For the purposes of this chapter, the terms
used herein are defined as follows:
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]
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.[1]
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."
The Board of Trustees of the Incorporated Village of Sea
Cliff.
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.
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.
The Building Inspector of the Incorporated Village of Sea
Cliff.[2]
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.[3]
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers or other independent
supports.
[Added 2-13-2023 by L.L. No. 1-2023]
The average distance between the front property line and
the rear property line.
A lot having street lines on two streets separated from each
other by the depth of the lot.[4]
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.
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.
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]
All interior balconies and mezzanines.
One-half of the floor area of a basement.
[Amended 10-1-2012 by L.L. No. 5-2012]
One-half of the floor area of any attic space
having a ceiling height of seven feet or more.
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.
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.
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.
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.
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.
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.
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.
The floor areas of all buildings on a lot divided by the
lot area.
[Added 10-16-1995 by L.L. No. 5-1995]
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]
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]
The manner in which the building is situate
on the property.
The manner in which the building is normally
used, most importantly as regards ingress and egress.
The manner in which the building has historically
been used, most importantly as regards ingress and egress.
The manner in which the building was originally
designed or subsequently modified without regard to any pending application.
The architectural design of the building.
The street address of the property.
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]
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 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.
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.
Any outdoor surface, feature, or element, whether pervious,
impervious, a combination thereof, in excess of 100 square feet, in
the aggregate, including formed ice, other than grass or other landscaping,
which is designed or used, or is intended or susceptible of use, for
the playing of basketball, hockey, pickleball, tennis, or any other
game or games, sport or sports, or hobbies. The term shall not include
swimming pools or driveways.
[Added 2-13-2023 by L.L. No. 1-2023]
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.
A freestanding roofed structure with open or screened walls.
[Added 2-13-2023 by L.L. No. 1-2023]
An accessory structure with walls and roof made of no less
than 80% transparent material, such as glass, for the purpose of growing
plants requiring regulated climatic conditions.
[Added 2-13-2023 by L.L. No. 1-2023]
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.
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]
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]
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]
A building, any structure connected to a building, patio,
porch, terrace, deck (except portions of a deck with spacing between
the horizontal deck planking, decking or boards and no patio or platform
below the deck), pergola, gazebo, greenhouse, swimming pool, walkway,
paved surface, game court, steps, wall (but not a fence), pavers,
pads for utility equipment, mechanical equipment, brick, and slate.
[Added 2-13-2023 by L.L. No. 1-2023]
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.[5]
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]
Any area located in the bed of any street or right-of-way;
Any area within, or deemed to be, a steep slope. For purposes
of this exclusion from lot area, this exemption shall not apply to:
Any area located in a tidal or freshwater wetland as determined
by the New York State Department of Environmental Conservation.
The proportion of the gross horizontal area measured from
the exterior surface of the exterior wall of the ground floor of all
principal and accessory buildings and structures on a lot to the lot
area, expressed as a percentage. For the purposes of lot coverage,
"structures" shall be defined to include only the following: buildings,
covered porches, pergolas, gazebos, greenhouses, swimming pools, accessory
structures in excess of 18 inches in height, and outdoor mechanical
equipment, including pool equipment and heaters, air-conditioning
units, generators, outdoor kitchen equipment and barbecue islands
(excluding stand-alone barbecues). Excluded from lot coverage are
paved surfaces not in excess of 18 inches in height when measured
from the adjoining surface, stairs and steps (and their supporting
members, including rails and supporting walls), fences, and walls
that retain soil so long as the wall height does not extend more than
three inches above the soil.
[Added 2-13-2023 by L.L. No. 1-2023]
Occupancy of a building in part for one use and in part for
some other use not accessory to the first use.
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."
Any building:
Containing three or more dwelling units; or
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
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
With sleeping accommodations for more than five
persons used or occupied as a club, dormitory, fraternity or sorority
house or for similar uses; or
Used or occupied as a convalescent, old-age
or nursing home, but not including private or public hospitals or
public institutions; or
With one or more sleeping rooms, other than
a one- or two-family dwelling, used or occupied as sleeping facilities
or accommodations for employees.
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.
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.
The Official Zoning District Map of the Incorporated Village
of Sea Cliff, Town of Oyster Bay, Nassau County, New York.
A building designed for and occupied exclusively by not more
than one family and containing no more than one dwelling unit.
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.
An uncovered developed surface, platform or paved, wooden,
artificially turfed or hard-surfaced area with a surface height of
not more than eight inches.
[Added 2-13-2023 by L.L. No. 1-2023]
A structure consisting of parallel colonnades supporting
an open roof of girders and cross rafters. The term includes a structure
containing such supports, either temporary or permanent, consisting
of canvas, shades, louvers, panels or nonpermanent material.
[Added 2-13-2023 by L.L. No. 1-2023]
The Planning Board of the Incorporated Village of Sea Cliff.
A raised flooring.
[Added 2-13-2023 by L.L. No. 1-2023]
A roof-covered and developed surface or paved, wooden, artificially
turfed or hard-surfaced area attached to a building.
[Added 2-13-2023 by L.L. No. 1-2023]
A parcel of land and all buildings thereon.
A building containing one of the uses permitted for the district
in which it is located.
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]
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.
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]
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]
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.
A double front lot has no rear property line.
A front property line shall not be a rear property
line.
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.
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.
The minimum distance from the front property line of a lot
at which any part of a building can be erected.
[Added 1-8-2018 by L.L. No. 1-2018]
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:
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.
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]
The boundary line of a lot connecting the front and rear
property lines.
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]
See "one-family dwelling."
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 any direction.
[Added 10-9-2018 by L.L.
No. 4-2018; amended 5-11-2020 by L.L. No. 6-2020]
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.
[Amended 1-7-1991 by L.L. No. 1-1991; 2-13-2023 by L.L. No. 1-2023]
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.
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."
A paved area or platform supported on one or more sides by
a wall or soil.
[Amended 2-13-2023 by L.L. No. 1-2023]
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.
The average distance between the side lines of a lot, measured
parallel to the front property line.
The Zoning Board of Appeals of the Incorporated Village of
Sea Cliff.
[1]
Editor’s Note: The former definition of "ancillary structure,"
which immediately followed, was repealed 12-9-2019 by L.L. No. 9-2019.
[2]
Editor's Note: The former definition of "cellar," which immediately
followed this definition, was repealed 10-1-2012 by L.L. No. 5-2012.
[3]
Editor's Note: See drawing of typical corner lot, § 138-201.1C and D.
[4]
Editor's Note: See drawing of typical double front lot, § 138-201.1D.
[5]
Editor's Note: See drawing of typical regular lot, § 138-201.1A.
For the purposes of this chapter, the following
rules of construction shall apply:
A.Â
Words used in the singular number include the plural,
and vice versa.
B.Â
The word "shall" is mandatory; the word "may" is permissive.
C.Â
The word "erected," as it relates to the construction
of structures, shall be deemed to include the words "altered," "enlarged,"
"extended," "modified" and changed."
D.Â
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.
E.Â
Words used in the present tense include the future
tense.
F.Â
The word "person" includes an individual, a corporation,
a partnership, an association or any other similar entity.
G.Â
The use of the masculine gender shall include the
feminine and neuter genders.
H.Â
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.
