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use and which immediately followed this subsection, was repealed 4-27-1987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.
[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:
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.
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]
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.
[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.
(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.
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.
[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]
(4)
Professional offices, when allowed by special permit
of the Zoning Board of Appeals.
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:
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.
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]
(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]
[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]
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)
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 that also meets the following requirements:
[Amended 8-22-2022 by L.L. No. 5-2022]
(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)
Kennels.
(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.
[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:
(1)
Any use permitted in the DI Business District. The additional restrictions set forth in § 435-20A(1)(a) and (b) shall not apply in the D2 Business District.
[Amended 2-8-2021 by L.L. No. 2-2021; 8-22-2022 by L.L. No. 5-2022]
(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.
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].
(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.
[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]
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.
[Amended 9-12-2016 by L.L. No. 7-2016]
(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.
[Added 1-12-2009 by L.L. No. 1-2009]
(e)
Laundromats.
[Added 2-8-2021 by L.L. No. 2-2021]
(f)
Kennels.
[Added 2-8-2021 by L.L. No. 2-2021]
(g)
Minor and private garages.
[Added 2-8-2021 by L.L. No. 2-2021]
(h)
Convenience stores.
[Added 2-8-2021 by L.L. No. 2-2021]
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.
[Amended 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]
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.
[Added 11-25-2013 by L.L. No. 18-2013]
[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.
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.
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.
[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.
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.
[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.
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.
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.
[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.
[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]
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.
[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]
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.
[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.
(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.
[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.
ART CAFE
ART GALLERY
ARTIST LIVE/WORK SPACE
ART RETAIL
ARTIST STUDIO
MUSEUM
YOGA STUDIO or MEDITATIVE ARTS AND PRACTICES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
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.
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.
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.
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.
