Words used in the present tense include the
future and the future, the present; the singular number includes the
plural and the plural, the singular; the word "lot" includes the word
"plot," and the word "occupied" includes the words "designed or intended
to be occupied," the word "use" includes the words "arranged, designed
or intended to be used," the word "person" includes a corporation
as well as an individual, as the sense may require it; the word "shall"
is always mandatory.
Certain words in this chapter are defined for
the purpose thereof as provided in this article:
ABATTOIR
A slaughterhouse for the slaughtering of livestock other
than poultry.
ACCESSORY BUILDING
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
AGRICULTURE
Includes the cultivation of the soil for food products or
other useful or valuable growths, crops or products of the field or
garden, tillage or husbandry, but shall not include dairying or raising
of livestock, fowl or birds where the same is carried on as a gainful
operation.
ALTERATION
As applied to a building or structure, the change or rearrangement
of the structural parts or in the exit facilities, or any enlargement,
whether by extending on any side or by increasing in height, or the
moving from one location to another. It does not include ordinary
repairs to buildings or structures.
AMENITY
When used with regard to incentive zoning shall be deemed
to include the word "benefit."
[Added 10-7-2014 by L.L. No. 6-2014]
BAR, TAVERN, or NIGHTCLUB
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption, subject to the
regulatory authority of the New York State Liquor Authority and consisting
of one or more of the following characteristics: age restrictions
or cover charges for admission; hours of operation which include any
of the hours between 11:00 p.m. and 6:00 a.m.; and music. The accessory
or incidental sale of food or snacks shall not entitle such a use
to be considered a restaurant or a bar or tavern under other provisions
of this Code.
[Added 10-7-2014 by L.L. No. 6-2014]
BASEMENT
That space of a building that is partly below grade and which
has more than 1/2 of its height, measured from floor to ceiling, either
above the average established curb level or above the finished grade
of the ground adjoining the building.
[Added 3-17-1987 by L.L. No. 5-1987;
amended 7-21-1998 by L.L. No. 3-1998]
BUILDING
A combination of materials other than a structure to form
a construction that is safe and stable and adopted to permanent or
continuous occupancy for public, institutional, residence, business
or storage purposes; the term "building" shall be construed as if
followed by the words "or part thereof."
BUILDING AREA
The sum of the areas of the maximum horizontal cross sections
of all principal and accessory buildings on a lot, excluding: cornices,
eaves, gutters or chimneys projecting not more than 24 inches; one-story
bay windows or balconies projecting not more than three feet; and
1/2 or 50 square feet (whichever is less) of the floor area of an
open porch on the front of a dwelling.
[Amended 3-17-1987 by L.L. No. 5-1987; 12-2-1997 by L.L. No.
4-1997]
BUILDING INSPECTOR
The officer or other person specifically charged by the Board
of Trustees with the administration and enforcement of this chapter,
or his duly authorized representative.
CELLAR
That space of a building that is partly or entirely below
grade and which has more than 1/2 its height, measured from floor
to ceiling, both below the average established curb level and below
the finished grade of the ground adjoining the building.
[Added 3-17-1987 by L.L. No. 5-1987;
amended 7-21-1998 by L.L. No. 3-1998]
CLUB
An association of persons for social, fraternal, religious
or charitable purposes, whose activities are confined to the persons
who are members, and their activities and are not extended to the
public.
COMMERCIAL PARKING LOT
Any lot or premises, other than one owned or maintained by
the municipality, used for parking automobiles or other motor vehicles
by the public upon the payment of a fee, whether or not such use be
an accessory use.
COMMERCIAL VEHICLE
Includes, but is not limited to, any vehicle other than a
personal passenger vehicle, or motorcycle which is primarily designed,
constructed, used, or maintained for the transportation of goods,
merchandise, or property, or for the livery or transport of passengers
for hire or compensation, whether on a profit or nonprofit basis,
or for the livery or transport of children to or from school or camp,
or as the power unit for the hauling of freight or cargo by trailer
or semitrailer or any combination of trailers and semitrailers or
any type of nonmotorized trailer unit. Commercial vehicles shall also
include but not be limited to buses, ambulettes, delivery vans, taxis,
and limousines.
[Added 6-22-2004 by L.L. No. 14-2004]
CORNER LOT
A lot situated at the intersection or junction of two or
more public streets.
[Amended 2-4-2003 by L.L. No. 2-2003]
COURT
A required open and unoccupied space on the same lot and
enclosed, on at least three sides, by walls of a building.
CURB LEVEL
For the purpose of measuring the height of a building, the
mean of the established curb level in front of the building. If no
curb exists, the curb level shall be deemed to be the mean of the
established grade at the center line of the street in front of the
building. If a lot fronts on two or more streets of different levels,
the mean curb level of the highest street may be taken as the curb
level for the purpose of determining all vertical measurements within
a distance of 100 feet back from the wall nearest the highest street.
If a building exceeds 100 feet in length along a street, each 100
feet thereof shall conform to the height regulations of this chapter,
and the curb level for the purpose of determining the permitted height
shall be the mean curb level in front of each 100 feet of such building.
DEPARTMENT OF HEALTH
Refers to the Department of Health of the County of Nassau
and any other health board or department established pursuant to the
laws of the State of New York and entrusted with the regulations,
control and/or supervision of matters pertaining to and affecting
the public health in the Village of Great Neck.
DEPTH OF A LOT
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
EAVES
The lowest edge of a roof that overhangs a wall. When measuring
the height of the eaves of a building, the measurement shall be taken
from the average level of the grade to the lowest edge of the overhanging
roof. In the event that the building has eaves of different heights,
the limitation on the maximum height shall apply to the uppermost
of the eaves.
[Added 10-7-2014 by L.L. No. 11-2014]
FAMILY
One or more persons related by blood, adoption or marriage
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, not exceeding two, living
and cooking together as a single housekeeping unit though not related
by blood, adoption or marriage shall be deemed to constitute a family.
[Amended 12-19-1978 by L.L. No. 8-1978]
FLOOR AREA
The sum of the gross areas of the several floors of all principal
and accessory buildings on a lot, measured from the exterior faces
of exterior walls.
[Added 3-17-1987 by L.L. No. 5-1987;
amended 5-19-1987 by L.L. No. 10-1987; 12-2-1997 by L.L. No. 4-1997; 3-2-2004 by L.L. No. 8-2004; 3-2-2004 by L.L. No. 10-2004; 8-18-2009 by L.L. No. 7-2009]
A.
In particular, floor area shall include:
(2)
Floor space of each story above and including the basement and
below and excluding the attic that provides clear headroom of seven
feet or more below the structural elements and that portion of any
attic space, whether or not a floor has been laid, that provides clear
headroom of seven feet or more below the structural elements.
(3)
Floor space in interior balconies or lofts.
(4)
Floor space in roofed terraces, exterior balconies or open porches,
if more than 50% of the perimeter thereof is enclosed by other than
a parapet not higher than three feet eight inches or a railing not
less than 50% open and not higher than four feet six inches.
(5)
Floor space in garages located on the same lot as a single-family dwelling, except as excluded in Subsection
B hereof.
B.
However, the floor area of a building shall not include:
(1)
Cellar space, other than as set forth in Subsection
A(5) above.
(2)
One-half of the floor space in garages on the same lot as a
single-family dwelling up to a maximum of 200 square feet.
(3)
Floor space, whether or not enclosed by walls, that is used
exclusively for the parking of motor vehicles in a building located
in an apartment, multiple residence, mixed-use, business or waterfront
district.
FLOOR AREA RATIO
The ratio of floor area to lot area determined by dividing
floor area by lot area. Unless a different formula is expressly provided
for in a particular district, "floor area ratio" shall be equal to
the total floor area on a lot divided by the total area of the lot.
[Added 5-19-1987 by L.L. No. 10-1987; amended 6-26-1990 by L.L. No. 5-1990]
FRONT YARD
A yard across the full width of the lot extending from the
front line of the building to the front line of the lot.
FRONT YARD COVERAGE
The total area of a front yard, measured in square feet,
that is covered by an accessory building, structure, porch, patio,
paving or other surfacing, not including landscaping.
[Added 10-25-2016 by L.L.
No. 4-2016]
GROUND LEVEL
The level of the ground in its natural state at the point
of measurement. The "mean ground level" is the average elevation of
the "ground level" measured along the entire foundation of a building
and not between the highest and lowest points.
[Added 6-26-1990 by L.L. No. 5-1990]
GROUP GARAGE
A building one story in height, divided into separate units
or with a common means of access, used for the storage of noncommercial
automobiles, but not used for servicing or making repairs to automobiles.
GYMNASIUM
An establishment open to the general public for physical
exercise and training, including but not limited to any or a combination
of the following: aerobics, dance, weight lifting, exercise machines,
martial arts, and the playing of musical instruments, and where no
alcoholic beverages are sold.
[Added 10-7-2014 by L.L. No. 6-2014]
HABITABLE FLOOR AREA
In a dwelling, rooms occupied by one or more persons for
living, eating, and/or sleeping but, except for basements, does not
include attached or built-in garages, open porches or open terraces
or rooms below grade. It shall be construed to mean all finished floor
area, excluding hallways, corridors, bathrooms, and laundry rooms,
having clear headroom of 7 1/2 feet or over below the structural elements
and all finished floor area in hallways, corridors, bathrooms, and
laundry rooms having clear headroom of seven feet and over below the
structural elements. Permanently enclosed porches and terraces shall
be included as habitable floor area.
[Amended 8-18-2009 by L.L. No. 7-2009]
HEIGHT OF BUILDING
[Amended 2-5-1990 by L.L. No. 1-1980; 6-26-1990 by L.L. No. 5-1990; 12-2-1997 by L.L. No. 4-1997; 2-7-2006 by L.L. No. 3-2006; 1-16-2007 by L.L. No. 2-2007; 10-7-2014 by L.L. No. 6-2014]
A.
The height of a building, or other structure, shall be the vertical
distance from the mean ground level of the average curb elevations,
or the average of the four corners of the lot grade elevations, whichever
is greater, to the highest point of the building or other structure.
Notwithstanding the foregoing, in the case of a portico (or similar
structure), the height shall be the vertical distance from the mean
ground level along the base of the portico (or similar structure).
[Amended 10-5-2021 by L.L. No. 3-2021]
B.
The Committee of Architectural Review, in its sole discretion, shall have the power to modify the height restrictions of Subsection
A hereof with regard to a roof brought to a peak with no flat portions above 30 feet in order to enhance the style and architecture of the building for the benefit of the Village, so long as the peak of such structure shall not exceed more than five feet of what would otherwise be permitted and on the condition that the entire building shall be fully sprinklered in accordance with the requirements of the State Building Code, as defined in §
237-1 of this Code. In the event that a modification is granted for the height of the roof, the Committee may modify the height restrictions with regard to the chimneys for such building to assure compliance with any minimum clearance between the roof and the top of the chimney that may be required by any New York State Building and Fire Code requirements or other safety considerations. The discretion granted herein shall not be deemed to provide the authority to the Committee of Architectural Review to modify the height restrictions as to eaves.
HOSPITAL
Shall not be construed to include an institution for mental
patients or contagious or infectious diseases or liquor or drug addicts.
HOTEL
A residence building differing from a multiple-family dwelling
in that it is built for transient instead of permanent residence,
and individuals or facilities are not allowed to do their own cooking
on the premises.
INDUSTRY
The manufacture, assembly, repair or treatment of products
to be sold at wholesale or retail in a manner whereby more than five
horsepower is used or more than five pounds per square inch, where
steam pressure is used, or where there are motors or apparatus on
the premises capable of producing, in the aggregate, more than five
horsepower or more than five pounds per square inch, as the case may
be, or where more than five operators are engaged for such work.
JUNKYARD
A lot, land or structure or part thereof used primarily for
the collection, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storing
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
KITCHEN
Within a dwelling, any location designed and/or used for
the preparation and/or cooking of food.
[Added 3-20-2012 by L.L. No. 7-2012]
LIMITED-SERVICE RESTAURANT
A business primarily engaged in the sale of preprocessed
or quickly prepared food and beverages in disposable containers or
wrappers, selected by patrons from a limited line of items, such as
hamburgers, chicken, pizza, tacos, hot dogs, ice cream, or yogurt,
for consumption either on or off the premises, in a facility in which
a major portion of the sales to patrons is at a stand-up-type counter,
takeout, and/or delivery.
[Added 10-7-2014 by L.L. No. 6-2014]
LODGE
A building used by a fraternal organization.
LOT
A parcel of land with or without buildings or structures
located thereon, as surveyed and apportioned for sale or other purpose.
LOT AREA
The area of a lot measured to the street line only.
LOT WIDTH
On an interior lot, the distance between side lines; on a
corner lot, the distance between the side line and the street line
opposite the side line.
[Added 5-19-1987 by L.L. No. 10-1987]
MAIN BUILDING
The building which houses the principal purpose for the utilization
of the lot, as permitted under this chapter.
MEDICAL/PROFESSIONAL OFFICE
An office designed for or occupied by a person or persons
who are licensed by the State of New York to perform and are engaged
in the performance of medical, dental or health-related services.
[Added 12-18-1979 by L.L. No. 13-1979]
MEDICAL/PROFESSIONAL OFFICE BUILDING
An office building in which at least 75% of the floor area
is designed for or occupied by a person or persons who are licensed
by the State of New York to perform and are engaged in the performance
of medical, dental or health-related services.
[Added 12-18-1979 by L.L. No. 13-1979]
MIXED OCCUPANCY
A building which has nonresidential use of the first story
level and residential use of the floor (or floors, if permitted) above
the first story level.
[Added 5-16-2000 by L.L. No. 8-2000]
MOTOR VEHICLE REPAIR SHOP
A use or building or portion of a building in which mechanical,
electrical or other similar power is used in the repair of motor vehicles
or in which commercial motor vehicle repair work is done.
MULTIPLE-FAMILY DWELLING
A residence building accommodating three or more families
living independently of each other and allowed to do their own cooking
on the premises.
NONCOMPLYING BUILDING
A building which contains a use permitted in the district
in which it is located, but which does not conform to the district
regulations for lot area, width or depth; front, side or rear yards;
maximum height; lot coverage; minimum habitable area per dwelling
unit; off-street parking or loading; or landscaping, screening or
fencing requirements.
[Added 5-15-1978 by L.L. No. 3-1978]
NONCONFORMING BUILDING
A building which contains a nonconforming use. The term "nonconforming
building" includes any building which, in addition to containing a
nonconforming use, fails to comply with other than the use regulations
of the district in which it is located.
[Added 5-15-1978 by L.L. No. 3-1978]
NONCONFORMING USE
A use, whether of a building or tract of land, or both, which
lawfully existed prior to the enactment of this Zoning Ordinance,
or any amendment thereto, and which is maintained after the effective
date thereof although it does not conform to the use regulations of
the district in which it is located.
[Added 5-15-1978 by L.L. No. 3-1978]
NON-ROAD VEHICLE
Includes any vehicle, which is not currently registered and
inspected pursuant to the provisions of the New York State Vehicle
and Traffic Law.
[Added 6-22-2004 by L.L. No. 14-2004]
ON-SITE SMOKING ACTIVITIES
[Added 11-4-2014 by L.L.
No. 12-2014]
A.
The sale or rental of smoking-related products for use and/or
consumption on the premises of a business; and/or
B.
Allowing or facilitating smoking activities on the premises
of a business.
ON-SITE SMOKING BUSINESS
A business which derives any gross revenues from on-site
smoking activities.
[Added 11-4-2014 by L.L.
No. 12-2014]
OPEN PORCH
A roofed open structure projecting from the outside wall
of a building without window sash or any other form of permanent enclosure.
PEAKED ROOF
A roof on a one-story section of a building having a pitch
of not less than 5:12 and a roof on a section of a building, which
has more than one story, having a pitch of not less than 8:12.
[Added 12-2-1997 by L.L. No. 4-1997]
PREMISES
Includes the land and all buildings or structures thereon.
PRIVATE GARAGE
A building used for the storage of not more than three noncommercial
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 lot.
PROFESSIONAL
An attorney and any other person who is licensed by the State
of New York to perform and is engaged in the performance of services
which are subject to the admission (licensing) provisions of Title
VIII, the Professions, of the Education Law of the State of New York,
as amended and revised.
[Added 1-16-2007 by L.L. No. 3-2007]
PUBLIC GARAGE
A use or building or portion of a building used for commercial
storage, rental and/or minor repair of motor vehicles.
REAR YARD
A yard across the full width of the lot extending from the
rear line of the building to the rear line of the lot.
REAR YARD COVERAGE
The total area of a rear yard, measured in square feet, that
is covered by an accessory building, structure, porch, patio, paving
or other surfacing, not including landscaping.
[Added 10-25-2016 by L.L.
No. 4-2016]
RESIDENCE UNIT
A portion of a residence building housing not more than two
families and separated from another unit by a party wall. Such unit
shall be considered a separate building.
RESTAURANT
A business enterprise primarily engaged in preparing and
serving food and beverages by patrons seated at a table, served by
a waiter or waitress, and consumed on the premises. "Restaurant" does
not include bars, taverns, nightclubs, or limited-service restaurants.
[Added 7-15-1986 by L.L. No. 1-1986;
amended 7-21-1998 by L.L. No. 2-1998; 10-7-2014 by L.L. No. 6-2014]
SANATORIUM
Refers to an institution other than one required to be licensed
under the Mental Hygiene Law of the State of New York.
SIDE YARD
A yard between the side of the building and the corresponding
side line of the lot and extending from the front yard to the rear
yard in the case of a single building on the front portion of the
lot. In the case of a rear building on the back portion of a lot,
the "side yard" shall be the yard between the side of said rear building
and the corresponding side line of the lot and extending from the
front face of said rear building to the rear line of the lot.
SIDE YARD COVERAGE
The total area of a side yard, measured in square feet, that
is covered by an accessory building, structure, porch, patio, paving
or other surfacing, not including landscaping.
[Added 10-25-2016 by L.L.
No. 4-2016]
SIGN
Any name, any telephone, facsimile or similar number, any
identification, email, website or similar address, or any description,
pictorial matter, device, material, illustration, logo or other symbol,
which is affixed to or painted, represented or otherwise installed
on any part of a building or structure, and any other object which
is otherwise placed in view of the general public when having the
result of being an attention-directing device, including, but not
limited to, window signs, ground signs, pole signs, canopy signs,
awning signs, sculptures, pennants, flags (excluding the American
Flag and the POW-MIA Flag, not greater than two feet by three feet
in size), balloons, blimps, and fluttering matter.
[Amended 5-17-1994 by L.L. No. 2-1994; 8-18-2009 by L.L. No.
6-2009]
A.
FREESTANDING SIGNA sign not permanently attached to or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, ground signs, pylon signs and masonry wall type signs.
B.
POLE SIGNA detached or ground sign, advertising only the business conducted on the premises upon which the sign is located, provided that:
(1)
There is only one such sign detached from a
building.
(2)
Such sign shall not exceed 24 square feet in
area of 15 feet in height from the mean level of the ground.
(3)
Such sign shall be located not less than 10
feet from any property line.
(4)
An open space of at least three feet in height
shall be maintained between the bottom of the sign and the ground.
(5)
The area between the sign and front property
line shall be maintained free of weeds and debris.
C.
RIGID CANOPY OR AWNING SIGNAny visual message incorporated into an awning or rigid canopy attached to a building, not to exceed four feet in height or 80% of the street frontage.
D.
TEMPORARY SIGNA sign which is attached to or displayed from within the building, visible from the property line, related to a single activity or event having a duration of no more than 30 days and which advertises a special or seasonal service or sale; upon any premises wherein construction is ongoing, displaying the address and telephone numbers of the future tenants and the date of expected occupancy; or one FOR SALE or FOR RENT sign, said sign shall not exceed the lesser of 20% or four square feet of any window upon or through which such sign is visible from the property line. No such sign shall be placed upon the premises without the prior consent of the Board of Trustees which, in its discretion, may subject the permittee to certain conditions for approval. Further, the Board of Trustees, in its discretion, may waive the sign fees provided by this chapter.
E.
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material or located inside within five feet of the window and no greater than 25% of the area wherein it appears.
SINGLE-FAMILY DWELLING
A building designed for and occupied exclusively as a home
or residence for not more than one family.
SKY PLANE HEIGHT
[Added 1-16-2007 by L.L. No. 2-2007]
A.
The sky plane height shall be measured vertically
from the natural preexisting grade of the topographic plane of the
property to a sky plane that follows the natural preexisting grade
of the topographic plane of the property directly below it.
B.
For the purposes of this definition, "preexisting
grade" shall mean the grade as it existed on October 24, 2006, as
determined by the Building Inspector, based upon the best available
evidence filed in or submitted to the Building Department.
C.
In the event that on October 24, 2006, any part
of the grade was not natural, because, for example, of existing structures
on the property on that date, the Building Inspector shall make a
determination of the appropriate grade to be established as best comparable
to the natural grade on said date, based upon the preexisting grade
of the topography in and around such unnatural grade.
SMOKING
The burning of any matter or substance, including but not
limited to tobacco, herbs, fruits, and spices, that is smoked or intended
to be smoked in any of the methods that tobacco is smoked, including
but not limited to cigarette, cigar, pipe filler, or waterpipe.
[Added 11-4-2014 by L.L.
No. 12-2014]
SMOKING-RELATED PRODUCTS
Any products or devices used to facilitate smoking activities,
including but not limited to tobacco, pipes, waterpipes, bongs, rolling
paper, or similar products, and, when specifically intended to be
used in conjunction with other smoking-related products, herbs, fruits,
and spices.
[Added 11-4-2014 by L.L.
No. 12-2014]
SPECIAL PERMIT USE (or SPECIAL EXCEPTION USE)
Any use for which a special permit or special exception permit
is required under this chapter, or a use which is directly affiliated
with a special permit use or special exception use and dedicated,
in whole or in part, to furthering the purposes or objectives of that
use.
[Added 12-15-2015 by L.L.
No. 9-2015]
SPECIAL VEHICLE
Includes any non-road vehicle and any sports vehicle.
[Added 6-22-2004 by L.L. No. 14-2004]
SPORTS VEHICLE
Includes any boat or boat trailer; snowmobile or snowmobile
trailer; and any house trailer, camper, mobile home, or other vehicle
designed or used for living, sleeping, or eating purposes.
[Added 6-22-2004 by L.L. No. 14-2004]
STORAGE OF MOTOR VEHICLE
Permitting a motor vehicle to remain on a nonresidential
lot for an uninterrupted period of 14 days or more, unless said motor
vehicle is designed to be used for the business activities legally
taking place on that lot without leaving that lot and the motor vehicle
is used in that manner during that fourteen-day period.
[Added 2-1-2000 by L.L. No. 3-2000]
STORY
That part of a building included between any floor and the
floor next above or, if there is no floor above, the ceiling or flat
roof above.
A.
STORY, FIRSTFor the purpose of determining its height in stories, is the lowest story, the exterior walls of which are entirely above the level of the ground adjacent to the building or at least all of the area of one wall and at least 80% of the area of each of the remaining exterior walls are above the level of the ground adjacent to the building.
B.
STORY, HALFA story under a sloping roof having a pitch of not more than 1.5 vertical to 1.0 horizontal, the floor of which is not more than two feet below the top of plate.
STREET FRONTAGE
The distance between the boundary lines of a lot when measured
along any property line abutting a municipal street.
[Amended 3-18-2003 by L.L. No. 7-2003]
STRUCTURE
[Amended 1-5-2010 by L.L. No. 2-2010]
A.
Anything constructed or erected with a fixed location, whether
or not manufactured or constructed to be portable, on, above, or below
the surface of land or water, including a building, and including
but not limited to fences; walls; bulkheads; decks; docks; raised
patios, higher than eight inches above grade; towers; outdoor fireplaces;
cabanas; sheds; pools; pergolas; tennis court poles, nets, and fencing;
air-conditioning equipment; electric generators; wind turbines; utility,
cable, and similar corporation equipment, except to the extent excluded
below; tents for which a building permit is required; freestanding
signs; awnings; canopies; refrigerated waste containers; dumpsters
and dumpster enclosures; oil tanks; and play equipment that exceeds
six feet in height and/or has a maximum horizontal plane of 96 square
feet or more. The term "structure" shall be construed as if followed
by the words "or part therefor."
B.
Notwithstanding anything above to the contrary, the term "structure,"
shall not include sidewalks and paths that are not greater than four
feet in width and that are not higher than three inches above the
adjacent grade; driveways; mailboxes on poles that do not exceed a
total of five feet in height; electric light fixtures that are either
at grade or on poles that do not exceed a total of five feet in height;
portable basketball backboards and their support poles; inflatable
portable swimming pools with depths of 12 inches or less; sukkot that
are erected for two weeks or less at the time of the holiday of Sukkot;
crèches that are erected for six weeks or less during the Christmas
holiday; portable barbeques that are on wheels and easily moved; patios
comprised solely of loose stones that are placed on the ground, that
are not adhered to the ground nor to any other stones, and whereat
none of such stones exceeds two inches in height above any portion
of the surrounding grade immediately adjacent to such stone; and poles,
lines, cables of public utilities; and similar structures as determined
from time to time by resolution of the Board of Trustees.
SWIMMING POOL
Any receptacle for water, including a portable receptacle,
or any artificial pool of water having a depth at any point of more
than 18 inches or a surface area of more than 24 square feet intended
for the purpose of immersion or partial immersion therein of human
beings, and including all appurtenant equipment.
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.
TERRACE
An open porch without a permanent roof.
TOWNHOME
One single-family dwelling unit with one or more single-family
dwelling units attached at the side and/or rear and separated from
each attached dwelling unit by a fire wall, with no other dwelling
units above or below.
[Added 10-7-2014 by L.L.
No. 9-2014]
TOWNHOME BUILDING
Two or more attached townhomes.
[Added 10-7-2014 by L.L.
No. 9-2014]
TWO-FAMILY ATTACHED BUILDING
Residence units, as defined by this section, each arranged
for two families, separated by an eight-inch masonry fire wall as
a party wall.
TWO-STORY BUILDING
Any building where the area of the second floor is equal
to at least 75% of the area of the first floor.
TWO-AND-ONE-HALF-STORY BUILDING
One where the provisions relating to two-story building are
complied with and where the main eaves are below the mid-height of
the third story.
YARD
An open and unoccupied space on the same lot with a building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.