This chapter shall be known and may be cited
as the "Building Zone Ordinance of the Village of Great Neck Estates."
A.Â
Word usage. Words used in the present tense include
the future; the singular number includes the plural, and the plural
number includes the singular.
B.Â
ACCESSORY BUILDING
ACCESSORY USE
ALTERATION
BASEMENT
BOUNDARY STREET
BUILDING
BUILDING AREA
CELLAR
COMPREHENSIVE PLAN
CORNER LOT
DEPTH OF A LOT
DWELLING
ENTRANCE TO THE VILLAGE
FAMILY
FENCE
FINISHED GRADE LEVEL
FLOOR AREA
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
FLOOR AREA RATIO (FAR)
FRONT BUILDING LINE
FRONT YARD
GROUND LEVEL
HEIGHT OF A BUILDING
HEIGHT:SETBACK RATIO
IMPERVIOUS SURFACE
LOT
NONCONFORMING BUILDING OR USE
PREEXISTING NONCONFORMING BUILDING OR USE
PRIVATE GARAGE
PUBLIC GARAGE
REAR BUILDING LINE
REAR YARD
REAR YARD
RECREATIONAL VEHICLE
(1)Â
(2)Â
(3)Â
(4)Â
REQUIRED YARD
RETAINING WALL
SIDE BUILDING LINE
SIDE YARD
STORY
STORY, HALF
STREET
STREET ENTERING THE VILLAGE
STREET FRONTAGE
STREET LINE
STRUCTURE
TRANSIENT DWELLING UNIT
WALL OF A BUILDING
WIDTH OF A LOT
YARD
Definitions. Certain words of this chapter are defined
for the purpose thereof as follows:
Includes every building devoted solely to an accessory use.
Includes every use customarily incident to the principal
building or use, and includes all of the uses specified as accessory
in this chapter.
As applied to any building or structure, means any change
or rearrangement in the structural parts or exterior wall or framework
of existing facilities. It includes any enlargement, whether by extending
any side, front or rear building line, or by increasing any height,
or by moving from one location or position to another. It also includes
the enclosure of a space previously open.
That space of a building or structure which is partially
below grade, more than 50% of the height of which space, measured
from finished slab to the finished floor next above, is above the
mean ground level."
[Added 1-17-2008 by L.L. No. 1-2008]
Any public street or private street or way now or hereafter
existing situated upon or adjoining the boundary line of the Village
or any part thereof, whether such street or way is situated in whole
or in part within or without the Village.
Any structure or combination of structures above or below
the surface of the ground, except a wall or fence four feet or less
in height. It includes a swimming pool and includes a wall or fence
more than four feet in height and a combined wall and fence whose
total height is more than four feet.
[Amended 3-1-1965 by Ord. No. 104]
The aggregate of the maximum horizontal cross-sectional area
of the buildings on a lot, including swimming pools, and excluding
freestanding walls or fences, cornices, eaves, gutters or chimneys
projecting not more than 18 inches, steps, one-story open porches,
bay windows not extending through more than one story and not projecting
more than five feet, balconies and terraces.
[Added 9-12-1994 by L.L. No. 5-1994]
That space of a building or structure which is partially
or entirely below grade, at least 50% of the height of which space,
measured from finished slab to the finished floor above, is below
the mean ground level.
[Added 1-17-2008 by L.L. No. 1-2008]
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Village.
[Added 4-12-2004 by L.L. No. 1-2004]
A parcel of land at the junction of two or more intersecting
streets.
The mean distance from the street line of a lot to its rear
line, measured in the general or average direction of the side lines
of the lot.
A place of abode of one or more families. It does not include
a house coach or a trailer used or designed to be used in conjunction
with a motor vehicle.
So much of a street entering the Village as lies between
the intersection of such street with the side lines of a boundary
street and a line within the Village parallel with the side of such
boundary street and situated 100 feet distant therefrom. Where a street
intersects an entrance to the Village, that portion of such street
shall also be included within the meaning of the term "entrance to
the Village" which lies between the intersection of such entrance
to the Village with a boundary street and a line within the Village
parallel with the side of such boundary street and situated 100 feet
distant therefrom.
One or more persons, including household servants, living
and cooking together in a unit which is the functional and factual
equivalent of a traditional permanent family unit, having the cohesiveness
of a traditional family, and which does not include any transients,
boarders or persons in a temporary living arrangement. The term "family"
shall also include any housekeeping unit defined by state law as a
single-family residential use. Where there is more than one kitchen
in a dwelling, other than a kitchen used exclusively by or for servants,
it shall be presumed that the dwelling is occupied by more than one
family.
[Amended 11-16-1998 by L.L. No. 7-1998]
An enclosure, barrier or boundary made of posts, boards,
wires, stakes, rails, plastic, chain link mesh or similar type materials,
including landscaping, which prohibits or inhibits unrestricted travel
or view between properties or portions of properties or between the
street or public right-of-way and a property.
[Added 4-12-2004 by L.L. No. 1-2004]
The level of the completed surface of the lawn, walk, driveway,
patio or terrace at the point of measurement.
[Added 11-14-2002 by L.L. No. 2-2002]
The sum of the gross areas of the several floors of all principal
and accessory buildings on a lot, measured from the exterior faces
of the exterior walls. "Floor area" shall not include cellar space,
but shall include:
[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002; 1-17-2008 by L.L. No. 1-2008]
Basement space;
Floor space of each story above the basement
and below the attic, whether or not floor has been installed, that
provides structural headroom of eight feet or more;
That portion of attic space that provides structural
headroom of seven feet or more;
Floor space in interior balconies and lofts;
Floor space in roofed terraces, and exterior
balconies or porches, if more than 50% of the perimeter thereof is
enclosed in whole or in part, but not including any portion thereof
enclosed by a parapet having a height not more than three feet eight
inches or a railing open more than 50% and having a height not more
than three feet eight inches.
The total floor area of all buildings on the lot, including
accessory buildings, divided by the total lot area.
[Added 9-12-1994 by L.L. No. 5-1994]
A line across the full width of the lot parallel with the
street line, as nearly as may be, and passing through the wall of
the principal building nearest the street. It is not necessarily the
front of the house, nor does it necessarily contain the main entrance
to the house.
A yard situated on the same lot as a principal building or
use, situated between the street line and the nearest wall of the
principal building. In the case of a lot adjoining two or more streets,
whether such streets intersect or not, the yard on each street is
a front yard.
The level of the ground in its natural state or the level
of the finished grade, whichever is more restrictive, at the point
of measurement. The "mean ground level" is the average elevation of
the ground level measured at ten-foot intervals along the entire area
being measured and is not the mean between the highest and lowest
points.
[Amended 11-14-2002 by L.L. No. 2-2002]
The vertical distance, in the case of flat roofs, from the
mean ground level along the foundation of the building to the highest
point of the roof. In the case of pitched roofs, it is measured to
a point halfway between the eaves and the peak of the highest gable.
A calculation designed to regulate the height of buildings
in relation to setbacks. It is essentially in the form of an inclined
plane beginning at the mean ground level of the portion of the lot
line nearest the building (as demonstrated in the illustration set
forth hereinafter) and rising toward the building at the ratio specified
in this chapter. For the purposes of this calculation, and to accommodate
building on sloping sites, the mean ground level of said portion of
the lot line shall not be increased or decreased more than five feet
relative to the mean ground level at the foundation of that wall of
the building. No part of any building or structure, other than minor
architectural features such as chimneys, skylights, dormer windows,
etc., shall be permitted to extend above said plane.
[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]
 |
All buildings, as defined herein, as well as all areas on
the ground or elevated above the ground which are comprised of materials
through which water cannot flow, such as asphalt, concrete, masonry
or wood. The term "impervious surface" includes artificial or natural
materials or structures, such as pavement, roads, sidewalks, driveways,
parking lots and rooftops that are covered by impenetrable materials
such as asphalt, concrete, brick, or stone, and soil or other materials
which are highly compacted. A surface composed in part of impenetrable
material is considered to be impervious, whether or not rainfall,
snowfall or water can infiltrate through such surface.
[Added 11-14-2002 by L.L. No. 2-2002; amended 10-10-2016 by L.L. No. 9-2016]
A parcel of land occupied or designed to be occupied by one
main building or use and the accessory buildings or uses customarily
incident to it, including such open spaces as are arranged or designed
to be used in connection with such building or use. It includes the
word "plot." A lot may or may not be the land shown as a separate
parcel on a duly filed map, sales map or developer's diagram. All
adjoining parcels of property now or hereafter held in common ownership,
regardless of the nature of the constituent parcels or the date, source
or manner of acquisition, shall be deemed merged into a single lot
and shall be subject to the provisions of this chapter to the same
extent as if it had constituted a single lot at the date this chapter
was adopted.
One that does not conform to the regulations now or hereafter
in force applying to the district in which it is situated.
A nonconforming building or use which, at the time the building
was constructed or altered, or the use commenced, or at a later date,
conformed with the regulations applying to the district in which it
was situated and which became a nonconforming building or use solely
because of the original adoption of the Building Zone Ordinance, or
the subsequent adoption of an amendment to such ordinance, or a change
in district boundaries.
A building used for the storage of one or more motor vehicles
owned or used by the owner or tenant of the lot on which it is erected
for a purpose accessory to the use of the lot.
A building, other than a private garage, used for the storage
of motor vehicles.
A line across the full width of a lot parallel with the rear
line of a lot, as nearly as may be, and passing through the wall of
the principal building nearest the rear line of the lot. In the case
of a lot adjoining two or more streets which do not intersect, there
is ordinarily no rear building line.
A yard on the same lot as the principal building or use,
situated between the rear line of the lot and the nearest wall of
the principal building.
A yard on the same lot as the principal building or use,
situated between the rear line of the lot and the nearest wall of
the principal building.
A vehicle which is:
[Added 4-12-2004 by L.L. No. 1-2004]
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Not designed primarily for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
The portion of the yard lying within the minimum limits provided
by this chapter for the district in which the lot is situated.
A structure erected between lands of different elevation
to prevent the washing down or erosion of earth from the upper slope
level and/or to support an earthen bank.
[Added 4-12-2004 by L.L. No. 1-2004]
A line from the front building line to the rear building
line (or, in case there is no rear building line, from one front building
line to the other) on each side of the lot passing through the side
wall of the principal building.
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.
That part of a building included between any floor and the
floor next above it, or if there is no floor above, the ceiling or
flat roof above. In computing the number of stories, any story the
ceiling of which is more than seven feet above the mean ground level
along the foundation of the building shall be deemed the first story.
[Amended 11-14-2006 by L.L. No. 11-2006]
A story under a sloping roof having a pitch of not more than
1.5 vertical to 1.0 horizontal, the floor of which is not more than
two feet below the top of plate.
[Added 11-14-2006 by L.L. No. 11-2006]
Includes a public or private highway, road, avenue, lane
or alley and any and all proposed streets shown on any Official Map
or Comprehensive Plan of the Village or any amendment or modification
thereof now or hereafter adopted by the Board of Trustees or the Planning
Board of the Village.
Any public or private street or way in the Village now or
hereafter existing which intersects a boundary street.
In the case of an interior lot, the distance between the
points where the side lines of the lot intersect the side line of
the street which the lot adjoins. In the case of a corner lot, it
is the distance between the point where either side line of the lot
intersects the side line of the street and the point where the side
lines of the streets intersect each other. Where the side line of
the street is not a straight line, the street frontage shall be measured
along a traverse line connecting the points above stated. In determining
the street frontage of a corner lot, the frontage on the street not
selected shall not be taken into account.
A dividing line between a lot and the side line of a street.
Where the lot adjoins a public street it is ordinarily the property
line.
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water, except that this term shall not include
a driveway, sidewalk or path located directly on the surface of land
and not protruding above that surface.
[Added 4-12-1993 by L.L. No. 1-1993]
A property or dwelling unit occupied for residential use
or habitation, including all single-family and two-family residences,
apartments or other dwelling units, by one or more persons who are
not the owner or a family member of the owner of such property or
unit, and for which rent or other compensation of value is received
by the owner and/or paid by the occupant, directly or indirectly,
in exchange for such occupancy, for a period of less than eight consecutive
days. The term "transient dwelling unit" shall not include any lawfully
operating commercial hotel/motel business establishment operating
exclusively for and catering to transient clientele. The presence
of one or more of the following factors shall create a presumption
that a property or dwelling unit is being used as a transient dwelling
unit: the property or dwelling unit is offered for occupancy on a
short-term rental website, such as Airbnb, Home Away, VRBO or similar
websites, or the property or dwelling unit is offered for occupancy
in any medium as being available for occupancy for a period of less
than eight days. The foregoing presumption may be rebutted by documentary
or other evidence presented to and satisfactory to the Building Inspector
that the dwelling unit is not a transient dwelling unit.
[Added 10-10-2016 by L.L.
No. 8-2016]
The exterior bearing wall or structure supporting any part of the building extending more than two feet above or more than three feet below the ground level. An exterior chimney is deemed part of the wall whether or not it supports any other part of the building or structure. Attention is called to the provisions of § 230-21, which prohibits structures in the required yards whether or not they constitute part of the wall of the principal building.
The mean distance from side line to side line of a lot, measured
in the general or average direction of the front or rear lines of
the lot.
An open, unoccupied space on the same lot as the principal
building or use, which is open and unobstructed from the ground to
the sky except by trees, shrubbery, telephone or electric light wires
and poles, hedges, retaining walls and fences six feet or less in
height.
