Village of Asharoken, NY
Suffolk County
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[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Editor's Note: This local law also repealed former Subsection F, regarding growing of crops, nurseries and greenhouses.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]
(1) 
Accessory building used as:
(a) 
A dwelling for servants and employees engaged in work upon the premises.
(b) 
A dwelling for members of the family of the resident occupant of the premises.
(c) 
A dwelling used as a guest cottage for guests of the resident occupant of the premises.
(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.
[2]
Editor's Note: See Ch. 42, Building Construction Administration.
(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.
(8) 
A special use permit issued for an accessory dwelling in accordance with § 125-7G(2) shall be for a one-year period, renewable for two successive one-year periods, as provided in § 125-39B.
[Added 8-5-2014 by L.L. No. 2-2014]
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]