The purpose of this chapter shall be to regulate
and restrict the height, number of stories and size of buildings and
other structures, the percentage of lot that may be occupied, the
size of yards, courts and other open spaces, the density of population
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes; and to divide the Village into
districts of such number, shape and area as may be deemed best suited
to carry out the purposes of Article 7 of the Village Law; and within
such districts to regulate and restrict the erection, construction,
reconstruction, alteration, repair or use of building structures or
land throughout each district, all in accordance with a Comprehensive
Plan and designed to lessen congestion in the street; to secure safety
from fire, panic and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; and to facilitate
the adequate provision of transportation, water, sewage, schools,
parks and other public requirements; all to be made with reasonable
consideration, among other things, as to the character of the district
and its peculiar suitability for particular uses and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout the Village.
Certain words in this chapter are defined for
the purpose thereof as follows:
A. Words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the word "shall" is always mandatory.
B. As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY BUILDING
A building subordinate to the main building on a lot and
used for purposes customarily incidental to the main building or to
the use of the lot. The term shall also include decks, platforms and
similar structures, whether or not having a roof.
[Amended 2-6-1984 by L.L. No. 1-1984; 5-26-1994 by L.L. No.
1-1994; 9-6-1994 by L.L. No. 4-1994]
BUILDING
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed when used
herein as though followed by the words "or part or parts thereof"
unless the context clearly requires a different meaning.
[Amended 2-3-1964]
COURT
An open, unoccupied space other than a yard on the same lot
with a building. A "court" or offset shallower than the width of its
open side shall be considered to be a part of the yard on which it
abuts.
FAMILY
Any number of individuals related by blood, marriage or adoption
or not more than four individuals who are not so related living and
cooking together as a single nonprofit housekeeping unit. A "family"
shall also be deemed to include employees of such individuals living
and working on the premises.
[Amended 3-2-1970]
FRONTAGE
That boundary of any front yard which is formed by the intersection
of such front yard with any public highway or road.
FRONT YARD
An open, unoccupied space on the same lot with a building
situated between the wall of a building or any porch thereof nearest
a public highway or road and such highway or road extending the full
width of the lot. If such highway or road shall intersect the lot,
the "front yard" shall be deemed to include the portion of the lot
on the side of said highway or road opposite to said building.
HABITABLE FLOOR AREA
Includes all floor areas in any dwelling excepting and excluding
therefrom the floor areas of any garage, outer porch, breezeway or
utility room therein or attached thereto.
[Added 9-29-1951]
HEIGHT OF A BUILDING
The vertical distance measured, from the grade plane to the highest point of the building, exclusive of those features which are excepted from height measurement by §
125-10, except that for the main residence, where the base flood elevation is higher than the grade plane, as defined herein, the base flood elevation shall be the reference point for measuring height, instead of the grade plane.
[Amended 1-7-2008 by L.L. No. 1-2008]
GRADE PLANE
A reference plane representing the average of the ground
adjoining the building at all exterior walls before filling or grading
takes place.
[Added 1-7-2008 by L.L. No. 1-2008]
LOT
A parcel of land occupied or capable of being occupied by
the buildings and the accessory buildings or structures provided for
in this chapter, including such open spaces as are required by this
chapter. Where a lot is bounded on one side by either Long Island
Sound, Northport Bay or Duck Island Harbor, the mean highwater line
shall, for the purposes of this chapter be deemed to be the boundary
line of such lot on that side. Where a lot is intersected by a highway
or road, the land on both sides thereof shall be included in determining
the area of the lot and the area within the lot which may be occupied
by building and accessory buildings.
LOT LEVEL
The average level of the lot before grading.
PREMISES
Includes the land and all structures thereon.
REAR YARD
An open, unoccupied space on the same lot with a building
situated between the wall of the building opposite the front wall
and the rear line of the lot, extending the full width of the lot.
ROAD
Includes a street or highway, together with any public right-of-way
therefor.
[Added 3-7-1966]
SIDE YARD
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 front yard to the rear yard.
SINGLE-FAMILY DWELLING
A building designed for and to be occupied exclusively as
a home or residence for not more than one family.
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground; all components of air conditioning
or heating units, including but not limited to compressors, fans and
heat pumps; and generators. The term "structure" shall include but
not be limited to "building" and "accessory building," as defined
herein.
[Added 5-17-2001 by L.L. No. 2-2001]