Words in this chapter are defined for the purpose
thereof as follows: words used in the present tense include the future;
the singular number includes the plural, and the plural the singular;
the word "lot" includes the word "plot"; the word "building" includes
the word "structure"; the word "shall" is always mandatory.
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A building of any kind which is designed for and is used
or intended to be used or occupied as a residence by three or more
families or households living independently of each other.
[Amended 1-13-2003 by L.L. No. 1-2003]
A building consisting of a series of noncommunicating one-
or two-family sections having a common wall between each two adjacent
sections.
A building and premises where the business carried on is
the sale of gasoline, oil and accessories for automobiles, the servicing
or washing of automobiles and including only minor and incidental
repair work.
The portion of a building that is partly or completely below
grade plane. A basement shall be considered as a story above grade
plane where the finished surface of the floor above the basement is:
[Amended 1-13-2003 by L.L. No. 1-2003]
A dwelling, dwelling unit, facility, or part thereof, in
which, for compensation, lodging and meals are provided and personal,
financial or other services may be offered. The term "boardinghouse"
shall not include a hotel or motel, hospital, nursing home, skilled
nursing facility, senior-care housing facility or dormitory otherwise
permitted pursuant to this chapter.
[Added 6-24-2013 by L.L. No. 3-2013]
Any structure occupied or intended for supporting or sheltering
any occupancy that either stands alone or is completely separated
from adjoining structures or firewalls.
[Added 1-13-2003 by L.L. No. 1-2003;
amended 10-27-2003 by L.L. No. 10-2003]
The total of areas taken on a horizontal plane at the main
grade level of the principal building, and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
Any structure occupied or intended for supporting or sheltering
any occupancy that stands alone on a single and separately owned tax
lot or lots, and where all four sides are not contiguous to any adjoining
building or buildings.
[Added 10-27-2003 by L.L. No. 10-2003]
The vertical distance measured from the mean natural grade
at the base elevation of the structure to the highest point of the
roof for flat roofs, to the deckline of mansard roofs, and to the
highest point of the roof for gable, hip and gambrel roofs. In buildings
with flat roofs, parapet walls shall not exceed three feet in overall
height above the highest point of the flat roof. Where an ornamental
parapet in a building with a flat roof is proposed, the maximum distance
from the highest point of the roof deck to the top of the ornamental
parapet shall not exceed three feet. The ornamental parapet shall
not constitute an extension of the roof or be considered to be part
of the height of the building. Ornamental details and design elements,
not exceeding a total of 10% of the linear footage of the parapet,
may extend not more than five feet above the flat roof, but the architectural
detail allowed on any one side of the roofline may not exceed 20%
of the total linear footage of that side of the roofline.
[Amended 1-13-2003 by L.L. No. 1-2003; 10-27-2003 by L.L. No.
10-2003; 11-14-2005 by L.L. No. 7-2005; 3-1-2011 by L.L. No. 5-2011[1]; 4-4-2016 by L.L. No.
3-2016]
Chimneys, exterior fire exits, mechanical equipment, antennas, bulkheads and similar construction-enclosing equipment and stairs, and similar appurtenances are excluded from roof height calculations. The reviewing board, in connection with site plan or exterior design review, may impose restrictions for the architectural appearance of these appurtenances and/or ornamental designs, in accordance with § 330-15A(7) of Chapter 330 of the Code of the Village of Rockville Centre.
Definitions of terms in "building height"”
definition:
|
GABLE
|
—
|
A double sloping roof that forms a gable at
each end.
| |
|
GAMBREL ROOF
|
—
|
A two-sided roof with a double slope on each
side, the lower slope having a steeper pitch.
| |
|
HIP
|
—
|
A gable roof with ends brought together at the
same pitch as the rest of the roof.
| |
|
MANSARD
|
—
|
A roof having two slopes on all sides, with
the lower slope steeper than the upper.
|
Any commercial room, place or space wherein musical entertainment,
singing, dancing in a designated area or other form of amusement or
entertainment is permitted in conjunction with the sale or service
of food or drink. The term "cabaret" does not include a theater, or
establishments providing musical entertainment by mechanical means
without dancing or by live performance and/or not more than three
musical instruments without any means of electrical or electronic
amplification connected directly thereto. The term "cabaret" may include
a nightclub. In distinguishing between a restaurant and cabaret, as
defined in this chapter, such factors as the extent to which food
is served on the premises, the extent to which there is dancing or
entertainment on the premises, and whether an admission, minimum or
cover fee is charged shall be considered.
[Added 7-9-2007 by L.L. No. 2-2007]
[Added 8-11-1980 by L.L. No. 7-1980]
Any game involving an element of skill or chance
which is caused to operate or may be operated as a result of the insertion
of any piece of money or coin or the insertion of any object for which
a fee, charge or other consideration is imposed directly or indirectly.
Any machine or apparatus, whether manually,
mechanically, electrically or otherwise operated, and whether or not
affixed or attached to or installed in any premises or place, in or
upon which machine or apparatus a game involving any element of chance,
skill or knowledge may be played by one or more persons, singly or
collectively, upon the payment of a fee, charge or other consideration
directly or indirectly.
Any machine or apparatus of the type, design,
class or construction commonly known as "cue ball," "Skee-Ball," "game
of knowledge" or other similar games which are played upon payment
of a fee, charge or other consideration directly or indirectly.
The officially established grade of the top of the curb in
front of the midpoint of the lot. Where a lot faces on more than one
street, the curb level is the average of the levels of the curbs at
the center of each front.
The mean distance from the street line of a lot to the rear
line measured in the general direction of the side lines of the lot.
A family 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 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.
It shall be presumed that a separate building
or dwelling unit does not constitute a single household if (i) it
is occupied by four or more persons who are not related by blood,
marriage or legal adoption, or (ii) any two or more of the following
features may be found to exist by the Superintendent of the Building
Department or other person designated by the Mayor and Board of Trustees
to enforce this chapter: more than one mailbox, mail slot or post
office address; more than one doorbell or doorway at the same location;
more than one electric meter; more than one gas meter; separate entrances
for particular portions of the separate building or dwelling unit
or residents thereof; separate or segregated partitions or locked
internal doors barring access between portions of the separate building
or dwelling unit, including bedrooms; separate written leases, oral
rental agreements or the payment of rent or the absence of a certificate
of occupancy for portions of the separate building or dwelling unit
by or between residents of the separate building or dwelling unit;
or two or more kitchens containing a range or oven, refrigerator and
sink. The aforesaid presumption shall not prevail if it is otherwise
proven by evidence presented to the Superintendent that the separate
building or dwelling unit is an integral part of a single household;
further, a determination may be made by said Superintendent, based
on facts other than those set forth above, that the separate building
or dwelling unit does not constitute part of a single household.
After consideration of the following factors,
the Superintendent may also conclude that four or more persons unrelated
by blood, marriage or adoption do not constitute a "family" as defined
in this section:
Whether the household has permanency and stability
akin to that of a traditional family structure;
The length of stay together among the occupants
in the current dwelling unit or other dwelling units;
The presence of minor, dependent children regularly
residing in the household;
The presence of one individual acting as head
of household;
Proof of sharing expenses for food, rent or
ownership costs, utilities and other household expenses;
Common ownership of furniture and appliances
among the members of the household;
Whether the household is a temporary living
arrangement or a framework for transient living;
Whether the composition of the household changes
from year to year, or within the year, or in relation to the seasons
or the academic year of any academic institution;
The length of time for which the household has
legally authorized occupancy, and whether prior or subsequent occupancies
have legal authorization for similar dates or lengths of time;
The frequency with which persons join or depart
as members of the household;
The extent to which members of the household
resided together in a single household prior to commencing residency
at this location, and the likelihood that members of the household
will continue to reside together after terminating residency at this
location;
Whether members of the household have the same
address for purposes of voter registrations, motor vehicle operator
licenses, motor vehicle registrations, and/or filing of tax returns;
Any other factor reasonably related to whether
or not the group of persons is the functional equivalent of a family.
The Superintendent of the Building Department or other person designated by the Mayor and Board of Trustees to enforce this chapter shall make the primary determination as to the application of this definition of household for the purposes of compliance with any provisions of this chapter, or of Chapters 225 and/or 340 of the Code of the Village, or the New York State Building Code or the Multiple Dwelling Law, based upon inspection of the premises and information received from the residents thereof or any other persons or documentary or other written evidence as to the condition of the premises or the relationship of the residents of the separate building or dwelling unit and their living arrangements. Such determination shall be presumed to be correct and final subject to review of or appeal to the Board of Appeals and judicial review as provided by law, and it is further provided that if any one or more of the foregoing provisions shall be determined to be unconstitutional, it shall not affect the constitutionality of the remaining provisions.
An eating establishment, excluding bakeries and delicatessens,
that provides quickly prepared or prepared foods without table service
by waiters/waitresses for consumption on the premises or for takeout.
A fast-food establishment shall not be construed to mean an establishment
that primarily dispenses alcoholic beverages.
[Added 6-23-1997 by L.L. No. 2-1997]
Floor area ratio is the ratio of the total floor area of
all buildings on a lot or parcel to the total lot area of the lot
or parcel on which such buildings are situated. Attics, cellars, attached
or detached garages and other accessory structures shall not be included
in the calculation of total floor area.
[Added 3-1-2011 by L.L. No. 5-2011; amended 6-7-2011 by L.L. No.
10-2011]
Any structure occupied or intended for supporting or sheltering
any occupancy that stands alone on a single and separately owned tax
lot or lots.
[Added 1-13-2003 by L.L. No. 1-2003]
An open, unoccupied space on the same lot and extending from
the street wall of the building to the street line of the lot for
the full width of the lot. Where an interior lot faces two streets,
a front yard shall be maintained on each street frontage.
All or any part of any building, structure, room or place
of assembly, within which is located more than three pinball machines
or coin-operated devices as described in this article.
[Added 8-11-1980 by L.L. No. 7-1980]
An open lot or open area which serves in whole or part as
a parking area for buildings or uses not on the same lot or which
serves as a parking area for the general public and is not specifically
related to any particular building or use.
[Added 10-25-2004 by L.L. No. 7-2004]
The sleeping unit provided by a hotel or motel. Within the
sleeping unit, there may also be a living and/or kitchenette space.
[Added 12-2-1998 by L.L. No. 4-1998]
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
[Amended 10-27-2003 by L.L. No. 10-2003]
An institution designed for the diagnosis, treatment and
care of human illness or infirmity and providing health services,
primarily for inpatients, and including as related facilities laboratories,
outpatient departments, training facilities and staff offices.
[Amended 10-27-2003 by L.L. No. 10-2003]
[Amended 12-2-1998 by L.L. No. 4-1998[3]]
A commercial facility in which all of the following
are present:
Guest rooms are used for transient occupancy
on a daily or short-term basis.
One or more common entrances serving the guest
rooms.
Provision of twenty-four-hour desk service.
Provision of one or more of the following services:
housekeeping, telephone or bellhop service, or the furnishing or laundering
of linens.
Permitted accessory uses include, but are not
limited to restaurants or other public dining facilities, bars or
lounges, banquet halls, ballrooms, convention areas and meeting rooms.
Such nonsleeping area uses will require certificates of occupancy.
Those surfaces, improvements and structures through which
rainfall, snowmelt and water cannot effectively infiltrate. Examples
of impervious cover or impervious area include, but the terms are
not limited to, building rooftops, pavement, driveways and patios.
[Added 3-1-2011 by L.L. No. 5-2011]
The making, fabrication or processing of materials, whether
they are raw or in a processed or partially processed state, by hand,
art or machine, or a combination thereof, of finished parts or products;
the process or operation of making wares or any material products
by hand, art or machinery, or by a combination thereof, or by another
agency, whether by division of labor and aid of machinery or otherwise,
involving the application of labor and skill to materials that exist
in their natural state or to materials which have been processed from
their natural state to give them a new quality or characteristic or
adapt them to new uses.
[Added 10-15-1973 by L.L. No. 3-1973]
A facility in which rental sleeping accommodations are provided
and in which meals also may be supplied as part of the rent. See "boardinghouse."
[Added 6-24-2013 by L.L. No. 3-2013]
A parcel of land occupied or designed or intended to be occupied
by a building and the accessory buildings or uses qualifiedly incident
to it, including such open spaces as are required to be used in connection
with such building. A lot may be or may not be the land shown as a
lot on a duly filed plat.
A unit for any dwelling, office or commercial use which is
factory built and factory assembled, designed for convenience after
fabrication for movement on streets and highways, on its own wheels
or on flatbed or other trailer, and arriving at the site where it
is to be occupied as a unit, complete and ready for occupancy, except
for minor and incidental unpacking and assembly operations, such as
locating on jacks or wheels or other foundation or connection to utilities.
A prefabricated structure shall not be included in the aforesaid definition.
Such definition shall not be deemed to include a mobile unit which
is temporarily used in connection with construction work within the
Village.
[Added 7-19-1976 by L.L. No. 5-1976]
[Amended 12-2-1998 by L.L. No. 4-1998[4]]
A commercial facility in which all of the following
are present:
Guest rooms used for transient occupancy on
a daily basis.
Each guest room having direct access to the
outside without the necessity of passing through a main lobby or common
entrance.
Provision of one or more of the following services:
housekeeping, telephone or bellhop service, or the furnishing or laundering
of linens.
Permitted accessory uses are a restaurant or
other public dining facility. Such nonsleeping area uses will require
certificates of occupancy.
Use of a building or structure for lawful residential occupancies
containing sleeping units for more than two dwelling units where the
occupants are permanent in nature, including apartment buildings.
Notwithstanding the foregoing, the term "multifamily use" shall not
include a boardinghouse, rooming house or lodging house.
[Added 1-13-2003 by L.L. No. 1-2003;
amended 6-24-2013 by L.L. No. 3-2013]
A commercial establishment, usually opened to the public
in the late evening or early morning hours, where alcoholic beverages
are sold and consumed on the premises and where live entertainment
and/or centrally controlled recorded performances take place, and
which may contain a stage, staging area and/or dance floor.
[Added 7-9-2007 by L.L. No. 2-2007]
A structure or land lawfully occupied for a use that does
not conform to the regulations of the district in which the premises
are situated. The word "use" does not include area, setback or building
height regulations.
The public occupancy areas provided by a hotel or motel.
These may include, but are not limited to, restaurants or other dining
facilities, bars or lounges, banquet halls, ballrooms, convention
areas, meeting rooms, gymnasiums, health clubs, swimming pools, beauty
salons and barbershops. Nonsleeping areas are used by the public on
a fee or other paid basis. Users may or may not stay in the hotel
or motel guest rooms. Each nonsleeping area will be required to obtain
a maximum occupancy permit limiting the number of allowed seats.
[Added 12-2-1998 by L.L. No. 4-1998]
An institution or place for learning, operating pursuant
to and with an exemption provided by Section 501(C)(3) of the Internal
Revenue Code, limited to nursery school or prekindergarten through
Grade 12, other than a public school, but furnishing a comprehensive
curriculum of academic instruction either similar to that of a public
school or otherwise meeting the compulsory educational requirements
of the State of New York where teaching is by New York State qualified
teachers at a site or location deemed safe and healthful for this
use by the Superintendent of the Rockville Centre Building Department
and the Nassau County Fire Inspector, and whose curriculum shall be
a progressive learning experience culminating at regularly scheduled
intervals with advancements to the next level of study or receipt
of a diploma upon graduation. This shall not include a college, day
camp, professional school or a school giving special or limited instruction
in areas of learning such as business, art, music, dance, riding,
hobbies, technology, trades, games, sports or like subjects.
[Added 9-30-2002 by L.L. No. 10-2002]
The entire area used for the parking of automobiles, including
the necessary ingress, egress, driveway and aisles.
Space available for parking an automobile other than on a
public street, exclusive of ingress, egress, driveway and aisles.
[Amended 7-13-1992 by L.L. No. 4-1992]
Where the total number of parking spaces required
to be provided does not exceed 20, all parking spaces shall be a minimum
of 20 feet by 9 feet, with driveways and aisles as per the standards
and dimensions of Charts I, II and III below.[5]
Where the total number of parking spaces required
to be provided exceeds 20, parking spaces for both large cars and
for small cars may be utilized to achieve the required spaces. The
number of parking spaces designated by the appropriate marking of
spaces and placement of informational signage for the parking of small
cars shall not exceed 30% of the number of required spaces above 20
spaces.
Any electrically operated machine upon which any game or
contest of skill, chance or amusement may be played upon payment of
a fee, charge or other consideration directly or indirectly, including
but not limited to any shooting game device in which no firearm ammunition
is used and any game, machine, apparatus, paraphernalia or device
of the type, design, class or construction commonly known as "pinball"
or "bagatelle."
[Added 8-11-1980 by L.L. No. 7-1980]
A structure used by the owner or tenant of the premise for
the storage of one or more automobiles and in which nothing of any
kind is sold and no service or repair work is done for hire.
A building occupied and used exclusively as offices for practitioners
licensed to practice and engage in the professions of medicine and
dentistry, and as offices for laboratories that are concomitant and
coincident with the practice of such professions.
Places of public assembly shall include:
A structure and/or premises where a general automobile business
is carried on, including the display or sale of automobiles or accessories,
general repair and service work on automobiles or the leasing of storage
space for automobiles, but not including the leasing of storage space
for new automobiles pending the sale thereof.
[Amended 11-3-1975 by L.L. No. 6-1975]
An institution or place for learning, limited to prekindergarten
through Grade 12, operated by a public school district under the laws
of the State of New York. This shall not include a college, day camp,
professional school or a school giving special or limited instruction
in areas of learning such as business, art, music, dance, riding,
hobbies, technology, trades, games, sports or like subjects.
[Added 9-30-2002 by L.L. No. 10-2002]
The mean distance between the rear line of the building and
the rear line of the lot.
A commercial establishment with table service, where food
and drink are prepared and served from suitable kitchen facilities
connected therewith, and consumed primarily on the premises. A restaurant
may have limited forms of musical entertainment to accompany the dining
experience. However, establishments which provide dancing and/or stage
shows, and/or other music or similar forms of entertainment, in conjunction
with dining, and/or in which the dining is accessory to the entertainment,
are not restaurants and shall be considered nightclubs or cabarets.
[Added 6-23-1997 by L.L. No. 2-1997; amended 7-9-2007 by L.L. No. 2-2007]
See "boardinghouse."
[Added 6-24-2013 by L.L. No. 3-2013]
One of the following residence or institution types:
[Added 3-29-1999 by L.L. No. 3-1999]
CONGREGATE CARE FACILITYA residential facility for persons aged 55 and older with individual dwelling units, common areas for social interaction, recreation and meals and hospitality services. Hospitality services will comprise meals in a common dining area, and may comprise recreation and social activities, and transportation services. The individual dwelling units may or may not have conventional kitchens. The facility may provide some or all of the following elements to persons aged 55 and older who may be unrelated to the operator: long-term residence, nutrition, housekeeping, personal care, recreation or social activities and supervision.
ASSISTED LIVING FACILITYA residential facility that provides a combination of housing, supportive services and personalized assistance for persons aged 55 and older needing help with activities of daily living. Such activities may include bathing, grooming and medical reminders. Meals are provided in a central location on site. The housing component may have individual dwelling units, which may or may not have conventional kitchens. The facility may provide some or all of the following elements to persons aged 55 and older who may be unrelated to the operator: long-term residence, nutrition, housekeeping, personal care, recreation or social activities and supervision.
Unless otherwise specified herein, the setback of buildings
and size of yards shall be the distance between the lot line and the
nearest exterior finished wall of the principal building, which shall
include the foundation or wall of any attached garage, open or enclosed
porch, and all other projections except window wells, chimneys, unenclosed
entrance steps, or platforms. In no event shall window wells or the
platforms of unenclosed entrance steps extend more than four feet
from the principal building; unenclosed entrance steps, as measured
to the face of the lowest riser, shall not extend more than seven
feet from the principal building.
[Amended 10-27-2003 by L.L. No. 10-2003; 3-1-2011 by L.L. No. 6-2011; 12-3-2012 by L.L. No. 3-2012]
An open, unoccupied space on the same lot between the building
and the side lot line and extending for the full depth of the building.
A detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by one family.
[Amended 10-27-2003 by L.L. No. 10-2003]
An institution or part of an institution that provides licensed,
skilled, full-time nursing care and related services for patients
who require medical, nursing and/or rehabilitative services.
[Added 3-29-1999 by L.L. No. 3-1999]
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a usable or
unused underfloor space is more than six feet above grade as defined
herein for more than 50% of the total perimeter or is more than 12
feet above grade as defined herein at any point, such usable or unused
underfloor space shall be considered as a story.
[Amended 10-27-2003 by L.L. No. 10-2003]
The vertical distance from top to top of the two successive
finished floor surfaces, and, for the topmost story, from the top
of the floor finish to the top of the ceiling joists or, where there
is not a ceiling, to the top of the roof rafters.
[Added 1-13-2003 by L.L. No. 1-2003]
Wherever the term "street" is used in this chapter for the
purposes of establishing required dimensions or parameters of street
frontage of a lot, use, building or structure, it shall be deemed
to mean and refer to a public road or street, or a private road or
street which shall conform to all applicable Village requirements
for public roads and shall be irrevocably offered to the Board of
Trustees for dedication as a public road.
[Added 1-4-2016 by L.L.
No. 1-2016; amended 1-14-2021 by L.L. No. 1-2021; 3-3-2022 by L.L. No. 2-2022]
The dividing line between a public street and a lot.
The main foundation wall of a building or part of a building
which is enclosed and nearest to the street line, except bay windows,
vestibules and other minor projections.
A structure designed and intended for wading, bathing or
swimming purposes, having a depth or height of more than 24 inches,
made of concrete, masonry, metal or other impervious material, located
outdoors.
[Added 1-24-1983 by L.L. No. 3-1983]
An entire dwelling unit, or a room or group of rooms within a dwelling unit, made available to rent, lease or otherwise assigned for an occupancy of less than 30 consecutive days to one or more persons who are not the owner, or a family member of an owner, of such dwelling unit. The term "transient dwelling unit" shall not include (i) any lawfully permitted dormitories, (ii) any lawfully permitted hotel or motel rooms, bed-and-breakfast inns or lodging houses, or business establishments operating exclusively for and catering to transient clientele (that is, persons who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business), (iii) any lawfully operating medical, health care, nursing home, assisted living or other similar facility, (iv) any residential rental which is in compliance with Chapter 264 of this Code, or (v) any lodging or boardinghouse which is lawful pursuant to Chapter 225 of this Code.
[Added 4-5-2021 by L.L.
No. 4-2021]
There shall be a presumption that a property or dwelling unit
is a transient dwelling unit if the property or dwelling unit is advertised
or offered in any medium, including Airbnb, Home Away, VRBO or similar
short-term rental website, as being available for occupancy for a
period of less than 30 days.
The foregoing presumption may be rebutted by documentary or
other evidence presented and satisfactory to the Superintendent of
Buildings that the property or dwelling unit is not a transient dwelling
unit. In all such cases, the burden of proof to establish that a property
or dwelling unit is not a transient dwelling unit shall be upon the
owner or occupant of the property. Any person aggrieved by a determination
of the Superintendent of Buildings in this regard may appeal such
determination to the Board of Appeals.
For the purposes of defining a "transient dwelling unit," the
term "owner" shall mean and include any individual or individuals,
partnership or corporation or other organization in possession of
and having a fee interest in the real property where a dwelling unit
is located. The term "owner" also shall include a corporation, limited-liability
company, partnership, association, trustee, or other business entity
or nonbusiness forms of ownership.
A building designed for and occupied by only two families,
with one family over the other or side by side, and surrounded on
all sides above the ground by open space.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
or ordinary high-water line and a line parallel thereto.
[Amended 10-27-2003 by L.L. No. 10-2003]
[1]
Editor’s Note: This local law also provided that it
take effect upon adoption and filing; provided, however that the amendments
effectuated by it not be applicable with respect to any substantially
completed building permit application filed with the Village Building
Department on or before 3-4-2011, and provided further that such application
not thereafter be amended in any manner which would cause the construction
or development to exceed the parameters or limitations enacted by
this law to any degree greater than proposed in such application as
of 3-4-2011.
[2]
Editor’s Note: This local law also provided
that it shall take effect immediately upon adoption; any use or occupancy
which is lawful and in existence on the effective date of this law,
but which would not be lawful pursuant to the provisions enacted in
this law, or which would require a permit or approval from the Board
of Appeals pursuant to such provisions, may continue for not more
than 180 days after such effective date, and such use or occupancy
thereafter shall be unlawful and shall terminate unless such use or
occupancy shall obtain legal status as may be permitted by law.
[3]
Editor's Note: This local law also provided
for the repeal of the former definition of "hotel and/or motel."
[4]
Editor's Note: This local law also provided
for the repeal of the former definition of "hotel and/or motel."
[5]
Editor's Note: Charts I, II and III are included
at the end of this chapter.
[6]
Editor's Note: Charts I, II and III are included
at the end of this chapter.
