[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.
ACCESSORY BUILDING
ALTERATION
ATTIC
AVERAGE GROUND LEVEL
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING INSPECTOR
BUILDING LOT
CORNER LOT
DEPTH
FAMILY
(1)
(2)
(3)
(4)
(5)
FLAG LOT
FLOOR AREA RATIO (FAR)
FRONT YARD
FRONT YARD AREA
GARAGE
(1)
(2)
GARAGE, PUBLIC
GROSS FLOOR AREA (GFA)
(1)
(2)
(3)
GROUND LEVEL
HABITABLE SPACE
HOSPITAL
LAUNDERETTE
LOADING SPACE
LONG-TERM TENANT
LOT
LOT AREA
(1)
(2)
(3)
LOT COVERAGE
MOTHER-DAUGHTER RESIDENCE
OUTDOOR SWIMMING POOL
PARKING AREA
PARKING SPACE
PAVE (PAVING)
PERGOLA
PRIVATE SCHOOL
(1)
(2)
REAR YARD
SIDE YARD
SINGLE- OR ONE-FAMILY DWELLING
STORY
STREET
STREET LINE
STREET WALL
STRUCTURE
TRAILER
TRANSIENT RENTAL
(1)
(2)
(3)
TWO-FAMILY DWELLING
UNIMPROVED BUILDING LOT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
As used in this chapter, the following terms shall
have the meanings indicated:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
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]
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]
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]
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)]
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]
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]
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.
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]
A lot situated at the intersection or junction of two or
more streets.
[Added 5-20-2010 by L.L. No. 1-2010]
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.
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)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
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]
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]
An open, unoccupied space on the same lot with a building
situated between the building and the street line of the lot.
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)]
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]
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
An attached garage, which shares at least one common wall, or
portion thereof, with a primary residence or building.
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)]
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]
All floor area of cellars, whether habitable or nonhabitable;
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
The first 300 square feet of floor area contained in a detached
garage.
The level of the preexisting grade at the point of measurement.
[Added 5-20-2010 by L.L. No. 1-2010]
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]
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.
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]
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.
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]
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]
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]
Any area located below (seaward of) the mean high-water mark
of any navigable waters or that is regularly underwater;
Any area within a street, road, path or right-of-way shown on
the Village’s Official Map; and
Any area located in a tidal or freshwater wetland as determined
by New York State or federal law, rule or regulation.
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]
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.
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)]
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.
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.
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)]
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]
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.
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.
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.
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]
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.
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.
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]
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]
The dividing line between the street and the lot.
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.
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]
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.
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)]
A dwelling unit lawfully and validly permitted as a residential
apartment located in the Business District, Amusement Business District
and Planned Shopping Center District.
Properties used exclusively for nonresidential commercial purposes
in the Business District, Amusement Business District and Planned
Shopping Center District.
Properties used for commercial filming for which a permit has
been duly issued by the Village Clerk.
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.
[Added 5-20-2010 by L.L. No. 1-2010]
A separate and distinct building lot, which:
Is assessed as a separate lot for real property tax purposes;
Is created pursuant to a lawful subdivision;
Is defined dimensionally with a metes and bounds description
prepared by a surveyor licensed in the State of New York;
Has never been combined with another building lot; nor shall
either lot have enhanced the value or utility of the other;
Contains no buildings, accessory buildings, structures or other
man-made improvements;
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
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.
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.
