[Amended 8-8-2005 by L.L. No. 1-2005; 10-10-2006 by L.L. No. 2-2006; 1-14-2008 by L.L. No. 1-2008; 8-10-2015 by L.L. No. 2-2015; 6-13-2016 by L.L. No. 2-2016; 8-10-2020 by L.L. No. 2-2021; 9-9-2024 by L.L. No. 5-2024]
Words which are not defined herein shall have their common and customary meaning. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
A continuous area, open to a street, to a covered plaza or to a pedestrian mall/plaza, which is open and unobstructed to a height of not less than 15 feet and is accessible to the public at all times. Planting, landscaping, ornamental fountains, statuary, street furniture, kiosks, works of art, light wells and other features may be permitted in a portion of pedestrian space but not in such a manner as to impede pedestrian movement.
A vertical opening penetrating through one or more floors to create an open effect within a building.
Space between the top of the uppermost floor construction and the underside of the roof.
A platform projecting from and attached at least to one wall of a building, above the first floor level, enclosed on all unattached sides by guard rails or other low walls and not accessible by any staircase.
The computed elevation to which floodwater is anticipated to rise during the base flood. Base flood elevations (BFEs) are shown on Flood Insurance Rate Maps (FIRMs) and on the flood profiles.
A structure consisting primarily of earth or earthen materials intended for defense, security, enclosure or screening purposes.
A structure which is wholly or partially enclosed within exterior or party walls and a roof, capable of affording shelter to people and things for the indoor conduct of a use or uses.
The aggregate of the maximum horizontal cross sections of the building(s) on a lot.
The Building Department of the Village of Atlantic Beach or any agent or officer of such Department entrusted with the regulation, control and supervision of all matters pertaining to buildings and structures of any nature and their appurtenances and zoning in the Village of Atlantic Beach.
The area of a building measured from the exterior surface of the exterior walls at grade level, exclusive of cantilevered portions of buildings and temporary structures. Where a building is elevated above grade level, the building footprint is the area the building would cover if it were located at ground level.
The Building Inspector of the Village of Atlantic Beach, or any person appointed to act as such for the purpose of this chapter by the Board of Trustees.
The measurement of the diameter of a tree taken at a specific point above ground level or as near that point as possible.
Transplantable trees having less than a four-inch caliper shall be measured six inches above the ground.
Transplantable trees having a four- to twelve-inch caliper shall be measured 12 inches above the ground.
Nontransplantable trees having a caliper of 12 inches or more shall be measured 4 1/2 feet above the ground.
A detached building designed or used exclusively to provide for changing, bathing or use with a swimming pool as distinguished from living quarters.
An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports.
The Department of Health of the County of Nassau, and any other Health Board or Department established pursuant to the Laws of the State of New York and entrusted with the regulation, control and supervision of matters pertaining to and affecting the public health of the Village of Atlantic Beach.
The Department of Police of the County of Nassau.
The mean distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
Whenever reference is made in terms or substance to the "effective date of this chapter," it shall mean April 7, 2003.
Consists of one or more persons, whether or not related to each other by blood, marriage or adoption, all of whom live and cohabit together as a single, stable and bona fide housekeeping unit, provided that such persons together occupy and own, lease or rent the whole of the building or dwelling unit (and, if such exists, a separate accessory building or dwelling unit) in a family- like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common. Any such number of persons shall not be deemed to constitute a “family” if any one of such persons may not have lawful access to all parts of the principal building or separate building or dwelling unit or if any one or more of such persons lease or rent any portion of such principal building and/or separate accessorial building or dwelling unit from any other person.
May consist of either woven wire, woven wood, picket, board, plastic or a cultivated or natural growth of shrubs or trees.
The sum, in square feet, of the areas of all floors of a building or buildings, measured horizontally in a plane to the exterior faces of perimeter walls or from the center line of walls separating buildings. Included are the areas of cellars, basements, interior balconies and mezzanines, enclosed porches, partitions, columns, stairwells, elevator shafts, duct shafts, elevator rooms, pipe spaces, mechanical penthouses, the floor area of accessory buildings and structures, mechanical rooms, spaces having headroom of less than six feet, balconies projecting beyond exterior walls, covered terraces, covered walkways, covered porches and similar spaces.
All dwellings and structures shall have continuous masonry walls, except breakaway walls shall be permitted.
Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management.
The required open space extending from the front wall of a building to the street line of any street on which the lot abuts.
The finished grade level adjoining a building or structure at all exterior walls. This shall not include seasonal grading.
The lowest story entirely above the level of the ground in front of the building.
The vertical distance measured from the crown of the road to the highest point or level of a building for construction that does not exceed 50% of the replacement value of the structure before construction.
The vertical distance measured from the base flood elevation, including freeboard, for the property's flood zone to the highest point or level of a building for substantial construction that exceeds 50% of the replacement value of the existing structure before construction and new construction.
For the purposes of this definition, a gable, hip or gambrel roof shall be a roof with a slope of at least four feet vertically for every 12 feet horizontally. In the event of a dispute as to the type of roof on a building, the Building Inspector shall determine which of the specified roof types is most closely similar. Roof slopes less than four feet vertically for every 12 feet horizontally shall be considered a flat roof.
Every space of at least 50 square feet in a building which is intended, arranged or designed for the preparation or the cooking or warming of food; or containing an integrated cooking, warming and/or food-preparation facility. The term "integrated" shall mean any combination of sink, refrigerator, range or oven.
Refers to the land, exclusive of the street areas, upon which a building and its accessories are situated or upon which a use is conducted.
The area of a lot on which a building and its accessories are located, provided that the area shall be measured to the street line only.
The percentage of ground area on a lot which is covered by structures, both principal and accessory, and not including paved areas.
A lot extending from one street through to another street. Where a lot extends through from street to street, the applicable front yard and distance from street regulations shall apply on both street frontages, both street right-of-way lines shall constitute front lot lines, and neither street right-of-way line shall constitute a rear lot line.
A one-family house or residence constructed or altered to include a second kitchen for the sole use by the children or parents of the fee resident owner of said one-family home or residence.
Equipment or devices powered by internal combustion, hydraulics, pneumatics, electricity or mechanical means.
A housing unit, containing a single kitchen, in which members of a family all live and cook together as a single housekeeping unit.
One where there are open spaces of a least the same size as and between each of the pickets, slats or other material used in its construction.
Includes the land and all buildings and structures thereon.
A building used for the storage of not more than two noncommercial automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.
The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
The required open space extending along the side lot line from the front property line to the rear property line.
Includes every kind of billboard, signboard and other shape or device or display, arranged, intended, designed or used as an advertisement, announcement or direction, including any text symbols, marks, letters or figures painted on or incorporated in the composition or the exterior surface of a building or structure.
A building, designed for and occupied exclusively as a home or residence for not more than one family, containing a single kitchen, in which members of a family all live and cook together as a single housekeeping unit. Such a building shall not contain separate or segregated internal partitions or locked internal doors barring access between portions of the dwelling, including bedrooms.
A structure without plumbing services and used only for the storage of items customarily incidental to the principal use and located separately on the same plot with such principal use.
The dividing line between the street and a lot.
Any combination of materials, other than a building, constructed or erected on, above or below the surface of the ground, including but not limited to fences, walls, swimming pools, tennis and sports courts.
Any outdoor structure, tank or excavation or hot tub used outdoors, intended or used for the purpose of bathing or swimming by a resident of the Village of Atlantic Beach, the members of his/hers household and guests, and located on a lot as an accessory use to a residence, apartment, house owner or lessee, condominium owner, beach or cabana club owner, operator or lessee cooperative apartment building, used by patrons, members, tenants, guests, visitors, friends, relatives or residents of such apartment house, cooperative apartment building, condominium or beach or cabana club, which swimming pool or hot tub is located on a lot of such cooperative apartment building, apartment house, condominium, common or private land, beach or cabana club.
Platforms, reviewing stands, tents and other structures erected to serve temporary purposes.
A row dwelling consisting of one-family dwelling units for families living independently of another family, with individual access to utility services, separated from other units by a party wall and intended to be held in single and separate ownership from adjoining units.
Any vehicle designed or equipped to be used, or used, for living, sleeping or eating and designed to move from place to place on wheels and to be propelled by its own power or drawn or propelled by another vehicle.
An architectural structure usually made from an open framework or lattice of interwoven or intersecting pieces of wood, or other similar materials, in which its sides are open.
One where the main eaves are below the mid height of the third story.
A building designed for and occupied exclusively as a home or residence for two families.
Any building where an area on the second floor is equal to 75% of the area of the first floor.
The mean width measured at right angles to its depth.