Unless otherwise expressly stated, the following
items, for the purpose of this chapter, shall have the meanings herein
indicated: Words stated in the present tense shall also mean the future.
The singular shall also mean the plural, and the plural includes the
singular. The word "person" includes a corporation, partnership or
other combination of persons. The word "lot" includes the word "plot"
or "parcel." The word "building" includes the word "structure." The
word "site" includes all property accessories. The word "shall" is
mandatory and not directory and does not indicate mere futurity unless
the context clearly so requires. The word "Village" means the Incorporated
Village of Manorhaven or the duly designated officer to whose title
it relates. The "Village Trustee," "Board of Zoning Appeals," "Planning
Board," "Village Attorney," etc., mean, respectively, such officers,
employees or boards of the Village of Manorhaven. The terms "occupied"
or "used," as applied to any land or building, shall be construed
as though followed by the words "or intended, arranged or designed
to be occupied or used."
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate space outdoors the use of which is customarily
incidental to that of the main building or site use on the same lot.
A subordinate building or structure the use of which is customarily
incidental to that of the principal building use on the same lot.
A subordinate use to the primary use assigned to the property
and based upon the ability of the property to sustain that accessory
use in accordance with the zoning requirements.
The complete 43,560 square feet as accepted gross measurement
and not the builder's lot description which could be the net measurement.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders or floors, or any other
change which is not merely a repair or replacement of an existing
part, but which would tend to enlarge or diminish the livable or usable
floor area of the structure or any part thereof or cause a change
in the location or height of the exterior walls or roof of the structure
or make possible a greater intensity of occupancy than is permitted
herein. It does not include ordinary repairs.
A dwelling unit housing a family in a two-family house or
apartment house.
A building arranged by design and construction to contain
more than two families, regardless of ownership form or real estate
home claim.
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 3-28-2007 by L.L. No. 1-2007]
The total number of square feet of maximum perimeter horizontal
surface covered by the principal building and all accessory structures.
All measurements shall be made between exterior faces of walls, foundations,
piers or other means of support above or below the ground level.
That space of a building which is partly below grade, which
has half or more than half of its height, measured from floor to ceiling,
above the average finished grade of the ground adjoining the building.
Any structure, either temporary or permanent, having walls
and a roof designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
[Amended 3-28-2007 by L.L. No. 1-2007]
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is situated.
NONRESIDENTIAL BUILDINGA building in which is conducted the principal use upon a lot, which use is other than for dwelling purposes.
Same as "area of a building."
A building connected by one or two walls with another building.
The area of the building in proportion to the area of the
lot.
A building entirely separated by open spaces from other buildings.
The line of the exterior wall of a building at ground level
adjoining the building.
The person(s) appointed by resolution of the Board of Trustees
to enforce the provisions of this chapter.
Any structure, except a building, positioned parallel to
or perpendicular to the shore, the primary function of which is to
retain soil or any other material from eroding into a waterway or
protect the land from wave damage.
[Added 4-25-2001 by L.L. No. 7-2001]
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 finished grade of the ground adjoining
the building.
A federally or locally designated navigation access way in
the harbor as shown on the Mooring Plan or on United States National
Oceanic and Atmospheric Administration (NOAA) charts.
[Added 4-25-2001 by L.L. No. 7-2001]
A commercial endeavor in which a vessel, or seaplane, is
used to transport passengers and/or goods from one specific destination
point to another or provides a fishing or recreational excursion and
which requires docking/loading facilities, a crew, and is a service
for hire.
[Added 4-25-2001 by L.L. No. 7-2001]
Any activity that removes the vegetative surface cover.
[Added 3-28-2007 by L.L. No. 1-2007]
An organization with premises, buildings and facilities catering
exclusively to users paying admissions fees or charges, and their
guests, for recreational, athletic or related purposes.
An organization with premises, buildings and facilities catering
exclusively to dues-paying members and their guests for recreational,
athletic or related purposes, and excluding commercial admission activities,
except as required generally for the membership and purpose of such
club. For the purposes of this definition, the terms of any membership
shall be not less than 60 days.
A land development or subdivision in which lot sizes are
less than the minimum required by this chapter in the R-3 District
and in which the size deficiency is compensated for by reserved common
open space sufficient to maintain the overall density of the development
or subdivision to that density which would result if all lots were
the minimum required size, but could decrease the number of dwelling
units in some portions and increase the number of dwelling units in
other portions of the property.
A retail sales establishment that offers for sale prepackaged
foods and/or beverages for off-site consumption, which may or may
not be co-located with a gasoline service station or automobile service
station.
[Added 7-2-2012 by L.L. No. 1-2012]
An open and unoccupied space on the same lot and enclosed
on at least three sides by walls of a building.
Those uses of the type officially recognized as such by the
New York State Department of Education and the New York State Council
on the Arts.
The officially established Village, town or county grade
of the curb top in front of the midpoint of the lot.
The deliberate appropriation of property by its owner for
general public use.
[Added 3-28-2007 by L.L. No. 1-2007]
The New York State Department of Environmental Conservation.
[Added 3-28-2007 by L.L. No. 1-2007]
The “New York State Stormwater Management Design Manual,”
most recent version, including applicable updates, that serves as
the official guide for stormwater management principles, methods and
practices.
[Added 3-28-2007 by L.L. No. 1-2007]
A person who undertakes land development activities.
[Amended 3-28-2007 by L.L. No. 1-2007]
In this chapter, each district shall be deemed to be more
restricted from the districts after it in the chapter, and each district
shall be deemed to be less restricted from the districts before it
in this chapter.
Any permanent or seasonal structure, except a building, connected
to a bulkhead or the upland and extending over the water's surface
designed to secure vessels and provide access from the shore to a
body of water. The term includes the terms "wharves," "piers," "fixed
docks," "floating docks" or "floats."
[Added 4-25-2001 by L.L. No. 7-2001]
The natural watercourse of the watershed and its natural
flow, or man-made system.
The terms "dwelling," or "one- or two-family dwelling" shall
not include a rooming house, hotel, motel, tourist home or other accommodations.
SINGLE-FAMILY DWELLINGA building arranged, intended or designed for residential use only and for occupancy by one family only and containing only one kitchen.
TWO-FAMILY DWELLINGA building arranged, intended or designed for residential use and for occupancy by two families only, living independently of each other, and having only two kitchens.
The most recent version of the “New York Standards
and Specifications for Erosion and Sediment Control" manual, commonly
known as the "Blue Book."
[Added 3-28-2007 by L.L. No. 1-2007]
A way of departing from or entering into a building or structure,
including doorways, passageways, hallways, corridors, stairways, ramps,
fire escapes and other spaces necessary for ingress or egress.
[Amended 10-23-1996 by L.L. No.
12-1996]
It shall be presumptive evidence that four or
more persons living in a single dwelling unit who are not related
by blood, marriage or legal adoption do not constitute the functional
equivalent of a traditional family.
In determining whether individuals are living
together as the functional equivalent of a traditional family, the
following criteria must be present:
The group is one which in theory, size, appearance,
structure and function resembles a traditional family unit which may
include bona fide domestic servants employed at the premises on a
full-time basis;
The occupants must share the entire dwelling,
unit and live and cook together as a single housekeeping unit. A unit
in which the various occupants act as separate roomers may not be
deemed to be occupied by the functional equivalent of a traditional
family;
The group (excluding bona fide domestic servants)
shares expenses for food, rent or ownership costs, utilities and other
household expenses;
The premises are being occupied in strict accordance
with all applicable health, safety and fire codes.
The group is permanent and stable. Evidence
of such permanency and stability may include:
The presence of minor dependent children regularly
residing in the household who are enrolled in local schools;
Members of the household have the same address
for purposes of voter's registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the
area;
The household has been living together as a
unit for a year or more whether in the current dwelling unit or other
dwelling units;
Common ownership of furniture and appliances
among the members of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
A commercial endeavor in which a vessel, or seaplane, is
used to transport passengers and/or goods from one specific destination
point to another and which requires docking/loading facilities, a
terminal, a crew, and maintains a set schedule.
[Added 4-25-2001 by L.L. No. 7-2001]
The interior portion of a building, measured from the exterior
of the outside wall to the exterior of the opposite outside wall,
including all principal use space, but not including cellars.
The total floor area of all buildings on the lot divided
by the total lot area.
The face parallel to the road or drive and which contains
the main access to the building. If the main entrance is not located
in such face, the Code Official may designate which face of the structure
is the front.
PRIVATE GARAGEAn accessory building or part of a main building used mainly for the storage of motor vehicles, for occupants of the building, as an accessory use.
PUBLIC GARAGEA building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for remuneration, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire; also known as a "filling station" or "motor vehicle repair shop."
The elevation of the center line of the street as officially
established by state, county, town or Village authorities.
The elevation of completed surface of lawns, walks and roads
as shown on an approved site plan.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 3-28-2007 by L.L. No. 1-2007]
The number of square feet of horizontal surface not covered
by the principal building and accessory buildings. All measurements
shall be made between exterior faces of walls, foundations, piers
or other means of support above or below the ground level.
The "height of a building" is measured from the location
established for each use district to the highest level of the roof,
excluding elevator shafts, enclosures of mechanical equipment, parapets
or stairs in commercial and industrial zones.
Includes a sanatorium, clinic/rest home, nursing home, convalescent
home and any other place for the diagnosis, treatment or other care
of ailments on an overnight basis and shall not be permitted in the
Village. It does not include a day facility such as a center, clinic,
medical group or other use which is permitted in commercial service
district with a special use permit.
A building or buildings in which lodgings are provided for
persons primarily transient and are offered to the public for compensation
and in which ingress and egress to and from all rooms is made through
an inside lobby or office, supervised by a person in charge at all
times. A "hotel" may include an accessory restaurant or coffee shop
or other facilities primarily for the services of hotel guests. Other
transient facilities, such as a boatel, motel, motor court, tourist
home or other similar use, are included under this term and not permitted
under this chapter.
Any vessel in fact used for residential purposes.
[Added 4-25-2001 by L.L. No. 7-2001]
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
[Added 3-28-2007 by L.L. No. 1-2007]
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
[Added 3-28-2007 by L.L. No. 1-2007]
The process of percolating stormwater into the subsoil.
[Added 3-28-2007 by L.L. No. 1-2007]
A parcel of land not traversed by a street or right-of-way.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Added 3-28-2007 by L.L. No. 1-2007]
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
[Added 3-28-2007 by L.L. No. 1-2007]
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
[Added 3-28-2007 by L.L. No. 1-2007]
Any boundary line of a lot.
The dividing line between the lot and the street.
All horizontal space within the inside of exterior or party
walls of the dwelling, exclusive of garages, cellars, heater rooms
and crawl space, open or unheated porches and breezeways, but including
the area of all heated livable rooms, kitchens and bathrooms, and
the area of all attic space having a clear height of at least 5 1/2
feet from finished floor level to pitch of roof rafter and seven feet
nine inches from finished floor level to ceiling level over 50% of
the area of such attic space shall also be considered and called "habitable
space."
Any off-street space available for the loading or unloading
of goods, not less than 14 feet wide and 35 feet long, having direct
usable access to a street, except that where one such "loading space"
has been provided, any additional "loading space" lying alongside,
contiguous to and not separated from such first "loading space" need
not be wider than 12 feet.
The local program as approved by the New York State Secretary
of State pursuant to the Waterfront Revitalization (and Coastal Resources)
of Coastal Areas and Inland Waterways Act of 1981 (WRCRA) 1986, as
amended (Executive Law Article 42).
[Added 4-25-2001 by L.L. No. 7-2001]
A parcel of land, separately bounded, whether vacant or occupied
or to be occupied by a building and its accessory building, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated
and having street frontage on an improved and dedicated public street
equal to the minimum lot width requirements. A lot or lots must be
duly recorded.
[Amended 3-23-1988 by L.L. No. 2-1988]
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets.
INTERIOR LOTA lot other than a corner lot.
LOT AREAThe total horizontal area included within lot lines.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT WIDTHThe minimum width of a lot, measured perpendicular to the depth of the lot at the minimum zoning setback line established for the district.
REAR LOT LINEThe lot line 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 a lot, and farthest from the front lot line.
LOT COVERAGESame as "building coverage."
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 3-28-2007 by L.L. No. 1-2007]
Shall have the same definition ascribed to "marijuana" in
§ 3302 of the New York Public Health Law.
[Added 4-17-2019 by L.L.
No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
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 4-17-2019 by L.L.
No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
A building, structure or premises engaged in the sale, use
or distribution of marijuana and/or marijuana products for nonmedical
use. A building, structure or premises shall be considered a marijuana
retail store regardless of whether products in addition to marijuana
products are offered for sale, use or distribution at the building,
structure or premises and regardless of the amount of marijuana or
marijuana products available for sale, use or distribution at the
building, structure or premises in comparison to other products offered
for sale, use or distribution at the building, structure or premises.
[Added 4-17-2019 by L.L.
No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
A dock or a commercial mooring area, operated for profit
and to which public patronage is invited, providing mooring or docking
facilities for boats or vessels within the area of the Village of
Manorhaven.
[Added 4-25-2001 by L.L. No. 7-2001]
A use permitted by § 155-18 in the Commercial Marine (C-1) District.
[Added 4-25-2001 by L.L. No. 7-2001]
A use that conserves natural resources and open space in
order to provide opportunities for public enjoyment of and education
about natural resources.
[Added 4-25-2001 by L.L. No. 7-2001]
A use that provides recreational opportunities on lands owned
by the government or a not-for-profit corporation, the primary benefit
being for the public.
[Added 4-25-2001 by L.L. No. 7-2001]
The mean calculated from the average of the yearly high tides.
[Added 6-26-2002 by L.L. No. 3-2002]
Shall have the same definition ascribed to medical marihuana
in § 3360 of the New York Public Health Law.
[Added 4-17-2019 by L.L.
No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
A building, structure or premises authorized by the New York
State Department of Health to dispense or distribute medical marijuana
in accordance with Article 33 of the Public Health Law and Part 1004
of Title 10 of the New York Codes, Rules and Regulations.
[Added 4-17-2019 by L.L.
No. 3-2019; amended 2-27-2020 by L.L. No. 3-2020]
An intermediate floor between the floor and ceiling of any
space that is completely open on at least one side, which provides
adequate visibility at its widest side and which does not exceed more
than 1/3 of the floor area of the space wherein the "mezzanine" is
located.
A building which has a permitted nonresidential use on the
street level and the residential use of the level(s) above.
[Added 3-23-2005 by L.L. No. 1-2005]
The attachment of a vessel to a pier or dock or other structure
or the attachment to the ground or lands underwater by means of tackle
so designed that, when such attachment is terminated, some portion
of the tackle remains below the surface of the water and is not under
the control of the vessel or its operator.
[Added 4-25-2001 by L.L. No. 7-2001]
A waterway having a depth of at least 4 feet at mean low
water as defined by the Nassau County Datum Plane.
[Added 4-25-2001 by L.L. No. 7-2001]
Use of a building or land which does not conform to the regulations
as to use for the district in which it is situated established prior
to the adoption of this chapter.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
[Added 3-28-2007 by L.L. No. 1-2007]
A notification, in writing, delivered in person to the individual
or to the parties intended or delivered at or sent by registered or
certified mail to the last known business or home address of the person
or persons to be notified.
As applied to a building or premises, this term shall be
construed as though followed by the words "or intended, arranged or
designed to be occupied."
A building designed and intended to be used for any type
of commercial office use for service occupations.
An area of land or water or a combination of land and water
on which no principal building or accessory structure building exists,
except that "open space" may contain underground structures and improvements
related to a primary use or principal use, such as patios, driveways,
walks and other features.
An aisle, exclusive of parking space or storage space.
A space which has a width of 10 feet and depth of 20 feet
and which is directly accessible and available for the parking of
one vehicle from a parking aisle or equivalent access or turning area.
It does not include the area to be used for boat or other storage
space, except as specifically provided in this chapter.
An enclosed common area for pedestrian and decorative use,
no portion of which shall be used or occupied for sales or business
purposes, not including a kiosk.
The in-water boundary of an area consisting of a series of
connected lines on a plan, map, other diagram or chart drawn generally
perpendicular and parallel to the shore and that encompasses all related
marine structures (dock, bulkheads, pilings, piers, platforms or moorings)
that function together to create an area at which vessels may be docked
and is a component of an adjacent upland facility or use. Each perimeter
will contain a fairway for access purposes to a marine commercial
use or marine recreational use. The fairway will be a fifteen-foot
buffer area on either side of the dock perimeter line. "Dock perimeter"
is the same as perimeter.
[Added 4-25-2001 by L.L. No. 7-2001]
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 3-28-2007 by L.L. No. 1-2007]
An individual or grouping of poles or posts, secured to underwater
land, protruding above the water surface, the sole purpose of which
is to secure a dock(s), floating docks or other such structure(s)
and vessels. The pile or spile should be considered ancillary to the
structure(s).
[Added 4-25-2001 by L.L. No. 7-2001]
A horizontal surface structure which extends out from land
adjacent to a waterway and cantilevered or held in place by pilings,
designed to gain access to a ramp or float.
[Added 4-25-2001 by L.L. No. 7-2001]
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
[Added 3-28-2007 by L.L. No. 1-2007]
Land development activity.
[Added 3-28-2007 by L.L. No. 1-2007]
A physical link between a publicly owned roadway or land
and an area adjacent to the shore, as well as access along the shore.
Public access facilities include, but are not limited to, shoreline
walkways, boat ramps and dock facilities. Public access to coastal
lands and water shall be achieved if one or more of the following
levels of public access is provided:
[Added 4-25-2001 by L.L. No. 7-2001]
A structure used to gain access from a bulkhead, fixed dock
or platform to a float.
[Added 4-25-2001 by L.L. No. 7-2001]
The replenishment of underground water reserves.
[Added 3-28-2007 by L.L. No. 1-2007]
A commercial research use establishment for the design, testing
and engineering of products, services and methods, but not for the
production of goods or products for sale, and not including the testing
of animals.
A building or portion thereof used for the preparation and
sale of food for consumption within such building under permit from
the County Health Department.
A sloped structure, usually made of stones, built parallel
to the shoreline to protect existing land or newly created embankments
against erosion by wave action, currents or weather.
[Added 4-25-2001 by L.L. No. 7-2001]
Land over which persons other than the owner have access
or passage by foot or vehicle.
A structure or dwelling unit or portion thereof used for
transient lodgers or for rental of individual rooms for any period
of time to nontransients, which may also have facilities for cooking
and serving meals and otherwise conforming to the definition of a
"hotel," which is not permitted under this chapter. For these purposes,
the rental of individual rooms in a dwelling unit to separate individuals
shall constitute a "rooming or boarding house" and is prohibited under
the Zoning Code.
[Amended 2-28-1996 by L.L. No. 2-1996]
Measures that prevent eroded sediment from leaving the site.
[Added 3-28-2007 by L.L. No. 1-2007]
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
[Added 3-28-2007 by L.L. No. 1-2007]
Any device or representation for visual communication used
as or which is in the nature of an advertisement, announcement or
direction, including any letter, word, model, banner, pennant, insignia
or trade flag, but excluding any traffic control devices. It applies
to such communication freestanding, affixed or attached to or painted
or represented on a structure.
The berthing place for a single vessel alongside the shore,
dock or structural installation.
[Added 4-25-2001 by L.L. No. 7-2001]
An entity established pursuant to the provisions of the Not-For-Profit
Corporation Law or other similar law which is the owner, lessee or
occupant of an establishment operated solely for a recreational, social,
patriotic, benevolent or athletic purpose, and not for pecuniary gain,
whose membership consists of persons duly admitted thereto in accordance
with its bylaws and who pay annual or commuted dues in accordance
with such bylaws, such as a noncommercial membership club.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Added 3-28-2007 by L.L. No. 1-2007]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
[Added 3-28-2007 by L.L. No. 1-2007]
The use of practices that prevent exposed soil from eroding.
[Added 3-28-2007 by L.L. No. 1-2007]
An order issued which requires that all construction activity
on a site be stopped.
[Added 3-28-2007 by L.L. No. 1-2007]
Rainwater, surface runoff; snowmelt and drainage.
[Added 3-28-2007 by L.L. No. 1-2007]
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
[Added 3-28-2007 by L.L. No. 1-2007]
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
[Added 3-28-2007 by L.L. No. 1-2007]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 3-28-2007 by L.L. No. 1-2007]
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
[Added 3-28-2007 by L.L. No. 1-2007]
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
[Added 3-28-2007 by L.L. No. 1-2007]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 3-28-2007 by L.L. No. 1-2007]
Flow on the surface of the ground resulting from precipitation.
[Added 3-28-2007 by L.L. No. 1-2007]
The portion of a building included between the surface of
any floor, except the mezzanine or cellar, and the surface of the
floor next above it or, if there is no floor above it, the underside
of the ceiling or roof surface directly above it. A basement shall
be counted as a "story." No basement space shall be used for any principal
use purposes unless the height thereof, from finished floor to ceiling,
is at least seven feet six inches, and at least five feet thereof
is above the average level of the adjacent ground, and unless the
window area thereof equals at least 10% of the floor area of such
space so used. Such noncomplying space shall be considered a cellar
in which no principal use is permitted.
A public thoroughfare, however designated, which affords
the principal means of access to abutting property or buildings.
Anything constructed or erected the use of which
requires location on the ground or attachment to something having
location on the ground, including a tent, solar panel, stand, platform,
tower, antenna, tank, bin, well, gate or other form of bulk space.
Anything affixed to or placed upon the Manhasset
Bay bottom, including, but not limited to, a pier, wharf, dock, bulkhead,
jetty or groin.
[Added 4-25-2001 by L.L. No. 7-2001]
Lakes, bays, sounds ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
[Added 3-28-2007 by L.L. No. 1-2007]
A paved yard area, exclusive of driveways, driveway aprons
and walks.
Bottom lands of Manhasset Bay and its inlets and coves falling
below the mean high tide line.
[Added 6-26-2002 by L.L. No. 3-2002]
Lands above the mean high tide line.
[Added 6-26-2002 by L.L. No. 3-2002]
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 3-28-2007 by L.L. No. 1-2007]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 3-28-2007 by L.L. No. 1-2007]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use nor negate the need for a permit for
such use.
A motor-driven vehicle designed or used for commercial purposes,
including the transportation of goods, wares or merchandise or passengers
for hire.
Every description of watercraft, floating boat or other floating
object used or capable of being used as a means of transportation
over the water, other than an aid to navigation or mooring buoy.
[Added 4-25-2001 by L.L. No. 7-2001]
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 3-28-2007 by L.L. No. 1-2007]
An activity or use requiring direct access to water which
can be conducted only on, in, over or adjacent to Village waterways,
which involves, as an integral part of the such activity, the use
of waterways, and which therefore cannot be located inland.
[Added 4-25-2001 by L.L. No. 7-2001]
Any structure in, on or over the waterway utilized primarily
in connection with a water-dependent use.
[Added 4-25-2001 by L.L. No. 7-2001]
A use that does not require a location on or adjacent to
coastal waters to function, but whose location on the waterfront could
add to public enjoyment and use of the water's edge, if properly designed
and sited. Water enhanced uses are generally of a recreational, cultural,
commercial or retail nature.
[Added 4-25-2001 by L.L. No. 7-2001]
A waterborne vessel, requiring a driver, which transports
passengers, upon request and for a fare, from a pick-up point to a
destination, both of which are identified by the passengers. The vessel
is subject to Coast Guard certification.
[Added 4-25-2001 by L.L. No. 7-2001]
All waters within the geographical limits of the Village
of Manorhaven or otherwise subject to its jurisdiction.
[Added 4-25-2001 by L.L. No. 7-2001]
The Committee established under Chapter 151 of this Code.
[Added 4-25-2001 by L.L. No. 7-2001]
An open space on the same lot with a building or a group
of buildings, which open space lies between the buildings or group
of buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as provided in this chapter. In measuring
a "yard," the line of a building shall mean a line parallel to the
nearest lot line, drawn through the point of a building or the point
of a group of buildings nearest to such lot line (exclusive of the
respective features specified in this chapter as not to be considered
in measuring yard dimensions or as being permitted to extend into
any front, side or rear yard, respectively) and the measurement shall
be taken at right angles from the line of the building to the nearest
lot line.
FRONT YARDA yard extending across the full width of the lot and lying between the front property line and the nearest line of the building.
REAR YARDA yard extending across the full width of the lot and lying between the rear property line of the lot and the nearest line of the building.
SIDE YARDA yard between the side line of the lot and the nearest line of the building and extending from the front lot line to the rear lot.
