[Amended 12-19-1966; 3-15-1998 by L.L. No. 1-1988]
Unless otherwise expressly stated the following
words and terms shall, for the purpose of this chapter, have the meaning
indicated.
Any building or structure that is on the same lot with a principal building and that is used or to be used solely for purposes customarily incidental to those of the principal building and not for human living or sleeping accommodations. An accessory building includes, but is not limited to, a garage for not more than five cars, swimming pool (whether aboveground or in-ground and including its filtration and mechanical equipment), swimming pool cabana or bathhouse, toolhouse or storage shed, children's playhouse, tennis court and tennis house, together with any appurtenant tennis court fence, which shall not exceed 10 feet in height, or other structure, patio, deck, paved area used principally as a recreational area or outdoor living area, putting greens, roofless fenced enclosures for animals, such as a paddock, corral or riding ring, roofed enclosure for animals, such a stable, barn or dog kennel, freestanding communication antennas which are used for the receiving or sending of communication signals, and a noncommercial greenhouse. Guesthouses or buildings designed or equipped to be used or occupied for habitable purposes are not accessory buildings and are not permitted, unless allowed pursuant to § 320-17.
[Amended 7-24-2008 by L.L. No. 2-2008; 2-19-2013 by L.L. No.
1-2013]
A detached building, other than a principal building, which
is designed and equipped to be used or occupied for human habitable
purposes.
Any addition or modification in construction or arrangement
of structural supports or partitions, including an extension on any
side or increase in height of the structure or any change in use,
or any movement of a structure from one location or position to another.
Reasonable and ordinary repairs to remedy minor deterioration shall
not be considered an alteration. The Board of Trustees may, by resolution,
establish construction guidelines which qualify as an alteration.
An employee regularly employed by the occupant of the principal
building, provided that such employment constitutes their principal
occupation at all times during said period of employment.
[Amended 7-24-2008 by L.L. No. 2-2008]
Any structure having a roof supported by columns, poles or
walls. The term "building" for the purpose of this chapter shall also
include the terms "principal building," "accessory building," "accessory
dwelling," and "structure."
The aggregate of the maximum horizontal cross-section area
of all buildings projected on a lot, excluding the following:
A portion of a lot with a minimum dimension in any direction
of at least 75 feet and which does not include any wetlands, water
bodies, watercourses, buffer areas or very steep slopes, all as defined
in the Code of the Village of Oyster Bay Cove, and which conforms
to required minimum yard setbacks for principal buildings and accessory
structures. No more than 1/3 of such contiguous buildable area may
consist of steep slopes as defined in the Village Code and shall be
the preferred location for the principal building.
[Added 11-15-2005 by L.L. No. 14-1005; amended 3-21-2005 by L.L. No. 4-2006; 2-19-2008 by L.L. No. 1-2008]
A roofless platform, above or on grade, constructed of wood
or other material, whether attached to a building or freestanding.
Any motor vehicle that is registered with the New York State
Department of Motor Vehicles and authorized to operate on public and
private highways, roads, and streets, and uses electrical energy stored
on board for motive purpose.
[Added 3-17-2015 by L.L.
No. 2-2015]
The structures, machinery, and equipment necessary and integral
to support an electric vehicle, including the electrical conduit and
premises wiring requirements for the installation of electric vehicle
supply equipment.
[Added 3-17-2015 by L.L.
No. 2-2015]
The conductors, including the ungrounded, grounded, and equipment
grounding conductors and the electric vehicle conductors, attachment
plugs, and all other fittings, devices, power outlets, or apparatus
installed specifically for purposes of delivering energy from the
premises wiring to the electric vehicle, complying and conforming
with National Electric Code Article 625 and Society of Automotive
Engineers J1772 Standard.
[Added 3-17-2015 by L.L.
No. 2-2015]
Two or more persons related by blood, adoption or marriage,
living or cooking together as a single housekeeping unit, including
bona fide domestic employees. Two or more persons living as a single
housekeeping unit and using a common kitchen for cooking shall be
deemed a family, even though not related by blood, marriage and adoption.
[Amended 7-24-2008 by L.L. No. 2-2008]
The street line of a lot which is not a corner lot or, if
such lot extends through a block, the street line from which the principal
building sets back the lesser distance. In the case of a corner lot,
the "front lot line" is the front street line as designated in an
application for a permit to erect or alter a building on such lot
or, in not so designated, the street line from which the principal
building sets back the greatest distance or, if its setback is equidistant
from two or more street lines, the street line which is nearest to
the main entrance of the principal building.
[Amended 7-24-2008 by L.L. No. 2-2008]
An open unoccupied space on the same lot with a principal
building between the front wall of the principal building and the
front lot line of the lot measured as the shortest distance between
the front wall of the building and the front lot line.
A building primarily designed to be used for the housing
of one or more motor vehicles. The total number of garage stalls for
parking motor vehicles on any single property, whether attached or
unattached to the principal structure, shall not exceed five stalls.
[Amended 2-19-2008 by L.L. No. 1-2008; 7-24-2008 by L.L. No.
2-2008]
The sum of the horizontal areas of the floors of a building
or buildings measured from the exterior of the framed walls of such
building or buildings, without exclusion of any interior spaces, and
also including half stories and detached garages located within 25
feet of the principal structure, except that half stories where the
vertical distance between the floor or floor beams and the ceiling
or roof structure next above is less than 6 1/2 feet and open porches
shall not be included in the computation of the gross floor area.[1]
[Added 2-19-2008 by L.L. No. 1-2008]
The height of a building is the vertical distance measured
from the mean existing ground level prior to construction at the wall
of the building nearest the street line to the highest point of a
building including any attachments.
The ratio of height (vertical rise) to setback from the property
line (horizontal run) in the form of an inclined plane beginning at
the property line nearest the building and extending toward the building
at a slope determined by the specified ratio. The beginning point
of the inclined plane is measured from the existing ground level at
the highest point where it meets a corner of the relevant existing
or proposed building wall, projected to the property line.
[Added 7-24-2008 by L.L. No. 2-2008]
A parcel of land legally created or recognized pursuant to
the provisions of this chapter for a permitted use or to be improved
and occupied with one principal building or use and such other permitted
accessory buildings and uses. The term "lot" shall include the terms
"plot" and "corner lot." A corner lot shall be a lot at the junction
of two or more intersecting streets or rights-of-way.
[Amended 11-25-1991 by L.L. No. 2-1991; 11-15-2005 by L.L. No. 14-2005]
The total horizontal area of a lot within its
legal boundaries measured to the street line, excluding:
Any portion which has less than 1/2 of the minimum
lot width for the zoning district;
Any portion which lies within a driveway, right-of-way,
or access easement serving any other lot or lots;
Any portion which is within a street, right-of-way
or lane;
Any portion which is burdened by an easement
or restriction that affects the use or development of that portion
of the lot which is not within the minimum front, side and rear yard
and is not a customary easement for utilities and similar services
to the premises;
[Amended 7-24-2008 by L.L. No. 2-2008]
Any portion which is within "an area of special flood hazard" as defined in § 320-72 of this chapter;
Seventy-five percent of any portion which constitutes
a wetland, water body or watercourse, or is within a buffer area,
as defined in the Village Code; and
[Amended 3-21-2006 by L.L. No. 4-2006]
Twenty-five percent of any portion which constitutes
a steep slope, and 50% of any portion which constitutes a very steep
slope area, as defined in the Village Code.
Notwithstanding the foregoing, the area of any lot which lawfully existed in the Village prior to September 1, 2004, shall not be deemed to be less than the minimum lot size required in the district in which it is located, or to otherwise be made nonconforming, as a result of exclusions in Subsection A(6) and (7) above. Lot area exclusions in Subsection A(1) and (4) above shall not be deducted from the lot area when computing the maximum building area on any such lot. Any such nonconforming lot may continue to exist and be used without the need for variances; provided, however, that any change in use or development of any such lot shall comply with all requirements of the zoning regulations of the Village of Oyster Bay Cove other than the requirements for minimum lot area. In the case of a nonconforming building which lawfully existed as of February 1, 2006, alterations or additions to such building are permitted notwithstanding the front setback requirements in this section, provided that the alterations or additions are located within the existing footprint of the building and are at least 75 feet from the front property line.
[Amended 3-21-2006 by L.L. No. 4-2006]
Lot depth is the shortest distance measured between the front
and rear lot lines measured in the general direction of the side lines.
[Amended 7-24-2008 by L.L. No. 2-2008]
The shortest distance measured between opposite side lot
lines.
[Amended 7-24-2008 by L.L. No. 2-2008]
A paved, brick or gravel area primarily used for outdoor
living, excluding driveways and walkways.
A surface attached to a building covered by a roof and designed
to be used as open, outside living space having no walls or materials
enclosing the space.
[Added 2-19-2008 by L.L. No. 1-2008]
A building on a lot used or occupied as the main dwelling
or building for a permitted principal use.
The boundary line of a lot generally opposite the front lot
line. For a corner lot having more than one rear lot line, the owner
may elect in his original building permit for construction, which
boundary line shall be deemed as the rear lot line, which designation
shall then apply to all future construction.
[Amended 7-24-2008 by L.L. No. 2-2008]
An open unoccupied space on the same lot with a building
between the rear wall of the principal building and the rear lot line
of the lot measured on the shortest distance between the rear wall
of the building and rear lot line of the lot.
A setback of a building or any structure, except fences,
walls, entrance piers or gates customarily located at or near the
property line and driveways or portions thereof from the particular
lot line is the distance from a lot line to the part of the building
or any structure or portion thereof which is nearest to that lot line.
This measurement shall be the distance that such building or story
is "setback" or that it "sets back" from a lot line.
[Amended 7-24-2008 by L.L. No. 2-2008]
All boundary lines of a lot which are not a rear lot line
or a front lot line.
An open unoccupied space on the same lot with a building
situated between the building and the side lot line of the lot and
extending through from the street line or from the front yard to the
rear yard or to the rear lot line of the lot measured on the shortest
distance between the side wall of the building and the side lot line
of the lot.
Includes the word "billboard" and shall be deemed to mean
any advertising structure, sign, picture, word or device for advertisement.
A principal building designed for and occupied exclusively
as a home or residence for not more than one family.
An accessory building used for the housing or keeping of
horses owned or used by the owner or tenant of the lot for personal
use and not for commercial boarding or livery.
That part of a building between any floor and the floor above
or, in its absence, the ceiling or roof above. A story in which persons
live, sleep, work or congregate, the ceiling of which is more than
three feet above the average grade measured from the ground at each
end of the structure, shall be counted as that fraction of a story
which its height above the average grade level bears to the height
of the story. The lower portion of a building which extends less than
three feet above the average grade level shall not be deemed a story.
[Amended 7-24-2008 by L.L. No. 2-2008]
An uppermost story with at least two opposite exterior sides
extending not more than two feet above the surface of the floor of
such half-story, which sides meet a sloping roof.
[Added 2-19-2008 by L.L. No. 1-2008;
amended 7-24-2008 by L.L. No. 2-2008]
A way which is an existing state, county, town or Village
highway, or a private road which appears on the Official Map of the
Village of subdivision plat approved by the Village.
[Added 7-24-2008 by L.L. No. 2-2008]
That portion or length of the lot that abuts a street or
right-of-way.
[Amended 7-24-2008 by L.L. No. 2-2008]
Anything constructed or erected, the use of which requires
location on or under the ground or attachment to something having
location on the ground, excluding, mailboxes, lighting fixtures, name
signs, driveways and walkways.
[Amended 7-24-2008 by L.L. No. 2-2008]
Any artificial body of water or receptacle for water having
a depth at any point greater than 18 inches, installed or maintained
outside a building, in or above the ground, and used or intended to
be used for swimming or bathing. A swimming pool shall be deemed to
include the surface area of the water, its pool coping and surrounding
patio, slide, diving board or other appurtenant structure, if any.
[Amended 7-24-2008 by L.L. No. 2-2008]
The Village of Oyster Bay Cove.
[1]
Editor's Note: The former definition of "habitable
floor area," which immediately followed this definition, was repealed
7-24-2008 by L.L. No. 2-2008.
Words used in their present tense shall include
their future tense; the singular includes the plural and the plural
includes the singular; terms shall be deemed to include all parts
thereof, unless specifically excluded; person shall include the term
corporation, partnership, association or other entity, as well as
individual.
B.
The boundaries of said districts shall be shown upon
the map attached to and made a part of this chapter, which map is
entitled "Official Zoning District Map of the Incorporated Village
of Oyster Bay Cove as amended May 15, 1951, in the Town of Oyster
Bay, County of Nassau and State of New York," and all the notations,
references and other things shown thereon shall be as much a part
of this chapter as if they were all fully described herein.[1]
[1]
Editor's Note: The Official Zoning District
Map is on file in the Clerk's office.
The districts designated on said map and as
hereby established are bounded and described as follows:
A.
The area of the Residence A-1 District shall be all that part of the Village which is not embraced in the Residence A-2 District (described below in Subsection B) and property annexed to the Village, more particularly described as follows:
[Amended 11-9-1963; 11-20-1979 by L.L. No. 4-1979]
|
BEGINNING at a point on the easterly side of
Berry Hill Road distant 436.91 feet southerly, when measured along
the easterly side of Berry Hill Road, from the intersection of the
easterly side of Berry Hill Road with the southerly side of Fox Hunt
Crescent, said point of beginning being also at the intersection of
the division line between the Town of Oyster Bay and the Incorporated
Village of Oyster Bay Cove, with the easterly side of Berry Hill Road,
and from said point of beginning running along the present division
line between said Town and said Village the following five courses
and distances:
| ||
|
1.
|
North 82 degrees 55 minutes 22 seconds East
897.61 feet;
| |
|
2.
|
South 06 degrees 27 minutes 30 seconds East
595.70 feet;
| |
|
3.
|
South 14 degrees 38 minutes 20 seconds East
44.22 feet;
| |
|
4.
|
South 12 degrees 14 minutes 10 seconds East
150.11 feet;
| |
|
5.
|
South 12 degrees 40 minutes 50 seconds East
552.96 feet;
| |
|
running thence westerly through Lot 375, South
80 degrees 49 minutes 00 seconds West 588.79 feet;
| ||
|
running thence North 09 degrees 02 minutes 45
seconds West 1067.74 feet;
| ||
|
running thence South 80 degrees 49 minutes 00
seconds West 328.38 feet to the easterly side of Berry Hill Road;
| ||
|
running thence along the easterly side of Berry
Hill Road North 09 degrees 11 minutes 00 seconds West 306.12 feet
to the point or place of BEGINNING.
| ||
B.
The area of Residence A-2 District shall be that portion
of the Village which is embraced within the following described boundaries:
BEGINNING at a point at the northwesterly corner
of property now or formerly of Caroline Baker; thence southerly along
the westerly line of property now or formerly of Caroline Baker 84.5
feet; thence easterly along the southerly line of said property now
or formerly of Caroline Baker 76.76 feet to a point on the westerly
line of a certain right-of-way 33 feet wide; thence southerly along
the westerly line of said right-of-way to a point on the extension
westerly of the southerly line of property now or formerly of Thomas
Baker; thence easterly along the said extension of the southerly line
of said property now or formerly of Thomas Baker and along the southerly
line of said property now or formerly of Thomas Baker to a point at
the southeasterly corner of said property now or formerly of Thomas
Baker; thence northerly along the easterly line of said property now
or formerly of Thomas Baker 50 feet to a point on the southerly line
of property now or formerly of Katherine Baker; thence easterly along
a portion of the southerly line of said property now or formerly of
Katherine Baker and along the southerly lines of properties now or
formerly of Charles W. Ludlam, James J. Kehoe, Elbert Velsor, Samuel
R. Bertron, Sarah Carnes Weekes Hoppin and William Tripp and along
the extension easterly of the southerly line of said property now
or formerly of William Tripp to a point on the easterly line of a
right-of-way running northerly to the highway known as the Cove Road
and bordering properties now or formerly of William Tripp, William
F. Ley or Fley and Samuel R. Bertron on the east; thence northerly
along the easterly line of the highway known as the Cove Road; thence
westerly along the southerly line of said highway known as the Cove
Road to the point or place of beginning.
After the effective date of this chapter, no
building or premises, or any part thereof, in the Village shall be
used or maintained for any purposes other than the uses permitted
therefor by this chapter. No building or part of a building in the
Village shall be erected, enlarged, altered or maintained except in
conformity with the provisions of this chapter, nor shall any building
or part of a building in the Village be used or maintained if erected,
enlarged or altered other than in conformity with the provisions of
this chapter.
