ACCESSORY PARKING - The use of a portion of a lot for the placement of vehicles which is subordinate to and in conjunction with the main or principal use, building or structure.
ACCESSORY USE, BUILDING OR STRUCTURE - A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main or principal use, building or structure. The term "accessory building" may include a private garage, garden shed, playhouse, swimming pool, and a small private greenhouse not exceeding 500 square feet in area. The term "accessory building" shall not include any building used for sleeping purposes.
ALTERATION - As applied to a building or structure, any change or rearrangement in the structural pans or in the existing facilities; or an enlargement, whether by extending on the frontage, rear or side or by increasing the height or depth; or moving from one location to another. The term "alter" in its various modes and tenses and its participial form refers to the making of an alteration.
BALCONY - A projecting platform on a building at a height of three feet or greater from finished grade, sometimes supported from below, sometimes cantilevered, whether or not enclosed with a railing or balustrade to any extent. [Amended 5-11-1998 by L.L. No. 4-1998]
BASEMENT - That portion of a building which is partly below grade with less than half of its floor-to-ceiling height below the average of the adjoining ground. [Added 6-26-1996 by L.L. No. 4-1996]
BUILDING - A structure with a roof supported by columns or walls intended for the shelter, housing, or enclosure of persons, animals or chattels.
BUILDING, AREA OF - The area computed at the maximum horizontal cross section of the main and accessory buildings on a lot, including the area of all roofed porches, terraces and similar features.
CIRCULAR DRIVEWAY - A driveway including two curb cuts found in the front yard used for ingress and egress only.
CLUB, COUNTRY OR GOLF COURSE, NONPROFIT - A not-for-profit corporation, as defined in §102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, or similar activities, but not including any form of aviation, outdoor trap, skeet or target shooting. The activities of such a club shall be limited to its members and their guests and shall not be extended to the general public. The term "club" shall be deemed to include a club house, provided it is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
CONDITIONAL USE - A use in one or more districts for which the Village Board of Trustees may grant a permit, pursuant to the provisions of §160-40.
COURT - An open, unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
COURT, INNER - Any court which is not an outer court.
COURT, OUTER - A court extending to a street line or other property line or opening upon any front, side or rear yard.
CURB CUT - A depressed length of curbing designed and used to permit driveway or off-street parking or truck unloading, access to a lot or land outside the street right-of-way and across any lot line. In the absence of any constructed curb the term "curb cut" shall be deemed to mean any driveway or off-street parking or truck unloading access, whether improved or not, designed and/or used as a crossing from the edge of the paved roadway to the street line or to any lot line.
DECK - A platform used in conjunction with a dwelling or other residential building for the purpose of enjoying the outside by the occupants thereof with or without a cover. For the purpose of determining setback lines, it shall be considered a part of the dwelling or principal building.
DISH ANTENNA - An antenna designed to receive television satellite signals for private television program viewing. A dish antenna is deemed to be an accessory structure. The term "dish antenna" shall also be deemed to include such terms as "earth station" and "TVRO."
DRIVEWAY - The accessway for the passage of vehicles between the street and garage or parking area.
DWELLING - A building designed exclusively for residential purposes and arranged or intended to be occupied by one or more families living independently of each other.
DWELLING, MULTIFAMILY - A building or portion thereof containing more than two dwelling units, but not more than 18 dwelling units, and further provided that no dwelling unit shall be below the first story or above the second story.
DWELLING, ONE-FAMILY DETACHED - A dwelling containing one dwelling unit for the occupancy of one family.
DWELLING, TWO-FAMILY DETACHED - A dwelling containing two dwelling units for the occupancy of two families.
DWELLING UNIT - One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the independent use of one family.
FAMILY - One or more persons occupying a single dwelling unit; provided, however, that not more than three persons unrelated by blood, marriage, or legal adoption, nor more than two such persons for each conventional bedroom shall be considered a family; and further provided that persons occupying group quarters, such as a dormitory, fraternity or sorority house, or a seminary, shall not be considered a family.
FENCE - A structure designed to enclose or otherwise separate a lot or a portion thereof, constructed of wood, metal or other material, and erected for decorative purposes or to prevent intrusion from without or straying from within among other things. The term "fence" shall be deemed to include lattice panel structures commonly called "privacy panels."
FLOOR AREA RATIO IN A DWELLING - The ratio of the gross floor area of a building or dwelling in square feet to the lot area of the building site in square feet. This calculation is based on an average ceiling height of eight feet. In any area in which the ceiling height exceeds eight feet, the gross area of that room shall be increased in direct proportion of the average height in excess of eight feet. [Added 6-26-1996 by L.L. No. 4-1996]
GARAGE, PRIVATE - An accessory building or enclosed space not available to the public that is used primarily for the storage of automobiles, provided that no business, occupation or service is conducted for profit therein. Storage space is to be provided primarily for the residents on the premises; however, space may be rented for not more than two vehicles for persons other than the occupants of the building to which such garage is accessory.
GRADE, FINISHED - The completed surfaces of lawns, walks, driveways, roads and similar features brought to grades as shown on official plans, designs or other documentation on an application related to any proposed or existing construction or other activity. The finished grade shall not differ from the natural grade prior to such construction or other activity by more than one foot.
GROSS FLOOR AREA IN A DWELLING - The sum of the gross horizontal area of all habitable floors of a dwelling as measured to the outside surface of exterior walls and including attached garages, enclosed porches having more than 50% of the perimeter enclosed and basements with ceiling heights in excess of eight feet. [Added 6-26-1996 by L.L. No. 4-1996]
HABITABLE FLOOR AREA - The floor area in rooms of a dwelling unit occupied by one or more persons for living, eating and/or sleeping, but not including attached or built in garages, open porches or terraces or rooms below grade. On the first floor it shall be construed to mean all finished floor area having a clear headroom of 7 1/2 feet or over, including stairwells; on the second floor, all finished floor area having a clear headroom of 7 1/2 feet or more for a minimum width and length, measured horizontally, of at least six feet and any extensions of such space within the same room having a minimum clear headroom of five feet.
HEIGHT OF STRUCTURE OR BUILDING - The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of a flat or mansard roof or, in the case of pitched roofs, to the average height of the highest roof.
HISTORIC OVERLAY DISTRICT - An area, specifically delineated on the Zoning Map, which contains improvements that:
(1) Have a special character or special historical or aesthetical interest or value;
(2) Represent one or more periods or styles of architecture typical of one or more eras in the history of the village; and
(3) Cause such area, by reason of such factors, to constitute a visibly perceptible section of the village.
HOME OCCUPATION - An occupation for gain or support conducted by members of the family residing on the premises other than a home professional office.
HOME PROFESSIONAL OFFICE - The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, or of a resident lawyer, architect or engineer.
HOT TUB - An outdoor artificial pool of water having a depth at any point of more than 18 inches and a surface area of less than 100 square feet, designed and intended for the purpose of bathing and including all appurtenant equipment.
LANDMARK - A structure, memorial or site, or a group of structures or memorials outside the Historic Overlay District, including the adjacent areas necessary for the proper appreciation of the landmark, deemed worthy of preservation by reason of its value to the village as:
(1) An outstanding example of a structure or memorial representative of its era, either past or present;
(2) One of the few remaining examples of a past architectural style or combinations of style;
(3) A place where an historical event of significance or representative activity of a past era took place; or
(4) Any structure, memorial or site which has a special character, special historical or aesthetic interest, or other as part of the development, heritage and cultural characteristics of the Village of East Williston, including sites of natural or ecological interest.
LOT - A parcel of land so bounded that it may be legally occupied or capable of being occupied by a Principal building or use and its accessory buildings or uses in accordance with the provisions of this chapter, including such open spaces as areas required by this chapter.
LOT, AREA OF - The total horizontal area of a lot exclusive of land in the bed of any street or right-of-way.
LOT, CORNER - A lot at the junction of and fronting on two or more intersection streets having an interior angle of less than 135 degrees at their intersection. A lot abutting upon a curved street shall also be considered a corner lot if tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
LOT COVERAGE - The portion of the lot area covered by the area of buildings and structures.
LOT, INTERIOR - A lot other than a corner lot.
LOT LINE, FRONT - The street line of a lot. On a corner lot there shall be two front lot lines shown on the plot plan.
LOT LINE, REAR - The lot line opposite the front lot line.
LOT LINE, SIDE - Any lot line not a rear lot line or a front lot line shall be deemed a side lot line.
LOT, THROUGH - A lot which is not a corner lot extending from one street frontage through to another street frontage.
LOT, WIDTH OF - The dimension measured side lot line to side lot line, along the street line.
NONCONFORMING BUILDING OR STRUCTURE - A building or a structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such building or structure, which does not conform to the dimensional regulations of this chapter for the district in which it is situated, irrespective of the use or intended use of such a building or structure.
NONCONFORMING LOT - Any lot lawfully existing in single and separate ownership at the effective date of this chapter, or any amendment thereto affecting such lot, which does not conform to the dimensional regulations of this chapter for the district in which it is situated.
NONCONFORMING USE - Any use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendment thereto affecting such use which does not conform to the use regulations of this chapter for the district in which it is situated. A temporary authorization of a building permit for a prohibited use granted by the Board of Zoning Appeals prior to the adoption of this chapter shall not be construed to establish a nonconforming use as herein defined and therefore any such authorization and its related use shall terminate upon the expiration thereof.
PERMITTED USE - A specific main or principal use of a building, structure, lot or land, or part thereof, which this chapter provides for in a particular district as a matter of right. Any use which is not specifically listed as a permitted, conditional or accessory use shall be considered a prohibited use.
PROHIBITED USE - A use of a building, structure, lot or land, or part thereof, which is not specifically listed as a permitted, conditional, or accessory use.
SIGN - Any kind of billboard, signboard, pennant, or other shape or device or display, used as an advertisement, announcement, or direction, including any text, symbol, lights, marks, letters or figures painted on or incorporated in the composition of an exterior facing of a building or structure.
SIGN, ADVERTISING, OFF-PREMISES - A sign 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 located.
SIGN, IDENTIFICATION - A sign which directs attention to a business or profession conducted upon the property.
SIGN, PROFESSIONAL OR ANNOUNCEMENT - A temporary or permanent sign which directs attention to a resident's home, a home professional office, or a public or semipublic building.
SIGN, REAL ESTATE OR CONSTRUCTION - A sign advertising land or improvements thereto or describing construction activity or a firm doing work related to construction on the premises on which the sign is located.
SOLAR ENERGY SYSTEM - An accessory structure composed of elements of a system designed to collect, store and distribute solar energy considered individually or collectively as a system.
STORY - That portion of a building between the surface of any finished floor and the surface of the finished floor next above it; if there be no finished floor above it, then the space between the finished floor and the ceiling next above. A basement or cellar or any other floor level of a building that is partially below the finished grade at the building wall shall not be counted as a story.
STORY, HALF - A story which has at least two opposite exterior building walls meeting a sloping roof not more than two feet above the finished floor of such story and which has a minimum clear headroom of at least 7 1/2 feet between the finished floor and a finished ceiling over not more than 50% of its total floor area and a total habitable floor area not exceeding 70% of the story next below.
STORY, TWO - A dwelling or building which has two stories of habitable floor area, one above the other, and where the second story has a minimum clear headroom of 7 1/2 feet from finished floor to a finished ceiling over at least 60% of its habitable floor area.
STREET - Any state, county or municipal highway or road, or any street shown upon a subdivision plat filed in the County Clerk's office.
STREET LINE - Two dividing lines between a lot and a street right-of-way.
STRUCTURE - Anything constructed or erected on or under the ground or upon structure or building. "Structure" shall be deemed to include such things as buildings, dish antennas, decks, driveways, fences, heaters, signs, solar energy systems, swimming pools and their appurtenances, paved terraces, walks and walls.
SWIMMING POOL - An outdoor artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet, designed and intended for the purpose of bathing or swimming and including all appurtenant equipment.
VARIANCE - A modification of the regulations of this chapter, granted on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of §160-44.
WALL - A structure of wood, stone or other materials or any combination thereof intended for defense, security, screening, or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.
WIND ENERGY CONVERSION SYSTEM - An accessory structure designed and constructed or erected for the purpose of converting wind energy into mechanical or electrical power.
YARD, FRONT - An open, unoccupied space on the same lot with a building, situated between the nearest roofed portion of the principal building and the front lot line along each street.
YARD, REAR - A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the rear lot line of the lot, and extending from side lot line to side lot line. In the case of a corner lot the owner may establish which of the remaining two yards shall be the rear yard.
YARD, SIDE - A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the side lot line of the lot, and extending through from the front yard, or from the front lot line where no front yard exists, to the rear yard or the rear lot lines where no rear yard exists.