§ 85-376. Applicability; legislative intent; definitions; use districts., Article XVIII. Great South Beach in Fire Island National Seashore, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Definitions. As used in this article, the following terms shall have the meanings indicated:

ABANDONMENT: Nonpayment of taxes for one year and intent to abandon as manifested by noncontinuous use of any use within a building for a three-year period as measured by three summer seasons from Memorial Day to Labor Day.

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.

ALTERATION: A change or rearrangement in the structural parts of a building or other structure, including interior partitions, exterior porches, exits and decks, interior load-bearing walls, capacities of utility pipes, ducts or conduits.

BATHHOUSE: A building or portion thereof containing dressing rooms and/or lockers for bathers.

BOARDINGHOUSE: A building, other than a hotel or restaurant, where lodging and meals for five or more persons are served for compensation, including tourist houses, rooming houses and lodging houses.

BUILDING: An enclosed structure having a roof supported by columns, walls or cantilevers, and if separated by a party wall without openings, it shall be deemed a separate building.

BUILDING AREA: The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings on a lot, excluding uncovered steps.

BUILDING HEIGHT: The vertical distance between the average existing ground elevation up to the highest point of the roof. In no case shall the building height be measured from a point less than the minimum elevation necessary to meet the prerequisite for federal flood insurance, designated within the Flood Risk Zone by the National Flood Insurance Programs, Federal Emergency Management Agency, indicated on the Flood Insurance Rate Map for the Great South Beach, Brookhaven Town, Community No. 365-334B.

DANCE HALL OR DISCOTHEQUE: A public place in which people assemble, where the main purpose of assembly is dancing to musical accompaniment, live or recorded. Such establishment may or may not serve alcoholic beverages.

DEVELOPED PROPERTY: Any property which has been altered from its natural state by the construction or erection of materials located in, upon or attached to something located in or upon the ground. Such alterations may include buildings, decks, aboveground swimming pools, storage sheds, patios, docks, tennis courts, septic systems or leaching fields, walkways, groins, fences and signs (except dune protection fences and signs), roads, retaining walls, grading, artificial fill or other structures or materials, excluding live vegetation.

DEVELOPMENT: Any activity, action or alteration which changes undeveloped property into developed property.

DWELLING, MULTIPLE: A building designed for or occupied by three or more families living independently of each other with separate cooking facilities, including cooperative apartments, garden apartments and condominium apartments.

DWELLING, SINGLE- OR ONE-FAMILY: A detached building arranged, designed for or occupied exclusively as a home or residence by one family doing its own cooking.

DWELLING, TWO-FAMILY: A detached building designed for or occupied exclusively as a home or residence for not more than two families living independently of each other with separate cooking facilities.

FAMILY: One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

FLOOR AREA, GROUND: The area within the exterior walls of a building at the first floor.

GUESTHOUSE: An accessory structure, on the same lot as the principal building, for the temporary accommodation of guests of residents living in the principal building, without any cooking facilities.

HOTEL: A building designed to provide individual sleeping accommodations for short-term transient occupants, with or without direct outside access, with or without restaurant facilities and with or without a common entrance, common heating system or general dining room.

IMPROVED PROPERTY: A type of developed property which is defined by the Fire Island National Seashore Act, Public Law No. 88-587, Section 2(F), 1964, to mean any building, the construction of which was begun prior to July 1, 1963, and such amount of land, not in excess of two acres in the case of a residence or 10 acres in the case of a commercial or industrial use, on which said building is situated as the Secretary of the Interior considers reasonably necessary to the use of the building. The Secretary of the Interior may exclude from such improved property any beach or waters, as well as land adjoining such beach or waters, which he deems necessary for public access thereto.

LOT: A parcel of land, exclusive of public walk areas, used or designed to be used by one use or building or by a related group of uses or buildings and the accessory uses of buildings customarily incident thereto, including such open spaces as are required by this chapter.

LOT AREA: The total area measured inside of all the lot lines, excluding underwater areas below mean high water.

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.

PREMISES: A tract of land with buildings thereon.

RESTAURANT: A building or part of a building or plot on or in which food and/or beverages are prepared and served to patrons, either inside and/or outside, whether counter service or carry-out, fast-food or table service.

SIGN: Any device intended for use for the purpose of advertisement, identification, publicity or notice when visible from the exterior of a structure in or on which the sign is located. The term "sign" shall include any billboard illustration, insignia, lettering, picture, display banner, pennant or flag, however made, displayed, painted, supported or attached, and shall exclude house numbers in the residence district not larger than 1/2 square foot.

STORY: 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 ceiling, which shall not exceed 28 feet in height. In structures of more than one story, the definitional footage measurement to be used to determine height is 10 feet.

STRUCTURE: Anything constructed or erected which requires location in or upon the ground or attached to something having location in or upon the ground, including all types of signs. The word "structure" shall be construed as though followed by the words "or part thereof."

UNDEVELOPED PROPERTY: Any property which has not been altered from its natural state, with the exception of such dune protection measures as snow fencing, beach nourishment or dune grass planting.

UNIMPROVED PROPERTY: Either undeveloped property or property which is developed or built after July 1, 1963.

USE: The purpose for which land or a building or structure is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.

WALK: A public or private right-of-way, as shown on the Zoning Map, which affords the principal means of access to abutting properties. Neither tidal nor nontidal waters nor the shores, strands or beaches along the same shall be deemed walks for the purpose of this chapter.

YARD, FRONT: The open space between the walk or right-of-way and the nearest part of any building.

YARD, REAR: Open space on the same lot with the main building between the rear line of said building and the rear line of the lot.

YARD, SIDE: Open space on the same lot with the main building situated between the building and the side line of the lot and extending through from the walk or from the front yard to the rear yard of the lot. Any lot line not a walk line or a rear line shall be deemed a "side line."