As used in this chapter, the following terms shall
have the meanings indicated:
ADULT BOOK AND/OR VIDEO STORE
An establishment having as a substantial or significant portion
of its stock-in-trade in books, magazines, other periodicals, films,
slides or videotapes and which establishment is customarily not open
to the public generally, but excludes any minor by reason of age.
[Added 3-20-1997 by L.L. No. 3-1997]
ADULT DRIVE-IN THEATER
A drive-in theater that customarily presents motion pictures,
films, videotapes or slide shows that are not open to the public generally,
but excludes any minor by reason of age.
[Added 3-20-1997 by L.L. No. 3-1997]
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments and which establishment is customarily
not open to the public generally, but excludes any minor by reason
of age.
[Added 3-20-1997 by L.L. No. 3-1997]
ADULT HOTEL OR MOTEL
A hotel or motel which is not open to the public generally,
but excludes minors by reason of age, or which makes available to
its patrons in their rooms films, slide shows or videotapes which,
if presented in a public theater would not be open to the public generally,
but would exclude any minor by reason of age.
[Added 3-20-1997 by L.L. No. 3-1997]
ADULT THEATER
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally,
but excludes any minor by reason of age.
[Added 3-20-1997 by L.L. No. 3-1997]
ADULT USE
Includes adult book and/or video store, adult drive-in theater,
adult entertainment cabaret, adult hotel or motel, adult theater;
massage establishment, peep show and any other use which is distinguished
or characterized by its emphasis on sexual activities or sexual anatomical
areas and which excludes minors by reason of age. Any use, such as,
for example, a hotel, which includes any form of adult use as a principal
use or as an accessory use, shall be considered an adult use for the
purposes of this chapter. Also includes any facility which sells cannabinoids
for a "certified medical use," or any other establishment that acquires,
possesses, manufactures, sells, delivers, transports, distributes,
or dispenses "medical cannabis," as those terms are defined in § 3
of the New York State Cannabis Law, or a "registered organization"
within the meaning of § 34 of the New York State Cannabis
Law, or any other establishment that is organized for the purpose
of acquiring, possessing, manufacturing, selling, delivering, transporting,
distributing or dispensing cannabis for certified medical use.
[Added 3-20-1997 by L.L. No. 3-1997;
amended 3-3-2016 by L.L. No. 5-2016; 10-7-2021 by L.L. No. 9-2021]
ALTERATION
As applied to a building or structure, any 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 to buildings or structures.
[Amended 11-15-1988 by L.L. No. 6-1988]
(1)
The refacing or resurfacing of the exterior
facade of an improvement in any manner that would substantially and
significantly affect its exterior appearance.
(2)
An act or process which substantially and significantly
changes one or more of the exterior architectural features of an improvement.
(3)
Additions, including the attachment, destruction
or removal of gates, fences, bars or other such devices, and any other
modifications to the windows, doors or other exterior architectural
features of an improvement.
AMUSEMENT CENTER
A business establishment containing four or more amusement
devices.
AMUSEMENT DEVICE
A machine that is controlled and operated by the insertion
of a coin or token and intended for the amusement or recreation of
a patron, including but not limited to baseball and football games,
pinball games, video games and other similar games.
ANIMATED SIGN
A sign which moves or depicts action or motion by flashing
or otherwise requiring electrical or other source of energy.
[Added 11-1-1984 by L.L. No. 2-1984]
APARTMENT HOUSE
A residence building accommodating three or more families
living independently of each other and allowed to do their own cooking
on the premises.
AREA OF SIGN
For the purpose of computation of the area of any sign, the
entire background area of the sign, computed in square feet or inches
by standard mathematical formulas for known or common shapes. For
irregular shapes, lighting devices, pennants, banners, bunting or
fluttering devices, the entire background area shall be considered
that area which is or would be encompassed within the extremities
of straight lines drawn closest to the extremities of the shape or
device. For signs having lettering or pictorial matter on more than
one face, the sum of the entire background area of each such face
shall be computed for determination of the area of the sign.
[Added 11-1-1984 by L.L. No. 2-1984]
AWNING
An unenclosed roof structure supported entirely by the building
to which it is attached and which may be of a stationary or retractable
type.
[Added 11-1-1984 by L.L. No. 2-1984]
AWNING SIGN
Any awning having lettering or pictorial matter attached
to or inscribed on it.
[Added 11-1-1984 by L.L. No. 2-1984]
BAR
A business enterprise, or that portion thereof, engaged in
the retail sale of beverages for consumption on the premises, with
food sold and served as a secondary function.
BILLBOARD OR BILLBOARD SIGN
A sign or structure larger than 32 square feet in area and
designed to carry outdoor advertising of products or services not
sold or provided on the lot, plot, building, structure or premises
where such sign is located.
[Added 11-1-1984 by L.L. No. 2-1984]
BOARDER, ROOMER OR LODGER
A person who pays consideration for residence within a separate building or dwelling unit and for occupying, for her or his exclusive use, no more than one bedroom and one bathroom and not as an incident of employment. There shall be no separate entrance from the outside to the room or rooms provided for a boarder, roomer or lodger, all as defined in this section. The owner of the separate building or dwelling unit must obtain a permit for the rental of any room or rooms to any boarder, roomer or lodger in accordance with Article
XXXII of this Zoning Chapter pertaining to rental dwelling units.
[Added 2-6-1992 by L.L. No. 2-1992]
BODY PIERCING
The piercing of any part of the body, except the ear.
[Added 6-4-2009 by L.L. No. 6-2009]
BODY-PIERCING SPECIALIST
Any person who performs body piercing on the body of any
other person.
[Added 6-4-2009 by L.L. No. 6-2009]
BODY PIERCING STUDIO
Any premises in which a body-piercing specialist conducts
such practice.
[Added 6-4-2009 by L.L. No. 6-2009]
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
[Added 11-15-1988 by L.L. No. 6-1988]
BUILDING, ACCESSORY
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
BUILDING AREA
Shall be determined by measuring around the exterior of the
foundation walls or foundation structure of buildings, and shall include
the floor area of porches.
BUILDING COVERAGE
That percentage of the lot area covered by the combined areas
of all buildings or structures on the lot, excluding any building
or structure located underground.
BUILDING FRONT LINE
The wall or walls of a building which are closest to an adjacent
street line.
[Added 6-3-2010 by L.L. No. 2-2010]
BUILDING HEIGHT
The vertical distance, in the case of flat roofs, from the
curb level, where it has been established, to the highest point of
the roof at the street wall, or, in other cases, the vertical distance
from the mean level of the ground surrounding the building to the
highest point of the roof at the street wall. In the case of pitched
roofs, it is measured to the average height of the gables.
BUILDING, NONCONFORMING
A building, lawfully existing at the time of adoption, amendment
or revision of this chapter, that does not conform to the regulations
of the use district in which it is situated by reason of such adoption,
amendment or revision.
[Amended 12-2-1999 by L.L. No. 3-1999]
BUILDING, SEPARATE
For the purpose of these regulations, each of the independent
units into which a building is divided by party walls, except in group
garages, shall be regarded as a "separate building."
CABARET
A fully enclosed eating and/or drinking establishment where
live entertainment or live music is provided, or where music is provided
and dancing is permitted.
CANOPY
A freestanding, unenclosed, roofed structure, whether or
not connected to or supported by the structure or building from which
it extends.
[Added 11-1-1984 by L.L. No. 2-1984]
CANOPY SIGN
A canopy, or sign attached thereto, with lettering or pictorial
matter attached to or inscribed on it.
[Added 11-1-1984 by L.L. No. 2-1984]
CHECK-CASHING BUSINESS
A business whose principal activity shall entail the cashing
of checks. In no event shall the term "check-cashing business" include
a federally insured bank or financial institution. It shall also not
include any business which cashes checks ancillary to a use which
is a permitted use within a particular business or industrial zone.
[Added 9-10-1998 by L.L. No. 6-1998]
CLEAR FLOOR AREA (IN A DWELLING)
The floor space having a minimum ceiling height of seven
feet six inches, but does not include attached or built-in garages,
open porches or terraces or rooms below grade.
CLUB
A voluntary organization, with facilities catering principally
to members and their guests for recreational, athletic, health or
social purposes.
CODE ENFORCEMENT OFFICER
Superintendent of Building, or Senior Building Inspector
or Building Inspector of the Village of Westbury, or their delegates
or assistants.
[Added 4-17-1986 by L.L. No. 1-1986]
COLLATERAL LOAN BROKER "PAWN BROKER"[Added 9-10-1998 by L.L. No. 6-1998]
Includes any person, partnership or corporation:
(1)
Loaning money on deposit or pledge of personal
property, other than securities or printed evidences of indebtedness;
(2)
Dealing in the purchasing of personal property
on condition of selling back at a stipulated price; or
(3)
Designated or doing business as furniture storage
warehousemen, and loaning and advancing money upon goods, wares or
merchandise pledged or deposited as collateral security.
COMMISSION
The Landmarks Preservation Commission established pursuant
to this chapter.
[Added 11-15-1988 by L.L. No. 6-1988]
CONSTRUCTION SIGN
A sign used on premises where construction, demolition, alteration,
repair or renovations are in progress displaying only the name, profession,
address and telephone number of the contractor, builder, owner, architect
or engineer associated with the project, type of occupancy and the
date of expected completion or occupancy.
[Added 11-1-1984 by L.L. No. 2-1984]
COURT, INNER
An open, unoccupied space on the same lot with a building
not extending to either the street or the rear yard.
COURT, OUTER
An open, unoccupied space on the same lot with a building
extending to either the street or rear yard.
COURT, OUTER, DEPTH OF
The distance which it projects into the building from the
outer wall thereof. The width of an outer court is its other horizontal
dimension.
DETACHED OR FREESTANDING SIGN
A sign which is suspended from or attached to or supported
by one or more columns, uprights or braces imbedded in the ground
and in which neither the sign nor the supports thereof are attached
to or dependent on any building for support or bracing.
[Added 11-1-1984 by L.L. No. 2-1984]
DIRECTIONAL SIGN
A sign which is located outdoors and is used for guidance,
instruction or direction of traffic control.
[Added 11-1-1984 by L.L. No. 2-1984]
DOMESTIC OR HOME HEALTH CARE OR MEDICAL CARE WORKER
A person employed by one or more persons resident in a family
who may occupy dwelling space provided as part or all of his or her
compensation without payment of rent for the purpose of rendering
domestic or home health care or medical care services solely for one
or more of the residents or for the separate building or dwelling
unit. The dwelling space provided for a domestic or home health care
or medical care worker may include a separate bedroom and bathroom
but shall not include a separate kitchen [as defined in Subsection
B(3)(i) of the definition of "family" below] nor shall such dwelling
space include a separate entrance from the outside to the room or
rooms provided for him or her, all as defined in this section.
[Added 2-6-1992 by L.L. No. 2-1992]
DOOR, FRONT
The door located on the front line of a building. Where the
front door of the building is not apparent from visual observation,
it shall be determined from two or more of the following facts:
[Added 6-3-2010 by L.L. No. 2-2010]
(1)
The original approved plans of the building indicating the building's
front;
(2)
The location of the largest or larger of the building's entrance
doors;
(3)
The official United States Postal Service address of the building;
and
(4)
The location of a doorbell or a United States Postal Service
mail slot or box.
DOUBLE-FACED SIGN
A sign having its opposite surface areas used in any manner
described under the term "sign" as defined in this section.
[Added 11-1-1984 by L.L. No. 2-1984]
DWELLING, MULTIFAMILY
A building or portion of a building designed for or occupied
as a home or residence by three or more families living independently
of each other.
DWELLING, SINGLE-FAMILY
A building designed for and occupied exclusively as a home
or residence for not more than one family.
DWELLING, TWO-FAMILY
A building designed for and occupied exclusively as a home
or residence for not more than two families.
DWELLING UNIT
A structure or building, or part thereof, or an area, room
or rooms therein, or a part of a separate building, as defined in
this section, occupied or to be occupied by one or more persons as
a home or residence.
[Added 4-17-1986 by L.L. No. 1-1986;
amended 2-6-1992 by L.L. No. 2-1992]
ERECT
To build, reletter, construct, alter, repair, paint, display,
relocate, attach, hang, place, suspend, affix or maintain.
[Added 11-1-1984 by L.L. No. 2-1984]
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and
components and all of the outer surfaces of an improvement, including
but not limited to the kind and texture of the building material and
the type and style of all windows, doors, lights, decorations and
other fixtures appurtenant to such improvement.
[Added 11-15-1988 by L.L. No. 6-1988]
FACADE
That part of the exterior face of a building, the top of
which is more than three feet but not in excess of six feet above
the roofline of the building and which was an integral part of the
building when the structure was erected.
[Added 11-1-1984 by L.L. No. 2-1984]
FACADE SIGN
A sign erected on a facade.
[Added 11-1-1984 by L.L. No. 2-1984]
FAMILY[Amended 2-6-1992 by L.L. No. 2-1992]
(1)
One or more persons, all living together as
a single, stable and bona fide housekeeping unit, so long as such
persons together occupy and either own, lease or rent the whole of
a separate building or dwelling unit in a family-like living arrangement
as the functional and factual equivalent of a natural family and use
all rooms and housekeeping facilities in common, and no more than
one domestic or home health care or medical care worker; provided,
however, that in any separate building or dwelling unit occupied by
a family of four or fewer persons, there may be added no more than
one boarder, roomer or lodger, and provided that in any family of
three or fewer persons, there may be added no more than two boarders,
roomers or lodgers, all as defined in this section.
(2)
Any such number of persons shall not be deemed
to constitute a "family" if:
(a)
Any one of such persons may not have lawful
access to all parts of the separate building or dwelling unit;
(b)
Any one or more of such persons lease or rent
any separate portion of such separate building or dwelling unit from
any other person, except for one or two boarders, roomers or lodgers,
as provided in Subsection B(1) above; or
(c)
Such persons shall occupy the separate building
or dwelling unit as a boarding, rooming or lodging house, nursing
or convalescent home, dormitory, fraternity or sorority house, hotel,
motel or inn or other similar housing facility, except for one or
two boarders, roomers or lodgers, as provided in Subsection B(1) above.
(3)
It shall be presumed that a separate building
or dwelling unit is occupied by more than one family if any two or
more of the following features may be found to exist on the premises
by the Superintendent of Buildings or Code Enforcement Officer, unless
it is otherwise rebutted by evidence presented to the Superintendent
of Buildings or Code Enforcement Officer by the owner or resident
of the separate building or dwelling unit that it is occupied by one
family, all as defined in this section:
(a)
More than one mailbox, mail slot or post office
address.
(b)
More than one doorbell or doorway on the same
side of the separate building or dwelling unit.
(c)
More than one electric meter.
(e)
More than one connecting line for cable television.
(f)
Separate entrances for segregated portions of
the separate building or dwelling unit.
(g)
Partitions or locked internal doors barring
access between segregated portions of the separate building or dwelling
unit, including bedrooms, except for the rooms of no more than one
or two boarders, roomers or lodgers, as provided in Subsection B(1)
above.
(h)
Separate written or oral leases or rental agreements
or the payment of rent for portions of the separate building or dwelling
unit among its owner and residents, except for one or two boarders,
roomers or lodgers, as provided in Subsection B(1) above.
(i)
Two or more kitchens, each of which contain
a range or oven and refrigerator and sink.
(4)
The Superintendent of Buildings or Code Enforcement
Officer shall make the determination as to the application of this
definition of "family" for the purposes of compliance with any provisions
of this Zoning Chapter and the New York State Uniform Fire Prevention
and Building Code, based upon his or her inspection of the premises,
any information he or she may receive from the residents thereof or
any other persons or documentary, or any other written evidence as
to the condition of the premises or the relationship and living arrangements
of the residents, whether or not listed in Subsection B(3) above,
in consultation with the Village Attorney, and the determination of
the Superintendent of Buildings or Code Enforcement Officer shall
be final, subject to review of or appeal to the Board of Appeals and
judicial review as provided by law.
[Amended 12-2-1999 by L.L. No. 3-1999]
FLAG LOT
A lot, formed or proposed to be formed either by the subdivision
of an existing lot or the assemblage of lots or portions of existing
lots, which contains insufficient front yard width and frontage.
[Added 5-4-2000 by L.L. No. 3-2000]
FLOOR AREA
The sum of the horizontal areas of all floors of a building
measured to the exterior of the outside walls of such building.
[Amended 5-3-1990 by L.L. No. 1-1990]
FLOOR AREA RATIO (FAR)
The gross floor areas of all buildings on a lot, divided
by the lot area.
[Amended 5-3-1990 by L.L. No. 1-1990]
GARAGE, COMMUNITY OR GROUP
One which is one story in height used for the storage of
automobiles in separate units or with a common means of access and
not used for service or making repairs to automobiles.
GARAGE, PRIVATE
A completely enclosed building used for the storing, keeping
or parking of not more than two vehicles for private use and as otherwise
permitted under this chapter. Said "private garage" shall not have
a floor area exceeding 500 square feet and shall not have a height
greater than 15 feet to the roof ridge and shall not have a vehicle
door entrance greater than eight feet in height.
[Amended 10-6-1994 by L.L. No. 4-1994; 2-16-1995 by L.L. No.
1-1995; 12-2-1999 by L.L. No. 3-1999]
GARAGE, PUBLIC
A building, other than a private garage, one or more stories
in height, used for the storage or repair of automobiles.
GASOLINE SERVICE STATION OR MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of motor fuels or motor
vehicle accessories and which may include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including body
work, major structural repair or painting thereof by any means.
GROSS FLOOR AREA
The sum of the horizontal areas of all floors of a building,
measured to the exterior of the outside walls of such building, but
not to include attached or built-in garages, parking structures, mechanical
equipment rooms, porches, courts or terraces, stairways, elevators
and rooms whose basement finished floor is below grade with finished
floor immediately above less than seven feet above the average elevation
of the finished grade and which are used for storage only by the occupants
of the building. The term "gross floor area," as used herein, shall
include the sum of the horizontal areas of all basement or cellar
rooms, irrespective of the floor-to-ceiling height thereof, measured
to the exterior of the foundation, that are used or intended to be
used for human occupancy.
[Added 5-3-1990 by L.L. No. 1-1990]
HISTORIC DISTRICT
Any area that contains improvements which have a special
character or special historic, architectural or aesthetic interest
or value and has been designated as a historic district pursuant to
this article.
[Added 11-15-1988 by L.L. No. 6-1988]
HOTEL
A residence building differing from an apartment house in
that it is built for transient, instead of permanent, residence and
individuals or families are not allowed to do their own cooking on
the premises.
ILLUMINATED SIGN
A sign illuminated by an artificial source of light, whether
internally or externally.
[Added 11-1-1984 by L.L. No. 2-1984]
IMPROVEMENT
Any building, structure, place, work of art or other object
constituting a physical betterment of real property, or any part of
such betterment.
[Added 11-15-1988 by L.L. No. 6-1988]
IMPROVEMENT PARCEL
The unit of real property which includes a physical betterment
constituting an improvement and the land embracing the site thereof
and is treated as a single entity for the purpose of levying real
estate taxes; provided, however, that the term "improvement parcel"
shall also include any unimproved area of land which is treated as
a single entity for such tax purposes.
[Added 11-15-1988 by L.L. No. 6-1988]
INSTITUTIONAL SIGN
A sign used by a hospital, library, museum or school (public
or private) to convey information to the public regarding such institution
or its premises.
[Added 11-1-1984 by L.L. No. 2-1984]
LANDMARK
Any improvement, any part of which has a special character
or special historical or aesthetic interest or value as part of the
development, heritage or cultural characteristics of the Village,
state or nation and which has been designated as a landmark pursuant
to the provisions of this article, including landmark sites and historic
districts.
[Added 11-15-1988 by L.L. No. 6-1988]
LANDMARK SITE
An improvement parcel or part thereof on which is situated
a landmark and any abutting improvement parcel or part thereof used
as and constituting part of the premises on which the landmark is
situated and which has been designated as a landmark site pursuant
to the provisions of this chapter.
[Added 11-15-1988 by L.L. No. 6-1988]
LANDSCAPE FEATURE
Any grade, body of water, stream, rock, plant, shrub, tree,
path, walkway, road, plaza, fountain, sculpture or other form of natural
or artificial landscaping.
[Added 11-15-1988 by L.L. No. 6-1988]
LIGHTING DEVICE
A continuous source of light, string or group of lights located
or arranged to cast light.
[Added 11-1-1984 by L.L. No. 2-1984]
LOADING SPACE
An open, paved area of land, other than a street or public way, the principal use of which is for standing, loading and unloading of trucks, tractors and trailers to avoid undue interference with the public use of streets (and alleys). For size specifications, exclusive of access aisles and maneuvering space, see §
248-280E hereof.
LOT
A parcel of land occupied by one 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 AREA
The total horizontal area of a lot contained within its lot
lines.
LOT, CORNER
[Amended 6-3-2010 by L.L. No. 2-2010]
(1)
A parcel of land at the junction of and fronting on two or more
intersecting streets; or
(2)
A parcel of land with two or more sides facing a single street.
LOT, DEPTH OF
The mean distance from the street line of the lot to its
rear line, measured in the general direction of the side lines of
the lot.
LOT FRONTAGE
The extent of a lot along a public street or highway that
provides the actual access for the lot, and which street or highway
shall be suitably improved to the satisfaction of the Planning Board
or a performance bond posted therefor.
[Amended 12-2-1999 by L.L. No. 3-1999]
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
MARQUEE
A permanent, roofed structure which is either wholly or partially
supported by the building to which it is attached and which projects
over public or private property.
[Added 11-1-1984 by L.L. No. 2-1984]
MARQUEE SIGN
A sign attached to, inscribed on or constructed in a marquee.
[Added 11-1-1984 by L.L. No. 2-1984]
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist, or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
[Added 3-20-1997 by L.L. No. 3-1997]
MINOR WORK
Any change in, addition to or removal from the parts, elements or materials of an improvement, including but not limited to the exterior architectural features thereof, the surfacing, resurfacing, painting, treating, renovating, restoring or rehabilitating of the exterior architectural features in any manner that does not significantly alter their appearance where such work does not constitute ordinary repairs and maintenance and where a permit from the Superintendent of Buildings is not otherwise required by Chapter
79, Building Construction, or Chapter
184, Plumbing and Drainage, of this Code.
[Added 11-15-1988 by L.L. No. 6-1988]
MOBILE SIGN
A sign mounted upon or affixed to a vehicle or trailer-type
chassis, not permanently anchored to the ground and capable of being
transported as a unit over public roads and streets.
[Added 11-1-1984 by L.L. No. 2-1984;
amended 4-2-2009 by L.L. No. 4-2009]
MULTIFACED SIGN
At least three or more single-faced signs of the same size,
the vertical sides of which are substantially fastened to each other
to form a continuous sign area and securely mounted or affixed to
a pole or post imbedded in the ground. The bottom of such signs shall
be parallel to the ground and equidistant therefrom.
[Added 11-1-1984 by L.L. No. 2-1984]
NONCONFORMING SIGN
A sign which does not comply with the provisions of this
chapter.
[Added 11-1-1984 by L.L. No. 2-1984]
OCCUPANCY SIGN
A sign advertising on a recently constructed building or
structure only the name, business and profession of future tenants
or occupants of the building or structure and the date of expected
occupancy.
[Added 11-1-1984 by L.L. No. 2-1984]
ORDINARY REPAIRS AND MAINTENANCE
Any work done on any improvement or the replacement of any part of an improvement for which a permit issued by the Superintendent of Buildings is not required by Chapter
79, Building Construction, or Chapter
184, Plumbing and Drainage, of this Code, and where the purpose and effect of such work or replacement is to correct any deterioration or decay of, or damage to, such improvement or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.
[Added 11-15-1988 by L.L. No. 6-1988]
OWNER
Any person or persons having such right, title or interest
in any improvement so as to be legally entitled, upon obtaining the
required permits and approvals from the agencies having jurisdiction
over building construction, to perform with respect to such property
any demolition, construction, reconstruction, alteration or other
work. The owner or any other person having the right to possession
of a dwelling unit.
[Added 4-17-1986 by L.L. No. 1-1986;
amended 11-15-1988 by L.L. No. 6-1988]
PARKING AREA
An open, paved area of land, other than a street or public way, the principal use of which is for the parking of automobiles. For size specifications, see §
248-272 hereof.
PARKING, AT-GRADE UNDER-BUILDING
Any parking which takes place at grade under a building (other
than a single-family dwelling or a two-family dwelling) shall include
all at-grade under-building parking provided, including without limitation,
parking in individual enclosed private garages assigned to individual
apartment units or commercial units or parking in an enclosed or nonenclosed
private or public parking area. Parking at grade under a building
shall include all auto usage driveways or other means of access to
or egress from any such parking spaces.
[Added 6-16-2005 by L.L. No. 4-2005]
PARKING SPACE
An off-street space, available for the parking of one motor
vehicle on a transient basis, having the required minimum dimensions
(exclusive of passageways and driveways appurtenant thereto) and giving
access thereto, and having direct usable access to a street.
PARKING, TIERED
Any parking which takes place on one or more levels of a
multilevel building or structure. The definition of "tiered parking"
shall also include underground parking but shall not include at-grade
parking or depressed at-grade parking surrounding a building.
[Added 9-21-1989 by L.L. No. 6-1989]
PARKING, UNDERGROUND
Parking which takes place in an enclosed facility located
entirely below grade. "Underground parking" shall not include depressed
at-grade parking surrounding a building.
[Added 9-21-1989 by L.L. No. 6-1989]
PEEP SHOW
A theater which presents material in the form of live shows,
motion pictures, films, videotapes or slides, viewed from an individual
enclosure, for which a fee is charged and which is not open to the
public generally but excludes any minor by reason of age.
[Added 3-20-1997 by L.L. No. 3-1997]
PERSON
Includes persons, corporations or associations.
[Amended 12-2-1999 by L.L. No. 3-1999]
PROFESSIONAL OFFICE
The office of a person engaged in an occupation in which
knowledge in some department of science or learning is applied to
the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of an art founded
on such knowledge.
PROFESSIONAL SIGN
A sign used to designate the professional office of a professional
practitioner or professional corporation located on the premises on
which the sign is erected. The wording of such sign shall be limited
to the name of the professional practitioner or professional corporation,
the title, profession, telephone number, type of service and times
available for such service by the named practitioner or professional
corporation.
[Added 11-1-1984 by L.L. No. 2-1984]
RELIGIOUS SIGN
A sign erected on the premises of a place of public worship
to identify same and to give the times of worship, announcement of
events and religious messages.
[Added 11-1-1984 by L.L. No. 2-1984]
RENT
A return, in money, property or other valuable consideration
(including payment in kind or for services or other thing of value)
for use and occupancy or the right to use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
[Added 4-17-1986 by L.L. No. 1-1986]
RENTAL DWELLING UNIT
A dwelling unit established, occupied, used or maintained
for rental occupancy.
[Added 4-17-1986 by L.L. No. 1-1986]
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use.
[Added 4-17-1986 by L.L. No. 1-1986]
RESTAURANT
A business enterprise, or that portion thereof, engaged in
the preparation and retail sale of food and beverages selected from
a full menu by patrons seated at a table or counter, served by a waiter
or waitress, and consumed on the premises. The term "restaurant" does
not include a bar, cabaret or fast-food restaurant.
RESTAURANT, FAST-FOOD
A business enterprise primarily engaged in the retail sale
of food and beverages served in disposable containers and selected
by patrons from a limited number of prepared, specialized items, such
as, but not limited to, hamburgers, chicken, fish and chips, pizza,
tacos and hot dogs, for consumption either on or off the premises,
in a facility where a substantial portion of the sales to the public
may be by drive-in or stand-up service. The term "fast-food restaurant"
shall not include bakeries, delicatessens or similar types of retail
establishments.
REVOLVING SIGN
A sign which revolves about on an axis.
[Added 11-1-1984 by L.L. No. 2-1984]
ROOFLINE
The top edge of the roof or the top of the parapet, whichever
forms the top line of the building silhouette.
[Added 11-1-1984 by L.L. No. 2-1984]
ROOF SIGN
A sign which is painted on or erected upon or above the roofline
of a building, except a facade sign as defined in this section.
[Added 11-1-1984 by L.L. No. 2-1984]
SHED
A completely enclosed building used for storage. Said shed
shall have a height no greater than eight feet and shall not have
a floor area exceeding 100 square feet.
[Added 12-2-1999 by L.L. No. 3-1999]
SIGN
A means of conveying information, as a name, product, service,
slogan or other form of advertisement that is displayed for public
view, and which may consist of letters, symbols, lights or pictorial
matter, mounted on wood, metal, paper, fabric or other material or
directly on the exterior of any building or structure or a window
display area visible from the exterior of any building or structure,
including, without being limited to, all signs defined in this section,
but shall not include a sign erected by any federal, state, county,
town, Village or public authority, governmental district or agency
in the discharge of its functions, duties or powers. The term "sign"
shall include all parts thereof.
[Added 11-1-1984 by L.L. No. 2-1984]
SOFFIT SIGN
A sign affixed to the underside of a roof overhang.
[Added 11-1-1984 by L.L. No. 2-1984]
SPECIALIZED SENIOR HOUSING FACILITY OR FACILITIES[Added 7-15-1999 by L.L. No. 2-1999]
Any building(s) providing efficiency, one- or two-bedroom
units with common dining and recreational facilities for persons at
least 65 years old. In the case of a couple, only one must be at least
65 years old. A specialized senior housing facility must include at
least the following:
(1)
Kitchen and dining room facilities offering
at least one common meal to all residents each day.
(2)
A call-button monitoring or equivalent system
in each unit for emergency calls by individuals directly to supervisory
staff on premises.
(3)
Twenty-four-hour security for buildings and
grounds and locking mechanism for each dwelling unit.
(4)
A medical history on file for each permanent
resident, including a record of each resident's personal physician.
(5)
On-premises, in-house sale and distribution
of personal services and food items for residents of the facility,
including but not limited to barber and beauty shop services, food
vending machines, snack services and convenience goods as well as
medical supplies.
(6)
Regularly scheduled laundry and housekeeping
services.
(7)
Indoor and outdoor recreational areas, with
appropriate recreational programs supervised by qualified personnel.
(8)
Library, educational and social facilities.
(9)
Transportation for residents from the facility
to shopping, medical, recreational and other major desired points
of designation.
(10)
Is equipped to provide medication monitoring
by its own staff, or will cause such medication monitoring to be provided
by qualified outside personnel, if such medication monitoring is necessary
or requested.
(11)
Has an arrangement in place with doctors and
hospitals in close proximity to the facility to provide necessary
medical care to the residents of such facility on a priority basis.
(12)
Is equipped to provide necessary personal care
aide services on site through its own staff, or will cause such services
to be provided by qualified outside personnel if such services are
necessary or requested.
(13)
Any and all certifications, licenses and approvals
required of such facilities or their health care providers by the
State of New York shall be obtained prior to operation of such facility.
STREET
Includes any road, highway, street or avenue within said
Village.
[Added 12-2-1999 by L.L. No. 3-1999]
STREET LINE
The dividing line between the street and lot.
STRUCTURE
A combination of materials, other than a building, to form
a construction that is safe and stable, including but not limited
to stadiums, tents, reviewing stands, pools, outdoor fireplaces, sheds,
radio towers, exterior bins, fuel pumps, platforms, including platforms
as part and parcel of recreational equipment, recreational equipment
having a height exceeding 61/2 feet, walls or fences over four feet
in height and display signs; the word "structure" shall be construed
as though followed by the words "or part thereof."
[Added 10-6-1994 by L.L. No. 3-1994]
SWIMMING POOL
Intended to mean and include any body of water or receptacle
for water having a depth at any point greater than two feet, and used
or intended to be used for swimming or bathing, and permanently constructed,
installed or maintained in or above the ground outside a residential
building on private or public property within the Village limits.
SWING OR CURB SIGN
A double-faced, free-swinging sign suspended from a frame
whose base rests on the ground and provides the only support for such
sign.
[Added 11-1-1984 by L.L. No. 2-1984]
TATTOO
A mark, on the body of a person, made with indelible ink
or pigments injected beneath the outer layer of the skin.
[Added 6-4-2009 by L.L. No. 6-2009]
TATTOOIST
Any person who applies a tattoo to the body of any other
person.
[Added 6-4-2009 by L.L. No. 6-2009]
TATTOO STUDIO
Any premises in which a tattooist applies a tattoo to the
body of any other person.
[Added 6-4-2009 by L.L. No. 6-2009]
TEMPORARY PUBLIC INTEREST SIGN
A sign erected by a religious, educational, charitable, political
or civic organization or a political candidate for not more than 45
days within any one-year period.
[Added 11-1-1984 by L.L. No. 2-1984]
TERRACE
An open porch without a permanent roof.
TRAILER OR CAMP CAR
Any vehicle designed or equipped to be used, or used for
sleeping, living or eating.
USE
The purpose for which land, water or a building or structure
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORY
A use which is customarily incidental and subordinate to
the principal use on a lot and located on the same lot therewith.
USE, NONCONFORMING
A use, lawfully existing at the time of adoption, amendment
or revision of this chapter, that does not conform to the regulations
of the use district in which it is situated by reason of such adoption,
amendment or revision.
[Amended 12-2-1999 by L.L. No. 3-1999]
VEHICLE, COMMERCIAL
Any truck, tractor, trailer, tractor-trailer combination,
self-propelled or towed equipment, bus and any motor vehicle, other
than the above, that is now or hereafter may be classified as a "commercial
vehicle" for registration purposes by the Commissioner of Motor Vehicles
of this state.
VILLAGE
Refers to the Incorporated Village of Westbury, County of
Nassau, State of New York.
[Added 12-2-1999 by L.L. No. 3-1999]
WALL SIGN
A single-faced sign attached to, incorporated into or painted
on the exterior wall of a building or structure facing a public street
or public or private parking field advertising only the business or
activity conducted on the premises where the sign is erected or located.
[Added 11-1-1984 by L.L. No. 2-1984]
WINDOW SIGN
A sign temporarily or permanently attached to, affixed upon
or situated in or upon the interior or exterior of a window of a building
or structure in such manner as to be visible from any public or private
street or parking lot (including lettering painted, impressed or affixed
upon the surface of such window) and used for advertisement, announcement,
notice, directional matter, company name, trade name or other information,
but such term shall not include any merchandise displayed in, or visible
through, such window.
[Added 11-1-1984 by L.L. No. 2-1984]
YARD
An open, unoccupied space on the same lot with the building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter. In the event that any accessory buildings,
including a private garage, is physically attached to the dwelling,
said accessory building, for purposes of calculating front yard, rear
yard, side yard and aggregate side yard, shall be considered to be
part of the dwelling unit or main building.
[Amended 11-16-1995 by L.L. No. 4-1995]
YARD, FRONT
A yard across the full width or length of the lot, extending
from the front wall of the building to the front line of the lot.
In the event that any accessory building, including a private garage,
which is not attached to a dwelling is constructed between the dwelling
unit and the front line of the lot, the front yard shall be the distance
between the front line of the accessory building or private garage
and the street line of the lot.
[Amended 11-16-1995 by L.L. No. 4-1995; 6-3-2010 by L.L. No. 2-2010]
YARD, REAR
A yard across the full width or length of the lot, extending
from the rear wall of the building to the rear line of the lot, which
yard is on the opposite side of the building from the front door,
as defined above. In the case of a corner lot, however, a rear yard
shall not extend into a front yard.
[Amended 6-3-2010 by L.L. No. 2-2010]
YARD, SIDE
A yard extending from the front yard to the rear yard, between
the building and the adjacent side line of the lot. In the event that
any accessory building, including a private garage, which is not attached
to a dwelling is constructed adjacent to and between the dwelling
unit and the side line of the lot, the side yard on the side where
the accessory building or private garage is constructed shall be the
distance between the accessory building or private garage and the
adjacent side line of the lot. In the case of a corner lot fronting
on two streets, there shall be only one side yard. In the case of
a corner lot which fronts on three or more streets, the existence
and location of a side yard or rear yard shall depend on the location
of the front door, as defined herein, and whether or not there exists
any part of the lot which does not front on a street.
[Amended 11-16-1995 by L.L. No. 4-1995; 6-3-2010 by L.L. No. 2-2010]