Definition of words and terms. As used in this chapter, unless the context or subject matter otherwise requires, the following words and terms shall have the following meanings:
ACCESSORY BUILDINGA building or structure which is subordinate and accessory to the principal use or building on the same lot and which is used for purposes customarily incidental to those of said principal building or use, such as and including, without limitation, a private garage; bathhouse; cabana; private toolhouse; private children's playhouse; private tennis house; private stable; and noncommercial greenhouse, which said accessory building shall be separated from the principal building on said lot at all points by a horizontal minimum distance of 10 feet. Any accessory building attached to the principal or main building or less than 10 feet therefrom at any point shall be considered part of the principal building.
ACCESSORY USEA use or occupancy customarily incidental to the principal use or occupancy of the main building or lot.
AGRICULTURAL CROPSPlant crops intended for consumption by humans or animals, and shall not include the breeding, raising or keeping of farm animals or the growing of nursery stock.
[Added 8-19-2019 by L.L. No. 2-2019]
AGRICULTUREThe growing of agricultural crops.
[Amended 8-19-2019 by L.L. No. 2-2019]
AIRCRAFTAs defined by Chapter
22 of this Code.
[Added 8-21-2017 by L.L. No. 3-2017]
ALTERATIONS AS APPLIED TO A BUILDING OR STRUCTUREA change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on the front, rear, or on a side or by increasing in height, or the moving from one location or position to another.
APPROVEDApproved by the Building Inspector under the regulations of this chapter, or approved by an authority designated by law or this chapter.
BASEMENTThat portion of a building located wholly or partially underground immediately beneath the first floor of a building where the first floor elevation of the building is more than five feet above the average finished grade extending for a width of at least 10 feet around the perimeter of the building. A basement shall be counted as a story and included in floor area. (See definitions of "cellar," "floor area" and "story.")
BUILDINGA structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof which could afford shelter to persons, animals, or property, whether or not actually used for such shelter.
BUILDING AREAThe aggregate of the maximum horizontal cross-section area of all the buildings projected on a lot excluding such cornices, eaves, gutters, or chimneys as project not more than 24 inches, all steps, one-story open porches, bay windows not extending through more than one story and not projecting more than five feet, and balconies.
BUILDING LINEThe line established by law, or regulation, beyond which no part of a building, other than parts expressly permitted, shall extend.
CELLARThat portion of a building located wholly or partially underground immediately beneath the first floor of a building where the first floor elevation of the building is less than five feet above the average finished grade extending for a width of at least 10 feet around the perimeter of the building. A cellar shall not be counted as a story and not included in floor area. (See definitions of "basement," "floor area" and "story.")
CHURCHAny structure used for worship or religious instruction, including social and administrative rooms accessory thereto.
CLUBAny organization catering exclusively to its members and their guests, premises and buildings which are used for recreational or athletic purposes, which are not conducted primarily for gain, providing there are not conducted any vending stands, merchandising or commercial activities except as required for the membership and purposes of such club; it shall include fraternal, social and service organizations. Any such organization's premises or building which provides sleeping accommodations for more than five persons shall be considered a multiple dwelling.
CLUBHOUSEA building to house a club or social organization not conducted for private profit which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
CORNER LOTA parcel of land at the junction of and bounded on two or more sides by intersecting streets.
DWELLINGAny building or structure, or part thereof, used and occupied for human habitation, or intended to be so used.
DWELLING UNITA complete self-contained residential unit, with living, sleeping, cooking, sanitary facilities within the unit, for use by only one family.
FAMILYOne or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
,[Amended 4-18-2016 by L.L. No. 1-2016]
(1) The group shares the entire dwelling unit.
(2) The group lives and cooks together as a single housekeeping unit.
(3) The group shares expenses for food, rent, utilities or other household expenses.
(4) The group is permanent and stable, and not transient or temporary in nature.
(5) Any other factor reasonably related to whether the group is the functional equivalent of a family.
FARMAny lot or parcel of contiguous land at least five acres in area which is used by one farm operator for the growing of agricultural crops and which has only such buildings and other accessory uses as are specifically provided for herein as accessory farm uses.
[Amended 8-19-2019 by L.L. No. 2-2019]
FARM OPERATORThe individual, family, corporation or other entity which operates a farm.
[Added 8-19-2019 by L.L. No. 2-2019]
FLOOR AREAThe sum of the gross horizontal areas of the several floors in each story of a building measured from the exterior face of the exterior walls of such building, without exclusion of any areas of the floors being measured whatsoever (i.e., including, without limitation, enclosed porches, enclosed breezeways, attached garages, closets, kitchens, bathrooms, corridors, basements, partitions and stairwells), except that cellar and half-story floor areas shall not be included. Open porches equal to or less than 10% of the maximum permitted floor area shall not be included in floor area. Open porches greater than 10% of maximum permitted floor area shall be included in floor area. Any upper story of a building with at least two opposite exterior side walls of not less than two feet above the surface of the floor of such story which sides meet a sloping roof shall be counted as a story and includable as floor area. Further, for horizontal floor areas where the floor to ceiling height is 14 feet or greater, twice the horizontal areas shall be included in floor area.
FRONT LOT LINEIn the case of a lot abutting upon only one street, the street line, and, in the case of a corner lot, the street line which is designated as the front lot line in an application for a building permit to erect or alter a building on such lot, or, if not so designated, the street line from which the principal building sets back the greatest distance, or, if its setback is equidistant from two or more street lines, the street line which is nearest to the main entrance of the principal building, or, if such lot extends through a block so that the lot abuts on two streets, the street lines separating the lot from each of said streets, in which case, the front setback regulations shall apply to such lot with regard to each of such front lot lines, and the rear setback regulations shall not apply to such lot.
GARAGE, PRIVATE, NONCOMMERCIALA building used for the housing of one or more noncommercial motor vehicles or conveyances owned and used by the owner or tenant of the lot on which it is erected for a purpose and for a use except incidental to the use of the lot. When attached to the principal building by means of a covered breezeway, it shall be deemed a part of the principal building.
[Amended 5-20-1985 by L.L. No. 4-1985]
HEIGHTAs applied to a building, the vertical distance from the mean level of the grounds immediately surrounding the building to a point midway between the highest and lowest points of the roof provided that chimneys shall not be included in the height.
[Amended 5-20-1985 by L.L. No. 4-1985]
HOME OCCUPATIONA subordinate use of a nonresidential nature which is conducted within a dwelling unit, by an occupant of the dwelling unit, which is clearly incidental and accessory or secondary to the use of the property for residential purposes, and which meets the following additional conditions:
(1) The occupation or activity shall be carried on wholly within the principal building.
(2) No person outside the resident household shall be employed in the occupation or as assistants.
(3) There shall be no exterior display or sign except as permitted under this chapter, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the lot or of the surrounding neighborhood.
(4) No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced.
(5) The home occupation shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the occupation shall be met off the street and in accordance with the regulations of this chapter.
LOTA portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.
[Amended by L.L. No. 1-1987]
LOT AREA or NET LOT AREAThe land area within the legal boundaries of a lot measured only to the street line or lines on which the lot abuts. It shall not include any portion of the lot:
(1) Where the distance between the side lot lines is less than 50% of the length of the minimum front lot line required in the zoning district in which the lot is situated;
(2) Which lies within a driveway, right-of-way or access easement serving any other lot or lots;
(3) Underwater to the extent that the underwater portion exceeds 10% of the minimum lot area for the zoning district in which the lot lies, or, where a lot lies within two zoning districts, to the extent that the underwater portion exceeds 10% of the minimum lot area required for the less-restrictive zoning district;
(4) Within an area which has been designated or mapped as a freshwater wetlands by the New York State Department of Environmental Conservation or the Village of Old Brookville or by any other municipal or governmental agency having jurisdiction over the same; or
(5) Is a designated conservation easement set aside as part of a subdivision approved by the Planning Board.
LOT COVERAGEThat percentage of the net lot area covered by the combined area of all buildings or structures on the lot, as well as all areas on the ground or elevated above the ground which are comprised of materials such as brick, asphalt, concrete, masonry, lumber, gravel or paving stones, including partially opened paving stones, and including elements such as swimming pools, courtyards, volleyball courts, tennis courts and other recreational courts, decks, patios, terraces and, also, those driveways which are made of compacted dirt or improved with gravel, crushed stone or other paving material.
LOT WIDTHThe width of a lot measured parallel to the front lot line at the minimum required front setback.
OPEN PORCHA roofed over area attached to the principal dwelling which may be supported by columns or piers without any enclosing walls, screens, or other material higher than 42 inches.
OPEN SPACE PROTECTION PURPOSESThe leaving of land in its natural undeveloped state, maintaining land as meadow, or the use of land for a farm.
[Added 8-19-2019 by L.L. No. 2-2019]
PARKSOpen spaces used exclusively for passive recreation and for no other purpose and having only such accessory uses as are specifically provided for herein as accessory park uses.
[Added 8-19-2019 by L.L. No. 2-2019]
PARKING SPACEThe area required for parking one automobile shall not be less than 10 feet wide and 20 feet long and shall not include passageways and driveways giving access thereto.
PASSIVE RECREATIONAny noncommercial recreational or educational activity that can be performed outdoors with minimum disturbance of an area's natural condition, landscape or topography, such as walking, hiking and birdwatching, and, without limitation, shall not include entertainment, active play, exercise, sports, public theater, cinema, music performances, tennis, swimming, baseball, basketball, golf, Frisbee, track and field events, soccer, lacrosse, polo, horseracing, dog-racing and the like.
[Added 8-19-2019 by L.L. No. 2-2019]
PHYSICALLY HANDICAPPEDIncludes only those not under treatment for or affiliated with communicable diseased, mental disability, insanity, epilepsy, alcoholism or drug addiction.
REAR LOT LINEThe property line bounding a lot which is most parallel to 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 lot line not less than 50 feet long, lying wholly within the lot and farthest from the front lot line.
REAR YARDAn open space on the same lot with a principal building, between the rear wall of the principal building and the rear lot line, and unoccupied except for accessory buildings. In the case of a corner lot, the owner may designate any interior lot line as the rear lot line, provided that the minimum setback from the rear lot line is met pursuant to the appropriate articles and sections of this chapter.
RENTA return, in money, property or other valuable consideration (including payment in-kind or services or other thing of value), for use and occupancy or the right to the use and occupancy of a dwelling or portion thereof, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
[Added 2-25-2019 by L.L. No. 1-2019]
RENTAL DWELLINGA dwelling or portion thereof established, occupied, used or maintained for rental occupancy.
[Added 2-25-2019 by L.L. No. 1-2019]
RENTAL OCCUPANCYThe occupancy or use of a dwelling or portion thereof by one or more persons other than the owner or a family member of the owner as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. There is a rebuttable presumption that any occupancy or use of a dwelling or dwelling unit is a rental occupancy if the owner of the building containing the dwelling does not reside in the same building.
[Added 2-25-2019 by L.L. No. 1-2019]
SCHOOLA public, private or church-affiliated establishment academically below the college level, for the education of children and/or adults in subjects or skills.
SETBACKThe smallest horizontal distance between any part of a building or structure and any part of a front, side or rear lot line. Such distances shall be referred to, respectively, as front setback, side setback, and rear setback.
SHORT-TERM RENTAL PROPERTY(1) A rental dwelling with a rental occupancy for a period of less than 90 consecutive days. For the purposes of this chapter, the term "short-term rental property" shall mean all non-owner-occupied dwelling units rented for a period of less than 90 consecutive days and shall not include:
(a) Properties used exclusively for nonresidential commercial purposes lawfully permitted and occurring within Business District 1 or Business District 2; or
(b) Properties used for commercial filming for which a permit has been duly issued by the Village Clerk under Chapter
125 of this Code.
(2) There shall be a rebuttable presumption that a dwelling or dwelling unit is being used as a short-term rental property if the dwelling, dwelling unit or any room therein is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like, or offered for lease in any medium for a period of less than 90 consecutive days.
SIDE LOT LINEThe property line or lines extending from the front lot line to the rear lot line.
SIDE YARDAn open unobstructed space on the same lot with a building between the building and the side line of the lot and extending through from the front to the rear yard, into which space there is no extension of building parts other than eaves with an overhang of not more than two feet, rainwater leaders, windowsills and other such fixtures; open steps; and bay windows not more than 12 feet wide, at one floor level only, and projecting for a distance not to exceed two feet.
SIGNIncludes the word "billboard" and shall be deemed to mean any advertising structure, sign, picture, word or device for the advertisement thereon or thereby of any commodity, service or thing.
SPECIAL USE PERMITShall mean the same as "special permit."
[Added 8-19-2019 by L.L. No. 2-2019]
STABLE, PRIVATEA building used for the housing of one or more horses owned and used by the occupant of the lot on which it is erected for a purpose accessory to the use of the lot, such horses not to be let for commercial purposes.
STORYThat portion of any building included between the surface of any floor and the surface of the floor or roof next above it, or if there is no floor above it then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted as a story for the purpose of determining the permitted number of stories and shall be includable in floor area. A cellar shall not be counted as a story for the purpose of determining the permitted number of stories.
STORY, HALFThe uppermost story of a building with at least two opposite exterior side walls extending not more than two feet above the surface of the floor of such story, which sides meet a sloping roof. The floor area of a half story shall not be included in floor area.
STREETA thoroughfare dedicated and accepted by a municipality for public use or legally existing on any map of a subdivision filed in the manner provided by law, including private roads.
[Amended 5-20-1985 by L.L. No. 4-1985]
STREET LINEA line dividing a lot, plot, or parcel from a street.
STRUCTUREAny combination of materials forming any construction, erected with a fixed location on the ground or the use of which requires location on the ground, such as but not limited to: buildings, garages, tool houses or sheds, greenhouses, children's play houses, tree houses, outside garbage or other bins, stables, barns, kennels for dogs or other animals, rabbit hutches, runs for dogs or other animals, riding rings, paddocks, corrals or other roofless fenced enclosures for animals, roofed enclosures for animals, fountains or reflecting or other pools, and swimming pools, whether above or below ground (including filters, heaters and other mechanical equipment, and/or appurtenant bath houses or cabanas, tennis courts and/or appurtenant tennis houses, walls, fences, gates, gate posts, statues, signs, billboards, poster panels, tents, gazebos, pergolas, arbors, trellis, clothes lines, posts or other drying structures, trash or other burners, air-conditioning equipment, units or compressors, heat exchangers or aboveground heating tanks, solar collectors, generators, utility meters, platforms, porches, verandas, outdoor decks or patios, paved area used principally as a recreational area, TV antennas or dish antennas, radio or television towers and/or antennas, communication antennas used for the receiving or sending of communication signals, standpipes, transmission or distribution lines, towers and/or poles, trailers, campers, mobile homes (whether movable or stationary) and enclosures therefor, stadiums, reviewing stands, windmills, observation towers, staging, gasoline tanks or pumps (whether above or below ground), any of the foregoing or other structures, whether permanent or temporary, and any structure over one foot above ground. The word "structure" shall be construed as though followed by the words "or part thereof."
[Amended 5-20-1985 by L.L. No. 4-1985]
SWIMMING POOLAny body of water or receptacle for water having a depth at any point greater than one foot, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above ground. A swimming pool shall be deemed a structure for all purposes under the provisions of this chapter. For purposes of this chapter, the small plastic-type wading pools for small children shall not be considered a swimming pool.
VILLAGEThe incorporated Village of Old Brookville in the County of Nassau and State of New York.