Terms defined. As used in this chapter, unless the context or subject
matter otherwise requires, the following words shall have the following
meanings:
ACCESSORY BUILDING
A building subordinate and incidental to the main building
on the same lot and used for purposes customarily incidental to those
of the main building.
ADMINISTRATIVE OFFICIAL
The Building Inspector for the Village of Roslyn or such
other person designated by the Board of Trustees to enforce the provisions
of this chapter.
ADULT USE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides, videotapes, computer software and sexual paraphernalia or
a personal service or entertainment establishment, any of which such
establishments is customarily not open to the public generally but
excludes any minor by reason of age.
ALTERATION
To change or rearrange the walls, roof, ceiling, floors,
supporting beams, columns, or other structural parts of a building
or structure, the interior plan or layout of a building or structure,
the exterior architectural features of a building or structure, or
the exit facilities of a building or structure, or the moving of a
building or structure from one location to another.
APARTMENT HOUSE
A residence building accommodating three or more families,
living independently of each other, and having kitchen and sanitation
facilities in each dwelling unit.
APPROVED
The term "approved" as applied to any material, device, or
mode of construction means written approval by the Building Inspector,
which approval will be given only after satisfactory evidence of impartial
tests is submitted to the Building Inspector.
ARTISAN MANUFACTURING
The shared or individual use of hand tools, mechanical tools
and electronic tools, and which may include instruction in the use
of those tools, for the manufacture of finished products or parts
including design, processing, fabrication, assembly, treatment, and
packaging of products; as well as the incidental storage, sales and
distribution of such products. Typical artisan manufacturing uses
include, but are not limited to, electronic goods; printmaking; leather
products; jewelry and clothing/apparel; metal work; wood work; furniture;
glass or ceramic production; paper manufacturing. Artisan manufacturing
uses shall include a retail sales component that is publicly accessible.
[Added 9-19-2023 by L.L. No. 1-2023]
BASEMENT
A story partly underground but having at least half of its
floor-to-ceiling height above the average level of the adjoining ground.
A basement shall be counted as a story for the purpose of height measurement
of a building if any exterior wall(s) facing a public street has a
height of five feet or more above the existing or proposed grade,
whichever is lower.
[Amended 9-18-2007 by L.L. No. 3-2007]
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls, and a roof affording shelter
to persons, animals, or property.
BUILDING AREA
Building area shall be determined by measuring around the
exterior of the foundation walls or foundation structure of a building
and shall include the floor area of porches, patios, decks, balconies
and terraces.
[Amended 7-22-2003 by L.L. No. 1-2003]
BUILDING COVERAGE
The percentage of lot area covered by the total of building
area taken on a horizontal plane at the main grade level of the principal
building and all accessory buildings, exclusive of private residential
garages, uncovered porches, terraces and steps.
BUILDING HEIGHT
The vertical distance measured from the level of the finished
adjoining ground or grade to the highest point of the roof deck in
the case of flat roofs and to the mean level between the eaves and
the highest point of the roof in the case of other than flat roofs.
Each side of the building shall meet this requirement separately.
The following projections shall be permitted above the flat roof deck
level in R-C, C-V, C-N, C-H, O-I and R-MF Districts only:
(1)
Parapets not exceeding two feet in height.
(2)
Chimneys not exceeding four feet in height.
BUILDING INSPECTOR
The person charged with the inspection, approval and issuance
of permits for the construction, alteration, or demolition of buildings
or other structures in the Village (irrespective of the official title
being used to designate such office). Also known as "Superintendent
of Buildings."
CELLAR
The part of a building which is partly or wholly underground
but having less than half of its floor-to-ceiling height above the
average level of the adjoining ground. A cellar shall not be counted
as a story for purposes of height measurement of a building.
COURT, INNER
An open, unoccupied space, other than a yard, on the same
lot with a building or buildings not extending to either the street
or the rear yard.
COURT, OUTER
An open, unoccupied space, other than a yard, on the same
lot with a building or buildings extending to either the street or
the rear yard. The depth of an outer court is the distance which an
outer court projects into the building from the outer wall thereof.
The width of an outer court is its other horizontal dimension.
CURB GRADE
The established elevation of a curb in front of the building
measured at the center of such front.
DEMOLITION
The dismantling or razing of all or part of a building or
structure, including all operations incidental thereto.
DWELLING
A building or structure or part thereof designed exclusively
as living quarters and containing cooking facilities. The term "dwelling"
or any combination of the term "dwelling" with any other word or words
shall not be deemed to include a hotel, rooming house, motel, tourist
home, mobile home, hospital, dormitory, tent, fraternity or other
accommodations or uses in similar categories.
DWELLING, MULTIPLE
A dwelling, including an apartment house, containing three
or more dwelling units separated by uninterrupted party walls, partitions
or floors and designed for occupancy by three or more families living
independently of each other.
DWELLING, ONE-FAMILY
A detached dwelling consisting of a building containing one
dwelling unit only and not occupied or designed for occupancy by more
than one family.
DWELLING, TWO-FAMILY
A detached dwelling containing two dwelling units only, separated
by uninterrupted party walls, partitions or floors, and not designed
for occupancy by more than two families living independently of each
other.
EDUCATIONAL OR QUASI-EDUCATIONAL ESTABLISHMENT
A facility used for education or instruction such as, but
not limited to, ballet or dance schools, martial arts schools, nursery
schools, tutoring centers, yoga studios, and business, vocational
or technical schools.
[Added 9-19-2023 by L.L. No. 1-2023]
FAMILY
(1)
One or more persons, whether or not related to each other by
blood, marriage or adoption, all living together as a single, stable,
permanent and bona fide housekeeping unit, so long as such persons
together occupy and own, lease or rent the whole of a separate building
or dwelling unit in a family-like living arrangement as the functional
and factual equivalent of a natural family and use all rooms and housekeeping
facilities in common.
(2)
Any such number of persons shall not be deemed to constitute
a family if:
(a)
Any one of such persons may not have lawful access to all parts
of the separate building or dwelling unit;
(b)
Any one or more of such persons lease or rent any separate portion
of such separate building or dwelling unit from any other person;
or
(c)
Residency is temporary or transitional, either as part of an
educational, medical, rehabilitational or treatment process or otherwise.
(3)
It shall be presumed that a separate building or dwelling unit
is occupied by more than one family if any two or more of the following
features may be found to exist by the Superintendent of Buildings
(or other person designated by the Mayor and Board of Trustees to
enforce this chapter): more than one mailbox, mail slot or post office
address; more than one doorbell or doorway on the same side of the
separate building or dwelling unit; more than one electric meter;
more than one gas meter; more than one connecting line for cable television;
separate entrances for segregated portions of the separate building
or dwelling unit; partitions or locked doors barring access between
segregated portions of the separate building or dwelling unit, including
bedrooms; separate written or oral leases or rental agreements or
the payment of rent for portions of the separate building or dwelling
unit among its owner or residents; or two or more kitchens, each of
which contains a range or oven, refrigerator and sink, unless it is
otherwise proven by evidence presented to the Superintendent of Buildings
(or other person designated by the Mayor and Board of Trustees to
enforce this chapter) by the owner or resident of the separate building
or dwelling unit that is occupied by one family (all as defined in
this section). The presumption provided for in this subsection shall
be rebuttable. Such presumption shall not preclude the Superintendent
of Buildings (or any other person designated by the Mayor and Board
of Trustees to enforce of this chapter) from making a determination
that the separate building or dwelling unit is not occupied by one
family based on other facts, whether or not listed in this subsection.
(4)
The Superintendent of Buildings (or any other person designated
by the Mayor and Board of Trustees to enforce this chapter) shall
make the primary determination as to the application of this definition
of "family" for the purposes of compliance with any provisions of
this chapter and the New York State Building Code, based upon an inspection
of the premises, any information received from the residents thereof
or any other persons, or documentary or any other written evidence
as to the condition of the premises or the relationship and living
arrangements of the residents, in consultation with the Village Attorney,
and the determination shall be presumed to be correct and final, subject
to review of or appeal to the Zoning Board of Appeals and judicial
review as provided by law.
FLOOR AREA
The area measured in square feet of a floor of a building,
measured at the exterior of the walls thereof.
FLOOR AREA RATIO (FAR)
The floor area in square feet of a building or buildings
divided by the area in square feet of the plot on which the building
or buildings are situated.
FOOD AND DRINK ESTABLISHMENT
An establishment which serves food and drink primarily for
consumption off the premises and may have limited seating for patrons.
Examples include, but are not limited to, delicatessens, ice cream
and frozen yogurt shops, and retail stores which prepare, store or
sell food or drinks, such as convenience stores.
[Added 9-19-2023 by L.L. No. 1-2023]
GALLERY
A space for the display or sales of works of art.
[Added 9-19-2023 by L.L. No. 1-2023]
GARAGE, MULTIPLE-DWELLING
Consists of a basement garage or accessory garage building
or a combination of either of them with an outdoor parking space providing
for one parking space consisting of not less than 200 square feet
for the parking of each noncommercial automobile for each apartment
unit.
GARAGE, PRIVATE
A detached accessory building or part of a main building
used only for the parking or temporary storage of automobiles of the
occupants of the main building or building group to which the garage
is accessory or of which it is a part and in which no service, occupation
or business is conducted.
GARAGE, PUBLIC
A building, other than a private garage, available to the
public and operated as a commercial business, regardless of profit
or loss, and used for the storage or repair, only as an incidental
use, of automobiles.
HALF STORY
Either of the following conditions shall be considered a
half story for the purpose of determining maximum building height:
[Added 9-18-2007 by L.L. No. 3-2007]
(1)
A space under a sloping roof where:
(a)
The line of intersection of the rafter bottoms and the interior
wall surface is not more than five feet above floor level; and
(b)
Fifty percent or more of the area has a ceiling height of seven
feet or less.
(2)
A basement when one or more exterior walls facing a public street
have a height of five feet or more.
HOME, MOBILE
A structure or vehicle containing one or more habitable units
that is so designed as to be transportable, either by being drawn
or propelled or under its own power. This definition shall apply irrespective
of whether or not the wheels or other devices for transportability
are actually in place. A trailer, house car or similar designations
are deemed to be mobile homes.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling
solely by the inhabitants thereof which is clearly incidental to the
residential use and in connection with which there are no sounds audible
outside the building, no display of goods visible from outside the
building, no signs or other advertising, and no selling of a commodity
on the premises and which use does not occupy more than 25% of the
habitable floor area of the dwelling and does not in any way change,
alter or modify the residential character or appearance of the building.
HOME PROFESSIONAL OFFICE
The office or studio of a physician, dentist, architect,
accountant, artist, musician, chiropractor, chiropodist, osteopath,
podiatrist, professional engineer, real estate or insurance broker
or lawyer, provided that such use is clearly incidental to the resident's
use of the premises and is conducted entirely within a dwelling in
which the practitioner resides, not more than three assistants or
employees are employed, such use does not occupy more than 25% of
the habitable floor area of the dwelling, there is no display of goods
or of advertising other than a professional nameplate, there is no
alteration or change to the building exterior which will change or
modify the residential character or appearance thereof, and such use
does not have any feature which is annoying, offensive or harmful
to public health, safety or general welfare by reason of noise, glare,
vibration, odor, radiation, dust, fumes or undue traffic. The establishment
or maintenance of a professional office in the home for a profession
not specifically enumerated herein shall require the granting of a
special permit by the Board of Trustees.
HOSPITAL
An institution licensed for the care of at least four sick,
injured, infirm or aged persons, but excluding a penal, correctional
or mental institution or institutions for alcoholics or drug addicts.
HOTEL
A building or portion thereof containing sleeping accommodations
hired or rented (in 10 or more rooms) for transient guests, without
individual kitchen facilities, whether such establishment is designated
as a hotel, inn, motel, motor hotel, motor lodge or term of similar
meaning. "Hotel" shall also include rooming houses and bed-and-breakfast
establishments.
INTERIOR DESIGN SHOWROOM
A space used to display products for sale related to interior
design furnishings, such as furniture, carpets or window treatments.
[Added 9-19-2023 by L.L. No. 1-2023]
LIGHT INDUSTRIAL USE
The manufacture of articles or the assembling of finished
or unfinished manufactured parts by hand or by machines, no one of
which shall be operated by a motor having a rated capacity in excess
of five horsepower. Repairing shall also be deemed to be included
within the term "light industrial use."
LOT
A vacant parcel of land or a parcel occupied by one building
and the accessory buildings or uses customarily incident to it, including
such open spaces as are required by this chapter, and such open spaces
as are arranged and designed to be used in connection with such building.
LOT AREA
The total area of a lot located within the border thereof.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT COVERAGE
The square footage of a lot covered by primary and accessory
structures.
LOT, DEPTH OF
The mean distance from the street line of the lot to its
rear line, measured in the general direction of the side lines of
the lot.
LOT FRONTAGE
That dimension of a lot measured along the front lot or street
line thereof or, if said front lot or street line is curved, along
the chord of the arc. On a corner lot, the lot shall be deemed to
front on the street with the narrower frontage, and where the two
street frontages are of the same length the owner may elect either
street frontage as the front lot line.
LOT WIDTH
The distance between the mean points along the side lines
of a lot.
MEDICAL OFFICE
The office or studio of a physician, dentist, optometrist,
optician, chiropractor, physical therapist and similar licensed professionals,
or a group of such professionals.
[Added 9-19-2023 by L.L. No. 1-2023]
NURSERY SCHOOL
A regularly organized school, licensed by the State of New
York, operated to provide daytime instruction, guidance or education
for children two to five years of age inclusive.
OUTDOOR CAFE
An outdoor designated area that is located on the property
of a restaurant or retail store or on the public sidewalk or the right-of-way
immediately adjacent to the property of an existing restaurant or
retail store and where food and beverages that are normally offered
to the public inside the restaurant or retail store are offered and
served to the public in the designated outdoor area.
[Added 9-19-2023 by L.L. No. 1-2023]
PARKING AREA, PRIVATE
An open off-street area, as an accessory use, containing
parking spaces for automobiles owned by occupants of a main building
or their employees or customers.
PERSON
Any individual, partnership, association, or corporation
or other business or legal entity.
PERSONAL SERVICE ESTABLISHMENT
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel.
Examples include, but are not limited to, barbershops, beauty parlors,
nail salons, dry-cleaning pickup establishments, laundries, copy establishments,
tailors, household and electronic repair establishments, health clubs,
gyms, and travel agencies.
[Added 9-19-2023 by L.L. No. 1-2023]
PET GROOMING FACILITY
An establishment designed or used for grooming dogs, cats
or other household domestic animals, and may offer ancillary retail
sales of pet care supplies and food. Such facility shall not include
pet training, daycare or overnight boarding.
[Added 9-19-2023 by L.L. No. 1-2023]
PORCH
Includes any porch, veranda, gallery, terrace, pergola, piazza,
portico or similar projection from a main wall of a building which
is covered by a roof and which is not heated.
PREEXISTING BUILDING
A building or part thereof which, with respect to the application
thereto of any regulation prescribed by this chapter:
(1)
Was lawfully in existence at the time that such regulation became
applicable thereto, whether by the adoption of the first zoning ordinance
or local law replacing the same, including this chapter, or of any
amendments to any of the foregoing; and
(2)
Has not since that time been altered in any manner or moved
so as thereby to make impossible the full and strict application of
such regulation to such building.
PROFESSIONAL OFFICE
The office or studio of a lawyer, professional engineer,
land surveyor, planner, registered architect, accountant and similar
licensed professionals, or a group of such professionals.
[Added 9-19-2023 by L.L. No. 1-2023]
PUBLIC PLACE
Any place available to or used by the general public, whether
or not an admission fee is charged, including but not limited to restaurants,
discotheques, cabarets, bars, social clubs, amusement parks, penny
arcades, game rooms and other similar establishments.
RESTAURANT
An establishment which serves food and drink primarily or
exclusively for consumption on the premises and has seating for patrons.
[Added 9-19-2023 by L.L. No. 1-2023]
RETAIL STORE
An establishment engaged in the selling or rental of merchandise
(usually to the general public for personal use or household consumption,
although they may also serve business and institutional clients) and
in rendering services incidental to the sale of such goods.
[Added 9-19-2023 by L.L. No. 1-2023]
ROW HOUSE
An attached single-family or two-family dwelling without
common parking areas.
SCHOOL, PRIVATE
An institution or place for learning, limited to prekindergarten
through grade 12, other than a public school, but furnishing a comprehensive
curriculum of academic instruction either similar to that of a public
school or otherwise meeting educational requirements of the laws of
the State of New York. This shall not include a college, nursery school,
day camp, professional school or a school giving special or limited
instruction in areas of learning such as business, art, music, dance
or riding.
SCHOOL, PROFESSIONAL
A school giving regular instruction in professional subjects,
such as, without limitation, the dramatic or graphic arts, business,
dancing, languages, music, sciences or stenography and secretarial
courses.
SCHOOL, PUBLIC
An institution or place for learning, limited to prekindergarten
through grade 12, operated by a public school district under the laws
of the State of New York. This shall not include a college, nursery
school, day camp, professional school or a school giving special or
limited instruction in areas of learning such as business, art, music,
dance or riding.
SELF-STORAGE FACILITY
A building containing separate, individual and private storage
spaces available for lease or rent for varying periods of time.
[Added 9-19-2023 by L.L. No. 1-2023]
STORY
That part of any building comprised between the surface of
one floor, except a cellar floor, and the surface of the next higher
floor, or, if there is no higher floor, then that part of the building
compromised between the surface of the highest floor and the ceiling
above, except an attic ceiling.
STREET LINE
The dividing line between the street and the lot.
STRUCTURE
Any combination of materials forming any construction and
including, among other things, heating or air-conditioning units,
stadiums, tents, trailers (whether movable or stationary), reviewing
stands, platforms, decks, gazebos, stagings, observation towers, radio
and television towers and antennas, gasoline pumps, water tanks, standpipes,
outdoor bins and sheds, outdoor pools, walls, fences, trellises, pergolas,
gates, gateposts, signs and masonry work. The word "structure" shall
be construed as though followed by the words "or part thereof."
[Amended 7-22-2003 by L.L. No. 1-2003]
SUPERINTENDENT OF BUILDINGS
The person charged with the inspection, approval and issuance
of permits for the construction, alteration, or demolition of buildings
or other structures in the Village (irrespective of the official title
being used to designate such office). Also known as "Building Inspector."
TOWNHOUSE
An attached single-family or two-family dwelling with common
parking areas.
USE
The purpose for which land or a building or a structure,
or a portion thereof, is designed, arranged, intended, occupied or
maintained. The term "permitted use" or any variant or any other form
of said term having the same meaning shall not be deemed to include
any nonconforming use.
USE, ACCESSORY
A use which is customarily associated with and incidental
and subordinate to the principal uses of a lot or a building and which
is located on the same lot therewith.
USE, SPECIAL
A use prohibited unless a permit therefor shall have been
received from the Board of Trustees.
VEHICLE, COMMERCIAL
Any trailer, boat, tractor, van, truck or motor vehicle licensed
or used for transportation for compensation or for hire of persons
or property or used in conjunction with a trade or occupation. For
the purposes of this definition, a limousine is presumed to be a commercial
vehicle. Lack of commercial license plate or commercial registration
shall not be conclusive proof that a vehicle is not a commercial vehicle
within this definition.
YARD
An open, unoccupied space on the same lot with the building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
YARD, FRONT
A yard extending between the side lines of the lot and lying
between the front line of the lot and the nearest point of the building.
[Amended 7-22-2003 by L.L. No. 1-2003]
YARD, REAR
A yard extending between the side lines of the lot and lying
between the rear line of the lot and the nearest point of the building.
[Amended 7-22-2003 by L.L. No. 1-2003]
YARD, SIDE
A yard between the side line of the lot and the nearest point
of the building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front or rear line,
as the case may be, of the lot.
[Amended 7-22-2003 by L.L. No. 1-2003 ]