A.Â
Scope of meaning of certain terms. Unless the context
clearly indicates the contrary, words used in the present tense include
the future; the singular number includes the plural; and the plural,
the singular.
B.Â
For the purpose of this chapter, certain terms and
words are defined as follows:
(1)Â
The word "shall" is mandatory and not directory; the
word "may" is permissive.
(2)Â
The word "use" and the word "used" refer to any purpose
for which a lot or land or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use
and to any purpose for which a building or structure or part thereof
is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
C.Â
Slopelands. Regulated slopelands shall consist of a moderate slope,
steep slope, very steep slope, and extremely steep slopes, measured
from the original grade in two-foot intervals, perpendicular to the
contours, covering an area of 750 square feet or greater with a minimum
horizontal width, parallel to the contour, of at least 25 feet, defined
as follows:
[Added 11-5-2020 by L.L.
No. 2-2020]
(1)Â
Moderate slope: all areas of land with a topographical gradient equal
to or greater than 10%, but less than 15%.
(2)Â
Steep slope: all areas of land with a topographical gradient equal
to or greater than 15%, but less than 25%.
(3)Â
Very steep slope: All areas of land with a topographical gradient
equal to or greater than 25%, but less than 35%.
(4)Â
Extremely steep slope: All areas of land with a topographical gradient
equal to or greater than 35%.
As used in this chapter, the following terms
shall have the meanings indicated:
The relinquishment of property, or a cessation of the use
of property, by the owner, occupant or lessee for a period of 12 or
more consecutive months.
A way or means of approach to provide vehicular or pedestrian
physical entrance to a property. (See also "driveway.")
An apartment unit that has been added onto, or created within,
and contains less square footage of living area than the original
dwelling and is a single-family detached dwelling.
A building detached from and subordinate to the principal
building on a lot and used for purposes customarily incidental to
those of the principal building. (See Illustration No. 1. See also
"accessory structure" and "accessory use.")
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use. A patio as defined in this chapter shall not be considered
as an accessory structure but shall adhere to the setback requirements
for accessory structures as per Table 2.[2] (See also "accessory building," "accessory use" and Illustration
No. 1.)
A use of land or of a building or structure or portion thereof
customarily incidental and subordinate to the principal use of the
land, building or structure and located on the same lot as the principal
use but shall not include use of a dwelling as a boardinghouse, rooming
house, lodging house, club, fraternity, sorority, hotel, or dormitory
except that in the case of a private recreational club, a building
or structure or portion thereof customarily incidental and subordinate
to the principal use may be used for the purpose of providing housing
for employees of a private recreational club upon the issuance of
and proof of compliance with all the terms and conditions of a special
permit permitting such accessory use.
[3]
[Amended 3-21-2007 by L.L. No. 3-2007]
An extension or increase in floor area or height to an existing
building or structure.
The production, keeping, or maintenance, for sale, lease,
or personal use, of plants and animals useful to man, including but
not limited to forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds; vegetables; nursery, floral, ornamental, and
greenhouse products; or lands devoted to a soil conservation or forestry
management program, on at least two acres, excluding acreage for a
dwelling.
A service roadway providing a secondary means of access to
abutting property and not intended for general circulation.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, berms, girders,
or interior partitions, as well as any change in doors, windows, or
means of ingress or egress, or any enlargement to or diminution of
a building or structure, whether horizontally or vertically, or the
moving of a building or structure from one location to another. Normal
repairs and maintenance shall not be considered as alterations.
See "zoning amendment" or "Zoning Map amendment."
Antennas used by homeowners to receive radio or television
communications.
See "accessory apartment."
A person submitting an application for development. (See
also "developer.")
The application form and all accompanying documents and exhibits
required of an applicant by an approving agency for development review
purposes.
A plan that has been granted final approval by the appropriate
approving agency.
The board or other legally designated individual or agency
that has been charged with the final review and approval of plans
and/or applications.
A fully dimensioned drawing of the front, rear or side of
a building showing features such as windows, doors and relationship
of grade to floor level.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
A plan drawn by a professional engineer or registered architect
to scale showing the exact layout and dimensions of an existing completed
structure or building.
That part of a building which is immediately below, and wholly
or partly within, the roof framing. (See Illustration No. 2.)
A self propelled, free-moving vehicle with four wheels, usually
used to transport not more than seven passengers, and licensed by
an appropriate agency as a passenger vehicle. "Automobile" shall include
minivans but exclude trucks over two tons in weight.
An establishment selling automobiles, new and/or used.
A business establishment authorized to perform financial
transactions such as receiving and lending money, but not including
check cashing stores or pawnshops.
A space having more than five feet height above the average
level of the adjoining ground.
[Amended 12-14-2020 by L.L. No. 5-2020]
A private room intended or used for sleeping separated from
other rooms by a door or other physical barrier.
A mound of earth used to shield, screen and buffer undesirable
views or to direct the flow of surface water runoff.
A sign that directs attention to a business, commodity, service
or entertainment conducted, offered or sold at a location other than
the premises on which the sign is located.
An individual other than a member of a family or household
occupying a dwelling unit or part thereof who is furnished sleeping
accommodations for a fee and may be furnished with meals and/or other
services as part of the consideration.
A dwelling or part thereof in which lodging is provided by
the owner or operator to a boarder.
The Board of Trustees of the Village of Roslyn Harbor.
A fully enclosed building used for the storage of boats.
The border or outer physical limit of a lot or property.
An open space or landscaped area consisting of trees, shrubs,
berms, walls, solid fencing or a combination of all, so installed
as to provide both a visual and an acoustical barrier between one
use or property and another use or property. (See Illustration No.
1.)
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods, or materials of any kind. Structures
divided by unpierced masonry division walls extending from the ground
to the roof shall be deemed to be separate buildings.
See "accessory building."
The horizontal area measured within the outside of the exterior
walls on or above the ground floor of all principal and accessory
buildings on a lot expressed as a proportion or percentage of the
lot area upon which they are situated. (See Illustration Nos. 3 and
10.)
See "height of a building."
The Building Inspector of the Village of Roslyn Harbor.
Written permission or authorization issued by the Building
Inspector for the construction, repair, alteration or addition to
a structure or building.
See "principal building."
A line parallel to the street line or lot line touching that
part of the building closest to that street line or lot line. (See
Illustration No. 3.)
A roofed structure providing space for the parking of motor
vehicles and enclosed on three sides or less.
A space with less than five feet height above the average
finished grade of the adjoining ground. (See Illustration No. 2.)
[Amended 12-14-2020 by L.L. No. 5-2020]
A certificate issued by the Building Inspector upon completion
of the construction of a new building, or upon a change in the use
of a building or use of a lot or land, which certifies that all requirements
of this chapter, the Village Code, or such adjustments thereof which
have been granted by the approving agency, and all other applicable
requirements, have been complied with.
Any use which is different in use classification, as provided
for in Table 1 of this chapter,[4] from the previous use.
See "place of worship."
The Clerk of the Village of Roslyn Harbor.
A commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained or sold, all for
a fee or compensation.
A vehicle designed or used for commercial purposes on the
public highway, such as for the transportation of goods, wares and
merchandise, and automobiles carrying passengers for hire.
A plan or sketch for development provided for the purposes
of informal review which carries no legal obligations or vested rights
on the applicant, the approving agency or any other party.
See "informal review" or "concept review."
An application or plan which meets all of the requirements
of this chapter and other applicable requirements of the Code of the
Village of Roslyn Harbor.
A parcel of land at the junction of and fronting on two or
more intersecting streets, which meet or intersect so as to form an
interior angle of at least 135°. On a corner lot, the owner shall
designate one of the street frontages as the front of the lot; the
other frontage shall be the side of the lot. (See also "interior lot"
and "through lot" and Illustration No. 4.)
See "building coverage."
See "profile or cross section."
A street with a single common ingress and egress and with
a turnaround at the end. No cul-de-sac street shall be more than 1,000
feet in length or provide access to more than six residential units.
(See also "dead-end street" and Illustration No. 5.)
Establishments that document the social and religious structures
and intellectual and artistic manifestations that characterize a society,
and include museums, art galleries, and botanical and zoological gardens
of natural, historic, educational or cultural interest.
A stone, concrete, asphalt or other improved boundary marking
the edge of a roadway or paved area.
The opening along the curbline or edge of pavement at which
point vehicles may enter or leave the roadway. (See Illustration No.
6.)
Calendar days.
A street with a single common ingress or egress with no turnaround
at the end. (See also "cul-de-sac street" and Illustration No. 5.)
An uncovered structure, usually constructed of wood or concrete,
extending from the exterior wall of a residential dwelling, no more
than three feet above the finished ground elevation of the wall from
which it extends. Any such structure which is more than three feet
above the finished elevation shall be considered part of the principal
structure for purposes of setback. (See also "patio" and "porch" and
Illustration No. 7.) Decks which provide gaps between the slats to
allow precipitation to percolate into the soil below shall not be
counted towards the impervious coverage on the lot.
A restriction on the use of land as set forth in the deed.
See "lot depth."
A building physically detached from other buildings or portions
of buildings which is occupied or intended to be occupied for residential
purposes by one family and which has its own sleeping, sanitary and
cooking facilities.
A facility for the temporary storage of stormwater runoff.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land. (See also "applicant.")
The construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, or an apportionment or the division of land into two
or more parcels, for which permission shall be required pursuant to
this chapter.
Any land, structure or building or lot in which any of the
dimensions do not conform to the minimum or maximum dimensional requirements
of this chapter.
Any requirement or regulation of this chapter specifying
a minimum or maximum distance, height, area, volume, ratio or other
quantitative measurement such as lot area, lot width, front, rear
or side yard, building coverage, height in stories or feet, floor
area ratio, buffer width or height, or paved or open space area or
width.
See "zone or district."
See "pier or dock."
The removal of surface water or groundwater from land or
stormwater from roofs or paved areas by drains, grading, or other
means which include runoff controls to minimize erosion and sedimentation
during and after construction or development.
A vehicular way on private property which provides access
to a street or highway. (See also "access" and Illustration No. 8.)
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, burning or any other means, and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
See "dwelling unit."
See "single-family detached dwelling."
A building, or entirely self-contained portion thereof, containing
its own sleeping, sanitary and cooking facilities occupied or intended
to be occupied for residential purposes by one family.
A vertical distance above or below a fixed reference.
See "architectural elevation."
See "grade elevation."
An increase in the size of an existing structure, building
or use, including the physical size of a property, structure, building,
parking or other improvements.
An economic unit, generally at a single physical location,
where business is conducted or services are performed.
A plant with foliage that remains green year-round.
The vertical location above some elevation point of the ground
surface prior to excavating or filling.
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
Any number of individuals related by blood,
marriage, or legal adoption or guardianship, along with nonpaying
guests and servants, living together and sharing meals in a domestic
relationship as a single housekeeping unit, or a group of persons
occupying a dwelling unit and living together and sharing meals in
a domestic relationship as a traditional family or the functional
and factual equivalent of a traditional family.
It shall be presumptive evidence that four or
more persons living in a single dwelling unit who are not related
by blood, marriage or legal adoption do not constitute the functional
and factual equivalent of a traditional family.
In determining whether individuals who are living
together are the functional and factual equivalent of a traditional
family, the following criteria must be present:
The group is one which in theory, size, appearance,
structure and function resembles a traditional family unit.
The group shares the entire dwelling unit and
lives and cooks together as a bona fide single housekeeping unit.
A unit in which the various occupants act as separate roomers shall
not be deemed to be occupied by the functional and factual 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
of 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 the purposes of voter registration, driver's license, motor vehicle
registration and taxes.
Members of the household are employed in the
area.
The group has been living together as a unit
for a year or more whether in the current dwelling unit or other dwelling
units.
Common ownership of furniture and appliances
among the members of the household.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether
or not the group is the functional and factual equivalent of a family.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
An establishment in which financial transactions are conducted,
or wherein professional advice on financial, insurance or tax matters
is given, including banks, savings and loans, finance companies, insurance
and brokerage uses, and tax prepares, but not including drive-through
banks, pawnshops and check cashing stores.
See "lot, flag or flagpole lot."
That portion of the floodplain as designated by the Federal
Insurance Administration or the Federal Emergency Management Agency
as constituting particular hazards or risks applicable to the community
by reason of flooding.
See "gross floor area."
The quotient of the gross floor area of a building divided
by its lot area. (See Illustration No. 10.)
A dwelling maintained exclusively for members of a fraternity
or sorority enrolled in an academic college, university or other educational
institution.
That side of a lot abutting a street.
The lot line separating a lot from a street right-of-way.
(See also "street line or right-of-way" and Illustration No. 3.)
When erected on a plot abutting on two or more streets, the
front of a structure is that abutting side which is so designated
on the plot plan by the owner.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line. (See Illustration Nos.
11 and 12.)
See "private garage."
The average ground elevation of the land around the exterior
walls of a building or structure. (See Illustration No. 13.)
The percent of rise or descent of a sloping surface; or,
where measuring the height of a building, "grade" is defined as the
average ground elevation of the land around the exterior walls of
a building or structure. (See also "elevation, grade" and Illustration
No. 13.)
A structure utilized for seed germination and plant propagation
through the maintenance of a controlled climate necessary to sustain
plant growth otherwise not possible in natural or out-of-door surroundings.
The sum of the gross horizontal areas of the several floors
in each story of a building measured from the exterior face of the
exterior walls of a building and its accessory buildings, without
any exclusion of any floors being measured whatsoever (i.e., including
garages, enclosed porches, closets, bathrooms, stairwells, clerestories,
and partitions), and any basement space that is finished, excluding
cellar spaces. Open porches equal to or less than 10% of the total
floor area shall not be included in floor area. Horizontal areas of
open porches greater than 10% of the total floor area shall be included
in the floor area. For half stories, horizontal areas where the vertical
distance between the floor joists and the ceiling of the roof structure
above is less than 7Â 1/2 feet or which half story contains no
habitable space shall be excluded. Further, for horizontal floor areas
where the floor to ceiling height is 14 feet or greater, twice the
horizontal areas shall be included on the floor area.
[Amended 12-14-2020 by L.L. No. 5-2020; 12-8-2021 by L.L. No. 2-2022]
See "building coverage."
See "performance guarantee."
A building, detached and accessory to a residential dwelling,
which is utilized for temporary overnight stays by nonpaying guests
of the residents of the principal use.
An uppermost story in which the floor area, having a clear
height of at least 7Â 1/2 feet, is 1/3 or less of the floor area
of the story next beneath it. (See also "story" and Illustration No.
14.)
The vertical distance measured from original existing grade
to the level of the highest point of the roof. "Original existing
grade" is defined to be the average ground elevation of land around
the exterior walls of the building or structure prior to construction.
For building lots, where the building site has a grade change in excess
of 10 feet in elevation, the applicant may petition the Planning Board
in site review to determine the original existing grade for measurement
of building height, taking into consideration the site topography
and conditions, aesthetics and the impact on the neighboring dwellings,
properties and the community at large. If the roof pitch is 5 over
12 or less, it shall be classified as a flat roof for purpose of measuring
building height. (See Illustration Nos. 15 and 16.)
[Amended 3-19-2008 by L.L. No. 1-2008; 4-18-2012 by L.L. No.
1-2012; 4-13-2015 by L.L. No. 1-2015]
An occupation conducted within and which is accessory to a dwelling unit consisting of the office working quarters of a recognized profession and meeting the requirements of § 275-38 of this chapter.
See "dwelling unit."
A family living together in a single dwelling unit, with
common access thereto and common use of all living and eating areas
and all areas and facilities for the preparation and serving of food
within the dwelling unit.
Any permanent structure that becomes part of, placed upon,
or is affixed to real estate.
See "off-site improvement."
A review process undertaken by an approving agency at the
option of the applicant as provided for in this chapter, for the purposes
of assisting an applicant to prepare an application for formal submission
and to provide direction and feedback on such application, at which
no decisions, resolutions or formal actions are taken, and wherein
all comments or communications carry no legal obligation or vested
rights, nor are binding on any party.
See "accessory apartment."
A lot other than a corner lot. (See also "corner lot" and
"through lot" and Illustration No. 17.)
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collecting, dismantling,
storage and salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
See "commercial kennel."
Areas containing trees, shrubs and ground covers, pedestrian
and recreation areas, ponds, streams or any other areas or features
which can be reasonably included, but shall not include areas occupied
by buildings or structures, paving for parking, loading or access
thereto, required buffers or areas utilized for outside storage. (See
Illustration No. 8.)
Lawns, trees, plants and other natural materials, such as
rock and wood chips, and decorative features, including sculpture,
patterned walks, fountains and pools.
See "boarding, lodging or rooming house."
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. (See also "parcel" and "tract" and Illustration
No. 18.)
An area of land which is determined by the limits of the
lot lines bounding the area expressed in terms of square feet. Any
portion of a lot permanently underwater in Hempstead Harbor or included
in a public street right-of-way shall not be included in calculating
lot area. However, where an area within a private street was previously
included within a lot for the purposes of calculating the minimum
lot area, such area shall continue to be included in the calculation
of lot area and for the purposes of calculating yard setbacks and
shall not render such lot as nonconforming.
See "corner lot."
The proportion of a lot expressed as a percentage of the
total lot area covered by impervious surfaces. Impervious surfaces
shall include all buildings and structures, as well as all areas on
the ground or elevated above the ground, which are comprised of materials,
such as but not limited to asphalt, concrete, masonry, wood, gravel,
stone or partially opened paving stones (regardless of material used),
which create or generate runoff. Swimming pools, courtyards, sports
courts, driveways, decks, masonry or brick terraces, patios and walkways
(having a width in excess of four feet) shall be considered as impervious
and included in lot coverage.
[Amended 4-23-2019 by L.L. No. 5-2019]
The proportion of the front yard of a lot expressed as a
percentage of the front yard lot area that is covered by impervious
surfaces.
[Added 4-23-2019 by L.L.
No. 5-2019]
The average measured distance of a line drawn from the street
line to the rear lot line at right angles to the front property line.
Where the front property line is an arc of a circle or irregular in
shape, the depth shall be the average distance between the front and
rear lines. (See Illustration No. 17.)
A lot which does not meet the minimum lot width requirements
and where access from the lot to the public road is by means of a
narrow private right-of-way or driveway. (See Illustration No. 18.)
See "frontage, lot."
See "interior lot."
The boundary line of a parcel of land as shown on a certified
filed map or tax map or as defined by a field map. A lot line shall
not be considered unless legally subdivided or apportioned. (See Illustration
No. 3.)
See "front lot line."
See "rear lot line."
See "side lot line."
See "side-front lot line."
An interior lot which fronts upon two parallel streets or
which fronts upon two streets which do not intersect at the boundaries
of the lot. (See Illustration No. 17.)
The distance between side lot lines measured along the front
lot line, or in the case where side lines are parallel and not perpendicular
to the front line or where side lines are parallel and the front line
is irregular or the arc of a circle, the width shall be the perpendicular
distance between the side lines measured at the minimum required front
yard setback. In the case where side lines converge toward or away
from the front line, the width shall be measured along a line parallel
to the front lot line drawn at a distance equal to the required minimum
setback. The minimum required width of a lot at the front lot line
shall in no case be less than 50% of the required lot width, but no
less than 25 feet in any case. (See Illustration Nos. 17 and 19.)
A security (bond or letter of credit or cash) acceptable
to the Village of Roslyn Harbor to assure that necessary improvements
installed or completed by a developer will function as required for
a period of at least one year, unless otherwise specified.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as lubricating oils, plastics, resins, or liquors.
The office of recognized medical practitioners, including
but not limited to doctors, dentists, dental surgeons, veterinarians,
chiropractors, podiatrists, psychologists, and licensed therapists.
A building containing two or more dwelling units, occupied
or intended to be occupied by two or more families, each living independently
of each other and with their own sleeping, sanitary and cooking facilities.
A building containing two or more such families where separation of
the units is provided by means of a wall, floor, door or other type
of screen or partition, or with a separate outside entrance, or basement
access, shall be considered a multiple-family dwelling.
Any use of land, building or structure by the Village of
Roslyn Harbor or an agency thereof, including a public parking garage
or lot. (See also "government use.")
The Roslyn News.
The lawful use of a lot, parcel, structure or building existing
prior to the time of the enactment of this chapter.
A room or group of rooms used for conducting the offices
of a business, profession, service, industry or government, and generally
furnished with desks, tables, files, and communication equipment,
including offices of general business, executive, legal, accounting,
architect, planning, engineer, real estate, contractor and employment
agencies.
See "medical office."
Improvements to be made off site as a result of an application
for development and including but not limited to road widening and
upgrading, stormwater facilities, and traffic improvements.
Parking provided for a specific use but located on a site
other than the one on which the specific use is located.
Parking for a motor vehicle not located within a street right-of-way.
(See Illustration No. 6.)
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners, occupants
and their guests of land adjoining or adjacent to such open space.
(See Illustration No. 8.)
Land and structures used for recreational purposes, including
a golf course or golf club or country club, a swimming club, tennis
and racquetball club, a golf driving range, or an outdoor skating
rink.
The keeping or storing of any goods, junk, material, merchandise
or vehicles outdoors in the same place overnight.
Owner of real property.
Any accessory structure capable of receiving and/or transmitting,
for sole benefit of the principal use, radio or television signals
from a transmitter or transmitter relay located in planetary orbit
and including but not limited to satellite receivers, satellite dish
antennas, satellite discs, satellite earth stations, direct broadcast
systems (DBSs), and television reception only systems (TVROs).
A contiguous lot or tract of land owned and recorded as the
property of the same persons or controlled by a single entity, including
members of an immediate family. (See also "lot" and "tract.")
A space conforming to applicable standards of this chapter
for the parking of a motor vehicle within a private garage or open
air parking area. (See Illustration No. 6.)
A tract of land designated and used by the public for active
and passive recreation.
A level, paved area adjacent to a principal building at grade
and not covered by a permanent roof. Patios shall conform to the yard
setbacks for accessory structures as per Table 2.[5] (See also "deck" and "porch" and Illustration No. 7.)
A security that is acceptable to the Village of Roslyn Harbor
to assure that improvements that are required as part of an approved
development will be satisfactorily installed or completed.
A use of a building or land that conforms to the provisions
of this chapter.
An establishment engaged primarily in providing services
involving the care of a person or his or her personal goods or apparel,
including but not limited to linen supply, diaper service, beauty
and barber shops, dressmaker, milliner, tailor shops, watch repair,
clothing and shoe repair, laundromats, dropoff laundry and dry cleaners
(not including dry-cleaning establishments or plants), nail salons
and tanning salons.
A petition to the Board of Trustees duly signed and acknowledged
requesting an amendment, supplement, change or repeal of the regulations
prescribed for a zoning district or part thereof of this chapter.
A structure typically supported by columns extending from
land into the water to provide berthing for boats.
A church, synagogue, temple, mosque, or other building or
group of buildings which by design and construction are intended for
the conducting of organized religious services and accessory uses
associated therewith.
The Planning Board of the Village of Roslyn Harbor, New York.
A map filed in the office of the Nassau County Clerk, Division
of Land Records.
See "park or playground."
See "lot."
A roofed open area which may be screened but not enclosed
by glazing, usually attached to or part of and with direct access
to and from a building. Porches are part of a principal structure
for purposes of setback. (See also "deck" and "patio" and Illustration
No. 7.)
A building in which is conducted the principal use of the
lot on which it is located. (See Illustration No. 1.)
The primary or predominant use of any lot, parcel, structure
or building.
A structure that is accessory to a residential use which
is used for the parking of vehicles and which is not used by the general
public. A private garage may not occupy more than 800 square feet
or 50% of the area of a minimum required rear yard, whichever is less.
[Amended 11-9-2009 by L.L. No. 2-2009]
A building and/or related facilities owned or operated by
a corporation, association, or group of individuals established for
the recreational use and enjoyment of its members and not primarily
for profit, and whose members pay dues and meet certain prescribed
qualifications for membership.
A street that has not been accepted by the Village of Roslyn
Harbor or other governmental entity but which is shown on the Zoning
Map of the Village of Roslyn Harbor.
See "swimming pool."
[Amended 6-9-2016 by L.L.
No. 4-2016]
A drawing or side or sectional elevation showing the vertical
elements of a structure from below ground through the top of the structure.
An extension of a building which protrudes or juts out from
the vertical plane of the building.
A lot, parcel or tract of land together with the building
and structures located thereon. (See also "lot," "parcel" and "tract.")
Any agency that, under public franchise or ownership, or
under certificate of convenience and necessity, or by grant of authority
by a governmental agency, provides the public with electricity, gas,
heat, steam, communication, transportation, water, sewage collection
or other similar services.
An open air parking area or parking structure owned and/or
operated by the Village of Roslyn Harbor. For the purposes of this
chapter a public parking garage or lot shall be considered a municipal
use.
Any street, including all portions of the right-of-way which
have been dedicated or deeded to the public for public use, which
may or may not be improved in accordance with Village standards, and
which is shown on the Zoning Map of the Village of Roslyn Harbor.
The word "street" shall include the word "road," "highway," "avenue"
or similar designations.
A dwelling located on the same lot and to the rear of the
principal building for which the lot is used.
The lot line opposite and most distant from the front lot
line. (See Illustration No. 3.)
A space extending the full width of the lot between the principal
building and the rear lot line and measured perpendicular to the principal
building at the closest point to the rear lot line. (See Illustration
Nos. 11 and 12.)
[Amended 3-21-2007 by L.L. No. 1-2007]
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven and designed primarily as a temporary
living accommodation for recreation, camping and travel use, including
but not limited to travel trailers, truck campers, camping trailers
and self-propelled motor homes.
That line that is the required minimum distance from any
lot line and that establishes the area in which a building must be
erected or placed. (See Illustration No. 20.)
The open space between the lot line and the required setback
line within which no structure shall be located except as provided
in this chapter. (See Illustration No. 20.)
A home, abode or place where an individual or household is
actually living at a specific point in time.
See "sign, residential."
An establishment engaged in selling of goods and merchandise
to the general public for personal or household use, including automobile
parts and supplies (with no service), clothing and shoes, fabrics,
curtains, drapes, floor coverings, furniture, lamps, appliances, radios,
television sets, computers, electronics, upholstery, china and glassware,
luggage and leather goods, antiques, home wares, paint and wallpaper,
arts and crafts, candles, records, tapes, videos, musical instruments,
pets, books and stationery, flowers, tobacco, drugs, sporting goods,
jewelry, sewing machines, photography equipment, keys, cards, gifts,
and toys, and including television, appliance, computer and electronics
sales and repair establishments, department stores, variety stores,
hardware stores (with products for sale predominantly to the public),
interior decorating stores, hobby shops and art galleries.
An easement for ingress and egress, sometimes together with
the right to maintain utilities within the easement area. (See also
"easement" and Illustration No. 9.)
See "street line or right-of-way line."
See "boarding, lodging or rooming house."
See "junkyard or salvage yard."
An open excavation used for obtaining sand or gravel for
building purposes.
Any building and land, or part thereof, which is designed,
constructed or used for education or instruction, which is licensed
by the state and meets the state requirements for elementary, middle
or high school education.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation. (See also "buffer.")
An unenclosed, unroofed open area used primarily for the
parking of vehicles open to tenants, employees, customers and/or visitors
to the principal use to which it is accessory.
The distance between a building and any lot line. When two
or more lots under one ownership are used for a single development,
the exterior lot lines so grouped shall be used in determining the
setback. (See also "required setback line" and Illustration No. 3.)
A tree with a minimum caliper of 3Â 1/2 inches, usually
deciduous, planted primarily for overhead canopy.
A small, fully enclosed structure for storage. (See also
"accessory structure.")
Any lot line other than a front or rear lot line. (See Illustration
No. 3.)
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
(See Illustration No. 3.)
Any outdoor illuminated or nonilluminated device, fixture,
placard or structure that uses any color, form, graphic, illumination,
symbol or writing to advertise, announce the purpose of or identify
the purpose of a person or entity or to communicate information or
concepts of any kind to the public.
See "billboard."
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered upon the premises,
provided that, at any location where a business sign is permitted,
there shall also be permitted a sign containing noncommercial images
or messages in lieu of any other images or messages, regardless of
whether such noncommercial images or messages relate to activity conducted
upon the premises.
Any sign located in a district zoned for residential uses
that contains no commercial message except advertising for goods or
services legally offered on the premises where the sign is located,
if offering such service at such location conforms to all requirements
of this chapter.
See "detached single-family dwelling."
See "parking space."
The authorization of a particular land use as specified herein,
subject to such additional requirements to assure the proposed use
is in harmony with this chapter and will not adversely affect the
neighborhood if such requirements are met.
A structure constructed on the ground consisting of a permanent
playing area of whatever consistency used to engage in the game of
tennis or other sports. A backstop, consisting of netting, fencing
or similar material and designed to prevent the passage of balls or
other playing objects shall be considered to be part of the sports
court.
[Amended 1-8-2019 by L.L.
No. 1-2019]
An establishment engaged in the storage of goods, products
or materials primarily for commercial purposes.
See "outdoor storage."
A space in a building between the top surface of any floor
and the upper surface of the floor next above or, if there is no floor
next above, then the space between such floor and the roof above.
If the finished floor level directly above the basement is more than
7Â 1/2 feet above the grade, such basement shall be considered
a story. (See also "half story" and Illustration No. 14.)
See "half story."
Any vehicular and/or pedestrian right-of-way shown on the
Zoning Map of the Village of Roslyn Harbor. (See Illustration No.
6.)
See "cul-de-sac street."
See "dead-end street."
The dividing line between the street and a lot. (See also
"lot line, front" and Illustration Nos. 3 and 6.)
See "private street."
See "public street."
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water, which includes but is not limited to buildings,
platforms, towers, sheds, trailers, storage bins, fences, tennis courts,
swimming pools and signs. (See also "building.")
See "accessory structure."
See "nonconforming structure."
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designated to contain, or is capable of containing water more than
24 inches (610 mm) deep at any point. This includes in-ground, above-ground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools. A swimming pool is permitted if located as an accessory
use on the same lot as the principal use it serves, and to be utilized
only by the owner or tenants or his or their nonpaying guests.
[Amended 6-9-2016 by L.L.
No. 4-2016]
A structure that is intended to support or which contains
an antenna and/or other equipment to receive or transmit cellular,
radio, television, microwave or other forms of wireless communication,
but excluding those used either for fire, police, and other dispatch
communications or exclusively for private radio and television reception
and private citizens' band, amateur radio and other similar private
residential communications.
A structure no more than 100 square feet in size which is
entirely removed and/or demolished within six months of obtaining
a temporary structure permit from the Building Inspector.
See "telecommunications tower."
An area, parcel, site, piece of land or property that is
the subject of a development application. (See also "lot" and "parcel.")
A structure which temporarily or permanently stands on wheels
and is capable of being towed or hauled by another vehicle and used
for temporary or long-term human occupation.
A detached residential building containing two dwelling units
occupied or intended to be occupied by two families each living independently
of each other and with their own sleeping, sanitary and cooking facilities.
See "dwelling unit."
The specific purpose for which land, building or structure
is designed or arranged for which it is or may be occupied or maintained.
See "accessory use."
See "nonconforming use."
See "permitted use."
See "preexisting use."
See "principal use."
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations in accordance with the Village
Law of the State of New York.
See "public or private utility."
Any substation owned or operated by a public or private utility
for the generation, transmission and/or distribution of electricity,
gas, heat, steam, telephone and water and the collection and treatment
of sewage and solid waste.
See "area variance."
See "use variance."
The Village of Roslyn Harbor.
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
cases of retaining walls or bulkheads.
An establishment used primarily for the storage of goods,
products, cargo and materials.
An establishment or place of business engaged in the storage
and sale of merchandise for or to retailers, to industrial, commercial,
institutional or professional business uses or to other wholesalers
or acting as brokers and buying or selling merchandise to such individuals
or companies.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter is unoccupied and unobstructed from the ground
upward except as may be specifically provided in this chapter.
The shortest distance between a lot line and a building.
(See Illustration No. 11.)
See "front yard."
See "rear yard."
See "required yard."
See "side yard."
A specifically delineated area as shown on the Zoning Map
of the Village of Roslyn Harbor within which uniform regulations and
requirements govern the use, placement, spacing and size of land and
buildings.
An alteration of or addition to the text of this chapter
or Zoning Map by the Village of Roslyn Harbor Board of Trustees.
The Zoning Board of Appeals of the Village of Roslyn Harbor.
The map or maps which are part of this chapter as set forth in § 275-6 of this chapter.
[1]
Note: Illustrations, which are provided for
illustrative purposes only, are provided in the Appendix at the end
of this chapter.
[2]
Editor's Note: Table 2 is included at the end of this chapter.
[3]
Editor's Note: See also "accessory building"
and "accessory structure."
[4]
Editor's Note: Table 1 is included at the end of this chapter.
[5]
Editor's Note: Table 2 is included at the end of this chapter.
