Terms defined. As used in this chapter, unless the context or subject
matter requires otherwise, the following words shall have the following
meanings:
ACCESSORY BUILDING OR STRUCTURE
A building or structure subordinate and incidental to the
main building or structure on the same lot and used for purposes customarily
incidental to those of the main building or structure. For purposes
of this chapter, an accessory building or structure shall not occupy
more than 40% of the rear yard. No part of an accessory building or
structure shall be less than four feet from the rear or side lot lines,
except that a detached garage and sheds less than 100 square feet
shall be no less than two feet from the rear or side lot lines.
ACCESSORY USE
A use on the same lot which is customarily incidental and
subordinate to the principal use.
ALTER; ALTERATION
To:
(1)
Change or rearrange:
(a)
The walls, roof, ceiling, floors, supporting beams, columns,
or other structural parts of a building or structure;
(b)
The interior plan or layout of a building or structure;
(c)
The exterior architectural features of a building or structure;
(d)
The exit facilities of a building or structure; or
(2)
Move a building or structure from one location to another.
AVERAGE NATURAL GRADE LEVEL
The mean elevation of the land along and adjacent to the
front of a building or structure prior to the placement of any fill
thereon, or as depicted on plans previously approved in accordance
with this chapter, whichever is more recent.
APPROVED
As applied to any material, device, or mode of construction,
the written approval by the Superintendent of Buildings, which approval
shall be given only after full compliance with the requirements of
this chapter and satisfactory evidence of impartial tests submitted
to the Superintendent of Buildings.
BASEMENT
A story partly underground but having at least 1/2 of its
floor-to-ceiling height above the average level of the adjoining ground.
A basement shall be counted as a story for the purpose of height measurement
of a building.
BUILDING
A structure wholly or partially enclosed with exterior walls,
or party walls, and a roof affording shelter to persons, animals,
or property for any use or occupancy.
BUILDING AREA
The square footage of buildings, and accessory structures,
measured at the exterior of the foundation walls or foundation structure
of a building, excluding the square footage of:
(1)
Open and uncovered porches;
(3)
Decks and patios less than 10 inches in height;
(4)
Cornices, eaves or chimneys projecting not more than 24 inches;
(5)
Porticos not exceeding 48 square feet;
(6)
Hanging bay windows not extending through more than one story,
in no event projecting more than five feet from the facade; and
BUILDING HEIGHT
The vertical distance measured from the average natural grade
level, as defined in this chapter, to the highest level of a flat
or mansard roof, or to the peak of a pitched, gable, hip or gambrel
roof. The highest point shall not include heating, ventilation and
air-conditioning equipment; stairway and elevator bulkheads; antennas;
and other minor appurtenances.
BUILDING INSPECTOR
The person appointed by the Board of Trustees to assist the
Superintendent of Buildings with the inspection, approval and issuance
of permits for the construction, alteration, or demolition of buildings
or other structures in the Village.
CELLAR
The part of a building which is partly or wholly underground
but having less than 1/2 of its floor-to-ceiling height above the
average level of the adjoining ground. A cellar shall not be counted
as a story for purposes of height measurement of a building. The cellar
shall not be calculated in floor area.
CODE ENFORCEMENT OFFICER
The Superintendent of Buildings for the Village of Malverne
or such other person designated by the Board of Trustees to enforce
the provisions of this chapter.
DEMOLITION
The dismantling or razing of all or part of a building or
structure, including all operations incidental thereto.
DWELLING
A building or structure or part thereof designed exclusively
as living quarters and containing cooking facilities. The term "dwelling"
or any combination of the term "dwelling" with any other word or words
shall not be deemed to include an hotel, rooming house, motel, tourist
home, mobile home, hospital, dormitory, tent, fraternity or other
accommodations or other similar uses.
DWELLING, MULTIPLE-FAMILY
A dwelling authorized for use as and containing three or
more dwelling units separated by uninterrupted party walls, partitions
or floors. A multiple-family dwelling shall include dwellings:
(1)
With sleeping accommodations for more than five persons, used
or occupied as a club, dormitory, fraternity or sorority house or
for similar uses; and
(2)
Used or occupied as a convalescent, old-age or nursing home,
but not including private or public hospitals or public institutions.
DWELLING, ONE-FAMILY
A detached dwelling authorized for use as and consisting
of a building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A detached dwelling authorized for use as and containing
two dwelling units only, separated by uninterrupted party walls, partitions
or floors.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities for use by one family.
EXIT
Means or way of departure from the interior of a building
or structure to the exterior at street or grade, including doorways,
passageways, hallways, corridors, stairways, ramps, fire escapes and
all other elements necessary for egress or escape.
FAMILY
(1)
One or more individuals, whether or not related to each other
by blood, marriage or adoption, all living together as a single, stable,
permanent and bona fide housekeeping unit, so long as such individuals
together occupy and own, lease or rent the whole of a 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;
(2)
One or more individuals, whether or not related to each other
by blood, marriage or adoption, shall not be deemed to constitute
a family if:
(a)
Any one or more of such persons may not have lawful access to
all parts of the building or dwelling unit; or
(b)
If any one or more of such individuals lease or rent any separate
portion of such building or dwelling unit from any other individual;
or
(c)
If residency is temporary or transitional, either as part of
an educational, medical, rehabilitation or treatment process or otherwise;
(3)
It shall be presumed that a building or dwelling is occupied
by more than one family if: (1) any two or more of the following features
are found to exist at a building or dwelling: (a) more than one mailbox,
mail slot or post office address, or doorbell or doorway on the same
side of the building or dwelling or electric meter or gas meter; or
connecting line for cable or satellite TV; (2) two or more kitchens,
each of which contains a range or oven, and a refrigerator or sink;
(3) separate entrances for segregated portions of the building or
dwelling; (4) partitions or locked doors barring access between segregated
portions of the building or dwelling including bedrooms; or (5) separate
written or oral leases or rental agreements or the payment of rent
for portions of the building or dwelling among its owner or residents.
The presumption provided for in this subsection shall be rebuttable.
Such presumption shall not preclude a determination that the building
or dwelling unit is not occupied by one family based on other criteria
not listed in this subsection.
(4)
The Superintendent of Buildings shall make the primary determination
as to the application of this definition of "family" for the purposes
of compliance with any provisions of this chapter and the New York
State Building Code, based upon an inspection of the premises, any
information received from the residents thereof or any other persons
or upon any other documentary or other written evidence as to the
condition of the premises or the relationship and living arrangements
of the residents, in consultation with the Village Attorney, and such
determination shall be presumed to be correct and final, subject to
review of or appeal by the Zoning Board of Appeals and judicial review
as provided by law.
FLOOR AREA
The area, measured in square feet, of a floor of a building,
measured at the exterior of the walls thereof.
FLOOR AREA RATIO (FAR)
The total floor area in square feet of a building, buildings
or accessory structures divided by the area in square feet of the
lot on which the building, buildings or accessory structures are situated.
For purposes of FAR, total floor area shall exclude:
(1)
Open or uncovered porches;
(4)
Cornices, eaves or chimneys projecting not more than 24 inches;
(5)
Porticos not exceeding 48 square feet;
(6)
Hanging bay windows not extending through more than one story,
in no event projecting more than five feet from the facade;
(9)
Detached garages and garages without structures above; and
GARAGE, MULTIPLE DWELLING
Shall consist of a basement garage or accessory garage building,
or a combination of the two with outdoor parking facilities providing
for one parking space consisting of not less than 200 square feet
for the parking of each noncommercial automobile for each dwelling
unit.
GARAGE, PRIVATE
A detached accessory building or part of a main building
used only for the parking or temporary storage of automobiles of the
occupants of the main building or building group to which the garage
is accessory or of which it is a part and in which no service, occupation
or business is conducted.
GARAGE, PUBLIC
A building, other than a private garage, available to the
public and operated as a commercial business regardless of profit
or loss and used for the storage or repair of automobiles only as
an incidental use.
HABITABLE SPACE
The space occupied by one or more persons for living, sleeping,
eating or cooking.
HOME, MOBILE
A structure or vehicle containing one or more dwelling units
that is so designed as to be transportable, either by being drawn
or propelled or under its own power. This definition shall apply irrespective
of whether or not the wheels or other devices for transportability
are actually in place or operable. Trailers, house-cars or other structures
with similar designations shall be deemed to be mobile homes.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling
solely by the inhabitants thereof which is clearly incidental to the
residential use and in connection with which there are:
(1)
No sounds audible outside the building;
(2)
No display of goods visible from outside the building;
(3)
No signs or other advertising;
(4)
No selling of a commodity on the premises; and
(5)
Which use does not occupy more than 25% of the habitable floor
area of any single floor of the dwelling and does not in any way change,
alter or modify the residential character or appearance of the building.
HOME PROFESSIONAL OFFICE
The office or studio of a physician, dentist, architect,
accountant, artist, musician, chiropractor, osteopath, podiatrist,
professional engineer, real estate or insurance broker or lawyer,
provided that: (1) such use is clearly incidental to the resident's
use of the premises and is conducted entirely within a dwelling in
which the practitioner resides; (2) not more than three assistants
or employees are employed; (3) such use does not occupy more than
25% of the habitable floor area of any single floor of the dwelling;
(4) there is no display of goods or advertising other than a professional
nameplate no larger than six inches by 12 inches bearing only the
name and occupation (words only) of the practitioner; (5) there is
no alteration or change to the building exterior which will change
or modify the residential character or appearance thereof; and (6)
such use does not have any feature which is annoying, offensive or
harmful to public health, safety or general welfare by reason of noise,
glare, vibration, odor, radiation, dust, fumes or undue traffic. The
Board of Trustees shall have the power to grant a special use permit
for a professional office in the home for a profession not specifically
enumerated herein, provided the use is of the same or similar general
character of those enumerated in this definition.
HOSPITAL
An institution licensed for the care of at least four sick,
injured, infirm or aged persons, but excluding a penal, correctional
or mental institution or institutions for alcoholics or drug addicts.
HOTEL
A building or portion thereof or a group of buildings containing
sleeping accommodations for transient guests, without individual kitchen
facilities, whether such establishment is designated as an hotel,
inn, motel, motor hotel, motor lodge, rooming house, or other similar
establishment. "Hotel" shall also include bed-and-breakfast establishments.
LOT
A vacant parcel of land or a parcel occupied by one building
and the accessory buildings or uses customarily incident to it, including
such open spaces as are required by this chapter, and such open spaces
as are arranged and designed to be used in connection with such building.
LOT AREA
The total area of a lot located within the border thereof.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT COVERAGE
The square footage of a lot covered by the building area
of primary and accessory structures.
LOT, DEPTH OF
The mean distance from the street line of the lot to its
rear line, measured in the general direction of the side lines of
the lot.
LOT FRONTAGE
That dimension of a lot measured along the front lot or street
line thereof, or if said front lot or street line is curved, along
the chord of the arc. On a corner lot, the lot shall be deemed to
front on the street with the narrower frontage, and where the two
street frontages are of the same length the owner may elect either
street frontage as the front lot line.
LOT WIDTH
The distance between the mean points along the side lines
of a lot.
PARKING AREA, PRIVATE
An open off-street area, as an accessory use, containing
parking spaces for automobiles owned by occupants of the main building
or their employees or customers.
PERSON
Any individual, partnership, association, or corporation
or other business or legal entity.
PORCH
A platform at an entrance of a building. The term "porch"
shall include any veranda, gallery, terrace, pergola, piazza, portico
or similar projection from a main wall of a building, which is either
covered or not by a roof not enclosed and which is not heated.
PORCH, ENCLOSED
A porch which is covered by a roof and fully enclosed with
outside walls having window sashes and window frames. All other porches
shall be considered open porches.
PREEXISTING BUILDING
A building or part thereof which was lawfully in existence
at the time that such regulation became applicable thereto, whether
by the adoption of the first Zoning Ordinance or local law replacing
the same, including this local law, or of any amendments to any of
the foregoing, and which has not since that time been altered in any
manner or moved.
PUBLIC PLACE
Any place available to or used by the general public, whether
or not an admission fee is charged, including, but not limited to,
restaurants, discotheques, cabarets, bars, social clubs, amusement
parks, penny arcades, game rooms and other similar establishments.
SCHOOL
An institution or place for learning, limited to pre-kindergarten
through grade 12, other than a public school, which furnishes a comprehensive
curriculum of academic instruction either similar to that of a public
school or otherwise meeting educational requirements of the laws of
the State of New York. This shall not include a college, nursery school,
day camp, professional school or a school giving special or limited
instruction in areas of learning such as business, art, music, dance
or riding.
SCHOOL, NURSERY
A regularly organized school licensed by the State of New
York operated to provide daytime instruction, guidance or education
for children two to five years of age inclusive.
SCHOOL, PROFESSIONAL
A school giving regular instruction in professional subjects,
such as, without limitation, the dramatic or graphic arts, business,
dancing, languages, music, sciences or stenography and secretarial
study.
SCHOOL, PUBLIC
An institution or place for learning, limited to pre-kindergarten
through grade 12, operated by a public school district under the laws
of the State of New York. This shall not include a college, nursery
school, day camp, professional school or a school giving special or
limited instruction in areas of learning such as business, art, music,
dance or riding.
STORY
That part of any building comprised between the surface of
one floor, except a cellar floor, and the surface of the next higher
floor or, if there is no higher floor, then that part of the building
compromised between the surface of the highest floor and the ceiling
above.
STREET LINE
The dividing line between the street and the lot.
STRUCTURE
Any combination of materials forming any construction or
part thereof, including a building, the use of which requires location
on the ground or attachment to something having location on the ground,
including, but not limited to, curbs, fences and walls; gasoline pumps;
gates and gateposts; mobile dwellings, whether mobile or stationary
at the time; platforms or stands; pools and pool equipment; porches;
sheds or bins; shelters; signs; standpipes; tanks of any kind; air
conditioning compressors; fire pits; towers of any kind, including
radio and television towers and antennas; parabolic or hemispheric
discs or dishes or other similar convex or concave antennas, the purpose
of which is to receive television and radio and/or microwave or other
similar signals from satellites or ground stations which transmit
satellite signals, but excluding conventional television and radio
aerials; tents; patios, trellises and solar energy equipment. The
word "structure" shall be construed to include the words "or part
thereof." A "temporary structure" shall be defined as any structure
without a footing or foundation.
SUPERINTENDENT OF BUILDINGS
The person charged with the inspection, approval and issuance
of permits for the construction, alteration or demolition of buildings
or other structures in the Village. The Board of Trustees may appoint
Building Inspectors, who shall serve as assistants to the Superintendent
of Buildings.
USE
The purpose for which land or a building or a structure,
or a portion thereof, is designed, arranged, intended, occupied or
maintained. The term "permitted use" or any variant or any other form
of said term having the same meaning shall not be deemed to include
any nonconforming use.
USE, ACCESSORY
A use which is customarily associated with and incidental
and subordinate to the principal uses of a lot or a building which
is located upon the same lot therewith.
USE, SPECIAL
A use prohibited unless a permit therefor shall have been
received from the Board of Trustees.
VEHICLE, COMMERCIAL
Any trailer, boat, tractor, van, truck or other motor vehicle
licensed or used for transportation for compensation or for hire of
persons or property or used in conjunction with a trade or occupation.
For the purposes of this definition, a limousine is presumed to be
a commercial vehicle. Lack of commercial license plate or commercial
registration shall not be conclusive proof that a vehicle is not a
commercial vehicle as defined in this section.
YARD
An open, unoccupied space on the same lot with the building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
YARD, FRONT
A yard across the full width of the lot extending from the
front wall of the building to the front line of the lot. Corner lots
shall have two front yards. The primary front yard shall be the yard
with the shortest street frontage. The other front yard shall be considered
the second front yard.
YARD, REAR
A yard lying from the rear line of the lot and the nearest
point of the building extending between the side lines of the lot.
For corner lots, the rear yard shall be the yard opposite the primary
front yard.
YARD, SIDE
A yard lying between the side line of the lot and the nearest
point at the building extending from the front yard to the rear yard.