[Added 9-14-1972; amended 2-9-2009 by L.L. No. 1-2009]
A.Â
Legislative intent. The Incorporated Village of Huntington Bay is
one of Long Island's most unique and picturesque waterfront communities.
The waterfront along Huntington Bay and Huntington Harbor is a great
natural, public resource, and the Village has historically gone to
great lengths to uphold its stewardship responsibilities with respect
to the environmental integrity of the waterfront. The Village and
its neighborhoods are marked with special ambiance and character.
The Village has steadfastly preserved and protected this character
through the use of its land use controls. The creation of distinct
Waterfront Preservation Districts and Residence Zoning Districts,
and their accompanying regulations, are intended to further preserve
the beautification, health, safety and welfare of all of the areas
within the Village.
B.Â
Purpose. The purposes of this chapter are to lessen congestion in
the streets; to secure safety from fire, flooding, panic or other
disasters; to provide adequate light and air; to prevent the overbuilding
of land to avoid undue concentration of population; to protect and
preserve waterfront areas; and to facilitate the adequate provision
of water supply and sewage disposal. In making any determination pursuant
to this chapter, the Zoning Board of Appeals and the Village Board
of Trustees shall observe such purposes or any or all of them as may
be appropriate to promote the legislative intent of this chapter.
[Amended 1-5-2012 by L.L. No. 9-2012]
[Amended 10-9-1946; 7-29-1974; 2-13-1978 by L.L. No. 3-1978]
A.Â
Usage. For the purpose of this chapter, certain terms and words are
hereby defined. 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 profit or nonprofit corporation, company,
partnership or individual. The word "shall" is mandatory, and the
word "may" is permissive. The word "lot" includes the word "plot,"
and the word "structure" includes the word "building." The word "use"
and the word "used" refer to any purpose for which a lot or land or
part thereof is arranged, intended or designed to be used, occupied,
maintained, made available or offered for use and to any purpose for
which a building or structure or part thereof is arranged, intended
or designed to be used, occupied, maintained, made available or offered
for use or erected, reconstructed, altered, enlarged, moved or rebuilt
with the intention or design of using the same.
B.Â
ACCESSORY APARTMENT
ACCESSORY BUILDING
ACCESSORY USE
ACRE
BASEMENT
BOARD
BOARD OF APPEALS
BUILDING
BUILDING AREA
BUILDING INSPECTOR
BUILDING LINE
DRIVEWAY
DWELLING, SINGLE-FAMILY
FAMILY
FLOOR AREA RATIO (FAR)
FLOOR AREA, RESIDENTIAL
FOOTPRINT
GARAGE, PRIVATE
GRADE
GROSS FLOOR AREA
HEIGHT
HOME BUSINESS
IMPERVIOUS SURFACES
LOT
LOT AREA
LOT AREA COVERAGE
LOT AREA COVERAGE RATIO
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT, THROUGH
LOT WIDTH
MAIN RESIDENTIAL STRUCTURE
NONCONFORMING USE
PADDLE OR DECK TENNIS COURTS (OR SIMILARLY CONSTRUCTED COURTS)
PERSON
POOL OR WATER POOL
PREMISES
STORY
STORY, ABOVE GRADE
STORY, FIRST OR GROUND
STORY, HALF
STORY, TWO-AND-ONE-HALF
STREET
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD
Definitions of terms. Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meanings herein
indicated:
A second dwelling unit either in an existing single-family
detached dwelling or in a separate accessory structure on the same
lot as the main dwelling, for use as a complete, independent living
facility with provision within the accessory apartment for cooking,
eating, sanitation and sleeping. Such a dwelling is an accessory use
to the main dwelling.
[Added 3-21-2005 by L.L. No. 3-2005]
A building or structure subordinate to the main building,
on the same lot, used for purposes customarily incidental to those
of the main building, including private bathhouses used by the owner
of the lot, and which shall not exceed the size of the main building.
[Amended 3-21-2005 by L.L. No. 2-2005; 3-21-2005 by L.L. No.
3-2005]
A use which is clearly incidental to or customarily found
in connection with and subordinate to the principal use of the premises
and which is conducted on the same lot.
As applicable herein, refers to the land exclusive of the
street area.
That portion of a building that is partly or completely below
grade (see "story, above grade").
[Amended 3-21-2005 by L.L. No. 2-2005]
The Board of Trustees of the Incorporated Village of Huntington
Bay.
The Board of Zoning Appeals of the Incorporated Village of
Huntington Bay.
Any structure designed for the housing or enclosure of persons
or property of any kind.
The total of areas measured in a horizontal plane at the
main grade level of the principal building and all accessory buildings.
The Building Inspector of the Incorporated Village of Huntington
Bay or any person appointed by the Board to act as such for the purpose
of this chapter to administer and enforce the provisions of the Building
Code.
The line established by the required front yard depth as
the closest point to the front property line at which a building may
be constructed.[1]
The area of a lot which begins at the property line and extends
into the lot that is used primarily as a means for motor vehicle ingress
and egress to and from said lot and for the parking of motor vehicles.
A driveway includes all areas used for parking, maneuvering or circulation
of motor vehicles.
[Added 3-20-2017 by L.
L. No. 2-2017]
A building designed for use or occupied exclusively by one
family.
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, but not exceeding two,
living and cooking together as a single housekeeping unit, though
not related by blood, adoption or marriage, shall be deemed to constitute
a "family."
The gross floor area of a dwelling, including a garage on
a lot, divided by the total lot area times 100.
[Added 3-21-2005 by L.L. No. 2-2005]
The gross horizontal area (or footprint) of the several floors
of a dwelling, plus the garage and any and all accessory structures
with any plumbing and/or any heating. Also included are floor overhangs,
but no breezeways or covered porches. In other words, it is habitable
(heated space), plus the garage and accessory structures that could
be used as habitable space, measured from the exterior walls.
[Amended 3-21-2005 by L.L. No. 2-2005]
The outline of the total area, which is covered by a structure's
perimeter at ground level, including floor overhangs.
[Added 3-21-2005 by L.L. No. 2-2005]
An accessory building or part of a building designed or used
for the storage of motor vehicles owned and used by the occupants
of a building to which it is accessory. A "private garage" for more
than seven motor vehicles shall not be deemed an accessory building.
The elevation from which the height of a building or structure
is measured. The height shall be measured from the natural grade and
not from the finished grade.
[Amended 12-9-1985 by L.L. No. 2-1985]
The sum of the areas of the floors of a dwelling measured
to the faces of the exterior walls.
[Added 3-21-2005 by L.L. No. 2-2005]
The height of a building shall be measured from the mean
level of the ground surrounding the building, at its existing natural
grade and not at its finished grade, to the top of the ridge, provided
that chimneys and similar projections shall not be included in the
height.
[Amended 12-9-1985 by L.L. No. 2-1985; 2-13-2006 by L.L. No.
3-2006]
A permitted home business, professional, artistic or educational
activity conducted within a single-family dwelling on a lot by any
of the residents of the dwelling unit on such lot, directed toward
the generation of a fee or other income (whether or not such use is
carried on for profit), which activity is clearly incidental and subordinate
to the use of such dwelling unit for single-family dwelling purposes
and to the principal use of such lot for residential purposes, and
which activity does not change the character thereof.
[Added 6-13-2005 by L.L. No. 4-2005]
A surface composed of any material that significantly impedes
or prevents natural infiltration of water into the soil. Impervious
surfaces include, but are not limited to, roofs, buildings, paved
driveways, streets, parking areas, tennis courts, sports courts, etc.
[Added 3-21-2005 by L.L. No. 2-2005]
A parcel of land, not divided by or lying within a street
or streets, occupied or to be occupied by a building or buildings
and accessory buildings, together with such open spaces as are required
under the provisions of this chapter, and having its principal frontage
on a street or on such other means of access as may be deemed, in
accordance with the provisions of law, to be adequate for the purposes
of issuing a building permit for a building on such land.
[Amended 1-15-1990 by L.L. No. 1-1990]
The total horizontal area within the exterior lines of the
lot to be used for a building and its accessories. Required "lot area"
in any district shall not include any part of a street as hereinafter
defined in this chapter.
[Amended 1-15-1990 by L.L. No. 1-1990]
The total area of the footprint of all buildings and structures
(except bulkheads and retaining walls) on a lot having a footprint
in excess of 100 square feet, and all driveways, patios, walkways,
stairways and other ground-level surfaces regardless of size. However,
the area of driveways, patios, walkways, stairways and other ground-level
surfaces constructed of gravel, permeable pavers or permeable concrete
shall be calculated at 50% of the area actually covered by these structures.
[Added 3-21-2005 by L.
L. No. 2-2005; amended 4-24-2017 by L. L. No. 3-2017]
The gross lot area coverage on a lot divided by the total
lot area times 100.
[Added 3-21-2005 by L.L. No. 2-2005]
A lot abutting upon two or more streets at their intersection.
The distance from the front street line to the rear lot line
measured perpendicular to the front street line from its midpoint.
Where the front street line is curvilinear, the "lot depth" shall
be measured perpendicular to its chord from the midpoint of its arc.
In the case of triangular lots where there is no rear lot line, such
rear lot shall be established perpendicular to the line of measurement
of lot depth and shall not be less than 10 feet in length.
The distance along which the front boundary of the lot and
the street line are coincident. On a corner lot, the principal frontage
shall be the shorter of the street frontages, measured from the point
of intersection of the lot lines abutting such streets, or the projection
of such lots to a point of intersection in appropriate cases.
A lot whose side line or lines do not abut upon any street.
An interior lot having frontages on two streets.
The minimum width of the lot measured perpendicular to the
depth of the lot at the minimum zone setback line established for
the district.
Main or principal residential structure, inclusive of all
heated living space, covered porches, covered patios and attached
garages.
[Added 3-21-2005 by L.L. No. 2-2005; amended 3-21-2005 by L.L. No.
3-2005]
Any building, structure or use of land lawfully existing
at the time of enactment of this chapter, or any amendment thereto,
which does not conform to the zoning regulations of the district in
which it is located by reason of enactment of this chapter or subsequent
amendment or because of alteration in street alignment.
Shall be considered structures.
Includes an individual, corporation, association or partnership.[2]
A receptacle of water or an artificial pool of water having
a depth at any point of more than two feet and a plane surface area
of greater than 100 square feet, intended for the purpose of immersion
or partial immersion therein of human beings and including all appurtenant
equipment. The word "pool" shall be construed to mean an outdoor water
pool.
A lot together with all buildings and structures thereon.
[Amended 3-21-2005 by L.L. No. 2-2005]
That portion of a building included between the surface of
any floor and the surface of the floor above it, and, if there is
no floor above it, then the space between such floor and the ceiling
next to it.
[Amended 3-21-2005 by L.L. No. 2-2005]
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
[Added 3-21-2005 by L.L. No. 2-2005]
The first story entirely above the level of the ground in
front of the building.
A space under a sloping roof at the top of the building,
the floor of which is not more than two feet below the plate.
A building where the main eaves are below the mid-height
of the third story.
A strip of public or private land devoted to vehicular and/or
pedestrian movement, including the entire width of a road, right-of-way
or easement, over which the abutting owners have the rights of access,
air and light. A private driveway shall not be considered a street
unless or until a right-of-way or easement for either vehicular or
residential movement thereon is vested in more than one ownership.
[Amended 1-15-1990 by L.L. No. 1-1990]
A dividing line between a lot, tract or parcel of land and
a contiguous street. For the purposes of this chapter, a "street line"
and a right-of-way line or easement line are the same.
[Amended 1-15-1990 by L.L. No. 1-1990]
Any change in the supporting members of a building, including
but not limited to bearing walls or partitions, columns, beams or
girders or any substantial change in the roof or in the exterior walls.
Any object constructed, installed or placed on, above or
below a parcel of land for use, occupancy or ornamentation, including
but not limited to buildings, sheds, decks, dwellings, mobile homes,
trailers (whether movable or stationary), stadiums, tents, reviewing
stands, communication towers and antennas, wind generators, solar
heating devices, tennis courts, platforms, porches, staging, observation
towers, gasoline pumps, standpipes, outside bins, pools, docks, walls,
retaining walls greater than two feet in height, bulkheading, fences
greater than six feet in height, trellises, pergolas, gates, gateposts,
poles, signs, gazebos, pillars, cabanas/pool houses, hot tubs, outdoor
fireplaces, nonportable barbecues, tanks and any fixtures, additions
and alterations thereto. The word "structure" shall be construed as
though followed by the word "or part thereof.[3]
[Amended 6-8-1992 by L.L. No. 2-1992; 2-9-2009 by L.L. No.
3-2009]
The purpose for which land or a building thereon is designed,
arranged or intended for use or for which it is or may be occupied
or maintained.
An open space on the same lot with a building or structure,
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 or structure and the lot line nearest thereto.
In measuring a yard, the line of a building or structure shall be
deemed to mean a line parallel to the nearest lot line which is drawn
through the point of the building or structure closest to said lot
line.
[Amended 10-16-2017 by L.L. No. 10-2017]
An open, unoccupied space on the same lot with a building
or structure, extending the full width of the lot and situated between
the street line and the front line of the building or structure projected
to the side lines of the lot. The depth of the front yard shall be
measured between the front line of the building or structure and the
street line.
[Amended 10-16-2017 by L.L. No. 10-2017]
An open, unoccupied space on the same lot with a building
or structure, extending the full width of the lot and situated between
the rear line of the lot and the rear line of the main building or
structure projected to the side lines of the lot. The depth of the
rear yard shall be measured between the rear line of the lot and the
rear line of the main building or structure.
[Amended 10-16-2017 by L.L. No. 10-2017]
An open, unoccupied space on the same lot with a building
or structure, extending from the rear line of the front yard to the
front line of the rear yard and situated between the side line of
the main building or structure and the adjacent side line of the lot.
[Amended 10-16-2017 by L.L. No. 10-2017]
The Zoning Board of Appeals of the Incorporated Village of
Huntington Bay.
[1]
Editor's Note: The definition of "cellar," which immediately
followed this definition, was repealed 3-21-2005 by L.L. No. 2-2005.
[2]
Editor's Note: The former definition of "Planning Board,"
which immediately followed this definition, was repealed 1-5-2012
by L.L. No. 9-2012.
[3]
Editor's Note: The former definition of "transient rental
property," added 1-14-2019 by L.L. No. 1-2019, as amended, was repealed 12-9-2019 by L.L. No. 6-2019]
