[Amended 5-3-2004 by L.L. No. 1-2004]
The Village shall constitute a single district
to be known as a Villa Resident District as depicted on the Official
Map of the Incorporated Village of Plandome Heights, prepared by Charles
E. Ward, Inc., dated January 1980, and adopted by the Board of Trustees
on March 3, 1980, which accompanies this chapter and which is hereby
declared to be a part hereof.
A.
Words used in the present tense include the future,
and the future the present; the singular number includes the plural,
and the plural the singular; the word "lot" includes the word "plot"
as the sense may require it; the word "shall" is always mandatory.
B.
ACCESSORY BUILDING OR USE
ALTERATION
BASEMENT
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING INSPECTOR
CELLAR
CORNER LOT
DEPARTMENT OF HEALTH
DEPTH OF LOT
ERECTED
FAMILY
FIRST FLOOR
FLOOR AREA RATIO
FRONTAGE
FRONT OF BUILDING
FRONT YARD
HABITABLE FLOOR AREA IN A DWELLING
IMPERVIOUS SURFACE
INTERIOR LOT
LOT
LOT AREA
MAIN BUILDING
MEAN GROUND LEVEL
OPEN PORCH
PERSON
PREMISES
PRIVATE GARAGE
PROFESSIONAL OFFICE
REAR YARD
SIDE YARD
SINGLE-FAMILY DWELLING
SKY EXPOSURE PLANE/HEIGHT SETBACK
STORY
STREET
STREET LINE
STRUCTURE
TERRACE
TWO-STORY BUILDING
USE
WIDTH OF LOT
YARD
Certain words in this chapter are defined for the
purpose thereof as follows:
A building subordinate to the main building customarily incidental
to and located on the same lot occupied by the main building or use.
As applied to a building or structure, is the change or rearrangement
of the structural parts, or any enlargement, whether by extending
on any side or by increasing in height, or the moving from one location
to another. It does not include ordinary repairs.
That space of a building that is partly below grade which
has more than half of its height measured from floor to ceiling above
the average established level or finished grade of the ground adjoining
the building.
A combination of materials other than a structure to form
a construction that is safe and stable and adapted to permanent or
continuous occupancy as a residence; the term "building" shall be
construed as if followed by the words "or part thereof."
The aggregate area of the maximum horizontal cross sections
of all buildings, including covered porches, all detached garages,
sheds and other accessory buildings, and all decks, patios and platforms
that have a height in excess of 30 inches.
[Amended 5-3-2004 by L.L. No. 1-2004; 7-1-2013 by L.L. No.
1-2013]
The vertical distance measured from the average level of
the finished adjoining ground to the highest point of the roof.
The inspector appointed by the Board of Trustees or in case
of his inability to act for any reason, a person designated by the
Village authorities to act on the Building Inspectors behalf.
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 finished grade of the ground
adjoining building.
A lot situated at the intersection or junction of 2 or more
streets.
The Department of Health of the County of Nassau and any
other Health Board or Department established pursuant to the laws
of the State of New York and entrusted with the regulations, control
and/or supervision of matters pertaining to and affecting the public
health in the Village.
The mean distance from the street line of the lot to its
opposite rear line, measured along the side lines of the lot.
Constructed, reconstructed, altered, placed or moved.
Any number of individuals related by blood, marriage or legal
adoption, living and cooking together on the premises as a single
housekeeping unit.
The lower story entirely above the average level of the ground
surrounding a building.
The total gross floor area, as defined herein, on a lot divided
by the sum of the lot area.
[Amended 5-3-2004 by L.L. No. 1-2004]
The street upon which a lot abuts. If a lot abuts upon more
than 1 street, it means the street upon which the lot has the least
frontage.
The front of a building on an interior lot is the exterior
wall facing the street. The front of a building on a corner lot is
the exterior wall where the main entrance is established.
A yard across the full width of a lot extending from the
front line of a building to the front line of the lot measured between
the side property lines and in the case of a corner lot measured from
the street line to the side property line.
Spaces occupied by 1 or more persons for living, eating and/or
sleeping, but does not include attached or built-in garages, open
porches or terraces or spaces in cellar. On the first floor it shall
be construed to mean all finished floor area having a clear headroom
of 7 1/2 feet or over, including stair wells; on the second floor
all finished or unfinished floor area having a clear headroom of 7 1/2
feet or over for a minimum horizontal measurement of 6 feet with sidewalls
not less than 5 1/2 feet in height.
All nonvegetative surfaces on a lot, including buildings,
driveways, walkways, decking, patios and other surfaces comprised
of pavement, concrete, masonry, flagstone, gravel, bluestone, wood
or other surface coverings that render the ground unsuitable for the
growth of vegetation or plant. Areas of lawn, vegetation, live landscaping,
and exposed soils shall not be deemed impervious surface.
[Added 7-1-2013 by L.L. No. 1-2013]
A lot other than a corner lot.
A parcel of land which the owner shall designate in his application
as his building site or a parcel of land occupied by a building and
the accessory buildings or uses customarily incident to it, including
such open spaces as are required by this chapter and such open spaces
as are arranged and designed to be used in connection with such building.
The area of a lot measured within the boundaries thereof.
A building which houses the principal purpose for the utilization
of the lot.
The average elevation of the natural ground level prior to
any excavation or any regrading or any fill being placed, as calculated
from elevations taken at intervals of 12 inches along the perimeter
of the building or structure and dividing the sum of such elevations
by the number of such elevations taken, all as certified by a licensed
land surveyor.
[Added 4-28-2011 by L.L. No. 1-2011]
A roofed open structure projecting from the outside wall
of a building without window sash or any other form of permanent enclosure.
Includes individual, firm, corporation, partnership, association
or other agency of voluntary action.
Includes the land and all buildings or structures thereon.
A detached or attached building or part of the main building
used for storage of not more than 3 noncommercial automobiles owned
and used by the owner or tenant of the lot on which the main building
is erected and in which no business or service is conducted.
An office maintained by a doctor, dentist, lawyer, teacher,
artist, architect, engineer, accountant or musician in the dwelling
in which such person resides, provided that such office does not occupy
more than 50% of the habitable floor space in the first floor or more
than 25% of the habitable floor space of a 1-story dwelling and not
more than 1 assistant or employee is employed by such person and further
provided that there is no alteration or change to the exterior of
such dwelling which modifies its residential character or use or the
use thereof, has no feature which is offensive, annoying or harmful
to the public health, safety or general welfare, including but not
limited to by reason of noise, glare, vibration, odor, radiation,
dust, fumes or undue traffic.
A yard across the full width of the lot extending from the
rear line of the building to the rear line of the lot measured between
the side property lines.
A yard between the side of the building and the corresponding
side line of the lot and extending from the front line of the rear
lot line in the case of a single building on the front portion of
a lot.
A building designed for and occupied exclusively as a home
or residence for not more than 1 family. Each single-family dwelling
shall have a private garage, either detached, attached, or within
the main building.
[Amended 10-5-1987]
A sky exposure plane is a theoretical inclined plane through which the height of a building may not penetrate. The sky exposure plane begins at the property line and extends and elevates therefrom at a right angle toward the interior of the lot. An illustration of sky exposure plane is annexed to this § 140-2[1] as "Illustration 140-2, Sky Exposure Plane," and by this
reference is incorporated into and made a part of this definition.
[Added 5-5-2014 by L.L. No. 2-2014]
That portion of a building which is between one floor level
and the next higher floor level or the roof. A basement shall be deemed
to be a story when its ceiling is 6 or more feet above finished grade.
A half-story is that part of any building above a story and having
at least 2 opposite exterior walls meeting a sloping roof at a level
no higher above the floor than 1/2 the floor to ceiling height of
the story below, but having not less than 5 feet clear headroom at
any point.
[Amended 5-3-2004 by L.L. No. 1-2004]
Any public thoroughfare or space more than 20 feet in width
which may or may not have been dedicated or deeded to the public for
public use.
A line dividing a lot from the street.
A combination of materials other than a building to form
a construction that is safe and stable, including, among others, signs,
fences, retaining walls, outdoor fireplaces, swimming pools, pergolas
detached garages, lampposts, freestanding basketball hoops and exterior
central air-conditioning components; the term "structure" shall be
construed as if followed by the words "or part thereof."
[Amended 5-3-2004 by L.L. No. 1-2004]
An open porch without a permanent roof.
Any building where the area of the second floor is equal
to at least 75% of the area of the first floor.
The listed uses permitted. The listing of any uses as being
permitted uses shall be deemed to mean that such uses and no other
shall be permitted unless otherwise specifically permitted in the
chapter. "Use" shall also mean designed, intended or arranged to be
used.
The mean width measured at right angles to its depth.
An open and unoccupied space on the same lot with a building,
open and unobstructed from the ground to the sky.
[1]
Editor's Note: A copy of said illustration is available in
the Village offices.
