For the purposes of this chapter, certain words and terms used herein
are defined as follows:
ALTER
To change or rearrange the structural parts or the exit facilities
of a building or structure, including extension on a side or increase
in height, or the moving from one location or position to another.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of main buildings and all accessory buildings, including
gross area within exterior walls exclusive of uncovered porches, parapets,
steps and terraces.
AREA, FLOOR
All floor area within the exterior walls of a building, but
not to include open porches or breezeways, garages, basements or uninhabitable
attic space. A split level house with the principal floor at a different
level not exceeding four feet shall be considered a one-story dwelling.
BASEMENT
That portion of a building wholly or partly underground and
extending no more than five feet above average finished grade.
BEACH
The zone of unconsolidated earth extending landward from
the mean high-water line to the waterward toe of a dune or bluff,
whichever is most waterward. Where no dune or bluff exists landward
of a "beach," the landward limit of a "beach" is 100 feet landward
from the mean high-water tide. Shorelands subject to seasonal or more
frequent overwash or inundation are considered to be "beaches."
[Added 6-27-1991 by L.L. No. 7-1991]
BLUFF
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or body of water. The seaward limit of a "bluff"
is the landward limit of its waterward natural protective feature,
such as a beach or dune. Where no waterward natural protective feature,
such as a beach or dune, is present, the waterward limit of a "bluff"
is mean high water. The landward limit of a "bluff" is 100 feet landward
of the ridge line of the "bluff."
[Added 6-27-1991 by L.L. No. 7-1991]
BUILDING
Any fixed structure having a roof and intended for the shelter,
housing or enclosure of person, animals or chattels.
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot.
BUILDING, MAIN
A building in which is conducted the main or principal use
of the lot on which such building is situated.
COVERAGE
That percentage of the lot area covered by the building area.
DWELLING
A building designed or used exclusively as living quarters
and shall not be deemed to include motel, hotel, rooming house or
tourist home, mobile home, trailer, camping car, tent or other similar
temporary or mobile structure.
DWELLING, ONE-FAMILY
A detached building occupied by a single family or housekeeping
unit, and not used as a so-called "model house" for promoting the
sale of improved or unimproved property.
FAMILY
Five or fewer persons occupying a dwelling unit, or six or
more persons occupying a dwelling unit and living together as a traditional
family or the functional equivalent of a traditional family.
[Amended 12-19-2006 by L.L. No. 5-2006]
(1)
It shall be presumptive evidence that six or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
(2)
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
(a)
The group is one which, in theory, size, appearance, structure
and function, resembles a traditional family unit, which may include
bona fide domestic servants employed at the premises on a full-time
basis.
(b)
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
(c)
The group (excluding bona fide domestic servants) shares expenses
for food, rent or ownership costs, utilities and other household expenses.
(d)
The premises is being occupied in strict accordance with all
applicable health, safety and fire codes.
(e)
The group is permanent and stable. Evidence of such permanency
and stability may include:
[1]
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools.
[2]
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
[3]
Members of the household are employed in the area;
[4]
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units;
[5]
Common ownership of furniture and appliances among the members
of the household; and
[6]
The group is not transient or temporary in nature.
(f)
Any other fact reasonably related to whether or not the group
is the functional equivalent of a family.
FARM, FARM USE, CUSTOMARY FARM OCCUPATION
The use of a parcel of land, either as a principal or accessory
use, for the purpose of the commercial production of agricultural,
floricultural, vegetable and fruit products of the soil, livestock
and meats, dairy products, nuts, honey and wool, but shall not include
maintaining riding academies and livery stables or commercial kennels.
A garden, accessory to a residential use, shall not be deemed a "farm"
or "farm use." A "customary farm occupation" shall be the conducting
of usual farm activities and shall include the processing of the products
of only the farm on which such processing is conducted.
FRONTAGE
The extent of a parcel of land along a street.
FRONT YARD SETBACK LINE
A line parallel to the front lot line and a distance therefrom
equal to the required minimum front yard for the district in which
located.
GARAGE, PRIVATE
An accessory building or part of a main building used primarily
for the storage of motor vehicles as an accessory use.
GRADE, FINISHED
The elevation, at any point along a wall of a building, of
the completed surfaces of lawns, gardens, walks or roads adjoining
such wall at that point.
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance measured from the average elevation
of the finished grade (finished grade = existing undisturbed grade
and/or final grade as established on an approved site plan). The vertical
distance shall be measured on each side of the building to the highest
point of the roof for flat roofs, to the deck line of a mansard roof
and to the average height between the eaves and the ridge for gable,
hip and gambrel roofs. The maximum height of structure shall not exceed
40 feet for gable, hip and gambrel roofs. The maximum height for all
other roofs shall not exceed 35 feet.
[Amended 10-17-2000 by L.L. No. 1-2000]
HOUSE TRAILER
Any portable or mobile vehicle used or designed to be used
for living or sleeping purposes, and shall include such a vehicle
if mounted on temporary or permanent foundations with or without the
wheels in place.
LOT
A, parcel of land, not divided by or lying within a street
or streets, occupied or to be occupied by a building or buildings
and accessory buildings, together with such open spaces as are required
under the provisions of this chapter, and having its principal frontage
on a street or on such other means of access as may be deemed, in
accordance with the provisions of law, to be adequate for purposes
of issuing a building permit for a building on such land.
(1)
LOT, CORNERA lot of which at least two adjacent sides abut on streets or public places.
LOT AREA
The total area included within lot lines when measured in accordance with the provisions of §
128-17.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT LINES
The property lines bounding a lot as defined herein.
(1)
LOT LINE, FRONTThe property line or lines separating the lot from the street or streets.
LOT WIDTH
The mean width of a lot measured at right angles to its depth,
measured at the main building line.
NONCONFORMING USE
A use of a building or of land that does not conform to the
regulations as to the use in the district in which it is situated,
which use was lawful at the time this chapter or amendments thereto
became effective.
PARKING SPACE
An off-street space, available for the parking of one motor
vehicle on a transient basis, having dimensions of not less than 10
feet by 20 feet, exclusive of passageways and driveways appurtenant
thereto, and giving access thereto, and having direct usable access
to a street or right-of-way.
SIGN
Any device for visual communication which is used for the
purpose of bringing the subject thereof to the attention of the public,
and including any badge or insignia of any municipal agency or any
civic, charitable, religious, patriotic or fraternal or similar organization.
STEEP SLOPE
Any hillside, bank, cliff or area of land with a gradient
of, or greater than, 25% over a horizontal length of at least 25 feet
and extending for a horizontal width of at least 25 feet.
[Added 6-27-1991 by L.L. No. 7-1991; amended 8-16-2005 by L.L. No.
3-2005]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be counted as a "story" if its ceiling
is more than five feet above the level from which the height of the
building is measured.
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STREET
A public or private thoroughfare devoted to vehicular and
pedestrian movement, including a road or right-of-way, permanently
open to common and general use, over which the abutting owners have
the rights of access, air and light, which thoroughfare has been established
as part of a subdivision approved by the Village Planning Board or
as part of a subdivision plat recording in the office of the County
Clerk of Suffolk County or which thoroughfare existed prior to the
date that the Village regulated the subdivision of land. A private
driveway shall not be considered a "private street" unless or until
a right-of-way or easement therein is vested in more than one ownership.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including but not limited to signs, swimming pools,
tennis courts, docks, retaining or other types of walls and fences.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use," or its equivalent, shall not be deemed to
include any nonconforming use.
USE, ACCESSORY
A use which is customarily incidental and subordinate to
the principal use of a lot or a building and located on the same lot
therewith and limited to the uses specifically permitted for the zoning
district in which it is located.
VILLAGE
The Village of Nissequogue.
VILLAGE BOARD
The duly elected Village Board of Trustees of the Village.
YARD
A required open space of uniform width or depth, as the case may be, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the appropriate lot line and is unoccupied and unobstructed from the ground upward, except for certain features specified in §§
128-26 through
128-29. In measuring a yard, as hereinafter provided, the "line of a building" shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid sections as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively and shall be at right angles from such line of the building to the nearest lot line. Thus, as set forth in §
128-24, the required minimum front, rear and side yard dimensions shall refer to the parallel distance between the appropriate lot line and the nearest point of any building situate on the lot.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
YARD, REAR
A year extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard.