[Amended 9-12-1966; 2-24-1968; 3-24-1969; 2-28-1977 by L.L. No. 7-1977; 11-10-1980 by L.L. No.
17-1980; 5-26-1981 by L.L. No. 9-1981; 7-27-1981 by L.L. No.
13-1981; 9-14-1981 by L.L. No. 17-1981; 1-11-1982 by L.L. No.
3-1982; 2-22-1982 by L.L. No. 10-1982; 7-26-1982 by L.L. No.
18-1982; 10-11-1982 by L.L. No. 23-1982; 10-25-1982 by L.L. No.
25-1982; 3-14-1983 by L.L. No. 7-1983; 11-25-1985 by L.L. No.
18-1985; 1-13-1986 by L.L. No. 1-1986; 5-26-1987 by L.L. No.
8-1987; 5-26-1987 by L.L. No. 9-1987; 3-14-1988 by L.L. No.
2-1988; 7-10-1989 by L.L. No. 12-1989; 7-24-1989 by L.L. No.
14-1989; 4-9-1990 by L.L. No. 2-1990; 3-25-2002 by L.L. No.
3-2002; 10-12-2004 by L.L. No. 10-2004; 3-14-2005 by L.L. No.
6-2005; 8-22-2005 by L.L. No. 11-2005; 6-9-2008 by L.L. No.
6-2008; 10-27-2008 by L.L. No. 13-2008; 11-10-2008 by L.L. No.
15-2008; 3-9-2009 by L.L. No. 7-2009; 4-13-2009 by L.L. No.
10-2009; 6-22-2009 by L.L. No. 18-2009; 6-14-2010 by L.L. No.
14-2010; 5-29-2012 by L.L. No. 3-2012]
Definitions. Unless otherwise expressly stated, the following
words and expressions, where used in this ordinance, shall have meanings
indicated:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
Any adult bookstore, adult mini motion-picture theater, adult
motion-picture theater, massage establishment, or any combination
thereof.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on any of the activities referred to in Subsection A(1) below.
The activities referred to herein are any method of pressure
on or friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of the external soft parts of the body with
the hands or with the aid of any mechanical or electrical apparatus
or appliance, with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions, ointments or
other similar preparations commonly used in the practice of massage.
This subsection shall not apply to licensed hospitals, licensed
nursing homes or clinics or persons holding an unrevoked certificate
to practice any of the healing arts under the law of the State of
New York, nor to persons working under the direct supervision and
in the presence of any such persons or in any such establishments,
nor shall this subsection apply to barbers or cosmetologists lawfully
carrying out their particular profession of business and holding a
valid unrevoked license or certificate of registration issued by the
State of New York.
ADULT BOOKSTOREAn establishment having, as a substantial or significant portion of its stock-in-trade, videotapes, video game cartridges, motion-picture films, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MINI MOTION-PICTURE THEATER:
An enclosed building with a capacity for less than 50 persons,
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this
section, for observation by patrons therein.
Any building which shall contain one or more coin-operated amusement
devices or any other machine or apparatus using any video game cartridge
or other material which is distinguished or characterized by an emphasis
on such matter depicting, describing or relating to specified sexual
activities or specified anatomical areas for use by patrons therein
shall also be deemed to be an "adult minimotion picture theater."
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.
SPECIFIED ANATOMICAL AREASLess than completely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESHuman genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
A change or rearrangement of a building or structure in the
structural parts or in exit facilities, or an enlargement, whether
by extending on a side or increasing in height, or the moving from
one location or position to another.
A building not more than five stories and not less than two
stories in height arranged or designed to be occupied by three or
more families, all families living independently of one another but
having a common heating system.[1]
An establishment regulated by the New York State Liquor Authority
and consisting of one or more of the following characteristics: age
restrictions or cover charges for admission, listening or dancing
to music provided by live entertainment, disc jockeys or jukeboxes,
or hours of operation which extend beyond the normal dining times
for dinner. The accessory or incidental sale of foods or snacks shall
not entitle such a use to be considered a restaurant under other provisions
of this Code. The permanent or temporary removal of tables and chairs
from such an establishment to permit any of the aforesaid characteristics
shall constitute the creation of a nightclub or cabaret.
An owner-occupied building designed, used and occupied as
a single-family residence, managed by the property's owner and having,
as an accessory use, bedroom accommodations and breakfast provisions
served in the host's private dining room or kitchen for those accommodated
as paying guests. For purposes of this definition, an owner shall
be a natural person or persons only.
A building that provides sleeping accommodations, with or without
compensation, for 16 or fewer persons, on either a transient or permanent
basis, with or without meals, but without permanent cooking facilities
for individual occupants.
It shall be presumed that a building is being used as a boardinghouse or rooming house if any two or more of the following features or states of facts are found to exist by the Building Inspector, any person authorized to enforce or investigate violations of Chapter 435 of the Code of the Village of Patchogue or any laws, codes, rules or regulations of the State of New York or from other competent evidence:
Separate written or oral leases or rental arrangements, payments
or agreements for portions of the building among its owners(s) and
occupant(s);
The inability of any occupant to have lawful access to all parts
of the building;
Separate entrances for segregated parts of the building, including
but not limited to bedrooms;
Partitions or internal doors with or without keyed locks that
may serve either to bar access between segregated portions of the
building, or to subdivide existing bedrooms into separate bedroom
spaces, including but not limited to a basement, living room or bedroom(s);
Two or more kitchens, or kitchen-type areas, each of which contains
a range, oven, refrigerator, microwave or other cooking apparatus;
The installation or use of portable kitchen appliances including
but not limited to hotplates, microwaves or a refrigerator in bedrooms
or other non-kitchen areas;
The conversion of nonhabitable space or habitable space to bedroom
space or additional bedroom space;
Used or available parking spaces in excess of 10% of the total
lot area;
Two or more electrical meters;
Two or more mailboxes and/or mail slots;
Two or more satellite dish antennas per legal and approved dwelling
unit; or
Evidence that garbage, septage or water usage exceeds the reasonable
estimate of such use for the use permitted for the premises.
All of the foregoing may be rebutted by evidence presented to
the Building Inspector or any court of competent jurisdiction.
A building or facility used for the construction, whether
partial or whole, or repair of automobile, truck and trailer bodies,
frames and chassis and/or for the painting of any such items whether
or not accessory or incidental to another use.
A structure having a roof supported by columns or walls,
and when separated by a party wall without openings, it shall be deemed
a separate "building."
The Building and Housing Department of the Village of Patchogue
or any agent or officer of such Department.
The total area of the maximum horizontal cross sections of
the buildings, decks, pools and other structures on a lot.
The Building Inspector of the Village of Patchogue or any
person duly appointed as such Inspector.
Any building of whatever material constructed, designed or
equipped to be used for living, sleeping or eating only by transient
or seasonal occupants.
Any plot of land in a tourist camp upon which any tent, tent
house, camp cottage, tourist unit, house car or trailer designed or
equipped to be used for living, sleeping or eating is proposed to
be located.
Any business establishment or premises used, or intended
for use, in providing commercial services of an event-type nature,
whether or not such service includes the serving of prepared food
or alcoholic or nonalcoholic beverages, or providing live or recorded
music.
The Building Inspector, Housing Inspector, any Fire Marshal,
Fire Inspector or Chief of the Fire Department, or their delegates
or assistants.
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object for the purpose of amusement
or skill and for the playing of which a fee is charged. However, this
definition does not include jukeboxes and other devices or machinery
designed for the providing of audio reproduction of music only.
Any building or buildings, structure or structures or premises
used by one or more enterprises for a commercial purpose specifically
permitted within the particular use district in which this term is
applied, where the proposed use occupies a site of one or more acres,
whether built at one time as a unit or in two or more construction
stages.
A retail establishment which sells food and beverages, prepackaged
or packaged, within the establishment and in a ready-to-consume state,
and also sells newspapers, magazines and other sundries of a convenience
nature, and which is open seven days per week, at least 12 hours per
day.
[Added 2-8-2021 by L.L. No. 2-2021]
A lot having a street line along two streets forming an angular
or curved corner.
The average of the distances from the street line of the
lot to its opposite rear line, measured in the general direction of
the side lines of the lot.
A lot having a street line at both ends of the lot.
A building and its accessory parking area used and intended
to be used for the cooking or other preparation and sale of foodstuffs
and beverages intended to be consumed on the premises at a stand-up
counter or in the parking area in vehicles or otherwise, or intended
to be taken from or delivered from the premises for consumption off
the premises. Delicatessen stores or restaurants which prepare and
sell food and beverage orders for consumption off the premises, where
such preparation and sale are incidental to the main business activity
of such delicatessen or restaurant, are not intended to be included
in this definition.
A building or portion thereof designed for or occupied by
three or more families living independently of each other.
A building designed and authorized for exclusive occupancy
as a home or residence for not more than one family, which building
shall have not more than one kitchen.
A building designed and authorized for exclusive occupancy
as a home or residence for not more than two families living independently
of each other, which building shall have at least, but not more than,
two kitchens.
A structure or building used as a one-, two- or three-family
dwelling or a multiple-apartment unit, condominium or cooperative,
occupied or to be occupied by one or more persons as a home or residence
with separate kitchen facilities per dwelling unit.
A dwelling unit consisting of a sleeping area, kitchenette, and living area combined in a single room or open floor plan. Efficiency apartments must meet the requirements set forth in § 238-10B.
See § 435-42.
See § 435-42.
See § 435-42.
See § 435-42.
One or more persons related by blood, adoption or marriage,
or a domestic partnership, living and cooking together as a single
housekeeping unit, or a number of persons, not so related, but the
factual and functional equivalent of the same, living and cooking
together as a single housekeeping unit and as a relatively permanent
household, and not as a framework for transients or transient living.
Any building or buildings, structure or structures or premises
used by four or more transient or part-time independent vendors for
the sale at retail of produce, goods, wares or merchandise. The term
"farmers market" shall be deemed to include "flea market" and similar
terms.
Either a woven-wire fence, stockade fence or a fence having
open spaces the same width as and between each of the pickets, slats
or other material used in its construction, unless otherwise permitted
by the Board of Appeals as hereinafter provided.
A building, structure or facility intended to be used for
the storage and sale at retail of gasoline, oil and other fuel for
all motor vehicles except motor-propelled boats and vessels.
The total of the horizontal areas of the several floors of
a building, excluding areas used as an attached garage, attic, crawl
space and such basement and cellar areas as are devoted exclusively
to uses accessory to the operation of the building. All dimensions
shall be measured between exterior faces of walls.
The area within the exterior walls of a building at the first
floor.
A food establishment required by contractual or other arrangement
to maintain any of the following: standardized array of services and/or
merchandise, trademark, logo, service mark, symbol, decor, architecture,
layout, uniform, menus, ingredients, food preparation, or similar
standardized features.
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front lot line. No required "front yard" shall
be used for the open-air parking or storage of motor vehicles, except
that this provision shall not apply to the driveway of a one-family
or two-family residence.
A building or portion thereof used or intended to be used
for the operation of more than two coin-operated amusement devices
for the use of the general public or specific invitees.
A building not a private garage, one story in height, used
for the storage only of noncommercial automobiles and in which no
commercial repair work or servicing is carried on.
A building used for the storage of noncommercial automobiles
and all types of farm machinery and farm conveyances and not more
than one commercial vehicle having a carrying capacity of not more
than two tons according to the manufacturer's specifications, owned
and regularly used by or on behalf of the owner or tenant of the lot
on which it is erected and only for a purpose accessory to the permitted
use of the lot.
A building, other than a private or a minor garage, used
for housing, storage, repair, maintenance, service and repair of or
addition or installation of accessories or other component parts to
trucks, trailers and automobiles, whether or not accessory or incidental
to another use. A "public garage" shall not include a facility for
automotive body and collision work nor painting of automobiles or
other vehicles.
A group of buildings which shall conform to the use regulations of § 435-80.
The total floor area of a structure as measured from the
exterior faces of the walls. GFA shall include accessory buildings/structures,
above-grade floors, stairwells at each story, interior balconies,
mezzanines, floor space utilized for mechanical equipment with structural
headroom of seven feet six inches or more and covered or enclosed
porches, patios and decks. GFA shall include the area under a gambrel,
gable, hip or similar-type roof, where there exists a floor-to-ceiling
height of five feet or more unless access to said area is limited
to a scupper or pull-down staircase. All storage space or occupied
space shall be included when calculating GFA for nonresidential uses.
Open and unroofed decks and patios, awnings, sills, cornices, buttresses
and eaves shall not be included in calculating GFA.
The total floor area of a structure as measured from the
exterior faces of the walls. GFA shall include accessory buildings
or structures, above-grade floors, stairwells at each story, interior
balconies, mezzanines and covered or enclosed porches, patios and
decks. GFA shall include the area under a gambrel, gable, hip or similar-type
roof, where there exists a floor-to-ceiling height of five feet or
more unless access to said area is limited to a scupper or pull-down
staircase. Below-grade floors shall not be included in GFA for residential
uses, provided such floors are at least 75% below grade and are not
used as habitable space. Open and unroofed decks and/or patios, awnings,
sills, cornices, buttresses and eaves shall not be included in calculating
GFA.
The lowest story of a building entirely above the level of
the ground in front of a building.
Unless otherwise stated, the vertical distance measured from the mean average grade of the adjoining or fronting street(s), to the highest point of the roof, provided that chimneys, spires, elevator penthouses, tanks and similar permitted projections shall not be included for the purpose of determining the "height." The Building Inspector shall be responsible for any interpretations concerning average grade. When determining building height of new or existing structures in a FEMA flood zone, the starting point shall be the minimum elevation above the FEMA base flood elevation as required by Chapter 210 of the Village Code, and/or other applicable county, state or federal floodplain requirements or regulations.
[Amended 1-28-2013 by L.L. No. 2-2013]
Persons related to the owner of a dwelling unit to include
the owner's spouse, children, parents, grandparents, grandchildren
or their functional equivalent, and no others.
See § 435-42.
The use of more than 300 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
that half of any lot that adjoins any street for the collecting, storage
or sale of wastepaper, rags, scrap metal or discarded material, or
for the collecting, dismantling, storage or salvaging of machinery
or vehicles not in operating condition, or for the sale of parts thereof.
Any establishment for the raising, training, boarding or
selling of dogs and cats or other small animals for hire or profit
where more than three dogs or cats or other small animals are harbored
or kept on a regular basis.
A business premises equipped with individual clothes washing,
drying and/or dry-cleaning machines for use of retail customers, including
laundry facilities provided for multiple dwellings.
The manufacture, assembly, compounding, processing or packaging
of goods or products from raw materials, refined elsewhere, in which
the goods produced are generally of high value in relation to bulk
and which do not generate offensive noise, vibration, glare, dust,
smoke, gas or other effluent.
The area of a lot on which a building and its accessories
may be located, exclusive of land in the bed of any street.
A structure(s) partitioned into private storage spaces or
areas of varying size, individually leased or rented for varying terms
to the public at large.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption, subject to the
regulatory authority of the New York State Liquor Authority and consisting
of one or more of the following characteristics: age restrictions
or cover charges for admission; hours of operation which extend beyond
the normal dining times for breakfast, lunch or dinner; and dancing
to music. The accessory or incidental sale of food or snacks shall
not entitle such a use to be considered a restaurant or a bar or tavern
under other provisions of this Code.
One that does not conform to the applicable building, zoning
or other relevant regulations of the district in which it is situated.
The area of a lot or a building used or designed to be used
for the purpose of accessory parking of vehicles. Such area shall
be on or part of the same lot on which the principal use is located.
However, when approved by the Board of Appeals as hereinafter provided,
such area may be maintained on a separate lot determined by said Board
to be convenient thereto; provided, however, that such separate lot
shall be permanently and exclusively committed to such use, and, for
such purpose, the Board of Appeals may require such recordable instruments,
which, as to execution and form, shall be satisfactory, as may be
deemed necessary to ensure the continued and uninterrupted use of
such parking area for such purpose.
Any person, partnership, corporation or other entity who,
alone or jointly, shall have legal title to any premises, with or
without accompanying actual possession thereof; or who shall have
charge, care or control of any dwelling unit as a cooperative shareholder
or as executor, administrator, trustee, receiver or guardian of the
estate or as a mortgagee in possession, title or control; including
but not limited to a bank or lending institution, regardless of how
such possession, title or control was obtained.
The space required for each motor vehicle intended or required
to be parked in an off-street parking area.
[Amended 1-11-2021 by L.L. No. 1-2021]
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
Includes the land and all buildings and structures thereon.
Includes the office of an accountant, architect, attorney,
chiropractor, dentist, engineer, medical doctor, surveyor and such
other occupations which, in the judgment of the Zoning Board of Appeals,
are similar in character to the aforementioned occupations.
A building designed and used for housing offices for all
professions and businesses but where no manufacturing, merchandising
or display areas are provided over and above the first story.
Any lot other than one owned or maintained by the Village
of Patchogue or a municipal district or authority, used by the public
for parking of automobiles or other motor vehicles.
An open, unoccupied space on the same lot with a building
or structure, extending the full width of the lot and situated between
the rear line of the lot and the rear line of the main building or
structure projected to the side lines of the lot. The depth of the
"rear yard" shall be measured between the rear line of the lot and
the rear line of the main building or structure. In the event that
the principal structure is located on a corner lot, the "rear yard"
shall consist of an open, unoccupied space situated between the rear
line of the lot (the rear line of the lot for a corner lot consists
of the lot line directly opposite the street upon which the side of
the house having the main entrance faces) and the rear line of the
structure (the rear line of the structure on a corner lot consists
of the side of the structure directly opposite the side of the structure
in which the main entrance is located), but such "rear yard" shall
not extend beyond the side lines of the building or structure as projected
to the rear line of the lot.
An area on the site of apartment and garden apartment premises
left open, free of structures or parking facilities or any other paving,
suitably landscaped and dedicated only for recreation use, of a size
at least equal to 100 square feet for each dwelling unit on the premises
up to and including 10 units and 75 square feet for each unit over
10. The area making up the required front yard setback shall not be
included in computing the size of the "recreation-play area."
Any location, whether operated for profit or not, where the
public is requested to or permitted to bring any materials to be donated,
sold or left to be recycled, reclaimed, processed or reused, including
but not limited to newspapers, bottles, metal cans and used clothing
and furniture. This definition shall, however, not include collection
bins set out by charitable organizations for the deposit of clothing
and similar material.
Any establishment where the principal business is the commercial
sale of prepared food, frozen desserts or beverages to patrons for
immediate consumption, with a total gross floor area of between 2,001
and 4,999 square feet, and between 17 and 199 seats, and without drive-through
service.
Any establishment where the principal business is the commercial
sale of prepared foods, frozen desserts or beverages to patrons for
immediate consumption, with a total gross floor area of 5,000 square
feet or greater, or with 200 seats or greater, or with drive-through
service.
Any establishment where the principal business is the commercial
sale of prepared foods, frozen desserts or beverages to patrons for
immediate consumption, with a total gross floor area of 2,000 square
feet or less, and not more than 16 seats, and without drive-through
service.
The required open space extending along the side lot line
from the front yard to the rear yard.
See § 435-42.
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 such floor and the ceiling
above it.
The dividing line between the street and a lot.
Anything constructed or erected which requires location in
or upon the ground or attached to something having location in or
upon the ground, including all types of signs, but not including fences
which are six feet or less in height or anything constructed or erected
which is less than 100 square feet in area and which is used as a
shed. The word "structure" shall be construed as though followed by
the words "or part thereof."
A building erected or used exclusively as a central station
where telephone lines meet and where connections are made between
them and where no trucks or materials are stored.
Any plot on which are located, or which is offered to the
public for the location of, one or more tents, cabins, tent houses,
camp cottages, tourist houses, house cars or trailers designed or
equipped to be used for living, sleeping or eating.
Any vehicle designed or equipped to be used for living, sleeping
or eating and designed to move from place to place on wheels, propelled
by its own power or otherwise drawn or propelled.
A building whose main eaves are below the mid-height of the
third story.
Any building having an area on the second floor of not less
than 75% of the area on the first floor.
The average width measured at right angles to the direction
of its average depth.
Words used in the singular number shall include
the plural, and vice versa; the word "building" includes the word
"structure"; "lot" includes the word "plot"; the word "shall" is always
mandatory.
Should any section or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the ordinance as a whole
or any part thereof.
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 or the 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 and regulations
adopted or issued thereunder, or the rules and regulations of the
Department of Health of the County of Suffolk, 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 ordinance, rules
and regulations, the provisions of this chapter shall control.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used in violation of this chapter
or of any regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriate action or proceeding, whether
by legal process or otherwise, may be instituted or taken to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises.
[1]
Editor's Note: Former § 435-6, Penalties for offenses,
as amended, was repealed 1-11-2010 by L.L. No. 1-2010.
This chapter shall take effect 10 days after
publishing and posting, on August 12, 1963.
[Added 4-26-1971]
Where any lot has been held in single and separate
ownership on any of the effective dates set forth in this chapter,
and subsequently the owner of said lot acquired or acquires title
to a lot adjoining said lot, there shall be a merger, and neither
of said lots shall qualify separately as a lot singly and separately
held for the purpose of any provision of this chapter.
