[Amended 2-9-1991 by L.L. No. 4-1991]
In these districts, no structure or premises
shall be used and no structure or group of structures or part of a
structure shall be erected, constructed, enlarged, altered, restored,
converted or relocated or shall be designed to be used, in whole or
in part, except for one of the principal or special uses and one or
more of the accessory uses set forth below, except that agricultural
pursuits and guesthouses may be included on the same premises as a
one-family dwelling.
A. Permitted principal uses.
(2) Village Hall, Village Court, Village Police Station
and other Village uses.
(3) Village park, wildlife preserve and natural park reservation.
B. Permitted special uses. The following uses are permitted subject to compliance with the requirements set forth in this §
165-23B and in §§
165-35,
165-36,
165-37 and
165-38:
(1) Churches and other places of religious worship located
on adequate sites and with adequate provision for parking at times
of maximum attendance or use of the premises, with landscaping and
controls over lighting and signs as may be required so as to protect
and not adversely affect adjoining properties and with means of ingress
and egress which are properly related to the street system.
(2) Nonprofit academic day or preparatory schools organized pursuant to the Education Law of the State of New York and chartered by the Board of Regents of the University of the State of New York, located on adequate sites and complying with the provisions of §
165-23B(1).
(3) Agricultural pursuits, provided that:
[Amended 5-12-1990 by L.L. No. 3-1990]
(a)
No manure or odor- or dust-producing substance
or use thereof shall be stored or permitted within 100 feet of any
side or rear lot line or within 150 feet of any front lot line;
(b)
A fence is installed to prevent livestock or
poultry from straying, of a design and appearance appropriate to the
surrounding neighborhood, which is thereafter maintained in sound
condition; and
(c)
The operations are confined to the farm under
cultivation and are conducted in such manner as not to cause harm
or annoyance to residents or adjacent properties.
(d)
Except as otherwise allowed under New York Agriculture
and Markets Law § 305-a(1) on premises within a county-adopted
state-certified agriculture district, agricultural pursuits shall
not include any use which causes or allows public assembly for purposes
of attending a social event or an entertainment event, and, instead,
agricultural pursuits shall be limited to the growing of crops, raising
of livestock and sale of livestock products as defined in § 301
of the New York Agriculture and Markets Law.
[Added 5-21-2008 by L.L. No. 2-2008;
amended 1-15-2014 by L.L. No. 2-2014]
(4) Wholesale plant nursery, provided that:
[Added 10-18-2006 by L.L. No. 2-2006]
(a)
The minimum lot area is five acres;
(b)
Any such use shall be located within the B Residential
District and within 500 feet of New York State Highway 25A, which
shall be the principal means of ingress and egress to and from the
property;
(c)
Retail sales are prohibited;
(d)
Greenhouses, excepting temporary (with plastic
removed annually no later than April 1, excepting unusual, adverse
weather conditions, in which event any such plastic shall be removed
by May 1) plastic over-wintering structures, are prohibited;
(e)
Accessory uses such as landscaping services
and the display of sample landscaping materials are permitted, provided
the landscaping service shall be an integral component of and not
independent of the nursery business, shall be owned and operated by
the same person or persons as operating the nursery and shall employ
no more than five persons on the site, exclusive of no more than three
part-time employees on the site and exclusive of seasonal workers
who are primarily located off site, and provided further that the
display of landscaping materials (not plants) shall be limited in
area to 5,000 square feet; and
(f)
Any such use shall maintain a vegetated buffer
of no less than 50 feet on all boundaries; however, if adjacent to
the historical district of Route 25A, such use shall maintain a natural
buffer of 200 feet and an historic buffer of 500 feet.
(g)
Any regular use of chemical pesticides, fungicides,
fertilizers, or other agricultural chemicals shall be subject to review
and approval by the Environmental Review Board or its designee and
the Joint Coastal Commission.
(5) Wireless communications towers and antennas, subject
to the following:
[Added 7-18-2007 by L.L. No. 5-2007]
(a)
Definitions. As used in this subsection, the
following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
Any man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device, including
dish antenna, mounted on a tower, building or structure and used in
communications that radiate or capture electromagnetic waves, digital
signals, analog signals, radio frequencies (excluding radar signals),
wireless telecommunications signals or other communications signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a certificate of occupancy
or compliance or other Village approval has been properly issued prior
to the effective date of this subsection, including permitted towers
or antennas that have not yet been constructed, so long as such approval
has not expired.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
television, radio and similar communications purposes, including self-supporting
supporting lattice towers, guyed towers or monopole towers. The term
includes radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, alternative tower
structures, and the like. The term includes the structure and any
support thereto.
(b)
Applicability. The provisions of this subsection
shall apply to all new towers and antennas, alternative tower structures,
or any modification to existing towers or antennas, except as follows:
[1]
Amateur radio station operators/receive-only
antennas. This subsection shall not govern any tower, or the installation
of any antenna, that is under 32 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
[2]
Preexisting towers and antennas. Preexisting towers and preexisting antennas that comply with the current standards and regulations of the FAA, the FCC and any other authority regulating the operation of wireless communications are not required to meet the requirements of this subsection. Preexisting towers and antennas that do not meet applicable state and/or local building codes related to the maintenance and structural integrity of the structure may be subject to Subsection
B(5)(c)[6] below.
[3]
Towers and antennas erected by a governmental
or quasi-governmental body used exclusively for a governmental purpose
shall be exempt from these regulations.
(c)
General requirements.
[1]
Principal or accessory use. Antennas and towers
may be considered either principal or accessory uses. The Building
Inspector shall make such determinations as appropriate. Notwithstanding
the provisions of this Part 1 to the contrary, the erection of a tower
shall not be precluded on a lot due to an existing nonresidential
use occupying the lot.
[2]
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with district regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control.
[3]
Aesthetics. Towers and antennas shall meet the
following requirements:
[a] Towers shall either maintain a
galvanized steel finish or, subject to any applicable standard of
the FAA, be painted a neutral color to reduce visual obtrusiveness.
[b] At a tower site, the design of
the buildings and related structures shall, to the extent possible,
use materials, colors, textures, screening and landscaping that will
blend them into the natural setting and surrounding buildings.
[c] If an antenna is installed on a
structure other than a tower, the antenna and supporting electrical
and mechanical equipment must be of a neutral color that is identical
to, or closely compatible with, the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive
as possible.
[4]
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to surrounding views.
[5]
State and federal requirements. All towers must
meet or exceed current standards and regulations of the FAA and the
FCC. If such standards and regulations are changed, then the owners
of the towers and antennas governed by this subsection shall bring
such towers and antennas into compliance with such revised standards
and regulations within six months of the effective date of such standards
and regulations, unless a different compliance schedule is mandated
by the controlling agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
[6]
Building codes; safety standards. In addition
to all other applicable requirements, all new towers and antennas
shall require a building permit. To ensure the structural integrity
of the tower, the owner of a tower shall maintain the tower in compliance
with standards contained in applicable state and/or local building
codes and the applicable standards for towers that are published by
the Electronic Industries Association, as amended from time to time.
If, upon inspection, the Village concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons
or property, then, upon notice being provided to the owner of the
tower, the owner shall have 30 days to bring such tower into compliance
with such standards. Failure to bring such tower into compliance within
said 30 days shall constitute grounds for removal of the tower or
antenna at the owner's expense.
[7]
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of the wireless communications system
in the Village have been obtained and shall file a copy of all required
franchises with the Building Inspector.
[8]
Signs. No signs shall be allowed on an antenna
or tower.
[9]
Building and support equipment. Buildings and
support equipment associated with antennas or towers shall comply
with the setback requirements of this subsection.
(d)
Permitted uses; special exception uses.
[1]
All new towers and antennas, alternative tower
structures or any modification to existing towers, antennas or tower
structures shall require special use permission from the Village Board,
except as follows:
[a] The addition of antennas to a legally
existing tower, provided that said antennas do not extend the height
of the tower by more than 10 feet or require substantial structural
modification to the tower. Dish antennas less than 36 inches in diameter
shall not require special use review. The addition of antennas shall
require the issuance of a building permit.
[b] Structural modifications or reconstruction
of a legally existing tower, provided that said modifications and
reconstruction are in kind, with no increase in the height of the
tower. A reconstructed tower shall not be relocated except to a more
conforming location that is within 50 feet of its existing location.
Such modifications or reconstruction shall require a building permit,
except where the Building Inspector finds that the reconstruction
materially changes the nature of the existing use, in which case the
owner of the tower shall obtain special use permission from the Village
Board.
[c] Routine repairs and maintenance
of a legally existing tower.
[d] Towers or alternative tower structures
incidental and accessory to an existing nonresidential use, provided
that said tower or alternative tower structure does not exceed 35
feet in height.
[2]
Where special use approval is not required for
a tower or an antenna, all applications for a building permit shall
include certification that the tower and/or antenna complies with
all applicable FCC and FAA regulations and all applicable state and/or
local building codes.
(e)
Special conditions and safeguards.
[1]
General. In addition to the requirements of Article
IX of this Part
1, the following provisions shall govern the issuance of special use approvals for towers or antennas by the Village Board:
[a] In granting a special exception
use, the Village Board may impose conditions to the extent that the
Village Board concludes such conditions are reasonably necessary to
minimize any adverse effect of the proposed tower on adjoining properties.
[b] Any information of an engineering
nature that the applicant submits, whether civil, mechanical or electrical,
shall be certified by a licensed professional engineer.
[c] An applicant for a special use
approval shall submit the information described in this section.
[2]
Wireless communications towers and antennas: information required. In addition to any information required for applications for special use approvals pursuant to Article
IX, applicants for a special use approval for a wireless communications tower or antenna shall submit the following information:
[a] A site plan drawn to a minimum
scale of one inch equals 50 feet, indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking and other information deemed by the Village Board
to be necessary to assess compliance with this subsection.
[b] The setback distance between the
proposed tower and the nearest residential unit, platted residentially
zoned properties and unplatted residentially zoned properties.
[c] A landscape plan showing specific
landscape materials.
[d] Method of fencing, finished color
and, if applicable, the method of camouflage and illumination.
[e] A notarized statement by the applicant
as to whether construction of the tower will structurally accommodate
co-location of additional antennas for future users.
[f] Identification of the entities
providing the backhaul network for the tower(s) described in the application
and other sites owned or operated by the applicant in the municipality.
[g] A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
[3]
Factors considered in granting special exception permission. In addition to the general requirements set forth in Article
IX and any standards for consideration of special use applications set forth in this subsection, the Village Board shall consider the following factors in determining whether to issue special use approval:
[a] Height of the proposed tower.
[b] Proximity of the tower to residential
structures and residential district boundaries.
[c] Nature of uses on adjacent and
nearby properties.
[e] Surrounding tree coverage and foliage.
[f] Design of the tower, with particular
reference to design characteristics that have the effect of reducing
or eliminating visual obtrusiveness and other potential environmental
impacts.
[g] Proposed ingress and egress.
[h] Availability of suitable existing
towers and antennas and other structures, or alternative technologies
not requiring the use of towers or structures.
[4]
Availability of suitable existing towers and
antennas, other structures, or alternative technology. No new tower
or antenna shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the Village Board that no existing
tower or antenna or structure or alternative technology that does
not require the use of towers or structures can accommodate the applicant's
proposed tower or antenna. An applicant shall submit information requested
by the Village Board related to the availability of suitable existing
towers, other structures or alternative technology. Evidence submitted
to demonstrate that no existing tower, structure or alternative technology
can accommodate the applicant's proposed antenna may consist of any
of the following:
[a] No existing towers or structures
are located within the geographic area which meet applicant's engineering
requirements.
[b] Existing towers or structures are
not of sufficient height to meet the applicant's engineering requirements.
[c] Existing towers or structures do
not have sufficient structural strength to support the applicant's
proposed antenna and related equipment.
[d] The applicant's proposed antenna
would cause electromagnetic interference with the antenna on existing
towers or structures, or the antenna on the existing tower or structure
would cause interference with the applicant's proposed antenna.
[e] The fees, costs or contractual
provisions required by the owner in order to share an existing tower
or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed
to be unreasonable.
[f] The applicant demonstrates that
there are other limiting factors that render existing towers and structures
unsuitable.
[g] The applicant demonstrates that
an alternative technology that does not require the use of towers
or structures is unsuitable. Costs of alternative technology that
exceed new tower or antenna development shall not be presumed to render
the technology unsuitable.
[5]
Setbacks. The following minimum setback requirements
shall apply to all towers and antennas for which special exception
permission is required:
[a] Towers must be set back a distance
equal to at least 100% of the height of the tower from any adjoining
lot line.
[b] Guys and all other accessory buildings
or structures must satisfy the minimum zoning district setback requirements.
[c] The Village Board may reduce the
aforementioned setbacks, provided that no existing or future residence
is or can be located within proximity of such setback, no significant
adverse impact to the surrounding properties will occur and the goals
of this subsection can be achieved.
[6]
Security fences. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anticlimbing device; provided, however,
that the Village Board may waive such requirements as it deems appropriate.
[7]
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which special exception
permission is required:
[a] Tower facilities shall be landscaped
with a buffer of plant materials that effectively screens the view
of the tower compound from property used for residences. The standard
buffer shall consist of a landscape strip at least 25 feet wide outside
the perimeter of the compound.
[b] Existing mature tree growth and
natural land forms on the site shall be preserved to the maximum extent
possible. In some cases, such as towers sited on large, wooded lots,
natural growth around the property perimeter may form a sufficient
buffer.
[c] The Village Board may reduce the
aforementioned landscaping requirements, provided that no significant
adverse impact to the surrounding properties will occur and the goals
of the subsection can be achieved.
C. Permitted accessory uses.
(1) Private garden house, toolhouse, playhouse, greenhouse,
bathhouse, boat house and studio of an artist or musician, not used
for commercial or public purposes.
(2) Private swimming pool, tennis court or dock.
(3) Private garages.
[Amended 5-18-2005 by L.L. No. 10-2005]
(4) Temporary storage of a boat, house trailer, boat trailer,
auto trailer, mobile house trailer or camper vehicle, provided that
such vehicles are enclosed within a building or are screened from
view by evergreen planting and are not used for any purpose.
(5) Private stable for the housing of horses and other
common domestic animals in A, A-1 and B Districts used exclusively
by the owner of the main building, his household guests and employees,
provided that the lot on which the stable is located shall have an
area of at least two acres for one or two such animals and one additional
acre for each additional animal and provided, further, that no manure
shall be stored within 70 feet of any side or rear lot line or within
150 feet of any front lot line.
(6) Customary home occupations and offices of an individual
professional person such as a physician, surgeon, dentist, architect,
lawyer, engineer, artist, musician or real estate or insurance agent
when a partial use of the main dwelling, except that an artist or
musician may use an accessory building.
(7) Signs used on the same lot in conjunction with a permitted
principal or accessory use not exceeding four square feet in area,
provided that such signs do not have incandescent, luminescent or
reflective letters, numbers or backgrounds. Such signs may display
the street number, the names of the owner and place, the profession
of a person practicing on the premises and such messages as "no trespassing,"
"no hunting" or "private road," but a "for sale" sign shall contain
only a telephone number for inquiry purposes, and a lot identification
sign in connection with new construction shall be without advertising
content.
(8) One guesthouse in Districts A, A-1 and B only.
[Added 5-18-2005 by L.L. No. 10-2005]
(9) Agricultural pursuits.
[Added 5-18-2005 by L.L. No. 10-2005]
District D is established to enable the Village
to acquire undeveloped land by purchase or gift for future park purposes
and to hold such land in its undeveloped state until such time as
the Village decides to develop such land or to open it for park purposes.
All such land shall be deemed to be in District D upon acquisition
by the Village. No such land or part of such land shall be developed
or opened for park purposes until the Village Board has removed it
from District D.
[Amended 10-16-1976 by L.L. No. 3-1976; 6-24-1978 by L.L. No. 1-1978; 2-9-1991 by L.L. No. 4-1991; 4-24-1993 by L.L. No.
1-1993; 6-16-1994 by L.L. No. 7-1994; 6-21-1995 by L.L. No.
4-1995; 12-19-2001 by L.L. No. 3-2001; 2-25-2004 by L.L. No.
1-2004; 5-18-2005 by L.L. No. 10-2005]
The following shall be minimum requirements
and the maximum height and floor areas for each district:
|
District
|
---|
Dimension
|
A
|
A-1
|
B
|
B-1
|
---|
Minimum lot area (acres):
|
2
|
2
|
1
|
20,000 square feet
|
Minimum front lot line or lines (feet):
|
|
|
|
|
|
Main building
|
200*
|
150*
|
150*
|
90*
|
|
* Or 90 continuous feet on the circumference
of a turnaround in a subdivision approved by the Planning Board.
|
Minimum front yard (feet):
|
|
|
|
|
|
Main building, guesthouse or accessory structure
|
100
|
75
|
100
|
40
|
Minimum side yard (feet):
|
|
|
|
|
|
Main building, guesthouse or other accessory
structure
|
55*
|
40
|
40
|
27**
|
|
* For lots fronting on Stony Brook Harbor, it
shall be 100 feet from the mean high-water line and 100 feet from
the top edge of an adjacent bluff.
|
|
** For a swimming pool in a B-1 District, the
side yard setback shall be 15 feet with 60 feet the minimum total
for two sides. The rear yard setback shall be 15 feet.
|
Minimum total of 2 side yards (feet):
|
|
|
|
|
|
Main building, guesthouse or other accessory
structure
|
110
|
85
|
85
|
60
|
Minimum rear yard (feet):
|
|
|
|
|
|
Main building or guesthouse
|
75*
|
75
|
75
|
50
|
|
Other accessory structure
|
45*
|
45
|
45
|
45**
|
|
Modified setbacks for all buildings and structures
A and A1 Zoning: The setbacks for a two-acre lot shall conform to
the Zoning Code. The maximum setback for each additional acre for
each yard shall increase by six feet. The maximum setback will be
calculated for a ten-acre lot.
|
|
* For lots fronting on Stony Brook Harbor, it
shall be 100 feet from the mean high-water line and 100 feet from
the landward edge of an adjacent bluff. [Amended 12-19-2001 by L.L. No. 3-2001]
|
|
** For a swimming pool in a B-1 District, the
side yard setback shall be 15 feet, with 60 feet the minimum total
for two sides. The rear yard setback shall be 15 feet.
|
|
All basements or other portions of a building
wholly or partly underground constructed beyond the footprint of a
building must comply with all applicable setbacks.
|
|
District
|
---|
Dimension
|
A
|
A-1
|
B
|
B-1
|
---|
*Minimum floor area (square feet):
|
|
|
|
|
Main building, 1 story
|
2,250
|
2,250
|
2,250
|
2,250
|
Main building, more than 1 story
|
|
|
|
|
|
Total floor area
|
2,750
|
2,750
|
2,750
|
2,750
|
|
Ground floor area
|
1,750
|
1,750
|
1,750
|
1,750
|
Maximum height (feet):
|
|
|
|
|
(See definition of "height" of building or structure.)
|
|
Main building or guesthouse
|
34
|
34
|
34
|
34
|
|
Accessory building
|
28/18*
|
18
|
18
|
18
|
*Eighteen feet for lots of two acres or less,
28 feet for lots of greater than two acres.
|
Maximum floor area ratio (% of total lot area)
|
|
|
|
|
|
Main building, 1 story
|
6%
|
6%
|
6%
|
6%
|
|
Main building, more than 1 story
|
8%
|
8%
|
8%
|
8%
|
Floor area ratio is calculated by dividing the
total floor area of the main structure by the total lot area, except
in the B-1 District where it shall be calculated by dividing the total
floor area of all structures by the total lot area.
|
Maximum floor area (feet):
|
|
|
|
|
(See definition of "floor area.")
|
|
Guesthouse or studio
|
800
|
800
|
800
|
Not permitted
|
|
Other accessory building
|
1,500*
|
1,500*
|
1,500
|
1,500
|
|
* Seven hundred fifty square feet may be added
for each acre of lot area over the minimum if a restriction is filed
in the owner's chain of title to prevent further subdivision.
|
[Added 12-19-2001 by L.L. No. 3-2001; amended 5-19-2010 by L.L. No. 1-2010]
The minimum setback in Districts A, A-I, B and
B-1 of all buildings and structures, except docks, structural retaining
walls, erosion protection structures and beach access stairways and
walkways, shall be the greater and more restrictive of:
A. One hundred feet from mean high water on Long Island
Sound and Stony Brook Harbor; or
B. One hundred feet from the upland boundary of any freshwater
or tidal wetland as identified on the Freshwater or Tidal Wetlands
Map prepared by or for the State of New York, as such maps may be
from time to time amended, and filed by the Department of Environmental
Conservation pursuant to Article 24 and Article 25 of the New York
State Environmental Conservation Law.
C. One hundred feet from the landward edge of a bluff
overlooking or adjacent to Stony Brook Harbor.