Village of Amityville, NY General Provisions

For the constructing, repairing or storing of boats, marine equipment, materials and accessories thereto.

For the sale of new or used boats, marine equipment and products.

COIN-OPERATED AMUSEMENT DEVICE

By a boat storage rack in the B-3 Marine Business District.

BUILDING AREA

The total of the horizontal cross-section area of the buildings on a lot exclusive of cornices, eaves, gutters, chimneys and bay windows projecting not more than 18 inches, and steps projecting not more than five feet.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front street line of the lot. This face includes bay windows and porches, whether enclosed or not, and steps extending more than five feet.

Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged.

CORNER LOT

A lot where at least two adjacent sides abut on streets or public places.

CURB LEVEL

The grade of the curb along the front street line of the lot established by the Village Engineer, and in the absence of a curb, the crown of the road.

DEPTH OF A LOT

The average distance from the front street line to the rear line of the lot measured in a general direction normal to the front street line.

DRY-DOCK STORAGE MARINA

A business which must be licensed pursuant to the terms of Article VIII of Chapter 107 of this Code, involving the use of a boat storage rack building to temporarily store boats and watercraft when not in use in between the occasional removal and use of them between June 1 and September 30 of any year.

DWELLING

A building or a portion of a building designed or arranged to provide living facilities for one or more families. "Dwellings" are classified as follows:

ONE-FAMILY DWELLINGA detached house consisting of or intended to be occupied as a residence by one family only, as family is hereafter defined. In no case shall a nursing home, an adult home, a lodging house, boardinghouse, fraternity house, sorority house or multiple dwelling be classified or construed as a "one-family dwelling."

TWO-FAMILY DWELLINGA building occupied exclusively as a home or residence for two families living independently of each other.

FRONTAGE or FRONT STREET LINE OF A LOT

MULTIPLE DWELLINGA building occupied exclusively as a residence for three or more families living independently of each other, including apartment houses, group houses, apartment hotels, condominiums and cooperative apartments.

(4)

MIXED-USE DWELLINGA building, a portion of which is used for dwelling purposes for not more than two families and the remaining portion of which is used for business purposes.

(5)

PROFESSIONAL MIXED-USE DWELLINGA building containing not more than three units for office use or dwelling purposes but for not more than two families; the office unit or units of which may be used only for professional offices of architects, attorneys, chiropractors, dentists, professional engineers, medical doctors, optometrists, osteopaths, podiatrists, real estate or insurance brokers, surveyors or physical therapists. All references of limitations, costs and fees set forth in this Code which apply to mixed-use dwellings shall also apply to professional mixed-use dwellings, unless specifically stated otherwise.

FAMILY

A single person or collective group of persons related by kinship, adoption, blood or marriage, or the functional and factual equivalent of a natural family, living and cooking together as a single housekeeping unit of a permanent and distinct domestic character.

FAST-FOOD ESTABLISHMENT

Any store, restaurant, cafe or other business selling or serving food or beverages which makes use of a drive-in, drive-through or drive-up window, for any of its customers.

FINISHED GRADE

The curb level at the midpoint of the front street line of the lot, and in the absence of a curb, the midpoint of the crown of the road.

FLOOR AREA RATIO

The gross floor area of a structure divided by the total lot area.

[Added 2-28-2022 by L.L. No. 2-2022]

That boundary line which abuts a public street. If there is more than one street abutting, it means the street designated as the front street by the owner. The rear of a lot is the side opposite the front.

FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY

A single housekeeping unit, not a framework for transients or transient living, leading a nonprofit family-like existence which functions in every sense but a biological one as a single family unit.

GARAGE, PRIVATE

A building used for the storage of not more than three 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. Where such garage is attached to the principal building by a covered porch or breezeway, it shall be deemed an attached garage.

GARAGE, PUBLIC

Any garage other than a private garage, available to the public, operated for gain, including the use of land or building for the sale of new or used cars or for the storage, repair, rental or servicing of automobiles or motor vehicles, or for a gasoline filling station.

GARBAGE

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food and readily combustible material such as paper, cardboard, wood, excelsior and cloth; also food cans, glass food containers and bottles; also dead birds, cats, dogs and other small animals.

GRADE OF STREET

The elevation of the line of a street as established by the Board of Trustees or its designee.

HABITABLE SPACE

A space in a building for living, sleeping, eating or cooking, or used as a home occupation. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

HEIGHT OF A BUILDING

The vertical distance from the curb level to the highest point of the roof, provided that the chimneys, spires, towers, elevator enclosures and similar enclosures shall not be included in the height, and provided further that if the front yard setback of the building is more than 50 feet, said height shall be measured from the average grade of the ground surrounding such building.

JUNKYARD

A premises where articles that have outlived their usefulness in their original form are purchased, stored, and sold to be reconditioned, or for some other purpose including junk shops, junk stores, auto wreckers, salvage yards, and yards for collecting or dealing in junk motor vehicles. This definition shall include "junk metal" and "junk dealer" as defined in § 60 of the General Business Law.

LOT

A plot or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by common interest or use, and the customary accessory uses or buildings and open spaces belonging to the same.

NONCONFORMING USE

A structure or land occupied by a use that does not conform to the regulations of the district in which it is situated.

PARENT-CHILD RESIDENCE

A one-family dwelling altered to include a second kitchen for the sole use by the father, mother, son or daughter by blood, marriage or legal adoption of the owner occupying said one-family dwelling.

[Added 3-8-2010 by L.L. No. 1-2010]

PORCH

Any porch, veranda, gallery, balcony, terrace, piazza, portico, breezeway or similar projection from or connected with a main wall of a building.

COVERED PORCHOne with a roof.

ENCLOSED PORCHOne covered by a roof and fully enclosed with walls.

UNENCLOSED PORCHAny other porch.

RUBBISH or DEBRIS

Includes ordinary household or store trash of a flammable character, such as barrels, cartons, boxes, crates, furniture, appliances, wood, cloth, rugs, clothing, rags, mattresses, blankets, small tree trimmings, grass clippings, small stumps and similar garden waste; hay, fodder, feed, meal or other discarded animal or vegetable matter originally intended for animal consumption; planing mill waste, shavings, sawdust and such other materials not otherwise defined herein as may be readily consumed by incineration.

SCHOOL

PRIVATE SCHOOLA school giving special or limited instruction such as business, art, music, dancing, riding, camp activities or operated for private gain, or requiring the payment of tuition or other charges.

PUBLIC SCHOOLA school maintained for the purpose of giving a regular course of instruction to students of school age during the full school year under the Education Law of the State of New York and not requiring the payment of tuition.

SECURITY GATE

A barrier, screen or cover located either in front of or behind a door, window or other opening used for purposes of securing premises by preventing access or blocking passage to the interior of the premises but which enables the viewing of the interior of the premises from outside the premises.

SOLID WASTE

Any discarded material or substances, including but not limited to garbage, refuse, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous materials, incinerator residue, demolition and construction debris, offal and other discarded materials and substances resulting from industrial, commercial, mining and agricultural operations and from community activities, but not including sewage and other like diluted water-carried materials or substances or those in gaseous form or solid or dissolved materials or irrigation return flows or industrial discharges, toxic or hazardous substances as defined by applicable federal or state law, or source of any special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, as amended.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between any floor and the ceiling next above it, provided that the distance between the floor and the highest point of the ceiling is not less than seven feet. The first story is the lowest story entirely above the elevation of the finished grade.

ONE-STORY BUILDINGA building having only one floor above the level of the finished grade.

ONE-AND-A-HALF-STORY BUILDINGA building having two stories, but with the main eaves below the mid-height of the second story.

TWO-STORY BUILDINGA building having two floors above the level of the finished grade.

(4)

TWO-AND-A-HALF-STORY BUILDINGA building having three stories but with the main eaves below the mid-height of the third story.

STORY ABOVE GRADE

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:

More than six feet (1829 mm) above grade plane.

More than six feet (1829 mm) above the finished ground level for more than 50% of the total building perimeter.

More than 12 feet (3658 mm) above the finished ground level at any point.

STRUCTURE

Any combination of materials forming any construction and includes, among other things, stadiums, tents, trailers (whether movable or stationary), platforms, stagings, radio towers, gasoline pumps, tanks, standpipes, outdoor pools, walls, fences, trellises, pergolas, gates, display signs, bulkheads and docks.

SUBDIVISION

The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways.

YARD

The part of a lot unoccupied by any building.

FRONT YARDThe space on the same lot with the main building extending the full width of the lot between the front street line and the front of the building projected to the side lines of the lot. The depth of a front yard is the distance between the front line of the building and the street line.

REAR YARDThe space on the same lot with the main building extending the full width of the lot between the building and the rear lot line. The depth of a rear yard is the distance between the rear of the building and the rear lot line.