Village of Head-of-the-Harbor, NY Permitted Uses and Bulk Regulations

[Amended 2-9-1991 by L.L. No. 4-1991]

In these districts, no structure or premises shall be used and no structure or group of structures or part of a structure shall be erected, constructed, enlarged, altered, restored, converted or relocated or shall be designed to be used, in whole or in part, except for one of the principal or special uses and one or more of the accessory uses set forth below, except that agricultural pursuits and guesthouses may be included on the same premises as a one-family dwelling.

Permitted principal uses.

(1)

A one-family dwelling.

(2)

Village Hall, Village Court, Village Police Station and other Village uses.

(3)

Village park, wildlife preserve and natural park reservation.

Permitted special uses. The following uses are permitted subject to compliance with the requirements set forth in this § 165-23B and in §§ 165-35, 165-36, 165-37 and 165-38:

(1)

Churches and other places of religious worship located on adequate sites and with adequate provision for parking at times of maximum attendance or use of the premises, with landscaping and controls over lighting and signs as may be required so as to protect and not adversely affect adjoining properties and with means of ingress and egress which are properly related to the street system.

(2)

Nonprofit academic day or preparatory schools organized pursuant to the Education Law of the State of New York and chartered by the Board of Regents of the University of the State of New York, located on adequate sites and complying with the provisions of § 165-23B(1).

(3)

Agricultural pursuits, provided that:

[Amended 5-12-1990 by L.L. No. 3-1990]

(a)

No manure or odor- or dust-producing substance or use thereof shall be stored or permitted within 100 feet of any side or rear lot line or within 150 feet of any front lot line;

(b)

A fence is installed to prevent livestock or poultry from straying, of a design and appearance appropriate to the surrounding neighborhood, which is thereafter maintained in sound condition; and

(c)

The operations are confined to the farm under cultivation and are conducted in such manner as not to cause harm or annoyance to residents or adjacent properties.[1]

[1]

Editor's Note: Original Section 410.24, which dealt with guesthouses and which immediately following this section, was repealed 5-12-1990 by L.L. No. 3-1990.

(d)

Except as otherwise allowed under New York Agriculture and Markets Law § 305-a(1) on premises within a county-adopted state-certified agriculture district, agricultural pursuits shall not include any use which causes or allows public assembly for purposes of attending a social event or an entertainment event, and, instead, agricultural pursuits shall be limited to the growing of crops, raising of livestock and sale of livestock products as defined in § 301 of the New York Agriculture and Markets Law.

[Added 5-21-2008 by L.L. No. 2-2008; amended 1-15-2014 by L.L. No. 2-2014]

(4)

Wholesale plant nursery, provided that:

[Added 10-18-2006 by L.L. No. 2-2006]

(a)

The minimum lot area is five acres;

(b)

Any such use shall be located within the B Residential District and within 500 feet of New York State Highway 25A, which shall be the principal means of ingress and egress to and from the property;

(c)

Retail sales are prohibited;

(d)

Greenhouses, excepting temporary (with plastic removed annually no later than April 1, excepting unusual, adverse weather conditions, in which event any such plastic shall be removed by May 1) plastic over-wintering structures, are prohibited;

(e)

Accessory uses such as landscaping services and the display of sample landscaping materials are permitted, provided the landscaping service shall be an integral component of and not independent of the nursery business, shall be owned and operated by the same person or persons as operating the nursery and shall employ no more than five persons on the site, exclusive of no more than three part-time employees on the site and exclusive of seasonal workers who are primarily located off site, and provided further that the display of landscaping materials (not plants) shall be limited in area to 5,000 square feet; and

(f)

Any such use shall maintain a vegetated buffer of no less than 50 feet on all boundaries; however, if adjacent to the historical district of Route 25A, such use shall maintain a natural buffer of 200 feet and an historic buffer of 500 feet.

(g)

Any regular use of chemical pesticides, fungicides, fertilizers, or other agricultural chemicals shall be subject to review and approval by the Environmental Review Board or its designee and the Joint Coastal Commission.

(5)

Wireless communications towers and antennas, subject to the following:

[Added 7-18-2007 by L.L. No. 5-2007]

(a)

Definitions. As used in this subsection, the following terms shall have the meanings set forth below:

ALTERNATIVE TOWER STRUCTURE

Any man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior transmitting or receiving device, including dish antenna, mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers, or the public switched telephone network.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a certificate of occupancy or compliance or other Village approval has been properly issued prior to the effective date of this subsection, including permitted towers or antennas that have not yet been constructed, so long as such approval has not expired.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, television, radio and similar communications purposes, including self-supporting supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(b)

Applicability. The provisions of this subsection shall apply to all new towers and antennas, alternative tower structures, or any modification to existing towers or antennas, except as follows:

[1]

Amateur radio station operators/receive-only antennas. This subsection shall not govern any tower, or the installation of any antenna, that is under 32 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

[2]

Preexisting towers and antennas. Preexisting towers and preexisting antennas that comply with the current standards and regulations of the FAA, the FCC and any other authority regulating the operation of wireless communications are not required to meet the requirements of this subsection. Preexisting towers and antennas that do not meet applicable state and/or local building codes related to the maintenance and structural integrity of the structure may be subject to Subsection B(5)(c)[6] below.

[3]

Towers and antennas erected by a governmental or quasi-governmental body used exclusively for a governmental purpose shall be exempt from these regulations.

(c)

General requirements.

[1]

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. The Building Inspector shall make such determinations as appropriate. Notwithstanding the provisions of this Part 1 to the contrary, the erection of a tower shall not be precluded on a lot due to an existing nonresidential use occupying the lot.

[2]

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control.

[3]

Aesthetics. Towers and antennas shall meet the following requirements:

[a]

Towers shall either maintain a galvanized steel finish or, subject to any applicable standard of the FAA, be painted a neutral color to reduce visual obtrusiveness.

[b]

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

[c]

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

[4]

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to surrounding views.

[5]

State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA and the FCC. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subsection shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

[6]

Building codes; safety standards. In addition to all other applicable requirements, all new towers and antennas shall require a building permit. To ensure the structural integrity of the tower, the owner of a tower shall maintain the tower in compliance with standards contained in applicable state and/or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for removal of the tower or antenna at the owner's expense.

[7]

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of the wireless communications system in the Village have been obtained and shall file a copy of all required franchises with the Building Inspector.

[8]

Signs. No signs shall be allowed on an antenna or tower.

[9]

Building and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the setback requirements of this subsection.

(d)

Permitted uses; special exception uses.

[1]

All new towers and antennas, alternative tower structures or any modification to existing towers, antennas or tower structures shall require special use permission from the Village Board, except as follows:

[a]

The addition of antennas to a legally existing tower, provided that said antennas do not extend the height of the tower by more than 10 feet or require substantial structural modification to the tower. Dish antennas less than 36 inches in diameter shall not require special use review. The addition of antennas shall require the issuance of a building permit.

[b]

Structural modifications or reconstruction of a legally existing tower, provided that said modifications and reconstruction are in kind, with no increase in the height of the tower. A reconstructed tower shall not be relocated except to a more conforming location that is within 50 feet of its existing location. Such modifications or reconstruction shall require a building permit, except where the Building Inspector finds that the reconstruction materially changes the nature of the existing use, in which case the owner of the tower shall obtain special use permission from the Village Board.

[c]

Routine repairs and maintenance of a legally existing tower.

[d]

Towers or alternative tower structures incidental and accessory to an existing nonresidential use, provided that said tower or alternative tower structure does not exceed 35 feet in height.

[2]

Where special use approval is not required for a tower or an antenna, all applications for a building permit shall include certification that the tower and/or antenna complies with all applicable FCC and FAA regulations and all applicable state and/or local building codes.

(e)

Special conditions and safeguards.

[1]

General. In addition to the requirements of Article IX of this Part 1, the following provisions shall govern the issuance of special use approvals for towers or antennas by the Village Board:

[a]

In granting a special exception use, the Village Board may impose conditions to the extent that the Village Board concludes such conditions are reasonably necessary to minimize any adverse effect of the proposed tower on adjoining properties.

[b]

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

[c]

An applicant for a special use approval shall submit the information described in this section.

[2]

Wireless communications towers and antennas: information required. In addition to any information required for applications for special use approvals pursuant to Article IX, applicants for a special use approval for a wireless communications tower or antenna shall submit the following information:

[a]

A site plan drawn to a minimum scale of one inch equals 50 feet, indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Village Board to be necessary to assess compliance with this subsection.

[b]

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.

[c]

A landscape plan showing specific landscape materials.

[d]

Method of fencing, finished color and, if applicable, the method of camouflage and illumination.

[e]

A notarized statement by the applicant as to whether construction of the tower will structurally accommodate co-location of additional antennas for future users.

[f]

Identification of the entities providing the backhaul network for the tower(s) described in the application and other sites owned or operated by the applicant in the municipality.

[g]

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

[3]

Factors considered in granting special exception permission. In addition to the general requirements set forth in Article IX and any standards for consideration of special use applications set forth in this subsection, the Village Board shall consider the following factors in determining whether to issue special use approval:

[a]

Height of the proposed tower.

[b]

Proximity of the tower to residential structures and residential district boundaries.

[c]

Nature of uses on adjacent and nearby properties.

[d]

Surrounding topography.

[e]

Surrounding tree coverage and foliage.

[f]

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness and other potential environmental impacts.

[g]

Proposed ingress and egress.

[h]

Availability of suitable existing towers and antennas and other structures, or alternative technologies not requiring the use of towers or structures.

[4]

Availability of suitable existing towers and antennas, other structures, or alternative technology. No new tower or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Village Board that no existing tower or antenna or structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed tower or antenna. An applicant shall submit information requested by the Village Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

[a]

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

[b]

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

[c]

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

[d]

The applicant's proposed antenna would cause electromagnetic interference with the antenna on existing towers or structures, or the antenna on the existing tower or structure would cause interference with the applicant's proposed antenna.

[e]

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

[f]

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

[g]

The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

[5]

Setbacks. The following minimum setback requirements shall apply to all towers and antennas for which special exception permission is required:

[a]

Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line.

[b]

Guys and all other accessory buildings or structures must satisfy the minimum zoning district setback requirements.

[c]

The Village Board may reduce the aforementioned setbacks, provided that no existing or future residence is or can be located within proximity of such setback, no significant adverse impact to the surrounding properties will occur and the goals of this subsection can be achieved.

[6]

Security fences. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the Village Board may waive such requirements as it deems appropriate.

[7]

Landscaping. The following requirements shall govern the landscaping surrounding towers for which special exception permission is required:

[a]

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscape strip at least 25 feet wide outside the perimeter of the compound.

[b]

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may form a sufficient buffer.

[c]

The Village Board may reduce the aforementioned landscaping requirements, provided that no significant adverse impact to the surrounding properties will occur and the goals of the subsection can be achieved.

Permitted accessory uses.

(1)

Private garden house, toolhouse, playhouse, greenhouse, bathhouse, boat house and studio of an artist or musician, not used for commercial or public purposes.

(2)

Private swimming pool, tennis court or dock.

(3)

Private garages.

[Amended 5-18-2005 by L.L. No. 10-2005]

(4)

Temporary storage of a boat, house trailer, boat trailer, auto trailer, mobile house trailer or camper vehicle, provided that such vehicles are enclosed within a building or are screened from view by evergreen planting and are not used for any purpose.

(5)

Private stable for the housing of horses and other common domestic animals in A, A-1 and B Districts used exclusively by the owner of the main building, his household guests and employees, provided that the lot on which the stable is located shall have an area of at least two acres for one or two such animals and one additional acre for each additional animal and provided, further, that no manure shall be stored within 70 feet of any side or rear lot line or within 150 feet of any front lot line.

(6)

Customary home occupations and offices of an individual professional person such as a physician, surgeon, dentist, architect, lawyer, engineer, artist, musician or real estate or insurance agent when a partial use of the main dwelling, except that an artist or musician may use an accessory building.

(7)

Signs used on the same lot in conjunction with a permitted principal or accessory use not exceeding four square feet in area, provided that such signs do not have incandescent, luminescent or reflective letters, numbers or backgrounds. Such signs may display the street number, the names of the owner and place, the profession of a person practicing on the premises and such messages as "no trespassing," "no hunting" or "private road," but a "for sale" sign shall contain only a telephone number for inquiry purposes, and a lot identification sign in connection with new construction shall be without advertising content.[2]

[2]

Editor's Note: Original Section 411, Permitted uses for District C, which immediately following this section, was repealed 5-12-1990 by L.L. No. 3-1990.

(8)

One guesthouse in Districts A, A-1 and B only.

[Added 5-18-2005 by L.L. No. 10-2005]

(9)

Agricultural pursuits.

[Added 5-18-2005 by L.L. No. 10-2005]

		District
Dimension		A	A-1	B	B-1
Minimum lot area (acres):		2	2	1	20,000 square feet
Minimum front lot line or lines (feet):
	Main building	200*	150*	150*	90*
	* Or 90 continuous feet on the circumference of a turnaround in a subdivision approved by the Planning Board.
Minimum front yard (feet):
	Main building, guesthouse or accessory structure	100	75	100	40
Minimum side yard (feet):
	Main building, guesthouse or other accessory structure	55*	40	40	27**
	* For lots fronting on Stony Brook Harbor, it shall be 100 feet from the mean high-water line and 100 feet from the top edge of an adjacent bluff.
	** For a swimming pool in a B-1 District, the side yard setback shall be 15 feet with 60 feet the minimum total for two sides. The rear yard setback shall be 15 feet.
Minimum total of 2 side yards (feet):
	Main building, guesthouse or other accessory structure	110	85	85	60
Minimum rear yard (feet):
	Main building or guesthouse	75*	75	75	50
	Other accessory structure	45*	45	45	45**
	Modified setbacks for all buildings and structures A and A1 Zoning: The setbacks for a two-acre lot shall conform to the Zoning Code. The maximum setback for each additional acre for each yard shall increase by six feet. The maximum setback will be calculated for a ten-acre lot.
	* For lots fronting on Stony Brook Harbor, it shall be 100 feet from the mean high-water line and 100 feet from the landward edge of an adjacent bluff. [Amended 12-19-2001 by L.L. No. 3-2001]
	** For a swimming pool in a B-1 District, the side yard setback shall be 15 feet, with 60 feet the minimum total for two sides. The rear yard setback shall be 15 feet.
	All basements or other portions of a building wholly or partly underground constructed beyond the footprint of a building must comply with all applicable setbacks.

		District
Dimension		A	A-1	B	B-1
*Minimum floor area (square feet):
Main building, 1 story		2,250	2,250	2,250	2,250
Main building, more than 1 story
	Total floor area	2,750	2,750	2,750	2,750
	Ground floor area	1,750	1,750	1,750	1,750
Maximum height (feet):
(See definition of "height" of building or structure.)
	Main building or guesthouse	34	34	34	34
	Accessory building	28/18*	18	18	18
*Eighteen feet for lots of two acres or less, 28 feet for lots of greater than two acres.
Maximum floor area ratio (% of total lot area)
	Main building, 1 story	6%	6%	6%	6%
	Main building, more than 1 story	8%	8%	8%	8%
Floor area ratio is calculated by dividing the total floor area of the main structure by the total lot area, except in the B-1 District where it shall be calculated by dividing the total floor area of all structures by the total lot area.
Maximum floor area (feet):
(See definition of "floor area.")
	Guesthouse or studio	800	800	800	Not permitted
	Other accessory building	1,500*	1,500*	1,500	1,500
	* Seven hundred fifty square feet may be added for each acre of lot area over the minimum if a restriction is filed in the owner's chain of title to prevent further subdivision.