Definitions. As used in this article, the following terms shall have
the meanings indicated:
ABANDONMENT
Nonpayment of taxes for one year and intent to abandon as
manifested by noncontinuous use of any use within a building for a
three-year period as measured by three summer seasons from Memorial
Day to Labor Day.
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use customarily incidental and subordinate
to the principal building or use and located on the same lot with
such principal building or use.
ALTERATION
A change or rearrangement in the structural parts of a building
or other structure, including interior partitions, exterior porches,
exits and decks, interior load-bearing walls, capacities of utility
pipes, ducts or conduits.
BATHHOUSE
A building or portion thereof containing dressing rooms and/or
lockers for bathers.
BOARDINGHOUSE
A building, other than a hotel or restaurant, where lodging
and meals for five or more persons are served for compensation, including
tourist houses, rooming houses and lodging houses.
BUILDING
An enclosed structure having a roof supported by columns,
walls or cantilevers, and if separated by a party wall without openings,
it shall be deemed a separate building.
BUILDING AREA
The total areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings on a lot,
excluding uncovered steps.
BUILDING HEIGHT
The vertical distance between the average existing ground
elevation up to the highest point of the roof. In no case shall the
building height be measured from a point less than the minimum elevation
necessary to meet the prerequisite for federal flood insurance, designated
within the Flood Risk Zone by the National Flood Insurance Programs,
Federal Emergency Management Agency, indicated on the Flood Insurance
Rate Map for the Great South Beach, Brookhaven Town, Community No.
365-334B.
DANCE HALL OR DISCOTHEQUE
A public place in which people assemble, where the main purpose
of assembly is dancing to musical accompaniment, live or recorded.
Such establishment may or may not serve alcoholic beverages.
DEVELOPED PROPERTY
Any property which has been altered from its natural state
by the construction or erection of materials located in, upon or attached
to something located in or upon the ground. Such alterations may include
buildings, decks, aboveground swimming pools, storage sheds, patios,
docks, tennis courts, septic systems or leaching fields, walkways,
groins, fences and signs (except dune protection fences and signs),
roads, retaining walls, grading, artificial fill or other structures
or materials, excluding live vegetation.
DEVELOPMENT
Any activity, action or alteration which changes undeveloped
property into developed property.
DWELLING, MULTIPLE
A building designed for or occupied by three or more families
living independently of each other with separate cooking facilities,
including cooperative apartments, garden apartments and condominium
apartments.
DWELLING, SINGLE- OR ONE-FAMILY
A detached building arranged, designed for or occupied exclusively
as a home or residence by one family doing its own cooking.
DWELLING, TWO-FAMILY
A detached building designed for or occupied exclusively
as a home or residence for not more than two families living independently
of each other with separate cooking facilities.
FAMILY
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
GUESTHOUSE
An accessory structure, on the same lot as the principal
building, for the temporary accommodation of guests of residents living
in the principal building, without any cooking facilities.
HOTEL
A building designed to provide individual sleeping accommodations
for short-term transient occupants, with or without direct outside
access, with or without restaurant facilities and with or without
a common entrance, common heating system or general dining room.
IMPROVED PROPERTY
A type of developed property which is defined by the Fire
Island National Seashore Act, Public Law No. 88-587, Section 2(F),
1964, to mean any building, the construction of which was begun prior
to July 1, 1963, and such amount of land, not in excess of two acres
in the case of a residence or 10 acres in the case of a commercial
or industrial use, on which said building is situated as the Secretary
of the Interior considers reasonably necessary to the use of the building.
The Secretary of the Interior may exclude from such improved property
any beach or waters, as well as land adjoining such beach or waters,
which he deems necessary for public access thereto.
LOT
A parcel of land, exclusive of public walk areas, used or
designed to be used by one use or building or by a related group of
uses or buildings and the accessory uses of buildings customarily
incident thereto, including such open spaces as are required by this
chapter.
LOT AREA
The total area measured inside of all the lot lines, excluding
underwater areas below mean high water.
NONCONFORMING USE
Any building, structure or land lawfully occupied by a use
that does not conform to the regulations of the use district in which
it is situated.
PREMISES
A tract of land with buildings thereon.
RESTAURANT
A building or part of a building or plot on or in which food
and/or beverages are prepared and served to patrons, either inside
and/or outside, whether counter service or carry-out, fast-food or
table service.
SIGN
Any device intended for use for the purpose of advertisement,
identification, publicity or notice when visible from the exterior
of a structure in or on which the sign is located. The term "sign"
shall include any billboard illustration, insignia, lettering, picture,
display banner, pennant or flag, however made, displayed, painted,
supported or attached, and shall exclude house numbers in the residence
district not larger than 1/2 square foot.
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 ceiling,
which shall not exceed 28 feet in height. In structures of more than
one story, the definitional footage measurement to be used to determine
height is 10 feet.
STRUCTURE
Anything constructed or erected which requires location in
or upon the ground or attached to something having location in or
upon the ground, including all types of signs. The word "structure"
shall be construed as though followed by the words "or part thereof."
UNDEVELOPED PROPERTY
Any property which has not been altered from its natural
state, with the exception of such dune protection measures as snow
fencing, beach nourishment or dune grass planting.
UNIMPROVED PROPERTY
Either undeveloped property or property which is developed
or built after July 1, 1963.
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" shall not be deemed to include
any nonconforming use.
WALK
A public or private right-of-way, as shown on the Zoning
Map, which affords the principal means of access to abutting properties.
Neither tidal nor nontidal waters nor the shores, strands or beaches
along the same shall be deemed walks for the purpose of this chapter.
YARD, FRONT
The open space between the walk or right-of-way and the nearest
part of any building.
YARD, REAR
Open space on the same lot with the main building between
the rear line of said building and the rear line of the lot.
YARD, SIDE
Open space on the same lot with the main building situated
between the building and the side line of the lot and extending through
from the walk or from the front yard to the rear yard of the lot.
Any lot line not a walk line or a rear line shall be deemed a "side
line."