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.
[Added 8-10-2020 by L.L. No. 2-2021]
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.
[Added 6-13-2016 by L.L.
No. 2-2016]
A structure consisting primarily of earth or earthen materials
intended for defense, security, enclosure or screening purposes.
[Added 8-10-2020 by L.L. No. 2-2021]
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.
[Added 8-10-2015 by L.L.
No. 2-2015]
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.
[Added 8-10-2020 by L.L. No. 2-2021]
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers, or other independent
supports.
[Added 10-10-2006 by L.L. No. 2-2006]
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.
[Amended 8-8-2005 by L.L. No. 1-2005]
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.
[Amended 1-14-2008 by L.L. No. 1-2008]
All dwellings and structures shall have continuous masonry
walls, except breakaway walls shall be permitted.
[Added 8-10-2015 by L.L.
No. 2-2015]
Freeboard is a factor of safety usually expressed in feet
above a flood level for purposes of floodplain management.
[Added 6-13-2016 by L.L.
No. 2-2016]
The required open space extending from the front wall of
a building to the street line of any street on which the lot abuts.
[Amended 6-13-2016 by L.L. No. 2-2016]
The finished grade level adjoining a building or structure
at all exterior walls. This shall not include seasonal grading.
[Added 10-10-2006 by L.L. No. 2-2006]
The lowest story entirely above the level of the ground in
front of the building.
[Amended 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]
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.
[Added 10-10-2006 by L.L. No. 2-2006]
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.
[Added 8-8-2005 by L.L. No. 1-2005]
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.
[Amended 8-10-2020 by L.L. No. 2-2021]
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.
[Amended 8-8-2005 by L.L. No. 1-2005]
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.
[Added 8-10-2020 by L.L. No. 2-2021]
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.
[Amended 8-10-2015 by L.L. No. 2-2015]
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.
[Added 8-10-2020 by L.L. No. 2-2021]
Platforms, reviewing stands, tents and other structures erected
to serve temporary purposes.
[Added 10-10-2006 by L.L. No. 2-2006]
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.
[Added 8-10-2020 by L.L. No. 2-2021]
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.
Words used in the singular number include the
plural, and vice versa; and the word "building" includes the word
"structure"; "lot" includes the word "plot"; the word "shall" is always
mandatory.
