Glen Cove City Zoning Code
ARTICLE II
Terminology
§ 280-5 Word usage.
A.
All words used in the present tense include the future tense; all words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is mandatory and not directory. The word "used" shall be deemed to include "designated," "intended" or "arranged to be used." Unless otherwise specified all distances shall be measured horizontally. The word "City" means the City of Glen Cove, and the term "City Council" means the City Council of the City. The term "Board of Appeals" means the Board of Appeals of the City; the term "Planning Board" means the Planning Board of the City; and the term "Environmental Conservation Board" means the Environmental Conservation Board of the City.
B.
Words not herein specifically defined shall have their ordinary dictionary meaning, as in Webster's New International Dictionary.
§ 280-6 Definitions.
As used in this chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:
A building or use subordinate to a main building or use on a lot and designed for purposes customarily incidental to those of the main building or use. A main building or use must exist on a lot prior to the granting of a permit for an accessory building or use.
Any structure used for recreational purposes as an accessory use, including but not limited to in-ground and aboveground swimming pools and related mechanical equipment, tennis courts, basketball courts, skateboard ramps, or any other similar use.
[Added 5-8-2007; amended 8-28-2007; 8-24-2010]
For the purposes of this chapter, an area of 40,000 square feet.
[Amended 5-27-1997 by L.L. No. 2-1997]
Any outdoor advertising sign, advertising medium, poster, device or any structure or thing which calls attention to any business conducted on, or to articles sold on, the premises to which the sign is affixed, except that the term shall not include lettering painted on awnings, windows or to any sign within a building.
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties. No alley shall be deemed a street for the purposes of this code.
[Amended 5-8-2007; 8-28-2007]
Any change, rearrangement or addition to a building, other than repairs; any modification in construction or building equipment.
A room or suite of rooms to be occupied as a dwelling unit.
A residential building containing three or more apartments.
Facade, facie, windows, walls, roofing, skylights, parapets, breezeway, foundations, building entrance, doorways, overhangs, columns, lighting, parking lot, landscaping and all other exterior components and sides of a building or structure which are intended to be exposed to climate and weather conditions or which may be visible from any public way and shall include the materials and composition of materials which comprise such exterior.
[Added 4-13-1999]
A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
Any premises used for spectator presentations, such as concerts, theatrical performances, lectures and similar cultural events, containing seats permanently or temporarily installed.
The average of the actual front setbacks of existing buildings within a two-hundred-foot distance from each side property line of the subject property, including any principal building which may exist on the subject property. If the 200 feet are interrupted by a road intersection, only the front setbacks up to that intersection shall be used in calculating the average.
[Added 10-22-2002]
Any establishment that serves primarily alcoholic beverages for on premises consumption. Where food is served in addition to alcoholic beverages, a bar shall be an establishment that has more than 40% of seats located at a counter or counters as opposed to individual tables receiving table service.
[Added 8-24-2010]
The flood having a one-percent chance of being equaled or exceeded in any given year.
The portion of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
[Amended 8-24-2010]
An establishment in which rooms are rented to transient guests and in which limited food service for such guests is provided.
[Added 2-24-1998]
Any advertising sign, as defined above, which calls attention to any business or advertises anything neither conducted on nor sold on the premises to which the sign is affixed.
A motel the purpose of which is to provide temporary occupancy on a daily rental basis to persons traveling by boat rather than by automobile and which does provide mooring space without charge for the boats of those occupying the units rather than parking space for automobiles.
Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters.
The total area of land, measured in square feet, covered by all buildings on a lot, excluding cornices, eaves, gutters; or chimneys projecting not more than 24 inches; steps, porches, bay windows extending not more than one story in height and not more than five feet horizontally; balconies and terraces. Where a building includes a parking structure, the roof of which is improved as a plaza or improved recreation area, the portion of the parking structure over which such roof lies shall not be considered part of the building area if the roof of said parking structure is eight feet or less above the average street grade.
[Amended 11-26-1985][1]
A structure wholly or partially enclosed within exterior walls and a roof, or within exterior and party walls and a roof, whether permanent or temporary for the use of housing or storage of persons, animals, or other property. For the purposes of this code, a structure shall include all buildings but not all structures will be deemed to be "buildings."
[Amended 3-13-2001]
Any hemp and any product processed or derived from hemp, including a topical application, that is used for human consumption provided it does not have a concentration of more than 0.3% delta-9 tetrahydrocannabinol (THC). Cannabidiol (CBD) products are an example of cannabinoid hemp products that have a variety of forms, including, but not limited to, tinctures (CBD oil), pills, capsules, balms, lotions, and food and beverage products.
[Added 7-25-2023 by L.L. No. 4-2023]
Any establishment, business, or facility which sells cannabinoid hemp products in their final form to consumers to be used for human consumption or topical application.
[Added 7-25-2023 by L.L. No. 4-2023]
A building or portion thereof used exclusively for the washing and waxing of automobiles for a fee.
[Amended 3-13-2001][2]
The area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zoning V1 - 30.
Any establishment where cattle, horses, goats, hogs, sheep or other grazing animals are kept for the purpose of sale, or for the sale of dairy products or meat, or are boarded for a fee. The keeping of not more than two milch cows, two milch goats, six hogs, or where the sale of extra milk or other products is clearly incidental to the production of home supplies shall not be considered as a commercial operation.
Any establishment where poultry of whatever kind are raised, in excess of 200 adult birds, 500 immature birds, or both, for the sale of eggs, fowl, broilers, chicks, feathers or any other poultry or where provision of, or intent to provide a building, has been made for housing such birds, covering an area in excess of 400 square feet of building area or capacity of 3,200 cubic feet.
Any vehicle prominently displaying the name of a business or enterprise, including, but not limited to, vans, pick-up trucks, limousines, landscape trucks, taxis, trailers and buses; or
Any vehicle classified under New York Vehicle and Traffic Law and its regulations as a limousine, taxi, livery, bus, school bus, trailer, commercial truck or similar designation denoting a business activity.
Any motor-driven vehicle, other than a private passenger vehicle, regardless of license plate classification and whether or not displaying the name of a business or enterprise, which is used primarily to conduct business or a commercial enterprise.
[Added 9-28-2004]
An individually owned dwelling unit in a multiple residence with an interest in the common areas and facilities which serve the multiple residence.
A line on a site plan, subdivision plat or similar document joining points of equal elevation above or below mean sea level.
[Added 5-8-2007; amended 8-28-2007]
Any retail establishment offering for sale commonly sold prepackaged food products, ready-to-eat food products, household items, sundries, magazines, newspapers, tobacco products and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. A convenience store includes what is commonly referred to as a "delicatessen."
[Added 9-26-2000]
Any change in the chemical or physical nature of food, whether or not raw or prepared, which occurs as the result of the use of flame, convection heat, electrical coil, microwave energy, hot plate or other means requiring the use of energy.
[Added 10-22-2002]
A multiple residence which is owned and operated by a mutual company, which company is operated for the benefit of persons or families who are entitled to occupancy of the individual dwelling units by reason of ownership of stock in the mutual company. Common areas and facilities which serve the multiple residence are owned and operated by the mutual company.
An open space enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowed.
An open space enclosed on three sides by exterior walls of a building with one side or end open to street, driveway, alley or yard.
The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
The linear dimensions of the unenclosed side of the court.
That percentage of the plot or lot area covered by the building area.
The established elevation of the curb grade at the point that is opposite the center of the wall nearest to and facing the street line. Where no such grade has been established, the Director of Public Works shall establish the same for the purpose of this chapter.
The head of the Building Department who is the enforcement officer of this chapter.
[Added 8-24-2010]
A building or portion thereof containing sleeping accommodations on the same site as and in conjunction with a school, college or conference facility.
An auxiliary use to a restaurant or other business, whereby patrons generally pick up goods or food, or receive service by driving a car or other vehicle to a driveway next to the building, and receive such goods through a specially designed window for such purpose.
[Amended 9-26-2000]
The tools, accessories and/or equipment commonly used to ingest cannabinoid hemp, tobacco, and/or non-FDA-approved drugs, including, but not limited to, glass pipes, water pipes, hookahs, bongs, one-hitter pipes, rolling papers, pipe screens, roach clips, vaporizers, tobacco or cannabinoid hemp rolling machines, vaporizers, small weighing scales, or any other device, equipment or apparatus designed and/or intended for the inhalation of cannabinoid hemp or tobacco.
[Added 7-25-2023 by L.L. No. 4-2023]
A building, or portion thereof, containing three or more dwelling units; an apartment house.
See "townhouse."
A detached building containing one dwelling unit only, not having more than one kitchen or one kitchenette.
A detached building containing two dwelling units only, i.e., a double house, twin house or one-over-one house.
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
Area enclosed within the outside walls of the dwelling unit, with a structural ceiling height of at least seven feet, six inches, excluding porches, garages, terraces, steps, public hallways and similar public spaces, cellars and basement rooms used for storage, utility installations and other similar purposes.
A small apartment without a bedroom separate from living areas.
[Added 8-24-2010]
Any side of a building facing a public way or space and finished accordingly.
[Added 8-24-2010]
A vertical surface of a building generally parallel with a front lot line and visible from the front lot line.
[Added 8-24-2010]
An advertising sign whose longer dimension is substantially horizontal, and the back of which is flat against the structure to which it is affixed.
[Amended 10-24-1989]
The functional equivalent of a family consisting of one or more surrogate parents and a number of foster children, living and cooking together as a permanent-like surrogate family; not as an institution, not as a temporary residence for transients, but akin to a permanent family structure.
If four or more unrelated persons live in a single dwelling unit, an inference may be drawn that they do not constitute the functional equivalent of a traditional family.
A property where general farming, truck gardening, nurseries, greenhouses and similar projects and activities are carried on, but where neither animals or poultry are maintained except for the use of the occupants of the property; also land under cultivation on which no building exists.
A physical barrier intended to provide privacy, prevent escape or intrusion, or to mark a boundary. Fences are often made of posts and wire or boards. Walls made of brick or stone that are intended for the same purpose and are not part of a structure shall also be considered to be a fence and subject to the same regulation. Living plantings such as hedges, trees, or shrubs shall not be deemed to be a fence.
[Added 8-24-2010]
The elevation at which the foundation meets the ground surface.
[Added 8-24-2010]
The ground or lowest story of a building entirely above the level of the ground around the building.
The maximum area of the floodplain which is likely to be flooded once every 100 years or any area for which mudslides can reasonably be anticipated.
The relatively flat area or lowlands adjoining the channel of a river, stream, watercourse, canal or any body of standing or tidal water, which has been or may be covered by floodwater.
Any combination of structural and nonstructural additions, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings.
All spaces within the exterior walls of a residential structure, including but not limited to habitable spaces; attached garages; heater rooms; porches or patios enclosed by screen or glass; utility and mechanical rooms; kitchens and bathrooms; closets; hallways; stairways; and attic space having a clear height of seven feet or more from finished floor level to ceiling level over 50% of the area of such attic space. Cellars and basements not meeting residential occupancy and habitability standards shall not count toward interior floor area.
[Added 5-8-2007; amended 8-28-2007]
All spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 20% of the square foot area of the room. Usable floor area shall be deemed to include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of at least five feet from finished floor level to pitch of roof rafter with a clear height of seven feet, six inches from finished floor level to ceiling level over 50% of the area of such attic space.
The ratio of floor area to lot area calculated by dividing the total interior floor area by the lot area after subtracting any deductions required by this chapter.
[Added 8-24-2010]
An establishment where fur-bearing animals such as, but not limited to, mink, foxes or rabbits are raised for the purpose of sale of fur pelts. The keeping of not more than two pairs of such animals as pets shall not be considered a commercial operation.
An accessory building, or part of a main building used principally for the storage of automobiles as an accessory use to a residential use.
A building, or part thereof, used for the storage of motor vehicles as a business or for transient parking needs.[3]
[Amended 3-13-2001]
A multiple dwelling other than a townhouse group that is not more than 2 1/2 stories in height and in which not more than four units share a common entrance.
Any area of land, including structures thereon or any building or part thereof, that is used for the sale of gasoline and other motor vehicle accessories, and which may or may not include facilities for washing, lubricating or otherwise servicing motor vehicles, but not including the painting thereof.
Housing for individual senior citizens who are 62 years of age or older, or couples in which at least one of the individuals is 62 years of age or older.[4]
[Added 3-12-1996; amended 3-13-1996]
Natural surface of the ground, or surface of the ground after completion of any change in contour.
Any retail establishment offering for sale a combination of commonly sold prepackaged food products, ready-to-eat food products, fresh-grown products, fresh meat and fish, household items, sundries, magazines, newspaper products, tobacco products and similar goods not for immediate consumption, but characterized by use in the home or off-site, and having a gross floor area of more than 5,000 square feet but less than 30,000 square feet.
[Added 9-26-2000; amended 9-24-2024 by L.L. No. 2-2024]
An accessory building designed to be used for nonpaying guests of the owner or tenant of the lot.
Any space used for one or more of the following: living, sleeping, eating or cooking.
[Added 10-22-2002]
For the purpose of this chapter an area of 20,000 square feet shall be considered to be a half acre.
An establishment where poultry or fish of whatever kind are hatched for sale by means of artificial incubation.
The vertical distance between the midpoint of the roof of a structure, or the top of the roof for structures with flat or mansard roofs, and the finished grade directly below. The midpoint shall be the mean height between the eave and the ridge. The measurement of structure height shall be as specified in § 280-45Q.
[Amended 5-8-2007; 8-28-2007; 8-24-2010]
The plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
[Added 7-25-2023 by L.L. No. 4-2023]
Any use customarily carried on entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof. Such home occupation may not include the conduct of a clinic, hospital, barbershop, beauty parlor, tea room, tourist home, animal hospital or any similar use.
Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, health farm, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, either of human beings or animals.
Any residential building or portion thereof containing 10 or more rooms that are used, rented or hired out to be occupied for sleeping purposes for compensation, whether the compensation is paid directly or indirectly.
The use of more than 200 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that adjoins any street for the storage, keeping, abandonment or sale of wastepaper, rags, scrap metals or other scrap or discarded materials; or for the collection, dismantling or abandonment of automobiles or other vehicles or machinery or parts thereof; or the processing of such materials in any way.
Any establishment where dogs or cats are raised for the purpose of sale, breeding, training or exhibition, or are boarded for a fee, or are sheltered for humanitarian reasons. The keeping of pet animals not in excess of six of each kind shall not constitute a kennel or cattery.
All interior space used for human occupancy, in any manner, including, but not limited to, habitable space, recreation areas, bathrooms, kitchens, and laundry areas.
[Added 10-22-2002]
Each off-street loading space or unit is a space 10 feet by 30 feet by 14 feet high located either within the structure or within a side or rear yard or access drive.
[Added 10-24-1989]
A clubhouse or club room of the local unit of a nationally recognized fraternal or social order, the majority of the members of which local unit are residents of the City of Glen Cove.
Land occupied or intended to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter.
[Amended 5-8-2007; 8-28-2007]
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135º.
LOT, INTERIORA lot other than a corner lot or a through lot.
LOT, FLAGA lot that does not meet minimum frontage requirements or the required lot width measured at the front setback. Access to the street is by a narrow extension of the lot (“flagpole”) which does not meet minimum frontage or width requirements and which connects the main part of the lot to the street. (See diagram below.)
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LOT, FRONTAGEThe length of that portion of a lot line that directly abuts a street right-of-way.
LOT, DEPTHThe mean horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.
LOT, WIDTHThe distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the required front yard minimum setback line parallel with the street.
LOT LINE, FRONTFor lots with one street frontage, the front lot line shall be the boundary of the lot along the public or private street on which the lot has frontage. In residential districts, for corner lots created following the effective date of this ordinance,[5] the front lot line shall be the boundary of the lot along every public or private street on which the lot has frontage. In residential districts, for corner lots that existed prior to the effective date of this ordinance and for all flag lots, the front lot line shall be determined by the position of the existing or proposed front door of the building. In the B-1 District, the front lot line of a corner lot shall be the boundary of the lot along the street with the highest pedestrian traffic on which the lot has frontage. In other commercial and industrial districts, the front lot line shall be the boundary of the lot along the street with the highest vehicular traffic on which the lot has frontage.
[Added 8-24-2010]
LOT LINE, REARAny and all lot lines opposite any front lot line, except that if the lot line opposite the front 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 line. On a corner lot in residential districts, for lots created following the effective date of this ordinance,[6] all lot lines other than front lot lines shall be deemed rear lot lines.
LOT LINE, SIDEAny lot line that is neither a front lot line nor a rear lot line.
LOT, THROUGHA lot which is not a corner lot and which has two street lines.
Any process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled.
Any premises containing one or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water designed, used or intended to be used primarily for the docking or mooring of boats for compensation.
A building or group of two or more detached or semidetached buildings, including automobile trailers, containing rooms or apartments with automobile parking or storage space serving such rooms or apartments, provided directly or closely connected therewith, which building or group of buildings is designed, intended or used primarily for the providing of sleeping accommodations for automobile travelers, including groups designated as auto cabins, motels, motor lodges and by similar designations.
A business that provides automobile repair of the body of the car, which may include metal work, fiberglass repair or the like, or painting or otherwise finishing the exterior surface of the car.
[Added 3-13-2001]
A business that provides full-service automobile diagnostics, repair and service without the sale of gasoline or other auto related merchandise for sale to the general public.
[Added 3-13-2001]
See "gasoline service stations."
[Added 3-13-2001]
Multifamily housing built and operated by the Housing Authority of the City of Glen Cove.
Navigable vessels shall meet all of the following criteria:
[Added 11-23-2004]
Be built on a boat hull or on two or more pontoons.
Be equipped with an operable motor.
Be equipped with operable rudder controls located at a point on the vessel from which there is forward visibility over a range of 180º.
Be compliant with all applicable state and federal requirements relating to vessels.
Be registered as a vessel in the state of principal use.
Have registration numbers clearly displayed.
Carry liability and hull insurance.
Be in a state of good repair.
Be seaworthy and capable of being used for active navigation.
A building that does not conform to the area or dimensional regulations currently in effect for the district in which it is located, which building was lawfully existing under the provisions of the Glen Cove City Code at the time of the erection of said building, and at the time immediately prior to the adoption of said regulations.
[Added 10-10-2023 by L.L. No. 6-2023]
A lot that does not conform to the area or dimensional regulations currently in effect for the district in which it is located, which lot was lawfully existing under the provisions of the Glen Cove City Code at the time of the creation of said lot, and at the time immediately prior to the adoption of said regulations.
[Added 10-10-2023 by L.L. No. 6-2023]
Use of a building or of land that does not conform to the regulations currently in effect as to use for the district in which it is located, which use was lawfully existing under the provisions of the Glen Cove City Code at the time of the creation of said use or the establishment of said use, and at the time immediately prior to the adoption of said regulations.
[Amended 10-10-2023 by L.L. No. 6-2023]
An establishment where woody or herbaceous plants are grown for sale, including a stand for the sale of such merchandise.
A building used for the accommodation and care of persons recuperating from illness or with an incapacity, including care and/or treatment of the aged, where nursing services are permitted.
A flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of once every 100 years; the term also means that level of flooding having a one-percent probability of occurrence in any year.
The parking of a commercial vehicle at any time after midnight and before 6:00 a.m.
[Added 11-27-2001]
The area required for parking of automobiles; the minimum dimensions of which shall be nine feet wide and 20 feet long, exclusive of passageways.
For the purpose of defining parking requirements only, a personal service shop shall mean a commercial business that is characterized by the purchase of services administered by another person or on-site apparatus, such as a tanning bed or hair dryers, and where purchase of goods is incidental to the service provided. Services that are further identified, such as dental and doctor offices, in the parking requirements section shall not be included as a personal service shop.
[Added 3-13-2001]
An area of a minimum contiguous size, as specified by this chapter, to be planned, developed, operated, and maintained according to a plan containing one or more structures and/or uses with appurtenant public or private common areas.
[Added 11-23-2004]
A required lot width equal to the average lot width of principal residential buildings on the same side of the street and within a distance of three times the minimum lot frontage for the district in which the subject lot is located. Lots located outside of the zoning district that the subject lot is located within shall not be considered in computation of prevailing lot width. Corner lots shall not have a prevailing lot width. The prevailing lot width shall be no more than 150% the minimum lot width requirement.
[Added 8-24-2010]
A required minimum distance between the front lot line and the front building line, equal to the average of the front setback of principal residential buildings on the same side of the street and within a distance of three times the minimum lot frontage for the district in which the subject lot is located. Lots located outside of the zoning district that the subject lot is located within shall not be considered in computation of prevailing front setback. The prevailing front setback shall be no more than 150% the minimum front yard requirement.
[Added 5-8-2007; amended 8-28-2007; 8-24-2010]
A building in which is conducted the main or principal use of the lot on which said building is located.
Office for person or persons whose vocation or occupation required advance training in some liberal art or science and usually involving mental rather than manual work.
Theaters, schools, colleges, gymnasiums, public assembly halls, City halls, firehouses, police stations, libraries, museums, stadiums, lodge rooms, clubhouses, dance halls, railroad stations, bus stations and churches shall be considered as public buildings.
Publicly owned property as contained in § 280-55 shall not be deemed to include the following: public beaches; lands under water; contiguous or abutting public streets, roads or highways; property improved with substantial buildings or other structures.
An area of 10,000 square feet shall be considered to be a quarter acre.
A building or buildings, designed for classes and seminars to provide training in various phases of corporate management, administration, computer technology and similar skills, including overnight accommodations and accessory recreation facilities.
Any establishment that serves prepared food and beverages primarily to persons seated at tables or counters within the building. Restaurants are generally characterized by table service, whether or not alcoholic beverages are sold. This includes cafes, tearooms and outdoor cafes.
[Amended 9-26-2000]
An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried or griddled quickly or heated in a device such as an oven or microwave oven. Generally, there is no table service, and food is generally served in a disposable wrapping or container. Take-out restaurants also include prepared ice cream stores, bakeries, pizza-to-go, bagel and coffee establishments and the like, whether these have tables for patron seating or not.
[Added 9-26-2000]
A retail establishment offering nonperishable foods and non-food items for purchase by the general public not including a convenience store, grocery store or supermarket except in regard to identifying parking requirements for the same.
[Added 3-13-2001; amended 9-24-2024 by L.L. No. 2-2024]
Any building or portion thereof containing more than two and less than 10 rooms that are used, rented or hired for permanent occupancy for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. The term "rooming house" shall be deemed to include "lodging house" and "boardinghouse" but not "tourist home" or "motel." Rooming houses are not permitted in any zoning district in the City of Glen Cove.
[Amended 8-24-2010]
An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.
[Added 10-22-1985]
A residential facility with four or more dwelling units limited to efficiency or two-room suites designed for occupancy for elderly persons 65 years or older, which facility also includes common eating facilities for residents and common meeting or social or recreation areas. Such housing may also include facilities for limited emergency and/or diagnostic medical service, store for use by residents for convenience goods, medical supplies and sale of goods made by residents.
[Added 5-14-1991]
An accessory building designed to be used for the housing of domestic help employed by the owner or tenant of the property.
The required minimum distance between the front lot line and the front building line, as determined by the minimum front yard requirement.
[Added 5-8-2007; amended 8-28-2007]
The required minimum distance between the rear lot line and the rear building line, as determined by the minimum rear yard requirement.
[Added 5-8-2007; amended 8-28-2007]
The required minimum distance between the side lot line and the side building line, as determined by the minimum side yard requirement.
[Added 5-8-2007; 8-28-2007]
A tract of land with buildings or structures planned as a whole and intended for three or more retail establishments with accessory parking on the same site.
See "advertising sign" and "billboard."
A theoretical inclined plane, through which the height of a building may not penetrate. It is inclined over the lot at an angle as measured at the lot line at natural grade. A composite of sky exposure planes form a polyhedron within which a structure must be completely contained with unless otherwise exempted.
[Added 5-8-2007; amended 8-28-2007]
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The deviation of a surface from the horizontal usually expressed in percent or degrees. Slope percent is calculated by dividing the vertical distance by the horizontal distance times 100. For example, where two-foot contour lines on a map are located 10 feet apart, the slope of land between the contour lines is 20%.
[Added 9-12-1989; amended 8-28-2007]
All putrescible and nonputrescible materials or substances, except as described in Subsection D of this definition, that are discarded or rejected as being spent, unless worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal.
A material is discarded if it is abandoned by being:
A material is disposed of if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water.
The following are not solid waste for the purposes of this section:
Domestic sewage.
Any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works for treatment, except for any material that is introduced into such system in order to avoid the provisions of this section.
Industrial wastewater discharges that are actual point source discharges subject to permits under Environmental Conservation Law Article 17. Industrial wastewaters while they are being collected, stored or treated before discharge, and sludges that are generated by industrial wastewater treatment are solid wastes and are regulated by this section.
Irrigation return flows.
Radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended.
For the purpose of calculating required living space, rooms in a split-level house which are placed over a finished or unfinished garage, cellar or basement shall be considered as being on the first floor, provided that the floor levels of such rooms are not more than five feet above the level of the remainder of the first floor.
An accessory building or portion of a main building in which horses are kept, whether for private use or for hire, remuneration or sale.
Land areas where the slope equals or exceeds 15%.
[Added 8-28-2007]
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling above it. A basement shall be counted as a story but a cellar shall not be counted as a story. See “basement”; “cellar.”
[Amended 5-8-2007; 8-28-2007]
A story of a building with at least two opposite exterior sides meeting a sloping roof not more than three feet above the floor of such story and having an average ceiling height not more than seven feet. A mezzanine in a dwelling unit may qualify as a half story when there is a sloping roof above, and when the average ceiling height is no more than seven feet, and when the floor area is no more than 1/3 of the floor area immediately below, and when the use is limited to recreational purposes.
[Amended 10-22-2002; 5-8-2007; 8-28-2007]
A public or private thoroughfare, however designated, which affords legal access to abutting property.
The dividing line between a lot and a street.
Any permanent fixture or improvement of or on a property.
[Added 3-13-2001]
Any retail establishment offering for sale a combination of commonly sold prepackaged food products, ready-to-eat food products, fresh-grown products, fresh meat and fish, household items, sundries, magazines, newspaper products, tobacco products and similar goods not for immediate consumption, but characterized by use in the home or off-site, and having a gross floor area of 30,000 square feet or more.
[Added 9-24-2024 by L.L. No. 2-2024]
An outdoor water pool which is not operated for gain and which is intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. An outdoor water pool shall, for the purposes of this chapter, be construed to mean any swimming pool, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained, which will cause the retaining of water to a greater depth than 18 inches or having a plane surface area of water greater than 100 square feet. Definition includes in-ground as well as aboveground swimming pools.
A terminal where liquids or gases are received by tank vessel, pipeline, tank vehicle and are stored for the purpose of distributing such gases or liquids.
A dwelling in which overnight sleeping accommodations are provided or offered for transient guests for compensation.
One of several units in a building, which unit is designed for and occupied exclusively as a home or residence for not more than one family living independently of any other family, separated from other units by a party wall or walls, and erected on a lot intended to be held in the form of a condominium or in single and separate ownership from any adjoining units.
A wheeled vehicle designed and used for living purposes in any place or under any conditions. The removal of the wheels from such a vehicle shall not be deemed to alter its status in any way.
Receiving and processing solid waste by reducing or altering the volume or the chemical or physical characteristics of the material through process such as, but not limited to, separating, baling, size reduction or shredding before it is delivered to a landfill, composting facility or solid waste incinerator.
Separating, processing, modifying, converting, treating or preparing collected solid waste so that component materials or substances or recoverable resources may be recovered or used as a raw material or energy source.
Separating recyclables from the solid waste stream and/or receiving previously separated recyclables for further processing and transfer to another facility.
A dwelling unit or portion thereof, detached garage, dock, shed, pool, cabana, athletic or recreational court, or other outdoor accessory structure or yard area occupied or used by persons other than the owner, a family member of the owner or invited guests of the owner and for which rent or other consideration is received by the owner, directly or indirectly, in exchange for occupation or use for a period of less than 28 days. "Transient rental properties" shall not include properties used exclusively for nonresidential commercial purposes, or any legally operating hotel or motel as those uses are defined in the Building Zone Ordinance. Any offering or advertisement to use a transient rental property as defined herein for a period of less than 28 days placed with Airbnb, HomeAway, VRBO, Swimply or other media outlets shall create a rebuttable presumption that the property is a transient rental property.
[Added 8-22-2023 by L.L. No. 5-2023]
An unenclosed portion of the ground 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 40 feet, and which is available and accessible to all occupants of the building or buildings on 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.
A satellite signal, which when viewed on a conventional television set is at least equal in picture quality to that received from local commercial television or by way of cable television.
[Added 10-22-1985]
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
Any facility or location that offers, permits, or allows on-site indoor smoking of electronic cigarettes, vape pens, vapors, and pipes, e-liquids or other similar substances, including any and all establishments commonly known as "hookah lounges." "Smoking" includes the inhalation of the smoke/e-liquid nicotine/vapors, water pipe tobacco and other substances encased in electronic cigarettes, vape pens, and/or pipes commonly known as "hookah," "shisha," and "narghile" or any similar device.
[Added 7-25-2023 by L.L. No. 4-2023]
Any electronic cigarettes, electronic pipes, vape pens, pod devices, vapors, e-liquid, or like substances. "Vape products" shall not include products for the inhalation of tobacco-flavored nicotine as authorized by the Food and Drug Administration.
[Added 7-25-2023 by L.L. No. 4-2023]
An open unoccupied space in the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot.
A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
An unoccupied ground area on the same lot with the building between the rear lot line and a line drawn parallel thereto, extending from lot line to lot line.
Any yard measured between a line drawn parallel to a street or lot line at a distance equal to the respective yard dimension required by this chapter.
An unoccupied ground area on the same lot with the building between any property line other than a street or rear lot line and a line drawn parallel thereto, and between the front and rear yards.
[1]
Editor’s Note: The former definition of "Building Department Administrator," which immediately followed this definition, was repealed 8-24-2010. See now the definition of "Director of the Building Department."
[2]
Editor's Note: The former definition of "cellar," as amended, which immediately followed this definition, was repealed 8-24-2010.
[3]
Editor's Note: The definition of "garage, storage," which immediately followed this definition, was repealed 3-13-2001.
[4]
Editor's Note: The former definition of "gourmet food stores," which immediately followed, was repealed 9-24-2024 by L.L. No. 2-2024.
[5]
Editor's Note: "This ordinance" refers to the ordinance adopted 5-8-2007 and readopted 8-28-2007.
[6]
Editor's Note: “This ordinance” refers to the ordinance adopted 5-8-2007 and readopted 8-28-2007.