[Added 3-20-2019 by L.L.
No. 1-2019]
A.
BED-AND-BREAKFAST ESTABLISHMENT
GUESTS
HOST/HOSTESS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An owner-occupied building designed, used and occupied as
a single-family residence, managed by the property owner and having
bedroom accommodations and breakfast provisions served in the host's
private dining room or kitchen for those accommodated as paying guests
who are referred to, for purposes of this section, as "guests."
Person(s) who pay to stay overnight at the bed-and-breakfast
establishment.
Owner and occupant of the bed-and-breakfast establishment.
B.
Location. A bed-and-breakfast may be established in an existing single-family
residence located on or adjacent to North Country Road.
C.
Permit required; application; issuance. A permit for a bed-and-breakfast
shall be a special permit issued upon application to the Board of
Trustees and completion of a public hearing conducted in accordance
with the provisions of this section. Any application fee shall be
fixed by resolution of the Board of Trustees.
D.
Conditions. A special permit shall be granted upon satisfaction of
the following:
(1)
The premises shall be the primary residence of the owner/host.
(2)
Any special permit issued hereunder shall have a duration of
one year.
(3)
In no event shall there be more than four guest bedrooms, and
occupancy is limited to two persons per guest bedroom.
(4)
The applicant shall demonstrate compliance with all state and
local health, electrical, fire, building, sanitation and maintenance
codes applicable to the bed-and-breakfast use.
(5)
Each guest room shall have one or more windows allowing emergency
egress.
(6)
A smoke and carbon monoxide alarm shall be installed and maintained
in each guest room and on each floor.
(7)
Required on-site parking shall be one space per guest room plus
two spaces.
(8)
Only one sign not exceeding two square feet may be installed
at the premises.
(9)
No cooking facilities are permitted in a guest room.
(10)
Occupancy for any guest is limited to seven nights.
E.
Renewal. Any special permit for a bed-and-breakfast establishment
may be renewed for successive one year periods provided any such renewal
shall require a public hearing and a report of an inspection of the
Building Inspector addressing current compliance with all applicable
conditions.
[Amended 10-16-1976 by L.L. No. 3-1976; 2-9-1991 by L.L. No. 4-1991]
An unroofed, paved terrace, if it has no wall or railing more than three feet high, may project 15 feet into any yard required under § 165-25. A porch which is enclosed or which has a roof shall be considered part of a building in determining the size of a yard.
[Amended 12-19-2001 by L.L. No. 1-2001]
A.
Structural. The yard requirement of this Part 1 shall
not be deemed to prohibit any necessary terracing or retaining walls
used as structural support, provided such necessary terracing or retaining
wall shall not exceed seven feet in height in any required yard, and
further provided that the face of the masonry walls shall be limited
to natural stone or brick. The finished side of any wall within 40
feet of a lot line shall face the adjoining property or street.
B.
Landscaping. The yard requirements of this Part 1
shall not be deemed to prohibit terracing or retaining walls used
with landscaping, or any fences, provided such terracing or retaining
wall or fence shall not exceed four feet in height in the front yard
of any lot, nor six feet in height in any other yard. The finished
side of any fence or wall within 40 feet of a lot line shall face
the adjoining property or street.
C.
Construction of such terracing, retaining, landscape
walls or fences shall be subject to the review and approval of the
appropriate Board, which may modify the above height requirements
for fences.
D.
In all events, fences shall be constructed of wood
or other natural materials, except that fences consisting of plastic,
vinyl, polymer or similar synthetic materials, concrete and/or chain
link are permitted if the Board of Architectural Review makes specific
findings that any such fence is neither reflective nor conspicuous
for its synthetic qualities, that any such fence is not shiny, that
any such fence avoids any institutional or commercial appearance,
and that any such fence maintains a residential character and if deemed
appropriate by the Board of Architectural Review any such fence shall
be screened with sufficient plantings to conceal a substantial portion
wherever deemed appropriate to the specific location and setting of
such fence.
[Added 3-21-2007 by L.L. No. 1-2007]
At any street or driveway intersection in any
district, no fence, wall or other structure or planting more than
three feet in height shall be erected, placed or maintained within
the triangle area formed by the intersecting street lines and a straight
line joining said street lines at points which are 75 feet distant
from the point of intersection, measuring along said street lines.
The height of three feet shall be measured above the road surface
at the nearest edge of the road. The provisions of this section shall
not apply to existing trees, provided that no branches are closer
than eight feet to the ground.
The height limitations of this Part 1 shall
not apply to steeples, cupolas, chimneys or similar features, nor
shall they apply to necessary mechanical appurtenances usually carried
above the roof level, provided that they shall be erected only to
such height as is necessary to accomplish the purpose they are intended
to serve.
A.
Spilloffs and drainage from any swimming pool shall
not be permitted to flow onto adjacent property, including streets.
B.
Swimming pools shall be securely enclosed by walls
or suitable protective fencing at least four feet in height, which
may enclose the whole or part of the entire lot and which shall have
self-closing gates and latches.
[Amended 5-12-1990 by L.L. No. 3-1990]
Except as provided in § 165-23B(1) and (2), the use of any existing land or buildings or the construction of new buildings for any recreational, educational, health or welfare purpose, whether operated independently or by private groups or organizations or by or in conjunction or association with any public or municipal agency, is prohibited.
No person or persons shall provide living accommodations
within the Village limits for a group of three or more occasional,
seasonal or transient agricultural or other laborers unless and until
written permission therefor is granted by the Village Board.
[Added 4-26-1980 by L.L. No. 2-1980;
amended 10-23-1988 by L.L. No. 1-1982]
The use of artificial lighting to illuminate
outdoor play or activity areas of commercial recreational facilities
or tennis courts which are permitted accessory uses to one-family
dwellings or permitted special uses is prohibited.
[Added 4-18-2007 by L.L. No. 2-2007]
The installation, use and/or maintenance of
outdoor wood-fired boilers is prohibited in all zoning districts.
[Added 8-18-2010 by L.L. No. 6-2010]
A.
Findings and purpose. Unregulated construction of private docks giving
access to Stony Brook Harbor is not compatible with the conservation
and preservation of Stony Brook Harbor as an unspoiled embayment and
prime wildlife habitat of statewide significance, as undertaken by
the Village of Head-of-the-Harbor in its Coastal Management Plan pursuant
to its Local Waterfront Revitalization Program.
B.
CATWALK
FLOAT
PIER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any stand-alone structure or an element of a structural assembly
that includes stairs, a ramp, and a float, that provides access from
the upland, through or across a vegetated or unvegetated tidally influenced
area in Stony Brook Harbor.
Any platform floating upon and rising and falling with the
tides, to which a vessel is commonly moored, docked or otherwise attached.
Any structure providing access to the waters of Stony Brook
Harbor from land located within the Village of Head-of-the-Harbor,
whether such pier was constructed for access by boat, for boat launching,
for swimming, for fishing or for any other use, recreational or otherwise.
C.
Applicability. The regulations provided in this section apply to
docks owned or built by individuals, corporations, clubs, cooperatives
or any other agency. Cooperative construction and/or use by neighbor
landowners is encouraged as a means of reducing the number of intrusions
into Stony Brook Harbor and of mitigating adverse impact upon wildlife
habitat areas.
D.
Design and location.
(1)
Docks shall be designed to reduce obstacles to navigation and
to public use of the water to which they give access.
(2)
Docks shall be constructed in a location and in a manner which
avoids the need for dredging and which in no way interferes with navigability.
(3)
Docks shall be designed and constructed so that they do not
impede the movement of water within Stony Brook Harbor nor interfere
with the functioning of Stony Brook Harbor as a prime wildlife habitat
and nesting area.
(4)
A pier must have a catwalk that provides a minimum clearance
of four feet above the soil surface of marsh in vegetated areas to
allow sunlight to reach ground and a maximum clearance of five feet
above the soil surface. In unvegetated areas the catwalks are not
to be elevated more than two feet above the beach or shoreline proper
to avoid having the visual effects of elevated structures, but should
be at least a few inches above the substate. To limit interference
with public access to the shore, the catwalk must allow passage under
it or have steps on either side for passage over it. The float sections
attached to the catwalk shall be constructed in such a manner so that
the sections do not rest upon the bottom lands.
(5)
Access to a dock must not encroach upon or disrupt a tidal wetland
or marsh.
(6)
Expanded or reconstructed docks must comply with all regulations
applicable to new docks.
(7)
Floats shall only be permitted in those locations where the
rising and lowering of such floats will not have a significant impact
upon vegetation, wildlife or wildlife habitat.
(8)
The pier, including floats and catwalks, in no case may exceed
75 linear feet seaward from the mean high water line, nor may the
width exceed four feet. In no case may the seaward end of a pier extend
beyond the point where the mean low water depth at such point exceeds
two feet.
(9)
All floats are to be removed from the water during the months
of November through March and stored onshore in such manner to avoid
damage to wetlands and shoreline vegetation.
E.
Materials. Materials for use in pier construction or repair must
be of a type that has been approved by the Department of Environmental
Conservation of the State of New York.
F.
Village permit requirements.
(1)
A building permit must be obtained for the construction, reconstruction
or expansion of a dock. Minor repairs entirely above the high-tide
water level (e.g., docking) do not require a building permit but must
be done with approved materials only.
(2)
A design plan must be submitted with the application for a building
permit which includes specifications for all materials and which indicates
the exact location of the proposed structure and the access to it
from the land.[1]
[1]
Editor’s Note: Former Subsection F(3), which required
that the Environmental Conservation Board be notified of an application
for a building permit for a dock, and which immediately followed this
subsection, was repealed 4-15-2015 by L.L. No. 1-2015.
G.
State permit requirements. Permits for building actions in tidal
wetland areas are issued by the Department of Environmental Conservation
of the State of New York. State permit requirements are not affected
by this section, and no dock may be erected within the Village of
Head-of-the-Harbor for which state requirements have not been met.
The obtaining of a permit from the Department of Environmental Conservation
shall not be a substitute for a village permit issued in conformity
with this section.
H.
Removal. Any dock constructed, reconstructed or extended after the
passage of this section which does not conform to the provisions of
this section shall be removed.
[Added 8-19-2020 by L.L. No. 4-2020]
A.
All
construction projects that increase the total area of impervious surfaces
on a lot shall include on-site stormwater retention/detention facilities
to accommodate a three-inch rainfall.
B.
All
construction projects that increase the total area of impervious surfaces
on a lot by 750 square feet or more, including, but not limited to,
the construction of new homes, additions, accessory structures, patios,
and driveways, shall be referred to the Planning Board for site plan
approval.
[Added 8-19-2020 by L.L. No. 4-2020]
A.
Purpose. The purpose of this section is to assure the sound design
and proper maintenance of driveways and curbs installed in the Village,
with particular emphasis on protection of the environment, stormwater
runoff, and pedestrian and vehicular safety.
B.
CURB
DRIVEWAY
SHOULDER
STREET
Definitions. For purposes of this section, the following terms shall
have the following specified meanings:
A border along the edge of a driveway or street which may
serve to restrain and/or control driveway improvements and water runoff.
A travelled way designed primarily for vehicular traffic
leading from a street to a residence, garage, or other building. Driveway
aprons and curb cuts shall be considered part of a driveway.
The portion of a street that lies between the paved portion
of the street and adjoining property lines.
A public or private right-of-way.
C.
Driveway and curb permit required.
D.
Site plan approval required. The Building Inspector shall review
all applications for driveway and curb permits. If an application
seeks to i) construct a new driveway, ii) relocate or reconfigure
an existing driveway, or iii) increase the driveway area by 750 square
feet or more, the Building Inspector shall refer the application to
the Planning Board for site plan approval. Site plan approval shall
not be required for the reconstruction or resurfacing of an existing
driveway in the same location or the reconstruction of an existing
curb that was previously approved by the Village or is a legal nonconforming
structure.
E.
Standards.
(1)
Limitation on number of curb cuts. Each residential building
lot in the Village shall have no more than one curb cut.
(2)
Location of driveways. Driveways shall not be located within
a required buffer area, except for that portion of the driveway that
connects the street with the balance of the driveway.
(3)
Width and location of curb cuts. The width of a curb cut shall
not exceed 22 feet. No curb cut shall be located less than 40 feet
from the paved portion of any street intersection.
(4)
Stormwater runoff. New, enlarged, modified and reconfigured driveways and curbs that increase the total area of impervious surfaces on a lot must provide on-site stormwater retention/detention facilities in accordance with § 165-34.3 of this chapter. Driveways and curbs that channel and/or redirect stormwater runoff to or from adjacent streets or properties are strictly prohibited.
(5)
Pavement. That portion of a driveway and/or apron within two
feet of the edge of the paved street or 12 feet of the center line
of the paved street, whichever distance is less, shall be paved in
a manner that complies with the construction specifications approved
by the Village Engineer.
(6)
Entry gates, gate posts and driveway piers. Entry gates, gate
posts and driveway piers shall not exceed seven feet in height, measured
from the natural grade, and shall be set back from the paved portion
of any street as follows:
(7)
Structures prohibited in rights-of-way: No entry gates, gate
posts or driveway piers shall be constructed or installed within the
right-of-way of a public road or a private road open to the public.
[Added 8-19-2020 by L.L. No. 4-2020]
A.
PORTABLE STORAGE UNIT
Definitions. For purposes of this section, the following terms, phrases
and words shall have the following meanings:
Any portable container, receptacle, or device of a type commonly
used for the temporary storage of personal property and other matter.
The term shall include, but not be limited to, trailers, shipping
containers, portable on-demand storage unit (PODS®) and other similar containers.
B.
Permit required.
(1)
No person shall place a portable storage unit on any property
in the Village without a written permit from the Village Clerk.
(2)
If a property in the Village has one or more portable storage
units on it as of the effective date of this section, the owner and/or
occupant of that property shall obtain a permit therefor within 90
days of the effective date hereof or shall otherwise remove the portable
storage unit(s) from the property. Failure to comply with this provision
shall constitute a violation of this chapter.
C.
Application; fee.
(1)
An applicant seeking a permit to place a portable storage unit
on his or her property must submit an application, on a form provided
by the Village Clerk, which shall include, but not be limited to,
the following information:
(a)
Name and address of the applicant;
(b)
Name and address of the supplier of the portable storage unit;
(c)
The address of the property where the portable storage unit
will be located;
(d)
The intended use for the portable storage unit;
(e)
A description or diagram of the location where the portable
storage unit will be placed on the property;
(f)
A physical description of the portable storage unit, including
its approximate physical dimensions; and
(g)
The dates when the portable storage unit will be placed on the
property.
(2)
Applications for a permit to place a portable storage unit shall
be accompanied by a fee in an amount established from time to time
by the Board of Trustees.
D.
Duration; extensions.
(1)
Permits to place a portable storage unit shall be granted for
a period of up to 30 consecutive days. Each property in the Village
is limited to a maximum of two permits per calendar year, and a minimum
of 15 days shall elapse between the end of one permit period and the
beginning of another.
(2)
Prior to the expiration of the original thirty-day permit period,
a permit may be extended for one additional thirty-day period for
good cause shown.
(3)
Where a valid building permit exists for the property, multiple
thirty-day permit extensions may be granted for good cause shown and
upon payment of an extension fee. In no event shall the duration of
a permit, including any and all extensions, exceed more than one year
from the date of the original permit.
(4)
All applications for a permit extension shall be accompanied
by an extension fee in an amount established from time to time by
the Board of Trustees.
E.
General conditions.
(1)
No more than one portable storage unit shall be located on a
property, except that up to two portable storage units may be placed
on a property for which a valid building permit exists.
(2)
Portable storage units shall be limited to a maximum size of
nine feet in height, 10 feet in width or 20 feet in length.
(3)
No portable storage unit shall be located on any public or private
street or right-of-way or within a required buffer area.
(4)
The applicant, as well as the supplier, shall be responsible
for ensuring that the portable storage unit is installed and maintained
in a good and safe condition, free from evidence of deterioration,
weathering, discoloration, graffiti, rust, ripping, tearing or other
holes or breaks, or in any way which might create a hazard to the
general public or an unsightly condition on the property.
(5)
All portable storage units shall be conspicuously marked with
the name, address and telephone number of the supplier and have affixed
thereon a copy of the written permit authorizing the placement of
the portable storage unit on the property.
(6)
No portable storage unit shall be used for habitable purposes
or to store solid waste, construction debris, demolition debris, recyclable
materials, business inventory, commercial goods, goods for use other
than at the property where the portable storage unit is located (i.e.,
used for retail sales) or any other illegal or hazardous material.
Upon reasonable notice to the applicant, and with the applicant's
consent, or pursuant to a warrant, the Village may inspect the contents
of any portable storage unit at any reasonable time to ensure that
it is not being used for any prohibited purpose.
(7)
A portable storage unit that is not removed at the end of the
time for which permission has been granted shall be deemed to be an
illegal structure and may be removed by the Village, upon reasonable
notice, and the costs and expenses thereof shall be certified to the
Board of Trustees, which Board shall then assess such costs and expenses
against the property on which the portable storage unit was located,
which costs shall be collected and enforced in the same manner as
real property taxes.
F.
Revocation of permit. If the applicant or supplier fails to comply
with the requirements for the placement and use of portable storage
units, the Village Clerk may revoke the permit. Upon revocation of
the permit, the portable storage unit shall be removed from the property
within three business days.
