A.Â
Words used in the present tense include the future;
the singular number includes the plural, and the plural the singular;
the word "person" includes a corporation as well as an individual;
the word "lot" includes the word "plot." The term "occupied" or "used"
as applied to any building shall be construed as though followed by
the words "or intended, arranged or designed to be occupied or used."
B.Â
ACCESSORY
BASEMENT
BILLBOARD
BUILDING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
CELLAR
CONDOMINIUM
COURT, INNER
COURT, OUTER
COURT, OUTER, DEPTH OF
COURT, OUTER, WIDTH OF
CURB LEVEL
DWELLING, ONE-FAMILY
DWELLING UNIT
FAMILY
FENCE
FLOOR AREA
FLOOR AREA, LIVABLE
FLOOR AREA RATIO
GASOLINE SERVICE STATION
HEIGHT
HOTEL
HOUSE TRAILER
JUNKYARD
LOT
LOT, CORNER
LOT DEPTH
LOT LINE
LOT LINE, REAR
LOT WIDTH
MAIN FLOOR
MANUFACTURING
MARINA
MOTEL
(1)Â
(2)Â
MULTIFAMILY DWELLING
NONCONFORMING USE
PARK DISTRICT
PLAT
PRINCIPAL BUILDING
SELF-SERVICE GASOLINE STATION
SIGN
SIGN AREA
(1)Â
(2)Â
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
SWIMMING POOL
USABLE OPEN SPACE
USE, ACCESSORY
WATERFRONT CONDOMINIUM
YARD, FRONT
YARD, REAR
YARD, SIDE
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings herein indicated:
A building or use clearly incidental or subordinate to and
customary in connection with the principal building or use on the
same lot.
A story in a building, the structural ceiling level of which
is four feet or more above the average level of the finished grade
where such grade abuts that exterior wall of such building which fronts
on any street, and the floor level of which is below the finished
grade at any point on the periphery of the building.
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, service, entertainment
or attraction sold, offered or existing elsewhere than upon the same
lot where such sign is displayed or only incidentally upon such lot.
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
the same as if no "building" were present; the term "building" shall
include the term "structure," as well as the following:
Signs.
Fences.
Walls, other than retaining walls projecting
above the ground not more than three feet at the higher ground level
and not more than six and one-half (61/2) feet at the lower ground
level.
Radio and television receiving and transmitting
towers and antennas, except for such antennas installed on the roof
of a building and extending not more than 20 feet above the highest
level of the roof of such building.
Porches, outdoor bins and other similar structures.
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade where
such grade abuts that exterior wall of such building which fronts
on any street. A "cellar" shall not be considered in determining the
permissible number of stories.
An apartment house or houses, the apartments or dwelling
units of which are individually owned, each owner receiving a deed
enabling him to sell, mortgage or exchange his apartment independent
of the owners of the other apartments in the building or buildings.
[Added 6-19-1979 by L.L. No. 2-1979]
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimension of the unenclosed side of the court.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
A detached building containing one dwelling unit only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entranceways or other hallways or porches)
or cooking or sanitary facilities in common with any other "dwelling
unit." A house trailer, a boarding- or rooming house, convalescent
home, fraternity or sorority house, hotel, inn, lodging, nursing or
other similar home or other similar structure shall not be deemed
to constitute a "dwelling unit."
Two or more persons that are related by blood, adoption,
civil union or marriage, or up to five persons that are not related
by blood, adoption, civil union or marriage, that are occupying one
dwelling unit and living together as a family or the functional equivalent
of a family. There shall be a presumption that more than five persons
that are not related by blood, adoption, civil union or marriage occupying
one dwelling unit are not a family, which presumption may be rebutted
by proof presented to the Building Inspector of the Village of Greenport.
[Amended 12-23-2013 by L.L. No. 8-2013]
A vertical enclosure, solid or partially open, to prevent
straying from within or intrusion from without or intended to be used
as a visual screen.
[Added 10-19-2006 by L.L. No. 5-2006]
The sum of the gross horizontal areas of the several floors
of a building or buildings on a lot, measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars, heater
rooms and basements having a window area of less than 10% of the square
foot area of the room. Usable floor area shall include all spaces
not otherwise excluded above, such as principal rooms, utility rooms,
bathrooms, all closets and hallways opening directly into any rooms
within the dwelling unit and all attic space having a clear height
of six feet from the finished floor level to the pitch of the roof
rafter and a clear height of seven feet six inches from finished floor
level to ceiling level over 50% of the area of such attic space.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
A place for the sale of gasoline, oil and/or services for
motor vehicles.
[Added 8-12-1993 by L.L. No. 4-1993]
The vertical distance measured from the average elevation
of the crown of the nearest road to the highest point of the roof.
[Amended 3-12-1987 by L.L. No. 2-1987]
See "motel."
[Added 7-31-1986 by L.L. No. 2-1986]
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle and equipped to be used
for living or sleeping quarters or so as to permit cooking. The term
"house trailer" shall include vehicles mounted on temporary or permanent
foundations with the wheels removed.
Open area occupied by salvage, storage of used machinery,
metal parts or abandoned or partially dismantled automobiles.
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings accessory thereto, if any, together with the
required open spaces appurtenant to such building or group of buildings.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135º.
A lot abutting a curved street shall be deemed a "corner lot" if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135º.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line; if the
"rear lot line" is less than 10 feet in length or if the lot comes
to a point in the rear, the "rear lot line" shall be deemed to be
a line parallel to the front lot line not less than 10 feet long lying
farthest from the front lot line.
The average distance between side lot lines measured at the
front yard or setback line and at right angles to the side lot lines
or along a line parallel to the street.
The largest area found by the projection of a horizontal
plane through the livable floor area which is enclosed by the exterior
walls of the buildings.
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled or packaged.
A dock or basin providing secure moorings for motorboats
and yachts and offering supplies necessary for boat operation.
[Amended 7-31-1986 by L.L. No. 2-1986]
A business or commercial use of a lot consisting
of a building or group of buildings, whether detached or connected,
designed to be made available to the public as sleeping accommodations
for paying, transient customers on a daily, weekly or biweekly rental
basis and no room which has individual kitchen or cooking facilities
of any kind and which has no laundry appliances located or maintained
anywhere on the premises which are available to motel customers. Other
allowed uses shall be permitted on the same lot as a "motel" only
if all uses are permitted in the district and the area and the subject
lot is large enough and has sufficient parking to accommodate two
or more uses under the provisions of this chapter. A building or buildings
arranged or designed for use as a boatel, hotel, inn or other similar
business shall be deemed to be a "motel" and included in this definition.
There shall be at least one parking space to accommodate each motel
unit.
A motel shall be operated in accordance with
Article 12 of the General Business Law and the occupancy of which
shall be subject to the provisions of Article 128 of the Tax Law of
New York State.[1] No residential use, including cooperative or condominium,
regardless of its physical description or the manner in which its
rooms are being managed or rented, shall be deemed to constitute a
"motel" for purposes of this chapter.
Any dwelling house designed to accommodate or accommodating
three or more families and shall include but shall not be limited
to an apartment house, garden apartment house, cooperative apartment
house, apartment hotel and condominium.
Any use, whether of a building or tract of land, or both,
existing on the effective date of this chapter which does not conform
to the use regulations of the district in which it is located and
which was legally existing prior to the effective date of this chapter,
or any amendment thereto.
[2]An area reserved for recreational and firematic use by the
citizens of the Village of Greenport as regulated by the Park Local
Law, and in which Village utilities and other public uses may be maintained
and expanded.
[Added 3-12-1987 by L.L. No. 1-1987[3]]
A building in which is conducted the main or principal use
of the lot on which said building is located.
A gasoline service station or portion thereof where flammable
and combustible liquids used as motor fuels are stored and subsequently
dispensed into the fuel tank of motor vehicles by persons other than
the service station attendant.
[Added 6-19-1979 by L.L. No. 1-1979]
Any structure or part thereof, or any device attached to
a building or painted or represented thereon, which shall display
or include any letter, word, model, banner, pennant, insignia, device,
trade flag or representation which is in the nature of or which is
used as an announcement, direction or advertisement for commercial
purposes or otherwise. A "sign" includes a billboard and a neon tube,
string of lights or similar device outlining or hung upon any part
of a building or lot, but does not include the flag or insignia of
any nation or group of nations or of any governmental agency or of
any political, educational, charitable, philanthropic, civic, professional,
religious or like campaign, drive, movement or event. However, excluded
from this definition are "signs" which are solely devoted to prohibiting
trespassing, hunting or fishing.
All faces of a sign measured as follows:
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the area within
which all of the matter of which such sign consists may be inscribed.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
A street improved to the satisfaction of the Planning Board
and which is one of the following: an existing Village, town, county
or state highway or street; a street shown on an approved subdivision
final plat; a street shown on a map filed with the County Clerk, in
accordance with § 7-736 of the Village Law, prior to Planning
Board authorization to review subdivisions; a street shown on the
Village Official Map.
[4]The dividing line between a lot and a street.
Any change in the supporting members of a building, such
as beams, columns or girders.
Any man-made body of water, including any swimming pool,
tank, depression or excavation in any material, dike or berm constructed,
erected, excavated or maintained which will cause the retention of
water to a greater depth than 18 inches and having a plane surface
area of water greater than 100 square feet, except as shall hereinafter
be excluded. The man-made body of water shall be construed to mean
a body of water to be used for swimming or bathing by any family or
persons residing on the premises and their guests. Such body of water
shall not be operated for gain and shall be located on a rear lot
only as an accessory use to the dwellings thereon.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation.
A use customarily incidental and subordinate to the main
use on a lot, whether such "accessory use" is conducted in a principal
or accessory building.
A condominium, as defined above, located within the WC Waterfront
Commercial District.
[Added 6-19-1979 by L.L. No. 2-1979]
An unoccupied ground area fully open to the sky between the
street line established by the Official Map of the Village or by an
approved subdivision plat and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between any
property line other than a street or rear lot line and a line drawn
parallel thereto between the front and rear yards.
