A building, structure or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.[1]

As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, either by extending on a side or by increasing in height, or the moving 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.

An establishment primarily engaged in general repair, rebuilding, or reconditioning of engines or motor vehicles, including body work, framework, welding, and major painting service.

An establishment primarily engaged in the repair or maintenance of motor vehicles and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided it is conducted within a completely enclosed building.

A building or premises, available to the public, operated for gain and which is used or intended to be used for the washing and/or polishing of motor vehicles.

A corporation, organized under or subject to the provisions of Article III of the Banking Law, having a place of business where credits are opened by the deposit or collection of money and currency, subject to be paid or remitted upon draft, check or order, and where money is advanced, loaned on stocks, bonds, bullion, bills of exchange and promissory notes, and where the same are received for discount or sale. For purposes of this chapter, a business licensed to cash checks under or subject to the provisions of Article IX-A of the Banking Law is not a bank.

An establishment having a legal occupancy of fewer than 100 persons and primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to regulatory authority of the New York State Liquor Authority. The accessory or incidental sale of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this chapter.

That portion of a building wholly or partly underground, which extends no more than four feet above the adjoining finished grade.

The Zoning Board of Appeals of the Village.

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.

The vertical distance measured from the mean level of the existing undisturbed grade or the proposed finished grade, whichever is more restrictive, along the perimeter of the structure, to the highest point of the roof surface, provided that chimneys, vents, cupolas and other similar projections shall not be included in the height if they do not exceed the maximum permitted building height by more than three feet.

The least horizontal distance between the furthermost walls of a building.

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 or seasonal 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 building of whatever material constructed, designed or equipped to be used for living, sleeping or eating only by transient or seasonal occupants within a tourist camp.

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.

Any plot of land in a tourist camp upon which is proposed to be located any tent, tent house, camp cottage, tourist unit, house car or trailer designed or equipped to be used for living, sleeping or eating.

That space of a building which is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.

Any building or buildings, structure or structures or premises used by one or more enterprises for commercial purposes specifically permitted within the particular use district in which this term is applied, where the proposed use occupies a site of five or more acres, whether built at one time as a unit or in two or more construction stages.

Any commercially registered vehicle, including but not limited to a bus, a minibus, a box truck, a tractor-trailer combination (or either component thereof), an ambulance, an articulated bus, an automobile transporter, a boat transporter, a hazard vehicle, a livery, limousine, taxi, or other for-hire vehicle, an omnibus, a sanivan, a tow truck, a truck, a vanpool vehicle, or any other vehicle which, by reason of the attachment of exterior racks, fixtures, tool boxes, containers or other equipment, hardware or fixtures designed to accommodate tools, service equipment, construction materials or other commercial merchandise, presents the outward appearance of a vehicle which is primarily utilized in furtherance of commercial or industrial enterprise.

A building or part of a building devoted to the showing of dramatic, musical, motion-picture or comedic live performances, having 200 seats or fewer.

That percentage of the lot area covered by the combined area of all buildings or structures on the lot.

The officially established grade of the curb in front of the midpoint of the lot.

Any use which does not customarily provide off-street parking facilities and/or which serves the needs of customers who do not customarily leave their vehicles while being served. The term "drive-in establishment" shall be deemed to include but not be limited to such places of business as bank windows, restaurants, car washes and dairy stores.

A detached building, designed or used exclusively as living quarters for one or more families; 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 or dwellings used for the exhibitions or demonstration of dwellings or dwelling units for sale or rental.

A building or portion thereof designed for or occupied by three or more families living independently of each other.

A detached building designed for or occupied exclusively by one family.

A detached building designed for or occupied exclusively by two families living independently of each other.

A building or portion thereof providing complete housekeeping facilities for one family.

The erection, construction, alteration or maintenance by public utilities or municipal corporations of underground or overhead gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal corporations or for the public health or safety or general welfare.

Any number of individuals related by blood, marriage or adoption, or not more than four persons who are not so related, living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together.

The use of a parcel of land, either as a principal or accessory use, for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, 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.

Any map, survey or plat filed in the County Clerk's office of Nassau County.

A building or structure containing exercise equipment, games courts, swimming facilities, locker rooms, jacuzzis and/or saunas, which offers exercise, fitness, physical wellness, nutrition, health or sports programs to its members and guests.

The extent of a building or a lot along a street.

An accessory building and/or part of a principal building which is designed for the storage of not more than three motor vehicles, and used for the storage of motor vehicles or other personal property owned and/or used by residents living on the premises.

A building, other than a private garage, available to the public, operated for gain, and which is used or intended to be used for storage, rental, greasing, washing, servicing or adjusting of automobiles or other motor vehicles.

A building, land or premises where the business carried on is the sale of gasoline, motor fuel, oil, and accessories for motor vehicles, and may include the servicing of motor vehicles and which business includes only minor repairs and adjustments.

The elevation of the center line of a street as officially established by authorities of the Village of East Rockaway.

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.

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's salon, tearoom, 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 building or structure designed and equipped for the following indoor amusement and leisure-time activities only: arcade, game room, amusement rides, miniature golf, batting/sports cage, or laser tag. An indoor amusement center may also include any accessory uses that are customary and incidental accessory to the principal use, provided that all accessory uses shall not exceed more than 20% of the total floor area of the building or structure.

A building or structure designed and equipped for the indoor conduct and instruction of the following sports activities only: skating, bowling, racquetball, squash, basketball, tennis, swimming, skateboarding, golf, hockey, baseball, football, soccer, lacrosse or gymnastics. An indoor sports facility may also include any accessory uses that are customary and incidental accessory to the principal use, provided that all accessory uses shall not exceed more than 20% of the total floor area of the building or structure.

An establishment providing instruction for the following vocations and activities only: music, martial arts, dance, performing arts, swimming, gymnastics, creative arts, cooking, automobile driving, academic tutoring, haircutting and cosmetology.

Any manufacturing or industrial production which by the nature of the materials, equipment, and process utilized is not objectionable by reason of odor, radiation, noise, vibration, gas fumes, dust, smoke, refuse matter or water-carried waste and is free of any potentially dangerous, offensive or hazardous methods and materials.

A parcel of land in bona fide separate ownership, including one or more tax lots, 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, subject to the approval of the Superintendent of Construction.

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

A lot other than a corner lot.

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 as the front lot line, subject to the approval of the Superintendent of Construction.

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.

The term "marijuana" shall have the same definition ascribed to marihuana in § 3302 of the New York Public Health Law.

The term "medical marijuana" shall have the same definition ascribed to medical marihuana in § 3360 of the New York Public Health Law.

Marijuana and/or any material, substance or other thing derived (in any manner) from marijuana or which contains marijuana as a component part in any amount or concentration.

A dock or basin providing mooring slips or docking facilities for three or more boats or vessels located in the waterway, for which a fee or other consideration is accepted for use of said mooring slips or docking facility, but not including the storage of boats, trailers or other accessory equipment on land.[2]

An establishment having a legal occupancy of 100 or more persons and primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to regulatory authority of the New York State Liquor Authority. The accessory or incidental sale of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this chapter. Nightclub uses are not permitted in any zoning district in the Village of East Rockaway.

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.

A skilled nursing facility licensed by the State of New York to provide full-time rehabilitation or chronic health care under medical supervision to individuals of any age who are unable to fully care for themselves, but not including facilities for surgical care or institutions dedicated to the care and treatment of mental illness, alcoholism, or narcotics addiction.

A building or a portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

A map adopted by the Village Board, showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on this map.

Any device, equipment, appliance or structure designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood, coal or solid waste, for heating spaces other than where such device, equipment, appliance or structure is located, or heating any other device, equipment, appliance or structure on the premises, or for heating domestic, swimming pool, hot tub or jacuzzi water. "Outdoor wood-burning device" does not include a fire pit, wood-fired barbecue or chiminea.

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 not less than 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 subdivision which does not involve the layout of any new street nor the change in lines, drainage or grade of any existing street nor the installation of any street improvement, as approved under Chapter 254, Subdivision of Land.[3]

An establishment primarily involved with the provision of personal care or other service directly to the ultimate consumer on a one-to-one basis as walk-in trade or by appointment, which shall include but is not limited to beauty salons, barbershops, shoe repairers, decorator shops, tailors, dressmakers, dry cleaners and photographic studios.

The Planning Board of the Village.

Land with or without buildings and structures thereon.

Any establishment where the principal business is the commercial sale of prepared foods to patrons for immediate on-premises consumption. The accessory or incidental sale and service of alcoholic beverages for on-premises consumption shall not deem such use to be a bar/tavern. A restaurant may or may not contain a drive-through window.

An establishment whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, or ice cream). The sale of other food, beverages or merchandise is incidental to the sale of the specialty food or beverage.

Any establishment where patrons order and are served prepared food in packages for on- or off-premises consumption, with a total gross floor area of 2,000 square feet or less, or not more than nine seats, and without a drive-through window.

Establishments of 10,000 square feet or less of gross floor area engaged in the sale or rental of goods for consumer or household use.

A building or portion of a building used primarily for the sale of goods or merchandise for personal or household consumption, and the rendering of services incidental to the sale of such goods.

A series of dwellings with separate entrances in which all dwellings shall have two exterior exposed walls, except that the dwellings on each end shall have no more than three exposed walls.

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 which enumerated schools shall have curriculum similar to those of public schools approved by said Board or said Department and shall give regular instruction to pupils five days a week (holidays in any week excepted) for not less than nine 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, 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.

The portion of an establishment that serves food or beverages for on-premises consumption that is located on the adjacent public sidewalk and contains tables and seating for use by patrons of the principal business.

A building, portion of a building or group of buildings containing dwelling units with full kitchens specially designed for use and occupancy by households with at least one person age 55 or older, which may have common amenities but no common dining. Such development does not include medical facilities or care. Such development must comply with all applicable federal, state and local laws, regulations and provisions regarding the same.

Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public. For the purpose of this chapter, signs shall be divided into five categories, namely, advertising, announcement, business, official road and real estate, all of such being more specifically defined in this section. For the purpose of this chapter, signs shall be considered to be structures and shall be subject to all regulations applicable to structures.

Any sign advertising the sale of goods, the performance of service or the name or location of a proprietor not located on the lot upon which the sign is displayed. Billboards and similar signs shall be included in the term "advertising sign."

Any sign used to announce the use of the lot upon which displayed for a professional office, home occupation, or religious, charitable or other institutional use.

Any sign used to advertise the use of the lot on which displayed for the sale of goods, the performance of services or the name or location of the proprietor, but not including a real estate sign. Such sign may be located on or attached to a wall of a building, but not projecting above the highest point of the roof of such building, or may be freestanding.

Any sign erected by a village, town, county or state agency and used to inform, control or direct traffic on a street.

Any sign used to advertise the sale, lease, rental, availability or location of real estate or housing development, including seasonal use type of development. Such signs shall be further classified and defined into three groups, as follows:

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.

Any building or structure, with or without walls or roof, used to display and store produce and other farm products intended to be sold at retail to the traveling public.

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 Village 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 division of any parcel of land into two or more lots, plots, sites or other division of land for immediate or future use or for building development in such a way as to create one or more new streets or extensions of existing street or lot lines. The division and transfer of property between adjacent property owners which does not create a new lot or reduce the size of any existing lot area, dimensions or building setbacks below the minimum requirements for the zoning district in which it is located shall not be considered a "subdivision" within the meaning of these regulations.

Any artificial body of water or receptacle for water having a depth at any point greater than 18 inches and/or having a plane surface area larger than 99 square feet and used or intended to be used for swimming or bathing, installed or maintained in or above the ground out-of-doors.

An uncovered flat platform of earth with or without a surface material or retaining walls.

A portion of the ground area of a lot which is available and accessible to all occupants of a dwelling unit or dwelling units on said lot for outdoor recreation use, which area is not devoted to driveways or parking spaces, is at least 25 feet in minimum dimension and has no more than 10% of its area with a grade of more than 5%.

The specific purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained.

The Village of East Rockaway.

The Mayor and Board of Trustees of the Village.

The plan adopted by the Village Planning Board pursuant to § 7-722 of the Village Law.

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.