[Amended 3-20-1987 by L.L. No. 1-1987]
No land, building or structure, or any part thereof, within
the incorporated limits of the Village of Quogue, New York, and no
waters within or outside of said limits under the jurisdiction of
said Village shall be used or permitted to be used for any of the
following uses or purposes in any manner or in any degree whatsoever,
permanently or temporarily, by anyone whomsoever, including the allowing
of any of the following conditions to exist or continue:[1]
A.
Placing, depositing or disposal of human excretion, sewage, garbage,
rubbish, junk, oil, acid, nauseous, noxious or obnoxious matter or
other refuse underground, except that human excretion and sewage may
be deposited underground in a cesspool or septic tank as authorized
by the Suffolk County Department of Health.
B.
A public or private sanitarium, asylum, institution, hospital or
home for the housing, care or education of demented, criminal, wayward,
immoral or incompetent persons or of persons afflicted with any contagious
or infectious disease.
C.
A kennel, hospital, home, farm, coop, yard or other structure or
enclosure for the raising, breeding, care, housing or maintaining,
for commercial purposes, of horses, cows, sheep, dogs, cats, reptiles,
ducks, chickens or any other animals, fowls or birds, either domestic
or wild. Nothing herein shall prohibit the care of wild birds or fowls
by the Quogue Wildlife Sanctuary. Nothing herein shall prohibit office
and facilities for veterinarian use when authorized by the Board of
Trustees as a special exception use in the Light Industry LI-1 or
LI-2 District.
[Amended 3-19-2004 by L.L. No. 1-2004]
D.
Operating, conducting or maintaining any business, industry or other
affair or enterprise which emits any noxious, nauseous, injurious,
polluting or other offensive or obnoxious smoke, dust, odor, gas,
fumes, residue, liquid or noise.
E.
A slaughterhouse or slaughter establishment.
F.
A brewery, distillery, ice manufactory, foundry, manufacture or storage
or sale of explosives, wholesale manufactory of any material, wholesale
gasoline or oil or coal or lumber or building material or any other
wholesale commodity storage or commercial yard or establishment, other
than a vegetable, fodder, flower, shrubbery or tree nursery or farm.
G.
A public saloon for the sale and drinking on the premises of any
alcoholic liquor. Nothing herein shall prohibit, however, the maintaining
of a bar or a service bar in connection with the operation of a bona
fide restaurant, hotel or club, for the sale at retail of alcoholic
liquor for consumption on the premises in accordance with the Alcoholic
Beverage Control Law of the State of New York.
H.
A mobile home, recreational vehicle, house trailer, houseboat, boat
and commercial vehicle when the same are used as a residence; and
the parking or storage of such items on premises in all residence
districts except in the rear yard.[2]
I.
Conditions which will in any manner alter the essential character
of the locality.
K.
[4]Any new overhead utility service line from a street to
a lot for new utility service. It is the intent of this provision
that any new utility service line from a street to a lot for new utility
service shall be installed underground.
[Added 4-19-2001 by L.L. No. 3-2001]
L.
A transient rental property.
[Added 3-25-2016 by L.L.
No. 2-2016]
M.
If a one-family dwelling is rented, the entire dwelling must be rented
and occupied for such purpose. Rental to and the use and occupancy
by a person of less than all of a one-family dwelling is prohibited.
[Added 3-25-2016 by L.L.
No. 2-2016]
|
Notwithstanding the foregoing, the Board of Trustees may, upon application of the owner or owners of a one-family dwelling, grant an exception in a particular case to the prohibitions effected by Subsections L and M above in order to facilitate a special event held in or nearby the Village of Quogue that is being given by a Village resident or a not-for-profit organization based in or operating in the Village.
[Added 3-25-2016 by L.L.
No. 2-2016] |
[1]
Editor's Note: Provisions relating to hazards to health, safety, morals or general welfare and to fire hazards, which followed as part of the restricted uses in L.L. No. 4-1984, as originally adopted, may be found in Art. IV of Ch. 123, Peace and Good Order, and Art. II of Ch. 73, Building Construction and Fire Prevention, respectively.
Nothing in this chapter shall or shall be intended to prohibit food, fodder, flower, plant or tree farming in the Residence A-3, A-4, A-5, A-7, A-8, A-9 and Business B-1 and B-2 Districts and Light Industry LI Districts as long as any such farming or abandoned crops thereof shall not violate any of the provisions of Article IV of this chapter.
Public utility buildings or structures and buildings or structures
of radio communications media which are subject to regulation by state
or federal authorities may be permitted in any district, if approved
by the Board of Trustees, upon a finding of such Board that such buildings,
structures and installations will not be detrimental to the character
of the neighborhood and will promote the health, safety or general
welfare of the Village. The area and other dimensional requirements
of this chapter may be varied by the Board of Trustees when granting
such application. If and when approved, the Board of Trustees may
impose reasonable restrictions designed to promote the health, safety
or general welfare of the Village and to preserve the general purposes
and intent of this chapter. Before granting any such approval, the
Board of Trustees shall hold a public hearing upon the question and
at least 10 days' notice thereof shall be published in the official
newspaper.
[Added 10-16-1987 by L.L. No. 12-1987]
A.
A dish antenna (an antenna for the reception of television satellite
signals) shall be deemed a structure and shall be subject to the provisions
of this chapter relating to structures.
B.
A dish antenna may be installed and maintained on a lot in any district
as an accessory use for purposes customarily incidental to the principal
use conducted on the lot, provided that:
(1)
The diameter of such dish antenna shall not exceed 8 1/2
feet.
(2)
Such dish antenna shall be a mesh dish antenna.
(3)
Such dish antenna shall be mounted on the ground.
(4)
Such dish antenna shall be installed in conformity with the
provisions of this chapter relating to accessory structures.
(5)
Such dish antenna shall be installed at the location approved
by the Board of Appeals.
(6)
The height of such dish antenna shall not exceed the height
approved by the Board of Appeals.
(7)
Landscape screening for such dish antenna, approved by the Board
of Appeals, shall be installed and maintained.
C.
No building permit shall be issued for a dish antenna unless and
until the location and height thereof and landscape screening therefor
shall have been approved by the Board of Appeals. The plans submitted
with an application for approval by the Board of Appeals shall include
a site plan showing the proposed location and proposed height and
a landscape plan showing the proposed screening.
D.
In determining whether to approve or disapprove the proposed location,
height and landscape screening, the Board of Appeals shall consider
the following standards:
(1)
The dish antenna shall be installed at a location which minimizes
or avoids to the maximum extent practicable the adverse visual and
aesthetic impact of the dish antenna on adjoining properties, adjacent
streets and the neighborhood, consistent with the need to receive
adequate signal reception and economic considerations.
(2)
The height of the dish antenna shall not exceed a height which
minimizes or avoids to the maximum extent practicable the adverse
visual and aesthetic impact of the dish antenna on adjoining properties,
adjacent streets and the neighborhood, consistent with the need to
receive adequate signal reception and economic considerations.
(3)
Landscape screening shall be provided which minimizes or avoids
to the maximum extent practicable the adverse visual and aesthetic
impact of the dish antenna on adjoining properties, adjacent streets
and the neighborhood, consistent with the need to receive adequate
signal reception and economic considerations.
(4)
The Board of Appeals may impose conditions and safeguards in
order to maintain the stability and character of the neighborhood
to the extent practicable, consistent with the need to receive adequate
signal reception and economic considerations.
E.
A dish antenna having a diameter of less than two feet shall be exempt
from the requirement of obtaining a building permit, the requirement
of obtaining approval from the Board of Appeals with respect to location,
height and landscape screening, the requirement of being a mesh dish
antenna and the requirement of being mounted on the ground, provided
that such dish antenna (having a diameter of less than two feet) shall
be installed at a location on the lot in conformity with setback requirements
applicable to accessory structures.
[Added 6-18-1998 by L.L. No. 3-1998]
The illumination by artificial light of outdoor tennis courts,
paddle tennis courts, baseball fields, softball fields and like sports
facilities, public or private, is hereby prohibited. This prohibition
shall not apply to private outdoor swimming pools which may have lighting
which is not elevated more than one foot above the top of the swimming
pool structure.
[Amended 3-18-2022 by L.L. No. 2-2022]
A.
It is
the intent of this section that the main residence building shall
be erected or reconstructed in conformity with the provisions relating
to the district in which situated or to be situated, before or simultaneously
with the erection or reconstruction of any other structures on any
plot or parcel of land.
B.
However, if there are two contiguous, conforming residential lots in common ownership (as defined below), only one of which has a one-family dwelling on it (herein, the “residence lot”), an accessory structure or structures permitted under § 196-13B may be constructed on the other lot (the “nonresidence lot”) as long as all the applicable permits required by this chapter or otherwise are obtained and the owners of the residence lot and the nonresidence lot demonstrate to the Zoning Administrator that:
(1)
The
accessory structure will be located in a conforming location on the
nonresidence lot;
(2)
There
will be, after the accessory structure is completed, sufficient buildable
area on the nonresidence lot to construct a conforming one-family
residence;
(3)
So
long as the nonresidence lot does not have a one-family dwelling on
it, vehicular access to the nonresidence lot will be solely through
the residence lot; and
(4)
The
residence lot and the nonresidence lot have common ownership.
C.
The term
“common ownership” shall mean that actual control and
beneficial (economic) ownership of both the residence lot and the
nonresidence lot are held directly or indirectly by the members of
the same family (although the legal title of the lots may be in separate
names). The term “family” means parents, their lineal
descendants and their respective spouses.
D.
In the
event that the residence lot and the nonresidence lot cease to be
in common ownership for any reason, the use of the accessory structure
or structures on the nonresidence lot shall cease forthwith, and such
structure or structures shall be removed after six months (except
a bulkhead need not be removed) unless within such period the owner
of the nonresidence lot obtains a building permit for a one-family
residence and promptly commences and thereafter completes construction
thereof. Upon issuance of a certificate of occupancy for the one one-family
residence on the nonresidence lot, use of the accessory structure
or structures may be continued.
E.
The accessory
structure or structures placed on the nonresidence lot shall be used
solely by occupants of the dwelling on the residence lot and their
nonpaying guests.
G.
The Zoning
Administrator shall require execution by the owners of the residence
lot and the nonresidence lot of covenants setting forth the restrictions
contained herein, which shall be in a form satisfactory to the Village
Attorney, and recording thereof in the office of the Recorder of Deeds
of Suffolk County.
H.
Notwithstanding
the foregoing, the residence lot and the nonresidence lot shall together
have not more than one of the following types of accessory uses and
structures: swimming pool, pool house, tennis court, paddle tennis
court or pickleball court, basketball hoop, bocce court or sport court.
It is the intent of this chapter that no act shall be done or
permitted to be done nor any circumstance be allowed to exist or continue
which circumvents the purpose or spirit of this chapter.[1]
[Added 3-15-1991 by L.L. No. 2-1991]
A.
Construction.
(1)
All berms shall be constructed so that all sides of the berm
shall not have a slope of greater than one to 1 1/2. For the
purposes of this section, the slope shall refer to the ratio of a
vertical rise of one foot to a horizontal run of 1 1/2 feet.
(2)
All berms shall be constructed of clean fill or an approved
equal.
(3)
The width of the crest of the berm shall not exceed four feet
measured at a point four feet above the natural existing grade at
the base of the berm.
B.
Berm vegetation and materials. All berms shall be properly vegetated
and landscaped to be compatible with the surrounding area before any
erosion occurs in the topsoil on the berm, or, in the alternative,
the berm shall be covered with an approved temporary ground cover
until such time as the berm can be properly landscaped.
C.
Fences and walls. No fence or wall shall be constructed on a berm.
However, a retaining wall may be placed on the sides of a berm where
the Planning Board finds that said retaining wall will promote aesthetic
considerations and the height of the same does not exceed the height
of two feet.
D.
Natural drainage. The construction of berms and the berm itself shall
not interfere with the natural drainage.
E.
Signs on berms. No signs shall be placed stop any berm or on the
side slope of any berm to the extent that the sign reaches a height
greater than four feet above the natural existing grade at the base
of the berm. In no instance shall a sign violate the provisions of
Chapter 153 of the Code of the Village of Quogue.
G.
Permits. All berms shall require a building permit issued by the
Zoning Administrator, who shall consider the application's compliance
with the provisions of this chapter, the compatibility of the berm
with the surrounding properties and associated land uses, drainage
and landscaping. The Zoning Administrator may refer an application
to the Planning Board for an advisory opinion.
H.
Review of permit denial. An applicant whose application for a berm
has been denied by the Zoning Administrator may apply to the Planning
Board for a review of the application. The Planning Board shall reject
the application, require modifications thereto or direct the Zoning
Administrator to issue the permit.
I.
Dimensional modifications to applications. The Planning Board may
approve dimensional modifications to applications not in compliance
with the provisions of this chapter, but in no event shall the berm
exceed a height of 10 feet or a width of 22 feet measured from a point
four feet above the existing natural grade. The Planning Board shall
make a specific finding that the dimensional modification is necessary
by reason of unique and unusual terrain or the limitation of adverse
impacts from noise from a traveled road or the avoidance of light
sources diminishing the residential character of adjoining property
or such other circumstances as shall promote the public interest without
detrimental effect on any adjoining property or roadway.
[Added 4-19-2001 by L.L. No. 3-2001]
A.
A construction trailer may be maintained on a lot during the course
of construction on such lot, for use incidental to the construction
work being performed on such lot, provided that:
(1)
The size of such trailer shall not exceed eight feet by 16 feet.
(2)
Such trailer shall not contain more than one room.
(3)
Such trailer shall not contain living quarters. Such trailer
shall not be designed, equipped or used for cooking, living or sleeping
purposes.
(4)
Use of such trailer shall be limited to use which is entirely
and solely incidental to the construction work being performed on
such lot.
(5)
Such trailer shall be maintained at a location on such lot which
provides a setback of at least 25 feet from the front lot line.
[Added 8-18-2017 by L.L.
No. 3-2017]
A single temporary storage container may be maintained on a
residential lot for a period not exceeding 60 days during the course
of repair or renovation of preexisting improvements on such lot that
entails removal of their contents or for a another purpose approved
by the Zoning Administrator, provided that:
