The title of this chapter is a "Local Law Regulating and Restricting
the Height, Number of Stories and Size of Buildings and Other Structures,
the Percentage of Lot 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 Purpose in the Village of West Hampton Dunes; and for Said
Purposes Dividing the Village Into Districts; and Providing Fines
and Penalties for the Violation of Its Provisions."
This chapter shall be known and may be cited as the "Zoning
Code of the Village of West Hampton Dunes."
This chapter is adopted for the purpose of promoting the health,
safety and morals or the general welfare of the Village of West Hampton
Dunes and in furtherance of the following related and more specific
objectives:
A.
To guide and regulate the orderly growth, development and redevelopment
of the Village and with general long-range objectives, principles
and standards which are deemed beneficial to the interests and welfare
of the people.
B.
To protect the established character and the social and economic
well-being of both private and public property.
C.
To promote, in the public interest, the utilization of land for the
purposes for which it is most appropriate.
D.
To promote, in the public interest, the preservation of prime agricultural
lands and natural areas through the use of planned residential development.
E.
To secure the maximum recharge of the Village's fresh groundwater
reservoir to assure both the maintenance of the natural environment
and the ecosystems essential to its continued well-being and the optimum
groundwater resource for the human community.
F.
To protect and promote the fisheries and the resort industries of
the Village by preserving a healthful biological and chemical balance
in the adjacent ocean, bays, estuaries and all tributary watercourses
and drainage lines.
G.
To secure safety from fire, panic, flood, storm and other dangers;
to provide adequate light, air and convenience of access; and to prevent
environmental pollution.
H.
To prevent overcrowding of land or buildings and to avoid undue concentration
of population.
I.
To conserve the value of buildings and to enhance the value of land
throughout the Village.
J.
To provide housing sites for residents of the community compatible
with their economic means.
K.
To lessen and, where possible, to prevent traffic congestion on public
streets and highways.
L.
To eliminate nonconforming uses gradually.
M.
To conserve and reasonably protect the natural scenic beauty and
cultural and historic resources of the Village and its environs.
A.
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.
The word "person" includes a profit or nonprofit corporation, company,
partnership or individual.
C.
The word "shall" is mandatory and not directory; the word "may" is
permissive.
D.
The word "lot" includes the word "plot" and the word "land."
E.
The word "structure" includes the word "building."
F.
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.
G.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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 building" may include a private
garage, garden shed, playhouse, swimming pool and private greenhouse.
The term "accessory building" shall not include any building with
sleeping facilities or used for sleeping purposes, except for farm
employees living on a farm owned or leased by their employer.
The cultivation of the soil for food products and other useful
or valuable growths of the field, including agricultural greenhouses.
The normal preparation of such products for market and the incidental
raising of small numbers of livestock and/or poultry for personal
consumption shall be considered accessory uses, provided that they
are not a separate and distinct business.
As applied to a building or structure, a change or rearrangement
of the structural parts or in 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. The term "alter" in its
various modes and tenses and its participial form refers to the making
of an "alteration."
The raising of livestock, poultry, ducks, geese or fur- and
wool-bearing animals as a retail or wholesale business.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption, subject to regulatory
authority of the New York State Liquor Authority and consisting of
one or more of the following characteristics: age restrictions or
cover charges for admission; listening or dancing to music provided
by live entertainment, disk jockeys, jukeboxes or the like; and hours
of operation which extend beyond the normal dining times for breakfast,
lunch or dinner. The accessory or incidental sale of food or snacks
shall not entitle such a use to be considered a restaurant under other
provisions of this Code, but the permanent or temporary removal or
relocation of tables and chairs from a restaurant to permit any of
the aforesaid characteristics shall constitute the creation of a "bar,"
"tavern" or "nightclub" use.
The base flood elevation as shown on the applicable Flood
Insurance Rate Map prepared by the Federal Emergency Management Agency
for the site where the building or structure is located.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average curb level or finished grade of the ground adjoining
the building.
A structure primarily of earth or earthen or similar materials
intended for defense, security, enclosure or screening purposes.
A facility for servicing all types of water craft, as well
as providing supplies, provisions, storage and fueling facilities,
and with facilities for the retail sales of boats, motors and marine
equipment.
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet and intended
for the shelter, housing or enclosure of persons, animals or chattels.
The area computed at the maximum horizontal cross section
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 municipality or any
person duly appointed or designated to act as such inspector.
A facility designed for recreational camping in tents, automotive
camper units or trailers and house trailers and providing community
sanitary facilities and other necessary services.
A story partly underground and having 1/2 or more of its
clear height below finished grade. A "cellar" shall not be counted
as a story in determining the building height.
A not-for-profit corporation, as defined in § 102
of the Not-For-Profit Corporation Law of the State of New York, located
contiguous to an ocean beach and established for the principal purpose
of engaging in ocean bathing, but excluding any form of aviation,
motorboat racing or waterskiing on inland waterways or similar hazardous
sports. Three-fourths of such beach club's membership shall either
own property improved with a dwelling in the Village of West Hampton
Dunes or within a fifteen-mile radius of such beach club or shall
be a lessee of such residential property for a period of not less
than 30 days, during which time said membership shall be effective.
The activities of such a beach club on its off-beach site shall be
limited to its members and their guests and shall not be extended
to the general public.
A not-for-profit corporation, as defined in § 102
of the Not-For-Profit Corporation Law of the State of New York, not
located contiguous to an ocean beach and established for the principal
purpose of engaging in outdoor sports, such as golf, tennis, swimming,
fishing, hunting or similar activities, but not including any form
of aviation, outdoor trap, skeet or target shooting or boating. The
activities of such a club shall be limited to its members and their
guests and shall not be extended to the general public.
A not-for-profit corporation, as defined in § 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," except for the
out-of-water storage of member boats.
A room designed as a bedroom. Rooms having other purposes,
such as dens, living rooms or hallways, are not to be interpreted
as "conventional bedrooms."
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings. An offset to a court
shall be deemed a separate court for the purpose of determining its
required dimensions.[1]
The maximum horizontal dimension of such court at right angles
to the width.
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
Any court which is not an outer court.
A court extending to a street line or other property line
or opening upon any front, side or rear yard.
The horizontal dimension parallel to the principal open side
in the case of an outer court; and the least horizontal dimension
in the case of an inner court.
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 naturally occurring accumulation of sand in wind-formed
ridges or mounds landward of the beach, often characterized by the
natural growth of beach grass.
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 building or group of buildings occupied for dwelling purposes
by three or more families living independently of each other.
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.
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
Any number of persons occupying a single nonprofit dwelling
unit, related by blood, marriage or legal adoption, living and cooking
together as a single housekeeping unit.
Any number of persons, occupying a single nonprofit dwelling
unit, not exceeding five, living and cooking together as a single
housekeeping unit where all are not related by blood, marriage or
legal adoption. A group of persons whose association or relationship
is transient or seasonal in nature, rather than of a permanent and
domestic character, shall not be considered a family.
Notwithstanding the provisions of Subsection B of this definition, a group of unrelated persons numbering more than five shall be considered a family upon a determination by the Zoning Board of Appeals that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection E herein.
In determining whether a group of more than five unrelated person
constitutes a family for the purpose of occupying a dwelling unit,
as provided in this definition, the Zoning Board of Appeals shall
utilize the standards enumerated in this chapter in making said determination.
Before making a determination under this subsection, the Board of
Zoning Appeals shall hold a public hearing, after public notice, as
provided. The fee for such an application shall be $75. Said application
shall be on a form to be provided by the Zoning Board of Appeals.
In making a determination, the Zoning Board of Appeals shall
find that:
The group is one which in theory, size, appearance and structure
resembles a traditional family unit.
The group is one which will live and cook together as a single
housekeeping unit.
The group is of a permanent nature and is neither a framework
for transient or seasonal living nor merely an association or relationship
which is transient or seasonal in nature. Nothing herein shall preclude
the seasonal use of a dwelling unit by a group which otherwise meets
the standards of this subsection at its permanent residence.
In no case shall a dwelling be occupied by more than the number of persons permitted under § 560-35 of this chapter.
All other requirements of this chapter regarding the use and
occupancy of dwelling units shall be complied with.
Any determination under this subsection shall be limited to
the status of a particular group as a family and shall not be interpreted
as authorizing any other use, occupancy or activity.
Persons occupying group quarters, such as a dormitory, fraternity
or sorority house or a seminary, shall not be considered a family.
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both.
A building used for the storage of motor vehicles and all
types of farm machinery and conveyances owned and regularly used by
or on behalf of the owner or tenant of the lot on which it is erected
and only for a purpose accessory to the permitted use of the lot.
A building, other than a private garage, used for adjustment,
painting, replacement of parts or other repair of motor vehicles or
parts thereof, whether or not accessory or incidental to another use.
A structure utilized for seed germination, plant propagation,
hardening-off or forcing or maintenance of a controlled climate to
sustain plant growth otherwise not possible in natural out-of-door
surroundings. The retail or wholesale sales of such products raised
on premises is permitted, except that sale of live or fresh products
not raised or produced on premises shall not be permitted. The sale
of other products produced or otherwise prepared or manufactured off
premises shall be prohibited.
A structure utilized for seed germination, plant propagation,
hardening-off or forcing or maintenance of a controlled climate to
sustain plant growth otherwise not possible in natural out-of-door
surroundings. The retail or wholesale sale of such products raised
on premises is permitted as is the sale of live or fresh products
not raised or produced on the premises. The sale of other products
produced or otherwise prepared or manufactured off premises shall
be permitted only if such products are related to agriculture or horticulture.
An accessory building or structure subordinate to a dwelling,
not exceeding 500 square feet in area, intended and used solely for
the private enjoyment of the residents thereof.
For buildings and structures in any A, B or V Zone as shown
on the applicable Flood Insurance Rate Map (FIRM) prepared by the
Federal Emergency Management Agency for the Village of West Hampton
Dunes, the vertical distance measured from the base elevation at and
along the side of the building or structure fronting on the nearest
street to the highest point of the highest roof or, in the case of
a structure, to the highest point.
In all other cases, the vertical distance measured from the
average elevation of the existing natural grade (before any fill has
been or is proposed to be placed thereon) as established on a plan
prepared by a licensed professional surveyor, at and along the side
of the building or structure fronting on the nearest street to the
highest point of the highest roof or, in the case of a structure,
to the highest point.
Any gainful occupation customarily conducted within a dwelling
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 in no event shall there be any
equipment used in connection with said occupation which is capable
of emanating noise outside the structure. However, "home occupations"
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, lawyer, architect, artist, real estate broker or salesman, insurance broker or agent or teacher, as herein restricted, provided that not more than two persons are employed by or are associated with said office use, who are not members of the family, and that such office may either be in the main building, provided that it shall not occupy more than 1/2 of the area of one floor of said building or, in the case of an accessory structure which is clearly incidental and secondary to the residential building, said office or studio shall not occupy more than the equivalent of 1/2 of the minimum first floor area of the principal dwelling for the respective district as provided in §§ 560-30 through 560-34 of this chapter. There shall be no external evidence other than an announcement sign, and in no event shall there be any equipment within the office which is capable of emanating noise outside the structure. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. 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. 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.
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."
Shall have a quality of significance in American history,
architecture, archaeology and 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 and that is associated with an
event that has made a significant contribution to the broad patterns
of our history; or that is associated with the life of a person significant
in our past; or that embodies the distinctive characteristics of a
type, period or method of construction; or that represents the work
of renowned architect or craftsman; or that possesses high artistic
value; or that represents a significant or distinguishable entity
whose components may lack individual distinction; or that has yielded
or may be likely to yield information in prehistory or history, all
of the above criteria of evaluation being the same required for the
National Register pursuant to the provisions of the National Historic
Preservation Act of 1966. Furthermore, in order to constitute an historical
or cultural landmark within the meaning of this chapter, the authenticity
of the landmark must be acknowledged by the Planning Board and/or
by the Village Historian or such other expert or experts as may be
designated for this purpose by the Village Board.
A parcel of land occupied or capable of being occupied by
one or more principal buildings and accessory buildings or uses in
accordance with the provisions of this chapter, including such open
spaces as are required by this chapter, except that a parcel of land
located within a single-family, residential district (CR-200, CR-120,
CR-80, CR-60, CR-40, R-120, R-80, R-60, R-40, R-20, R-15, and R-1C)
shall be occupied by only one single-family detached dwelling.
The total horizontal area of a lot exclusive of land in the
bed of any street or right-of-way or waterway.
A lot at the junction of and 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 curve at the points of intersection of
the side lot lines intersect at an interior angle of less than 135°.
The portion of the lot areas covered by the area of a structure
or structures.
[Amended 10-16-2004 by L.L. No. 1-2004]
The length of the shortest line which can be drawn from the
front lot line to the rear lot line which crosses the portion of the
lot on which a building can be located.
A lot other than a corner lot.
The street right-of-way line at the front of a lot, except
that:
In the case of a flagpole lot, the front lot line used for the
determination of width of lot and the required front yard shall be
one of the internal lot lines designated by the owner.
In the case of a waterfront lot, with the exception of an oceanfront
lot:
A waterfront lot line shall be considered the front lot line.
The line opposite the front lot line shall be considered the rear
lot line.
When a lot is formed by a waterfront lot line and a street right-of-way
line intersecting, as in this section, such lot shall be considered
a corner lot.
When a rear lot line is a street right-of-way line, the required
rear yard for an accessory building or structure shall be double the
required rear yard in the applicable zone.
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.
A lot extending from one street frontage through to another
street frontage or to a municipal off-street parking lot frontage.
The dimension measured from side lot line to side lot line
along a line perpendicular to the average depth line of the lot at
the required minimum front yard depth or at a depth exceeding the
required minimum front yard which is to be the location of the front
line of the principal building and is commonly called the "building
setback line," provided that rear yard requirements are met.
A facility for the berthing and fueling of all types of recreational
watercraft. The term "marina" shall not be deemed to include the term
"boatyard" or to include out-of-water storage, restaurant or repair
facilities, fishing stations or similar activities.
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 family whose aggregate income, including the total of all
current annual income of all family members from any source whatsoever
at the time of application, but excluding the earnings of working
minors (under the age of 21) attending school full time, does not
exceed the following multiple of $26,500 (which base amount shall
be revised annually every January 31 to conform to the previous year's
change in the consumer price index, New York Metropolitan Area):
|
Number of Persons
|
Multiple
| |
|---|---|---|
|
1
|
0.7
| |
|
2
|
0.9
| |
|
3
|
1.0
| |
|
4
|
1.1
| |
|
5
|
1.2
| |
|
6
|
1.3
| |
|
7
|
1.4
| |
|
8+
|
1.5
|
A building or group of buildings, whether detached or in
connected units, containing individual guest units providing cooking,
sanitary, and sleeping facilities for tourists and vacationers on
a transient basis.
The period from 1:00 a.m. of one day to 6:00 a.m. of the
same day.
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 a 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 held in the same ownership as an adjoining parcel,
it shall 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.
In the event that the application or operation of the nonmerger
provisions of the Zoning Code of the Village of West Hampton Dunes
is hereby amended to provide that in the event that the application
or operation of the nonmerger provisions to any parcel of property
results in the unmerger or deemed nonmerger of lots in a parcel in
any manner in which more than two lots will be unmerged, then the
division or deemed nonmerger of the lots shall be required to be approved
by the Planning Board of the Village of West Hampton Dunes or the
Board of Trustees serving as the Planning Board of the Village.
[Added 5-17-2003 by L.L. No. 5-2003]
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 or any amendment
thereto 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.
All land lying between the mean high-water level and the
crest of the most seaward dune. In cases where there is no dune present,
then the "ocean beach" shall be all land lying between the mean high-water
mark and the naturally occurring beach grass or the upland vegetation
if no naturally occurring beach grass is present.
A specific main use of a building, structure, lot or land
or part thereof which this chapter provides for in a particular district
as a matter of right. Any use which is not listed as a permitted,
special exception or accessory use shall be considered a prohibited
use.
A subdivision of land under the terms of this chapter. A
planned residential development shall be a residential development
of land based on an overall development plan approved by the Planning
Board in accordance with the subdivision regulations procedure in
which the dimensional regulations of this chapter and the type of
housing may be varied and where certain lands are set apart as permanent
open space or common land.
The out-of-doors raising of landscape or ornamental plants
for wholesale. No retail sale shall be permitted either as a principal
or as an accessory use.
Any shelter constructed as an accessory to a private body
of water or receptacle for water used or intended to be used for swimming
or bathing, provided that said shelter is not designed, equipped or
used for cooking or sleeping purposes.
A use of a building, structure, lot or land or part thereof
which is not listed as a permitted, special exception or accessory
use.
A multiple dwelling in which residents have exclusive ownership
of particular dwelling units and, in addition, an interest in the
common elements associated with the building or buildings in which
the particular dwelling unit is located. Interval or time sharing
forms of ownership and use shall be deemed included in this definition.
A multiple dwelling in which residents have an ownership
interest in the entity which owns the building(s) and, in addition,
a lease or occupancy agreement which entitles the residents to occupy
a particular dwelling unit within the building. Interval or time sharing
forms of ownership and use shall be deemed included in this definition.
A type of eating establishment where food and/or beverages are
ordered and purchased over counters in a ready-to-consume state for
consumption within the restaurant building, elsewhere on the premises
and/or for carryout, and/or served from a drive-in/drive-through window,
and whose design or method of operation includes one or both of the
following characteristics:
Bar and lounge areas serving beverages shall be accessory to
the principal restaurant use. The gross floor area devoted to an accessory
bar or lounge area shall constitute no more than 1/4 of the total
gross floor area of the dining area. A fast-food, drive-in, counter-service
or take-out restaurant shall not include those types of eating or
drinking establishments commonly known as "standard restaurants" or
any form of tavern or nightclub.
A type of eating establishment where food and/or beverages are
sold to patrons in a ready-to-consume state and whose design or principle
method of operation includes one or both of the following characteristics:
Customers, normally provided with individual menus, are served
their purchase by a restaurant employee at the same table or counter
where said items are consumed.
A cafeteria/buffet operation where food and/or beverages may
be hand-selected off buffet tables or counters by patrons, who then
bring their selections to furnished dining areas for consumption on
the premises. The provision of accessory self-service salad bars,
garnish bars and the like shall not by itself constitute a cafeteria
or buffet service operation for the purposes of this chapter.
Bar and lounge areas serving beverages shall be accessory to
the principal restaurant use. The gross floor area devoted to an accessory
bar or lounge area shall constitute no more than 1/4 of the total
gross floor area of the dining area. A standard restaurant shall not
include those types of eating or drinking establishments commonly
known as "fast-food," "drive-in," "takeout," "counter-service" or
similar eating establishments, with or without drive-in/drive-through
windows, or any form of tavern or nightclub.
A month, but not more than six months, where any portion
is during the summer.
Any kind of repetitive shooting at targets, including trap
and skeet, and using legally authorized firearms. "Shooting" shall
not be interpreted to include the hunting of game birds and animals.
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 occupation, 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.
A use in one or more districts, for which the Planning Board
may grant a special exception permit.
That portion of a building which is between one floor level
and the next higher floor level or the roof. If a mezzanine floor
area exceeds 1/3 of the area of the floor immediately below, it shall
be deemed a story. A basement shall be deemed to be a story when the
finished floor immediately above is seven feet or more above the average
elevation of the finished grade. A cellar shall not be deemed to be
a story. An attic shall be deemed to be a story where it meets the
requirements for habitable space.
Any federal, state, county or town highway or road or any
street shown upon a subdivision plat filed in the County Clerk's
office and any private road providing access to subdivided land existing
prior to the adoption of this chapter.
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 walkways and driveways.
Any fish trap, gill net, holding net, oyster raft or similar
structure expressly used for the catching or temporary holding of
finfish or the raising of shellfish.
June 1 through August 31 of any year.
An artificial pool of water having a depth at any point of
more than 18 inches and a surface area of greater than 100 square
feet, designed or intended for the purpose of bathing or swimming,
and including all appurtenant equipment.
A structure constructed on the ground consisting of a playing
area of whatever consistency used to engage in the game of tennis
and having a permanent or temporary net. A backstop, if constructed,
consisting of netting, fencing or similar material and designed to
prevent the passage of tennis balls shall also be part of a tennis
court.
The upland area along the shore of the Atlantic Ocean and
the various bays in the Village of West Hampton Dunes where flooding
is anticipated during a standard project design hurricane, including
wind setup and wave run-up factors, as set forth in this chapter and
approximately as determined by the Corps of Engineers in its Interim
Hurricane Study, Atlantic Coast of Long Island, New York, Jones Inlet
to Montauk Point (Remaining Areas), dated December 1965, and as set
forth on the Flood Insurance Rate Map prepared for the Village of
West Hampton Dunes by the Federal Emergency Management Agency, as
may be amended from time to time.
All those areas within the Village of West Hampton Dunes
customarily inundated regularly or intermittently by normal tidal
cycles and/or peak lunar tides, including salt marshes which shall
be presumed to be those areas upon which some, but not necessarily
all, of the following grow or are capable of growing: salt hay (Spartina
patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi),
cordgrass (Spartina alterniflora), saltworts (Salicornia species),
sea lavender (Limonium carolinanus), salt-marsh bulrushes (Scripus
species), sand spurrey (Spergularia marina), high tide bush (Baccharis
halimifolia,) marsh-elder (Iva frutescens), cattails (Typha species),
and spike rush (Eleocharis rostellata).
Daily or weekly.
A dwelling unit for which the maximum monthly rent does not
exceed 1.75% (excluding utilities) or the maximum initial sales price
does not exceed 200% of maximum aggregate annual family income for
a moderate-income family, as defined herein, based upon family size
and dwelling unit size as set forth below:
|
Dwelling Unit Size
|
Family Size
| |
|---|---|---|
|
Efficiency
|
1
| |
|
1-bedroom
|
2
| |
|
2-bedroom
|
4
| |
|
3-bedroom
|
6
| |
|
4-bedroom
|
8
|
The table above shall be utilized solely to determine maximum
monthly rent or initial maximum sales price and shall not be construed
as a limitation on occupancy.
This definition shall also include unimproved lots reserved
for sale to moderate families. The maximum sales price for said lots
shall not exceed the following multiple of $15,000 (which base amount
shall be revised every January 31 to conform to changes in the consumer
price index for the New York Metropolitan Area):
|
Area of Lot
(square feet)
|
Multiple
| |
|---|---|---|
|
Less than 20,000
|
0.7
| |
|
20,000 to 40,000
|
1.0
| |
|
More than 40,000
|
1.3
|
A modification of the regulations of this chapter granted on grounds of practical difficulties or unnecessary hardship pursuant to the provisions § 560-51.
Any motor vehicle as defined by § 125 of the Vehicle
and Traffic Law.
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
cases of retaining walls or bulkheads.
A commercial, recreational or not-for-profit activity, facility
and/or establishment which requires direct access to tidal surface
waters as an integral part of its daily operation. A water-dependent
use shall be construed to include the following activities, facilities
and establishments: marinas, yacht basins and all similar facilities
which provide short-term and/or long-term dockage/berthing for recreational
and commercial watercraft; fishing piers; party/charter/excursion
boat services; boat and canoe rental; and public swimming beach, but
not water-enhanced uses, which are defined separately in this chapter.
A commercial, recreational or not-for-profit activity, facility
and/or establishment that does not absolutely require a waterfront
location in order to function, but which contributes to the economic
viability of water-dependent uses, or which increases the public's
enjoyment of the waterfront. Water-enhanced uses shall be construed
to include restaurants; resort motels; bed-and-breakfasts; retail
shops/outdoor markets; offices of marine-related services; marine-related
not-for-profit philanthropic, fraternal, scientific research, social
or educational institutional offices or meeting room; picnic grounds;
public parks; maritime museums and outdoor theaters.
Weekly, but not to exceed a month, by the same person in
any calendar year.
An accessory structure designed and constructed or erected
for the purpose of converting wind energy into mechanical or electrical
power.
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.
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.
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: See diagrams for court and open space
situations on file in the office of the Town of Southampton Clerk.
