Village of Westbury, NY Definitions

The refacing or resurfacing of the exterior facade of an improvement in any manner that would substantially and significantly affect its exterior appearance.

An act or process which substantially and significantly changes one or more of the exterior architectural features of an improvement.

BILLBOARD OR BILLBOARD SIGN

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.

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:

Loaning money on deposit or pledge of personal property, other than securities or printed evidences of indebtedness;

Dealing in the purchasing of personal property on condition of selling back at a stipulated price; or

DETACHED OR FREESTANDING SIGN

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.

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]

The original approved plans of the building indicating the building's front;

The location of the largest or larger of the building's entrance doors;

EXTERIOR ARCHITECTURAL FEATURES

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.[1]

[Added 11-1-1984 by L.L. No. 2-1984]

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]

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.

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.

GARAGE, COMMUNITY OR GROUP

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.

(d)

More than one gas 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]

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]

A parcel of land at the junction of and fronting on two or more intersecting streets; or

ORDINARY REPAIRS AND MAINTENANCE

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, INTERIOR

A lot other than a corner lot.

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]

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:

Kitchen and dining room facilities offering at least one common meal to all residents each day.

A call-button monitoring or equivalent system in each unit for emergency calls by individuals directly to supervisory staff on premises.