For purposes of this chapter, certain words and terms
used herein are defined as follows:
ACCESSORY DWELLING
An accessory building which is designed and equipped to be
used for overnight habitable purposes for a single dwelling unit and
is located on a lot which contains a principal dwelling.
[Added 7-15-2003 by L.L. No. 4-2003]
ALTER
To change or rearrange the structural parts or the exit facilities
of a structure or to move a building from one location or position
to another.
AREA, BUILDING
The total area of a lot covered by all buildings thereon,
both principal and accessory, measured by the exterior dimensions
of such buildings, but not including uncovered porches, steps and
terraces.
AREA, FLOOR
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior face of exterior
walls or from the center line of walls separating two buildings, and
excluding breezeway and garage areas and basement and attic floor
areas used only for accessory uses.
BASEMENT
That portion of a building wholly or partly underground which
extends no more than four feet above the adjoining finished grade.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or use of persons or the enclosure
of animals or chattels. The term "building" shall also include the
words "principal building," "accessory building" and "structure."
The word "building" shall be construed as though followed by the words
"or part thereof."
[Amended 6-23-1982 by L.L. No. 2-1982; 7-15-2003 by L.L. No.
4-2003]
BUILDING, ACCESSORY
A building or structure which is subordinate and accessory to the principal use or building on the same lot and which is used for purposes customarily incidental to those of the principal building, such as and including a private garage; private swimming pool and appurtenant bathhouse; swimming pool filtration equipment; generator, heating and air conditioning equipment and other similar mechanical equipment; private toolhouse; private children's playhouse; private tennis house, tennis court and other recreational courts; deck; patio; terrace; courtyard used for parking of motor vehicles; private riding ring; private stable; noncommercial greenhouse. Accessory dwellings are not permitted unless allowed pursuant to §
195-12B(8). Mailboxes, piers, gate posts, light poles, fences, statuaries and other similar structures which do not generate noise or activity shall not be deemed accessory buildings.
[Amended 7-18-2000 by L.L. No. 3-2000; 7-15-2003 by L.L. No.
4-2003]
BUILDING LENGTH
The least horizontal distance between the furthermost walls
of a building.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CAMP
Any area of land or water, including any building or structure
or group of buildings or structures, used for temporary or seasonal
living, camping and/or sports and recreation purposes or activities,
but excluding municipally owned areas and buildings or structures
used by a municipality for such recreation purposes.
CAMP, DAY
Any camp as defined in this chapter offering day care, instruction,
recreation, play or sports for adults or children and not qualifying
as a private school as herein set forth.
COVERAGE
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
DRIVEWAY
An area surface either improved with gravel, crushed stone
or other paving material or compacted, to be used or intended to be
used to provide for vehicular access to a lot.
[Added 7-15-2003 by L.L. No. 4-2003]
DWELLING
A detached building designed or used exclusively as living
quarters. The term shall not be deemed to include an automobile court,
motel, boardinghouse or rooming house, mobile house trailer, tourist
home or tent.
[Amended 7-15-2003 by L.L. No. 4-2003]
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
FAMILY
One or more persons occupying a dwelling unit and living
as a single housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bond.
FARM, FARM USE AND CUSTOMARY FARM OCCUPATION
(1)
FARM or FARM USE- The use of a parcel of land, either as a principal or accessory use, for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides, but shall not include the breeding, raising or maintaining of fur-bearing animals, riding academies, livery stables or animal kennels. A garden, accessory to a residential use, shall not be deemed a farm or farm use.
(2)
CUSTOMARY FARM OCCUPATION- The conducting of usual farm activities and shall include the processing of the products of only the farm on which such processing is conducted.
FILED MAP
Any map, survey or plat filed in the County Clerk's office
of Nassau County.
FRONTAGE
The extent of a building or a lot along a street.
GARAGE, PRIVATE
An accessory building or part of a main building used only
for the permitted storage of motor vehicles.
GRADE, FINISHED
The finished grade of any point along the wall of a building
shall be the elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point.
HEIGHT OF BUILDING
The vertical distance from the average established grade
in front of the lot or from the average natural grade at the building
line, if higher, to the level of the highest point of the roof. When
a lot fronts on two or more streets of different levels, the lower
street, or the average elevation of the lot with regard to the abutting
streets, may be taken as the base for measuring the height of the
building. Chimneys extending not more than three feet above the highest
point of the roof shall not be included in building height. For an
accessory building having a roof with a pitch equal to or greater
than six over 12 feet, the building height shall be the vertical distance
measured to the midpoint between the highest and lowest points of
the roof. An accessory building, regardless of roof type, shall not
exceed one story.
[Amended 7-15-2003 by L.L. No. 4-2003]
HOME OCCUPATION
An accessory use of a character customarily conducted entirely
within a dwelling by the residents thereof, using only customary home
appliances, which use is clearly incidental and secondary to the use
of the dwelling for dwelling purposes, does not change the character
thereof, does not have any exterior evidence of such secondary use
other than a small nameplate not over two square feet in area and
does not involve the keeping of a stock-in-trade. The conducting of
a clinic, hospital, barbershop, beauty parlor, photographer salon,
tea room, tourist home, real estate office, animal hospital, dancing
instruction, music instruction, band instrument instruction in groups,
convalescent home, funeral home, stores of any kind or any similar
use shall not be deemed to be a home occupation.
IMPROVED SURFACES
All buildings, as defined herein, as well as all areas on
the ground or elevated above the ground which are comprised of materials
such as asphalt, concrete, masonry, wood, gravel or partially opened
paving stones, and including elements such as swimming pools, courtyards,
volleyball courts, tennis courts and other recreational courts, decks,
patios, terraces and driveways.
[Added 7-15-2003 by L.L. No. 4-2003]
LOT
A parcel of land, not divided by streets, devoted or to be
devoted to a particular use or occupied or to be occupied by a building
and its accessory buildings, together with such open spaces as are
required under the provisions of this chapter, and having its principal
frontage on a street or on such other means of access as may be deemed
in accordance with the provisions of law to be adequate as a condition
of the issuance of a building permit for a building or buildings on
such land.
LOT AREA
The land area within the legal boundaries of a lot measured
from the street line (if applicable) to the outer boundary lines of
a lot, excluding any portion of the lot which:
[Amended 7-15-2003 by L.L. No. 4-2003; 9-9-2008 by L.L. No.
2-2008]
(1)
Has less than 1/2 of the minimum lot width;
(2)
Lies within a driveway, right-of-way or access
easement benefitting lands of another;
(3)
Is under water, to the extent that the portion
under water exceeds 10% of the minimum lot area for the zoning district
in which the lot lies; and
(4)
Contains lands with extremely steep slopes,
and for lands with very steep slopes, 50% of the area of the lot that
contains very steep slopes shall be excluded from lot area, except
for those lots within the R-5A Zoning District. For lots within the
Five-Acre ZoningDistrict, land with very steep slopes shall not be
excluded from lot area if at least 43,560 square feet of contiguous
area that lies within the allowable buildable area contains land with
topographical gradient less than 15%. All slopeland exclusions to
lot area herein are applicable only to lots that are approved by the
Planning Board after June 1, 2008.
LOT, CORNER
A lot of which at least two adjacent sides each abut for
a distance of 50 feet or more on streets or public places. Any other
lot is an interior lot. The owner, when first applying for a building
permit, shall designate which of the two streets is to be the principal
frontage for the purpose of establishing the front, rear and side
yard requirements of the lot.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT LINES
The property lines bounding a lot as defined herein.
(1)
LOT LINE, FRONT- In the case of a lot abutting upon only one street, the line separating the lot from the street. In the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line.
(2)
LOT LINE, REAR- The lot line which is generally opposite the front lot line. If the rear 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 lot line.
(3)
LOT LINE, SIDE- The property line or lines extending from the front lot line to the rear lot line.
LOT, THROUGH
A lot having frontage on two parallel or approximately parallel
streets and extending from street to street. The front yard regulations
shall apply on each street.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
[Amended 7-15-2003 by L.L. No. 4-2003]
NONCONFORMING USE
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful at the time this chapter or amendments thereto became
effective.
OFFICIAL MAP
A map adopted by the Village Board showing streets, highways
and parks already laid out, adopted and established by law. Drainage
systems may also be shown on this map.
PARK
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
[Added 2-1-1997 by L.L. No. 1-1997]
PARKING AREA
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto. In general, there
shall be an average of about 350 square feet of parking area per parking
space.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of nine feet and an
area of not less than 190 square feet, exclusive of passageways and
driveways appurtenant thereto and giving access thereto, and having
direct usable access to a street.
SCHOOL, PRIVATE[Amended 7-15-2003 by L.L. No.
4-2003]
(1)
Includes the following: parochial or church-conducted
primary and secondary schools and (private) nursery, kindergarten,
primary and secondary schools either chartered by the Regents of the
University of the State of New York or approved by and under the supervision
of the New York State Department of Education or chartered by a special
act of the legislature; which parochial and private primary schools
shall furnish academic instruction as required by § 3204
of the Education Law, and all of which enumerated schools shall have
curricula similar to those of public schools approved by said Regents
or said Department and shall give regular instruction to pupils at
least five days a week (holidays in any week excepted) for not less
than nine consecutive months in each year, but which schools shall
be conducted only during the period between September 1 and July 1
of each year (a period coextensive with the period during which public
schools are required to be in session), and all of which secondary
schools shall give examinations which are no less stringent than regents
examinations; provided, however, such schools may also conduct summer
educational programs devoted to subjects or activities which are part
of, or similar to, the regular school curriculum.
(2)
The foregoing enumeration shall in no case include
schools, though chartered, giving special or limited instruction,
that is: trade schools, business schools or vocational schools, such
as, but not limited to, music schools, drama schools, art schools,
automobile driving schools, real estate and insurance schools, radio
and television schools, beauty culture and massage schools, charm
schools, fashion schools, interior decorating schools, swimming schools,
dancing schools, barber schools and other similar types of schools.
SIGN
Any device for visual communication which is used for the
purpose of bringing the subject thereof to the attention of the public.
For the purposes of this chapter, signs shall be divided into five
categories, namely advertising, announcement, business, official road
and real estate, all of such being more specifically defined in this
section. For the purposes of this chapter, signs shall be considered
to be structures and shall be subject to all regulations applicable
to structures.
SIGN, ADVERTISING
Any sign advertising the sale of goods, the performance of
services or the name or location of a proprietor not located on the
lot upon which the sign is displayed. Billboards and similar signs
shall be included in the term "advertising sign."
SIGN, ANNOUNCEMENT
Any sign used to announce the use of the lot upon which displayed
for a professional office, home occupation or religious, charitable
or other institutional use.
SIGN, BUSINESS
Any sign used to advertise the use of the lot on which displayed
for the sale of goods, the performance of services or the name or
location of the proprietor, but not including a real estate sign.
Such sign may be located on or attached to a wall of a building, but
not projecting above the highest point of the roof of such building,
or may be freestanding.
SIGN, OFFICIAL ROAD
Any sign erected by a Village, town, county or state agency
and used to inform, control or direct traffic on a street.
SIGN, REAL ESTATE
Any sign used to advertise the sale, lease, rental, availability
or location of real estate or housing development, including the seasonal
use type of development. Such signs shall be further classified and
defined into three groups, as follows:
(1)
SALE OR LEASE SIGN- A real estate sign used to advertise the sale or lease of only the particular building or lot on which such sign is displayed.
(2)
REAL ESTATE DEVELOPMENT SIGN- A real estate sign used to advertise the sale or lease of building lots or buildings, part of a subdivision, or other real estate development and located within the boundaries of such subdivision or development.
(3)
SEASONAL USE SIGN- A real estate sign used to advertise the availability of seasonal housing or seasonal facilities or to direct the public thereto.
SIGN SIZE
The area which results by multiplying the outside dimensions
of a sign, not including the vertical, horizontal or diagonal supports
which may affix the sign to the ground or to a structure or building.
Where the sign consists of individual letters or symbols attached
to or painted on a building, the area shall be considered to be that
of the smallest rectangle which encompasses all of the letters or
symbols.
SLOPELANDS
Slopelands shall consist of steep slope, verysteep slope,
and extremelysteep slope measured from original natural grade in two
foot intervals, covering an area of 750 square feet or greater and
with a minimum horizontal width of at least 25 feet as follows:
[Added 9-9-2008 by L.L. No. 2-2008]
(1)
STEEP SLOPEAll areas of land with a topographical gradient equal to or greater than 15% but less than 25%.
(2)
VERY STEEP SLOPEAll areas of landwith a topographical gradient equal to or greater than 25%, but less than 35%.
STAND, ROADSIDE
Any building or structure, with or without walls or roof,
used to display and store produce and other farm products intended
to be sold at retail to the traveling public.
STORY
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 floor and the ceiling
next above it. A basement shall be counted as a story if the ceiling
is more than four feet above the level from which the height of the
building is measured or if it is used for business purposes or for
dwelling purposes by other than a janitor or watchman.
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STREET
A way which is an existing state, county or Village highway
or a way shown upon a subdivision plat approved by the Village Planning
Board as provided by law or on a plat duly filed and recorded in the
office of the County Clerk.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
SWIMMING POOL
Any artificial body of water or receptacle for water having
a depth at any point greater than 18 inches and used or intended to
be used for swimming or bathing and permanently constructed, installed
or maintained in or above the ground out of doors.
TERRACE
An uncovered, flat platform of earth with or without a surface
material or retaining walls.
USABLE OPEN SPACE
A portion of the ground area of a lot which is available
and accessible to all occupants of a dwelling unit or dwelling units
on said lot for outdoor recreation use, which area is not devoted
to driveways or parking spaces, is at least 25 feet in minimum dimension
and has no more than 10% of its area with a grade of more than 5%.
USE
The specific purpose for which land, water or a building
or structure is designed, arranged or intended or for which it is
or may be occupied or maintained.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a roadway, except devices designated
to be moved by human power.
[Added 2-1-1997 by L.L. No. 1-1997]
VEHICLE, COMMERCIAL
Vehicles used primarily in business and industry, including
vans, trucks, tractors, trailers, tractor-trailer combinations and
tractor-semitrailer combinations, buses and taxicabs.
[Added 2-1-1997 by L.L. No. 1-1997]
WILDLIFE PRESERVE
Property that is owned by a nonprofit 501c corporation, whose
primary purpose is to preserve, protect and conserve the land, open
space and natural wildlife habitats for the benefit of present and
future generations ("wildlife organization") and is used solely for
passive conservation and environmental purposes for limited-size groups.
[Added 10-17-2017 by L.L.
No. 2-2017]
YARD
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as may be specifically authorized in
this chapter. In measuring a yard, as hereinafter provided, the line
of a building shall be deemed to mean a line parallel to the nearest
lot line, drawn from a point of a building or the point of a group
of buildings nearest to such lot line, and the measurement shall be
taken at right angles from the line of the building as defined herein
to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard
or, in the absence of either such yard, to the front and rear lot
line, as the case may be.