A.
All words used in the present tense include the future
tense; all words used in the plural number include the singular, unless
the natural construction of the wording indicates otherwise. The word
"lot" includes the word "plot"; the word "building" includes the word
"structure"; the word "shall" is mandatory and not directory. The
word "used" shall be deemed to include "designated," "intended" or
"arranged to be used." Unless otherwise specified all distances shall
be measured horizontally. The word "City" means the City of Glen Cove,
and the term "City Council" means the City Council of the City. The
term "Board of Appeals" means the Board of Appeals of the City; the
term "Planning Board" means the Planning Board of the City; and the
term "Environmental Conservation Board" means the Environmental Conservation
Board of the City.
B.
Words not herein specifically defined shall have their
ordinary dictionary meaning, as in Webster's New International Dictionary.
As used in this chapter, unless the context
or subject matter otherwise requires, the following words shall have
the following meanings:
A building or use subordinate to a main building or use on
a lot and designed for purposes customarily incidental to those of
the main building or use. A main building or use must exist on a lot
prior to the granting of a permit for an accessory building or use.
Any structure used for recreational purposes as an accessory
use, including but not limited to in-ground and aboveground swimming
pools and related mechanical equipment, tennis courts, basketball
courts, skateboard ramps, or any other similar use.
[Added 5-8-2007; amended 8-28-2007; 8-24-2010]
For the purposes of this chapter, an area of 40,000 square
feet.
[Amended 5-27-1997 by L.L. No. 2-1997]
Any outdoor advertising sign, advertising medium, poster,
device or any structure or thing which calls attention to any business
conducted on, or to articles sold on, the premises to which the sign
is affixed, except that the term shall not include lettering painted
on awnings, windows or to any sign within a building.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties. No alley shall be deemed
a street for the purposes of this code.
[Amended 5-8-2007; 8-28-2007]
Any change, rearrangement or addition to a building, other
than repairs; any modification in construction or building equipment.
A room or suite of rooms to be occupied as a dwelling unit.
A residential building containing three or more apartments.
Facade, facie, windows, walls, roofing, skylights, parapets,
breezeway, foundations, building entrance, doorways, overhangs, columns,
lighting, parking lot, landscaping and all other exterior components
and sides of a building or structure which are intended to be exposed
to climate and weather conditions or which may be visible from any
public way and shall include the materials and composition of materials
which comprise such exterior.
[Added 4-13-1999]
A designated AO or VO Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident.
Any premises used for spectator presentations, such as concerts,
theatrical performances, lectures and similar cultural events, containing
seats permanently or temporarily installed.
The average of the actual front setbacks of existing buildings
within a two-hundred-foot distance from each side property line of
the subject property, including any principal building which may exist
on the subject property. If the 200 feet are interrupted by a road
intersection, only the front setbacks up to that intersection shall
be used in calculating the average.
[Added 10-22-2002]
Any establishment that serves primarily alcoholic beverages
for on premises consumption. Where food is served in addition to alcoholic
beverages, a bar shall be an establishment that has more than 40%
of seats located at a counter or counters as opposed to individual
tables receiving table service.
[Added 8-24-2010]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The portion of a building that is partly below grade which
has more than 1/2 of its height, measured from floor to ceiling, below
the average finished grade of the ground adjoining the building.
[Amended 8-24-2010]
An establishment in which rooms are rented to transient guests
and in which limited food service for such guests is provided.
[Added 2-24-1998]
Any advertising sign, as defined above, which calls attention
to any business or advertises anything neither conducted on nor sold
on the premises to which the sign is affixed.
A motel the purpose of which is to provide temporary occupancy
on a daily rental basis to persons traveling by boat rather than by
automobile and which does provide mooring space without charge for
the boats of those occupying the units rather than parking space for
automobiles.
Any type of wall, whether solid or lattice, and whether constructed
of concrete, masonry, wood, metal, plastic or any other suitable building
material which are not part of the structural support of the building
and which are so designed as to break away under abnormally high tides
or wave action without damage to the structural integrity of the building
on which they are used or any buildings to which they might be carried
by floodwaters.
The total area of land, measured in square feet, covered
by all buildings on a lot, excluding cornices, eaves, gutters; or
chimneys projecting not more than 24 inches; steps, porches, bay windows
extending not more than one story in height and not more than five
feet horizontally; balconies and terraces. Where a building includes
a parking structure, the roof of which is improved as a plaza or improved
recreation area, the portion of the parking structure over which such
roof lies shall not be considered part of the building area if the
roof of said parking structure is eight feet or less above the average
street grade.
[Amended 11-26-1985][1]
A structure wholly or partially enclosed within exterior
walls and a roof, or within exterior and party walls and a roof, whether
permanent or temporary for the use of housing or storage of persons,
animals, or other property. For the purposes of this code, a structure
shall include all buildings but not all structures will be deemed
to be "buildings."
[Amended 3-13-2001]
Any hemp and any product processed or derived from hemp,
including a topical application, that is used for human consumption
provided it does not have a concentration of more than 0.3% delta-9
tetrahydrocannabinol (THC). Cannabidiol (CBD) products are an example
of cannabinoid hemp products that have a variety of forms, including,
but not limited to, tinctures (CBD oil), pills, capsules, balms, lotions,
and food and beverage products.
[Added 7-25-2023 by L.L.
No. 4-2023]
Any establishment, business, or facility which sells cannabinoid
hemp products in their final form to consumers to be used for human
consumption or topical application.
[Added 7-25-2023 by L.L.
No. 4-2023]
A building or portion thereof used exclusively for the washing
and waxing of automobiles for a fee.
[Amended 3-13-2001][2]
The area subject to high velocity waters, including but not
limited to hurricane wave wash or tsunamis. The area is designated
on a FIRM as Zoning V1 - 30.
Any establishment where cattle, horses, goats, hogs, sheep
or other grazing animals are kept for the purpose of sale, or for
the sale of dairy products or meat, or are boarded for a fee. The
keeping of not more than two milch cows, two milch goats, six hogs,
or where the sale of extra milk or other products is clearly incidental
to the production of home supplies shall not be considered as a commercial
operation.
Any establishment where poultry of whatever kind are raised,
in excess of 200 adult birds, 500 immature birds, or both, for the
sale of eggs, fowl, broilers, chicks, feathers or any other poultry
or where provision of, or intent to provide a building, has been made
for housing such birds, covering an area in excess of 400 square feet
of building area or capacity of 3,200 cubic feet.
[Added 11-27-2001]
Any vehicle prominently displaying the name
of a business or enterprise, including, but not limited to, vans,
pick-up trucks, limousines, landscape trucks, taxis, trailers and
buses; or
Any vehicle classified under New York Vehicle
and Traffic Law and its regulations as a limousine, taxi, livery,
bus, school bus, trailer, commercial truck or similar designation
denoting a business activity.
Any motor-driven vehicle, other than a private
passenger vehicle, regardless of license plate classification and
whether or not displaying the name of a business or enterprise, which
is used primarily to conduct business or a commercial enterprise.
[Added 9-28-2004]
An individually owned dwelling unit in a multiple residence
with an interest in the common areas and facilities which serve the
multiple residence.
A line on a site plan, subdivision plat or similar document
joining points of equal elevation above or below mean sea level.
[Added 5-8-2007; amended 8-28-2007]
Any retail establishment offering for sale commonly sold
prepackaged food products, ready-to-eat food products, household items,
sundries, magazines, newspapers, tobacco products and other goods
commonly associated with the same and having a gross floor area of
less than 5,000 square feet. A convenience store includes what is
commonly referred to as a "delicatessen."
[Added 9-26-2000]
Any change in the chemical or physical nature of food, whether
or not raw or prepared, which occurs as the result of the use of flame,
convection heat, electrical coil, microwave energy, hot plate or other
means requiring the use of energy.
[Added 10-22-2002]
A multiple residence which is owned and operated by a mutual
company, which company is operated for the benefit of persons or families
who are entitled to occupancy of the individual dwelling units by
reason of ownership of stock in the mutual company. Common areas and
facilities which serve the multiple residence are owned and operated
by the mutual company.
An open space enclosed on all sides by exterior walls of
a building or by exterior walls and lot lines on which walls are allowed.
An open space enclosed on three sides by exterior walls of
a building with one side or end open to street, driveway, alley or
yard.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimensions of the unenclosed side of the court.
That percentage of the plot or lot area covered by the building
area.
The established elevation of the curb grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where no such grade has been established, the Director
of Public Works shall establish the same for the purpose of this chapter.
The head of the Building Department who is the enforcement
officer of this chapter.
[Added 8-24-2010]
A building or portion thereof containing sleeping accommodations
on the same site as and in conjunction with a school, college or conference
facility.
An auxiliary use to a restaurant or other business, whereby
patrons generally pick up goods or food, or receive service by driving
a car or other vehicle to a driveway next to the building, and receive
such goods through a specially designed window for such purpose.
[Amended 9-26-2000]
The tools, accessories and/or equipment commonly used to
ingest cannabinoid hemp, tobacco, and/or non-FDA-approved drugs, including,
but not limited to, glass pipes, water pipes, hookahs, bongs, one-hitter
pipes, rolling papers, pipe screens, roach clips, vaporizers, tobacco
or cannabinoid hemp rolling machines, vaporizers, small weighing scales,
or any other device, equipment or apparatus designed and/or intended
for the inhalation of cannabinoid hemp or tobacco.
[Added 7-25-2023 by L.L.
No. 4-2023]
A building, or portion thereof, containing three or more
dwelling units; an apartment house.
See "townhouse."
A detached building containing one dwelling unit only, not
having more than one kitchen or one kitchenette.
A detached building containing two dwelling units only, i.e.,
a double house, twin house or one-over-one house.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
Area enclosed within the outside walls of the dwelling unit,
with a structural ceiling height of at least seven feet, six inches,
excluding porches, garages, terraces, steps, public hallways and similar
public spaces, cellars and basement rooms used for storage, utility
installations and other similar purposes.
A small apartment without a bedroom separate from living
areas.
[Added 8-24-2010]
Any side of a building facing a public way or space and finished
accordingly.
[Added 8-24-2010]
A vertical surface of a building generally parallel with
a front lot line and visible from the front lot line.
[Added 8-24-2010]
An advertising sign whose longer dimension is substantially
horizontal, and the back of which is flat against the structure to
which it is affixed.
[Amended 10-24-1989]
The functional equivalent of a family consisting
of one or more surrogate parents and a number of foster children,
living and cooking together as a permanent-like surrogate family;
not as an institution, not as a temporary residence for transients,
but akin to a permanent family structure.
If four or more unrelated persons live in a
single dwelling unit, an inference may be drawn that they do not constitute
the functional equivalent of a traditional family.
A property where general farming, truck gardening, nurseries,
greenhouses and similar projects and activities are carried on, but
where neither animals or poultry are maintained except for the use
of the occupants of the property; also land under cultivation on which
no building exists.
A physical barrier intended to provide privacy, prevent escape
or intrusion, or to mark a boundary. Fences are often made of posts
and wire or boards. Walls made of brick or stone that are intended
for the same purpose and are not part of a structure shall also be
considered to be a fence and subject to the same regulation. Living
plantings such as hedges, trees, or shrubs shall not be deemed to
be a fence.
[Added 8-24-2010]
The elevation at which the foundation meets the ground surface.
[Added 8-24-2010]
The ground or lowest story of a building entirely above the
level of the ground around the building.
The maximum area of the floodplain which is likely to be
flooded once every 100 years or any area for which mudslides can reasonably
be anticipated.
The relatively flat area or lowlands adjoining the channel
of a river, stream, watercourse, canal or any body of standing or
tidal water, which has been or may be covered by floodwater.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures, primarily for
the reduction or elimination of flood damage to lands, water and sanitary
facilities, structures and contents of buildings.
All spaces within the exterior walls of a residential structure,
including but not limited to habitable spaces; attached garages; heater
rooms; porches or patios enclosed by screen or glass; utility and
mechanical rooms; kitchens and bathrooms; closets; hallways; stairways;
and attic space having a clear height of seven feet or more from finished
floor level to ceiling level over 50% of the area of such attic space.
Cellars and basements not meeting residential occupancy and habitability
standards shall not count toward interior floor area.
[Added 5-8-2007; amended 8-28-2007]
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, cellars, heater rooms and
basements having a window area of less than 20% of the square foot
area of the room. Usable floor area shall be deemed to include all
spaces not otherwise excluded above, such as principal rooms, utility
rooms, bathrooms, all closets and hallways opening directly into any
rooms within the dwelling unit and all attic space having a clear
height of at least five feet from finished floor level to pitch of
roof rafter with a clear height of seven feet, six inches from finished
floor level to ceiling level over 50% of the area of such attic space.
The ratio of floor area to lot area calculated by dividing
the total interior floor area by the lot area after subtracting any
deductions required by this chapter.
[Added 8-24-2010]
An establishment where fur-bearing animals such as, but not
limited to, mink, foxes or rabbits are raised for the purpose of sale
of fur pelts. The keeping of not more than two pairs of such animals
as pets shall not be considered a commercial operation.
An accessory building, or part of a main building used principally
for the storage of automobiles as an accessory use to a residential
use.
A building, or part thereof, used for the storage of motor
vehicles as a business or for transient parking needs.[3]
[Amended 3-13-2001]
A multiple dwelling other than a townhouse group that is
not more than 2 1/2 stories in height and in which not more than four
units share a common entrance.
Any area of land, including structures thereon or any building
or part thereof, that is used for the sale of gasoline and other motor
vehicle accessories, and which may or may not include facilities for
washing, lubricating or otherwise servicing motor vehicles, but not
including the painting thereof.
Housing for individual senior citizens who are 62 years of
age or older, or couples in which at least one of the individuals
is 62 years of age or older.
[Added 3-12-1996; amended 3-13-1996]
Any retail establishment offering for sale, as a significant
portion of its stock-in-trade, prepackaged food ordinarily not available
in convenience stores or grocery stores as defined in this section,
not for immediate consumption, but characterized by use in the home
or off-site. Food ordinarily not available would include specialty
items such as but not limited to organically grown foods, spices,
prepackaged hand-made pastas, prepackaged foreign specialty foods
and foods considered delicacies. In order to be defined as a gourmet
food store, the retail establishment shall have a gross floor area
of no more than 15,000 square feet. Establishments with similar stock-in-trade
to a gourmet food store and larger than 15,000 square feet shall be
defined as grocery stores for implementation purposes of this chapter.
[Added 9-26-2000]
Natural surface of the ground, or surface of the ground after
completion of any change in contour.
Any retail establishment offering for sale a combination
of commonly sold prepackaged food products, ready-to-eat food products,
fresh-grown products, fresh meat and fish, household items, sundries,
magazines, newspaper products, tobacco products and similar goods
not for immediate consumption, but characterized by use in the home
or off-site, and having a gross floor area of more than 5,000 square
feet. A grocery store includes what is commonly referred to as a "supermarket."
[Added 9-26-2000]
An accessory building designed to be used for nonpaying guests
of the owner or tenant of the lot.
Any space used for one or more of the following: living,
sleeping, eating or cooking.
[Added 10-22-2002]
For the purpose of this chapter an area of 20,000 square
feet shall be considered to be a half acre.
An establishment where poultry or fish of whatever kind are
hatched for sale by means of artificial incubation.
The vertical distance between the midpoint of the roof of a structure, or the top of the roof for structures with flat or mansard roofs, and the finished grade directly below. The midpoint shall be the mean height between the eave and the ridge. The measurement of structure height shall be as specified in § 280-45Q.
[Amended 5-8-2007; 8-28-2007; 8-24-2010]
The plant Cannabis sativa L. and any part of such plant,
including the seeds thereof and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more than
0.3% on a dry-weight basis.
[Added 7-25-2023 by L.L.
No. 4-2023]
Any use customarily carried on entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling purposes and does not change
the character thereof. Such home occupation may not include the conduct
of a clinic, hospital, barbershop, beauty parlor, tea room, tourist
home, animal hospital or any similar use.
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, sanatorium, preventorium, clinic, rest
home, health farm, nursing home, convalescent home and any other place
for the diagnosis, treatment or other care of ailments, either of
human beings or animals.
Any residential building or portion thereof containing 10
or more rooms that are used, rented or hired out to be occupied for
sleeping purposes for compensation, whether the compensation is paid
directly or indirectly.
The use of more than 200 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 storage, keeping,
abandonment or sale of wastepaper, rags, scrap metals or other scrap
or discarded materials; or for the collection, dismantling or abandonment
of automobiles or other vehicles or machinery or parts thereof; or
the processing of such materials in any way.
Any establishment where dogs or cats are raised for the purpose
of sale, breeding, training or exhibition, or are boarded for a fee,
or are sheltered for humanitarian reasons. The keeping of pet animals
not in excess of six of each kind shall not constitute a kennel or
cattery.
All interior space used for human occupancy, in any manner,
including, but not limited to, habitable space, recreation areas,
bathrooms, kitchens, and laundry areas.
[Added 10-22-2002]
Each off-street loading space or unit is a space 10 feet
by 30 feet by 14 feet high located either within the structure or
within a side or rear yard or access drive.
[Added 10-24-1989]
A clubhouse or club room of the local unit of a nationally
recognized fraternal or social order, the majority of the members
of which local unit are residents of the City of Glen Cove.
Land occupied or intended to be occupied by a building and
its accessory buildings, or by a dwelling group and its accessory
buildings, together with such open spaces as are required under the
provisions of this chapter.
[Amended 5-8-2007; 8-28-2007]
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135º.
LOT, INTERIORA lot other than a corner lot or a through lot.
LOT, FLAGA lot that does not meet minimum frontage requirements or the required lot width measured at the front setback. Access to the street is by a narrow extension of the lot (“flagpole”) which does not meet minimum frontage or width requirements and which connects the main part of the lot to the street. (See diagram below.)
 |
LOT, FRONTAGEThe length of that portion of a lot line that directly abuts a street right-of-way.
LOT, DEPTHThe mean horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.
LOT, WIDTHThe distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the required front yard minimum setback line parallel with the street.
LOT LINE, FRONTFor lots with one street frontage, the front lot line shall be the boundary of the lot along the public or private street on which the lot has frontage. In residential districts, for corner lots created following the effective date of this ordinance,[4] the front lot line shall be the boundary of the lot along
every public or private street on which the lot has frontage. In residential
districts, for corner lots that existed prior to the effective date
of this ordinance and for all flag lots, the front lot line shall
be determined by the position of the existing or proposed front door
of the building. In the B-1 District, the front lot line of a corner
lot shall be the boundary of the lot along the street with the highest
pedestrian traffic on which the lot has frontage. In other commercial
and industrial districts, the front lot line shall be the boundary
of the lot along the street with the highest vehicular traffic on
which the lot has frontage.
[Added 8-24-2010]
LOT LINE, REARAny and all lot lines opposite any front lot line, except that if the lot line opposite the front 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 line. On a corner lot in residential districts, for lots created following the effective date of this ordinance,[5] all lot lines other than front lot lines shall be deemed
rear lot lines.
LOT LINE, SIDEAny lot line that is neither a front lot line nor a rear lot line.
LOT, THROUGHA lot which is not a corner lot and which has two street lines.
Any process whereby the nature, size or shape of articles
or raw materials is changed, or where articles are assembled.
Any premises containing one or more piers, wharves, docks,
moorings, bulkheads, buildings, slips, basins or land under water
designed, used or intended to be used primarily for the docking or
mooring of boats for compensation.
A building or group of two or more detached or semidetached
buildings, including automobile trailers, containing rooms or apartments
with automobile parking or storage space serving such rooms or apartments,
provided directly or closely connected therewith, which building or
group of buildings is designed, intended or used primarily for the
providing of sleeping accommodations for automobile travelers, including
groups designated as auto cabins, motels, motor lodges and by similar
designations.
A business that provides automobile repair of the body of
the car, which may include metal work, fiberglass repair or the like,
or painting or otherwise finishing the exterior surface of the car.
[Added 3-13-2001]
A business that provides full-service automobile diagnostics,
repair and service without the sale of gasoline or other auto related
merchandise for sale to the general public.
[Added 3-13-2001]
See "gasoline service stations."
[Added 3-13-2001]
Multifamily housing built and operated by the Housing Authority
of the City of Glen Cove.
Navigable vessels shall meet all of the following criteria:
[Added 11-23-2004]
Be built on a boat hull or on two or more pontoons.
Be equipped with an operable motor.
Be equipped with operable rudder controls located
at a point on the vessel from which there is forward visibility over
a range of 180º.
Be compliant with all applicable state and federal
requirements relating to vessels.
Be registered as a vessel in the state of principal
use.
Have registration numbers clearly displayed.
Carry liability and hull insurance.
Be in a state of good repair.
Be seaworthy and capable of being used for active
navigation.
A building that does not conform to the area or dimensional
regulations currently in effect for the district in which it is located,
which building was lawfully existing under the provisions of the Glen
Cove City Code at the time of the erection of said building, and at
the time immediately prior to the adoption of said regulations.
[Added 10-10-2023 by L.L. No. 6-2023]
A lot that does not conform to the area or dimensional regulations
currently in effect for the district in which it is located, which
lot was lawfully existing under the provisions of the Glen Cove City
Code at the time of the creation of said lot, and at the time immediately
prior to the adoption of said regulations.
[Added 10-10-2023 by L.L. No. 6-2023]
Use of a building or of land that does not conform to the
regulations currently in effect as to use for the district in which
it is located, which use was lawfully existing under the provisions
of the Glen Cove City Code at the time of the creation of said use
or the establishment of said use, and at the time immediately prior
to the adoption of said regulations.
[Amended 10-10-2023 by L.L. No. 6-2023]
An establishment where woody or herbaceous plants are grown
for sale, including a stand for the sale of such merchandise.
A building used for the accommodation and care of persons
recuperating from illness or with an incapacity, including care and/or
treatment of the aged, where nursing services are permitted.
A flood of such magnitude as may reasonably be expected to
be equaled or exceeded on an average of once every 100 years; the
term also means that level of flooding having a one-percent probability
of occurrence in any year.
The parking of a commercial vehicle at any time after midnight
and before 6:00 a.m.
[Added 11-27-2001]
The area required for parking of automobiles; the minimum
dimensions of which shall be nine feet wide and 20 feet long, exclusive
of passageways.
For the purpose of defining parking requirements only, a
personal service shop shall mean a commercial business that is characterized
by the purchase of services administered by another person or on-site
apparatus, such as a tanning bed or hair dryers, and where purchase
of goods is incidental to the service provided. Services that are
further identified, such as dental and doctor offices, in the parking
requirements section shall not be included as a personal service shop.
[Added 3-13-2001]
An area of a minimum contiguous size, as specified by this
chapter, to be planned, developed, operated, and maintained according
to a plan containing one or more structures and/or uses with appurtenant
public or private common areas.
[Added 11-23-2004]
A required lot width equal to the average lot width of principal
residential buildings on the same side of the street and within a
distance of three times the minimum lot frontage for the district
in which the subject lot is located. Lots located outside of the zoning
district that the subject lot is located within shall not be considered
in computation of prevailing lot width. Corner lots shall not have
a prevailing lot width. The prevailing lot width shall be no more
than 150% the minimum lot width requirement.
[Added 8-24-2010]
A required minimum distance between the front lot line and
the front building line, equal to the average of the front setback
of principal residential buildings on the same side of the street
and within a distance of three times the minimum lot frontage for
the district in which the subject lot is located. Lots located outside
of the zoning district that the subject lot is located within shall
not be considered in computation of prevailing front setback. The
prevailing front setback shall be no more than 150% the minimum front
yard requirement.
[Added 5-8-2007; amended 8-28-2007; 8-24-2010]
A building in which is conducted the main or principal use
of the lot on which said building is located.
Office for person or persons whose vocation or occupation
required advance training in some liberal art or science and usually
involving mental rather than manual work.
Theaters, schools, colleges, gymnasiums, public assembly
halls, City halls, firehouses, police stations, libraries, museums,
stadiums, lodge rooms, clubhouses, dance halls, railroad stations,
bus stations and churches shall be considered as public buildings.
Publicly owned property as contained in § 280-55 shall not be deemed to include the following: public beaches; lands under water; contiguous or abutting public streets, roads or highways; property improved with substantial buildings or other structures.
An area of 10,000 square feet shall be considered to be a
quarter acre.
A building or buildings, designed for classes and seminars
to provide training in various phases of corporate management, administration,
computer technology and similar skills, including overnight accommodations
and accessory recreation facilities.
Any establishment that serves prepared food and beverages
primarily to persons seated at tables or counters within the building.
Restaurants are generally characterized by table service, whether
or not alcoholic beverages are sold. This includes cafes, tearooms
and outdoor cafes.
[Amended 9-26-2000]
An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared and
held for service, or prepared, fried or griddled quickly or heated
in a device such as an oven or microwave oven. Generally, there is
no table service, and food is generally served in a disposable wrapping
or container. Take-out restaurants also include prepared ice cream
stores, bakeries, pizza-to-go, bagel and coffee establishments and
the like, whether these have tables for patron seating or not.
[Added 9-26-2000]
For the purposes of defining parking requirements only, a
retail business shall mean a business whereby goods are displayed
for the purchase by the general public, unless further identified
in the parking regulations, such as a convenience business or a grocery
store.
[Added 3-13-2001]
Any building or portion thereof containing more than two
and less than 10 rooms that are used, rented or hired for permanent
occupancy for sleeping purposes for compensation, whether the compensation
be paid directly or indirectly. The term "rooming house" shall be
deemed to include "lodging house" and "boardinghouse" but not "tourist
home" or "motel." Rooming houses are not permitted in any zoning district
in the City of Glen Cove.
[Amended 8-24-2010]
An apparatus capable of receiving communications from a transmitter
or a transmitter relay located in planetary orbit.
[Added 10-22-1985]
A residential facility with four or more dwelling units limited
to efficiency or two-room suites designed for occupancy for elderly
persons 65 years or older, which facility also includes common eating
facilities for residents and common meeting or social or recreation
areas. Such housing may also include facilities for limited emergency
and/or diagnostic medical service, store for use by residents for
convenience goods, medical supplies and sale of goods made by residents.
[Added 5-14-1991]
An accessory building designed to be used for the housing
of domestic help employed by the owner or tenant of the property.
The required minimum distance between the front lot line
and the front building line, as determined by the minimum front yard
requirement.
[Added 5-8-2007; amended 8-28-2007]
The required minimum distance between the rear lot line and
the rear building line, as determined by the minimum rear yard requirement.
[Added 5-8-2007; amended 8-28-2007]
The required minimum distance between the side lot line and
the side building line, as determined by the minimum side yard requirement.
[Added 5-8-2007; 8-28-2007]
A tract of land with buildings or structures planned as a
whole and intended for three or more retail establishments with accessory
parking on the same site.
See "advertising sign" and "billboard."
A theoretical inclined plane, through which the height of
a building may not penetrate. It is inclined over the lot at an angle
as measured at the lot line at natural grade. A composite of sky exposure
planes form a polyhedron within which a structure must be completely
contained with unless otherwise exempted.
[Added 5-8-2007; amended 8-28-2007]
 |
The deviation of a surface from the horizontal usually expressed
in percent or degrees. Slope percent is calculated by dividing the
vertical distance by the horizontal distance times 100. For example,
where two-foot contour lines on a map are located 10 feet apart, the
slope of land between the contour lines is 20%.
[Added 9-12-1989; amended 8-28-2007]
[Added 1-9-1990]
All putrescible and nonputrescible materials or substances, except as described in Subsection D of this definition, that are discarded or rejected as being spent, unless worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal.
A material is discarded if it is abandoned by
being:
A material is disposed of if it is discharged,
deposited, injected, dumped, spilled, leaked or placed into or on
any land or water so that such material or any constituent thereof
may enter the environment or be emitted into the air or discharged
into groundwater or surface water.
The following are not solid waste for the purposes
of this section:
Domestic sewage.
Any mixture of domestic sewage and other waste
that passes through a sewer system to a publicly owned treatment works
for treatment, except for any material that is introduced into such
system in order to avoid the provisions of this section.
Industrial wastewater discharges that are actual
point source discharges subject to permits under Environmental Conservation
Law Article 17. Industrial wastewaters while they are being collected,
stored or treated before discharge, and sludges that are generated
by industrial wastewater treatment are solid wastes and are regulated
by this section.
Irrigation return flows.
Radioactive materials which are source, special
nuclear or by-product material as defined by the Atomic Energy Act
of 1954, as amended.
For the purpose of calculating required living space, rooms
in a split-level house which are placed over a finished or unfinished
garage, cellar or basement shall be considered as being on the first
floor, provided that the floor levels of such rooms are not more than
five feet above the level of the remainder of the first floor.
An accessory building or portion of a main building in which
horses are kept, whether for private use or for hire, remuneration
or sale.
Land areas where the slope equals or exceeds 15%.
[Added 8-28-2007]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between the floor and the ceiling
above it. A basement shall be counted as a story but a cellar shall
not be counted as a story. See “basement”; “cellar.”
[Amended 5-8-2007; 8-28-2007]
A story of a building with at least two opposite exterior
sides meeting a sloping roof not more than three feet above the floor
of such story and having an average ceiling height not more than seven
feet. A mezzanine in a dwelling unit may qualify as a half story when
there is a sloping roof above, and when the average ceiling height
is no more than seven feet, and when the floor area is no more than
1/3 of the floor area immediately below, and when the use is limited
to recreational purposes.
[Amended 10-22-2002; 5-8-2007; 8-28-2007]
A public or private thoroughfare, however designated, which
affords legal access to abutting property.
The dividing line between a lot and a street.
Any permanent fixture or improvement of or on a property.
[Added 3-13-2001]
An outdoor water pool which is not operated for gain and
which is intended to be used for swimming or bathing by any family
or persons residing on the premises and their guests. An outdoor water
pool shall, for the purposes of this chapter, be construed to mean
any 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
or having a plane surface area of water greater than 100 square feet.
Definition includes in-ground as well as aboveground swimming pools.
A terminal where liquids or gases are received by tank vessel,
pipeline, tank vehicle and are stored for the purpose of distributing
such gases or liquids.
A dwelling in which overnight sleeping accommodations are
provided or offered for transient guests for compensation.
One of several units in a building, which unit is designed
for and occupied exclusively as a home or residence for not more than
one family living independently of any other family, separated from
other units by a party wall or walls, and erected on a lot intended
to be held in the form of a condominium or in single and separate
ownership from any adjoining units.
A wheeled vehicle designed and used for living purposes in
any place or under any conditions. The removal of the wheels from
such a vehicle shall not be deemed to alter its status in any way.
[Added 1-9-1990]
Receiving and processing solid waste by reducing
or altering the volume or the chemical or physical characteristics
of the material through process such as, but not limited to, separating,
baling, size reduction or shredding before it is delivered to a landfill,
composting facility or solid waste incinerator.
Separating, processing, modifying, converting,
treating or preparing collected solid waste so that component materials
or substances or recoverable resources may be recovered or used as
a raw material or energy source.
Separating recyclables from the solid waste
stream and/or receiving previously separated recyclables for further
processing and transfer to another facility.
A dwelling unit or portion thereof, detached garage, dock,
shed, pool, cabana, athletic or recreational court, or other outdoor
accessory structure or yard area occupied or used by persons other
than the owner, a family member of the owner or invited guests of
the owner and for which rent or other consideration is received by
the owner, directly or indirectly, in exchange for occupation or use
for a period of less than 28 days. "Transient rental properties" shall
not include properties used exclusively for nonresidential commercial
purposes, or any legally operating hotel or motel as those uses are
defined in the Building Zone Ordinance. Any offering or advertisement
to use a transient rental property as defined herein for a period
of less than 28 days placed with Airbnb, HomeAway, VRBO, Swimply or
other media outlets shall create a rebuttable presumption that the
property is a transient rental property.
[Added 8-22-2023 by L.L.
No. 5-2023]
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all said occupants.
A satellite signal, which when viewed on a conventional television
set is at least equal in picture quality to that received from local
commercial television or by way of cable television.
[Added 10-22-1985]
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Any facility or location that offers, permits, or allows
on-site indoor smoking of electronic cigarettes, vape pens, vapors,
and pipes, e-liquids or other similar substances, including any and
all establishments commonly known as "hookah lounges." "Smoking" includes
the inhalation of the smoke/e-liquid nicotine/vapors, water pipe tobacco
and other substances encased in electronic cigarettes, vape pens,
and/or pipes commonly known as "hookah," "shisha," and "narghile"
or any similar device.
[Added 7-25-2023 by L.L.
No. 4-2023]
Any electronic cigarettes, electronic pipes, vape pens, pod
devices, vapors, e-liquid, or like substances. "Vape products" shall
not include products for the inhalation of tobacco-flavored nicotine
as authorized by the Food and Drug Administration.
[Added 7-25-2023 by L.L.
No. 4-2023]
An open unoccupied space in the same lot with the building
between the front line of the building and the front line of the lot
and extending the full width of the lot.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
chapter.
An unoccupied ground area on the same lot with the building
between the rear lot line and a line drawn parallel thereto, extending
from lot line to lot line.
Any yard measured between a line drawn parallel to a street
or lot line at a distance equal to the respective yard dimension required
by this chapter.
An unoccupied ground area on the same lot with the building
between any property line other than a street or rear lot line and
a line drawn parallel thereto, and between the front and rear yards.
[1]
Editor’s Note: The former definition of "Building Department
Administrator," which immediately followed this definition, was repealed
8-24-2010. See now the definition of "Director of the Building Department."
[2]
Editor's Note: The former definition of "cellar," as amended,
which immediately followed this definition, was repealed 8-24-2010.
[3]
Editor's Note: The definition of "garage,
storage," which immediately followed this definition, was repealed
3-13-2001.
[4]
Editor's Note: "This ordinance" refers to
the ordinance adopted 5-8-2007 and readopted 8-28-2007.
[5]
Editor's Note: “This ordinance”
refers to the ordinance adopted 5-8-2007 and readopted 8-28-2007.
