In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the Village. It is not intended by this chapter to interfere with or abrogate or annul any Village building code or any rules or regulations adopted or issued thereunder and not in conflict with any of the provisions of this chapter; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of the building or requires larger open spaces than are imposed or required by such ordinances, rules or regulations, the provisions of this chapter shall control.
[Amended 8-21-1989 by L.L. No. 3-1989; 5-25-1993 by L.L. No. 2-1993; 10-22-1996 by L.L. No. 3-1996; 12-19-2006 by L.L. No. 5-2006; 3-28-2023 by L.L. No. 1-2023; 11-21-2023 by L.L. No. 13-2023; 11-21-2023 by L.L. No. 14-2023; 12-18-2023 by L.L. No. 16-2023; 11-26-2024 by L.L. No. 20-2024; 8-26-2025 by L.L. No. 3-2025]
A.
For purposes of this chapter, the following terms shall have the meanings as defined in § 1-100 of the Village Code: Accessory Structure, Alteration, Building, Building Permit, BZA, Certificate of Completion, Certificate of Occupancy, Driveway, Gross Floor Area, Habitable Floor Area, Home Occupation, House Trailer, Person, Public Street, Roadway, Single-Family Dwelling, Special Use Sports Court Permit, Sports Court, Structure, SWPPP, Temporary Certificate of Occupancy, Tree, Unauthorized Conditions, Village, Village Board, and Village Code.
B. Attic Building Area Building Inspector Code Enforcement Officer Code Enforcement Personnel Community Garage Crawl Space Energy Code Exterior Wall Family First Floor Height Lot Area Mean Sea Level Permit Holder Private Garage Public Garage Remedial Order Setback Single-Family Dwelling Sky Exposure Plane Stop-Work Order Story Uniform Code Yard
As used in this chapter, the following terms shall have the meanings indicated:
That portion of a Building between the top of the ceiling beams of the highest story and the bottom of the roof beams of the roof, which space is less than seven feet six inches in height to the highest point and is not used, designed nor intended to be used for living purposes. An attic shall not be counted as a story.
The aggregate of the maximum horizontal cross-section area of all Buildings on a lot, excluding cornices, eaves, gutters, or chimneys projecting not more than 18 inches, steps, one-story open porches, bay windows not extending through more than one story and not projecting more than five feet, balconies, and terraces.
An inspector appointed pursuant to § 176-51 of the Village Code.
The Code Enforcement Officer appointed pursuant to § 176-51 of the Village Code.
Includes the Code Enforcement Officer and all inspectors.
A Building, not a private garage, one story in height, used for the storage of automobiles and not used for making repairs thereto.
Any space in a residence having a height of less than five feet 11 inches.
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
Includes all walls between the main building, the basement and the cellar thereof, and a garage attached to or included in the dwelling.
One or more Persons who live together as a traditional family or in a domestic relationship that, in theory, size, appearance, and structure, is the functional and factual equivalent of a traditional family of related Persons living together and sharing meals as a single, not-for-profit housekeeping unit in a dwelling containing kitchen facilities.
Shall not include the floor of any garage not used for habitation, whether or not attached to or included in a building, or any Crawl Space; but First Floor shall include the floor of any basement or cellar or any room in a basement or cellar.
The height of a Structure shall be measured from the mean level of the existing undisturbed grade or the proposed final grade, whichever is more restrictive, along the perimeter of the Structure to a point midway between the peak and the eaves of the highest section of the roof, provided that chimneys, spires, and similar projections shall not be included in the height if they do not exceed a combined total of 10% of the gross horizontal area of the entire roof, and further provided that in no case shall the highest point of the roof be more than five feet higher than the maximum height permitted. This definition of "height" is distinct from the measurement of height for purposes of determining compliance with the height/setback ratio (sky exposure plane) requirements of §§ 176-13 and 176-27 of this chapter, referred to therein as "elevation."
The area of a lot upon which the main building and its accessories are located, measured to the street line only. It shall not include:
The average height of the sea at Sandy Hook, New Jersey, all stages of the tide being considered as determined by the United States Coast and Geodetic Survey.
The Person to whom a Building Permit has been issued.
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.
A building, other than a private or a community garage, one or more stories in height, used for the storage or repair of automobiles.
An order issued by the Code Enforcement Officer pursuant to § 176-63 of the Village Code.
The horizontal distance measured on a perpendicular between a lot line and a point on a building.
A building designed for and occupied exclusively as a home or residence for not more than one family, a family being one housekeeping unit.
An imaginary inclined plane rising over a lot from the lot lines at a ratio of height to setback as required and illustrated in these regulations.
An order issued pursuant to § 176-63 of the Village Code.
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 surface of the floor and the roof. A basement shall be counted as a story if the ceiling height is more than six feet above the mean existing undisturbed grade or the proposed final grade, whichever is more restrictive, along the perimeter of the building.
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
An open space which is unobstructed from the ground upward, except as may be otherwise specifically permitted in this chapter, which open space lies between the line of a building and the lot line nearest thereto. In measuring a yard, the line of a building shall be deemed to mean a line parallel to the nearest lot line which is drawn through the point of the building closest to said lot line. The yard shall be measured at right angles from said building line to the nearest lot line.