Village of Patchogue, NY Article III District Regulations

§ 435-15 A Residence District.

A. Use. In A Residence District, no building or premises shall be used, and no building shall be hereafter erected or altered, unless otherwise provided for in this chapter, except for one or more of the following uses:

(1) One-family dwelling.

(2) Churches or similar places of worship, parish houses, convents and accessory buildings of a religious nature, when authorized by a special permit from the Zoning Board of Appeals.

[Amended 6-22-1987 by L.L. No. 10-1987]

(3) Public parks, playgrounds and recreational areas, when authorized or operated by a governmental authority.

(4) A regularly organized elementary or high school having a curriculum approved by the Board of Regents of the State of New York, accredited colleges or universities, by special permit of the Zoning Board of Appeals.[1]

[Amended 6-22-1987 by L.L. No. 10-1987]

[1] Editor's Note: Original § 93-7A(5), which listed a professional office within a dwelling as a permitted use and which immediately followed this subsection, was repealed 4-27-1987 by L.L. No. 5-1987.

(5) Private detached garage as an accessory building.

(6) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use, but such uses shall not include any activity conducted as a business.

[Amended 4-8-1985 by L.L. No. 5-1985]

B. Height. In A Residence District, no building or structure hereafter erected or altered shall exceed 35 feet or three stories, except that public or semipublic buildings may be erected to a height not to exceed 50 feet, provided that the front, side and rear yards shall be increased an additional one foot in width for each one foot by which such building or structure shall exceed the height of 35 feet.

[Amended 2-25-1974]

C. Lot area. In the A Residence District, no building shall be erected or altered on a lot having an area of less than 10,000 square feet and a width of less than 100 feet at the street line and at the building line; provided, however, that a single-family dwelling may be built upon a lot held in single and separate ownership at the effective date of the original amendment of this chapter, August 3, 1953, as shown on the current Village assessment rolls, having an area of less than 7,500 square feet and a width of less than 75 feet at the street line and at the building line; and provided further that in such case the area or width of the lot shall not be less than 75% of said required area of 7,500 square feet and width of lot of 75 feet; and further provided, however, that a single-family dwelling may be built upon a lot held in single and separate ownership at the effective date of this amendment of this chapter, viz., April 30, 1971, as shown on the current Village assessment rolls having an area of less than 10,000 square feet but not less than 7,500 square feet and a width of less than 100 feet but not less than 75 feet and that, in such case, the area or width of lot shall not be less than 75% of the required area and width of lot as set forth in this subsection, as amended; and provided, further, however, that, with respect to any lot held in single and separate ownership prior to the effective date of this amendment of this chapter, viz., April 30, 1971, which lot was situated immediately prior to said date in the B-1 Residence District, a single-family dwelling may be built if said lot meets the requirements of § 435-16C hereof, as amended.

[Amended 10-11-1965; 4-26-1971]

D. Front yard. In the A Residence District, no building hereafter erected or altered shall have a depth of front yard less than 30 feet. If on the same side of the street 40% or more of the total street line distance between the two nearest intersecting street lines shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefor, not less than the average depth of yard as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 40 feet.

E. Corner lot. In the A Residence District, such lot shall have a front yard along each street as provided in § 435-15D and one rear yard as is provided in § 435-15H, provided that, in the case of such a lot held in single and separate ownership at the effective date of the original amendment of this chapter, viz., August 3, 1953, which then had and still has a width of lot at the building line of less than 75 feet, or in the case where such lot was held in single and separate ownership at the effective date of this amendment of this chapter, viz., April 30, 1971, which then had and still has a width of lot at the building line of not less than 75 feet but less than 100 feet, the one of such required front yards, upon which the building proposed to be erected or altered does not face or have its principal entrance, may be decreased by not more than 50% of the depth required by § 435-15D.

[Amended 4-26-1971; 3-14-1988 by L.L. No. 2-1988]

F. Double-front lots. In the A Residence District, the required front yard shall be provided on both streets.

G. Side yards. In the A Residence District, there shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 35 feet wide, and neither side yard shall be less than 15 feet wide; provided, however, that, in the case of a lot held in single and separate ownership at the effective date of the original amendment of this chapter, viz., August 3, 1953, and having a width of lot less than 75 feet at the building line or in the case of such lot held in single and separate ownership at the effective date of this amendment of this chapter, viz., April 30, 1971, and having a width of at least 75 feet but less than 100 feet at the building line, a single-family dwelling may be built thereon, provided that the width of the required side yards may be reduced by not more than 20% and to not less than nine feet as to either side yard. With respect to such lot held in single and separate ownership on August 3, 1953, said 20% shall be computed on the basis of a twenty-five-foot total and a ten-foot minimum side yard requirement. With respect to any such lot held in single and separate ownership at the effective date of this amendment of this chapter, which was, immediately prior to April 30, 1971, situated in a B-1 Residence District, a single-family dwelling may be built thereon if said lot meets the requirements of § 435-16G hereof, as amended.

[Amended 4-26-1971]

H. Rear yard. In the A Residence District, there shall be a rear yard having a minimum depth of 25 feet.

I. Building area. In the A Residence District, the total building area shall not exceed 25% of the lot area.

J. Accessory buildings. In the A Residence District, accessory buildings may occupy not more than 25% of the required rear yard and shall not exceed 18 feet in height or the height of the main building, whichever is less; provided, however, that:

[Amended 4-12-1971; 4-26-1971; 1-13-1986 by L.L. No. 1-1986]

(1) The yard area occupied by such accessory building shall be included in computing the percentage of lot area permitted to be built upon.

(2) Any accessory building shall be located on the same lot with the principal building.

(3) No accessory building shall be constructed upon a lot or plot until the construction of the main buildings has been actually commenced.

(4) No accessory building shall be used unless the main building on a lot or plot has been completed and is in use.

(5) No accessory building shall be built within five feet of any side or rear lot lines or nearer than 50 feet to any street line.

(6) No more than one dwelling shall be erected on any building lot.

(7) All dwellings, both existing and newly constructed, must have a private garage with an interior space of at least 10 feet by 20 feet, and suitable for storage of at least one automobile, either attached to said dwelling or detached as an accessory building pursuant to this subsection. The requirement for a garage shall not apply to dwellings constructed prior to 1953.

[Amended 10-14-2003 by L.L. No. 9-2003; 10-27-2008 by L.L. No. 14-2008]

(8) With respect to any lot held in single and separate ownership on April 30, 1971, which lot was prior to that date located in a B-1 Residence District, an accessory building may be built less than five feet but at least three feet from any side or rear lot line, and less than 50 but at least 45 feet from any street line.

(9) Any accessory building shall not contain more than one story, excluding any attic or crawl space.

(10) The floor area of the accessory building shall not exceed 50% of the ground floor area of the main building.

K. Permitted encroachments. In the A Residence District, the following encroachments upon required yard areas are permitted:

(1) Cornices, eaves, gutters, chimneys or bay windows projecting not more than 24 inches.

(2) One-story open porches and terraces not exceeding three feet in height, projecting not more than six feet into a rear or front yard.

(3) One-story enclosed vestibule not greater than six feet wide and five feet deep into front yard.

(4) In any case where the Board of Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted into such diminished yard.[2]

[2] Editor's Note: Original § 93-8, B-1 Residence District, which immediately followed this section, was repealed 4-26-1971.

§ 435-16 B Residence and Office District.

[Amended 4-26-1971]

A. Use. In B Residence and Office District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses:

(1) Any principal and accessory use permitted in the A Residence District.

(2) Offices and professional buildings, when authorized by the Board of Appeals by virtue of application thereto as hereinafter provided.

B. Height. In the B Residence and Office District, height restrictions shall be the same as in the A Residence District.

C. Lot area. In the B Residence and Office District, no building shall be erected or altered on a lot having an area of less than 6,000 square feet and a width of less than 60 feet at the street line and at the building line; provided, however, that a single-family dwelling may be built upon a lot held in single and separate ownership at the effective date of the original amendment of this chapter, viz., August 3, 1953, as shown on the current Village assessment rolls, having an area of less than 6,000 square feet and a width of less than 60 feet at the street line and at the building line; and provided, further, that, in such case, the area or width of lot shall not be less than 80% of the required area and width of lot as aforesaid.

D. Front yard. In the B Residence and Office District, no building hereafter erected or altered shall have a depth of front yard less than 25 feet. If on the same side of the street 40% or more of the total street-line distance between the two nearest intersecting street lines shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefor, not less than the average depth of front yard as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 40 feet.

E. Corner lot. In the B Residence and Office District, such lot shall have a front yard along each street as is provided in § 435-16D, and one rear yard as is provided in § 435-16H, provided that, in the case of such a lot held in single and separate ownership at the effective date of the original amendment of this chapter, viz., August 3, 1953, which then had and still has a width of lot at the building line of less than 60 feet, the one of such required front yards upon which the building proposed to be erected or altered does not face or have its principal entrance may be decreased by not more than 40% of the depth required by § 435-16D.

[Amended 3-14-1988 by L.L. No. 2-1988]

F. Double-front lots. In the B Residence and Office District, the double-front-lot requirements shall be the same as in the A Residence District.

G. Side yards. In the B Residence and Office District, there shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 15 feet, and neither side yard shall be less than five feet wide; provided, however, that, in the case of a lot held in single and separate ownership at the effective date of the original amendment of this chapter, viz., August 3, 1953, as shown on the current Village assessment rolls, and having a width of lot less than 60 feet at the building line, a single-family dwelling may be built thereon, provided that the width of the required side yards may be reduced by not more than 20% and to not less than three feet as to either.

H. Rear yard. In the B Residence and Office District, the rear yard requirements shall be the same as in the A Residence District.

I. Building area. In the B Residence and Office District, the total building area shall not exceed 40% of the total lot area.

J. Accessory buildings. In the B Residence and Office District, the restrictions on and requirements for accessory buildings shall be the same as in the A Residence District, except that no accessory buildings shall be built within three feet of any side or rear lot line nor nearer than 45 feet to any street line.

[Amended 5-10-1976 by L.L. No. 10-1976]

K. Permitted encroachments. In the B Residence and Office District, the permitted encroachments shall be the same as are permitted in the A Residence District.

L. Architectural design.

[Added 10-15-1985 by L.L. No. 16-1985]

(1) In the B Residence and Office District, the architectural design, scale and mass of buildings and other structures, including, among other elements, the exterior building material, color, roofline and building elevations shall be of such character as to harmonize and be compatible with the neighborhood so as to protect property values in the neighborhood and to preserve and improve the appearance and beauty of the community. New construction shall adhere to the purposes of this district, in whole or in part.

(a) Buildings shall be designed to achieve a small scale and residential appearance.

(b) Pitched-roofed buildings shall be required.

(c) Roof-top mechanical equipment shall be prohibited, except for energy conservation systems such as solar energy panels.

(d) Buildings shall be designed and located on the site so as to retain the existing topography and natural features of the land to the greatest extent possible.

(2) Role of Planning Board. In order to carry out the purposes of this section, the Village Planning Board shall be empowered to serve as the general administrative and review agency with the specific powers and duties enumerated elsewhere in this subsection. The Planning Board shall make the necessary studies, research investigations and consultations; prepare the necessary maps, reports and other material; and undertake such other assignments as it deems appropriate and as may be requested by the Village Board, all directed toward the preservation of the appearance and beauty of the community.

(a) Powers and duties of Planning Board. In carrying out the purposes of this subsection, the Planning Board shall have the following powers and duties:

[1] To review all applications for building permits, special use permits, sign permits and variances in a B Residence and Office District to determine what effect their granting may have on the special character to be preserved.

[2] To utilize the service of special consultants to assist in the resolution of specific problems.

[3] To consult with and offer suggestions to property owners, residents and tenants in a B Residence and Office District to help implement the objectives of this subsection.

(b) Review procedure.

[1] Applications for building permits, special use permits, sign permits and variances within a B Residence and Office District shall be referred to the Planning Board by the Building Inspector or the Board of Appeals.

[2] The Planning Board shall then review the applications and plans in accordance with the provisions of this subsection. In making its review, the Planning Board may confer with the applicant or its authorized representative and shall, in making its determination, consider the following:

[a] The compatibility of the proposed building, structure, alteration thereof or use of the property with neighboring properties and the B Residence and Office District as a whole.

[b] The visual and locational relationship between the property in question and the B Residence and Office District's existing buildings, structures, special character and general appearance in regard to style, material, scale, proportion, composition, mass, line, color, detail, setback, landscaping and related items.

[c] Any other factors relating to aesthetic considerations which are deemed pertinent to the benefit of the B Residence and Office District.

[3] By specific request in a particular case, the Planning Board may require the submission of such plans, reports, maps, exhibits, photographs or drawings as are necessary for its determinations. These submissions shall include but not be limited to site plans; architectural plans; landscaping plans; proposed signs; proposed door, window and facade design details and colors; and photographs or drawings indicating visual relationships to adjoining buildings and spaces in the B Residence and Office District.

[4] After its review and examination of the items submitted and subsequent to such further deliberations as it deems necessary, but within 45 days of the receipt of the application and accompanying items for review, unless the time period is extended as mutually agreed upon the Planning Board and the applicant, the Planning Board shall issue a favorable recommendation to the Building Inspector or Chairman of the Board of Appeals only if it finds that the proposal or a modification thereof is in fact appropriate to the character, appearance and efficient functioning of the B Residence and Office District. When the recommendation is for denial, the Planning Board shall state the reasons given for such recommendation.

[5] In a B Residence and Office District, no permit shall be issued to erect or alter a building, structure or sign in such manner as to change the outside dimensions or exterior appearance unless and until a recommendation has been received by the Planning Board. Likewise, no special use permit or variance shall be granted by the Board of Appeals until a recommendation by the Planning Board has been received.

[6] In such instances where the Planning Board shall recommend more or less restrictive regulations than those authorized in this subsection and in other Village codes in order to accomplish the purposes of this subsection, the Village Board, Planning Board, Building Inspector and the Board of Appeals shall be empowered to adopt and enforce such more or less restrictive regulations.

[7] Any person aggrieved by any decision of the Planning Board or Building Inspector under this subsection may appeal such decision to the Board of Appeals in the same manner as is provided for zoning appeals; and the Board of Appeals, after proceeding in the same manner as is provided for zoning appeals and with the same power and authority vested in said Board of Appeals when passing upon appeals before it under the provisions of Village Law, may reverse, modify or affirm the decision of the Planning Board or Building Inspector.

(c) Maintenance. Nothing contained in this subsection shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature or premises in a B Residence and Office District which does not involve a change in design, material, color or the outward appearance thereof.

§ 435-17 C Residence District.

A. Use. In the C Residence District, no building or premises shall be used, and no building shall be hereafter erected or altered, unless otherwise provided for in this chapter, except for one or more of the following uses:

[Amended 1-25-1965; 6-28-1965; 9-8-1969; 6-25-1973; 8-11-1986 by L.L. No. 18-1986]

(1) Any principal and accessory use permitted in the A Residence District.

(2) Owner-occupied two-family dwellings, when allowed as a special permit by the Board of Appeals for a period of three years as hereinafter provided.

[Amended 6-27-1994 by L.L. No. 7-1994; 1-22-2007 by L.L. No. 2-2007]

(3) Garden apartments, apartment house or multiple-family dwellings, when approved by the Board of Trustees pursuant to the procedure set forth in § 435-80 of this chapter.

B. Height. In the C Residence District, height restrictions shall be the same as in the A Residence District.

C. Lot area. In the C Residence District, no building shall be erected or altered on a lot having an area of less than 5,000 square feet and a width of less than 50 feet at the street line and at the building line.

[Amended 10-11-1965]

D. Front yard. In the C Residence District, no building hereafter erected or altered shall have a depth of front yard less than 25 feet. If on the same side of the street 40% or more of the total streetline distance between the two nearest intersecting street lines shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefor, not less than the average depth of front yard as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 35 feet.

E. Corner lot. In the C Residence District, such lot shall have a front yard along each street as is provided in § 435-17D and one rear yard as is provided in § 435-17H, provided that in the case of such a lot held in single and separate ownership at the effective date of the original amendment of this chapter, viz., August 3, 1953, as shown on the current Village assessment rolls, which then had and still has a width of lot at the building line of less than 50 feet, the one of such required front yards upon which the building proposed to be erected or altered does not face or have its principal entrance may be decreased to 12 feet.

[Amended 3-14-1988 by L.L. No. 2-1988]

F. Double front lots. In the C Residence District, the required front yard shall be provided on both streets.

G. Side yards. In the C Residence District, there shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 10 feet, and neither side yard shall be less than five feet wide; provided, however, that in the case of a lot held in single and separate ownership at the effective date of the original amendment of this chapter, viz., August 3, 1953, as shown on the current Village assessment rolls, and having a width of lot less than 50 feet at the building line, a single-family dwelling may be built thereon, provided that the width of the required side yards may be reduced by not more than 20% and to not less than three feet as to either.

H. Rear yard. In the C Residence District, the rear yard requirements shall be the same as in the A Residence District.

I. Building area. In the C Residence District, the building area restriction shall be the same as in the A Residence District.

J. Accessory building. In the C Residence District, the restrictions on and requirements for accessory buildings shall be the same as in the A Residence District.

[Amended 5-10-1976 by L.L. No. 10-1976; 3-14-1988 by L.L. No. 2-1988]

K. Permitted encroachments. In the C Residence District, the permitted encroachments shall be the same as are permitted in the A Residence District.

§ 435-18 RH Residence District.

[Added 6-27-1977 by L.L. No. 21-1977; amended 3-14-1988 by L.L. No. 2-1988; 7-24-1989 by L.L. No. 14-1989; 5-29-2012 by L.L. No. 3-2012]

A. Purpose.

(1) It has been determined by the Board of Trustees that there exists in the Village of Patchogue a significant population of residents of the age of 65 years and older. Available data indicate that many of such individuals are on a limited or fixed income and, because of their special circumstances, have a limited access to affordable housing.

(2) Many municipalities provide for housing designed to assist older persons in meeting their particular requirements. In addition to providing housing opportunities at a reasonable cost, such complexes often contain social, cultural and recreational facilities essential to the well-being of their occupants.

(3) The Board finds that there is a need in the Village of Patchogue for suitable housing for its older residents. It is consistent with an orderly and comprehensive plan of development for the entire Village community that such facilities be available. Poor planning can have an adverse effect on the health, safety and welfare of this significant segment of our population.

(4) Accordingly, the Board finds that this issue can be addressed effectively through the establishment of a special zoning district designed to provide for these special housing needs.

B. Uses. In the RH (Retirement Housing) Residence District, no building or premises shall be used and no building shall hereafter be erected or altered unless otherwise provided for in this chapter, except for one or more of the following uses:

(1) Garden apartments and apartment houses limited to the occupancy of persons who are 65 years of age or over, with the following exceptions:

(a) A husband or wife under the age of 65 years who is residing with his or her spouse who is 65 years of age or older.

(b) One child or grandchild residing with his or her parents or grandparents where one of said parents or grandparents with whom said child or grandchild is residing is 65 years of age or older, provided that said child or grandchild is over the age of 19 years.

(c) If there shall be no child or grandchild in residence under Subsection B(1)(b) above, one adult under the age of 65 if it is established to the satisfaction of the Village Board of Trustees that the presence of such adult is essential to the physical care and economic support of eligible older persons.

(d) Any building or premises with uses previously approved by the Planning Board under prior versions of § 435-18.

(2) Recreational and cultural facilities for the sole use of residents of the retirement housing unit and their guests, which may include but are not limited to the following: sitting areas, group game areas, swimming pools and other recreational facilities.

(3) Accessory uses. Necessary accessory buildings and uses, including facilities for maintenance, administration, sales offices, model buildings, gatehouses, off-street parking, storage facilities and professional and medical offices, where the services to be rendered are primarily for the benefit of the residents of the retirement housing facility, and those facilities necessary to the operation of utility systems serving said facility.

C. Height. In the RH Residence District, height restriction shall be the same as in the A Residence District.

D. Lot area. In the RH Residence District, no building shall be erected or altered on a lot having an area of less than one acre and a width of less than 100 feet at the street line and at the building line.

E. Front yard. In the RH Residence District, no building hereafter erected or altered shall have a front yard depth of less than 50 feet.

F. Corner lot. In the RH Residence District, such lot shall have a front yard along each street as provided in § 435-18E and one rear yard as is provided in § 435-18I.

G. Double-front lots. In the RH Residence District, the required front yard shall be provided on both streets.

H. Side yards. In the RH Residence District, there shall be two side yards, one on each side of the building or buildings. The total of the width of both side yards shall not be less than 50 feet, and neither side yard shall be less than 25 feet.

I. Rear yard. In the RH Residence District, the rear yard requirements shall be the same as in the A Residence District.

J. Building area. In the RH Residence District, principal and accessory buildings together shall not occupy more than 50% of the total lot area.

K. Permitted encroachments. In the RH Residence District, permitted encroachments shall be the same as are permitted in the A Residence District.

L. Multiple buildings. All restrictions applicable to garden apartments and apartment houses pursuant to the provisions of this chapter shall apply to all buildings within the RH Residence District.

M. Minimum requirements.

(1) Each dwelling unit shall have the following bath facilities included as a minimum: a lavatory, a water closet and a bathtub or stall shower. Shower stalls shall include a built-in seat or shall provide room enough for a bathstool. The size of the bathroom and arrangements of the fixtures, accessories and trim shall be selected for and provide the maximum features of design that contribute to the safety, convenience and aid of older persons. The floor finish shall be impervious to water, have nonslip characteristics and slope inward. The threshold shall be flush with the floor.

(2) The Village shall have the right to require that the applicant execute such agreements and covenants as may be required in the opinion of the Village Board of Trustees. Said agreements or covenants shall be such as may be recorded in the County Clerk's office and constitute a covenant running with the land. Same shall meet with the approval of the counsel to the Village and may only be modified or released as set forth in said covenant or agreement or by local law of the Village of Patchogue.

(3) All dwelling units shall be equipped with smoke detectors and emergency alarm systems which shall be installed to the satisfaction of the Building Inspector, and all requirements of Chapter 238 of this Code shall be satisfied at all times.

(4) In every RH Residence District development, there shall be included a separate community facility for the exclusive use of the residents and their guests, which community facility will include a kitchen and a bathroom.

(5) All dwelling units are to have grab bars in their bathroom.

(6) Recreational facilities and outdoor seating shall be provided and maintained as required by the Village Planning Board.

(7) Central laundry facilities adequate to service the occupants of all dwelling units within an RH Residence District facility shall at all times be provided and maintained.

(8) There shall at all times be maintained upon the premises an apartment which shall be occupied by a superintendent or custodian of the premises and a management office which may be in the same apartment.

(9) Upon the granting of any application for a change of zone to RH Residence District, the Board of Trustees may require the applicant to provide a bond in a sufficient amount to provide for the installation of all recreational and communal facilities. Such bond must then be delivered at the time application is made for the first building permit.

(10) All applications for a change of zone to RH Residence District shall be referred to the Planning Board for its recommendations. The Planning Board shall determine whether or not all of the requirements of this chapter and all other applicable provisions of this Code and any other rules, regulations and laws have been complied with by the applicant. The Planning Board shall review ingress and egress to and from all public highways into the premises; all drainage facilities and sewer facilities: the traffic pattern with the premises; the location and placement of such parking spaces, parking areas, loading areas and spaces, curbs, sidewalks and access driveways as may be required under this Code or by any municipal agency; and the placement of lights and signs on the premises. The Planning Board shall also review the location of structures upon the site as well as height, length, spacing, open spaces, landscaping and all other pertinent physical features and improvements.

(11) All apartments in the RH Residence District facility shall have no more than one bedroom, except that no more than 20% of the total number of apartments on each floor may have two bedrooms. All rooms other than living rooms, kitchens, bathrooms and dining areas shall be considered bedrooms.

(12) All habitable rooms in second-story dwelling units must be provided with wall-to-wall carpeting by the owner of the development.

§ 435-19 RPO Residence and Professional Office District.

[Added 9-23-1991 by L.L. No. 9-1991]

A. Uses. In the RPO Residence and Professional Office District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses;

(1) Any principal and accessory uses permitted in the A Residence District.

(2) Owner-occupied two-family dwellings, when allowed by a renewable three-year special permit of the Zoning Board of Appeals.

[Amended 11-12-1991 by L.L. No. 11-1991]

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection A(3), regarding garden apartments, apartment houses and multiple-family dwellings, was repealed 11-23-2020 by L.L. No. 8-2020.

(4) Professional offices, when allowed by special permit of the Zoning Board of Appeals.

(5) Any combination of the aforementioned uses, when allowed by special permit of the Zoning Board of Appeals.[2]

[2] Editor's Note: Original § 93-10.2B, defining "professional office," which immediately followed this subsection, was deleted 3-9-2009 by L.L. No. 7-2009. See now the definition of "professional office" in § 435-1.

B. Height. In the RPO Residence and Professional Office District, height restrictions shall be the same as in the A Residence District.

C. Lot area. In the RPO Residence and Professional Office District, no building or structure shall be erected or altered in size or use on a lot having an area of less than:

(1) Six thousand square feet for single-family and two-family dwellings.

(2) Twelve thousand square feet for all other residential uses, for professional office use and for any combination of any residential and professional office use.

D. Frontage. In the RPO Residence and Professional Office District, no building or structure hereinafter erected or altered in size or use shall have a width of less than 60 feet at the street line and at the building line.

E. Front yard. In the RPO Residence and Professional Office District, no building or structure hereinafter erected or altered in size or use shall have a depth of front yard of less than 25 feet. If, on the same side of the street, 40% or more of the total street line distance between the two nearest intersecting street lines shall have been improved with two or more buildings, then not less than the average depth of front yard so established shall be maintained; provided, however, that any such front yard shall not be required to be more than 35 feet.

F. Rear yard. In the RPO Residence and Professional Office District, the rear yard requirements shall be the same as in the A Residence District.

G. Side yards. In the RPO Residence and Professional Office District, there shall be two side yards, one on each side of the building. The total widths of both side yards shall be not less than 20 feet wide, and neither side shall be less than nine feet wide.

H. Corner lot. In the RPO Residence and Professional Office District, such lot shall have a front yard along each street as provided in § 435-19F and one rear yard as provided in § 435-19G.

I. Double-front lots. In the RPO Residence and Professional Office District, the required front yard shall be provided on both streets.

J. Building area. In the RPO Residence and Professional Office District, the building area restriction shall be the same as in the A Residence District.

K. Accessory buildings. In the RPO Residence and Professional Office District, the restrictions on and requirements for accessory buildings shall be the same as in the A Residence District.

L. Permitted encroachments. In the RPO Residence and Professional Office District, the permitted encroachments shall be the same as are permitted in the A Residence District.

M. Parking. In the RPO Residence and Professional Office District, the off-street parking requirements shall be as they are provided for in § 435-31 for residential and office uses as primary and not accessory uses of the premises.

N. Minimum size of a professional office. Any professional office shall be not less than 25% of the total floor area of the building and not less than 500 square feet.

O. Planning Board.

(1) In reviewing site plans under this section, the Planning Board shall apply the architectural design standards of § 435-16L of the Code.

(2) The Planning Board shall also apply the following standards:

(a) Signs. In addition to the requirements of Article VII and as the same shall be amended from time to time, only one professional sign shall be erected on the premises, with a maximum of two square feet for each professional office indicated, said sign shall be made out of wood, with the type and hours of illumination to be determined by the Planning Board.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(b) Adequate buffering and landscaping shall be provided to ensure that the residential character of the neighborhood will be preserved.

(c) The Planning Board shall consider the possibility of using stone blend or similar compositions for parking area surfaces. Drainage shall be contained on the subject parcel.

[Added 11-12-1991 by L.L. No. 11-1991]

P. Zoning Board.

(1) In reviewing applications for special permits under this section, the Zoning Board shall apply the standards of § 435-66C of the Code.

(2) In reviewing applications for special permits and variances under this section for professional office use on the premises, the Zoning Board also shall consider the following:

(a) The number of professionals and staff on the premises.

(b) The type of profession and hours of operation.

(c) The anticipated number of clients at any one time on the premises.

(d) The effect on traffic congestion and pedestrian safety in the immediate area.

(e) The compatability of the proposed professional office use with any residential use of the premises.

(3) A special permit for professional office use shall terminate immediately upon a violation of one or more of the conditions of the permit on three separate occasions within a three-year period. Said violation need not be of the same permit condition on the three separate occasions.

[Added 11-12-1991 by L.L. No. 11-1991]

§ 435-20 D1 Business District.

[Amended 1-25-1965; 7-11-1966; 9-12-1966; 9-8-1969; 1-14-1974; 2-25-1974; 2-28-1977 by L.L. No. 7-1977; 5-26-1981 by L.L. No. 9-1981; 9-14-1981 by L.L. No. 17-1981; 7-26-1982 by L.L. No. 18-1982; 1-13-1986 by L.L. No. 3-1986; 3-11-1991 by L.L. No. 5-1991; 11-25-1991 by L.L. No. 12-1991; 5-29-2012 by L.L. No. 3-2012; 2-12-2024 by L.L. No. 4-2024; 3-10-2025 by L.L. No. 4-2025]

A. Uses. In the D1 Business District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following permitted uses:

(1) (Reserved)

(2) (Reserved)

(3) (Reserved)

(4) Telephone exchanges.

(5) Offices and professional buildings for health-related services when authorized by special permit from the Board of Appeals.

(6) Shops and stores for the sale at retail of consumer merchandise and services, except for those uses permitted in the D5 Business District pursuant to § 435-24A of the Village Code.

(7) Personal service shops, such as barbershops, beauty parlors and like services.

(8) Bowling alleys.

(9) Banks, theaters, restaurants other than drive-in restaurants and offices for other than health-related services.

(10) Undertaking establishments.

(11) Commercial bathhouses or boathouses.

(12) Minor garages.

(13) Motor vehicle salesrooms as permanent buildings, and used car lots, together with automobile service facilities other than body shops accessory to same, when permitted as a special exception by the Board of Appeals.

(14) Game rooms, when allowed by special permit of the Zoning Board of Appeals. Said permits shall commence January 1 of one year and shall expire on December 31 of the following year unless renewed upon timely application.

(15) Other uses which, in the opinion of the Board of Appeals, meet the standards set forth in § 435-66C of this chapter and are of the same general character as those listed as permitted uses in this district.

(16) (Reserved)

(17) Billiard parlors, when authorized by special permit from the Board of Appeals.

B. Height. In the D1 Business District, no building or structure hereafter erected or altered shall exceed 45 feet or three stories, except that public or semipublic buildings or structures may be erected to a height not to exceed 50 feet when set back an additional one foot on all sides for each foot such building exceeds the height of 45 feet.

C. Lot area. In the D1 Business District, no building shall be erected or altered on a lot having an area less than 5,000 square feet and upon a lot having a frontage of less than 40 feet.

D. Front yard. In the D1 Business District, the required front yard depth shall be not less than 10 feet. If 40% or more of the distance of the street frontage on the same side of the street between the two nearest intersecting streets shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefor, not less than the average front yard depth as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 25 feet.

E. Double-front or corner lots. In the D1 Business District, the required front yard shall be provided for on both streets.

F. Rear yard. In the D1 Business District, there shall be a rear yard having a minimum depth of 15 feet.

G. Building area. In the D1 Business District, the total building area shall not exceed 75% of the total lot area.

H. Accessory buildings. In the D1 Business District, accessory buildings may occupy 50% of the required rear yard, up to an average height of 18 feet.

§ 435-21 D2 Business District.

[Amended 6-29-1964; 9-12-1966; 1-14-1974; 12-28-1981 by L.L. No. 28-1981; 3-11-1991 by L.L. No. 5-1991; 6-22-2009 by L.L. No. 18-2009; 6-22-2015 by L.L. No. 7-2015; 6-25-2018 by L.L. No. 4-2018]

A. Uses. In the D2 Business District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses:

[Amended 2-8-2021 by L.L. No. 2-2021; 8-22-2022 by L.L. No. 5-2022; 2-12-2024 by L.L. No. 4-2024]

(1) Any use permitted in the D1 Business District.

(2) Any use permitted in any residence district, except for one-family and two-family dwellings, retirement housing, garden apartments, apartment houses, townhouses, and any other multifamily and multiunit dwellings. Said exceptions are permitted when part of a mixed-use development with retail on the ground floor.

(3) Shops and stores for wholesale and retail consumer merchandise and services, except for those uses permitted in the D5 Business District pursuant to § 435-24A of the Village Code.

(4) Laundromats, when allowed as a special exception by the Board of Appeals as hereinafter provided.

(5) Other uses which, in the opinion of the Board of Appeals, meet the standards set forth in § 435-66C of this chapter and are of the same general characterization as those listed as permitted uses in this district.

B. Height. In the D2 Business District, the height restrictions shall be the same as in the D1 Business District.

C. Lot area. In the D2 Business District, the lot area requirements shall be the same as in the D1 Business District.

D. Front yard. In the D2 Business District, the required front yard depth shall be not less than 10 feet. If 40% or more of the distance of the street frontage on the same side of the street between the two nearest intersecting streets shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefor, not less than the average front yard depth as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 25 feet.

E. Double-front or comer lots. In the D2 Business District, the required front yard shall be provided for on both streets.

F. Rear yard. In the D2 Business District, there shall be a rear yard having a minimum depth of 15 feet.

G. Building area. In the D2 Business District, the total building area shall not exceed 75% of the total lot area.

H. Accessory buildings. In the D2 Business District, the restrictions on accessory buildings shall be the same as in the D1 Business District.

I. Parking. In the D2 Business District, parking shall be provided as follows.

[Added 1-11-2021 by L.L. No. 1-2021].

(1) Notwithstanding § 435-32 of the Village Code, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in § 435-31 of the Village Code.

(2) When one story of a primary building is used as under-structure parking or rooftop parking, it shall not count towards the building's maximum height as set forth in this section. Additional stories used as under-structure parking or rooftop parking shall count toward the building's maximum height as set forth in this section.

§ 435-22 D3 Business District.

[Amended 11-24-1969; 2-9-1981 by L.L. No. 1-1981; 3-11-1991 by L.L. No. 5-1991; 8-22-2005 by L.L. No. 10-2005; 1-12-2009 by L.L. No. 1-2009; 11-25-2013 by L.L. No. 18-2013; 1-26-2015 by L.L. No. 1-2015; 4-25-2016 by L.L. No. 5-2016; 9-12-2016 by L.L. No. 7-2016; 2-8-2021 by L.L. No. 2-2021; 11-25-2024 by L.L. No. 14-2024]

A. Uses. In the D3 Business District, no building or premises shall be used, and no building shall be hereafter erected or altered, unless otherwise provided for in this chapter, except for one or more of the following uses:

(1) Any use permitted in the D2 Business District, except for the following uses:

(a) Catering facilities; restaurant businesses with seating in excess of 150 persons.

(b) Schools: private, public, parochial, business and professional, except when approved by the Board of Trustees after a public hearing in accordance with the procedure set forth in Article X.

(c) Billiard parlors.

(d) Taxi dispatch office required under § 390-6B of the Code of the Village of Patchogue.

(e) Laundromats.

(f) Kennels.

(g) Minor and private garages.

(h) Convenience stores.

(2) Tattoo parlor.

(a) No person shall open or maintain a tattoo parlor within the D3 Business District unless by special permit of the Zoning Board of Appeals.

(b) The tattoo parlor shall be an accessory use to some other principal use, and the size of the area designated for tattooing use shall remain less than 50% of the total square footage of the premises.

(c) Tattooing shall be limited to a maximum of two tattoo chairs.

(d) Tattooing and tattooing chairs shall not be in view of the public.

(e) No signage shall be permitted on the exterior of the premises that indicates that tattooing is conducted at the premises.

(f) Tattooing shall be done on an appointment-only basis. There will be no walk-in customers permitted.

(g) There shall be no tattoo catalogs displayed or visible to the public.

(h) A certificate of compliance issued to a tattoo parlor is not transferable.

B. Restrictions and requirements. In the D3 Business District, the restrictions and requirements as to height, lot area, front yard, double front lot, rear yard, building area and accessory buildings shall be the same as the D2 Business District.

C. Off-street parking. Adequate off-street parking must be provided in accordance with Article IV of Chapter 435. Any property located within the D3 Business District, proximate to municipal parking facilities, shall be credited with a number of parking spaces towards the fulfillment of the property uses' off-street parking requirement. The number of parking spaces to be credited shall be calculated as the number of spaces at the retail and service business rate as set forth in § 435-31A(8), which is one parking space for every 150 square feet of gross floor area of the building, not including nonhabitable and/or basement space. Any additional square footage added as a result of new construction, alteration, expansion or enlargement of the premises after the enactment of this subsection shall not be eligible for the parking credit, with the exception of retail businesses and professional offices, whose additional square footage shall be counted in calculating the parking credit. Any new construction, change of use, expansion or enlargement of the premises requiring additional parking, beyond the parking credit, shall be subject to the "payment in lieu of parking space" fee for use of municipal parking as adopted by resolution of the Village Board of Trustees, which fee shall not exceed $75,000. Payment shall be required prior to the issuance of a building permit and the parking fee shall be added to a fund used to create municipal parking in, and adjacent to, the district.

D. The Zoning Board of Appeals may grant a special exception to the provisions of § 435-22C in regard to an existing building and authorize the expansion or alteration of such building without requiring additional parking upon a finding that such special exception is reasonably necessary to the continuance of an existing use.

§ 435-23 D4 Business District.

[Added 2-28-1966]

A. Uses. In the D4 Business District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in the ordinance, except for one or more of the following permitted uses:

(1) Garden apartments and apartment houses, when approved by the Board of Trustees pursuant to § 435-80 of this chapter.

(2) Hotels and motels.

(3) Telephone exchanges.

(4) Shops and stores for the sale at retail of consumer merchandise and services, and personal service shops, restaurants and wholesale establishments and warehouses, when allowed as a special exception by the Board of Appeals as hereinafter provided.

(5) Offices and professional buildings.

(6) Undertaking establishments.

(7) Other uses which, in the opinion of the Board of Appeals, meet the standards as set forth in § 435-66B of this chapter.

B. Height. In D4 Business District, the height restrictions shall be the same as in D1 Business District.

C. Lot area. In D4 Business District, the lot area requirements shall be the same as in D1 Business District.

D. Front yard. In D4 Business District, the required front yard depth shall be not less than 10 feet. If 40% or more of the distance of the street frontage on the same side of the street between the two nearest intersecting streets shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefor, not less than the average front yard depth as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 25 feet.

E. Double-front lot. In D4 Business District, the required front yard shall be provided for on both streets.

F. Corner lot. In D4 Business District, such lots shall have a front yard on each street.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. Rear yard. In D4 Business District, there shall be a rear yard having a minimum depth of 15 feet.

H. Building area. In D4 Business District, the total building area shall not exceed 75% of the total lot area.

I. Accessory buildings. In D4 Business District, the restrictions on accessory buildings shall be the same as in D1 Business District.

J. Parking. In D4 Business District, parking shall be provided pursuant to the provisions of §§ 435-31A, 435-32, 435-33, 435-34 and 435-35 inclusive of this chapter, except that the parking provided shall be located on the rear yard of the premises for which it is provided. This regulation limiting the required off-street parking to the rear yard may be varied by the Board of Appeals after application to it and a public hearing. The Board of Appeals, in granting a variance to the provisions of this subdivision, shall determine whether the proposed variance will be in harmony with the existing traffic and parking conditions and will adversely affect the safety, welfare and convenience of the public and whether there are practical difficulties in the way of strictly carrying out this regulation.

§ 435-24 D5 Business District.

[Added 9-12-1966]

A. Uses. In D5 Business District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses:

(1) Public garages.

(2) Filling stations.

(3) Drive-in restaurants.

(4) Motor vehicle washing businesses or structures except those that are incidental or accessory to a public garage or filling station.

[Added 2-24-1969]

(5) Sale, distribution or dispensing of any goods, wares, merchandise or services to persons while said persons are in automobiles or other motor vehicles.

[Added 12-10-1973]

(6) Ministorage facility.

[Added 11-10-2008 by L.L. No. 15-2008]

B. Height. In D5 Business District, the height restrictions shall be the same as in D1 Business District.

C. Lot area. In D5 Business District, the lot area requirements shall be the same as in D1 Business District.

D. Front yard. In D5 Business District, the required front yard depth shall be not less than 10 feet. If 40% or more of the distance of the street frontage on the same side of the street between the two nearest intersecting streets shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefor, not less than the average front yard depth as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 25 feet.

E. Double-front or corner lots. In D5 Business District, the required front yard shall be provided for on both streets.

F. Rear yard. In D5 Business District, there shall be a rear yard having a minimum depth of 15 feet.

G. Building area. In D5 Business District, the total building area shall not exceed 75% of the total lot area.

H. Accessory buildings. In D5 Business District, the restrictions on accessory buildings shall be the same as in D1 Business District.

I. Public garages and filling stations shall be restricted as follows:

(1) No repair work shall be permitted in the open.

(2) Pumps, lubricating and other devices shall be located at least 25 feet from the line of any street or highway right-of-way.

(3) All fuel, oil or similar substances shall be stored at least 35 feet distant from any street or lot line.

(4) No motor vehicles, automobile parts, dismantled vehicles and similar articles shall be stored in the open.

(5) Where abutting property is zoned or used for residential purposes, a brick, stone or architectural stone wall or split-cedar stockade-type fence six feet in height shall be required along such property line, together with such other screening as may be deemed necessary by the Planning Board.

(6) All exterior lighting shall be shielded so that the source of light is not visible from any point off the property.

(7) Drainage of stormwater shall be provided for on the site, and the site development plan shall indicate facilities provided for this purpose.

(8) The plot shall be provided with curbs, and there shall be no more than two curb cuts on any road frontage.

(9) Planting strips containing evergreens, shrubs or hedges shall be installed and maintained adjacent to any lot line which abuts residentially zoned property, unless in the opinion of the Planning Board solid walls or fences provide adequate screening.

(10) No flashing, intermittent or revolving signs, or flags, pennants and banners, shall be permitted, and all other signs shall comply with Article VII of this chapter, except that no more than one sign advertising petroleum products may be maintained for each road frontage and each such sign shall not exceed the dimensions permitted by the provisions of Article VII of this chapter.

(11) Overnight outdoor parking of any vehicle shall not be permitted.

(12) No debris, junk, empty cans or garbage shall be permitted to remain outdoors.

(13) Gasoline, diesel fuel and/or other motor fuel may be dispensed on a self-service basis on the condition that at least one full-service island be opened and staffed during the hours of operation. Fuel from said full-service island during the hours of operation shall be dispensed only by an employee of the public garage or filling station. Automatic fire suppression systems approved by the Fire Inspector shall be provided and maintained in working order over any self-service island containing one or more such self-service pump, and all other applicable local, county and state laws, rules and regulations shall be adhered to. These provisions shall apply not only to public garages and filling stations in D5 Business Districts, but to all public garages and filling stations which may exist by nonconforming use.

[Added 11-10-1975 by L.L. No. 16-1975; 9-14-1987 by L.L. No. 15-1987]

J. Drive-in restaurants shall be restricted as follows:

(1) A trash container of a size and type approved by the Building Inspector shall be provided for every five parking stalls and shall be securely fastened down in a manner and at places on the premises approved by the Building Inspector.

(2) Traffic controls consisting of curbs, signs and/or lights, or any other method of parking and traffic controls necessary, shall be provided and maintained according to the plans submitted and approved by the Village Board.[1]

[1] Editor's Note: Original § 93-15K, Site plan review and approval, which followed this subsection, was repealed 12-23-1974 by L.L. No. 20-1974. Site plan approval provisions are now found in Article XIII.

K. With respect to any use referred to in Subsection A of this section, the provisions of Subsection J(2) shall apply.

[Added 12-10-1973]

§ 435-25 E Industrial District.

A. Uses. In E Industrial Districts, buildings, structures and premises may be used for any lawful business or industrial use, except as otherwise provided in this chapter and except for the following prohibited uses:

[Amended 9-12-1966; 9-8-1969; 2-28-1977 by L.L. No. 7-1977; 11-10-1980 by L.L. No. 17-1980; 2-22-1982 by L.L. No. 10-1982; 11-12-1985 by L.L. No. 18-1985]

	Abattoirs
	Actylene, natural or any type of gas manufacture and the storage thereof
	All types and kinds of acid manufacture as a principal industry
	Ammonia, bleaching powder or chlorine manufacture
	Arsenal
	Asphalt manufacture or refining
	Bag cleaning
	Billiard parlors, except when authorized by special permit from the Board of Appeals [Added 3-11-1991 by L.L. No. 5-1991]
	Blast furnace
	Boat storage in boat racks, except when authorized by special permit from the Board of Appeals [Added 9-14-1987 by L.L. No. 13-1987]
	Boiler works
	Brick, tile or terra cotta manufacture
	Burlap manufacture
	Candle manufacture
	Celluloid manufacture
	Cement, lime, gypsum or plaster of paris manufacture
	Chemical works and manufacture
	Coal-tar products manufacture
	Coke oven
	Commercial center except when authorized by special permit from the Board of Trustees
	Crematory, not connected with cemetery
	Creosote treatment or manufacture
	Disinfectant manufacture
	Distillation of bones, coal or wood
	Dyestuff manufacture
	Emery cloth and sandpaper manufacture
	Explosives manufacture, storage or processing
	Exterminator and insect poisons manufacture
	Farmers' market, except when authorized by special permit from the Board of Trustees
	Fat rendering
	Fertilizer processing, manufacture and bone grinding
	Fireworks or explosives processing, manufacture or storage
	Fish smoking and curing
	Forge plant
	Garbage, waste, or solid waste handling, management, sorting, depositing, transferring, loading, treatment, separation, or any other aspect related thereto [Amended 3-8-2021 by L.L. No. 4-2021]
	Gas manufacture of all types
	Gasoline filling station
	Glue, size or gelatine manufacture
	Gunpowder manufacture, processing or storage
	Incinerating or reduction of garbage, dead animals, offal or refuse
	Ink manufacture
	Iron, steel, brass or copper foundry
	Junkyard
	Lampblack manufacture
	Motel
	Nursing home
	Offal or dead animals reduction, dumping or incineration [Added 3-8-2021 by L.L. No. 4-2021]
	Oilcloth or linoleum manufacture
	Oiled, rubber or leather goods manufacture
	Oil reduction
	Paint, oil, shellac, turpentine or varnish manufacture
	Paper and pulp manufacture
	Personal service shops and stores and shops for the sale at retail of consumer merchandise or services, or both, except when authorized by special permit from the Board of Trustees
	Petroleum products refining or wholesale storage of petroleum
	Places of amusement and recreation areas, except when authorized by special permit from the Board of Trustees
	Plastic compounds manufacture, except when authorized by special permit from the Board of Trustees
	Plating works
	Potash works
	Printing ink manufacture
	Public garage
	Pyroxylin manufacture
	Recycling center
	Residential purposes of any kind, including all types of dwellings and housing, except when authorized by special permit from the Board of Trustees
	Rockcrusher
	Rolling mill
	Rubber or gutta-percha manufacture or treatment
	Sauerkraut manufacture
	Sausage manufacture
	Shoe blacking manufacture
	Shops and stores for the wholesale or retail sale of merchandise or services and offices, except when authorized by special permit from the Board of Trustees. [Added 1-13-1986 by L.L. No. 3-1986]
	Shredding of automobiles, scrap metal or other metallic substances
	Smelters
	Soap manufacture
	Soda and compound manufacture
	Steel or cast-iron pipe manufacture
	Stockyards
	Stone mill or quarry
	Storage or bailing of scrap paper, iron, bottles, rags or junk, except when authorized by special permit from the Board of Trustees
	Stove polish manufacture
	Tallow, grease or lard manufacture or refining from animal fat
	Tanning, curing or storage of rawhides or skins
	Tar distillation or manufacture
	Tar roofing or waterproofing manufacture
	Tobacco manufacture or treatment
	Vinegar manufacture
	Wool pulling or scouring
	Yeast plant
	Any uses permitted in D5 Business Districts except when immediately adjacent to such D-5 Business District merged and developed with a single user [Amended 11-10-2008 by L.L. No. 15-2008]
	Any uses permitted in H Business Districts
	Any uses permitted in X Business Districts
	Any other trade, business, industry, use or industrial process that may be injurious, hazardous, noxious or offensive to the surrounding area by reason of the emission of odor, dust, light, smoke, soot, gas, fumes, vibration, noise or similar substances or conditions

B. Height. In the E Industrial District, no building or structure hereafter erected or altered shall exceed 45 feet, except when authorized upon approval of the Board of Appeals as hereinafter provided.

[Amended 2-25-1974]

C. Lot area. In the E Industrial District, no building shall be erected or altered on a lot having an area less than 10,000 square feet or upon a lot having a frontage of less than 50 feet.

D. Front yard. In the E Industrial District, the required front yard depth shall be not less than 10 feet. If 40% or more of the distance of the street frontage on the same side of the street between the two nearest intersecting streets shall have been improved with two or more buildings or in the event that building permits shall have been issued therefor, not less than the average front yard depth as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 25 feet.

E. Double-front lots. In the E Industrial District, the required front yard shall be provided for on both streets.

F. Corner lots. In the E Industrial District, such lots shall have a front yard on each street as is provided for in § 435-25D.

G. Rear yard. In the E Industrial District, there shall be a rear yard having a minimum depth of 25 feet.

H. Building area. In the E Industrial District, the total building area shall not exceed 75% of the total lot area.

§ 435-26 H Business District.

[Added 9-8-1969; amended 2-25-1974; 6-13-1977 by L.L. No. 20-1977; 2-8-1982 by L.L. No. 9-1982; 12-9-1985 by L.L. No. 20-1985; 3-14-1988 by L.L. No. 2-1988; 4-9-1990 by L.L. No. 2-1990; 5-29-2012 by L.L. No. 3-2012]

A. Uses. In the H Business District, no building or premises shall be used and no building shall hereinafter be erected or altered unless otherwise provided for in this chapter, except for one or more of the following permitted uses. The following types of facilities are as they are defined in the New York State Public Health, Social Service and Mental Hygiene Laws and in the various rules and regulations of the New York State Department of Health, Social Services and Mental Hygiene or any of the agencies and subdivisions thereof, unless otherwise defined in this Code:

(1) Personal supervision facilities:

(a) Nursing homes.

(b) Hospitals.

(c) Residential health-care facilities.

(d) Extended-care facilities.

(e) Emergency or temporary shelters.

(f) Adult-care facilities limited to the occupancy of persons who are 65 years of age or over.

(g) Community residences.

(h) Residential treatment facilities.

(i) After-care facilities.

(j) Public homes.

(k) Supervised or supportive living facilities.

(l) Rehabilitation or halfway homes.

(m) Continuing-care retirement communities limited to the occupancy of persons who are 65 years of age or over.

(2) Rental dwellings:

(a) Residence hotels.

(b) Boardinghouses.

(c) Lodging houses.

(d) Rooming houses.

(e) Motels.

(3) Health facilities:

(a) Health-related facilities, including diagnostic or treatment centers.

(b) Outpatient care facilities.

(c) Clinics.

(d) After-care treatment facilities.

(e) Psychiatric and public health centers.

B. Height. In the H Business District, no building or structure hereafter erected or altered shall exceed 35 feet or three stories in height.

C. Lot area. In the H Business District, no building shall be erected or altered on a lot having an area of less than 15,000 square feet and any width of less than 100 feet at the street line and at the building line.

D. Front yard. In the H Business District, no building hereinafter erected or altered shall have a front yard depth less than 30 feet.

E. Corner lot. In the H Business District, such lot shall have a front yard along each street as provided in § 435-26D and one rear yard as provided in § 435-26H.

F. Double-front lots. In the H Business District, the required front yard shall be provided on both streets.

G. Side yards. In the H Business District, there shall be two side yards, both of which, on either side of the building, shall not be less than 20 feet.

H. Rear yard. In the H Business District, there shall be a rear yard having a minimum depth of 50 feet.

I. Building area. In the H Business District, the total building area shall not exceed 15% of the lot area.

J. Accessory building. In the H Business District, the restrictions on accessory buildings shall be the same as for the A Residence District.

K. Parking. In the H Business District, off-street parking shall be required to be provided pursuant to the provisions of Article IV of this chapter, except that there shall not be less than one parking space provided for each two patient beds in the uses permitted under Subsection A(1)(a) of this section and not less than one parking space for each rentable room in the uses permitted under Subsection A(1)(b) of this section.

L. Site plan review and approval. In the H Business District, the provisions for site plan review and approval shall be the same as are set forth for the D5 Business District in Article XIII of this chapter.

M. All references herein to residence hotels, boardinghouses, rooming houses and lodging houses shall mean any building in which there shall be quarters occupied by any persons, exclusive of the family of the owner or occupant.

§ 435-27 X Business District.

[Added 1-11-1982 by L.L. No. 3-1982]

A. Uses. In the X Business District, no building or premises shall be used, and no building shall be hereafter erected or altered, except for use as an adult establishment. An adult establishment shall not be permitted in any other use district of the Village of Patchogue.

B. Restrictions and requirements. In the X Business District, the restrictions and requirements as to height, lot area, double front lot, building area and accessory buildings shall be the same as in D1 Business District.

C. Front yard. In the X Business District, the required front yard depth shall be not less than 25 feet.

D. Rear yard. In the X Business District, there shall be a rear yard having a minimum depth of 25 feet.

E. Site improvements. In addition to the requirements for site plan approval by the Planning Board as set forth in this chapter, the following site improvements shall be set forth on a site plan submitted to and approved by the Board of Trustees, and such site improvements shall at all times be maintained:

(1) A brick, stone or architectural stone wall or split cedar stockade-type fence six feet in height shall be required along each property line, together with such screening as may be deemed necessary by the Planning Board or the Board of Trustees.

(2) All exterior lighting shall be shielded so that the source of light is not visible from any point off the property.

(3) The plot shall be provided with curbs and there shall be no more than one curb cut on any road frontage.

(4) Planting strips containing evergreen shrubs or hedges shall be installed on each lot line.

(5) No flashing, intermittent or revolving signs or flags, pennants and banners shall be permitted, and no sign shall be erected without prior approval of the dimensions and lettering of said sign by the Board of Trustees. No signs shall contain any material other than block lettering which shall have been so approved.

§ 435-28 WD Waterfront Development District.

[Added 6-27-1983 by L.L. No. 16-1983]

A. Uses. It is intended, in the creation of this zoning district, that lands which have a direct relationship to or impact upon the waterfront areas within the Village of Patchogue shall be developed to enhance the waterfront's recreational, historic, scenic, cultural, residential and commercial values and to preserve and enhance these values for the future. It is further intended that development in this district encourage design features and views that best capture the relationship between waterfront and upland and that create opportunities for pedestrian access to and along the waterfront. It is further intended that water-dependent activities (such as marinas or bait and tackle shops) and water-enhanced activities (restaurants and motels) are not preempted by non-water-related activities. Therefore, in the WD Waterfront Development District, no building or premises shall be used, and no building shall be hereafter erected or altered, except for one or more of the following permitted uses:

(1) Restaurants other than drive-in restaurants when located within 100 feet of the waterfront.

(2) Hotels and motels when located within 250 feet of the waterfront.

(3) Marinas, cruise piers, commercial boathouses, yacht basins and boat repair yards that are incidental to other permitted uses set forth under this Subsection A.

(4) Facilities for sightseeing, excursion party and fishing boats.

(5) Membership boating and yacht clubs.

(6) Shops, stores and other facilities for the sale of goods and services at wholesale and/or retail, when located within 250 feet of the waterfront when allowed as a special exception by the Board of Appeals and which are found by that Board to be related to or enhanced by the waterfront location. Such activities include, but are not limited to, the sale of fish and fish products, the sale of marine and boating products and tourist-related shops and activities. The Board may not grant any such special exception without first having secured the recommendation of the Planning Board in connection with the proposed use or development as part of the Planning Board's site plan review.

(7) One-family dwellings.

(8) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use, and including but not limited to the following:

(a) Buildings accessory to a residential use subject to the restrictions contained in § 435-15J above.

(b) Swimming pools, tennis courts and similar recreational facilities.

(c) Outdoor storage of boats.

(d) Fully enclosed and screened storage areas.

(e) Boat storage in boat racks when authorized by special permit from the Board of Appeals.

[Added 9-14-1987 by L.L. No. 13-1987]

B. Building lot regulations for one-family dwellings. Subsections B through K of § 435-16 shall apply.

C. Lot regulations for all hotels, motels and boatels.

(1) Height. No such building or structure hereafter erected or altered shall exceed 35 feet or three stories.

(2) Lot area. No building shall be erected or altered on a lot having an area of less than 40,000 square feet and a width of 100 feet at the street line and at the building line.

(3) Front yard. No such building hereafter erected or altered shall have a depth of front yard less than 50 feet.

(4) Corner lots. Each such lot shall have a front yard along each street as is provided in § 435-28C(3) and one rear yard as is provided in § 435-28C(7).

[Amended 3-14-1988 by L.L. No. 2-1988]

(5) Double front lots. The required front yard shall be provided on both streets.

(6) Side yards. There shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 50 feet, and neither side yard shall be less than 25 feet.

(7) Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

(8) Building area. The total building area shall not exceed 25% of the lot area.

(9) Density and floor area. There shall be at least 1,500 square feet of land area for each lodging unit or 29 units per acre with a minimum habitable floor area of 250 square feet per unit.

D. Lot regulations for all other permitted uses.

(1) Height. No such building or structure hereafter erected or altered shall exceed 35 feet or three stories.

(2) Lot area. No building shall be erected or altered on a lot having an area less than 7,500 square feet and a width of less than 75 feet at the street line and at the building line.

(3) Front yard. No such building hereafter erected or altered shall have a depth of front yard less than 25 feet.

(4) Corner lots. Each such lot shall have a front yard along each street as is provided in § 435-28D(3) and one rear yard as is provided in § 435-28D(7).

[Amended 3-14-1988 by L.L. No. 2-1988]

(5) Double front lots. The required front yard shall be provided on both streets.

(6) Side yards. There shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 20 feet, and neither side yard shall be less than 10 feet.

(7) Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

(8) Building area. The total building area shall not exceed 40% of the lot area.

§ 435-29 GW General Waterfront District.

[Added 6-27-1983 by L.L. No. 16-1983]

A. Uses. It is intended, in the creation of this district, to provide for a range of industrial and/or wholesale activities that conform to a high level of performance standards and are dependent on or particularly benefit from a waterfront location in the Village of Patchogue. In the GW General Waterfront District, no building or premises shall be used, and no building shall be hereafter erected or altered, except for one or more of the following uses:[1]

(1) Wholesale distribution of fish and seafood products.

(2) Ship and boat building and repairing.

(3) Marine cargo handling.

(4) Marinas, boatyards and commercial boathouses.

(5) Barge and ferry operations.

(6) All other uses permitted in the WD Waterfront Development District.

(7) Light manufacturing activities when clearly ancillary or secondary to boating activities and which were in operation on the site concerned as of May 1, 1982, when authorized by the Board of Appeals as a special exception. Reference herein to "ancillary" or "secondary" means that:

(a) No more than 15% of the land and buildings are related to such manufacturing.

(b) Light manufacturing does not account for more than 25% of the gross sales produced from activities located on the site.

(c) No such special exception shall be granted without first having secured the recommendation of the Planning Board in connection with the proposed use or development as part of the Planning Board's site plan review.

(8) Boat storage in boat racks when authorized by special permit from the Board of Appeals.

[Added 9-14-1987 by L.L. No. 13-1987]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Lot restrictions and requirements. In the GW District, the restrictions and requirements as to height, lot area, front yard, double-front lot, rear yard, building area and accessory buildings shall be the same as in the WD District.

§ 435-30 DRD (Downtown Redevelopment District).

[Added 4-21-2008 by L.L. No. 3-2008]

A. Purpose.

(1) In November 2002, the Suffolk County Department of Planning released a "Village of Patchogue Downtown Business District Study" (the "District Study"), which had been prepared at the request of the Village and is hereby considered by the Village.

(2) Among other things, the District Study recognized that there were portions of the Village's downtown that could benefit from redevelopment improvements, including the area along North Ocean Avenue and West Main Street.

(3) In 2007, the Village commissioned a blight study of the area of North Ocean Avenue and West Main Street to determine whether buildings within such area were contributing to a blighted condition of that area, which study determined that certain buildings are in a blighted condition and depress the economy and value of such area, and, by inference, supports many of the conclusions provided in the District Study.

(4) Among the recommendations made in the District Study was that the Village should pursue and implement a strategy for the growth and revitalization of the downtown business district that will, among other things:

(a) Continue the revitalization of the downtown district;

(b) Encourage retail and destination uses in the downtown core;

(c) Encourage development of residential units within walking distance of the downtown;

(d) Improve the economic base of the Village by creating jobs and expanding the tax base; and

(e) Encourage the business district to become a cleaner, safer, more appealing, and interesting place to live, walk, work, eat, shop, and do business.

(5) Other specific recommendations in the District Study regarding revitalization of the Village's downtown were that:

(a) The Village's existing zoning code be amended to encourage mixed-use development, with an emphasis on retail uses on the first floor;

(b) Lots be permitted to be assembled, in certain cases, to allow for better planned commercial or mixed uses;

(c) The Village consider "Smart Growth" principles in redevelopment;

(d) Redevelopment or new commercial development in the core of the business district include ground-floor retail, with office or residential uses above;

(e) In-fill development be encouraged, to close the gaps in the core of the business district;

(f) The buildings on the north side of Main Street and west side of North Ocean Avenue be refurbished or razed and rebuilt, and the first floor of any new buildings on such sites contain retail and services businesses; and

(g) The aforesaid building sites be possibly redeveloped with a hotel, which would be within walking distance of the Patchogue Theatre and the downtown area, and would also be accessible to the marinas and ferries of the Patchogue River.

(6) The Village further recognizes that there is a demonstrated need and/or desire for workforce housing units, apartments, condominiums, offices, and other business uses in the downtown area of the Village.

(7) To implement the recommendations of the aforesaid Suffolk County Department of Planning Study, and also to address, in part, the need for workforce housing units, offices, and other business uses in the Village, this Downtown Redevelopment District (DRD) is established, as a floating zone, subject to approval by the Village Board of Trustees in each case and in accordance with an approved preliminary development concept plan, as described and defined herein.

B. Application procedure. The procedure for zone change and development approval of any proposed DRD (or the extension or expansion of an existing DRD) shall involve a two-stage review process, as follows:

(1) Approval of a preliminary development concept plan and the reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Board of Trustees; and

(2) Approval of a final detailed site development plan, and a subdivision plat, if applicable, by the Board of Trustees.

C. Application to the Board of Trustees for zone change approval. Application for establishment, extension, or expansion of a DRD shall be made by submitting 10 copies of the application to the Board of Trustees. The application shall include, at a minimum, the following:

(1) The names and addresses of the property owner(s), the applicant(s), if other than the owner(s), and the planner, engineer, architect, surveyor, and/or other professional engaged to work on the project.

(2) Where the applicant(s) is/are not the owner(s) of the property, written authorization from the owner(s) for the submission of the application.

(3) A written statement describing the nature of the proposed project, how it is designed to serve the purposes of this section, the site's relationship to immediately adjoining properties and the surrounding neighborhood, the availability and adequacy of community facilities and utilities to serve the site, and the safety and capacity of the public roadways in the area of the site in relation to the anticipated traffic generation from the site.

(4) A written statement of the proposed method of ownership and maintenance of all common utilities, common facilities, and areas of open space within the proposed development.

(5) A written statement of the method that will be used to ensure compliance with the workforce housing and eligibility requirements of this section.

(6) A preliminary development concept plan for the proposed project, drawn to a convenient scale, and including the following:

(a) The area of the project site, in both acres and square feet;

(b) A site location sketch indicating the location of the project site with respect to neighboring streets and properties, the names of all owners of property within 200 feet of the site, the existing zoning of the site, and the location of all zoning district boundaries in the surrounding neighborhood; and

(c) A preliminary site development plan, indicating the approximate location and design of all buildings, the arrangement of parking areas and access drives, the general nature and location of other proposed site improvements, and the lot configuration if applicable.

(7) An application fee, which shall be established from time to time by resolution of the Board of Trustees.

(8) A Long Environmental Assessment Form, as required by the New York State Environmental Quality Review Act ("SEQRA" — Article 8 of the Environmental Conservation Law) and the SEQRA implementing regulations at 6 NYCRR Part 617.

(9) Such other information as may be determined necessary by the Board of Trustees in order to properly enable them to review and decide upon the application.

D. Procedure for zone change approval.

(1) The Board of Trustees may determine, at any time, with or without a public hearing, and with or without review pursuant to SEQRA and its implementing regulations, that an application for zone change approval pursuant to this section will not be entertained.

(2) If the Board of Trustees determines to entertain an application for zone change approval pursuant to this section, the Board of Trustees shall schedule and hold a public hearing on the application pursuant to the same notice and procedural requirements that are generally prescribed by law for Village zoning amendments.

(3) The requirements of SEQRA and its implementing regulations shall be complied with for any application pursuant to this section.

E. Criteria for zone change approval and development. In determining whether to grant an application for establishment, extension, or expansion of a DRD, the Board of Trustees, in addition to exercising their discretion in considering a change of zone, shall also determine that the application complies with all the following requirements:

(1) Location. A DRD may be established, extended, or expanded within the area bounded on the north by Lake Street, on the east by North Ocean Avenue, on the south by Main Street, and on the west by West Avenue. Any area proposed for expansion or extension of a DRD shall be located within the area set forth above and shall adjoin (i.e., be located either adjacent to or across the street from) an existing DRD.

(2) Minimum site size. The minimum land area required for the establishment of a DRD shall be 1.75 acres (inclusive of any municipally owned lands that may be included within the preliminary or final development plan), except that there is no minimum land area required for the addition of lands to an existing DRD where such addition is being proposed by the developer of the existing DRD, or by an affiliate under the common ownership or control of such developer. In any event, however, any site proposed for establishment of a DRD shall be of such shape, dimension, topography, and location as will allow for an appropriate and attractive development.

(3) Ownership. The site of a proposed DRD, or proposed extension or expansion to an existing DRD, may include any number of separate parcels and may be owned by one or more persons or entities, but shall be presented as a single parcel of land in any application made pursuant to this section. Such application shall be jointly filed by all owners and, if approved, shall be binding upon all of them and shall be developed in accordance with any approvals granted as part of the final site development approval.

(4) Permitted uses. The preliminary development concept plan shall provide for a mix of uses, including, at a minimum, residential and retail uses, and shall incorporate, to the extent practical, retail uses on the ground floor of buildings and structures fronting on Main Street. Other uses allowable in a DRD shall include offices, hotels, restaurants, catering facilities, and all other principal and accessory uses permitted in the zoning districts in which the lands included in a DRD were classified prior to their designation as a DRD.

(5) Height. The maximum height of any building or structure in a DRD shall not exceed:

(a) One hundred thirty feet, for any building or structure that is located within 120 feet of West Main Street and within 100 feet of North Ocean Avenue, provided such building includes a hotel with a catering facility or restaurant;

(b) One hundred ten feet, for any other building or structure that is located within 120 feet of West Main Street or within 100 feet of North Ocean Avenue; and

(c) Sixty feet, for any building or structure that is located more than 120 feet from West Main Street and more than 100 feet from North Ocean Avenue.

(6) Required workforce housing. A minimum of 25% of the residential units proposed in any DRD shall constitute "workforce housing units." For purposes of this section, "workforce housing units" shall be defined as housing units that are affordable by those earning at or less than 120% of the Nassau-Suffolk median income, by household size, as established by the United States Department of Housing and Urban Development. The applicant(s) shall submit to the Board of Trustees the size and design of the proposed workforce housing units, as well as the proposed gross sale price of those units, in sufficient detail for the Board of Trustees to evaluate the value of such units.

(7) Eligibility. Initial and continued priority for the sale, occupancy, or rental of workforce housing units shall be in the following order:

(a) Persons residing in the Village of Patchogue;

(b) Persons employed, at the time of application, within the Village of Patchogue, and;

(c) All others.

(8) Parking. Notwithstanding the provisions of § 435-31 of the Village Code, parking facilities, whether public or private, shall be provided in the following amounts for each of the uses in a proposed DRD:

(a) Retail and office uses: the greater of: one public space per 250 square feet of floor area; or the number of public parking spaces in existence, as of the date of the zone change, on the property proposed to be established as a DRD or to be added to an existing DRD;

(b) Multifamily residential uses: one space per unit;

(c) Hotel uses: one space per two guest rooms;

(d) All other uses: as determined by the Board of Trustees at the time of site development approval.

F. Zoning approval by the Board of Trustees.

(1) The Board of Trustees may approve or approve with modifications the preliminary development concept plan, as well as the establishment of a proposed DRD by local law granting a zone change so as to locate or place the property shown in such development concept plan in a DRD. Approval of the preliminary development concept plan or approval with modifications is required for, and shall be deemed to authorize, the applicant(s) to proceed with the detailed design of the proposed development in accordance with such concept plan and the subsequent procedures and requirements of this section. Copies of said local law shall be forwarded to the Planning Board and the applicant(s).

[Amended 6-8-2020 by L.L. No. 5-2020]

(2) The Board of Trustees may require, incident to granting a DRD zone change, that the applicant(s) submit a declaration, to be recorded in the Office of the Suffolk County Clerk, imposing such covenants and restrictions on the property included in such DRD as the Board of Trustees may deem necessary or desirable in order to protect the neighborhood and assure that such property will be developed in accordance with, and will not be used in violation of, the purposes and provisions of this section.

(3) Any local law establishing a DRD may establish dimensional regulations applicable to development of the property included in such DRD, and may also establish other conditions and requirements applicable to the use and development of such property. Such dimensional regulations, conditions, and requirements shall supersede any and all dimensional regulations, conditions, and requirements set forth elsewhere in this Code.

(4) Use and development of property classified in a DRD shall comply with the dimensional regulations and other conditions and requirements established by the Board of Trustees in the local law granting such zone change.

(5) Approval of the establishment of a DRD shall expire three years after the effective date of such local law if the applicant has not, within such period, applied for and received site development plan approval and, if applicable, final subdivision plat approval for at least the first section of the subdivision plat. The Board of Trustees, upon request of the applicant, may extend the above time period for two additional periods of not more than one year each. In any case where a phased development plan is approved, the DRD shall expire five years after the effective date of such local law. Notwithstanding the foregoing, the Board of Trustees may extend any of said expiration periods upon application of any owner made prior to the expiration of such period for the property affected by the DRD. In the event of expiration of DRD approval, the DRD classification shall automatically be removed from the subject property, and such property shall revert to the zone classification(s) existing prior to the establishment of the DRD for such property. The Village Clerk shall amend the official copy of the Zoning Map accordingly.

G. Site development approval by the Board of Trustees.

(1) Before a building permit is issued or a use is commenced or changed on property located in a DRD, a site development plan showing the layout, arrangement and design of the proposed use shall be submitted to the Board of Trustees, who shall review and either approve, approve with modifications, or disapprove the site development plan. Site development plan review shall be conducted in accordance with the procedures set forth in Article XIII of this Code, and every reference in such article to the Planning Board shall, for purposes of the site development plan review and approval to be conducted under this Subsection G, be deemed to refer to the Board of Trustees. Subsection H of § 435-83 of the Code shall not apply to applications pursuant to this § 435-30.

(2) The site development plan shall show and include the following elements:

(a) The proposed location, use, dimensions, and architectural design and features of all buildings and structures, including, among other elements, the exterior building material, color, roofline, and building elevations, and lot coverage data;

(b) The location and dimensions of proposed parking and truck loading areas, including access and egress thereto, with proposed grades;

(c) The location of outdoor storage, if any;

(d) A description of the method of sewage disposal and location of all facilities and structures;

(e) The location, size, and design of all signs;

(f) The location and nature of screening, landscaping, and buffer areas; and

(g) The location, design, and proposed hours of operation of all lighting structures.

(3) No building permit shall be issued and no commencement or change of use shall be permitted unless and until a site development plan shall have been approved by the Board of Trustees.

(4) Where a proposed DRD development also involves a subdivision or resubdivision of land, no development may proceed unless and until the Board of Trustees have granted final subdivision plat approval in accordance with the Village Law and any applicable Village Code provisions or other regulations.

(5) Bonding. The Board of Trustees are authorized to impose such requirements for bonding the approved development, construction, and improvements as they deem necessary and appropriate, and also to condition the release of such bond or portions thereof on the approval, acceptance, or dedication of all or any portion of the work that has been bonded.

H. Referrals. The Board of Trustees may, in their discretion, refer any application, pursuant to this § 435-30, for approval of a preliminary development concept plan, reclassification of a specific parcel or parcels of land for development in accordance with that plan, site development plan review, and/or subdivision or resubdivision approval to the Planning Board and/or the Board of Historic Preservation and Architectural Review for their review and/or recommendation.

I. Severability. Should any court of competent jurisdiction determine that any clause, sentence, paragraph, word, section or part of this section, or the application of same to any building, structure, land, or owner, is unconstitutional, illegal, or invalid, such determination shall not affect, impair, or invalidate the remainder of this section, which shall be separately and fully effective, or the applicability of this section to any other building, structure, land or owner.

J. Statutory authority and supersession. This section, and any local law adopted pursuant to this § 435-30, shall be deemed to have been adopted pursuant to the provisions of Municipal Home Rule Law § 10(1)(ii)(a)(14) and the Statute of Local Governments, §§ 10(6) and 10(7), and this section shall supersede any provision of Article 7 of the New York Village Law and, specifically, §§ 7-718 and 7-725-a thereof, that are inconsistent with the provisions of this section.

§ 435-30.1 Arts and Culture District.

[Added 2-26-2018 by L.L. No. 2-2018; amended 10-9-2018 by L.L. No. 6-2018]

A. Purpose. The arts community has been instrumental in revitalizing the Village and transforming its downtown into a destination for residents and tourists alike. The success of the Artspace Patchogue Lofts on Terry Street is further evidence of how policies that encourage creativity, culture, and artistic entrepreneurship can promote economic activity, enrich the lives of residents, and attract visitors to the Village. The south side of Terry Street presents opportunities to expand the Village's vibrant arts scene. Its close proximity to Main Street, municipal parking lots, and the Artspace Patchogue Lofts, where many artists reside, make it a prime area for an arts and culture district. This section will encourage the development of artistic and cultural land uses along Terry Street.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ART CAFE

An accessory business, subordinate to one or more uses permitted in this district, selling ready-to-eat food and nonalcoholic beverages for on- or off-premises consumption, where customers are served from an ordering counter.

ART GALLERY

Premises for the preparation, sale, and/or display of paintings, drawings, graphic designs, sculptures, photographs, and other visual arts created by individual artists on a single-piece basis.

ARTIST LIVE/WORK SPACE

Any portion of a building containing at least 750 square feet that is used by the occupant(s) therein for both residential use and for the creation, production, rehearsal or teaching of any visual art or craft on a single -piece basis, including but not limited to painting, drawing, graphic design, photography, video, film, music, sculpture, and pottery; of written works of fiction or nonfiction; or of any performing art, whether for live or recorded performance, including music, dance, and theater, and accessory sales of such art.

ART RETAIL

Any commercial establishment that receives 90% or more of its revenue from the sale of goods used primarily for the creation, production, rehearsal or teaching of any visual art or craft, including but not limited to painting, drawing, graphic design, photography, video, film, music, sculpture, and pottery.

ARTIST STUDIO

Any building or any portion thereof to be used for the creation, production, rehearsal or teaching of any visual art or craft on a single-piece basis, including but not limited to painting, drawing, graphic design, photography, video, film, music, sculpture, and pottery; of written works of fiction or nonfiction; or of any performing art, whether for live or recorded performance, including music, dance, and theater.

MUSEUM

An institution, open to the public, which acquires, conserves, researches, communicates or exhibits objects of lasting interest or value for the purposes of education, study or enjoyment.

YOGA STUDIO or MEDITATIVE ARTS AND PRACTICES

An open space utilized for the practice of a series of postures and breathing exercises, which are designed to achieve control of the body and mind, tranquility, or similar.

C. Uses. In the Arts and Culture District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following permitted uses:

(1) Artist studio.

(2) Artist live/work space. Any application for five or more residential units in any building or premises shall require a special permit from the Zoning Board of Appeals.

(3) Art gallery.

(4) Museum.

(5) Art retail.

(6) Yoga studio or meditative arts and practices.

(7) Art café that includes or operates within one of the other permitted uses set forth in this subsection.

(8) The outdoor display of artwork as an accessory use.

D. In the Arts and Culture District, any building or premises with four or more uses shall require a special permit from the Zoning Board of Appeals.

E. Height. In the Arts and Culture District, no building or structure hereafter erected or altered shall exceed 42 feet or three stories.

F. Lot area. In the Arts and Culture District, no building shall be erected or altered on a lot having an area less than 6,000 square feet.

G. Front yard. In the Arts and Culture District, there shall be a front yard having a minimum depth of 15 feet.

H. Double-front lot. In the Arts and Culture District, the front yard requirements shall apply for each end of a double-front lot.

I. Corner lot. In the Arts and Culture District, the front yard requirements shall apply to each street line.

J. Rear yard. In the Arts and Culture District, there shall be a rear yard having a minimum depth of 20 feet.

K. Side yards. In the Arts and Culture District, there shall be two side yards, one on each side of the building. The total widths of both side yards shall be not less than 25 feet wide, and neither side yard shall be less than 12 feet wide. Permitted encroachments shall not reduce the side yard width requirement.

L. Building area. In the Arts and Culture District, the total building area shall not exceed 30% of the total lot area.

M. Accessory buildings. In the Arts and Culture District, accessory buildings, with the exception of those structures not requiring a building permit, shall not be permitted.

N. Parking. In the Arts and Culture District, parking shall be provided pursuant to the provisions of §§ 435-31A, 435-32, 435-33, 435-34 and 435-35 inclusive of this chapter, except that:

(1) The required number of parking spaces for residential uses on the premises shall be reduced by the number of spaces required for the applicant's permitted nonresidential uses on the premises; and

(2) Off-street parking provided shall be located on the rear yard of the premises for which it is provided. Relief from the rear-yard parking requirement may be granted by the Board of Appeals. The Board of Appeals, in granting a variance to the rear-yard parking requirement, shall determine whether the proposed variance will be in harmony with the existing traffic and parking conditions and will adversely affect the safety, welfare and convenience of the public and whether there are practical difficulties in the way of strictly carrying out this regulation.

§ 435-30.2 HTL Hotel District

[Added 1-8-2024 by L.L. No. 1-2024; amended 6-23-2025 by L.L. No. 10-2025]

A. Purpose.

(1) In November 2002, the Suffolk County Department of Planning released a "Village of Patchogue Downtown Business District Study" (the "District Study"), which has served as a blueprint for the Village's revitalization over the past two decades. The implementation of the District Study's recommendations has led to a significant growth in housing units and downtown commercial uses and has improved and revitalized the economic base of the Village. Among the District Study's recommendations was the pursuit and implementation of a strategy to attract a hotel that would complement the Village's growing destination uses. This remains the one area where the Village has yet to realize its potential. The Village does not have a hotel, and the areas south of Sunrise Highway in Central and Eastern Suffolk also lack suitable accommodations for visitors to the area. Given the Village's need for a hotel, the Village finds it necessary to create a special floating zone that would encourage such development.

(2) The Village also recognizes that large hotel operators have special zoning and building requirements for their properties. These requirements are often in conflict with the Village's business, residential, and industrial district regulations. A special floating zone that is devised to address the requirements of major hotel operators ensures that the Village can attract a hotel while not compromising the regulations in its other districts through excessive variances.

B. General application procedure.

(1) The HTL Hotel District is established as a floating zone, subject to approval by the Village Board of Trustees in each case and in accordance with an approved preliminary development concept plan, as described and defined herein.

(2) The procedure for a zone change to the HTL Hotel District and development approval shall involve a two-stage review process, as follows:

(a) Approval of a preliminary development concept plan and rezoning of specific parcel(s) by the Board of Trustees; and

(b) Approval of a final detailed site development plan, and a subdivision plat, if applicable, by the Planning Board.

C. Application to the Board of Trustees for zone change approval. Application for establishment, extension, or expansion of an HTL shall be made by submitting 10 copies of the application to the Board of Trustees. The application shall include, at a minimum, the following:

(1) The names and addresses of the property owner(s), the applicant(s), if other than the owner(s), and the planner, engineer, architect, surveyor, and/or other professionals engaged to work on the project.

(2) Where the applicant(s) is/are not the owner(s) of the property, written authorization from the owner(s) for the submission of the application.

(3) A written statement describing the nature of the proposed project, how it is designed to serve the purposes of this section, the site's relationship to immediately adjoining properties and the surrounding neighborhood, the availability and adequacy of community facilities and utilities to serve the site, and the safety and capacity of the public roadways in the area of the site in relation to the anticipated traffic generation from the site.

(4) Evidence, such as an agreement or lease, that an established and reputable hotel operator will operate the property as a hotel.

(5) A written statement of the proposed method of ownership and maintenance of all common utilities, common facilities, and areas of open space within the proposed development.

(6) A preliminary development concept plan for the proposed project, drawn to a convenient scale, and including, but not limited to, the following:

(a) The area of the project site, in both acres and square feet;

(b) A site location sketch indicating the location of the project site with respect to neighboring streets and properties, the names of all owners of property within 200 feet of the site, the existing zoning of the site, and the location of all zoning district boundaries in the surrounding neighborhood;

(c) A preliminary site development plan, indicating the approximate location and design of all buildings, the arrangement of parking areas and access drives, the general nature and location of other proposed site improvements, and the lot configuration if applicable; and

(d) Building plans showing the layout of the hotel, the number of hotel rooms, and ancillary and incidental uses.

(7) An application fee, which shall be established from time to time by resolution of the Board of Trustees. If not established by the Board of Trustees, the fee shall be the same as the change of zone application fee under Article XI of this chapter.

(8) A full environmental assessment form, as required by the New York State Environmental Quality Review Act and the SEQRA implementing regulations at 6 NYCRR Part 617.

(9) Such other information as may be determined necessary by the Board of Trustees in order to properly enable them to review and decide upon the application.

D. Procedure for zone change approval.

(1) The Board of Trustees may determine, at any time, with or without a public hearing, and with or without review pursuant to SEQRA and its implementing regulations, that an application for zone change approval pursuant to this section will not be entertained.

(2) If the Board of Trustees determines to entertain an application for zone change approval pursuant to this section, the Board of Trustees shall schedule and hold a public hearing on the application pursuant to the same notice and procedural requirements that are generally prescribed by law for Village zoning amendments.

E. Criteria for zone change approval and development. In determining whether to grant an application for establishment, extension, or expansion of an HTL Zone, the Board of Trustees, in addition to exercising their discretion in considering a change of zone, shall also determine that the application complies with all the following requirements:

(1) Location. An HTL Zone may be established, extended, or expanded within a 1,000-foot radius of any of the following: the property containing the Patchogue LIRR Station, any property within the DRD Zoning District, and the property containing the Patchogue Theatre for the Performing Arts.

(2) Minimum site size. The minimum land area required for the establishment of an HTL Zone shall be two acres, except that there is no minimum land area required for the addition of lands to an existing HTL Zone. Any site proposed for establishment of an HTL Zone shall be of such shape, dimension, topography, and location as will allow for an appropriate and attractive development.

(3) Ownership. The site of a proposed HTL Zone, or proposed extension or expansion to an existing HTL Zone, may include any number of separate parcels and may be owned by one or more persons or entities, but shall be presented as a single parcel of land in any application made pursuant to this section. Such application shall be jointly filed by all owners and, if approved, shall be binding upon all of them and shall be developed in accordance with any approvals granted as part of the final site development approval.

(4) Permitted uses.

(a) Hotel.

(b) Residential uses only when part of a hotel development plan and only within the same building as the proposed hotel. The maximum number of dwelling units in a hotel development plan shall be no greater than one-fifth of the number of hotel rooms.

(c) Uses ancillary or incidental to operation of the hotel, including restaurants, gift shops, and places of assembly.

(5) Height. The maximum height of any primary building or structure in an HTL Zone shall not exceed 75 feet.

(6) Parking. Parking facilities for hotel and residential uses shall be provided in accordance with Article IV of Chapter 435 of the Village Code. Parking for uses ancillary or incidental to operation of the hotel, including restaurants, gift shops, and places of assembly, need not be provided so long as such uses, in total, do not comprise more than 25% of the total floor area.

(7) Long-term hotel use. Applicant must submit an executed lease, agreement, term sheet, or memorandum of understanding that sufficiently commits applicant and an established, reputable hotel operator to a long-term hotel operation on the property.

(8) Other dimensional requirements. Other than the dimensional requirements already set forth in this section, the dimensional requirements set forth in the D1 Business District shall apply.

F. Zoning change approval by the Board of Trustees.

(1) The Board of Trustees may approve or approve with modifications the preliminary development concept plan, as well as the establishment of a proposed HTL Zone by local law granting a zone change so as to locate or place the property shown in such development concept plan in an HTL Zone. Approval of the preliminary development concept plan or approval with modifications is required for, and shall be deemed to authorize, the applicant(s) to proceed with the detailed design of the proposed development in accordance with such concept plan and the subsequent procedures and requirements of this section. Copies of said local law shall be forwarded to the Planning Board and the applicant(s).

(2) The Board of Trustees may require, incident to granting an HTL zone change, that the applicant(s) submit a declaration, to be recorded in the Office of the Suffolk County Clerk, imposing such covenants and restrictions on the property included in such HTL Zone as the Board of Trustees may deem necessary or desirable in order to protect the neighborhood and assure that such property will be developed in accordance with, and will not be used in violation of, the purposes and provisions of this section.

(3) Any local law establishing an HTL Zone may establish other conditions and requirements applicable to the use and development of such property. Such conditions and requirements shall supersede any and all conditions and requirements set forth elsewhere in this Code.

(4) Approval of the establishment of an HTL Zone shall expire three years after the effective date of such local law if the applicant has not, within such period, applied for and received site development plan approval and, if applicable, final subdivision plat approval for at least the first section of the subdivision plat. The Board of Trustees, upon request of the applicant, may extend the above time period for two additional periods of not more than one year each. In any case where a phased development plan is approved, the HTL Zone shall expire five years after the effective date of such local law. Notwithstanding the foregoing, the Board of Trustees may extend any of said expiration periods upon application of any owner made prior to the expiration of such period for the property affected by the HTL Zone. In the event of expiration of HTL Zone approval, the HTL Zone classification shall automatically be removed from the subject property, and such property shall revert to the zone classification(s) existing prior to the establishment of the HTL Zone for such property. The Village Clerk shall amend the official copy of the Zoning Map accordingly.

G. Site development approval by the Planning Board.

(1) Before a building permit is issued or a use is commenced or changed on property located in an HTL Zone, a site development plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, who shall review and either approve, approve with modifications, or disapprove the site development plan. Site development plan review shall be conducted in accordance with the procedures set forth in Article XIII of this Code. Subsection H of § 435-83 of the Code shall not apply to applications pursuant to this section.

(2) The site development plan shall show and include the following elements:

(a) The proposed location, use, dimensions, and architectural design and features of all buildings and structures, including, among other elements, the exterior building material, color, roofline, and building elevations, and lot coverage data;

(b) The location and dimensions of proposed parking and truck loading areas, including access and egress thereto, with proposed grades;

(c) The location of outdoor storage, if any;

(d) A description of the method of sewage disposal and location of all facilities and structures;

(e) The location, size, and design of all signs;

(f) The location and nature of screening, landscaping, and buffer areas;

(g) The location, design, and proposed hours of operation of all lighting structures;

(h) Detailed building plans showing the size and number of each room and dwelling unit and incidental and ancillary uses; and

(i) Such other information as may be determined necessary by the Planning Board in order to properly enable them to review and decide upon the application.

(3) No building permit shall be issued and no commencement or change of use shall be permitted unless and until a site development plan shall have been approved by the Planning Board.

(4) Where a proposed HTL development also involves a subdivision or resubdivision of land, no development may proceed unless and until the Planning Board has granted final subdivision plat approval in accordance with the Village Law and any applicable Village Code provisions or other regulations.

(5) Bonding. The Planning Board is authorized to impose such requirements for bonding the approved development, construction, and improvements as they deem necessary and appropriate, and also to condition the release of such bond or portions thereof on the approval, acceptance, or dedication of all or any portion of the work that has been bonded.

H. Conversion of hotel rooms in an HTL Zone. Should an owner or other interested party seek the conversion of hotel rooms to dwelling units, each new dwelling unit shall have a minimum of 800 square feet of habitable floor space.

I. Rooftop dining. The provisions set forth in § 435-81.2 shall apply to the HTL Hotel District.

J. Severability. Should any court of competent jurisdiction determine that any clause, sentence, paragraph, word, section or part of this section, or the application of same to any building, structure, land, or owner, is unconstitutional, illegal or invalid, such determination shall not affect, impair, or invalidate the remainder of this section, which shall be separately and fully effective, or the applicability of this section to any other building, structure, land or owner.