For
the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
ACCESSORY APARTMENT
A dwelling unit which is subordinate to a permitted principal
one-family residence use in terms of size, location and appearance
and is located within the principal structure.
ACCESSORY BUILDING, STRUCTURE OR USE[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
(1)
A building, structure or use which is incidental and subordinate
to the principal building or use and located on the same lot with
such principal building or use. An accessory use is permitted only
on the same lot upon which a valid permitted principal use exists,
and subject to the following:
(a)
Is subordinate in area, extent, and purpose to the principal
use.
(b)
Contributes to the comfort, convenience, or necessity of the
principal use.
(c)
Is located on the same lot and in the same zoning district as
the principal use.
(d)
Functions as secondary or subordinate to a primary or major
use.
(2)
Noncustomary accessory uses may also be permitted that advance
recycling initiatives, promote renewable energy, or represent changes
in practices or modernization of a business so long as the accessory
use remains subordinate to the principal use.
ACCESSORY FACILITY
A building or structure that serves the principal use, which
is subordinate in area, extent and purpose to the principal use, and
is located on the same lot as the principal use. Examples of such
facilities include transmission equipment and storage sheds.
ACCESSORY SOLAR ENERGY SYSTEM
A solar collection system consisting of one or more roof-
and/or ground-mounted solar collector devices, including solar carports,
and solar-related equipment, and is intended to primarily reduce on-site
consumption of utility power. A system is considered a small solar
energy system only if it supplies electrical or thermal power solely
for on-site use, except that when a property upon which the facility
is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company.
ACRE
As used herein, an acre shall be measured as 43,560 square
feet.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and videotapes and which establishment is customarily not open
to the public generally but excludes any minor by reason of age.
ADULT ENTERTAINMENT ESTABLISHMENT
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments, and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age. Said establishments shall also include any movie theater in
which a majority of the movie films presented are X-rated.
ADULT MOTEL
A motel which is not open to the public generally but excludes
minors by reason of age, or which makes available to its patrons in
their rooms films, slide shows or videotapes, which if presented in
a public movie theater would not be open to the public generally but
would exclude any minor by reason of age.
ADULT THEATER
A theater that customarily presents motion pictures, films,
videotapes or slide shows, that is not open to the public generally
but excludes any minor by reason of age.
AFFORDABLE HOMEOWNERSHIP HOUSING
Housing for individuals and families whose household incomes
are at or below 80% of the area median income based on family size
for Nassau-Suffolk Counties as determined annually by the Federal
Department of Housing and Urban Development ("HUD").
[Added 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016]
AFFORDABLE RENTAL HOUSING
Housing for individuals and families whose household incomes
are at or below 50% of the area median income based on family size
for Nassau-Suffolk Counties as determined annually by the Federal
Department of Housing and Urban Development ("HUD"); or housing that
is rent restricted pursuant to Section 42 of the Internal. Revenue
Code, Article 2-A of the New York Public Housing Law, or any other
federal, state, or county regulatory agreement.
[Added 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016; amended 10-22-2020 by L.L. No. 13-2020, effective 11-4-2020]
AGRICULTURE
(1)
OPEN FARMINGIncludes the cultivation of the soil for food products and other useful or valuable growths of the field.
(2)
OTHER AGRICULTUREAgricultural uses not included in the foregoing definition of "open farming," but including greenhouses, dairies and the raising of livestock, roosters and other poultry, except when such poultry consists solely of a total of six or fewer ducks or geese or female chickens or any combination thereof per residential premises, regardless of size.
AIRPORT
A place where aircraft can land and take off, usually equipped
with hangars, facilities for refueling and repair, and various accommodations
for passengers.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANAEROBIC DIGESTER FACILITY
An area or facility designed for disposal, storage and/or
collection of organic biodegradable waste for the purpose of processing
same into renewable natural gas and fertilizer.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
ART GALLERY
An establishment engaged in the sale, loan, or display of
art books, paintings, sculpture or other works of art or limited editions,
where all activities occur inside the building.
ARTIST STUDIO
The showroom or workshop of an artist, sculptor, photographer
or craftsperson.
ASSEMBLY/SOCIAL RECREATION HALL
An indoor space, open to the public, that houses room for
small or large gatherings of people for meetings, meals, games, parties,
or other gatherings.
AUTOMOBILE PARKING FIELD
A lot used solely for the parking of registered automobiles
and only in conjunction with a permitted principal use, which is adjacent
to or within 100 linear feet from the parking field.
BAR, TAVERN OR PUB
An establishment, 4,999 square feet or less, regulated by
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,
disc jockeys, juke boxes or hours of operation which extend beyond
the normal dining times for dinner. The accessory or incidental sale
of foods or snacks shall not entitle such a use to be considered a
restaurant under other provisions of this code. The permanent or temporary
removal of tables and chairs from such an establishment to permit
any of the aforesaid characteristics shall constitute the creation
of a bar, tavern or pub.
[Amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
BARN
A structure or building designed and used exclusively for
the housing of domestic animals and/or agricultural products and/or
farm and/or agricultural equipment including, but not limited to,
farm implements, tractors, cultivators, and other such items as are
customarily used for active farming.
BATTERY ENERGY STORAGE SYSTEM (BESS)
A rechargeable system consisting of electrochemical storage
batteries, battery chargers, controls and associated equipment designed
to provide electrical power at a later time.
[Added 2-13-2020 by L.L.
No. 3-2020, effective 2-28-2020]
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied single-family dwelling wherein, as an accessory
use, guest rooms and breakfast only are made available to the public
for compensation for short-term accommodation of no more than 14 consecutive
nights.
BILLIARD HALL
A business establishment containing more than two pool or
billiard tables for the use of patrons.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
BLIGHT
Commercial or industrial properties which have a deteriorating
and/or abandoned building(s) in whole or substantial part thereof.
These properties are inadequately maintained with debris, litter and/or
trash and junk accumulation and missing public amenities and may impair
or arrest the sound growth and development of the area, community
or municipality. Blighting conditions share some or all following
characteristics:
(1)
Unsafe or unhealthy conditions that make the building unfit
for use.
(2)
Deterioration of the site.
(3)
Dilapidated, deteriorated, or defective structures.
(5)
Criminal activity and loitering.
(6)
Aesthetically poor conditions: signs, parking area, facades.
(7)
Code violations and a public nuisance.
(8)
Vacant and underutilization of land, lots and buildings.
(9)
Weeds and poorly landscaped, debris and litter.
(10)
Poorly maintained, cracked sidewalks and curbing.
(11)
Damaged or missing fencing.
(13)
Outdated and inefficient buildings and uses.
(14)
Vacant lots on which buildings have been demolished.
BOARDINGHOUSE
A building other than a motel or hotel where lodging and
meals are provided for compensation.
BOWLING ALLEY
An indoor facility for the sport of ten-pin or duck-pin bowling
that devotes the majority of its gross floor area to bowling lanes,
equipment, and playing area, with customary accessory uses such as
snack bars.
[Added 7-21-2016 by L.L.
No. 20-2016, effective 8-5-2016]
BUILDING
A structure having a roof supported by columns or walls,
and when separated by a party wall without openings, it shall be deemed
a separate building.
BUILDING HEIGHT
The vertical distance from the average grade at the base
of the structure to the highest point of the roof, provided that chimneys,
spires and similar permitted projections shall not be included in
determining height.
CAMP COTTAGE
Any building of whatever material constructed, designed or
equipped to be used for living, sleeping or eating only by transient
or seasonal occupants within a tourist camp.
CAMP UNIT
Any plot of land in a tourist camp upon which is proposed
to be located any tent, tent-house, camp cottage, tourist unit, house-car
or trailer designed or equipped to be used for living, sleeping or
eating.
CANNABIS INDOOR SMOKING ESTABLISHMENT
Any facility or location whose business operation, whether
as its principal or accessory use, includes the indoor smoking of
cannabis in any form. Smoking is the inhalation of the smoke of burning
cannabis encased in cigarettes, pipes, cigars, electronic cigarettes,
pipes, waterpipes, or any similar device. Smoking outside of the establishment
shall be prohibited at all times.
[Added 8-5-2021 by L.L. No. 15-2021, effective 8-17-2021]
CANNABIS RETAIL SALES ESTABLISHMENT
A commercial enterprise that provides cannabis goods directly
to the consumer, where such goods are available for immediate purchase
and removal from the premises by the purchaser.
[Added 8-5-2021 by L.L. No. 15-2021, effective 8-17-2021]
CATERING HALL
A building or structure available for rent to accommodate
private functions, including, but not limited to, banquets, meetings,
weddings, other receptions, and may also include on-site kitchen facilities.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
CENTRAL PINE BARRENS
The land area described in Article 57 of the Environmental
Conservation Law, as shall be amended from time to time, as the Central
Pine Barrens Area.
CENTRAL PINE BARRENS COMPREHENSIVE LAND USE PLAN
The land use plan adopted by the Joint Planning and Policy
Commission pursuant to Article 57 of the Environmental Conservation
Law, together with all subsequent amendments thereto, also referred
to in this chapter as the "Plan."
CLOSED-LOOP GROUND-SOURCE HEAT PUMP SYSTEM
A system that circulates a heat transfer fluid, typically
food-grade antifreeze, through pipes or coils buried beneath the land
surface or anchored to the bottom in a body of water.
CLUBHOUSE
A building used for meeting or social functions by members
of a golf course, or their invitees, and may include administrative
offices, bar, restaurant, pro shop, snack bar, locker rooms, and other
related facilities.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
COLLEGE/UNIVERSITY
An educational institution authorized by the state to award
associate, baccalaureate and/or higher degrees.
[Added 7-21-2016 by L.L.
No. 20-2016, effective 8-5-2016]
CO-LOCATION
The mounting or installing a small wireless facility in the
public right-of-way on an existing structure, an existing tower or
on an existing pole and/or modifying an existing structure, tower
or pole for the purpose of mounting or installing an antenna facility
on that structure.
[Added 12-19-2019 by L.L.
No. 25-2019, effective 12-31-2019]
COMMERCIAL BOAT STORAGE
Indoor or outdoor yard, place, or enclosure where boats are
stored.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
COMMERCIAL BUS STORAGE FACILITY
A company which is engaged in the business of storing large
commercial vehicles used for transporting more than 20 passengers
(with a driver) and which maintains a motor vehicle fleet of two or
more vehicles, and which may include a motor vehicle repair shop.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
COMMERCIAL CENTER
A retail use(s) which exceeds a gross floor area of 100,000
square feet and/or occupies a site of five or more acres.
COMMERCIAL LAUNDRY ESTABLISHMENT
A building or a part of a building or a lot or a part of
a lot used for the laundering of clothes or linens and including dyeing,
washing, starching, ironing.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
COMMERCIAL VEHICLE
Every type of motor vehicle with a gross vehicle weight rating
of 10,000 pounds or more driven or used for commercial purposes on
the highways, such as for transportation of goods, wares and merchandise;
motor coaches carrying passengers and trailers and semitrailers, including
tractors when used in combination with trailers and semitrailers,
except such vehicles as are run only upon rails or tracks.
[Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
COMMISSIONER
The Commissioner of Planning, Environment and Land Management.
COMPATIBLE GROWTH AREA
The land area within the Town of Brookhaven described and
defined by Article 57 of the Environmental Conservation Law located
and situated in the Central Pine Barrens of Suffolk County.
CONVENIENCE STORE
A retail establishment which sells food and beverages, prepackaged
or packaged within the establishment and in a ready-to-consume state,
and also sells newspapers, magazines and other sundries of a convenience
nature, and which is open seven days per week, at least 12 hours per
day.
CONVENTS AND MONASTERIES
The building or buildings utilized by members of a religious
order as their primary residence and from where activities in furtherance
of the religious order are conducted primarily for the residents therein,
including, but not limited to, worship, education and labor.
CORE PRESERVATION AREA
The land area described and defined in Article 57 of the
Environmental Conservation Law, together with subsequent amendments
thereto.
COUNTRY CLUB
A privately owned club, often with a closed membership, with
a clubhouse and grounds, that generally offers both a variety of social,
recreational and sports activities and may include facilities for
bar, restaurant and entertaining, indoor or outdoor golf, indoor or
outdoor tennis courts, and indoor or outdoor pool.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
CRITICAL RESOURCE AREAS
A land area located within the Compatible Growth Area identified in the Central Pine Barrens Comprehensive Land Use Plan as having significant environmental features for which development proposals are subject to review and approval by the Joint Planning and Policy Commission. (See Volume 1, Chapter
4, of the Plan for identification/location of specific critical resource areas.)
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
DAY-CARE FACILITY
Any premises which receives six or more children, senior
citizens or handicapped persons for day-care periods of less than
24 hours per day. The term "day-care facility" shall be deemed to
include "nursery school," "kindergarten," "preschool," "day camp"
and similar terms.
DELICATESSEN
A store which sells food products, both those ready to eat
and those prepared to eat.
[Amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
DENSITY BONUS
A density increase of at least 10% over the density of development.
All density calculations resulting in fractional units shall be rounded
up to the nearest whole number. The density bonus shall not be included
as part of the calculation that determines the number of affordable
and workforce housing units that constitutes 10% of the total units.
[Added 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016]
DENSITY OF DEVELOPMENT
The minimum residential unit yield (number of dwelling units)
permitted under the existing zoning district classification for any
given lot, parcel or assemblage. For land use applications made pursuant
to any Multifamily Residence Districts, density of development shall
be based upon the existing zoning of the site at the time of application
for change of zone to any Multifamily Residence District, or prior
to any change of zone approval to any Multifamily Residence District.
[Amended 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016]
DEPOT
An area where vehicles may be stored legally pursuant to all of the local laws and requirements of the Code of the Town of Brookhaven, including but not limited to zoning, and which is owned or leased by the licensee. A depot shall be an accessory use to a motor vehicle repair shop, as defined in Chapter
66 of the Code of the Town of Brookhaven. A depot must be located on the same site as the motor vehicle repair shop. A depot must be paved and provide drainage. A depot must be fenced with a six-foot-high perimeter fence and screened from view. Screening shall comprise landscaping, consisting of at least a single row of evergreen plantings at least seven feet high and five feet on center or the required six-foot-high perimeter fence, shall have no opening, mesh, hole or gap, larger than two inches measured horizontally and vertically, such as a solid-surface fence or chain-link fence equipped with privacy slats, permahedge or other similar product. Nothing herein shall be construed to prevent the use of both landscaping and fencing for depot screening. To qualify for use in connection with a towing business licensed pursuant to the provisions of Chapter
66 of the Code of the Town of Brookhaven, a depot shall be so constructed as to contain an additional area of not less than 2,025 square feet. Any depot legally existing prior to the effective date of this revision may be maintained as a nonconforming use in conformance with the provisions of Chapter
85 of the Code of the Town of Brookhaven. Any depot may be located entirely inside a building, provided that the building has the appropriate certificate of occupancy for such storage and is in compliance with the Fire Code.
[Amended 2-25-2021 by L.L. No. 3-2021, effective 3-8-2021]
DEVELOPMENT OF REGIONAL SIGNIFICANCE
Development projects in this article which meet the threshold set forth subject to review and
approval of the Joint Planning and Policy Commission.
DOG/PET DAY CARE
A commercial establishment in which dogs or domesticated
animals are housed excluding overnight boarding, groomed, bred, trained
or sold, all for a fee or compensation.
[Added 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
DRIVE-IN ESTABLISHMENT
Any use which does not customarily provide off-street parking
facilities and which serves the needs of customers who do not customarily
leave their vehicles while being served. The term "drive-in establishment"
shall be deemed to include but not be limited to such places of business
as bank windows, motor vehicle washes and dairy stores.
DRIVEWAY
An area of a parcel, whether constructed of asphalt, pavement,
cement, stone, or other material, or property left in a natural state,
which automobiles use for means of egress from or ingress to a parcel
of real property and/or by which automobiles may park on the property,
not including the parking area within a structure such as a garage.
DRY CLEANER
An establishment which launders or dry-cleans articles dropped
off on the premises directly by the customer or where articles are
dropped off, sorted, and picked up but where laundering or cleaning
is done elsewhere.
DUCK RANCH
Any area or areas used for the breeding, killing or handling
of ducks or other water fowl exceeding 100 living units for commercial
purposes.
DWELLING, MODEL
A dwelling or dwellings used for the exhibition or demonstration
of dwellings or dwelling units for sale.
DWELLING, MULTIPLE
A building or portion thereof designed for or occupied by
three or more families living independently of each other with separate
cooking facilities.
DWELLING, SINGLE- OR ONE-FAMILY
A building designed for residential purposes and arranged
or intended to be occupied by one family doing its own cooking, which
building shall have not more than one kitchen. Boardinghouses and
rooming houses shall not be deemed single- or one-family dwellings.
A single- or one-family dwelling is no longer being used as a single-
or one-family dwelling if any of two or more of the following features
are found to exist on the premises of that building or dwelling unit
by the Chief Building Inspector or his designee:
(1)
More than one mailbox, mail slot or post office address.
(2)
More than one doorbell or doorway on the same side of the building
or dwelling unit.
(3)
More than one electric meter.
(5)
More than one connecting line for cable television.
(6)
Separate entrances for segregated portions of the building or
dwelling unit.
(7)
Partitions or locked internal doors barring access between segregated
portions of the building or dwelling unit, including bedrooms.
(8)
Separate written or oral leases or rental agreements or the
payment of rent for portions of the building or dwelling unit among
its owner and residents.
(9)
Two or more kitchens, each of which contains a range or oven
and refrigerator and sink.
DWELLING, TWO-FAMILY
A detached building designed for or occupied exclusively
by two families living independently of each other with separate cooking
facilities.
ELECTRIC GENERATING FACILITY
All buildings, equipment, structures, and other stationary
items for the development of electric power which are located on a
single site or on contiguous or adjacent sites and which are owned
or operated by the same person.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by
public utilities or municipal corporations of underground or overhead
gas, electrical or water transmission or distribution systems or collection,
communication, supply or disposal systems, including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, but not including buildings
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal corporations or for the public health,
safety or general welfare.
EXHIBIT HALL
A building or part thereof used to display items for observation,
review, or inspection only and not otherwise intended as an assembly/social
recreation hall.
[Amended 7-18-2019 by L.L. No. 18-2019]
FAA
The Federal Aviation Administration.
FAMILY
(1)
The following groups shall be considered a family:
(a)
Any number of persons related by blood, marriage, legal adoption
or legal foster relationship, living and cooking together as a single,
nonprofit housekeeping unit.
(b)
Four or more persons occupying a single dwelling unit and living
together as a traditional family or the functional equivalent of a
traditional family.
(2)
It shall be presumed that four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family. This presumption can be overcome only by a showing that, under the standards enumerated in Subsection
(3) hereof, the group constitutes the functional equivalent of a traditional family. A determination as to the status of such group may be made in the first instance by the Chief Building Inspector or his designee, or on appeal from an order, requirement, decision or determination made by him, by the Zoning Board of Appeals in conformance with this Chapter
85 of the Brookhaven Town Code.
(3)
In determining whether four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption or legal foster relationship constitute the functional equivalent of a traditional family pursuant to Subsection
(2), the following factors shall be evaluated:
(a)
The group is one which lives and cooks together as a single
housekeeping unit, shares expenses for food, rent, ownership costs,
utilities and other household expenses. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
(b)
The group is of a permanent and stable 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. Evidence of such permanence and stability includes, but
is not limited to:
[1]
The presence of minor children regularly residing in the household
who are enrolled in a local school.
[2]
Members of the household have the same address for the purposes
of voter registration, drivers' licenses, motor vehicle registration,
filing of taxes and delivery of mail.
[3]
Members of the household are employed in the area.
[4]
The household has been living together as a unit for a year
or more, whether in the current dwelling or in other dwelling units.
[5]
The existence of a head of the household that cares for the
occupants in a family-like living arrangement.
[6]
Common ownership of furniture and appliances among the members
of the household.
[7]
Any other factors reasonably related to whether or not the occupants
are the functional equivalent of a family.
(c)
All other requirements of this chapter regarding the use and
occupancy of a residence for one family shall be complied with.
(d)
Any determination under this subsection shall be limited to
the status of a particular group of persons as a family and shall
not be interpreted as authorizing any other use, occupancy or activity.
(e)
In no case shall a residence for a single family be occupied
by more than the number of persons permitted under the standards presented
in this chapter.
(f)
Floor plans of the dwelling unit shall be submitted to the Chief
Building Inspector or his designee, and on appeal if necessary to
the Zoning Board of Appeals, and must conform to all Town and state
laws, regulations and codes.
(g)
There shall be at least one room which is not designed as a
conventional bedroom, bathroom, foyer, storage area or closet.
(h)
The Chief Building Inspector, or his designee, or the Zoning
Board of Appeals may impose such conditions and safeguards as it shall
deem reasonable, necessary and/or advisable in order to maintain the
stability and character of the neighborhood and protect the health,
safety and welfare of the community.
FARM BREWERY
A production facility and process on a farm operation used
for the fermenting or brewing of agricultural products into beer.
[Added 2-4-2016 by L.L.
No. 1-2016, effective 2-18-2016]
FARM CIDERY
A production facility and process on a farm operation used
for the fermenting of apples or other agricultural products into alcoholic
cider beverages.
[Added 2-4-2016 by L.L.
No. 1-2016, effective 2-18-2016]
FARM DISTILLERY
A production facility and process on a farm operation used
for the fermenting or distilling of agricultural products into alcoholic
spirits.
[Added 2-4-2016 by L.L.
No. 1-2016, effective 2-18-2016]
FARMERS MARKET
An occasional or periodic market held in an open area for
the retail sale of locally grown farm produce, plant stock and local
products from vehicles or temporary stands located within the designated
area. For the purposes of this definition, "local" and "locally grown"
mean Suffolk County, New York.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
FARM WINERY
A production facility and process on a farm operation used
for the fermenting of grapes or other agricultural products into wine.
[Added 2-4-2016 by L.L.
No. 1-2016, effective 2-18-2016]
FCC
The Federal Communications Commission.
FERRY TERMINAL/FACILITY
A specialized docking facility that receives a ferryboat
or train ferry that is used to carry passengers and/or motor vehicles
across a body of water. A terminal building may be available for ticket
sales and waiting of passengers.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
FLEA MARKET
Any building or buildings, structure or structures or premises
used by four or more transient or part-time independent vendors for
the sale at retail of goods, wares or merchandise.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
FLOOR AREA
The total of the horizontal areas of the several floors of
a building, excluding areas used for accessory garage purposes and
such basement and cellar areas as are devoted exclusively to uses
accessory to the operation of the building. All dimensions shall be
measured between exterior faces of walls.
FOUNDATION
The underlying supporting substructures of a building, including
footings, foundation walls and supporting piers, piles, and columns,
exclusive of any slab, first floor walls, or other structural components
of the building.
FRONT BUILDING LINE
The line across the entire frontage of the lot at the required
front yard depth.
FUEL CELL FACILITY
A device or multiple devices that use the chemical energy
of hydrogen, or another fuel, to produce electricity, that is either
connected to the public electric grid in order to sell electricity
to a public utility entity or utilized for on-site consumption.
[Added 1-17-2019 by L.L.
No. 1-2019, effective 1-28-2019]
GAME ROOM
A place or facility where electronic games are played for
amusement only; shall not be construed so as to include bingo, games
of chance, gambling, or any other devices prohibited by law.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
GARAGE, ATTACHED
A private garage attached to the principal structure by means
of a common wall or by means of a fully enclosed breezeway not exceeding
10 feet in length.
GARAGE, DETACHED
A private garage detached from the principal structure or
attached to the principal structure by means of an enclosed breezeway
exceeding 10 feet in length. Detached garages shall be considered
accessory structures but may not be greater than 14 feet in height
above the surrounding grade, and any area above the first-floor level
may only be used as a storage area with a ceiling height not to exceed
six feet above the floor. Detached garages may not exceed 600 square
feet in floor area and may not be located forward of the front foundation
line of the principal structure. No more than one detached garage
shall be permitted on any parcel of property. The above limitations
shall not apply to detached garages utilized for permitted commercial
or industrial purposes in connection with a permitted principal use.
GARAGE, MINOR
A building, other than a private garage, not more than one
story in height, used for the storage only of noncommercial automobiles
and in which no repair work or servicing of any kind is carried on.
Such garages shall not be utilized for the retail sale of motor fuels,
lubricants and other motor vehicle supplies.
GARAGE, PRIVATE
An accessory building, not more than one story in height,
for the storage of one or more power-driven vehicles used by the owner(s)
or tenant(s) of the lot on which it is erected and for the storage
of not more than two noncommercial automobiles used by others. A private
garage is permitted only on the same lot upon which a valid permitted
principal use exists.
GEOTHERMAL ENERGY
Renewable energy generated from the interior of the earth
and used to produce energy for heating buildings or serving building
commercial or industrial processes. A generating system that uses
the earth's thermal properties in conjunction with electricity to
provide greater efficiency in the heating and cooling of buildings.
GOLF COURSE
A tract of land laid out for at least nine holes for playing
the game of golf and improved with trees, greens, fairways, and hazards
and that may include a clubhouse, shelter, bathrooms, cart roads and
detached snack bar.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
GOLF DRIVING RANGE
An area equipped with distance markers, clubs, balls, and
tees for practicing golf drives and putting, and which may include
a snack bar and pro shop, but excludes miniature golf courses and
"putt-putt" courses.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
GRADE, FINISHED
The completed surfaces of lawns, driveways and walks brought
to grades as shown on the plans or designs relating thereto.
GREENHOUSE
A structure which is specifically designed, constructed and
used for the culture and propagation of horticultural commodities.
GROSS FLOOR AREA (GFA), COMMERCIAL
The total floor area of a structure as measured from the
exterior faces of the walls. GFA shall include accessory buildings/structures,
above-grade floors, stairwells at each story, interior balconies,
mezzanines, floor space utilized for mechanical equipment with structural
headroom of seven feet six inches or more and covered or enclosed
porches, patios and decks. GFA shall include the area under a gambrel,
gable, hip or similar type roof, where there exists a floor-to-ceiling
height of five feet or more, unless access to said area is limited
to a scupper or pull-down staircase. All storage space or occupied
space shall be included when calculating GFA for nonresidential uses.
Open and unroofed decks and patios, awnings, sills, cornices, buttresses
and eaves shall not be included in calculating GFA.
GROSS FLOOR AREA (GFA), RESIDENTIAL
The total floor area of a structure as measured from the
exterior faces of the walls. GFA shall include accessory buildings
or structures, above-grade floors, stairwells at each story, interior
balconies, mezzanines and covered or enclosed porches, patios and
decks. GFA shall include the area under a gambrel, gable, hip or similar
type roof, where there exists a floor-to-ceiling height of five feet
or more, unless access to said area is limited to a scupper or pull-down
staircase. Below-grade floors shall not be included in GFA for residential
uses, provided such floors are at least 75% below grade and are not
used as habitable space. Open and unroofed decks and/or patios, awnings,
sills, cornices, buttresses and eaves shall not be included in calculating
GFA.
GROUND-SOURCE HEAT PUMP SYSTEM (GSHPS)
A system that uses the relatively constant temperature of
the earth or a body of water to provide heating in the winter and
cooling in the summer. System components include closed loops of pipe,
coils or plates; a fluid that absorbs and transfers heat; and a heat
pump unit that processes heat for use or disperses heat for cooling;
and an air distribution system. The energy must be used on-site.
GUIDELINES
Planning recommendations set forth in this chapter applicable
to development proposals at the discretion of the governmental board
or body otherwise authorized to review and approve said development
proposals.
HEALTH CLUB
An establishment that provides facilities for physical fitness
activities, including, but not limited to, aerobic exercises, running
and jogging, exercise equipment, games courts, swimming facilities
and saunas.
HEAT TRANSFER FLUID
A nontoxic and food-grade fluid such as potable water, aqueous
solutions of propylene glycol not to exceed 20% by weight or aqueous
solutions of potassium acetate not to exceed 20% by weight.
HEAVY CONSTRUCTION VEHICLES AND EQUIPMENT DEALERSHIP
A building or a part of a building or a lot or a part of
a lot used for the sale, rental, lease, display or storage of those
vehicles and/or equipment commonly used during construction, maintenance
or demolition of utilities, buildings or structures or with the excavation
of earth, sand or other construction materials. Such vehicles and
equipment shall include, but not be limited to, commercial grade tractors,
backhoes, front-end loaders, forklifts, bulldozers and scissor lifts.
HEIGHT
When referring to a tower or other structure, the distance
measured from the finished mean grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
HIGH-RISE BUILDING
A building or structure, except communication and electric
transmission towers, more than three stories or 50 feet in height.
[Added 5-25-2017 by L.L.
No. 14-2017, effective 6-7-2017]
HISTORIC DISTRICT
An area containing buildings, structures or places which
have a special character and ambiance based on historical value, notable
architectural features representing one or more periods or styles
of architecture of an era of history or the cultural and aesthetic
heritage of the community and which area constitutes a distinct physical
section of the Town of such significance as to warrant its conservation,
preservation and protection from adverse influences.
HISTORIC DISTRICT TRANSITIONAL AREA
An area extending for a distance of 500 feet from and contiguous
to the perimeter boundary of an historic district. The purpose of
such transitional area shall be to control the effect of potentially
adverse environmental, visual and developmental influences on an historic
district.
HISTORIC LANDMARK
Any historic building, site, structure, object or district
that represents an outstanding aspect of American history and culture
and designated by the Town Board of the Town of Brookhaven.
HOME OCCUPATION
An accessory use of a service character customarily conducted
within a dwelling by the residents thereof, which is clearly secondary
to the use of the dwelling for living purposes and does not change
the character thereof or have any exterior evidence of such secondary
use, and in connection therewith there is not involved the keeping
of a stock-in-trade. The office of a physician, attorney, architect,
accountant, dentist or other professional person, including an instructor
in violin, piano or other individual musical instrument, limited to
a single pupil at a time, who offers skilled services to clients and
is not professionally engaged in the purchase or sale of economic
goods, shall be deemed to be home occupations; and the occupations
of dressmaker, milliner or seamstress, each with not more than one
paid assistant, shall be deemed to be home occupations. Dance studios,
musical instrument instruction in groups, tearooms, tourist homes,
beauty parlors, convalescent homes, mortuary establishments and stores,
trades or businesses of any kind not herein excepted shall not be
deemed to be home occupations.
HORSE FARM
An establishment principally used for the showing, breeding,
boarding, renting or training of horses.
HOSPITAL
A facility or institution possessing a Public Health Council
certificate and engaged principally in providing services by or under
the supervision of a physician for the prevention, diagnosis or treatment
of human disease, pain, injury, deformity or physical condition, including
but not limited to a general hospital, treatment center, rehabilitation
center other than a facility used solely for a vocational rehabilitation,
tuberculosis hospital, chronic disease hospital, maternity hospital,
lying-in asylum or outpatient lodge. Nothing herein shall be construed
so as to prohibit the operation of union treatment centers, provided
that they are located in the appropriate district and do not provide
overnight accommodations. The private practice of medicine will be
differentiated from a treatment center using the criteria set forth
in § 600.8 of Title 10 of the New York Codes, Rules and
Regulations, which section is incorporated herein by reference.
HOTEL
A building designed to provide individual sleeping accommodations
for short-term transient occupants, without direct outside access,
with or without restaurant facilities and a common entrance, common
heating system or general dining room.
HOUSING GROUP
A HUD-certified not-for-profit housing corporation that provides
technical assistance to private developers, municipalities and other
not-for-profits that are providing affordable housing on Long Island.
[Added 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016]
HOUSING TRUST FUND
A Town-run program that provides funding to eligible applicants
to construct low-income housing, to rehabilitate vacant, distressed
or underutilized residential property, or to convert vacant or underutilized
nonresidential property to residential use for occupancy by low-income
homeowners and tenants, and may also provide seed funding to eligible
nonprofit applicants who need financial assistance in developing a
full Housing Trust Fund project application.
[Added 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016]
INCENTIVE ZONING
An increase in development intensity or density, or change
of use permitted under the existing zoning district classification,
which may be available upon the redemption of Pine Barrens development
credits.
INDOOR RECREATION
A building or structure designed and equipped for the indoor
conduct of sports and leisure-time activities within a building or
structure, including indoor places of amusement, game rooms with snack
bars, pro shops and facilities for social events.
INDOOR SMOKING ESTABLISHMENTS
Any facility or location whose business operation, whether
as its principal or accessory use, includes the indoor smoking of
tobacco in any form, electronic cigarettes, vapors, e-liquids, or
other substances. Smoking is the inhalation of the smoke of burning
tobacco encased in cigarettes, pipes, cigars, electronic cigarettes,
and pipes commonly known as " hookah," waterpipe," " shisha," and
" narghile" or any similar device.
[Added 5-12-2016 by L.L.
No. 12-2016, effective 5-25-2016; 8-5-2021 by L.L. No. 15-2021, effective 8-17-2021]
INTENSITY OF DEVELOPMENT
An increase in the gross floor area or the uses permitted
under the existing zoning district classification for nonresidential
development of a given parcel, lot or assemblage.
JUNKYARD
The use of more than 300 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition or for the sale of parts thereof. "Junkyard," however, shall not be construed to mean a depot, as set forth in Chapter
66, Towing Businesses, of this Code, when vehicles are stored in said depot after being towed there by the owner or operator of said depot and are stored for not more than 30 consecutive days or until sold as junk, whichever shall occur sooner.
KENNEL
A commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained, or sold, all
for a fee or compensation.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
KITCHEN
A space used for, or intended to be used for, the cooking
or preparation of food and containing any of the following: a refrigerator
of any size, a sink, or cooking device, including but not limited
to a range, oven, microwave, toaster oven, hot plate, grill, or hot
pot.
LAND DIVISION
A division of any parcel of land into two or more lots, plots
or sites in which all building lots front on an existing improved
street, not requiring the construction of any new streets or roads
and not adversely affecting the development of the remainder of the
parcel or adjoining property.
LARGE COMMERCIAL RETAILER
A retail use within a commercial center, which tenant space
exceeds a gross floor area of 125,000 square feet; commonly known
as a "Big Box" store primarily containing a single tenant within one
enclosed structure and may be either freestanding or attached to additional
stores.
LARGE COMMERCIAL RETAILER WITHIN THE ROUTE 25A HAMLET CENTER
OVERLAY DISTRICT
A retail use within a commercial center located within the
Route 25A Hamlet Center Overlay District or Route 25A Transition Overlay
District, which tenant space is between 60,000 square feet and 75,000
square feet of gross floor area, primarily containing a single tenant
within one enclosed structure and may be either freestanding or attached
to additional stores.
LAUNDROMAT
A business premises equipped with individual clothes-washing
or drying machines for the use of retail customers, exclusive of laundry
facilities provided as an accessory use in a garden apartment or multiple
dwelling.
LAUNDROMAT, MEGA
A laundromat is considered a super or mega laundromat if
one or more of the following are met or exceeded:
(1)
A total of 50 double-load machines (washers and dryers combined).
(2)
Five thousand square feet of interior space.
(3)
Generation of 30,000 gallons or more of wastewater per day.
LOADING SPACE
An off-street area available for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials,
and which abuts upon a street, alley or other appropriate means of
access.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
LODGE
The premises and buildings used by a private organization
of voluntary members as a place of assembly catering exclusively to
the members and their guests primarily for a patriotic, veterans,
fraternal, benevolent, religious or political purpose in which eating,
drinking, meeting or indoor recreational activities are conducted.
The lodge shall not be used in whole or in part for the conduct of
any business or enterprise for profit, but that shall not be construed
as preventing the utilization of a lodge for benefits or performances
for a recognized charitable, philanthropic or altruistic purpose.
LOT
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter.
Upland only shall be deemed land; neither land underwater, shore,
strand nor beach shall be deemed land for the purposes of this chapter.
LOT, CORNER
A lot situated at the junction of and fronting on two or
more streets.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
An interior lot having frontage on two streets.
LOW-RISE BUILDING
A building or structure, excluding half stories, no more
than two stories or 35 feet in height.
[Added 5-25-2017 by L.L.
No. 14-2017, effective 6-7-2017]
LUMBERYARD
An area or establishment used for the storage, distribution,
and sale of finished or rough-cut lumber and lumber products, but
not including the manufacture or fabrication of lumber, lumber products
or firewood. Other building materials such as brick, tile, cement,
insulation, roofing materials, and the like may also be sold at retail.
The sale of items such as heating and plumbing supplies, electrical
supplies, paint, glass, hardware, and wallpaper is permitted at retail
and deemed to be customarily incidental to the sale of lumber and
other building materials at retail.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as lubricating oils, plastics, resins, or liquors.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
MARINA
A facility for the storing, servicing, fueling, berthing,
and securing of private recreational pleasure-craft boats and that
may include yacht clubs, fishing stations, accessory restaurants and
accessory retail facilities.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014; amended 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
MARINE MOTOR-FUEL-DISPENSING FACILITY
A facility where flammable or combustible liquids or gases
used for watercraft are stored and dispensed from fixed equipment
on shore, piers or wharves into fuel tanks of watercraft and shall
include all other facilities used in conjunction therewith.
[Added 8-2-2018 by L.L.
No. 15-2018, effective 8-13-2018]
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical or massage therapist, or barbershops or beauty salons
in which massages are administered only to the scalp, face, neck or
shoulders. This definition also shall exclude spas, and health clubs
which have facilities for physical exercise, such as tennis courts,
racquetball courts or exercise rooms, and which do not receive their
primary source of revenue through the administration of massages.
MID-RISE BUILDING
A building or structure, except communication and electric
transmission towers, excluding half stories, greater than two stories
or 35 feet in height, and no more than three stories or 50 feet in
height.
[Added 5-25-2017 by L.L.
No. 14-2017, effective 6-7-2017]
MINIATURE GOLF COURSE
An informal version of golf played on a series of short,
constructed obstacle courses.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
MIXED-USE BUILDING
A building in which residential uses are permitted to exist
simultaneously with legally permitted commercial uses.
MOBILE HOME
A one-story, single-family dwelling unit not less than 10
feet in width and 50 feet in length which:
(1)
Is designed to be transported, after fabrication, on its own
wheels to a site upon which it is not permanently affixed to a foundation.
(2)
Is designed for year-round, long-term occupancy and contains
sleeping accommodations, a flush toilet, a tub or shower bath and
kitchen facilities, with plumbing and electrical connections designed
to be attached to outside systems.
(3)
May contain parts that may be folded, collapsed or telescoped
when being transported and expanded later to provide additional cubic
capacity, as well as two or more separately transportable components
designed to be joined into one integral unit capable of being again
separated into the components for repeated transporting.
MOBILE HOME COMMUNITY
A parcel of land not less than 50 acres in area which is
designed and improved for the placement of mobile homes for nontransient
occupancy.
MOBILE HOME LOT
A designated site within a mobile home community to be rented
for the exclusive use of the occupants of a single mobile home.
MOBILE HOME STAND
That part of an individual mobile home lot which has been
reserved for the placement of the mobile home.
MOTEL or MOTOR LODGE
A one-story or two-story building or series of one- or two-story
buildings containing separate units to be occupied as sleeping quarters
for transient travelers, together with adequate sanitary facilities
and parking facilities sufficient to accommodate one motor vehicle
for each unit. There shall be no cooking facilities contained in any
unit, and no cooking shall be permitted in any unit.
MOTOR VEHICLE DEALERSHIP
A building or a part of a building or a lot or a part of
a lot used for the sale, rental, lease, display or storage of new
and/or used vehicles, including, but not limited to, automobiles,
vans, trucks, trailers, buses, campers, recreational vehicles, boats
or any other vehicle required to be registered with the New York State
Department of Motor Vehicles. Accessory uses may include but are not
limited to motor vehicle repair and motor vehicle wash. This definition
shall not be construed to include heavy construction vehicles and
equipment as defined herein.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
MOTOR VEHICLE FUELING STATION
The retail sale of motor vehicle fuels or the sale of or
dispensing of motor vehicle fuel, including alternate fuels and fuel
cell electric charging for delivery into the service tank of any motor
vehicle.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
MOTOR VEHICLE RENTAL
A company which is engaged in the business of renting (without
a driver) motor vehicles and which maintains a motor vehicle fleet
of five or more passenger vehicles that are available for rental purposes,
but does not include a motor vehicle repair shop.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
MOTOR VEHICLE REPAIR
The repair or servicing of automobiles, trucks, motorcycles,
campers, trailers, recreational vehicles, recreational watercraft
or any type of vehicle defined as a motor vehicle by New York State.
Repair work shall include, but not be limited to, engine, transmission
and other mechanical repair, tune-ups, body work, tire mounting and
balancing, window tinting, detail work or similarly related work and
accessory repair, including, but not limited to, radio, telephone
and alarm installation.
MOTORIZED RECREATION
Any facility or location designed and equipped for the conduct
of a recreational or competitive activity dependent on the operation
of gas- or electric-powered motor vehicles occurring either within
or outside of an enclosed structure including the operation of motorcycles,
dirt bikes, go-karts, all-terrain vehicles, passenger vehicles and
trucks.
[Added 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
MOVIE THEATER, COMMUNITY
A building devoted to the showing of motion pictures on one
or more screens within the building(s) on a paid-admission basis where
the total number of seats or maximum permitted occupancy, as determined
by the Town of Brookhaven, does not exceed 1,500.
MOVIE THEATER, REGIONAL
A building devoted to the showing of motion pictures on one
or more screens within the building(s) on a paid-admission basis where
the total number of seats or maximum permitted occupancy, as determined
by the Town of Brookhaven, exceeds 1,500.
MULTIPLE-FAMILY RESIDENCES
Includes detached or semidetached dwelling units and other
forms of multiple-family structures, whether rental, cooperative or
condominium.
MUSEUM
A commercial establishment for preserving and exhibiting
artistic, historical, scientific, natural, or man-made objects of
interest. Such activity may include the sale of the objects collected
and memorabilia, the sale of craft work and artwork, boutiques and
the holding of meetings and social events.
NATURAL VEGETATION AND PLANT HABITAT CLEARING
The removal of any existing natural vegetation located on
a lot, parcel or site, exclusive of vegetation associated with active
agricultural or horticultural activity or formalized landscaped and/or
turf areas.
NIGHTCLUB or DANCE HALL
An establishment, 5,000 square feet or more, regulated by
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,
disc jockeys, juke boxes or hours of operation which extend beyond
the normal dining times for dinner. The accessory or incidental sale
of foods or snacks shall not entitle such a use to be considered a
restaurant under other provisions of this code. The permanent or temporary
removal of tables and chairs from such an establishment to permit
any of the aforesaid characteristics shall constitute the creation
of a nightclub.
[Added 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
NONCONFORMING STRUCTURE
Any structure that does not conform to the current zoning
by reason of lot area, setbacks, side yards or rear yards.
NONCONFORMING USE
Any use of a building, structure, land or underwater land
area lawfully existing at the time of the passage of this chapter,
or any amendments thereto affecting such use, which does not conform
to the regulations of the use district in which the building, structure,
land or underwater land is situated.
NON-DEGREE-GRANTING INSTRUCTION/PROGRAMS
A facility featuring non-degree-granting education and training,
including, but not limited to: instruction/programs, dance, gymnastics,
self-defense, swimming, music lessons, tutoring and other educational
instruction; and non-degree-granting instruction/programs associated
with manufacturing or driver training.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 2-14-2019 by L.L. No.
4-2019, effective 2-25-2019]
NONMOTORIZED RECREATIONAL ACTIVITIES
Recreation activities which occur outdoors and do not utilize motorized vehicles or motorized equipment, wherein no principal buildings are constructed, no sand or materials are removed from site, no grading and no clearing, other than for required parking or accessory structures, may occur. Said uses shall not include those uses permitted in Town Code §§
85-514 and
85-515.
NURSERY/GARDEN CENTER
Any building, structure, land or greenhouse used to raise
and/or display flowers, shrubs, trees and/or plants for sale, and
which may also include other merchandise associated with landscape
and gardening and not including greater than 15% of non-plant items.
A nursery/garden center shall not include bulk items (topsoil, sand,
gravel, mulch, stone and similar) or equipment typically associated
with landscape contracting, including but not limited to trucks.
[Added 7-21-2016 by L.L.
No. 20-2016, effective 8-5-2016]
NURSING HOME
A building or buildings which provide full-time skilled nursing
care and related medical services for aged, convalescent or chronic
disease patients and which is or will be licensed and operated in
conformity with the standards and regulations of the New York State
Department of Health and the New York State Department of Social Welfare.
No care shall be provided for persons who are mentally ill, acutely
ill or who have a communicable disease, and no surgical or obstetric
services shall be provided in such a home. The term "nursing home"
shall be deemed to include a convalescent home, sanatorium, rest home
or home for the aged, but shall not be deemed to include an extended-care
facility operated incident to and in conjunction with a hospital approved
by the Joint Commission on Accreditation.
OFFICE
A room or group of rooms used for conducting the affairs
of a business, profession, service industry, or government.
OFF-TRACK BETTING (OTB) PARLOR
A commercial use at which persons can visit to wager upon
and observe by remote television the outcomes of events that are taking
place elsewhere.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
OUTDOOR DISPLAY
The temporary display and/or sale of any goods, products
and/or merchandise, for retail sales to the general public, for personal
or household consumption, situated adjacent to the main building or
structure. These items may not be stored outside.
[Added 7-21-2016 by L.L.
No. 20-2016, effective 8-5-2016]
OUTDOOR RECREATION
Any facility or location designed and equipped for the conduct
of sports and nonmotorized recreational activities not occurring within
a structure or building, including, but not limited to, athletic fields,
courts, rinks, water parks, sports stadiums, pitches or ranges, or
structures, obstacles and ramps intended for use with skateboards,
bikes, skates, and nonmotorized scooters.
[Added 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
OUTDOOR STORAGE
The location of goods, materials or equipment other than
in an enclosed building or structure.
OUTDOOR STORAGE AS AN ACCESSORY USE
Such use as is incidental and subordinate to the principal
building located on the same lot with such principal building. Outdoor
storage as an accessory use is permitted only on the same lot upon
which a valid permitted principal building exists and may not exceed
1/3 the size of the principal building.
OUTSIDE SEATING
A porch, patio, deck or other area of land used for outdoor
dining services which is not within the interior building walls of
the restaurant, eatery or other facility with which the dining area
is associated.
PARKING GARAGE, PRIVATE
An accessory building, or a part of a principal building,
for the private use of the owner or occupant of a principal building
situated on the same lot of the principal building for the parking
of motor vehicles with no facilities for mechanical service or repair.
Each level of a parking garage shall be included in determining the
floor area ratio (FAR) of a parcel.
PARKING GARAGE, PUBLIC
A building or structure or a part of a building or structure
used for the parking of automobiles, with no facilities for motor
vehicle repair or service, operated as a business enterprise with
a service charge being or fee being paid to the owner or operator
for the parking of privately owned vehicles. Each level of a parking
garage shall be included in determining the floor area ratio (FAR)
of a parcel.
PARKING SPACE
An area available for the parking of one motor vehicle in
a private or public automobile parking field or private or public
parking garage and having direct access to a street or travel way.
Loading space shall not be included in such area.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
PEEP SHOWS
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
PERSON
Any individual, firm, trust, partnership, corporation or
other legal entity.
PERSONAL SERVICE SHOPS
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods, including, but
not limited to, barbershops, beauty shops, salons, shoe repair, spas,
tailors and tanning salons, excluding laundromats, mega laundromats
and dry cleaners.
[Amended 7-16-2015 by L.L. No. 13-2015, effective 7-28-2015]
PERSONAL SERVICE SPA
A commercial establishment offering health and beauty treatment
with therapeutic services through such means as steam baths, mineral
baths, saunas, exercise equipment, or massage and may include hair
and nail salon services.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
PHARMACY
A place where drugs and medicines are prepared and dispensed,
such as prescription drugs; a business substantially devoted only
to the sale of pharmaceutical items, health and wellness supplies,
and equipment.
[Added 7-21-2016 by L.L.
No. 20-2016, effective 8-5-2016]
PHYSICAL THERAPY
The treatment of disease, injury, or disability by physical
methods such as massage, heat, regulated exercise, water, light, heat,
or electricity treatments and may include patient education and training.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016]
PINE BARRENS CREDIT CERTIFICATE
A certificate issued by the Joint Planning and Policy Commission
which establishes the number of Pine Barrens development credits attributable
to a given lot, parcel or assemblage of lands located in the Core
Preservation Area which verifies the severance of development rights
from the subject premises as evidenced by a recorded written instrument,
a conservation easement, and which renders said Pine Barrens development
credits available for sale or transfer.
PINE BARRENS CREDIT PROGRAM
The allocation and subsequent transfer of Pine Barrens development
credits derived from lands located within the Core Preservation Area
for the purpose of redirecting development from the Core Preservation
Area to eligible lots, parcels or assemblages located in receiving
districts.
PLANNED DEVELOPMENT DISTRICT
A floating zone specifically designed and approved by the
Town Board to allow the unified and coordinated development of a parcel(s)
of land, including the transfer of density from the Core Area of the
Central Pine Barrens, as well as from one portion(s) of the site to
another portion(s), the granting of zoning incentives to achieve special
public benefits, and other flexible design features, all intended
to help achieve the implementation of the legislative intent, purposes
and goals of this article as established by the Town Board.
POLE
A legally constructed pole, such as a utility, lighting,
traffic or similar pole made of wood, concrete, metal or other material
located or to be located within the public right-of-way. A pole does
not include a tower or support structure and does not include a pole
or structure that support electric transmissions lines.
[Added 12-19-2019 by L.L.
No. 25-2019, effective 12-31-2019]
POOL HOUSE or CABANA
A customary accessory structure to a private swimming pool
used generally for the dressing and restroom facilities of the private
swimming pool users, and the storage of pool maintenance equipment
and pool accessories.
[Added 6-24-2021 by L.L. No. 10-2021; effective 7-7-2021]
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special
use permit or highway work permit has been properly issued prior to
the effective date of this article or which was permitted pursuant
to a lease or license granted by the Town Board, including permitted
towers or antennas that have not yet been completed or constructed
so long as such approval(s) is current and unexpired, or any tower
which is existing and has a certificate of compliance.
PREMISES
Land with or without buildings or structures thereon.
PRINTING PLANT
A commercial printing operation involving a process that
is considered printing, imprinting, reproducing or duplicating images
and using printing methods including, but not limited to, off-set
printing, lithography, web offset, flexographic, and screen process
printing.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
PRIVATE OR PUBLIC AUTOMOBILE PARKING FIELD
An off-street, ground-level open area, under or outside of
a building or structure, designed and used for the temporary storage
of motor vehicles, including parking lots.
[Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
PUBLIC MEETING
All open meetings as defined by the New York Open Meetings
Law.
PUBLIC RIGHT-OF-WAY
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, and for purposes of this chapter shall include
public utility easements, but only to the extent the Town has the
authority to permit use of the area for this purpose. The term does
not include a federal interstate highway or other areas that are not
within the legal jurisdiction, ownership or control of the Town.
[Added 12-19-2019 by L.L.
No. 25-2019, effective 12-31-2019]
PUBLIC SPACE
The totality of areas used freely on a day-to-day basis by
the general public, that help promote social interaction and a sense
of community; reflect the community's local character and personality;
foster social interaction and create a sense of community and neighborliness;
provide a sense of comfort or safety to people gathering and using
the space; and encourage use and interaction among a diverse cross-section
of the public. Examples include, but are not limited to, the following:
plazas, town squares, monuments or monument signs, active and passive
parks, band shells, marketplaces, public commons and malls, public
greens, and fishing and recreational piers.
RECEIVING DISTRICT
An eligible zoning district within the Town which is located
outside of the Core Preservation Area where Pine Barrens development
credits may be redeemed for an increase in intensity or density of
development.
RESEARCH AND DEVELOPMENT FACILITY
An establishment in which research, development, or controlled
production of high-technology electronic, industrial, or scientific
products or commodities for sale or laboratories conducting educational
or medical research or testing is conducted. This term includes, but
is not limited to, biotechnology or manufacturing of nontoxic computer
components.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
RESIDENTIAL OVERLAY DISTRICT
All lots, parcels or assemblages of lands located in the
A Residential 1 Zoning District and A Residential 2 Zoning District
and outside of the Core Preservation Area, subject to the criteria
set forth in this article.
RESIDENTIAL STREET
That part of every public street which abuts on or passes
through a residential-zoned district.
[Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
RESIDENTIAL WATCHMAN'S QUARTERS
An accessory residential unit located on the same premises
as the principal use, within a principal nonresidential building or
structure, or a detached residential dwelling, for occupancy by the
owner or operator, or an employee of the use acting as caretaker,
custodian, maintenance, or security personnel, together with his or
her immediate family, if applicable.
[Added 4-7-2016 by L.L.
No. 5-2016, effective 4-20-2016; amended 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
RESIDUAL USES
The uses permitted on privately held parcels, lots or assemblages
of land(s) located in the Core Preservation Area identified in a recorded
conservation easement.
RESTAURANT
Any establishment where the principal business is the commercial
sale of prepared food, frozen desserts or beverages, to patrons for
immediate consumption, with a total gross floor area of between 2,001
square feet and 4,999 square feet, or between 33 seats and 199 seats,
and without drive-through service.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 5-23-2019 by L.L. No.
11-2019, effective 6-3-2019]
RESTAURANT, MAJOR
Any establishment where the principal business is the commercial
sale of prepared foods, frozen desserts, or beverages, to patrons
for immediate consumption, with a total gross floor area of 5,000
square feet or greater, or with 200 seats or greater, or with drive-through
service.
RESTAURANT, TAKE OUT
Any establishment where the principal business is the commercial
sale of prepared foods, frozen desserts or beverages, to patrons for
immediate consumption, with a total gross floor area of 2,000 square
feet or less, not more than 32 seats, and without drive-through service,
including but not limited to delicatessens, bakeries, coffee shops,
cafes and bagel stores but excluding convenience stores.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 5-23-2019 by L.L. No.
11-2019, effective 6-3-2019; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
RETAIL SALES
The selling of goods, wares, and/or merchandise directly
to the ultimate consumer and/or persons without a resale license.
[Added 7-21-2016 by L.L.
No. 20-2016, effective 8-5-2016]
RETAIL SALES ESTABLISHMENT
A commercial enterprise that provides goods and/or services
directly to the consumer, where such goods are available for immediate
purchase and removal from the premises by the purchaser.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
ROAD FRONTAGE (COMMERCIAL AND INDUSTRIAL LOT FRONTAGE)
The horizontal distance between the side lot lines measured
at the point where the side lot lines intersect the street right-of-way.
All sides of a lot that abut a street shall be considered frontage.
On a curvilinear street, the arc between the side lot lines shall
be considered the lot frontage.
ROOMING HOUSE
A building, other than a motel or hotel, where lodging is
provided for compensation.
SENIOR CITIZEN HOUSING UNIT
A residential dwelling unit limited to persons who are 55
years of age or over, with the following exceptions:
[Amended 1-30-2020 by L.L. No. 1-2020; effective 2-10-2020]
(1)
A couple, in which one of the individuals is under the age of
55, but who resides together with the other individual who is 55 years
of age or older.
(2)
Children and grandchildren residing with their parents or grandparents
where one of said parents or grandparents with whom the child or children
or grandchild or grandchildren is/are residing is 55 years of age
or older, provided that said child or children or grandchild or grandchildren
are over the age of 19 years.
(3)
Adults under 55 years of age may be admitted as permanent residents
if it is established to the satisfaction of the Town Board that the
presence of such person is essential for the physical care and economic
support of eligible older persons.
SERVICE BUILDING
A permanent structure built to conform to Town construction
standards, housing management offices or recreational, maintenance,
storage or laundry facilities.
SHARED PARKING
Parking that is utilized by two or more different uses or
properties that generate different peak period parking demand.
SHOP
An enclosed building housing an establishment offering a
specified line of goods or services for retail sale direct to walk-in
customers.
SIGN
Every kind of billboard, signboard and other shape or device
or display arranged, intended, designed or used to advertise, announce,
direct or otherwise inform, including any text, symbol, marks, letters
or figures painted on or incorporated in the composition of the exterior
surface of a building or structure, but not including any flag, pennant
or insignia of any nation, state or municipal corporation.
SINGLY AND SEPARATELY OWNED LOT
Any lot owned individually and separately and separate from
any adjoining tracts of land on or before its inclusion within any
zoning district and owned individually and separately and separated
from any adjoining tracts of land continuously thereafter.
SMALL CELL ANTENNA
Low-powered radio access nodes, including those that operate
in licensed spectrum and unlicensed carrier-grade WiFi. Small cell
technology includes but is not limited to femtocells, picocells, microcells,
metrocells and distributed antenna systems, which provide a network
densification solution that offloads traffic from the macro network
to add capacity.
[Added 12-19-2019 by L.L.
No. 25-2019, effective 12-31-2019]
SMALL WIRELESS FACILITIES
Facilities that meet each of the following conditions:
[Added 12-19-2019 by L.L.
No. 25-2019, effective 12-31-2019]
(1)
The facilities:
(a)
Are mounted on structures 50 feet or less in height, including
their small cell antennas; or
(b)
Are mounted on structures no more than 10% taller than other
adjacent structures; or
(c)
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
(2)
Each small cell antenna associated with the deployment, excluding
associated antenna equipment, is no more than three cubic feet in
volume;
(3)
All other wireless equipment associated with the structure,
including the wireless equipment associated with the small cell antenna
and any preexisting associated equipment on the structure, is no more
than 28 cubic feet in volume.
SOLAR COLLECTION SYSTEM
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
Solar carports and roof-mounted solar panels shall be deemed to be
solar collection systems.
[Amended 10-27-2016 by L.L. No. 23-2016, effective 11-7-2016]
SOLAR ENERGY PRODUCTION FACILITY (SOLAR FARM)
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to a public utility entity. Solar energy production
facilities consist of one or more freestanding ground or roof-mounted
solar collector devices, solar-related equipment and other accessory
structures and buildings, including light reflectors, concentrators,
and heat exchangers, substations, electrical infrastructure, transmission
lines and other appurtenant structures and facilities.
STANDALONE FARM STAND
Any structure, not on the same property as a farm, used for
the purpose of retail sale of produce, plant stock or products cooked,
pressed or dried from produce grown on farming operations. A truck
or trailer on wheels, with areas in excess of 20 square feet and not
exceeding 1,000 square feet, displaying locally grown produce shall
be considered a standalone farm stand. A standalone farm stand shall
not sell manufactured products or products not locally grown.
STANDARDS
Mandatory parameters and requirements applicable to development
within the Compatible Growth Area as established in this article.
STONE AND MASON SUPPLY
Any structure or land used for the display and/or sale of
natural stone, cultured stone, pavers, bricks, retaining walls and
which may also include other mason supplies, construction, landscape
and building materials associated with landscaping and building construction.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between such floor and the ceiling
next above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the finished floor of such story.
STREET
A public way which affords the principal means of access
to abutting properties. Boardwalks on the Great South Beach shall
be deemed to be streets for the purpose of this chapter. Neither tidal
nor nontidal waters nor the shores, strands or beaches along the same
shall be deemed streets for the purpose of this chapter.
STRUCTURE
An assembly of materials forming a construction of component
structural parts for occupancy or use, including buildings, but not
including fences which are six feet or less in height. The term "structure"
shall be construed as though followed by the words "or part thereof."
TASTING ROOM
A tasting room may be permitted as an accessory use to a
farm brewery, cidery, distillery, or winery, which may be open to
the general public and used for the retail marketing of fermented
or distilled beverages. Tasting rooms shall be clearly incidental
and accessory to the production facility. Marketing activities may
include an accessory gift shop that may sell items such as corkscrews,
glasses, decanters, shirts, etc., that are incidental and related
to the production facility.
[Added 2-4-2016 by L.L.
No. 1-2016, effective 2-18-2016]
TAXI AND LIMOUSINE STATION
A company which is engaged in the business of transporting
fewer than 20 passengers (with a driver) and which maintains a motor
vehicle fleet of two or more passenger vehicles, but does not include
a motor vehicle repair shop.
[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
TOURIST CAMP
Any plot on which is located or which is offered to the public
for the location of one or more tents, cabins, tent-houses, camp cottages,
tourist units, house-cars or trailers designed or equipped to be used
for living, sleeping or eating.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, Long
Island Power Authority (LIPA) transmission poles and similar structures,
but not including telephone poles and streetlight poles. The term
includes the structure and any support thereto.
TRAILER or HOUSE-CAR
Any vehicle designed or equipped to be used for living, sleeping
or eating and designed to move from place to place on wheels, propelled
by its own power or otherwise drawn or propelled.
TRANSFER OF DEVELOPMENT RIGHTS
The severance of existing development rights from a parcel,
lot or assemblage of land(s) as evidenced by a written instrument
(conservation easement) in recordable form and/or duly recorded.
TRANSFER STATION
A combination of structures, machinery and/or devices at
a place or facility where construction or demolition debris consisting
of concrete, asphalt, rubble, wood, metal, sheetrock or plaster board
is taken from collection vehicles, sorted in such a manner as to recover
recyclable materials and from which unusable by-product is placed
in other transportation units for movement to a solid waste management
facility.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
TRANSIENT RECREATIONAL USE
[Added 12-19-2023 by L.L. No. 13-2023, effective 12-29-2023]
(1)
A parcel situated in a residential zone or a portion thereof,
or any building or structure thereupon or portion thereof, rented
or leased by any owner or occupant of the parcel to a third party
for recreational use, including but not limited to pool or hot tub
rentals, party or yard rentals, or sport court rentals.
(2)
Presumption of transient recreational use: Any land or portion
thereof, or any building or structure thereupon or portion thereof
subject to this chapter, shall be presumed to be occupied as a transient
recreational use if offered as such for rent to a third party in an
advertisement or solicitation listed, placed, posted or submitted
for inclusion on any website, in any mass media, or in any printed
materials; or offered for lease through any medium. This presumption
shall be rebuttable.
TRANSIENT RESIDENTIAL OCCUPANCY
[Added 12-19-2023 by L.L. No. 13-2023, effective 12-29-2023]
(1)
A dwelling unit which is occupied for habitation as a residence
by persons, other than the owner or a family member of the owner,
and for which rent is received by the owner, directly or indirectly,
in exchange for such residential occupation for a period of less than
28 nights. For the purposes of this chapter, the term "transient residential
occupancy" shall mean all non-owner-occupied, single-family residences,
two-family residences, and townhouses rented for a period of less
than 28 nights and shall not include:
(a)
Properties used exclusively for nonresidential commercial purposes
in any zoning district as otherwise provided for in this chapter;
or
(b)
Any hotels, motels or bed-and-breakfast establishments operating
with the benefit of a certificate of occupancy or its equivalent.
(c)
A dwelling unit located on Great South Beach (Fire Island).
(2)
Presumption of transient residential occupancy: Any dwelling,
dwelling unit, or any part of a dwelling unit shall be presumed to
be occupied as a transient residential occupancy if offered for rent
for a period of less than 28 nights in an advertisement or solicitation
listed, placed, posted or submitted for inclusion on any website,
including but not limited to Airbnb, HomeAway, VRBO, in any mass media,
or in any printed materials; or offered for lease or rent through
any medium for a period of less than 28 nights. This presumption shall
be rebuttable.
(3)
It shall be unlawful and a violation of this article for any
person, corporation, limited-liability corporation (LLC), company,
broker, agent or other entity to cause an advertisement or solicitation
for a rental dwelling to be listed, placed, posted or submitted for
inclusion on any website, in the mass media, or in printed materials,
including flyers, without such person, broker or agent first verifying
the existence of a valid rental registration.
TRANSPORTATION TERMINAL/FACILITY
Premises and building(s) for the storage or parking of registered
motor vehicles or other modes of transportation, where passengers
may or may not load and unload.
TRUCKING TERMINAL
Premises and building(s) where trucks load and unload cargo,
which may or may not be broken down into smaller, or aggregated into
larger loads for transfer to other motor vehicles or modes of transportation.
Warehouses, incidental to the principal use, may also be part of a
trucking terminal.
UNDERTAKING ESTABLISHMENT/MORTUARY
An establishment providing services such as preparing the
human dead for burial and arranging and managing funerals. The facility
may include a chapel for the conduct of funeral services and spaces
for funeral services and informal gatherings or display of funeral
equipment.
USE
The purpose for which land or a building or structure is
designed, arranged or intended or for which it is or may be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
VETERINARY HOSPITAL
Any facility maintained by or for the use of a licensed veterinarian
in the diagnosis, treatment, or prevention of animal diseases wherein
the animals are limited to dogs, cats, or other comparable household
pets and wherein the overnight care of said animals is prohibited
except when necessary in the medical treatment of said animals.
VISITOR CENTER
A building or structure that provides local information and
tourist information to visitors.
[Added 8-2-2018 by L.L.
No. 15-2018, effective 8-13-2018]
WAREHOUSE
A building used primarily for the storage of goods and materials,
with limited trucking activity, and may include an office.
[Added 2-10-2017 by L.L.
No. 5-2017, effective 2-23-2017]
WECS HEIGHT, TOTAL
When referring to a wind energy conversion system, the distance
measured from the grade level at the center of the foundation to the
highest point on the structure (including the blades), even if said
highest point is a lightning protection device or any other allowable
apparatus attached to the wind energy conversion system.
WECS, HORIZONTAL AXIS
A wind turbine where the main rotor shaft is set horizontally
and the main components, such as gearboxes and generators, are located
at the top of the tower.
WECS, SETBACK ZONE
The area, defined as the furthest distance from the tower
base, in which a tower will collapse in the event of a structural
failure.
WECS TOWER, GUYED
A freestanding wind energy conversion system support structure
consisting of a single pole supported by tensioned cables (guy wires)
anchored to the ground.
WECS TOWER, LATTICE
A freestanding framework tower, typically consisting of cross-bracing
of structural steel connected into a framework.
WECS TOWER, MONOPOLE
A freestanding wind energy conversion system support structure
consisting of a single pole, without guy wires or ground anchors.
WECS, VERTICAL AXIS
A wind turbine where the main rotor shaft is set vertically
and the main components such as gearboxes and generators are located
at the base of the turbine.
WORKFORCE HOMEOWNERSHIP HOUSING
Housing for individuals and families whose household incomes
are between 80% and 120% of the area median income based on family
size for Nassau-Suffolk Counties as determined annually by the Federal
Department of Housing and Urban Development ("HUD").
[Added 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016]
WORKFORCE RENTAL HOUSING
Housing for individuals and families whose household incomes
are between 50% and 80% of the area median income based on family
size for Nassau-Suffolk Counties as annually determined by the Federal
Department of Housing and Urban Development ("HUD").
[Added 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016]
YARD
An open space on the same lot with a building or structure,
unoccupied and unobstructed from the ground upward, except as otherwise
provided in this chapter.
YARD, FRONT
An open, unoccupied space on the same lot with a building
or structure, extending the full width of the lot and situated between
the street line and the front line of the building or structure projected
to the side lines of the lot The depth of the front yard shall be
measured between the front line of the building or structure and the
street line.
YARD, PRIMARY FRONT
For principal structures located on corner lots, that portion
of said corner lot which has frontage upon the street which the main
entrance of the building faces, as shown by plans or physical layout,
shall be deemed the primary front yard.
[Added 10-3-2019 by L.L.
No. 22-2019, effective 10-16-2019]
YARD, REAR
An open, unoccupied space on the same lot with a building
or structure, extending the full width of the lot and situated between
the rear line of the lot and the rear line of the main building or
structure projected to the side lines of the lot. The depth of the
rear yard shall be measured between the rear line of the lot and the
rear line of the main building or structure. In the case of corner
and through lots, as defined in this chapter, the rear lot line shall
be opposite the primary front lot line.
[Amended 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]
YARD, SECONDARY FRONT
For principal structures located on corner lots, that portion
of a corner lot which has frontage upon the street which the main
entrance of the building does not face, as shown by plans or physical
layout, shall be deemed the secondary front yard.
[Added 10-3-2019 by L.L.
No. 22-2019, effective 10-16-2019]
YARD, SIDE
An open, unoccupied space on the same lot with a building
or structure, extending from the rear line of the front yard to the
front line of the rear yard and situated between the side line of
the main building or structure and the adjacent side line of the lot.
In the case of corner lots, as defined in this chapter, lot lines
opposite a secondary front lot line shall be deemed a side yard and
shall have a minimum width equal to the minimum side yard requirements
of the zoning district in which located.
[Amended 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]