Manorhaven City Zoning Code
ARTICLE III
Word Usage and Definitions
§ 155-5 Word usage.
Unless otherwise expressly stated, the following items, for the purpose of this chapter, shall have the meanings herein indicated: Words stated in the present tense shall also mean the future. The singular shall also mean the plural, and the plural includes the singular. The word "person" includes a corporation, partnership or other combination of persons. The word "lot" includes the word "plot" or "parcel." The word "building" includes the word "structure." The word "site" includes all property accessories. The word "shall" is mandatory and not directory and does not indicate mere futurity unless the context clearly so requires. The word "Village" means the Incorporated Village of Manorhaven or the duly designated officer to whose title it relates. The "Village Trustee," "Board of Zoning Appeals," "Planning Board," "Village Attorney," etc., mean, respectively, such officers, employees or boards of the Village of Manorhaven. The terms "occupied" or "used," as applied to any land or building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
§ 155-6 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A subordinate space outdoors the use of which is customarily incidental to that of the main building or site use on the same lot.
A subordinate building or structure the use of which is customarily incidental to that of the principal building use on the same lot.
A subordinate use to the primary use assigned to the property and based upon the ability of the property to sustain that accessory use in accordance with the zoning requirements.
The complete 43,560 square feet as accepted gross measurement and not the builder's lot description which could be the net measurement.
Any change in the supporting members of a building, such as bearing walls, columns, beams, girders or floors, or any other change which is not merely a repair or replacement of an existing part, but which would tend to enlarge or diminish the livable or usable floor area of the structure or any part thereof or cause a change in the location or height of the exterior walls or roof of the structure or make possible a greater intensity of occupancy than is permitted herein. It does not include ordinary repairs.
A dwelling unit housing a family in a two-family house or apartment house.
A building arranged by design and construction to contain more than two families, regardless of ownership form or real estate home claim.
A property owner or agent of a property owner who has filed an application for a land development activity.
[Added 3-28-2007 by L.L. No. 1-2007]
The total number of square feet of maximum perimeter horizontal surface covered by the principal building and all accessory structures. All measurements shall be made between exterior faces of walls, foundations, piers or other means of support above or below the ground level.
That space of a building which is partly below grade, which has half or more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
Any structure, either temporary or permanent, having walls and a roof designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
[Amended 3-28-2007 by L.L. No. 1-2007]
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is situated.
NONRESIDENTIAL BUILDINGA building in which is conducted the principal use upon a lot, which use is other than for dwelling purposes.
Same as "area of a building."
A building connected by one or two walls with another building.
The area of the building in proportion to the area of the lot.
A building entirely separated by open spaces from other buildings.
The line of the exterior wall of a building at ground level adjoining the building.
The person(s) appointed by resolution of the Board of Trustees to enforce the provisions of this chapter.
Any structure, except a building, positioned parallel to or perpendicular to the shore, the primary function of which is to retain soil or any other material from eroding into a waterway or protect the land from wave damage.
[Added 4-25-2001 by L.L. No. 7-2001]
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 finished grade of the ground adjoining the building.
A federally or locally designated navigation access way in the harbor as shown on the Mooring Plan or on United States National Oceanic and Atmospheric Administration (NOAA) charts.
[Added 4-25-2001 by L.L. No. 7-2001]
A commercial endeavor in which a vessel, or seaplane, is used to transport passengers and/or goods from one specific destination point to another or provides a fishing or recreational excursion and which requires docking/loading facilities, a crew, and is a service for hire.
[Added 4-25-2001 by L.L. No. 7-2001]
Any activity that removes the vegetative surface cover.
[Added 3-28-2007 by L.L. No. 1-2007]
An organization with premises, buildings and facilities catering exclusively to users paying admissions fees or charges, and their guests, for recreational, athletic or related purposes.
An organization with premises, buildings and facilities catering exclusively to dues-paying members and their guests for recreational, athletic or related purposes, and excluding commercial admission activities, except as required generally for the membership and purpose of such club. For the purposes of this definition, the terms of any membership shall be not less than 60 days.
A land development or subdivision in which lot sizes are less than the minimum required by this chapter in the R-3 District and in which the size deficiency is compensated for by reserved common open space sufficient to maintain the overall density of the development or subdivision to that density which would result if all lots were the minimum required size, but could decrease the number of dwelling units in some portions and increase the number of dwelling units in other portions of the property.
A retail sales establishment that offers for sale prepackaged foods and/or beverages for off-site consumption, which may or may not be co-located with a gasoline service station or automobile service station.
[Added 7-2-2012 by L.L. No. 1-2012]
An open and unoccupied space on the same lot and enclosed on at least three sides by walls of a building.
Those uses of the type officially recognized as such by the New York State Department of Education and the New York State Council on the Arts.
The officially established Village, town or county grade of the curb top in front of the midpoint of the lot.
The deliberate appropriation of property by its owner for general public use.
[Added 3-28-2007 by L.L. No. 1-2007]
The New York State Department of Environmental Conservation.
[Added 3-28-2007 by L.L. No. 1-2007]
The “New York State Stormwater Management Design Manual,” most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
[Added 3-28-2007 by L.L. No. 1-2007]
A person who undertakes land development activities.
[Amended 3-28-2007 by L.L. No. 1-2007]
In this chapter, each district shall be deemed to be more restricted from the districts after it in the chapter, and each district shall be deemed to be less restricted from the districts before it in this chapter.
Any permanent or seasonal structure, except a building, connected to a bulkhead or the upland and extending over the water's surface designed to secure vessels and provide access from the shore to a body of water. The term includes the terms "wharves," "piers," "fixed docks," "floating docks" or "floats."
[Added 4-25-2001 by L.L. No. 7-2001]
The natural watercourse of the watershed and its natural flow, or man-made system.
The terms "dwelling," or "one- or two-family dwelling" shall not include a rooming house, hotel, motel, tourist home or other accommodations.
SINGLE-FAMILY DWELLINGA building arranged, intended or designed for residential use only and for occupancy by one family only and containing only one kitchen.
TWO-FAMILY DWELLINGA building arranged, intended or designed for residential use and for occupancy by two families only, living independently of each other, and having only two kitchens.
The most recent version of the “New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
[Added 3-28-2007 by L.L. No. 1-2007]
A way of departing from or entering into a building or structure, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and other spaces necessary for ingress or egress.
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.
In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
The group is one which in theory, size, appearance, structure and function resembles a traditional family unit which may include bona fide domestic servants employed at the premises on a full-time basis;
The occupants must share the entire dwelling, unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
The group (excluding bona fide domestic servants) shares expenses for food, rent or ownership costs, utilities and other household expenses;
The premises are being occupied in strict accordance with all applicable health, safety and fire codes.
The group is permanent and stable. Evidence of such permanency and stability may include:
The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
Common ownership of furniture and appliances among the members of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
A commercial endeavor in which a vessel, or seaplane, is used to transport passengers and/or goods from one specific destination point to another and which requires docking/loading facilities, a terminal, a crew, and maintains a set schedule.
[Added 4-25-2001 by L.L. No. 7-2001]
The interior portion of a building, measured from the exterior of the outside wall to the exterior of the opposite outside wall, including all principal use space, but not including cellars.
The total floor area of all buildings on the lot divided by the total lot area.
The face parallel to the road or drive and which contains the main access to the building. If the main entrance is not located in such face, the Code Official may designate which face of the structure is the front.
PRIVATE GARAGEAn accessory building or part of a main building used mainly for the storage of motor vehicles, for occupants of the building, as an accessory use.
PUBLIC GARAGEA building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for remuneration, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire; also known as a "filling station" or "motor vehicle repair shop."
The elevation of the center line of the street as officially established by state, county, town or Village authorities.
The elevation of completed surface of lawns, walks and roads as shown on an approved site plan.
Excavation or fill of material, including the resulting conditions thereof.
[Added 3-28-2007 by L.L. No. 1-2007]
The number of square feet of horizontal surface not covered by the principal building and accessory buildings. All measurements shall be made between exterior faces of walls, foundations, piers or other means of support above or below the ground level.
The "height of a building" is measured from the location established for each use district to the highest level of the roof, excluding elevator shafts, enclosures of mechanical equipment, parapets or stairs in commercial and industrial zones.
Includes a sanatorium, clinic/rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments on an overnight basis and shall not be permitted in the Village. It does not include a day facility such as a center, clinic, medical group or other use which is permitted in commercial service district with a special use permit.
A building or buildings in which lodgings are provided for persons primarily transient and are offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office, supervised by a person in charge at all times. A "hotel" may include an accessory restaurant or coffee shop or other facilities primarily for the services of hotel guests. Other transient facilities, such as a boatel, motel, motor court, tourist home or other similar use, are included under this term and not permitted under this chapter.
Any vessel in fact used for residential purposes.
[Added 4-25-2001 by L.L. No. 7-2001]
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).
[Added 3-28-2007 by L.L. No. 1-2007]
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
[Added 3-28-2007 by L.L. No. 1-2007]
The process of percolating stormwater into the subsoil.
[Added 3-28-2007 by L.L. No. 1-2007]
A parcel of land not traversed by a street or right-of-way.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
[Added 3-28-2007 by L.L. No. 1-2007]
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
[Added 3-28-2007 by L.L. No. 1-2007]
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
[Added 3-28-2007 by L.L. No. 1-2007]
Any boundary line of a lot.
The dividing line between the lot and the street.
All horizontal space within the inside of exterior or party walls of the dwelling, exclusive of garages, cellars, heater rooms and crawl space, open or unheated porches and breezeways, but including the area of all heated livable rooms, kitchens and bathrooms, and the area of all attic space having a clear height of at least 5 1/2 feet from finished floor level to pitch of roof rafter and seven feet nine inches from finished floor level to ceiling level over 50% of the area of such attic space shall also be considered and called "habitable space."
Any off-street space available for the loading or unloading of goods, not less than 14 feet wide and 35 feet long, having direct usable access to a street, except that where one such "loading space" has been provided, any additional "loading space" lying alongside, contiguous to and not separated from such first "loading space" need not be wider than 12 feet.
The local program as approved by the New York State Secretary of State pursuant to the Waterfront Revitalization (and Coastal Resources) of Coastal Areas and Inland Waterways Act of 1981 (WRCRA) 1986, as amended (Executive Law Article 42).
[Added 4-25-2001 by L.L. No. 7-2001]
A parcel of land, separately bounded, whether vacant or occupied or to be occupied by a building and its accessory building, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated and having street frontage on an improved and dedicated public street equal to the minimum lot width requirements. A lot or lots must be duly recorded.
[Amended 3-23-1988 by L.L. No. 2-1988]
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets.
INTERIOR LOTA lot other than a corner lot.
LOT AREAThe total horizontal area included within lot lines.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT WIDTHThe minimum width of a lot, measured perpendicular to the depth of the lot at the minimum zoning setback line established for the district.
REAR LOT LINEThe lot line 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 a lot, and farthest from the front lot line.
LOT COVERAGESame as "building coverage."
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
[Added 3-28-2007 by L.L. No. 1-2007]
Shall have the same definition ascribed to "marijuana" in § 3302 of the New York Public Health Law.
[Added 4-17-2019 by L.L. No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
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.
[Added 4-17-2019 by L.L. No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
A building, structure or premises engaged in the sale, use or distribution of marijuana and/or marijuana products for nonmedical use. A building, structure or premises shall be considered a marijuana retail store regardless of whether products in addition to marijuana products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of marijuana or marijuana products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.
[Added 4-17-2019 by L.L. No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
A dock or a commercial mooring area, operated for profit and to which public patronage is invited, providing mooring or docking facilities for boats or vessels within the area of the Village of Manorhaven.
[Added 4-25-2001 by L.L. No. 7-2001]
A use permitted by § 155-18 in the Commercial Marine (C-1) District.
[Added 4-25-2001 by L.L. No. 7-2001]
A use that conserves natural resources and open space in order to provide opportunities for public enjoyment of and education about natural resources.
[Added 4-25-2001 by L.L. No. 7-2001]
A use that provides recreational opportunities on lands owned by the government or a not-for-profit corporation, the primary benefit being for the public.
[Added 4-25-2001 by L.L. No. 7-2001]
The mean calculated from the average of the yearly high tides.
[Added 6-26-2002 by L.L. No. 3-2002]
Shall have the same definition ascribed to medical marihuana in § 3360 of the New York Public Health Law.
[Added 4-17-2019 by L.L. No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
A building, structure or premises authorized by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.
[Added 4-17-2019 by L.L. No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
An intermediate floor between the floor and ceiling of any space that is completely open on at least one side, which provides adequate visibility at its widest side and which does not exceed more than 1/3 of the floor area of the space wherein the "mezzanine" is located.
A building which has a permitted nonresidential use on the street level and the residential use of the level(s) above.
[Added 3-23-2005 by L.L. No. 1-2005]
The attachment of a vessel to a pier or dock or other structure or the attachment to the ground or lands underwater by means of tackle so designed that, when such attachment is terminated, some portion of the tackle remains below the surface of the water and is not under the control of the vessel or its operator.
[Added 4-25-2001 by L.L. No. 7-2001]
A waterway having a depth of at least 4 feet at mean low water as defined by the Nassau County Datum Plane.
[Added 4-25-2001 by L.L. No. 7-2001]
Use of a building or land which does not conform to the regulations as to use for the district in which it is situated established prior to the adoption of this chapter.
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include but not be limited to pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
[Added 3-28-2007 by L.L. No. 1-2007]
A notification, in writing, delivered in person to the individual or to the parties intended or delivered at or sent by registered or certified mail to the last known business or home address of the person or persons to be notified.
As applied to a building or premises, this term shall be construed as though followed by the words "or intended, arranged or designed to be occupied."
A building designed and intended to be used for any type of commercial office use for service occupations.
An area of land or water or a combination of land and water on which no principal building or accessory structure building exists, except that "open space" may contain underground structures and improvements related to a primary use or principal use, such as patios, driveways, walks and other features.
An aisle, exclusive of parking space or storage space.
A space which has a width of 10 feet and depth of 20 feet and which is directly accessible and available for the parking of one vehicle from a parking aisle or equivalent access or turning area. It does not include the area to be used for boat or other storage space, except as specifically provided in this chapter.
An enclosed common area for pedestrian and decorative use, no portion of which shall be used or occupied for sales or business purposes, not including a kiosk.
The in-water boundary of an area consisting of a series of connected lines on a plan, map, other diagram or chart drawn generally perpendicular and parallel to the shore and that encompasses all related marine structures (dock, bulkheads, pilings, piers, platforms or moorings) that function together to create an area at which vessels may be docked and is a component of an adjacent upland facility or use. Each perimeter will contain a fairway for access purposes to a marine commercial use or marine recreational use. The fairway will be a fifteen-foot buffer area on either side of the dock perimeter line. "Dock perimeter" is the same as perimeter.
[Added 4-25-2001 by L.L. No. 7-2001]
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
[Added 3-28-2007 by L.L. No. 1-2007]
An individual or grouping of poles or posts, secured to underwater land, protruding above the water surface, the sole purpose of which is to secure a dock(s), floating docks or other such structure(s) and vessels. The pile or spile should be considered ancillary to the structure(s).
[Added 4-25-2001 by L.L. No. 7-2001]
A horizontal surface structure which extends out from land adjacent to a waterway and cantilevered or held in place by pilings, designed to gain access to a ramp or float.
[Added 4-25-2001 by L.L. No. 7-2001]
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
[Added 3-28-2007 by L.L. No. 1-2007]
Land development activity.
[Added 3-28-2007 by L.L. No. 1-2007]
A physical link between a publicly owned roadway or land and an area adjacent to the shore, as well as access along the shore. Public access facilities include, but are not limited to, shoreline walkways, boat ramps and dock facilities. Public access to coastal lands and water shall be achieved if one or more of the following levels of public access is provided:
[Added 4-25-2001 by L.L. No. 7-2001]
A structure used to gain access from a bulkhead, fixed dock or platform to a float.
[Added 4-25-2001 by L.L. No. 7-2001]
The replenishment of underground water reserves.
[Added 3-28-2007 by L.L. No. 1-2007]
A commercial research use establishment for the design, testing and engineering of products, services and methods, but not for the production of goods or products for sale, and not including the testing of animals.
A building or portion thereof used for the preparation and sale of food for consumption within such building under permit from the County Health Department.
A sloped structure, usually made of stones, built parallel to the shoreline to protect existing land or newly created embankments against erosion by wave action, currents or weather.
[Added 4-25-2001 by L.L. No. 7-2001]
Land over which persons other than the owner have access or passage by foot or vehicle.
A structure or dwelling unit or portion thereof used for transient lodgers or for rental of individual rooms for any period of time to nontransients, which may also have facilities for cooking and serving meals and otherwise conforming to the definition of a "hotel," which is not permitted under this chapter. For these purposes, the rental of individual rooms in a dwelling unit to separate individuals shall constitute a "rooming or boarding house" and is prohibited under the Zoning Code.
[Amended 2-28-1996 by L.L. No. 2-1996]
Measures that prevent eroded sediment from leaving the site.
[Added 3-28-2007 by L.L. No. 1-2007]
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
[Added 3-28-2007 by L.L. No. 1-2007]
Any device or representation for visual communication used as or which is in the nature of an advertisement, announcement or direction, including any letter, word, model, banner, pennant, insignia or trade flag, but excluding any traffic control devices. It applies to such communication freestanding, affixed or attached to or painted or represented on a structure.
The berthing place for a single vessel alongside the shore, dock or structural installation.
[Added 4-25-2001 by L.L. No. 7-2001]
An entity established pursuant to the provisions of the Not-For-Profit Corporation Law or other similar law which is the owner, lessee or occupant of an establishment operated solely for a recreational, social, patriotic, benevolent or athletic purpose, and not for pecuniary gain, whose membership consists of persons duly admitted thereto in accordance with its bylaws and who pay annual or commuted dues in accordance with such bylaws, such as a noncommercial membership club.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
[Added 3-28-2007 by L.L. No. 1-2007]
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.
[Added 3-28-2007 by L.L. No. 1-2007]
The use of practices that prevent exposed soil from eroding.
[Added 3-28-2007 by L.L. No. 1-2007]
An order issued which requires that all construction activity on a site be stopped.
[Added 3-28-2007 by L.L. No. 1-2007]
Rainwater, surface runoff; snowmelt and drainage.
[Added 3-28-2007 by L.L. No. 1-2007]
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
[Added 3-28-2007 by L.L. No. 1-2007]
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
[Added 3-28-2007 by L.L. No. 1-2007]
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
[Added 3-28-2007 by L.L. No. 1-2007]
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
[Added 3-28-2007 by L.L. No. 1-2007]
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
[Added 3-28-2007 by L.L. No. 1-2007]
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
[Added 3-28-2007 by L.L. No. 1-2007]
Flow on the surface of the ground resulting from precipitation.
[Added 3-28-2007 by L.L. No. 1-2007]
The portion of a building included between the surface of any floor, except the mezzanine or cellar, and the surface of the floor next above it or, if there is no floor above it, the underside of the ceiling or roof surface directly above it. A basement shall be counted as a "story." No basement space shall be used for any principal use purposes unless the height thereof, from finished floor to ceiling, is at least seven feet six inches, and at least five feet thereof is above the average level of the adjacent ground, and unless the window area thereof equals at least 10% of the floor area of such space so used. Such noncomplying space shall be considered a cellar in which no principal use is permitted.
A public thoroughfare, however designated, which affords the principal means of access to abutting property or buildings.
Anything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground, including a tent, solar panel, stand, platform, tower, antenna, tank, bin, well, gate or other form of bulk space.
Anything affixed to or placed upon the Manhasset Bay bottom, including, but not limited to, a pier, wharf, dock, bulkhead, jetty or groin.
[Added 4-25-2001 by L.L. No. 7-2001]
Lakes, bays, sounds ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
[Added 3-28-2007 by L.L. No. 1-2007]
A paved yard area, exclusive of driveways, driveway aprons and walks.
Bottom lands of Manhasset Bay and its inlets and coves falling below the mean high tide line.
[Added 6-26-2002 by L.L. No. 3-2002]
Lands above the mean high tide line.
[Added 6-26-2002 by L.L. No. 3-2002]
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
[Added 3-28-2007 by L.L. No. 1-2007]
A channel that directs surface runoff to a watercourse or to the public storm drain.
[Added 3-28-2007 by L.L. No. 1-2007]
The specific purpose for which land or a building is designed, arranged or 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 nor negate the need for a permit for such use.
A motor-driven vehicle designed or used for commercial purposes, including the transportation of goods, wares or merchandise or passengers for hire.
Every description of watercraft, floating boat or other floating object used or capable of being used as a means of transportation over the water, other than an aid to navigation or mooring buoy.
[Added 4-25-2001 by L.L. No. 7-2001]
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
[Added 3-28-2007 by L.L. No. 1-2007]
An activity or use requiring direct access to water which can be conducted only on, in, over or adjacent to Village waterways, which involves, as an integral part of the such activity, the use of waterways, and which therefore cannot be located inland.
[Added 4-25-2001 by L.L. No. 7-2001]
Any structure in, on or over the waterway utilized primarily in connection with a water-dependent use.
[Added 4-25-2001 by L.L. No. 7-2001]
A use that does not require a location on or adjacent to coastal waters to function, but whose location on the waterfront could add to public enjoyment and use of the water's edge, if properly designed and sited. Water enhanced uses are generally of a recreational, cultural, commercial or retail nature.
[Added 4-25-2001 by L.L. No. 7-2001]
A waterborne vessel, requiring a driver, which transports passengers, upon request and for a fare, from a pick-up point to a destination, both of which are identified by the passengers. The vessel is subject to Coast Guard certification.
[Added 4-25-2001 by L.L. No. 7-2001]
All waters within the geographical limits of the Village of Manorhaven or otherwise subject to its jurisdiction.
[Added 4-25-2001 by L.L. No. 7-2001]
The Committee established under Chapter 151 of this Code.
[Added 4-25-2001 by L.L. No. 7-2001]
An open space on the same lot with a building or a group of buildings, which open space lies between the buildings or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as provided in this chapter. In measuring a "yard," the line of a building shall mean a line parallel to the nearest lot line, drawn through the point of a building or the point of a group of buildings nearest to such lot line (exclusive of the respective features specified in this chapter as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively) and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
FRONT YARDA yard extending across the full width of the lot and lying between the front property line and the nearest line of the building.
REAR YARDA yard extending across the full width of the lot and lying between the rear property line of the lot and the nearest line of the building.
SIDE YARDA yard between the side line of the lot and the nearest line of the building and extending from the front lot line to the rear lot.