Village of Port Jefferson, NY
Suffolk County
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Chapter 250: ZONING
Article XV: Special Use Permits
[Added 6-26-1992 by L.L. No. 6-1992]

§ 250-55 Grant of special use permits.

When, in the judgment of the Board of Trustees, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby, the Board of Trustees may, in appropriate and specific cases and subject to appropriate conditions and safeguards, grant a special use permit, whenever it is provided in this chapter that approval of the Board of Trustees is required, or refuse to grant the same where such action is justified.

§ 250-56 Uses requiring a special use permit.

The following uses are subject to a special permit:
A. Bed-and-breakfast as defined in this chapter.
B. Seasonal outdoor dining as defined in this chapter.
C. Telecommunications towers as defined in Chapter 249 of this Code.
[Added 10-16-2000 by L.L. No. 18-2000; amended 1-22-2001 by L.L. No. 3-2001]

§ 250-57 Bed-and-breakfast establishments.

[Amended 8-4-1997 by L.L. No. 5-1997; 6-26-2000 by L.L. No. 11-2000; 1-22-2001 by L.L. No. 3-2001 Editor's Note: This local law also repealed former § 250-57, Permit regulations, as amended, and renumbered former § 250-59 as § 250-57. ]
A bed-and-breakfast shall be an owner-occupied building designed, used and occupied as a single-family residence, managed by the property's owner and having, as an accessory use, bedroom accommodations and breakfast provisions, served in the host's private dining room or kitchen for those accommodated as paying guests. For purposes of this section, an owner shall be a natural person or persons only.
A. A bed-and-breakfast may be located in any zoning district subject to a special permit issued by the Board of Trustees.
B. There shall be no more than three sleeping rooms offered for rent.
C. The property and structure sought to be used shall be the primary residence of the owner, and said owner shall actually reside therein.
D. There shall be no exterior lighting or illumination that conflicts with the neighboring property.
E. Adequate off-street parking facilities for the owner(s), owner's family and guests must be demonstrated. At least one off-street parking space must be provided on-site for each sleeping room as referenced in § 250-57B above. The applicant must also demonstrate that all such off-street, on-site parking is adequate in width, grade, alignment and visibility and that vehicular access to and from the property is adequate and safe.
F. Meals provided and any amenities connected with the guest rooms, e.g., swimming pool or tennis court, shall be solely for the use of the owner, his/her family and the owner's registered guests.
G. One sign may be permitted not exceeding three square feet in area and shall contain no information other than identifying the premises as the named bed-and-breakfast.
H. No guest may be registered for a maximum continuous period in excess of seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection at any time by Code Enforcement Officers or other duly authorized Village personnel.
I. An application for a special use permit and any additional general requirements and the procedures for issuance shall be as set forth in the Village Code.
J. The owner shall be responsible for compliance with any and all state and local health, fire and sanitation codes.
K. Penalties for violations of any conditions set forth in a special permit will result in a fine of $250 and/or immediate revocation of the special permit.
L. The exterior appearance of a bed-and-breakfast residence, including its overall site, shall be maintained in appearance and character as a single-family dwelling. No entrances solely for the purpose of bed-and-breakfast guests shall be permitted.
M. No cooking facilities of any kind may be located or used in any of the guest rooms, and no cooking shall be permitted in said guest rooms.
N. No special permit for a bed-and-breakfast shall be permitted for any single-family residence having more than one kitchen.
O. No special permit for a bed-and-breakfast shall issue for any building located within 500 feet of any property line of any parcel containing a bed-and-breakfast or within five lots of an existent bed-and-breakfast, whichever is the greater distance.
P. A special permit issued for a bed-and-breakfast may be transferred to the purchaser of the property upon which the bed-and-breakfast is operated on the following conditions:
(1) The purchaser desires the transfer of the special permit.
(2) Prior to closing, the purchaser advises the Village Clerk of his/her desire to continue the operation of the bed-and-breakfast and completes a questionnaire providing such information as the Village deems appropriate.
(3) If the closing takes place on a date more than six months before the date on which the seller's special permit is scheduled to expire, the purchaser may continue to operate the bed-and-breakfast until the end of the calendar year in which the closing takes place, with the further right to apply for a renewal of the special permit for a period of up to three consecutive years.
(4) If the closing takes place on a date less than six months before the date on which the seller's special permit is scheduled to expire, the purchaser may continue to operate the bed-and-breakfast from the date of closing plus 12 consecutive months after the end of the calendar year in which the closing takes place. Such purchaser may apply for a renewal of the special permit for a period of up to three consecutive years prior to the expiration of such twelve-consecutive-month period.
Q. A special permit issued for the first time for a bed-and-breakfast on a particular site shall be issued for a period not to exceed one year.
R. Special permit applications for a bed-and-breakfast shall require a public hearing, notification of property owners within 500 feet of the property line at least 10 days prior to such public hearing by certified mail, return receipt requested, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested.
S. Special permits for a bed-and-breakfast may be renewed by the person holding the permit, without amendment, for a period of up to three consecutive years, subject only to review by the Board of Trustees and the payment of a fee. In those cases where a special permit for a bed-and-breakfast has been renewed for a period in excess of one year, the fee set forth in the Table of Fees at the end of this chapter must be paid for each year of the renewed term, at the beginning of each such year. Failure to pay the fee shall result in the termination of the permit.
T. Application for a special permit for a bed-and-breakfast shall be made to the Board of Trustees, through the Village Clerk, in the form prescribed by it, together with an application fee and a fee for each sleeping room offered for rent Editor's Note: See the Table of Fees at the end of this chapter. pursuant to Section 250-57B.
U. The Village Clerk shall forward the application, when deemed completed and the fee paid, to the Planning Board for review and comment. Within 21 days of receipt of the application, such comment must be forwarded to the Board of Trustees.
V. After review by the Board of Trustees, the application may be denied by the Board of Trustees or a public hearing scheduled or the application may be tabled pending receipt of additional information as requested by the Board of Trustees.
W. The notification of property owners as set forth in Subsection R above shall be to those whose names appear on the last complete tax roll of the Village. The applicant shall submit a sworn statement to the Board of Trustees at the time of the hearing that the owners have been notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.
X. The Board of Trustees shall render a decision within 30 days from the date on which the hearing is finally closed.

§ 250-58 Seasonal outdoor dining.

[Amended 1-22-2001 by L.L. No. 3-2001 Editor's Note: This local law also repealed former § 250-58, Procedure, as amended, and renumbered former § 250-60 as § 250-58. ]
Seasonal outdoor dining shall consist of the service of food and beverages at tables placed in an outdoor area by an existing eating and drinking establishment. Said use shall be wholly located on private property immediately adjacent to the premises of the existing eating and drinking establishment.
A. Seasonal outdoor dining may be located in the marine waterfront and commercial zoning districts subject to a special permit issued by the Board of Trustees.
B. The number of tables allowed at a location will be determined by application of the following formula: The total square footage for table placement divided by 70 square feet shall allocate the number of tables for four allowed.
C. Special permits for seasonal outdoor dining will be issued for the period from April 15 to October 15 of any calendar year.
D. Outdoor dining areas must be located in such a fashion so that neither pedestrian walkways nor neighboring viewsheds be obstructed.
E. Permit applicants must be able to demonstrate adequate parking facilities for their outdoor dining use to the satisfaction of the Board of Trustees.
F. Applicants will be responsible for preparing an environmental assessment form, as required by law.
G. There will be a fee Editor's Note: See the Table of Fees at the end of this chapter. for all seasonal outdoor uses approved pursuant to this section.
H. An application for a special use permit and any additional general requirements and the procedures for issuance shall be as set forth in the Village Code.
I. Penalties for violations of any conditions set forth in a special permit, such as increasing the number of tables over the number approved, will result in a fine of $250 and/or immediate revocation of the special permit.
J. Special permits for seasonal outdoor dining shall be issued for a period not to exceed one year.
K. Special permit applications for seasonal outdoor dining shall require a public hearing, notification of property owners within 100 feet of the property line at least 10 days prior to such public hearing by certified mail, return receipt requested, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested.
L. Special permits for seasonal outdoor dining may be renewed, without amendment, from year to year, subject only to review by the Board of Trustees and the payment of a fee. Editor's Note: See the Table of Fees at the end of this chapter.
M. Application for a special permit for seasonal outdoor dining shall be made to the Board of Trustees, through the Village Clerk, in the form prescribed by it, together with an application fee. Editor's Note: See the Table of Fees at the end of this chapter.
N. The Village Clerk shall forward the application, when completed and the fee paid, to the Planning Board for review and comment. Within 14 days of receipt of the application, such comment must be forwarded to the Board of Trustees.
O. After review by the Board of Trustees, the application may be denied by the Board of Trustees or a public hearing scheduled or the application may be tabled pending receipt of additional information as requested by the Board of Trustees.
P. The notification of property owners as set forth in Subsection K above shall be to those whose names appear on the last complete tax roll of the Village. The applicant shall submit a sworn statement to the Board of Trustees at the time of the hearing that the owners have been notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.
Q. The Board of Trustees shall render a decision within 30 days from the date on which the hearing is finally closed.

§ 250-59 Telecommunications towers.

[Added 1-22-2001 by L.L. No. 3-2001 Editor's Note: This local law also renumbered former §§ 250-59 and 250-60 as §§ 250-57 and 250-58, respectively. ]
A. Special permit applications for telecommunications towers, prior to approval, shall require a public hearing, notification of property owners within 500 feet of the property lines of the parcel in which the proposed tower is to be constructed, at least 10 days prior to such hearing by certified mail, return receipt requested, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested.
B. Special permits for telecommunications towers may be renewed, without amendment, from year to year, subject only to review by the Board of Trustees and the payment of a fee of $500 for each year renewed.
C. Application for special permits for telecommunications towers shall be made to the Board of Trustees, through the Village Clerk, in the form prescribed by it, together with an application fee in the sum of $500.
D. The notification of property owners as set forth in Subsection A above shall be to those whose names appear on the last complete tax roll of the Village. The applicant shall submit a sworn statement to the Board of Trustees at the time of the hearing that the owners have been notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.