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."
[Amended 6-8-1983 by L.L. No. 3-1983; 8-3-1983 by L.L. No. 5-1983; 4-4-1984 by L.L. No. 3-1984; 9-26-1984 by L.L. No. 6-1984; 9-18-1989 by L.L. No. 5-1989; 8-16-1993 by L.L. No. 2-1993; 3-25-1996 by L.L. No. 4-1996; 6-26-2000 by L.L. No. 10-2000; 6-24-2002 by L.L. No. 7-2002; 9-22-2003 by L.L. No. 10-2003; 10-27-2003 by L.L. No. 12-2003; 7-11-2005 by L.L. No. 4-2005; 9-12-2005 by L.L. No.
7-2005; 6-26-2006 by L.L. No. 2-2006; 4-23-2007 by L.L. No. 1-2007; 11-1-2010 by L.L. No. 9-2010; 8-5-2013 by L.L. No. 10-2013; 10-7-2013 by L.L. No. 10-2014; 9-17-2018 by L.L. No.
2-2018]
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
customarily in connection with the principal building or use on the
same lot.
Any adult bookstore, adult mini motion-picture theater, adult
motion-picture theater, adult club, massage establishment, or any
combination thereof.
[Added 10-5-2015 by L.L.
No. 5-2015]
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on any of the activities referred to in Subsection A(1) below.
The activities referred to therein are any method of pressure
on or friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of the external soft parts of the body with
the hands or with the aid of any mechanical or electrical apparatus
or appliance, with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions, ointments or
other similar preparations commonly used in the practice of massage.
This definition shall not apply to licensed hospitals, licensed
nursing homes or clinics or persons holding an unrevoked certificate
to practice any of the healing arts under the laws of the State of
New York, nor to persons working under the direct supervision and
in the presence of any such persons or in any such establishments,
nor shall this subsection apply to barbers or cosmetologists lawfully
carrying out their particular profession of business and holding a
valid unrevoked license or certificate of registration issued by the
State of New York.
ADULT BOOKSTOREAn establishment having, as a substantial or significant portion of its stock-in-trade, videotapes, video game cartridges, motion-picture films, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, or an establishment with a segment or section devoted to the sale or display of such material.
An enclosed building with a capacity for fewer than 50 persons,
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this
section, for observation by patrons therein.
Any building which shall contain one or more coin-operated amusement
devices or any other machine or apparatus using any video game cartridge
or other material which is distinguished or characterized by an emphasis
on such matter depicting, describing or relating to specified sexual
activities or specified anatomical areas for use by patrons therein
shall also be deemed to be an adult mini motion-picture theater.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.
ADULT CLUBA restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities, or such places where persons are permitted and encouraged to exhibit specified anatomical areas and perform specified sexual activities.
SPECIFIED ANATOMICAL AREASLess than completely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESHuman genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
A person who does skilled work with his/her hands, producing
goods on a small scale using traditional methods.
The production of quality, distinctive products made in small
batches or quantities by a skilled artisan(s). The process is characterized
by the manufacture of finished products or parts including design,
processing, fabrication, assembly, treatment, and packaging of products;
as well as the incidental storage, sales and distribution of such
products. Typical artisan manufacturing uses include, but are not
limited to: artisanal food products, printmaking, electronic goods,
household goods, leather products, jewelry and clothing/apparel, metal
work, furniture, glass or ceramic production, paper making.
Food products produced in small batches using whole ingredients
and nonindustrialized, labor-intensive methods, including manufacturing
by hand or with traditional or specialized tools. Typically, the food
is locally sourced or comes from traceable regions, with the intent
to benefit the consumer, small-scale growers and producers, and the
local economy. Artisans, as they relate to food, are highly skilled
tradesmen who specialize in the production of a particular food product
such as bread, cheese, sweets, or other foods that may involve preservation
or fermentation.
A counter or a structure at which alcoholic beverages are
served and/or consumed and at which food may be served.
A use primarily engaged in the sale and service of alcoholic
beverages for on-premises consumption, subject to the regulatory authority
of the New York State Liquor Authority and consisting of one or more
of the following characteristics:
The accessory or incidental sale of food or snacks shall not
entitle such a use to be considered a restaurant under the provisions
of the code, but the permanent or temporary removal or relocation
of tables and chairs from a restaurant to permit any of the aforesaid
characteristics shall constitute the creation of a bar, tavern or
nightclub use.
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.
Any fermented beverages of any name or description manufactured
from malt, wholly or in part, or from any substitute therefor.
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 dwelling with sleeping rooms in which persons either
individually or as families are housed or lodged for hire or otherwise
without separate kitchen facilities, with or without meals. A dwelling
occupied by a single-family unit, or its equivalent, shall not be
considered a boarding or rooming house.
Any place or premises where beer is manufactured for sale,
and all offices, granaries, mashrooms, cooling-rooms, vaults, yards,
and storerooms connected therewith or where parts of the process of
manufacture of beer is carried on, or where any apparatus connected
with such manufacture is kept or used, or where any of the products
of being or fermentation are stored or kept, shall be deemed to be
included in and to form part of the brewery to which they are attached
or are appurtenant.
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
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,
but not more than two feet at the higher ground level and not more
than four 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.
Awnings (retractable or removable structures extended above
a window or door as a protection from sun, rain or snow or for aesthetic
purposes).
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 and shall not be used for other than
storage or mechanical equipment such as utilities.
The partially or fully fermented juice of fresh, whole apples
or other pome fruits, containing more than 3Â 2/10% but not more
than 8Â 1/2% alcohol by volume, to which nothing has been added
to increase the alcoholic content produced by natural fermentation,
and with the usual cellar treatments and necessary additions to correct
defects due to climate, saccharine levels and seasonal conditions.
Cider may be sweetened or flavored after fermentation with fruit juice,
fruit juice concentrate, sugar, maple syrup, honey, spices or other
agricultural products, separately or in combination. Cider may contain
retained or added carbon dioxide.
Any place or premises wherein cider is manufactured for sale.
An organization catering exclusively to members and their
guests whose activities are not conducted primarily for pecuniary
profit or gain and in which there are not conducted any vending stands,
merchandising or commercial activities or food or beverage sales at
retail, except as required generally for the membership and purposes
of such organization.
Every type of motor vehicle with a gross vehicle weight rating
of 10,000 pounds or more driven or used for commercial purposes on
the highways such as for transportation of goods, wares and merchandise;
motor coaches carrying passengers; and trailers and semitrailers,
including tractors when used in combination with trailers and semitrailers,
except such vehicles as are run only upon rails or tracks.
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 building elevation nearest to and
facing the street line.
Any person who owns, occupies, carries on, works, conducts
or operates any distillery either by himself or by his agent.
Any place or premises wherein any liquors are manufactured
for sale.
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, entrances or other hallways or porches,
or cooking or sanitary facilities in common with any other dwelling
unit. A house trailer, 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.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit only.
A one-family dwelling with two common or party walls separating
it from adjacent units on both sides, or one party wall in the case
of a building at the end of a group of attached buildings.
A one-family dwelling with one wall in common with an adjacent
dwelling.
A detached building containing two dwelling units only.
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the sale of any
electronic oral device, such as one composed of a heating element,
battery, and/or electronic circuit, which provides a vapor of nicotine
or any other substances, and the use or inhalation of which simulates
smoking. The term shall include any such device, whether manufactured,
distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe,
or under any other product name or descriptor.
[Added 6-6-2016 by L.L.
No. 5-2016]
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage,
domestic partnership, or legal adoption do not constitute the functional
equivalent of a family.
In determining whether individuals are living together as the
functional equivalent of a family, the following criteria shall be
considered:
The group is one which in theory, size, appearance, structure
and function resembles a family unit;
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools.
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonable related to whether or not the group
is the functional equivalent of a family.
A vessel used in the business of carrying passengers between
any port or place within the MW-2 District in the Incorporated Village
of Port Jefferson and any other port or place without the Village.
The number of persons which a vessel used as a ferry may
lawfully carry as passengers, under the rules and regulations of the
United States Coast Guard or other regulating authority then in effect.
As applied to a passenger ferry terminal, this term shall mean the
maximum number of passengers which could have departed from the terminal
on publicly scheduled trips under a best-day condition. Ferry passenger
capacity for a ferry terminal under a best-day condition shall be
calculated as follows: 1) determine the passenger capacity of any
ferry departing from the terminal on a given calendar day (midnight
to midnight); 2) multiply this passenger capacity by the number of
departures made by that ferry from the terminal on that day; and 3)
add to this number the products of item 1) times item 2) for every
other ferry departing from the terminal on that same day. The use
of this formula shall be subject to the following provisions:
The day used in making this calculation shall be that which
yields the highest number for the terminal's ferry passenger capacity
(i.e., the "best day" in terms of the potential number of ferry passengers
departing the terminal on publicly scheduled trips).
Each ferry whose departure is used in making this calculation
shall be a ferry which regularly docks at or uses the ferry terminal.
Each departure used in making this calculation shall be a bona
fide ferry departure open to the public and shown on the ferry terminal's
published sailing schedule.
Any dock, wharf, pier or other place at which a ferry embarks
or disembarks passengers, including ticket offices, parking areas
and all other related facilities under one roof. This term shall not
include a facility for embarking or disembarking motor vehicles to
or from a ferry.
Any dock, wharf, pier or other place at which a ferry embarks
or disembarks passengers and motor vehicles (i.e., trucks, buses,
cars and/or motorcycles), including ticket offices, parking areas,
queuing aisles and all other related facilities under one roof.
The sum of the gross horizontal areas of the several floors
of the buildings on a lot, measured from the exterior faces of exterior
walls or from the center line of party walls separating two buildings,
including cellar and basement areas not used for storage or for the
operation and maintenance of the building.
The floor area in square feet of all buildings on a lot,
divided by the area of such lot in square feet.
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
floor 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 finished floor level to pitch of roof rafter with
a clear height of seven feet six inches from finished floor level
to ceiling level over 50% of the area of such attic space.
An establishment required by contractual or other arrangements
to offer some or all of the following:
Standardized menus, ingredients, food preparation, decor, external
facade and/or uniforms.
Preprepared food in a ready-to-consume state.
Sold over the counter in disposable containers and wrappers.
Selected from a limited menu.
For immediate consumption on or off the premises.
Where the customer pays before eating.
This definition does not include eating and drinking or retail
food establishments.
A private garage attached to the principal structure by means
of a common wall or by means of a fully enclosed breezeway not exceeding
10 feet in length.
A private garage detached from the principal structure or
attached to the principal structure by means of an enclosed breezeway
exceeding 10 feet in length. Detached garages shall be considered
accessory buildings but shall not be greater than 15 feet in height
as measured from the garage floor to the highest point of the roof
surface. Any area above the first floor level shall be used as storage
area only with a ceiling height not to exceed six feet.
The vertical distance measured from the average finished
grade at the front of the building exterior wall to the highest point
of the roof for flat and mansard roofs and to the mean height between
eave and ridge for other types of roofs. This definition does not
apply to detached garages, which is defined in the preceding definition,
which contains a fifteen-foot maximum height and describes the method
by which garage height is to be measured.
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking of
tobacco or other substances through one or more hookah pipes (also
commonly referred to as a hookah, waterpipe, shisha or narghile),
including but not limited to establishments known variously as hookah
bars, hookah lounges or hookah cafes.
[Added 10-5-2015 by L.L.
No. 5-2015]
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the sale of hookah
pipes (also commonly referred to as a hookah, waterpipe, shisha or
narghile) or any product containing a mixture of tobacco leaf and
honey, molasses or dried fruit or any other sweetener (also commonly
referred to as shisha, hookah tobacco, or shisha tobacco).
[Added 10-5-2015 by L.L.
No. 5-2015]
Any receptacle installed in any exterior portion of the yard
of any property within the Incorporated Village of Port Jefferson
for the containment of heated water or other liquids for recreational,
therapeutic or other purposes, except swimming, which shall have a
capacity of more than 16 cubic feet and a means to circulate water
or air within the receptacle.
The use of more than 300 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
that half of any lot that joins any street for the collecting, storage
or sale of wastepaper, rags, scrap metal or discarded material or
for the collecting, dismantling, storage or salvaging of machinery
or vehicles not in running condition or for the sale of parts thereof.
"Junkyard," however, shall not be construed to mean a motor vehicle
repair shop or dealer operating in accordance with the Village Code
and storing inoperable vehicles for no more than 30 consecutive days.
[Added 9-3-2019 by L.L.
No. 11-2019]
Any and all distilled or rectified spirits, brandy, whiskey,
rum, gin, cordials or similar distilled alcoholic beverages, including
all dilutions and mixtures of one or more of the foregoing.
A parcel of land occupied or capable of being occupied by
a building and accessory buildings or uses customarily incidental
to it.
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.
The average distance between side lot lines taken at the
front yard or setback line and measured at right angles to the side
lot lines or along a line parallel to the street line.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of the side lot lines with the
street lines intersect at an interior angle of less than 135°.
The area bounded by the intersection of a horizontal plane
through the exterior walls of the building which enclose the livable
floor area of the largest floor.
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled or packaged.
A separate and distinct space containing the machinery and
production processes used for the manufacture of a product. The manufacturing
area shall not include areas utilized in the regular course of a service
or retail business, such as bars, food preparation areas, or related
storage.
Wharves, bulkheads, quays, piers, docks and other berthing
locations and adjacent storage or contiguous areas and structures
associated with the primary movements of cargo or materials from vessel
to shore or shore to vessel, including structures that are devoted
to receiving, handling, holding, consolidation and loading or delivery
of waterborne shipments or passengers, including areas devoted to
the maintenance of the terminal or equipment.
[Added 8-7-2017 by L.L.
No. 4-2017]
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. 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.
See § 250-38.
A building in which is conducted the main or principal use
of the lot on which said building is located.
A district which includes one of the following classes of
districts: Single-Family Residence R-A District; Single-Family Residence
R-A1 District; Single-Family Residence R-B1 District; Single-Family
Residence R-B2 District; One- and Two-Family Residence R-B3 District;
Moderate-Density Residence R-M District; Residence-Office R-O District.
An establishment where food or drink are prepared and served
within an enclosed building, and predominantly consumed by customers
seated at tables on the premises, and shall not include take-out restaurants
or bars, taverns or nightclubs.
An establishment serving food or drink prepared and served
within an enclosed building and sold over a counter for immediate
consumption primarily off the premises, and which has a customer service
area limited to four tables or space for no more than 16 customers
to eat within the establishment at one time, seated or otherwise,
including delicatessens, lunch counters, luncheonettes and ice cream
and pizza parlors, but excluding fast-food restaurants, drive-in or
drive-through restaurants, fast-food restaurants or bars, taverns
or nightclubs.
That line established by the required front yard depth as
the closest point to the front property line at which a building may
be constructed.
A residentially zoned lot that does not meet the minimum lot area, side yard or lot width requirements as set forth in this Chapter 250, provided that the lot is owned by the applicant, that the ownership was of record prior to the effective date of this Chapter 250, and that the applicant is not the owner of adjoining property that can be used for purposes of complying with the requirements of this chapter.
The part of any building, exclusive of cellars, 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. For the purposes of
this chapter, a basement shall be considered a half story.
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.
Any official Village street or a street shown on an approved
subdivision plat or shown on the Official Map of the Village and improved
to the satisfaction of the Planning Board.
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 facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the placing of
designs, letters, scrolls, figures, symbols or any marks under the
skin with ink dye or any other substance resulting in the coloration
of the skin by the aid of needles or any other instruments designed
to puncture the skin.
[Added 10-5-2015 by L.L.
No. 5-2015]
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
"trailer" shall include vehicles if mounted on temporary or permanent
foundations with the wheels removed.
A use customarily incidental and subordinate to the main
use on a lot (i.e., garage) whether such accessory use is conducted
in a principal or accessory building. This definition includes all
active and passive accessory uses.
[Amended 11-1-2021 by L.L. No. 10-2021]
Uses that occupy a structure in a manner that exceed storage
such as pool house, studio, office, woodworking shop, playroom or
game room. Not included in this definition are structures for the
housing of fowl, horses, equine livestock or domestic animals.
[Added 11-1-2021 by L.L.
No. 10-2021]
Storage uses such as garden houses, tool sheds and garage.
Any use that exceeds strictly storage use will be considered an active
accessory use.
[Added 11-1-2021 by L.L.
No. 10-2021]
The Board of Trustees of the Incorporated Village of Port
Jefferson.
Includes an opening or aperture, such as, but not limited
to a sliding or removable window, door or building panel, through
which business is conducted from inside a building to patrons or customers
located outside the building.
Any sign painted on or affixed to a window or glass door
of a building or placed in the interior of such building within four
feet from the inside surface of such window or door and visible from
the exterior of such building.
The product of the normal alcoholic fermentation of the juice
of fresh, sound, ripe grapes, or other fruits or plants with the usual
cellar treatment and necessary additions to correct defects due to
climatic, saccharine and seasonal conditions, including champagne,
sparkling and fortified wine of an alcoholic content not to exceed
24% by volume.
Any place or premises wherein wines are manufactured from
any fruit or brandies distilled as the by-product of wine or other
fruit or cordials compounded.
An unoccupied ground area fully open to the sky between either
the street line or a street line established on the Official Map of
the Village or an approved subdivision plat and a line (known as the
"setback line") drawn parallel to said street line at the front line
of the structure.
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel to the rear lot line at the
rear line of the structure.
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.
