A.
Unless the natural construction of the word or words
indicates otherwise, all words used in the present tense include the
future, and all words in the singular include the plural.
B.
The word "building" includes the words "structure"
and "pool." The word "building" shall be construed as though followed
by the words "or part thereof," and the word "street" includes "highway"
and "road." The word "Village" means the Incorporated Village of Centre
Island. The word "used" shall be deemed to also include "designed,
intended or arranged to be used." The word "person" includes a firm,
association or corporation as well as an individual, and the word
"lot" includes the word "plot." The word "shall" is mandatory and
not directory.
C.
All terms, phrases and words used herein and not defined
herein shall have the meanings given in the New York State Uniform
Fire Prevention and Building Code.
For the purposes of this chapter, certain words
and terms used herein are defined as follows:
A building which is subordinate and accessory to the principal
use or building on the same lot and which is used for purposes customarily
incidental to those of the principal use or building, such as and
including but not limited to a private garage, private swimming pool,
appurtenant bathhouse, private toolhouse, private children's playhouse,
private outdoor tennis court, private tennis house, storage shed,
toolshed, portable or nonpermanent building, a noncommercial greenhouse
or detached living or sleeping accommodations of bona fide domestic
employees and caretakers regularly employed in the principal building
or on the premises by the occupant of such principal building (including
chauffeurs). Guesthouses or buildings designed and equipped to be
used for habitable purposes by other than said domestic employees,
caretakers and chauffeurs are not "accessory buildings" and are, therefore,
not permitted unless located on a lot eligible in all respects as
a principal building lot. Solely for the purpose of setback regulation,
the term "accessory building" also includes swimming pool heater and
filter units as well as aboveground and underground fuel storage tanks.
"Nonhabitable accessory buildings" shall be divided into
two classifications:
CLASS A NONHABITABLE ACCESSORY BUILDINGOne which by its intended use would create significant noise, including but not limited to swimming pools, wading pools, hot tubs and the like, including sheds that house pool pumps and filter equipment; bathhouses and pool cabanas appurtenant to pools; tennis courts; racketball courts and the like; and children's playhouses.
CLASS B NONHABITABLE ACCESSORY BUILDINGOne which, by its intended use, would not create a significant noise factor. Included but not limited to this classification are storage sheds and toolsheds; noncommercial greenhouses; gazebos and permanent sitting areas; and garages.
A use which is incidental and subordinate to the main use
conducted on a lot.
As applied to a structure, any change or rearrangement of
the structural parts of a structure, which shall include, without
being limited thereby, changes or rearrangements of the interior or
exterior of such structure; extensions on any side or increases in
height or depth of any such structure; and the moving of a building
from one location to another on the same lot or another lot. It does
not include ordinary repairs.
That portion of a building wholly or partly underground which
extends no more than four feet above the adjoining finished grade.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or personal property. The term "building" shall be construed as if
followed by the words "or part thereof."
[Amended 7-9-1997 by L.L. No. 3-1997]
The total area of a lot covered by structures and buildings,
both principal and accessory. The area of buildings is to be measured
by the exterior dimensions of such buildings, excluding cornices,
eaves, gutters or chimneys projecting not more than 18 inches, steps,
bay windows not extending through more than one story and not projecting
more than five feet, and balconies.
[Amended 7-9-1997 by L.L. No. 3-1997]
The line of that face of the building nearest the front lot
line. This face includes sun parlors and porches, whether covered
or uncovered, enclosed or not enclosed, but does not include steps
or fences.
That percentage of the plot or lot area covered by the building
area.
The officially established grade of the curb in front of
the midpoint of the lot.
Someone who does not pay rent and renders services for which
the person is either paid or such services are at least equal to the
fair rental value of the premises occupied.
A detached building designed or used exclusively as living
quarters for one family, as hereafter defined. The term shall not
be deemed to include an automobile court, motel, boarding- or rooming
house, mobile house trailer, tourist home or tent.
A building designed for and occupied exclusively as a home
or residence for not more than one family, as "family" is hereafter
defined.
A building or portion thereof providing complete housekeeping
facilities for one family.
The following shall be deemed a family pursuant
to this definition:
Two or more persons all of whom are related
by blood, adoption or marriage living and cooking together as a single
housekeeping unit, exclusive of bona fide domestic employees.
Two unrelated persons or two unrelated persons
together with one or more related persons living and cooking as a
single housekeeping unit.
A group home consisting of one or more surrogate
parents and a number of foster children living together as a permanent-like
surrogate family and living and cooking together as a single housekeeping
unit, not as an institution and not as a temporary residence for transients
but equivalent to a permanent family structure.
A number of unrelated persons living together
as the functional equivalent of a traditional family.
A barrier (not including an interior minor garden or gardentype
fence intended to prevent escape or intrusion, mark a boundary or
provide privacy. Such barrier is normally made of posts, boards, wire
or stone.
[Amended 1-12-2000 by L.L. No. 4-2000]
The area of all floors inside the exterior walls of a building
including stairwells and other such open areas but not including basement
or garage areas.
[Added 7-9-1997 by L.L. No. 3-1997]
The area inside the exterior walls, including but not limited
to living, sleeping and eating rooms, bathrooms, kitchens, pantries,
stairways, hallways and closets and porches, if enclosed with regular
structural walls and heated, and shall include cellars or attics.
A building used for the housing of one or more motorized
vehicles owned and used by the owner or tenant.
The completed surface of lawns, walks and roads brought to
grades as shown on official plans or designs relating thereto. The
finished grade of any point along the wall of a building shall be
the elevation of the completed surfaces of lawns, walks and roads
adjoining the wall at that point.
The height of a building shall be measured from the average
finished grade elevation at the building to the highest point of the
roof, excluding chimneys, spires, louvers and similar projections
which shall not project eight feet beyond the highest point of the
roof.
[Amended 7-9-1997 by L.L. No. 3-1997; 7-16-1998 by L.L. No.
1-1998]
A parcel or plot of land considered as a unit which, if improved,
must contain one principal building and may contain accessory buildings
as permitted by this chapter.
The total horizontal area included within lot lines, as defined.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
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. However, in case of a lot
no part of which adjoins any street, the front lot line is the boundary
line of such which is designated as such in an application for a permit
to erect or alter a building on such lot or, if not so designated,
the boundary line which is most nearly parallel to the nearest street.
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.
The lot line which is generally opposite the front lot line.
If the rear lot line is less than 10 feet in length or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front lot line not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
The property lines of record bounding a lot.
The property line or lines extending from the front lot line
to the rear lot line.
A lot having frontage on two parallel or approximately parallel
streets and extending from street to street. The front regulations
shall apply on each street.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated but
which use was lawful at the time this chapter or amendments thereto
became effective.
A map adopted by the Village Board showing streets, highways
and parks already laid out, adopted and established by law. Drainage
systems may also be shown on this map.
A structure consisting of a combination of materials which
are not natural to the location of the area to be paved, such as cement,
asphalt, rubberoid material or petroleum material, concrete, steel
or other material typically but not necessarily exclusively used to
surface public and private roads and driveways, including but not
limited to gravel and stone.
[Added 4-14-1993 by L.L. No. 2-1993]
Including a lane or alley, an area of an owner's land over
which other persons or another owner or owners of land, their vehicles,
their animals, their guests, tradesmen and servicemen and their vehicles,
any of the foregoing singly or in a combination thereof, have the
right to pass or repass. It shall not include water, gas, electrical
and telephone line easements for service to the owners of adjacent
lands.
A roof which is horizontal or in which the inclination is
no greater than four inches of rise for every 12 inches of run.
[Added 7-9-1997 by L.L. No. 3-1997]
A roof with a surface or surfaces having an inclination greater
than four inches of rise for every 12 inches of run.
[Added 7-9-1997 by L.L. No. 3-1997]
A "setback" of a building or of a story thereof from the
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, which shall be deemed to be the distance
that such building or story is set back or that it sets back from
such lot line.
Any device or representation for visual communication used
as, or which is in the nature of, an advertisement, announcement or
direction, including any letter, work, model, banner, pennant, insignia
or trade flag but excluding any public traffic or directional signs.
That part of any building between the level of one floor
and the level of the next higher floor or, if there is no higher floor,
then that part of the building between the level of the highest floor
and the top of the roof beam.
A public or private thoroughfare which appears on the Official
Zoning District Map of the Incorporated Village of Centre Island,
County of Nassau, State of New York, dated November 1978.
The dividing line between the lot and the edge of the road
pavement or edge of the road bed except in the case where a lot has
no street frontage but abuts on a right-of-way; then such right-of-way
line shall be deemed the "street line" of the lot.
Any combination of materials forming any construction, the
use of which requires location on the ground or attachment to something
having location on the ground. A tennis court, no matter how constructed,
and terraces shall be deemed structures.
[Amended 7-9-1997 by L.L. No. 3-1997]
A paved yard area, exclusive of driveways, driveway aprons
and walks.
Any area of land which is either less than the required lot
size or has not otherwise been determined to be a preexisting nonconforming
lot or received an area variance.
[Added 4-14-1993 by L.L. No. 2-1993]
The specific purpose for which land, water or a building
or structure is designed, arranged or intended or for which it is
or may be occupied or maintained.
An open space on the same lot with a principal dwelling or
accessory structure, if any.
A yard extending across the full width of the lot and lying
between the front lot line of the lot and the nearest line of the
building.
A yard extending across the full width of the lot and lying
between the rear lot line of the lot and the nearest line of the principal
dwelling.
A yard between the side lot line of the lot and the nearest
line of the principal dwelling and extending from the front lot line
to the rear lot line.
