Except where specifically defined herein, all
words used in this chapter shall be given their customary meanings.
Words used in the present tense include the future; the plural includes
the singular; the word "shall" is intended to be mandatory; and, unless
otherwise specified, all distance and dimension requirements refer
to the horizontal.
As used in this chapter, the following terms
shall have the meanings indicated:
A way or means of approach to provide vehicular or pedestrian
entrance or exit to a property.
[Added 11-6-2006 by L.L. No. 10-2006]
Any driveway, street, curb cut, turnout or other means of
providing for the movement of vehicles to or from the public/private
roadway network.
[Added 11-6-2006 by L.L. No. 10-2006]
A subordinate building or use, located on the same plot on
which the main building or use is situated, which is reasonably necessary
to and incidental to the conduct of the primary use of each building
or main use and which is also dependent upon the predominant building
or use. Accessory structures in residence districts shall not feature
habitable living space. In business districts (Central Business A,
Central Business B, Marine Business, Highway Business and Neighborhood
Business), the term "accessory use" shall not include the following:
the use or intended use of a portion of a business use premises located
in any of the business zone districts of the Village for the operation
of more than two coin-operated amusement devices (as the same is defined
herein) for the use of the general public or specific invitees.
[Amended 1-5-1982 by L.L. No. 2-1982; 9-5-2006 by L.L. No. 9-2006]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
A sloped wall or embankment, typically constructed of earth,
used to prevent inflow or outflow of material into/from an area. Berms
may also be landscaped and used for visual screening.
[Added 11-6-2006 by L.L. No. 10-2006]
For the purposes of stormwater management structural or nonstructural
and managerial techniques that are recognized to be the most effective
and practical means to prevent or reduce nonpoint source pollutants
from entering receiving waters.
[Added 11-6-2006 by L.L. No. 10-2006]
Any structure having a roof supported by columns or walls
and designed or intended for the shelter, support, enclosure or protection
of persons, animals or chattels.
The vertical distance measured from the average elevation
of the proposed finished grade or the average natural grade (whichever
is lowest) at the lowest side of the building to the highest point
of the roof for flat roofs, to the deckline of mansard roofs and to
the mean height between eaves and ridge for gable, hip and gambrel
roofs. Chimneys, towers, cupolas, spires, domes and other ornamental
features are to be excluded in the computation of building height.
Ventilators, air-conditioning devices and machinery, tanks, bulkheads
and other accessory features required above roofs shall be included
in the computation of building height. Any change in the natural grade
requires a variance from the Board of Zoning Appeals, except for retaining
walls authorized by the Planning Board.
[Amended 11-16-1976 by L.L. No. 14-1976; 9-5-2006 by L.L. No. 9-2006]
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.
[Added 1-5-1982 by L.L. No. 2-1982]
Any food establishment which has as a principal use, or has
as one of its principal uses, to regularly serve food and/or alcoholic
beverages to patrons on a group basis, for functions, occasions or
events, and where the facilities are capable of serving a meal to
150 or more persons at one sitting shall be considered a commercial
catering establishment.
[Added 6-15-1999 by L.L. No. 8-1999]
An establishment primarily engaged in retailing a limited
line of goods that generally includes milk, bread, soda, and snacks.
[Added 11-6-2006 by L.L. No. 10-2006]
That percentage of the plot or lot area covered by the building
area.
A service drive providing vehicular or pedestrian access
between two or more contiguous sites so the driver or pedestrian need
not enter the public street system.
[Added 11-6-2006 by L.L. No. 10-2006]
A commercial facility where the customer drives a motor vehicle
onto the premise and to a window or mechanical device through or by
which the customer is serviced without exiting the vehicle. This shall
not include the selling of fuel at a gasoline filling station or the
accessory functions of a carwash facility such as vacuum cleaning
stations.
[Added 11-6-2006 by L.L. No. 10-2006]
The distance between access connections, measured from the
closest edge of pavement of the driveway or curb cut to the next closest
edge of the pavement along the public/private roadway.
[Added 11-6-2006 by L.L. No. 10-2006]
DWELLING GROUPA group of two or more one-family, two-family or multiple-family dwellings occupying a lot in single ownership and having a yard in common or, alternatively, a similar group of buildings owned by one person or cooperatively by several owners.
DWELLING, MULTIPLEA building or portion thereof containing three or more dwelling units or apartments.
DWELLING UNIT, APARTMENT or RESIDENCEA building or portion thereof providing complete housekeeping facilities, including not more than one kitchen and at least one complete bathroom for the use of one family.
[Amended 6-5-1973]
[Amended 8-20-1974; 8-17-1999 by L.L. No. 12-1999; 7-17-2001 by L.L. No. 8-2001]
The following groups shall be considered a family:
Any number of persons related by blood, marriage
or legal adoption, guardianship or other duly authorized custodial
relationship, occupying a single dwelling unit, living and cooking
together as a single, nonprofit housekeeping unit;
A person living alone;
Two unrelated people;
Two unrelated people and any children related
to either of them; or
Not more than eight people who are "handicapped"
as defined in the Fair Housing Act, 42 U.S.C. § 3602(h).
This definition does not include those persons currently illegally
using or addicted to a "controlled substance" as defined in the Controlled
Substances Act, 21 U.S.C. § 802(6).
The following groups shall not be considered
a family:
Persons occupying a single nonprofit dwelling
unit on a transient or seasonal basis rather than of a permanent and
domestic character;
Persons occupying group quarters, such as a
dormitory, a fraternity or sorority house or a seminary;
Any group of individuals who are in a group
living arrangement as a result of criminal offenses; or
Any group of individuals whose presence is a
violation of existing law, code or ordinance.
Notwithstanding the provisions set forth herein in this definition, a group of persons not qualifying under Subsection A herein shall be considered a family upon a determination of the Board of Zoning Appeals that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection D herein. Before making such a determination under this Subsection, the Board of Zoning Appeals shall hold a public hearing after giving public notice as provided for in this Chapter. An application for such a determination shall be made on a form to be provided by the Board of Zoning Appeals and the fee for such application shall be $150.
In making a determination under Subsection C herein, the Board of Zoning Appeals shall find that:
The group is one which in theory, size, appearance
and structure resembles a traditional family unit.
The group is one which will live and cook together
as a single housekeeping unit, share expenses for food, rent, ownership
costs, utilities and other household expenses.
The group is of a permanent and stable nature
and is neither a framework for transient or seasonal living nor merely
an association or relationship which is transient or seasonal in nature.
Evidence of such permanence and stability includes, but is not limited
to:
The presence of minor children regularly residing
in the household who are enrolled in a local school;
Members of the household have the same address
for the purposes of voter registration, drivers' licenses, motor vehicle
registration, filing of taxes and delivery of mail;
The household has been living together as a
unit for a year or more whether in the current dwelling unit or in
other dwelling units;
Common ownership of furniture and appliances
among the members of the household; and
Any other factor reasonably related to whether
or not the occupants are the functional equivalent of a family.
All other requirements of this chapter regarding
the use and occupancy of a residence for one family shall be complied
with.
Any determination under this subsection shall
be limited to the status of a particular group of persons as a family
and shall not be interpreted as authorizing any other use, occupancy
or activity.
In no case shall a residence for a single family
have more than one kitchen.
In no case shall a residence for a single family
be occupied by more than the number of persons permitted under the
standards presented in this chapter.
In no case shall the persons occupying a residence
for a single family have leases or rental arrangements for the payment
of rent for portions of the residence among its owners and persons
occupying such residence.
Floor plans of the dwelling unit shall be submitted
to the Board of Zoning Appeals and must conform to all Village and
state laws, regulations and codes.
There shall be at least one room which is not
designed as a conventional bedroom, bathroom, foyer, storage area
or closet.
Use and occupancy of the dwelling by the group
will not conflict with a stable, uncongested single-family environment
and will be compatible with the character of the neighborhood in which
the dwelling is located.
The Board of Zoning Appeals may impose such
conditions and safeguards as it shall deem necessary or advisable
in order to maintain the stability and character of the neighborhood
and protect the health, safety and welfare.
It shall be presumed that a residence for a
single family is occupied by more than one family if any one or more
of the following features are found to exist by the Code Compliance
Director or Building Inspector, his or her designee, or any person
authorized to enforce or investigate violations of this chapter:
More than one mailbox;
More than one gas meter;
More than one electric meter;
More than one connecting line for utility services;
Separate entrances for segregated parts of the
dwelling unit, including but not limited to bedrooms;
Permanent partitions or secured internal doors
which may serve to bar access between segregated portions of the dwelling
unit, including but not limited to bedrooms;
Separate written or oral leases or rental arrangements,
payments or agreements for portions of the dwelling unit among its
owner(s) and occupants;
The inability of any occupant to have lawful
access to all parts of the dwelling unit; or
Two or more kitchens, each of which contains
a range or oven, refrigerator and sink.
An establishment engaged in providing prepared food and beverage
items where patrons order or select items at a counter or station
for primarily off-premises consumption, but which has limited seating
for consumption on the premises.
[Added 11-6-2006 by L.L. No. 10-2006]
A garage used for storage purposes only and having a capacity
of not more than four automobiles or not more than one automobile
per family housed in the building to which such garage is accessory,
whichever is greater. Space therein may be used for not more than
one commercial vehicle, and space may be rented for not more than
two vehicles of others than occupants of the building to which such
garage is accessory.
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof. The conducting of a clinic,
hospital, barbershop, beauty parlor, tearoom, animal hospital, real
estate office or any similar use shall not be deemed to be a home
occupation.
A business or commercial use of a lot or lots consisting of a building which is no less than 12,000 square feet in size, designed to be made available to the public as sleeping accommodations for paying, transient customers on a daily rental basis and where no guest room shall have its own kitchen or cooking facility of any kind and where no laundry appliances located or maintained anywhere on the premises shall be available for use by its guests or customers. A hotel/inn must contain no less than 15 and no more than 50 separate guest rooms of not less than 325 square feet per room. A hotel/inn may contain offices for the management of the hotel/inn, meeting rooms, a fitness center, maintenance spaces, laundry services spaces, a lobby, common area bathrooms, corridors and staircases, lounges and computer or technology rooms, a gift shop and/or spa, all of which are part of a single use as a hotel/inn. Any spa or fitness center which is part of a hotel/inn shall be limited in its use to guests staying at the hotel/inn. A hotel/inn may contain a restaurant and bar for provision of meals and alcoholic and nonalcoholic drinks for patrons which are also open to the general public as an accessory use. Any accessory use(s) shall be required to comply with the parking requirements as set forth in § 306-21 of the Northport Village Code.
[Added 8-22-2017 by L.L.
No. 2-2017]
Species of plants so reproductively successful and aggressive
that they can dominate an area, and which interfere seriously with
the natural functioning and diversity of the ecosystem where they
become established.
[Added 11-6-2006 by L.L. No. 10-2006]
A driveway connecting two or more contiguous sites to the
public street system.
[Added 11-6-2006 by L.L. No. 10-2006]
Any facility used for the preparation, cooking, heating and
warming of food.
[Added 6-5-1973]
A parcel of land occupied or designed to be occupied by one
building and the accessory buildings or uses customarily incidental
to it, including such open spaces as are arranged and designed to
be used in connection with such building. A lot may or may not be
the land shown as a lot on a duly recorded plat. The term "lot" shall
include the terms plot, premises, piece or parcel of land.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
In quadrilaterally shaped lots, the distance from the street
line of an interior lot to its opposite rear line measured along the
median in the general direction of the side lines of the lot and from
a street line of a corner lot along the median to the opposite line
from which the depth of the rear yard is measured; in other shaped
lots, along the median of the largest quadrilateral that can be set
out within the plot lines.
A lot other than a corner lot.
The minimum width of the lot measured perpendicular to the
depth of the lot at the minimum zoning setback line established for
the district (i.e., front yard depth).
[Amended 11-16-1976 by L.L. No. 14-1976]
Parcels of property commonly owned and used in conjunction
with a principal adjacent parcel are considered to be one parcel for
the purposes of determining zoning requirements, and each such lot
shall no longer be considered to be held in single and separate ownership.
For the purposes of this section "principal parcel" shall mean the
parcel or lot which is improved with the primary residential structure.
[Added 5-21-2002 by L.L. No. 7-2002]
Any building, structure or use of land lawfully existing
at the time of enactment of this chapter, or any amendment thereto,
and which does not conform to the regulations of the district or zone
in which it is situated by reason of the enactment of this chapter
or subsequent amendment or because of alteration in street alignment.
[Amended 10-6-1998 by L.L. No. 6-1998]
An area having direct access to a street and required for
parking one automobile, which in this chapter is held to be an area
10 feet wide and 20 feet long, except for a parking space situated
within the Marine Business District, which may be an area nine feet
wide by 18 feet long, not including passageways and driveways appurtenant
thereto and giving access thereto.
[Amended 5-21-1968;2-7-2023 by L.L. No. 2-2023]
A predominant or primary use for which land, a building or
structure thereon is designed, arranged or intended for use or for
which it is or may be occupied or maintained, and is not 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.
[Added 6-15-1999 by L.L. No. 8-1999]
A use required for discharge of a municipal or governmental
function, except correctional institutions and hospitals for the care
of the mentally ill or mentally disabled, or persons with alcohol-
and substance-abuse problems.
[Amended 8-17-1999 by L.L. No. 12-1999[1]]
An establishment that serves food and beverages for consumption
on the premises.
[Added 11-6-2006 by L.L. No. 10-2006]
Any device for visual communication, whether lettered, illustrated,
decorated or unmarked, that is used for the purpose of bringing the
subject thereof to the attention of the public, but not including
any flag, badge or insignia of any government or governmental agency
or any civic, charitable, religious, patriotic or fraternal organization.
For the purposes of this chapter, a "sign" shall not include any nonilluminated
device within any building not located in a residential area.
[Amended 8-17-1999 by L.L. No. 12-1999]
An area of stacking spaces and driving lane provided for
vehicles waiting for drive-through service that is physically separated
from other traffic and pedestrian circulation on the site.
[Added 11-6-2006 by L.L. No. 10-2006]
An area within a stacking lane sufficient in size to contain
a single vehicle waiting to order and/or finish a drive-through transaction.
[Added 11-6-2006 by L.L. No. 10-2006]
A public or private road, street, highway, avenue, way, alley
or similar route used or capable of being used publicly or privately
for the passage of vehicles.
The distance, in feet, of a lot line, as measured along an
adjoining street.
That 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, then the space between any floor and the ceiling
next above it.
[2]The purpose for which land, a building or structure thereon
is designed, arranged or intended for use or for which it is or may
be occupied or maintained.
[Added 6-15-1999 by L.L. No. 8-1999]
Occupied or intended, arranged or designed to be used or
occupied.
An open unoccupied space on the same plot with a main building
extending along all street frontages for the full length thereof and
situated between the street lines and lines parallel thereto running
through the portion of the main building nearest each adjacent street
line. Corner lots shall have two front yards.
[Amended 8-5-1980 by L.L. No. 7-1980]
An open unoccupied space on the same lot with a main building
situated between the rear line of the building and the rear line of
the lot and extending the full width of the lot. The depth of the
rear yard shall be measured from the rear lot line of any interior
lot and, in the case of a corner lot, from the shorter or equidistant
lot line not abutting a street.
[Amended 8-5-1980 by L.L. No. 7-1980]
An open unoccupied space on the same lot with a main building
situated between the building and the side lines of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line, and every quadrilateral
corner lot shall be deemed to have one side line.
[Amended 8-5-1980 by L.L. No. 7-1980]
[1]
Editor's Note: The former definition of "residential
hotel," which immediately followed this definition, was repealed 11-16-1976
by L.L. No. 14-1976.
[2]
Editor's Note: The former definition of "unloading
space," which immediately followed this definition, was repealed 11-16-1976
by L.L. No. 14-1976.
All terms and words used in this chapter, if
not specifically defined, shall be so interpreted as to be as nearly
as possible in conformity with similar terms or words used in other
local ordinances and regulations, or by other pertinent authority.
Any conflict or ambiguity shall be resolved by the Board of Zoning
Appeals.
