Village of Lynbrook, NY Districts Established; Definitions

[1]

Editor's Note: Said Zoning Map is included in a pocket at the end of this volume.

For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:

(1)

Words used in the present tense include the future tense. The singular number includes the plural.

(2)

The word "person" includes a corporation, as well as a partnership, association or an individual.

(3)

The term "shall" is always mandatory.

(4)

The words "used" or "occupied," as applied to any land or buildings, shall be construed to include the words "intended," "arranged" or "designed" to be used or occupied.

(5)

The word "building" includes the words "structure" and "premises," and the word "premises" includes the building and land and also includes the words "vacant land."

(6)

The words "vacant land" shall include the word "premises."

(7)

Unless otherwise defined, the words used in this chapter shall have the meanings of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary.

[Added 3-15-2004 by L.L. No. 2-2004]

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

The actual cessation of a nonconforming use, coupled with the intent not to put the premises again to the same use. Where there is a nonuser of a nonconforming use for a period of one year, the use shall be deemed abandoned, unless there is proof offered of intent not to abandon such nonconforming use. A nonuser for two years shall constitute abandonment. The premises shall thereafter be put to a conforming use only.

ACCESSORY USE, BUILDING OR STRUCTURE

A use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure, not exceeding a total of 10% of the floor area of such use, building or structure.

[Amended 3-15-2004 by L.L. No. 2-2004]

AGRICULTURE, FARMING, TRUCK GARDENING, NURSERY OR GREENHOUSE

Includes the cultivation and the sale of food products, flowers or other usable growths of the field, farm or garden, tillage or husbandry, and excludes dairying, raising of livestock, fowl, birds or fish as a business.

ALTERATIONS, STRUCTURAL

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

APARTMENT HOUSE or MULTIPLE DWELLING

A building of any kind which is used or intended to be used or occupied as a residence by three or more families, as defined by the Multiple Residence Law of the State of New York.

AREA, BUILDING

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

AUTOMOBILE SERVICE STATION, GAS SERVICE STATION, GASOLINE STATION or FILLING STATION

A building, land or premises where the business carried on is the sale of gasoline, oil, accessories for motor vehicles or the servicing of or washing of motor vehicles, and includes only minor repairs and adjustments.

BASEMENT

That portion of a building which is partly underground but which has at least 50% of its interior height, measured from the floor to ceiling at the front of the building, above the average finished grade of the ground adjoining the building. Where the basement is finished, the aforesaid height shall be measured from the finished floor to the finished ceiling.

[Amended 3-15-2004 by L.L. No. 2-2004]

BEDROOM

A habitable space within a dwelling unit primarily used as sleeping quarters in excess of 70 square feet other than a dining room, bathroom, hallway, kitchen, recreation room, or cellar. No residential space may be used as a bedroom unless such space conforms to this definition.

[Amended 3-15-2004 by L.L. No. 2-2004]

BLOCK

A territory or street, sometimes called a "square block," which is commonly used to designate that section of a square block, so-called, fronting on a street between two intersecting streets.

BOARDINGHOUSE, ROOMING HOUSE or LODGING HOUSE

A building in which rooms, other than dwelling units, are rented with or without meals.

[Amended 3-15-2004 by L.L. No. 2-2004]

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front line of the lot.

BUILDING or PREMISES

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels. "Building" or "premises" shall mean and apply to both vacant and improved real property.

CELLAR

That portion of a building which is partly or wholly underground but which has less than 50% of its interior height, measured from floor to ceiling at its front or entrance, above the average finished grade of the ground adjoining the building. Where the basement is finished, the aforesaid height shall be measured from the finished floor to the finished ceiling.

[Amended 3-15-2004 by L.L. No. 2-2004]

CHURCH

Place of worship; a building used for public worship and other strictly religious uses in accordance with the discipline, rules and usages of a religious corporation which owns, supports, and maintains the same and of the ecclesiastical governing body, if any, to which such corporation is subject.

[Added 3-15-2004 by L.L. No. 2-2004]

CLUB

An association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests and are not extended to the general public.

COMMERCIAL VEHICLE

Any vehicle described in New York State Vehicle and Traffic Law § 401, Subdivision 7, (excepting historical motor vehicles) or the regulations of the Commissioner of the Motor Vehicle Bureau, including but not limited to buses, tractors, auto trucks and light delivery cars, taxi cabs and livery vehicles, hearses, non-Village ambulances, agricultural trucks, tow trucks, armored trucks, cabs and chassis, glaziers' trucks, non-recreational pickup trucks, vans or cargo vans (for the transportation of goods, wares and merchandise) and any other vehicle which is designed, marked or signed, outfitted or modified for use in business or commerce. Pick-up trucks are deemed "recreational" if they are four wheeled and are used solely for transportation of passengers and recreational items.

[Added 3-2-1998 by L.L. No. 1-1998]

COURT

An open unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines.

COURT, INNER

A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.

COURT, OUTER

A court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

CURB LEVEL

The officially established grade of the curb in front of the midpoint of the lot and for the purpose of measuring the height of any portion of a building is the mean level of the curb along the street frontage. Where no "curb level" exists, the grade will be determined by the Official Map of the Village.

DEPTH OF LOT

The mean distance from the street line of a lot to the rear line, measured at right angles to the street line.

DWELLING

A building containing one or more dwelling units which is designed, used or occupied for residential purposes.

[Amended 3-15-2004 by L.L. No. 2-2004]

DWELLING, MULTIPLE

See "apartment house" or "multiple dwelling."

DWELLING, ONE-FAMILY

A building designed for and occupied exclusively as a residence for not more than one family, containing a single kitchen, in which members of a family all live and cook together as a single housekeeping unit. Such a building shall not contain separate or segregated internal partitions or locked internal doors barring access between portions of the dwelling, including bedrooms.

[Amended 3-15-2004 by L.L. No. 2-2004]

DWELLING, TWO-FAMILY

A building containing two dwelling units, designed for and occupied exclusively as a residence of not more than two families, containing one kitchen in each dwelling unit. Such a building shall not contain separate or segregated internal partitions or locked internal doors barring access between portions of the dwelling units, including bedrooms.

[Amended 3-15-2004 by L.L. No. 2-2004]

DWELLING UNIT

A building, or entirely self-contained portion thereof, containing complete housekeeping facilities, including not more than one cooking facility, for only one family, and having no separate or segregated internal partitions or locked internal doors barring access between portions of the unit, including the bedrooms thereof, or having cooking or sanitary facilities in common with any other dwelling unit. A hotel, inn, boardinghouse, lodging house or rooming house, or nursing home or other similar home shall not be deemed to contain or constitute a dwelling unit.

[Amended 3-15-2004 by L.L. No. 2-2004]

EXISTING USE

The actual lawful use of the premises at the time this chapter is adopted or at the time a permit has been issued, provided that work has been actually done thereon or a valid contract has been made for such work within the intent of the permit and before the amendment of this chapter, insofar as it affects the use allowed under the permit or the adoption of a new Zoning Ordinance.

FAMILY

A family consists of one or more persons, whether or not related to each other by blood, marriage or adoption, all of whom live and cohabit together as a single, stable and bona fide housekeeping unit, provided that such persons together occupy and own, lease or rent the whole of the building or dwelling unit (and, if such exists, a separate accessory 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. Such number of persons shall not be deemed to constitute a "family" if any one of such persons may not have lawful access to all parts of the principal building or separate buildings or dwelling unit or if any one or more of such persons lease or rent any portion of such principal building and/or separate accessory building or dwelling unit from any other person.

[Amended 3-15-2004 by L.L. No. 2-2004]

FRONTAGE

That part of a building or land which fronts on or is bounded by a public street or place.

GARAGE, PRIVATE

A garage used for storage purposes only of vehicles and having a capacity of not more than three automobiles in one- or two-family dwellings, or not more than one automobile per family housed in the building to which such garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle, and space may be rented for not more than two vehicles of others than occupants of the building to which such garage is accessory.

GARAGE, PUBLIC

Any garage, other than a private garage available to the public, operated for gain, which is used for storage, rental, greasing, washing, servicing or adjusting of automobiles or other motor vehicles.

GARDEN-TYPE APARTMENT HOUSE

See "apartment house or multiple dwelling."

GRADE, ESTABLISHED

The elevation of the center line of the streets as officially established by the Village authorities.

GROSS FLOOR AREA

The area included within surrounding walls of a building, or portion thereof, exclusive of vent shafts and courts and stairwells, but including all floors.

HEIGHT OF BUILDING or BUILDING HEIGHT

The vertical distance measured, in the case of flat roofs, from the curb level to the highest point of the roof beams adjacent to the street wall and, in the case of pitched roofs, from the curb level to 1/2 the vertical gable slope as measured from the top plate of the structure. Where no roof beams exist or there are structures partly above the roof, the height shall be measured from the curb level to the highest point of the building.

[Amended 10-16-1995 by L.L. No. 13-1995; 8-14-2006 by L.L. No. 7-2006]

HOME BUSINESS

An accessory use to a dwelling for a properly certified physician, psychologist, physical, occupational, or speech therapist, chiropractor, licensed social worker, dentist, lawyer, engineer, architect, accountant, teacher or other similar professional person, operated solely by a resident of the dwelling and which may have up to one nonresident employee unless it involves medical care where the Village Board finds that two such employees are necessary. A home business requires a special use permit pursuant to § 252-121.

[Added 2-4-2002 by L.L. No. 1-2002]

HOME OFFICE

An accessory use to a dwelling which consists of a clerical, computer-related or other similar business activity operated within a dwelling solely by a resident of the dwelling, where no nonresident of the dwelling shall be employed and which generates no business related visits by nonresidents of the dwelling.

[Added 2-4-2002 by L.L. No. 1-2002]

HOTEL

[Repealed 10-26-1992 by L.L. No. 11-1992]

HOTEL, RESIDENTIAL

[Repealed 10-26-1992 by L.L. No. 11-1992]

INDUSTRIES

That branch of trade employing capital and labor in a business for moneymaking as distinguished from a profession.

LAUNDERETTE

An establishment where the public may wash and/or iron their clothes or textiles by hand or machine of home-automatic type furnished by the establishment and operated for gain.

LAUNDRY, PUBLIC

A building where laundry work is performed for the public by employees of the establishment for the purpose of gain and in which the washing and ironing of clothes and other textiles is accomplished by hand or machine, or by both.

LENGTH OF AN OUTER COURT

Is measured at right angles to the street line from the end opposite the end opening on a street or rear yard to the street line.

LIGHT MANUFACTURING

The manufacture of articles or the assembling of finished or unfinished manufactured parts by hand or machine, or both, as distinguished from heavy industry. Each machine used may have a motor of not more than five horsepower, except that a motor of greater horsepower may be used for air-conditioning and blower purposes, and where the noise caused by the operation of the machinery and odors are properly controlled within the walls of the building wherein such manufacturing or assembling is carried on. Repairing is intended to be included within the meaning of light manufacturing, except that the repairing of shoes, leather goods and wearing apparel shall not come within the definition of "light manufacturing."

LINE, STREET

The dividing line between a public or private street and a lot.

LOCATED

A particular place or spot, to designate the place, lot or plot.

LODGING HOUSE

See "boardinghouse."

[Added 3-15-2004 by L.L. No. 2-2004]

LOT

A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building that is united by a common interest or use, and the customary accessories and open spaces belonging to the same.

LOT, CORNER

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

LOT, DEPTH OF

A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

Any line dividing one lot from another.

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets.

LOT, WIDTH OF

The mean width measured at right angles to its depth.

MAJOR REPAIRS TO MOTOR VEHICLES

All repairs other than those listed as minor repairs.

MAKE AND MANUFACTURE

Are synonymous and mean work upon raw materials or upon finished or unfinished parts into a finished product; the assembling of parts into a finished product.

MINOR REPAIRS TO MOTOR VEHICLES

The following: To fix and repair tires; to install or repair distributor points; to clean, adjust and reinstall spark plugs; to renew and install new ignition wiring; to replace hose connections, whether connected with windshield wipers or circulation system; to repair or replace gasoline strainer or oil filter; to adjust brakes; to renew and replace all headlights, other light bulbs, the accessories thereto, and switches; to repair or replace fuel pump; to repair or replace coil; to renew, recharge and replace battery; to repair ammeter, and such other removal, replacement and adjustment and repairs similar in nature or character to the above. All other work on motor vehicles not included in this subsection will be regarded and deemed to be major repairs.

MOTOR VEHICLE REPAIR SHOP

A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.

NONCONFORMING USE

A structure or land lawfully occupied for a use that does not conform to the regulations of the district in which the premises are situated.

OPEN SPACE

An unoccupied space open to the sky upon the same lot with the building.

OUTHOUSE or OUTBUILDING

A building physically separate from and subordinate to the main house and main building.

PARKING FIELD

Ground or land upon which motor vehicles are transiently placed, and does not include the grounds of a private house, hotel, residential hotel, apartment or multiple dwelling or garden-type apartment.

PARKING SPACE

The area required for parking one automobile, which in this chapter is held to be an area eight feet wide and 20 feet long, exclusive of passageways for ingress and egress.

PLOT

A map, plan or layout of the Village, section or subdivision indicating the location of the boundaries of individual properties.

PORCH

What is generally known and designated as a porch, veranda, gallery, terrace, piazza, portico or a substantially similar common projection from the main or street wall of a building and not more than one story in height, without excavation below same.

REPAIRS

To restore to a sound state; to mend.

ROOF

The top or upper covering of a building or structure.

ROOF, FLAT

Of any building, a roof having a pitch of not more than six inches.

ROOF, PITCHED

Of any building, a roof having a pitch of more than six inches in a foot.

ROOMING HOUSE

See "boardinghouse."

[Amended 3-15-2004 by L.L. No. 2-2004]

SANITARIUM

A health retreat for the care of invalids, or an institution for the treatment of diseases.

SCHOOL

An institution consisting of a teacher or teachers regularly licensed as such to teach in public schools, and pupils, irrespective of age, gathered for instruction, exclusive of colleges or universities.

SIGN

Any movable board or contrivance upon which an advertisement appears. This shall not include the use of the name or emblem upon the building, nor shall it include usual board notices in or about church property.

STAND or VENDOR'S STAND

A place in the open where articles are displayed for the purpose of sale or promotion of sales or of samples of merchandise to be sold, whether contained upon boxes, crates or a framework of temporary or permanent character. Such display in a store or building within 10 feet of an open show window facing the street is hereby defined also as a stand or vendor's stand.

STORAGE

A degree of permanent use as distinguished from transient use.

STORE

A building or structure having a rear wall, side walls, store front, with open or closed show window or windows, a roof, floor and water connection, in which food or merchandise is kept or stored or offered for sale, either at wholesale or retail, and which building or structure complies with the provisions of the Building Code[1] of this Village.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and the ceiling next to it.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

STREET

A public or private thoroughfare which affords the principal means of access to abutting property.

STRUCTURE

A combination of materials, other than a building, to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.

TRANSIENT DWELLING UNIT

An entire dwelling unit, its surrounding property, structures and accessory buildings, or a room or group of rooms within a dwelling unit made available to rent, lease or otherwise assigned for an occupancy or use of less than 30 consecutive days to one or more persons who are not the owner, or a family member of an owner, of such dwelling unit. The term "transient dwelling unit" shall not include any lawfully permitted dormitories, any lawfully permitted hotel or motel rooms, bed-and-breakfast inns, boardinghouses, rooming houses or lodging houses, or business establishments operating exclusively for and catering to transient clientele (that is, persons who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business), or any lawfully operating medical, health care, nursing home, assisted living or other similar facility.

[Added 4-24-2023 by L.L. No. 2-2023]

(1)

There shall be a presumption that a property or dwelling unit is a transient dwelling unit if the property or dwelling unit is advertised or offered in any medium, including Airbnb, Home Away, VRBO, Swimply or similar short-term rental website, as being available for occupancy for a period of less than 30 days.

(2)

The foregoing presumption may be rebutted by documentary or other evidence presented and satisfactory to the Superintendent of Buildings that the property or dwelling unit is not a transient dwelling unit. In all such cases, the burden of proof to establish that a property or dwelling unit is not a transient dwelling unit shall be upon the owner or occupant of the property. Any person aggrieved by a determination of the Superintendent of Buildings in this regard may appeal such determination to the Board of Zoning Appeals.

(3)

For the purposes of defining a "transient dwelling unit," the term "owner" shall mean and include any individual or individuals, partnership, company or corporation or other organization in possession of and having a fee or life estate interest in the real property where a dwelling unit is located. The term "owner" also shall include a corporation, limited-liability company, partnership, association, trustee, or other business entity or nonbusiness form of ownership.

WALL, FRONT

The main wall of a building fronting on the street, excluding a porch, front bay window, vestibules and chimneys.

YARD DEPTH, REAR

The mean distance between the rear wall of the building and the rear line of a lot measured at right angles to the rear lot line.

YARD, FRONT

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the "front yard" shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required "front yard."

YARD, REAR

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot, or a center space between the rear of the main building and the garages, if any, on the side or rear lines of the lot. If there is an alley, then the "rear yard" of the lot shall be measured between the rear line of the lot or the center line of the alley and the rear line of the building. All garages placed on the lot shall be four feet from the side lines and rear lines of the lot.

YARD, SIDE

An open unoccupied space on the same lot between the building and side lot line and extending through from the front building line to the rear yard and, where no rear yard is required, to the rear line of the lot. A court on the lot line is also defined as a "side yard."

YARD WIDTH, SIDE

The mean distance between the main side wall of a building and lot line measured at right angles to the lot line. No accessory part of the building shall encroach upon the side yard.

[1]

Editor's Note: See Ch. 81, Building Construction.