For purposes of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
ACCESSORY APARTMENT
A secondary dwelling unit established in conjunction with and clearly subordinate to an existing single-family dwelling for permanent year-round occupancy by an individual or family, whether apart of the same structure as the primary dwelling unit or is a detached duelling unit on the same property.
[Added 5-9-2005 by L.L. No. 4-2005]
ACCESSORY SOLAR ENERGY SYSTEM
A solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. Structures or devices which provide power to any other dwelling or structure located on a separate property are not considered part of this definition.
[Added 11-16-2011 by L.L. No. 11-2011]
ACCESSORY USE
A use customarily incidental and subordinate to the principal use of a building and property and when located on the same plot with such principal use or building. No such accessory building, other than a cabana or pool house of less than 200 square feet in floor area or a valid existing accessory apartment, as defined in this Code, shall contain any bath, shower or plumbing facilities.
[Amended 4-14-1989 by L.L. No. 5-1989; 5-9-2005 by L.L. No. 4-2005; 11-7-2019 by L.L. No. 8-2019]
AFFORDABLE UNIT
A dwelling unit the cost of which makes it available to an income-eligible household, as defined herein, as follows: rental price shall not exceed 30% of the gross monthly household income, and maximum sales price shall not exceed three times the gross annual household income.
[Added 4-3-2008 by L.L. No. 5-2008]
APARTMENT
See "dwelling unit."
[Added 3-12-1982 by L.L. No. 7-1982; amended 5-14-1982 by L.L. No. 9-1982]
APARTMENT HOUSE
See "dwelling, multiple."
[Amended 5-14-1982 by L.L. No. 9-1982]
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain subject to a one-percent or greater chance of flooding in a given year.
[Added 4-9-1983 by L.L. No. 3-1983]
AUTOMOBILE DEALER SHOWROOM AND SERVICE
A building or part thereof used for the retail sales of motor vehicles, lubricants, motor vehicle supplies and motor vehicle equipment, including electronic and telephonic equipment. Motor vehicle repairs, including automobile body repair and painting, shall be permitted. No motor vehicle being repaired shall be allowed to remain on the lot or upon any other lot or lots owned by or under the control of the person operating such automotive dealer showroom for more than seven days unless the same is entirely enclosed within a building or is located within an entirely enclosed area which is screened from all surrounding properties. Outdoor repair work shall be prohibited. Outdoor storage of dismantled or unregistered vehicles or automobile parts is prohibited. Outdoor display of automobiles shall be permitted, provided that such display shall not be permitted in any designated landscaped or open space areas. The lease or rental of motor vehicles shall be permitted. Side and rear yards shall be screened from abutting properties by solid vegetative screen or fence no less than four and no more than six feet in height.
[Added 4-10-1995 by L.L. No. 5-1995]
AUTOMOTIVE REPAIR SHOP
A building or part thereof used for the repair of motor vehicles, including detailing. Automobile body repair and painting shall be prohibited. No motor vehicle shall be allowed to remain on the lot or upon any other lot or lots owned by or under the control of the person operating such automotive repair shop for more than seven days unless the same is entirely enclosed within a building. Outdoor repair work shall be prohibited. Outdoor storage of dismantled or unregistered vehicles or automobile parts is prohibited. The sale, lease, rental or display of motor vehicles, trailers, mobile homes or other vehicles shall be prohibited. The retail sales of lubricants, motor vehicle supplies and motor vehicle equipment, including electronic and telephonic equipment, shall be permitted. Side and rear yards shall be screened from abutting properties by solid vegetative screen or fence no less than four and no more than six feet in height.
[Added 4-10-1995 by L.L. No. 5-1995]
AUTOMOTIVE SERVICE STATION
A building or parcel of land used for the retail sales of motor fuels, lubricants and motor vehicle supplies and motor vehicle equipment, including electronic and telephonic equipment. Motor vehicle repairs, including detailing, shall be permitted as an accessory use. Automotive body repair and painting shall be prohibited. No motor vehicle shall be allowed to remain on the lot or upon any other lot or lots owned by or under the control of the person operating such service station for more than seven days unless the same is entirely enclosed within a building. Outdoor repair work shall be prohibited. Outdoor storage of dismantled or unregistered vehicles or automobile parts is prohibited. The sale, lease, rental or display of motor vehicles, trailers, mobile homes or other vehicles shall be prohibited. An accessory mini-market or convenience store or expansion thereof may be permitted by special exception with a gross floor area no greater than 350 square feet per fueling station up to a maximum of 3,000 square feet, and in accordance with the dimensional requirements of the zoning district.
[Added 4-10-1995 by L.L. No. 5-1995; amended 12-1-2005 by L.L. No. 10-2005; 11-7-2019 by L.L. No. 8-2019]
AVERAGE FOOTCANDLES
The average level of illuminance for a given area measured at ground level with a light meter placed parallel to the ground.
[Added 10-4-2018 by L.L. No. 5-2018]
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year. This is also referred to as a "one-hundred-year flood."
[Added 4-9-1983 by L.L. No. 3-1983]
BATHING STATION
A use and business which is primarily that of operating a group of the facilities generally provided for surf bathing, such as bathhouses, lockers, cabanas and beach clubs.
BEDROOM
A room designed to accommodate individuals for sleeping purposes and any room capable of being converted to such purpose, including rooms designated as dens, libraries, studios and other similar type rooms.
[Added 2-14-2000 by L.L. No. 1-2000; amended 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
BOARDINGHOUSE
An accessory use to an owner-occupied private one- or two-family dwelling in which not more than two persons are lodged for hire with or without meals. A rooming house, guest house or furnished-room house shall be deemed a "boardinghouse." A "bed-and-breakfast" shall not be deemed a "boardinghouse" under this chapter but shall constitute a separate and distinct use.
[Amended 4-8-1998 by L.L. No. 3-1998]
BOARDING KENNEL
A kennel where animals are provided with shelter and/or meals for a fee. A boarding kennel shall not include a veterinary hospital.
[Added 4-11-1994 by L.L. No. 5-1994]
BREAKAWAY WALL
Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which is not part of the structural support of a building or structure and which is so designed as to break away under abnormally high tides or wave action without damage to the structural integrity of the building or structure of which they are a part or to any other building or structure to which they might be carried by floodwaters.
[Added 4-9-1983 by L.L. No. 3-1983]
BUILDING
Any structure attached permanently to the land, having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING, ACCESSORY
A subordinate building, or portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
BUILDING AREA LOT COVERAGE
The total of areas projected on a horizontal plane at the main grade level of the principal building and all structures and accessory buildings, exclusive of steps, walks and driveways and exclusive of terraces, decks and patios if constructed at grade or within a height of eight inches above grade. In the business and industrial districts, a porte cochere may be deleted from the calculation of building area pursuant to a special exception permit from the Board of Trustees conditioned upon the limitation that the area covered by the porte cochere shall not be used for any purpose, except open space, and shall not be used in all events for outdoor sales, storage or display of any kind.
[Amended 4-13-1984 by L.L. No. 6-1984; 11-8-1985 by L.L. No. 20-1985; 2-14-2000 by L.L. No. 5-2000; 5-8-2000 by L.L. No. 7-2000]
BUILDING, HEIGHT OF
The vertical distance measured from the mean of the natural grade at the perimeter of the building to the highest point of the roof. In the case of buildings in any floodplain area and all designated area of special flood hazard, the building height shall be measured from the determined base flood elevation. The height limitation, however, does not apply to church steeples, cupolas on public buildings, flagpoles and electronic antennas.
[Amended 1-11-1985 by L.L. No. 3-1985; 5-8-2000 by L.L. No. 7-2000; 4-8-2002 by L.L. No. 3-2002]
BUILDING-INTEGRATED SOLAR SYSTEM
An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings.
[Added 11-16-2011 by L.L. No. 11-2011]
CABANA
A detached building designed or used exclusively to provide bathing facilities similar to bathhouses as distinguished from living quarters.
[Amended 12-1-2005 by L.L. No. 10-2005]
CAMPING GROUND
A parcel of land used or intended to be used, let or rent for occupancy by campers, tents, trailers or movable or temporary dwellings, rooms or sleeping quarters regardless of their condition of mobility or the facilities or services connected thereto.
CLUB, BEACH, GOLF OR TENNIS
A property in single ownership improved with buildings and accessory structures established for the principal purpose of members engaging in bathing, golf or tennis or any combination of those activities. The term "club, bathing, golf or tennis" shall not be deemed to include sleeping quarters or dwelling units, except for one dwelling unit to be used by the owner or manager, nor shall it include any dining facility or retail or personal service shop made available to the general public. A clubhouse shall be considered the main building and all other buildings and structures, including but not limited to lockers and cabanas that are not attached to or do not form an integral part of the clubhouse, shall be considered accessory buildings or structures.
[Added 5-14-1982 by L.L. No. 9-1982; amended 10-12-2004 by L.L. No. 4-2004]
CLUB, MEMBERSHIP
A land use owned and operated by a not-for-profit corporation, as defined in § 102 of the New York Not-For-Profit Corporation Law, or as defined under the provisions of the Membership Corporation Law, established for the purpose of enabling its members to engage in certain recreational activities through use of its facilities. The activities shall be limited to club members and their guests and shall not be extended to the general public.
[Added 10-12-2004 by L.L. No. 4-2004]
COASTAL HIGH HAZARD AREA
Areas subject to high-velocity waters, including but not limited to hurricane wave wash and tsunamis. Such areas are designated on the Flood Insurance Rate Map as Zone V-30.
[Added 4-19-1983 by L.L. No. 3-1983]
COLOR RENDERING INDEX (CRI)
A number from 0 to 100 representing the ability of a light source to accurately reproduce the colors of an illuminated object. (Higher index numbers indicate greater accuracy.)
[Added 10-4-2018 by L.L. No. 5-2018]
COMMUNITY SERVICES PROVIDER
A noncommercial use established for the benefit and service of the population of the community in which it is located, including but not limited to schools, churches, community centers, fire stations, government agencies, hospitals, and libraries.
[Added 4-3-2008 by L.L. No. 5-2008; amended 5-2-2024 by L.L. No. 2-2024]
CONDOMINIUM
A group of properties in which individuals have exclusive ownership of particular properties, with the customary responsibilities and privileges of individual property ownership, and, in addition, an interest in certain common property or properties associated with the individual properties in the group.
[Added 5-14-1982 by L.L. No. 9-1982]
CONVENTIONAL BEDROOM
A room designated as a bedroom. Rooms having other purposes, such as dens, living rooms or hallways, are not interpreted as "conventional bedrooms."
[Added 1-16-1981 by L.L. No. 2-1981]
COOPERATIVE
A single property in which various individuals have an ownership interest or share in the entity which owns the property and, in addition, a lease or occupancy agreement which entitles the individual to exclusive occupancy of a particular portion or element of the property with a share in the customary responsibilities of property ownership and the privilege of selling that ownership interest or share to others.
[Added 5-14-1982 by L.L. No. 9-1982]
CORRELATED COLOR TEMPERATURE (CCT)
The perceived color of the light emitted by a lamp, expressed in kelvin (K) units. The lower the kelvin rating, the "warmer" or more yellow the light; the higher the rating, the "cooler" or more blue the light.
[Added 10-4-2018 by L.L. No. 5-2018]
COURT
An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. An offset to a court shall be deemed a "separate court for the purposes of determining its required dimensions.
[Added 6-8-1984 by L.L. No. 7-1984]
COURT, DEPTH OF
The minimum horizontal dimension of such court at right angles to the width.
[Added 6-8-1984 by L.L. No. 7-1984]
COURT, HEIGHT OF
The greatest vertical distance measured from the lowest level of such court up to the roof of the building.
[Added 6-8-1984 by L.L. No. 7-1984]
COURT, INNER
Any court which is not an outer court
[Added 6-8-1984 by L.L. No. 7-1984]
COURT, OUTER
A court extending to the street line or other property line or opening upon any front, side or rear yard.
[Added 6-8-1984 by L.L. No. 7-1984]
COURT, WIDTH OF
The horizontal dimension parallel to the principal open side in the case of an outer court, and the least horizontal dimension in the case of an inner court.
[Added 6-8-1984 by L.L. No. 7-1984]
CREST OF DUNES
The shortest straight line between the east and west boundary lines of a property on the Atlantic Ocean front through a point on the sand dunes between said boundary lines, which point causes said line to be placed at the highest point of the dune. The "highest point of the dune" shall be that point at which the average of the elevation above mean sea level measured at the eastern boundary and at the western boundary shall be maximized. If a property contains two or more substantially equivalent crests, then the crest shall be that which is most northerly and closest to Dune Road. The "crest of dunes" shall be determined, located and fixed by the Building Inspector as of the date of an application for a building permit or development permit. The Building Inspector shall not rely solely upon a survey but shall make a personal inspection of the site.
[Added 4-9-1983 by L.L. No. 3-1983; amended 4-8-1988 by L.L. No. 10-1988; 9-9-1988 by L.L. No. 23-1988]
DEVELOPMENT PERMIT
Within any special flood hazard area, a development permit as provided for in Section 1910, Subdivision 3(b)(1), of the National Flood Insurance Program Regulations shall be required for any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. In this chapter, the term "development permit," and such regulatory functions as it covers, shall be deemed to be included in the term "building permit" within such special flood hazard areas.
[Added 4-9-1983 by L.L. No. 3-1983]
DWELLING
A building designed exclusively for residential purposes and arranged or intended to be occupied by one or more families living independently of each other.
[Added 5-14-1982 by L.L. No. 9-1982]
DWELLING, FOUR-FAMILY DETACHED
A dwelling containing four dwelling units for the occupancy of four families and their domestic servants.
[Added 4-3-2008 by L.L. No. 5-2008]
DWELLING, MULTIPLE
A building or portion thereof containing more than two dwelling units and further provided that no dwelling unit shall be below the first-floor story or above the second story and that no building or portion thereof shall exceed a height of two stories.
[Added 5-14-1982 by L.L. No. 9-1982; amended 3-21-2007 by L.L. No. 5-2007]
DWELLING, ONE-FAMILY
A building (other than a camper, house trailer, mobile van or mobile home, regardless of its condition of mobility) containing one dwelling unit for occupancy of one family and its domestic servants.
[Amended 4-16-1971; 12-14-1998 by L.L. No. 10-1998]
DWELLING, ONE-FAMILY DETACHED
A building (other than a camper, house trailer, mobile van or mobile home, regardless of its condition of mobility) containing one dwelling unit for occupancy of one family and its domestic servants.
[Added 5-14-1982 by L.L. No. 9-1982; 12-14-1998 by L.L. No. 10-1998]
DWELLING, THREE-FAMILY DETACHED
A dwelling containing three dwelling units for the occupancy of three families and their domestic servants.
[Added 4-3-2008 by L.L. No. 5-2008]
DWELLING, TWO-FAMILY DETACHED
A dwelling containing two dwelling units for the occupancy of two families and their domestic servants.
[Added 5-14-1982 by L.L. No. 9-1982]
DWELLING UNIT
A group of rooms separate and set apart from any other group of rooms, including at least one bathroom, not more than one kitchen or one kitchenette, not more than seven conventional bedrooms and other rooms arranged for the exclusive use of one family.
[Added 3-12-1982 by L.L. No. 7-1982; 12-14-1998 by L.L. No. 10-1998]
DWELLING UNIT, EFFICIENCY
A dwelling unit designed to accommodate an occupancy of no more than two persons.
[Added 2-14-2000 by L.L. No. 1-2000]
EMERGENCY SERVICE FACILITY
A noncommercial use established to provide primarily fire protection, police or ambulance/rescue services for the community, and which is governed by a political subdivision of the State of New York with the authority to levy taxes.
[Added 5-2-2024 by L.L. No. 2-2024]
ENFORCEMENT OFFICER
Any duly authorized police officer, peace officer, Zoning Inspector, Deputy Zoning Inspector, Building Inspector, Fire Marshal, Sign Inspector, Code Enforcement Officer, Ordinance Inspector or any other person authorized by resolution of the Village Board of Trustees to enforce the provisions of this chapter.
[Added 8-8-1997 by L.L. No. 9-1997]
ESSENTIAL LIGHTING
Light used for a specified period of time that is necessary for a specific purpose while said purpose is actively being served. This includes lighting that is necessary to promote location identification, public circulation, public safety, and fully shielded security lighting.
[Added 10-4-2018 by L.L. No. 5-2018]
EXCESSIVE LIGHTING
Light that exceeds the amount that is needed to perform a visual task at night or is required for safety, per suggested minimum illuminance levels published by IES in its recommended practices.[1]
[Added 10-4-2018 by L.L. No. 5-2018]
FAMILY
The definition of "family" set forth in § 197-50 of this Code shall apply.
[Amended 1-16-1981 by L.L. No. 3-1981; 4-11-1986 by L.L. No. 4-1986; repealed 2-8-1991 by L.L. No. 3-1991; 12-14-1998 by L.L. No. 10-1998]
FARM
Any parcel of land which is used for gain in the raising of agricultural products.
FENCE
A structure bounding an area and designed to either limit access to the area or to screen such area from visibility, or both. The term "fence" shall include tennis court enclosures or backstops and similar structures.
[Added 3-11-1983 by L.L. No. 2-1983]
FIXTURE
The complete lighting assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens; also referred to as a "luminaire."
[Added 10-4-2018 by L.L. No. 5-2018]
FLAG LOT
A type of lot, commonly flag-shaped in configuration, in which street frontage is provided by a strip of land (also known as a flagpole, flag strip or flag access strip) which is narrow in relation to the remainder of the lot and which extends from the main body of the lot (also known as the "flag portion" of the lot) to the street.
[Added 12-5-2019 by L.L. No. 12-2019]
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal water and/or the unusual and rapid accumulation or runoff of surface waters from any source.
[Added 4-9-1983 by L.L. No. 3-1983]
FLOOD OR SPOTLIGHT
Any light fixture or lamp that incorporates a reflector, a refractor, or a prismatic lens to concentrate the light output into a directed beam in a particular direction.
[Added 10-4-2018 by L.L. No. 5-2018]
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones and base flood elevations applicable to the Village of Westhampton Beach.
[Added 4-9-1983 by L.L. No. 3-1983]
FLUORESCENT
A type of discharge lamp that employs mercury vapor and phosphors. Unlike incandescent lamps, fluorescent lamps require a ballast to regulate the flow of electricity.
[Added 10-4-2018 by L.L. No. 5-2018]
FOOTCANDLE
The unit of measurement used to quantify the amount of light falling on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.
[Added 10-4-2018 by L.L. No. 5-2018]
FRONT LOT LINE
The line separating the lot from the street. In the case of a flag lot, the front lot line used for the determination of the lot width and the required front yard shall be one of the internal lot lines designated by the owner, unless such designation was made by the Planning Board at the time of approval of any subdivision that contains the flag lot.
[Amended 2-10-1984 by L.L. No. 4-1984; 12-5-2019 by L.L. No. 12-2019]
FULL CUTOFF
For the purposes of this article, a "full cutoff fixture" is considered one that delivers 100% of the total lumens within the 0° to 90° zone with a maximum of 10% of total lumens delivered within the 80° to 90° zone. Full cutoff fixtures are considered fully shielded.
[Added 10-4-2018 by L.L. No. 5-2018]
 copy L diagram 1.tif
FULLY SHIELDED
A fixture constructed and installed in a fixed position and in such a manner that all light emitted is projected below the horizontal plane through the fixture's lowest light-emitting part. Unlike a full cutoff fixture, a fully shielded fixture is not engineered to limit lumen distribution in the 80° to 90° zone.
[Added 10-4-2018 by L.L. No. 5-2018]
 copy L diagram 2.tif
GENERAL AND SPECIAL TRADE CONTRACTOR
Any person, firm or corporation who, for a fixed price, commission, fee or wage, undertakes to bid upon or to construct, or who undertakes to superintend or manage the construction of any building or any part thereof or associated structures or improvements relative thereto.
[Added 5-7-2009 by L.L. No. 4-2009]
GENERAL AND SPECIAL TRADE CONTRACTOR'S ADMINISTRATIVE OFFICE
A building or portion of a building occupied as an office by a contractor engaged in providing contractor-related office administration services which are normal and customarily associated with a contractor's use, such as accounting, bookkeeping, executive and clerical functions, storage of records, as well as meeting with customers or clients. This use shall not include the pickup, dropoff, or meeting place for laborers, tradesmen or subcontractors of the contractor, nor shall it include the interior or exterior placement or storage of materials, tools, or equipment related to construction projects or the contractor's business.
[Added 5-7-2009 by L.L. No. 4-2009]
GENERAL AND SPECIAL TRADE CONTRACTOR'S OFFICE
A building or portion of a building occupied as an office inclusive of the uses permitted as a contractor's administrative office, and the use includes the interior storage of materials, tools, and equipment, and the pickup and dropoff of laborers, tradesmen, or subcontractors of the contractor.
[Added 5-7-2009 by L.L. No. 4-2009]
GLARE
A visual effect produced when a light source within the field of view is brighter than the level to which the eyes are adapted. Glare may cause annoyance, discomfort, loss of visual acuity, or momentary blindness.
[Added 10-4-2018 by L.L. No. 5-2018]
GUEST UNIT/EFFICIENCY
A room, including a bathroom, arranged or designed to be available for use in a hotel as sleeping quarters for transients, provided that one such unit may connect directly with no more than one other such unit and that no cooking facilities shall be available. Each unit must have at least 200 square feet of gross floor area with a maximum of 350 square feet of gross floor area. Gross floor area shall be computed by measurements made between the interior walls of each guest unit
[Added 10-12-2004 by L.L. No. 4-2004]
HEALTH SPA
A commercial, nonresidential establishment containing swimming pool(s) or sauna, steam bath, exercise rooms, indoor court games and similar related accessory and support facilities.
[Added 7-7-1986 by L.L. No. 11-1986]
HIGH-INTENSITY DISCHARGE (HID) LIGHTING
An energy efficient family of lighting that includes high-pressure sodium, mercury vapor, and metal-halide-type bulbs. These types require a warmup time, usually require a ballast exclusive to the light source, and have a higher lumen output per watt than incandescent or halogen lamps.
[Added 10-4-2018 by L.L. No. 5-2018]
HIGH-PRESSURE SODIUM (HPS)
A type of high-intensity discharge lamp that primarily employs sodium. These lamps produce light with a warm correlated color temperature of approximately 2100 K and have a color rendering index of around 25.
[Added 10-4-2018 by L.L. No. 5-2018]
HOLIDAY LIGHTING
Temporary lighting of various types and colors installed in connection with holiday or religious observances and removed thereafter.
[Added 10-4-2018 by L.L. No. 5-2018]
HOME OCCUPATIONS
An occupation for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling. Such occupations shall be limited to the professional office or studio of a lawyer, accountant, doctor, dentist, tutor, artist, architect, engineer, real estate broker or photographer, provided that there shall be no external evidence of such occupations other than a small announcement or professional sign not over two square feet in area, and provided that not more than 15% of the area of the building shall be devoted to such professional use.[2]
HOTEL, RESORT
A property in single ownership improved with a building or group of buildings, whether detached or in connected units, containing individual guest units providing cooking, sanitary and sleeping facilities for tourists and vacationers on a transient basis, not to exceed a month by the same person in any calendar year. The term "hotel" shall not be deemed to include any dwelling units, except one dwelling unit to be used by the owner or manager as an accessory to the hotel use. A guest unit shall not contain more than one bedroom.
[Added 1-3-2019 by L.L. No. 1-2019]
HOTEL, TRANSIENT
A property in single ownership improved with a building or group of buildings, whether detached or in connected units, containing individual guest units providing sanitary and sleeping facilities for tourists and vacationers on a transient basis, not to exceed a month by the same person in any calendar year. The term "hotel" shall not be deemed to include any dwelling units, except one dwelling unit to be used by the owner or manager as an accessory to the hotel use. A guest unit shall not contain more than one bedroom.
[Added 1-3-2019 by L.L. No. 1-2019]
IES
Illuminating Engineering Society, the trade association of the lighting industry.
[Added 10-4-2018 by L.L. No. 5-2018]
IES RECOMMENDED PRACTICES
IES publications setting forth recommended light levels for a particular application. Recommended practices cited in this article are: Lighting for Exterior Environments (RP-33), Lighting for Parking Facilities (RP-20), Roadway Lighting (RP-8), and Sports and Recreational Areas Lighting (RP-6).
[Added 10-4-2018 by L.L. No. 5-2018]
ILLUMINANCE
The amount of light falling on a surface, measured in footcandles (lumens per square foot).
[Added 10-4-2018 by L.L. No. 5-2018]
INCOME-ELIGIBLE HOUSEHOLDS
Those individuals/families whose household incomes are classified as "moderate income," “median income” or "middle income" as defined herein.
[Added 4-3-2008 by L.L. No. 5-2008]
INTERSECTING STREET OR ROAD
A street or road which affords direct access to another street or road.
[Added 2-14-2000 by L.L. No. 5-2000]
JUNKYARD
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or the collecting, dismantling, demolition. abandonment, storage or salvaging of automobiles or other vehicles or machinery.
KELVIN
The unit of measurement used to characterize the color of light emitted by a lamp. See also "correlated color temperature."
[Added 10-4-2018 by L.L. No. 5-2018]
LAMP
A light bulb or other component of a fixture that changes electricity into visible light.
[Added 10-4-2018 by L.L. No. 5-2018]
LAMP TYPE
The category to which a lamp belongs by virtue of the process by which it produces light. The principal categories are incandescent, fluorescent, low-pressure sodium, high-intensity discharge (HID) (which includes high-pressure sodium, metal halide, and mercury vapor), and LED (light-emitting diode). The categories vary in terms of:
[Added 10-4-2018 by L.L. No. 5-2018]
A. 
The amount of light output (lumens) per watt consumed;
B. 
Lamp life;
C. 
The color of the light emitted (correlated color temperature); and
D. 
The accuracy with which colors of an illuminated object are reproduced (color rendering index).
LAND USE OR DEVELOPMENT
A subdivision, lot line change, site plan, special use or special permit, variance, interpretation, Architectural Review Board approval, or any modification or amendment of any of the foregoing.
[Added 1-12-2010 by L.L. No. 1-2010]
LAUNDERETTE
A self-service, coin-operated laundry or cleaning service facility for the convenience of the community but not engaged in the general industry of commercial dry cleaning and laundry, wet wash or flat work, all as customarily conducted in the industrial district.
LED (LIGHT-EMITTING DIODE)
A semiconductor device that emits visible light when electrical current passes through it.[3]
[Added 6-12-1992 by L.L. No. 5-1992]
LIGHTING
Man-made illumination or equipment used to produce it.[4]
[Added 6-12-1992 by L.L. No. 5-1992; amended 10-4-2018 by L.L. No. 5-2018]
LIGHT LEVEL
The illuminance as measured by a light meter or reported in photometric calculations. Light levels are indicated in footcandle measurements and may also be expressed as uniformity ratios, maximum or average to minimum.
[Added 10-4-2018 by L.L. No. 5-2018]
LIGHT POLLUTION
Any adverse effect of artificial light including, but not limited to, glare, light trespass, skyglow, visual clutter, excessive or unnecessary lighting, or any artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to the natural environment.
[Added 10-4-2018 by L.L. No. 5-2018]
LIGHT SOURCE
The light-emitting part or parts of a light fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light.
[Added 6-12-1992 by L.L. No. 5-1992; amended 10-4-2018 by L.L. No. 5-2018]
LIGHT TRESPASS
Light projected onto a property or into the public right-of-way from a light source on a different property.
[Added 10-4-2018 by L.L. No. 5-2018]
LOT
A parcel of land occupied or capable of being occupied by a main building and accessory buildings, structures or uses in accordance with the provisions of this chapter, including such open spaces as are required by this chapter.
[Amended 3-12-1982 by L.L. No. 7-1982]
LOT AREA
The total contiguous horizontal area of a lot, including the area above the mean highwater mark of any lot, exclusive of:
[Amended 5-14-1982 by L.L. No. 9-1982; 2-13-1987 by L.L. No. 2-1987; 1-11-1993 by L.L. No. 1-1993; 10-12-2004 by L.L. No. 4-2004; 5-9-2005 by L.L. No. 4-2005; 12-5-2019 by L.L. No. 12-2019]
A. 
All areas designated as tidal wetlands by the New York State Department of Environmental Conservation;
B. 
All areas south of the crest of the northerly dune on those lots located on the south side of Dune Road; and
C. 
The flagpole portion of any flag lot, to the extent such flagpole is 20 feet or less in width.
LOT WIDTH
The distance from side lot line to side lot line of a lot measured parallel to the front street line at the front of the nearest roofed portion of the building. At the option of the owner, the lot width may be measured along the front lot line.
[Amended 12-5-2019 by L.L. No. 12-2019]
LOWEST FLOOR
That floor, including a basement floor, in the lowest enclosed area of the building or structure.[5]
[Added 4-9-1983 by L.L. No. 3-1983]
LOW-PRESSURE SODIUM
A type of discharge lamp that primarily employs sodium. These lamps have a higher lumen output per watt than HID lamps but low Color Rendering Index.
[Added 10-4-2018 by L.L. No. 5-2018]
LUMEN
The unit of measurement used to quantify the amount of light produced by a lamp or emitted from a fixture (as distinct from "watt," which is a measurement of the electrical power). For the purposes of this article, measurements in lumens shall refer to "initial lamp lumens" (as opposed to "maintained lamp lumens") as rated by the manufacturer when the lamp is new, as listed on the packaging.
[Added 10-4-2018 by L.L. No. 5-2018]
LUMINAIRE
See "fixture."
[Added 10-4-2018 by L.L. No. 5-2018]
MAIN BUILDING RESIDENTIAL
The principal dwelling located on a lot, including a garage attached to the dwelling directly or by way of a breezeway, which breezeway cannot exceed 10 feet in length. It shall not include decks or other structures attached to the dwelling unless such structures are roofed.
[Added 3-10-2003 by L.L. No. 1-2003; amended 12-8-2003 by L.L. No. 13-2003]
MAIN BUILDING NONRESIDENTIAL
The building within which the principal use or uses are located.
[Added 3-10-2003 by L.L. No. 1-2003; amended 12-8-2003 by L.L. No. 13-2003]
MAJOR IMPROVEMENT/REMODELING
Projects where the floor area is being increased by 30% or more or where the cost of the improvements/remodeling is greater than 50% of the market value of the building alone. The market value is the depreciated value of the building as established by a licensed appraiser. The Planning Board has the option of seeking its own appraisal after reviewing the applicant's appraisal, at the applicant's cost.
[Added 5-3-2007 by L.L. No. 6-2007]
MANOR HOUSE
Any dwelling containing two, three or four dwelling units, which shall have an exterior appearance of a single-family dwelling from the public right-of-way.
[Added 5-1-2008 by L.L. No. 5-2008]
MEAT, FISH, FRUIT, VEGETABLE, DAIRY PRODUCTS OR SPECIALTY FOOD STORE OR MARKET
Establishment primarily engaged in the retail sale of fresh, frozen or cured meats, fish, shellfish and other seafoods; or, an establishment primarily engaged in the retail sale of fresh fruit and vegetables; or, an establishment primarily engaged in the retail sale of packaged dairy products to over-the-counter customers; or, an establishment primarily engaged in the retail sale of specialized foods, not elsewhere classified, such as health foods, spices, herbs, coffee or tea; but not including a grocery store or supermarket, mini-market or convenience store.
[Added 10-11-1996 by L.L. No. 12-1996]
MEDIAN-INCOME HOUSEHOLD
According to the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is 100% of the median gross household income for households of the same size within the Nassau-Suffolk PMSA.
[Added 4-3-2008 by L.L. No. 5-2008]
MERCURY VAPOR
A type of high-intensity discharge lamp that uses mercury as the primary light-producing element. Mercury vapor lamps produce light with a cool correlated color temperature (CCT) from 3000 to 7000 K.
[Added 10-4-2018 by L.L. No. 5-2018]
METAL HALIDE
A type of high-intensity discharge lamp that uses mercury and several halide additives as light-producing elements. Metal halide lamps are typically available with cool correlated color temperatures (CCT) from 2300 to 5400 K and with CRI values from 60 to 93.
[Added 10-4-2018 by L.L. No. 5-2018]
MIDDLE-INCOME HOUSEHOLD
According to the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is greater than 80%, but does not exceed 120%, of the median gross household income for households of the same size within the Nassau-Suffolk PMSA.
[Added 4-3-2008 by L.L. No. 5-2008]
MINI-MARKET AND CONVENIENCE STORE
Establishment primarily engaged in the retail sale of a variety of snack foods, beverages, newspapers, cigarettes and daily provisions such as bread, milk and eggs.
[Added 10-11-1996 by L.L. No. 13-12-1996]
MODERATE-INCOME HOUSEHOLD
According to the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is greater than 50%, but does not exceed 80%, of the median gross household income for households of the same size within the Nassau-Suffolk PMSA.
[Added 4-3-2008 by L.L. No. 5-2008]
MOTEL
A building containing sleeping quarters and bath and toilet facilities for transient guests, together with linen service and a place on the premises for the guest to park his car.
[Added 1-8-1971]
MOUNTING HEIGHT
The vertical distance measured from the average elevation of the existing natural grade or average elevation of the approved grade (if cut/fill activities are proposed) to the lowest light-emitting part of an installed fixture.
[Added 10-4-2018 by L.L. No. 5-2018]
MULTI-FAMILY UNIT
A room or suite of rooms designed for use as a residence by a single family located in a multiple dwelling, as defined in this section.
[Added 4-3-2008 by L.L. No. 5-2008]
NEW CONSTRUCTION
Buildings or structures for which the start of construction commenced on or after the effective date of Chapter 91, Flood Damage Prevention.
[Added 4-9-1983 by L.L. No. 3-1983]
NONCONFORMING
Lighting which does not meet the requirements and specifications contained in this article.
[Added 10-4-2018 by L.L. No. 5-2018]
NONCONFORMING LOT
Any lot lawfully existing in single and separate ownership at the effective date of this chapter or any amendment thereto affecting such lot, which does not conform to the dimensional regulations of this chapter for the district in which it is situated. If such lot shall thereafter be held in the same ownership as an adjoining parcel, it shall lose its status as a "nonconforming lot," except to the extent that the lot created by the merger of the two parcels shall remain nonconforming in the same respect.
[Added 12-13-1996 by L.L. No. 15-1996]
NONCONFORMING STRUCTURE
A building or structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such building or structure, which does not conform to the dimensional regulations of this chapter for the district in which it is situated, irrespective of the use to which such a building or structure is put.
[Added 12-13-1996 by L.L. No. 15-1996]
NONCONFORMING USE
A building, structure or lot and all uses of buildings, structures or lots or part thereof lawfully existing at the time of the enactment of this chapter or any amendment thereto which do not conform to the use regulations of the district in which they are situated.
[Amended 10-28-1992 by L.L. No. 11-1992; 12-13-1996 by L.L. No. 15-1996]
NONESSENTIAL LIGHTING
Lighting which is unnecessary for pedestrian passage or other tasks and therefore not generally useful (i.e., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours).
[Added 10-4-2018 by L.L. No. 5-2018]
NONRESIDENTIAL LIGHTING
Any outdoor lighting intended for use on a lot with a business (except home occupation), industrial, or institutional use (or, if undeveloped, is zoned for such use). Municipal buildings and facilities shall follow nonresidential standards.
[Added 10-4-2018 by L.L. No. 5-2018]
NUISANCE LIGHTING
Any outdoor lighting that creates a potential hazard to the public or light trespass or glare to neighboring properties, thereby causing loss of enjoyment, comfort, or repose.
[Added 10-4-2018 by L.L. No. 5-2018]
OUTDOOR LIGHTING
Lighting that provides illumination to a surface, building, structure, device, or other outdoor feature. Any fixture located indoors that is intended to illuminate something outdoors is considered outdoor lighting for the purposes of this article.
[Added 10-4-2018 by L.L. No. 5-2018]
OUTDOOR SPORTS FACILITIES
Any outdoor structure or facility used for sports activities, including but not limited to tennis courts, racquetball courts, basketball courts, paddle courts, volleyball courts, baseball fields and soccer fields.
[Added 6-12-1992 by L.L. No. 5-1992]
PERSONAL SERVICE SHOPS
Establishments engaged in hairdressing, hair styling, hair treatment, beauty shops, shoe and clothing repair, dress and clothes making, funeral services.
[Added 2-13-1996 by L.L. No. 4-1996]
PHOTOMETRIC(S) or PHOTOMETRY
A test to determine light distribution and performance of a fixture. A photometric report, which may include candlepower distribution data, cutoff or other light distribution classification, footcandle chart, etc., is generally available from the manufacturer.
[Added 10-4-2018 by L.L. No. 5-2018]
PROFESSIONAL FEE
Any land fee incurred or to be incurred by the Village by any board, agency or department of the Village of Westhampton Beach for the review of or determination of any application before any Village board, including but not limited to engineering, land planning, legal, environmental, appraisal, architectural or other similar type of fee. A professional fee shall not include the initial review fee as set forth herein.
[Added 1-12-2010 by L.L. No. 1-2010]
RELIGIOUS USE
A lot on which a building is devoted to and used as a place for the public worship of God. A parson's house or similar residential structure shall be permitted on the same lot.
[Added 10-12-1992 by L.L. No. 10-1992]
REPAIR
Any service normally provided by a licensed electrician to a light fixture or lighting installation, including replacement, modification, or relocation of any of the following: poles, mounting arms, wiring, housings, or any component within or attached to a light fixture. Replacement of a user-serviceable lamp (i.e., light bulb) shall not by itself be considered a repair.
[Added 10-4-2018 by L.L. No. 5-2018]
RESIDENTIAL LIGHTING
Any outdoor lighting on a lot having a structure or structures whose primary use is residential (or, if undeveloped, is zoned for such use). Although reviewed as a commercial site plan, lighting plans for multifamily or condominium developments shall follow residential standards.
[Added 10-4-2018 by L.L. No. 5-2018]
RESIDENTIAL STORAGE SHED
A structure used to store household equipment (including garden equipment, lawn furniture and bicycles) and having a maximum gross floor area of 144 square feet and a height not greater than 10 feet. A residential storage shed shall have no illumination.
[Amended 7-5-2016 by L.L. No. 3-2016; 3-3-2022 by L.L. No. 3-2022]
RESTAURANT
[Added 5-10-1993 by L.L. No. 2-1993]
A. 
RESTAURANT, STANDARDA type of eating establishment where food and/or beverages are sold to patrons in a ready-to-consume state and whose design or principal method of operation includes one or both of the following characteristics:
(1) 
Customers, normally provided with individual menus, are served their purchase by a restaurant employee at the same table or counter where said items are consumed.
(2) 
A cafeteria/buffet operation where food and/or beverages may be hand-selected off buffet tables or counters by patrons, who then bring their selections to furnished dining areas for consumption on the premises. The provision of accessory self-service salad bars, garnish bars and the like shall not by itself constitute a cafeteria or buffet service operation for the purposes of this chapter.
(3) 
A standard restaurant shall not include the other types of restaurants defined herein, nor does it include any form of bar, tavern, cabaret, disco or nightclub.
B. 
(1) 
A type of eating establishment where food and/or beverages are ordered and purchased over counters in a ready-to-consume state for consumption within the restaurant building, elsewhere on the premises and/or for carryout, and/or served from a drive-in/drive-through window, open-front or curb service, and whose design or principal method of operation includes one or both of the following characteristics:
(a) 
Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers.
(b) 
There are three or more cashier stations available to patrons.
[Amended 8-6-2015 by L.L. No. 4-2015]
(2) 
A "fast-food, drive-in, counter-service or take-out restaurant" shall not include the other types of restaurant defined herein or any form of bar, tavern, cabaret, disco or nightclub.
C. 
LUNCHEONETTE, COFFEE SHOP, COFFEE HOUSE or TEA HOUSEA type of eating establishment where food and/or beverages are sold to patrons in a ready-to-consume state with the food being prepared either on site or off site. The capacity of said establishment shall not exceed eight tables and a total of 32 individual seats. A "luncheonette," "coffee shop," "coffee house" or "tea house" shall not include the other types of restaurant defined herein or any form of bar, tavern, cabaret, disco or nightclub.
[Amended 12-1-2005 by L.L. No. 10-2005[6]]
D. 
BAR or TAVERNAn establishment primarily engaged in the sale and service of beverages for on-premises consumption, which is also subject to regulatory authority of the New York State Liquor Authority, with the sale or service of food being incidental thereto. Such establishments may also have hours of operation which extend beyond the normal dining times for breakfast, lunch or dinner. A "bar" or "tavern" shall not include the other types of restaurant defined herein or any form of cabaret, disco or nightclub.
[Amended 4-11-1994 by L.L. No. 5-1994]
E. 
CABARET, DISCO or NIGHTCLUBAn establishment primarily engaged in the sale and service of beverages for on-premises consumption and the providing of musical entertainment, singing, dancing or other forms of amusement and entertainment, with the sale or service of food being incidental and accessory thereto. Such establishment may also have one or more of the following characteristics: age restrictions, cover charges, charges for admission, disc jockeys, jukeboxes, amplified sound systems, live entertainment and the like; the hours of operation extend beyond the normal dinner hours. A "cabaret," "disco" or "nightclub" shall not include the other types of restaurant defined herein or any form of bar or tavern.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the Atlantic Ocean beach.
[Added 4-9-1983 by L.L. No. 3-1983]
SEARCHLIGHT
Lighting designed to project a high-intensity beam of light that is typically used to sweep the sky for promotional purposes.
[Added 10-4-2018 by L.L. No. 5-2018]
SENIOR CITIZEN HOUSING
Housing designed and limited to persons who are 55 years of age and over, including a husband or wife under the age of 55 years who is residing with his or her spouse and children over the age of 19 years residing with parents or grandparents where at least one of the parents or grandparents is at least 55 years of age or older. The dwelling unit cannot exceed 850 square feet of habitable space, two conventional bedrooms and there can be no habitable space in basements or cellar areas.
[Added 3-10-2003 by L.L. No. 1-2003; amended 12-8-2003 by L.L. No. 13-2003]
SENSOR (MOTION)
A device that causes a light fixture to turn on or off in response to motion or light or infrared radiation or a combination thereof.
[Added 10-4-2018 by L.L. No. 5-2018]
SHIELD or SHIELDED
An opaque device that is attached to a light fixture to prevent light from being emitted in certain directions. Auxiliary "back" or "house-side" shielding added to an already fully shielded fixture can help limit trespass where a fixture is located near the property line.
[Added 10-4-2018 by L.L. No. 5-2018]
SIGHT TRIANGLE
The triangular area within a corner lot determined by the point of intersection of the street lines of the adjacent sides of the corner lot and by each of two points, one on each intersecting street line, each point being located 25 feet distant from the point of intersection of the adjacent street lines; if the street lines are joined by, or merged, in a curve, the triangular area within a corner lot determined by the point of intersection of the extension of the street lines of the adjacent sides of the corner lot and by each of two points, one on each intersecting street line, each point being located 50 feet distant from the point of intersection of the adjacent street lines extended.
[Added 2-14-2000 by L.L. No. 5-2000]
SKYGLOW
The brightening of the night sky or the overhead glow from artificial light that is directed upward or from light reflected upward from the ground or off other surfaces. Skyglow is caused by the reflection of light off moisture and dust particles in the atmosphere, reducing the ability to view the natural night sky.
[Added 10-4-2018 by L.L. No. 5-2018]
SPORTS LIGHTING
Light fixtures used to illuminate courts, arenas, fields, tracks, and recreational areas.
[Added 10-4-2018 by L.L. No. 5-2018]
START OF CONSTRUCTION
The first placement of permanent construction of a building or structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation.
[Added 4-9-1983 by L.L. No. 3-1983]
STORY
That portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed a story. A basement shall be deemed to be a story when the finished floor immediately above is six feet or more above the average elevation of the finished grade. A cellar shall not be deemed to be a story. An attic shall be deemed to be a story where it meets the requirements for habitable space.
[Added 3-10-2003 by L.L. No. 1-2003; amended 12-8-2003 by L.L. No. 13-2003]
STREET
A permanently established public or private thoroughfare or right-of-way used or laid out to afford the principal means of access for vehicles and having a minimum width of at least 20 feet. Moniebogue Lane, Glover Lane and Sunset Lane and the "walks" on the south side of Dune Road as shown upon revised Map No. 308 of the Buena Vista Subdivision shall be considered "streets" under this definition.
[Amended 7-5-2016 by L.L. No. 3-2016]
STREETLIGHTING
Permanent outdoor lighting that is owned and maintained by a municipality or other public agency and that is specifically intended to illuminate streets for automotive vehicles and may also incidentally light sidewalks and private property.
[Added 10-4-2018 by L.L. No. 5-2018]
STREET LINE
The line separating the street from the lot.
STRUCTURE
Anything made up of interdependent parts in a definite pattern of organization which is located on or in the ground or is attached to something else which is located on or in the ground. A "structure" includes, but is not limited to, a main building, accessory building and all types of recreational facilities, including but not limited to swimming pools and tennis courts.
[Amended 1-10-1969; 3-11-1977 by L.L. No. 1-1977]
SUBSTANTIAL IMPROVEMENT
[Added 4-9-1983 by L.L. No. 3-1983]
A. 
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(1) 
Before the improvement or repair is started; or
(2) 
If the structure has been damaged and is being restored, before the damage occurred.
B. 
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) 
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(2) 
Any alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUPERMARKET AND GROCERY STORE
Establishment, commonly known as "supermarket" or "grocery store," primarily engaged in the retail sale of all sorts of canned foods and dry goods, such as tea, coffee, spices, sugar and flour, fresh fruits and vegetables, and fresh and prepared meats, fish and poultry.
[Added 10-11-1996 by L.L. No. 12-1996]
SWIMMING POOL
An artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet, designed or intended for the purpose of bathing or swimming, and including all appurtenant equipment.
[Added 4-13-1984 by L.L. No. 6-1984]
TEMPORARY LIGHTING
Lighting which is intended to be used for a specified purpose and for a limited time and is removed thereafter.
[Added 10-4-2018 by L.L. No. 5-2018]
TENNIS COURT
A structure constructed on the ground consisting of a playing area of whatever consistency used to engage in the game of tennis and having a permanent or temporary net. A backstop, if constructed, consisting of netting, fencing or similar material and designed to prevent the passage of tennis balls, shall also be part of a tennis court.
[Added 4-13-1984 by L.L. No. 6-1984]
TIME SHARING
A partial or share ownership interest with others in a condominium or cooperative which entitles the owner to the use and enjoyment of the property for only a specified period or periods during the year, and the owner does not have the right to the use and enjoyment for the entire year.
[Added 5-14-1982 by L.L. No. 9-1982]
TOWNHOUSE or ROW HOUSE
A one-family dwelling sited in a row consisting of at least five such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. As defined for purposes and development standards under the provisions of the Village’s Zoning Code, townhouses or row houses are considered multifamily dwellings, not one-family dwellings, and shall not exceed five residential units per structure.
[Added 4-3-2008 by L.L. No. 5-2008]
UL RATING
A reference to "Underwriters Laboratory," a commercial agency that certifies the maximum safe wattage for fixtures and other electrical devices. A UL label indicating the maximum safe wattage is affixed or imprinted on all light fixtures which are offered for sale.
[Added 10-4-2018 by L.L. No. 5-2018]
UNIFORMITY RATIO
A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum to minimum illuminance or the average to minimum illuminance.
[Added 10-4-2018 by L.L. No. 5-2018]
UNSHIELDED
A fixture designed or installed so that it is not fully shielded, i.e., emits light above the lowest light-emitting part of the fixture.
[Added 10-4-2018 by L.L. No. 5-2018]
VARIANCE
A modification of the regulations of this chapter granted by the Board of Appeals on the grounds of practical difficulties or unnecessary hardship.
[Added 4-9-1983 by L.L. No. 3-1983]
VENDING MACHINES OR EQUIPMENT (OUTDOOR)
A box, container, machine, device or other coin-operated or attended dispenser of goods or products, such as but not limited to cigarette machines, soda coolers, icehouses and milk dispensers, whether designed for or merely utilized on the exterior of buildings and stores and whether a part of the exterior of the main building or an auxiliary building or the sole occupant of the lot, regardless of the size of the machine or equipment unit, and these shall be subject to the same front, side and rear yard requirements as the buildings in the permitted use districts.
VETERINARY HOSPITAL
A building used to provide medical and surgical treatment to animals. Animals shall only be kept on the premises overnight for medical reasons. No animals shall at any time be kept outside, and all animals must be kept within the building.
[Added 4-11-1994 by L.L. No. 5-1994]
VILLAGE
The Village of Westhampton Beach and its employees, officers, or agents, including any agency, authority, board, bureau, commission, committee, council, department, or division of the Town created by law or by the Town Board or by the Town Supervisor, the expenses of which are paid in whole or in part from Town funds.
[Added 10-4-2018 by L.L. No. 5-2018]
WALL
A structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.
[Added 3-11-1983 by L.L. No. 2-1983]
WATT
The standard unit of measurement of electrical power. One watt is one ampere of current flowing at one volt.
[Added 10-4-2018 by L.L. No. 5-2018]
YARD, FRONT
An opening, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the front lot line and the line of the main building, projected to the side lines of the lot. The depth of the front yard shall be measured between the line of the main building and the front lot line. "Line of the main building" shall mean the point of greatest exterior projection of any part of the main building.
[Amended 12-9-1966; 2-14-2000 by L.L. No. 5-2000; 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003; 12-5-2019 by L.L. No. 12-2019]
YARD, REAR
An open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building 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. On an irregular or triangular lot, the rear lot line shall be a line entirely within the lot, at least 10 feet long and parallel to and most distant from the front lot line. "Line of the main building" shall mean the point of the greatest exterior projection of any part of the main building. On a lot bounding on the Atlantic Ocean, the rear lot line shall be the crest of the dunes.
[Amended 12-9-1966; 4-8-1988 by L.L. No. 10-1988; 9-9-1988 by L.L. No. 23-1988]
YARD, SIDE
An open, unoccupied space on the same lot with the main building, situated between the side line of the main building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. "Line of the main building" shall mean the point of the greatest exterior projection of any part of the main building.
[Amended 12-9-1966]
[1]
Editor's Note: The former definition of "exterior lighting," which immediately followed, was repealed 10-4-2018 by L.L. No. 5-2018.
[2]
The former definition of “hotel,” as amended, which immediately followed this definition, was repealed 1-3-2019 by L.L. No. 1-2019.
[3]
Editor's Note: The former definition of "light," which immediately followed, was repealed 10-4-2018 by L.L. No. 5-2018.
[4]
Editor's Note: The former definition of "lighting fixture," which immediately followed, was repealed 10-4-2018 by L.L. No. 5-2018.
[5]
Editor's Note: The former definition of “main building,” added 5-8-2000 by L.L. No. 7-2000, which immediately followed this definition, was repealed 3-10-2003 by L.L. No. 1-2003.
[6]
Editor's Note: This local law also repealed former Subsection D, the definition of "coffee house or tea house," and redesignated former Subsections E and F as D and E, respectively.
[Amended 10-10-1980 by L.L. No. 15-1980; 4-9-1983 by L.L. No. 3-1983; 1-10-1986 by L.L. No. 2-1986; 4-12-1991 by L.L. No. 9-1991; 2-14-2000 by L.L. No. 1-2000]
A. 
For the purpose of protecting the public health, safety, morals and general welfare of the community, the Village of Westhampton Beach is hereby divided into the following types of districts:
(1) 
Residential Districts:
Residential District 1
Residential District 2
Residential District 3
Residential District 4
Residential District 5
(2) 
Business Districts:
Business District 1
Business District 2
Business District 3
(3) 
Hotel District.
(4) 
Industrial Districts:
Industrial District 1
(5) 
Multifamily Residence Districts.
Multifamily Residence District 20
(6) 
Tidal Floodplain Overlay District.
(7) 
Marina District.
(8) 
Parks and Conservation District.
B. 
Said districts are bounded and defined as shown on a map entitled "Zoning Map of the Village of Westhampton Beach," which accompanies and which, with explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Village Clerk.
Where district boundaries are so indicated that they are approximately parallel to street lines, such district boundaries shall be considered as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given or the district boundary line is not otherwise determined, such distance and boundary line shall be determined by the use of the scale shown on said Zoning Map.
[Amended 9-11-1981 by L.L. No. 15-1981]
After the effective date of this chapter or any amendment thereto, where a district boundary line divides a lot in single ownership, the Board of Trustees, by way of special exception application. may permit a use permitted in the less restricted district to extend into the more restricted portion of a lot for a distance of not more than 30 feet.
A. 
Conformance to district regulations; exception.
[Amended 4-8-2002 by L.L. No. 3-2002]
(1) 
Except as is provided for in Subsection A(2), no building, structure or part thereof shall be erected, moved, enlarged or extended, or undergo a change of occupancy classification, unless in conformity with the regulations herein specified for the district in which it is located.
[Amended 7-6-2021 by L.L. No. 3-2021]
(2) 
A nonconforming building located in the area of special flood hazard may be raised and for the sole purpose of constructing a new foundation that conforms with Chapter 91, Flood Damage Prevention.
B. 
No building shall hereafter be erected, moved, altered, enlarged or extended to:
(1) 
Accommodate a greater number of families.
(2) 
Occupy a greater percentage of lot area.
(3) 
Have narrower or smaller rear yards or front yards.
(4) 
Exceed the height that is specified herein for the district in which such building is located.
C. 
No part of a yard or other space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
D. 
After a building permit has been issued or a plat of a subdivision of land showing a new street or highway has been approved by the Planning Board, the lot area or areas shall not be reduced below that required for the district in which the property is located.
E. 
Within all residential districts, the multifamily residential districts, the facility districts and the business districts, no land, building or structure shall be used, altered, erected or designed to be used in whole or in part except for one or more of the specified uses as set forth in said districts.
[Added 9-11-1981 by L.L. No. 15-1981]
F. 
Lands lying underwater shall be considered as being in the same district as the abutting upland for a distance of 250 feet from said upland, unless specifically classified and designated otherwise.
[Added 7-7-1986 by L.L. No. 14-1986; amended 4-8-1988 by L.L. No. 13-1988][1]
[1]
Editor's Note: Former Subsection G, regarding lots with single and separate status, added 7-7-1986 by L.L. No. 14-1986, as amended, was repealed 4-8-2002 by L.L. No. 3-2002. Former Subsection H, regarding expansion of one-family dwellings, was repealed 11-14-1997 by L.L. No. 14-1997. Said local law also redesignated former Subsection I as Subsection H; this redesignated Subsection H, regarding structures in areas not otherwise defined as front, side or rear yards, added 3-13-1995 by L.L. No. 3-1995, was repealed 7-6-2021 by L.L. No. 3-2021.