Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Island Park, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural.
C. 
The word "person" includes a corporation, as well as a partnership, association or an individual.
D. 
The term "shall" is always mandatory.
E. 
The words "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended," "arranged," or "designed" to be used or occupied.
F. 
The word "building" includes the words "structure" and "premises"; and the word "premises" includes the words "building and land" and also includes the words "vacant land."
G. 
The words "vacant land" shall include the word "premises."
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
The actual cessation of a nonconforming use, coupled with the intent not to put the premises again to the same use. Where there is nonuse of a nonconforming use for a period of one year, the use shall be deemed abandoned, unless proof is offered of the intent not to abandon such nonconforming use.
ACCESSORY BUILDING
A building subordinate to the main building on a lot and used for a purpose customarily incidental to the uses of the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
APARTMENT HOUSE or MULTIPLE DWELLING
A building arranged, intended or designed to be occupied by three or more families living independently of each other.
AREA, BUILDING
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.
ATTACHED TOWNHOUSE DWELLING UNIT
A dwelling unit sharing a common side or rear wall or walls with another dwelling unit or units, or sharing a common space which is bounded by the floor of one unit or units and the ceiling of a unit or units below, provided that each such unit is intended to be occupied by a single family living independently of the other families, having a separate entrance or entrances, individual access to utility service and intended to be held in single and separate ownership from adjoining units.
[Added by L.L. No. 3-1987]
AUTOMOBILE SERVICE STATION, GAS SERVICE STATION, GASOLINE STATION or FILLING STATION
A building, land or premises where the business carried on is the sale of gasoline, oil, accessories for motor vehicles, the servicing or washing of motor vehicles and which includes only minor repairs and adjustments.
BASEMENT
That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the established finished grade of the ground adjoining the building. A basement shall be included as a story for the purpose of height measurement.
[Amended 2-23-1962]
BLOCK
A territory or street, sometimes called a "square block," which is commonly used to designate that section of a square block, so-called, fronting on a street between two intersecting streets.
BOARDINGHOUSE
Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with or without meals.
BUILDING or PREMISES
Any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure of persons, animals or chattels. "Building or premises" shall mean and apply to both vacant and improved real property.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for purposes of height measurement, in determining the permissible number of stories.
CLUB
An association of persons for social, fraternal or religious purposes whose activities are confined to the members and their guests and are not extended to the general public; including premises and buildings for recreational or athletic purposes, whether or not the facilities are extended to the general public.
[Amended 8-14-1969]
COURT
An open, unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines.
COURT, OUTER
A court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot and, for the purpose of measuring the height of any portion of a building, is the mean level of the curb along the street frontage. Where no curb level exists, the grade will be determined by the Official Map of the Village and/or the Village Engineer.
DEPTH OF LOT
The mean distance from the street line of a lot to the rear line measured at right angles to the street line.
DWELLING
A building designed or used exclusively as the living quarters for one or more families.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including an apartment house or apartment hotels.
DWELLING, ONE-FAMILY
A detached building designed for or occupied exclusively by one family. Domestic help living in shall, for the purpose of this definition, be considered members of the family.[1]
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families living independently of each other.
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities for one family.
EXISTING USE
The actual lawful use of the premises at the time the zoning ordinance is adopted or at the time a permit has been issued, provided work has been actually done thereon or a valid contract made for such work within the intent of the permit and before the amendment of this chapter, insofar as it affects the use allowed under the permit, or the adoption of a new zoning ordinance.
FAMILY
Any number of individuals, related by blood, marriage or adoption, living and cooking together on the premises as a single housekeeping unit and may include domestic help living in or not more than two paying lodgers or boarders.[2]
FRONTAGE
That part of a building or land which fronts on or is bounded by a public street, place or walk.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity of not more than two automobiles in one- or two-family dwellings, or not more than one automobile per family housed in the building to which such garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle and space may be rented for not more than two vehicles of other than occupants of the building to which such garage is accessory. See § 625-36B for garages for apartment house or multiple dwellings.[3]
GARAGE, PUBLIC
Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, rental, greasing, washing, servicing or adjusting of automobiles or other motor vehicles.
GRADE, ESTABLISHED
The elevation of the center line of the street as officially established by the Village authorities.
GRADE, FINISHED
The natural surface of the ground or surface of the ground after completion of any change in contour.
[Added 2-23-1962]
GROSS FLOOR AREA
The area included within surrounding walls of a building.
HEIGHT, BUILDING
The vertical distance measured from the base floodplain plus two feet to the highest point of the building.
[Amended 2-23-1962; by L.L. No. 2-1991; 2-21-2013 by L.L. No. 1-2013]
HOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building. It may include newsstands and other accessory services primarily for serving its occupants and only incidentally the public.
INDUSTRY
That branch of trade employing capital and labor in a business for money making as distinguished from a profession.
LAUNDERETTE
An establishment where the public may wash and/or iron its clothes or textiles by hand or machine of home automatic type furnished by the establishment and operated for gain.
LAUNDRY, PUBLIC
A building where laundry work is performed for the public by employees of the establishment for the purpose of gain, and in which the washing and ironing of clothes and other textiles is accomplished by hand or machine, or by both.
LIGHT MANUFACTURING
The manufacture of articles or the assembling of finished or unfinished manufactured parts by hand or machine, or both, as distinguished from heavy industry. Repairing is intended to be included within the meaning of light manufacturing, except that the repairing of shoes, leather goods and wearing apparel shall not come within the definition of light manufacturing.
LINE, STREET
The dividing line between the street and the lot.
LOT
A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building that is united by a common interest, or use, and the customary accessories and open spaces belonging to same.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
Any line dividing one lot from another.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets.
LOT, WIDTH OF
The mean width measured at right angles to its depth.
MAJOR REPAIRS
All repairs other than those listed as minor repairs.
MAKE and MANUFACTURE
Synonymous and mean work upon raw materials or upon finished or unfinished parts into a finished product; the assembling of parts into a finished product.
MEAN SEA LEVEL
The average height of the sea at Sandy Hook, New Jersey, all stages of the tide being considered as determined by the U.S. Coast Geodetic Survey.
[Amended 2-23-1962]
MINOR REPAIRS
A. 
To fix and repair tires; install or repair distributor points; clean, adjust and reinstall spark plugs; renew and install new ignition wiring; replace hose connections, whether connected with windshield wipers or circulation systems; repair or replace gasoline strainers or oil filters; adjust brakes; renew and replace all headlights, other light bulbs, the accessories thereto, and switches; repair or replace fuel pumps; repair or replace coils; renew, recharge and replace batteries; repair ammeters; and such other removal, replacement and adjustment, and repairs similar in nature or character to the above.
B. 
All other work not included in the above will be regarded and deemed to be major repairs.
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.
NONCONFORMING USE
A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
PARKING FIELD
Ground or land upon which motor vehicles are transiently placed and does not include the grounds of a private house, hotel, residential hotel, apartment or multiple dwelling or garden-type apartment.
PARKING SPACE
The area required for parking one automobile, which in this chapter is held to be an area eight feet wide and 20 feet long, exclusive of passageways for ingress or egress.
PORCH
What is generally known and designated as a porch, veranda, gallery, terrace, piazzo, portico or a substantially similar common projection from any wall of a building and not more than one story in height, without excavation below the same.
ROOF, FLAT
A roof having a pitch of not more than 1/4 inch per foot. All one- and two-family dwellings shall have a roof other than a flat roof.
[Amended 11-19-1959]
ROOF, PITCHED
A roof having a pitch of more than 1/4 inch per foot.
SIGN
Any movable board or contrivance upon which an advertisement appears. This shall not include the use of a name or emblem upon the building nor shall it include the usual board notices in or about church property.
SPACE
Premises arranged for or capable of use for living purposes.
STAND or VENDOR'S STAND
A place in the open where articles are displayed for the purpose of sale or promotion of sales or of samples or merchandise to be sold, whether contained upon boxes, crates, or a framework of temporary or permanent character. Such display in a store or building within 10 feet of an open show window facing the street is hereby defined also as a stand or vendor's stand.
STORY
That portion of a building which is between one floor level and the next higher floor level or the roof. A basement shall be deemed to be a story. An attic shall be deemed to be a story if finished and used as living accommodations for one or more persons.
[Amended 2-23-1962]
STRUCTURE
A combination of materials, other than a building, to form a construction that is safe and stable and includes, among other things, stadiums, platforms, towers, sheds, storage, bins, fences and display signs.
WALL, FRONT
The main wall of a building fronting on the street, excluding a porch, front bay windows, vestibules and chimneys.
YARD, FRONT
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, REAR
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the center line of the alley if there is an alley, and the rear line of the building.
YARD, SIDE
An open, unoccupied space on the same lot between the building and side lot line and extending through from the front building line to the rear yard and, where no rear yard is required, to the rear line of the lot. A court on the lot line is also defined as a side yard.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).