For the purposes of this chapter, the terms used herein are defined as follows:
- ACCESSORY BUILDING
- A building or structure, the use of which is incidental to that of the principal building and which is attached thereto or is located on the same premises, which includes, but is not limited to, a detached private garage, except that a private garage that is attached to the principal building shall be considered a part thereof and shall not be considered an "accessory building," deck, generator, air conditioning, pool equipment and filter, mechanical equipment, and a recreational, tennis or sports court. Unless otherwise excluded specifically in this chapter, an accessory building includes an accessory structure, and the terms are used interchangeably herein. All accessory buildings and accessory structures are subject to any restrictions provided in this chapter, except where such accessory building or accessory structure meets all of the criteria for exemption from such restrictions, as set forth in § 138-1205.[Amended 3-17-1986 by L.L. No. 2-1986, effective 4-7-1986; 1-14-2019 by L.L. No. 1-2019; 12-9-2019 by L.L. No. 9-2019]
- ACCESSORY USE
- A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a building.
- An extension or increase in area, height or equipment of a building.
- Any change, rearrangement or addition to a building, other than ordinary repairs; and any modification in construction or in building equipment.
- APARTMENT HOUSE
- See "multiple-family dwelling."
- That space of a building that is partly below grade which has more than 1/2 of its height, measured from the floor to the ceiling, above the average established curb level or finished grade of the ground adjoining the building.
- See "multiple-family dwelling."
- BOARD OF TRUSTEES
- The Board of Trustees of the Incorporated Village of Sea Cliff.
- BORDER AREA
- A portion of property in a business district within which no building shall be erected or used nor any regular loading spaces or loading berths shall be located. Parking spaces and vehicular driveways may be located in a border area.
- BUFFER AREA
- A portion of property in a business district within which no building shall be erected or used nor any parking spaces, regular loading spaces, loading berths or vehicular driveways shall be located.
- A permanent or relatively permanent essentially box-like structure having a roof and enclosing within its walls space for any of a wide variety of activities, such as living, entertaining, manufacturing, etc. As used in this chapter, the word "building" refers to principal buildings and accessory buildings unless specifically distinguished.
- CORNER LOT
- A lot having street lines along two or more streets intersecting adjacent to the property. All of such street lines shall be considered to be front property lines of the lot.
- DEPTH OF A LOT
- The average distance between the front property line and the rear property line.
- DOUBLE FRONT LOT
- A lot having street lines on two streets separated from each other by the depth of the lot.
- DWELLING UNIT
- A separately contained housekeeping unit within a building, designed and intended for use by one family, having facilities for cooking, eating and sleeping therein.
- An extension of some part of a building into a front, rear or side yard. Certain such extensions of a minor nature may be permitted as provided in this chapter and shall be known as "permitted encroachments."
- Any number of individuals related by blood, marriage or legal adoption, plus no more than one other person not falling within any of the above categories, living and cooking together as a single housekeeping unit and occupying one dwelling unit, but not including domestic help.
- FIRE LIMITS
- The boundary lines establishing an area in which there exists, or is likely to exist, a fire hazard requiring special fire protection. The business districts of the Incorporated Village of Sea Cliff shall be deemed to be "Fire Limits A" districts, as that term is defined in the New York State Building Code.
- FLOOR AREA
- The sum of the gross floor areas of a building, including
the following areas, subject to the criteria, adjustments, exclusions,
and exceptions indicated:[Added 10-16-1995 by L.L. No. 5-1995; amended 3-24-2008 by L.L. No. 6-2008; 11-16-2009 by L.L. No. 12-2009]
- A. All interior balconies and mezzanines.
- B. One-half of the floor area of a basement.[Amended 10-1-2012 by L.L. No. 5-2012]
- C. One-half of the floor area of any attic space having a ceiling height of seven feet or more.
- D. Twenty-five percent of the floor area of any portion of a one-story open porch with a roof which extends and is located more than eight feet from the building.
- E. Twenty-five percent of the floor area of any portion of a balcony which extends and is located more than eight feet from the building.
- F. The floor area of a room with a ceiling height of more than 9 1/2 feet but no more than 12 feet shall be included at 125% of the actual square-foot floor area.
- G. The floor area of a room with a ceiling height of more than 12 feet but no more than 15 feet shall be included at 150% of the actual square-foot floor area.
- H. The floor area of a room with a ceiling height of more than 15 feet shall be included at 200% percent of the actual square-foot floor area.
- I. The provisions of Subsections F, G, and H above, notwithstanding, the floor area of the portion of a staircase which includes risers shall be included at 100% of the actual square foot floor area regardless of the height of the ceiling directly above this portion of the staircase. The floor area of any landing included in the staircase and which has a floor area of more than four square feet shall be calculated in accordance with the provisions of Subsections F, G, and H above.
- J. Floor area shall not include attic space having a ceiling height of less than seven feet, in-ground swimming pools, aboveground swimming pools, the portion of a one-story porch with a roof which is located not more than eight feet from the building, steps, bay windows not extending through more than one story, the portion of any balcony which is located not more than eight feet from the building, and terraces and decks 18 inches or less above grade.
- FLOOR AREA RATIO (FAR)
- The floor areas of all buildings on a lot divided by the
lot area.[Added 10-16-1995 by L.L. No. 5-1995]
- FRONT LINE OF THE PRINCIPAL BUILDING
- Any side of a principal building which faces a street to
which the lot is adjacent. The "front line of the principal building"
shall mean the furthermost extension of such building, including but
not limited to bow, bay and oriel windows, eaves, cornices, chimneys
and porches.[Added 5-7-2001 by L.L. No. 1-2001]
- FRONT OF THE PRINCIPAL BUILDING
- The side of a principal building which faces a street to
which the lot is adjacent and which would reasonably be considered
the front of the principal building or the front of a residence based
upon the application of the following criteria:[Added 5-7-2001 by L.L. No. 1-2001]
- A. The manner in which the building is situate on the property.
- B. The manner in which the building is normally used, most importantly as regards ingress and egress.
- C. The manner in which the building has historically been used, most importantly as regards ingress and egress.
- D. The manner in which the building was originally designed or subsequently modified without regard to any pending application.
- E. The architectural design of the building.
- F. The street address of the property.
- FRONT PROPERTY LINE
- The distance between the boundary lines of a lot when measured
along any property line abutting a municipal street. Every lot must
have at least one front property line.[Amended 10-9-2018 by L.L. No. 4-2018]
- FRONT YARD
- The area across the full width of a lot, extending from the
front line of the principal building to the front property line of
the lot, and bounded by the side property lines.[Amended 5-7-2001 by L.L. No. 1-2001]
- A. A corner lot shall have as many front yards as it has front property lines, and the front yards shall overlap in the areas of the lot where the streets intersect adjacent to the property.
- B. On a corner lot, each front yard shall be bounded by a side property line and the adjacent front property line, and in the case of a corner lot fronting on three streets, one front yard shall be bounded by the two adjacent front property lines.
- GASOLINE SERVICE STATION
- Premises used for the sale of gasoline or other motor vehicle fuel, and oil and other lubricating substances, and the sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means nor the use of such premises as a motor vehicle body repair shop.
- GROSS FLOOR AREA
- The floor area of a story of a building, measured from the exterior faces of exterior walls or from the center line of party walls.
- HEIGHT OF A BUILDING
- The vertical distance measured from the average elevation
of the proposed finished grade at the front, rear or sides of the
building (whichever is lowest) to the highest point of the building.
Ventilators, air-conditioning devices and machinery, tanks, bulkheads
and other accessory features required above roofs shall be included
in the computation of building height. No part of any chimney, turret,
cupola, spire, belfry, minor dome or other ornamental feature of a
building shall extend more than five feet above the maximum height
permitted for the building of which it is a part. No portion of any
turret, cupola, spire, belfry, minor dome or other ornamental feature
of a building which extends above the maximum height permitted for
the building of which it is a part shall be used for human habitation
or as living space.[Amended 10-16-1995 by L.L. No. 4-1995; 3-24-2008 by L.L. No. 6-2008]
- HEIGHT/SETBACK RATIO (HSR)
- A calculation designed to regulate the height of the principal
building in relation to setbacks. The height/setback ratios applicable
to residential properties shall be 1.0 for front yards, 1.5 for side
yards, and 1.0 for rear yards.[Added 10-16-1995 by L.L. No. 6-1995]
- HEIGHT/SETBACK RATIO PLANE
- An inclined plane beginning at the point on the lot line
nearest the building and rising toward the building at a ratio corresponding
to the applicable height/setback ratio set forth in the district regulations.
The beginning point of the inclined plane at the lot line shall be
measured from a point at a height even with the elevation of the average
ground level of the foundation of the closest wall of the building.[Added 10-16-1995 by L.L. No. 6-1995; amended 10-1-2012 by L.L. No. 5-2012]
- INTENSIFICATION OF USE
- Any change in the size or use of a building which requires an increase of more than 10% in off-street parking and loading space facilities.
- A portion or parcel of land, held in single and separate ownership, devoted to a certain use or occupied by a building or group of buildings, and the customary accessory uses, buildings and open spaces belonging thereto.
- LOT AREA (or AREA OF A LOT)
- The area of a lot on which a building and its accessories
are located or to be located. In determining compliance with the minimum
lot area requirements within any given zoning district in the Village,
the following areas shall be excluded from the computation:[Added 10-9-2018 by L.L. No. 4-2018; amended 1-14-2019 by L.L. No. 1-2019]
- A. Any area located in the bed of any street or right-of-way;
- B. Any area within, or deemed to be, a steep slope. For purposes of this exclusion from lot area, this exemption shall not apply to:
- C. Any area located in a tidal or freshwater wetland as determined by the New York State Department of Environmental Conservation.
- MIXED OCCUPANCY
- Occupancy of a building in part for one use and in part for some other use not accessory to the first use.
- MOTOR VEHICLE BODY REPAIR SHOP
- A building containing facilities and equipment used primarily for the repair of damage to the exterior of motor vehicles, popularly known as a "body and fender shop."
- MULTIPLE-FAMILY DWELLING
- Any building:
- A. Containing three or more dwelling units; or
- B. Containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; or
- C. With one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants; or
- D. With sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses; or
- E. Used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions; or
- F. With one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied as sleeping facilities or accommodations for employees.
- NONCONFORMING BUILDING
- A building which is conforming in use, but does not conform to the size, area, parking or other requirements of this chapter, which lawfully existed or was permitted as a nonconforming building prior to the enactment of this chapter and which is herein expressly or implicitly no longer permitted.
- NONCONFORMING USE
- Any and all uses of premises not conforming to the requirements of this chapter, which lawfully existed or were permitted as nonconforming, uses prior to the enactment of this chapter, and which are herein expressly or impliedly no longer permitted.
- OFFICIAL ZONING DISTRICT MAP
- The Official Zoning District Map of the Incorporated Village of Sea Cliff, Town of Oyster Bay, Nassau County, New York.
- ONE-FAMILY DWELLING
- A building designed for and occupied exclusively by not more than one family and containing no more than one dwelling unit.
- PARENT-CHILD DWELLING
- A one-family dwelling altered to include a second dwelling unit for the sole use by the children or parents of the resident fee owner of said one-family dwelling and for which a special permit shall have been duly approved by the Zoning Board of Appeals.
- PLANNING BOARD
- The Planning Board of the Incorporated Village of Sea Cliff.
- A parcel of land and all buildings thereon.
- PRINCIPAL BUILDING
- A building containing one of the uses permitted for the district in which it is located.
- PRIVATE GARAGE
- A building or portion thereof which is used for the parking
and/or storage of automobiles which are owned or leased and used by
the owner or tenant of the lot on which it is erected. A private garage
may be attached to a principal building, in which case it shall be
considered a part thereof, or it may be detached from such principal
building, in which case it shall be considered an accessory building.[Amended 3-17-1986 by L.L. No. 2-1986, effective 4-7-1986]
- PUBLIC GARAGE
- A building used commercially for the housing, storage or repair of trucks, trailers and automobiles or other motor vehicles, whether or not such building is accessory or incidental to another use, but not including facilities for the painting of motor vehicles by any means nor the use of such premises as a motor vehicle body repair shop.
- REAR LINE OF THE PRINCIPAL BUILDING
- The side of a principal building which is opposite from the
front of the principal building, except when the side of the building
being considered is a front line of the building. The "rear line of
the principal building" shall mean the furthermost extension of such
building, including but not limited to bow, bay and oriel windows,
eaves, cornices, chimneys and porches.[Added 5-7-2001 by L.L. No. 1-2001]
- REAR PROPERTY LINE
- The boundary line of a lot opposite to the front property
line and roughly parallel thereto.[Amended 5-7-2001 by L.L. No. 1-2001]
- A. On a corner lot, the rear property line shall be the boundary line of the lot which is opposite, and roughly parallel to, the front property line which the front of the principal building faces, exclusive of that portion of the property line which runs from the intersecting front line of the principal building (extended) to the front property line.
- B. A double front lot has no rear property line.
- C. A front property line shall not be a rear property line.
- REAR YARD
- That area of a lot extending from the rear line of the principal
building to the rear property line of the lot, and bounded by the
side property lines.[Amended 5-7-2001 by L.L. No. 1-2001]
- A building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public for consumption on the premises. A restaurant shall not be considered a retail store.
- RETAIL STORE
- A building or portion thereof where merchandise is sold to the public, generally in small quantities, for use off the premises. The definition of "retail store" shall not include restaurants.
- SETBACK LINE
- The minimum distance from the front property line of a lot at which any part of a building can be erected.
- A. A property or dwelling unit occupied for residential use or habitation, including all single-family and two-family residences, apartments or other dwelling units, by one or more persons who are not the owner or a family member of the owner of such property or unit, and for which rent or other compensation of value is received by the owner and/or paid by the occupant, directly or indirectly, in exchange for such occupancy, for a period of less than 30 consecutive days. The term "short-term dwelling unit" shall not include any lawfully operating commercial hotel/motel business establishment operating exclusively for and catering to transient clientele. The presence of one or more of the following factors shall create a presumption that a property or dwelling unit is being used as a short-term dwelling unit:
- B. The foregoing presumption may be rebutted by documentary or other evidence presented to and satisfactory to the Building Inspector that the dwelling unit is not a short-term dwelling unit.
- SIDE LINE OF THE PRINCIPAL BUILDING
- Any side of a principal building which is neither a rear
line nor a front line. The "side line of the principal building" shall
mean the furthermost extension of such building, including but not
limited to bow, bay and oriel windows, eaves, cornices, chimneys and
porches.[Added 5-7-2001 by L.L. No. 1-2001]
- SIDE PROPERTY LINE
- The boundary line of a lot connecting the front and rear property lines.
- SIDE YARD
- The area situated between the side line of the principal
building and the adjacent side line of the lot and extending from
the rear boundary of the front yard to the front boundary of the rear
yard. If no front yard is required, the front boundary of the side
yard shall be the front property line, and if no rear yard is required,
the rear boundary of the side yard shall be the rear property line,
or the intersecting front lines (extended) of the principal building.[Amended 5-7-2001 by L.L. No. 1-2001]
- SINGLE-FAMILY DWELLING
- See "one-family dwelling."
- STEEP SLOPE
- A geographical area, whether natural or man-made, which has
a ratio of vertical distance to horizontal distance of 15% or more,
based on a topographical map having a two-foot contour interval, over
a horizontal distance measuring at least 25 feet in all directions.[Added 10-9-2018 by L.L. No. 4-2018]
- STORAGE, MOTOR VEHICLE
- The keeping of a motor vehicle for repair, body or mechanical, on a single premises for a period in excess of 24 hours.
- That portion of a building which is between one floor level
and the next higher floor level or the roof. An attic, cellar or basement
area developed or constructed and used or occupied exclusively and
permanently for storage or by mechanical equipment servicing the building
or by building maintenance and operation activities shall not be considered
to be a story.[Amended 1-7-1991 by L.L. No. 1-1991]
- A thoroughfare dedicated and accepted by a municipality for public use, or legally existing on any map of a subdivision filed in a manner provided by law.
- STREET LINE
- The dividing line between a lot and an adjacent street or streets, as shown on the Official Zoning District Map. See also "front property line."
- Anything erected upon, over or under a lot for any purpose. The word "structure" includes the words "building" and "dwelling."
- The division of a lot, tract or parcel of land, whether improved or not, into two or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development. "Development" shall have the same meaning as "subdivision."
- TWO-FAMILY DWELLING
- A building designed for and occupied exclusively for two families living independently of each other and containing two dwelling units, each with its own entrance door.
- WIDTH OF A LOT
- The average distance between the side lines of a lot, measured parallel to the front property line.
- ZONING BOARD OF APPEALS
- The Zoning Board of Appeals of the Incorporated Village of Sea Cliff.
Editor’s Note: The former definition of "ancillary structure," which immediately followed, was repealed 12-9-2019 by L.L. No. 9-2019.
Editor's Note: The former definition of "cellar," which immediately followed this definition, was repealed 10-1-2012 by L.L. No. 5-2012.
For the purposes of this chapter, the following rules of construction shall apply:
Words used in the singular number include the plural, and vice versa.
The word "shall" is mandatory; the word "may" is permissive.
The word "erected," as it relates to the construction of structures, shall be deemed to include the words "altered," "enlarged," "extended," "modified" and changed."
In case of any difference in meaning or implication between the text of this chapter and any caption, illustration, summary or table, the text shall control.
Words used in the present tense include the future tense.
The word "person" includes an individual, a corporation, a partnership, an association or any other similar entity.
The use of the masculine gender shall include the feminine and neuter genders.
The inclusion of the definition of a use in the preceding section is intended to be illustrative only and shall not operate to permit any such use in any district. Only such uses and structures as are specifically permitted in the regulations for each district shall be allowed under this chapter.