Certain words in this chapter are defined for the purpose thereof as follows:
ACCESSORY BUILDING OR USEA building subordinate to the main building customarily incidental to and located on the same lot occupied by the main building or use.
ALTERATIONAs applied to a building or structure, is the change or rearrangement of the structural parts, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location to another. It does not include ordinary repairs.
BASEMENTThat space of a building that is partly below grade which has more than half of its height measured from floor to ceiling above the average established level or finished grade of the ground adjoining the building.
BUILDINGA combination of materials other than a structure to form a construction that is safe and stable and adapted to permanent or continuous occupancy as a residence; the term "building" shall be construed as if followed by the words "or part thereof."
BUILDING AREAThe aggregate area of the maximum horizontal cross sections of all buildings, including covered porches, all detached garages, sheds and other accessory buildings, and all decks, patios and platforms that have a height in excess of 30 inches.
[Amended 5-3-2004 by L.L. No. 1-2004; 7-1-2013 by L.L. No. 1-2013]
The vertical distance measured from the average level of the finished adjoining ground to the highest point of the roof.
BUILDING INSPECTORThe inspector appointed by the Board of Trustees or in case of his inability to act for any reason, a person designated by the Village authorities to act on the Building Inspectors behalf.
CELLARThat space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining building.
CORNER LOTA lot situated at the intersection or junction of 2 or more streets.
DEPARTMENT OF HEALTHThe Department of Health of the County of Nassau and any other Health Board or Department established pursuant to the laws of the State of New York and entrusted with the regulations, control and/or supervision of matters pertaining to and affecting the public health in the Village.
DEPTH OF LOTThe mean distance from the street line of the lot to its opposite rear line, measured along the side lines of the lot.
ERECTEDConstructed, reconstructed, altered, placed or moved.
FAMILYAny number of individuals related by blood, marriage or legal adoption, living and cooking together on the premises as a single housekeeping unit.
FIRST FLOORThe lower story entirely above the average level of the ground surrounding a building.
FLOOR AREA RATIOThe total gross floor area, as defined herein, on a lot divided by the sum of the lot area.
[Amended 5-3-2004 by L.L. No. 1-2004]
The street upon which a lot abuts. If a lot abuts upon more than 1 street, it means the street upon which the lot has the least frontage.
FRONT OF BUILDINGThe front of a building on an interior lot is the exterior wall facing the street. The front of a building on a corner lot is the exterior wall where the main entrance is established.
FRONT YARDA yard across the full width of a lot extending from the front line of a building to the front line of the lot measured between the side property lines and in the case of a corner lot measured from the street line to the side property line.
HABITABLE FLOOR AREA IN A DWELLINGSpaces occupied by 1 or more persons for living, eating and/or sleeping, but does not include attached or built-in garages, open porches or terraces or spaces in cellar. On the first floor it shall be construed to mean all finished floor area having a clear headroom of 7 1/2 feet or over, including stair wells; on the second floor all finished or unfinished floor area having a clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of 6 feet with sidewalls not less than 5 1/2 feet in height.
IMPERVIOUS SURFACEAll nonvegetative surfaces on a lot, including buildings, driveways, walkways, decking, patios and other surfaces comprised of pavement, concrete, masonry, flagstone, gravel, bluestone, wood or other surface coverings that render the ground unsuitable for the growth of vegetation or plant. Areas of lawn, vegetation, live landscaping, and exposed soils shall not be deemed impervious surface.
[Added 7-1-2013 by L.L. No. 1-2013]
A parcel of land which the owner shall designate in his application as his building site or a parcel of land occupied by a building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter and such open spaces as are arranged and designed to be used in connection with such building.
LOT AREAThe area of a lot measured within the boundaries thereof.
MAIN BUILDINGA building which houses the principal purpose for the utilization of the lot.
MEAN GROUND LEVELThe average elevation of the natural ground level prior to any excavation or any regrading or any fill being placed, as calculated from elevations taken at intervals of 12 inches along the perimeter of the building or structure and dividing the sum of such elevations by the number of such elevations taken, all as certified by a licensed land surveyor.
[Added 4-28-2011 by L.L. No. 1-2011]
A roofed open structure projecting from the outside wall of a building without window sash or any other form of permanent enclosure.
PERSONIncludes individual, firm, corporation, partnership, association or other agency of voluntary action.
PREMISESIncludes the land and all buildings or structures thereon.
PRIVATE GARAGEA detached or attached building or part of the main building used for storage of not more than 3 noncommercial automobiles owned and used by the owner or tenant of the lot on which the main building is erected and in which no business or service is conducted.
PROFESSIONAL OFFICEAn office maintained by a doctor, dentist, lawyer, teacher, artist, architect, engineer, accountant or musician in the dwelling in which such person resides, provided that such office does not occupy more than 50% of the habitable floor space in the first floor or more than 25% of the habitable floor space of a 1-story dwelling and not more than 1 assistant or employee is employed by such person and further provided that there is no alteration or change to the exterior of such dwelling which modifies its residential character or use or the use thereof, has no feature which is offensive, annoying or harmful to the public health, safety or general welfare, including but not limited to by reason of noise, glare, vibration, odor, radiation, dust, fumes or undue traffic.
REAR YARDA yard across the full width of the lot extending from the rear line of the building to the rear line of the lot measured between the side property lines.
SIDE YARDA yard between the side of the building and the corresponding side line of the lot and extending from the front line of the rear lot line in the case of a single building on the front portion of a lot.
SINGLE-FAMILY DWELLINGA building designed for and occupied exclusively as a home or residence for not more than 1 family. Each single-family dwelling shall have a private garage, either detached, attached, or within the main building.
[Amended 10-5-1987]
A sky exposure plane is a theoretical inclined plane through which the height of a building may not penetrate. The sky exposure plane begins at the property line and extends and elevates therefrom at a right angle toward the interior of the lot. An illustration of sky exposure plane is annexed to this §
140-2 as "Illustration 140-2, Sky Exposure Plane," and by this reference is incorporated into and made a part of this definition.
[Added 5-5-2014 by L.L. No. 2-2014]
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 when its ceiling is 6 or more feet above finished grade. A half-story is that part of any building above a story and having at least 2 opposite exterior walls meeting a sloping roof at a level no higher above the floor than 1/2 the floor to ceiling height of the story below, but having not less than 5 feet clear headroom at any point.
[Amended 5-3-2004 by L.L. No. 1-2004]
Any public thoroughfare or space more than 20 feet in width which may or may not have been dedicated or deeded to the public for public use.
STRUCTUREA combination of materials other than a building to form a construction that is safe and stable, including, among others, signs, fences, retaining walls, outdoor fireplaces, swimming pools, pergolas detached garages, lampposts, freestanding basketball hoops and exterior central air-conditioning components; the term "structure" shall be construed as if followed by the words "or part thereof."
[Amended 5-3-2004 by L.L. No. 1-2004]
An open porch without a permanent roof.
TWO-STORY BUILDINGAny building where the area of the second floor is equal to at least 75% of the area of the first floor.
USEThe listed uses permitted. The listing of any uses as being permitted uses shall be deemed to mean that such uses and no other shall be permitted unless otherwise specifically permitted in the chapter. "Use" shall also mean designed, intended or arranged to be used.
WIDTH OF LOTThe mean width measured at right angles to its depth.
YARDAn open and unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky.