A.
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. Unless
otherwise specified, all distances shall be measured horizontally.
The word "Village" means the Incorporated Village of Cove Neck, Nassau
County, New York.
B.
The term "Village Board" means the Mayor and Board
of Trustees of the Village; the term "Board of Appeals" means the
Zoning Board of Appeals of the Village; the term "Planning Board"
means the Planning Board of the Village; the term "Building Inspector"
means the Building Inspector of the Village; the term "Village Plan"
means the plan adopted by the Village Planning Board pursuant to § 179-gg
of the Village Law.[1] The word "shall" is mandatory and not directory.
[1]
Editor's Note: See now § 7-722 of
the Village Law.
B.
ACCESSORY BUILDINGS AND USES
ACCESSORY DWELLING
ALTER
AREA, BUILDING
AREA, FLOOR
BASEMENT
BUILDING
BUILDING, PRINCIPAL
CAMP
CAMP, DAY
COVERAGE
DECK
DWELLING
DWELLING, ONE-FAMILY
DWELLING UNIT
FAMILY
FARM, FARM USE OR CUSTOMARY FARM OCCUPATION
FILED MAP
FRONTAGE
GARAGE, PRIVATE
GRADE, FINISHED
HEIGHT OF BUILDING
HOME OCCUPATION
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
NONCONFORMING USE
OFFICIAL MAP
PARKING AREA
PARKING SPACE
PATIO
SCHOOL, PRIVATE
(1)
(2)
SIGN
SIGN, ADVERTISING
SIGN, ANNOUNCEMENT
SIGN, OFFICIAL ROAD
SIGN, REAL ESTATE
SIGN, REAL ESTATE DEVELOPMENT
SIGN SIZE
STORY
STORY, HALF
STREET
STRUCTURE
SWIMMING POOL
TERRACE
USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
For the purpose of this chapter, certain words and
terms used herein are defined as follows:
A use or building which is subordinate and accessory to the
principal use or building on the same lot and which is used for purposes
customarily incidental to those of the principal use or building and
not used for overnight occupancy by humans, such as and including
a private garage, paved area used principally as a recreational area,
private swimming pool and appurtenant bathhouse, tennis house, tennis
court, patio, deck, disk-type satellite antenna having a diameter
over five feet, paddock, private riding ring, private stable, inflatable
dome or covered structure whether permanent or seasonal, that is attached
to the ground with permanent footings, and a noncommercial greenhouse,
and an accessory dwelling, as defined below.
[Amended 9-11-1985 by L.L. No. 2-1985; 11-23-1999 by L.L. No.
1-1999; 7-13-2016 by L.L. No. 3-2016]
A detached accessory building legally existing prior to September
11, 1985, used as a single-family dwelling on a lot which contains
a principal building.
[Added 9-11-1985 by L.L. No. 2-1985]
To change or rearrange the structural part or the exit facilities
of a structure or to move a building from one location or position
to another.
The total area of a lot covered by all buildings thereon,
both principal and accessory, measured by the exterior dimensions
of such buildings, but not including uncovered porches, steps, and
terraces.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior face of exterior
walls or from the center line of walls separating two buildings, and
excluding breezeway and garage areas, and basement and attic floor
areas used only for accessory uses.
That portion of a building wholly or partly underground which
extends no more than four feet above the adjoining finished grade.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any area of land or water, including any building or structure,
or group of buildings or structures, used for temporary living, camping
and/or sports and recreation purposes or activities but excluding
municipally owned areas and buildings or structures used by a municipality
for such recreation purposes.
Any camp as defined in this chapter offering day care, instruction,
recreation, play or sports for adults or children and not qualifying
as a private school as herein set forth.
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
An outdoor, open, wooden platform either attached to or adjoining
an accessory building or principal building, primarily used for outdoor
living.
[Added 11-23-1999 by L.L. No. 1-1999]
A detached building designed or used exclusively as living
quarters for one family. The term shall not be deemed to include an
automobile court, motel, boardinghouse or rooming house, mobile house
trailer, tourist home, or tent.
A dwelling containing one dwelling unit only.
A building or portion thereof providing complete housekeeping
facilities for one family.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bond.
A farm or farm use shall be the use of a parcel of land either
as a principal or accessory use for the purpose of producing agricultural,
horticultural, floricultural, vegetable or fruit products of the soil,
livestock and meats, poultry, eggs, dairy products, nuts, honey or
wool and hides, but shall not include the breeding, raising or maintaining
of fur-bearing animals, riding academies, livery stables or animal
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 map, survey or plot with respect to land within the Village
filed in the County Clerk's office of Nassau County pursuant to law.
The extent of a building or a lot along a street.
An accessory building or part of a main building used primarily
for the permitted storage of motor vehicles.
The finished grade of any point along the wall of a building
shall be the elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point.
The vertical distance from the average established grade
in front of the lot or from the average natural grade at the building
line, if higher, to the level of the highest point of the roof, if
the roof is flat, or to the mean level between the eaves and the highest
point of the roof, if the roof is of any other type. When a lot fronts
on two or more streets of different levels, the lower street, or the
average elevation of the lot with regard to the abutting streets,
may be taken as the base for measuring the height of the building.
An accessory use of a character customarily conducted entirely
within a dwelling by the residents thereof, using only customary home
appliances, which use is clearly incidental and secondary to the use
of the dwelling for dwelling purposes, does not change the character
thereof, does not have any exterior evidence of such secondary use
other than a small nameplate not over two square feet in area, and
which does not involve the keeping of a stock-in-trade. The conducting
of a clinic, hospital, barbershop, beauty parlor, photographer salon,
tea room, tourist home, real estate office, animal hospital, dancing
instruction, music instruction, band instrument instruction in groups,
convalescent home, funeral home, stores of any kind, or any similar
use shall not be deemed to be a home occupation.
A parcel of land, not divided by streets, devoted or to be
devoted to a particular use, or occupied or to be occupied by a building
and its 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 as a condition
of the issuance of a building permit for a building or buildings on
such land.
The total horizontal area included within lot boundaries,
excluding any part of an access road which is not a driveway for single
use in connection with the lot.
A lot of which at least two adjacent sides each abut for
a distance of 50 feet or more on streets or public places. Any other
lot is an interior lot. The owner, when first applying for a building
permit, shall designate which of the two streets is to be the principal
frontage for the purpose of establishing the front, rear and side
yard requirements of the lot.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
The property lines bounding a lot as defined herein.
In the case of a lot abutting upon only one street, the line
separating the lot from the street. In the case of any other lot,
the owner shall, for the purpose of this chapter, have the privilege
of electing any street lot line as the front lot line.
The lot line which is generally opposite the front lot line.
If the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line not less than 10 feet long, lying
wholly within the lot and farthest from the front lot line.
The property line or lines extending from the front lot line
to the rear lot line.
A lot having frontage on two parallel or approximately parallel
streets and extending from street to street. The front yard regulations
shall apply on each street.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful at the time this chapter or amendments thereto became
effective.
The map established by the Village Board pursuant to § 179-e
of the Village Law and any amendments thereto,[2] adopted by the Village Board pursuant to § 179-h
of the Village Law,[3] or additions thereto resulting from the approval of subdivision
plats by the Planning Board and the subsequent filing of such plats
pursuant to § 179-m of the Village Law.[4]
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto. In general, there
shall be an average of about 350 square feet of parking area per parking
space.
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of nine feet and an
area of not less than 190 square feet, exclusive of passageways and
driveways appurtenant thereto and giving access thereto, and having
direct usable access to a street.
A paved, brick or gravel uncovered area, adjoining an accessory
building or principal building, primarily used for outdoor activity.
[Added 11-23-1999 by L.L. No. 1-1999]
Includes the following: parochial or church-conducted
primary and secondary schools, (private) nursery, kindergarten, primary
and secondary schools either chartered by the Regents of the University
of the State of New York or approved by and under the supervision
of the New York State Department of Education or chartered by a special
act of the Legislature, which parochial and private primary schools
shall furnish academic instruction as required by § 3204
of the Education Law, and all of which enumerated schools shall have
curricula similar to those of public schools approved by said Board
or said Department and give regular instruction to pupils five days
a week (holidays in any week, customary holiday periods and temporary
closings for emergencies excepted) for not less than nine consecutive
months in each school year but which schools shall be conducted only
during the period between September 1 and July 1 of each school year
(a period coextensive with the period during which public schools
are required to be in session) and all of which secondary schools
shall give Regents examinations.
The foregoing enumeration shall in no case include
schools, though chartered, giving special or limited instruction,
namely: trade schools, business schools or vocational schools, such
as, but not limited to, music schools, dramatic schools, art schools,
automobile driving schools, real estate and insurance schools, radio
and television schools, beauty culture and massage schools, charm
schools, fashion schools, interior decorating schools, swimming schools,
dancing schools, barber schools and other similar types of schools.
Any device for visual communication which is used for the
purpose of bringing the subject thereof (other than the location of
a residence) to the attention of the public.
[Amended 9-24-2009 by L.L. No. 2-2009]
Any sign advertising the sale of goods, the performance of
service, or the name or location of a proprietor. Billboards and similar
signs shall be included in the term "advertising sign." Legally permitted
real estate signs shall not be included in the term "advertising sign."
[Amended 9-24-2009 by L.L. No. 2-2009]
Any sign used to announce the ownership, private restriction,
or the use of the lot upon which displayed for a professional office,
home occupation, or religious, charitable, or other institutional
use.[5]
[Amended 9-24-2009 by L.L. No. 2-2009]
Any sign erected by a Village, town, county or state agency
and used to inform, control or direct traffic on a street.
[Amended 9-24-2009 by L.L. No. 2-2009]
Any sign used to advertise the sale, lease, rental, availability
or location of real estate.
[Amended 9-24-2009 by L.L. No. 2-2009]
A real estate sign used to advertise the sale or lease of
building lots or buildings, part of a subdivision, or other real estate
development and located within the boundaries of such subdivision
or development.
[Amended 9-24-2009 by L.L. No. 2-2009]
The area which results by multiplying the outside dimensions
of a sign, not including the vertical, horizontal or diagonal supports
which may affix the sign to the ground or to a structure or building.
Where the sign consists of individual letters or symbols attached
to or painted on a building, the area shall be considered to be that
of the smallest rectangle which encompasses all of the letters or
symbols.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is 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 the ceiling
is more than four feet above the level from which the height of the
building is measured or if it is used for business purposes or for
dwelling purposes by other than a janitor or watchman.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
A way which is an existing state, county or Village highway
or a way shown upon a subdivision plat approved by the Planning Board,
as provided by law, or on a plat duly filed and recorded in the office
of the County Clerk.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. The term "structure" shall be construed as if followed
by the words "or part thereof."
[Amended 11-23-1999 by L.L. No. 1-1999]
Any artificial body of water or receptacle for water having
a depth at any point greater than 18 inches and used or intended to
be used for swimming or bathing and permanently constructed, installed
or maintained in or above the ground out of doors.
An unroofed flat platform of earth with or without a surface
material or retaining walls.
The specific purpose for which land, water, or a building
or structure is designed, arranged, or intended or for which it is
or may be occupied or maintained.
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as may be specifically authorized in
this chapter. 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, and the measurement shall be
taken at right angles from the line of the building as defined herein
to the nearest lot line.
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
or, in the absence of either of such yards, to the front and rear
lot line as the case may be.
[2]
Editor's Note: See now § 7-724 of
the Village Law.
[3]
Editor's Note: See now § 7-724 of
the Village Law.
[4]
Editor's Note: See now § 7-732 of
the Village Law.
[5]
Editor's Note: The former definition of "sign, business,"
which immediately followed this definition, was repealed 9-24-2009
by L.L. No. 2-2009.
