Terms defined. Unless otherwise expressly stated,
the following words shall, for the purpose of this chapter, have the
meanings herein indicated:
ACCESSORY BUILDING
A building subordinate to the main building on a lot used
for purposes customarily incidental to those of the main building.
ACRE
As applicable to this chapter, refers to the land exclusive
of the street areas.
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 DRIVE-IN THEATER
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but exclude any minor by
reason of age.
ADULT ENTERTAINMENT CABARET
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.
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 are not open to the public generally
but exclude any minor by reason of age.
BOARDING- OR LODGING HOUSE
A dwelling, any part of which is used for the purpose of
furnishing lodging, with or without meals from a common dining area,
for compensation, where such lodging is provided for two or more persons.
[Added 10-28-1975 by L.L. No. 23-1975]
BOAT
A vessel capable of carrying one or more people and intended
for use on or in the water.
[Added 12-6-1982 by L.L. No. 5-1982]
BUILDING AREA
The aggregate of the maximum horizontal cross-section area
of the building on a lot, excluding cornices, eaves, gutters or chimneys
projecting not more than 18 inches, steps, one-story open porches,
bay windows not extending through more than one story and not projecting
more than five feet and balconies and terraces.
BUILDING INSPECTOR
The Building Inspector of the Village of Lindenhurst or any
person appointed to act as such for the purposes of this chapter by
the Board of Trustees.
CELLAR
A portion of a dwelling which is less than one-half (1/2)
above grade and has windows more than four and one-half (4 1/2)
feet above the floor or has less than two exits directly to the outside
or has the heating boiler or hot-water heater in it.
[Added 12-6-1982 by L.L. No. 5-1982]
DEPTH OF LOT
The mean distance from a street line of the lot to its opposite
rear line, measured in the general direction of the side lines of
the lot.
DISPLAY SIGNS
A sign, sign screen, billboard, advertising device and every
kind of structure that is arranged, intended, designed or used as
an advertisement, announcement or direction.
FAMILY
One or more persons related by blood, adoption or marriage,
living together as a single housekeeping unit, or a number of persons
living together as a single housekeeping unit though not related by
blood, adoption or marriage.
[Amended 10-28-1975 by L.L. No. 23-1975; 12-6-1982 by L.L. No. 5-1982; 6-16-1992 by L.L. No. 2-1992]
FENCE
May be either a woven-wire, vertical wood-staving, split-rail
or basket-weave fence or a fence having open spaces the same width
as, and between, each of the pickets, slats or other material used
in its construction or as otherwise permitted by the Board of Appeals
as hereinafter provided.
FLAG LOT
An interior parcel of land shaped like a flag or a "T," the
staff of which is a narrow strip of land providing vehicular and pedestrian
access to a street, with the bulk of the property lying to the rear
of another lot.
[Added 10-7-2008 by L.L. No. 3-2008;
amended 6-2-2009 by L.L. No. 2-2009]
FRONT YARD
The required open space extending along the lot line on any
street on which the lot abuts. In computing a "front yard," the distance
shall be computed exclusive of cornices, eaves, gutters, chimneys,
balconies, terraces and bay windows not extending through more than
one story and not projecting more than two feet, except that chimneys
may extend through more than one story.
[Amended 10-30-1979 by L.L. No. 9-1979; 12-6-1982 by L.L. No. 5-1982]
GOLF COURSE
A course of links of either nine or 18 holes of an average
length of approximately 333 yards each, upon which the game of golf
may be played during daylight hours only.
HEIGHT
The "height" of a building shall be measured from the crown
of the road in front of the building to the highest point of the building,
provided that chimneys, spires, towers, elevator penthouses, tanks
and similar projections shall not be included in the height.
[Amended 8-20-1987 by L.L. No. 12-1987]
LOT
The land occupied or to be occupied by one main building
and its accessories, together with the open spaces required by this
chapter.
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, medical clinic or the
office of a physician, surgeon, chiropractor, osteopath or duly licensed
physical therapist or barbershops or beauty salons in which massages
are administered only to the scalp, face, neck or shoulders. This
definition also shall exclude 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.
MINOR GARAGE
A building, not a private garage, one story in height, used
for the storage of automobiles (not trucks) and not used for making
repairs thereto.
MULTIPLE-FAMILY DWELLING
A building, not a single-family dwelling or a two-family
dwelling, designed for and to be occupied exclusively for dwelling
purposes.
NONCONFORMING BUILDING, LOT OR STRUCTURE
A building, lot or structure, the size, dimension or location
of which was lawful prior to the adoption or amendment of these zoning
provisions but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption or amendment.
[Added 6-16-1992 by L.L. No. 2-1992]
NONCONFORMING USE
A land use which was lawful prior to the adoption or amendment
of these zoning provisions but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption
or amendment.
[Added 6-16-1992 by L.L. No. 2-1992]
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.
PRIVATE GARAGE
A building used for the storage of not more than three automobiles
owned and used by the owner or tenant of the lot on which it is erected
for a purpose accessory to the use of the main building and for the
storage of not exceeding two additional automobiles (not trucks) owned
or used by others for a similar purpose, if they are stored in the
same room in which the automobile or automobiles of the owner or tenant
are stored.
PUBLIC GARAGE
A building, other than a private or a minor garage, one or
more stories in height, used for the storage or repair of automobiles.
REAR YARD
The required open space extending along the rear lot line,
not a street line, throughout the whole width of the lot. In computing
a "rear yard," the distance shall be computed exclusive of cornices,
eaves, gutters, chimneys, balconies, terraces and bay windows not
extending through more than one story and not projecting more than
two feet, except that chimneys may extend through more than one story.
[Amended 10-30-1979 by L.L. No. 9-1979]
SIDE YARD
The required open space extending along the side lot line
from the front yard to the rear yard. In computing a "side yard,"
the distance shall be computed exclusive of cornices, eaves, gutters,
chimneys, balconies, terraces and bay windows not extending through
more than one story and not projecting more than two feet, except
that chimneys may extend through more than one story.
[Amended 10-30-1979 by L.L. No. 9-1979]
SINGLE-FAMILY DWELLING
A building designed for and to be occupied exclusively as
a home or residence for not more than one family.
SIZE OF DWELLING
The amount of square feet of exterior measurements of dwellings,
excluding breezeways, garages, utility rooms and open porches.
STRUCTURE
A combination of materials other than a building to form
a construction that is safe and stable and includes, among other things,
stadiums, gospel and circus tents, reviewing stands, platforms, stagings,
observation towers, radio towers, sheds, coal bins, walls, fences
and display signs. The term "structure" shall be construed as though
followed by the words "or part thereof."
TELEPHONE EXCHANGE
A building erected or used exclusively as a central station
where telephone lines meet and where connections are made between
them and where no trucks or materials are stored.
TWO-FAMILY DWELLING
A building designed for and to be occupied exclusively as
a home or residence for two families.
TWO-STORY BUILDING
Any building where the area of the second floor is equal
to 75% of the area of the first floor.
WIDTH OF LOT
The mean width measured at right angles to its depth.