For the purposes of this chapter, certain words
and terms used herein are defined as follows:
A.Â
All words used in the present tense include the future
tense, all words in the plural number include the singular number,
and all words in the singular number include the plural number, unless
the natural construction of the wording indicates otherwise. Unless
otherwise specified, all distances shall be measured horizontally.
The word "Village" means the Village of Lattingtown.
B.Â
The term "Village Board" means the Mayor and Board
of Trustees of said Village; the term "Board of Appeals" means the
Zoning Board of Appeals of said Village; the term "Planning Board"
means the Village Planning Board of said Village; the term "Village
Plan" means the plan adopted by the Village Planning Board pursuant
to former § 179-g of the Village Law.[1] The word "shall" is mandatory and not directory.
[1]
Editor's Note: See now Village Law § 7-718.
Terms, phrases and words used in this chapter
and not otherwise defined herein shall have the meaning given in the
New York State Uniform Fire Prevention and Building Code.
An accessory building which contains one dwelling unit and
is located on a lot which contains a principal dwelling.
To change, rearrange or replace support partitions, structural
parts, exit facilities, or plumbing, heating or electrical lines of
a structure, or to move a building or structure from one location
or position to another.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior face of exterior
walls or from the center line of walls separating two buildings, and
excluding breezeway and garage areas, and basement and attic floor
areas used only for accessory uses.
That portion of a building located partially underground
where the first floor elevation is five feet or more above the mean
level of the finished grade around the building.
Any person regularly employed in the principal building or
on the premises by the occupant of the principal building, provided
such employment constitutes the principal occupation of such person
at all times during such period of occupancy and any member of such
person's family.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing and use by persons, or the enclosure
of animals or chattels. The term "building" shall also include the
words "principal building," "accessory building," "pool," "dock,"
"pier," "jetty," and "structure," but shall not include signs, or
walls less than four feet in height. The word "building" shall be
construed as though followed by the words "or part thereof."
A building which is subordinate and accessory to the principal use or building on the same lot and which is used for purposes customarily incidental to those of the principal building such as and including private garage, private swimming pool and appurtenant bathhouse, private tool house, private children's playhouse, private tennis court, or other private recreational court, private riding ring, private stable, a noncommercial greenhouse, a parabolic satellite dish antenna which is used for the receiving or sending of communications signals, or accessory dwellings as permitted by § 315-17B(12). Guest houses or buildings designed and equipped to be used for habitable purposes are accessory dwellings and are not permitted unless located on a lot eligible in all respects as required by § 315-17B(12). Accessory buildings shall not exceed 1 1/2 stories and there shall be no habitable space within the half-story.
[Amended 6-17-2004 by L.L. No. 1-2004]
The sum of the maximum horizontal cross sections of the buildings
and structures on a lot, including all improved surfaces as defined
herein, but excluding cornices, eaves, gutters or chimneys projecting
not more than 48 inches, steps, one-story open porches which in aggregate
are not more than 400 square feet in area, and bay windows which in
aggregate are 100 square feet or less in area, which extend through
not more than one story and which project not more than 36 inches.
For pitched roofs, the vertical distance measured from the
mean level of the finished grade around the building to a point midway
between the highest and lowest points of the roof, provided that chimneys
shall not be included in the "building height" if they do not extend
more than three feet above the highest portion of the roof. For flat
roof structures, the vertical distance measured from the mean level
of the finished grade around the building to the uppermost portion
of the roof structure, railing or balustrade. Chimneys extending not
more than three feet above the highest point of the flat roofed structure
shall not be included in building height. For the purposes of measuring
building height, a roof having a pitch of less than four on 12 shall
be considered flat roof.
The greatest horizontal distance between the furthermost
walls of a building.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any area of land or water, including any building or structure,
or group of buildings or structures, used for temporary or seasonal
living, camping and/or sports and recreation purposes or activities
but excluding municipally owned areas and buildings or structures
used by a municipality for such recreation purposes.
Any camp as defined in this chapter offering day care, instruction,
recreation, play or sports for adults or children and not qualifying
as a private school as herein set forth.
That portion of a building located partially underground
where the first floor elevation is less than five feet above the mean
level of the finished grade around the building.
A building, designed or used as living quarters; the term
shall not be deemed to include an automobile court, motel, boarding-
or rooming house, mobile house trailer, tourist home or tent.
A dwelling containing one dwelling unit only.
A building or portion thereof, which contains sleeping facilities
and a single kitchen facility for one family; a kitchen facility shall
mean any room or space used for the preparation of meals.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bond.
A "farm" or "farm use" shall be the use of a farm parcel
of land either as a principal or accessory use, for the purpose of
producing agricultural, horticultural, floricultural, vegetable and
fruit products of the soil, livestock and meats, poultry, eggs, dairy
products, nuts, honey, wool and hides, but shall not include the breeding,
raising or maintaining of fur-bearing animals, riding academies, livery
stables or animal kennels. A garden, accessory to a residential use,
shall not be deemed a farm or farm use. A "customary farm occupation"
shall be the conducting of usual farm activities and shall include
the processing of the products only of the farm on which such processing
is conducted.
Any map, survey or plat filed in the County Clerk's office
of Nassau County.
The extent of a building or a lot along a street.
An accessory building or part of a main building used only
for the permitted storage of motor vehicles.
The finished grade of any point along the wall of a building
shall be the elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point.
The sum of the horizontal areas of the floors in each story
of a building or buildings (having a floor or stories) measured from
the exterior of the outside walls of such building or buildings without
exclusion of any areas on the floors being measured whatsoever (i.e.,
including attached garages, closets, bathrooms, stairwells and clerestories),
except that basements having no habitable space shall be excluded.
For half-stories, horizontal areas where the vertical distance between
the floor joists and the ceiling or the roof structures next above
is less than 7Â 1/2 feet or which half-story contains no habitable
space shall also be excluded. Further, for horizontal areas where
the floor to ceiling height is 14 feet or greater, twice the horizontal
areas shall be included.
A standard designed to regulate the height of a building
in relation to the corresponding portion of the lot line from which
it is set back. The ratio forms an inclined plane beginning at the
elevation of the mean finished grade at each individual wall of the
building projected to the portion of the lot line from which the setback
is measured and rising toward the building at the specified ratio.
No part of any building, other than minor architectural features such
as chimneys, skylights and dormers not covering more than 10% of the
entire roof area, shall be permitted to extend above the inclined
plane.
An accessory use of a character customarily conducted entirely
within a dwelling by the residents thereof, using only customary home
appliances, which use is clearly incidental and secondary to the use
of the dwelling for dwelling purposes, does not change the character
thereof, does not have any exterior evidence of such secondary use
other than a small nameplate not over two square feet in area, and
which does not involve the keeping of a stock-in-trade. The conducting
of a clinic, hospital, barbershop, beauty parlor, photographer salon,
tea room, tourist home, real estate office, animal hospital, dancing
instruction, music instruction, band instrument instruction in groups,
convalescent home, funeral home, stores of any kind, or any similar
use, shall not be deemed to be a home occupation.
All buildings, as defined herein, as well as all areas on
the ground or elevated above the ground which are comprised of materials
such as asphalt, concrete, masonry, wood, gravel or partially opened
paving stones and including elements such as swimming pools, courtyards,
volleyball courts, tennis courts and other recreational courts, decks,
patios, terraces and driveways.
A parcel.
The total horizontal area included within lot boundaries
excluding any part of an access road which is not a driveway used
solely in connection with the lot, and excluding that portion of those
lands which are under water or within a one-hundred-year-flood area
which exceed 10% of the total gross area of the lot. Federal Emergency
Management Agency (FEMA) mapping shall be used to determine the one-hundred-year-flood
line.
A lot of which at least two adjacent sides each abut for
a distance of 50 feet or more on streets or public places. The owner,
when first applying for a building permit, shall designate which of
the two streets is to be the principal frontage for the purpose of
establishing the front, rear and side yard requirements of the lot.
That percentage of the lot area covered by the building area
on the lot.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
In the case of a lot abutting upon only one street, the line
separating the lot from the street; in the case of any other lot,
the owner shall, for the purpose of this chapter, have the privilege
of electing any street lot line as the front lot line.
The lot line which is generally opposite the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line not less than 10 feet long, lying
wholly within the lot and farthest from the front lot line.
The property lines bounding a lot as defined herein.
The property line or lines extending from the front lot line
to the rear lot line.
A lot having frontage on two parallel or approximately parallel
streets and extending from street to street. The front yard regulations
shall apply on each street.
The horizontal distance between the side lot lines, measured
at right angles, more or less, to the lot depth.
The result of the sum of elevation measurements taken at
a minimum of ten-foot intervals and at the building corners not more
than 12 inches from the existing or proposed structure divided by
the number of said measurements.
A structure which does not comply with the current zoning
requirements, the construction of which was lawful at the time it
was constructed.
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful at the time this chapter or amendments thereto became
effective.
A map adopted by the Village Board, showing streets, highways
and parks already laid out, adopted and established by law. Drainage
systems may also be shown on this map.
A plot of land occupied or designed to be occupied by one
principal building and its accessory buildings, if any, including
such large or open spaces as are arranged or designed to be used in
connection with such buildings. The area of such plot shall be measured
to the street line only.
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of nine feet, and
an area of not less than 190 square feet, exclusive of passageways
and driveways appurtenant thereto and giving access thereto, and having
direct usable access to a street.
An off-street space available for the parking on one motor
vehicle on a transient basis and having a width of nine feet, and
an area of not less than 190 square feet, exclusive of passageways
and driveways appurtenant thereto and giving access thereto, and having
direct usable access to a street.
A subdivision of fewer than five lots which does not involve
the layout of any new street, nor the change in lines, drainage or
grade of any existing street, nor the installation of any street improvement,
as approved under the Subdivision Rules and Regulations of the Village
of Lattingtown.[1]
An unenclosed roofed terrace attached to a building. (Porches
exceeding 400 square feet of floor area in the aggregate shall be
included in the computation of building area. All porches shall be
subject to setback requirements.) An enclosed porch shall be treated
as part of the building to which it is attached for all purposes and
regulations contained within this chapter.
Any open structure built at grade and used for recreational
uses customary and incidental to the principal use of a single-family
dwelling, including, but not limited to, sports played with a ball,
ice- or roller-skating facilities, but shall specifically exclude
skateboarding facilities and any accompanying ramps, half pipes, or
rails. The surface of the court shall consist of a vulcanized material
to reduce sounds produced by such activities. Courts shall be unilluminated,
shall not exceed 80 feet by 40 feet, and have no containment features
such as glass, boards, or screens, but may have a surrounding curb
not to exceed four inches above the court surface. Courts shall be
adequately screened so as to limit the view from adjoining properties
and the street with a staggered row of nondeciduous plant material
having a planted height of not less than six feet. Courts shall have
no accompanying benches or super structures and shall not be used
past sunset.
[Added 1-18-2012 by L.L. No. 1-2012]
The term "private school" shall mean and include the following:
parochial or church conducted primary and secondary schools; (private)
nursery, kindergarten, primary and secondary schools either chartered
by the Board of Regents of the University of the State of New York
or approved by and under the supervision of the New York State Department
of Education or chartered by a special act of the Legislature, which
parochial and private primary schools shall furnish academic instruction
as required by § 3204 of the Education Law, and all of which
enumerated schools: 1) shall have curricula similar to those of public
schools approved by said Board or said Department; and 2) shall give
regular instruction to pupils five days a week (holidays in any week
excepted) for not less than nine consecutive months in each year but
which schools shall be conducted only during the period between September
1 and July 1 of each year (a period coextensive with the period during
which public schools are required to be in session) and all of which
secondary schools shall give Regents examinations. The foregoing enumeration
shall in no case include schools, though chartered, giving special
or limited instruction, viz: trade schools, business schools or vocational
schools such as, but not limited to, music schools, dramatic schools,
art schools, automobile driving schools, real estate and insurance
schools, radio and television schools, beauty culture and massage
schools, charm schools, fashion schools, interior decorating schools,
swimming schools, dancing schools, barber schools and other similar
types of schools.
Any device for visual communication which is used for the
purpose of bringing the subject thereof to the attention of the public.
For the purpose of this chapter, signs shall be divided into three
categories; namely, announcement, official road, and real estate,
all of which being more specifically defined in this section. For
the purpose of this chapter, signs shall be considered to be structures
and shall be subject to all regulations applicable to structures.
Any sign advertising the sale of goods, the performance of
service, or the name or location of a proprietor not located on the
lot upon which the sign is displayed. Billboards and similar signs
shall be included in the term "advertising sign."
Any sign used to identify the owner or name of a premises,
to provide a warning or to announce the use of the lot upon which
displayed for a profession charitable or other institutional use.
Such signs shall not exceed two square feet in area.
Any sign used to advertise the use of the lot on which displayed
for the sale of goods, the performance of services, or the name or
location of the proprietor, but not including a real estate sign.
Such sign may be located on or attached to a wall of a building, but
not projecting above the highest point of the roof of such building,
or may be freestanding.
Any sign erected by a village, town, county or state agency
and used to inform, control or direct traffic on a street.
Any sign used to advertise the sale, lease or rental of real
estate on which such sign is displayed.
The area which results by multiplying the length by the height
of a sign, not including the vertical, horizontal or diagonal supports
which may affix the sign to the ground or to a structure or building.
Where the sign consists of individual letters or symbols attached
to or painted on a building, the area shall be considered to be that
of the smallest rectangle which encompasses all of the letters or
symbols.
Any building or structure, with or without walls or roof,
used to display and store produce and other farm products intended
to be sold at retail to the traveling public.
An area of land with a gradient of or greater than 25% over
a horizontal length of at least 50 feet and extending for a horizontal
width of at least 50 feet.
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 the surface of the floor
and the top of the ceiling joists next above it. A basement shall
be counted as a story. Only cellars that have more than 25 horizontal
linear feet in aggregate of all facades exposed from cellar floor
to first finished floor, or have more than 75% of any one facade so
exposed, whichever is less, shall be counted as a story.
An uppermost story with at least two opposite exterior sides
extending not more than two feet above the surface of the floor of
such half-story, which sides meet a sloping roof.
A way which is an existing state, county or village highway,
or a way shown upon a subdivision plat approved by the Village Planning
Board, as provided by law, or on a plat duly filed and recorded in
the office of the Nassau County Clerk. "Street" includes "highway,"
"road," and "lane."
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, excluding driveways.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for immediate or future sale
or for building development in such a way as to create one or more
new streets or extensions of existing streets or changes in existing
street or lot lines. The division and transfer of property between
adjacent property owners which does not a) create a new lot or b)
reduce the size of any existing lot area, dimensions or building setbacks
below the minimum requirements for the zoning district in which it
is located shall not be considered a subdivision within the meaning
of this chapter.
Any receptacle for water or an artificial pool of water having
a depth at any point of more than 18 inches and a horizontal surface
of greater than 100 square feet, together with all appurtenances,
including, but not limited to, pool filter, diving board, pool house,
patios, terraces and other similar features used in connection with
the pool.
A structure having a horizontal flat surface in the nature
of a floor, which structure provides access to a building, or is intended
to be used as an outdoor seating or gathering space. The term terrace
shall include patios, porches, decks, and stoops or walkways exceeding
30 square feet.
A portion of the ground area of a lot which is available
and accessible to all occupants of a dwelling unit or dwelling units
on said lot for outdoor recreation use, which area is not devoted
to driveways or parking spaces, is at least 25 feet in minimum dimension,
and has no more than 10% of its area with a grade of more than 5%.
The specific purpose for which land, water, or a building
or structure is designed, arranged, intended, or for which it is or
may be occupied or maintained.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a roadway, except devices designated
to be moved by human power.
Vehicles used primarily in business and industry, including
vans, trucks, tractors, trailer, tractor-trailer combinations and
tractor-semitrailer combinations, buses and taxi cabs.
Shall mean and include a houseboat, boat, ship, cruiser,
rowboat, skiff or other floating craft propelled in any manner.
The horizontal and vertical open space on the same lot with
a building or group of buildings, which open space lies between the
building or group of buildings and the nearest lot line and is unoccupied
and unobstructed from the ground upward, except as may be specifically
authorized in this chapter. In measuring a yard, as hereinafter provided,
the line of a building shall be deemed to mean a line parallel to
the nearest lot line, drawn from a point of a building or the point
of a group of buildings nearest to such lot line, and the measurement
shall be taken at right angles from the line of the building as defined
herein to the nearest lot line.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line
of the building, and extending from the front yard to the rear yard,
or, in the absence of either of such yards, to the front and rear
lot line as the case may be.
