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Village of East Rockaway, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (13) Index
There is hereby established a comprehensive zoning plan for the Village of East Rockaway, Nassau County, New York (hereinafter referred to as the "Village"), which plan is set forth in the text, maps and schedules which constitute this chapter. Said plan is adopted for the protection and promotion of the public health, safety and general welfare of the community as follows:
A. 
To guide the future growth and development of the Village in accordance with a comprehensive plan of land use and population density that represents the most beneficial and convenient relationships among the residential, nonresidential and public areas within the Village, considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living and having regard for the use of land and building development, considering such conditions and trends both within the Village and with respect to the relation of the Village to areas outside thereof.
B. 
To provide adequate light, air and privacy; to secure safety from fire, panic, flood and other danger; and to prevent overcrowding of the land and undue congestion of population.
C. 
To protect the character and the social and economic stability of all parts of the Village and to encourage the orderly and beneficial development of all parts of the Village.
D. 
To bring about the gradual conformity of the uses of land and buildings throughout the Village through the 00n set forth in this chapter and to minimize conflicts among the uses of land and buildings.
E. 
To promote the most beneficial relation between the use of land and buildings and the circulation of traffic throughout the Village, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and buildings throughout the Village.
F. 
To provide a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building developments relating to uses of land and buildings throughout the Village.
G. 
To limit development to an amount equal to the availability and capacity of public facilities and services.
H. 
To prevent the pollution of streams and ponds; to safeguard the water table; and to encourage the wise use and sound management of natural resources throughout the Village in order to preserve the integrity, stability and beauty of the community and the value of the land.
A. 
All words used in the present tense include the future tense, all words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally.
B. 
Terms, phrases and words used in this chapter and not defined herein shall have the meaning given in the New York State Uniform Fire Prevention and Building Code and the Nassau County Fire Prevention Code.
C. 
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.[1]
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]
AUTOMOBILE WASHING OR POLISHING ESTABLISHMENT
A building or premises, available to the public, operated for gain and which is used or intended to be used for the washing and/or polishing of motor vehicles.
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.
BOARD OF APPEALS
The Zoning Board of Appeals of the Village.
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, ONE-FAMILY
A detached building designed for or occupied exclusively by one family.
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, INTERIOR
A lot other than a corner lot.
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.[2]
[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.[3]
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]
PLANNING BOARD
The Planning Board of the Village.
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][4]
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 BOARD
The Mayor and Board of Trustees of the Village.
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.
[1]
Editor's Note: The former definitions of "adult bookstore," adult entertainment cabaret," and "adult theater," added 8-14-1995 by L.L. No. 3-1995, were repealed 5-13-2019 by L.L. No. 4-2019.
[2]
Editor's Note: The former definition of "massage establishment," added 8-14-1995 by L.L. No. 3-1995, was repealed 5-13-2019 by L.L. No. 4-2019.
[3]
Editor's Note: The former definition of "peep shows," added 8-14-1995 by L.L. No. 3-1995, was repealed 5-13-2019 by L.L. No. 4-2019.
[4]
Editor's Note: The former definition of “restaurant, fast food” as added 12-12-2005 by L.L. No. 18-2005, which immediately followed this definition, was repealed 12-10-2007 by L.L. No. 19-2007.
[Amended 12-12-2005 by L.L. No. 18-2005; 6-11-2007 by L.L. No. 10-2007]
A. 
For the purpose of regulating and restricting the location of trades and industries and the location of buildings designed for specific uses; for the purpose of regulating and limiting the height, size and bulk of buildings hereafter erected; and for the purpose of regulating and determining the area of yards, side yards, setbacks, courts and other open spaces for buildings hereafter erected, the Village of East Rockaway, Nassau County, New York, is hereby divided into eight districts listed below, from most restrictive to least restrictive:
[Amended 11-15-2010 by L.L. No. 10-2010]
Residential A
Residential B
Apartment
Waterfront
Waterfront Commercial
Commercial A
Commercial-Recreation
Industrial
B. 
The districts are as shown on the Zoning Map of the Village of East Rockaway which accompanies and forms a part of this chapter, which map is titled the "Zoning Map of the Village of East Rockaway, Nassau County, New York,” as last revised on October 5, 2010.[1]
[Amended 11-15-2010 by L.L. No. 10-2010]
[1]
Editor's Note: The Zoning Map is available and on file in the office of the Village Clerk.
C. 
The use districts declared on said map are hereby established. The use district map designations are hereby declared to be a part of this chapter. No building or premises shall be erected or used for any purpose other than a purpose or use permitted in the use district in which such building or premises is located.
D. 
Where a use district boundary line divided a lot in single ownership at the time of the passing and adoption of the Zoning Chapter on June 25, 1945, the entire lot in such single ownership on June 25, 1945, may be used for any purpose permitted in either portion thereof; provided, however, that this shall not result in an extension of the less restricted zone or use district for more than 50 feet beyond the boundary line of such less restricted district as shown on said Zoning Map as adopted June 25, 1945.
Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply:
A. 
District boundary lines are intended to follow streets, rights-of-way, watercourses or lot lines, or be parallel or perpendicular thereto, unless such district boundary lines are fixed by dimensions or are otherwise shown on the zoning district map referred to above.
B. 
Where district boundaries are indicated as following approximately streets, rights-of-way or watercourses, the center lines thereof shall be construed to be such boundaries.
C. 
Where district boundaries are so indicated that they approximately follow the edge of lakes, ponds, reservoirs or other bodies of water, the mean high-water lines thereof shall be construed to be the district boundaries.
D. 
Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundaries.
E. 
If the district classification of any land is in question or where property has not been specifically included within the district, it shall be deemed to be in the most restrictive adjoining district.
F. 
Whenever any street or other public way is vacated in the manner authorized by law, the district adjoining each side of such street or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
Where districts are referred to as more restrictive or less restrictive, the designation shall refer to the order in which the districts are named above, the first named being the most restrictive.
Where a lot in one ownership of record is divided by one or more district boundary lines, regulations for the less restricted portion or portions of such lot shall not extend into the more restricted portion or portions.