As used in this chapter, unless otherwise indicated,
the following terms shall have the meanings indicated:
BUILDING
Any structure, composed of an attached roof and its supporting
walls or columns and foundation, enclosing one or more floors of interior
space and designed and intended to house, shelter or protect persons,
animals or property.
[Added 6-15-1999]
BUILDING, ACCESSORY
A building, subordinate to and usually smaller than a separate
main building located on the same lot or parcel, which is designed
and intended, or otherwise so used, for some purpose(s) customarily
and necessarily incidental to the lawful use and occupancy of the
separate main building.
[Added 6-15-1999]
BUILDING AREA
The maximum horizontal projected area of a building and its
accessories.
BUILDING COVERAGE
The percentage of the total lot area of an improved lot or
parcel that is covered by the combined areas of the main building
and all separate accessory buildings (if any) located and erected
upon its premises, as determined by using the horizontal measurements
taken between the exterior finished faces of the outside vertical
walls of each building at the points on and along the horizontal plane,
formed by the average surrounding level grade, at which each such
wall intersects such plane or, in the case of the walls of cantilevered
or column-supported sections of such building which do not extend
down to meet such grade, where such walls would intersect such plane
if they were, in fact, so extended.
[Added 6-15-1999]
BUILDING, MAIN
The sole or principal building in which is conducted the
primary use(s) and occupancy of the lot or parcel on which It is situated.
[Added 6-15-1999]
CORNER LOT
For the purpose of determining the percentage of area that
may be built upon in business and industrial zones, a parcel of land
not over 50 feet in width at the junction of and fronting on two intersecting
streets.
CURB LEVEL
The permanently established grade of the street in front
of the lot. Where the lot level is higher than the curb level, the
average level of the former along the wall in question may be taken
as the base for measuring the height of a side yard, inner court or
outer court. Where a lot fronts upon two or more streets of different
levels, the curb level of the higher street may be taken as the base
for measuring the height of open spaces and buildings to a distance
100 feet back from the street with the higher curb level.
DEPTH OF A LOT
The mean distance from the street line of the lot to its
rear line measured in the general direction of the sidelines of the
lot.
FLOOR AREA RATIO (F.A.R.)
The ratio of the combined gross floor area of all buildings, in square feet, to the total lot area of the lot or parcel on which they are situated, in square feet. This calculation shall be computed by adding together the gross floor area of each floor in each building in which the floor-to-ceiling height averages seven feet six inches or more, plus that portion of the floor area of any attic or loft lying immediately under the building's roof and in which the floor-to-ceiling height exceeds four feet or more, provided that at least 70 square feet of the floor area of such attic or loft has headroom of at least seven feet, and provided further that such attic or loft is accessible from the next floor below by way of a permanent built-in interior staircase. In its application to the provisions of Subsection
B of §
195-23.1 of this chapter, the floor area ratio shall be determined by calculating the gross floor area of the dwelling alone or, if there be no dwelling, then of the other main building situated on the lot or parcel, and shall not include the gross floor area of any detached accessory building(s) simultaneously located on the same premises.
[Added 6-15-1999]
FRONT YARD
An open, unoccupied space on the same lot with a building situated between the street wall of the building or any porch thereof, and the street line of the lot. With respect to property which is zoned or used for one-family or two-family residential purposes, the paving limitations set forth in §
84-2 shall be applicable. Additionally, any paved or partially paved driveway or parking area shall be separated from an adjacent property line by a green belt of at least one foot in width and shall be separated from any walkway from the sidewalk to the residence by a green belt of at least two feet in width. No motor vehicles may be parked or stored in a front yard other than on the paved or partially paved driveway or parking area permissible under this Code. Any parked or stored vehicle on the paved or partially paved driveway or parking area permissible under this Code may not encroach more than three feet into the front of the house.
[Amended 11-12-2002 by L.L. No. 5-2002; 10-16-2018 by L.L. No. 3-2018]
GROSS FLOOR AREA
The aggregate sum of the gross floor areas of each of the
several floors of a building, including interior balconies and mezzanines
and any roofed and fully-enclosed garage, entrance anteroom, porch
or other similar space physically attached to, and directly accessible
from, any interior part or portion of such building but, in the case
of one- or two-family residential dwellings only, excluding the floor
area of basements and cellars. For the purposes of calculating and
determining the gross floor area of any particular floor, the horizontal
dimensions shall be taken and measured at the level of the horizontal
plane lying between, and intersected by, the outside finished surfaces
of all exterior vertical walls enclosing the overall space of that
floor.
[Added 6-15-1999]
HEIGHT OF A BUILDING
The vertical distance measured in the case of a flat roof
from the curb level to the highest point of the roof beams adjacent
to the street wall, and in the case of pitched roofs from curb level
to the maximum height of the ridge beam or the peak of the roof. In
the case of both flat roofs and pitched roofs, the measurement shall
be made through the center of the street facade. Where no roof beam
exists or there are structures wholly or partly above the roof, the
height shall be measured from the curb level to the highest point
of the building. Where the walls of the building do not adjoin the
street, the average level of the ground along the front of the building
may be taken in measuring height instead of the curb level.
[Amended 1-24-2006 by L.L. No. 1-2006]
HEIGHT OF A COURT OR YARD
The vertical distance between the lowest level of such court
or yard to the highest point of any bounding wall. Where there is
a gable or mansard the height provided the combined width of all the
dormers in the roof shall not exceed 30% of the length of the building
on the court or yard. In case the combined width of all the dormers
exceeds 30% of the length of the building on the court or yard, the
height shall be measured to the eaves of the highest dormer. In any
given case, the height of a court or yard all be measured to the eaves,
gable or mansard, giving it the maximum height.
INNER COURT
An open, unoccupied space on the same lot with a building
and not extending to either the street or the rear yard.
LENGTH OF AN OUTER COURT
The horizontal distance between the end opening on a street
or a rear yard and the end opposite such street or rear yard.
LINE OF BUILDING
That part of the front building nearest the building lines
supported in a perpendicular position by some means or other from
below.
LOT
A parcel of land occupied by one building and the accessory
buildings or uses customarily incident to it, including such open
spaces as are required by this chapter.
MOTOR VEHICLE
Any self-propelled apparatus or device defined as a motor
vehicle in the New York State Vehicle and Traffic Law or under rules,
orders, regulations or decisions of the Department of Motor Vehicles
of the State of New York.
[Added 10-19-82 by L.L. No. 6-1982]
MOTOR VEHICLE REPAIR SHOP
Includes any lot, plot, building or structure, or part thereof,
designed, erected, used or intended for the construction, reconstruction,
repair, modification, rebuilding, painting or repainting of the body,
chassis or other structural parts, systems or components of motor
vehicles which have been damaged, while the same are in or upon the
premises.
[Added 10-19-82 by L.L. No. 6-1982]
MOTOR VEHICLE SERVICE STATION
Includes any plot, lot, building or structure, or part thereof,
designed, erected, used or intended for the sale of gasoline, kerosene,
diesel or other motor fuels by filling pumps, tanks or devices capable
of depositing the same directly into the fuel storage tanks of private
motor vehicles entering in or upon such premises for such purpose;
for the mechanical servicing, lubricating, repair or maintenance of
any such motor vehicle or their components, systems or parts, while
the same is in or upon the premises; or for the examination, testing
or official inspection of any such motor vehicles, their components,
parts or systems, while the same are in or upon the premises.
[Added 10-19-82 by L.L. No. 6-1982]
OUTER COURT
An open, unoccupied space on the same lot with a building
extending to either the street or the rear yard.
REAR YARD
An open, unoccupied space on the same lot with a building
between the rear wall of the building and a rear line of the lot.
SIDE YARD
An open, unoccupied space on the same lot with a building
situated between the building and the sideline of the lot and extending
through from the street to the rear yard, or where no rear yard is
required, to the rear line of the lot.
STORY
That part of a building between any floor and the floor above
or in its absence the ceiling or roof above. A story which extends
less than eight feet above the curb level shall not be counted in
determining the number of stories. Any story under the pitched roof
at the top of a building, the floor of which is not more than two
feet below the plate, shall be counted a half story when not more
than 60% of said floor area is used for rooms, baths or toilets; otherwise
it shall be counted as that portion of a story which its floor area
in rooms, baths and toilets bear to the entire floor area.
STREET LINE
The dividing line between the street and the lot.