A. 
Words used in the present tense include the future tense; the singular number includes the plural; the plural, the singular; "person" shall mean an individual, partnership, corporation, association or other entity; the word "lot" includes the word "plot" or "parcel"; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied"; the word "building" includes the word "structure"; and the word "shall" is always mandatory.
B. 
Unless otherwise expressly stated, the following words or terms shall, for the purpose of this chapter, be interpreted or defined as follows:
ACCESSORY APARTMENT
Separate dwelling unit, including a bathroom and a single set of kitchen facilities (a stove plus either or both a refrigerator and sink) not shared with any other unit, for permanent year-round occupancy established within an existing one-family dwelling or a building accessory to such dwelling.
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure incidental to and located on the same lot occupied by the principal use, building or structure.
ACREAGE AVERAGING
The subdivision of land into lots as authorized under § 133-26 where one or more of the lots in the subdivision do not meet the lot area and frontage requirements of Article III, but the resulting average lot area is no lower than otherwise allowed.
ADVERTISING
Any and all advertising or any other form of communication for marketing that is used to encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services as may be viewed through various media, including but not limited to newspapers, magazines, flyers, handbills, television commercials, radio signage, direct mail, websites, emails, or text messages by the owner and/or owner's agent or representative.
[Added 4-21-2017 by L.L. No. 4-2017]
ALTERATION
A change or rearrangement to the structural elements of an existing structure, or any enlargement or diminution of an existing structure, or the moving of a building or structure from one location on the premises to another.
ANIMAL HOSPITAL
Premises providing for the harboring and/or care of more than three domestic nonfarm animals three months old or older for compensation.
BED-AND-BREAKFAST
A one-family dwelling with rooms for rent to transient guests for no longer than 14 days, and serving no meals other than breakfast to such guests. Such one-family dwelling must be owner-occupied in all zoning districts other than District B.
BOARDER, ROOMER OR LODGER
An individual who is a transient or is not related to a member of the family occupying a dwelling unit or part thereof who, for compensation, is furnished with sleeping accommodations, with or without meals.
BOARDING OR ROOMING HOUSE
A building with accommodations for three or more boarders, roomers or lodgers who are lodged for compensation, with or without meals. A rooming house, or furnished rooming house, shall be deemed a "boardinghouse."
BOATYARD
A commercial facility providing maintenance, construction and/or repair service for any type of watercraft, with or without provision of supplies, storage, fueling or the retail sale of boats, motors and marine equipment.
BUILDING
A structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property. Structurally attached porches, breezeways, garages and other permanently attached structures and appurtenant equipment such as HVAC units and fuel tanks shall be deemed part of a "building." Cornices, eaves, gutters or chimneys projecting not more than 18 inches, and steps projecting not more than five feet, shall not be deemed part of the building.
BUILDING AREA
The horizontal area covered by buildings, decks, paved terraces, tennis courts, swimming pools, paths greater than four feet wide, and similar constructed elements, but not including driveways and paved parking areas.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the natural ground at the building site before any fill has been or is proposed to be placed thereon to the highest point of the building or structure. Height limitations shall not apply to chimneys, decorative cupolas, monopoles and similar projections of or attachments to a building, provided that they are not usable for human habitation and that they do not exceed the height of the building by more than 10 feet or 20% of the building height, whichever is greater.
CERTIFICATE OF COMPLIANCE
A document issued by the Building Inspector/Zoning Officer certifying one or more of the following:
(1) 
That the lot and all structures and uses on the lot comply with all provisions of the Zoning Code.
(2) 
That the buildings and structures on the lot preexisted the adoption of the Zoning Code.
CERTIFICATE OF OCCUPANCY
A document issued by the Building Inspector/Zoning Officer certifying that the structure and its use is in compliance with all state and local rules, regulations and requirements.
CLUB
An organization where the activities of such club are limited to its members and their guests.
COMMERCIAL ACCOMMODATIONS
A building or group of buildings containing guest units providing transient accommodations to the general public for compensation; includes hotel, motel, motor court, motor lodge, inn and tourist cabins, but not bed-and-breakfast or boarding or rooming house.
CONVENTIONAL BEDROOM
A room designed principally as a sleeping area. Rooms having other purposes, such as dens, living rooms and hallways, are not to be interpreted as a conventional bedroom.
[Added 4-21-2017 by L.L. No. 4-2017]
DOCK
Any structure containing one or more piers, wharves, docks, slips, basins or bulkheads designed, used or intended to be used primarily for the docking, mooring or fueling of boats, whether or not for compensation.
DWELLING, ONE-FAMILY
A detached structure other than a mobile home containing a single dwelling unit.
DWELLING, TWO-FAMILY
A detached structure containing two dwelling units.
DWELLING UNIT
A building or portion of a building intended as living quarters for a single family, having a bathroom and a single set of kitchen facilities (a stove plus either or both a refrigerator and sink) not shared with any other unit.
FAMILY
One or more persons related by blood, adoption or marriage occupying a dwelling unit as a single housekeeping unit. Boarders and lodgers may be included in any family unit up to two in number when living in an owner-occupied dwelling, or one in number when living in a non-owner-occupied dwelling.
FENCE
A work or structure designed to either limit access to an area or to screen an area from view, or both.
GARDEN FENCE
A fence enclosing an area of a lot which is primarily devoted to horticulture or agriculture.
GARAGE, PRIVATE
An accessory building for use by the occupants of the principal building located on the same lot as the principal building allowing the storage of vehicles or other items without compensation.
GARAGE, PUBLIC
A building used for the storage and/or repair of vehicles for compensation, including the retail sale of vehicle parts and accessories.
GASOLINE SERVICE STATION AND FUEL STORAGE FACILITIES
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of petroleum products or the storage of petroleum products in conjunction with such sale. In the case of automotive fuel, such station may be used for the sale of motor vehicle accessories, and may or may not include facilities for washing, lubricating or otherwise servicing motor vehicles, but shall not be used for auto body repair or painting.
GOOD NEIGHBOR BROCHURE
A document prepared by the Town that summarizes the general rules of conduct, consideration, and respect, including but not limited to provisions of the Town Code of the Town of Shelter Island applicable to renters.
[Added 4-21-2017 by L.L. No. 4-2017]
HOME BUSINESS OFFICE
The business office of an individual which provides a service rather than the retail sale of goods (i.e., offices providing the service of consulting, advertising, designing, contracting and/or marketing and which typically require a home personal computer, telephone and/or facsimile transmission machine).
HOME OCCUPATION
Any use customarily conducted by the inhabitants on the property, which use is clearly incidental and secondary to the principal use of the property as a dwelling and does not change the character thereof. The foregoing applies also to professions and trades.
IMPERMEABLE
Driveways which are not covered with native soil or double-washed gravel free of all particles (fines).
[Added 1-3-2012 by L.L. No. 1-2012]
LICENSE
The authorization by the Town Board or Zoning Board of Appeals for a use of land that is personal and does not run with the land.
LOCAL CONTACT PERSON
An individual designated by the owner or owner's agent or representative who resides on Shelter Island and is available 24 hours per day, seven days per week for the purpose of responding by telephone or in person to complaints regarding the condition or conduct of occupants of the residential rental and who is authorized by the owner to take remedial action.
[Added 4-21-2017 by L.L. No. 4-2017]
LOT
A continuous parcel of land in the same ownership throughout, with boundaries established through one or more recorded deeds which meet the lot area and width requirements and other regulations applicable to it at the time of its creation.
LOT AREA
All the areas within the surveyed area of the lot. In the case of a flag lot, the flag strip shall not be included as part of the lot area.
[Amended 9-20-2002 by L.L. No. 12-2002]
LOT COVERAGE
The percentage of lot area exclusive of wetland and the land under water, occupied either by building area or by driveways and parking areas. Any lot with deeded access across a flag lot shall also be deemed to be a flag lot. Calculations of lot coverage for any flag lot shall not include the flag strip.
[Amended 9-20-2002 by L.L. No. 12-2002]
LOT DEPTH
The mean distance between the front and rear lot lines.
LOT FRONTAGE
The linear measurement between the side lot lines running along a street.
LOT LINE, FRONT
The lot line separating a lot from each street right-of-way which it abuts; also referred to as the "street line." Corner and through lots have two or more front lot lines. The front lot line of a flag lot shall be one of the internal lot lines, as determined by the lot owner at the time of application for a building permit upon the said lot. Where a new street right-of-way is created adjacent to a lot by someone other than the lot owner, without the lot owner's consent or participation, that lot line will not be deemed a front lot line but will be deemed a side or rear lot line for as long as that new street is not used by the lot owner for vehicular or other access to the lot.
[Amended 9-20-2002 by L.L. No. 12-2002; 12-28-2006 by L.L. No. 20-2006]
LOT LINE, REAR
The lot line generally perpendicular to the side lot line and generally parallel to the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
MAJORITY OF A BUILDING
More than 50% of the components of construction of a building, as calculated by the Building Inspector pursuant to Building Department policy.
[Added 5-25-2007 by L.L. No. 5-2007]
MANUFACTURED HOUSING
A structure, transportable in one or more sections, which is built on a permanent foundation when connected to the required facilities.
MARINA
Premises for the berthing of watercraft, with or without compensation, as either a principal or accessory use.
MEDICAL ARTS BUILDING
A building consisting of the offices of members of the medical profession including doctors, dentists, optometrists, chiropractors, podiatrists, psychologists, psychotherapists and such other similar professions or occupations as designated by the Town Board.
MERGER
The combining of a conforming or nonconforming lot with an adjacent conforming or nonconforming lot held in common ownership at any time since October 19, 1959.
MOBILE HOME
A vehicle or structure standing on wheels or rigid supports designed, equipped or used for living, sleeping or eating purposes and which is designed or adaptable to motivation by its own power or being towed by another vehicle.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure legally existing prior to October 19, 1959, or any applicable revision or amendment to this chapter thereafter which does not conform, by reason of such revision or amendment, to present zoning district regulations or applicable Building Code requirements.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to October 19, 1959, or any applicable revision or amendment to this chapter thereafter which fails by reason of such revision or amendment to conform to the requirements of the zoning district in which it is located.
NONCONFORMING USE
A use, whether of a building or tract of land, or combination of those, legally existing prior to October 19, 1959, or any applicable revision or amendment to this chapter thereafter which does not conform to the present use regulations of the zoning district in which it is located.
NONCONFORMING USE EXTENSION
A change to a nonconforming use which would have impacts on parking, lighting, noise and/or traffic in the surrounding area. An activity such as a repair or modification which does not create the above impact(s) would not be considered a nonconforming use extension. A change which offers an amenity formerly reserved for customers, to the general public, would be a nonconforming use extension requiring a special permit.
[Added 6-8-2012 by L.L. No. 3-2012]
NURSING HOME
An extended- or intermediate-care facility licensed to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OPEN SPACE
Any lands within the Town characterized by natural scenic beauty or whose open character, natural condition or present state, if retained, would enhance the present or potential value of adjacent, surrounding or nearby lands or of development, or would maintain or enhance the conservation of natural, cultural or scenic resources.
OWNER
The legal owner of any property.
[Added 4-21-2017 by L.L. No. 4-2017]
OWNER OCCUPIED
Premises where owner is simultaneously domiciled on the same or adjacent premises with a tenant or tenants during a rental term.
[Added 4-21-2017 by L.L. No. 4-2017]
PARK
A publicly or privately owned property for the use, enjoyment or appreciation of citizens and which may have improvements designed to facilitate recreational or passive activities.
PERMEABLE
Driveways which are covered with native soil or with double-washed gravel free of all particles (fines).
[Added 1-3-2012 by L.L. No. 1-2012]
PLAT
A map showing the arrangement of lots, blocks, streets, drainage, parks and other improvements, if any.
PREMISES
A tract of land, including its structures.
[Added 6-8-2012 by L.L. No. 3-2012]
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which it is located.
PRINCIPAL USE
The main or primary purpose for which a building, structure or lot is to be used.
RECREATION FACILITY
An indoor or outdoor privately operated business which may include playing fields, courts, arenas or buildings designed to accommodate sports and recreational facilities.
RECREATION, PASSIVE
Recreational use of land requiring little or no structural improvement and leaving the land in or near its natural state.
RENTAL LICENSE
An annual license issued by the Town to the owner to allow the use or occupancy of a vacation rental, pursuant to this chapter.
[Added 4-21-2017 by L.L. No. 4-2017]
RENTAL NOTIFICATION
Notification of a confirmed rental made by the owner of a vacation rental to the Town.
[Added 4-21-2017 by L.L. No. 4-2017]
RENTAL REGISTRY
A registry maintained by the owner of a vacation rental showing the dates of rental and tenant names and contact information.
[Added 4-21-2017 by L.L. No. 4-2017]
RENTAL TERM
The period of time a tenant rents or leases a portion or all of a premises.
[Added 4-21-2017 by L.L. No. 4-2017]
RESTAURANT
A building or portion thereof where food and beverages, whether or not alcoholic, are prepared on the premises and sold to the public for consumption on and off the premises.
SCREEN
To visually shield or obscure structures or activities from other premises, effective year round as viewed from other premises.
SETBACK
The distance from a street or other lot line to the nearest point of any structure requiring a building permit.
SETBACK, FRONT
A distance measured from a front lot line. Typically, corner and through lots must provide two front setbacks.
SETBACK, SIDE OR REAR
A setback measured from a side or rear lot line.
SIGN
A structure or device designed or intended to convey information through written or pictorial form.
SIGN AREA
The area of the smallest rectangle or circle within which the entire sign can fit.
SPECIAL PERMIT USE
A use for which this chapter provides that the Zoning Board of Appeals or the Town Board may grant a permit.
SQUARE FOOT LIVING AREA
Also known as "SFLA" the square footage of heated and/or air conditioned area within the outer walls of all structures on a residential lot, not including an unfinished basement or attic, garage(s) structure(s) without heat or air conditioning.
[Added 6-3-2005 by L.L. No. 4-2005; amended 3-22-2019 by L.L. No. 3-2019]
STORY
A portion of any building measured from the level of one finished floor to the level of the next higher finished floor or, if there is no higher floor, then that portion of the building measured from the level of the highest finished floor to the top of the roof beams.
STREET
Any federal, state, county or Town highway or road or any street shown upon a subdivision plat filed in the Office of the Suffolk County Clerk or any private road or right-of-way providing access to land as shown on deeds or plats or existing prior to October 19, 1959, from which yards and other requirements are measured.
STRUCTURE
Anything constructed or erected on or under the ground or upon another structure or building, excluding walkways, underground tanks, driveways and customary yard accessories not requiring a building permit.
[Amended 2-28-2014 by L.L. No. 2-2014]
SUBDIVISION, DIMENSIONAL
The reseparation of a parcel of land into no more than two lots which have been merged and which do not meet the bulk requirements of the zoning district in which they are located.
SURFACE, IMPERVIOUS
A surface that is impermeable, preventing water from infiltrating into the soil below, including but not limited to cement, concrete, macadam, pavement, buildings and swimming pools or other materials so densely compacted that they are comparably resistant to infiltration.
SURFACE, PERVIOUS
A surface that is permeable, allowing water to infiltrate to the soil below, including but not limited to vegetated areas and prepared surfaces such as crushed stone that have substantial voids between their solid elements.
SWIMMING POOL
An accessory structure consisting of an enclosure constructed above or below ground level, intended to contain water of sufficient depth for one or more persons to swim, and including all appurtenant equipment.
TENANT
A person to whom an owner or owner's agents and/or representatives grant temporary use of land or a part of a building, usually in exchange for rent.
[Added 4-21-2017 by L.L. No. 4-2017]
TENNIS COURT
An accessory structure constructed on the ground consisting of a playing area for use in the game of tennis and having a permanent or temporary net. Associated fencing shall not exceed a height of 10 feet and, along with backstops, netting and other improvements, shall be considered a part of the "tennis court." Handball courts, racquetball courts and similar facilities shall be included in this definition.
TENT CAMP
Facilities using temporary shelters for supervised recreational, health, educational, religious and/or athletic programs.
TRAILER PARK, COURT OR CAMP
Premises providing space for either short- or long-term parking of two or more mobile homes, travel trailers or recreational vehicles, with or without provision of services and facilities for the residents.
VACATION RENTAL
(1) 
Any one-family dwellings, two-family dwellings, apartments, and any other buildings or structures, whether attached or detached to a primary structure used as a temporary living space by persons other than the owner or owner's immediate family (to include parents, siblings, children and grandchildren) for a period of 14 days or less, and for which money or other consideration or compensation is paid, directly or indirectly, for the use and enjoyment of all or a portion of the dwelling unit.
[Added 4-21-2017 by L.L. No. 4-2017; amended 5-25-2018 by L.L. No. 5-2018]
(2) 
For the purposes of this chapter, vacation rentals shall not include:
(a) 
Any premises or portion of premises rented to a tenant as a fixed and permanent home; or
(b) 
Any premises, or portion of premises, that is owner occupied as defined in this section; or
(c) 
Any premises used exclusively for nonresidential, commercial or nonprofit purposes; or
(d) 
Any legally operating commercial hotel/motel, inn or bed-and-breakfast establishment; or
(e) 
Rental of premises located in the B Business Zone; or
(f) 
Rentals of any duration by Taylor's Island Foundation, The Nature Conservancy, Mashomack, or Sylvester Manor that are used as fund-raisers for these nonprofits.
(g) 
Rentals of property during declared emergencies.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land that does not meet the dimensional or bulk requirements of this chapter.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose prohibited by this chapter.
WALL, EXTERIOR
A structure of wood, stone, earth or other materials, or combination thereof, intended for security, screening or enclosure.
WETLANDS
(1) 
TIDAL WETLANDS:
(a) 
All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other lowlands subject to tidal action, including those areas now or formerly connected to tidal waters.
(b) 
All banks, bogs, meadows, flats and tidal marsh subject to such tides, and upon which grow or may grow some or any of the following: salt hay (Spartina patens and Distichlis spicata), black grass (Juncus Geradi), saltworts (Salicornia ssp.), sea lavender (Limonium carolinianum), tall cordgrass, (Spartina pectinata and Spartina cynosuroides), hightide bush (Iva frutescens), cattails (Typha angustifloria and Typha latifolia), groundsel, (Baccharis halmilifolia), marsh mallow (Hybiscus palustris) and the intertidal zone including low marsh cordgrass (Spartina alterniflora).
(c) 
Lands and water substantially enclosed by aquatic or semiaquatic vegetation as set forth in this subsection, the regulation of which is necessary to protect and preserve the vegetation.
(2) 
FRESHWATER WETLANDS:
(a) 
Lands and submerged lands, commonly called marshes, ponds, swamps, sloughs, bogs, flats and the like, regardless of the type or amount of vegetation growing thereon or the absence of same.
(b) 
All lands upon which grow any of the following plant species or vegetation:
[1] 
Wet meadow consisting of such plants as sedges (Carex spp.), rushes (Juncus spp.), coarse grasses and sometimes cattails (Typha spp.).
[2] 
Emergent marsh including, among others, cattails (Typha spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus), arrowheads (Sagittaria spp.), reeds (Phragmites communis), burreeds (Sparganium spp.), pickerelweed (Pontederia cordata), wild rice (Zizania aquatica), water plantain (Alisma plantago-aquatica), bulrushes (Scirpus spp.) and arrow arum.
[3] 
Deciduous swamp consisting of live deciduous trees over 15 feet in height such as American elm (Ulmus americana), red maple (Acer rubrum), silver maple (Acer saccharinum), red ash (Fraxinus pennsylvanica), black ash (Fraximus nigra), swamp white oak (Quercas bicolor) and willows (Salix spp.).
[4] 
Coniferous swamp consisting of live coniferous trees over 15 feet in height, such as black spruce (Piccamariana), white cedar (Chamaecyparis thyoides), red spruce, balsam fir and American larch.
[5] 
Shrub swamp consisting of vegetation less than 15 feet in height, such as alders (Alnus spp.), willows, leatherleaf, bog rosemary (Andromeda glaucophylla), sweet gale, buttonbush (Cephalanthus occidentalis), highbush cranberry, red osier dogwood (Cornus spp.) and sphagnum moss (Sphagnum spp.) in bog mats.
[6] 
Floating vegetation such as duckweed (Lemna spp.), watermeal (Wolffia spp.), waterlily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.).
[7] 
Submergent vegetation such as pondweeds (Potamogeton spp.), naiads (Najas spp.), coontail (Ceratophyllum demersum), water milfoils (Nitelia spp.), wild celery (Vallisneria americana), muskgrass, stonewort, water smartweed (Polygonum amphibium) and bladderworts (Ultricularia spp.).
[8] 
Lands and water substantially enclosed by aquatic, semiaquatic or dead vegetation as set forth in this subsection, the regulation of which is necessary to protect and preserve the vegetation.
(c) 
All areas shown or designated as wetlands on the New York State Freshwater Map for Suffolk County, Sheet 7 of 39, promulgated May 26, 1993, by the New York State Department of Environmental Conservation (DEC), or amended thereafter, except areas that are demonstrated by an applicant to the satisfaction of the Building Inspector to not be included in either Subsection (2)(a) or (b) above.
(3) 
The waters overlying and the lands underlying the areas set forth in Subsections (1) and (2) of this definition.
YARD, FRONT
The space within and extending the full width of the lot from the front lot line to the nearest point of the principal building.
YARD, REAR
The space within and extending across the full width of the lot from the rear lot line to the nearest point of the principal building. Yards on irregularly shaped lots where "side" versus "rear" is indeterminate shall be construed as rear yards.
YARD, SIDE
A yard other than a front or rear yard, measured from the side lot line it abuts to the nearest point of the principal building. Corner lots typically have two side yards and no rear yard.