Definitions of words and terms. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- ACCESSORY BUILDING, STRUCTURE OR USE
- A building, structure or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.
- As applied to a building or structure, a change or rearrangement
in the structural parts including demolition, removal, and/or reconstruction
of external walls, weight-bearing walls, and internal fire walls which
separate tenants, or in the exit facilities, or an enlargement, whether
by extending on a side or by increasing in height, or the moving from
one location or position to another.[Amended 7-22-2004 by L.L. No. 4-2004]
- BOARD OF APPEALS
- The Board of Appeals of the village.
- A structure having a roof supported by columns or walls, and when separated by a party wall without openings, it shall be deemed a separate building.
- BUILDING AREA
- The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings on a lot, excluding one-story open porches, open terraces and uncovered steps.
- BUILDING HEIGHT
- The vertical distance from the average grade at the base
of the structure to the highest point of the roof, provided that chimneys,
spires and similar permitted projections shall not be included in
determining height.[Amended 4-17-2014 by L.L. No. 2-2014]
- BUILDING INSPECTOR
- The Building Inspector of the village.
- COMMERCIAL CENTER
- Any building or buildings, structure or structures or premises used by one or more enterprises for a commercial purpose specifically permitted within the particular use district in which this term is applied, where the proposed use occupies a site of five or more acres, whether built at one time as a unit or in two or more construction stages.
- CURB LEVEL
- The officially established grade of the curb in front of the midpoint of the lot.
- The application for the filing with the Planning Board of the Village of Lake Grove of a subdivision map under §§ 7-728, 7-730, 7-732, 7-734 and 7-738 of the Village Law and Chapter 159, Subdivision of Land, the application for a building permit or building permits under § 175-65 of this chapter or the construction of any type of structure for human habitation.[Amended 2-4-1999 by L.L. No. 1-1999]
- DRIVE-IN ESTABLISHMENT
- Any use which does not customarily provide off-street parking facilities and which serves the needs of customers who do not customarily leave their vehicles while being served. The term "drive-in establishment" shall be deemed to include but not be limited to such places of business as bank windows, restaurants, car washes and dairy stores.
- DWELLING, ONE-FAMILY
- A detached building designed for or occupied exclusively by one family doing its own cooking.
- DWELLING, TWO-FAMILY
- A detached building designed for or occupied exclusively
by two families living independently of each other with separate cooking
facilities.[Added 2-4-1999 by L.L. No. 1-1999]
- ESSENTIAL SERVICE
- The erection, construction, alteration or maintenance by public utilities or municipal corporations of underground or overhead gas, electrical or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal corporations or for the public health or safety or general welfare.
- 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.[Amended 2-4-1999 by L.L. No. 1-1999; 6-3-2004 by L.L. No. 3-2004]
- FLAG LOT
- A lot (resembling in shape a flag on a flagpole) which has
at least one street frontage that is provided by a strip of land (i.e.,
a flag strip, flag access strip, flagpole, or panhandle), which is
narrow in relation to the remainder of the lot, and extends from the
street to the main body or buildable portion of the lot (i.e., flag).[Added 7-22-2004 by L.L. No. 4-2004]
- FLAG STRIP, FLAG ACCESS STRIP, FLAGPOLE, OR PANHANDLE
- The part of a flag lot which is used to provide physical
access to and from the lot and street and which is narrow, both in
terms of its total road frontage and its relation to the buildable
portion of the lot.[Added 7-22-2004 by L.L. No. 4-2004]
- FLOOR AREA
- The total of the horizontal areas of the several floors of a building, excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All dimensions shall be measured between exterior faces of walls.
- FRONT BUILDING LINE
- The line across the entire frontage of the lot at the required front yard depth.
- GARAGE, PRIVATE
- A building used for the storage of one or more power-driven vehicles owned and used by the owner or tenant of the lot on which it is erected and for the storage of not more than two noncommercial automobiles owned or used by others.
- GARAGE, PUBLIC
- A building other than a private or minor garage, used for the storage or care of power-driven vehicles or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
- GRADE, ESTABLISHED
- The elevation of the center line of a street as officially established by authorities of the Town of Brookhaven and/or the Village of Lake Grove.
- GRADE, FINISHED
- The completed surfaces of lawns, driveways and walks brought to grades as shown on the plans or designs relating thereto.
- HOME OCCUPATION
- An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use and in connection therewith there is not involved the keeping of a stock-in-trade. The office of a physician, attorney, architect, accountant, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be a "home occupation"; and the occupations of dressmaker, milliner and seamstress, each with not more than one paid assistant, shall be deemed to be a "home occupation." Dance studios, musical instrument instruction in groups, tearooms, tourist homes, beauty parlors, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home occupations."
- A business premises equipped with individual clothes-washing or -drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a garden apartment or multiple dwelling.
- LOADING SPACE
- An off-street area not less than 12 feet wide and 22 feet long with an overhead clearance of at least 14 feet, exclusive of passageways, driveways, ramps, columns and other areas, on the same lot with a building or contiguous to a group of buildings, available for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
- A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter. Upland only shall be deemed land.
- LOT AREA
- The total area measured inside of all the lot lines.
- LOT, CORNER
- A lot situated at the junction of and fronting on two or more streets.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT LINES
- The lines bounding a lot as defined herein.
- LOT, THROUGH
- An interior lot having frontage on two streets.
- LUMBERYARD, CONSTRUCTION MATERIALS SUPPLY STORE
- Commercial establishment used wholly or partially for the
sale of lumber and related construction materials. For the purposes
of this chapter, lumber products and construction materials shall
include unfinished and finished wood and substitute wood products
used for framing and sheathing buildings, roofing materials, brick,
stone, pre-cast concrete or concrete blocks, sheet rock, exterior
siding, and other exterior construction materials regardless of whether
they are stored inside or outside a building or structure.[Added 7-22-2004 by L.L. No. 4-2004]
- NONCONFORMING USE
- Any building, structure or land lawfully occupied by a use that does not conform to the regulations of the use district in which it is situated.
- PARKING SPACE
- An off-street area not less than 10 feet wide and 20 feet long, exclusive of passageways, driveways, ramps, columns and other areas, available for the parking of one motor vehicle and having direct access to a street. Loading space shall not be included in such area.
- PLANNING BOARD
- The Planning Board of the village.
- Land with or without buildings and structures thereon.
- Every kind of billboard, signboard and other shape or device or display arranged, intended, designed or used to advertise, announce, direct or otherwise inform, including any text, symbol, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building or structure, but not including any flag, pennant or insignia of any nation, state or municipal corporation.
- SINGLY AND SEPARATELY OWNED LOT
- Any lot owned individually and separately and separate from
any adjoining tracts of land on or before September 9, 1968, and owned
individually and separately and separated from any adjoining tracts
of land continuously thereafter. A lot held by any person, firm, partnership,
corporation or any other legal entity which at any time had an interest
after September 9, 1968, directly or indirectly, in one or more lots
contiguous to the lot so held shall not be deemed single and separate.[Added 7-7-1994 by L.L. No. 5-1994]
- 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 such floor and the ceiling next above it.
- STORY, HALF
- A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story.
- A public or private road or highway which affords the principal means of access to abutting properties and which shall have a minimum proposed width of 50 feet.
- Anything constructed, built or erected which requires location on the ground or attached to something having location under or on the ground, including all types of signs and swimming pools constructed, maintained and used either above or below the ground level, but not including fences which are six feet or less in height or structures less than 100 square feet in area having no foundation or permanent attachment to the ground. The word "structure" shall be construed as though followed by the words "or any part thereof."
- SWIMMING POOL
- A body of water in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed on such adults or children, and includes all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a "swimming pool."
- The purpose for which land or a building or structure is designed, arranged, 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.
- The Incorporated Village of Lake Grove.
- VILLAGE BOARD
- The elected members of the village government, consisting of the Mayor and the four Trustees.
- VILLAGE CLERK
- The Village Clerk of the village.
- VILLAGE ENGINEER
- The Village Engineer of the village.
- An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
- YARD, FRONT
- 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.
- YARD, REAR
- 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.
- YARD, SIDE
- 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.
Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular include the plural number. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is always mandatory; and the word "used" or "occupied" shall be construed as though followed by the words "or intended, arranged or designed to be used or occupied."