Proposed Local Law No. 10 – 2013
AMENDING SECTIONS 250-9 AND 250-11(C)(1) OF THE VILLAGE CODE TO ADD A DEFINITION FOR “ROOMING HOUSE” AND TO BETTER CLARIFY THE DEFINITION OF “FAMILY”
Be it enacted by the Village Board of the Incorporated Village of Port Jefferson:
The Code of the Incorporated Village of Port Jefferson, County of Suffolk, New York, is amended by:
AMENDING Sections 250-9 and 250-11(C)(1) of the Village Code which shall read as follows:
[New Language] [Language to be Deleted]
§ 250-9 Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
A building or use clearly incidental or subordinate to and customarily in connection with the principal building or use on the same lot.
A counter or a structure at which alcoholic beverages are served and/or consumed and at which food may be served.
[Added 4-4-1984 by L.L. No. 3-1984]
BAR, TAVERN or NIGHTCLUB
[Added 4-23-2007 by L.L. No. 1-2007]
A. A use primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to the regulatory authority of the New York State Liquor Authority and consisting of one or more of the following characteristics:
(1) Age restrictions or cover charges for admission;
(2) Listening or dancing to music provided by live entertainment, disk jockeys, jukeboxes or the like; and
(3) Hours of operation which extend beyond the normal dining times for breakfast, lunch or dinner.
B. The accessory or incidental sale of food or snacks shall not entitle such a use to be considered a restaurant under the provisions of the Code, but the permanent or temporary removal or relocation of tables and chairs from a restaurant to permit any of the aforesaid characteristics shall constitute the creation of a bar, tavern or nightclub use.
A story in a building, the structural ceiling level of which is four feet or more above the average level of the finished grade where such grade abuts that exterior wall of such building which fronts on any street and the floor level of which is below the finished grade at any point on the periphery of the building.
A sign, including the type commonly known as a “billboard,” 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 displayed or only incidentally upon such lot.
BOARDING HOUSE/ ROOMING HOUSE
Any dwelling with sleeping rooms in which persons either individually or as families are housed or lodged for hire or otherwise without separate kitchen facilities, with or without meals. A dwelling occupied by a single-family unit, or its equivalent, shall not be considered a boarding or rooming house.
Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no “building” were present The term “building” shall include the term “structure” as well as the following:
C. Walls, other than retaining walls projecting above the ground, but not more than two feet at the higher ground level and not more than four feet at the lower ground level.
[Amended 9-12-2005 by L.L. No. 7-2005]
D. Radio and television receiving and transmitting towers and antennas, except for such antennas installed on the roof of a Building” and extending not more than 20 feet above the highest level of the roof of such “building.”
E. Porches, outdoor bins and other similar structures.
F. Awnings (retractable or removable structures extended above a window or door as a protection from sun, rain or snow or for aesthetic purposes).
[Added 8-3-1983 by L.L. No. 5-1983]
Any space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A “cellar” shall not be considered in determining the permissible number of stories and shall not be used for other than storage or mechanical equipment such as utilities.
An organization catering exclusively to members and their guests whose activities are not conducted primarily for pecuniary profit or gain and in which there are not conducted any vending stands, merchandising or commercial activities or food or beverage sales at retail, except as required generally for the membership and purposes of such organization.
Every type of motor vehicle with a gross vehicle weight rating of 10,000 pounds or more driven or used for commercial purposes on the highways such as for transportation of goods, wares and merchandise; motor coaches carrying passengers; and trailers and semitrailers, including tractors when used in combination with trailers and semitrailers, except such vehicles as are run only upon rails or tracks.
[Added 10-27-2003 by L.L. No. 12-2003]
An open space enclosed on all sides by exterior walls of a building.
An open space enclosed on three sides by exterior walls of a building.
COURT, OUTER, DEPTH OF
The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
COURT, OUTER, WIDTH OF
The linear dimension of the unenclosed side of the court.
The established elevation of the street grade at the point that is opposite the center of the building elevation nearest to and facing the street line.
A building or portion thereof containing three or more dwelling units.
A detached building containing one dwelling unit only.
DWELLING, ROW OR ATTACHED
A one-family dwelling with two common or party walls separating it from adjacent units on both sides or one party wall in the case of a building at the end of a group of attached buildings.
A one-family dwelling with one wall in common with an adjacent dwelling.
A detached building containing two dwelling units only.
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrances or other hallways or porches, or cooking or sanitary facilities in common with any other “dwelling unit.” A house trailer, boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a “dwelling unit.”
Editor’s Note: Former definition of “eating and drinking establishment,” which immediately followed this definition, as amended, was repealed 4-23-2007 by L.L. No. 1-2007.
[Amended 6-8-1983 by L.L. No. 3-1983] A. “Family” shall be defined as follows: (1) One or more persons related by blood, marriage or adoption. (2) Five or fewer unrelated persons living together as a single nonprofit housekeeping unit. (3) Any combination of Subsection A(1) and (2) above whose aggregate sum shall not exceed five persons, and who are living as a single nonprofit housekeeping unit. B. No profit may be derived by any person(s) included in Subsection A(1) or (2) above by charging a fee to any other person(s) included in Subsection A(1) or (2) above. This does not preclude the charging of a fee by any person(s) in Subsection A(1) or (2) above to any other person(s) in Subsection A(1) or (2) above for additional expense* incurred as a result of providing service to such person(s). [* NOTE: Additional expenses shall be limited to those expenses that can be quantified and proven to have been caused by the occupancy of any person(s) included in Subsection A(1) and (2) above, which expenses would not have existed if such person(s) would not have taken occupancy.]
(a) One of the following:
(1) One, two or three persons occupying a dwelling unit; or
(2) Four or more persons occupying a dwelling unit and living together as a family or the functional equivalent of a family.
(b) It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage, domestic partnership, or legal adoption do not constitute the functional equivalent of a family.
(c) In determining whether individuals are living together as the functional equivalent of a family, the following criteria shall be considered:
(1) The group is one which in theory, size, appearance, structure and function resembles a family unit;
(2) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a family;
(3) The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
(4) The group is permanent and stable. Evidence of such permanency and stability may include:
- a. The presence of minor dependent children regularly residing in the household who are enrolled in local schools
- b. Members of the household have the same address for purposes of voter registration, driver’s license, motor vehicle registration and filing of taxes;
- c. Members of the household are employed in the area;
- d. The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
- e. There is common ownership of furniture and appliances among the members of the household; and
- f. The group is not transient or temporary in nature.
(5) Any other factor reasonable related to whether or not the group is the functional equivalent of a family.
A vessel used in the business of carrying passengers between any port or place within the MW-2 District in the Incorporated Village of Port Jefferson and any other port or place without the Village.
[Added 11-1-2010 by L.L. No. 9-2010]
FERRY PASSENGER CAPACITY
The number of persons which a vessel used as a ferry may lawfully carry as passengers, under the rules and regulations of the United States Coast Guard or other regulating authority then in effect. As applied to a passenger ferry terminal, this term shall mean the maximum number of passengers which could have departed from the terminal on publicly scheduled trips under a “best-day” condition. Ferry passenger capacity for a ferry terminal under a “best-day” condition shall be calculated as follows: 1) determine the passenger capacity of any ferry departing from the terminal on a given calendar day (midnight to midnight); 2) multiply this passenger capacity by the number of departures made by that ferry from the terminal on that day; and 3) add to this number the products of Item 1)
times Item 2) for every other ferry departing from the terminal on that same day. The use of this formula shall be subject to the following provisos:
[Added 11-1-2010 by L.L. No. 9-2010]
A. The day used in making this calculation shall be that which yields the highest number for the terminal’s ferry passenger capacity (i.e., the “best day” in terms of the potential number of ferry passengers departing the terminal on publicly scheduled trips).
B. Each ferry whose departure is used in making this calculation shall be a ferry which regularly docks at or uses the ferry terminal.
C. Each departure used in making this calculation shall be a bona fide ferry departure open to the public and shown on the ferry terminal’s published sailing schedule.
FERRY TERMINAL, PASSENGER
Any dock, wharf, pier or other place at which a ferry embarks or disembarks passengers, including ticket offices, parking areas and all other related facilities under one roof. This term shall not include a facility for embarking or disembarking motor vehicles to or from a ferry.
[Added 11-1-2010 by L.L. No. 9-2010]
FERRY TERMINAL, VEHICLE
Any dock, wharf, pier or other place at which a ferry embarks or disembarks passengers and motor vehicles (i.e., trucks, buses, cars and/or motorcycles), including ticket offices, parking areas, queuing aisles and all other related facilities under one roof.
[Added 11-1-2010 by L.L. No. 9-2010]
The sum of the gross horizontal areas of the several floors of the buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, including cellar and basement areas not used for storage or for the operation and maintenance of the building.
FLOOR AREA, LIVABLE
All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square-foot floor area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.
FLOOR AREA RATIO
The floor area in square feet of all buildings on a lot, divided by the area of such lot in square feet.
FORMULA FAST FOOD ESTABLISHMENT
[Added 6-26-2000 by L.L. No. 10-2000]
A. An establishment required by contractual or other arrangements to offer some or all of the following:
(1) Standardized menus, ingredients, food preparation, decor, external facade and/or uniforms.
(2) Preprepared food in a ready-to-consume state.
(3) Sold over the counter in disposable containers and wrappers.
(4) Selected from a limited menu.
(5) For immediate consumption on or off the premises.
(6) Where the customer pays before eating.
B. This definition does not include eating and drinking or retail food establishments.
A private garage attached to the principal structure by means of a common wall or by means of a fully enclosed breezeway not exceeding 10 feet in length.
[Added 9-18-1989 by L.L. No. 5-1989]
A private garage detached from the principal structure or attached to the principal structure by means of an enclosed breezeway exceeding 10 feet in length. “Detached garages” shall be considered accessory buildings but shall not be greater than 15 feet in height as measured from the garage floor to the highest point of the roof surface. Any area above the first floor level shall be used as storage area only with a ceiling height not to exceed six feet.
[Added 9-18-1989 by L.L. No. 5-1989]
The vertical distance measured from the average finished grade at the front of the building exterior wall to the highest point of the roof for flat and mansard roofs and to the mean height between eave and ridge for other types of roofs. This definition does not apply to “detached garages,” which is defined in the preceding definition, which contains a fifteen-foot maximum height and describes the method by which garage height is to be measured.
[Amended 7-11-2005 by L.L. No. 4-2005]
Any receptacle installed in any exterior portion of the yard of any property within the Incorporated Village of Port Jefferson for the containment of heated water or other liquids for recreational, therapeutic or other purposes, except swimming which shall have a capacity of more than 16 cubic feet and a means to circulate water or air within the receptacle.
[Added 9-22-2003 by L.L. No. 10-2003]
A parcel of land occupied or capable of being occupied by a building and accessory buildings or uses customarily incidental to it.
A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135º. A lot abutting a curved street shall be deemed a “corner lot” if the tangents to the curve at the points of the side lot lines with the street lines intersect at an interior angle of less than 135º.
The minimum distance from the street line of a lot to the rear lot line of such lot.
Any boundary of a lot other than a street line.
LOT LINE, REAR
The lot line generally opposite to the street line.
The average distance between side lot lines taken at the front yard or setback line and measured at right angles to the side lot lines or along a line parallel to the street line.
The area bounded by the intersection of a horizontal plane through the exterior walls of the building which enclose the livable floor area of the largest floor.
Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged.
A business or commercial use of a lot consisting of a building or group of buildings, whether detached or connected, designed to be made available to the public as sleeping accommodations for paying, transient customers on a daily, weekly or biweekly rental basis and no room which has individual kitchen or cooking facilities of any kind and which has no laundry appliances located or maintained anywhere on the premises which are available to motel customers. A building or buildings arranged or designed for use as a boatel, hotel, inn or other similar business shall be deemed to be a “motel” and included in this definition.
[Added 11-1-2010 by L.L. No. 9-2010]
See § 250-38.
A building in which is conducted the main or principal use of the lot on which said building is located.
A district which includes one of the following classes of districts: Single-Family Residence R-A District; Single-Family Residence R-A1 District; Single-Family Residence R-B1 District; Single-Family Residence R-B2 District; One- and Two-Family Residence R-B3 District; Moderate-Density Residence R-M District; Residence-Office R-O District.
A use in a building having as its main purpose the preparation and serving of food and beverages for consumption on the premises within furnished dining areas and/or in a permitted area outside the building, where orders are taken and filled by wait staff and can include as a possible accessory the serving of alcoholic beverages with meals. A restaurant shall not be construed to include any form of formula fast-food establishment or any form of bar, tavern, nightclub or similar entertainment establishment.
[Added 4-23-2007 by L.L. No. 1-2007]
RETAIL FOOD ESTABLISHMENT
A use wherein food and/or beverages are prepared, served and sold over a counter for immediate consumption primarily off premises, and which may have a customer sitting area, including, but not limited to, delicatessens, pizza parlors, ice cream parlors, bakeries, tea/coffee houses and specialty gourmet shops.
[Added 8-16-1993 by L.L. No. 2-1993; amended 3-25-1996 by L.L. No. 4-1996; 4-23-2007 by L.L. No. 1-2007]
That line established by the required front yard depth as the closest point to the front property line at which a building may be constructed.
Any structure or part thereof or any device attached to a building or painted or represented thereon which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A “sign” includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. However, excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.
Shall include all faces of a sign measured as follows:
A. When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed in such frame or outline shall be included.
B. When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the rectangular area within which all of the matter of which such sign consists may be inscribed.
SIGN, INDIRECTLY ILLUMINATED
A sign not lighted by exposed tubes, bulbs or other exposed light sources.
Visible neon tubing.
SINGLE AND SEPARATE LOT
A residentially zoned lot that does not meet the minimum lot area, side yard or lot width requirements as set forth in Chapter 250 of this Code, provided that the lot is owned by the applicant, that the ownership was of record prior to the effective date of Chapter 250 of this Code, and that the applicant is not the owner of adjoining property that can be used for purposes of complying with the requirements of this Code.
[Added 6-24-2002 by L.L. No. 7-2002]
The part of any building, exclusive of cellars, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. For the purposes of this chapter, a basement shall be considered a half story.
Any space partially within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
Any official Village street or a street shown on an approved subdivision plat or shown on the Official Map of the Village and improved to the satisfaction of the Planning Board.
The dividing line between a lot and a street.
Any change in the supporting members of a building, such as beams, columns or girders.
Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for living or sleeping quarters or so as to permit cooking. The term “trailer” shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.
A use customarily incidental and subordinate to the main use on a lot (i.e., garage) whether such “accessory use” is conducted in a principal or accessory building.
The Board of Trustees of the Incorporated Village of Port Jefferson.
Includes an opening or aperture, such as, but not limited to a sliding or removable window, door or building panel, through which business is conducted from inside a building to patrons or customers located outside the building.
[Added 9-26-1984 by L.L. No. 6-1984]
Any sign painted on or affixed to a window or glass door of a building or placed in the interior of such building within four feet from the inside surface of such window or door and visible from the exterior of such building.
[Added 6-26-2006 by L.L. No. 2-2006]
An unoccupied ground area fully open to the sky between either the street line or a street line established on the Official Map of the Village or an approved subdivision plat and a line (known as the “setback line”) drawn parallel to said street line at the front line of the structure.
An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel to the rear lot line at the rear line of the structure.
An unoccupied ground area fully open to the sky between any property line, other than a street or rear lot line, and a line drawn parallel thereto between the front and rear yards.
§ 250-11 Single-Family Residence R-A and R-A1 Districts.
In a Single-Family R-A District and in a Single-Family R-A1 District, no building shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
C. Permitted accessory uses limited to the following:
(1) Customary home occupations, provided that:
(a) No display of goods or sign is visible from the street.
(b) Such occupation is incidental to the residential use of the premises and is carried on in the principal building by a resident therein with no assistants except those who are members of the immediate family and who reside on the premises.
(c) Such occupation is carried on in an area not exceeding 30% of the area of the ground floor of the principal building.
(d) At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners and occupants.
(e) At no time shall any premises be used as a rooming house or a boarding house.
This Local Law shall take effect immediately.