For the purposes of this chapter, certain words and
terms used herein are defined as follows:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use customarily incidental and subordinate
to the principal building or use and located on the same lot with
such principal building or use.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
either by extending on a side or by increasing in height, or the moving
from one location or position to another.
AREA, BUILDING
The total area of a lot covered by all buildings thereon,
both principal and accessory, measured by the exterior dimensions
of such buildings, but not including uncovered porches, steps and
terraces.
AREA, FLOOR
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior face of exterior
walls or from the center line of walls separating two buildings, and
excluding breezeway and garage areas and basement and attic floor
areas used only for accessory uses.
AUTOMOBILE REPAIR SERVICES, MAJOR
An establishment primarily engaged in general repair, rebuilding,
or reconditioning of engines or motor vehicles, including body work,
framework, welding, and major painting service.
[Added 12-12-2005 by L.L. No. 18-2005]
AUTOMOBILE REPAIR SERVICES, MINOR
An establishment primarily engaged in the repair or maintenance
of motor vehicles and similar mechanical equipment, including brake,
muffler, upholstery work, tire repair and change, lubrication, tune
ups, and transmission work, provided it is conducted within a completely
enclosed building.
[Added 12-12-2005 by L.L. No. 18-2005]
BANK
A corporation, organized under or subject to the provisions of Article
III of the Banking Law, having a place of business where credits are opened by the deposit or collection of money and currency, subject to be paid or remitted upon draft, check or order, and where money is advanced, loaned on stocks, bonds, bullion, bills of exchange and promissory notes, and where the same are received for discount or sale. For purposes of this chapter, a business licensed to cash checks under or subject to the provisions of Article IX-A of the Banking Law is not a bank.
[Added 12-12-2005 by L.L. No. 18-2005]
BAR/TAVERN
An establishment having a legal occupancy of fewer than 100
persons and primarily engaged in the sale and service of alcoholic
beverages for on-premises consumption, subject to regulatory authority
of the New York State Liquor Authority. The accessory or incidental
sale of food or snacks shall not entitle such a use to be considered
a restaurant under other provisions of this chapter.
[Added 12-10-2007 by L.L. No. 19-2007]
BASEMENT
That portion of a building wholly or partly underground,
which extends no more than four feet above the adjoining finished
grade.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
BUILDING HEIGHT
The vertical distance measured from the mean level of the
existing undisturbed grade or the proposed finished grade, whichever
is more restrictive, along the perimeter of the structure, to the
highest point of the roof surface, provided that chimneys, vents,
cupolas and other similar projections shall not be included in the
height if they do not exceed the maximum permitted building height
by more than three feet.
[Amended 9-12-2005 by L.L. No. 9-2005]
BUILDING LENGTH
The least horizontal distance between the furthermost walls
of a building.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CAMP
Any area of land or water, including any building or structure
or group of buildings or structures, used for temporary or seasonal
living, camping and/or sports and recreation purposes or activities,
but excluding municipally owned areas and buildings or structures
used by a municipality for such recreation purposes.
CAMP COTTAGE
Any building of whatever material constructed, designed or
equipped to be used for living, sleeping or eating only by transient
or seasonal occupants within a tourist camp.
CAMP, DAY
Any camp as defined in this chapter offering day care, instruction,
recreation, play or sports for adults or children and not qualifying
as a private school as herein set forth.
CAMP UNIT
Any plot of land in a tourist camp upon which is proposed
to be located any tent, tent house, camp cottage, tourist unit, house
car or trailer designed or equipped to be used for living, sleeping
or eating.
CELLAR
That space of a building which is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
COMMERCIAL CENTER
Any building or buildings, structure or structures or premises
used by one or more enterprises for commercial purposes specifically
permitted within the particular use district in which this term is
applied, where the proposed use occupies a site of five or more acres,
whether built at one time as a unit or in two or more construction
stages.
COMMERCIAL VEHICLE
Any commercially registered vehicle, including but not limited
to a bus, a minibus, a box truck, a tractor-trailer combination (or
either component thereof), an ambulance, an articulated bus, an automobile
transporter, a boat transporter, a hazard vehicle, a livery, limousine,
taxi, or other for-hire vehicle, an omnibus, a sanivan, a tow truck,
a truck, a vanpool vehicle, or any other vehicle which, by reason
of the attachment of exterior racks, fixtures, tool boxes, containers
or other equipment, hardware or fixtures designed to accommodate tools,
service equipment, construction materials or other commercial merchandise,
presents the outward appearance of a vehicle which is primarily utilized
in furtherance of commercial or industrial enterprise.
[Added 7-10-2006 by L.L. No. 5-2006]
COMMUNITY THEATER
A building or part of a building devoted to the showing of
dramatic, musical, motion-picture or comedic live performances, having
200 seats or fewer.
[Added 11-15-2010 by L.L. No. 10-2010]
COVERAGE
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
DRIVE-IN ESTABLISHMENT
Any use which does not customarily provide off-street parking
facilities and/or which serves the needs of customers who do not customarily
leave their vehicles while being served. The term "drive-in establishment"
shall be deemed to include but not be limited to such places of business
as bank windows, restaurants, car washes and dairy stores.
DWELLING
A detached building, designed or used exclusively as living
quarters for one or more families; the term shall not be deemed to
include an automobile court, motel, boardinghouse or rooming house,
mobile house trailer, tourist home or tent.
DWELLING MODEL
A dwelling or dwellings used for the exhibitions or demonstration
of dwellings or dwelling units for sale or rental.
DWELLING, MULTIPLE
A building or portion thereof designed for or occupied by
three or more families living independently of each other.
DWELLING, TWO-FAMILY
A detached building designed for or occupied exclusively
by two families living independently of each other.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal corporations of underground or overhead
gas, electrical or water transmission or distribution systems, collection,
communication, supply or disposal systems, including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, but not including buildings,
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal corporations or for the public health
or safety or general welfare.
FAMILY
Any number of individuals related by blood, marriage or adoption,
or not more than four persons who are not so related, living together
as a single housekeeping unit, using rooms and housekeeping facilities
in common and having such meals as they may eat at home generally
prepared and eaten together.
FARM, FARM USE: CUSTOMARY FARM OCCUPATION
The use of a parcel of land, either as a principal or accessory
use, for the purpose of producing agricultural, horticultural, floricultural,
vegetable and fruit products of the soil, livestock and meats, poultry,
eggs, dairy products, nuts, honey, wool and hides but shall not include
the breeding, raising or maintaining of fur-bearing animals, riding
academies, livery stables or animal kennels. A garden, accessory to
a residential use, shall not be deemed a "farm" or "farm use." A "customary
farm occupation" shall be the conducting of usual "farm" activities
and shall include the processing of the products of only the "farm"
on which such processing is conducted.
FILED MAP
Any map, survey or plat filed in the County Clerk's office
of Nassau County.
FITNESS CENTER
A building or structure containing exercise equipment, games
courts, swimming facilities, locker rooms, jacuzzis and/or saunas,
which offers exercise, fitness, physical wellness, nutrition, health
or sports programs to its members and guests.
[Added 11-15-2010 by L.L. No. 10-2010]
FRONTAGE
The extent of a building or a lot along a street.
GARAGE, PRIVATE
An accessory building and/or part of a principal building
which is designed for the storage of not more than three motor vehicles,
and used for the storage of motor vehicles or other personal property
owned and/or used by residents living on the premises.
[Amended 9-12-2005 by L.L. No. 9-2005]
GARAGE, PUBLIC
A building, other than a private garage, available to the
public, operated for gain, and which is used or intended to be used
for storage, rental, greasing, washing, servicing or adjusting of
automobiles or other motor vehicles.
GASOLINE SERVICE STATION
A building, land or premises where the business carried on
is the sale of gasoline, motor fuel, oil, and accessories for motor
vehicles, and may include the servicing of motor vehicles and which
business includes only minor repairs and adjustments.
[Amended 12-12-2005 by L.L. No. 18-2005]
GRADE, ESTABLISHED
The elevation of the center line of a street as officially
established by authorities of the Village of East Rockaway.
GRADE FINISHED
The finished grade of any point along the wall of a building
shall be the elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point.
HOME OCCUPATION
An accessory use of a character customarily conducted entirely
within a dwelling by the residents thereof, using only customary home
appliances, which use is clearly incidental and secondary to the use
of the dwelling for dwelling purposes, does not change the character
thereof, does not have any exterior evidence of such secondary use,
other than a small nameplate, not over two square feet in area, and
which does not involve the keeping of a stock in trade. The conducting
of a clinic, hospital, barbershop, beauty parlor, photographer's salon,
tearoom, tourist home, real estate office, animal hospital, dancing
instruction, music instruction, band instrument instruction in groups,
convalescent home, funeral home, stores of any kind or any similar
use, shall not be deemed to be a home occupation.
INDOOR AMUSEMENT CENTER
A building or structure designed and equipped for the following
indoor amusement and leisure-time activities only: arcade, game room,
amusement rides, miniature golf, batting/sports cage, or laser tag.
An indoor amusement center may also include any accessory uses that
are customary and incidental accessory to the principal use, provided
that all accessory uses shall not exceed more than 20% of the total
floor area of the building or structure.
[Added 11-15-2010 by L.L. No. 10-2010]
INDOOR SPORTS FACILITY
A building or structure designed and equipped for the indoor
conduct and instruction of the following sports activities only: skating,
bowling, racquetball, squash, basketball, tennis, swimming, skateboarding,
golf, hockey, baseball, football, soccer, lacrosse or gymnastics.
An indoor sports facility may also include any accessory uses that
are customary and incidental accessory to the principal use, provided
that all accessory uses shall not exceed more than 20% of the total
floor area of the building or structure.
[Added 11-15-2010 by L.L. No. 10-2010]
LEARNING CENTER
An establishment providing instruction for the following
vocations and activities only: music, martial arts, dance, performing
arts, swimming, gymnastics, creative arts, cooking, automobile driving,
academic tutoring, haircutting and cosmetology.
[Added 1-12-2009 by L.L. No. 1-2009; amended 11-15-2010 by L.L. No. 10-2010]
LIGHT MANUFACTURING
Any manufacturing or industrial production which by the nature
of the materials, equipment, and process utilized is not objectionable
by reason of odor, radiation, noise, vibration, gas fumes, dust, smoke,
refuse matter or water-carried waste and is free of any potentially
dangerous, offensive or hazardous methods and materials.
[Added 12-12-2005 by L.L. No. 18-2005]
LOT
A parcel of land in bona fide separate ownership, including
one or more tax lots, not divided by streets, devoted or to be devoted
to a particular use, or occupied or to be occupied by a building and
its accessory buildings, together with such open spaces as are required
under the provisions of this chapter, and having its principal frontage
on a street or on such other means of access as may be deemed in accordance
with the provisions of law to be adequate as a condition of the issuance
of a building permit for a building or buildings on such land.
LOT AREA
The total horizontal area included within lot boundaries,
excluding any part of an access road which is not a driveway for single
use in connection with the lot.
LOT, CORNER
A lot of which at least two adjacent sides each abut for
a distance of 50 feet or more on streets or public places. Any other
lot is an interior lot. The owner, when first applying for a building
permit, shall designate which of the two streets is to be the principal
frontage for the purpose of establishing the front, rear and side
yard requirements of the lot, subject to the approval of the Superintendent
of Construction.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT LINE
The property lines bounding a lot as defined herein.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line
separating the lot from the street; in the case of any other lot,
the owner shall, for the purpose of this chapter, have the privilege
of electing any street lot as the front lot line, subject to the approval
of the Superintendent of Construction.
LOT LINE, REAR
The lot line which is generally opposite the front lot line;
if the rear lot line is less than 10 feet in length or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDE
The property line or lines extending from the front lot line
to the rear lot line.
LOT, THROUGH
A lot having frontage on two parallel or approximately parallel
streets and extending from street to street. The front yard regulations
shall apply on each street.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
MARIJUANA
The term "marijuana" shall have the same definition ascribed
to marihuana in § 3302 of the New York Public Health Law.
[Added 5-13-2019 by L.L.
No. 4-2019]
MARIJUANA, MEDICAL
The term "medical marijuana" shall have the same definition
ascribed to medical marihuana in § 3360 of the New York
Public Health Law.
[Added 5-13-2019 by L.L.
No. 4-2019]
MARIJUANA PRODUCT
Marijuana and/or any material, substance or other thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount or concentration.
[Added 5-13-2019 by L.L.
No. 4-2019]
MARINA
A dock or basin providing mooring slips or docking facilities
for three or more boats or vessels located in the waterway, for which
a fee or other consideration is accepted for use of said mooring slips
or docking facility, but not including the storage of boats, trailers
or other accessory equipment on land.
[Added 12-12-1994 by L.L. No. 5-1994; amended 1-28-2013 by L.L. No.
5-2013]
NIGHTCLUB
An establishment having a legal occupancy of 100 or more
persons and primarily engaged in the sale and service of alcoholic
beverages for on-premises consumption, subject to regulatory authority
of the New York State Liquor Authority. The accessory or incidental
sale of food or snacks shall not entitle such a use to be considered
a restaurant under other provisions of this chapter. Nightclub uses
are not permitted in any zoning district in the Village of East Rockaway.
[Added 12-10-2007 by L.L. No. 19-2007]
NONCONFORMING USE
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful at the time this chapter or amendments thereto became
effective.
NURSING HOME
A skilled nursing facility licensed by the State of New York
to provide full-time rehabilitation or chronic health care under medical
supervision to individuals of any age who are unable to fully care
for themselves, but not including facilities for surgical care or
institutions dedicated to the care and treatment of mental illness,
alcoholism, or narcotics addiction.
[Added 12-12-2005 by L.L. No. 18-2005]
OFFICE USE
A building or a portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
[Added 11-15-2010 by L.L. No. 10-2010]
OFFICIAL MAP
A map adopted by the Village Board, showing streets, highways
and parks already laid out, adopted and established by law. Drainage
systems may also be shown on this map.
OUTDOOR WOOD-BURNING DEVICE
Any device, equipment, appliance or structure designed to
be located outside living space ordinarily used for human habitation
and designed to transfer or provide heat, via liquid or other means,
through the burning of wood, coal or solid waste, for heating spaces
other than where such device, equipment, appliance or structure is
located, or heating any other device, equipment, appliance or structure
on the premises, or for heating domestic, swimming pool, hot tub or
jacuzzi water. "Outdoor wood-burning device" does not include a fire
pit, wood-fired barbecue or chiminea.
[Added 11-9-2009 by L.L. No. 14-2009]
PARKING AREA
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto. In general, there
shall be an average of about 350 square feet of parking area per parking
space.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of not less than nine
feet and an area of not less than 190 square feet, exclusive of passageways
and driveways appurtenant thereto and giving access thereto, and having
direct usable access to a street.
PARTITIONING
A subdivision which does not involve the layout of any new street nor the change in lines, drainage or grade of any existing street nor the installation of any street improvement, as approved under Chapter
254, Subdivision of Land.
PERSONAL SERVICE USE
An establishment primarily involved with the provision of
personal care or other service directly to the ultimate consumer on
a one-to-one basis as walk-in trade or by appointment, which shall
include but is not limited to beauty salons, barbershops, shoe repairers,
decorator shops, tailors, dressmakers, dry cleaners and photographic
studios.
[Added 11-15-2010 by L.L. No. 10-2010]
PREMISES
Land with or without buildings and structures thereon.
RESTAURANT
Any establishment where the principal business is the commercial
sale of prepared foods to patrons for immediate on-premises consumption.
The accessory or incidental sale and service of alcoholic beverages
for on-premises consumption shall not deem such use to be a bar/tavern.
A restaurant may or may not contain a drive-through window.
[Added 12-12-2005 by L.L. No. 18-2005; amended 12-10-2007 by L.L. No. 19-2007]
RESTAURANT, SPECIALTY
An establishment whose primary business is the sale of a
single specialty type of food or beverage that is not considered a
complete meal (e.g., candy, coffee, or ice cream). The sale of other
food, beverages or merchandise is incidental to the sale of the specialty
food or beverage.
[Added 12-12-2005 by L.L. No. 18-2005]
RESTAURANT, TAKE-OUT
Any establishment where patrons order and are served prepared
food in packages for on- or off-premises consumption, with a total
gross floor area of 2,000 square feet or less, or not more than nine
seats, and without a drive-through window.
[Added 12-10-2007 by L.L. No. 19-2007]
RETAIL, SMALL-SCALE
Establishments of 10,000 square feet or less of gross floor
area engaged in the sale or rental of goods for consumer or household
use.
[Added 12-12-2005 by L.L. No. 18-2005]
RETAIL USE
A building or portion of a building used primarily for the
sale of goods or merchandise for personal or household consumption,
and the rendering of services incidental to the sale of such goods.
[Added 11-15-2010 by L.L. No. 10-2010]
ROW HOUSES
A series of dwellings with separate entrances in which all
dwellings shall have two exterior exposed walls, except that the dwellings
on each end shall have no more than three exposed walls.
SCHOOL, PRIVATE
Includes the following: parochial or church-conducted primary
and secondary schools; (private) nursery, kindergarten, primary and
secondary schools, either chartered by the Regents of the University
of the State of New York or approved by and under the supervision
of the New York State Department of Education or chartered by a special
act of the Legislature, which parochial and private primary schools
shall furnish academic instruction as required by § 3204
of the Education Law, and which enumerated schools shall have curriculum
similar to those of public schools approved by said Board or said
Department and shall give regular instruction to pupils five days
a week (holidays in any week excepted) for not less than nine consecutive
months in each year, but which schools shall be conducted only during
the period between September 1 and July 1 of each year (a period coextensive
with the period during which public schools are required to be in
session), and all of which secondary schools shall give Regents examinations.
The foregoing enumeration shall in no case include schools, though
chartered, giving special or limited instruction, viz., trade schools,
business schools or vocational schools, such as but not limited to
music schools, dramatic schools, automobile driving schools, real
estate and insurance schools, radio and television schools, beauty
culture and massage schools, charm schools, fashion schools, interior
decorating schools, swimming schools, dancing schools, barber schools
and other similar types of schools.
SEASONAL SIDEWALK SEATING AREA
The portion of an establishment that serves food or beverages
for on-premises consumption that is located on the adjacent public
sidewalk and contains tables and seating for use by patrons of the
principal business.
[Added 12-10-2007 by L.L. No. 17-2007]
SENIOR HOUSING, INDEPENDENT
A building, portion of a building or group of buildings containing
dwelling units with full kitchens specially designed for use and occupancy
by households with at least one person age 55 or older, which may
have common amenities but no common dining. Such development does
not include medical facilities or care. Such development must comply
with all applicable federal, state and local laws, regulations and
provisions regarding the same.
[Added 12-12-2005 by L.L. No. 18-2005; amended 8-11-2008 by L.L. No. 5-2008]
SIGN
Any device for visual communication which is used for the
purpose of bringing the subject thereof to the attention of the public.
For the purpose of this chapter, signs shall be divided into five
categories, namely, advertising, announcement, business, official
road and real estate, all of such being more specifically defined
in this section. For the purpose of this chapter, signs shall be considered
to be structures and shall be subject to all regulations applicable
to structures.
SIGN, ADVERTISING
Any sign advertising the sale of goods, the performance of
service or the name or location of a proprietor not located on the
lot upon which the sign is displayed. Billboards and similar signs
shall be included in the term "advertising sign."
SIGN, ANNOUNCEMENT
Any sign used to announce the use of the lot upon which displayed
for a professional office, home occupation, or religious, charitable
or other institutional use.
SIGN, BUSINESS
Any sign used to advertise the use of the lot on which displayed
for the sale of goods, the performance of services or the name or
location of the proprietor, but not including a real estate sign.
Such sign may be located on or attached to a wall of a building, but
not projecting above the highest point of the roof of such building,
or may be freestanding.
SIGN, OFFICIAL ROAD
Any sign erected by a village, town, county or state agency
and used to inform, control or direct traffic on a street.
SIGN, REAL ESTATE
Any sign used to advertise the sale, lease, rental, availability
or location of real estate or housing development, including seasonal
use type of development. Such signs shall be further classified and
defined into three groups, as follows:
(1)
Sale or lease: A real estate sign used to advertise
the sale or lease of only the particular building or lot on which
such sign is displayed.
(2)
Real estate development sign: A real estate
sign used to advertise the sale or lease of building lots or buildings,
part of a subdivision or other real estate development, and located
within the boundaries of such subdivision or development.
(3)
Seasonal use sign: A real estate sign used to
advertise the availability of seasonal housing or seasonal facilities,
or direct the public thereto.
SIGN SIZE
The area which results by multiplying the outside dimensions
of a sign, not including the vertical, horizontal or diagonal supports
which may affix the sign to the ground or to a structure or building.
Where the sign consists of individual letters or symbols attached
to or painted on a building, the area shall be considered to be that
of the smallest rectangle which encompasses all of the letters or
symbols.
STAND, ROADSIDE
Any building or structure, with or without walls or roof,
used to display and store produce and other farm products intended
to be sold at retail to the traveling public.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be counted as a story if the ceiling
is more than four feet above the level from which the height of the
building is measured or if it is used for business purposes or for
dwelling purposes by other than a janitor or watchman.
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STREET
A way which is an existing state, county or Village highway,
or a way shown upon a subdivision plat approved by the Village Planning
Board, as provided by law, or on a plat duly filed and recorded in
the office of the County Clerk.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
SUBDIVISION
The division of any parcel of land into two or more lots,
plots, sites or other division of land for immediate or future use
or for building development in such a way as to create one or more
new streets or extensions of existing street or lot lines. The division
and transfer of property between adjacent property owners which does
not create a new lot or reduce the size of any existing lot area,
dimensions or building setbacks below the minimum requirements for
the zoning district in which it is located shall not be considered
a "subdivision" within the meaning of these regulations.
SWIMMING POOL
Any artificial body of water or receptacle for water having
a depth at any point greater than 18 inches and/or having a plane
surface area larger than 99 square feet and used or intended to be
used for swimming or bathing, installed or maintained in or above
the ground out-of-doors.
[Amended 5-9-1988 by L.L. No. 7-1988]
TERRACE
An uncovered flat platform of earth with or without a surface
material or retaining walls.
USABLE OPEN SPACE
A portion of the ground area of a lot which is available
and accessible to all occupants of a dwelling unit or dwelling units
on said lot for outdoor recreation use, which area is not devoted
to driveways or parking spaces, is at least 25 feet in minimum dimension
and has no more than 10% of its area with a grade of more than 5%.
USE
The specific purpose for which land, water or a building
or structure is designed, arranged, intended or for which it is or
may be occupied or maintained.
VILLAGE
The Village of East Rockaway.
VILLAGE PLAN
The plan adopted by the Village Planning Board pursuant to
§ 7-722 of the Village Law.
YARD
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as may be specifically authorized in
this chapter. In measuring a yard, as hereinafter provided, the line
of a building shall be deemed to mean a line parallel to the nearest
lot line, drawn from a point of a building or the point of a group
of buildings nearest to such lot line, and the measurement shall be
taken at right angles from the line of the building as defined herein
to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front and rear
lot line, as the case may be.