Unless otherwise expressly stated, the following words
or terms shall, for the purpose of this chapter, be interpreted or
defined as follows:
ACCESSORY APARTMENT
Separate dwelling unit, including a bathroom and a single
set of kitchen facilities (a stove plus either or both a refrigerator
and sink) not shared with any other unit, for permanent year-round
occupancy established within an existing one-family dwelling or a
building accessory to such dwelling.
ACREAGE AVERAGING
The subdivision of land into lots as authorized under §
133-26 where one or more of the lots in the subdivision do not meet the lot area and frontage requirements of Article
III, but the resulting average lot area is no lower than otherwise allowed.
ADVERTISING
Any and all advertising or any other form of communication
for marketing that is used to encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services as
may be viewed through various media, including but not limited to
newspapers, magazines, flyers, handbills, television commercials,
radio signage, direct mail, websites, emails, or text messages by
the owner and/or owner's agent or representative.
[Added 4-21-2017 by L.L.
No. 4-2017]
ALTERATION
A change or rearrangement to the structural elements of an
existing structure, or any enlargement or diminution of an existing
structure, or the moving of a building or structure from one location
on the premises to another.
ANIMAL HOSPITAL
Premises providing for the harboring and/or care of more
than three domestic nonfarm animals three months old or older for
compensation.
BED-AND-BREAKFAST
A one-family dwelling with rooms for rent to transient guests
for no longer than 14 days, and serving no meals other than breakfast
to such guests. Such one-family dwelling must be owner-occupied in
all zoning districts other than District B.
BOARDER, ROOMER OR LODGER
An individual who is a transient or is not related to a member
of the family occupying a dwelling unit or part thereof who, for compensation,
is furnished with sleeping accommodations, with or without meals.
BOARDING OR ROOMING HOUSE
A building with accommodations for three or more boarders,
roomers or lodgers who are lodged for compensation, with or without
meals. A rooming house, or furnished rooming house, shall be deemed
a "boardinghouse."
BOATYARD
A commercial facility providing maintenance, construction
and/or repair service for any type of watercraft, with or without
provision of supplies, storage, fueling or the retail sale of boats,
motors and marine equipment.
BUILDING
A structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or property. Structurally attached porches, breezeways, garages and
other permanently attached structures and appurtenant equipment such
as HVAC units and fuel tanks shall be deemed part of a "building."
Cornices, eaves, gutters or chimneys projecting not more than 18 inches,
and steps projecting not more than five feet, shall not be deemed
part of the building.
BUILDING AREA
The horizontal area covered by buildings, decks, paved terraces,
tennis courts, swimming pools, paths greater than four feet wide,
and similar constructed elements, but not including driveways and
paved parking areas.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the natural ground at the building site before any fill has been
or is proposed to be placed thereon to the highest point of the building
or structure. Height limitations shall not apply to chimneys, decorative
cupolas, monopoles and similar projections of or attachments to a
building, provided that they are not usable for human habitation and
that they do not exceed the height of the building by more than 10
feet or 20% of the building height, whichever is greater.
CERTIFICATE OF COMPLIANCE
A document issued by the Building Inspector/Zoning Officer
certifying one or more of the following:
(1)
That the lot and all structures and uses on
the lot comply with all provisions of the Zoning Code.
(2)
That the buildings and structures on the lot
preexisted the adoption of the Zoning Code.
CERTIFICATE OF OCCUPANCY
A document issued by the Building Inspector/Zoning Officer
certifying that the structure and its use is in compliance with all
state and local rules, regulations and requirements.
CLUB
An organization where the activities of such club are limited
to its members and their guests.
COMMERCIAL ACCOMMODATIONS
A building or group of buildings containing guest units providing
transient accommodations to the general public for compensation; includes
hotel, motel, motor court, motor lodge, inn and tourist cabins, but
not bed-and-breakfast or boarding or rooming house.
CONVENTIONAL BEDROOM
A room designed principally as a sleeping area. Rooms having
other purposes, such as dens, living rooms and hallways, are not to
be interpreted as a conventional bedroom.
[Added 4-21-2017 by L.L.
No. 4-2017]
DOCK
Any structure containing one or more piers, wharves, docks,
slips, basins or bulkheads designed, used or intended to be used primarily
for the docking, mooring or fueling of boats, whether or not for compensation.
DWELLING, ONE-FAMILY
A detached structure other than a mobile home containing
a single dwelling unit.
DWELLING UNIT
A building or portion of a building intended as living quarters
for a single family, having a bathroom and a single set of kitchen
facilities (a stove plus either or both a refrigerator and sink) not
shared with any other unit.
FAMILY
One or more persons related by blood, adoption or marriage
occupying a dwelling unit as a single housekeeping unit. Boarders
and lodgers may be included in any family unit up to two in number
when living in an owner-occupied dwelling, or one in number when living
in a non-owner-occupied dwelling.
FENCE
A work or structure designed to either limit access to an
area or to screen an area from view, or both.
GARDEN FENCE
A fence enclosing an area of a lot which is primarily devoted
to horticulture or agriculture.
GARAGE, PRIVATE
An accessory building for use by the occupants of the principal
building located on the same lot as the principal building allowing
the storage of vehicles or other items without compensation.
GARAGE, PUBLIC
A building used for the storage and/or repair of vehicles
for compensation, including the retail sale of vehicle parts and accessories.
GASOLINE SERVICE STATION AND FUEL STORAGE FACILITIES
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of petroleum products or
the storage of petroleum products in conjunction with such sale. In
the case of automotive fuel, such station may be used for the sale
of motor vehicle accessories, and may or may not include facilities
for washing, lubricating or otherwise servicing motor vehicles, but
shall not be used for auto body repair or painting.
GOOD NEIGHBOR BROCHURE
A document prepared by the Town that summarizes the general
rules of conduct, consideration, and respect, including but not limited
to provisions of the Town Code of the Town of Shelter Island applicable
to renters.
[Added 4-21-2017 by L.L.
No. 4-2017]
HOME BUSINESS OFFICE
The business office of an individual which provides a service
rather than the retail sale of goods (i.e., offices providing the
service of consulting, advertising, designing, contracting and/or
marketing and which typically require a home personal computer, telephone
and/or facsimile transmission machine).
HOME OCCUPATION
Any use customarily conducted by the inhabitants on the property,
which use is clearly incidental and secondary to the principal use
of the property as a dwelling and does not change the character thereof.
The foregoing applies also to professions and trades.
IMPERMEABLE
Driveways which are not covered with native soil or double-washed
gravel free of all particles (fines).
[Added 1-3-2012 by L.L. No. 1-2012]
LICENSE
The authorization by the Town Board or Zoning Board of Appeals
for a use of land that is personal and does not run with the land.
LOCAL CONTACT PERSON
An individual designated by the owner or owner's agent or
representative who resides on Shelter Island and is available 24 hours
per day, seven days per week for the purpose of responding by telephone
or in person to complaints regarding the condition or conduct of occupants
of the residential rental and who is authorized by the owner to take
remedial action.
[Added 4-21-2017 by L.L.
No. 4-2017]
LOT
A continuous parcel of land in the same ownership throughout,
with boundaries established through one or more recorded deeds which
meet the lot area and width requirements and other regulations applicable
to it at the time of its creation.
LOT AREA
All the areas within the surveyed area of the lot. In the
case of a flag lot, the flag strip shall not be included as part of
the lot area.
[Amended 9-20-2002 by L.L. No. 12-2002]
LOT COVERAGE
The percentage of lot area exclusive of wetland and the land
under water, occupied either by building area or by driveways and
parking areas. Any lot with deeded access across a flag lot shall
also be deemed to be a flag lot. Calculations of lot coverage for
any flag lot shall not include the flag strip.
[Amended 9-20-2002 by L.L. No. 12-2002]
LOT DEPTH
The mean distance between the front and rear lot lines.
LOT FRONTAGE
The linear measurement between the side lot lines running
along a street.
LOT LINE, FRONT
The lot line separating a lot from each street right-of-way
which it abuts; also referred to as the "street line." Corner and
through lots have two or more front lot lines. The front lot line
of a flag lot shall be one of the internal lot lines, as determined
by the lot owner at the time of application for a building permit
upon the said lot. Where a new street right-of-way is created adjacent
to a lot by someone other than the lot owner, without the lot owner's
consent or participation, that lot line will not be deemed a front
lot line but will be deemed a side or rear lot line for as long as
that new street is not used by the lot owner for vehicular or other
access to the lot.
[Amended 9-20-2002 by L.L. No. 12-2002; 12-28-2006 by L.L. No. 20-2006]
LOT LINE, REAR
The lot line generally perpendicular to the side lot line
and generally parallel to the front lot line.
MAJORITY OF A BUILDING
More than 50% of the components of construction of a building,
as calculated by the Building Inspector pursuant to Building Department
policy.
[Added 5-25-2007 by L.L. No. 5-2007]
MANUFACTURED HOUSING
A structure, transportable in one or more sections, which
is built on a permanent foundation when connected to the required
facilities.
MARINA
Premises for the berthing of watercraft, with or without
compensation, as either a principal or accessory use.
MEDICAL ARTS BUILDING
A building consisting of the offices of members of the medical
profession including doctors, dentists, optometrists, chiropractors,
podiatrists, psychologists, psychotherapists and such other similar
professions or occupations as designated by the Town Board.
MERGER
The combining of a conforming or nonconforming lot with an
adjacent conforming or nonconforming lot held in common ownership
at any time since October 19, 1959.
MOBILE HOME
A vehicle or structure standing on wheels or rigid supports
designed, equipped or used for living, sleeping or eating purposes
and which is designed or adaptable to motivation by its own power
or being towed by another vehicle.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure legally existing prior to October
19, 1959, or any applicable revision or amendment to this chapter
thereafter which does not conform, by reason of such revision or amendment,
to present zoning district regulations or applicable Building Code
requirements.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
October 19, 1959, or any applicable revision or amendment to this
chapter thereafter which fails by reason of such revision or amendment
to conform to the requirements of the zoning district in which it
is located.
NONCONFORMING USE
A use, whether of a building or tract of land, or combination
of those, legally existing prior to October 19, 1959, or any applicable
revision or amendment to this chapter thereafter which does not conform
to the present use regulations of the zoning district in which it
is located.
NONCONFORMING USE EXTENSION
A change to a nonconforming use which would have impacts
on parking, lighting, noise and/or traffic in the surrounding area.
An activity such as a repair or modification which does not create
the above impact(s) would not be considered a nonconforming use extension.
A change which offers an amenity formerly reserved for customers,
to the general public, would be a nonconforming use extension requiring
a special permit.
[Added 6-8-2012 by L.L. No. 3-2012]
NURSING HOME
An extended- or intermediate-care facility licensed to provide
full-time convalescent or chronic care to individuals who, by reason
of advanced age, chronic illness or infirmity, are unable to care
for themselves.
OPEN SPACE
Any lands within the Town characterized by natural scenic
beauty or whose open character, natural condition or present state,
if retained, would enhance the present or potential value of adjacent,
surrounding or nearby lands or of development, or would maintain or
enhance the conservation of natural, cultural or scenic resources.
OWNER
The legal owner of any property.
[Added 4-21-2017 by L.L.
No. 4-2017]
OWNER OCCUPIED
Premises where owner is simultaneously domiciled on the same
or adjacent premises with a tenant or tenants during a rental term.
[Added 4-21-2017 by L.L.
No. 4-2017]
PARK
A publicly or privately owned property for the use, enjoyment
or appreciation of citizens and which may have improvements designed
to facilitate recreational or passive activities.
PERMEABLE
Driveways which are covered with native soil or with double-washed
gravel free of all particles (fines).
[Added 1-3-2012 by L.L. No. 1-2012]
PLAT
A map showing the arrangement of lots, blocks, streets, drainage,
parks and other improvements, if any.
PREMISES
A tract of land, including its structures.
[Added 6-8-2012 by L.L. No. 3-2012]
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which it is located.
PRINCIPAL USE
The main or primary purpose for which a building, structure
or lot is to be used.
RECREATION FACILITY
An indoor or outdoor privately operated business which may
include playing fields, courts, arenas or buildings designed to accommodate
sports and recreational facilities.
RECREATION, PASSIVE
Recreational use of land requiring little or no structural
improvement and leaving the land in or near its natural state.
RENTAL LICENSE
An annual license issued by the Town to the owner to allow
the use or occupancy of a vacation rental, pursuant to this chapter.
[Added 4-21-2017 by L.L.
No. 4-2017]
RENTAL NOTIFICATION
Notification of a confirmed rental made by the owner of a
vacation rental to the Town.
[Added 4-21-2017 by L.L.
No. 4-2017]
RENTAL REGISTRY
A registry maintained by the owner of a vacation rental showing
the dates of rental and tenant names and contact information.
[Added 4-21-2017 by L.L.
No. 4-2017]
RENTAL TERM
The period of time a tenant rents or leases a portion or
all of a premises.
[Added 4-21-2017 by L.L.
No. 4-2017]
RESTAURANT
A building or portion thereof where food and beverages, whether
or not alcoholic, are prepared on the premises and sold to the public
for consumption on and off the premises.
SCREEN
To visually shield or obscure structures or activities from
other premises, effective year round as viewed from other premises.
SETBACK
The distance from a street or other lot line to the nearest
point of any structure requiring a building permit.
SETBACK, FRONT
A distance measured from a front lot line. Typically, corner
and through lots must provide two front setbacks.
SIGN
A structure or device designed or intended to convey information
through written or pictorial form.
SIGN AREA
The area of the smallest rectangle or circle within which
the entire sign can fit.
SKY PLANE
An area which begins at all property lines from the average
elevation of the existing natural grade adjacent to that building
or structure (prior to site disturbance), and extends inward at an
angle of 45°, except for lots located in the B, B-1, and C Zoning
Districts whereby the average natural grade shall be augmented by
10 feet.
[Added 6-3-2024 by L.L. No. 7-2024]
SPECIAL PERMIT USE
A use for which this chapter provides that the Zoning Board
of Appeals or the Town Board may grant a permit.
SQUARE FOOT LIVING AREA
Also known as "SFLA" the square footage of heated and/or
air conditioned area within the outer walls of all structures on a
residential lot, not including an unfinished basement or attic, garage(s)
structure(s) without heat or air conditioning.
[Added 6-3-2005 by L.L. No. 4-2005;
amended 3-22-2019 by L.L. No. 3-2019]
STORY
A portion of any building measured from the level of one
finished floor to the level of the next higher finished floor or,
if there is no higher floor, then that portion of the building measured
from the level of the highest finished floor to the top of the roof
beams.
STREET
Any federal, state, county or Town highway or road or any
street shown upon a subdivision plat filed in the Office of the Suffolk
County Clerk or any private road or right-of-way providing access
to land as shown on deeds or plats or existing prior to October 19,
1959, from which yards and other requirements are measured.
STRUCTURE
Anything constructed or erected on or under the ground or
upon another structure or building, excluding walkways, underground
tanks, driveways and customary yard accessories not requiring a building
permit.
[Amended 2-28-2014 by L.L. No. 2-2014]
SUBDIVISION, DIMENSIONAL
The reseparation of a parcel of land into no more than two
lots which have been merged and which do not meet the bulk requirements
of the zoning district in which they are located.
SURFACE, IMPERVIOUS
A surface that is impermeable, preventing water from infiltrating
into the soil below, including but not limited to cement, concrete,
macadam, pavement, buildings and swimming pools or other materials
so densely compacted that they are comparably resistant to infiltration.
SURFACE, PERVIOUS
A surface that is permeable, allowing water to infiltrate
to the soil below, including but not limited to vegetated areas and
prepared surfaces such as crushed stone that have substantial voids
between their solid elements.
SWIMMING POOL
An accessory structure consisting of an enclosure constructed
above or below ground level, intended to contain water of sufficient
depth for one or more persons to swim, and including all appurtenant
equipment.
TENANT
A person to whom an owner or owner's agents and/or representatives
grant temporary use of land or a part of a building, usually in exchange
for rent.
[Added 4-21-2017 by L.L.
No. 4-2017]
TENNIS COURT
An accessory structure constructed on the ground consisting
of a playing area for use in the game of tennis and having a permanent
or temporary net. Associated fencing shall not exceed a height of
10 feet and, along with backstops, netting and other improvements,
shall be considered a part of the "tennis court." Handball courts,
racquetball courts and similar facilities shall be included in this
definition.
TENT CAMP
Facilities using temporary shelters for supervised recreational,
health, educational, religious and/or athletic programs.
TRAILER PARK, COURT OR CAMP
Premises providing space for either short- or long-term parking
of two or more mobile homes, travel trailers or recreational vehicles,
with or without provision of services and facilities for the residents.
VACATION RENTAL
(1)
Any one-family dwellings, two-family dwellings, apartments,
and any other buildings or structures, whether attached or detached
to a primary structure used as a temporary living space by persons
other than the owner or owner's immediate family (to include parents,
siblings, children and grandchildren) for a period of 14 days or less,
and for which money or other consideration or compensation is paid,
directly or indirectly, for the use and enjoyment of all or a portion
of the dwelling unit.
[Added 4-21-2017 by L.L.
No. 4-2017; amended 5-25-2018 by L.L. No. 5-2018]
(2)
For the purposes of this chapter, vacation rentals shall not
include:
(a)
Any premises or portion of premises rented to a tenant as a
fixed and permanent home; or
(b)
Any premises, or portion of premises, that is owner occupied
as defined in this section; or
(c)
Any premises used exclusively for nonresidential, commercial
or nonprofit purposes; or
(d)
Any legally operating commercial hotel/motel, inn or bed-and-breakfast
establishment; or
(e)
Rental of premises located in the B Business Zone; or
(f)
Rentals of any duration by Taylor's Island Foundation, The Nature
Conservancy, Mashomack, or Sylvester Manor that are used as fund-raisers
for these nonprofits.
(g)
Rentals of property during declared emergencies.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land that does not meet the dimensional or bulk requirements
of this chapter.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose prohibited by this chapter.
WALL, EXTERIOR
A structure of wood, stone, earth or other materials, or
combination thereof, intended for security, screening or enclosure.
WETLANDS
(1)
TIDAL WETLANDS:
(a)
All lands generally covered or intermittently
covered with, or which border on, tidal waters, or lands lying beneath
tidal waters, including but not limited to banks, bogs, salt marsh,
swamps, meadows, flats or other lowlands subject to tidal action,
including those areas now or formerly connected to tidal waters.
(b)
All banks, bogs, meadows, flats and tidal marsh
subject to such tides, and upon which grow or may grow some or any
of the following: salt hay (Spartina patens and Distichlis spicata),
black grass (Juncus Geradi), saltworts (Salicornia ssp.), sea lavender
(Limonium carolinianum), tall cordgrass, (Spartina pectinata and Spartina
cynosuroides), hightide bush (Iva frutescens), cattails (Typha angustifloria
and Typha latifolia), groundsel, (Baccharis halmilifolia), marsh mallow
(Hybiscus palustris) and the intertidal zone including low marsh cordgrass
(Spartina alterniflora).
(c)
Lands and water substantially enclosed by aquatic
or semiaquatic vegetation as set forth in this subsection, the regulation
of which is necessary to protect and preserve the vegetation.
(2)
FRESHWATER WETLANDS:
(a)
Lands and submerged lands, commonly called marshes,
ponds, swamps, sloughs, bogs, flats and the like, regardless of the
type or amount of vegetation growing thereon or the absence of same.
(b)
All lands upon which grow any of the following
plant species or vegetation:
[1]
Wet meadow consisting of such plants as sedges
(Carex spp.), rushes (Juncus spp.), coarse grasses and sometimes cattails
(Typha spp.).
[2]
Emergent marsh including, among others, cattails
(Typha spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife
(Decodon verticillatus), arrowheads (Sagittaria spp.), reeds (Phragmites
communis), burreeds (Sparganium spp.), pickerelweed (Pontederia cordata),
wild rice (Zizania aquatica), water plantain (Alisma plantago-aquatica),
bulrushes (Scirpus spp.) and arrow arum.
[3]
Deciduous swamp consisting of live deciduous
trees over 15 feet in height such as American elm (Ulmus americana),
red maple (Acer rubrum), silver maple (Acer saccharinum), red ash
(Fraxinus pennsylvanica), black ash (Fraximus nigra), swamp white
oak (Quercas bicolor) and willows (Salix spp.).
[4]
Coniferous swamp consisting of live coniferous
trees over 15 feet in height, such as black spruce (Piccamariana),
white cedar (Chamaecyparis thyoides), red spruce, balsam fir and American
larch.
[5]
Shrub swamp consisting of vegetation less than
15 feet in height, such as alders (Alnus spp.), willows, leatherleaf,
bog rosemary (Andromeda glaucophylla), sweet gale, buttonbush (Cephalanthus
occidentalis), highbush cranberry, red osier dogwood (Cornus spp.)
and sphagnum moss (Sphagnum spp.) in bog mats.
[6]
Floating vegetation such as duckweed (Lemna
spp.), watermeal (Wolffia spp.), waterlily (Nymphaea odorata), water
shield (Brasenia schreberi) and spatterdock (Nuphar spp.).
[7]
Submergent vegetation such as pondweeds (Potamogeton
spp.), naiads (Najas spp.), coontail (Ceratophyllum demersum), water
milfoils (Nitelia spp.), wild celery (Vallisneria americana), muskgrass,
stonewort, water smartweed (Polygonum amphibium) and bladderworts
(Ultricularia spp.).
[8]
Lands and water substantially enclosed by aquatic,
semiaquatic or dead vegetation as set forth in this subsection, the
regulation of which is necessary to protect and preserve the vegetation.
(c)
All areas shown or designated as wetlands on the New York State Freshwater Map for Suffolk County, Sheet 7 of 39, promulgated May 26, 1993, by the New York State Department of Environmental Conservation (DEC), or amended thereafter, except areas that are demonstrated by an applicant to the satisfaction of the Building Inspector to not be included in either Subsection
(2)(a) or
(b) above.
(3)
The waters overlying and the lands underlying the areas set forth in Subsections
(1) and
(2) of this definition.
YARD, FRONT
The space within and extending the full width of the lot
from the front lot line to the nearest point of the principal building.
YARD, REAR
The space within and extending across the full width of the
lot from the rear lot line to the nearest point of the principal building.
Yards on irregularly shaped lots where "side" versus "rear" is indeterminate
shall be construed as rear yards.
YARD, SIDE
A yard other than a front or rear yard, measured from the
side lot line it abuts to the nearest point of the principal building.
Corner lots typically have two side yards and no rear yard.