Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meanings herein
indicated:
A building subordinate to the main building on the lot and
used for the purposes customarily incidental to those of the main
building.
Refers to the land exclusive of the street area.
An individual appointed by the Village Board of Trustees
to serve on the Village Zoning Board of Appeals or Planning Board
when a regular member is absent or unable to participate on an application
or matter before the respective board as provided for herein.
[Added 3-21-2017 by L.L.
No. 2-2017]
The Mayor and four Trustees duly elected by the voters of
the Incorporated Village of Belle Terre.
Any vessel, watercraft or other contrivance used or capable
of being used as a means of transportation in the water.
[Added 3-18-2014 by L.L. No. 4-2014]
Any structure having a roof supported by columns or by walls
and intended for the shelter or housing of persons, a private garage
as defined in this section or an accessory building as defined in
this section.
The aggregate of the maximum horizontal cross section of
the building or buildings on the lot.
Either an architect or engineer, both of which shall be licensed
in the State of New York, perfectly conversant with plans and specifications
of buildings and structures.
[Amended 10-5-1992 by L.L. No. 1-1992]
The Village Clerk or the enforcing authority appointed by
the Board of Trustees for the purpose of this chapter.
Any truck, tractor, machinery, school bus, trailer, boat
or other vehicle used for the transportation for compensation or for
hire of persons or property. For the purposes of this definition,
a limousine is deemed to be a commercial vehicle. Lack of a commercial
license plate or commercial registration shall not be conclusive proof
that a vehicle is not a commercial vehicle within this definition.
[Added 3-18-2014 by L.L. No. 4-2014]
The Constables of the Village of Belle Terre.
[Amended 10-5-1992 by L.L. No. 1-1992]
A fence. no greater than eight feet in height as measured
from the prevailing natural grade of the property, the sole purpose
of which is to exclude deer from the enclosed area. Such fence shall
be made of any of a number of black plastics, usually polypropylene.
products with square openings between 3/4 inch and two-inch wide.
designed to be "invisible" when viewed from a distance. No other materials
such as: wood, metal, wire, or solid plastic may be used as "deer
fence.
[Added 10-16-2018 by L.L.
No. 3-2018]
A paved surface or pathway which extends from a portion of
a lot and leads directly to a curb-cut on an adjacent street. For
the purposes of this definition, a paved surface or pathway shall
include those constructed of, or covered with, an all-weather surface
such as gravel, macadam, asphalt, concrete or other material approved
by the Village Building Department.
[Added 3-18-2014 by L.L. No. 4-2014]
A detached house consisting of or intended to be occupied
as a residence by one family only, as family is hereafter defined.
In no case shall be a lodging house, boardinghouse, fraternity house,
sorority house or multiple dwelling be classified or construed as
a "one-family dwelling."
Any building or structure enclosed on all sides by walls,
columns and doors and which is capable of being used for the storage
of one or more vehicles 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 which in all respects complies with the applicable zoning
laws, rules and regulations, including but not limited to all setback
requirements.
[Added 3-18-2014 by L.L. No. 4-2014]
One of the following:
[Amended 3-18-2014 by L.L. No. 4-2014]
One, two or three persons occupying a dwelling unit; or
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
Evidence that four or more persons living in a single dwelling
unit who are not related by blood, marriage or legal custody shall
create a rebuttable presumption that such persons do not constitute
the functional equivalent of a traditional family.
The foregoing presumption may be rebutted by submitting evidence
to the Chief Building Inspector that all of the following are present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
The occupants share the entire dwelling unit and live and cook
together as a single housekeeping unit. A unit in which various occupants
act as separate roomers is not deemed to be occupied by the functional
equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence for such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
An appeal from the Chief Building Inspector's determination
may be taken to the Zoning Board of Appeals, by written request, within
30 days of such determination. The Zoning Board of Appeals shall hold
a public hearing on such appeal within 30 days after receipt of written
notice of such appeal and, after such hearing, shall make written
findings and a decision either sustaining or reversing such determination
within 30 days after close of such public hearing.
The line of that face of the building nearest the front property
line or setback line of the lot.
A private garage detached from the principal structure. "Detached
garages" shall be considered accessory structures but may not be greater
than 14 feet in height above the surrounding grade, and any area above
the firstfloor level may only be used as a storage area with
a ceiling height not to exceed six feet above the floor. "Detached
garages" may not exceed 600 square feet in floor area. No more than
one "detached garage" shall be permitted on any parcel of property.
A detached garage should be no less than 10 feet from the principal
structure.
[Added 10-5-1992 by L.L. No. 1-1992; 10-16-2018 by L.L. No. 3-2018]
An accessory building not more than one story in height used
for the storage of noncommercial automobiles and for one truck 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 also for the storage
of noncommercial equipment used on the lot.
[Amended 10-5-1992 by L.L. No. 1-1992]
The area included within the surrounding walls of a building
or portion thereof in addition to the surrounding walls, exclusive
of all attached garages, attics, unheated spaces and courts, but including
all levels above the foundation.
The height of a building shall be measured from the average
finished grade surrounding the building to the highest point of the
roof.
Any vehicle used or capable of being used to carry and transport
horses.
[Added 3-18-2014 by L.L. No. 4-2014]
Any vehicle, including a trailer, which is not duly registered
pursuant to Vehicle and Traffic Law § 401 or is in a rusted,
wrecked, discarded, dismantled, partly dismantled, inoperative or
abandoned condition.
[Added 3-18-2014 by L.L. No. 4-2014]
The area of a lot on which a building and its accessories
are located.
A lot situated at the intersection of and fronting on two
or more streets, whether the corner or corners formed by the streets
are angular or curved.
The mean distance 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 other than a corner lot.
Any lot owned individually and separately and separated from any adjoining tracts of land on or before its inclusion within any zoning district and owned individually and separately and separated from any adjoining tracts of land continuously thereafter is exempt from lot area requirements as detailed in § 170-7A. Any lots not so continuously owned shall be deemed merged. Proof of single and separate ownership shall be submitted in the form of:
[Added 2-27-1990 by L.L. No. 1-1990]
The mean distance measured at right angles to its depth.
A curbside mailbox shall have the ordinary definition as
set forth in the U.S. Postal Service standards. A mailbox that complies
with the criteria of the U.S. Postal Service guidelines regarding
size, placement and installation for a curbside residential mailbox
shall not be a "structure" for purposes of the zoning code.
[Added 10-16-2018 by L.L.
No. 3-2018]
Any building or use of a building, other structure or tract
of land which was lawfully existing prior to the adoption or amendment
of this chapter but which does not conform to the use regulations
for the district in which such use is located by reason of such adoption
or amendment.
[Amended 10-5-1992 by L.L. No. 1-1992]
Shall refer to the period of time between 10:00 p.m. and
5:00 a.m. EST.
[Added 3-18-2014 by L.L. No. 4-2014]
Leaving a vehicle unoccupied, standing motionless and unattended
for an interval of time longer than is reasonably necessary to load
or unload passengers or freight. For the purposes of this chapter,
parking shall also include the storage of boats and vehicles.
[Amended 3-18-2014 by L.L. No. 4-2014]
An off-street parking area which is not part of public streets
or driveways available for parking one or more vehicles and having
direct access to the street.
[Added 3-18-2014 by L.L. No. 4-2014]
The official Planning Board of the Village of Belle Terre,
appointed pursuant to the provisions of the Village Law of the State
of New York.
Includes the land and all buildings and structures thereon.
Any vehicle, including a trailer, which is constructed, altered
or otherwise designed to be used to transport persons and/or personal
possessions for recreational purposes by its operator. For the purposes
of this definition, mobile homes, motor homes, tent trailers and campers
are deemed to be recreational vehicles.
[Added 3-18-2014 by L.L. No. 4-2014]
An individual appointed by the Village Board of Trustees
to serve on the Village Zoning Board of Appeals or Planning Board
as provided by Village Law.
[Added 3-21-2017 by L.L.
No. 2-2017]
Includes every kind of billboard, signboard and any other
shape or device or display arranged, intended, designed or used as
an advertisement, announcement or directions, including any text,
symbol, marks, letters or figures painted on or incorporated in the
composition of the exterior surface of a building or structure.
The dividing line between the street and a lot.
A modification of an existing building or structure where
the original design has been altered or changed.
A construction, other than a building, made of a combination
of materials to form a structure that is safe and stable, the use
of which requires erection in or on the ground or attached to something
having a location on the ground and includes, among other things,
platforms, staging, poles, walls, fences, columns, gates. flag poles,
retaining walls and on-ground radio and television antennas The term
"structure" shall be construed as though followed by the words "or
part thereof."
[Amended 10-5-1992 by L.L. No. 1-1992; 10-16-2018 by L.L. No. 3-2018]
The division of a tract or parcel of land into two or more
lots, plots, blocks or sites with or without streets for the purposes,
whether immediate or future, of transfer of ownership or a building
development and shall include resubdivision.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, off-highway trail,
waterway or snow, except devices propelled by muscular power and electrically
driven mobility-assistance devices operated or driven by a person
with a disability. For the purposes of this definition, a trailer
is deemed to be a vehicle.
[Added 3-18-2014 by L.L. No. 4-2014]
An unoccupied space open to the sky on the same lot with
a building structure.
The required open space extending between the street line
and the front building line and extending the full width of the lot.
If the street line is concave when facing the lot from the street
and has a radius of curvature of 200 feet or less, the "front yard"
shall be the open space between the street line and a straight line
drawn tangent to a curve concentric with the street at the building
line. The straight line shall be drawn in such a manner that the angles
formed by the straight line and the side lines of the lot shall be
equal.
[Amended 10-5-1992 by L.L. No. 1-1992]
The required open space on the same lot with the building
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
The required open space on the same lot with the building
extending along the side lot line from the front yard to the rear
yard.
