For the purposes of this chapter, certain words and terms used herein are defined as follows:
ALTERTo change or rearrange the structural parts or the exit facilities of a building or structure, including extension on a side or increase in height, or the moving from one location or position to another.
AREA, BUILDINGThe total of areas taken on a horizontal plane at the main grade level of main buildings and all accessory buildings, including gross area within exterior walls exclusive of uncovered porches, parapets, steps and terraces.
AREA, FLOORAll floor area within the exterior walls of a building, but not to include open porches or breezeways, garages, basements or uninhabitable attic space. A split level house with the principal floor at a different level not exceeding four feet shall be considered a one-story dwelling.
BASEMENTThat portion of a building wholly or partly underground and extending no more than five feet above average finished grade.
BEACHThe zone of unconsolidated earth extending landward from the mean high-water line to the waterward toe of a dune or bluff, whichever is most waterward. Where no dune or bluff exists landward of a "beach," the landward limit of a "beach" is 100 feet landward from the mean high-water tide. Shorelands subject to seasonal or more frequent overwash or inundation are considered to be "beaches."
[Added 6-27-1991 by L.L. No. 7-1991]
BLUFFAny bank or cliff with a precipitous or steeply sloped face adjoining a beach or body of water. The seaward limit of a "bluff" is the landward limit of its waterward natural protective feature, such as a beach or dune. Where no waterward natural protective feature, such as a beach or dune, is present, the waterward limit of a "bluff" is mean high water. The landward limit of a "bluff" is 100 feet landward of the ridge line of the "bluff."
[Added 6-27-1991 by L.L. No. 7-1991]
BUILDINGAny fixed structure having a roof and intended for the shelter, housing or enclosure of person, animals or chattels.
BUILDING, ACCESSORYA subordinate building, the use of which is customarily incidental to that of a main building on the same lot.
BUILDING, MAINA building in which is conducted the main or principal use of the lot on which such building is situated.
COVERAGEThat percentage of the lot area covered by the building area.
DWELLINGA building designed or used exclusively as living quarters and shall not be deemed to include motel, hotel, rooming house or tourist home, mobile home, trailer, camping car, tent or other similar temporary or mobile structure.
DWELLING, ONE-FAMILYA detached building occupied by a single family or housekeeping unit, and not used as a so-called "model house" for promoting the sale of improved or unimproved property.
FAMILYFive or fewer persons occupying a dwelling unit, or six or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
[Amended 12-19-2006 by L.L. No. 5-2006]
(1) It shall be presumptive evidence that six 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.
(2) In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
(a) 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.
(b) 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.
(c) The group (excluding bona fide domestic servants) shares expenses for food, rent or ownership costs, utilities and other household expenses.
(d) The premises is being occupied in strict accordance with all applicable health, safety and fire codes.
(e) The group is permanent and stable. Evidence of such permanency and stability may include:
[1] The presence of minor dependent children regularly residing in the household who are enrolled in local schools.
[2] Members of the household have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes;
[3] Members of the household are employed in the area;
[4] The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units;
[5] Common ownership of furniture and appliances among the members of the household; and
[6] The group is not transient or temporary in nature.
(f) Any other fact reasonably related to whether or not the group is the functional equivalent of a family.
FARM, FARM USE, CUSTOMARY FARM OCCUPATIONThe use of a parcel of land, either as a principal or accessory use, for the purpose of the commercial production of agricultural, floricultural, vegetable and fruit products of the soil, livestock and meats, dairy products, nuts, honey and wool, but shall not include maintaining riding academies and livery stables or commercial kennels. A garden, accessory to a residential use, shall not be deemed a "farm" or "farm use." A "customary farm occupation" shall be the conducting of usual farm activities and shall include the processing of the products of only the farm on which such processing is conducted.
FRONTAGEThe extent of a parcel of land along a street.
FRONT YARD SETBACK LINEA line parallel to the front lot line and a distance therefrom equal to the required minimum front yard for the district in which located.
GARAGE, PRIVATEAn accessory building or part of a main building used primarily for the storage of motor vehicles as an accessory use.
GRADE, FINISHEDThe elevation, at any point along a wall of a building, of the completed surfaces of lawns, gardens, walks or roads adjoining such wall at that point.
HEIGHT OF BUILDING OR STRUCTUREThe vertical distance measured from the average elevation of the finished grade (finished grade = existing undisturbed grade and/or final grade as established on an approved site plan). The vertical distance shall be measured on each side of the building to the highest point of the roof for flat roofs, to the deck line of a mansard roof and to the average height between the eaves and the ridge for gable, hip and gambrel roofs. The maximum height of structure shall not exceed 40 feet for gable, hip and gambrel roofs. The maximum height for all other roofs shall not exceed 35 feet.
[Amended 10-17-2000 by L.L. No. 1-2000]
HOUSE TRAILERAny portable or mobile vehicle used or designed to be used for living or sleeping purposes, and shall include such a vehicle if mounted on temporary or permanent foundations with or without the wheels in place.
LOTA, parcel of land, not divided by or lying within a street or streets, occupied or to be occupied by a building or buildings and accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street or on such other means of access as may be deemed, in accordance with the provisions of law, to be adequate for purposes of issuing a building permit for a building on such land.
(1) LOT, CORNERA lot of which at least two adjacent sides abut on streets or public places.
LOT AREAThe total area included within lot lines when measured in accordance with the provisions of §
128-17.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT LINESThe property lines bounding a lot as defined herein.
(1) LOT LINE, FRONTThe property line or lines separating the lot from the street or streets.
LOT WIDTHThe mean width of a lot measured at right angles to its depth, measured at the main building line.
NONCONFORMING USEA use of a building or of land that does not conform to the regulations as to the use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.
PARKING SPACEAn off-street space, available for the parking of one motor vehicle on a transient basis, having dimensions of not less than 10 feet by 20 feet, exclusive of passageways and driveways appurtenant thereto, and giving access thereto, and having direct usable access to a street or right-of-way.
SIGNAny device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, and including any badge or insignia of any municipal agency or any civic, charitable, religious, patriotic or fraternal or similar organization.
STEEP SLOPEAny hillside, bank, cliff or area of land with a gradient of, or greater than, 25% over a horizontal length of at least 25 feet and extending for a horizontal width of at least 25 feet.
[Added 6-27-1991 by L.L. No. 7-1991; amended 8-16-2005 by L.L. No. 3-2005]
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a "story" if its ceiling is more than five feet above the level from which the height of the building is measured.
STORY, HALFA story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
STREETA public or private thoroughfare devoted to vehicular and pedestrian movement, including a road or right-of-way, permanently open to common and general use, over which the abutting owners have the rights of access, air and light, which thoroughfare has been established as part of a subdivision approved by the Village Planning Board or as part of a subdivision plat recording in the office of the County Clerk of Suffolk County or which thoroughfare existed prior to the date that the Village regulated the subdivision of land. A private driveway shall not be considered a "private street" unless or until a right-of-way or easement therein is vested in more than one ownership.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to signs, swimming pools, tennis courts, docks, retaining or other types of walls and fences.
USEThe 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.
USE, ACCESSORYA use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith and limited to the uses specifically permitted for the zoning district in which it is located.
VILLAGE BOARDThe duly elected Village Board of Trustees of the Village.
YARDA required open space of uniform width or depth, as the case may be, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the appropriate lot line and is unoccupied and unobstructed from the ground upward, except for certain features specified in §§
128-26 through
128-29. In measuring a yard, as hereinafter provided, the "line of a building" shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid sections as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively and shall be at right angles from such line of the building to the nearest lot line. Thus, as set forth in §
128-24, the required minimum front, rear and side yard dimensions shall refer to the parallel distance between the appropriate lot line and the nearest point of any building situate on the lot.
YARD, FRONTA yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
YARD, REARA year extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDEA yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard.