In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare
of the Village. It is not intended by this chapter to interfere with
or abrogate or annul any Village building code or any rules or regulations
adopted or issued thereunder and not in conflict with any of the provisions
of this chapter; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or premises or upon
the height of the building or requires larger open spaces than are
imposed or required by such ordinances, rules or regulations, the
provisions of this chapter shall control.
[Amended 8-21-1989 by L.L. No. 3-1989; 5-25-1993 by L.L. No.
2-1993; 10-22-1996 by L.L. No. 3-1996; 12-19-2006 by L.L. No.
5-2006; 3-28-2023 by L.L. No. 1-2023; 11-21-2023 by L.L. No. 13-2023; 11-21-2023 by L.L. No. 14-2023; 12-18-2023 by L.L. No. 16-2023]
A.
Words used in the singular number include the plural, and vice versa.
B.
Accessory Building
Alteration
Attic
Building
Building Area
Building Inspector
Building Permit
Certificate of Completion
Certificate of Occupancy
Code Enforcement Officer
Code Enforcement Personnel
Community Garage
Crawl Space
Energy Code
Exterior Wall
Family
First Floor
Gross Floor Area
Habitable Floor Area
Height
Home Occupation
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
House Trailer
Lot Area
Mean Sea Level
Permit Holder
Person
Private Garage
Public Garage
Remedial Order
Setback
Single-Family Dwelling
Sky Exposure Plane
Sports Court
Stop-Work Order
Story
Structure
Temporary Certificate Of Occupancy
Unauthorized Conditions
Uniform Code
Village
Village Board
Yard
As used in this chapter, the following terms shall have the meanings
indicated:
A building subordinate to the main Building on a lot, used
for purposes customarily incidental to those of the main Building.
As applied to a Building or a Structure, any change or rearrangement
of the structural parts of a Building or Structure, which shall include
changes or rearrangement of the interior and exterior of such Building
or Structure; extension on any side or increase in height of any such
Building or Structure; moving from one location to another. It does
not include ordinary repairs.
That portion of a Building between the top of the ceiling
beams of the highest story and the bottom of the roof beams of the
roof, which space is less than seven feet six inches in height to
the highest point and is not used, designed nor intended to be used
for living purposes. An attic shall not be counted as a story.
Any Structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals,
or chattels.
The aggregate of the maximum horizontal cross-section area
of all Buildings on a lot, excluding cornices, eaves, gutters, or
chimneys projecting not more than 18 inches, steps, one-story open
porches, bay windows not extending through more than one story and
not projecting more than five feet, balconies, and terraces.
An inspector appointed pursuant to § 176-51 of the Village Code.
A permit issued pursuant to § 176-53 of the Village Code. The term "building permit" shall also include a building permit which is renewed, amended, or extended.
A certificate issued by the Village when work, performed
under a permit issued by the Village, is completed and no Certificate
of Occupancy is required.
A certificate issued pursuant to § 176-59.
The Code Enforcement Officer appointed pursuant to § 176-51 of the Village Code.
Includes the Code Enforcement Officer and all inspectors.
A Building, not a private garage, one story in height, used
for the storage of automobiles and not used for making repairs thereto.
Any space in a residence having a height of less than five
feet 11 inches.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
Includes all walls between the main building, the basement
and the cellar thereof, and a garage attached to or included in the
dwelling.
One or more Persons who live together as a traditional family
or in a domestic relationship that, in theory, size, appearance, and
structure, is the functional and factual equivalent of a traditional
family of related Persons living together and sharing meals as a single,
not-for-profit housekeeping unit in a dwelling containing kitchen
facilities.
Shall not include the floor of any garage not used for habitation,
whether or not attached to or included in a building, or any Crawl
Space; but First Floor shall include the floor of any basement or
cellar or any room in a basement or cellar.
The sum of the horizontal areas of the floors of a Building,
including interior balconies and mezzanines, but excluding exterior
balconies. All horizontal dimensions of each floor are to be measured
from the exterior faces of each such floor. Gross floor area shall
not include the floor area of:
The interior portion of a Building designed for living, including
closet space but not including the outside walls, garrets, attics,
cellars or basements, rooms below grade, attached or built-in garage
or storage space, open or enclosed unheated porches, breezeways, or
terraces. It shall be limited to mean, on the First Floor, all finished
floor area having a clear headroom of 7 1/2 feet or over, including
partitions and stairwells; on the upper floors, all finished floor
area having a clear headroom of 7 1/2 feet or over for a minimum
horizontal measurement of six feet with side walls of not less than
5 1/2 feet in height, including partitions and stairwells. Notwithstanding
the definition of "habitable floor area" contained herein, if there
shall exist any conflict between this definition of "habitable floor
area" and any definition of "habitable floor area" or requirement
relating to habitable floor area, usable floor area or the like contained
in the Building Code of greater severity than contained in this definition,
then such provision of the Building Code shall supersede that part
of this definition which is of less severity.
The height of a Structure shall be measured from the mean level of the existing undisturbed grade or the proposed final grade, whichever is more restrictive, along the perimeter of the structure to a point midway between the peak and the eaves of the highest section of the roof, provided that chimneys, spires and similar projections shall not be included in the height if they do not exceed a combined total of 10% of the gross horizontal area of the entire roof, and further provided that in no case shall the highest point of the roof be more than five feet higher than the maximum height permitted. This definition of "height" is distinct from the measurement of height for purposes of determining compliance with the height/setback ratio (sky exposure plane) requirements of §§ 176-13 and 176-27 of this chapter, referred to therein as "elevation."
The office or studio of a Person who is a practitioner of
a profession or business that is located within the dwelling that
such Person both owns and resides in, provided that such office or
studio:
Is clearly incidental to the Person's use of the premises and
is conducted entirely within the dwelling in which the Person resides.
Does not occupy more than 12% of the gross floor area of the
dwelling.
Is not advertised by display of goods or advertising.
Does not result in an alteration or exterior feature which would
change or modify the residential character or appearance thereof,
including the parking of a number of vehicles that is customarily
observed in the surrounding neighborhood.
Does not involve the removal of any waste materials other than
those permitted within a residential district.
Does not involve the keeping of a stock-in-trade.
The conducting of a clinic, hospital, medical office, dental
office, barbershop, beauty parlor, photography studio, tea room, tourist
home, real estate sales office, animal hospital, dancing instruction,
music instruction in groups, band instrument instruction in groups,
sport or fitness training in groups, convalescent home, funeral home,
manufacturing use of any kind, retail use of any kind, stores of any
kind, or any similar use shall not be deemed to be a Home Occupation.
Does not involve the employ of more than three assistants or
employees at the dwelling.
Is not carried on in an accessory building.
Does not involve regularly scheduled appointments with the resident
practitioner.
Any vehicle so designed, constructed, reconstructed, or added
to by means of portable accessories in such a manner as will permit
the occupancy thereof as a temporary dwelling or sleeping place for
one or more persons and having no foundation other than wheels, jacks,
or skirting so arranged as to be integral with or portable by it.
The area of a lot upon which the main building and its accessories
are located, measured to the street line only. It shall not include:
The average height of the sea at Sandy Hook, New Jersey,
all stages of the tide being considered as determined by the United
States Coast and Geodetic Survey.
The Person to whom a Building Permit has been issued.
Any individual, partnership, company, corporation, association,
firm, organization, administration, department, municipal entity,
or any other group of individuals, or any person or employee thereof.
A building used for the storage of one or more automobiles
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.
A building, other than a private or a community garage, one
or more stories in height, used for the storage or repair of automobiles.
An order issued by the Code Enforcement Officer pursuant to § 176-63 of the Village Code.
The horizontal distance measured on a perpendicular between
a lot line and a point on a building.
A building designed for and occupied exclusively as a home
or residence for not more than one family, a family being one housekeeping
unit.
An imaginary inclined plane rising over a lot from the lot
lines at a ratio of height to setback as required and illustrated
in these regulations.
A structure constructed on the ground consisting of a permanent
grade-level surface area of whatever consistency to engage in the
game of tennis, basketball, pickleball, or other sports. A backstop,
if any, consisting of netting, fencing, or similar material and designed
to prevent the passage of balls or other playing objects shall be
considered to be part of the sports court.
An order issued pursuant to § 176-63 of the Village Code.
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 roof. A basement shall be counted as a story if the ceiling
height is more than six feet above the mean existing undisturbed grade
or the proposed final grade, whichever is more restrictive, along
the perimeter of the building.
Any combination of materials forming any construction and
shall include without being limited thereby, among other things, buildings,
stadiums, tents, reviewing stands, platforms, stagings, observation
towers, radio towers, gasoline pumps, water pumps and wells, standpipes,
outdoor bins, walls, fences, recreation, athletic and play structures
set in the ground, swimming pools and their equipment, Sport Courts,
pergolas, gates and gateposts, display signs and antennas. The word
"structure" shall be construed as though followed by the words "or
part thereof."
A type of temporary certificate of occupancy issued pursuant to § 176-59 of the Village Code.
Building construction that does not conform to the requirements
of a validly issued building permit that the Building Department finds
to have excess square footage, insufficient setbacks, sky exposure
plane encroachments, excess height, or excessive lot coverage, and
which thereby constitute violations of the Village Code.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Incorporated Village of Sands Point.
The Board of Trustees of the Village.
An open space which is unobstructed from the ground upward,
except as may be otherwise specifically permitted in this chapter,
which open space lies between the line of a building and the lot line
nearest thereto. In measuring a yard, the line of a building shall
be deemed to mean a line parallel to the nearest lot line which is
drawn through the point of the building closest to said lot line.
The yard shall be measured at right angles from said building line
to the nearest lot line.
