[Amended 2-3-1964]
In A, B and C Residence Districts, the following
regulations shall apply.
No building or premises shall be used and no
building shall be erected or altered which is arranged, intended or
designed to be used except for one or more of the following specific
uses:
A.
Single-family dwellings.
[Amended 8-6-1984 by L.L. No. 5-1984]
B.
Subject to the issuance of a special use permit by
the Zoning Board of Appeals, clubs composed of residents of the Village,
except clubs the chief activity of which is a service customarily
carried on as a business.
[Amended 12-14-1987 by L.L. No. 2-1987]
C.
Subject to the issuance of a special use permit by
the Zoning Board of Appeals, churches and places of worship.
[Amended 12-14-1987 by L.L. No. 2-1987]
D.
Subject to the issuance of a special use permit by
the Zoning Board of Appeals, public schools, public libraries, public
buildings necessary for the use and occupancy by the Village for administration
purposes, public utilities and fire and police stations.
[Amended 3-17-1960; 12-14-1987 by L.L. No. 2-1987]
E.
Subject to the issuance of a special use permit by
the Zoning Board of Appeals, private schools, colleges, universities
and museums, but not including any summer camp or private school which
is not primarily devoted to the teaching of subjects which are normally
part of a regular academic curriculum.
[Amended 12-14-1987 by L.L. No. 2-1987]
F.
An accessory use. An "accessory use" is a use clearly incidental to and customarily found in connection with and subordinate to a permitted or specially permitted use of the premises. The term "accessory use" shall include the use of accessory buildings as defined under Article I, § 125-2 of this chapter.
[Amended 8-6-1984 by L.L. No. 5-1984; 12-14-1987 by L.L. No.
2-1987; 4-8-2005 by L.L. No. 2-2005[1]]
[1]
Editor's Note: This local law also repealed
former Subsection F, regarding growing of crops, nurseries and greenhouses.
G.
Additional accessory uses as follows, subject to the
issuance of a special use permit by the Zoning Board of Appeals:
[Added 8-6-1984 by L.L. No. 5-1984]
(2)
Part of main dwelling used for professional purposes.
(a)
Professional offices, studio or occupational
rooms that are part of the main dwelling, when such facilities are
being used by the resident occupant of the premises in the practice
of his or her profession.
(b)
A professional is a physician, surgeon, dentist,
lawyer, artist and other such professional as may be determined by
the Zoning Board of Appeals to be within the general category of professional
by reason of education, training and experience.
(c)
In determining professions permitted under this
subsection, the Zoning Board of Appeals shall find that the use of
the premises by the professional shall be compatible with the spirit
and intent of this chapter.
H.
Additional accessory uses shall be subject to the
following limitations:
[Added 8-6-1984 by L.L. No. 5-1984]
(1)
An accessory building shall not exceed the size of
the main dwelling.
(2)
Accessory buildings used for human habitation, whether
on a permanent or temporary basis, shall have a floor area not less
than 400 square feet on the ground floor.
(3)
Professional offices, studios or occupational rooms
of a professional shall not exceed 50% of the ground floor area of
the main dwelling.
(4)
The adult resident occupant of the main dwelling shall
apply to the Zoning Board of Appeals for a special use permit. If
the resident occupant is not the record owner of the premises, then
all of the record owners of the premises shall give written consent
to the resident occupant's application for a special use permit. The
special use permit, when granted, shall be issued in the name of and
for the benefit of the resident occupant; a special use permit shall
not run with the land.
(5)
The occupancy, in whole or in part, temporary or permanent,
of a permitted additional accessory use granted under a special use
permit, is not permitted and shall not begin until the resident occupant
applies for a building permit and a certificate of occupancy is issued
under this Zoning Ordinance and under the Building Administrative
Ordinance[2] and under the decision of the Zoning Board of Appeals
granting a special use permit.
(6)
Unless otherwise specified, the procedure to be followed
in obtaining a variance under this chapter, including fees to be paid,
shall be the same for an application for a special use permit.
(7)
To such other and further conditions as may be imposed
by the Zoning Board of Appeals as a condition to the granting of such
special permit.
I.
Additional accessory uses existing as of the date
of adoption of this chapter.
[Added 8-6-1984 by L.L. No. 5-1984]
(1)
Any additional accessory use permitted and existing
as of the date of adoption of this chapter may continue; subject,
however, to the conditions hereinafter set forth.
(2)
The resident occupant of premises which includes a
permitted additional accessory use under the existing chapter shall
be granted a special use permit, provided that the resident occupant
can demonstrate that the existing additional accessory use complies
with the terms and conditions of the existing chapter. If the Superintendent
of Buildings shall reject such application, the resident occupant
may then apply for a special use permit with the Zoning Board of Appeals.
[Amended 6-4-1990 by L.L. No. 2-1990; 12-6-1993 by L.L. No.
1-1993]
J.
Prohibited uses.
[Added 8-6-1984 by L.L. No. 5-1984]
(1)
The independent renting, leasing or hiring, including
the offer to rent, lease or hire an accessory building, in whole or
part, on a temporary or permanent basis, with or without compensation
for use and occupancy by a person or persons not a member, guest or
employee of the resident occupant family is prohibited.
(2)
The conversion of the main dwelling into separate
living units, with or without kitchen and cooking facilities, on a
temporary or a permanent basis, with or without compensation or payment
and the independent renting or leasing or hiring, including the offer
to rent, hire or lease the same, is prohibited.
K.
Farm operations.
[Added 10-6-2015 by L.L.
No. 3-2015]
(1)
Notwithstanding any other provision of this chapter, a "farm operation"
as defined in New York State Agriculture and Markets Law § 301(11)
shall be a permitted use on property located within an agricultural
district adopted by the County of Suffolk and certified by the Commissioner
of Agriculture and Markets pursuant to Article 25AA of the New York
State Agriculture and Markets Law, regardless of what zoning district
such property is located.
(2)
No property shall be used for a "farm operation" and no building or structure utilized or to be utilized in connection with a "farm operation" shall be constructed or altered without site plan review approval by the Board of Trustees in accordance with the provisions of New York State Village Law § 7-725-a and this Subsection K.
(3)
An application for site plan review shall be submitted on forms prepared
by the Village Clerk with the following documents:
(a)
Scaled site plan drawing of the property, showing boundaries
and dimensions of the property; identifying contiguous properties,
and any known easements, rights of way and roadways; showing the existing
features of the property, including land and water areas, water and
sewer systems; showing all existing buildings and structures on the
property and immediately adjacent to the property; showing the location
of the proposed building(s) and structure(s), means of ingress and
egress, parking and circulation of traffic; showing the proposed location
of specific land uses, such as pasture, crop fields, woodland, livestock
containment areas, riding trails and manure storage/manure composting
sites.
(b)
Scaled floor plans and elevation plans of proposed building(s)
and structure(s).
(c)
A description of the "farm operation" and a narrative of the
intended use of the land and the proposed building(s) and structure(s).
(4)
Upon the filing with the Village Clerk of an application for site
plan review and upon deposit and payment of the cost of advertising
and payment of an application fee, in an amount to be determined from
time to time by resolution by the Village Board, the Village Clerk
shall fix a time and place for a public hearing thereon. The Village
Clerk shall mail notice of such hearing to the applicant and shall
give public notice of such hearing in a newspaper of general circulation
in the Village at least five days prior to the date thereof.
(5)
Site plan applications shall be reviewed for the following standards:
(a)
Overall impact on the neighborhood, including, but not limited
to, compatibility of design considerations and adequacy of setbacks
and screening from adjacent properties.
(b)
Adequacy of the site plan to avoid a negative impact on the
health, safety and general welfare of the public, including, but not
limited to, noise and odors.
(c)
Adequacy of the site plan to mitigate the impact of traffic
on surrounding streets.
(d)
Adequacy of drainage systems to contain stormwater on the property.
[Amended 2-3-1964; 9-6-1994 by L.L. No. 4-1994]
Except as otherwise required in B and C Residence Districts, on a lot bounded by the shore of either Long Island Sound, Northport Bay or Duck Island Harbor and bounded or intersected by a road or highway, no new building of any kind shall be erected less than 10 feet from the line of an adjoining lot owned by another person or less than 15 feet from the high-water mark of Long Island Sound, Northport Bay or Duck Island Harbor or less than 50 feet from said road or highway, excluding, however, the construction of walkways or ramps when said walkway or ramp is part of the construction required to allow the recipient of a permit, issued by the Village Board of Trustees pursuant to Article IVA of this chapter, access to a permitted dock.
No lot area shall be so reduced that the dimensions
of any of the open spaces shall be smaller than herein prescribed.
A.
In the residence districts, no main buildings shall
be constructed, altered, enlarged, extended, reconstructed or raised
so as to contain more than three stories or as to exceed in any part
a height of 40 feet. In said A Residence Districts, no accessory building
shall be constructed, altered, enlarged, extended, reconstructed or
raised so as to contain more than one story or so as to exceed in
any point a height of 24 feet, and in said B or C Residence Districts,
more than two stories or so as to exceed in any part a height of 30
feet.
[Amended 2-3-1964; 1-7-2008 by L.L. No. 1-2008]
B.
The limitation as to height shall not apply to chimneys
or to flag poles.
[Amended 6-4-1990 by L.L. No. 2-1990; 12-6-1993 by L.L. No.
1-1993]
[Added 12-1-2020 by L.L. No. 3-2020; amended 3-2-2021 by L.L. No. 2-2021]
A.
Permit procedure.
(1)
No fence shall be erected, constructed or altered until a permit
has been issued by the Superintendent of Buildings, upon submission
and approval of the following:
(a)
Application form;
(b)
Except as provided in Subsection F hereof, a survey of the property line(s) along which the fence is to be located or from which it is to be set back and the location of the proposed fence;
(c)
Fence detail drawing;
(d)
Application fee; and
(e)
For fences, other than deer fences which are at least 95% transparent,
located seaward of any house in Zone A on the north or south side
of Asharoken Avenue, from Village Hall to Bevin Road, that exceed
four feet in height, a special use permit from the Board of Zoning
Appeals in accordance with § 125-11D.
(f)
If a fence is to be located on top of an existing bulkhead,
a photograph of the bulkhead may be submitted in lieu of a survey.
(2)
Upon completion of the erection, construction or alteration
of the fence, a certification of completion shall be issued by the
Superintendent of Buildings upon:
(a)
The Superintendent of Buildings' inspection and determination
that the fence has been erected, constructed or altered in accordance
with the approved plans and specifications; and
(b)
Submission to the Superintendent of Buildings of an affidavit
of the property owner certifying that the owner is familiar with the
location of the owner's property lines and the fence does not
encroach onto adjacent properties.
(3)
The term "fence" includes fences of all types and materials, except living fences which are subject to the regulations set forth in § 125-10.2 and pool fences which are subject to the regulations set forth in § 125-32. The term "fence" includes walls of all types and materials, except retaining walls. Walls require a building permit in addition to a fence permit.
(4)
A permit shall be effective to authorize the commencement of
work in accordance with the approved application and plans for a period
of six months after the date of issuance.
B.
Fence regulations.
(1)
No fence, except deer fences, shall exceed a height of 6.5 feet
from the existing grade at the base thereof. Deer fences which are
at least 95% transparent shall not exceed a height of eight feet from
the existing grade at the base thereof.
(2)
A fence located in a front yard must be set back at least 10
feet from the paved portion of any street.
(3)
A fence shall be constructed with a finished side facing any
adjoining property or a street. No supports, posts or bracing shall
be placed on the same side of the fence which faces adjoining property
or a street. A double-sided fence (same on both sides) utilizing in
line posts is permitted. A chain link fence and a deer fence must
be screened from view by landscaping when facing a street.
(4)
Barbed wire, concertina wire or similar or other pointed or
sharp-edged wire or posts which could cause injury to persons or animals
is not permitted.
(5)
A fence is not allowed on any beach, except a wood lath snow
fence not exceeding four feet in height running parallel to the water,
for which no permit is required.
(6)
A fence, including a wood lath snow fence, is not allowed in
any wetlands on the bay side or on the sound side on the vegetated
dune, including beach lots from 296 through and including 516 Asharoken
Avenue.
(7)
A fence shall be maintained in a sound structural condition
and in good repair.
C.
Nonconforming fences.
(2)
A nonconforming fence shall not be extended, enlarged or moved,
except in conformity with the provision of this section.
(3)
Unless in a state of disrepair, a nonconforming fence shall
not be altered or replaced.
(4)
A nonconforming fence in a state of disrepair may be repaired
or replaced in kind, provided such repair or replacement does not
affect more than 50% of the existing linear length of the fence over
the period of two years.
D.
Special use permit.
(1)
Fences other than deer fences which are at least 95% transparent, located seaward of any house in Zone A on the north or south side of Asharoken Avenue from Village Hall to Bevin Road, that exceed four feet in height require a special use permit from the Board of Zoning Appeals in accordance with the procedure set forth in Article VII of Chapter 125.
E.
Agricultural district.
(1)
For property located within an agricultural district, the provisions of this § 125-10.1 shall not be applicable to:
(2)
The term "agricultural district" means an agricultural district
adopted by the County of Suffolk and certified by the Commissioner
of Agriculture and Markets pursuant to Article 25AA of the New York
State Agricultural and Markets Law.
F.
Penalties for offenses. Upon conviction thereof, any person or legal
entity violating any provision of this section shall be subject to
a fine of not more than $250 for each offense.
[Added 12-1-2020 by L.L. No. 3-2020; amended 3-2-2021 by L.L. No. 2-2021]
A.
Definition. The term "living fence" means any tree or shrub, including,
but not limited to, privet, arborvitae, boxwood, willow, juniper,
holly, skip laurel and similar trees and shrubs planted along or parallel
to a property line for privacy.
B.
Living fence regulations.
(1)
Living fences shall be planted and maintained a sufficient distance
from the property line to prevent encroachment onto the adjacent property.
(2)
A living fence located seaward of any house in Zone A on the
north or south side of Asharoken Avenue, from Village Hall to Bevin
Road, shall not exceed the height of four feet.
C.
Nonconforming living fences.
(2)
Except as provided in Subsection C(3), unless diseased or dead, a nonconforming living fence shall not be replaced.
(3)
A nonconforming living fence that is diseased or dead may be
replaced in kind, provided such replacement does not affect more than
50% of the existing linear length of the living fence over the period
of two years.
D.
Penalties for offenses. Upon conviction thereof, any person or legal
entity violating any provision of this section shall be subject to
a fine of not more than $250 for each offense.
