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."

A solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. Structures or devices which provide power to any other dwelling or structure located on a separate property are not considered part of this definition.

An adult-care facility, duly licensed, pursuant to New York State Social Services Law, established and operated for compensation and profit for the purpose of providing long-term residential care, room, board, housekeeping, personal care and supervision to five or more adults unrelated to the operator, as provided in NYCRR, Part 485 (Social Services), and shall not include a nursing home or a skilled nursing facility.

One or more rooms with sanitary facilities and cooking facilities comprising an independent, self-contained dwelling unit.

A structure containing three or more apartment units.

A center, excluding game rooms or game centers, in which people assemble, where the purposes of assembly are amusement, entertainment, education, recreation, socialization, relaxation, association or communication or any similar purpose or purposes. Such establishment may serve alcoholic beverages or allow their consumption on the premises.

An adult home, duly licensed pursuant to the New York State Public Health Law, which provides or arranges for housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly) in a home-like setting to five or more adult residents unrelated to the assisted living provider as provided in 10 NYCRR Part 1001 (Department of Health). A special needs assisted living residence is an assisted living residence that has been issued additional certification by the New York State Department of Health which authorizes it to serve persons with special needs (such as Alzheimer's disease or dementia) in accordance with a special needs plan approved by the Department of Health, pursuant to the requirements of 10 NYCRR Part 1001. An assisted living residence or special needs assisted living residence shall not include a residential health care facility, general hospital, continuing care retirement community, nursing home, skilled nursing facility, independent senior housing, shelter or residence for adults, hospice, or hospice residence.

A vertical opening penetrating through one or more floors to create an open effect within a building.

A building of one or more stories in height used either for the storage incidental to the repair or repair of automobiles and trucks.

Any building, land area or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories. "Automobile service stations" shall not include premises where automobile painting and body fender work are conducted.

Any building, land area or other premises, or portion thereof, used for the repair of automotive vehicle bodies, including painting and body fender work.

A residential use consisting of at least one dwelling unit, together with more than two rooms that are rented or are designed or intended to be rented.

A structure having a roof supported by columns or walls. When separated by a party wall without openings, it shall be deemed a separate "building."

The aggregate of the maximum cross-sectional areas of the buildings on the lot, excluding cornices, eaves or gutters projecting not more than 18 inches, steps, open terraces or other features of an ornamental character.

The vertical distance measured from the average elevation of the existing natural grade (before any fill has been or is proposed to be placed thereon), as established on a plan prepared by a licensed professional surveyor, to the highest point of the roof or structure. Chimneys, parapet walls, spires, towers, elevator penthouses, tanks and similar customary projections shall not be included in height, provided that they project above the roof not more than 12 feet in height.

An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot-water solar systems that are contained within roofing materials, windows, skylights, and awnings.

A child day-care center duly licensed pursuant to the New York State Social Services Law, as amended, and as provided for NYCRR Part 418 (Social Services), as amended.

Any outdoor sign attached to a pole or post or posts safely embedded in the ground which is larger than an advertising sign.

A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, smoke or noise) is permitted in a district subject to approval by the Village Board or Board of Appeals, and subject to special requirements, different from those usual requirements for the district in which the conditional use may be located.

Defined as provided in Article 9-B of the New York Condominium Act (Real Property Law, § 339-e) and shall be deemed to include the Homeowner's Association-type of ownership.

An establishment within a freestanding building which offers a limited variety of food, household and sundry items, with sales dependent upon convenience of location, speed of service and accessibility and are not dependent upon comparison shopping or pedestrian traffic within the site or an adjoining site.

Defined as provided in the New York Cooperative Corporations Act.

A public hall in which people assemble where the main purpose of assembly is dancing to musical accompaniment, live or recorded. Such establishment may serve alcoholic beverages. It shall have conspicuously posted on the premises a certificate of compliance with the State Labor Law assembly provisions and shall comply with the Village of Islandia Fire Prevention Code and other applicable statutes and laws and shall be deemed an accessory use.

A single or multilevel open, flat, floored structure, without a roof or other enclosed structure, composed of wood, metal, masonry or similar material and associated with patios, porches, porticos, balconies and sun decks, subordinate to the principal building on a lot, used for purposes customarily incidental to the principal building, not used for habitation and which does not exceed the size of the principal building or its floor area ratio (FAR). Decks having a height of more than 18 inches shall be considered accessory structures.

A "diagnostic and treatment center" licensed by the Department of Health pursuant to the provisions of Article 28 of the Public Health Law of the State of New York for the provision of out-patient primary medical care, including specialty care, but excluding medical or health care services required to be performed or more appropriately performed in a hospital. For the purposes of this code, a "diagnostic and treatment center" shall not be deemed to be a hospital as defined in § 2801 of the Public Health Law of the State of New York.

A facility where a product is sold or a service rendered without the customer leaving his vehicle.

A building or portion thereof arranged, designed or occupied by three or more families living independently of each other with separate cooking facilities. A boardinghouse, furnished-room house, dormitory, rooming house, tourist house or fraternity house is a building in which there are less than 30 sleeping rooms occupied primarily by transients who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence and is a "multiple dwelling"; a dwelling occupied by one or two families with five or more transient boarders, roomers or lodgers in one or both households.

A single-family dwelling occupied by a family and by one person who is not a member of that family; one occupant of such dwelling shall be at least 60 years of age.

A detached building arranged, designed for or occupied exclusively as a home or residence for one family doing its own cooking.

A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other with separate cooking facilities.

Including equine-assisted therapy (EAT), equine-assisted psychotherapy (EAP), and equine-assisted learning (EAL), equine-facilitated learning (EFL), and equine-facilitated psychotherapy (EFP) and hippotherapy, is a type of animal assisted therapy, a field of mental health and medical arts practitioners that utilizes equine activities, set up and facilitated by a licensed mental health professional, often with the help or standby support of a horse professional, in the treatment to their patients.

A single individual doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing its own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bonds, as distinguished from a group occupying a boardinghouse, furnished-room house, rooming house, tourist house, club, fraternity or hotel.

A "family day-care home" duly licensed pursuant to New York State Social Services Law as amended and as provided for in NYCRR Part 417 (Social Services), as amended.

An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas, whether natural or otherwise.

The gross floor area of a structure divided by the total lot area.

A building or structure or an area within a building or structure, or part thereof, used for video and arcade games usually operated by coins, but does not include video gaming terminals and facilities such as, but not limited to, video lottery terminals (VLTs) authorized under § 1617-a of the New York State Tax Law and licensed by the New York State Gaming Commission, and off-track betting simulcast facilities authorized pursuant to the New York State Racing, Pari-Mutuel Wagering and Breeding Law.

A building used for the storage of motor vehicles owned and used by the occupants of the premises upon which it is located.

A group of detached or attached apartment houses not more than two stories in height containing dwelling units with each unit having its own cooking facilities.

The total area of a building measured by taking the outside dimensions of the building at each floor level above or below grade intended for occupancy or storage. All accessory structures shall be included in GFA calculations when computing floor area ratios with the following exceptions: aboveground pools and decks on residential parcels, surface parking and pedestrian walkways, structured parking decks not greater than 18 feet in height on sites greater than 10 acres and all below-grade parking.

Defined as set forth in the Public Health Law, § 4401, as amended, and the regulations promulgated thereunder.

An accessory use of a service character customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use and in connection therewith there is not involved the keeping of a stock-in-trade or the use of equipment which creates offensive noise, vibration, smoke, dust, odors, heat, glare or electronic interference, or advertisement, other than an identification sign as permitted and regulated in Article XIII. A home occupation shall not be interpreted to include a veterinarian, optometrist, insurance agent or real estate broker nor shall dance studios, musical instruction groups, art or photo galleries, restaurants, beauty parlors, barbershops, convalescent homes and mortuary establishments be deemed to be home occupations.

Defined as set forth in Public Health Law, § 2801, as amended, and the regulations promulgated thereunder, and includes an independent out-of-hospital health facility and any clinic certified pursuant to the Public Health Law, Social Services Law and Mental Hygiene Law.

An establishment in which there are multiple sleeping rooms in one building or structure occupied primarily by transients who are lodged for a maximum of seven days. Cooking facilities other than a coffeemaker and small (two cubic feet or less) refrigerator may not be contained within the rooms; however, a restaurant and such other services as are incidental to the use thereof as a temporary residence may be provided.

A hotel with more than 150 rooms with an indoor facility containing video lottery terminals (VLTs) authorized by § 1617-a of the New York State Tax Law and licensed y the New York State Gaming Commission and/or simulcast off-track betting simulcast facilities authorized pursuant to the New York State Racing, Pari-Mutuel Wagering and Breeding Law, located on a site having a minimum lot area of seven acres and at least 600 feet of frontage on the Long Island Expressway (Interstate 495) and/or a Long Island Expressway service road. A restaurant and/or other such uses which are primarily intended for use by visitors, guests or customers of the hotel/gaming facility may be provided and/or operated.

Any coverage of the surface of the ground by a material that prevents the absorption of stormwater.

An establishment for the purpose of indoor sports activity, including basketball, tennis, roller or ice skating, soccer, lacrosse, volleyball.

Defined as set forth in the Public Health Law, § 3302, Subdivision 11, as amended, and the regulations promulgated thereunder.

A parcel of land, exclusive of street areas, used or designed to be used by one use or building or by a related group of uses or buildings and the accessory uses or buildings customarily incident thereto, including such open spaces as are required by this chapter. Upland only shall be termed land; neither land under water, shore, strand nor beach shall be deemed land for the purpose of this chapter.

The total area measured inside all the lot lines, excluding any street rights-of-way or land below water.

A lot with frontage on two or more intersecting streets.

A lot extending from one street to another, having frontage on two streets.[1]

Where located in the Neighborhood Retail District and only when located on a two-way highway such as Veterans Memorial Highway (New York State Route 454), the following are permitted uses in the Neighborhood District: Urgent care facility (walk-in clinic), health-related facility (excluding overnight residential treatment facilities), medical clinic (office of a physician, surgeon, chiropractor, osteopath, licensed physical therapist), dentist, child day-care facility, adult day-care facility, research and development (uses involving laboratories for scientific or industrial research, testing and development), animal care center, veterinarian (provided all activities take place within the building and there is no boarding or overnight stays permitted).

A structure containing more than one dwelling unit, or accommodations for habitation by more than one family, or separate living quarters in the same structure.

Any use or activity which is legal because it was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which is nonconforming by reason of such adoption, revision or amendment (to conform) to the present requirements of the zoning district.

A lot, the area dimension or location of which is legal because it was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which is nonconforming by reason of such adoption, revision or amendment to the present requirements of the zoning district.

A structure or building, the size, dimensions or location of which is legal because it was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which is nonconforming by reason of such adoption, revision or amendment to the present requirements of the zoning district.

Defined as set forth in Public Health Law § 2801, as amended, and the regulations promulgated thereunder.

Where specifically permitted in this chapter, the keeping as an accessory use in an unenclosed area of any goods, material, merchandise or registered operable vehicles in the same place for more than 24 hours. All "outdoor storage" shall be in the rear yard and at least 10 feet from all property lines and shall be adequately screened. The height of the storage shall not exceed the height of the perimeter fence, with the exception of motor vehicles.

All the land contiguously owned, bounded by property lines.

Any and all land and/or physical structures owned or controlled by the Village of Islandia or other governmental body. These shall include areas whether active or passive, designated as "parks," "picnic areas," "nature reserves," "playgrounds," "play areas," "fields," including but not limited to "driveways," "walkways," "parking areas" leading thereto or other special use areas as designated by the Village Board.

The area of a lot or building used or designed to be used for the purpose of accessory parking of vehicles. Such area shall be on or part of the same lot on which the principal use is located.

The space required for each motor vehicle intended or required to be parked in an off-street parking area. For the size parking space required, refer to § 177-102.

The Village Board of Trustees is designated as the "Planning Board" for the Village.

Land with or without buildings and structures thereon.

A building in which the principal use of the lot upon which it is located is conducted.

The primary or predominant use of any lot.

A building or a part of a building in which food and/or beverages are prepared and served to patrons seated at tables and/or counters. A restaurant may also include an indoor takeout service area, with parking spaces reserved for the takeout customers, but shall not include drive-through window service, except as provided in § 177-63F. For purposes of this Code, a restaurant shall not be considered a retail business.

Defined as set forth in Public Health Law § 2801, as amended, and the regulations promulgated thereunder.

See "boarding house."

Defined as set forth in the Public Health Law § 4702, as amended, and the regulations promulgated thereunder.

A use of land, buildings or structure by one or more retail enterprises where the proposed use occupies a site of one or more acres, or where the total floor area of the buildings or structures is 15,000 square feet or more, in each case whether built at one time or in two or more construction stages.

Any structure, device or display consisting of, but not limited to, any letter, symbol, trademark, model, banner, flag, pennant, insignia, light decoration, illustration, representation or combination thereof used for the purpose of advertisement, announcement, identification or other attention-directing intent. A "sign" does not include the flag, pennant or insignia of a governmental or religious institution and does not include any display of a court or official public notices.

An opening in a roof or ceiling fitted with glass for admitting daylight and the frame set with glass fitted to such an opening, whether or not to be operable and whether or not it be integrated in or form a part of an atrium.

see "conditional use." (All special exceptions granted prior to the adoption of this chapter shall be deemed to be "special permits.")

A use or activity in which goods are stored, but not including goods or merchandise meant for immediate sale or disposal located inside a structure.

A detached accessory structure without electrical or plumbing services, not extending more than eight feet above the property grade, used only for the storage of items customarily incidental to the principal use and located on the same lot as the principal use.

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 such floor and the ceiling next above it.

A public or private way which affords the principal means of access to abutting properties.

Any combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.

A plot plan signed and sealed by a licensed surveyor or engineer in the form prescribed by the American Land Title Association (ALTA), defining existing and proposed lot lines, elevations, monuments, utilities, structures, road improvements, drainage, rights-of-way and easements. Recent test hole data shall also be shown.

A building containing three or more dwelling units wherein each unit has its own front and rear access to the outside, no unit is located over another unit and each is separated from the other by one or more common vertical walls.

The purpose for which land or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include a nonconforming use.

A building occupied by a business establishment which is constructed on both the interior and exterior as a warehouse-style building and which is used to sell products and goods individually, in bulk or in quantity to the general public.

The open space between the street line and the nearest part of any building.

Open space on the same lot with the principal building between the rear line of said building and the rear line of the lot.

Open space on the same lot with the principal building situated between the building and the side line of the lot and extending through from the street or from the front yard to the rear yard of the lot. Any lot line not a street line or a rear line shall be deemed a "side line."