As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTThe relinquishment of property, or a cessation of the use of property, by the owner, occupant or lessee for a period of 12 or more consecutive months.
ACCESSA way or means of approach to provide vehicular or pedestrian physical entrance to a property. (See also "driveway.")
ACCESSORY APARTMENTAn apartment unit that has been added onto, or created within, and contains less square footage of living area than the original dwelling and is a single-family detached dwelling.
ACCESSORY BUILDINGA building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. (See Illustration No. 1. See also "accessory structure" and "accessory use.")
ACCESSORY STRUCTUREA structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. A patio or a deck as defined in this chapter shall not be considered as an accessory structure but shall adhere to the setback requirements for accessory structures as per Table 2. (See also "accessory building," "accessory use" and Illustration No. 1.).
[Amended 5-30-2024 by L.L. No. 1-2024]
ACCESSORY USEA use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot as the principal use but shall not include use of a dwelling as a boardinghouse, rooming house, lodging house, club, fraternity, sorority, hotel, or dormitory except that in the case of a private recreational club, a building or structure or portion thereof customarily incidental and subordinate to the principal use may be used for the purpose of providing housing for employees of a private recreational club upon the issuance of and proof of compliance with all the terms and conditions of a special permit permitting such accessory use.
[Amended 3-21-2007 by L.L. No. 3-2007]
ADDITIONAn extension or increase in floor area or height to an existing building or structure.
AGRICULTURAL USESThe production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; bees and apiary products; fur animals; trees and forest products; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program, on at least two acres, excluding acreage for a dwelling.
ALLEYA service roadway providing a secondary means of access to abutting property and not intended for general circulation.
ALTERATIONAny change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, berms, girders, or interior partitions, as well as any change in doors, windows, or means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Normal repairs and maintenance shall not be considered as alterations.
APPLICANTA person submitting an application for development. (See also "developer.")
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents and exhibits required of an applicant by an approving agency for development review purposes.
APPROVED PLANA plan that has been granted final approval by the appropriate approving agency.
APPROVING AGENCYThe board or other legally designated individual or agency that has been charged with the final review and approval of plans and/or applications.
ARCHITECTURAL ELEVATIONA fully dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.
AREA VARIANCEThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
AS-BUILT PLANA plan drawn by a professional engineer or registered architect to scale showing the exact layout and dimensions of an existing completed structure or building.
ATTICThat part of a building which is immediately below, and wholly or partly within, the roof framing. (See Illustration No. 2.)
AUTOMOBILEA self propelled, free-moving vehicle with four wheels, usually used to transport not more than seven passengers, and licensed by an appropriate agency as a passenger vehicle. "Automobile" shall include minivans but exclude trucks over two tons in weight.
BANKA business establishment authorized to perform financial transactions such as receiving and lending money, but not including check cashing stores or pawnshops.
BASEMENTA space having more than five feet height above the average level of the adjoining ground.
[Amended 12-14-2020 by L.L. No. 5-2020]
BEDROOMA private room intended or used for sleeping separated from other rooms by a door or other physical barrier.
BERMA mound of earth used to shield, screen and buffer undesirable views or to direct the flow of surface water runoff.
BILLBOARDA sign that directs attention to a business, commodity, service or entertainment conducted, offered or sold at a location other than the premises on which the sign is located.
BOARDERAn individual other than a member of a family or household occupying a dwelling unit or part thereof who is furnished sleeping accommodations for a fee and may be furnished with meals and/or other services as part of the consideration.
BOATHOUSEA fully enclosed building used for the storage of boats.
BOUNDARYThe border or outer physical limit of a lot or property.
BUFFER or BUFFER AREAAn open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed as to provide both a visual and an acoustical barrier between one use or property and another use or property. (See Illustration No. 1.)
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate buildings.
BUILDING COVERAGEThe horizontal area measured within the outside of the exterior walls on or above the ground floor of all principal and accessory buildings on a lot expressed as a proportion or percentage of the lot area upon which they are situated. (See Illustration Nos. 3 and 10.)
BUILDING PERMITWritten permission or authorization issued by the Building Inspector for the construction, repair, alteration or addition to a structure or building.
BUILDING SETBACK LINEA line parallel to the street line or lot line touching that part of the building closest to that street line or lot line. (See Illustration No. 3.)
CARPORTA roofed structure providing space for the parking of motor vehicles and enclosed on three sides or less.
CELLARA space with less than five feet height above the average finished grade of the adjoining ground. (See Illustration No. 2.)
[Amended 12-14-2020 by L.L. No. 5-2020]
CERTIFICATE OF OCCUPANCYA certificate issued by the Building Inspector upon completion of the construction of a new building, or upon a change in the use of a building or use of a lot or land, which certifies that all requirements of this chapter, the Village Code, or such adjustments thereof which have been granted by the approving agency, and all other applicable requirements, have been complied with.
CHANGE OF USEAny use which is different in use classification, as provided for in Table 1 of this chapter, from the previous use.
COMMERCIAL KENNELA commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation.
COMMERCIAL VEHICLEA vehicle designed or used for commercial purposes on the public highway, such as for the transportation of goods, wares and merchandise, and automobiles carrying passengers for hire.
CONCEPT PLANA plan or sketch for development provided for the purposes of informal review which carries no legal obligations or vested rights on the applicant, the approving agency or any other party.
CONFORMING APPLICATION OR PLANAn application or plan which meets all of the requirements of this chapter and other applicable requirements of the Code of the Village of Roslyn Harbor.
CORNER LOTA parcel of land at the junction of and fronting on two or more intersecting streets, which meet or intersect so as to form an interior angle of at least 135°. On a corner lot, the owner shall designate one of the street frontages as the front of the lot; the other frontage shall be the side of the lot. (See also "interior lot" and "through lot" and Illustration No. 4.)
CUL-DE-SAC or CUL-DE-SAC STREETA street with a single common ingress and egress and with a turnaround at the end. No cul-de-sac street shall be more than 1,000 feet in length or provide access to more than six residential units. (See also "dead-end street" and Illustration No. 5.)
CULTURAL FACILITIESEstablishments that document the social and religious structures and intellectual and artistic manifestations that characterize a society, and include museums, art galleries, and botanical and zoological gardens of natural, historic, educational or cultural interest.
CURBA stone, concrete, asphalt or other improved boundary marking the edge of a roadway or paved area.
CURB CUTThe opening along the curbline or edge of pavement at which point vehicles may enter or leave the roadway. (See Illustration No. 6.)
DEAD END or DEAD-END STREETA street with a single common ingress or egress with no turnaround at the end. (See also "cul-de-sac street" and Illustration No. 5.)
DECKAn uncovered structure, usually constructed of wood or concrete, extending from the exterior wall of a residential dwelling, no more than three feet above the finished ground elevation of the wall from which it extends. Decks shall conform to the yard setbacks for accessory structures as per Table 2. Any such structure which is more than three feet above the finished elevation shall be considered part of the principal structure for purposes of setback. (See also "patio" and "porch" and Illustration No. 7.)
[Amended 5-30-2024 by L.L. No. 1-2024]
DETACHED SINGLE-FAMILY DWELLINGA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residential purposes by one family and which has its own sleeping, sanitary and cooking facilities.
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. (See also "applicant.")
DEVELOPMENTThe construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, or an apportionment or the division of land into two or more parcels, for which permission shall be required pursuant to this chapter.
DIMENSIONAL NONCONFORMITYAny land, structure or building or lot in which any of the dimensions do not conform to the minimum or maximum dimensional requirements of this chapter.
DIMENSIONAL REQUIREMENT OR REGULATIONAny requirement or regulation of this chapter specifying a minimum or maximum distance, height, area, volume, ratio or other quantitative measurement such as lot area, lot width, front, rear or side yard, building coverage, height in stories or feet, floor area ratio, buffer width or height, or paved or open space area or width.
DRAINAGEThe removal of surface water or groundwater from land or stormwater from roofs or paved areas by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
DRIVEWAYA vehicular way on private property which provides access to a street or highway. (See also "access" and Illustration No. 8.)
DUMPA lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLING UNIT or DWELLINGA building, or entirely self-contained portion thereof, containing its own sleeping, sanitary and cooking facilities occupied or intended to be occupied for residential purposes by one family.
ELEVATIONA vertical distance above or below a fixed reference.
ENLARGEMENTAn increase in the size of an existing structure, building or use, including the physical size of a property, structure, building, parking or other improvements.
ESTABLISHMENTAn economic unit, generally at a single physical location, where business is conducted or services are performed.
EVERGREENA plant with foliage that remains green year-round.
FACADEThe exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
FAMILYA. Any number of individuals related by blood, marriage, or legal adoption or guardianship, along with nonpaying guests and servants, living together and sharing meals in a domestic relationship as a single housekeeping unit, or a group of persons occupying a dwelling unit and living together and sharing meals in a domestic relationship as a traditional family or the functional and factual equivalent of a traditional family.
B. 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 and factual equivalent of a traditional family.
C. In determining whether individuals who are living together are the functional and factual equivalent of a traditional family, the following criteria must be present:
(1) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit.
(2) The group shares the entire dwelling unit and lives and cooks together as a bona fide single housekeeping unit. A unit in which the various occupants act as separate roomers shall not be deemed to be occupied by the functional and factual equivalent of a traditional family.
(3) The group shares expenses for food, rent or ownership costs, utilities and other household expenses.
(4) The group is permanent and stable. Evidence of such permanency and stability may include:
(a) The presence of minor dependent children regularly residing in the household who are enrolled in local schools.
(b) Members of the household have the same address for the purposes of voter registration, driver's license, motor vehicle registration and taxes.
(c) Members of the household are employed in the area.
(d) The group has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units.
(e) Common ownership of furniture and appliances among the members of the household.
(f) The group is not transient or temporary in nature.
(5) Any other factor reasonably related to whether or not the group is the functional and factual equivalent of a family.
FENCEAn artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FINANCIAL USEAn establishment in which financial transactions are conducted, or wherein professional advice on financial, insurance or tax matters is given, including banks, savings and loans, finance companies, insurance and brokerage uses, and tax prepares, but not including drive-through banks, pawnshops and check cashing stores.
FLOOD HAZARD AREAThat portion of the floodplain as designated by the Federal Insurance Administration or the Federal Emergency Management Agency as constituting particular hazards or risks applicable to the community by reason of flooding.
FRATERNITY OR SORORITY HOUSEA dwelling maintained exclusively for members of a fraternity or sorority enrolled in an academic college, university or other educational institution.
FRONT LOT LINEThe lot line separating a lot from a street right-of-way. (See also "street line or right-of-way" and Illustration No. 3.)
FRONT OF A STRUCTUREWhen erected on a plot abutting on two or more streets, the front of a structure is that abutting side which is so designated on the plot plan by the owner.
FRONT YARDA space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. (See Illustration Nos. 11 and 12.)
GRADE ELEVATIONThe average ground elevation of the land around the exterior walls of a building or structure. (See Illustration No. 13.)
GRADE or GRADIENTThe percent of rise or descent of a sloping surface; or, where measuring the height of a building, "grade" is defined as the average ground elevation of the land around the exterior walls of a building or structure. (See also "elevation, grade" and Illustration No. 13.)
GREENHOUSEA structure utilized for seed germination and plant propagation through the maintenance of a controlled climate necessary to sustain plant growth otherwise not possible in natural or out-of-door surroundings.
GROSS 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 a building and its accessory buildings, without any exclusion of any floors being measured whatsoever (i.e., including garages, enclosed porches, closets, bathrooms, stairwells, clerestories, and partitions), and any basement space that is finished, excluding cellar spaces. Open porches equal to or less than 10% of the total floor area shall not be included in floor area. Horizontal areas of open porches greater than 10% of the total floor area shall be included in the floor area. For half stories, horizontal areas where the vertical distance between the floor joists and the ceiling of the roof structure above is less than 7 1/2 feet or which half story contains no habitable space shall be excluded. Further, for horizontal floor areas where the floor to ceiling height is 14 feet or greater, twice the horizontal areas shall be included on the floor area.
[Amended 12-14-2020 by L.L. No. 5-2020; 12-8-2021 by L.L. No. 2-2022]
GUEST HOUSEA building, detached and accessory to a residential dwelling, which is utilized for temporary overnight stays by nonpaying guests of the residents of the principal use.
HALF STORYAn uppermost story in which the floor area, having a clear height of at least 7 1/2 feet, is 1/3 or less of the floor area of the story next beneath it. (See also "story" and Illustration No. 14.)
HEIGHT OF BUILDINGThe vertical distance measured from original existing grade to the level of the highest point of the roof. "Original existing grade" is defined to be the average ground elevation of land around the exterior walls of the building or structure prior to construction. For building lots, where the building site has a grade change in excess of 10 feet in elevation, the applicant may petition the Planning Board in site review to determine the original existing grade for measurement of building height, taking into consideration the site topography and conditions, aesthetics and the impact on the neighboring dwellings, properties and the community at large. If the roof pitch is 5 over 12 or less, it shall be classified as a flat roof for purpose of measuring building height. (See Illustration Nos. 15 and 16.)
[Amended 3-19-2008 by L.L. No. 1-2008; 4-18-2012 by L.L. No. 1-2012; 4-13-2015 by L.L. No. 1-2015]
HOME PROFESSIONAL OFFICEAn occupation conducted within and which is accessory to a dwelling unit consisting of the office working quarters of a recognized profession and meeting the requirements of §
275-38 of this chapter.
HOUSESee "dwelling unit."
HOUSEHOLDA family living together in a single dwelling unit, with common access thereto and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
IMPROVEMENTAny permanent structure that becomes part of, placed upon, or is affixed to real estate.
INFORMAL REVIEW or CONCEPT REVIEWA review process undertaken by an approving agency at the option of the applicant as provided for in this chapter, for the purposes of assisting an applicant to prepare an application for formal submission and to provide direction and feedback on such application, at which no decisions, resolutions or formal actions are taken, and wherein all comments or communications carry no legal obligation or vested rights, nor are binding on any party.
INTERIOR LOTA lot other than a corner lot. (See also "corner lot" and "through lot" and Illustration No. 17.)
JUNKYARD or SALVAGE YARDA lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
LANDSCAPED AREAAreas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage. (See Illustration No. 8.)
LANDSCAPINGLawns, trees, plants and other natural materials, such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. (See also "parcel" and "tract" and Illustration No. 18.)
LOT AREAAn area of land which is determined by the limits of the lot lines bounding the area expressed in terms of square feet. Any portion of a lot permanently underwater in Hempstead Harbor or included in a public street right-of-way shall not be included in calculating lot area. However, where an area within a private street was previously included within a lot for the purposes of calculating the minimum lot area, such area shall continue to be included in the calculation of lot area and for the purposes of calculating yard setbacks and shall not render such lot as nonconforming.
LOT COVERAGEThe proportion of a lot expressed as a percentage of the total lot area covered by impervious surfaces. Impervious surfaces shall include all buildings and structures, as well as all areas on the ground or elevated above the ground, which are comprised of materials, such as but not limited to asphalt, concrete, masonry, wood, gravel, stone or partially opened paving stones (regardless of material used), which create or generate runoff. Swimming pools, courtyards, sports courts, driveways, decks, masonry or brick terraces, patios and walkways (having a width in excess of four feet) shall be considered as impervious and included in lot coverage.
[Amended 4-23-2019 by L.L. No. 5-2019]
LOT COVERAGE, FRONT YARDThe proportion of the front yard of a lot expressed as a percentage of the front yard lot area that is covered by impervious surfaces.
[Added 4-23-2019 by L.L. No. 5-2019]
LOT DEPTHThe average measured distance of a line drawn from the street line to the rear lot line at right angles to the front property line. Where the front property line is an arc of a circle or irregular in shape, the depth shall be the average distance between the front and rear lines. (See Illustration No. 17.)
LOT, FLAG or FLAGPOLE LOTA lot which does not meet the minimum lot width requirements and where access from the lot to the public road is by means of a narrow private right-of-way or driveway. (See Illustration No. 18.)
LOT LINEThe boundary line of a parcel of land as shown on a certified filed map or tax map or as defined by a field map. A lot line shall not be considered unless legally subdivided or apportioned. (See Illustration No. 3.)
LOT, THROUGHAn interior lot which fronts upon two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot. (See Illustration No. 17.)
LOT WIDTHThe distance between side lot lines measured along the front lot line, or in the case where side lines are parallel and not perpendicular to the front line or where side lines are parallel and the front line is irregular or the arc of a circle, the width shall be the perpendicular distance between the side lines measured at the minimum required front yard setback. In the case where side lines converge toward or away from the front line, the width shall be measured along a line parallel to the front lot line drawn at a distance equal to the required minimum setback. The minimum required width of a lot at the front lot line shall in no case be less than 50% of the required lot width, but no less than 25 feet in any case. (See Illustration Nos. 17 and 19.)
MAINTENANCE GUARANTEEA security (bond or letter of credit or cash) acceptable to the Village of Roslyn Harbor to assure that necessary improvements installed or completed by a developer will function as required for a period of at least one year, unless otherwise specified.
MANUFACTURINGEstablishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
MEDICAL OFFICEThe office of recognized medical practitioners, including but not limited to doctors, dentists, dental surgeons, veterinarians, chiropractors, podiatrists, psychologists, and licensed therapists.
MULTIFAMILY OR MULTIPLE-FAMILY DWELLINGA building containing two or more dwelling units, occupied or intended to be occupied by two or more families, each living independently of each other and with their own sleeping, sanitary and cooking facilities. A building containing two or more such families where separation of the units is provided by means of a wall, floor, door or other type of screen or partition, or with a separate outside entrance, or basement access, shall be considered a multiple-family dwelling.
MUNICIPAL USEAny use of land, building or structure by the Village of Roslyn Harbor or an agency thereof, including a public parking garage or lot. (See also "government use.")
OFFICEA room or group of rooms used for conducting the offices of a business, profession, service, industry or government, and generally furnished with desks, tables, files, and communication equipment, including offices of general business, executive, legal, accounting, architect, planning, engineer, real estate, contractor and employment agencies.
OFF-SITE IMPROVEMENTImprovements to be made off site as a result of an application for development and including but not limited to road widening and upgrading, stormwater facilities, and traffic improvements.
OFF-SITE PARKINGParking provided for a specific use but located on a site other than the one on which the specific use is located.
OFF-STREET PARKINGParking for a motor vehicle not located within a street right-of-way. (See Illustration No. 6.)
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests of land adjoining or adjacent to such open space. (See Illustration No. 8.)
OUTDOOR RECREATIONAL USELand and structures used for recreational purposes, including a golf course or golf club or country club, a swimming club, tennis and racquetball club, a golf driving range, or an outdoor skating rink.
OUTDOOR STORAGEThe keeping or storing of any goods, junk, material, merchandise or vehicles outdoors in the same place overnight.
OWNEROwner of real property.
PARABOLIC DISC OR ANTENNAAny accessory structure capable of receiving and/or transmitting, for sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit and including but not limited to satellite receivers, satellite dish antennas, satellite discs, satellite earth stations, direct broadcast systems (DBSs), and television reception only systems (TVROs).
PARCELA contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity, including members of an immediate family. (See also "lot" and "tract.")
PARKING SPACEA space conforming to applicable standards of this chapter for the parking of a motor vehicle within a private garage or open air parking area. (See Illustration No. 6.)
PARK or PLAYGROUNDA tract of land designated and used by the public for active and passive recreation.
PATIOA level, paved area adjacent to a principal building at grade and not covered by a permanent roof. Patios shall conform to the yard setbacks for accessory structures as per Table 2. (See also "deck" and "porch" and Illustration No. 7.)
PERFORMANCE GUARANTEEA security that is acceptable to the Village of Roslyn Harbor to assure that improvements that are required as part of an approved development will be satisfactorily installed or completed.
PERMITTED USEA use of a building or land that conforms to the provisions of this chapter.
PERSONAL SERVICE ESTABLISHMENTAn establishment engaged primarily in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to linen supply, diaper service, beauty and barber shops, dressmaker, milliner, tailor shops, watch repair, clothing and shoe repair, laundromats, dropoff laundry and dry cleaners (not including dry-cleaning establishments or plants), nail salons and tanning salons.
PETITION FOR AN AMENDMENTA petition to the Board of Trustees duly signed and acknowledged requesting an amendment, supplement, change or repeal of the regulations prescribed for a zoning district or part thereof of this chapter.
PIER or DOCKA structure typically supported by columns extending from land into the water to provide berthing for boats.
PLACE OF WORSHIPA church, synagogue, temple, mosque, or other building or group of buildings which by design and construction are intended for the conducting of organized religious services and accessory uses associated therewith.
PLANNING BOARDThe Planning Board of the Village of Roslyn Harbor, New York.
PLATA map filed in the office of the Nassau County Clerk, Division of Land Records.
PORCHA roofed open area which may be screened but not enclosed by glazing, usually attached to or part of and with direct access to and from a building. Porches are part of a principal structure for purposes of setback. (See also "deck" and "patio" and Illustration No. 7.)
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is located. (See Illustration No. 1.)
PRINCIPAL USEThe primary or predominant use of any lot, parcel, structure or building.
PRIVATE GARAGEA structure that is accessory to a residential use which is used for the parking of vehicles and which is not used by the general public. A private garage may not occupy more than 800 square feet or 50% of the area of a minimum required rear yard, whichever is less.
[Amended 11-9-2009 by L.L. No. 2-2009]
PRIVATE RECREATIONAL CLUBA building and/or related facilities owned or operated by a corporation, association, or group of individuals established for the recreational use and enjoyment of its members and not primarily for profit, and whose members pay dues and meet certain prescribed qualifications for membership.
PRIVATE STREETA street that has not been accepted by the Village of Roslyn Harbor or other governmental entity but which is shown on the Zoning Map of the Village of Roslyn Harbor.
PROFILE or CROSS SECTIONA drawing or side or sectional elevation showing the vertical elements of a structure from below ground through the top of the structure.
PROJECTIONAn extension of a building which protrudes or juts out from the vertical plane of the building.
PROPERTYA lot, parcel or tract of land together with the building and structures located thereon. (See also "lot," "parcel" and "tract.")
PUBLIC OR PRIVATE UTILITYAny agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar services.
PUBLIC PARKING GARAGE OR LOTAn open air parking area or parking structure owned and/or operated by the Village of Roslyn Harbor. For the purposes of this chapter a public parking garage or lot shall be considered a municipal use.
PUBLIC STREETAny street, including all portions of the right-of-way which have been dedicated or deeded to the public for public use, which may or may not be improved in accordance with Village standards, and which is shown on the Zoning Map of the Village of Roslyn Harbor. The word "street" shall include the word "road," "highway," "avenue" or similar designations.
REAR DWELLINGA dwelling located on the same lot and to the rear of the principal building for which the lot is used.
REAR LOT LINEThe lot line opposite and most distant from the front lot line. (See Illustration No. 3.)
REAR YARDA space extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the principal building at the closest point to the rear lot line. (See Illustration Nos. 11 and 12.)
[Amended 3-21-2007 by L.L. No. 1-2007]
RECREATION VEHICLEA vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and designed primarily as a temporary living accommodation for recreation, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
REQUIRED SETBACK LINEThat line that is the required minimum distance from any lot line and that establishes the area in which a building must be erected or placed. (See Illustration No. 20.)
REQUIRED YARDThe open space between the lot line and the required setback line within which no structure shall be located except as provided in this chapter. (See Illustration No. 20.)
RESIDENCEA home, abode or place where an individual or household is actually living at a specific point in time.
RETAIL ESTABLISHMENTAn establishment engaged in selling of goods and merchandise to the general public for personal or household use, including automobile parts and supplies (with no service), clothing and shoes, fabrics, curtains, drapes, floor coverings, furniture, lamps, appliances, radios, television sets, computers, electronics, upholstery, china and glassware, luggage and leather goods, antiques, home wares, paint and wallpaper, arts and crafts, candles, records, tapes, videos, musical instruments, pets, books and stationery, flowers, tobacco, drugs, sporting goods, jewelry, sewing machines, photography equipment, keys, cards, gifts, and toys, and including television, appliance, computer and electronics sales and repair establishments, department stores, variety stores, hardware stores (with products for sale predominantly to the public), interior decorating stores, hobby shops and art galleries.
RIGHT-OF-WAYAn easement for ingress and egress, sometimes together with the right to maintain utilities within the easement area. (See also "easement" and Illustration No. 9.)
SAND OR GRAVEL PITAn open excavation used for obtaining sand or gravel for building purposes.
SCHOOLAny building and land, or part thereof, which is designed, constructed or used for education or instruction, which is licensed by the state and meets the state requirements for elementary, middle or high school education.
SCREENINGA method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. (See also "buffer.")
SEMIPUBLIC OPEN AIR PARKINGAn unenclosed, unroofed open area used primarily for the parking of vehicles open to tenants, employees, customers and/or visitors to the principal use to which it is accessory.
SETBACKThe distance between a building and any lot line. When two or more lots under one ownership are used for a single development, the exterior lot lines so grouped shall be used in determining the setback. (See also "required setback line" and Illustration No. 3.)
SHADE TREEA tree with a minimum caliper of 3 1/2 inches, usually deciduous, planted primarily for overhead canopy.
SHEDA small, fully enclosed structure for storage. (See also "accessory structure.")
SIDE LOT LINEAny lot line other than a front or rear lot line. (See Illustration No. 3.)
SIDE YARDA space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. (See Illustration No. 3.)
SIGNAny outdoor illuminated or nonilluminated device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information or concepts of any kind to the public.
SIGN, BUSINESS OR NONRESIDENTIALA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises, provided that, at any location where a business sign is permitted, there shall also be permitted a sign containing noncommercial images or messages in lieu of any other images or messages, regardless of whether such noncommercial images or messages relate to activity conducted upon the premises.
SIGN, RESIDENTIALAny sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of this chapter.
SPECIAL USE or SPECIAL USE PERMITThe authorization of a particular land use as specified herein, subject to such additional requirements to assure the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.
SPORTS COURTA structure constructed on the ground consisting of a permanent playing area of whatever consistency used to engage in the game of tennis or other sports. A backstop, consisting of netting, fencing or similar material and designed to prevent the passage of balls or other playing objects shall be considered to be part of the sports court.
[Amended 1-8-2019 by L.L. No. 1-2019]
STORAGE FACILITYAn establishment engaged in the storage of goods, products or materials primarily for commercial purposes.
STORYA space in a building between the top surface of any floor and the upper surface of the floor next above or, if there is no floor next above, then the space between such floor and the roof above. If the finished floor level directly above the basement is more than 7 1/2 feet above the grade, such basement shall be considered a story. (See also "half story" and Illustration No. 14.)
STREETAny vehicular and/or pedestrian right-of-way shown on the Zoning Map of the Village of Roslyn Harbor. (See Illustration No. 6.)
STRUCTUREA combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water, which includes but is not limited to buildings, platforms, towers, sheds, trailers, storage bins, fences, tennis courts, swimming pools and signs. (See also "building.")
SWIMMING POOLAny structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designated to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, above-ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools. A swimming pool is permitted if located as an accessory use on the same lot as the principal use it serves, and to be utilized only by the owner or tenants or his or their nonpaying guests.
[Amended 6-9-2016 by L.L. No. 4-2016]
TELECOMMUNICATIONS TOWERA structure that is intended to support or which contains an antenna and/or other equipment to receive or transmit cellular, radio, television, microwave or other forms of wireless communication, but excluding those used either for fire, police, and other dispatch communications or exclusively for private radio and television reception and private citizens' band, amateur radio and other similar private residential communications.
TEMPORARY STRUCTUREA structure no more than 100 square feet in size which is entirely removed and/or demolished within six months of obtaining a temporary structure permit from the Building Inspector.
TRACTAn area, parcel, site, piece of land or property that is the subject of a development application. (See also "lot" and "parcel.")
TRAILERA structure which temporarily or permanently stands on wheels and is capable of being towed or hauled by another vehicle and used for temporary or long-term human occupation.
TWO-FAMILY RESIDENTIAL DWELLINGA detached residential building containing two dwelling units occupied or intended to be occupied by two families each living independently of each other and with their own sleeping, sanitary and cooking facilities.
USEThe specific purpose for which land, building or structure is designed or arranged for which it is or may be occupied or maintained.
USE VARIANCEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations in accordance with the Village Law of the State of New York.
UTILITY SUBSTATIONAny substation owned or operated by a public or private utility for the generation, transmission and/or distribution of electricity, gas, heat, steam, telephone and water and the collection and treatment of sewage and solid waste.
VILLAGEThe Village of Roslyn Harbor.
WALLA structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
WAREHOUSEAn establishment used primarily for the storage of goods, products, cargo and materials.
WHOLESALINGAn establishment or place of business engaged in the storage and sale of merchandise for or to retailers, to industrial, commercial, institutional or professional business uses or to other wholesalers or acting as brokers and buying or selling merchandise to such individuals or companies.
YARDAn open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this chapter is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
YARD DEPTHThe shortest distance between a lot line and a building. (See Illustration No. 11.)
ZONE or DISTRICTA specifically delineated area as shown on the Zoning Map of the Village of Roslyn Harbor within which uniform regulations and requirements govern the use, placement, spacing and size of land and buildings.
ZONING MAPThe map or maps which are part of this chapter as set forth in §
275-6 of this chapter.