Definitions. For the purpose of this chapter, certain
words and terms shall have the following meanings:
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" or "accessory structure" may include a swimming pool, tennis court, garage, shed, pool house, greenhouse, deck, patio, unconditioned porch or other similar structure, none of which shall be designed for cooking or sleeping purposes, except those permitted pursuant to §
278-2B(7)(d).
[Amended 6-20-1997 by L.L. No. 13-1997; 3-15-2002 by L.L. No. 6-2002; 1-18-2013 by L.L. No.
1-2013; 3-2-2017 by L.L. No. 5-2017]
ALTERATION
As applied to a building or structure, a change or rearrangement
of the structural parts or in the exit facilities thereof; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location to another. The term “alter” in its
various modes and tenses and its participle form refers to the making
of an alteration. As used in this chapter, “remodel” or
“reconstruction” is synonymous with this definition. Repairs
or routine maintenance are not synonymous with this definition. By
way of example, the replacement of a roof or windows or doors in place
and in kind or an interior renovation that does not involve the installation
of new systems, such as plumbing, heating or electrical systems, would
not constitute an alteration for purposes of this chapter, but the
installation of new windows or doors that are not in the same place
and of the same kind as the existing ones or the introduction of new
kitchen or bath facilities or habitable space in an area of a building
not previously used as such would constitute an alteration.
[Amended 1-20-2012 by L.L. No. 2-2012]
APARTMENT
A room or grouping of rooms arranged and designed with provisions
for cooking, living, sanitary and sleeping facilities such that it
is suitable for occupancy by a single family on a long-term basis
as its principal residence during the period of such occupancy or
which, however arranged or designed, is in fact being used on such
basis for such purpose. An entire "single-family residence," as herein
defined, regardless of its actual occupancy or use, shall not constitute
an "apartment" unit.
ATTIC
The unfinished space between the ceiling joists of the top
story and the roof rafters.
[Added 3-15-2002 by L.L. No. 7-2002]
AWNING
An architectural projection that provides weather protection, identity and/or decoration and is wholly supported by the building to which it is attached. An awning shall be comprised of a lightweight, rigid or retractable skeleton structure over which a cloth fabric cover is attached. An awning shall be hung at least seven feet six inches above the sidewalk or grade. All awnings shall be made of fire-retardant materials. (See §
278-4G.)
[Added 12-15-1995 by L.L. No. 31-1995]
BUILDING
A structure with a roof supported by walls.
[Added 3-2-2017 by L.L.
No. 5-2017]
BUILDING, COMMERCIAL
A building devoted to a use permitted exclusively in the
Commercial/Core Commercial Districts and/or the Manufacturing-Industrial
District, regardless of the district in which the building is situated.
[Added 3-14-2008 by L.L. No. 3-2008]
BUILDING LINE WIDTH
The length of a line which is parallel or concentric to the
front lot line at the required principal building setback.
[Added 3-2-2017 by L.L.
No. 5-2017]
BUILDING, PRINCIPAL
A main building devoted to the principal use on a lot.
[Added 3-2-2017 by L.L.
No. 5-2017]
BULKHEAD ENCLOSURE
An enclosure with door panels housing a stairway that provides
ingress and egress to a cellar, commonly referred to as a "Bilco door."
[Added 3-2-2017 by L.L.
No. 5-2017]
CELLAR
That 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 curb level or finished grade
of the ground adjoining the building.
[Added 3-15-2002 by L.L. No. 7-2002; amended 6-19-2015 by L.L. No. 17-2015; 3-2-2017 by L.L. No. 5-2017]
CELLAR STAIRWELL
An unroofed space created by a soil retention structure allowing
ingress and egress to a cellar door, including the structure designed
and intended to retain the soil.
[Added 3-2-2017 by L.L.
No. 5-2017]
CHIMNEY
A vertical enclosure incorporated into a building containing
one or more passageways for conveying flue gases and smoke to the
outside atmosphere.
[Added 3-2-2017 by L.L.
No. 5-2017]
COVERAGE
In all residential districts, that percentage of lot area
covered by the ground floor area of all buildings sited thereon, together
with all other structures. In all other districts, that percentage
of lot area covered by the ground floor of all buildings sited thereon,
together with all other structures, including pavements and impermeable
surfaces except for walkways located on the property which are available
and open to the public and which connect public areas.
DISH ANTENNA
A structure having as its main purpose the reception of radio
signals from orbiting satellites or terrestrial sources. The term
shall include all satellite earth stations of whatever configuration.
Any base, pedestal, foundation, reflector, amplifier, lens, prism
or other device located out of doors and connected to or used in conjunction
with a dish antenna shall be deemed a part thereof.
FAMILY
[Added 11-19-1993 by L.L. No. 25-1993]
(1)
Any number of persons occupying a single-family
residence, related by blood, marriage or legal adoption, living and
cooking together as a single housekeeping unit.
(2)
Any number of persons occupying a single-family
residence, not exceeding three, living and cooking together as a single
stable and bona fide housekeeping unit where all are not related by
blood, marriage or legal adoption. A group of persons whose association
or relationship is transient or seasonal in nature, rather than of
a permanent and domestic character, shall not be considered a "family."
(3)
Notwithstanding the provisions of Subsection
(2) of this definition, a group of unrelated persons numbering more than three shall be considered a "family" upon a determination by the Zoning Board of Appeals that the group is functional equivalent of a family pursuant to the standards enumerated in Subsection
(5) herein. Notwithstanding the above, a group of persons whose association or relationship is transient or seasonal in nature, rather than of a permanent and domestic character, shall not be considered a "family" under any circumstances.
(4)
In determining whether a group of more than three unrelated persons constitutes a family for the purpose of occupying a single-family residence, as provided for in Subsection
(3) of this definition, the Zoning Board of Appeals shall utilize the standards enumerated in Subsection
(5) in making said determination. Before making a determination under this subsection, the Zoning Board of Appeals shall hold a public hearing, after public notice, in conformance with this Chapter
278 of the East Hampton Village Code.
(5)
In making a determination under Subsection
(4), the Zoning Board of Appeals shall find that:
(a)
The group is one which in theory, size, appearance
and structure resembles a traditional family unit.
(b)
The group is one which will live and cook together
as a single housekeeping unit.
(c)
The group is of a permanent nature and is neither
a framework for transient or seasonal living nor merely an association
or relationship which is transient or seasonal in nature. Nothing
herein shall preclude the seasonal use of a single-family residence
by a group which otherwise meets the standards of this subsection
at its permanent residence.
(d)
All other requirements of this chapter regarding
the use and occupancy of a single-family residence shall be complied
with.
(e)
Any determinations under this subsection shall
be limited to the status of a particular group as a family and shall
not be interpreted as authorizing any other use, occupancy or activity.
(f)
In no case shall a single-family residence have
more than one kitchen.
(g)
In no case shall the people occupying a single-family
residence have separate written or oral leases or rental arrangements
or the payment of rent for portions of the single-family residence
among its owners and residence.
FAST-FOOD RESTAURANT or DRIVE-IN
A use in a building in which food is prepared and sold over
a counter in disposable containers and wrappers, selected from a limited
menu for immediate consumption on or off the premises, with seating
provided on premises, but without table service by waiters or waitresses.
A fast-food restaurant might or might not have a drive-in or drive-through
service window at which a customer can place an order from a motor
vehicle or can receive a purchase at the vehicle. This term shall
not include a take-out food store.
[Amended 7-31-2008 by L.L. No. 7-2008]; 5-18-2018 by L.L. No.
9-2018]
FENCE
An enclosure or barrier made of wood, stone or other material
constructed on or around a parcel of property designed to either limit
access to an area or to screen such area from view, or both.
[Amended 10-16-2009 by L.L. No. 11-2009; 6-18-2010 by L.L. No.
6-2010; 3-2-2017 by L.L. No. 5-2017]
FLAG LOT
A type of lot (commonly flag-shaped in configuration) in
which street frontage is provided by a strip of land which is narrow
in relation to the remainder of the lot and which extends from the
main body of the lot to the street. A lot which does not physically
front on or abut a street, but which has access to a street by means
of an easement over other property, shall be deemed to be included
in this definition.
[Added 3-2-2017 by L.L.
No. 5-2017]
FRONTAGE
The minimum frontage of any lot on a public street and the
access width of any lot shall be 20 feet. Access width shall be measured
perpendicular to the sides of the strip of land or right-of-way within
the lot affording access to the street. However, in approving creation
of no more than four lots, whether by subdivision or by subdivision
waiver, the Planning Board may deem this definition to have been complied
with if the new lot shall have 20 feet or more frontage usable for
access on a common driveway, right-of-way or other similar property
which other property itself:
[Added 4-17-1992 by L.L. No. 9-1992; amended 12-17-1993 by L.L. No. 26-1993]
(1)
Leads to a public street.
(2)
Is 20 or more feet in width at all points.
(3)
Is subject to the terms of a duly recorded and
irrevocable legal instrument approved by the Planning Board which
provides that the property will be suitably improved to provide access
to the public street and will, in perpetuity, be available to the
new lot in question for such street access.
GARAGE
An accessory building or structure, accessible by a driveway,
designed and capable for use for the storage of motor vehicles owned
and regularly used by or on behalf of the owner or tenant of the lot
on which it is erected as an accessory to the permitted use of the
lot.
[Amended 6-6-2013 by L.L. No. 14-2013; 5-16-2014 by L.L. No.
5-2014; 3-2-2017 by L.L. No. 5-2017]
GARBAGE BIN
A shed-type building with a roof and walls constructed primarily
to house refuse containers which does not exceed dimensions three
feet deep by five feet in length by five feet in height.
[Added 3-2-2017 by L.L.
No. 5-2017]
GRADE, FINISHED
Natural surface of the ground, or surface of the ground after
completion of any change in contour.
[Added 3-15-2002 by L.L. No. 7-2002]
GROSS FLOOR AREA
The cumulative area in square feet of every story of any
building, part thereof or addition thereto, as measured to the exterior
face of the frame or masonry wall, but excluding cellars, attics,
spaces with less than five feet in height as measured from the floor
joists to the roof rafters, or unenclosed porches, unenclosed breezeways
or screened porches. The gross floor area of an accessory building
attached to a principal building by means of an unenclosed breezeway,
unenclosed or screened porch or roofed terrace shall be includable
in the gross floor area of accessory building, but the unenclosed
connection shall not. Stairwells and interior spaces with floor-to-ceiling
height in excess of 15 feet shall be counted twice.
[Amended 3-15-2002 by L.L. No. 7-2002; 3-16-2012 by L.L. No. 3-2012; 3-15-2013 by L.L. No.
10-2013; 7-31-2017 by L.L. No. 12-2017; 7-31-2019 by L.L. No. 8-2019]
GUEST ROOM
A conventional bedroom, with or without bathroom facilities,
being rented to paying guests, within an owner-occupied single-family
residence. The term shall also include a room in a bed-and-breakfast
or similar establishment, but does not include hotels, motels or inns.
Such bedroom shall not be occupied by more than two persons and shall
be at least 80 square feet in area. One residence may not contain
more than two guest rooms.
[Amended 2-20-1998 by L.L. No. 4-1998]
HOME OCCUPATION
Any gainful activity customarily conducted within a single-family
residence by the residents thereof that is clearly secondary to the
residential use; that requires no structural alteration of the building;
and which does not otherwise change the character of the building
as a residence. The activity shall not employ any nonresidents of
the dwelling and shall not occupy more than 25% of the gross floor
area of the dwelling, exclusive of the cellar, attic and open porch
floors, or 500 square feet, whichever is less. The home occupation
must be conducted within the principal dwelling of an owner/resident
thereof and, if conducted in the basement, shall be subject to the
same floor area limitations. There shall be no external evidence of
the activity, including audible noise, or parking of more than two
vehicles, other than those owned by the owner/resident, or signs,
other than one announcement sign not more than two square feet in
area, and no mechanical or electrical equipment shall be used except
customary household equipment. Home occupations shall not include
uses such as the following: barbershop or beauty parlor, restaurant,
breeding kennel, film studio, or antique or art dealer.
[Amended 1-18-2008 by L.L. No. 1-2008]
HOME PROFESSIONAL OFFICE
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the State of New York to practice a healing
art, lawyer, architect, artist, real estate broker or salesperson,
boat captain, insurance broker or agent or tutor. The activity shall
employ no more than one person and shall not occupy more than 1/3
of the total floor area of the dwelling, exclusive of the cellar,
attic and open porch floors, or 900 square feet, whichever is less.
The home professional office must be conducted within the principal
dwelling of the owner/resident thereof and, if conducted in the basement,
shall be subject to the same floor area limitations. There shall be
no external evidence of the office and associated activity, including
audible noise, or parking of more than four vehicles, other than those
owned by the owner/resident, or signs, other than one professional
sign. “Tutor” shall be restricted to a person giving individual
instruction in academic subjects to a single pupil at one time. A
home professional office shall not include the office of any person
professionally engaged in the purchase or sale of economic goods.
Dancing instruction, and instrument or piano or voice instruction,
tearooms, tourist homes, beauty parlors, barbershops, hairdressing
and manicuring establishments, convalescent homes, mortuary establishments,
and stores, businesses, or trades of any kind not herein excepted
shall not be deemed to be “home professional offices.”
The home professional office of a physician shall not include a biological
or other medical testing laboratory.
[Amended 1-18-2008 by L.L. No. 1-2008]
LOT
A lawfully created tract or parcel of land under one sole
or undivided ownership, occupied or capable of being lawfully occupied
by one building and the accessory buildings customarily incidental
to it, including such open spaces as are required by this chapter.
[Amended 5-16-2008 by L.L. No. 4-2008]
LOT DEPTH
The length of the shortest line that can be drawn from the
front lot line to the rear lot line which crosses the portion of the
lot on which a residence can be located.
[Added 3-2-2017 by L.L.
No. 5-2017]
LOT LINE, FRONT
A street right-of-way line at the front of a lot, except
that in the case of a flag-shaped lot, the front lot line shall be
any one of the internal lines designated by the owner, which designation,
once made, shall be permanent. No lot shall have less than 20 feet
on a public road or street, and at no point shall said lot be less
than 20 feet in width.
[Amended 9-21-1990 by L.L. No. 8-1990; 4-17-2009 by L.L. No. 4-2009]
LOT WIDTH, FRONT
The dimension measuring the shortest distance from side lot
line to side lot line at the required minimum front yard setback for
a principal building.
[Added 3-2-2017 by L.L.
No. 5-2017]
LOT WIDTH, REAR
The dimension measuring the shortest distance from side lot
line to side lot line at the required minimum rear yard setback for
a principal building.
[Added 3-2-2017 by L.L.
No. 5-2017]
NAMEPLATE
A type of sign specifying the name of a business which shall
be non-illuminated and shall not exceed two square feet in area.
[Amended 6-17-2005 by L.L. No. 13-2005]
NONCONFORMING BUILDING OR STRUCTURE
A building or structure lawfully existing on the effective
date of this chapter or any amendment thereto affecting such building
or structure, which does not conform to one or more current dimensional
regulations hereof for the district in which it is situated, irrespective
of the use to which such building or structure is put.
NONCONFORMING LOT
A lawfully created lot existing in single and separate ownership
at the effective date of this chapter or any amendment thereto affecting
such lot that does not have the lot area dimensions required by the
applicable district regulations.
[Added 5-16-2008 by L.L. No. 4-2008]
NONCONFORMING USE
Any use of a building, structure, lot, land or part thereof
lawfully existing on the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to one or more
current use regulations hereof for the district in which it is situated,
including those for which a special permit was granted during the
period of time when this chapter permitted the expansion or alteration
of a nonconforming use pursuant to a special permit. Permission to
temporarily conduct or continue a prohibited use granted by the Zoning
Board of Appeals prior to the effective date of this chapter or any
amendment thereto shall not be construed to establish a “nonconforming
use” as herein defined, and, therefore, any such permission
and the use which is authorized shall terminate upon the expiration
thereof.
[Amended 11-21-2014 by L.L. No. 21-2014]
OWNER-OCCUPIED
The continual use and physical presence of the person having
at least a fifty-percent legal or equitable interest in the premises.
[Added 8-21-2009 by L.L. No. 9-2009]
PARKING SPACE
A dust-free off-street space sufficient in size to accommodate
one parked motor vehicle and having an area of not less than 180 square
feet.
PEDESTRIAN WALKWAY
A freestanding path or walkway no greater than 48 inches
in width built substantially at finished grade consisting of stone,
brick or similar material designed and intended to lead pedestrians
to a destination.
[Added 3-2-2017 by L.L.
No. 5-2017]
PICKLEBALL COURT
A structure wholly or partially outdoors consisting of a
playing area of whatever composition used to engage in the game of
pickleball. A backstop, if constructed, consisting of netting, fencing
or similar material and designed to prevent the passage of play balls
shall be part of a pickleball court.
[Added 4-28-2023 by L.L. No. 6-2023]
PLAYING COURT
A structure, or part thereof, which is designed or used for
playing sports and consists of a playing surface of 375 square feet
or more. All associated netting, fencing, backstops and other improvements
shall be considered part of the playing court. Tennis courts, basketball
courts, handball courts, racquetball courts, volleyball courts, ice
rinks, pickleball courts, and other similar facilities shall be deemed
included in this definition.
[Added 3-2-2017 by L.L.
No. 5-2017; amended 4-28-2023 by L.L. No. 6-2023]
POOL HOUSE
An accessory structure or a portion of an existing accessory
structure customarily used in conjunction with a swimming pool.
[Added 6-20-1997 by L.L. No. 13-1997; amended 3-2-2017 by L.L. No. 5-2017]
POSTMAN'S WALKWAY
A freestanding path or walkway no greater than 48 inches
in width leading from a driveway or from a street front to a door
on a dwelling.
[Added 3-2-2017 by L.L.
No. 5-2017]
POWDER ROOM
A bathroom consisting of a sink and toilet but no shower
or bathtub.
[Added 3-2-2017 by L.L.
No. 5-2017]
PROFESSIONAL SIGN
A sign bearing the name and profession of the resident practitioner
which may not exceed two square feet in area.
RESTAURANT
A use in a building having as its sole purpose the preparation
and serving of food for consumption on the premises within furnished
dining areas, and including as a possible accessory the serving of
alcoholic beverages with meals, but not including any form of live
entertainment or dancing for guests. A restaurant shall not be construed
to include any form of drive-in, open-front, curb-service or fast-food
eating establishment or any form of tavern, bar, nightclub, discotheque
or similar entertainment establishment.
[Added 7-31-2008 by L.L. No. 7-2008; amended 5-18-2018 by L.L. No.
9-2018]
RETAINING WALL
A solid structure made of wood, stone, concrete or similar
materials designed for the retention of soil or fill material greater
than 12 inches in width and constructed with a structural footing.
[Added 3-2-2017 by L.L.
No. 5-2017]
ROOF, LOW PITCH
Any roof with a slope of less than seven inches of rise over
12 inches of run.
[Added 7-31-2019 by L.L.
No. 8-2019]
SETBACK
The distance which this chapter requires maintained between
a property line, natural feature (including edge of wetlands, dunes
and bodies of water) or other described place or thing and the nearest
point thereto of any building, structure or other named improvement.
SIGN
Any advertising structure, display board, screen, structure, shadow box, poster, mannequin, banner, pennant, cloth, bill, bulletin, painting, printing or other device or object or part thereof used to announce, identify, declare, demonstrate, display or in any manner advertise or attract the attention of the public by means of letters, words, figures or colors. See §
278-4.
SINGLE-FAMILY RESIDENCE
A residential use of land consisting of a detached and freestanding
building, commonly called a “house,” designed or arranged
for occupancy by one family, as defined herein, on a nontransient
basis. A single-family residence which is rented to, or occupied by,
a tenant or tenants for a term or terms of less than one month, excluding
two two-week periods during any one calendar year, shall be deemed
transient housing and is not permitted. A single-family residence
may not contain more than two guest rooms, as defined herein, and
may not contain more than one kitchen.
[Amended 9-17-1993 by L.L. No. 16-1993; 12-8-2009 by L.L. No. 13-2009]
SPECIAL PERMIT USE
A use permitted in one or more districts only if a special permit shall have been granted therefor, pursuant to §
278-7 of this Code.
STOOP
An unroofed staircase leading to the exit facilities of a
single-family or multifamily residence.
[Added 3-2-2017 by L.L.
No. 5-2017]
STORY
That portion of a building which is between one floor level
and the next higher floor level or roof. For the purpose of measuring
height by stories under the provisions of this chapter, one additional
story shall be added for any pilings, piers or other foundation which
causes the building to be elevated more than four feet above average
natural grade. In the case of a property located in a FEMA flood zone,
the area between the adjacent natural grade and the minimum required
first-floor elevation shall not be considered a story.
[Added 6-19-2015 by L.L.
No. 16-2015]
STREET
Any state, county or Village highway or road or any street
shown on a filed subdivision map and any private road providing access
to subdivided land.
[Added 3-2-2017 by L.L.
No. 5-2017]
STRUCTURE
Anything, including any building, which is constructed or
erected on or under the ground or the water or upon another structure
or building, including antennas, aerials, tennis courts, swimming
pools, decks and patios (including those set in sand) or other improvements,
whether or not intended to be temporary, seasonal or permanent.
[Amended 4-17-1992 by L.L. No. 9-1992; 7-31-2013 by L.L. No. 16-2013; 12-18-2015 by L.L. No. 23-2015; 3-2-2017 by L.L. No.
5-2017]
SWIMMING POOL
Any enclosure or container, either for public or private use, which encloses a body of water greater than six feet in any direction and contains water of a depth of 18 inches or more. See §
278-5.
TAKE-OUT FOOD STORE
A retail store wherein food and/or beverages are prepared,
served and sold over a counter for immediate consumption primarily
off premises and which may have a customer sitting area. A customer
sitting area shall be limited to no more than 16 seats, to eat within
or outside of the establishment, at one time. A take-out food store
includes, but is not limited to, delicatessens, ice cream parlors,
bakeries, tea/coffee houses and specialty gourmet shops. A take-out
food store excludes restaurants, fast-food restaurants or drive-in
restaurants, bars and taverns.
[Added 5-18-2018 by L.L.
No. 9-2018; amended 4-17-2020 by L.L. No. 2-2020]
TENNIS COURT
A structure whole or partially outdoors consisting of a playing
area of whatever composition used to engage in the game of tennis.
A backstop, if constructed, consisting of netting, fencing or similar
material and designed to prevent the passage of tennis balls shall
be part of a tennis court.
[Added 4-28-2023 by L.L. No. 6-2023]
TENT
Any structure, enclosure or shelter constructed of fabric
or pliable material supported in any manner, including but not limited
to a canopy, but not including an awning as that term is defined
in this section.
[Added 2-18-2005 by L.L. No. 3-2005]
TIMBER-FRAME LANDMARK
An individual property that has been designated as one of the group of timber-frame landmarks, 1700 to 1850, designated by the East Hampton Village Board of Trustees pursuant to §
176-3A of the Code (Preservation of Historic Areas).
[Added 1-18-2013 by L.L. No. 1-2013]
WINDOW SIGN
Any sign placed on the inside (within no more than four feet)
or outside of any window or door of any building which is visible
from a sidewalk, street or other public place, not including merchandise
on display. In the case of a real estate broker’s office, merchandise
shall be deemed to include photographs of properties for sale, provided
that the square footage of the photographic display does not exceed
25% of the window area of the storefront.
[Added 5-15-1998 by L.L. No. 6-1998; amended 6-17-2005 by L.L. No. 13-2005]
WINDOW WELL
The clear space created by a soil retention structure located
immediately adjacent to a window whose sill is lower than the adjacent
finished grade. This includes the structure designed and intended
to retain soil to allow the window to function and to provide pedestrian
egress from the cellar to the outside.
[Added 3-2-2017 by L.L.
No. 5-2017]
YARD, FRONT
The area of any lot with a building which lies between the
nearest portion of that building and the front lot line of the lot,
extending from side lot line to side lot line in the case of interior
lots. Corner lots shall have two such front yards situated between
the nearest portion of the building and the front lot line along each
street.
YARD, REAR
The area of any lot with a building which lies between the
nearest portion of the building and the rear lot line of the lot,
extending from side lot line to side lot line.
YARD, SIDE
The area of any lot with a building which lies between the
nearest portion of the building and the side lot line of the lot,
extending through from the front yard, or from the front lot line
where no front yard exists, to the rear yard or to the rear lot line
where no rear yard exists.