[Amended 10-24-2005 by L.L. No. 1-2005]
A. 
This chapter is hereby established by the Board of Trustees of the Incorporated Village of Bayville to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes, for which purposes the Village of Bayville is divided into districts of such number, shape and area as may be deemed best suited to carry out such purposes and to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts. Such regulations and restrictions are made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire and other dangers, to promote health and general welfare, to provide adequate light, air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements and are made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Village.
B. 
As a result of the Board of Trustees’ concern with the impact of the subdivision and development of flag lots upon adjacent properties and upon the neighborhood in which they are located, it is the legislative intent of the Board of Trustees to prevent the creation of any such new or additional reduced-frontage lots in all residence districts of the Village of Bayville.
The provisions of this chapter shall be construed to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience and general welfare. It is not intended by this chapter, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinances or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.
A. 
Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot" and the word "building" includes the word "structure."
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
ALTERATION
Any modification of a building or structure, including, but not limited to, any change in or rearrangement of the walls, roof, ceilings, floors, supporting beams, columns, headers or girders, or any other structural parts; interior plan or layout; or the means of ingress or egress to such building or structure, including, for example, the addition of an open porch; or the relocation of any building or structure from one location to another; provided, however, that alteration for purposes hereof does not include any of the foregoing that results in the creation of one or more dwelling units.
[Added 5-20-2010 by L.L. No. 1-2010]
ATTIC
The space between the top uppermost floor construction and the underside of the roof, to the extent such space is not designed or used for occupancy, or as habitable space.
[Added 5-20-2010 by L.L. No. 1-2010]
AVERAGE GROUND LEVEL
The average elevation of the ground level measured along any distance or group of distances on a parcel, including, for example, along a property line or portion thereof, or along any wall of a building, accessory building or structure, or along the entire foundation of a building, accessory building or structure. Such average elevation shall be determined based upon measurements at not fewer than four points, equally spaced, along each distance to be measured, such as, for example, each exterior wall of a building. Any application to the Building Department that requires a determination of ground level, average ground level or average preexisting ground level under this chapter must be accompanied by a topographical survey map of the premises, prepared by a surveyor licensed as such in the State of New York containing such data as is reasonably required by the Village Building Official.
[Added 5-20-2010 by L.L. No. 1-2010]
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or use of persons or the enclosure of animals or chattels. The term "building" shall also include the words "principal building" and "accessory building." The word "building" shall be construed as though followed by the words "or part thereof."
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING AREA
The area of the maximum horizontal cross-section of all buildings and accessory buildings on a lot, measured from the exterior faces of the exterior walls of such buildings, including cantilevered portions thereof, and the horizontal cross section of all garage space located in a basement or cellar, but excluding cornices, one-story open porches, eaves and gutters projecting not more than 18 inches, chimneys and bay windows projecting not more than 24 inches, balconies and terraces.
[Added 5-20-2010 by L.L. No. 1-2010]
BUILDING HEIGHT
The vertical distance measured from the average ground level of the preexisting grade or the finished grade, whichever is lower, at the perimeter of any building, accessory building or structure, to the highest point of its roof.
[Added 5-20-2010 by L.L. No. 1-2010]
BUILDING INSPECTOR
The Building Inspector of the Village of Bayville or any person, organization or firm appointed or retained by the Village Board to perform the functions or responsibilities of said Building Inspector and the employees of such organization or firm acting within the scope of their employment in furtherance of such functions or responsibilities.
BUILDING LOT
A lot that conforms to the dimensional requirements of this chapter, is assessed separately for real property tax purposes and is defined dimensionally with a separate metes and bounds legal description, and is lawfully created through a subdivision satisfying all applicable laws, rules and regulations; a building lot may be comprised of one or more tax lots.
[Added 5-20-2010 by L.L. No. 1-2010]
CORNER LOT
A lot situated at the intersection or junction of two or more streets.
[Added 5-20-2010 by L.L. No. 1-2010]
DEPTH
As applied to a lot, the mean distance from the street line of a lot to its rear line, measured in the general direction of the side lines of the lot.
FAMILY
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
The group shares the entire dwelling unit.
(2) 
The group lives and cooks together as a single housekeeping unit.
(3) 
The group shares expenses for food, rent, utilities or other household expenses.
(4) 
The group is permanent and stable, and not transient or temporary in nature.
(5) 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
FLAG LOT
A lot whose buildable area, i.e., the “flag” portion, is connected to the street or right-of-way giving access to it by a strip of land, i.e., the “pole” portion, whose principal purpose is to provide legal and/or actual physical access to the buildable area. The pole portion of the lot does not satisfy the minimum frontage requirements of the residence district in which it is located. In general, the buildable area of a flag lot is located to the rear of another lot(s) fronting on the same or an intersecting street.
[Added 10-24-2005 by L.L. No. 1-2005]
FLOOR AREA RATIO (FAR)
The gross floor area of all buildings, accessory buildings, sheds, pool houses and greenhouses on a building lot, divided by the total building lot area.
[Added 5-20-2010 by L.L. No. 1-2010]
FRONT YARD
An open, unoccupied space on the same lot with a building situated between the building and the street line of the lot.
FRONT YARD AREA
An open, unoccupied space on the same lot with a building situated between the street wall and the street line of the lot extending to the sidelines (including comer side street line) of the lot.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
GARAGE
An accessory building or any portion of a primary residence or building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected, and which may be:
[Added 5-20-2010 by L.L. No. 1-2010]
(1) 
A detached garage, which is a stand-alone accessory building, unattached to a primary structure, or an accessory structure that is connected to a primary building or other building or structure by a breezeway or pergola or other similar connecting device; or
(2) 
An attached garage, which shares at least one common wall, or portion thereof, with a primary residence or building.
GARAGE, PUBLIC
A building or part thereof, other than a private garage or commercial storage garage, used for the storage and/or repair of motor vehicles for a fixed fee or charge or where any such vehicles are kept for hire.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
GROSS FLOOR AREA (GFA)
The sum of the horizontal areas of all floors including mezzanine levels in all buildings, accessory buildings, sheds, pool houses and greenhouses on a lot, including garages, measured from the exterior faces of the exterior walls thereof, including cantilevered portions thereof; provided, however, that gross floor area shall include 150% of those horizontal areas where the floor-to-ceiling height is greater than 10 feet. Notwithstanding the foregoing, there shall be excluded from gross floor area:
[Added 5-20-2010 by L.L. No. 1-2010]
(1) 
All floor area of cellars, whether habitable or nonhabitable;
(2) 
All nonhabitable space where the outboard ends of the rafters rest directly on the plate (no knee walls at the exterior plate line) and the vertical distance between the floor joists and the roof rafters above is less than seven feet six inches; and
(3) 
The first 300 square feet of floor area contained in a detached garage.
GROUND LEVEL
The level of the preexisting grade at the point of measurement.
[Added 5-20-2010 by L.L. No. 1-2010]
HABITABLE SPACE
A space within any dwelling used for living, sleeping, eating, cooking or for a home occupation, provided that the distance between the floor and the ceiling is not less than seven feet six inches.
[Added 5-20-2010 by L.L. No. 1-2010]
HOSPITAL
A private profit-making institution, with the exception of sanatoriums, nursing homes and hospitals, for the treatment of mental diseases, contagious diseases, inebriates or the insane.
LAUNDERETTE
A self-service laundry establishment that provides powered clothes-washing machines and clothes dryers that are operated by the patrons.
[Added 5-20-2010 by L.L. No. 1-2010]
LOADING SPACE
Any off-street space available for the parking of one truck or other vehicle for the loading or unloading of goods, not less than 15 feet wide, 40 feet long and 14 feet high, and having direct usable access to a street or alley, except that, where one such "loading space" has been provided, any additional space lying alongside, contiguous to and not separated from such first "loading space," need not be wider than 12 feet.
LONG-TERM TENANT
A person who rents a home or residence from the owner thereof for a continuous period of more than 14 days.
[Added 4-22-2019 by L.L. No. 1-2019]
LOT
A parcel of land occupied or designed to be occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designated to be used in connection with such building. The fact that a parcel of land may be shown as a lot or lots on a duly recorded plat shall not, ipso facto, entitle the owner thereof to utilize the lines of such lot or lots to create a buildable lot or lots without being subject to Chapter 66 of the Village Code entitled "Subdivision of Land."
[Amended 3-28-1988 by L.L. No. 1-1988]
LOT AREA
The entire area of a lot contained within its property lines, including all open areas and areas containing buildings or structures, but excluding:
[Added 5-20-2010 by L.L. No. 1-2010]
(1) 
Any area located below (seaward of) the mean high-water mark of any navigable waters or that is regularly underwater;
(2) 
Any area within a street, road, path or right-of-way shown on the Village’s Official Map; and
(3) 
Any area located in a tidal or freshwater wetland as determined by New York State or federal law, rule or regulation.
LOT COVERAGE
The sum of the gross horizontal areas on the ground floor of all buildings, accessory buildings, gazebos, pool houses, sheds and greenhouses on a lot, measured from the exterior faces of the exterior walls thereof, including cantilevered portions thereof, breezeways, open and covered porches, porticos, balconies and elevated decks, and patios and terraces more than 18 inches above grade, divided by the lot area expressed as a percentage. Notwithstanding the foregoing, the gross horizontal area of all permitted encroachments pursuant to this chapter, except for chimneys, shall be excluded from calculation of lot coverage.
[Added 5-20-2010 by L.L. No. 1-2010]
MOTHER-DAUGHTER RESIDENCE
A one-family residence altered to include a second kitchen for the sole use by the children or parents of the fee resident owner of said one-family residence and for which a special use permit shall have been duly approved by the Zoning Board of Appeals.
OUTDOOR SWIMMING POOL
Any swimming pool, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 24 inches and having a plane surface area of water greater than 100 square feet. The word "pool" shall be construed to mean "outdoor swimming pool."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PARKING AREA
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. There shall be an average of 350 square feet of "parking area" per parking space.
PARKING SPACE
An off-street space, available for the parking of one motor vehicle on a transient basis, having dimensions of not less than nine feet by twenty feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street or alley.
PAVE (PAVING)
To cover or lay (a road, walk, driveway, etc.) with concrete, asphalt, stones, gravel, bricks, tiles, wood, or the like, to make it a firm level surface.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PERGOLA
An arbor formed of horizontal trelliswork supported on columns or posts over which vines or other plants may be trained.
[Added 5-20-2010 by L.L. No. 1-2010]
PRIVATE SCHOOL
Includes parochial, church-connected and secular institutions, a nursery, kindergarten, primary or secondary school, college or university under the supervision of the New York State Department of Education or chartered by the Board of Regents of the State of New York or chartered by a special act of the Legislature of the State of New York, which institution shall furnish such academic instruction as is approved by said Board.
(1) 
Such parochial or other private school shall give regular instruction to pupils at least five days a week, holidays or vacations excepted, during not less than nine consecutive months during the period between September 1 of one year and July 1 of the following year.
(2) 
The foregoing enumeration shall in no case include schools, though chartered, giving special or limited instruction, such as trade schools, business schools or vocational schools, dramatic schools, art schools, automobile driving schools, real estate and insurance schools, radio and television schools, beauty culture and massage schools, charm schools, fashion schools, interior decorating schools, swimming schools, dancing schools, barber schools and other similar types of schools.
REAR YARD
An open, unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot.[1]
SIDE YARD
An open, unoccupied space on the same lot with a building, situated between the building and the side line of the lot and extending through from the street to the rear yard or, where no rear yard is required, to the rear line of the lot.
SINGLE- OR ONE-FAMILY DWELLING
A building designed for and occupied exclusively as a home or residence for not more than one family. Said dwelling shall contain one kitchen only. No second kitchen may be installed, nor may the plumbing pipes or electrical facilities for the same be installed without a separate building permit therefor.
STORY
That portion of a building or accessory building included between the upper surface of any floor and the upper surface of the next floor above it. A basement shall be deemed a story when more than half of its height, measured from floor to ceiling, projects above the average grade. A cellar and a nonhabitable attic shall not be deemed a story. An intermediate floor between the floor and ceiling of any story that covers less than 1/3 of the floor area immediately below the intermediate floor shall be deemed a mezzanine, and shall not constitute a story.
[Amended 5-20-2010 by L.L. No. 1-2010]
STREET
Any street identified as such on the Official Map of the Village, whether or not same has been formally dedicated as a public street.
[Added 5-20-2010 by L.L. No. 1-2010]
STREET LINE
The dividing line between the street and the lot.
STREET WALL
The wall of a building or part of a building which is enclosed, including sun porches and sun parlors, and any enclosed or open porch nearest to the street line but not including steps.
STRUCTURE
Anything constructed or erected other than a building or accessory building to form a construction that is safe and stable, including, without limitation, reviewing stands, platforms, stages, radio towers, water tanks, oil and fuel tanks, water towers, sheds, signs, fences, retaining walls, outdoor fireplaces, pools, pergolas, gazebos, and machinery or equipment that is affixed to the ground or to another structure or building.
[Added 5-20-2010 by L.L. No. 1-2010]
TRAILER
Includes such vehicles as so defined by state law and shall also include any vehicle which may have an instrument for attaching said vehicle to another vehicle and which shall have an axle or axles for one or more wheels, whether such vehicle is actually equipped with such wheels or is resting upon some other support.
TRANSIENT RENTAL
The rental or licensing of a dwelling occupied as a home or residence by persons other than the owner or a family member of the owner or a long-term tenant or a family member of the long-term tenant and for which rent or a fee is received by the owner or long-term tenant, directly or indirectly in exchange for such rental occupation for a period of not exceeding 14 days except:
[Added 4-22-2019 by L.L. No. 1-2019; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
A dwelling unit lawfully and validly permitted as a residential apartment located in the Business District, Amusement Business District and Planned Shopping Center District.
(2) 
Properties used exclusively for nonresidential commercial purposes in the Business District, Amusement Business District and Planned Shopping Center District.
(3) 
Properties used for commercial filming for which a permit has been duly issued by the Village Clerk.
TWO-FAMILY DWELLING
A building designed for and occupied exclusively as a residence for two families living independently of each other, each with its own entrance door and separate kitchen and separated by party, partition or common walls or floors. A two-family dwelling may not be used for boarders or roomers.
UNIMPROVED BUILDING LOT
[Added 5-20-2010 by L.L. No. 1-2010]
(1) 
A separate and distinct building lot, which:
(a) 
Is assessed as a separate lot for real property tax purposes;
(b) 
Is created pursuant to a lawful subdivision;
(c) 
Is defined dimensionally with a metes and bounds description prepared by a surveyor licensed in the State of New York;
(d) 
Has never been combined with another building lot; nor shall either lot have enhanced the value or utility of the other;
(e) 
Contains no buildings, accessory buildings, structures or other man-made improvements;
(f) 
Shall not have had any buildings, structures or other man-made improvements, constructed or otherwise, placed thereupon at any time from the creation of such lot pursuant to a lawful subdivision; and
(g) 
Does not abut any building lot that contains any building, accessory building, structure or improvement that fails to comply with any requirement of this chapter, unless each such item of noncompliance is lawful based upon variances granted under this chapter with respect thereto, but only to the extent granted prior to the commencement of the construction of same.
(2) 
No lot that has contained any building, structure or other man-made improvement at any time from the date of its creation pursuant to a lawful subdivision may be converted into an unimproved building lot through demolition or removal of any building, structure, or man-made improvement.
[1]
Editor’s Note: L.L. No. 5-2015, which added the definition of “Residential Building,” which immediately followed, was invalidated by the Supreme Court of Nassau County 6-30-2016. The former definition of "Seaside inn" of the 1981 Code, which immediately followed, was repealed 11-26-2018 by L.L. No. 1-2018.