[Amended 7-14-1958; 12-2-1975 by L.L. No. 2-1975; 6-4-1979 by L.L. No.
2-1979; 4-6-1981 by L.L. No. 2-1981; 12-5-1983 by L.L. No.
3-1983; 11-7-1991 by L.L. No. 11-1991; 7-6-1992 by L.L. No.
6-1992; 11-10-1999 by L.L. No. 3-1999]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building subordinate to the main building on a lot and
used for purposes customarily incidental to the main building.
Any structure subordinate to the main building on a lot and
used for purposes customarily incidental to the main building.
Any change, addition or modification in the structural parts,
exterior walls, construction or arrangement of a building or structure
or any changes in use from one classification to another or removal
of a building or structure from one location to another. Alterations
shall be deemed to include, without limitation, any installation,
change or rearrangement of plumbing lines, air-conditioning installations
and equipment, heating or electrical lines and conduits, stairs, partitions
or exit facilities and the addition of an accessory structure.
An independent, self-contained dwelling unit with its own
sleeping, sanitary and cooking facilities in a building containing
two or more dwelling units or more than one use.
An apartment unit which has been added to or created within
a single-family detached dwelling.
The space between the top uppermost floor construction and
the underside of the roof, which space is not designed or used for
human occupancy.
That portion of a building which is partly below grade but
having at least 1/2 of its height above mean ground level. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the mean ground level
of the adjoining ground is more than six feet and faces any yard other
than a rear yard. A basement shall be included for purposes of calculating
floor area ratio.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or property of any kind. The term "building" shall be construed as
if followed by the words "or part thereof."
The total area, taken on a horizontal plane at the main grade
level, of the principal building and all accessory buildings, including
cantilevered portions thereof, porches, steps and elevated decks,
stoops or terraces greater than 18 inches above grade.
A line formed by the intersection of a horizontal plane and
a vertical plane that coincides with the most-projected exterior surface
of the building greater than 18 inches above grade. All yard requirements
are to be measured to the building line.
Ten or more gallons of flammable material kept or stored
in other than automobiles, trucks or similar vehicles.
[Amended 11-6-2000 by L.L. No. 3-2000]
The vertical distance between the floor and ceiling of a
building. For the purposes of calculating area, an eight-foot ceiling
height shall be the standard, except on the first floor, which shall
be nine feet, and any space above the spring line of the roof in a
cathedral ceiling shall be excluded.
[Amended 11-6-2000 by L.L. No. 3-2000]
That space of the building that has more than half of its
height, measured from floor to ceiling, below the mean ground level.
A cellar shall not be considered in determining the permissible number
of stories or floor area ratio, except for any portion of a cellar
containing garage space.
[Amended 6-7-2004 by L.L. No. 1-2004]
A parcel of land at the junction or intersection of and fronting
on two or more streets.
Removal of the substructure of a building in excess of 51%
above the first floor deck or the first floor slab.
[Added 2-1-2016 by L.L.
No. 1-2016]
The mean distance from the front street line of the lot to
its rear line, measured in the general direction of the side lines
of the lot.
A private roadway providing access to a street.
Commenced, maintained, altered, restored, remodeled, enlarged,
extended or designed.
Either one or more persons related by blood, marriage or
adoption, living and cooking together as a single housekeeping unit,
which is herein deemed a "natural family," or any number of unrelated
persons living and cooking together as a single housekeeping unit
and who bear the indicia as the functional equivalent of a "natural
family."
An artificially constructed barrier or any material or combination
of material erected to enclose, screen or separate areas.
Any interior space in which more than 50% of the structural
elements are concealed.
Any liquid, solid or gas having a flash point below 100°
F. and a vapor pressure not exceeding 40 pounds per square inch (absolute)
at 100° F., representative examples, not all-inclusive, of which
are ether, gasoline, naphtha, benzol, acetone, alcohol, ethyl acetate
and methyl acetate.
The ratio of the gross floor area of a building or dwelling
in square feet to the lot area of the building site in square feet.
This calculation is based on "ceiling height" as defined herein. In
any area in which the ceiling height exceeds the maximum allowable
ceiling height, the gross area of that room shall be increased in
direct proportion to the height in excess of the maximum allowable
ceiling height.
[Amended 11-6-2000 by L.L. No. 3-2000]
The dimensional width from side lot line to side lot line
which fronts upon a street. On a corner lot, the property line along
the street which has the smallest dimension shall be considered the
street or lot frontage.
A yard across the full width of the lot extending from the
building line to the street line of a lot. All lots shall have at
least one front yard. A corner lot shall have a front yard on each
street on which the lot abuts.
A structure that is accessory to a dwelling, whether attached
or detached, that is used for parking and storage of vehicles owned
or leased and operated by the residents thereof.
The existing undisturbed natural elevation of the land.
[Amended 11-6-2000 by L.L. No. 3-2000]
The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of the exterior walls, including
attached garages, all accessory buildings, enclosed or roofed porches,
covered terraces and finished basement spaces and attic spaces, above
one story construction or extensions, shall also count as additional
floor area for those portions of the attic where the height from the
top of the first floor ceiling joists to the underside of the roof
rafters is greater than seven feet six inches. Cellars and unfinished
attics above second floor construction or extensions shall not be
included in the gross floor area.
[Amended 6-7-2004 by L.L. No. 1-2004; 12-6-2010 by L.L. No.
17-2010; 7-1-2013 by L.L. No. 8-2013]
In the Business District, the vertical distance
from the mean ground level at the base of the structure to the highest
point of the structure, which shall include all projections of any
kind.
In other cases, the vertical distance from the
mean ground level at the base of the structure to the highest point
of the structure, including air conditioners, parapets, electrical
and mechanical equipment, stairways and the like, but excluding chimneys.
A calculation designed to regulate the height of buildings
in relation to setbacks. It is the ratio of height (vertical rise)
to setback (horizontal run) in the form of an inclined plane beginning
at the portion of the lot line nearest the building and rising toward
the building at the ratio specified. Sky exposure plane is measured
from the mean ground level of that wall of the building. No part of
any building, other than chimneys and dormer windows, shall be permitted
to extend above said plane, nor shall any part of a building interrupt
greater than 25% of the total roofline length on any side of the building.
[Amended 11-6-2000 by L.L. No. 3-2000]
The office or studio of a practitioner of a profession or
business that is located within the dwelling which such person both
owns and resides in, provided that such use:
[Added 10-4-2021 by L.L. No. 4-2021]
Is clearly incidental to the resident's use of the premises
and is conducted entirely within the dwelling in which the practitioner
resides.
Does not occupy more the lesser of 25% of the gross floor area
of the dwelling or 800 square feet.
Is not advertised by display of goods or advertising other than
a sign as permitted by the Code of the Incorporated Village of Flower
Hill.
Does not result in an alteration or exterior feature which would
change or modify the residential character or appearance thereof,
including the parking of a number of vehicles that is customarily
observed in the surrounding neighborhood.
Does not involve the removal of any waste materials other than
those permitted within a residential zone.
Does not involve the keeping of a stock-in-trade.
The conducting of a clinic, hospital, barbershop, beauty parlor,
photography studio, tea room, tourist home, real estate office, animal
hospital, dancing instruction, music instruction in groups, band instrument
instruction in groups, sport or fitness training in groups, convalescent
home, funeral home, stores of any kind, or any similar use shall not
be deemed to be a home occupation.
Does not involve the employ of more than one assistant.
Is not carried on in an accessory building.
The office or studio of a practitioner of a recognized profession,
such as a physician, dentist, architect, accountant, engineer, lawyer
or the like, that is located within the dwelling which the professional
both owns and resides in, provided that such use:
Is clearly incidental to the resident's use
of the premises and is conducted entirely within the dwelling in which
the practitioner resides.
Does not occupy more than 25% of the gross floor
area of the dwelling and not more than 800 square feet.
[Amended 11-6-2000 by L.L. No. 3-2000]
Is not advertised by display of goods or advertising
other than a sign as permitted by the Code of the Incorporated Village
of Flower Hill.
Does not result in an alteration or exterior
feature which would change or modify the residential character or
appearance thereof.
A residence building differing from an apartment house in
that it is built for transient instead of permanent residence and
individuals or families are not allowed to do their own cooking on
these premises.
The total floor area used, designed and available to be used
for living accommodations on all stories of the principal building,
excluding basements, rooms for heating equipment, open porches, breezeways,
unheated areas and garages, but including any living space over such
garage. In rooms with sloped ceilings, only those areas where headroom
is greater than five feet may be included, provided that at least
50% of this total area has the full required minimum ceiling height
of seven feet six inches. Walls and partitions may be included.
Any plot, piece or parcel of land on which is erected or
is to be erected one building and its accessory buildings, having
not less than the minimum area and the open spaces required by this
chapter and such open spaces as are arranged and designed to be used
in connection with such building.
The proportion of the gross horizontal area measured from
the exterior surface of the exterior wall of the ground floor of all
principal and accessory buildings and structures on a lot to the total
lot area, expressed as a percentage. For the purposes of lot coverage,
"structures" shall be defined to include only the following: buildings;
covered porches, pergolas and gazebos; accessory buildings; patios
and terraces more than 50% in area and greater than 18 inches in height;
swimming pools and appurtenances such as, but not limited to, outdoor
mechanical equipment, including pool heaters, air-conditioning units,
generators, outdoor kitchen equipment and the like; decks; tennis
courts and appurtenances; basketball courts and appurtenances; and
sports courts and appurtenances.
[Amended 9-5-2017 by L.L.
No. 19-2017]
The average elevation of the natural ground level prior to
any excavation or any fill being placed as measured along the entire
foundation of a building and not between the highest and lowest points.
A one-family home or residence altered to include a second
kitchen for the sole use by the children or parents of the fee resident
or residents and for which a conditional use permit shall have been
duly approved by the Board of Trustees.
Any use or any building lawfully existing at the time of
enactment of this chapter, or any amendments thereto, which does not
conform to the use regulations of the district in which it is situated
by reason of the enactment of or any amendment to this chapter.
The off-street paved or surfaced area available and usable
for the parking of one motor vehicle, having dimensions of not less
than 10 feet by 20 feet, exclusive of aisles, driveways, passageways
and other necessary space appurtenant thereto and having direct usable
access to a street. Up to, but not exceeding, 20% of the off-street
parking spaces may have dimensions of not less than nine feet by 18
feet and shall be so designated. Whenever parking requirements are
calculated on the basis of floor area or space, all calculations shall
be made using the gross floor area.
A natural person, firm, association, copartnership, corporation
or other entity.
A roofed structure projecting from the outside wall of a
building. A porch shall be considered enclosed with any form of permanent
enclosure which provides protection from the elements. All porches,
whether open or enclosed, shall be included in the calculation of
maximum building coverage of a lot.
A structure of no more than 50 square feet, with a maximum
height of 10 feet, not having a firm attachment to the ground, for
the storage of garden and recreational equipment.
A yard across the full width of the lot from the wall of
the building to the rear line of the lot. On a corner lot the rear
yard shall be the yard opposite the shorter of the street frontages.
On a corner lot, accessory buildings and structures must be located
in the rear and/or side yards, as per 240 Attachment 4.
[Amended 11-6-2000 by L.L. No. 3-2000; 10-4-2021 by L.L. No. 5-2021]
A building where food and beverages are served and sold to
the public for consumption on the premises.
All walls and other structure of any construction which are
intended to, or which in fact, retain or support adjoining earth or
rock.
The required minimum horizontal distance between the building
line and the related front, side or rear property line measured perpendicularly
to the lot line.
A yard on the same lot as the principal building, situated
between the side line of the lot and the nearest wall of the building
and bounded by the front and rear building lines.
Includes every kind of signboard and other shape or device
or display arranged, intended, designed or used as an advertisement,
announcement or direction, including any text, symbol, marks, letters
or figures painted on or incorporated in the composition of the exterior
surface of a building or structure.
A building designed for and occupied exclusively as a home
or residence for not more than one family.
A generally prohibited use of property that may be permitted
at the sole discretion of the Board of Trustees after public hearings
are conducted thereon.
[Added 6-7-2004 by L.L. No. 1-2004]
That 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 any floor and the ceiling
next above it.
A space under a sloping roof that has the line of intersection
of the roof and the wall face not more than three feet above the floor
but in which space the possible floor area with headroom five feet
or less occupies 40% of the total floor area of the story directly
beneath.
Any public thoroughfare or space more than 20 feet in width
which may or may not have been dedicated or deeded to the public for
public use.
The property line abutting the street.
[Added 11-6-2000 by L.L. No. 3-2000]
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Structures shall include, but not be limited to, accessory
buildings, buildings, decks, patios and terraces greater than 18 inches
above grade, swimming pools, air-conditioning equipment, tennis courts,
outdoor playsets, artificial turf, and similar objects. Structures
shall not include basketball poles, decorative lampposts, mailboxes,
flagpoles less than six inches in diameter and flat patios, however,
flat patios must conform to the setback requirements of the zone in
which they are located.
[Amended 4-6-2009 by L.L. No. 4-2009; 9-5-2017 by L.L. No. 19-2017; 10-1-2018 by L.L. No. 11-2018; 8-1-2022 by L.L. No. 8-2022]
Includes any aboveground or in-ground receptacle or any artificial
pool of water intended for the purpose of immersion or partial immersion
of human beings to a depth greater than three feet. Hot tubs meeting
this criteria are considered pools.
An open, unoccupied space on the same lot with the building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
Words used in the present tense include the
future; the singular number includes the plural, and the plural the
singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; and the word "shall" is always mandatory.
