Certain words in this chapter are defined for the purpose thereof as follows:
ACCESSORY BUILDINGIncludes every building devoted solely to an accessory use. It does not include any portion of the main or principal building which is devoted to an accessory use. If such a building or use is not located on the same lot as that of the building or use to which it is accessory, it is not an "accessory building" or use and must comply with the regulations applicable to a principal building or use.
ACCESSORY USEIncludes every use customarily incident to the principal building or use, and includes all of the uses specified as accessory elsewhere in this chapter. If such a use is not located on the same lot as that of the building or use to which it is accessory, it is not an "accessory use" and must comply with the regulations applicable to a principal building or use.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, film, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT DRIVE-IN THEATERA drive-in theater that customarily presents motion pictures and that is not open to the public generally but excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT MOTELA motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slideshows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slideshows and that is not open to the public generally but excludes any minor by reason of age.
ALTERATIONAs applied to any building or structure, means any change or rearrangement in the structural parts or exterior wall or framework of existing facilities. It includes any enlargement, whether by extending any side, front or rear building line or by increasing any height or by moving from one location or position to another. It also includes the enclosure of a space previously open, such as the enclosure of an open porch or patio or the construction of a roof over it.
ATTICSpace between the top of uppermost floor construction and underside of roof.
BASE PLANEThe mean elevation of the crown of the street along the front yard of a property on which a building is situated.
BUILDINGAny structure, including those prefabricated, having a roof supported by columns or walls, constructed of materials, including, but not limited to, wood, metal or plastic, and intended for the shelter, housing or enclosure of persons, animals, chattels or any use, including accessory uses. For purposes of setback regulations, with the exception of §§
212-35C and
212-35D, uncovered porches and decks will be defined as buildings.
BUILDING AREAThe maximum horizontal cross-sectional area of all buildings on a lot, excluding uncovered porches and decks; trellises; bay windows and other similar architectural features which are not more than six feet in height and do not project more than 18 inches; and eaves, gutters and chimneys projecting not more than 30 inches.
CLUBA nonprofit organization or corporation or one owned and operated by a membership corporation or an unincorporated association for social, musical, dramatic, literary, artistic, gardening, yachting, boating, hunting, shooting, fishing, bathing, golf, tennis, squash, racquets or other lawful sporting purposes, excepting and not including an athletic organization, a political organization, a day camp, a youth house, a club for boys or girls, an organization for the improvement of the social, mental, moral or physical condition of children or of young men and women or an organization the chief activity of which is a service customarily carried on as a business.
CORNER LOTA parcel of land at the junction of two or more intersecting streets.
CURBEstablished elevation of the curb directly in front of or surrounding subject premises. Where no curb exists, the lowest established elevation of the edge of the street is used.
DWELLINGA place of abode of one or more families. It does not include a housecoach or a trailer used or designed to be used in connection with a motor vehicle.
EXTERIOR WALL HEIGHTThe vertical height of an exterior wall of a building or structure measured from the base plane to the underside of the eaves.
FAMILYA group of persons, including servants or employees, forming a single housekeeping unit. It does not include a boarder or lodger, each of whom shall be regarded as a separate "family" and who are permitted only in districts that allow more than one family. Where there is more than one kitchen, there is presumptively more than one family.
FLEA MARKETA sale or exchange of tangible personal property of every kind and description or of services or repairs to such personal property conducted at a location where there are multiple vendors who have paid a fee or charge or who have been allowed to occupy indoor or outdoor space without charge, for the privilege and purpose of displaying or selling items of tangible personal property or furnishing services or repairs thereto, all for a price or consideration, where such conduct is available to the general public.
FRONT YARDA yard extending across the full width of the lot and lying between the front lot line and the nearest point of the building. In the case of a lot where the front lot line is nearer than 10 feet to the front curbline, the front yard shall be measured from a line located 10 feet in from the front curbline.
HEIGHT/SETBACK RATIOA calculation designed to regulate the height of a building in relation to its setback from a lot line. It is in the form of an inclined plane beginning at the lot line from which the setback is being measured and rising toward the building at the ratio specified in this chapter. The mean grade along the foundation of that wall of the building nearest the lot line shall be the base elevation for measurement purposes. No part of any building, other than minor architectural features such as chimneys, skylights and dormer windows not covering more than 10% of the roof area shall be permitted to extend above said inclined plane. The graphic sketches located at the end of this chapter illustrate the application of the height/setback ratio to hypothetical lots in the 20,000 to 29,999 and 9,000 to 11,999 square foot lot size ranges.
LOTA parcel of land occupied or designed to be occupied by one main building or use and the accessory building or uses customarily incident to it, including such open spaces as are arranged or designed to be used in connection with such building or use. It includes the word "plot." A "lot" may or may not be the land shown as a separate parcel on a duly filed map, Tax Map or developer's diagram. All adjoining parcels of property now or hereafter held in common ownership, regardless of the nature of the constituent parcels or the date, source or manner of acquisition, shall be deemed merged into a single lot and shall be subject to the provisions of this chapter to the same effect as if they had constituted a single lot at the date this chapter was adopted.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. The definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.
MEAN GRADE LEVELThe mean final grade or mean existing grade as of the date of the adoption of this definition, whichever is lower, measured around the entire foundation of the building.
MULTIPLE DWELLINGA dwelling which is occupied as the abode, residence or home of three or more families living independently of each other.
PEEP SHOWSA theater which presents material in the form of live shows, films or videotapes viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
PRIVATE GARAGEA building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected, for a purpose accessory to the use of the lot.
PUBLIC GARAGEA building, other than a private garage, one or more stories in height, used for the storage, servicing or repair of automobiles.
REAR YARDA yard extending across the full width of the lot and lying between the rear lot line and the nearest point of the principal building.
RECREATIONAL STRUCTURESTennis courts, paddle tennis courts, handball courts, basketball courts and facilities of similar character, including all adjacent man-made surfaces and the required fencing accessory to the use of such facility.
REQUIRED YARDThe portion of the yard lying within the minimum limits provided by this chapter for the district in which the lot is situated.
SCHOOLAn institution of learning chartered by the State Board of Regents. It does not include a day camp, a summer camp or a recreational or athletic institution, organization, conservatory, group or center. It does not include an institution, organization, group or center, whether operated or managed by one or more persons, of which the principal object or one of the principal objects is physical education, teaching of dancing, singing, dramatics, music, playing of musical instruments, calisthenics, typewriting, stenography, dressmaking, designing or millinery or the giving of instruction in beauty parlor operation, business courses or instruction of a similar nature.
SIDE YARDA yard between a side lot line and the nearest point of the principal building on that lot and extending from the front yard to the rear yard. In the case of a corner lot where the side lot line is nearer than eight feet to the side curbline, the side yard shall be measured from a line located eight feet in from the side curbline.
SIGNAny message attached to any structure or part thereof or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement or intended to attract the attention of the public when the same is placed or located within its view. The word "sign" includes the words "billboard," "freestanding sign," and "interior sign," as well as any message, neon or illuminated tube or string, group or arrangement of lights, or other device, material hung, outlining, painted upon or attached to part of a building or lot, including lettering and other information on canopies and awnings, and graphic displays and murals on walls and window surfaces.
STORYThat part of a building between any floor and the floor or roof above. In computing the number of stories, any story, the ceiling of which is more than seven feet above the mean ground level along the foundation of the building, shall be deemed the first story.
STREETAn existing state, county or Village road or a road shown upon a subdivision plat duly filed and recorded in the office of the Nassau County Clerk.
STREET FRONTAGEThe extent of a lot along a street or, in the case of a lot fronting on the outside of a curvilinear section of street or on a turnaround, the length of a line parallel to the street line drawn at the minimum front yard setback depth and extended in each direction to the side lot lines. For each additional principal building or use on the same lot, an additional street frontage of the same length shall be required. In the case of a lot, other than a corner lot, adjoining more than one street, the lot owner may elect which street shall be used for computing "street frontage."
STREET LINEThe dividing line between the lot and the side line of a street. Where the lot adjoins a public street, it is ordinarily the property line. It is not the curbline, unless the curb runs along the property line.
STRUCTUREAny combination of materials forming any construction, including, without limitation, buildings, swimming pools and other recreational structures as defined herein, walls, fences, signs, antennas, gazebos, trellises, gate posts, platforms and towers. The word "structure" shall be construed as though followed by the words "or part thereof."
SURFACE COVERAGEThe horizontal area of a lot covered by all buildings, structures and other man-made surfaces, including but not limited to driveways, parking areas, swimming pools, patios, terraces and other similar features not less than four feet in width. If a detached garage is located in the rear yard of a dwelling, an area equal to 10 feet times the perpendicular distance from the frontmost wall of such garage to the front building line shall be excluded from surface coverage.
TRELLISA framework of post and beam construction whose beam width shall be no wider than four inches and shall be placed not closer than five inches apart. Trellis beams may be mechanically operated. Trellises must conform with yard regulations and may not exceed 12 feet above the mean grade along the foundation of the wall on which a building is situated.
TWO-FAMILY DWELLINGA building designed or occupied exclusively as the home or residence of two families living independently of each other.
USEIncludes both the purposes for which a building or lot is or may be devoted and the building or lot itself.
WINDOW SIGNA sign which is either temporarily or permanently attached or affixed to the interior or exterior surface of a display window and is used for advertisement, announcement, or notice, directional matter, company name or trade name which is relative to the business products or services provided.
YARDAn open, unoccupied space on the same lot as the principal building or use, which is and must be open and unobstructed from the ground to the sky, except by trees, shrubbery, telephone or electric light wires and poles, hedges, retaining walls and fences six feet or less in height.