All words used in the present tense include the future tense,
all words in the plural number include the singular number and all
words in the singular number include the plural number, unless the
natural construction of the wording indicates otherwise. The word
"lot" includes the word "plot," the word "building" includes the word
"structure," and the word "shall" is mandatory. The word "person"
includes any legal entity, as well as an individual. The word "use"
shall be deemed also to include "designed, intended, or arranged to
be used." Unless otherwise specified, all distances shall be measured
horizontally, The word "Village" means Incorporated Village of Poquott;
the term "Village Board" means the duly appointed Board of Appeals
of said Village; the term "Planning Board" means the duly appointed
Planning Board of said Village.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
To change or rearrange the structural parts or the entrance/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.
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.
All floor area within the exterior walls of a building, but
not to include open porches or breezeways, garages, basements or uninhabited
attic space.
That portion of a building the ceiling of which is less than
five feet above grade level.
Any bank or cliff or glacial origin with a precipitous or
steeply sloped face adjoining a beach or a body of water. The waterward
limit of a bluff is the landward limit of its waterward natural protective
feature. Where no beach is present, the waterward limit of a bluff
is mean low water. The landward limit is 25 feet landward of the receding
edge or, in those cases where there is no discernible line of active
erosion, 25 feet landward of the point of inflection on the top of
the bluff. (The "point of inflection" is the point along the top of
the bluff where the trend of the land slope changes to begin its descent
to the shoreline.)
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot. An accessory building
is any structure that is in excess of 144 square feet.
A building in which is conducted the main or principal use
of the lot on which such a building is situated.
That percentage of the lot area covered by the building area.
See "pier" and Chapter 64 of the Poquott Village Code.
A building designated or used exclusively as living quarters
for one family unit and shall not be deemed to include a motel, hotel,
rooming house or tourist home, bed-and-breakfast, mobile home, trailer,
camping car, tent or other similar temporary or mobile structure.
A detached building designed for and occupied exclusively
by one family.
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of paid domestic employees;
a number of persons living together as a single housekeeping unit,
although not related by blood, adoption or marriage shall be deemed
to constitute a family unit.
The 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.
A structure functioning as a boundary or barrier of indeterminate
length.
A line parallel to the front lot line at a distance equal
to the required minimum front yard for the district in which the lot
is located.
The extent of a parcel of land along a street.
A private accessory structure not attached to a principal
structure, constructed for the storage of one or more power driven
vehicles used by the owner(s) or tenant(s) of the lot on which it
is erected, and which shall be regulated under this chapter as an
accessory building.
The 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.
Any change of the topography of the lot.
The vertical distance measured from the level of the first
floor to the highest point of the ridge.
Any portable 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.
A parcel of land, not divided by or living 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.
The average horizontal distance between the front and rear
lot lines, measured in the general direction of the side lot lines.
The property line or lines separating the lot from the street
or streets.
The property lines bounding a lot as defined herein.
The average width of a lot measured at right angles to its
depth, measured at the main building line.
A lot situated at the junction of and fronting on two or
more streets.
Includes any building or structure existing legally existing
on the date of enactment of this chapter in 1983, which does not conform
to the regulations of this chapter prescribing minimum yards, maximum
height, frontage, minimum lot area, maximum lot coverage and minimum
open space in effect at such particular time. A "vested nonconforming
building" is a nonconforming building as described above, lawfully
occupied for a conforming or nonconforming use on the effective date
of this chapter in 1983 but which became nonconforming on the adoption
of this chapter in 1983 or a subsequent amendment of the regulations
hereof prescribing minimum yards, maximum height, frontage, minimum
lot area, maximum lot coverage and minimum space.
A 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.
The area of a lot or building used for the purpose of accessory
parking of vehicles. Such area shall be on or part of the same lot
on which the principal use is located. However, when approved by the
Board of Appeals as hereinafter provided, such area may be maintained
on a separate lot to be convenient thereto; provided, however, that
such separate lot shall be permanently and exclusively committed to
such use, and for such purpose the Board of Appeals may require such
recordable instruments, which as to execution and form shall be satisfactory,
and may be deemed necessary to insure the continued and uninterrupted
use of such parking area for such purpose provided no potential danger
existed.
The space required for each motor vehicle intended or required
to be parked in an off-street parking area. Each parking space shall
have an area of not less than 200 square feet and in addition thereto
there shall be provided such space as is reasonably necessary for
adequate ingress, egress and turning. (A suggested formula for providing
an adequate parking area is an area of 334 square feet per required
motor vehicle unit.)
Any constructed platform extending from shore over the water and supported by piles or pillars, used to secure, shelter, and provide access to vessels. See Chapter 64 of the Poquott Village Code.
Any pier proposed to be located on property abutting or comprised of tidal wetlands, which such property is zoned for single-family residential use pursuant to the Code of the Village of Poquott, and such pier is designed and intended for noncommercial use under sole management of the owner or resident of such property. Recreational piers may be open pile supported, float supported or cantilevered and must, to the most practicable extent possible, avoid impairment of the environmental quality of the affected wetland. In no instance shall a recreational pier constitute an interference with normal navigation in the area. See Chapter 64 of the Poquott Village Code.
A structure of 144 square feet or less.
Any 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 insigne of any commercial enterprise, municipal
agency, or any civic, charitable, professional, religious, political,
patriotic, fraternal, or similar organization or purpose.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
be 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 measure.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such a story.
A public or private thoroughfare devoted to vehicles 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 recorded 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.
An assembly of materials put together for the purpose of
occupancy or other specific use. The word "structure" shall be used
as though followed by the words "or part thereof."
The specific purpose for which land or 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.
A 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 use specifically permitted for the zoning
district in which it is located.
See "pier."
A 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 Article IV, § 183-44A. 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 section 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 Article IV, § 183-13D, 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 situated on the lot.
A 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.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A 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.
