Unless otherwise expressly stated, the following
words shall, for the purposes of this chapter, have the meanings herein
indicated:
A building or use subordinate to the main building or use
on a lot and used for purposes customarily and clearly incidental
to those of the main use or building, such as a private garage; private
swimming pool and appurtenant bathhouse; private toolhouse; private
children's playhouse; private tennis court and appurtenant tennis
house; recreation court; terrace, deck or patio; private riding ring;
private paddock, corral or other roofless, fenced enclosure for animals;
private stable; private barn; private kennel; any roofed enclosure
for animals; a noncommercial greenhouse; a freestanding dish-type
communications antenna having a diameter, width, length or height
of over three feet; a building used by an employee of the owner; a
guesthouse; aboveground LPG or oil tank; or a generator. A guesthouse
shall be used solely by the owner or occupant of the premises for
the accommodation of his/her guests or members of his/her family for
a period not to exceed six months in any calendar year, for which
no rental or other charge shall be made or received. In the case of
a guesthouse or a building used by an employee, such accessory building,
together with the principal building, shall be located on a lot of
at least three acres in area.
[Amended 2-20-1979 by L.L. No. 1-1979; 6-17-1985 by L.L. No. 2-1985; 5-15-1995 by L.L. No. 1-1995; 10-21-2002 by L.L. No. 3-2002]
To change or rearrange the structural parts or the exit facilities
of a building or structure, including extension on a side, or increase
in height, or the moving from one location or position to another.
[Added 10-21-2002 by L.L. No. 3-2002]
The space between the ceiling beams of the top story and
the roof rafters.
[Added 10-21-2002 by L.L. No. 3-2002]
A space, partly underground, where the finished first-floor
elevation is five feet or more above the mean level of the finished
grade upon completion of construction.
[Added 10-21-2002 by L.L. No. 3-2002]
A bank or cliff with a height at least 10 feet above mean
high water and a precipitous or rounded face exceeding a one-to-one
slope and adjoining a beach or a body of water. The seaward limit
of a "bluff" is the landward limit of its contiguous beach. Where
no beach is present, the seaward limit is mean low water. The landward
limit is 25 feet landward of the "bluff's" receding edge.
[Added 1-20-1986 by L.L. No. 1-1986]
A vegetated area comprising the outer 40% of the required
setback area for side and rear yards.
[Added 10-21-2002 by L.L. No. 3-2002]
A principal building, accessory building or structure, including
all appurtenances to and parts thereof.
[Added 10-21-2002 by L.L. No. 3-2002]
The computed area of the horizontal cross section of a building
or buildings on a lot, excluding cornices, eaves, gutters or chimneys
projecting not more than 18 inches, steps, driveways and walkways.
[Added 6-28-1989 by L.L. No. 4-1989; amended 10-21-2002 by L.L. No. 3-2002]
For pitched roofs, the vertical distance measured from the
mean level of the finished grade on which the building stands to a
point midway between the highest and lowest points of the roof, provided
that chimneys shall not be included in the building height. To be
considered a pitched roof for the purposes of this definition, said
roof shall have a slope of at least four on 12. For any other type
of roof structure, the building height shall be measured to the uppermost
portion of the roof surface. Elements such as cupolas, turrets and
widow's walks shall be permitted to exceed the highest point of any
roof, as deemed appropriate by the Site and Building Permit Review
Board, and cover no more than 10% of the roof area measured along
its widest horizontal planes.
[Amended 11-21-1994 by L.L. No. 2-1994; 5-15-1995 by L.L. No. 1-1995; 10-21-2002 by L.L. No. 3-2002]
The line established by this chapter beyond which a building
shall not extend (e.g., setbacks, etc.).
[Added 10-21-2002 by L.L. No. 3-2002]
Any use of real property (or any part thereof) in a residential
zone which is not otherwise expressly permitted by this Code, and
which is intended to generate financial gain to a party, whether by
the charging of a fee or for other consideration, or by way of advertisement
of a business or other undertaking intended for a profit, and which
is not customary or incidental to a single-family residence use. The
following criteria is a nonexhaustive list of indicia that if present,
shall give rise to the presumption of a prohibited commercial use:
open to the general public; payment of a gate fee to gain entry to
the premises; sale of tickets to gain entry to the premises; compensation
to the property owner, lessee or property manager for the use of the
premises; use of the premises to sell goods, merchandise or services.
[Added 2-25-2020 by L.L.
No. 2-2020]
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel or silt or other material.
[Added 9-16-1996 by L.L. No. 6-1996]
A structure consisting of one or more planes constructed
of wood, metal or other materials, and located on or above the surface
of the earth on or including a support system of footings or foundations,
piers, pilasters, columns, posts, joists, stringers and beams or any
of them and including any railings or open enclosure thereof and including
any stairs, ramps or other devices connecting one level with another,
with the ground and with any adjoining structure.
[Added 10-21-2002 by L.L. No. 3-2002]
Any domesticated sheep, cattle, fallow deer, red deer, sika
deer, whitetail deer which is raised under license from the Department
of Environmental Conservation, llama, goat, swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit or pheasant or other
bird which is raised in confinement under license from the state Department
of Environmental Conservation before release from captivity. Any other
animal not specifically included in this definition is excluded from
the definition.
[Added 12-21-1992 by L.L. No. 2-1992]
That portion of a lot consisting of at least 20,000 contiguous
square feet upon which the principal building is located, but excludes
setbacks, freshwater wetlands, tidal wetlands, floodplains, steep
slopes, very steep slopes and bluffs unless variances or approvals
as required by the Village or any other governmental agency having
jurisdiction of the property were previously obtained.
[Added 10-21-2002 by L.L. No. 3-2002]
Lands within Floodplain District I.
[Added 10-21-2002 by L.L. No. 3-2002]
Gross floor area divided by gross lot area.
[Added 10-21-2002 by L.L. No. 3-2002]
Lands which are seasonally or permanently submerged or which
contain water-saturated soils and are commonly known as "marshes,"
"swamps," "bogs" and "flats," which host aquatic and semiaquatic vegetation,
whether or not shown on any freshwater wetlands map as defined in
Subdivision 1(a), (b), (c) and (d) of § 24-0107 of Article
24 of the Environmental Conservation Law of the State of New York.
[Amended 4-18-1988 by L.L. No. 2-1988]
The street line of a lot which is not a corner lot or, if
such lot extends through a block, the street line from which the principal
building sets back the lesser distance. In the case of a corner lot,
the "front lot line" is the front street line as designated in an
application for a permit to erect or alter a building on such lot
or, if not so designated, the street line from which the principal
building sets back the greatest distance or, if its setback is equidistant
from two or more street lines, the street line which is nearest to
the main entrance of the principal building.
An open unoccupied space on the same lot with a building,
between the front line of the building and the front lot line of the
lot measured on the shortest distance between the front wall and the
front lot line.
The sum of the horizontal areas of the floors of a building
or buildings, measured from the exterior of the framed walls of such
building or buildings, without exclusion of any interior spaces, and
also including half stories, basements, attached garages, and detached
garages located within 25 feet of the principal structure; except
that for half stories, horizontal areas where the vertical distance
between the floor or floor beams and the ceiling or roof structure
next above is less than 7 1/2 feet, and open porches (unenclosed in
all respects) shall not be included in the computation of gross floor
area.
[Added 6-28-1989 by L.L. No. 4-1989; amended 5-15-1995 by L.L. No. 1-1995; 10-21-2002 by L.L. No. 3-2002]
Space in which people normally live, sleep, eat or cook,
including bathrooms, but excluding storage rooms, garages, hallways,
laundries, closets, cellars, and unfinished attic space.
[Amended 10-21-2002 by L.L. No. 3-2002]
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 open
paving stone, and including elements such as swimming pools, courtyards,
volleyball courts, tennis courts and other sports courts, decks, patios,
terraces and driveways.
[Added 10-21-2002 by L.L. No. 3-2002]
A parcel or plot of land occupied or designed to be occupied
by one principal building and its accessory buildings, if any, including
such yards or open spaces as are arranged or designed to be used in
connection with such buildings, the area of such lot to be measured
to the street line only.
[Amended 5-15-1995 by L.L. No. 1-1995; 10-21-2002 by L.L. No. 3-2002]
The area, measured to the street line only, after deducting
from the area of the lot the area for those portions of such lot which
consist of water, freshwater wetlands, tidal wetlands, floodplains
and reductions for slope lands as follows; provided, however, that
overlapping regulated areas shall, for the purpose of calculating
these deductions, be deemed a single regulated area.
[Added 10-21-2002 by L.L. No. 3-2002]
The average distance between the front and rear lot lines
measured in the general direction of the side lot lines.
[Added 6-28-1989 by L.L. No. 4-1989]
The distance between the side lot lines measured at the principal
building line and measured at right angles to the lot depth.
[Added 6-28-1989 by L.L. No. 4-1989]
A building, structure or use lawfully existing at the time
of enactment of this chapter or any amendment thereto, but not now
in conformity with one or more requirements of this chapter or subsequent
amendments.
[Added 10-21-2002 by L.L. No. 3-2002]
A lot lawfully existing in single and separate ownership
at the effective date of this chapter, or any amendment thereto, which
lot does not now conform to the regulations of this chapter for the
district in which it is situated. However, if such lot is, or comes
to be, in the same ownership as an adjoining lot, and either lot does
not contain a principal building, the two lots shall merge and become
one lot for building purposes.
[Added 10-21-2002 by L.L. No. 3-2002]
Terrace.
[Added 10-21-2002 by L.L. No. 3-2002[1]]
A facility for the provision of personal wireless services
as defined in Title 47 of the United States Code, including any building,
antenna or other structure which is part of the facility.
[Added 12-21-1998 by L.L. No. 5-1998]
That portion of a lot consisting of at least 20,000 contiguous
square feet upon which construction of the principal building is intended,
but which area excludes setbacks, freshwater wetlands, tidal wetlands,
floodplains, steep slopes, very steep slopes and bluffs.
[Added 10-21-2002 by L.L. No. 3-2002]
A building designed to be used as the main dwelling or building
on a lot, including all attached garages, and detached garages located
within 25 feet of the main dwelling or building.
[Amended 5-15-1995 by L.L. No. 1-1995; 10-21-2002 by L.L. No. 3-2002]
A building used for the housing of one or more motor vehicles
or conveyances owned and used by the owner or occupant of the lot
on which it is erected for a purpose accessory to the use of the lot.
A building used for the housing of one or more horses owned
and used by the owner or occupant of the lot on which it is erected
for a purpose accessory to the use of the lot, such horses not to
be let for commercial livery.
An open unoccupied space on the same lot with a building,
between the rear line of the building and the rear line of the lot
measured on the shortest distance between the rear wall and the rear
line.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
[Added 9-16-1996 by L.L. No. 6-1996]
The reservoir space allotted to the accumulation of submerged
sediment during the life of the structure.
[Added 9-16-1996 by L.L. No. 6-1996]
A setback of a building or of a story thereof from a particular
lot line is the horizontal distance from such lot line to the part
of the building or of the story, respectively, which is nearest to
such lot line, and includes, but is not limited to, air-conditioning
units, generators or LPG tanks, chimneys, stoops, steps, bay windows,
cellar entry foundation walls (but excluding, at grade, cellar window/light
wells less than 40 square feet in area, out-to-out dimension). Roof
projections (eaves) may extend a maximum of 18 inches into a required
setback.
[Amended 10-21-2002 by L.L. No. 3-2002]
An open unoccupied space on the same lot with a building,
situated between the building and the side line of the lot and extending
through from the street or from the front yard to the rear yard or
to the rear line of the lot measured on the shortest distance between
the side wall and the side line. Any lot line not a rear line or a
front line shall be deemed a side line.
Includes the word "billboard" and shall mean any advertising
structure, sign, picture, word or device for the advertisement thereon
or thereby of any commodity, service or thing or for the furtherance
of any political purpose.
A building designed for and occupied exclusively as a home
or residence for not more than one family. A "family" means one or
more persons related by blood, adoption or marriage, living and cooking
together as a single housekeeping unit, exclusive of household servants.
A number of persons, but not exceeding two, living and cooking together
as a single housekeeping unit, though not related by blood, adoption
or marriage, shall be deemed to constitute a "family."
[Amended 6-17-1974]
Any use of real property (or any part thereof) in a residential
zone which may reasonably be expected to garner 150 or more persons
in attendance over the course of a twenty-four-hour period.
[Added 2-25-2020 by L.L.
No. 2-2020]
An area of land with a gradient of or greater than 15%, but
less than 25%, over a horizontal length of at least 25 feet and extending
for a horizontal width of at least 25 feet.
[Added 1-20-1986 by L.L. No. 1-1986]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the surface of the floor
and the top of the ceiling beams next above it. A basement shall be
counted as a story.
[Added 6-28-1989 by L.L. No. 4-1989; amended 10-21-2002 by L.L. No. 3-2002]
An uppermost story with at least two opposite exterior sides
meeting a sloping roof not more than two feet above the surface of
the floor of such story.
[Added 6-28-1989 by L.L. No. 4-1989]
A way which is an existing state, county or Village highway
or a private road which appears on the Official Map of the Village
or upon a subdivision plat approved by the Village Planning Board
and which, in all cases, affords the legal and principal means of
access to abutting property.
[Amended 6-20-1977 by L.L. No. 2-1977]
Any combination of materials constructed or erected, the
use of which requires location on the ground or attachment to something
having location on the ground.
An uncovered flat platform of earth with a surface material.
A terrace which has a roof and which is attached to a building shall
be considered a porch.
[Added 10-21-2002 by L.L. No. 3-2002]
[Added 4-18-1988 by L.L. No. 2-1988]
Coastal lands located in bays, sounds and deltas which are
controlled by the ebbs of tide, including areas where soil is saturated
with saline water and water level uses up to six feet during the growing
season. Vegetation known to these areas includes:
A vehicle which is or can be mounted on wheels, moveable
either by its own power or by being drawn by another vehicle and equipped
to be used for living or sleeping quarters or so as to permit cooking.
The term trailer shall include such vehicles if mounted on temporary
or permanent foundations.
[Added 10-21-2002 by L.L. No. 3-2002]
An area of land with a gradient of or greater than 25% over
a horizontal length of at least 25 feet and extending for a horizontal
width of at least 25 feet.
[Added 1-20-1986 by L.L. No. 1-1986]
The Village of Lloyd Harbor.
The Village Law of the State of New York, as amended from
time to time.
Any receptacle for water or an artificial pool of water having
a depth at any point of more than two feet and a plane surface of
greater than 100 square feet, intended for the purpose of immersion
or partial immersion therein of human beings together with all appurtenances,
including, but not limited to pool filter, diving board, pool house,
patios, terraces and other similar features used in connection with
the pool.
[Amended 5-15-1995 by L.L. No. 1-1995]
[1]
Editor's Note: This local law also repealed
the former definition of "pool."
A.
Words used in the singular number include the plural
and vice versa, and the word "building" includes the words "structure,"
"pools," "docks," "piers" and "jetties." The word "building" shall
be construed as though followed by the words "or part thereof and
its appurtenant structures," and the word "street" includes "highway,"
"road" and "lane."
[Amended 10-21-2002 by L.L. No. 3-2002]
B.
The word "shall" in this chapter is always mandatory.
