Terms defined. As used in this chapter, unless the context or subject
matter otherwise requires, the following words shall have the following
meanings:
ACCESSORY BUILDING
A building subordinate to the main building and used for
purposes customarily incidental to those of the main building.
ACCESSORY USE
Any use of a premises which is subordinate and customarily
incidental to the main use of the premises.
AMUSEMENT DEVICE
A coin-operated device primarily for the entertainment of
the customers, the use of which results in electronic displays and/or
operation or the production of musical entertainment.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
ASSISTED LIVING RESIDENCE
A facility which is licensed by the State of New York as
an assisted living residence and defined accordingly.
[Added 12-7-2022 by L.L. No. 1-2022]
BASEMENT
A story partly underground but having at least 1/2 of its
cubical contents above the level of the adjoining ground.
BOARDER, ROOMER or LODGER
A person occupying any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes, and paying compensation for
lodging or board and lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement shall
be considered a boarder, roomer or lodger.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT
The vertical distance measured, in the case of flat roofs,
from the curb level to the level of the highest point of the roof
beams, and, in the case of pitched roofs, from the curb level to the
highest point of the gable. Where no roof beams exist or there are
structures wholly or partly above the roof, the height shall be measured
from the curb level to the highest point of the building. In case
no curb elevation has been established, the height of a building shall
be measured from the mean natural level of the ground immediately
adjacent to the base of the building.
CELLAR
That portion of a building with half or more of its floor-to-ceiling
height below the average level of the adjoining ground. A cellar shall
not be used or occupied as living or sleeping quarters.
COMMERCIAL VEHICLE
Includes but shall not be limited to any vehicle other than
a personal passenger vehicle or a motorcycle which is primarily designed,
constructed, used or maintained for the transportation of goods, merchandise
or other property or for the livery or transport of passengers for
hire or compensation, whether on a profit or nonprofit basis, or for
the livery or transport of children to or from school or camp or as
the power unit for the hauling of freight or cargo by trailer or semitrailer
or any combination of trailers and semitrailers or any type of nonmotorized
trailer unit. "Commercial vehicle" shall also include but not be limited
to buses, ambulettes, delivery vans, taxis and limousines.
[Added 2-7-2001 by L.L. No. 1-2001; amended 12-12-2012 by L.L. No. 1-2012]
CURB LEVEL
The elevation of the curb at a point opposite the center
of the proposed building front, provided said curb elevation has been
established by the properly authorized authorities.
DEPTH OF LOT
The mean distance from the street line of a lot to the rear
line, measured in the general direction of the sidelines of a lot.
ELECTRONIC CIGARETTE
A battery- or otherwise electronically operated device, commonly
sold at establishments known commonly as "vape shops," which contains
or utilizes one or more cartridges or other containers filled with
a combination of nicotine and liquid or other substance(s) and liquid,
or oil, that is turned into vapor and inhaled by the user.
[Added 6-1-2016 by L.L.
No. 4-2016]
EVENT/CONFERENCE SPACE
A facility capable of hosting conferences, concerts and other
similar special events and gatherings.
[Added 12-7-2022 by L.L. No. 1-2022]
FACADE
The front or chief face of a building.
FAMILY
[Amended 8-14-1996 by L.L. No. 11-1996; 1-7-2004 by L.L. No.
1-2004]
(1)
One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a separate building or dwelling unit in a family like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common. Under this Subsection
(1), there shall be a presumption that four or more unrelated persons living together in a single dwelling do not constitute the factual equivalent of a natural family. Any four or more unrelated persons living together in a single dwelling may, at their option, apply to the Board of Trustees to establish that they are in fact the equivalent of a natural family. The establishment of the following facts, among others, may be utilized to rebut this presumption: the four or more unrelated individuals use all rooms and housekeeping facilities within the dwelling in common; the four or more unrelated individuals cook together as a single housekeeping unit; and the four or more unrelated individuals share expenses for food, rent, utilities or other household expenses.
(2)
Any such number of persons shall not be deemed to constitute
a family if any one of such persons may not have lawful access to
all parts of the separate building or dwelling unit or if any one
or more of such persons lease or rent any separate portion of such
separate building or dwelling unit from any other person.
(3)
It shall be presumed that a separate building or dwelling unit
is occupied by more than one family if any two or more of the following
features may be found to exist by the Building Inspector (or other
person designated by the Mayor and Board of Trustees to enforce this
chapter):
(a)
More than one mailbox, mail slot or post office address;
(b)
More than one doorbell or doorway on the same side of the separate
building or dwelling unit;
(c)
More than one electric meter;
(e)
More than one connecting line for cable TV;
(f)
Separate entrances for segregated portions of the separate building
or dwelling unit;
(g)
Partitions or locked doors barring access between segregated
portions of the separate building or dwelling unit, including bedrooms;
(h)
Separate written or oral leases or rental agreements for the
payment of rent for portions of the separate building or dwelling
unit among its owner or residents; or
(i)
Two or more kitchens, each of which contain a range or oven,
refrigerator and sink, unless it is otherwise proven by evidence presented
to the Building Inspector (or other person designated by the Mayor
and Board of Trustees to enforce this chapter) by the owner or resident
of the separate building or dwelling unit that it is occupied by one
family (all as defined in this section).
(4)
The presumption provided for in this definition shall be rebuttable.
Such presumption shall not preclude the Building Inspector (or any
other person designated by the Mayor and Board of Trustees to enforce
this chapter) from making a determination that the separate building
or dwelling unit is not occupied by one family based on other facts,
whether or not listed in this definition.
FENCE
Any barrier composed of wood, metal, stone, brick or other
material which encloses a lot, tract, or parcel of land, either in
whole or in part, which barrier shall be in excess of five inches
in height above grade.
FLOOR AREA
The sum of gross horizontal areas of the several floors of
the building or buildings or a lot measured from the exterior walls
or from the center line of party walls separating two buildings, excluding:
(2)
Cellar areas used only for incidental storage or for the operation
and maintenance of the building; and
(3)
Any areas devoted exclusively to accessory off-street parking.
FRONT YARD
Any open, unoccupied space on the same lot and extending
from the street wall of the building to the street line of the lot
for the full width of the lot.
GARDEN-TYPE APARTMENT
A group of multifamily dwellings on a single plot where no
building or group of buildings covers more than 25% of the usable
land area of said plot.
HALF STORY
A story under a pitched roof at the top of a building, the
floor of which is not more than two feet below the plate.
HOOKAH BAR
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking of
tobacco or other substances through one or more hookah pipes (also
commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile"),
including, but not limited to, establishments known variously as "hookah
bars," "hookah lounges" or "hookah cafes."
[Added 12-9-2015 by L.L.
No. 5-2015]
HOTEL
A facility offering transient lodging accommodations to the
general public and which may include additional facilities and services,
such as restaurants, meeting rooms, entertainment, personal services
and recreational facilities.
[Added 12-7-2022 by L.L. No. 1-2022]
LEGAL NONCONFORMING USE
Any nonconforming use which, at the time such use was commenced,
was maintainable as a matter of right under the statutes, ordinances
and laws then in effect in the Village of Mineola.
LOT
Any parcel of ground under one ownership which is occupied
or is intended to be occupied by one building and its accessory buildings
or uses and including such open spaces as are required.
MARIJUANA
The term "marijuana" shall have the same definition ascribed
to "marihuana" in § 3302 of the New York Public Health Law.
[Added 1-16-2019 by L.L.
No. 1-2019]
MARIJUANA DERIVATIVES
Substances derived from marijuana including, but not limited
to, cannabidiol or CBD oil, which come from the cannabis plant.
[Added 6-1-2016 by L.L.
No. 4-2016]
MARIJUANA PRODUCT
Marijuana and/or any material, substance or other thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount or concentration.
[Added 1-16-2019 by L.L.
No. 1-2019]
MULTIPLE DWELLING
A building, not a single-family dwelling or a two-family
dwelling, designed for and occupied exclusively for dwelling purposes.
NONCONFORMING BUILDING OR USE
Any building or structure or the use of any land or building
which does not conform to the provisions of this chapter for the zoning
district in which it is maintained.
PRIVATE GARAGE
A garage, group of garages or garage facilities accessory
to a residential building on the same lot and used for the storage
of automobiles.
PROPERTY LINE
The dividing line between a public or private street and
a lot or between lots.
REAR YARD
An unoccupied space, except for the accessory buildings on
the same lot, and extending from the rear line of the building to
the rear line of the lot for the full width of the lot.
REAR YARD DEPTH
The mean distance between the rear line of the building and
the rear line of the lot.
SIDE YARD
An open, unoccupied space on the same lot between the building
and the side lot line and extending from the front building line to
the rear lot line.
STORY
That part of any building comprised between any floor and
the floor or roof next above.
STREET WALL
The wall of the building or part of a building which is enclosed
and nearest to the street line.
STRUCTURE
Any combination of materials forming any construction, including
but not limited to stadiums, tents, trailers, reviewing stands, platforms,
stagings, observation towers, radio towers, television towers, gasoline
pumps, standpipes, tanks of any kind, outdoor bins, pools, walls,
fences, gates, gateposts and display signs.
TERRACE
An open porch or patio without a permanent roof.
TWO-FAMILY DETACHED HOUSE
A building occupied by only two families, with one family
over the other or side by side, and surrounded on all sides above
the ground by space.