Village of Greenport, NY District Use Regulations

One-family detached dwellings, not to exceed one dwelling on each lot.

Buildings, structures and uses owned or operated by the Village of Greenport.

Conditional uses. The following conditional uses are permitted, subject to approval by the Planning Board in accordance with §§ 150-29 and 150-30 hereof, and subject to the regulations specified below and elsewhere in this chapter:

Places of worship, including parish houses, but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling. Special conditions include the following:

No building or part thereof shall be erected nearer than 50 feet to any street or property line.

The sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot.

Schools. Special conditions include the following:

Same as Subsection B(1)(a) and (b) above.

Any such school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.

Any such school shall occupy a lot with an area of not less than one acre plus one acre for each 100 pupils for which the building is designed.

Philanthropic or eleemosynary institutions, hospitals or sanatoriums for general medical care. Special conditions include the following:

Same as Subsection B(1)(a) and (b) above.

Each such use shall occupy a lot which shall have an area containing not less than one acre.

Annual membership clubs providing outdoor recreational facilities, such as private playgrounds, swimming pools and tennis courts. Special conditions include the following:

Same as Subsection B(1)(a) and (b), above.

Any such club shall be incorporated pursuant to the provisions of the Not-for-Profit Corporation, Membership Corporation[1] or the Benevolent Orders Law of the State of New York and cater exclusively to members and their guests, or shall be an unincorporated association approved by the Village Board and catering exclusively to members and their guests.

Editor's Note: See Art. 3, of the Cooperative Corporations Law.

Any such use shall not be conducted as a business enterprise.

Such use shall occupy a lot with an area of not less than one acre.

The use of outdoor public-address systems for any purpose shall be only by special permit.

Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be only by special permit.

Railroad, public utility and television towers, rights-of-way and related structures necessary to serve areas within the Village, subject to such conditions as the Planning Board may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.

Cemeteries.

Bed-and-breakfast facilities, subject to the following conditions:

[Added 11-16-1989 by L.L. No. 9-1989]

Facilities are clearly incidental and subordinate to the principal use of the dwelling.

The dwelling is occupied on a continual basis by the owner during rental periods.

The renting of rooms is limited to five rooms for lodging and serving of breakfast.

[Amended 9-26-2019 by L.L. No. 3-2019]

Not more than two individuals shall occupy a room for a maximum total of six casual and transient roomers.

Minimum lot size is 10,000 square feet.

Minimum house size is 2,000 square feet.

One off-street parking space is provided for each rental room.

Parking areas are designated and set back five feet from the boundary line.

(i)

Parking areas are screened from neighbors by fence or plantings with a minimum height of five feet.

(j)

The minimum size of a room is 120 square feet.

(k)

Each room has a window which can be opened, minimum window size to be four square feet. Windows shall comply with the New York State Uniform Fire Prevention and Building Construction Code (Part 714 - Openings for Emergency Use).[2]

[2]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(l)

Guests to be transient with a maximum period of stay for any guest limited to one month.

(m)

All are subject to site plan approval.

Permitted accessory uses, limited to the following:

Customary home occupations, provided that:

No display of goods or signs is visible from the street, except as set forth in Subsection C(6) below.

Such occupation is incidental to the residential use of the premises and is carried on in the principal building by a resident therein with not more than two nonresident assistants.

Such occupation is carried on in an area not exceeding 30% of the area of the ground floor of the principal building.

At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation, or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners and occupants.

Professional office or studio of an architect, artist, dentist, real estate agent, engineer, lawyer, musician, teacher, physician, veterinarian or other professions of similar character, provided that:

[Amended 5-16-1996 by L.L. No. 3-1996]

Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than two nonresident assistants.

Such office or studio shall occupy not more than 30% of the area of the ground floor of the main building.

Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.

Equipment capable of causing interference with radio or television reception in the neighborhood shall be prohibited unless also equipped with means to prevent such interference.

Veterinarians' offices shall not be located within 50 feet of any lot line, and no kennel, runway, exercise pen or similar animal housing shall be located within 100 feet of any lot line.

Garden house, toolhouse, playhouse, wading pool or swimming pool incidental to the residential use of the premises and not operated for gain, provided that swimming pools of any size and a depth in excess of six inches shall be subject to the following requirements:

[Amended 5-16-1996 by L.L. No. 3-1996]

The edge of the pool shall be kept a distance of not less than 20 feet from all property lines.

If located within 50 feet of any property line, such pool shall be screened from the view of abutting properties.

An adequate permanent fence or barrier shall be erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents, in accordance with Section 720.1 of the New York State Uniform Fire Prevention and Building Construction Code.

Swimming pools 100 square feet in area and having a depth of six inches shall require a permit and the payment of a fee.

Private garages. Two passenger automobile spaces in such garages may be leased to persons not resident on the premises.

The keeping of three customary household pets, but excluding the commercial breeding or keeping of the same.

[Amended 5-16-1996 by L.L. No. 3-1996]

The following signs, subject to § 150-15:

One nonilluminated nameplate or professional sign with an area of not over two square feet.

One temporary nonilluminated sign advertising the sale or rental of the premises on which such sign is situated, with an area of not over four square feet, provided that such sign is located on the front wall of a building or, if freestanding, then not nearer than 15 feet to any street line and to any property line.

One indirectly illuminated bulletin board or other announcement sign for educational or religious institutions permitted in Subsection B above, with an area of not over 10 square feet, provided that such sign is located not nearer than 15 feet to any street or property line or is attached to the building if closer.

Boats. Not more than four boats may be stored, docked, moored or anchored for more than 48 hours on any waters or adjoining waterways.

[Amended 5-16-1996 by L.L. No. 3-1996]

Yard sales, attic sales, garage sales, auction sales, porch sales or similar type of sales of personal property owned by the occupant of the premises and located thereon, subject to the following restrictions:

[Added 12-10-1979 by L.L. No. 5-1979]

Not more than two such sales shall be conducted on any lot in any one calendar year.

[Amended 8-15-2002 by L.L. No. 3-2002]

Adequate supervised parking facilities shall be provided.

No signs, except one on-premises sign not larger than three by four (3 x 4) feet in size, displayed for a period of no longer than one week immediately prior to the day of such sale, shall be permitted.

A permit is obtained therefor from the Building Inspector upon the payment of a fee of $5.

§ 150-8 R-2 One- and Two-Family Residence District.

In an R-2 One- and Two-Family Residence District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except for the following:

Permitted uses.

Any use permitted in an R-1 One-Family Residence District as provided in § 150-7A.

Two-family dwelling.

Any use conditionally permitted in the R-1 Residence District as provided in § 150-7B, except cemeteries.

[1]Conversion of an existing dwelling to a multifamily dwelling, as provided in Art. VII of this chapter, subject to the following conditions:

Said structure shall have contained on the effective date of this chapter not less than 1,000 square feet of livable floor area for each dwelling unit created.

The lot on which such structure is located shall contain a minimum of 15,000 square feet of lot area and shall contain at least 5,000 square feet of lot area for each dwelling unit.

One and one-half (11/2) parking spaces shall be provided for each dwelling unit.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Permitted accessory uses. Any accessory use permitted in the R-1 One-Family District as provided in § 150-7C.

§ 150-9 CR Retail Commercial District.

In a CR Retail Commercial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except as listed below, and all such uses will be subject to site plan approval in accordance with Article XI, § 150-30, hereof:

Permitted uses:

[Amended 3-1-1990 by L.L. No. 1-1990]

Retail stores and banks.

Personal service stores, such as but not limited to barbershops, beauty parlors and tailors.

Eating and drinking places.

Business, professional or governmental offices.

Service establishments furnishing services other than of a personal nature.[1]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Theaters, hotels and motels.

Outlets and pickup stations for laundries and cleaning establishments, excluding a commercial laundry as such. Cleaning of wearing apparel or household efforts on the premises shall be permitted only if noncombustible solvent is used, except for the incidental removal of spots with combustible solvent.

Newspaper printing, including incidental job printing.

(9)

Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed are to be sold at retail exclusively on the premises, provided that:

The space so used is fully concealed from any street and equal in area to no more than 20% of the square footage devoted to retail sales.

Not more than two employees are engaged in such production or processing.

(10)

Clubs and fraternal lodges.

(11)

Mortuary and funeral parlors.

(12)

Marina and docking facilities.

(13)

Gasoline service stations, except that they shall be prohibited in a floodplain or in an historic district.[2]

[2]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(14)

Self-service gasoline stations, subject to all of the provisions of § 150-10A(8), and the following additional requirements.

A service station which offers both self-service facilities and full service shall confine the self-service dispensing units to one service island with not more than three units, each of which may utilize up to two hoses and nozzles.

Self-service gasoline stations shall be protected by an automatic fire-protection system in the form of an approved system of dry-powder release which will act as an automatic fire extinguisher, or in a form in conformity with nationally recognized good practice and standards.

Self-service gasoline stations, whether totally or partly self-service, shall operate the self-service dispensing units only when there is at least one attendant working on the premises whose primary function shall be to supervise, observe and control the dispensing of motor fuels while said motor fuels are actually being dispensed.

It shall be the responsibility of the attendant to prevent the dispensing of motor fuels into portable containers which do not comply with any state, county and local requirements; to control sources of ignition and to immediately handle accidental spills and fire extinguishers if needed. The attendant or supervisor on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed in this subsection. No attendant shall be less than 18 years of age.

[Amended 5-16-1996 by L.L. No. 3-1996]

The dispensing areas shall at all times be in clear view of the attendant, and the placing or allowing of any obstacles to come between the dispensing area and the attendant control area shall be prohibited. The attendant shall at all times be able to communicate with the persons in the dispensing area.

Self-service gasoline stations shall have all self-service dispensing units controlled by approved dispensing devices, such as coin- or card-operated, or remote-controlled types, such as computer consoles.

There shall be no latch-open device on any self-service dispensing nozzle.

Operating instructions shall be conspicuously posted on each self-service dispensing unit.

(15)

Service stations and repair garages, subject to the following regulations:

The minimum lot size for such establishments shall be 7,500 square feet, and the minimum street frontage shall be 75 feet.

Entrance and exit driveways shall have an unrestricted width of not less than 16 feet and not more than 20 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.

Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building enclosed on all sides.

All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 15 feet to any property line other than the street.

No gasoline pumps shall be located nearer than 15 feet to any street line.

No building permit shall be issued for any such establishment within a distance of 200 feet of any school, church, hospital or other place of public assembly designed for occupancy by more than 50 persons, said distance to be measured in a straight line between the nearest points of each of the lots or premises.

Sale of used cars shall be conducted only as an accessory to new car sales.

(i)

Unused service station or commercial property must be enclosed to prevent unauthorized use.

(16)

Gallery.

[Added 11-19-1998 by L.L. No. 11-1998]

(17)

Studio.

[Added 11-19-1998 by L.L. No. 11-1998]

(18)

Accessory apartment dwelling units over retail stores and businesses, professional and governmental offices existing as of July 1, 2002, and in accessory buildings thereof also existing as of July 1, 2002, subject to the following standards and requirements:

[Added 7-19-2002 by L.L. No. 2-2002]

Inspection by the Village Building Inspector to ensure compliance with all requirements of the New York State Uniform Fire Prevention and Building Code and all other applicable state and local regulations prior to the issuance of a building permit or certificate of occupancy.

Apartments shall not be located on the first floor of principal buildings. Residential units in accessory buildings may be on any floor of such accessory building.

Notwithstanding anything in Chapter 150 to the contrary, accessory apartment dwelling units as permitted by this subsection shall not be subject to site plan approval.

The property owner shall provide proof, to the satisfaction of the Village Building Inspector, that the apartment will be occupied year-round, and not on a seasonal basis.

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with §§ 150-29 and 150-30 hereof, and subject to the regulations specified below and elsewhere in this chapter:

Conditional uses permitted in § 150-7B(5).

Permitted accessory uses.

Customary accessory uses, including off-street parking and loading facilities, subject to § 150-16, and signs, subject to § 150-15, and the following conditions:

Not more than one such sign shall be permitted for each tenant on the premises on each wall fronting on a street.

The aggregate area in square feet of all signs on any wall shall be not greater than two times the length in feet of such wall.

In addition, where the building is set back from the street line a distance of 25 feet or more, not more than one freestanding sign may be erected with a total area on all faces of not more than 40 square feet. Such sign shall not be erected nearer than six feet to any building nor encroach on any required side yard.

Artist dwelling.

[Added 11-19-1998 by L.L. No. 11-1998]

All uses permitted in Subsections A and B above shall be carried on in buildings fully enclosed on all sides, except for parking and loading facilities.

§ 150-10 CG General Commercial District.

In a CG General Commercial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except those listed below, and all such uses shall be subject to site plan approval in accordance with § 150-30 hereof:

Permitted uses.

Any use permitted in the CR Retail Commercial District as provided in § 150-9A.

Service establishments furnishing services other than of a personal nature.

Self-service gasoline stations, subject to all of the provisions of § 150-10A(8), and the following additional requirements:

[Added 6-19-1979 by L.L. No. 1-1979]

It shall be the responsibility of the attendant to prevent the dispensing of motor fuels into portable containers which do not comply with any state, county and local requirements; to control sources of ignition; and to immediately handle accidental spills and fire extinguishers if needed. The attendant or supervisor on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed in this subsection. No attendant shall be less than 18 years of age.

[Amended 5-16-1996 by L.L. No. 3-1996]

There shall be no latch-open device on any self-service dispensing nozzle.

Operating instructions shall be conspicuously posted on each self-service dispensing unit.

Light manufacturing, assembling, converting, altering, finishing or any other processing and incidental storage of products and materials.

Wholesaling, storing and warehousing, including building contractors, building supply and lumber yards.

Research and design laboratory.

Utility and public transportation facilities.

Motor vehicle sales, service stations and repair garages, subject to the following regulations:

The minimum lot size for such establishments shall be 7,500 square feet, and the minimum street frontage shall be 75 feet.

Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building enclosed on all sides.

The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 15 feet to any property line other than the street line.

No gasoline pumps shall be located nearer than 15 feet to any street line.

No building permit shall be issued for any such establishments within a distance of 200 feet of any school, church, hospital or other place of public assembly designed for occupancy by more than 50 persons, said distance to be measured in a straight line between the nearest points of each of the lots or premises regardless of the district where either premises are located.

Sale of used cars shall be conducted only as an accessory to new car sales.

(i)

Unused service station or commercial property must be enclosed to prevent unauthorized use.

(9)

Gallery.

[Added 11-19-1998 by L.L. No. 11-1998]

(10)

Studio.

[Added 11-19-1998 by L.L. No. 11-1998]

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted, subject to approval by the Planning Board in accordance with §§ 150-29 and 150-30 hereof, and subject to the regulations specified below and elsewhere in this chapter:

Conditional uses permitted in § 150-7B(5).

Permitted accessory uses.

Customary accessory uses, including off-street parking and loading facilities subject to § 150-16, and signs, subject to § 150-15, and the conditions as stated in § 150-9C(1).

Artist dwelling.

[Added 11-19-1998 by L.L. No. 11-1998]

§ 150-11 WC Waterfront Commercial District. [1]

[Amended 8-13-1981 by L.L. No. 5-1981; 4-10-1978 by L.L. No. 2-1978; 6-19-1979 by L.L. No. 2-1979; 8-21-1986 by L.L. No. 3-1986; 5-26-1988 by L.L. No. 2-1988; 5-23-1991 by L.L. No. 1-1991; 8-12-1993 by L.L. No. 5-1993; 5-16-1996 by L.L. No. 3-1996; 5-16-1996 by L.L. No. 2-1996]

The objective of this district is to preserve, maintain and encourage water-dependent uses that have traditionally been associated with the Village of Greenport waterfront and to accommodate water-enhanced commercial uses that are compatible with water-dependent uses. In the Waterfront Commercial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except those listed below, and all such uses shall be subject to site plan approval in accordance with § 150-30 hereof:

Permitted uses.

Public and private yacht clubs, marinas and docking facilities.

Municipal parks and facilities.

Boat launching facilities.

Tour boats, commercial, charter and party fishing boats.

Boat sales, rental, service, repair and storage.

Shipbuilding yards including facilities for building, repairing and maintaining boat engines and other marine equipment.

Manufacture of items related or incidental to the operations associated with boat building.

Fish and shellfish processing plants.

(9)

Retail sale of equipment, goods, supplies, materials, tools and parts used in connection with boating and fishing.

(10)

Retail and wholesale of seafood products.

(11)

Retail fuel storage and sales solely for boats.

(12)

Boating instruction schools.

(13)

Oceanographic or marine-related scientific research and equipment manufacture and testing.

(14)

Maritime museums.

(15)

Aquaculture facilities, including fish rearing and fish release facilities.

(16)

Gallery.

[Added 11-19-1998 by L.L. No. 11-1998]

(17)

Studio.

[Added 11-19-1998 by L.L. No. 11-1998]

Conditional uses.

Motels and hotels which may include conference facilities.

Eating and drinking establishments.

Retail sale and manufacturing of retail products.

Marine-related business offices (except as provided for under permitted accessory uses) which handle matters principally related to the design, manufacture, service, storage, purchase, sale and lease of insurance of boats and related marine equipment; fishing and other marine harvesting; and fish processing.

Hospitals for human health care.

Standards for conditional uses.

Where the subject property abuts the water, conditional uses shall be permitted when established in conjunction with a permitted use or uses listed in § 150-11A and in accordance with the following conditions:

Conditional uses and related accessory uses shall not exceed more than 70% of the allowed lot coverage.

Any conditional use shall cease if the permitted use or uses on the subject property are discontinued.

Uses over water.

Such use or combination of conditional uses shall not be permitted over surface waters, except in accordance with the following conditions:

[a]

The adjacent upland property shall be within the Waterfront Commercial District.

[b]

Such use and related accessory use shall be located on and occupy a pier existing on the effective date of this section.

[c]

Such use and related accessory use shall not displace an existing permitted use or uses.

[d]

Such use and related accessory uses shall not cover more than 50% of the over-water deck, dock, pier or wharf or any other over-water structure upon which it is located and shall be located upon the most landward portion of the structure.

[e]

The waterward portion of the structure shall be a designated public accessway or a permitted use or uses.

[f]

Such uses and related accessory uses are summer seasonal (May through October) and shall not be contained in a permanently enclosed structure.

[g]

The site of such use and related accessory uses provides public access on a year-round basis to and on the site as an extension as part of a designated public accessway no less than eight feet in width.

[2]

Provided that a permanent structure existed prior to October 12, 1988, existing year-round nonconforming uses may be allowed to occupy a permanently enclosed structure on a deck, dock, pier or wharf or any other over-water structure.

Consideration shall be given to the quality and extent of views from the adjacent public streets through the property to the water as well as the design and relationship of development to the waterfront as viewed from the water.

Where the subject property does not abut the water, conditional uses shall be permitted when established in accordance with condition C(1)(d) above.

Special conditions for motels and hotels include the following:

The entire facility shall strictly adhere to the definition of a motel or hotel in § 150-2 of the Village Code.

All units shall be in multiple-unit structures, and the site shall not be subdivided for the purposes of creating individual lots or sites for the creation of single-family residences or units.

The design, scale and appearance of units, structures and the entire facility shall be compatible with present and potential uses of adjacent properties and structures and with the character of the neighborhood.

The size, scale or configuration of a proposed facility must be found not to create an undue increase in traffic congestion on adjacent and nearby public streets or highways.

Structures and outdoor activities will be reasonably screened from adjacent properties. Landscaping and buffer zones will be provided to reduce noise, dust and visibility.

Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.

There shall be no outdoor public address or music system audible beyond the limits of the site.

The number of guest rooms may be limited to the availability of public water and sewage facilities.

Special conditions for eating and drinking establishments include the following:

The use shall be an on-premises sit-down-type eating or drinking establishment. A drive-in or window service facility is specifically prohibited.

There shall be no outdoor public-address or music system audible beyond the limits of the site.

The maximum customer capacity of the restaurant shall be calculated in order to determine potential sewage and kitchen waste disposal. A plan demonstrating how the disposal of sewage and kitchen wastes will be handled shall be provided.

Structures and outdoor eating areas will be reasonably screened from adjacent properties. Landscaping and buffer zones will be provided to reduce noise, dust and visibility.

Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.

Permitted accessory uses.

Customary accessory uses, including off-street parking and loading facilities and offices related to the principal permitted use subject to § 150-16 and signs subject to § 150-15 and the conditions as stated in § 150-9C(1).

Artist dwelling.

[Added 11-19-1998 by L.L. No. 11-1998]

Public access and building coverage bonus. All uses, premises and structures should be designed to allow pedestrian access to and along the waterfront. An applicant who proposes to construct a permanent pedestrian walkway, a minimum of 10 feet in width, for public use along Greenport Harbor to Front Street, that is accepted by the Planning Board, shall be granted a bonus building coverage of 10% on the lot to be developed. The walkway shall be made available for public use under a mutually acceptable arrangement between the Village and the property owner.

Editor's Note: See Ch. 139, Waterfront Consistency Review, for additional provisions.

§ 150-11.1 Park District.

[Added 3-12-1987 by L.L. No. 1-1987]

In the PD (Park District), no building or grounds shall be used, and no building or grounds shall be erected or altered, without the approval of the Village Board of Trustees.

Permitted uses:

Nature trails.

Sports playing fields.

Firematic events.

Utility facilities, including necessary appurtances, but not limited to:

Water towers.

Sewage treatment plants.

Electrical plants.

Municipally operated campsites.

Municipally operated trailer park.