewing facilities shall be accessory to a restaurant.

BUFFER AREA Area(s) on a lot usually within required yard areas, used to screen development or uses from adjoining properties, composed of undisturbed or landscaped areas. The following types of uses shall not be allowed in a buffer area: buildings or aboveground structures; vehicle overhangs, driveways and loading areas; signs or lighting fixtures; solid waste receptacles; and other structures or uses prohibited by the Planning Board.

BUILDING AREA The maximum horizontal area of a building measured in one plane.

BUILDING COVERAGE That percentage of lot area covered by the building area.

BUILDING INSPECTOR The Village official, sometimes referred to as the "Code Enforcement Official," designated by the Board of Trustees to administer the Village Zoning Chapter and other Village regulations.

BUILDING or STRUCTURE A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof or anything constructed or erected on or in the ground or attached to something having a location in or on the ground. The term "building" shall include the term "structure" and shall be construed as though followed by the words "or part thereof."

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption.

BULK The size and shape of buildings and nonbuilding uses, and the physical relationship of the exterior walls or their location to lot lines and other buildings or other walls of the same building, and all open spaces required in connection with a building. Bulk regulations include regulations dealing with floor area ratio, lot area, lot area per dwelling unit, lot frontage, lot width, height, required yards, usable open space, spacing between buildings on a single lot and length of buildings in a row.

BULLETIN BOARD An announcement sign of a civic, educational or religious institution which is specifically designed for the use of temporary replaceable copy.

BUS AND TRAIN STATION A facility providing services for passengers related to boarding and alighting from buses and trains. Not included is a station serving passengers arriving by automobiles that require daily or long-term parking or a station used for freight.

BUSINESS Any person, firm, association, partnership, corporation or other entity for profit.

CELLAR That portion of a building that is partly or entirely below grade and having less than three feet of its floor-to-ceiling height above grade. A cellar is not considered a story for the purpose of height and setback regulations. A cellar is exempt in the calculation of floor area ratio in single- and two-family dwellings in SFR-1, SFR-2 and TFR residential zones unless the structural headroom is 7 1/2 feet or more.

CLEARING An activity that removes the vegetative surface cover.

CLUSTER DEVELOPMENT A subdivision plat or plats, approved pursuant to § 7-738 of the Village Law of the State of New York in which the applicable zoning local law 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

COMMERCIAL RECREATION A commercial facility used primarily for physical exercise, recreation or culture. This use is divided into two subgroups based on indoor or outdoor operations.

A. INDOOR.
Indoor uses in this category may require larger indoor areas to accommodate equipment or facilities for the proposed activity. Examples include: Physical fitness centers; health clubs; gyms; bowling alleys; indoor skating rinks; billiard halls; amusement arcades; and indoor play parks.

B. OUTDOOR
Outdoor uses in this category are typically land-intensive uses that provide continuous recreation or entertainment-oriented activities. They may take place in a number of structures that are arranged together in an outdoor setting. Examples include: Commercial tennis and swimming facilities; drive-in theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf facilities; commercial amphitheaters; privately-owned active sports facilities such as ball fields.

CROWN THINNING The selective pruning of branches throughout the canopy of a tree to reduce wind resistance, which pruning may be considered as necessary forestry practice for purposes of exemption from this chapter.

CURB LEVEL The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.

DAY-CARE CENTER, ADULT A nonresidential facility in which daytime care, supervision, monitoring, personal care, nutrition and socialization are provided for adults and impaired individuals. An adult day-care center must comply with the standards and applicable regulations of the New York State Office for the Aging or its successor.

DAY-CARE CENTER, CHILD, or NURSERY SCHOOL An establishment, also known as a "child-care center," providing for the care, supervision and protection of children.

DECISIONMAKING BODIES Those boards, commissions or agents of the Village authorized to hear, review and approve development applications, including the Board of Trustees, Planning Board, Zoning Board of Appeals, Architectural Review Board and the Building Inspector.

DECK A roofless, floored platform, typically with a railing, that adjoins or is attached to a structure.

DEMOLITION Any wrecking activity directed to the disassembling, dismantling, dismembering and/or razing of any structure or part thereof. Demolition regulation does not apply to temporary structures not intended to be permanent, i.e., tents, sukkahs, construction trailers.

DEMOLITION PERMIT A written permit, on a form approved by the Building Inspector, authorizing demolition. No demolition permit shall be issued until the applicant gains the required approvals of all required land use boards, unless a property owner is directed to demolish or make safe a structure under the provisions of Village of Nyack Code Chapter 140, Building Construction, § 140-24, or Chapter 263, Property Maintenance, § 263-13.

DEVELOPER A person who undertakes land development activities.

DRIPLINE A line on the ground surrounding the trunk of a tree that conforms to the widest extent of the tree's canopy.

DRIVE-IN OR DRIVE-THRU FACILITY Any service window, automated device or other facility that provides goods or services to individuals waiting in a motor vehicle.

DWELLING or DWELLING UNIT A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic employees employed on the premises and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with another "dwelling unit." A boarding or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit."

DWELLING, MIXED-USE A dwelling unit located above the street level of a building with nonresidential uses located on the street level or dwelling unit located behind the front commercial use.

DWELLING, MULTIFAMILY A residential building that contains four or more dwelling units that share common walls or common floors/ceilings with one or more dwelling units. The land upon which the building sits is not divided into separate lots.

DWELLING, SINGLE-FAMILY ATTACHED Three or more side-by-side attached dwelling units sharing one or more common walls with each dwelling unit located on a separate lot.

DWELLING, SINGLE-FAMILY DETACHED A building containing one dwelling unit not physically attached to any other principal structure.

DWELLING, THREE-FAMILY A building containing three individual dwelling units located on a single lot. The units must be located side-by-side with a common wall or one above the other with a common floor/ceiling.

DWELLING, TWO-FAMILY A building containing two individual dwelling units located on a single lot. The units must be located side-by-side with a common wall or one above the other with a common floor/ceiling.

EASEMENT Authorization, which runs with the land, by a property owner for the use by another of any designated part of his property for a specified purpose.

EFFICIENCY UNIT A dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.

ENGINEER or LICENSED PROFESSIONAL ENGINEER A person licensed as a professional engineer by the State of New York.

EROSION CONTROL MANUAL The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control Manual," commonly known as the "Blue Book."

FAMILY One or more individual persons occupying a dwelling unit as a single nonprofit housekeeping unit.

FAST-FOOD ESTABLISHMENT A drive-in establishment whose principal business is the sale of pre-prepared or rapidly prepared food, frozen desserts or beverages directly to the customer in a ready-to-consume state from a counter or drive-thru window for consumption either within the restaurant building, in vehicles on the premises or off the premises. A fast-food establishment shall not be considered a "restaurant" or a "take-out restaurant."

FINAL DECISIONMAKING AUTHORITY The decisionmaking body responsible for the final decision on a development application, short of an appeal authorized by this chapter or law.

FLOOR AREA The sum of gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two attached buildings. The following are excluded from FAR calculation:

A. Any attic space with a floor-to-ceiling height of less than seven feet.

B. Cellar and basement areas as defined in the Village Code, including and storage areas with the exception of habitable space.

C. Any areas or structures devoted to accessory off-street parking or loading.

D. Mechanical and utility rooms such as trash rooms, electrical rooms, boiler rooms, emergency generator rooms and similar spaces for the operation of the building, but in-dwelling unit mechanical spaces are not excluded.

E. Unenclosed porches, terraces and balconies.

F. Elevator and stair rooftop bulkheads.

FLOOR AREA RATIO The total floor area of all buildings or structures, whether finished or unfinished on a lot divided by the net lot area of said lot. The "net area" of a lot shall mean the area of a lot after deduction for any portion of the lot containing steep slopes as in § 360-4.40, lands underwater, and floodplains or wetlands as defined by the New York State Department of Environmental Conservation.

FRONT FACADE The wall or walls of a building facing the street line.

FRONTAGE The side of a lot abutting a street; the street line. On lots with multiple street fronts, the frontage shall include the length of the lot abutting all such streets.

GARAGE, PRIVATE An accessory building or a portion of a principal building, used only for the storage of motor vehicles owned or used by the occupant of the principal building to which the garage is an accessory. Any garage that is attached to a principal building, including attachment by means of a breezeway or a roofed passageway, shall be considered an "attached" garage and shall be considered part of the principal building. Any garage not so connected shall be considered a "detached" garage, and is considered to be an accessory building.

GLARE The effect by reflections of light with intensity enough as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

GOVERNMENTAL USE A facility owned or operated by the Village or other government entity and not subject to the standards of this chapter, including but not limited to: water supply reservations; parks and open space; playgrounds; libraries; firehouses; police stations; and public parking areas.

GRADE The elevation of completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

GRADE PLANE A reference plane representing the average of preconstruction ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, this reference plane shall be established by the lowest point within the area between the building and the lot line or, when the lot line is more than six feet from the building, between the building and a point six feet from the building.

GRADE, EXISTING The elevation of the ground surface before any change to it from filling, excavating, construction, or any similar activity.

GRADING Excavation or fill of material, including the resulting conditions thereof.

GREEN INFRASTRUCTURE Green infrastructure (GI) is a term used to describe both a planning approach and a set of best management practices for stormwater management that infiltrate or otherwise reuse stormwater. Instead of conventional, engineered collection, conveyance and storage structures, GI techniques use soils and vegetation to manage stormwater. Common green infrastructure approaches include green roofs, trees, rain gardens, bioretention areas, vegetated swales, pocket wetlands, infiltration planters, and vegetated median strips as examples. The provision of rain gardens and/or water harvesting techniques shall be designed in accordance with the NYS Stormwater Management Design Manual and review and approved by the Village Engineer.

GREEN ROOFS The roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems. There are two types of green roofs: intensive roofs, which are thicker and can support a wider variety of plants but are heavier and require more maintenance, and extensive roofs or eco-roofs, which are covered in a light layer of vegetation and are lighter than an intensive green roof. For the purposes of this chapter, an extensive roof is the minimum standard required.

GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity for onsite or off- site consumption.

GROUP HOME A noninstitutional home set up in theory, size, appearance and structure to bear the general character of a family unit in a relatively permanent household headed by a householder or householders which is operated or sponsored by or subject to the approval of a public social service agency or private nonprofit child caring agency, authorized by the New York State Department of Social Services.

HEIGHT
The vertical distance measured, in the case of flat roofs, from the grade plane to the highest point of the roof beams adjacent to the wall closest to the street, and, in the case of pitched roofs, from the grade plane to the average height of the gable. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the grade plane to the highest point of the building.

HIGHLY ERODIBLE SOILS A highly erodible soil, or soil map unit, has a maximum potential for erosion that equals, or exceeds, eight times the tolerable erosion rate. The maximum potential erosion rate is determined using the formula: RKLS/R (where R = the rainfall factor, K = erodibility value of the soil, and LS = the slope factor). If RKLS/T > 8, then the soil meets the criteria for a highly erodible soil.

HISTORIC DISTRICT A geographic area with distinctly definable boundaries composed of several buildings or sites which has acquired a unity of character through the interrelationships of component buildings and sites, and has been designated as having historical, archeological, cultural, scenic, architectural or other significance as set forth in § 360-5.12.

HOME OCCUPATION An accessory use of a dwelling unit for commercial purposes that does not alter the exterior of the property or affect the residential character of the neighborhood. Such occupation must be incidental to the residential use of the premises and carried on in the principal building by a resident thereon with not more than one nonresident assistant. Only customary household appliances and equipment shall be used in such occupation. Such occupation shall be carried on in an area not exceeding 30% of the area of the dwelling unit so used. No display of goods or sign shall be visible from the street, except as set forth in § 360-4.11.

HOSPITAL, CLINIC OR RELATED HEALTH CARE FACILITY An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, that is licensed by state law to provide such services. Hospitals may include inpatient medical or surgical care for the sick or injured and related facilities such as laboratories, outpatient departments, training facilities, central services facilities, freestanding outpatient facilities and staff offices that are an integral part of the facilities. Cafeterias, restaurants, florists, gift shops, pharmacies and other typical and subordinate uses may be permitted subject to the standards for accessory uses.

HOTEL or MOTEL A facility offering lodging accommodations with more than 10 rooms to the general public. Such uses may include typical accessory uses, including restaurants, retail sales and services and meeting/conference facilities.

IMPERVIOUS SURFACE A surface that has been compacted or covered with a layer of material so it is highly resistant to infiltration or percolation of water. This includes, but is not limited to, roofs, asphalt, concrete, stone drives, sidewalks and patios. Pavers, gravel, and highly compacted soil and other semi-permeable surfaces shall be considered impermeable to the extent that they materially alter the surface water runoff characteristics of the site. Increases in stormwater runoff from these surfaces shall be calculated using the appropriate runoff curve numbers. Decks constructed above the ground surface that allow one-hundred-percent pass-through of stormwater to the ground surface below decks shall be considered to be permeable.

INN A facility offering lodging accommodations with no more than 10 guest rooms. Meals may be served to customers currently residing at the inn and their guests, only.

INTERIOR SIGNS Any sign of any material painted on or placed or hung within 24 inches from the inside window glass or door glass of any building, including any neon, LCD, electronic and similar signs and light borders.

LAND DEVELOPMENT ACTIVITY FOR STORMWATER POLLUTION PREVENTION PLAN Land development activities, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 1/4 acre or 10,000 square feet, which ever is less, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDMARK A building, structure, site or object which has special character or special historical and aesthetic interest as part of the development, heritage or cultural characteristics of the Village, state or nation and which has been designated as a landmark as set forth in § 360-5.12.

LIVE/WORK SPACE A building or spaces within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

LOT Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

LOT LINE Any boundary of a lot other than a street line.

LOT LINE, REAR The lot line generally opposite to the street line.

LOT WIDTH The average horizontal distance between side lot lines measured along two lines parallel to a line connecting the end points of the front lot line, and drawn through those two points of the principal building closest to and farthest from the street.

LOT, AREA The total horizontal area included within property lines of a lot, exclusive of land within the public way.

LOT, CORNER A lot 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°.

LOT, DEPTH Any boundary of a lot other than a street line.

MAINTENANCE EASEMENT A legally recorded document that acts as a property deed restriction. It can provide for long-term maintenance of stormwater management practices.

MANUFACTURING AND PRODUCTION USES Facilities used in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins or liquors. Also known as "industrial uses." Uses are divided into two subgroups based on the potential for noxious impacts, amount of outdoor storage and operations, and the demand for heavy truck traffic.

A. HEAVY
Facilities within and outside that generate outside of the property of noise, odor, vibration or dust, or any use where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication or processing exceeds 25% of the floor area of buildings on the lot. Examples may include, but are not limited to: manufacture or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items; the processing of food and related products; and lumber, pulp and paper mills. Specifically prohibited are rendering, petroleum refining, asphalt/concrete plants and manufacture of chemicals, fertilizers, paint and turpentine.

B. LIGHT
Facilities for the transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, odor, vibration or fumes. Examples may include, but are not limited to: production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; and manufacturing of jewelry, clothing, trimming decorations and any similar item.

MASTER PLAN or COMPREHENSIVE PLAN A Comprehensive Plan, prepared by the Planning Board pursuant to § 7-722 of the Village Law of the State of New York, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the Village, and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.

MECHANICAL AMUSEMENT DEVICE Any table, board, machine, device or apparatus fitted for use by the public, the operation of which is permitted, controlled, allowed or made possible by means of a lever, switch, electric current or by the deposit or insertion of any coin, plate, disc, slug or key into any slot, crevice or opening, or by the payment of any fee or fees, and which operates, or which may be operated for use as a game, contest or amusement or which may be used for any such game, contest or amusement, but which table, board, machine, device or apparatus does not contain a payoff device and which does not return or vend any article or merchandise or any money, coin, check or token. This does not include picture taking and laminating machines, merchandise vending machines, electronic weight or reading machines or jukeboxes and other machines used solely for reproduction of music or sound.

MICROBREWERY A brewing establishment which brews fewer than 15,000 barrels or fewer than 30,000 kegs per year.

NATIVE PERENNIAL VEGETATION Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

NONCONFORMING BUILDING OR STRUCTURE A building or structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING LOT A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONPOINT SOURCE POLLUTION Pollution from any source other than from any discernible, confined and discrete conveyances, and shall include but not be limited to pollutants from agricultural, construction, subsurface disposal and urban runoff sources.

OFFICE, GENERAL Professional offices; financial services, such as mortgage lenders, brokerage houses, administrative and back office banking facilities; real estate agents; data processing; government offices; public utility offices; social service agency offices; television and radio studios.

OFFICE, MEDICAL AND DENTAL A type of office use distinguished by a higher than typical number of customer visits. Examples include medical and dental clinics; chiropractic clinics; medical and dental labs; blood-collection facilities; physical therapy clinics.

OFFICE/STUDIO, PROFESSIONAL IN RESIDENTIAL BUILDING The office of a member of a "professional" occupation listed in Title VII of the Education Law of the State of New York, Article 1 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York, excluding dentist, physician, veterinarian and other medical professionals. The owner of the dwelling unit must reside therein and maintain his/her professional studio/office therein with not more than one nonresident assistant. Only customary household appliances and equipment shall be used. Such occupation shall be carried on in an area not exceeding 50% of the area of one floor of the dwelling unit so used. No display of goods or sign shall be visible from the street, except as set forth in § 360-4.11.

OFFICIAL MAP The Official Zoning Map of the Village of Nyack, showing streets, highways and parks, both existing and proposed.

OUTDOOR DINING Food or beverage service areas outside of a fully enclosed structure as an accessory use to a permitted restaurant or bar or cocktail lounge use and which is located on the same lot as the principal use.

OUTDOOR VENDING An outdoor area, located on a sidewalk, that provides dry goods for sale to the public as part of an established indoor retail business. It is unenclosed by fixed walls and open to the air, except that it may have a retractable awning, umbrella or other nonpermanent cover.

OVERLAY ZONE A zoning district which supersedes less restrictive regulations of a base zoning district.

PARKING USES, NONACCESSORY Parking facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as nonaccessory parking. Uses are divided into two subgroups based on provision of parking in surface lots or in structures (above or below ground.)

PATIO An uncovered outdoor space adjoining a structure that is substantially at ground level and that is surfaced with stone, flagstone, brick, asphalt or other similar pervious or impervious paving material.

PERMITTING AUTHORITY The Cannabis Control Board (CCB) and the Office of Cannabis Management (OCM) established pursuant to the Marihuana Regulation and Taxation Act (MRTA) § 72 for regulatory jurisdiction over adult-use cannabis.

PERSON Any individual, partnership, club, association, corporation, society or any other organized group of persons and shall include the officers, directors, stockholders and trustees of a club, corporation, association or society.

PERSONAL SERVICES Establishments engaged in providing retail services such as banking establishments, laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, photocopy services, quick printing services, blueprint services, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes and crematoriums.

PERVIOUS SURFACE Ground covering or improvement that allows rainfall, snowmelt and water to infiltrate and seep in, as opposed to a surface that water cannot infiltrate so it runs off (which is impervious).

PLANNING BOARD The Planning Board of the Village of Nyack.

POLLUTANT A human-induced condition or contaminant which, in some quantities, may be injurious to human, plant or animal life or to property.

POLLUTANT OF CONCERN, STORMWATER Sediment or water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PORCH, ENCLOSED A structure attached to a building with roof, and structural supports, and permanently, seasonally or temporarily enclosed glass, lexan, siding, panels, windows or other solid materials. Screens, curtains or latticework made of wire mesh, cloth, paper, strips or wood or metal, or other similar materials shall not be considered "solid" for the purpose of this definition. A porch does not need to be heated or insulated to be considered enclosed.

PORCH, FRONT A structure attached to a building to shelter an entrance or to provide semi-enclosed space. It is open-sided, typically with a railing, and roofed.

PRELIMINARY PLAT A drawing or drawings, clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified § 7-728, Subdivision 4(b), of the Village Law of the State of New York, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision

PRINTING AND PUBLISHING The art, process or business of producing printed material by means of inked type and a printing press or by similar means.

PROJECT Land development activity.

PUBLIC LIBRARY A nonprofit library maintained for public use, generally funded from public sources.

RAILROAD AND UTILITY RIGHTS-OF-WAY AND STRUCTURES Public or private buildings, structures and lands used to provide rail, infrastructure and utility services. Uses are divided into two subgroups based on potential impacts to surrounding areas, including the number of employees and/or visitors on site and the potential for noise- and odor-related impacts.

A. GENERAL
Infrastructure services that need to be located in or near the neighborhood or use where the service is provided. Examples of general utilities include water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges, and surface transportation stops such as bus stops and park-and-ride facilities.

B. INTENSIVE
Infrastructure services providing regional or community-wide service that normally entail the construction of new buildings or structures such as water towers, waste treatment plants, potable water treatment plants, solid waste facilities and electrical substations.

RECONSTRUCTION Rebuilding of a structure that includes new or replaced structure elements.

RECREATION VEHICLE A vehicle, towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary living, recreation or sporting purposes. The term "recreation vehicle" shall include, but not be limited to, travel trailer, pickup campers, camping trailer, converted trucks and buses, boat and skimobile trailers and similar vehicles.

RESEARCH AND DEVELOPMENT Laboratories and related offices devoted to research, design, experimentation and/or product testing.

RESTAURANT An establishment where food and drink are prepared, served and consumed, mostly within the principal building. A bar shall also be deemed a restaurant only if food is prepared, served and consumed on the premises. A fast-food establishment or a take-out restaurant shall not be considered a restaurant.

RESTAURANT, TAKE-OUT An establishment primarily engaged in the sale of food and beverages selected by patrons from a limited line of specialized items for consumption either on or off the premises, in a facility where the floor area available for dining is less than 1/2 the gross floor area, a major portion of the sales to the public is stand-up-type counter. The term "take-out restaurant" shall not include bakeries, delicatessens or similar types of retail establishments unless they have tables or counters where diners are seated.

RETAIL SALES AND SERVICE Establishments selling, leasing or renting consumer, home and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, videos. Also includes retail establishments that have a cottage industry component, such as bakeries, confectioneries, upholsterer, artist/artisan's studios, and similar.

RETAIL, OUTDOOR STORAGE AND DISPLAY-ORIENTED Establishments that typically include large areas of outdoor storage or display, such as lumber yards; sales of landscaping materials and nursery products; equipment rental businesses.

RETIREMENT HOME, NURSING HOME or ASSISTED LIVING FACILITY A building, whether operated for profit or not, which provides housing, meals, health care assistance and personal services to one or more adults who are not relatives of the owner or proprietor.

RIPARIAN LAND Land that is traversed or bounded by a natural waterway or adjoining tidal lands.

ROOF-MOUNTED SOLAR ENERGY SYSTEM A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or off-site consumption.

SANDWICH BOARD SIGNS An outdoor double-sided temporary sign type, generally in the shape of an isosceles triangle, with the angle at the apex being less than 60°. The dimensional measurements of such signs shall not exceed a total width of 24 inches, or a total height of 44 inches, including the supports thereof. The erection of such signs requires a variance issued by the Zoning Board of Appeals and evidence of insurance naming the Village as an additional named insured.

SCHOOL, ELEMENTARY OR SECONDARY A public or private school at the primary, elementary, junior high or high school level that provides state-mandated basic education, including such school owned or operated by a religious entity.

SCHOOL, SPECIALIZED A school primarily engaged in offering specialized trade, business or commercial courses, but not academic training. Also specialized and nondegree-granting school, such as a music school, dramatic school, dance studio, martial arts studio, language school and other short-term examination preparatory schools.

SEDIMENT CONTROL Measures that prevent eroded sediment form leaving the site.

SELF-STORAGE A facility that provides separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

SETBACK A setback is a required horizontal distance between a building and any lot line.

SEXUAL ACTIVITIES Any act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.

SIDEWALK CAFE Food or beverage service areas outside of a fully enclosed structure as an accessory use to a permitted restaurant or bar or cocktail lounge use and located on the sidewalk within a public street adjacent to the lot on which the principal use is located.

SIGN Any writing (including word, letter or numeral), pictorial representation, emblem (including symbol, logo or trademark), flag, pennant, insignia, border tubing, permanent sculptures, awning or other device of similar character which is attached to, painted on, or in any other manner represented on a building, structure or a building's window or door (inside or outside) and is used to identify, announce, direct, attract or advertise and is visible from outside the building.

SIGN AREA Includes all faces of a sign measured as follows:

A. When such sign is a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.

B.When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area shall be considered to be that of the smallest regular geometric shape which encompasses all of the letters, designs, figures or symbols.

SIGN, DIRECTIONAL A sign necessary for proper traffic flow and safety.

SIGN, FLAG An advertising sign printed on a fabric flag of non-shiny material and flown from a pole that has a maximum length of six feet and is attached to a building at a minimum height of six feet if the flag is attached to a pole mounted to a building at an angle from horizontal of 45° or greater or 10 feet if the flag is attached to a pole mounted to a building at an angle from horizontal of less than 45°, where the flag has the maximum size of 15 square feet, and is no higher on the building than 12 feet, and is not closer than three feet to the curbline. The flag sign shall not have product advertising, but can have the name and/or logo of the business or advertise that the business is "open," "closed" or "sale." Only two faces are permitted. One flag sign is permitted for each public entrance of a building, with a maximum of one flag sign per business, and shall only be displayed when the business is open. This does not apply to any official national, state or international fla

SIGN, FLAT WALL A sign attached parallel to or flat to the face of or painted on the wall of any building or structure.

SIGN, FREESTANDING A sign placed upon or supported by the ground, independent of the principal building or structure.

SIGN, MARQUEESIGN, MARQUEE A sign for a theater or public building with a means for changing text.

SIGN, PERMANENT A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

SIGN, PERMANENT INTERIOR Any sign of any material which is painted, placed or hung within 24 inches from the inside window glass or door glass of any building for more than 30 days and is visible from outside the building, including words, logos, product signs, border tubing, permanent sculptures or frames for replaceable copy and including all lighted devices such as neon, LED, electronic and light borders.

SIGN, PROJECTING WALL A sign erected perpendicular to the face or projecting outward from the wall of the building.

SIGN, TEMPORARY Interior signs of paper, cardboard and other similarly impermanent materials located within 24 inches of storefront glass windows and doors, including open, closed and sale signs, menus and lists of products and services. Other temporary signs also include contractor signs, real estate and rental signs and signs announcing the anticipated occupancy of a building as well as signs announcing campaigns, drives or events of civic, philanthropic or educational institutions.

SITE PLAN An illustrative plan that indicates proposed use and/or development of land and/or structures prepared in accordance with § 360-5.7 of this chapter.

SOLAR ACCESS Space open to the sun and clear of overhangs or shade to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR ENERGY COLLECTOR A device or combination of devices which relies upon solar radiation as an energy source and that is employed for the purpose of heating or cooling a building, the heating of water or the generation of electricity.

SOLAR ENERGY EQUIPMENT Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

SOLAR ENERGY SYSTEM The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows:

[1] Tier 1 solar energy systems include the following: roof-mounted solar energy systems, or building-integrated solar energy systems.
[2] Tier 2 solar energy systems include ground-mounted solar energy systems with a total surface area of all solar panels on the lot of up to 4,000 square feet and that generate up to 110% of the electricity consumed on the site over the previous 12 months.
[3] Tier 3 solar energy systems are systems that are not included in the list for Tier 1 and Tier 2 solar energy systems.

SPECIAL PERMIT USE A land use of property that is appropriate to a given zoning district, but which may be incompatible in some locations within the district and therefore is not permitted without a special use permit. A "special permit use," therefore, is one which is allowable only when facts and conditions specified in this chapter as those upon which the use is permitted are found to exist.

SPECIAL USE PERMIT An authorization of a particular land use that is permitted by this chapter, subject to requirements imposed by this chapter to assure that the proposed use is in harmony with and will not adversely affect the neighborhood if such requirements are met.

STORMWATER Rainwater, surface runoff, snowmelt and drainage.

STORMWATER MANAGEMENT The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT PRACTICES (SMPS) Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP) A plan for controlling stormwater runoff and pollutants from a site during and after construction ac

STORMWATER RUNOFF Flow on the surface of the ground resulting from precipitation.

STORY That portion of a building between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the floor and ceiling next above it. A basement shall be counted as a story for purposes of height measurement if the floor-to-ceiling height is more than six feet above the grade plane, more than six feet above the finished ground level for 50% or more of the total building perimeter, or more than 12 feet above finished ground level at any point.

STREET LINE The dividing line between a lot and a street.

STREET PAVEMENT The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH The width of right-of-way, measured at right angles to the center line of the street.

STREET, COLLECTOR A street which serves, or is designed to serve, as a trafficway for a neighborhood or as a feeder to a major street.

STREET, DEAD-END or CUL-DE-SAC A street, or a portion of a street, with only one vehicular traffic outlet.

STREET, MAJOR A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.

STREET, MINOR A street intended to serve primarily as an access to abutting properties.

STRUCTURAL ALTERATION Any change in the supporting members of a building.

STRUCTURE Anything which is constructed or erected which requires a location on the land or attachment to something having such location, including but not limit.

A. Signs or billboards.

B. Fences over six feet six inches in height.

C. Retaining walls.

D. Walls over two feet in height.

E. Radio and television antennas or dishes (except those installed on the roof of a building and not extending more than 12 feet above the highest level of the roof of such building).

F. Pergolas, porches, patios with impervious surface, decks, reviewing stands, tennis courts, platforms, garages, carports, swimming pools, storage sheds, outdoor bins, greenhouses.

G. Outdoor play equipment over six feet, six inches in height.

H. Wireless telecommunication facilities including towers.

I. Tents, trailers (whether movable or stationary) or other similar structures on wheels or other supports used for business or living purposes.

J. Excluded is anything requiring only simple paving or surfacing of the ground, such as parking lots, driveways, walks or sidewalks.

K. Sheds greater than 140 square feet.ed to the following:

SUBDIVISION The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways, and includes resubdivision of previously subdivided land or any other alteration of lot lines or dimensions of any lots or sites shown on a previously approved plat.

SUBDIVISION PLAT or FINAL PLAT A drawing, in final form, showing a proposed subdivision, containing all information or detail as set forth in § 7-728, Subdivision 4(d), of the Village Law of the State of New York, to be presented to the Planning Board for approval, and which, if approved, may be duly filed or recorded by the applicant in the office of the County Clerk.

SURFACE WATERS OF THE STATE OF NEW YORK Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

TELECOMMUNICATIONS FACILITY Any and all structures utilized for the transmission and reception of wireless communication signals of any kind, inclusive of an accessory facility, antenna(s) and a telecommunications tower or equipment.

A. CO-LOCATED
Any wireless telecommunication services facility located upon an existing freestanding tower or attached to a building, including directional antennas (such as panels, microwave dishes, satellite earth station antennas over two meters in diameter) and omni-directional antennas (such as whips). This term does not include antennas two meters or less in diameter.

B. FREESTANDING
Any wireless telecommunication services facility structure that is not connected to a building and that is designed and constructed primarily for the purpose of supporting one or more antennae.

TELECOMMUNICATIONS TOWER OR EQUIPMENT Any structure or equipment on which transmitting and/or receiving antenna(s) are located.

THEATER or CINEMA A building or part of a building used to show motion pictures or for drama, dance, musical or other live performances.

TOPPING The removal of all or a portion of a tree's leafy crown, creating stubs of the large vertical leader stems, which shall be considered as removal under this chapter if performed on a significant tree.

TRAILER or HOUSE TRAILER Any vehicle mounted on wheels movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed. See Chapter 316, Trailers.

TREE, SIGNIFICANT A tree at least eight inches in diameter as measured at breast height.

USABLE OPEN SPACE An unenclosed portion of the ground area of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 20 square feet and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all said occupants.

USE Refers to any purpose for which buildings or other structures or land may be occupied.

USE, NONCONFORMING A use of a building or land, or both, which was lawfully established, but which does not conform to the use regulations for the district in which it is located in this chapter.

UTILITY STRUCTURE Electric, telephone and communication lines, poles, equipment and structures, water or gas pipes, mains, valves or structures or sewer pipes, valves or structures maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by any arm or creature of the local, state or federal government or by any privately owned public utility corporation. Such facilities include but are not limited to pumping and pressure control stations, telephone equipment huts, pad mounted transformers, stand pipes, tanks and electricity regulating substations. Not included are microwave, radio, television and other telecommunication towers.

VARIANCE, AREA The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable regulations of this chapter.

VARIANCE, USE The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable regulations of this chapter.

VEHICLE-RELATED USE Sales of motor vehicles or services related to motor vehicles. Uses are divided into two subgroups based on the intensity of the use, vehicle types sold or serviced, amount of outdoor service or storage, and the potential for noise- and odor-related externalities.

A. GENERAL
General vehicle-related uses include limited service of passenger vehicles and the sale of vehicle parts, with outdoor storage limited to 25% of the lot size and all mechanical work performed within an enclosed building. Examples include:

(1) Car washes and auto detailing;

(2) Gasoline filling stations, other than truck stops, with no on-site vehicle repair; and

(3) Retail sales of passenger vehicle parts.

B. INTENSIVE
Intensive vehicle-related uses allow for the sales and service of motor vehicles, including heavy vehicles and equipment. Outdoor storage areas for vehicles, parts or other supplies may exceed 25% of the lot size. Examples include:

(1) Vehicle repair and servicing, including the installation of vehicle parts;

(2) Vehicle sales or rental; and

(3) Vehicle storage yards, including towing and wrecker service

VIEW CORRIDOR, SIGNIFICANT The line of sight identified as to height, width and distance of an observer looking toward an object of significance to the community (e.g., ridgeline, river, historic building, etc.); the route that directs the viewer's attention.

VILLAGE BOARD The Village Board of Trustees of the Village of Nyack.

VILLAGE LAW The Village Law of the State of New York.

VILLAGE or VILLAGE OF NYACK The incorporated area in the Village of Nyack, in the County of Rockland, State of New York.

WATERFRONT FACILITIES Uses and facilities appropriate to waterfront settings, limited to:

A. Facilities for hauling, launching, mooring, dry storage and drysailing of boats. Boat storage shall not exceed 25 feet in height, excepting masts and rigging.

B. Public and private recreation facilities requiring a waterfront location, such as boat launches, fishing piers and docking and swimming facilities.

C. Maritime centers and similar facilities which utilize the waterfront for recreational, educational, cultural or scientific uses.

D. Waterfront trails, parks and scenic overlooks.

E. Retail sale of materials, supplies, parts, tools and other equipment used in connection with boats.

F. Retail sale of bait, supplies, equipment, materials and parts used in connection with fishing.

G. Facilities for the sale and/or rental of boats, new and/or used.

H. Fishing piers, including facilities for docking and transfers of catch from boat to ground transport.

I. Docking facilities for tour boats, services and similar passenger vessels.

WATER-RELATED RECREATION FACILITY A public or private recreational facility in a waterfront zoning district, including daytime mooring or docking facilities to accommodate visitors, nonmotorized watercraft rental stores and other similar uses.

WHOLESALE STORAGE, WAREHOUSING or FREIGHT MOVEMENT USE Facilities involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Examples include: Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; railroad switching yards; bus and railcar storage lots; taxi fleet parking and dispatch; fleet parking; parcel services; major postal facilities; grain terminals; and the stockpiling of sand, gravel and other aggregate materials.

WIRELESS TELECOMMUNICATION SERVICES FACILITIES Facilities for the transmission of analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes and similar structures. Supporting equipment includes cabinets, towers, electrical equipment and other accessory structures.

YARD, FRONT An unoccupied ground area fully open to the sky between the street line and a line drawn parallel thereto.

YARD, REAR An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.

YARD, SIDE An unoccupied ground area fully open to the sky between any property line drawn parallel thereto, and between the front and rear yards.

ZONING BOARD OF APPEALS The Zoning Board of Appeals of the Village of Nyack.

Village of Nyack, NY

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