A.
In all districts.
[Amended 7-12-2011 by L.L. No. 7-2011; 4-21-2016 by L.L. No. 5-2016]
(1)
Accessory buildings, including garages, if connected only by
an open breezeway-type structure, shall not be less than 10 feet from
the main building and, in all events, shall not be less than 10 feet
from other accessory buildings.
(2)
A private garage may be constructed as a structural part of
a main building, provided that, when so constructed, the garage walls
shall be regarded as the walls of the main building in applying the
front, rear and side yard regulations of this chapter.
(3)
No accessory building or accessory structure shall be constructed
upon a lot or plot, unless a main or principal building already exists
on said lot or plot and has a valid certificate of occupancy or a
valid building permit has been issued and is in effect for the construction
or erection of a main or principal building.
[Amended 10-11-2016 by L.L. No. 8-2016]
(4)
Accessory buildings, including private garages, and accessory
structures shall not be placed within a front yard and shall not occupy
more than 30% of any rear yard.
[Amended 10-11-2016 by L.L. No. 8-2016]
(5)
An access driveway may be located within a required yard.
(6)
No access driveway shall be permitted through a lot to provide
access to a second lot, which lot is used or may be used for any use
prohibited in the district in which the first lot is located.
(7)
Accessory off-street parking or truck-loading areas shall be
improved in accordance with Village specifications, except that, upon
written certification by the Village Engineer that a plot or parcel
of land cannot comply with the standards for drainage due to the topography
of the plot or parcel and such condition cannot be remedied without
injury or damage to adjoining parcels, the Building Inspector may
waive such requirement.
(8)
Required accessory off-street parking areas or truck-loading
space shall not be encroached upon by buildings, open storage or any
other use, whether temporary or otherwise.
(9)
The storage of manure or of odor- or dust-producing substances
as an accessory use shall not be permitted within 50 feet of any side
or rear lot line or within one 100 feet of any front lot line.
(10)
The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses, farm animals or fowl shall not be permitted as accessory uses, except for the keeping of chickens as a special exception accessory use as provided for in § 300-11.21 of this chapter.
(11)
Swimming pool equipment, including pumps and heating elements,
shall be located in conformance with the applicable regulations set
forth in this chapter for accessory buildings and structures. All
such equipment shall be housed in closed structures which shall prevent
noise, sound or vibration caused by the equipment from crossing property
lines and in all events shall be screened on all sides facing adjacent
properties or visible from any street with evergreen vegetation.
B.
In residence districts.
[Amended 9-9-2014 by L.L.
No. 12-2014; 4-21-2016 by L.L. No. 5-2016]
(1)
Accessory off-street parking areas shall not be less than five
feet from any property line in a required front, side or rear yard.
(2)
No commercial vehicle, except for a three-fourths-ton or smaller
pickup truck or van or a contract school bus accommodating not more
than 12 passengers, nor any house trailer, mobile home, recreation
vehicle or camp trailer, boat or boat trailer or any similar equipment
shall be parked or stored on any lot, except that not more than one
camping trailer or recreation vehicle not over 25 feet in length and
not more than one boat, including a boat trailer on which it rests,
may be stored per dwelling unit on the same lot with such dwelling
unit, provided that no such vehicle, trailer, mobile home, boat or
similar equipment shall be used for living or sleeping purposes while
so located, and further provided that it is not located in any front
yard or in any required side yard or within 10 feet of any property
line in any required rear yard.
(3)
In the case of a waterfront lot, when a rear lot line is a street
or right-of-way, the minimum setback of an accessory structure to
the street line shall be twice the required setback to the rear lot
line.
(4)
Driveways shall be provided with a dry well or other approved
drainage structure with a retention capacity of two inches of rainfall
per hour.
(5)
No accessory building shall have a gross floor area greater than 600 square feet, except for accessory apartments which shall be governed by Village Code § 300-9.12D(3).
[Amended 11-14-2023 by L.L. No. 10-2023]
(6)
No accessory building and/or accessory structure, other than an accessory apartment approved under Village Code § 300-9.12, shall contain any plumbing fixtures. Notwithstanding the foregoing, pool houses with a gross floor area of 200 square feet or less shall be permitted a shower, sink and toilet.
[Amended 11-8-2016 by L.L. No. 11-2016; 6-14-2022 by L.L. No. 13-2022]
(7)
No accessory building shall have a basement or cellar.
C.
In nonresidential districts.
(1)
Accessory off-street parking areas in the RM Resort Motel and WF Waterfront Districts may be located in required front, side or rear yards, provided that they are set back at least 10 feet from all property lines, and further provided that they do not encroach on required transitional yards established in accordance with § 300-9.2C. In the VB District, accessory off-street parking areas may be located in required front, side or rear yards, provided that they do not encroach on required transitional yards established in accordance with § 300-9.2C.
(2)
No house trailer, mobile home, camping trailer or similar equipment
shall be parked or stored on any lot.
A.
Frontage. The minimum road frontage of a lot at the street line shall
be at least 20 feet in all districts, except in those districts where
there are no minimum lot area requirements. The minimum frontage of
any lot on a public street and the minimum access width of any lot
shall be 20 feet. If frontage is provided by means of a flag strip
access, width shall be measured perpendicular to the sides of the
flag strip. Notwithstanding this requirement, the Planning Board may
approve the creation of a new lot not having such frontage if the
new lot will have access to a public street by means of a common driveway
easement or access easement which is 20 feet or more in width at all
points and which easement is the subject of a duly recorded legal
instrument which cannot be revoked or terminated without Planning
Board approval.
B.
Yards.
(1)
The following accessory structures may be located in any required
front or rear yard:
(a)
Awning or movable canopy not exceeding 10 feet in height, provided
that it does not exceed 20% of the required yard area.
(b)
Open arbor or trellis.
(d)
Unroofed steps, patio or terrace not higher than one foot above
ground level.
(e)
A flag pole utilized for the display of the flag of the United
States, provided that it is set back a minimum of 15 feet from the
street line and a minimum of 10 feet from all side lot lines. The
maximum height of the flag pole shall not exceed 15 feet above existing
grade, except that the maximum height shall be 30 feet in the RM and
WF Districts.
[Added 9-9-2014 by L.L. No. 12-2014]
(2)
The space in a required front yard shall be open and unobstructed, except for structures provided for in Subsection B(1) and the following:
(3)
Every part of a required yard shall be open to the sky, unobstructed
except for retaining walls and for accessory buildings in a rear yard
and except for the projection of sills, belt courses and ornamental
features projecting not to exceed six inches. Cornices and eaves shall
not project more than 18 inches.
(4)
Open or lattice-enclosed fireproof fire escapes or stairways
required by law, projecting into a yard not more than three feet,
and the minimum required projections of chimneys and pilasters shall
be permitted by the Building Inspector when placed so as not to obstruct
light and ventilation.
(5)
Where a lot extends through from street to street, the applicable
front yard regulations shall apply on both street frontages.
C.
Transitional yards. The following minimum required transitional yards
and screening shall be provided within nonresidential districts:
(1)
Adjoining residential districts.
(a)
The minimum required transitional side and rear yards shall
be 15 feet.
(b)
The minimum required screening within such transitional side
and rear yards shall be a six-foot-high stockade-type fence or equal,
and landscape plantings shall be erected and maintained by the nonresidential
property owner along the side and rear property lines; provided, however,
that the Planning Board may waive or modify these requirements for
screening where the same screening effect is accomplished by the natural
terrain or foliage.
D.
Courts and spacing between principal buildings.
(1)
Outer courts or spaces.
(2)
Inner courts or spaces. The least horizontal dimension of an
inner court at its lowest level shall be not less than the larger
of the following two dimensions:
A.
Nothing herein contained shall restrict the height of the following
architectural and structural features beyond any applicable limitation
in the Table of Dimensional Regulations.[1]
(1)
On any public or semipublic building, a spire, cupola, dome,
belfry or clock tower.
(2)
Flagpole, chimney flue, elevator or stair bulkhead as accessory
facilities to permitted or special exception uses in a given district.
(3)
Radio or television tower, transmission line or tower or similar
structure necessary as a public service facility, only after approval
as a special exception use by the Planning Board.
(4)
The total height permitted under this section shall not exceed
125% of the permitted height of the structure on which the feature
is placed.
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
B.
No structure, excepting a public service facility erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
C.
No private radio or television antenna, mast or tower shall exceed
the maximum permitted height prescribed for the district in which
such proposed structure is to be located.
D.
In the R-20 One-Family Residence District, all buildings and structures,
except chimneys and decorative railings, must remain inside the sky
plane of the lot. The sky plane shall begin at the property lines
at the elevation of the existing natural grade, and extend to the
building or structure at an angle of 45°. The height limitation
in the Table of Dimensional Regulations shall not be exceeded.[2]
[Amended 9-9-2014 by L.L. No. 12-2014]
[2]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
E.
A third
story may be created in an existing attic in accordance with the Uniform
Fire Prevention and Building Code of the State of New York, provided
that the creation of the third story is limited to the confines of
the existing attic structure.
[Added 1-9-2018 by L.L.
No. 2-2018]
F.
Notwithstanding the height limitations set forth in the dimensional
regulations, the maximum height in feet for any residential building
located in a residential zoning district with a roof pitch flatter
than 6/12 (i.e., six inches of rise for every 12 inches of run) shall
be limited to 25 feet. This twenty-five-foot limitation shall include
the railing height required pursuant to the Uniform Fire Prevention
and Building Code of the State of New York.
[Added 1-9-2018 by L.L.
No. 2-2018; amended 7-10-2018 by L.L. No. 10-2018]
A.
In residence districts.
[Amended 4-21-2016 by L.L. No. 5-2016]
(1)
No fence or wall in a front yard shall have a height greater
than four feet, except in the case of a waterfront lot where such
fence or wall shall not exceed four feet in both the front and rear
yard.
(2)
In no case shall any fence or wall have a height greater than
six feet.
(3)
Any fence or wall having a height of four feet or less shall be exempt from building permit requirements, provided that it shall be constructed of standard materials used for such purposes, with the finished side facing the adjoining lot. The exemption herein shall not apply to any property designated a landmark under § 300-14.4.
(4)
In all events, all fences shall be erected with the finished
side facing the adjoining lot.
(5)
Retaining walls shall be set back at least three feet from all
property lines.
B.
In nonresidence districts.
(1)
No fence or wall within 10 feet of a lot line in a required
front yard shall have a height greater than four feet.
(2)
No fence or wall within 10 feet of a lot line in a side yard
or rear yard shall have a height greater than six feet.
(3)
In no case shall a fence or wall have a height greater than
six feet.
(4)
In all events, all fences shall be erected with the finished
side facing the adjoining lot or is otherwise completely screened
with evergreen or equal landscaping.
C.
The height of a fence or wall shall be measured from the ground level at the base of the fence, except that, where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall; and further, except that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsection A and B.
D.
Driveway gates.
[Amended 2-13-2024 by L.L. No. 1-2024]
(1)
In the Historic District:
(2)
Outside of the Historic District:
(a)
Driveway gates shall not exceed six feet in height above natural
grade; and
(b)
A minimum of 50% of the gate material is open or nonopaque;
and
(c)
A gate and/or gateposts at a driveway entrance or exit shall
have a minimum setback of 18 feet from the edge of street pavement
on the street right-of-way and shall not encroach upon the street
right-of-way.
E.
Other entry gates. Walkway or other entry gates located in a front
yard shall not exceed four feet in height above natural grade and
such gates located in any side or rear yard shall not exceed six feet
in height above natural grade, except in the case of a waterfront
lot where such gates shall not exceed four feet in both the front
and rear yard.
[Added 2-13-2024 by L.L. No. 1-2024]
A.
Purpose. Visual clearance shall be provided and maintained at all
intersections of streets and of driveways and streets.
B.
Clearance standards. On a corner lot in any district or at any driveway
intersection with a street, within the triangular area determined
as provided in this section, no wall or fence or other structure shall
be erected to a height in excess of two feet; no vehicle, object or
any other obstruction of a height in excess of two feet shall be parked
or placed; and no hedge, shrub or other growth shall be maintained
at a height in excess of four feet, except that trees whose branches
are trimmed away to a height of at least 10 feet above the curb level,
or pavement level where there is no curb, shall be permitted. Such
triangular area shall be determined by two points, one on each intersecting
street line, each of which points is 15 feet from the intersection
of such street lines or 15 feet along such driveway lines.
C.
With respect to any lot in the VB Village Business District, the Planning Board may modify the requirements of § 300-9.5B by reducing such requirements, incident to site plan review and approval, where the Planning Board finds that reasonable visual clearance would be accomplished by such modification, after considering the particular circumstances relating to such lot.
A.
General. Off-street parking and truck-loading spaces shall be provided
and kept available as an accessory use to all buildings, structures
and uses in amounts not less than those specified in this section.
Except as otherwise expressly provided, the requirements of this section
shall apply under the following circumstances:
(1)
All new buildings and structures erected for use on a property
shall be subject to these requirements.
(2)
Any building and/or structure which is hereafter enlarged shall
be subject to these requirements.
(3)
All new uses of a property shall be subject to these requirements.
(4)
Any use of a property which is hereafter changed shall be subject
to these requirements.
B.
Method of determining off-street parking space requirements.
(1)
The requirement for a single use (e.g., a one-family dwelling
or a retail store) shall be determined directly from the schedule
of such requirements which is a part of this section.
(2)
The requirement for a combination use made up of several component
use (e.g., a bowling alley combined with an auditorium; a restaurant
and bar; or a retail store combined with an office building) shall
be determined by establishing the requirement for each component use
for the schedule of such requirements, which is a part of this section,
and adding them together.
(3)
When the required number of spaces is determined to result in
a fraction, it shall be increased to the next highest whole number.
(4)
If the use is not specifically listed in the schedule of such
requirements, the requirements shall be the same as for the most similar
use listed.
(5)
A garage or carport may be used to meet the requirements of
this section. A driveway may only be used to meet the requirements
of this section where it serves a one-family or two-family dwelling.
(8)
When the schedule under Subsection D below requires the number of spaces to be calculated per employee and employees are on the premises in shifts, the number to be used is the number of employees present during the largest shift; in all other cases, it shall mean the total number of employees on the premises or who will use the premises for parking at any time.
(9)
No garage or other parking area shall be located in violation
of the New York State Uniform Fire Prevention and Building Code.[1] Any garage or parking area under a multiple dwelling,
motel, apartment building or other use (excepting a single-family
or two-family residence) containing residential improvements shall
require the prior written express approval of the Fire Marshal.
C.
The schedule of off-street parking space requirements for residential
uses shall be as follows:
|
Use
|
Number of Spaces Required
| |
|---|---|---|
|
One-family and two-family dwelling
|
2 per dwelling unit, plus 1 per bedroom over 3
| |
|
Multiple dwelling and apartments
|
1.5 spaces per efficiency unit
| |
|
1.75 spaces per 1-bedroom unit
| ||
|
2 spaces per 2-bedroom unit
| ||
|
2.5 spaces per units with 3 bedrooms or more
|
D.
The schedule of off-street parking space requirements for nonresidential
uses shall be as follows:
[Amended 9-9-2014 by L.L. No. 12-2014]
|
Use
|
Number of Spaces Required
| |
|---|---|---|
|
Auditorium, church, convention hall, gymnasium, theater, studio
or other place of public assembly not otherwise classified
|
1 per 3 permanent seats or 1 per each 40 square feet of seating
area where fixed seating is not provided, plus 1 per each employee
| |
|
Bank, savings and loan association
|
Same as for offices plus a ten-space queuing line for each drive-in
teller's window
| |
|
Delicatessen, retailer of prepared food
|
1 per 100 square foot of gross floor area
| |
|
Exercise studio and spa
|
1 per 100 square foot of gross floor area
| |
|
Fast-food eating establishment
|
1 per 40 square feet of gross floor area (excluding the kitchen
area), plus a minimum of 5 spaces for employees, plus 1 additional
space for each employee over 5 persons
| |
|
Filling station, repair garage
|
5 per bay plus 1 per each person employed on the site
| |
|
Funeral home
|
1 per 40 square feet of public room floor area
| |
|
Home occupation, home professional office
|
2 for the first 150 square feet of area given over to this component
of the land use, plus 1 for each additional 150 square feet or fraction
thereof, but in no case less than 2 spaces, plus 1 per each employee
| |
|
Hotel, motel
|
1 per guest bedroom, plus 1 per each 5 transient guest units
| |
|
Manufacturing or industrial establishment, research institute
or laboratory
|
Parking area equivalent to the total ground coverage of the
use, with a minimum of 2 improved spaces per each 3 employees on the
premises at one time, but in no case less than 2 spaces
| |
|
Marina, boatyard, yacht club, commercial fishing charter
|
1 per each boat slip, mooring, dock space or similar unit of
capacity, plus 1 per employee or, with respect to a commercial fishing
charter, 1 per each 2 persons of rated capacity
| |
|
Office, office building, medical arts or ambulatory care clinic
|
1 per 200 square feet of gross floor area
| |
|
Public or semipublic art gallery, library or museum
|
Same as for auditoriums, etc.
| |
|
Real estate office
|
1 per 200 square feet of gross floor area
| |
|
Restaurant, club
|
1 per 4 permanent seats and bar seats or stools or the floor
area equivalent, plus 1 per each employee
| |
|
Retail store, personal service store
|
1 per 200 square feet of gross floor area
| |
|
School
|
1 per each 5 students or 1 per each employee plus 1 per each
8 students in the 12th grade, or the parking requirement for the auditorium
or gymnasium component of the use, whichever of the foregoing calculations
is the greatest in number
| |
|
Shop for custom work
|
1 per 400 square feet of gross floor area
| |
|
Storage
|
1 per 500 square feet of gross floor area
| |
|
Tavern, bar
|
2 per each 3 persons of rated capacity
| |
|
Veterinarian, veterinary hospital
|
1 per 400 square feet of gross floor area
| |
|
Wholesale establishment, warehouse
|
Same as for "manufacturing or industrial establishments"
| |
|
Yacht sales and charter
|
Same as "office"
|
E.
Off-street truck-loading space requirements. Every building or structure
or lot used for nonresidential purposes shall be provided with off-street
truck-loading spaces in accordance with the following schedule:
|
Floor Area
(square feet)
|
Number of Spaces Required
| |
|---|---|---|
|
Under 8,000
|
1, except upon waiver in discretion of Planning Board if by
the commercial use of site a truck-loading space is unwarranted
| |
|
8,000 to 25,000
|
1
| |
|
Over 25,000
|
1 for each additional 25,000 square feet
|
F.
Supplemental regulations for private garages and off-street parking
areas in residence districts.
(1)
Not more than two parking spaces per dwelling unit may be rented
to persons living off the premises in the case of a one-family or
two-family dwelling use, and not more than one parking space per each
two dwelling units may be rented to persons living off the premises
in the case of any other residence use.
(2)
Not more than one commercial vehicle shall be housed or parked in a private garage, and any such use shall be subject to § 300-9.1B(2) above.
G.
Access driveway requirements.
(1)
Private garages, public parking areas, filling stations and
repair garages may have separate or combined entrances.
(2)
Every separate entrance or exit driveway shall have a minimum
unobstructed width of 10 feet on local roads and 15 feet on county
and state highway routes. Every combined entrance and exit driveway
shall have a minimum unobstructed width of 20 feet. Parking areas
with 20 spaces or more shall have at least two separate entrance and
exit driveways.
(3)
The intersection of a separate or combined exit and entrance driveway of a public parking area with the public street shall have the corner clearance prescribed in § 300-9.5.
(4)
The gradient of driveways shall be such as to facilitate entrance
and exit traffic flow.
H.
Design requirements for nonresidential parking and truck-loading
areas.
(1)
All accessory off-street parking and truck-loading areas shall be located in accordance with the provisions of § 300-9.1. For all properties and uses subject to site plan review pursuant to Article XIV of this chapter, off-street parking and truck-loading spaces shall be located only as said spaces are indicated and approved by the Planning Board. Any changes to the spaces shall require the further review and approval of the Planning Board.
(2)
The physical improvements of off-street parking and truck-loading
areas shall include:
(a)
Curbs, paving, sidewalks and drainage facilities complying with
the standards established in Village codes, regulations or specifications.
(b)
No parking area shall be so designed as to cause surface drainage
to flow into a public street.
(c)
Adequate lighting in public parking areas to assure the general
safety and convenience of the public.
(3)
All aisles within parking areas shall have a minimum width of
24 feet when the parking spaces are at an angle of 90° with the
aisle; 18 feet when the parking spaces are at 60°; and 12 feet
when the parking spaces are at 45°.
(4)
Aisles and turning areas shall provide good internal circulation
with adequate radii to assure ease of mobility, ample clearance and
convenient access and egress. Sufficient area for maneuvering into
and out of all parking spaces shall be provided and shall allow for
a minimum backing-out area of at least 10 feet beyond any parking
space for end-of-row parking spaces. No off-street parking spaces
shall be designed or permitted which back directly out onto any through
street. Aisles permitting two-way traffic flow shall have a minimum
width of 24 feet. Aisles permitting one-way traffic flow shall have
a minimum width of 12 feet. In all events and under all circumstances,
the design of any parking spaces and truck-loading spaces is subject
to the approval of the Planning Board.
(5)
Center-line gradients of aisles shall not exceed 8%.
(6)
Accessory off-street parking areas shall be marked off into
spaces with a minimum width of nine feet and a minimum length of 20
feet, or a minimum width of 10 feet and a minimum length of 18 feet.
The dimensions of the parking spaces shall be determined by the Planning
Board, based upon the design and type of improvements to be made to
the parking area. Spaces nine feet by 20 feet, as a policy, shall
only be considered where the parking areas are to be substantially
improved with asphalt or concrete paving and the parking area consists
of 50 or more spaces. Spaces 10 feet by 18 feet shall be used for
all other instances, including, in particular, where the parking area
is improved merely with oil and bluestone or gravel. The dimensions
of parking spaces for trucks or special equipment shall be determined
by the Planning Board.
(7)
An accessory off-street truck-loading space shall have a minimum
width of 12 feet, a minimum length of 33 feet and a minimum clear
height of 14 feet. The related aisles or driveways shall have the
same minimum width and clear height.
(8)
All accessory off-street parking areas shall provide for handicapped
access and parking. A minimum of 5% of the total number of parking
spaces required for any site shall be allocated to handicapped parking;
provided, however, that in no case shall the number of handicapped
spaces be greater than five spaces unless additional spaces are required
under New York Vehicle and Traffic Law § 1203-c, as amended.
Handicapped spaces shall be marked off into spaces with the same minimum
width as required for regular parking spaces plus an adjacent five-foot-wide
unloading area, in effect providing for a fourteen- or fifteen-foot-wide
parking space. Each such space shall be striped with blue paint and
shall contain the international handicapped symbol and a sign approved
by the Planning Board at the head of each space.
(9)
To improve the aesthetics of a site, promote public safety,
moderate climatic effects and minimize nuisances such as noise and
glare, accessory off-street parking areas shall include appropriate
landscaping at the perimeter and within the interior of the parking
areas. The Planning Board shall determine the amount, location and
type of landscaping; provided, however, that accessory off-street
parking areas with a requirement of over 20 spaces shall have at least
25 square feet of interior landscaping for each parking space. Additionally,
interior parking islands shall allow ample room for plantings without
disturbance from vehicular and pedestrian traffic. Landscaped areas
shall be so designed as not to obstruct a driver's view.
(10)
Pavement markings.
(a)
Traffic pavement marking shall be provided on various internal
roadways and parking areas which may include parking stalls, stop
bars, crosswalks, lane lines, fire zones, handicapped parking stalls,
directional arrows and other miscellaneous markings. Signs may also
be provided along said roadways to identify these areas. Pavement
markings and signs shall conform to the New York State Manual of Traffic
Control Devices or as directed by the Planning Board.
(b)
Where striping can be accomplished, all parking spaces shall
be striped in accordance with the approved plan. All striping shall
be four-inch-wide lines except handicapped spaces, which shall be
four-inch blue lines. Specifications of the paint and method of application
shall be determined by the Planning Board.
(c)
Traffic islands separating opposing flows of traffic shall be
bordered by two four-inch-wide yellow lines and crosshatched with
twelve-inch-wide yellow bars.
(d)
Fire zones shall be installed in accordance with the directions
of the Planning Board and advisory recommendations of the Sag Harbor
Fire Marshal.
I.
Exemptions and variances.
(1)
Existing buildings and uses in the Village Business District,
Office District and Waterfront District are exempt as follows:
(a)
The provisions of § 300-9.6 shall not apply to any land use, buildings or structure lawfully existing on the effective date of this subsection (for purposes of this subsection this date shall be September 4, 1984), whether continued as a legal nonconforming use or thereafter converted or changed without enlargement to a different lawful use having an equal or lesser number of parking and truck-loading spaces, except as provided otherwise in § 300-12.6B(1)(b). Preexistence may be established by any one or more of the following:
[1]
A valid certificate of occupancy or certificate of compliance.
[2]
An original sealed survey of the premises (not a photocopy).
[3]
A date-verified aerial photo.
[4]
A valid sewer use permit containing such proof of such preexistence.
[5]
An original Sanborn map of the premises or equivalent.
[6]
An affidavit or other proof acceptable to the Building Inspector.
(b)
Requirements for preexisting buildings, structures or lots;
change of use.
[1]
No building, structure or lot lawfully existing shall be enlarged unless the off-street parking and truck-loading space requirements of this § 300-9.6 are complied with to the same extent as would be required if the entire preexisting building or structure or lot and the proposed enlargement were being submitted as a new application for a building permit for the entire project, except that credit shall be given for the off-street parking and truck-loading spaces that would have been required for the existing building or structure if the premises did not have preexisting status. Any credit shall, however, be limited in application to the preexisting building, and new spaces shall be supplied and installed for any enlargement. It is intended by this provision that additional off-street parking and truck-loading spaces shall be provided with respect to the proposed enlargement, but no additional spaces shall be required with respect to the preexisting building or structure. By way of illustration, and not limitation, a legal preexisting building with a parking requirement of eight spaces which supplies five spaces shall, upon enlargement, supply as many new spaces as the enlargement requires, and the five preexisting spaces shall be credited against the eight required and shall satisfy only said requirement of eight spaces.
[2]
No lawfully existing use shall be changed to a use with greater off-street parking or truck-loading space requirements unless the off-street parking and truck-loading space requirements of this § 300-9.6 are complied with to the same extent that would be required if the proposed change of use were being submitted as a new application for a building permit, except that credit shall be given for the off-street parking and truck-loading spaces that would have been required for the lawful preexisting use if said use did not have preexisting status. Any credit shall, however, be limited in application to the preexisting building, and new spaces shall be supplied and installed for any change of use. It is intended by this provision that additional off-street parking and truck-loading spaces shall be provided with respect to the change of use subject to the aforesaid credit. By way of illustration and not limitation, a legal preexisting building with a parking requirement of eight spaces which supplies five spaces shall, upon change of use, supply as many new spaces as the change of use requires, and the five preexisting spaces shall be credited against the eight required and shall satisfy only said requirement of eight spaces.
[3]
Conforming spaces actually provided on the premises, even if
informal and unpaved, shall be allocated to the preexisting portions
only or to the prior use but shall be formalized and paved as a condition
of issuance of any site plan approval, building permit, certificate
of compliance or certificate of occupancy, whichever shall apply.
(2)
Where the Planning Board shall determine that dedication of
land or an easement in perpetuity to the Village is desirable to facilitate
improvement of existing or proposed public parking facilities and
said dedication of land or easement is voluntarily and unconditionally
offered to the Village for said purposes, the off-street parking requirements
hereunder may be waived in whole or in part by the Planning Board.
The number of spaces that may be waived shall be calculated on the
basis of one space per each 200 square feet of land area covered in
the dedication or easement.
A.
Schedule of permitted signs. The following schedule of permitted
signs shall apply according to the district in which the lot is located
on the Zoning Map, whether such lot is used for a permitted use or
for a special exception use:
|
Permitted Signs
| |||||
|---|---|---|---|---|---|
|
Type of District
|
Professional and Announcement Signs
|
Identification Signs
|
Real Estate For-Sale or For-Rent Signs and Construction
Signs
|
Temporary Signs
| |
|
All residence districts
|
1 on each public street frontage pursuant to § 300-9.7B
|
Prohibited
|
1 on each public street frontage for single lots or buildings; 2 subdivision signs on each public street frontage for each approved subdivisions pursuant to § 300-9.7E
| ||
|
Village Business District and Office District
|
1 on each public street pursuant to § 300-9.7C
|
1 wall sign on each public street or municipal off-street parking lot and 1 detached or ground sign pursuant to § 300-9.7C
|
1 on each public street frontage for single lots or buildings pursuant to § 300-9.7E
| ||
|
All other districts
|
Prohibited
|
1 wall sign on each public street or municipal off-street parking lot and 1 detached or ground sign pursuant to § 300-9.7D
|
1 on each public street frontage for single lots or buildings pursuant to § 300-9.7E
|
Pursuant to § 300-9.7E
| |
B.
Professional signs and announcement signs.
(1)
A professional sign or an announcement sign for a home professional
office or home occupation shall bear only the name and profession
or occupation of the resident. Such sign shall have a maximum area
of two square feet and may be located on the building wall or in the
required front yard, provided that it is set back at least 10 feet
from all property lines and is not more than six feet above the natural
ground level at its location.
(2)
A church or other place of worship may have one announcement
sign, not over 18 square feet in area, on each public street frontage
of its property, either fixed on the main wall of the building or
located in the required front yard, provided that it is set back at
least 10 feet from the front property line and at least 25 feet from
all other property lines. A church or other place of worship may also
have one temporary announcement sign, not over 32 square feet in area,
on each public street frontage of its property, located in the required
front yard, for a period not to exceed 30 days, for the purpose of
announcing a special event, provided that it is set back at least
10 feet from the front property line and at least 25 feet from all
other property lines. No detached or ground sign shall exceed an overall
height of eight feet. The sign permit for such temporary sign shall
automatically be deemed revoked 30 days after the date of issuance
of such permit, and such temporary sign shall be removed from the
premises upon the revocation of such permit. There shall be no fee
for the permit for such temporary sign.
(3)
A parish house, club, school or public or semipublic building
may have one announcement sign, not over six square feet in area,
on each public street frontage of its property, either fixed on the
main wall of the building or located in the required front yard, provided
that it is set back at least 10 feet from the front property line
and at least 25 feet from all other property lines. A parish house,
club, school or public or semipublic building may also have one temporary
announcement sign, not over 32 square feet in area, on each public
street frontage of its property, located in the required front yard,
for a period not to exceed 30 days, for the purpose of announcing
a special event, provided that it is set back at least 10 feet from
the front property line and at least 25 feet from all other property
lines, No detached or ground sign shall exceed an overall height of
eight feet. The sign permit for such temporary sign shall automatically
be deemed revoked 30 days after the date of issuance of such permit,
and such temporary sign shall be removed from the premises upon the
revocation of such permit. There shall be no fee for the permit for
such temporary sign.
(4)
Such signs may be double-faced.
(5)
Lighting for such signs shall be mounted on the top of or above
the sign, directed downward, and positioned or shielded so that the
light source is not visible beyond the boundary of the property on
which the sign is located.
(6)
In addition to all other permitted signs, a restaurant, delicatessen,
specialty food store, or coffee shop may display one erasable portable
sign not to exceed six square feet of advertising space to announce
its menu or daily specials. Such sign shall not be displayed on or
above the public right-of-way, nor shall it obstruct parking, pedestrian,
or accessible walkways. It shall be stored inside the premises when
it is not open for business.
[Added 9-9-2014 by L.L. No. 12-2014]
C.
Village Business District identification signs.
(1)
A wall identification sign shall be attached to or incorporated
in a building wall. Such sign shall not:
(2)
An awning identification sign on a properly adjustable awning
constructed of cloth on an iron tube frame, the lowest point of which
shall be at least seven feet above the sidewalk or ground elevation
at the base of the wall on which it is mounted. Such sign shall not:
(3)
A detached or ground identification sign may only be erected
where the building is set back from the street line a distance of
25 feet or more. Such sign shall not:
(a)
Exceed in total area 18 square feet.
(b)
Exceed eight feet in height measured from the ground level.
(c)
Have less than three feet of clear space between the ground
level and the bottom of the signboard, provided that necessary supports
may extend through such clear space.
(d)
Be set back less than 20 feet from any property line, except
that, if the average front setback of existing buildings within the
same block is less than 10 feet, then the average setback so established
shall be applied to such sign.
D.
All other nonresidential district identification signs.
(1)
A wall identification sign shall be attached to or incorporated
in a building wall. Such sign shall not:
(2)
A detached or ground identification sign may only be erected
where the building is set back from the street line a distance of
40 feet or more. Such sign shall not:
(a)
Exceed in total area 40 square feet.
(b)
Exceed 10 feet in height measured from the ground level.
(c)
Have less than four feet of clear space between the ground level
and the bottom of the signboard, provided that necessary supports
may extend through such clear space.
(d)
Be set back less than 20 feet from any property line, except
that, if the average front setback of existing buildings within the
same block is less than 10 feet, then the average setback so established
shall be applied to such sign.
E.
Real estate and construction signs. Real estate and construction
signs shall be set back at least three feet from any property line.
Such signs shall have a maximum area of four square feet, except that
subdivision signs shall have a maximum area of 24 square feet. Such
signs shall not be illuminated in any residence district.
[Amended 9-9-2014 by L.L. No. 12-2014]
F.
General provisions.
(1)
The area of a sign shall be determined by the smallest rectangle
that encompasses all of the letters or symbols that make up the sign,
together with the area of any background of a color or material different
from the general finish of the building, whether painted or applied.
(2)
The outlining by direct illumination of all or part of a building,
such as a gable, roof, wall, side or corner, is prohibited, except
for holiday display.
(3)
No flashing or moving signs, except time-and-temperature information,
or rooftop signs shall be permitted in any district.
(4)
Illumination of signs shall be accomplished by means of a fully
shielded light source mounted on top of or above the sign, directed
downward and positioned or shielded so that the light source is not
visible beyond the property lines, disturbs the vision of passing
motorists or constitutes a hazard to traffic.
(5)
Temporary or permanent signs resting on or attached to vehicles
shall not be used as a means to circumvent the provisions of this
chapter.
(6)
No sign shall be so located as to detract from or obstruct historical
buildings from public view.
(7)
Billboards are prohibited in all districts, except that the
Village may establish special public information centers wherein directional
signs for businesses which are approved by the Village Board of Trustees
may be located.
(8)
No neon sign shall be permitted in any district.
(9)
Nothing contained in this chapter shall be construed to prohibit
the Village or any other governmental agency from erecting and maintaining
public signs deemed to be necessary in the public interest.
(10)
Any sign to be erected in any part of the Historic District
shall be allowed only upon an express, affirmative finding of the
Board of Historic Preservation and Architectural Review that said
sign is consistent with the historic character of the area including
historic materials and features.
G.
Procedures, permits and fees.
(1)
No sign shall be erected in the Village of Sag Harbor without
first obtaining a permit from the Building Inspector and paying the
required fee set forth in this section, except that a residence nameplate,
street number, "for sale," "for rent," "beware" or "caution" sign
not exceeding a gross area, inclusive of frame, of two square feet,
elevated not to exceed two feet above existing natural grade, and
accessory to a one- or two-family residential building, shall not
require such a permit.
(2)
Applications for sign permits shall be made upon forms provided
by the Building Inspector and shall include plans, specifications
and other such information as the Building Inspector may require.
(3)
The Building Inspector shall determine that such proposed sign
complies with all the requirements of this chapter and all other applicable
laws and regulations of the Village of Sag Harbor before authorizing
issuance of a sign permit. Nonconforming signs shall be designated
as such on the sign permit issued.
(4)
No sign permit shall be issued prior to payment of the required
fee. The fee for a sign permit application and for issuance of a sign
permit shall be as established from time to time by the Board of Trustees.
(5)
Each sign shall be assigned a permit number.
(6)
Each sign for which a sign permit has been issued may be inspected
for adequate maintenance, freedom from any hazardous condition and
structural soundness. If such sign is found to be unsafe, the Building
Inspector shall revoke the sign permit until such time as satisfactory
adjustments have been made.
(7)
No existing sign shall be structurally altered, rebuilt, enlarged,
extended, relocated or modified in any way except in conformity with
the provisions of this section.
(8)
Any sign requiring a sign permit which does not have such a permit or which does not have a sign permit number shall be deemed to be an illegal sign under the provisions of this chapter. The Building Inspector shall cause a notice of such violation to be served on the owner of the building, structure or lot where said sign is located, or the lessee or tenant of the part of or of the entire building, structure or lot where said sign is located, requiring such owner or lessee or tenant to remove such illegal sign. Such notice may be served personally or by certified mail, return receipt requested. Persons found guilty of such violation shall be subject to a fine and/or imprisonment as set forth in § 300-17.6.
(9)
No sign other than a sign erected by a governmental agency shall
be erected or placed within the right-of-way lines of a public street,
and any such sign may be removed by the Building Inspector without
notice to the owner.
[Amended 9-9-2014 by L.L. No. 12-2014; 4-13-2021 by L.L. No. 6-2021]
All exterior lighting installed, replaced, changed, repaired
or relocated after the effective date of this article shall conform
to the provisions established by this article.
A.
Residential standards.
(1)
Exterior lighting shall be designed, installed, and maintained
to minimize glare and light trespass across property lines, into roadways
(whether public or private), and waterways.
(2)
Irrespective of any other provision herein, all lighting on
new construction for which a building permit is issued after the effective
date of this chapter must be fully shielded. Building permit applications
for exterior lighting shall include a drawing, photograph, or manufacturer's
cut sheet, along with the installation mounting height from grade
for each lighting fixture(s).
(3)
No light source shall be visible beyond the boundary of the
property on which it is located, including from a body of water or
roadway.
(4)
All lighting fixtures shall meet the specifications set forth
herein and shall be aimed downward and installed as per the manufacturer's
design and installation guidelines.
(5)
Up to two outdoor lighting fixtures per lot are exempt from
the shielding requirements, provided that such exempt fixtures have
a total light output of 900 lumens or less (60 watts incandescent
or less), regardless of the number of light sources.
(6)
Residential landscape lighting shall not be controlled by dusk-to-dawn
sensor(s) unless such lighting illuminates a walkway.
(7)
Holiday lighting is exempt from the above provisions, provided
the output per light source does not exceed 200 lumens, and said lighting
is installed between November 15 and January 15 and extinguished thereafter.
B.
Commercial lighting standards and requirements. Exterior commercial
lighting, which is improperly designed, insufficiently shielded, or
unnecessarily intense can have a detrimental effect on many of the
qualities which the Village seeks to foster and protect. Therefore,
in reviewing site plans the Planning Board shall consider the impacts
of any proposed exterior lighting on public safety, adjacent property
(especially residential property), the natural environment and the
general appearance of the Village. To this end, the Planning Board
is directed to apply the specific standards and requirements of this
section to any proposed exterior lighting and distribute to all applicants
the Village's Guidelines for Lighting Plans. The Planning Board shall
have the power to vary or modify any standards or requirements, where
appropriate, provided the Board finds that doing so will not negate
the purposes of this section. The Board shall take into account the
fact that not every aspect of a project will require lighting and
that the use of alternatives to lighting should be encouraged, such
as the use of reflective markers, pavement markings, signs or other
nonilluminated measures to avoid the excessive or unnecessary use
of lighting.
(1)
Location of light fixtures. All exterior light fixtures shall
be located to avoid glare and the adverse effects of exterior lighting
on nearby properties, especially residential property, roadways (whether
public or private), and water bodies.
(2)
Mounting height. Light fixtures shall be mounted at the lowest
practical height, taking into account the area to be illuminated and
the relationship between the mounting height and the number of fixtures
required to illuminate that area unless a greater mounting height
is required by the nature of the use or the size of the structure
(e.g., boat storage buildings, multiple-dwelling units and commercial
garages); light fixtures shall not be mounted at a height greater
than 12 feet above natural grade.
(3)
Prohibited light sources. The following types of light sources
are prohibited:
(a)
Mercury vapor;
(b)
Neon, unless legally preexisting;
(c)
Laser;
(d)
Any light source with a color temperature greater than 2,700
Kelvin;
(e)
Flashing, colored, or tracing lights;
(f)
Lighting which outlines a structure;
(g)
Metal halide; and
(h)
Internally illuminated (cabinet) lighting and LED signs.
(4)
Utility-pole-mounted lighting. Utility-pole-mounted lighting
to illuminate private property is prohibited.
(5)
Shielding of light source. Full cutoff, fully shielded, or zero
uplight light fixtures, as per the manufacturer's specifications,
shall be used for all light sources in the Village. For purposes of
this chapter, the terms "full cutoff," "fully shielded," and "zero
uplight," when used in relation to lighting fixtures, shall be synonymous.
(6)
Landscape and facade lighting is discouraged. Landscape and
facade lighting, while discouraged, shall be subject to site plan
approval by the Planning Board, and such lighting shall be extinguished
at the close of business but no later than 11:59 p.m. by automated
shutoffs, provided such lighting is not necessary for safe pedestrian
passage after business hours.
(7)
Automatic lighting controls. Installation of automatic lighting
controls is required so that lighting is automatically extinguished
during daylight hours. Motion sensors shall be aimed and adjusted
such that lights are not triggered by motion off the property and
shall only be installed and utilized on doorways and areas which are
not open to the public but available for emergency access after close
of business.
(8)
All lights are to be extinguished no later than 1/2 hour after
close of business. "Dusk-to-dawn" sensors, without a shutoff control,
are prohibited.
(9)
Light levels at the property line and 10 feet beyond shall not
exceed 0.1 footcandle adjacent to property zoned for commercial use,
and 0.05 footcandle at residential property boundaries.
(10)
ATM and bank property lighting shall conform to the shielding,
Kelvin, and light trespass requirements herein to prevent glare and
excessive lighting and shall not exceed illuminance values set forth
in New York State Banking Law (4677-A). Existing lighting in violation
of this subsection shall be retrofitted to conform to the maximum
levels set forth herein on or before six months from the date of this
local law as set forth herein.
C.
Flagpole lots. In the case of a flagpole lot, the front lot line
used for the determination of lot width and the required front yard
shall be one of the internal lot lines designated by the owner.
D.
Waterfront lots. In the case of a waterfront lot:
(1)
A waterfront lot line shall be considered the front lot line.
The line opposite the front lot line shall be considered the rear
lot line.
(2)
When a lot is formed by a waterfront lot line and a street right-of-way
or easement line intersecting, such lot shall be considered a corner
lot.
(3)
When a rear lot line is a street or right-of-way, the required
rear yard setback for accessory buildings and structures shall be
the same as the required rear yard for a principal building in the
applicable district.
(4)
Lighting for residential docks shall consist of fully shielded
fixtures that illuminate only the surface of the dock itself and do
not exceed 0.2 footcandle in any location on the dock.
E.
Exceptions. The following types of lighting are exempt from the foregoing
provisions:
(1)
Temporary lighting, as defined herein;
(2)
Lighting which the Village Board has expressly allowed in connection
with a special event;
(3)
Flag up lighting, provided any such flag is not used for advertising
purposes, and has a fixture as close to the pole as possible, and
has a light source that emits a narrow beam of light. The light source
must be recessed within a fixture with an opaque shield so that, as
designed and installed, the light fixture projects all its light above
the horizontal plane and is aimed directly at the flag. Pole-top-mounted
"down" lighting is preferred. The light source shall not be visible
across the property line or from public or private roadways and water
bodies;
(4)
U.S. Coast Guard approved maritime navigational lighting and
all temporary emergency lighting needed by fire, ambulance, or police
departments, or other emergency services;
(5)
Municipal streetlighting, provided fully shielded replacements
are not available in a similar design;
(6)
All essential lighting for municipal emergency facilities;
(7)
Marina-power-pedestal lighting, as defined herein, provided
that the light source shall not exceed 2,700 Kelvin; and
(8)
Sign lighting in which the light source is not visible across
property lines or into public or private roadways and waterbodies
may employ a top-mounted RLM-type dish fixture, provided all other
provisions herein are met.
F.
Enforcement and violations. Any violation of this subsection or any violation of the approval or the conditions of the approval related to lighting that is imposed by the Planning Board or the Board of Historic Preservation and Architectural Review shall be deemed a violation of this chapter punishable under the provisions of § 300-17.6, whether such violation is committed by the actions of the property owner or the installer. Either party may be held liable under this section.
G.
Legally preexisting and nonconforming lighting. In order to further
the public health, safety, and welfare, and to provide lighting consistency
throughout the Village, the following "sunset" provisions shall be
implemented. The residential provisions shall become effective upon
adoption of this law and the commercial provisions shall become effective
six months from the date this law is adopted, unless otherwise specified.
(1)
Residential.
(a)
Upon repair, replacement, or relocation of any exterior lighting,
such lighting shall conform to the standards provided herein.
(b)
Upon re-lamping (i.e., changing the light fixture/bulb), the
maximum lumens per doorway on a structure for unshielded residential
lighting shall not exceed 900 lumens (approximately the equivalent
to a 60-watt incandescent light bulb), regardless of the number of
light sources or fixtures.
(c)
Upon re-lamping of any outdoor light fixture, the Kelvin for
such light source shall not exceed 2700.
(d)
Upon re-lamping of any unshielded nonessential fixture, including
foliage lighting and stanchion light fixtures, the light source shall
not exceed 400 lumens (equivalent to approximately 40 watts incandescent)
per fixture.
(e)
Nonessential lighting shall not be controlled by a dusk-to-dawn
sensor. Any existing sensors shall be removed.
(2)
Nonresidential and municipal lighting. Compliance with the following
provisions shall be required for commercial structures within six
months from the date this law is enacted.
(a)
All legally preexisting and nonconforming exterior lighting
shall be extinguished one-half hour after the close of business, exclusive
of motion-sensor-activated light fixtures, provided such fixtures
are not illuminated as a result of activity off the property, with
the exception of lighting that illuminates public walkways.
(b)
ATM and lighting for lending institutions shall conform to the
shielding and light trespass requirements herein and shall not exceed
the illuminance values set forth in the NY State Banking Law (4677-A).
(c)
Lighting mounted on a utility pole which is intended to illuminate
private property, and which does not meet the shielding, Kelvin, light
trespass and shut-off provisions herein, shall be removed, including
the pole itself if its use is dedicated to mount such light fixture.
(d)
Mercury vapor light fixtures shall be removed.
[Added 4-14-2015 by L.L.
No. 6-2015]
It shall be a violation of this chapter, subject to the penalties set forth in § 300-17.6, to create or maintain any condition that causes, permits, allows, facilitates or contributes to a detriment to adjoining properties, including, without limitation, public and private roads, caused by erosion, flooding or diversion of surface, ground, or floodwaters.
[Added 4-21-2016 by L.L.
No. 5-2016; amended 3-29-2017 by L.L. No. 7-2017]
A.
Maximum gross floor area in the R-20 and OD Districts.
(1)
The gross floor area of any one-family detached dwelling shall
not exceed the permitted gross floor area calculated as follows:
(a)
Lots of 6,250 square feet or less: 2,500 square feet gross floor
area.
(b)
Lots greater than 6,250 square feet and less than 25,000 square
feet: 2,500 square feet gross floor area plus (lot area minus 6,250
square feet) times (0.08).
(c)
Lots 25,000 square feet or greater: 4,000 square feet gross
floor area plus (lot minus 25,000 square feet) times (0.08). In no
case shall the gross floor area exceed 7,000 square feet.
[Amended 6-13-2017 by L.L. No. 9-2017]
(3)
In the case of two or more dwelling units legally existing on
the same lot, the gross floor area of all dwellings shall be the cumulative
total gross floor area of all dwellings on the lot.
(4)
In determining maximum lot coverage, whether under the gross
floor area requirement or the percentage of lot coverage restriction
in this article, the more restrictive requirement or standard shall
apply.
(5)
These provisions shall apply in the R-20 and OD Districts.
B.
The provisions of this section shall also apply to:
C.
The provisions of Subsection A of this section shall not apply to a residential one-family or two-family detached dwelling or two or more dwelling units legally existing on the same lot which are nonconforming uses in a zoning district other than R-20 or OD. In such cases, the nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 100% of the gross floor area of such legal preexisting nonconforming dwelling use.
[Added 3-9-2021 by L.L.
No. 1-2021; amended 2-13-2024 by L.L. No. 2-2024]
[Added 6-14-2022 by L.L. No. 13-2022]
A.
Allowance. Accessory apartments in the R-20 District shall be permitted
pursuant to this section, provided that any such use complies with
the requirements of this section and a permit is issued hereunder.
B.
Occupancy. Occupancy of any accessory apartment under this section shall be given to affordable workforce housing income occupants (as defined in Village Code Chapter 150) or a family member of the owner. Priority also shall be given to those persons who otherwise already qualify and work in or for the Village of Sag Harbor, the Village of Sag Harbor Ambulance Corps, Police Department, or Fire Department.
[Amended 6-13-2023 by L.L. No. 5-2023]
C.
Incentives.
(1)
Approval of a new accessory apartment shall qualify the owner
of premises to a waiver of any sewer rent in a sum equal to the percent
of space at the premises used and occupied by any such accessory apartment(s).
D.
Standards.
(1)
Yield. No lot or parcel of land in the R-20 District shall be
improved with more than one accessory apartment.
(2)
Location. Accessory apartments shall be permitted within the
principal dwelling or in accessory structures pursuant to the standards
set forth herein. Any accessory apartment that is located within the
principal dwelling shall occupy no more than 40% of the principal
dwelling's habitable area.
(3)
Size. Accessory apartment size. Notwithstanding Village Code § 300-9.1B(6), an accessory apartment, constructed in a detached accessory structure, shall have a minimum gross floor area of 280 square feet and a maximum gross floor area of 600 square feet. An attached or internal accessory apartment shall have a minimum gross floor area in compliance with the New York State Fire Prevention and Building Code and a maximum gross floor area of no more than 40% of the primary residence.
[Amended 11-14-2023 by L.L. No. 10-2023]
(4)
Lot size. The lot containing an accessory apartment shall comply
with the lot area requirement of the R-20 District, except that a
nonconforming lot may be eligible for an accessory apartment.
(5)
All other dimensional nonconformities shall not be less than
70% of the required lot width requirements.
[Amended 11-14-2023 by L.L. No. 10-2023]
(6)
Bedrooms. In no event shall the number of bedrooms in an accessory
apartment exceed two bedrooms.
(7)
Exterior appearance. Any entryway or other exterior feature
of a principal dwelling in the R-20 District with an accessory apartment
shall be designed and maintained so as to appear as a single-family
dwelling to the extent reasonably feasible.
[Amended 11-14-2023 by L.L. No. 10-2023]
(8)
Off-street parking. Any applicant hereunder shall in good faith
seek to provide at least one off-street parking space for any such
accessory apartment, but no off-street parking spaces shall be required
for an accessory apartment hereunder.
(9)
Code compliance.
(a)
Any accessory apartment shall be improved and maintained in
compliance with the Village Code, the New York State Fire Prevention
and Building Code and the Suffolk County Sanitary Code. No violations
of the Village Code shall exist at the time of application for an
accessory apartment, or any renewals thereof. The Building Inspector
shall inspect the premises upon receipt of a completed application,
and the application shall not be processed until all outstanding violations
are corrected.
(b)
Legally existing, preexisting, nonconforming accessory structures may be converted to an accessory apartment provided it meets the New York State Fire Prevention and Building Code and the Suffolk County Sanitary Code. Conversion to an accessory apartment or adding an accessory apartment represents a conforming use and shall not result in an increase in the degree of nonconformity pursuant to § 300-10.2C.
(c)
Newly constructed accessory apartments are permitted provided
they meet the provisions set forth in the Village Code, the New York
State Fire Prevention and Building Code and the Suffolk County Sanitary
Code.
(10)
Inspection. As a condition of approval of any permit for an
accessory apartment, the applicant or its designated, authorized representative
shall authorize the Building Inspector and/or Fire Marshal to make
or cause to be made inspections, upon reasonable notice, to determine
the condition of the dwellings and compliance with the provisions
of this section to safeguard the health, safety and welfare of the
public.
E.
Amnesty. Any owner of any dwelling within the R-20 District now unlawfully
improved with an accessory apartment of any kind shall be allowed
one year from the date of enactment of this section to submit an application
for a permit hereunder without penalty. Any such owner obtaining said
permit shall have 180 days after issuance of the permit to comply
with all the requirements of this section including the requirements
of any other agency with jurisdiction.
F.
Duration. Any permit for an accessory apartment shall be for a period of one year and must be renewed annually. At the time of any such renewal, the applicant shall provide a statement attesting to the efforts that have been made to comply with the occupancy requirements in § 300-9.12B herein.
G.
Transferability. Any permit for an accessory apartment may be transferred
by an owner of the principal dwelling to a successive owner of the
principal dwelling, provided that written notice including the name
and mailing address of the successive owner is given to the Building
Inspector by the permit holder, and in no event may any interest of
a tenant of an accessory apartment be transferred to a third-party
tenant. No accessory apartment may be sublet.
H.
Applications for permits hereunder shall be reviewed and approved
or denied by the Building Inspector.
I.
Applications. All applications shall be in forms on file with the
Building Department. Any application shall include:
(1)
An application to the Building Department for preapproval of
occupancy and use, together with plans by a licensed design professional
and any such other plans, documents or surveys required by the Building
Department, an application to the Building Department for all necessary
building permits for an accessory apartment permit.
(2)
The applicant shall make part of any application for preapproval
of occupancy and use and building permit an approval of the Suffolk
County Department of Health Services, if required.
(3)
The Building Inspector may require the applicant to submit supporting
documents, including but not limited to floor plans, surveys, photographs,
and/or exterior renderings.
(4)
The application for the transfer of an accessory apartment permit
to a subsequent property owner shall be completed on such forms and
in such a manner as prescribed by the Building Inspector.
(5)
Only the owner of the residence may apply for this building
permit and shall execute covenants and restrictions as a condition
of approval. Said covenants shall be recorded in the Suffolk County
Clerk’s office prior to the issuance of a certificate of occupancy
and shall constitute a covenant running with the land. The covenants
and restrictions shall ensure the following, and the Village may require
additional conditions to be stated in the covenant at its discretion:
[Amended 11-14-2023 by L.L. No. 10-2023]
(a)
The principal dwelling or the apartment is the domicile of all
tenants therein.
(b)
The apartment or any proprietary or other interest therein will
not be sold to the tenant or any other party, except as part of a
sale of the entire residence in which the apartment is located.
(c)
All leases of the rental apartment shall be in writing and made
available to the Village Building Department upon request and shall
be for a minimum of a one-year term and may not be sublet.
(d)
Proof of income of the tenant shall be produced in writing and
made available to the Building Department upon request, or where the
tenant is a relative of the owner, proof of income shall not be required
and a notarized affidavit of proof of tenancy may be submitted in
lieu of a lease for approval by the Building Department/Director of
Housing prior to the issuance of an accessory apartment permit.
(e)
The apartment is properly constructed, maintained and used,
and unapproved uses are excluded therefrom.
(f)
Any other conditions deemed reasonable and necessary to ensure
the immediate and long-term success of the apartment in helping to
meet identified housing needs in the community and to ensure minimal
impact on the neighborhood structure is met.
(6)
The applicant is required to file a form stating that the subject
dwelling(s) shall conform with all requirements of this section, all
applicable provisions of the Code of the Village of Sag Harbor, Suffolk
County Sanitary Code and New York State Uniform Fire Prevention and
Building Code. The applicant will be required to meet pertaining standards
within 180 days of the building permit, or the accessory apartment
permit will become null and void.
(7)
The application shall include three current surveys of the premises,
a copy of a current certificate of occupancy, a list of all property
owners within 200 feet and a copy of the applicant's deed.
J.
Revocation. The Building Inspector shall retain the right to revoke
any certificate of occupancy for an accessory apartment issued hereunder
should the applicant or applicant's tenant violate any provision of
this section, any condition imposed upon the issuance of the certificate
of occupancy, or violation of the provisions of the Code of the Village
of Sag Harbor. As an alternative to revocation, the Building Inspector
may continue the certificate of occupancy on a probationary basis
and, in such event, the Building Inspector may revoke the certificate
of occupancy without further notice to the applicant or tenant upon
continued violation of any provision of this section, any condition
imposed upon the issuance of the certificate of occupancy, or violation
of the provisions of the Code of the Village of Sag Harbor.
K.
After a certificate of occupancy is issued for an accessory apartment,
should the property owner or subsequent owner wish to eliminate the
accessory apartment, all incentives granted to the property owner
for establishing the apartment shall be revoked immediately and all
indicia of habitable space shall be removed from the accessory apartment
including but not limited to bathrooms, kitchens, bedrooms or sleeping
quarters.
