Words used in the present tense include the
future; the singular number includes the plural and the plural the
singular.
The following definitions are applicable to
this chapter only and may be different from definitions in the New
York State Fire Prevention and Building Code:
A building subordinate to the principal building on a lot,
and used for purposes customarily incidental to the principal building.
A structure, accessory to the principal building and located
on the same lot as the building to which it is accessory.
An activity, function or service incidental and ancillary
to the principal use of the principal building.
ALTERATION OF BUILDINGS AND STRUCTURESAny change, addition or modification in the structural parts, exterior walls, construction or arrangement of a building or structure, or any change in use from one classification to another, or removal of a building or structure from one location to another. Alterations shall be deemed to include, without limitation, any installation, change or rearrangement of plumbing lines, air conditioning ducts, heating lines and ducts or electrical lines and conduits, and stairs, partitions or exit facilities.
ALTERATION OF LOTS:
Any change or modification of a driveway, walkway
or other nonvegetative surface or other means of access to a lot.
The placement or removal of more than 20 cubic
yards of fill and/or regrading that result in changes to the existing
contours by more than 12 inches.
[Amended 5-11-2015 by L.L. No. 3-2015[1]]
The space in a two-story principal building between the top
uppermost floor construction or ceiling joists and the underside of
the roof sheathing.
[Amended 11-13-2018 by L.L. No. 3-2018]
A story in a building that is partly below grade having a
vertical dimension of more than three feet between the underside floor
joists first above and the mean ground level that adjoins the foundation
walls of the building. (See also "cellar.")
[Amended 12-13-2005 by L.L. No. 1-2005; 11-13-2018 by L.L. No. 3-2018]
Any permanent structure having a roof supported by columns
or by walls.
The total area at the mean ground level, taken on a horizontal
plane at the exterior face of the exterior walls of the principal
building, all accessory buildings, cantilevered portions and porches.
The vertical distance measured from the mean ground level
along the foundation walls of the building, measured 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.
[Amended 11-13-2018 by L.L. No. 3-2018]
The Plandome Village Building Inspector or any Assistant
Building Inspector.
The vertical distance between the floor and ceiling of a
space within a building.
Any space in a building having a vertical dimension of three
feet or less between the underside floor joists first above and the
mean ground level that adjoins the foundation walls of the building.
(See also "basement.")
[Amended 12-13-2005 by L.L. No. 1-2005; 11-13-2018 by L.L. No. 3-2018]
The Plandome Village Code Enforcement Officer or any Assistant
Code Enforcement Officer.
A lot situated at the intersection or junction of two or
more streets. On a corner lot a dwelling shall have only one side
yard abutting an interior lot adjacent thereto. Said side yard shall
be on the side adjoining the interior lot opposite the front yard
having the greater street frontage. In the case of a triangular lot,
the lot line not fronting either street shall be the rear lot line.
A building which contains sleeping and bathroom facilities.
One or more persons related by blood, adoption or marriage
living and cooking together as a single housekeeping unit, including
household servants. A number of persons, not exceeding two, in addition
to those described above, living and cooking together as a single
housekeeping unit though not related by blood, adoption or marriage
shall be deemed to constitute a family, provided that no compensation
is paid therefor to owner.
A roof with less than a five-on-twelve-pitch (five-inch vertical
rise for every 12 inches of horizontal distance), or more, or having
a flat horizontal area exceeding 25% of the total horizontal floor
area that it covers.
[Amended 11-13-2018 by L.L. No. 3-2018]
The ratio determined by dividing the gross floor area by
the lot area (see Appendix No. 1 for illustration and example of calculation[2]).
A yard situated between the lot line along the street which
the lot abuts and the nearest wall of the principal building and extending
across the full width of the lot. A corner lot shall have a front
yard on each street which the lot abuts.
An attached or unattached structure designed to be used in
connection with the storage of one or more automobiles owned and used
by the owner or tenant of the lot on which the principal building
is erected.
The sum of the total horizontal areas of all floors of all
buildings and such structures as are enumerated in this definition
on a lot, measured from exterior faces of the exterior walls.
[Amended 12-13-2005 by L.L. No. 1-2005]
The term "gross floor area" shall include, but
not be limited to, basements, stairwells at each story, attics with
headroom ("headroom" being defined as the underside of the roof sheathing
to the top of the ceiling joists of the floor below) of seven feet
six inches or more whether or not a floor has been laid, garages,
living space above garages (whether used as such or not), enclosed
porches, pool houses, sheds, interior balconies and mezzanines, floor
space used for mechanical equipment, enclosed gazebos, and elevator
shafts.
For any space, area or room in any area in which
the ceiling height exceeds nine feet, the "gross floor area" of that
space, area, or room shall be increased in direct proportion to the
height in excess of nine feet.
[Amended 5-11-2015 by L.L. No. 3-2015]
Spaces (other than attics) with sloped ceilings
where headroom is greater than five feet shall be included in gross
floor area. The actual floor area so circumscribed shall be decreased
by a factor of 50% for the area where the headroom is less than seven
feet six inches. All areas with seven feet six inches or more of headroom
shall be counted. The resultant value is included in the gross floor
area.
[Amended 5-11-2015 by L.L. No. 3-2015]
Basements shall be included in gross floor area.
Cellars shall not be included in gross floor
area, except that portion, if any, designed for use as a garage.
[Amended 5-11-2015 by L.L. No. 3-2015]
A story under a gable, hip or gambrel roof, wall plates of
which at least two opposite exterior walls are not more than two feet
above the floor of such story.
See "building height."
The ratio of vertical rise (height) to horizontal distance
(setback), which produces an inclined plane beginning at the portion
of the lot line nearest the building and rising toward the building
at the ratio specified. The base elevation for this inclined plane
shall be the mean ground level along the relevant wall of the building.
(See Appendix No. 2 for illustration and example of calculation[3])
[Amended 12-13-2005 by L.L. No. 1-2005]
The total floor area used, designed and available to be used
for living accommodation on all stories of the principal building,
excluding cellar or basement, rooms for heating equipment, open porches,
breezeways, unheated areas and attached garages, but including any
living space which may be provided over such garage. In rooms with
sloping ceilings, only those areas where the headroom is greater than
five feet may be included, on condition that at least 50% of the total
area of each room or rooms has a minimum ceiling height of seven feet
six inches. Walls, closets, partitions, bathrooms, interior stairways,
kitchens and pantries shall be included.
A plot, tract or parcel of land, with or without structures.
Any line dividing one lot from another lot or from a street
or from the mean high water mark of tidal waterways.
The maximum portion of the open area in a front yard or rear
yard (excluding area occupied by accessory buildings) that may be
covered by a nonvegetative surface.
[Amended 11-13-2018 by L.L. No. 3-2018]
The average elevation of the natural ground level prior to
any excavation or any fill being placed, as calculated from elevations
taken at intervals of 12 inches along the relevant lines by dividing
the sum of such elevations by the number of such elevations taken,
all to be certified by a N.Y.S. licensed surveyor.
An automobile trailer, recreational vehicle, mobile home
or similar accommodation designed to be used for human habitation.
A lot or its improvements which do not now conform with the
provisions of the Zoning Code but which have been held in single and
separate ownership since immediately prior to the adoption of the
provision(s) of the Code which rendered the lot nonconforming.
Driveways, walks, decking, swimming pools and any other areas
covered with pavement, concrete, masonry, flagstone, gravel, bluestone,
wood or other surface coverings so as to render the ground unsuitable
for the growth of vegetation or plants.
A roof with a five-on-twelve-pitch (five-inch vertical rise
for every 12 inches of horizontal distance) or more, and having no
flat horizontal area exceeding 25% of the total horizontal floor area
that it covers.
[Amended 11-13-2018 by L.L. No. 3-2018]
A roofed structure projecting from the outside wall of a
building. All porches, whether open or enclosed, shall be included
in the calculation of maximum building coverage of a lot.
A porch with any form of enclosure, including screens, lattice
or fabric.
A yard on the same lot as the principal building, situated
between the rear line of the lot and the nearest wall of the principal
building across the full width of the lot. On a corner lot, the rear
yard shall not extend into a front yard.
A front yard, rear yard or side yard, as the case may be,
having the minimum dimensions required by this chapter for the district
in which the lot, of which such yard is a part, is situated.
An institution of learning which is both chartered by the
State Board of Regents and pursues a course of study prescribed or
approved by the State Board of Regents.
The horizontal distance measured on a perpendicular from
the lot line and the closest point on a structure situated on that
lot.
A yard on the same lot as the principal building, situated
between the side line of the lot and the nearest wall of the principal
building and bounded by the front yard and rear yard of that lot,
or the front and rear yard of a contiguous lot held under same ownership,
whichever is more restrictive.
That portion of a building 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 any floor and the ceiling or roof
structure next above it. Basements shall be counted as a story. Cellars
shall not be counted as a story, except that portion, if any, designed
for use as a garage.
[Amended 12-13-2005 by L.L. 1-2005; 5-11-2015 by L.L. No. 3-2015]
See "half story."
Any public or private highway or road or any thoroughfare,
avenue, alley, public driveway or other public way, including the
berm-shoulder area and all other unpaved portions of the way.
That portion of a lot line extending along a street.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. "Structures" shall include but not be limited to air-conditioning
equipment, buildings, driveways, entry steps, fences or fence-like
structures (including gates), flagpoles, garages, light posts, patios,
piers, play structures, signs, statuary, storage buildings, swimming
pools, terraces, walkways, and walls, including retaining walls.
Includes any pool, container, tank, depression or excavation,
situated wholly or partly outside of the main walls of the principal
building or establishment, containing or capable of containing water
having a plane surface area of more than 25 square feet and a depth
of more than two feet. "Swimming pool" shall also include all appurtenant
structures such as a walk, path, platform or patio along the sides
or ends of a swimming pool, the springboard, the diving structure,
the lighting poles and fixtures, the bathhouses or shelters, the base
and other equipment for heating or purifying the water, any sheds
or structures to contain tools or equipment used in connection with
the pool, and all incidental portions thereof.
An open space on the same lot as the building, extending
from the ground to the sky and unobstructed except by trees, shrubbery,
utility wires or poles and except as otherwise provided in this chapter.
[1]
Editor’s Note: This local law also repealed former Subsection
B(3), pertaining to the placement or removal of more than 20 cubic
yards of fill material within any twelve-month period, which immediately
followed this subsection.
[2]
Editor's Note: Appendix 1 is included at the end of this chapter.
[3]
Editor's Note: Appendix 2 is included at the end of this chapter.
