A.
For the purposes of this chapter, certain terms and words are hereby defined. Words used in the present tense include the future, words in the singular include the plural and words in the plural include the singular; the word "shall" is mandatory; the word "lot" includes the word "plot."
[Amended 5-6-1996 by L.L. No. 6-1996]
B. ACCESSORY BUILDING ACCESSORY USE ALTERATION ATTIC AVERAGE MEAN GRADE BASEMENT BUILDING BUILDING AREA BUILDING INSPECTOR BUILDING LINE ELEVATION POINT BUILDING WALL ELEVATION CELLAR COURT, INNER COURT, OUTER CURBLINE DETERMINING ELEVATION POINTS (1) (2) DORMER DRIVEWAY DRIVEWAY, CIRCULAR OR SEMICIRCULAR DWELLING, SINGLE-FAMILY EAVES(1) (2) EXCESS FLOOR AREA FAMILY FLOOR AREA(1) (2) (a) (b) (c) (d) (e) [1] [2] [3] [4] (f) [1] [2] [3] (3) (4) (5) (a) (b) (c) FURNITURE STORE GAME COURT GARAGE, PRIVATE GARAGE, PUBLIC GRADE HEIGHT(1) (2) (3) (4) (5) (6) (7) HEIGHT/SETBACK RATIO IMPERVIOUS MATERIAL LIVABLE AREA LOT LOT AREA LOT, CORNER LOT, INTERIOR LOT LINE, FRONT LOT, THROUGH MAXIMUM ALLOWABLE FLOOR AREA MULTISTORY BUILDING MUNICIPAL USE NONCONFORMING USE ONE-STORY BUILDING PARKED VEHICLE PARKING SPACE PATIO PLOT PORCH PROPERTY LINE ELEVATION PROPERTY LINE ELEVATION POINT RESIDENTIAL PARKING AREA ROOF PLATE SCREENING SIGN SIGN AREA SIGN, FACIAL SKY EXPOSURE PLANE/HEIGHT SETBACK STORY STREET STREET LINE STRUCTURAL ALTERATIONS STRUCTURE TENNIS COURTS UNENCLOSED VERTEX ELEVATION POINT WEIGHTED AVERAGE HEIGHT OF THE EAVES YARD YARD, FRONT YARD, REAR YARD, SECONDARY FRONT YARD, SIDE ZONING BOARD
As used in this chapter, the following terms shall have the meanings indicated:
A subordinate building, the use of which is clearly incidental to or customarily found in connection with the main building or principal use, and which is located on the same lot as such main building or principal use.
A use which is clearly incidental to or customarily found in connection with and subordinate to the principal use of the premises, and which is conducted on the same lot.[1]
As applied to a building or structure, any change or rearrangement of the outside structural parts, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location or position to another within the building or structure. It does not include ordinary repairs to buildings.
The space in between the ceiling beams of the top habitable story and the rafters, which space is typically not used for human occupancy. It is acknowledged that not all buildings have attics.
[Added 11-7-2005 by L.L. No. 9-2005]
When calculating the height of a building or other structure, the average mean grade shall be determined by selecting not less than eight points around the building (Additional measurements shall be taken if and as directed by the Building Inspector.) and shall include points at the outermost corners of the structure. For all new construction and reconstruction, including the construction of exterior additions, a height certification shall be required from a licensed land surveyor upon the completion of the rough framing.
[Added 11-7-2005 by L.L. No. 9-2005]
A story partly below grade, which either:
[Amended 5-3-2004 by L.L. No. 6-2004]
Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
The total of areas measured in a horizontal plane around the exterior foundation line at the main grade level of the principal building, including porches, and all accessory buildings.
The official designated by the Village Trustees to administer and enforce the provisions of this chapter.
The average of the two principal corners of any building wall for which the sky exposure plane/height setback is being calculated.
[Added 8-12-2013 by L.L. No. 4-2013]
When calculating the height/setback ratio, the average elevation of the two determining elevation points at the grade of the foundation wall for that plane.
[Added 5-1-2000 by L.L. No. 7-2000]
[Amended 5-3-2004 by L.L. No. 6-2004]
An open space of land on the same lot with a dwelling, not extending to or abutting either the street or the rear yard and created by a circular or semicircular driveway.
[Added 9-12-1983 by L.L. No. 4-1983]
An open space on the same lot with the dwelling, extending to or abutting either the street or the rear yard and created by a circular or semicircular driveway.
[Added 9-12-1983 by L.L. No. 4-1983]
That portion along the width of a street where a concrete, asphalt or cobblestone construction abuts a paved portion of a street or, in the absence of such construction, that point along the width of a street where the paved portion ends.
[Added 9-12-1983 by L.L. No. 4-1983]
When calculating the height/setback ratio:
[Added 5-1-2000 by L.L. No. 7-2000]
The determining elevation points for the building wall elevation shall be the two principal corners of the building wall in closest proximity to the property line from which the plane is being calculated.
The determining elevation points for the property line elevation shall be the two closest points on the property line from which the plane is being calculated from the two principal corners of the building wall in closest proximity to that property line.
A gable (shed gable or reverse gable), whether or not containing a window, set vertically or within 10° of verticality, projecting outward from a sloping roof of a second floor.
[Added 11-7-2005 by L.L. No. 9-2005; amended 1-10-2006 by L.L. No. 1-2006]
A path leading from the street to a private garage or parking area with one means of entrance and exit to and from the street and paved with a hard, dustless surface, including gravel and bluestone, and maintained in such condition as to eliminate dust, dirt and mud. Unless specifically stated to the contrary, the term "driveway" shall be deemed to include a circular or semicircular driveway.
[Added 9-12-1983 by L.L. No. 4-1983]
A path leading from the street to a private garage or parking area containing one separate inner or outer court which is created thereby and paved with a hard, dustless surface including gravel and bluestone and maintained in such condition as to eliminate dust, dirt and mud.
[Added 9-12-1983 by L.L. No. 4-1983; amended 11-1-1999 by L.L. No. 2-1999]
A building designed for use or occupied exclusively as a home or residence by one family.
On any roof where the roof projects down to or past the uppermost ceiling joist, the point where the lower edge of that roof meets the uppermost ceiling joist.
On any roof where there are no ceiling joists, as in a cathedral ceiling, the highest point where the roof rafter meets the vertical exterior wall.
[Added 11-7-2005 by L.L. No. 9-2005]
An amount to be added to the calculation of the floor area of any building containing any room or rooms with a height that exceeds 14 feet; an amount equal to 10% of the floor area of each such room multiplied by the amount of feet, including any portion of a foot, by which the room height exceeds 14 feet, shall constitute excess floor area. For example, if a room contains 100 square feet, and the height of the room is uniformly 16.5 feet, then such room shall contribute 25 square feet of excess floor area to the building of which it is part, because 10% multiplied by 100 square feet (10 square feet) multiplied by 2.5 feet (the amount by which actual height exceeds 14 feet), equals 25. The portion of the floor area of such room occupied by a chimney shall be excluded for purposes of determining excess floor area.
[Added 5-1-2000 by L.L. No. 7-2000; amended 11-7-2005 by L.L. No. 9-2005; 1-10-2006 by L.L. No. 1-2006; 11-6-2006 by L.L. No. 11-2006; 8-12-2013 by L.L. No. 4-2013]
Any number of persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants, or any number of persons, though not related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants, so long as the persons, as a group, bear the generic character of a family unit as a relatively permanent household and are not a framework for transients or transient living.
[Amended 11-1-1999 by L.L. No. 2-1999]
[Amended 5-6-1996 by L.L. No. 6-1996; 5-3-2004 by L.L. No. 6-2004; 9-7-2005 by L.L. No. 8-2005; 11-7-2005 by L.L. No. 9-2005]
Commercial buildings or buildings containing mixed uses: the sum of the gross horizontal areas of the several floors of the building measured from the exterior face of studs or masonry of outer walls or partitions or from the center line of walls separating two buildings, but not including attic space providing headroom of less than seven feet or cellar space used entirely for utility installations or for storage.
Residential buildings: the sum of the gross horizontal areas of all floors of the principal dwelling and of all accessory buildings, including garages, regardless of the headroom, whether attached or detached, as measured to the outside surfaces of exterior walls, with the following modifications:
Including only that portion of chimneys in excess of eight square feet, measured at the base.
Including only 85% of the gross horizontal areas of all unenclosed roofed porches and unenclosed roofed balconies, with ceiling heights of seven feet or more. In the event that the ceiling height of an unenclosed roofed porch or unenclosed roofed balcony is less than seven feet, only a proportion of said 85% of the gross horizontal area shall be included; such proportion shall be the same as the actual height of the unenclosed roofed porch or unenclosed roofed balcony is to seven feet. For example, if an unenclosed roofed porch or unenclosed roofed balcony has a height of six feet, only 72.86% [6/7 x 85%] of the gross horizontal area would be included as floor area.
In the event that the ceiling height of any room is less than seven feet, only a proportion of the gross horizontal area shall be included; such proportion shall be the same as the actual height of such room is to seven feet. For example, if a room has a height of six feet, only 85.71% (6/7 x 100%) of the gross horizontal area would be included as floor area.
[Amended 4-3-2006 by L.L. No. 2-2006]
A room without a flat ceiling (such as a cathedral ceiling), directly below the roof, shall be treated in two parts: the lower part, being the vertical distance from the floor of the room to the eaves, and the upper part, being the vertical distance from the eaves to 2/3 of the distance up the roof rafters.
Notwithstanding anything hereinbefore to the contrary, attics, basements, and the upper part of rooms without flat ceilings shall be treated as follows: In the event that the ceiling height (including, but not limited to, the area under a dormer):
[Amended 1-10-2006 by L.L. No. 1-2006; 4-3-2006 by L.L. No. 2-2006; 8-7-2006 by L.L. No. 4-2006]
Is less than six feet, none of the gross horizontal area would be included as floor area.
Is six feet or more, but less than seven feet, only a proportion of the gross horizontal area shall be included; such proportion shall be the same as the actual height of the attic, basement, or upper part of a room is to seven feet. For example, if an attic has a height of six feet, only 85.71% (6/7 x 100%) of the gross horizontal area directly under that portion of the attic with a ceiling height of six feet or more would be included as floor area.
Is seven feet or more, 100% of the gross horizontal area would be included as floor area.
Is more than 10 feet, the provisions for excess floor area shall apply.
Notwithstanding anything herein to the contrary, the following horizontal areas shall be excluded from the definition of "floor area" applicable under this Subsection (2) with respect to residential buildings:
[Added 8-12-2013 by L.L. No. 4-2013]
The first 200 square feet of any unenclosed roofed porch having a width not greater than five feet;
Fifty percent of the second 200 square feet of any unenclosed roofed porch having a width not greater than five feet; and
Fifteen percent of the portion of the square footage of any unenclosed roofed porch with a width not more than five feet, in excess of 400 square feet; provided, however, that the entire square footage of any unenclosed roofed porch in a front or side yard that exceeds five feet in width shall be included in the calculation of floor area; and provided, further, that the entire square footage of any unenclosed roofed porch, the square footage of which exceeds 20% of the entire floor area of the home, shall be included in the calculation of floor area.
When a story at some locations meets the definition of "basement" and at other locations meets the definition of "cellar," the Building Inspector shall make a determination allocating in a reasonable manner, in his discretion, that area of the story to be deemed a basement and therefore included within the definition of "floor area" and that area of the story to be deemed a cellar and therefore not included within the definition of "floor area."
When a story at some locations meets the definition of “basement” and at other locations meets the definition of “cellar,” the Building Inspector shall make a determination allocating in a reasonable manner, in his discretion, that area of the story to be deemed “basement” and therefore included within the definition of “floor area” and that area of the story to be deemed “cellar” and therefore not included within the definition of “floor area.”
Notwithstanding anything hereinbefore to the contrary, the following horizontal areas shall not be included within the definition of "floor area" when the use of such area is as an accessory to a detached single-family dwelling:
[Added 2-1-2010 by L.L. No. 1-2010]
The first 400 square feet of a garage, whether attached or detached. If a part of a garage is deemed a cellar, which, as a cellar, would not otherwise be included as floor area, such 400 square feet shall be an offset against such part of the garage that is not deemed a cellar and that would otherwise be included as floor area, if any.
The first 100 square feet of a breezeway.
The first 150 square feet of a covered front yard porch.
A store that sells large movable articles for a room or an establishment that make it fit for living or working, such as beds, bookcases, buffets, bureaus, cabinets, chairs, chests, couches, cupboards, davenports, desks, dressers, sideboards, sofas, stools, and tables, but not including such items as pictures, paintings, lamps, bric-a-brac, computers, and electrical and gas appliances, such as stoves, refrigerators, washers, dryers, and air conditioners. A furniture store may sell other merchandise such as pictures, paintings, lamps, and bric-a-brac (but not including computers and electrical and gas appliances), as an accessory use, so long as such other merchandise does not take up more than 1% of the floor area of the store.
[Added 8-7-2006 by L.L. No. 5-2006]
Any outdoor surface in excess of 100 square feet, including formed ice, other than grass or other landscaping, which is designed or used for the playing of basketball, hockey, or any other game or games. This definition shall not include tennis courts, swimming pools, or driveways.
[Added 7-1-2003 by L.L. No. 3-2002; amended 9-7-2005 by L.L. No. 8-2005]
An accessory building or part of a building designed or used for the storage of motor vehicles owned and used by the occupants of a building to which it is accessory. A private garage, as accessory to a single-family dwelling, that is not attached to the dwelling, is only attached by a breezeway, and/or does not have a common wall of at least 10 feet with a room of the dwelling, which such room is fully enclosed and heated as part of the dwelling and comprises in excess of 120 square feet, shall be deemed a “detached garage.”
[Amended 1-8-1990 by L.L. No. 1-1990; 7-14-2008 by L.L. No. 4-2008]
A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting or storing motor vehicles.
The elevation from which the height of a building or structure is measured. For the purpose of this chapter, the grade shall be the average elevation of the curb, or roadway crown if there be no curb on the street which forms the principal frontage of the lot, opposite the lot corner or any intermediate point on the lot line. In the case of a residential lot, where the elevation of the natural grade of the lot increases as the distance from the street line increases, the grade shall be the mean elevation of a line running parallel to the street line, 10 feet from the front elevation of the existing or proposed building.[2]
[Amended 5-6-1996 by L.L. No. 6-1996; 11-7-2005 by L.L. No. 9-2005]
Building: the vertical distance from the average mean grade to the highest point of the roof. Except as otherwise provided in this chapter, no appurtenant structures or mechanical devices other than stairwells or elevator housings shall project more than two feet above the roof of the building.
Structure other than a building: the vertical distance from the average mean grade to the highest point of the structure
Room, excluding an attic, with a flat ceiling, directly below the roof: the vertical distance from the floor of the room to the ceiling height directly above that portion of the floor or to the eaves height, whichever is greater. If there are multiple eaves abutting a room, the measurement shall be to the weighted average height of the eaves.
[Amended 1-10-2006 by L.L. No. 1-2006]
In the case of an attic that exists above a flat-ceilinged room, the height shall be measured from either the eaves or the floor of the attic, whichever is higher, to 2/3 of the distance up the roof rafters. That height shall be applicable to the gross floor area of the attic, notwithstanding the fact that portions of the attic may in fact have a lesser height.
[Amended 1-10-2006 by L.L. No. 1-2006]
The lower part of a room without a flat ceiling (such as a cathedral ceiling), directly below the roof: the vertical distance from the floor of the room to the eaves. If there are multiple eaves abutting a room, the measurement shall be to the weighted average height of the eaves. That height shall be applicable to the gross floor area of the lower part of the room, notwithstanding the fact that portions of the lower part of the room may in fact have a lesser height.
[Amended 1-10-2006 by L.L. No. 1-2006]
The upper part of a room without a flat ceiling (such as a cathedral ceiling), directly below the roof: the vertical distance from the eaves (if there are multiple eaves abutting a room, the measurement shall be to the weighted average height of the eaves) to 2/3 of the distance up the roof rafters. That height shall be applicable to the gross floor area of the upper part of the room, notwithstanding the fact that portions of the upper part of the room may in fact have a lesser height.
[Amended 1-10-2006 by L.L. No. 1-2006]
Room in a multistory dwelling other than directly below the roof: the vertical distance from the floor of the room to the ceiling height directly above that portion of the floor.
A ratio which produces an angled plane from the property line determining one of the criteria for the maximum height for the principal structure on a residential lot.
[Added 5-1-2000 by L.L. No. 7-2000]
Includes but is not limited to all driveways and walkways, whether paved or gravel, pavement, brick, slate, stone and pavers, and all other nonliving lawn or plant materials.
[Added 11-19-1996 by L.L. No. 9-1996]
The square-foot area of spaces above the foundations, including vestibules, halls, stairwells, closets, utility rooms, interior chimneys and fireplaces, partitions, and unfinished rooms, the sides of which shall be not less than 5 1/2 feet in height, the clear headroom of which, for a minimum horizontal measurement of six feet, shall be not less than 7 1/2 feet and the area of which shall be not more than 10 times the window area of the space. Livable area does not include garages, unfinished attics, open or screened porches, attached terraces, balconies, projecting fireplaces or chimneys. Measurements of livable area are made from the exterior face of studs or masonry of outer walls or partitions of the structure.
A parcel of land under one ownership, which may include one or more platted lots, occupied or intended for occupancy by a use permitted in this chapter, including not more than one main building together with its accessory buildings, the yard areas and parking spaces required by this chapter, and having its principal frontage upon a public street or other way which provides safe and adequate access.
The total horizontal area within the exterior lines of the lot to be used for a building and its accessories. Required lot area in any district shall not include any part of a street right-of-way.
A lot having frontage on two or more streets, with each yard fronting upon a street to be deemed a front yard; a corner lot having frontage on two streets that meet at approximately right angles shall be referred to as a "traditional corner lot," and shall be deemed to have two front yards and two side yards.
[Added 8-12-2013 by L.L. No. 4-2013]
A lot whose side line or lines do not abut upon any street.
The distance along which the front boundary of the lot and the street line are coincident.
[Amended 1-9-1984 by L.L. No. 1-1984; 11-1-1999 by L.L. No. 2-1999]
An interior lot (not a corner lot) having frontage on two streets. A through lot shall have one front yard, one rear yard and two side yards.
[Added 4-11-2016 by L.L. No. 2-2016]
The total of all of the floor area and all of the excess floor area of all of the buildings on a lot.
[Added 5-1-2000 by L.L. No. 7-2000]
A building that has more than one floor that is not a basement or a cellar, and any building that would be considered a one-story building but for the fact that the height of such story exceeds 15 feet.
[Added 1-10-2006 by L.L. No. 1-2006]
A use or facility operated for the benefit of the public by the Village, or by a public district within the Village, which derives all or part of its revenues from local property assessment.
Any building, structure or use of land lawfully existing at the time of enactment of this chapter, or any amendment thereto, which does not conform to the zoning regulation of the district in which it is located by reason of the enactment of this chapter or the subsequent amendment of this chapter, or because of alteration in street alignment. Any building or structure which was legal and which conformed to all of the Village's zoning requirements at the time of the adoption of Local Law No. 2 of 1996, and which such building or structure was then rendered nonconforming by the adoption of said Local Law No. 2 of 1996, may be altered so long as all of such future alterations are in conformity with all of the zoning laws which are in effect at the time that such future alterations are constructed and all of such future alterations, in total, do not affect more than 50% of the floor area of the structure as it existed on the date that said Local Law No. 2 of 1996 was adopted.
[Added 5-6-1996 by L.L. No. 6-1996]
A building that has no more than one floor that is not a basement or a cellar and the height of such story does not exceed 15 feet.
[Added 1-10-2006 by L.L. No. 1-2006]
Any vehicle left unattended without regard to time or location.
[Added 9-12-1983 by L.L. No. 4-1983]
A surfaced area not less than nine feet wide by 18 feet long, enclosed in a building or unenclosed, designed for the temporary storage of one automobile and connected with a street by an all-weather-surfaced driveway which affords satisfactory ingress and egress.
Any patio, deck, terrace, or other impervious area, whether at, below, or above grade, greater than 25 square feet, excluding walkways 36 inches or less in width. Patios do not include driveways in front yards.
[Added 11-12-2003 by L.L. No. 9-2003]
A lot or a combination of lots constituting a parcel of land considered as a single unit with a single ownership and united by both a common ownership and use.
Includes all of the following, some of which are overlapping by definition but included for clarity: a structure, whether or not roofed, attached to or immediately adjacent to the exterior of a building for walking or seating; a roofed entrance to a building; a deck; a portico; a colonnade; a veranda; a roofed walk; and all of the area under an overhang from a building if that overhang extends more than 24 inches in a horizontal direction from the closest vertical wall of the building.
[Added 11-7-2005 by L.L. No. 9-2005]
When calculating the height/setback ratio, the average elevation of the two determining elevation points on the property line for that plane.
[Added 5-1-2000 by L.L. No. 7-2000]
The average of the two points on a property line that are closest to the two principal corners of a building wall for which the sky exposure plane/height setback is being calculated.
[Added 8-12-2013 by L.L. No. 4-2013]
An open off-street area on a residential lot containing parking spaces for noncommercial motor vehicles that is immediately adjacent to the driveway that provides access to the garage on the same premises. No residential parking area shall be created to park more than two vehicles nor shall its maximum dimensions exceed 324 square feet. No driveway, other than the driveway to the garage, shall be permitted for access to a residential parking area.
[Added 9-12-1983 by L.L. No. 4-1983; amended 12-1-2008 by L.L. No. 10-2008]
On a peaked roof, all of the plane on one side of the peak. On all other roofs, such as flat and domed roofs, the entire roof shall be deemed one roof plate. A building may have more than one roof, and each portion shall be treated based upon it being peaked or not peaked, such as flat or domed.
[Added 11-7-2005 by L.L. No. 9-2005]
A strip of land in which a sufficient quantity of shrubs and/or trees are planted to form a dense year-round growth, to a minimum height of five feet above grade, designed to protect adjoining properties. In a C-1 Business District, such screening may be a solid wall or barrier of wood, concrete, brick or other material, or a combination of such material and/or plantings. Whenever screening is required by virtue of any provision of this chapter, or of any other law or ordinance of the Village, or of any decision, resolution or other determination of the Village Building Inspector, the Village Board of Review, the Village Planning Board, the Village Zoning Board of Appeals or any other board or commission of the Village, such screening requirement shall be deemed to require both the original planting and installation of such screening as set forth in said requirement, as well as the permanent maintenance and replacement, of such screening, as may become necessary, to assure that at all times the screening meets such requirement, for so long as the use, the building or other structure remains which was the basis for the initial screening requirement.
[Amended 9-12-1983 by L.L. No. 5-1983; 5-6-1996 by L.L. No. 6-1996]
Any structure or part thereof, or any device or group of letters attached to, painted on or represented on a building, fence or other structure, upon which is displayed or included any letter, symbol, trademark, model, banner, flag, pennant, insignia, decoration, device or representation used as, or which is in the nature of, an announcement, direction, advertisement or other attention-directing device. A "sign" shall include a similar structure or device painted or located within a building within three feet of a window. A "sign" includes any billboard, but does not include the flag or pennant or insignia of any nation or association of nations, or of any state, city or other political unit, or of any charitable, educational, philanthropic, civic or religious organization, nor signs erected and maintained pursuant to and in discharge of any governmental function.
[Amended 5-6-1996 by L.L. No. 6-1996]
That area within a line including the outer extremities of all letters, figures, characters and delineations or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon or a building or part thereof, shall not be included in the sign area.
A sign affixed to the wall of a building, the display surface of which does not extend more than 12 inches beyond such wall at any point of measurement.
A sky exposure plane, one of the criteria used in determining building height limitations under this chapter, is a theoretical inclined plane through which the height of a building may not penetrate. A sky exposure plane is the inclined plane that begins at a vertex elevation point (at, above or below the relevant property line, as applicable under the definition for "vertex elevation point" contained elsewhere in this § 200-3) and extends and elevates therefrom at a right angle toward the interior of the lot. Illustrations of sky exposure plane are annexed to this § 200-3 as Illustration 200-3 - Sky Plane, and by this reference is incorporated into and made a part of this definition.[3]
[Added 8-12-2013 by L.L. No. 4-2013]
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
[Added 1-10-2006 by L.L. No. 1-2006]
Any thoroughfare which affords the principal means of access to abutting properties, whether designated as a street, avenue, road, highway, crescent, lane, terrace, way, place or otherwise, and whether public or private. The word includes all of the paved and unpaved portions of such thoroughfares, including but not limited to the unpaved portions of such thoroughfares that commonly run along the sides of the paved portions.
[Added 9-12-1983 by L.L. No. 4-1983; amended 11-5-2007 by L.L. No. 6-2007]
The dividing line between a lot, tract or parcel of land and a contiguous street. For purposes of this chapter, a street line and a right-of-way line are the same.
[Added 9-12-1983 by L.L. No. 4-1983]
Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.
Any construction or combination of materials or any production or piece of work artificially built up or composed of parts joined together in some definite manner, including but not limited to play structures (but excluding basketball hoops, basketball nets and basketball backboards, whether mounted on a building or on poles, so long as the height of the top of the backboard does not exceed 16 feet, and there is not more than one backboard on the premises); platforms; pools; tennis courts (including the back stops, surfaced area and net posts thereof); radio towers, parabolic or hemispheric discs or dishes or other similar convex or concave antennas (the purpose of which is to receive television, radio and/or microwave or other similar signals from satellites or ground stations which transmit satellite signals, but excluding conventional television and radio aerials); sheds; fences; walls; and display signs.
[Amended 1-9-1984 by L.L. No. 1-1984; 1-7-1985 by L.L. No. 1-1985; 5-6-1996 by L.L. No. 6-1996]
The entire surface, irrespective of whether paved or unpaved, of any marked court area where the game of tennis, paddle tennis or platform tennis is played, including the central net, the backposts and net posts thereof, and any adjacent fencing, walls, screening or other surface or structure which limits the movement of tennis balls.
[Added 1-9-1984 by L.L. No. 1-1984]
With regard to any porch or balcony, means that not more than 20% of the porch or balcony is enclosed, whether permanently or temporarily, by any walls, windows, screening, or other material. “Enclosed” shall include, but not be limited to, those areas that can be temporarily enclosed when there are mechanical provisions in place, such as hooks and tracks, for such enclosure.
[Added 11-7-2005 by L.L. No. 9-2005]
An elevation point located at a lot line, above a lot line or below a lot line, determined by the average of the relevant "building line elevation point," as elsewhere defined in this § 200-3, and the relevant "property line elevation point," as elsewhere defined in this § 200-3.
[Added 8-12-2013 by L.L. No. 4-2013]
The result of the following division: The numerator shall be the sum of the height of each eave abutting the room, multiplied by the length that such eave abuts the room, and the denominator shall be the sum of the lengths that all such eaves abut the room. For example, if the room was abutted by three eaves, one with a height of seven feet for a distance of 15 feet, one with a height of eight feet for a distance of five feet, and one with a height of six feet for a distance of five feet, the average height of the eaves would be [(7 feet x 15 feet) + (8 feet x 5 feet) + (6 feet x 5 feet)] ÷ [15 feet + 5 feet + 5 feet] = 7 feet.
[Added 1-10-2006 by L.L. No. 1-2006]
An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
A yard extending the full width of the lot and lying between all abutting streets, public or private, and the line or lines of the main building in closest proximity to such street lines. Notwithstanding the foregoing, for a traditional corner lot having street frontage on two sides that meet at an angle, the yard with the narrower street frontage shall be the principal front yard, and the other yard with street frontage shall be the secondary front yard. Notwithstanding the foregoing, the front yard of any through lot that has frontage on Searingtown Road shall be that yard that fronts on any other street, and the front yard of any other through lot shall be that yard that is closest to the curb cut for such lot.
[Amended 12-1-1986 by L.L. No. 3-1986; 4-17-1996 by L.L. No. 1-1996; 4-11-2016 by L.L. No. 2-2016]
A yard extending the full width of the lot opposite (approximately parallel to) the principal front yard between the main building and the rear lot line, unless said yard would otherwise be a secondary front yard.
[Amended 4-17-1996 by L.L. No. 1-1996]
All front yards that are not principal front yards.
[Added 4-17-1996 by L.L. No. 1-1996]
All yards between the main building and the lot lines that are not front yards or rear yards.
[Amended 4-17-1996 by L.L. No. 1-1996]
The Zoning Board of Appeals of the Village of Roslyn Estates as established pursuant to the Village Law.
[1]
Editor's Note: The former definition of "allowable grade difference," added 5-1-2000 by L.L. No. 7-2000, which immediately followed, was repealed 10-1-2003 by L.L. No. 7-2003.
[2]
Editor's Note: The former definition of "grade variance, added 5-1-2000 by L.L. No. 7-2000, which immediately followed, was repealed 10-1-2003 by L.L. No. 7-2003.
[3]
Editor's Note: Said illustration is included as an attachment to this chapter.