For purposes of this chapter, certain terms
or words used herein shall be interpreted or defined as follows:
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]
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]
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]
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]
See "dwelling unit."
[Added 3-12-1982 by L.L. No. 7-1982; amended 5-14-1982 by L.L. No. 9-1982]
See "dwelling, multiple."
[Amended 5-14-1982 by L.L. No. 9-1982]
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]
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]
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]
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]
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]
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]
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.
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]
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]
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]
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]
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.
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.
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]
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]
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]
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]
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.
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]
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]
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]
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]
A noncommercial use established primarily 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]
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]
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]
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]
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]
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]
The minimum horizontal dimension of such court at right angles
to the width.
[Added 6-8-1984 by L.L. No. 7-1984]
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]
Any court which is not an outer court
[Added 6-8-1984 by L.L. No. 7-1984]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
A dwelling unit designed to accommodate an occupancy of no
more than two persons.
[Added 2-14-2000 by L.L. No. 1-2000]
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]
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]
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]
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]
Any parcel of land which is used for gain in the raising
of agricultural products.
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
 |
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]
 |
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
Illuminating Engineering Society, the trade association of
the lighting industry.
[Added 10-4-2018 by L.L.
No. 5-2018]
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]
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]
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]
A street or road which affords direct access to another street
or road.
[Added 2-14-2000 by L.L. No. 5-2000]
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.
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]
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]
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 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]
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.
A semiconductor device that emits visible light when electrical
current passes through it.[3]
[Added 6-12-1992 by L.L. No. 5-1992]
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]
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]
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]
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 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]
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]
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]
All areas designated as tidal wetlands by the New York State
Department of Environmental Conservation;
All areas south of the crest of the northerly dune on those
lots located on the south side of Dune Road; and
The flagpole portion of any flag lot, to the extent such flagpole
is 20 feet or less in 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]
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]
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]
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]
See "fixture."
[Added 10-4-2018 by L.L.
No. 5-2018]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
Lighting which does not meet the requirements and specifications
contained in this article.
[Added 10-4-2018 by L.L.
No. 5-2018]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
[Added 5-10-1993 by L.L. No. 2-1993]
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:
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.
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.
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.
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 "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.
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]]
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]
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.
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]
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]
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]
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]
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]
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]
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]
Light fixtures used to illuminate courts, arenas, fields,
tracks, and recreational areas.
[Added 10-4-2018 by L.L.
No. 5-2018]
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]
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]
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]
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]
The line separating the street from the lot.
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]
[Added 4-9-1983 by L.L. No. 3-1983]
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:
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
Any alterations of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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.
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]
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]
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]
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]
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]
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]
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]
B.
No building shall hereafter be erected, moved, altered,
enlarged or extended to:
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.
[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.
