A.Â
Unless the context clearly indicates the contrary, words used in
the present tense include the future, the singular number includes
the plural, and the plural the singular.
B.Â
The word "person" includes a profit or nonprofit corporation, company,
partnership, association, trust, estate or individual, or any other
legally cognizable entity.
C.Â
The word "shall" is mandatory and not directory; the word "may" is
permissive.
D.Â
The word "lot" includes the word "plot" and the word "land."
E.Â
The word "structure" includes the word "building."
F.Â
The word "use" refers to any purpose for which a lot or land or part
thereof is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use; and to any purpose for which a
building or structure or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use
or erected, reconstructed, altered, enlarged, moved or rebuilt with
the intention or design of using the same. Any separate business shall
be considered a separate use. Any change of use from any use described
on the Table of Uses[1] herein to another use on said table or to any other use
shall be deemed a change of use. By way of illustration, not limitation,
any change from a use or activity listed on the Table of Uses to any
other use separately listed or unlisted shall be a change of use.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
G.Â
The word "used" refers to the actual fact that a lot or land or building
or structure, or part thereof, is being occupied for a particular
use.
H.Â
The word "Village" means the Incorporated Village of Sag Harbor.
I.Â
The word "town" means the unincorporated area of either the Town
of East Hampton or the Town of Southampton, or both such towns.
J.Â
As a general rule of construction, words not specifically defined
in this article shall be accorded their common meanings as set forth
in any authoritative dictionary in general use.
As used in this chapter, the following words and phrases shall
have the meanings indicated in this section:
A use accessory to a one-family detached owner-occupied dwelling in the R-20 District or to a nonresidential principal use in the VB District consisting of a grouping of rooms arranged and designed with provisions for cooking, living, sanitary and sleeping facilities such that it is suitable for occupancy by a single family on a long-term basis as its principal residence during the period of such occupancy or which, however arranged or designed, is in fact being used on such a basis for such purpose and where in all cases the tenant of an accessory apartment shall have no ownership interest in the property, building, apartment or the entity that is the owner of the property, building or apartment in the R-20 District. An entire "single-family residence," as herein defined, regardless of its actual occupancy or use, shall not constitute an apartment. An accessory apartment in the VB District shall be located only on a second floor or above and in all cases above a nonresidential use, and all new accessory apartments in the VB District shall be subject to the provisions of § 300-11.6; but legal preexisting apartments in the VB District shall not be subject to said provisions.
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term “accessory use, building or structure”
shall include, but is not limited to, a private garage, garden shed,
playhouse, detached trellis, pergola, swimming pool, air-conditioning
compressor, pool heater, filter and similar equipment, cabana, terrace
or deck, private greenhouse and a tennis court, platform tennis, racquetball,
volleyball or similar game court. An accessory building shall not
include a building which, in whole or in part, is designed, equipped
or used for cooking, living or sleeping purposes. The term “accessory
use” shall not include a heliport, helipad or the taking off
or landing of helicopters or aircraft, except in a legitimate emergency.
The term “tennis court” shall be a playing area with a
net on the ground, partly or entirely surrounded by fencing or netting
designed to deter the passage of balls, and shall not include any
roof, equivalent feature or other structure and no other structural
improvements.
[Amended 4-21-2016 by L.L. No. 5-2016]
A building or part thereof housing more than 16 persons on
a twenty-four-hour basis who, because of age, mental disability or
other reasons, live in a supervised residential environment that provides
personal care services. The occupants are capable of responding to
an emergency situation without physical assistance from staff.
As applied to a building or structure, a change or rearrangement
of the structural parts or the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another, whether interior or exterior.
The term "alter" in its various modes and tenses and its participle
form refers to the making of an alteration. The term "alteration"
includes any change, rearrangement or addition to a building or structure
and includes any modification in construction or in building equipment.
The establishment of a licensed medical doctor engaged in
the practice of general medicine that accepts patients on a "walk-in"
basis and does not maintain appointments for all patients.
A use that involves as its primary purpose the sale of works
of art, pieces of furniture or decorative objects originally made
and sold at an earlier period of time.
A building used for residential purposes and containing more
than two dwelling units.
A use that involves as its primary purpose the sale of visual
art created by one or more artists, including but not limited to paintings,
drawings, photographs and sculptures.
A development providing the housing, food and skilled nursing
needs of more-dependent senior citizens. Assisted-living facilities
include congregate housing for seniors who are less able to function
independently in all aspects of their daily lives.
An unfinished, nonhabitable space, used for storage purposes
only, which is situated between the top of the uppermost floor construction
and the underside of the roof. An attic shall be deemed a "story"
when it contains any habitable space.
A financial institution that is open to the public and engaged
in deposit banking and that performs closely related functions such
as making loans, investments and fiduciary activities.
A financial institution where services may be provided through
a window, automated machine, or other facility to customers remaining
in motorized vehicles that are in a designated stacking lane.
An establishment primarily engaged in the sale and service of beverages for on-premises consumption, which is also subject to regulatory authority of the New York State Liquor Authority, with the sale or service of food being incidental thereto. Such establishments may also have hours of operation which extend beyond the normal dining times for breakfast, lunch or dinner. A bar or tavern shall not include a restaurant, as defined herein, or any form of cabaret, disco or nightclub. A music or entertainment event may be permitted as an accessory use pursuant to the provisions of Chapter 122 (music/entertainment event permits) of this Code.
[Amended 10-12-2010 by L.L. No. 10-2010]
That space of a building which is partly below average existing
grade, which has more than 1/2 of its height, measured from floor
to ceiling, above the average existing grade of the ground adjoining
the building wall. A basement shall be counted as a story in determining
building height. Basement space shall not be used as a dwelling unit.
Basement window wells or stairways for access shall be considered
to be part of the building, subject to all setbacks and dimensional
requirements. No part of a basement shall be permitted to extend beyond
the exterior wall of the first story of the building in which it is
located.
[Amended 4-21-2016 by L.L. No. 5-2016; 10-11-2016 by L.L. No. 8-2016]
An owner-occupied residence, resulting from the conversion
of a single-family residence, used for providing overnight accommodations
and a morning meal to not more than four transient lodgers and containing
not more than two bedrooms for such lodgers.
[Amended 6-9-2015 by L.L.
No. 10-2015]
A bank or cliff with a precipitous or steeply sloped face
lying landward of the beach or body of water and having a bluff line
at least two feet higher than its base or toe. A bluff may extend
across all or part of a parcel.
A facility for servicing all types of watercraft, as well
as providing supplies, storage and fueling facilities, and with facilities
for the retail sale, rental or charter of boats, motors and marine
equipment. The term "boatyard" shall not be deemed to include outdoor
multistoried racks for the storage of boats.
A structure with a roof supported by columns or walls and
intended for the shelter, housing or enclosure of persons, animals
or chattels.
The area computed at the maximum horizontal cross sections
of the main and accessory buildings on a lot, including the area of
all roofed porches, terraces and similar features.
The official Building Inspector of the Incorporated Village
of Sag Harbor or any person duly appointed or designated to act as
such inspector.
An establishment primarily engaged in the sale and service
of beverages for on-premises consumption and the providing of musical
entertainment, singing, dancing or other forms of amusement and entertainment,
with the sale or service of food being incidental and accessory thereto.
Such establishment may also have one or more of the following characteristics:
age restrictions, cover charges, charges for admission, disc jockeys,
jukeboxes, amplified sound systems, live entertainment and the like;
the hours of operation extend beyond the normal dinner hours. A cabaret,
disco or nightclub shall not include a restaurant, as defined herein,
or any form of bar or tavern.
A story partly underground and having 1/2 or more of its
clear height below the average existing grade. A cellar shall not
be counted as a story in determining the building height. Cellar window
wells or stairways for access shall be considered to be part of the
building, subject to all setbacks and dimensional requirements. No
part of a cellar shall be permitted to extend beyond the exterior
wall of the first story of the building in which it is located.
[Amended 4-21-2016 by L.L. No. 5-2016; 10-11-2016 by L.L. No. 8-2016]
A certificate issued for a building or structure which definitively states that a particular improvement or change conforms to the requirements of Article XIII of the Zoning Code. A certificate shall be required for every action described in § 300-13.4E within the historic district. A certificate shall also be required for every application for a building permit outside the historic district within the Village of Sag Harbor which involves exterior alteration, restoration, construction, reconstruction, demolition or moving of a structure or land. This shall include also any material change in the appearance of such a property that is visible from an adjacent street or adjacent property. Except as provided herein, a certificate shall not be required for a building permit outside the historic district which involves solely interior alteration, restoration, construction, reconstruction, or demolition.
[Amended 10-9-2012 by L.L. No. 9-2012; 1-14-2014 by L.L. No.
1-2014]
Any activity that changes or removes established vegetation
in its natural state within a vacant lot or previously undeveloped
area of a lot, including trees and understory.
[Added 3-9-2021 by L.L.
No. 1-2021]
A property in single ownership improved with buildings and
accessory structures established for the principal purpose of members
engaging in bathing or tennis or any combination of those activities.
The term "club, beach or tennis" shall not be deemed to include sleeping
quarters or dwelling units, except for one dwelling unit to be used
by the owner or manager, nor shall it include any dining facility,
retail or personal service shop made available to the general public.
A not-for-profit corporation, as defined by § 102
of the Not-For-Profit Corporation Law of the State of New York, established
for the principal purpose of engaging in recreational boating. The
activities of such a yacht club shall be limited to its members and
their guests and shall not be extended to the general public. The
term "yacht club" shall be deemed to include the term "marina," but
shall not be deemed to include the term "boatyard."
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, and not including the manufacture
of ready-to-wear or standardized products.
A facility that provides supervision and personal care on
a less than twenty-four-hour basis for more than five children.
The destroying, tearing down, or razing of all of a building,
except in the Historic District.
[Added 4-21-2016 by L.L.
No. 5-2016]
A structure having as its main purpose the reception of radio
signals from orbiting satellites or terrestrial sources. The term
shall include all satellite earth stations of whatever configuration.
Any base, pedestal, foundation, reflector, amplifier, lens, prism
or other device located out of doors and connected to or used in conjunction
with a dish antenna shall be deemed to be a part thereof.
A nonresidential use or an accessory use to a nonresidential
use which has a need for a vehicular queue or parking spaces to accommodate
persons to whom it serves or transfers products or materials outside
its building, if any, or to accommodate persons consuming its service,
products or materials in a vehicle on the premises.
A building designed exclusively for residential purposes
and arranged or intended to be occupied by one or more families living
independently of each other.
A group of rooms separate and set apart from any other group
of rooms, including at least one bathroom, with provisions for cooking,
living, sanitary and sleeping facilities arranged for the exclusive
use of one family.
A dwelling containing one dwelling unit for the occupancy
of one family and its domestic servants.
A dwelling containing two dwelling units for the occupancy
of two families and their domestic servants.
A vessel employed on a commercial basis for party-fishing
trips, commonly called a "party boat." This includes vessels similarly
used for sightseeing trips, whale watching, tours, dinner cruises,
gambling and any similar form of recreation. An excursion boat does
not include a vessel carrying fewer than five passengers used on an
occasional basis only.
The existing surface elevation of land at a given point or
place before any alteration of the land is undertaken.
[Added 4-21-2016 by L.L.
No. 5-2016]
The architectural style and general arrangement of such portion
of the exterior of a structure as is designed to be open to view from
a public way, including kind and texture of building materials, type
of all windows, doors, lights, signs and other fixtures appurtenant
to such portion.
One or more persons, whether or not related to each other
by blood, marriage or adoption, all occupying a single, legal one-family
dwelling unit as a traditional family or the functional equivalent
of a traditional family, having access to and utilizing the whole
of such dwelling unit, including but not limited to all rooms and
housekeeping facilities, in common. In determining whether individuals
are living together as the functional equivalent of a traditional
family, the following criteria must be present:
The group is one which in structure and function resembles a
traditional family unit.
The occupants must share the entire single- or one-family 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.
The occupants share expenses for food, rent, ownership costs,
utilities and other household expenses.
The occupancy is permanent, or tantamount to permanent, and
stable. Evidence of such permanence and stability includes, but is
not limited to:
The presence of minor children regularly residing in the household
who are enrolled in local schools.
Members of the household have the same address for purposes
of voter registration, drivers' licenses, motor vehicle registration,
filing of taxes and delivery of mail.
Members of the household are employed in the area.
The household has been living together as a unit for a year
or more whether in the current dwelling unit or in other dwelling
units.
Common ownership of furniture and appliances among the members
of the household.
Any other factor reasonably related to whether or not the occupants
are the functional equivalent of a family.
A type of eating establishment where food and beverages are
ordered and purchased over counters (without table service by waiters
or waitresses) in a ready-to-consume state for consumption within
the building, elsewhere on the premises and/or for carry-out and whose
design or method of operation includes one or both of the following
characteristics:
A restaurant, as defined in this chapter, shall not be construed
to be a fast-food eating establishment. A retail shop or store (such
as a grocery store, a delicatessen, a neighborhood convenience grocery
store, a retail bakery store, a retail ice cream or frozen dessert
store and any similar retail shop or store) which does not provide
for consumption on the premises shall not be construed to be a fast-food
eating establishment.
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both. The
term "fence" shall include tennis court enclosures or backstops and
similar structures.
Areas of vegetation cultivated by man which require irrigation
or the application of fertilizers, pesticides, herbicides or other
substances in order to grow or maintain their existence.
Any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content and which is designed
for use or claimed to have value in promoting plant growth.
A building or lot, or part thereof, used for supplying and
selling gasoline or other equivalent fuel for motor vehicles at retail
direct from pumps and storage tanks. A filling station may include
accessory facilities for rendering limited service for motor vehicles,
such as lubrication and minor repairs, and incidental, but not automated,
car washing and may include a convenience store of 600 square feet
or less.
A use of a building or portion thereof intended to provide
members of the public with facilities for exercises, aerobics, fitness
training, dance, martial arts, pilates, yoga, self-defense or instruction
thereof.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
[Amended 4-21-2016 by L.L. No. 5-2016]
The cumulative area, in square feet, of all floor levels of
every story of a building, measured to the exterior of the outside
walls. Any interior space with a floor-to-ceiling height in excess
of 15 feet shall be counted twice.
[Amended 12-12-2017 by L.L. No. 15-2017]
In the case of one-family and two-family detached dwellings, pursuant to § 300-9.11 of this chapter, gross floor area shall not include:
Any porches, patios, decks, open terraces, and other such open
structures that are attached to the principal dwelling.
Cellars.
Attics which do not qualify as habitable space under the New
York State Fire Prevention and Building Code.
Any detached accessory buildings and structures on the same
lot.
[1]Areas used solely for mechanical equipment, not to exceed
200 square feet.
A retail store for the sale of cut flowers, floral arrangements
and plants including accessory supplies.
A retail store for the sale of a large variety of merchandise
for personal use, including but not limited to housewares, sewing
materials, deodorants, toys, arts and crafts, clothing, nonperishable
food items, fabric, yarn, sewing patterns, seasonal holiday supplies
and the like.
Any retail store, operation or enterprise in which food,
beverages and household goods constitute the predominant goods offered
for sale. Compare "superstore."
Space occupied by one or more persons for living, sleeping,
eating or cooking, which conforms to all the requirements of this
chapter and all other applicable codes and regulations promulgated
by the Village or any other agency of government that has jurisdiction;
exclusive of that area used for laundry, locker, storage, utility,
heater and boiler rooms, and other spaces for service, storage and
maintenance of the building, and those spaces used for access and
vertical travel between stories.
A retail store for the sale of hardware and home improvement
products, equipment and supplies.
The height of any point on a building or structure shall
be the vertical distance from such point to the existing grade, as
established on a plan prepared by a licensed professional surveyor,
directly beneath the point whose height is being measured.
[Amended 1-14-2020 by L.L. No. 1-2020]
Any substance used to destroy or inhibit plant growth or
which does so as a secondary consequence of its application to plant
growth.
Those areas of the Village of Sag Harbor which have a special
character, historic or aesthetic interest or value and represent various
eras in the history of the Village and, as a result, constitute a
distinct section of the Village and are designated as a Historic District
pursuant to this chapter.
A retail store with an inventory limited to residential furnishings
and furniture.
Any gainful occupation customarily conducted within a dwelling
solely by the residents thereof that is clearly secondary to the residential
use and that does not change the character of the structure as a residence.
Said activity shall not occupy more than 1/3 of the ground floor area
of the dwelling or its equivalent elsewhere in the dwelling if so
used, and further provided that there shall be no external evidence
other than an announcement sign and that no mechanical or electrical
equipment is used except customary household equipment. However, home
occupation shall not be construed to include such uses as the following:
clinic or hospital, barbershop or beauty parlor, restaurant, breeding
kennel or antique dealer.
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the State of New York to practice a healing
art, a lawyer, architect, artist, engineer, real estate broker or
salesman, insurance broker or agent or teacher, as herein restricted,
provided that not more than two persons are employed who are not members
of the family and that such office shall be in the main building and
shall not occupy more than the equivalent of 1/2 of the area of one
floor of said building. For the purposes of this definition, a teacher
shall be restricted to a person giving individual instruction in academic
or scientific subjects to a single pupil at one time. A home professional
office shall not include the office of any person professionally engaged
in the purchase or sale of economic goods. Dancing instruction, band
instrument, or piano or voice instruction; tearooms; tourist homes;
beauty parlors, barbershops, hairdressing and manicuring establishments;
convalescent homes; mortuary establishments; and stores, trades or
businesses of any kind not herein excepted shall not be deemed to
be "home professional offices." The home professional office of a
physician shall not include a biological or other medical testing
laboratory.
See Appendix L1, Figure A.[2]
A building containing individual guest units providing sanitary
and sleeping facilities for tourists and vacationers on a transient
basis.
A movable one-family dwelling originally equipped with or
having a vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "mobile home."
Any increase in the nonconformity of a nonconforming building
or structure with the dimensional regulations of this chapter. This
shall include any increase in nonconformity relating to the length,
width, or height of the nonconforming building or structure.
[Added 8-11-2015 by L.L.
No. 13-2015]
Any land or structure, or part thereof, exceeding 300 square
feet in area and used for collecting, storage or sale of wastepaper,
rags, scrap metal or other scrap or discarded materials or for the
collecting, dismantling, storage or salvage of machinery or vehicles
not in running condition or for the sale of the parts thereof.
A unit of measurement of the redness or blueness in the spectrum
of light. The lower the Kelvin number the higher the percentage of
yellow and red in the spectrum of the light source; the higher the
Kelvin number the greater the percentage of "blue light" in the spectrum.
[Amended 4-13-2021 by L.L. No. 6-2021]
A site recognized as having a quality of significance in
American history, architecture, archaeology or culture as may be found
in a district, site, building, structure or object of state and local
importance that possesses integrity of location, design, setting,
materials, workmanship, feeling and association. In order to constitute
a "historical or cultural landmark" within the meaning of this chapter,
the authenticity of the landmark must be acknowledged by the Board
of Historic Preservation and Architectural Review and/or by the Village
Historian or such other expert or experts as may be designated for
this purpose by the Village Board of Trustees.
Radiant energy in the visible spectrum, artificially generated
by electricity, solar energy, or gas flame.
[Amended 4-13-2021 by L.L. No. 6-2021]
The origin of light and its housing, such as an electric
filament in a glass or plastic bulb. LED lights shall be regulated
as if they are emitted from light bulbs.
[Amended 4-13-2021 by L.L. No. 6-2021]
A complete lighting unit consisting of one or more light
sources, together with the parts designed to distribute light, position
and protect the light source, and connect the light source to the
power supply. A light fixture may include a ballast, the mounting
apparatus, and photocells or sensors, if any. Also known as a "luminaire"
in industry jargon.
[Amended 4-13-2021 by L.L. No. 6-2021]
A classification for a light fixture designed and installed
so that no light is emitted at or above a horizontal plane running
through the lowest light-emitting part of the fixture. No more than
10% of the light output can be emitted within the first 10° below
the same horizontal plane as determined by a photometric test or certified
by a manufacturer. See Appendix L1, Figure A.[3]
[Amended 4-13-2021 by L.L. No. 6-2021]
A light fixture, or any means of generating light, with an
opaque shield above the light source so that, as designed and installed,
the light fixture projects all its light below the horizontal plane.
Full cutoff fixtures are considered fully shielded as are fixtures
designated as "zero uplight." See Appendix L1, Figure B.[4]
[Amended 4-13-2021 by L.L. No. 6-2021]
A light fixture which is not fully shielded and, as installed,
emits at least some light above the horizontal plane, directly or
indirectly. Also classified as a cutoff, semi-cutoff or non-cutoff
light fixture. See Appendix L2.[5]
[Amended 4-13-2021 by L.L. No. 6-2021]
The light-emitting parts of a light fixture, including the
bulb, filament, light-emitting diodes, and any transparent, translucent
or frosted elements (covering over the light source) as well as any
refractors, reflectors, films, prismatic lenses, mirrors or diffusers
which emit or transmit light.
[Amended 4-13-2021 by L.L. No. 6-2021]
Light illuminating a property other than that from which
it is generated, whether or not the light source is directly visible
across property lines. Illumination or glare cast unnecessarily on
the property of another with the effect of reducing privacy, limiting
use or enjoyment, hindering sleep and/or detracting from the appearance
of the illuminated property without the permission of the owner, lessee
or lawful occupant. This term shall not be deemed to include streetlighting
or other municipal lighting which is designed or intended to illuminate
land beyond the municipal property boundary. Light trespass may be
measured at any point on the property.
[Added 4-13-2021 by L.L.
No. 6-2021]
As used in this chapter, and unless otherwise specified,
shall mean exterior lighting produced by artificial means or interior
lighting aimed or intended to illuminate the exterior of a structure,
waterway, or property.
[Amended 4-13-2021 by L.L. No. 6-2021]
A visual disturbance produced by a distinct light source
within the visual field that is sufficiently brighter than the level
to which the eyes are adapted, causing annoyance, discomfort, squinting
or loss of visual acuity, including momentary blindness.
[Added 4-13-2021 by L.L.
No. 6-2021]
Lighting which is not required for safe pedestrian passage
or the identification of private property and shall include lighting
of foliage, facades, and areas not requiring night lighting for safety.
[Added 4-13-2021 by L.L.
No. 6-2021]
Lighting which is used for a specified purpose and for a
limited time and is removed thereafter. The length of time that temporary
lighting is to be used is not longer than 14 consecutive days in any
calendar year and shall be used exclusively for situations for which
permanent lighting cannot be installed. "PAR" bulbs, spotlights and
floodlights are not considered temporary lighting.
[Amended 4-13-2021 by L.L. No. 6-2021]
A parcel of land occupied or capable of being occupied by
a main building and accessory buildings, structures or uses in accordance
with the provisions of this chapter, including such open spaces as
are required by this chapter.
The portion of the lot area covered by the area of all buildings
and structures thereon, whether temporary or otherwise, and including
areas of open storage of more than an incidental transitory character
and including patios, terraces and decks whether roofed or not and
whether at grade or otherwise.
The lot line common with the street line.
The street right-of-way or easement line at the front of
a lot, except that:
The lot line opposite the front lot line.
Any lot line not a rear lot line nor a front lot line shall
be deemed a "side lot line."
The dimension measured from side lot line to side lot line
along a line parallel to the street line at the required minimum front
yard depth.
The total horizontal area of a lot, exclusive of land in
the bed of any street or right-of-way or waterway. Lot area shall
not include land which is any existing water surface, any area periodically
or ordinarily submerged beneath the waters of a stream, pond, lake
or other freshwater body, whether natural or man-made, all land lying
seaward of the mean high-water line of any tidal waters, and all lands
consisting of beach, wetland or watercourse including all lands seaward
of a bluff.
A lot at the junction of the fronting on two or more intersecting
streets having an interior angle of less than 135° at their intersection.
A lot abutting upon a curved street shall also be considered a corner
lot if the tangents to the curb at the points of intersection of the
side lot lines intersect at an interior angle of less than 135°.
A lot other than a corner lot.
A lot extending from one street frontage through to another
street frontage or to a municipal off-street parking lot frontage.
A measure of light energy generated by a light source. The
initial lumen rating of a light source is provided by the manufacturer
and is often indicated on the packaging. Lumen output can also be
measured by a hand-held device when the light source is illuminated.
Light on the ground surface is indicated as "footcandles" and can
be measured by a light meter.
[Amended 4-13-2021 by L.L. No. 6-2021]
A facility for the berthing and fueling of all types of recreational
watercraft. The term "marina" shall be deemed to exclude the terms
"yacht club" and "boatyard" and out-of-water storage of boats, repair
facilities, restaurant or similar activities.
A unit that is mounted to a dock to provide multiple services,
such as electrical power, television, water, telephone services, and
lighting, to a docked boat at a marina or recreational marina. Any
new marina power pedestal light fixture must be louvered or have a
low-brightness option, be located and aimed such that light is contained
to the pedestrian walkways only, and may not exceed 900 initial lumens
(approximately 60 watts incandescent or one thirteen-watt fluorescent).
[Amended 4-13-2021 by L.L. No. 6-2021]
A movable one-family dwelling originally equipped with or
having a vehicular chassis and provided with all of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "house trailer."
A building or group of buildings, whether detached or in
connected units, containing individual guest units consisting of a
principal room and a bathroom arranged or designed to be suitable
for year-round use as a sleeping or living quarters for transients
on a daily rental basis or for vacationers or other persons on a weekly
rental basis, provided that one such unit shall not connect directly
with more than one other such unit. Guest units shall not have cooking
facilities. Each unit shall have a door on the exterior of the building
or on a common hallway leading to the exterior. A resort motel may
include such accessory uses as a restaurant, swimming pool or an accessory
convenience shop, barbershop or beauty shop or a manager's office,
provided that such facility has no external sign or display and has
off-street parking facilities. The term "resort motel" shall not be
construed to include an assemblage of mobile homes. A resort motel
shall be deemed to be a transient dwelling. In the event any resort
motel is owned in a cooperative or condominium form, no record owner
shall occupy any such unit except on a transient basis, it being intended
all resort motels be available only for transient use at all times.
Existing and naturally occurring indigenous vegetation which
grows and is maintained without the need for irrigation or applications
of fertilizers, pesticides, herbicides or other substances.
The offices of a newspaper excluding printing services.
A building or structure, lawfully existing at the effective
date of this chapter or any amendment thereto affecting such building
or structure, which does not conform to the dimensional regulations
of this chapter for the district in which it is situated, irrespective
of the use to which such building or structure is put.
Any lot, lawfully existing in single and separate ownership
at the effective date of this chapter or any amendment thereto affecting
such lot, which does not conform to the dimensional regulations of
this chapter for the district in which it is situated. If such lot
shall thereafter be in the same ownership as an adjoining parcel and
such lot shall be less than the required area or width for the district
in which it is situated, it shall be deemed merged with the contiguous
parcel in common ownership and lose its status as a nonconforming
lot, except to the extent that the lot created by the merger of the
two parcels shall remain nonconforming in the same respect.
Any use of a building, structure, lot or land, or part thereof,
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use, which does not conform to the use regulations
of this chapter for the district in which it is situated. A temporary
authorization of a permit for a prohibited use granted by the Board
of Appeals prior to the adoption of this chapter shall not be construed
to establish a nonconforming use, as herein defined, and therefore
any such authorization and its related use shall terminate upon the
expiration thereof.
Parabolic Aluminized Reflector. Commonly referred to as a
"spotlight" or "floodlight." See Appendix L2.[6]
A specific use of a building, structure, lot or land, or
part thereof, which this chapter allows in a particular district in
accordance with the provisions of this chapter.
Any substance used to destroy or inhibit pests such as rodents
and insects.
A retail business primarily for the sale of medicines, drugs,
cosmetics, medical supplies, health products, and similar goods where
the foregoing use occupies no less than 70% of the floor area by said
business and where the revenues from sales of the foregoing equal
or exceed 70% of gross revenues.
A use of a building, structure, lot or land, or part thereof,
which is not listed as a permitted, special exception or accessory
use. All uses not listed on the Table of Uses[7] as a permitted or special exception use or not contained
within the definition of accessory use as a permitted use are considered
a prohibited use.
The patching or restoration or replacement of damaged materials,
elements, equipment or fixtures for the purpose of maintaining such
components in good or sound condition with respect to existing loads
or performance requirements.
[Added 9-9-2014 by L.L. No. 12-2014]
A use in a building having as its sole purpose the preparation and serving of food for consumption on the premises within furnished dining areas and including as a possible accessory the serving of alcoholic beverages with meals, but not including any form of live entertainment or dancing for guests, except as provided for in Chapter 122 of this Code. A restaurant shall not be construed to include any form of drive-in, open-front, curb-service or fast-food eating establishment or any form of tavern, bar, nightclub, discotheque or similar entertainment establishment. Take-out service is a permitted accessory use of a restaurant, provided it is typical, subordinate and customary.
[Amended 10-12-2010 by L.L. No. 10-2010]
A retail store for the sale of food, including delicatessen, mini market, bakery, specialty food product or products shop and/or sandwich shop, but not including a restaurant, fast-food eating establishment, drive-in, open-front or curb-service eating establishment, tavern, bar, nightclub or discotheque. A retail food store shall not include tables or chairs or counters for on-premises consumption, and on-premises consumption in any form shall not be permitted as an accessory use to a retail food store, except as otherwise provided in § 300-11.19.
[Amended 6-10-2014 by L.L. No. 7-2014]
A use of land within a building, in which goods are offered
for sale to the general public as take-out items. Goods sold at a
retail store may include hardware, drugs, food and beverages, furniture
and furnishings, apparel, appliances, sporting goods, office products,
books or other media, and similar products or merchandise. Minor repair
service within the establishment may be undertaken in connection with
product sales.
Any kind of billboard, signboard, pennant or other shape
or device or display used as an advertisement, announcement or direction,
including any text, symbol, lights, marks, letters or figures painted
thereon or painted on or incorporated in the composition of an exterior
facing of a building or structure.
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed or only incidentally
sold, offered or existing upon such lot.
A sign which directs attention to a business or profession
conducted upon the property.
A temporary or permanent sign which directs attention to
a resident's home, a home professional office or a public or semipublic
building.
A sign advertising land or improvements thereto or describing
construction activity or a firm doing work related to construction
on the premises on which the sign is located.
A temporary sign which directs attention to a special activity
or entertainment or one which indicates the location of a real estate
subdivision.
Those components of a system designed to collect, store and
distribute solar energy or wind energy considered individually or
collectively as a system. A solar energy system or wind energy system
component shall be deemed to be accessory structures except where
they are attached to a building, in which case they shall be deemed
to be an integral part of such building. In either case, such installations
shall comply with the applicable dimensional requirements of this
chapter.
A use in one or more districts for which the Planning Board may grant a permit, pursuant to the provisions of Article XI, as a special permit use.
That portion of a building between the surface of any floor
and the surface of the floor next above it; if there is no floor above
it, then the space between the floor and ceiling next above it. A
basement shall be counted as a story, but a cellar shall not be counted
as a story. In the Tidal Flood Hazard Overlay District, that portion
of a structure required to raise the lowest floor above the base flood
elevation shall not be counted as a story unless it is floodproofed
and enclosed. An attic which does not qualify as habitable space under
the New York State Fire Prevention and Building Code shall not constitute
a story.
[Amended 4-21-2016 by L.L. No. 5-2016]
The dividing line between a lot and a street right-of-way.
Anything constructed or erected on or under the ground or
upon another structure or building, excluding at-grade walkways and
access driveways.
Any retail store, operation or enterprise, which retail store,
operation or enterprise has a combined gross floor area of 10,000
square feet or more, whether housed in all or part of a single building
or in all or parts of multiple buildings. For the purposes of this
definition, a retail business housed in multiple units of the same
building (where said units historically were generally used and occupied
by different business uses) or multiple buildings on the same lot
or on adjacent lots shall be considered a single retail store, operation
or enterprise, if the business or businesses within the individual
units or buildings are owned, operated or controlled by a single entity,
either directly or through affiliates. In addition, any building whose
gross floor area equals or exceeds 10,000 square feet shall be considered
a superstore if it contains one or more retail stores even if the
building also contains a use or uses not classified as retail stores.
A use defined otherwise in this section shall not be a superstore.
An artificial pool of water having a depth at any point of
more than 18 inches and a surface area of greater than 25 square feet,
designed or intended for the purpose of bathing or swimming, and including
all appurtenant equipment. A swimming pool shall be deemed a "structure."
A structure constructed at grade on the ground consisting
of a hard base and finished playing area of whatever consistency and
the approximate regulation dimension used to engage in the game of
tennis or similar court games, and having a permanent or temporary
net. A backstop consisting of netting, fencing or similar material
and design to prevent the passage of tennis balls shall also be deemed
part of a tennis court.
A structure composed of poles or other structural elements
which support a covering of fabric or similar material designed as
a temporary or movable shelter.
A building or buildings devoted to showing motion pictures
or stage productions on a paid-admission basis.
Lighting which is directed above the horizontal plane.
A lighting fixture which is installed on a pole owned or
maintained by a public utility but which is designed or intended to
illuminate private property.
A box, container, machine, device or other coin-operated
or attended dispenser of goods or products, such as but not limited
to cigarette machines, soda coolers, ice houses and milk dispensers,
whether designed for or merely utilized on the exterior of buildings
and stores and whether a part of the exterior of the main building
or an auxiliary building or the sole occupant of the lot, regardless
of the size of the machine or equipment unit. "Outdoor vending machine
or equipment" shall be deemed to be an accessory building or a part
of a building where attached to a building.
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
case of retaining walls or bulkheads.
A building for the mere storage of goods and merchandise.
All natural and man-made tidal wetlands, freshwater wetlands,
and underwater lands, including all swamps, bogs, kettlehole bogs
and the like, regardless of the particular types or amounts of vegetation
growing thereon or therein or the absence of same, and wetlands shall
also include all wetlands as defined under 6 NYCRR Parts 661 and 663,
as amended. Artificial lined ponds which are not situate in the groundwater
table shall be deemed excluded from this definition.
An office for the sale or brokerage or rental of boats.
An open, unoccupied space on the same lot with a building
situated between the nearest roofed portion of the principal building
and the front lot line of the lot and extending from side lot line
to side lot line in the case of interior lots. Corner lots shall have
two such front yards situated between the nearest roofed portion of
the principal building and the front lot line along each street. The
depth of the front yard shall be measured between the front line of
the main building and the street line. Any lot bounding on tidal waters
and maintaining a bluff shall exclude any area seaward of the crest
of said bluff in measuring the front yard setback. (See definition
of "lot line, front.") The front yard setback of any lot bounding
on tidal waters and maintaining a bluff shall be taken from the crest
of said bluff.
A space on the same lot with a building situated between
the nearest roofed portion of the principal building or buildings
and the rear lot line of the lot and extending from side lot line
to side lot line. If there is no side lot line on the lot, the rear
yard shall be that space between the nearest roofed portion of the
principal building or buildings and the rear lot line that is not
a front yard.
[Amended 9-9-2014 by L.L. No. 12-2014]
A space on the same lot with a building situated between
the nearest roofed portion of the principal building or buildings
and the side lot line of the lot and extending through from the front
yard, or from the front lot line where no front yard exists, to the
rear yard, or to the rear lot line where no rear yard exists.
[1]
Editor's Note: Former Subsection B(5), which provided that
interior space with a floor-to-ceiling height in excess of 15 feet
shall be counted twice, was repealed 12-12-2017 by L.L. No. 15-2017.
[2]
Editor's Note: Appendix L1, Permitted Fixtures, is included as an attachment to this chapter.
[3]
Editor's Note: Appendix L1, Permitted Fixtures, is included as an attachment to this chapter.
[4]
Editor's Note: Appendix L1, Permitted Fixtures, is included as an attachment to this chapter.
[5]
Editor's Note: Appendix L2, Prohibited Fixtures, is included as an attachment to this chapter.
[6]
Editor's Note: Appendix L2, Prohibited Fixtures, is included as an attachment to this chapter.
[7]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
