Cove Neck City Zoning Code
ARTICLE II
Word Usage and Definitions
§ 175-3 Word usage.
A.
All words used in the present tense include the future tense, all words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "Village" means the Incorporated Village of Cove Neck, Nassau County, New York.
B.
The term "Village Board" means the Mayor and Board of Trustees of the Village; the term "Board of Appeals" means the Zoning Board of Appeals of the Village; the term "Planning Board" means the Planning Board of the Village; the term "Building Inspector" means the Building Inspector of the Village; the term "Village Plan" means the plan adopted by the Village Planning Board pursuant to § 179-gg of the Village Law.[1] The word "shall" is mandatory and not directory.
[1]
Editor's Note: See now § 7-722 of the Village Law.
§ 175-4 Definitions.
B. ACCESSORY BUILDINGS AND USES ACCESSORY DWELLING ALTER AREA, BUILDING AREA, FLOOR BASEMENT BUILDING BUILDING, PRINCIPAL CAMP CAMP, DAY COVERAGE DECK DWELLING DWELLING, ONE-FAMILY DWELLING UNIT FAMILY FARM, FARM USE OR CUSTOMARY FARM OCCUPATION FILED MAP FRONTAGE GARAGE, PRIVATE GRADE, FINISHED HEIGHT OF BUILDING HOME OCCUPATION LOT LOT AREA LOT, CORNER LOT DEPTH LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT, THROUGH LOT WIDTH NONCONFORMING USE OFFICIAL MAP PARKING AREA PARKING SPACE PATIO SCHOOL, PRIVATE(1) (2) SIGN SIGN, ADVERTISING SIGN, ANNOUNCEMENT SIGN, OFFICIAL ROAD SIGN, REAL ESTATE SIGN, REAL ESTATE DEVELOPMENT SIGN SIZE STORY STORY, HALF STREET STRUCTURE SWIMMING POOL TERRACE USE YARD YARD, FRONT YARD, REAR YARD, SIDE
For the purpose of this chapter, certain words and terms used herein are defined as follows:
A use or building which is subordinate and accessory to the principal use or building on the same lot and which is used for purposes customarily incidental to those of the principal use or building and not used for overnight occupancy by humans, such as and including a private garage, paved area used principally as a recreational area, private swimming pool and appurtenant bathhouse, tennis house, tennis court, patio, deck, disk-type satellite antenna having a diameter over five feet, paddock, private riding ring, private stable, inflatable dome or covered structure whether permanent or seasonal, that is attached to the ground with permanent footings, and a noncommercial greenhouse, and an accessory dwelling, as defined below.
[Amended 9-11-1985 by L.L. No. 2-1985; 11-23-1999 by L.L. No. 1-1999; 7-13-2016 by L.L. No. 3-2016]
A detached accessory building legally existing prior to September 11, 1985, used as a single-family dwelling on a lot which contains a principal building.
[Added 9-11-1985 by L.L. No. 2-1985]
To change or rearrange the structural part or the exit facilities of a structure or to move a building from one location or position to another.
The total area of a lot covered by all buildings thereon, both principal and accessory, measured by the exterior dimensions of such buildings, but not including uncovered porches, steps, and terraces.
The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior face of exterior walls or from the center line of walls separating two buildings, and excluding breezeway and garage areas, and basement and attic floor areas used only for accessory uses.
That portion of a building wholly or partly underground which extends no more than four feet above the adjoining finished grade.
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
A building in which is conducted the main or principal use of the lot on which said building is situated.
Any area of land or water, including any building or structure, or group of buildings or structures, used for temporary living, camping and/or sports and recreation purposes or activities but excluding municipally owned areas and buildings or structures used by a municipality for such recreation purposes.
Any camp as defined in this chapter offering day care, instruction, recreation, play or sports for adults or children and not qualifying as a private school as herein set forth.
That percentage of the lot area covered by the combined area of all buildings or structures on the lot.
An outdoor, open, wooden platform either attached to or adjoining an accessory building or principal building, primarily used for outdoor living.
[Added 11-23-1999 by L.L. No. 1-1999]
A detached building designed or used exclusively as living quarters for one family. The term shall not be deemed to include an automobile court, motel, boardinghouse or rooming house, mobile house trailer, tourist home, or tent.
A dwelling containing one dwelling unit only.
A building or portion thereof providing complete housekeeping facilities for one family.
One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.
A farm or farm use shall be the use of a parcel of land either as a principal or accessory use for the purpose of producing agricultural, horticultural, floricultural, vegetable or fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey or wool and hides, but shall not include the breeding, raising or maintaining of fur-bearing animals, riding academies, livery stables or animal kennels. A garden, accessory to a residential use, shall not be deemed a farm or farm use. A customary farm occupation shall be the conducting of usual farm activities and shall include the processing of the products of only the farm on which such processing is conducted.
A map, survey or plot with respect to land within the Village filed in the County Clerk's office of Nassau County pursuant to law.
The extent of a building or a lot along a street.
An accessory building or part of a main building used primarily for the permitted storage of motor vehicles.
The finished grade of any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.
The vertical distance measured from original existing grade to the level of the highest point of the building or structure, excluding chimneys that have a height not more than three feet above the highest point of the roof. "Original existing grade" is defined to be the average ground elevation of land around the exterior walls of the building or structure prior to commencement of construction.
[Amended 11-8-2023 by L.L. No. 1-2023]
An accessory use of a character customarily conducted entirely within a dwelling by the residents thereof, using only customary home appliances, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a small nameplate not over two square feet in area, and which does not involve the keeping of a stock-in-trade. The conducting of a clinic, hospital, barbershop, beauty parlor, photographer salon, tea room, tourist home, real estate office, animal hospital, dancing instruction, music instruction, band instrument instruction in groups, convalescent home, funeral home, stores of any kind, or any similar use shall not be deemed to be a home occupation.
A parcel of land, not divided by streets, devoted or to be devoted to a particular use, or occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building or buildings on such land.
The total horizontal area included within lot boundaries, excluding any part of an access road which is not a driveway for single use in connection with the lot.
A lot of which at least two adjacent sides each abut for a distance of 50 feet or more on streets or public places. Any other lot is an interior lot. The owner, when first applying for a building permit, shall designate which of the two streets is to be the principal frontage for the purpose of establishing the front, rear and side yard requirements of the lot.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
The property lines bounding a lot as defined herein.
In the case of a lot abutting upon only one street, the line separating the lot from the street. In the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line.
The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
The property line or lines extending from the front lot line to the rear lot line.
A lot having frontage on two parallel or approximately parallel streets and extending from street to street. The front yard regulations shall apply on each street.
The horizontal distance between the side lot lines, measured at right angles to the lot depth.
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.
The map established by the Village Board pursuant to § 179-e of the Village Law and any amendments thereto,[2] adopted by the Village Board pursuant to § 179-h of the Village Law,[3] or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such plats pursuant to § 179-m of the Village Law.[4]
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of about 350 square feet of parking area per parking space.
An off-street space available for the parking of one motor vehicle on a transient basis and having a width of nine feet and an area of not less than 190 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street.
A paved, brick or gravel uncovered area, adjoining an accessory building or principal building, primarily used for outdoor activity.
[Added 11-23-1999 by L.L. No. 1-1999]
Includes the following: parochial or church-conducted primary and 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 and private primary schools shall furnish academic instruction as required by § 3204 of the Education Law, and all of which enumerated schools shall have curricula similar to those of public schools approved by said Board or said Department and give regular instruction to pupils five days a week (holidays in any week, customary holiday periods and temporary closings for emergencies excepted) for not less than nine consecutive months in each school year but which schools shall be conducted only during the period between September 1 and July 1 of each school 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, namely: 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.
Any device for visual communication which is used for the purpose of bringing the subject thereof (other than the location of a residence) to the attention of the public.
[Amended 9-24-2009 by L.L. No. 2-2009]
Any sign advertising the sale of goods, the performance of service, or the name or location of a proprietor. Billboards and similar signs shall be included in the term "advertising sign." Legally permitted real estate signs shall not be included in the term "advertising sign."
[Amended 9-24-2009 by L.L. No. 2-2009]
Any sign used to announce the ownership, private restriction, or the use of the lot upon which displayed for a professional office, home occupation, or religious, charitable, or other institutional use.[5]
[Amended 9-24-2009 by L.L. No. 2-2009]
Any sign erected by a Village, town, county or state agency and used to inform, control or direct traffic on a street.
[Amended 9-24-2009 by L.L. No. 2-2009]
Any sign used to advertise the sale, lease, rental, availability or location of real estate.
[Amended 9-24-2009 by L.L. No. 2-2009]
A real estate sign used to advertise the sale or lease of building lots or buildings, part of a subdivision, or other real estate development and located within the boundaries of such subdivision or development.
[Amended 9-24-2009 by L.L. No. 2-2009]
The area which results by multiplying the outside dimensions of a sign, not including the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure or building. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters or symbols.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if the ceiling is more than four feet above the level from which the height of the building is measured or if it is used for business purposes or for dwelling purposes by other than a janitor or watchman.
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
A way which is an existing state, county or Village highway or a way shown upon a subdivision plat approved by the Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk.
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The term "structure" shall be construed as if followed by the words "or part thereof."
[Amended 11-23-1999 by L.L. No. 1-1999]
Any artificial body of water or receptacle for water having a depth at any point greater than 18 inches and used or intended to be used for swimming or bathing and permanently constructed, installed or maintained in or above the ground out of doors.
An unroofed flat platform of earth with or without a surface material or retaining walls.
The specific purpose for which land, water, or a building or structure is designed, arranged, or intended or for which it is or may be occupied or maintained.
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building as defined herein to the nearest lot line.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front and rear lot line as the case may be.
[2]
Editor's Note: See now § 7-724 of the Village Law.
[3]
Editor's Note: See now § 7-724 of the Village Law.
[4]
Editor's Note: See now § 7-732 of the Village Law.
[5]
Editor's Note: The former definition of "sign, business," which immediately followed this definition, was repealed 9-24-2009 by L.L. No. 2-2009.