ACCESSORY BUILDING - A building subordinate to the main building and used for purposes customarily incidental to those of the main building.
ACCESSORY USE - Any use of a premises which is subordinate customarily incidental to the main use of the premises.
AMUSEMENT DEVICE - A coin-operated device primarily for the entertainment of the customers, the use of which results in electronic displays and/or operation, or the production of musical entertainment.
APARTMENT HOUSE - A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other.
BASEMENT - A story partly underground but having at least one-half (1/2) of its cubical contents above the level of the adjoining ground.
BOARDER, ROOMER, OR LODGER - A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by pre-arrangement for a week or more at a time to an owner of operator. Any person occupying such room or rooms and paying such compensation without pre-arrangement.
BUILDING AREA - The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT - The vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the roof beams, and, in the case of pitched roofs, from the curb level tot he highest point of the gable. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the curb level to the highest point of the building. In case no curb elevation has been established, the height of a building shall be measured from the mean natural level of the ground immediately adjacent to the base of the building.
CELLAR - That portion of a building with half or more of its floor-to-ceiling height below the average level of the adjoining ground. A "cellar" shall not be used or occupied as living or sleeping quarters.
COMMERCIAL VEHICLES - Includes but shall not be limited to any vehicle other than a personal passenger vehicle or surburban or a motorcycle which is primarily designed, constructed, used or maintained for the transportation of goods, merchandise or other property or for the livery or transport of passengers for hire or compensation, whether on a profit or non-profit basis, or for the livery or transport of children to or from school or camp or as the power unit for the hauling of freight or cargo by trailer or semi-trailer or any combination of trailers and semi-trailers or any type of non-motorized trailer unit. Commercial vehicles shall also include but not be limited to buses, ambulettes, delivery vans, taxis and limousines. ["Commercial Vehicles added LL #1, 2001, 2/7/2001.]
CURB LEVEL - The elevation of the curb at a point opposite the center of the proposed building front, provided said curb elevation has been established by the properly authorized authorities.
DECORATIVE OVERHEAD ENCROACHMENT - A non-structural protrusion from any building which extends over a setback or property line.
DEPTH OF LOT - The mean distance from the street line of a lot to the rear line measured in the general direction of the side lines of a lot.
FACADE - The front or chief face of a building.
FAMILY - (1) One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a 'separate building' or 'dwelling unit' in a family-like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common;
(2) Any such number of persons shall not be deemed to constitute a 'family' if (a) any one of such persons may not have lawful access to all parts of the 'separate building' or 'dwelling unit' or (b) if any one or more of such persons lease or rent any separate portion of such 'separate building' or 'dwelling unit' form any other person;
(3) It shall be presumed that a 'separate building' or 'dwelling unit' is occupied by more than one 'family' if any two or more of the following features may be found to exist by the Building Inspector (or other person designated by the Mayor and Board of Trustees to enforce this Chapter): (a) more than one mailbox, mail slot or post office address; (b) more than one doorbell or doorway on the same side of the 'separate building' or 'dwelling unit'; (c) more than one electric meter; (d) more than one gas meter; (3) more than one connecting line for cable TV; (f) separate entrances for segregated portions of the 'separate building' or 'dwelling unit'; (g) partitions or locked doors barring access between segregated portions of the 'separate building' or 'dwelling unit' including bedrooms; (h) separate written or oral leases or rental agreements or the payment of rent for portions of the 'separate building' or 'dwelling unit' among its owner or residents; or (i) two or more kitchens, each of which contain a range or oven, refrigerator and sink, unless it is otherwise proven by evidence presented to the Building Inspector (or other person designated by the Mayor and Board of Trustees to enforce this Chapter) by the owner or resident of the 'separate building' or 'dwelling unit' that it is occupied by one 'family' (all as defined in this section). The presumption provided for in this paragraph shall be rebuttable. Such presumption shall not preclude the Building Inspector (or nay other person designated by the Mayor and Board of Trustees to enforce this Chapter) from making a determination that the 'separate building' or 'dwelling unit' is not occupied by one 'family' based on other facts whether or not listed in this paragraph.
(4) The Building Inspector (or an other person designated the Mayor and Board of Trustees to enforce this Chapter) shall make the primary determination as to the application of this definition of 'family' for the purposes of compliance with any provisions of this Zoning Law and the New York State Building Code, based upon an inspection of the premises, any information received from the residents thereof or any other persons or documentary or any other written evidence as to the condition of the premises or the relationship and living arrangements of the residents, in consultation with the Village Attorney, and the determination shall be presumed to be correct and final, subject to review of or appeal to the Zoning Board of Appeals and judicial review as provided by law. [Definition extensively amended by LL #11, 96; 8/14/96.]
FENCE - Any barrier composed of wood, metal, stone, brick or other material which encloses a lot, tract, or parcel of land, either in whole or in part, which barrier shall be in excess of four (5) inches in height above grade.
FLOOR AREA - The sum of gross horizontal areas of the several floors of the building or buildings or a lot measured from the exterior walls or from the center line of party walls separating two (2) buildings, excluding:
a. roof area;
b. cellar areas used only for incidental storage or for the operation and maintenance of the building; and
c. any areas devoted exclusively to accessory off-street parking.
FRONT YARD - Any open, unoccupied space on the same lot and extending from the street wall of the building to the street line of the lot for the full width of the lot.
GARDEN-TYPE APARTMENT - A group of multi-family dwelling on a single plot where no building or group of buildings covers more than twenty-five percent (25%) of the usable land area of said plot.
HALF STORY - A story under a pitched roof at the top of a building, the floor of which is not more than two (2) feet below the plate.
LEGAL NONCONFORMING USE - Any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, ordinances and laws then in effect in the Village of Mineola.
LOT - Any parcel of ground under one (1) ownership which is occupied or is intended to be occupied by one (1) building and its accessory buildings or uses, and including such open spaces as are required.
LOT LINE - Any boundary of a lot.
MULTIPLE DWELLING - A building, not a single-family dwelling or a two-family dwelling, designed for and occupied exclusively for dwelling purposes.
NONCONFORMING BUILDING OR USE - Any building or structure or the use of any land or building which does not conform to the provisions of this Chapter for the Zoning District in which it is maintained.
PRIVATE GARAGE - A garage, group of garages or garage facilities accessory to a residential building on the same lot and used for the storage of automobiles.
PROPERTY LINE - The dividing line between a public or private street and a lot, or between lots.
[PUBLIC GARAGE - definition deleted, LL #6, 92; 8/12/92.]
REAR YARD - An unoccupied space, except for the accessory buildings on the same lot, and extending from the rear line of the building to the rear line of the lot for the full width of the lot.
REAR YARD DEPTH - The mean distance between the rear line of the building and the rear line of the lot.
SIDE YARD - An open unoccupied space on the same lot between the building and the side lot line and extending from the front building line to the rear lot line.
SINGLE-FAMILY DETACHED HOUSE - A building occupied by one (1) family and surrounded on all sides above the ground by space.
STORY - That part of any building comprised between any floor and the floor or roof next above.
STREET WALL - The wall of the building or part of a building which is enclosed and nearest to the street line.
STRUCTURE - Any combination of materials forming any construction, including but not limited to, stadiums, tents, trailers, reviewing stands, platforms, stagings, observation towers, radio towers, television towers, gasoline pumps, standpipes, tanks of any kind, outdoor bins, pools, walls, fences, gates, gateposts and display signs.
TERRACE - An open porch or patio without a permanent roof.
TWO-FAMILY DETACHED HOUSE - A building occupied by only two (2) families, with one (1) family over the other or side by side and surrounded on all sides above the ground by space.
USABLE FLOOR SPACE - Must have at least four (4) feet of clear vertical space above.
ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT DRIVE-IN-THEATER - A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARET - A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT MOTEL - A motel which is not open to the public generally but excludes minors by reason of age, or which make available to is patrons in their rooms, films, slide sows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.
ADULT THEATER - A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but excludes any minor by reason of age.
MESSAGE ESTABLISHMENT - Any establishment having a fixed place of business where massages are administered for pay including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not be constructed to include a hospital, nursing home or medical clinic or other office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
PEEP SHOWS - A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.
CLOSED GASOLINE/DIESEL SERVICE STATION : A gasoline service station not open for normal business operation for a period of thirty (30) consecutive days without Board of Trustees' approval upon written application.
DISCONTINUED GASOLINE/DIESEL SERVICE STATION :
1. A gasoline service station, as defined in this Section and permitted by the Board of Trustees after the effective date of this Section, which has become closed and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 30.93 of this Chapter;
2. An existing gasoline service station or battery and tire service station approved prior to the effective date of this Section as a special use by the Board of Trustees which has become closed, and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 30.93 of this Chapter;
3. An existing gasoline service station or battery and tire service station in existence at the original effective date of the Zoning Ordinance from which this Chapter is derived and continuing thereafter as a nonconforming use which has become closed, and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 30.93 of this Chapter.
CORNER SITE : A site at the intersection or junction of two (2) or more streets, or of a street and lane which is not less than twenty (20) feet in width.
GASOLINE SERVICE STATION : An establishment in which the principal activity is the storage and retail sale of gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles.
MAJOR REPAIRS : Major repairs permissible at a gasoline/diesel service station, including those normally accessory and incidental to the day-to-day operations of motor vehicles, but shall not include body and fender repair, collision work or painting.
MINOR REPAIRS : Minor repairs permissible at a gasoline/diesel service station, including those normally accessory and incidental to the day-to-day operation of motor vehicles and to the principal activity performed upon the premises.
MOTOR VEHICLE REPAIR SHOP : An establishment in which the principal activity is the performance of major repairs or minor repairs, excluding body and fender repair, collision work or painting.
SECURITY GATE - A barrier, screen or cover located 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.
ANTENNA : means the actual device which transmits and/or receives radio or electromagnetic waves.
ANTENNA SUPPORT STRUCTURE : means any building or structure other than a tower which can be used for location of telecommunications facilities.
APPLICANT : means any person that applies for a tower development permit.
APPLICATION : means the process by which the owner of a parcel of land within the Village submits a request to develop, construct, build, modify or erect a tower upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the Village concerning such a request.
ACCESSORY STRUCTURES : mean accessory buildings and structures, including base stations designed and used to shelter equipment and/or to support personal wireless services. The term accessory structures does not include offices, long-term storage of vehicles or other equipment storage, or broadcast studios.
ENGINEER : means any engineer licensed by the State of New York.
OWNER : means any person with fee title or a long-term (exceeding ten (10) years) leasehold to any parcel of land within the Village who desires to develop, or construct, build, modify or erect a tower upon such parcel of land.
PERSON : is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.
PERSONAL WIRELESS SERVICES : means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined -by Section 704 of the Federal Telecommunications Act.
STEALTH : means any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roofmounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice or-monopole tower designs.
TELECOMMUNICATIONS FACILITIES : means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
(1) Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial; or
(2) Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category.
TOWER : means a self-supporting lattice or monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC.