Village of Port Washington North, NY Article I Definitions and Word Usage

§ 176-1 Definitions and word usage.

A. Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot"; and the word "building" includes the word "structure."

B. Definitions. Certain words in this chapter are defined for the purposes thereof as follows:

ALTERATION

As applied to a building or structure, any change or rearrangement of the structural parts, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location to another. It does not include ordinary repairs to buildings or structures.

APARTMENT HOUSE

A residence building accommodating three or more families, living independently of each other, and allowed to do their own cooking on the premises.

BEVERAGE SERVICE ESTABLISHMENT

-An establishment that is primarily and significantly engaged in the sale of beverages such as coffee, specialty coffees, teas, espressos, lattes, cappuccinos, juices, and blended beverages and similar like beverages, typically served in disposable cups to patrons who select their orders from posted menus offering a limited number of specialty drink items, which are prepared according to standardized procedures for consumption either on or off premises. The ancillary sale of a limited ready-to-eat food products, promotional branded merchandise, and other related products shall be permitted as a permitted accessory use. Cooking or baking of food shall be prohibited; however, on-site warming and assembly of pre-cooked items, which have been prepared off-site, shall be permitted. Convenience, fast food and similar ripe stores are strictly excluded from this definition, except for beverage service establishments as defined herein.

[Added 2-8-2022 by L.L. No. 2-2022]

BUILDING, ACCESSORY

A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

BUILDING AREA

Shall be determined by measuring around the exterior of the foundation walls or foundation structure of buildings and shall include the floor area of porches.

BUILDING INSPECTOR (also sometimes referred to in this chapter and in other ordinances and local laws of the Village as the "Superintendent of Buildings," or "Building Superintendent")

The building official of the Village, who shall have the powers and duties as are ascribed to the Building Inspector, Building Superintendent, and/or Superintendent of Buildings, as set forth elsewhere in this chapter, including such powers and duties as are set forth at § 176-163 of Article XIV thereof, and in other ordinances and local laws of the Village. All references to the Building Inspector, the Building Superintendent or the Superintendent of Buildings within this chapter or any other ordinance and local laws of the Village shall be deemed to refer to such building official. Any power or duty ascribed to the building official, whether identified as the Building Inspector, Superintendent of Buildings or Building Superintendent, in this chapter or any other ordinance and local laws of the Village, may be delegated by the Building Inspector to any of one or more deputy or assistant building inspectors of the Village.

[Added 10-13-1998 by L.L. No. 4-1998]

COMMERCIAL VEHICLE

Includes, but is not limited to, any vehicle other than a personal passenger vehicle, suburban, or motorcycle which is primarily designed, constructed, used, or maintained for the transportation of goods, merchandise, or property, or for the livery or transport of passengers for hire or compensation, whether on a profit or nonprofit basis, or for the livery or transport of children to or from school or camp, or as the power unit for the hauling of freight or cargo by trailer or semitrailer or any combination of trailers and semitrailers or any type of nonmotorized trailer unit. Commercial vehicles shall also include but not be limited to buses, ambulettes, delivery vans, taxis and limousines.

[Added 4-14-2003 by L.L. No. 1-2003]

CORNER LOT

A parcel of land at the junction of and fronting on two or more intersecting streets.

DEPTH OF A LOT

The mean distance from the street line of the lot to the rear line, measured in the general direction of the side lines of the lot.

DEPTH OF AN INNER COURT

The distance which it projects into the building from the outer wall thereof. The "width of an outer court" is its other horizontal dimension.

DROP-OFF FACILITY

A facility which permits, allows or tolerates persons to deliver items to a building, box, container or other structure by depositing such items into a container or through an aperture in a wall or door, whether such aperture has a cover or not. Drop-off facilities solely designed and used for the receipt of mail and similar documents from the United States Postal Service or similar delivery services shall not be deemed drop-off facilities.

[Added 11-9-1998 by L.L. No. 6-1998]

DWELLING, SINGLE-FAMILY

A building designed for and occupied exclusively as a home or residence for not more than one family.

DWELLING, TWO-FAMILY

A building designed for and occupied exclusively as a home or residence for not more than two families.

FAMILY

(1) Any number of persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants; or

(2) Any number of persons, though not related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants, so long as the persons, as a group, bear the generic character of a family unit as a relatively permanent household, and are not a framework for transients or transient living.

[Amended 8-3-1981 by L.L. No. 6-1981; 2-3-1986 by L.L. No. 6-1986]

FAST-FOOD CONVENIENCE STORE

Any grocery, fruit, vegetable, delicatessen, liquor package, ice cream, confectionery, bakery, meat market or food convenience store. The definition shall include any establishment that sells a combination of the foregoing food items.

[Added 7-12-2004 by L.L. No. 6-2004]

FAST-FOOD RESTAURANT

Any business or enterprise primarily engaged in the sale of ready-to-consume food and beverages, typically served in disposable wrappers or on disposable plates, with plastic or other types of disposable utensils, with limited or no waiters or waitresses servicing the tables, to patrons who ordinarily select their orders from posted menus offering a limited number of specialized items, which are prepared according to standardized procedures for consumption either on or off premises, in a facility where a substantial portion of food and beverage sales are for consumption off premises.

[Added 7-12-2004 by L.L. No. 6-2004]

FAST-SERVICE STORE

Any video rental store, dry cleaner, tobacco or film development store and any other establishment with drive-in or drive-through service, other than a dropoff facility for which a conditional use permit has been issued by the Board of Trustees and an automatic teller machine (ATM). The definition shall include any establishment that sells a combination of the foregoing items and/or those items set forth for fast-food convenience stores.

[Added 7-21-2004 by L.L. No. 6-2004]

FOOD ESTABLISHMENT

Any fast-food convenience store, fast-food restaurant, or restaurant.

[Added 9-13-2004 by L.L. No. 8-2004]

GARAGE, COMMUNITY OR GROUP

A building which is one story in height used for the storage of automobiles in separate units, or with a common means of access, and not used for service or making repairs to automobiles.

(1) For the purpose of these regulations, each of the independent units into which a building is divided by party walls, except in group garages, shall be regarded as a separate building.

GARAGE, PRIVATE

A building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot and for the storage of not exceeding two additional automobiles (not trucks) owned or used by others for a similar purpose if they are stored in the same room in which the automobile or automobiles of the owner or tenant are stored.

GARAGE, PUBLIC

A building, other than a private garage, one or more stories in height, used for the storage or repair of automobiles.

HEIGHT OF A BUILDING

The greatest of the vertical distances when measured from the lowest curb level along any of the property lines adjoining the premises upon which the building is located, or the mean grade level along the foundation of the building, whichever is lower, to the highest point of the building. In the case of pitched roofs, the "highest point of the building" shall be deemed the halfway point between the eave and the peak of the roof. If the building has multiple level roofs, the height of the building shall be established by the highest of the roofs.

[Amended 11-9-1998 by L.L. No. 5-1998]

HELIPORT

An area, either at ground level or elevated on a structure, that is used or intended to be used for the landing and takeoff of helicopters. The term "heliport" includes all such landing and takeoff areas whether they be public or private, commercial or noncommercial, temporary or permanent, small or large, accessory or nonaccessory to another use established on the same lot or premises.

HOTEL

A residence building differing from an apartment house in that it is built for transient instead of permanent residence, and individuals or families are not allowed to do their own cooking on the premises.

INNER COURT

An open, unoccupied space on the same lot with a building not extending to either the street or the rear yard.

INTERIOR LOT

A lot other than a corner lot.

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 the ordinance, and such open spaces as are arranged and designed to be used in connection with such building.

LOT AREA

The area of a lot on which a building and its accessories are located.

NONCONFORMING BUILDING OR USE

A building, structure or use of land and structure which was lawfully existing prior to the adoption, revision or amendment of this chapter but which fails to conform to the use regulations for the district in which such use is located by reason of such adoption, revision or amendment.

[Amended 4-14-2003 by L.L. No. 1-2003]

OUTDOOR WATER POOLS

Swimming pool, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 18 inches and having a plane surface area of water greater than 100 square feet except such as shall hereinafter be excluded. The word "pool" shall be construed to mean "outdoor water pool."

OUTER COURT

An open, unoccupied space on the same lot with a building extending to either the street or the rear yard.

PARABOLIC ANTENNA

Includes all antennas used or designed for use to receive or transmit satellite transmissions, whether such antennas be solid or mesh or a combination thereof; whether the shape be parabolic, spherical, horn or otherwise; and whether or not such antennas are actually being used, or are capable of being used, for such purposes.

[Added 10-10-1990 by L.L. No. 6-1990]

PARKING SPACE

[Added 6-13-1988 by L.L. No. 2-1988; amended 2-6-2002 by L.L. No. 2-2002[1]]

(1) The term "parking space" is sometimes referred to in the Village's ordinances and local laws as "parking stall." The terms shall have the same meaning and be interchangeable.

(2) Each parking stall shall have an aisle having direct access thereto. Each such parking stall and aisle shall meet or exceed the dimensions as set forth below.

(3) Stall width [Sw] for all angles shall be not less than 9.5 feet, including all of the pavement markings. When two or more stalls are adjacent to each other, the stall widths shall be measured from center line to center line of adjacent stalls.

(4) Not more than one vehicle may be placed in a parking stall at any time.

(5) The parking area within each of the parking stalls shall be clearly delineated at all times by appropriate pavement markings of not less than four inches in width. The parking areas within each of the parking stalls shall be clearly delineated with double, parallel, striping between each parking area. Such parallel stripes shall be spaced not less than one foot nor more than two feet apart and shall be connected at the end by a perpendicular or arced marking. All such pavement markings shall be subject to the approval of the Building Inspector.

RESTAURANT

Any business or other enterprise engaged primarily in the preparation and sale of food and/or beverages selected from a full menu and consumed on the premises of the business by patrons seated at a table and served by a waiter or waitress and using nondisposable food and beverage containers and utensils. Sales of food and beverages in disposable containers and wrappers for off-premises consumption, if incidental to the primary business or enterprise described herein, shall not cause such business or enterprise to be treated as a fast-food restaurant.

[Added 7-12-2004 by L.L. No. 6-2004]

SHOPPING CENTER

A group of retail stores, personal service shops, restaurants, theaters, post offices, professional and business offices, banks or similar establishments, six or more in number, comprising at least four acres, planned and designed as an integrated unit with off-street parking provided on the property as an integral part of the unit.

[Added 6-9-1997 by L.L. No. 3-1997]

STREET LINE

The dividing line between the street and the lot.

STRUCTURE

A combination of materials other than a building to form a construction that is safe and stable, including, among others, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, trestles, piers, wharves, sheds, commercial coal bins, display signs, fences, retaining walls, outdoor fireplaces, pools and pergolas; the term "structure" shall be construed as if followed by the words or part thereof. Any such combination of materials with a total height of four inches or less shall not be deemed a "structure." A combination of materials in excess of four inches, even if partly or totally below grade shall be deemed a "structure."

[Added 4-14-2003 by L.L. No. 1-2003]

TAKE-OUT-FOOD RESTAURANT

[Added 1-22-2007 by L.L. No. 1-2007]

(1) Any business or enterprise primarily engaged in the sale of food, which meets any one or more of the following criteria:

(a) Has a take-out menu which differs from its regular menu and/or a menu with an indication in words and/or pictures, in substance stating or indicating that “take-out-food” or “food-to-go” is available.

(b) Has signs indicating take-out is available.

(c) Advertises that it sells take-out food.

(d) Has in-store lines, signs or stations utilized for take-out customers.

(e) Provides disposable utensils with food that is taken from the premises.

(2) A restaurant which as an accessory to its principal business permits its clientele to take out food, but does not meet any of the foregoing criteria, is not a take-out-food restaurant.

YARD

An open unoccupied space on the same lot with the building, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.

(1) FRONT YARD A yard across the full width of the lot extending from the front wall of the building to the front line of the lot.

(2) REAR YARD A yard across the full width of the lot from the rear wall of the building to the rear line of the lot.

(3) SIDE YARD A yard extending from the front yard to the rear yard between the building and the adjacent side line of the lot.

[1] Editor's Note: Section 2 of L.L. No. 2-2002 provided as follows: Section 2. Legal preexisting nonconforming parking lots.

A. All parking lots which are legally in existence may retain the size of the parking stalls and aisles presently provided, for so long as the size of the lot or the uses for which the lot is providing parking do not change. However, there is no exemption for any of such lots with regard to the requirement that all such lots shall now provide pavement markings in accordance with this local law.

B. In addition, all existing and proposed parking lots which provide or plan to provide for the parking of more than 550 vehicles and which, prior to October 1, 2001, have been reviewed and approved by the Board of Trustees of the Village as indicated by the Village's execution of a Declaration of Covenants and Restrictions, including therein, the specific reference to a site plan setting forth such parking, shall be exempt from the provisions of this local law, other than as to the requirements for the provision of pavement markings, so long as such parking lots are substantially completed on or before February 1, 2004.

C. Any proposed parking lot, or modification to an existing parking lot, which has been approved by resolution of the Zoning Board of Appeals of the Village of Port Washington North between January 1, 2002, and February 10, 2002, shall be exempt from the provisions of this local law, so long as such parking lots are substantially completed on or before December 31, 2002.