For the purposes of this chapter, certain words and terms used
herein are specifically defined. Defined words are printed in italics throughout the text.
The following rules of construction apply to the language of
this chapter:
2.2.1
The specific shall control the general.
2.2.2
All words used in the present tense include the past and the future
tense.
2.2.3
All words in the singular number include the plural number, and vice-versa,
unless the natural construction of the wording indicates otherwise.
2.2.4
Words used in the masculine gender include the feminine and neuter,
and vice-versa, unless the natural construction of the wording indicates
otherwise.
2.2.5
The word "shall" is mandatory; the word "may" is permissive.
2.2.6
The word "includes" shall not be limited to the specified examples
but is intended to extend its meaning to all other instances or circumstances
of like kind or character.
2.2.7
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunction "and," "or," "either...or," the conjunction shall
be interpreted as follows:
2.2.7.1
"And" indicates that all of the connected items, conditions, provisions
or events shall apply.
2.2.7.2
"Or" indicates that the connected items, conditions, provisions or
events shall apply singly but not necessarily in combination.
2.2.7.3
"Either. . .or" indicates that the connected items, conditions, provisions
or events shall apply but not in combination.
2.2.8
A "building" or "structure" includes
any part thereof.
2.2.9
The words "lot," "plot" and "tract of land" shall
each include the other.
2.2.10
The word "premises" shall include land and any improvements thereon.
2.2.11
References made to "officials" and "official bodies" shall mean officials
and official bodies of the Town of Oyster Bay, unless the natural
construction of the wording indicates otherwise.
2.2.12
Unless otherwise specified, all distances shall be measured horizontally.
2.2.13
In case of any difference of meaning or implication between the text
of this chapter and any caption or illustration, the text shall control.
Where terms are not defined, they shall have their ordinarily
accepted meaning consistent with their context.
The raising of fruits, vegetables, nursery stock and the
like, and structures incident thereto, including
the retail sale of products grown on the premises, but not including
the raising, breeding or keeping of animals.
A machine or structure that is intended
for the amusement or recreation of a patron, including but not limited
to sport-related games such as basketball, golf or football, pinball
games, video or computer games and other similar games.
[Amended 10-16-2012 by L.L. No. 3-2012]
An establishment, other than an animal hospital or veterinary office or clinic principally used for the overnight boarding of animals.
A building for the medical and/or surgical
care of sick or injured animals, and including the overnight boarding
of such animals for a period of time in connection with primary medical
and surgical care.
Any sign that blinks or uses movement or
change of lighting to depict action or to create a special effect
or changing scene.
Annual household income as defined by the
U.S. Department of Housing and Urban Development (HUD) under its HOME
Program.
[Added 11-9-2004 by L.L. No. 16-2004]
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
[Amended 9-12-2017 by L.L. No. 6-2017]
See "dwelling unit."
[Amended 10-16-2012 by L.L. No. 3-2012]
A building, portion of a building or group
of buildings that provide dwellings in a residential environment where
individual cooking facilities are limited to microwave ovens and/or
cooktops, with assistance available by way of common meals, housekeeping
and personal services. Occupancy is restricted to persons 62 years
of age or older or couples, one of whose member is 62 years of age
or older who may have difficulties with one or more essential activities
of daily living, such as feeding, bathing, dressing or mobility.
[Amended 6-14-2022 by L.L. No. 6-2022]
Computed by using the actual front yard setbacks of existing buildings in the same zoning district
within a two-hundred-foot distance from each side yard of the subject property, including any principal building which may exist on the subject property. If the 200 feet is interrupted
by an intersection, only the front yard setbacks up
to that intersection shall be used in calculating the average. Where
existing buildings within 200 feet on either side
have a front yard setback which is greater than the
maximum required front yard setback as set forth
in § 246-5.3, Schedule 246.5.3, Schedule of Dimensional
Regulations, the maximum required front yard setback shall be used in the calculation. (See Figure 2-1 at the end of
this chapter.)
[Amended 7-22-2003 by L.L. No. 7-2003; 4-25-2006 by L.L. No.
5-2006]
Any sign of flexible or lightweight fabric
or similar material that is mounted or attached to a pole or a building. Flags shall not be considered banners.
A building or any part thereof in which
there is primarily served and offered for sale beer, wine, and/or
liquor for consumption on premises.
[Amended 10-16-2012 by L.L. No. 3-2012]
That portion of a building that is partly
or completely below grade.
[Amended 10-16-2012 by L.L. No. 3-2012]
Activities, structural improvements, maintenance procedures,
prohibitions of certain practices, and other stormwater management techniques that help reduce the quantity and improve the quality
of stormwater runoff. BMPs include treatment requirements,
operating procedures, and practices to control site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw material
storage.
[Added 9-21-2004 by L.L. No. 12-2004]
A facility for servicing and constructing watercraft, as
well as providing supplies, provisions, out-of-water boat storage,
fuel, sewage pumpout accommodations, and facilities for the rental
and retail sale of boats, boat engines, and other marine equipment.
[Added 1-20-2004 by L.L. No. 2-2004]
Any structure having a roof which is self-supporting,
or supported by columns, air pressure or walls and intended for the
shelter, housing or enclosure of persons, animals
or chattel.
A building or structure subordinate to and separated by a distance of more than three feet
from the principal building on a lot and used for
purposes customarily incidental to those of the principal
building. Where an accessory building or structure is attached to the principal building, such accessory building or structure shall be considered part of the principal building. No accessory building or structure shall exceed
1/3 of the maximum permitted building coverage of
the district in which it is located; exceed 40% of the building
coverage of the principal building on the lot, contain a cooking, sanitary and/or sleeping facility,
or be used as a dwelling; or, be located less than
three feet from another building. (See Figure 2-3
at the end of this chapter.)
[Amended 7-22-2003 by L.L. No. 7-2003; 10-16-2012 by L.L. No.
3-2012; 6-14-2022 by L.L. No. 6-2022]
The sum of the maximum horizontal cross-sectional area of
the building(s) on a lot, excluding
cornices, eaves or gutters not projecting more than 18 inches; one-story unenclosed and unroofed porches, balconies, decks
or terraces not more than three feet above grade; steps; and bay windows
not extending vertically more than one story and
not projecting more than five feet.
[Amended 7-22-2003 by L.L. No. 7-2003]
The building area and the area of all parking
garages divided by the lot area. (See Figure 2-5
at the end of this chapter.)
The mean vertical distance measured from the mean finished
grade or existing natural, undisturbed grade (as determined by the
Commissioner of the Department of Planning and Development), whichever
is lower, adjacent to the exterior walls of the building to the level of the highest elevation of the roof. (See Figure 2-4
at the end of this chapter.)
[Amended 7-22-2003 by L.L. No. 7-2003; 4-25-2006 by L.L. No.
5-2006; 10-16-2012 by L.L. No. 3-2012]
A building in which is conducted the principal use of the lot on which such building is situated. (See Figure 2-3 at the end of this
chapter.)
Any sign indicating the name of a building, date and incidental information about its construction,
which sign is of or cut into a masonry surface or
made of bronze or other similar quality permanent material.
A shelter or building on a beach or at a swimming pool used as a bathhouse.
Any premises where, in conjunction with the sale or service
of food and/or drinks, patrons are intended to dance to live or recorded
music and/or to be entertained by performers. The concept of dinner-theater is included within this definition.
Any sign that is part of or attached to
an awning, canopy or other plastic or structural protective cover
over a door, entrance, window or outdoor service area. A marquee is
not a canopy. For the purposes of regulation in this section, a canopy sign shall be considered a wall sign.
Any premises, a principal use of which is
to regularly serve food and/or alcoholic beverages to patrons on a
group basis, for functions, occasions or events, and where the facilities
are capable of serving a meal to 99 or more persons at one sitting.
See "basement."
[Amended 10-16-2012 by L.L. No. 3-2012]
A sign or portion thereof with characters,
letters or illustrations that can be electronically changed or rearranged
without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day
shall be considered an animated sign and not a for
purposes of this section. The following are not considered changeable copy signs for the purposes of this section:
a sign on which the only copy that changes is an
electronic or mechanical indication of time or temperature; nonelectronic
manually changeable signs; and fast food restaurant menu boards located
in drive-thru lanes which shall be considered a freestanding or building
sign.
[Amended 6-14-2022 by L.L. No. 6-2022]
Any person, partnership or corporation:
[Added 3-31-2009 by L.L. No. 3-2009]
Loaning money on deposit or pledge of personal property, other
than securities or printed evidences of indebtedness; or
Dealing in the purchasing of personal property on condition
of selling back at a stipulated price; or
Designated or doing business as a furniture storage warehouseman,
and loaning and advancing money upon goods, wares or merchandise pledged
or deposited as collateral security.
Any sign wording, logo or other representation
that, directly or indirectly, names, advertises or calls attention
to a business, product, service or other commercial activity.
A vehicle bearing a commercial livery or taxi license plate
or, in the event the vehicle is not registered, a vehicle that is
other than a passenger car, or is designed to refrigerate, cook or
sell food or to carry a cargo of flammable or other hazardous
materials.
[Added 1-18-2005 by L.L. No. 1-2005; amended 10-16-2012 by L.L. No.
3-2012]
A building, portion of a building or group
of buildings containing three or more dwelling units where individual
cooking facilities are limited to microwave ovens and/or cooktops,
specially designed for use and occupancy by the elderly, including
a common dining facility and other common amenities and whose occupancy
is restricted to persons 62 years of age or older or couples, one
of whose member is 62 years of age or older.
[Amended 6-14-2022 by L.L. No. 6-2022]
Land, buildings and facilities including
a golf course, dining facilities, a yacht club or beach club, or a
combination of these uses, for the purpose of accommodating not-for-profit
recreational, social and similar activities for the exclusive use
of its members.
[Amended 1-20-2004 by L.L. No. 2-2004]
See "cabaret."
An establishment licensed by the State of New York that is
engaged in the care of infants, children or the elderly outside of
a family home, where medical care or delinquency
correction is not the principal use and where overnight
accommodations are not included in the services provided. Family and group family day care is excluded
from this definition because it is separately and exclusively regulated
by the New York State Office of Children and Family Services.
A unit of measurement of intensity of sound (the sound pressure
level).
See "cabaret."
The removal of vegetation or soil, or any filling, draining, grading, excavation or other such activity which alters
the condition of land.
[Added 6-24-2008 by L.L. No. 8-2008]
Any action to change, interfere with or otherwise destroy natural vegetation beyond that required for customary vegetation
management purposes.
[Added 9-21-2004 by L.L. No. 12-2004]
Solid particulate matter capable of being
air- or gas-borne.
A building containing one or more dwelling units.
A dwelling containing three or more dwelling units. The term shall include "apartment."
A dwelling containing one dwelling
unit.
A dwelling containing two dwelling
units.
A building or portion thereof providing
complete housekeeping facilities for one family,
including independent cooking, sanitary and sleeping facilities, and
that is physically separate from any other dwelling unit.
A dwelling unit sharing a common side or
rear wall or walls without openings with another dwelling
unit, but occupying the entire volume within its portion
of the building from the lowest level to the roof,
and having its own separate entrance or entrances to the outside.
The term is intended primarily for such dwelling unit types commonly referred to as "townhouses."
A one-family dwelling which does not abut
any other dwelling.
A family is:
A householder plus one or more persons related
by blood, marriage or adoption and limited to the spouse, parents,
grandparents, children, grandchildren, brothers or sisters of the
householder or of the householder's spouse, living together as a single,
not-for-profit housekeeping unit sharing kitchen facilities;
or
A group of persons, comprising a not-for-profit
housekeeping unit, headed by a householder caring for a reasonable
number of individuals in a family-like living arrangement
which to all outward appearances is the functional and factual equivalent
of a family of related persons;
or
A maximum of four persons, living in a not-for-profit
housekeeping unit, not all of whom share a relationship as described
above.
May consist of a woven wire, woven wood, picket, board or
PVC.
[Amended 10-16-2012 by L.L. No. 3-2012]
A homebuyer who has had no ownership in a principal residence
during the five-year period immediately prior to the date of purchase
(contract date) of the property. Such a homebuyer includes anyone
who has only owned a residence with a former spouse while married
or one who has only owned a principal residence not permanently affixed
to a permanent foundation, or a property that was not in compliance
with state, local or model building codes and cannot
be brought into compliance for less than the cost of constructing
a permanent structure.
[Added 11-9-2004 by L.L. No. 16-2004]
A shorefront business selling bait, renting or selling tackle,
and renting boats and other fishing supplies and equipment for local
use; or any private property on which members of the public are charged
a fee to fish from a dock, a pier, or the shore.
[Added 1-20-2004 by L.L. No. 2-2004]
A retail establishment specializing in the sale of fresh
fish, shellfish, and other seafood which, with the exception of minor
preparatory tasks, are processed at an off-site seafood processing
facility, and which are sold to area restaurants and
the general public. A wholesale canning or packaging facility which
prepares seafood for distribution to retail stores for sale shall
not be constructed as a fish market.
[Added 1-20-2004 by L.L. No. 2-2004]
A facility containing equipment and/or space used by members
and/or nonmembers for the purpose of physical fitness, including gyms,
health clubs and other similar facilities.
[Added 4-25-2006 by L.L. No. 5-2006]
Any noncommercial symbol, including flags of the Town, the state, foreign nations having diplomatic relations
with the United States and any other flag adopted
or sanctioned by an elected legislative body of competent jurisdiction,
that is woven into, painted or printed on or otherwise attached to
any flexible or lightweight fabric or similar material. Any similar sign not meeting one or more of these conditions shall be
considered a banner sign and shall be subject to
regulation as such. The flag of the United States
of America shall not be subject to regulation by this chapter.
A lot whose buildable area, i.e. the "flag" portion, is connected to the street or right-of-way giving access to it by a strip of land, i.e. the
"pole" portion, whose principal purpose is to provide legal and/or
actual physical access to the buildable area. In general, the buildable
area of a flag lot is located to the rear of another lot(s) fronting on the same or an intersecting street.
[Added 7-10-2001 by L.L. No. 3-2001]
The sum of the horizontal areas of all floors of a building, including interior balconies and mezzanines, but
excluding uncovered exterior balconies, decks or porches. All horizontal
dimensions of each floor are to be measured from the exterior faces
of the walls of each such floor, including all roofed-over areas,
or from the center line of party walls with any adjoining building. In computing gross floor area, attic space having a headroom of less than seven feet six inches, cellar and basement space, floor space
used exclusively for mechanical equipment and building maintenance or service purposes (e.g., elevators, HVAC, required
stairways, public restrooms, etc.), and floor space used for off-street
parking and/or loading purposes shall be excluded. Notwithstanding
the foregoing, that portion of gross floor area comprising
any covered plaza or similar pedestrian common area amenity which
is not used directly for commercial purposes shall be excluded in
calculating required off-street parking and loading spaces, except
for any kiosk or similar commercial facility, the area of which shall
be included.[1]
[Added 2-13-2007 by L.L. No. 4-2007]
The sum of the horizontal areas of all floors of all buildings, on a lot, measured from the
exterior faces of the walls of each floor. Gross floor area includes the area of all structures on the premises including garages,
roofed-over balconies, decks, [except for decks not more than three
feet above grade], or porches except for unenclosed roofed-over porches
up to six feet in width which face a street or extend
continuously from the street side to the side yard( wrap-around porch)], attic space and loft floor
space, if any. The floor area of any basement having
a headroom of seven feet or more (measured from the floor of the basement
to the lowest point of the floor framing above) (including conversions
of all basements to finished storage and/or habitable space) shall
also be counted in all residential zoning districts except R1-20,
RI-1A, R1-2A and R1-5A. The floor area of any space
which exceeds 10 feet in height, excluding garages and excluding second story floor space where the extra ceiling height is within
what would otherwise be attic space, shall be counted at 1.5 times
their actual floor area. The area of any detached
garage shall be included if it exceeds 400 square feet in area.
[Added 2-13-2007 by L.L. No. 4-2007; amended 6-24-2008 by L.L. No.
8-2008; 12-16-2008 by L.L. No. 15-2008; 1-24-2023 by L.L. No. 1-2023]
The gross floor area of all buildings on a lot, including accessory buildings, divided by the total lot area. (See Figure 2-5
at the end of this chapter.)
Any sign supported by structures or supports that are anchored in the ground and are independent
from any building.
The distance from the closest point of a building on a lot to the front lot line, measured perpendicular to the closest point of the front
lot line.
The extent of a lot along a street. (See Figure 2-6 at the end of this chapter.)
All or any part of any building, structure or room within which is located more than two amusement devices.
Any floor area designed to be used for living,
sleeping or cooking purposes, enclosed on all sides by permanent walls
and having a headroom of at least seven feet six inches.
Any material, substance or chemical which, if spilled or
released, would represent a present or potential future danger to
public health or the environment, including any toxic, caustic or corrosive chemical, radioactive material or other similar
substance which is identified in any Town, county, state or federal
regulation as posing or potentially posing such a danger,
[Added 9-21-2004 by L.L. No. 12-2004]
A measurement designed to regulate the height of buildings in relation to topography and setbacks. This ratio effectively creates an imaginary inclined plane beginning at the mean natural grade of the portion of the lot line facing the building and rising
toward the building at the ratio specified elsewhere
in this chapter. (See Figures 2-11.1, 2-12, 2-13 and 2-14 at the end
of this chapter.)
[Added 2-13-2007 by L.L. No. 4-2007]
A landing area for the exclusive use of helicopters, including
servicing, storage and refueling.
An accessory use within a dwelling that involves a professional activity offering skilled services
to clients, such as those services offered by a physician, dentist,
lawyer or engineer, and which involves a limited number of nonresident
employees and a limited number of business-related visits.
[Added 7-22-2003 by L.L. No. 7-2003]
An accessory use within a dwelling that involves activities which only require the use of typical light office equipment, and which involve no nonresident employees
and no business-related visits.
[Added 7-22-2003 by L.L. No. 7-2003]
Any sign that is illuminated by or created
from an artificial light source, including, but not limited to, neon signs, signs illuminated by a light source
that is either internal or external to the sign itself
and signs illuminated by exposed bulbs.
A sign that has a noncommercial purpose
accessory to the principal use of the lot on which it is located, such as "NO PARKING," "ENTRANCE," "LOADING
ONLY," "TELEPHONE" and other similar directives.
A system of pest control that employs multi-disciplinary
knowledge to manage pest problems in a way that optimizes results
while minimizing any potential environmental impact.
[Added 9-21-2004 by L.L. No. 12-2004]
That portion of a building designed for
the storage and cooking or preparation of food, having at least but
not limited to facilities for cooking, a sink and refrigerator.
[Amended 10-16-2012 by L.L. No. 3-2012]
The processing, fabrication, assembly, treatment, packaging
and incidental storage and distribution of products made predominantly
from previously prepared materials and/or finished products or parts
and excluding basic industrial processing finished products or parts
and excluding basic industrial processing.
A building or portion thereof offering overnight
accommodations for transient guests for compensation, either with
or without meals, and possibly providing ancillary uses to meet the
needs of registered guests such as restaurants, meeting
rooms and recreational facilities. This definition shall include hotels,
motels and inns.
An individual parcel of land shown on a subdivision plat
filed at the office of the Nassau County Clerk either
as approved by the Nassau County Planning Commission, or as legally
filed at the office of the Nassau County Clerk prior
to the granting of subdivision approval authority to the Nassau County
Planning Commission.
The total horizontal area included within lot lines, except that:
[Amended 7-10-2001 by L.L. No. 3-2001; 6-24-2008 by L.L. No.
8-2008]
For lots created after July 20, 2001, lot area shall exclude any portion of the lot which is less than 1/3 of the required lot width as measured at right angles to its depth; and
For lots created after the effective date of
this amendment, lot area shall exclude 75% of any wetland areas, as well as 50% of any steep slope areas, both as defined herein.
A lot at the junction of and abutting on
two intersecting streets.
That percentage of a lot covered by the
combined area of all buildings, structures, paved areas and other impervious surfaces.
[Added 9-21-2004 by L.L. No. 12-2004]
The mean horizontal distance between the front and rear lot lines, measured in the general direction
of the side lot lines.
A lot having frontage on
two or more streets. This term shall apply to both corner lots and through lots.
A property line bounding a lot.
In the case of a lot abutting upon only
one street, the lot line separating
the lot from the street. In the
case of a corner lot in a residence district, the
shortest frontage abutting a street shall be considered to be the front lot line. In
addition, in the case of a lot having frontage on two or more streets, the front setback and all other requirements of this chapter applicable to front yards shall apply to all street frontages. (See Figure 2-6 at the end of this chapter.)
[Amended 7-22-2003 by L.L. No. 7-2003]
The lot line which is generally opposite
the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes
to a point at the rear, the rear lot line shall be
deemed to be a line parallel to the front lot line, not less than 10 feet in length, lying wholly within the lot and farthest from the front lot line. (See Figure 2-7 at the end of this chapter.)
Any lot line other than the front
lot line and the rear lot line.
The width of a lot measured parallel to
the front lot line at the minimum required front setback. Such minimum lot width shall
be maintained to at least the minimum required rear yard. (See Figure 2-8 at the end of this chapter.) For any lot created after July 20, 2001, lot width shall be
measured parallel to and at the front lot line and
shall be maintained to at least the minimum required rear
yard. Lot width and frontage may be reduced in the front yard to not less than
1/3 of the minimum dimension required in the district in which it
is located provided that said lot's frontage is on a cul-de-sac or on the outside of a curve with a horizontal
radius of 500 feet or less and further provided that the required lot width is met at the front yard setback.
[Amended 7-10-2001 by L.L. No. 3-2001]
The cultivation of marine organisms, including such protein
foods as oysters, clams, mussels, and other shellfish in their natural
environment, on underwater farmlands.
[Added 1-20-2004 by L.L. No. 2-2004]
A facility which conducts marine-related research for the
purpose of developing methods, strategies, and technologies designed
to support mariculture activities, including increasing
the health, yield, quality, sustainability and profitability of fish
and shellfish stocks.
[Added 1-20-2004 by L.L. No. 2-2004]
A facility for the berthing, fueling, and furnishing of sewage
pumpout equipment and supplies and provisions for all types of recreational
watercraft. The term "marina" shall not be deemed
to include the term "boatyard" or to include out-of-water
storage, repair, or vessel construction facilities.
[Added 1-20-2004 by L.L. No. 2-2004]
An institution which provides instruction in the physical,
chemical, biological, ecological, geological, historical, economic,
or navigational aspects of the marine environmental or similar instruction
relating to marine coastal, and waterfront issues and resources.
[Added 1-20-2004 by L.L. No. 2-2004]
A grouping of two or more marine-related business uses developed in accordance with an approved master site plan for
unified parking, shared access, landscaping, pedestrian circulation,
architecture, stormwater control, waste disposal
and the like and which will support such uses as retail businesses
which provide commodities to persons or businesses
occupying or utilizing waterfront areas, including boat sales, sale
of boat engines, marine-related supplies and accessories, fishing
equipment, and other similar items.
[Added 1-20-2004 by L.L. No. 2-2004]
Any sign attached to, in any manner, or
made a part of a marquee.
A building designed and used for the diagnosis
and treatment of human patients that does not include overnight care
facilities.
For lots created after the effective date
of this amendment, a contiguous area which excludes wetlands and steep slopes, both as defined herein, and whose
minimum dimension in all directions is at least equal to 1/2, of the
minimum required lot width in the zoning district
in which it is located.
[Added 6-24-2008 by L.L. No. 8-2008]
A facility used principally for the indoor sale and display
of new motor vehicles of a specific brand or brands of vehicle and/or
the leasing or rental of motor vehicles, which use may include accessory
maintenance, servicing and outdoor storage of such vehicles. See also
"outdoor motor vehicles sales."
[Amended 7-22-2003 by L.L. No. 7-2003]
A not-for-profit institution devoted to the procurement,
care and display of objects of lasting interest.
Existing and/or naturally occurring indigenous plant growth
which does not require artificial irrigation or the application of
fertilizer, pesticides, herbicides or other such substances for its
maintenance and which has been undisturbed for a period of at least
20 years.
[Added 9-21-2004 by L.L. No. 12-2004]
See "cabaret."
Any sign that does not conform to the requirements
of this section.
Any sign located in a residential district
for a legally permitted nonresidential principal use and which sign is accessory to such use and contains
no commercial message except for the identification
of the permitted nonresidential use on the premises where the sign is located.
A sign required pursuant to the provisions
of this chapter, and intended for the display of the date, time and
location of public meetings related to site plan, special permit and
zoning applications to be heard before the Town Board or Planning
Advisory Board.
A means of dividing the range of sound frequencies into octaves,
in order to classify sound according to pitch.
An instrument, standardized by the American National Standards
Association, used in conjunction with a sound level meter to take measurements in specific octave bands.
A building or portion of a building wherein services are performed involving predominantly administrative,
professional or clerical operations.
Any vegetated area of land, including undisturbed areas of natural vegetation, landscaped areas, buffer planting areas,
forests, meadows, groundwater recharge areas, wetlands, waterbodies and other similar natural features,
but excluding buildings, structures, all types of pavement including stone and gravel, and all other
impervious surfaces. The approval of any site plan or subdivision
plat showing open space within a special groundwater
protection area must consider the impact of such open space, and the uses permitted thereon, including recreational uses, on
the basic objective of protecting water quality and maximizing groundwater recharge capabilities.
[Added 7-22-2003 by L.L. No. 7-2003]
A facility used primarily for the outdoor sale, rental, leasing,
display or storage of motor vehicles other than an accessory
use to a motor vehicle dealership, and which
does not provide on-site maintenance or servicing of motor vehicles.
See also "motor vehicle dealership."
A one-family dwelling altered to include
a second kitchen for the sole use by a member of
the immediate family of the resident/owner. It is
understood that a member of the immediate family of
a resident/owner shall be deemed to be a resident/owner's spouse,
children, mother, father, brother, sister, grandparents, step-parents,
step-children, mother-in-law, father-in-law, brother-in-law, sister-in-law,
daughter-in-law, son-in-law, grandchild, aunt (limited to a sister,
natural born or adopted, of the resident/owner's father or mother)
or uncle (limited to a brother, natural born or adopted, of the resident/owner's
father or mother).
[Amended 10-16-2012 by L.L. No. 3-2012; 6-26-2018 by L.L. No. 6-2018]
Any finely divided liquid or solid matter, including smoke, capable of being air- or gas-borne.
An area laid or covered with material (such as asphalt or
concrete) that forms a firm level surface. Gravel and crushed stone
are not considered a paved surface for purposes of
this section unless applied on top of an asphalt or concrete surface.
[Added 6-14-2022 by L.L. No. 6-2022]
Any individual, association, company, corporation, firm,
organization or partnership of any kind.
Any sign not permanently attached to the
ground or other permanent structure and only to be
displayed during normal business hours. This includes, but is not
limited to, menu and sandwich board signs and signs attached to or painted on vehicles visible from the
public right-of-way, unless said vehicle is regularly used for other
substantial purposes in the normal day-to-day operations of the business.
A building used for the storage of noncommercial
automobiles 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.
Land, buildings and facilities operated
by a membership corporation, association or fraternal order for the
purpose of accommodating not-for-profit recreational, social, literary
or similar activities for the exclusive use of its members.
Any kindergarten, primary or secondary school not operated
by a public school district but conducting a regularly scheduled comprehensive
curriculum of study similar to that of a public school and operated
in accordance with the Education Law of the State of New York.
The office of an attorney admitted to practice
in the State of New York, or a certified public accountant, a professional
engineer, or an architect, all as defined in the Education Law of
the State of New York, or a medical office.
Any sign affixed to a building or wall in such a manner that any part of said sign extends more than six inches beyond the surface of such building or wall.
A building, other than a private
garage, used for housing, storage or repair or trucks, trailers
and automobiles, whether or not accessory or incidental to another
use.
A use containing four or more stalls or places, allotted
on payment of rents or fees, open to the general public for the purchase
of retail goods, wares, produce, farm products or other merchandise.
A water flow device with a minimum of two independently acting
check valves, together with an automatically operated pressure differential
relief valve located between the two check valves.
An establishment which conducts investigations in the natural,
physical or social sciences, or engineering and development, as an
extension of investigation with the objective of creating end products.
An enterprise primarily engaged in preparing and serving
food and beverages intended to be consumed on the premises by patrons
seated and served at tables or counters, but not including a fast-food restaurant.
An establishment whose principal business is the sale of
foods, including desserts or beverages, in ready-to-consume servings,
for consumption either within the restaurant building or for carry-out, and where either: (1) foods, including desserts
and beverages, are usually served in paper, plastic or other disposal
containers, and where consumers are not served by a restaurant employee at the same table or counter where the items are consumed;
and/or (2) the establishment includes a drive-through service facility.
This term does not include a retail grocery store, convenience store,
delicatessen, dairy store, candy store or other similar outlet selling
food items primarily for home consumption; and does not include a restaurant providing a minor proportion of carry-out service,
provided that such carry-out service is not the principal business
of such restaurant.
A chart which is issued by the federal Bureau of Mines and
which is used for determining the density of smoke.
The slope of a roof, or any section of a roof, measured as
the ratio of vertical distance to horizontal distance.
[Added 6-24-2008 by L.L. No. 8-2008]
Any sign attached to a building which extends vertically above the eave line of a roof.
Any building containing three or more rooming units. The term shall include "boardinghouse" and
"lodging house."
One or more rooms, with or without private bathroom facilities
but without private cooking facilities, which are rented or available
for rent for residence purposes.
A building or group of buildings divided into separate storage compartments that are rented or leased
to individuals or businesses for self-storage of property. A self-service storage facility may include one apartment for a resident manager.
[Added 7-22-2003 by L.L. No. 7-2003]
A structure or device for visual communication
which is used for the purpose of bringing the subject thereof to the
attention of the public. See § 246-11 of this chapter.
The distance from the lot line to the nearest
point of the sign.
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
A measure of the quantity of smoke being
discharged, obtained by multiplying the smoke density
in a Ringelmann Smoke Chart by the time of emission
in minutes. For example, the emission of Ringelmann Smoke
Chart Number 1 for one minute equals one smoke unit.
Garbage, hazardous waste, industrial waste, pathological
waste, rubbish and solid waste as defined in Chapter 201 of the Code of the Town of Oyster Bay, as amended.
Any facility designed to sort, compact, transfer, treat,
bale, recycle, ship, store, dispose of or otherwise process solid waste after the initial solid waste collection process.
An instrument, standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
A geographic area, whether natural or man-made and whether
on one or more lots, which has a ratio of vertical
distance to horizontal distance of 25% or more over a horizontal area
measuring at least 25 feet in all directions, based on two-foot contour
intervals (see illustration below of how slope is measured).
[Added 6-24-2008 by L.L. No. 8-2008]
|
Illustration of Slope Measurement
 |
An accessory building on a residential property,
no larger than 200 square feet in area and no taller than 10 feet
in height, used exclusively by the principal use of
the property for storage purposes.
[Added 7-22-2003 by L.L. No. 7-2003]
A plan for controlling stormwater runoff
and pollutants from a site during and after construction activities.
[Added 9-29-2009 by L.L. No. 9-2009]
That portion of a building included between
the upper surface of any floor and the upper surface of the next floor
above, except that the top story shall be that portion
of a building included between the upper surface
of the topmost habitable floor and the ceiling or roof above. A basement or cellar shall not be considered
a story. An intermediate floor between the floor
and ceiling of any story, covering less than 1/3
of the floor area immediately below the intermediate
floor shall be considered a mezzanine, which shall also not be considered
a story. (See Figure 2-9 at the end of this chapter.)
An existing state, county or Town road or a road shown upon
a subdivision plat duly filed and recorded in the Office of the Nassau
County Clerk.
Anything constructed or erected which requires location on
the ground or attachment to something having location on the ground,
including buildings, fences, walls,
tennis courts, pools and decks.
A sign that is rigid and is suspended from
the underside of a horizontal plane surface and is supported by such
surface.
Any structure, basin, chamber or tank which
is intended for swimming, diving, recreational bathing or wading and
which contains, is designated to contain, or is capable of containing
water more than 24 inches (610 mm) deep at any point. This includes
in-ground, above-ground and on-ground pools; semi-inground pools;
indoor pools; hot tubs; spas and wading pools.
[Amended 6-14-2022 by L.L. No. 6-2022]
A nonilluminated sign that is used in connection
with a circumstance, situation or event that is designed, intended
or expected to take place or to be completed within a reasonably short
or definite period after the erection of such sign or is intended to remain on the location where it is erected or
placed for a period as specified in § 246-11 of this chapter.
If such sign display area is permanent but the message
displayed is subject to periodic changes, that sign shall not be regarded as "temporary."
Any premises normally used for spectator presentations, such
as a cinema, playhouse or concert hall, but not including a cabaret, dance hall, discotheque or nightclub.
A device for recording the intensity of any vibration in
three mutually perpendicular directions.
See "dwelling unit, attached."
Any solid, liquid or gaseous matter, including but not limited
to gases, vapors, dusts, fumes and mists containing
properties which by chemical means are inherently harmful and likely
to cause injury to the well-being of persons or damage
to property.
A use which is customarily incidental and subordinate to
the principal use on a lot, and
located on the same lot therewith, except that where
specifically permitted by this chapter, accessory off-street parking
need not be located on the same lot. An accessory
use may not be accessory to another accessory use.
[Amended 7-22-2003 by L.L. No. 7-2003]
The specific purpose for which land, water, a building or a structure is designed, arranged, intended
or for which it is or may reasonably be expected to be occupied or
maintained.
An establishment used for the medical and surgical treatment
of domestic animals, excluding the overnight boarding of animals.
Earth-borne oscillations occurring in discrete pulses at
or less than 100 times per minute.
Continuous earth-borne oscillations occurring in discrete
at more than 100 times per minute.
Any sign either attached parallel to and
maintained within six inches of a wall, painted on the wall surface
or forming a portion of any outside wall of a building or structure, which sign displays
only one sign surface. For the purposes of regulation
in this section, a canopy sign shall be considered
a wall sign.
An establishment which requires direct access to tidal surface
waters as an integral part of its operation. A water-dependent
use shall be construed to include such uses as; marinas, boatyards, yacht basins and similar facilities
which provide dockage/berthing for watercraft; fishing piers; boat
launching ramps; boat services; boat and kayak rentals; mariculture, marine educational institutions; public swimming
beaches; and the like.
[Added 1-20-2004 by L.L. No. 2-2004]
An establishment that does not 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
use and enjoyment of the waterfront. A water-related use shall be
construed to include: small marine-related offices or marine-retail and services; marine-related not-for-profit, philanthropic,
fraternal, or scientific research organizations; compatible recreational
uses; museums, restaurants; and
delicatessens.
[Added 1-20-2004 by L.L. No. 2-2004]
A horizontal geographic area of at least 1,000 square feet
which is under water, including water bodies and watercourses, or is covered with shallow and sometimes temporary or intermittent
waters commonly referred to as "swamps," "marshes," "bogs," or "vernal
pools," "including all areas of hydric soils and all areas inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and which under normal circumstances do support,
a prevalence of hydrophytic vegetation, all as defined by the Federal
Manual For Identifying and Delineating Jurisdictional Wetlands (1989),
as such may, from time to time, be amended.
[Added 6-24-2008 by L.L. No. 8-2008]
Any sign, picture or symbol, or combination
thereof, designed to communicate information about an activity, business,
commodity, event, sale or service that is placed inside a window or
upon the windowpane or glass and is readily visible at any point three
or more feet from the exterior of the window.
Includes a telecommunications site and personal wireless
facility. It means a structure, facility or location designed, or
intended to be used as, or used to support antennas or other transmitting
or receiving devices. This includes, without limit, towers of all
types and kinds and structures, including, but not limited to, buildings,
church steeples, signs or other structures that can be used as a support
structure for antennas or the functional equivalent of such. It further
includes all related facilities and equipment such as cabling, equipment
shelters and other structures associated with the site. It is a structure
and facility intended for transmitting and/or receiving radio, television,
cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services and any commercial
wireless telecommunication service not licensed by the FCC.
[Added 9-12-2017 by L.L.
No. 6-2017]
A method of landscaping that results in low water usage through
selection of plants with cultural requirements that are appropriate
to the local climate and avoidance of wasting water to evaporation
and runoff. The seven principles guiding the method are creative planning
and design; soil improvement; limiting of turf areas; appropriate
plant selection; efficient irrigation; use of mulches; and regular
maintenance.
[Added 9-21-2004 by L.L. No. 12-2004]
A yard extending across the full width of the lot and lying between the front lot line and the nearest
point of the building. (See Figure 2-10 at the end
of this chapter.)
A yard extending across the full width of the lot and lying between the rear lot line and the nearest
point of the building. (See Figure 2-10 at the end
of this chapter.)
A yard between a side lot line and the nearest
point of the principal building on that lot and extending from the front yard to the rear yard. (See Figure 2-10 at the end of this chapter.)
[1]
Editor's Note: The definitions of "nonresidential gross floor area" and "residential gross floor area" superseded the former definition of "gross floor area," as amended.
