(a)

Word usage. Words in the present tense shall include the future; words in the singular shall include the plural number and words in the plural number shall include the singular; the word "shall" is mandatory and not discretionary; the word "person" includes a corporation as well as an individual; and the words "used" and "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied or offered for occupancy."

(b)

Terms and words defined. For the purposes of these regulations, the following terms and words shall have the meaning herein defined. Words herein defined shall have the meanings given in Webster's Unabridged Dictionary.

Accessory building. A building whose use is subordinate to or customarily incidental to an existing permitted principal building located on the same lot. The term "accessory building" shall include but not limited to: a private garage, shed, pool house, private green house, gazebo, pergola, pavilion, barn and children's play house. No accessory building shall have a kitchen and/or bathroom facilities. No accessory building shall be used for sleeping or income producing purposes.

Accessory use. The use of a building or structure which us of is subordinate to or customarily incidental to the main use of the building and the permitted use of the zoning district in which it is located.

Accessory structure. A structure that is subordinate to or customarily incidental to an existing permitted principal building located on the same lot.

Agriculture. The commercial cultivation of the soil for food products, nurseries, orchards, shrubs, plants and flowers; the breeding, raising and maintenance of livestock. "Agriculture" shall not include the maintenance of fox farms, mink farms, pig farms or other establishments of similar nature or character, nor shall the sale of garden furniture, tools, statuary, motorized equipment peat moss, fertilizer, fencing, mulch or any other matter or thing be construed as an incidental or accessory use to "agriculture," as herein defined, or any phase, division, department or aspect thereof.

Alteration. Any change, addition or modification in construction or arrangement of a building or structure, or any change in use from one to another, or removal of a building or structure from one location to another.

Arbor. See "pergola."

Athletic courts. An area of property used solely for athletic activities such as a tennis court or basketball court. Athletic courts, including any fencing erected therewith shall be considered structures.

Barn. See "shed."

Bathroom. A room in a building having a toilet.

Bed and breakfast establishment. An owner-occupied single-family dwelling wherein, as an accessory use, guest rooms and breakfast only are made available to the public for compensation for short-term accommodation of no more than fourteen (14) consecutive nights.

Building. A structure with a roof supported by columns and/or walls.

Building, accessory. See "accessory building."

Building area, buildings. The percentage of the gross area of a lot which is occupied or covered by all buildings on the lot including the main building and any accessory buildings.

Building area, structures. The percentage of gross area of a lot which is occupied by accessory structures.

Building line. The line, established by this chapter or other applicable ordinances, beyond which a building shall not extend except as may specifically be provided by these regulations.

Building, main. See "main building."

Building, nonconforming. See "nonconforming building."

Cabana. See "pool house."

Camp, day. See "day camp."

Canopy. See "pavillion."

Caretakers and watchmen. A person or persons who reside on the premises and whose primary responsibility is the security, safety and well-being of the premises.

Carpentry. The building, constructing, assembling, fabricating and finishing of designed stage sets and stage elements.

Cellar. That portion of a building the ceiling of which is less than four (4) feet six (6) inches above finished grade at any point of its periphery.

Children's playhouse. An accessory building used for play by children under the age of fifteen (15) years of age. In addition to the prohibitions contained in "accessory buildings", a play house shall not have plumbing or insulation. No playhouse shall be larger than one hundred (100) square feet.

Communal living. A communal living building is one which is used for residence purposes as a single housekeeping unit by a group of persons having a common professional, scholastic or religious purpose for residence therein.

Corner lot. See "lot, corner."

Day camp. Any area of land or water, including any building, structure or group of buildings or structures, offering day care, instruction, recreation, play or sports for adults or children and not qualifying as a "private school."

Drive-through establishments. Any establishment with window service to the public for any commercial, business, retail or other purpose, including but not limited to restaurants and/or other purveyors of food and/or beverages, dry cleaners, banks, photo labs, pharmacies and/or any other type of retail service.

Dwelling. Any building or portion thereof which is designed or used exclusively for residential purposes and permitted accessory uses therein.

Dwelling, single-family. A detached house consisting or intended to be occupied as a residence by one (1) family only, as "family."

Dwelling unit. The dwelling accommodation occupied or intended to be occupied as a residence by one (1) family only, as "family."

Faculty and staff. Individuals who engage in the business administration or teaching, performing, directing and supervising the personnel or students involved in theater classes, productions or performances.

Family. One (1) or more persons related by blood, adoption, marriage, or domestic partnership, living and cooking together as a single housekeeping unit, including household servants. A number of persons, but not exceeding three (3), living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family. In no case shall a lodging house, boardinghouse or dormitory be classified or construed as a single housekeeping unit or the occupants thereof be construed as a "family."

Farming. The noncommercial practice of agriculture, as herein defined, principally for the owner or tenant of the premises. The occasional sale of products grown or produced upon the property shall not constitute the conduct of agriculture for commercial purposes.

Floor area, habitable. See "habitable floor area."

Front lot line. See "lot line, front."

Front yard. See "yard, front."

Garage, private. A building whether attached or detached to the main dwelling, which is used to park, store or accommodate not more than three (3) automobiles, boats or other personal property of the lot owner. No garage shall be larger than nine hundred (900) square feet.

Garage, public. A building in which automotive vehicles are sold, serviced, stored or repaired and in which automotive supplies, parts or gasoline are incidentally sold, whether or not any of such uses are incidental and accessory to a different use constructed or maintained on the lot.

Gazebo. An accessory building whose use is primarily for summer time relaxation. In addition to the prohibitions contained in "accessory buildings", a gazebo shall not have insulation. No gazebo shall be larger than two hundred (200) square feet.

Greenhouse, private. An accessory building utilized for the growing of plants by the owner of the lot. No greenhouse shall be larger than three hundred (300) square feet.

Habitable floor area. An undivided and enclosed space within a dwelling, which space is designed for or used for living, sleeping or kitchen facilities. The term excludes attics, whether finished or unfinished, cellars and outside porches.

Height. The height of a building or structure, except those buildings subject to the pyramid law shall be measured from the average height of the front lot line to the highest point of the roof. Chimneys are exempt from said restriction. The height of those buildings or structures subject to the pyramid law shall be measured as set forth in the pyramid law.

Kitchen. A sink along with any appliance or combination of appliances used by itself or together with other appliances that can result in a meal.

Live theatrical performance. The actual performance of plays of a comedic, musical or drama nature. Strictly prohibited are the showing of motion picture or taped presentations.

Lot. A parcel of land, the dimensions and boundaries of which are evidenced by a deed or other instrument of conveyance or by its delineation upon a map duly filed in the office of the Clerk of the County of Suffolk, which parcel of land is at least of the minimum size that may be occupied by one (1) main building and accessory buildings, including the width and open spaces required by this chapter, and his its principal frontage on a public street or on a private street of record or has suitable access by right-of-way, easement, private street or road, suitably improved and of sufficient width to permit ingress and egress by police and fire department vehicles and to permit two (2) vehicles traveling in opposite directions to pass each other.

Lot, area of. The total horizontal area included within lot lines, excluding any part of any access road which is not a driveway for single use in connection with the lot.

Lot corner. A lot at the junction of or fronting on two (2) or more streets at their intersection. Designation of that area of the corner lot that shall be considered the front yard for purposes of this chapter shall be made by the building inspector. In making said designation, the building inspector shall consider the orientation of the main entrance way of the existing or proposed dwelling.

Lot, depth of. The mean horizontal distance between front and rear lot lines, measured in the general direction of the side lot lines.

Lot, flag. A lot having road frontage of twenty-five (25) feet or less that is used for access to the bulk of the lot which is located to the rear or behind an existing lot. That area parallel or most nearly parallel to the road that the lot abuts shall be the designated front yard. The lot line parallel to or most nearly parallel to the designated front yard lot line shall be designated the rear yard. The lot lines perpendicular to or approximately perpendicular to the designated front and rear yard lot lines shall be considered the side yards.

Lot line, front. "Front lot line" is synonymous with "front property line" and is defined to mean the property line separating the lot from the abutting street on which the house or structure on said lot faces and which gives access to the lot.

Lot, single separate ownership of. For the purpose of this chapter, a lot in single separate ownership is defined as a parcel of land not conforming to the definition of "lot," in respect of minimum size or width, the ownership of which, on the effective date of this chapter or of an amendment hereto which imposes new or enlarged area, width or other nonuse requirements, continually from such time to the time of the application for a building permit with respect thereto, is vested in a person or persons or a corporation owning no contiguous parcel of land reasonably capable of being used in connection therewith.

Lot, substandard. A lot not conforming to the minimum lot area or frontage requirements set forth in this chapter.

Lot, through. A lot having frontage on two (2) parallel or approximately parallel streets and extending from street to street. The designation of front and rear yard shall accord with the orientation of the existing principal dwelling. The designation of front and rear yards for new construction and or development on a vacant lot shall be made by the building inspector.

Lot, width of. The horizontal distance between the side lot lines.

Main building. The building designed for, occupied by, or intended to accommodate, the principal use or uses permitted on the property on which such building or use is located.

Millinery. The building, construction, assembling and fabricating of a wide range of clothing, apparel and accessories used in stage productions and performances.

Municipal governmental facility of village. A municipal governmental facility of the village means and includes such facilities, buildings, equipment and vehicles as may be owned or used by the village or any department thereof, or any other municipal corporation or special district or fire company formed and acting pursuant to a general or special law and which is used for a municipal or governmental function either through the medium of employees of the village or at the request of or under contract with the village.

Nonconforming building. A nonconforming building shall include any building or structure which, at any particular time, does not conform to the regulations of this chapter prescribing minimum yards, maximum height, frontage, minimum lot area, maximum lot coverage and minimum open space in effect at such particular time. A vested nonconforming building is a "nonconforming building," lawfully occupied for a conforming or nonconforming use on the effective date of this chapter or of a subsequent amendment of the regulations hereof prescribing minimum yards, maximum height, frontage, minimum lot area, maximum lot coverage and minimum habitable floor area.

Nonconforming use. A nonconforming use includes any use, whether of a parcel or tract of land or of a building, structure or part thereof which, at any particular time, does not conform to the use regulations of this chapter in effect at such time. A vested nonconforming use is a "nonconforming use" lawfully existing and engaged in on the effective date of this chapter or of a subsequent amendment of the use restrictions thereof.

Occupancy permit. An "occupancy permit" is synonymous with a "certificate of occupancy" and is defined as a certificate lawfully issued by an authorized administrative officer of the village certifying that the use or structure, or both, comply with all of the requirements of this chapter, or of any duly granted variance thereof or special exception permit lawfully issued, and with all requirements of any other ordinance in respect of use, facilities, equipment, materials, construction or otherwise, applicable to such use or structure at the time of issuance of such occupancy permit.

Parcel. See "lot."

Park, public. See "public park."

Parking area. An open, off-street area equal to two hundred (200) square feet per vehicle, exclusive of aisles or turnarounds, laid out in parking spaces with ingress and egress drives, aisles or turnarounds, used or required by this chapter for temporary parking of automotive vehicles, in which area no gasoline or automotive accessories are or may be sold and no business is or may be conducted.

Parking space. An off-street parking area not less than nine (9) feet wide and twenty (20) feet long, exclusive of passageways, driveways, ramps, columns available for the parking of one (1) motor vehicle and having direct access to a street.

Pavilion. An accessory building whose use is primarily for summer time relaxation. In addition to the prohibitions contained in "accessory buildings", a pavilion shall not have insulation. No pavilion shall be larger than two hundred (200) square feet. A pavilion without a roof or having a trellis type roof covering that allows the elements inside, shall be considered an accessory structure. A pavilion that is considered an accessory structure shall continue to be so even if the pavilion is attached to the principal dwelling or an accessory building. The term "pavilion" shall also include the terms "tent" and "canopy" if the tent or canopy is over one hundred (100) square feet.

Pergola. An accessory building whose use is primarily for summer time relaxation. In addition to the prohibitions contained in "accessory buildings", a pergola shall not have insulation. A pergola without a roof or having a trellis type roof covering that allows the elements inside, shall be considered an accessory structure. A pergola that is considered an accessory structure shall continue to be so even if the pergola is attached to the principal dwelling or an accessory building. The term "pergola" shall also include the term "arbor".

Plot. See "lot."

Pool house. An accessory building used as an accessory to a private pool. No pool house shall be any larger than three hundred (300) square feet. The term "pool house" shall include the term "cabana".

Private garage. See "garage, private."

Private school. Includes the following: Parochial or church-conducted primary or secondary schools, (private) nursery, kindergarten, primary and secondary schools either chartered by the Regents of the University of the State of New York or approved by and under the supervision of the New York State Department of Education or chartered by a special act of the legislature, which parochial or private primary schools shall furnish academic instruction as required by section 3204 of the Education Law. All of which enumerated schools shall have curricula similar to that of public schools of the same classification approved by said board of said department and give regular instruction to pupils five (5) days a week, holidays in any week excepted, for not less than nine (9) consecutive months in each year but which schools shall be conducted only during the period between September 1 and July 1 of each year, a period coextensive with the period during which public schools are required to be in session, and all of which secondary schools shall give Regents' examinations. The foregoing enumeration shall in no case include schools, though chartered, giving special or limited instruction, viz: trade schools, business schools or vocational schools such as, but not limited to, music schools, dramatic schools, art schools, automobile driving schools, real estate and insurance schools, radio and television schools, beauty culture and massage schools, charm schools, fashion schools, interior decorating schools, swimming schools, dancing schools, barber schools and other similar types of schools.

Private stable. See "stable, private."

Public garage. See "garage, public."

Public park. Public parks and municipally operated playgrounds and recreation areas shall include parks and recreation areas established by a subdivider or developer and appearing on an approved subdivision map, if and when operated by a nonprofit membership corporation or association under rules and regulations approved by the planning board.

Rear yard. See "yard, rear."

Restaurants. An establishment where meals or refreshments are served to customers by wait staff who take and fill orders in a dining room with tables and seating, or counters with seating.

Restaurant, fast food. Any retail establishment which offers to the public foods and/or beverages in consumable state, in any type or kind of disposable container(s) for consumption on the premises, and/or for carry-out and consumption off the premises, excluding delicatessens, pizzerias and ice cream establishments and coffee shops.

Right-of-way. A legally vested and enforceable means of ingress and egress to a lot for pedestrian and vehicular traffic, suitably improved for such purposes and at least eighteen (18) feet in width.

Satellite earth station. A dish antenna or equivalent device, the purpose of which is to receive communication or other signals from orbiting satellites, other extraterrestrial sources or earth sources intended to carry signals into the interior of a building.

School, private. See "private school."

Shed. An accessory building used for the storage of garden and landscaping supplies, the temporary storage of household garbage and the storage of personal property of the owner of the lot. No shed shall be larger than three hundred (300) square feet. No shed shall be used for the parking or storage of automobiles or boats. The term "shed" shall include the term "barn".

Side yard. See "yard, side."

Snack and beverage concession. The dispensing and sale of beverages and food items to be consumed on the premises by those attending or participating in theater productions or performances. Food items shall be limited to snack-type foods or appetizer-type foods, such as distinguished from a full-service restaurant, which is prohibited.

Special events. A live theatrical performance staged for the purpose of benefiting a charitable fund-raiser or groups comprising veteran, religious, government, youth/senior citizen or community organization, including promotional and cast parties and celebrations.

Stable, private. An accessory building used for the housing of one (1) or more horses owned or used by the owner or tenant of the dwelling to which the stable is accessory, such horses not being let for commercial livery.

Story. The space between the surface of any floor and the surface of the floor or roof next above, except that the topmost story shall be that portion of a building included between the surface of the topmost floor and the ceiling or roof above. A cellar shall not be considered as a story. A half-story is that portion of a building between the surface of a floor and the roof construction next above, where the eaves of the roof are at least midway between the floor and ceiling thereof. In a dwelling, any floor used for habitable rooms shall be considered a story or half-story, as the case may be.

Street. A way or thoroughfare, publicly or privately owned, which affords the principal means of access to abutting property.

Street line. See "lot line, front."

Structure. A combination of materials erected on, under the ground, or upon another building and/or structure. A structure shall include, but not be limited to: fences, decks, patios, arbors, pergolas, pavilions, terraces, canopies and tents larger than one hundred (100) square feet, platforms, signs, athletic courts, hot tubs, spas and swimming pools. A deck, patio, terrace or platform having an elevation of seven and one-half (7½) inches or less from the ground shall not be considered a structure.

Students. Any person or persons who are learning and studying the theater arts.

Substandard lot. See "lot, substandard."

Suitably screened. Screened to reduce from public view by shrubbery and/or fence which conform to existing zoning.

Swimming pool, family. Any body of water in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for swimming and/or wading by adults and/or children, including, but not limited to, all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant thereto designed for operational and/or maintenance purposes. For purposes of this chapter, any outdoor swimming pool shall be considered an accessory structure and shall include the following types:

(1)

Aboveground swimming pool: Any swimming pool located in or upon the ground, which at no point is more than eighteen (18) inches below grade.

(2)

In-ground swimming pool. Any swimming pool located in or upon the ground, which extends more than eighteen (18) inches below grade, or having an area of more that one hundred (100) square feet.

Tent. See "pavilion."

Through lot. See "lot, through."

Use. The purpose for which land or a building is arranged, designed or intended, or for which either is or may be occupied or maintained.

Use, accessory. See "accessory use."

Use, nonconforming. See "nonconforming use."

Vested nonconforming building. See "nonconforming building."

Vested nonconforming use. See "nonconforming use."

Village. The Incorporated Village of Bellport, New York.

Visiting guest stars. A professional actor or actress who is participating in teaching, performing or enhancing the productions or performances of theatrical activities.

Yard, front. The land lying between the front lot line and the minimum setback line prescribed by this chapter for buildings or structures in the district in which such building or structure is, or is proposed to be, erected.

Yard, rear. The land lying between the rear lot line and the rear of the principal building erected or proposed to be erected on the lot and having at least the dimensions prescribed in these regulations for the district in which such building is, or is proposed to be, erected.

Yard, side. The land lying between the side lot line and the side of a principal building erected, or proposed to be erected, on the lot and having at least the dimensions prescribed in these regulations for the district in which such building is, or is proposed to be, erected.

(Code 1975, § 90-5; L.L. No. 2-1985; L.L. No. 3-1989; L.L. No. 6-1989; L.L. No. 2-1995; L.L. No. 3-1995; L.L. No. 4-1995; L.L. No. 4-2002; L.L. No. 2-2003; L.L. No. 6-2005; L.L. No. 2-2006; L.L. No. 5-2007; L.L. No. 5-2015, § 1; L.L. 1-2019, § 2)

These regulations have been made in accordance with a comprehensive plan for the improvement of the Village of Bellport and its future growth, protection and development and with reasonable consideration, among other things, to the character of the village and its peculiar suitabilities to particular uses, its development to date, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the village. These regulations have also been made with reasonable consideration to the rural nature of the village, the nature of the terrain thereof, its topographical features, the suitability of the land therein for particular purposes, the location of the village in relation to Great South Bay, its development as a summer resort area, its relation to the character of the neighboring communities, and with regard to existing uses and structures in the Village of Bellport as well as those in such neighboring and adjacent communities and to the availability of land in the latter for higher density, commercial, business and industrial purposes. The regulations are designed to lessen congestion in the streets; to secure safety from fire, flood panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to conserve and protect the existing essential character of the village as one primarily residential and with low density of population; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements and to stabilize and conserve property values therein.

(Code 1975, § 90-1)

From and after the effective date of this chapter, every building or portion of building erected or altered and every use within a building or accessory building or of or upon the land in said Village of Bellport shall be in conformity with these regulations, except that any existing building or structure or any existing use of land or of a building or structure not in conformity with the regulations herein prescribed shall be regarded as nonconforming, but may continue, subject to the regulations herein provided in respect of such nonconforming buildings, structures or uses.

(Code 1975, § 90-4)

Editor's note— Local Law No. 1-2006, adopted Jan. 30, 2006, deleted §§ 21-4—21-6 in their entirety. Former §§ 21-4—21-6 pertained to moratorium on the demolition and significant changes to structures, docks and on the guest cottages and/or guest houses, respectively, and derived from L.L. Nos. 3-2000, 2-2001, 4-2001, 8-2001, 13-2001, 1-2002, and 3-2002.