A.
Word usage. Words stated in the present tense include
the future. The singular includes the plural, and the plural includes
the singular. The word "person" includes a corporation, partnership
or other combination of persons. The word "lot" includes the word
"plot" or "parcel." The word "building" includes the word "structure."
The word "site" includes all property and its accessories. The word
"shall" is mandatory and not directory and does not indicate mere
futurity unless the context clearly so requires. The word "Village"
means the Incorporated Village of North Hills or the duly designated
officer to whose title it relates. The "Village Board," " Board of
Appeals," "Planning Board," "Code Enforcement Officer," "Village Attorney,"
etc., mean respectively such officers, employees or boards of the
Village of North Hills. The terms "occupied" and "used" as applied
to any land or building shall be construed as though followed by the
words "or intended, arranged or designed to be occupied or used."
[Amended 9-18-2019 by L.L. No. 3-2019]
B.
ACCESSORY USE
ACRE
ALTERATION
AREA OF A BUILDING
BASEMENT
BUILDING
(1)
(2)
(3)
BUILDING, DETACHED
BUILDING LINE
CELLAR
CLUB, COMMERCIAL MEMBERSHIP
CLUB, NONCOMMERCIAL MEMBERSHIP
CLUSTER DEVELOPMENT
CODE ENFORCEMENT OFFICER
COMMON OPEN SPACE or OPEN SPACE
COURT
COVERAGE, BUILDING
CULTURAL USES
CURB LEVEL
DEVELOPER
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
DRAINAGE
DWELLING
(1)
(2)
FAMILY
FLOOR AREA
FLOOR AREA RATIO (FAR)
FRONT OF STRUCTURE
GARAGE
(1)
(2)
GRADE, ESTABLISHED
GRADE, FINISHED
GROUND AREA OR COVERAGE OF BUILDING
HEIGHT OF BUILDING
HOME OCCUPATION
HOTEL
INTACT PARCEL
LINE, LOT
LINE, STREET
LIVABLE FLOOR AREA
(1)
LOADING SPACE
LOT
(1)
(2)
(3)
(4)
(5)
(6)
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NOTICE (WRITTEN)
OCCUPIED
OFFICE BUILDING
OFFICE, PROFESSIONAL
OPEN SPACE
PARKING AISLE
PARKING SPACE
PEDESTRIAN MALL
RESEARCH AND DEVELOPMENT ESTABLISHMENT
RESTAURANT
RIGHT-OF-WAY
ROOMING HOUSE or BOARDINGHOUSE
SIGN
SINGLE-PURPOSE BUILDING
SOCIAL CLUB
STORY
(1)
STREET
STRUCTURE
TERRACE
USE
YARD
(1)
(2)
(3)
Definitions. Unless otherwise expressly stated, the
following terms, for the purpose of this chapter, shall have the meanings
herein indicated:[1]
A subordinate use, occupancy or tenancy customarily incidental
to the principal use assigned to the property based upon the ability
of the property to sustain use.
The complete 43,560 square feet as accepted gross measurement
and not the "builder's lot" description, which will be the net measurement
(accepted less streets, basins, etc., computed at 15%).
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders or floors, or any other
change which is not merely a repair or replacement of an existing
part but which would tend to enlarge or diminish the livable or usable
floor area of the structure or any part thereof or cause a change
in the location or height of the exterior walls or roof of the structure
or make possible a greater intensity of occupancy than is permitted
herein. It does not include ordinary repairs.
The total number of square feet of horizontal surface covered
by a building, including covered porches and attached accessory building.
All measurements shall be made between exterior faces of walls, foundations,
piers or other means of support above or below the ground level.
That space of a building which is partly below grade level,
which may be considered a story and may be used as a principal use.
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is situated.
ACCESSORY BUILDINGA subordinate building, the use of which is customarily incidental to that of the principal building on the same lot.
NONRESIDENTIAL BUILDINGA building occupied by the principal use upon a lot, which use is other than for dwelling purposes.
A building entirely separated by open spaces from other buildings.
The furthermost outside line of the exterior wall of a building
at ground level.
That space of a building entirely or partly underground and
having more than 1/2 its clear height measured from floor of cellar
below the average level of the finished grade. A "cellar" shall not
be considered a story for the purpose of height measurement in determining
the permissible number of stories. A "cellar" shall not be used or
occupied as lounging, living, eating or sleeping quarters in a residential
building or for office or other principal use in a nonresidential
building.
An organization for profit having premises, buildings and
facilities catering exclusively to users paying admission fees or
charges and their guests for recreational, athletic or related purposes.
A not-for-profit organization having premises, buildings
and facilities catering exclusively to dues-paying members and their
guests for recreational, athletic or related purposes, and excluding
commercial admissions activities, except as required generally for
the membership and purpose of such club. For the purposes of this
definition, the term of any membership shall be not less than 60 days.
A land development or subdivision in which lot sizes are
less than the minimum required by this chapter in their district and
in which the size deficiency is compensated for by reserved common
open space.
The person(s) appointed by resolution of the Board of Trustees
to enforce the provisions of this chapter.
An area of land or water, or a combination of land and water,
within a site or lot designated for a cluster residential development
and designed and intended for the use of the residents of that cluster
residential development. Common open space may contain such accessory
site or buildings, structures and improvements as are appropriate
for the benefit of the residents of the development.
An open and unoccupied space on the same lot and enclosed
on at least three sides by walls of a building.
That percentage of the plot or lot area covered by the maximum
horizontal plane of a building or buildings, including garages and
other accessory buildings. All measurements shall be made between
exterior faces of walls, foundations, piers or other means of support
above or below the ground level.
Those uses of the type officially recognized as such by the
New York State Department of Education and the New York State Council
on the Arts.
The officially established town or county grade of the curb
top at the designated front of the building.
An individual, partnership, corporation or legal entity developing
a project.
In this chapter each district shall be deemed to be more
restricted than the districts after it in the chapter and each district
shall be deemed to be less restricted than the districts before it
in the chapter. Individual uses shall be deemed to be more restricted
or less restricted in accordance with their classification as permitted
principal uses and their position as above set forth in the chapter.
The natural watercourse of the watershed and its flow or
man-made system.
A building containing only dwelling units. The term shall
not include a rooming house, hotel, motel, tourist home, automobile
court or other accommodations used for transient occupancy.
ONE-FAMILY DWELLINGA building containing one dwelling unit only, or a separately owned unit in which one family resides within a building containing more than one such separately owned unit as permitted by this chapter.
DWELLING UNITA separately contained housekeeping unit within a building, intended, designed and built for use by one family, having facilities for cooking, eating and sleeping therein.
Any number of individuals and servants living and cooking
together on the premises as a single dwelling or housekeeping unit.
Customary domestic servants are an adjunct to the term "family."
The portion of a building measured from the exterior of outside
wall to the exterior of outside wall or to the center line of a party
wall, but not including cellars.
The total floor area of all buildings on the lot divided
by the total lot area.
The face parallel to the road or drive and which contains
the main access to the building. If the main entrance is not located
in such face, the Code Enforcement Officer may designate which face
of the structure is the front.
PRIVATE GARAGEAn accessory building or part of a primary building used mainly for the storage of passenger vehicles for occupants of the building as an accessory use.
PUBLIC GARAGEA building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for remuneration, including any sale, storage, repair or dismantling of motor vehicle parts or accessories, or where any such vehicles are kept for hire.
The elevation of the center line of the streets as officially
established by state, county, town or Village authorities.
The completed surface of lawns, walks and roads brought to
grades as shown on approved plans or designs relating thereto.
The number of square feet of horizontal surface covered by
a building, including covered porches and attached accessory building.
The height as measured from the average height of the foundation
or finished grade level in front of the building to, in the case of
a building other than a single-family detached dwelling, the highest
level of a flat roof or to the average height of a pitched, gable,
hip, gambrel or other roof, excluding bulkheads, penthouses and similar
construction enclosing equipment or stairs, and, in the case of a
single-family detached dwelling, the highest level of a flat roof
or the peak of a pitched, gable, hip, gambrel or other roof, excluding
bulkheads, penthouses and similar construction enclosing equipment
or stairs. When a building is set back more than 35 feet from the
front street line, the height may be measured from the top of the
foundation wall or from the average finished grade level around the
building if difficult land contours are present. (Where a one-family
dwelling is to be erected on a plot abutting on two or more streets,
any one of such streets may be selected as the front street line.
Where any building other than a one-family dwelling is to be erected
on a plot abutting two or more streets, the applicant must designate
the street on which such building shall front.)
[Amended 11-15-2006 by L.L. No. 3-2006]
Any use customarily conducted entirely within a dwelling
and carried on by the residents thereof, which use is clearly incidental
and secondary to the principal use of the dwelling for dwelling purposes
and does not change the character thereof. The conducting of a clinic,
hospital, barbershop, plumbing shop, beauty parlor, tearoom, tourist
home, animal hospital, kennel or similar use shall not be deemed to
be a home occupation.
A building or buildings in which lodgings are provided for
persons as transient guests and are offered to the public for compensation
and in which ingress and egress to and from all rooms is made through
an inside lobby or office supervised by a person in charge at all
times. A "hotel" may include an accessory restaurant or coffee shop
or other facilities primarily for the services of hotel guests. Other
transient facilities such as a motel, motor court, tourist home or
other similar use are not included under this term.
A parcel of land not traversed by a street or right-of-way.
Any boundary line of a lot.
The dividing line between the lot and the street.
All horizontal space within the inside of exterior or party
walls of the dwelling exclusive of garages, cellars, heater rooms
and basements and of open unheated porches and breezeways, but including
the area of all heated livable rooms, kitchens, utility rooms, bathrooms
and all closets and hallways directly appurtenant thereto and the
area of all attic space having a clear height of at least 5 1/2
feet from finished floor level to pitch of roof rafter and seven feet
nine inches from finished floor level to ceiling level over 50% of
the area of such attic space.
AVERAGE LIVABLE AREAIn a multifamily dwelling, the sum of the gross floor area of the ground floor and all living floors above the ground floor (including public hallways, stairways and elevator shafts providing access thereto but excluding all garage space, cellars, heater rooms, basements and open or unheated porches, balconies, breezeways and all nonlivable space under the roof) divided by the number of separate dwelling units in such multifamily dwelling.
Any off-street space available for the loading or unloading
of goods and not less than 14 feet wide and 35 feet long, having direct
usable access to a street, except that where one such loading space
has been provided, any additional loading space lying alongside, contiguous
to and not separated from such first loading space need not be wider
than 12 feet.
A parcel of land held in single or separate ownership, separately
bounded, whether vacant or occupied or to be occupied by a building
and its accessory buildings, together with such open spaces as are
required under the provisions of this chapter, having not less than
the minimum area and width required by this chapter for a lot in the
district in which such land is situated and having its principal frontage
on a street or on such other means of access as may be determined
in accordance with the provisions of law to be adequate as a condition
of the issuance of a building permit for a building on such land.
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets.
INTERIOR LOTA lot other than a corner lot.
LOT AREAThe total horizontal area included within lot lines.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines and in conformity with the definition of "lot area."
LOT WIDTHThe minimum width of a lot measured perpendicular to the depth of the lot at the minimum zoning setback line established for the district.
REAR LOT LINEThe lot line 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.[2]
Any building which does not conform to the provisions of
this Code but which conformed to the provisions of this Code applicable
at the time it was created or established or at any time thereafter.
Any lot or site which does not conform to the provisions
of this Code but which conformed to the provisions of this Code applicable
at the time it was created or established or at any time thereafter.
Any use of property which does not conform to the provisions
of this Code but which conformed to the provisions of this Code applicable
at the time it was created or established or at any time thereafter.
A notification in writing delivered in person to the individual
or to the parties intended, or delivered at or sent by registered
or certified mail to the last known business or home address of the
person or persons to be notified.
As applied to a building or premises, this term shall be
construed as though followed by the words "or intended, arranged or
designed to be occupied."
A building intended or designed to be used for any type of
commercial use.
A building intended or designed as offices for a doctor,
dentist, lawyer, architect, engineer or accountant or medical professional
person licensed by the State of New York pursuant to the Education
Law.
See "common open space.”
A lane, exclusive of parking space. A parking aisle shall
have a width of at least 24 feet.
A space which has a width of 10 feet and a depth of 20 feet
and which is directly accessible and available for the parking of
one vehicle from a parking aisle or equivalent access or turning area.
An enclosed common area for pedestrian and decorative use,
no portion of which shall be used or occupied for sales or business
purposes, except for a kiosk.
A commercial use establishment for the design, testing and
engineering of products, services and methods, but not for the production
of goods or products for sale, the testing of animals or for wholesale
or retail sales.
A building or portion thereof used for the preparation and
sale of food for consumption within such building.
Land over which persons other than the owner have a right
of access or passage by foot or vehicle; an easement of way.
A structure for transient lodgers which may also have facilities
for cooking and serving meals to lodgers or boarders and otherwise
conforming to the definition of a "hotel."
Any device or representation for visual communication used
as or which is in the nature of an advertisement, announcement or
direction, including any letter, word, model, banner, pennant, insignia
or trade flag, but excluding any traffic control devices.
A building or structure which has only one use.
An entity established pursuant to the provisions of the Not-For-Profit
Corporation Law or other similar law, which is the owner, lessee or
occupant of an establishment operated solely for a recreational, social,
patriotic, benevolent or athletic purpose and not for pecuniary gain,
whose membership consists of persons duly admitted thereto in accordance
with its bylaws and who pay annual or commuted dues in accordance
with such bylaws.
The portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, the underside of the ceiling or roof surface
directly above it. A basement shall be counted as a story if its ceiling
is more than five feet above the average level of the ground or above
the level from which the height of the building is measured, or if
it is used for business purposes other than storage or for dwelling
purposes, including by a janitor or watchman. No basement space shall
be used for dwelling purposes unless the height thereof from finished
floor to ceiling is at least seven feet six inches and at least five
feet thereof is above the average level of the adjacent ground and
unless the window area thereof equals at least 10% of the floor area
of such space so used.
HALF-STORYLivable space above the highest full story of a building which contains or is designed to contain finished rooms under the roof accessible by a permanent stairway, which rooms shall have a clear height of at least four feet from finished floor to pitch of rafter and a clear height of at least seven feet six inches from floor to ceiling over at least 50% of the area of each such room. If the aggregate livable area of such space under the roof, including area in stairways, halls and enclosing partitions, exceeds 50% of the gross floor area of the floor immediately below, it shall be included as a full story in computing the height of a building; but if such aggregate livable area is less than 50% of the gross floor area of the floor below, it shall be included as a half story in computing the building height.
A public or private thoroughfare, however designated, which
affords the principal means of access to abutting property.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including a tent, solar panel, stand, platform, tower,
antenna, tank, bin, well, gate, fence or other form of bulk space.
A paved yard area, exclusive of driveways, driveway aprons
and walks.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use nor negate the need for a permit for
such use.
An open space on the same lot with a building or a 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 hereinafter provided. In measuring
a yard, the line of a building shall mean the line parallel to the
nearest lot line, drawn along or through the outside point of a building
or the point of a group of buildings nearest to such lot line (exclusive
of the respective features specified in this chapter as not to be
considered in measuring yard dimensions or as being permitted to extend
into any front, side or rear yard, respectively), and the measurement
shall be taken at right angles from the line of the building to the
nearest lot line.
FRONT YARDA yard extending across the full width of the lot and lying between the front property line and the nearest line of the building.
REAR YARDA yard extending across the full width of the lot and lying between the rear property line of the lot and the nearest line of the building.
SIDE YARDA 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 or rear property line, as the case may be.
