[Amended 12-20-1966; 12-17-1990 by L.L. No. 4-1990; 4-11-1994 by L.L. No. 2-1994]
A.Â
Unless the natural construction of the word or words
indicates otherwise, all words used in the present tenses include
the future, and all words in the singular include the plural. The
word "building" shall be construed as though followed by the words
"or part thereof," and the word "street" includes "highway" and "road."
The word "used" shall be deemed to also include "designed, intended
or arranged to be used." The word "person" includes a firm, association,
corporation or other entity, as well as an individual, and the word
"lot" includes the word "plot." The word "shall" is mandatory and
not directory. All terms, phrases and words used herein and not defined
shall have the meanings given in the New York State Uniform Fire Prevention
and Building Code, or if none is there provided, the usual and customary
meaning of such terms, phrases and words shall apply.
[Amended 3-11-1996 by L.L. No. 2-1996]
B.Â
ACCESSORY BUILDING OR STRUCTURE
ALTERATION
BATHHOUSE
BLUFF
BUFFER AREA
BUILDING
BUILDING AREA
CELLAR
DECK
DEPOSIT
FLOOR AREA
FLOOR AREA RATIO
FRONT LOT LINE
FRONT YARD
GARAGE
GREENBELT
HABITABLE FLOOR AREA
HEIGHT
HYDRIC SOIL
HYDROPHYTIC VEGETATION
LOT
LOT AREA
LOT DEPTH
LOT WIDTH
MATERIAL
PATIO
PERSON
PRINCIPAL BUILDING
REAR LOT LINE
REAR YARD
SETBACK
SEVERELY STEEP SLOPE
SIDE LOT LINE
SIDE YARD
SIGN
SIGN AREA
SINGLE-FAMILY DWELLING
SLOPED LAND
STABLE
STEEP SLOPE
STREET LINE
STRUCTURE
SURFACE COVERAGE
SWIMMING POOL
TENNIS COURT
TOOLHOUSE
VERY STEEP SLOPE
VILLAGE
WATERCOURSE
WATER BODY
WETLAND
For the purpose of this chapter, the following words
and terms shall have the meanings herein defined:
Any building or structure that is on the same lot with a principal building or use and that is used, or designed to be used, solely for purposes customarily incidental to those of the principal building or use and for purposes permitted in the district in which it is located. Guest houses or buildings designed or equipped to be used or occupied for habitable purposes are not "accessory buildings" and are not permitted unless allowed pursuant to § 145-5E(3)(d)[3].
[Amended 3-11-1996 by L.L. No. 2-1996]
Any change, rearrangement, addition or modification, other
than ordinary repairs, in construction or arrangement of a building
or structure or any change in use from one to another or removal of
a building or structure from one location to another. The Board of
Trustees may, by resolution, establish construction guidelines which
qualify as an "alteration."
[Repealed 3-11-1996 by L.L. No. 2-1996]
A bank or cliff with a height of at least 10 feet above mean
high water and a face with a slope exceeding a 1:1 ratio adjoining
a beach or a body of water. The seaward limit of a bluff is the landward
limit of its contiguous beach or, where no beach is present, the seaward
limit is mean low water. The landward limit shall be 25 feet landward
of the bluff's receding edge, i.e. the point at the top of the bluff
where the slope becomes less than 1:1.
[Added 12-9-2004 by L.L. No. 7-2004]
A required land area adjacent to wetlands, water bodies and
watercourses which is measured horizontally from the edge of such
environmental features and is intended to be left undisturbed or minimally
disturbed for the purpose of providing additional environmental protection.
[Added 12-9-2004 by L.L. No. 7-2004]
A structure having a roof which is self-supporting, or supported
by columns, air pressure or walls, and which is affixed to the ground
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
[Amended 3-11-1996 by L.L. No. 2-1996]
The gross maximum horizontal cross-section area of all roofed-over
areas on a lot, including roofed decks but excluding cornices, eaves,
gutters or chimneys projecting not more than 18 inches, steps and
bay windows not extending through more than one story and not projecting
more than five feet.
[Amended 3-11-1996 by L.L. No. 2-1996]
That portion of a building the ceiling of which is less than
four feet six inches above finished grade at any point of its periphery.
An outdoor platform type of structure composed of a building
material such as stone, gravel, metal, concrete, asphalt or wood,
whether attached to a building or freestanding, intended primarily
for outdoor living purposes, and including patios, terraces, porches
and balconies but excluding driveways, parking areas and at-grade
walkways.
[Amended 3-11-1996 by L.L. No. 2-1996]
To fill, grade, place, eject, emit, discharge or dump any
material.
[Added 12-9-2004 by L.L. No. 7-2004]
The gross floor space enclosed by and including the thickness
of exterior walls, fire walls or fire partitions, or by a combination
of them, except in the case of a half story, in which case the floor
area means that floor space bounded by vertical walls at least five
feet high and intended or designed to be occupied as a habitable room.
If the vertical clearance tapers to less than five feet, the area
shall be calculated as if it were bounded by walls with their outer
edge located where the clearance is five feet. In addition, floor
area includes roofed-over decks and garage space but excludes below-grade
floor space when beneath a first story and unfinished attic floor
space when above a second story.
[Amended 3-11-1996 by L.L. No. 2-1996; 2-12-2004 by L.L. No.
2-2004; 4-14-2016 by L.L. No. 2-2016]
The total floor area on a lot divided by the lot area.
[Added 3-11-1996 by L.L. No. 2-1996]
The boundary line of a lot along a street or, in the case
of a lot fronting on a turnaround of a dead-end street, a line parallel
to and closest to the street line which is equal in length to the
normally required lot frontage.
[Added 3-11-1996 by L.L. No. 2-1996]
The open and unoccupied area between the front lot line,
the adjacent two side lot lines and a line parallel to the front lot
line extending from the closest point of the principal building or
accessory structure to the front lot line. If the parallel line so
drawn does not extend across the full width of the lot, the line or
curve shall be extended in each direction to the side lot lines.
[Amended 3-11-1996 by L.L. No. 2-1996; 10-19-1998 by L.L. No.
2-1998; 2-12-2004 by L.L. No. 2-2004]
A private and noncommercial building used for the housing
of one to five private and noncommercial motor vehicles or conveyances
owned and used by the owner or tenant of the lot on which it is erected
for a purpose accessory to the use of the lot.
[Amended 3-11-1996 by L.L. No. 2-1996]
A required open space conservation area as shown on a subdivision
plat or partitioning map approved by the Village of Laurel Hollow
Planning Board.
[Added 12-9-2004 by L.L. No. 7-2004]
[Repealed 3-11-1996 by L.L. No. 2-1996]
In the case of a building, the vertical distance measured
from the mean level of the finished grade adjacent to the perimeter
of the building to the highest point of the roof or parapet surface
of a flat roof and to the mean level between the peak and the eave
on the highest section of roof for all other types of roofs. In the
case of a structure, the vertical distance measured from the mean
level of the finished grade adjacent to the base of the structure
to the highest point of any part of the structure.
[Amended 3-11-1996 by L.L. No. 2-1996; 10-19-1998 by L.L. No.
2-1998]
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper portion
of the soil, as set forth in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, as amended from time to time.
[Added 12-9-2004 by L.L. No. 7-2004]
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content, as set forth in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, as updated from time to time, and Wetlands
Plants of the State of New York, published by the United States Fish
and Wildlife Service in cooperation with the National and Regional
Wetlands Plant List Review Panels, as amended from time to time.
[Added 12-9-2004 by L.L. No. 7-2004]
A parcel of land in common ownership, the dimensions and
boundaries of which are evidenced by a deed or other instrument of
conveyance or by its delineation upon a map duly filed in the office
of the Clerk of the County of Nassau, which parcel of land is at least
the minimum size that may be occupied by one principal building and
its accessory buildings, including the width and open spaces required
by this chapter, and has its principal frontage on a public street
or on a private street of record or has suitable access by right-of-way,
easement, private street or road, suitably improved and of sufficient
width to permit ingress and egress by Police and Fire Department vehicles.
All contiguous property in common ownership shall constitute a single
"lot."
[Amended 3-11-1996 by L.L. No. 2-1996]
The total horizontal area included within the lot lines,
excluding any portion of the lot which is less than 80 feet in width
or depth and any land which is under water or subject to flooding.
[Added 3-11-1996 by L.L. No. 2-1996]
[Repealed 3-11-1996 by L.L. No. 2-1996]
The shortest distance measured between the opposite side
lot lines.
Soil, silt, stones, sand, gravel, rock, clay, bog, peat,
mud, debris, water and refuse or any other organic or inorganic substance,
chemical agent or matter, sewage, sludge or effluent or municipal
or industrial solid waste, whether liquid, solid or gaseous, or any
combination thereof.
[Added 12-9-2004 by L.L. No. 7-2004]
[Repealed 3-11-1996 by L.L. No. 2-1996]
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including any public
agency or municipal corporation.
[Added 12-9-2004 by L.L. No. 7-2004]
A building in which is conducted the principal use of the
lot on which it is located.
[Added 3-11-1996 by L.L. No. 2-1996]
The boundary line of a lot directly opposite the front lot
line. For a corner lot having more than one rear lot line, the owner
may elect, in his original building permit for construction, which
boundary line shall be deemed as the rear lot line, which designation
shall then apply to all future construction.
The area between the rear lot line, the adjacent two side
lot lines and a line parallel to the rear lot line which passes through
the closest point of the principal building or accessory structure
to the rear lot line. If the parallel line so drawn does not extend
across the full width of the lot, the line or curve shall be extended
in each direction to the side lot lines.
[Amended 3-11-1996 by L.L. No. 2-1996; 10-19-1998 by L.L. No.
2-1998]
The horizontal distance between the nearest point of a building
or structure and the lot line or lot corner from which the measurement
is being taken, measured perpendicular to said lot line or lot corner,
whichever is more restrictive.
[Amended 3-11-1996 by L.L. No. 2-1996]
Sloped land that has a ratio of vertical distance to horizontal
distance of greater than 35%, based on a two-foot contour interval.
(See Figure 1 for illustration of how slope is measured.[1])
[Added 12-9-2004 by L.L. No. 7-2004;
amended 9-14-2006 by L.L. No. 3-2006]
All boundary lines of a lot which are not a rear lot line
or a front lot line.
An open, unoccupied space on the same lot with a building
situated between the building and the side lot line of the lot and
extending through from the street line or from the front yard to the
rear yard or to the rear lot line of the lot measured on the shortest
distance between the side wall of the building and the side line of
the lot.
Any structure or part thereof, or any device attached thereto
or painted thereon, or any material or thing, illuminated or otherwise,
which displays or includes any numeral, letter, word, model, banner,
emblem, device, trademark or other representation used as an announcement,
designation, direction, display or advertisement of any person, firm,
group, organization, commodity, service, profession or enterprise
when placed in such a manner that it is in view of the general public
out of doors. A "sign" which is deemed to be visible to the general
public out of doors shall include, but not be limited to, anything
which is affixed to the inside surface of transparent windows or doors
or is displayed within four feet of such surfaces and is intended
to be seen from streets, parking areas or sidewalks. The term "sign"
shall not include the flag or insignia of any government or the flag
of any civic, political, charitable, religious, patriotic, fraternal
or similar organization, provided that such is hung on a flagpole
or mast, nor shall it include any religious or other seasonal holiday
decorations which do not contain a commercial message.
[Amended 3-11-1996 by L.L. No. 2-1996]
Where a sign consists of a single board or face with information
on one or both sides, the area, measured as described below, but not
including the vertical, horizontal or diagonal supports which may
affix the sign to the ground or to a structure or building unless
such supports are evidently designed to be a part of the sign as defined
herein. Where a sign consists of several individual faces, the area
shall be the total of the area of all such faces which can be observed
from any one point. 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, triangle or circle
which encompasses all of the letters or symbols.
[Amended 3-11-1996 by L.L. No. 2-1996]
A principal building designed for and occupied exclusively
as a home or residence for not more than one family.
A geographical area, whether natural or man-made, and whether
on one or more lots, which has a ratio of vertical distance to horizontal
distance of greater than 15%, based on a two-foot contour interval,
and measures at least 25 feet in all directions horizontally. This
definition shall not include a geographical area which is temporary
in nature and created by construction activities or in order to facilitate
construction, landscaping and/or fill work authorized by appropriate
permit(s) issued by the Village. (See Figure 1 for illustration of
how slope is measured.[2])
[Added 9-14-2006 by L.L. No. 3-2006;
amended 10-11-2007 by L.L. No. 7-2007]
An accessory building used for the housing or keeping of
horses owned or used by the owner or tenant of the lot for personal
use and not for commercial boarding or livery.
Sloped land that has a ratio of vertical distance to horizontal
distance of greater than 15% but not more than 25%, based on a two-foot
contour interval. (See Figure 1 for illustration of how slope is measured.[3])
[Added 12-9-2004 by L.L. No. 7-2004;
amended 9-14-2006 by L.L. No. 3-2006]
The boundary line of a lot abutting a street or right-of-way.
Anything constructed or erected, the use of which requires
location on or under the ground or attachment to something having
location on the ground, including decks but excluding fences, mailboxes,
lighting fixtures, entrance piers or gates, signs, at-grade driveways,
at-grade parking areas and at-grade walkways.
[Amended 3-11-1996 by L.L. No. 2-1996; 2-12-2004 by L.L. No.
2-2004]
The gross maximum horizontal cross section of all buildings,
structures, driveways, parking areas, walkways, and other non vegetated
areas on a lot or under the ground.
[Amended 3-11-1996 by L.L. No. 2-1996; 2-12-2004 by L.L. No.
2-2004]
Any artificial body of water or receptacle for water having
a depth at any point greater than 18 inches, installed or maintained
outside a building, in or above the ground, and used or intended to
be used for swimming or bathing. A "swimming pool" shall be deemed
to include the surface area of the water.
An outdoor court owned and used for the playing of private
and noncommercial tennis matches by the owner or tenant of the lot
on which it is constructed.
[Repealed 3-11-1996 by L.L. No. 2-1996]
Sloped land that has a ratio of vertical distance to horizontal
distance of greater than 25% but not more than 35%, based on a two-foot
contour interval. (See Figure 1 for illustration of how slope is measured.[4])
[Added 12-9-2004 by L.L. No. 7-2004;
amended 9-14-2006 by L.L. No. 3-2006]
The Incorporated Village of Laurel Hollow.
Any brook, creek, stream, river, rivulet, floodway or other
such waterway flowing in a definite channel. Any drainage ditch,
swale or surface feature that contains water only during and/or after
a rain storm or snow melt shall also be considered a watercourse but
shall not be subject to the watercourse buffer area requirements.
[Added 12-9-2004 by L.L. No. 7-2004]
Any natural surface water segment, including ponds and lakes,
covering an area of at least 1,000 square feet. A water body may
be either intermittently, seasonally or permanently covered by water
and must contain a discernible shoreline.
[Added 12-9-2004 by L.L. No. 7-2004]
A geographic area of at least 1,000 square feet that is covered
with shallow and sometimes temporary or intermittent water, commonly
referred to as a "swamp," "marsh," "bog" or "vernal pool." This shall
include all areas that comprise hydric soils and/or are inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and under normal circumstances do support,
a prevalence of hydrophytic vegetation as defined herein.
[Added 12-9-2004 by L.L. No. 7-2004]