There is hereby established and adopted, pursuant to Article VII of the Village Law of the State of New York and for the purposes set forth therein, a Zoning Ordinance in accordance with a Comprehensive Plan for the development of the Village of Nissequogue. This chapter embodies a Comprehensive Plan designed for the protection and promotion of the public health, safety and welfare, which plan is derived from the following basic findings and related development policies.
As a basis for establishing a general policy on development
and the regulation thereof, the following findings are relevant:
A.
The Village of Nissequogue is a functional part of the New York metropolitan
area, notably the Long Island sector thereof. The planning for and
regulation of its future development, as set forth in this chapter,
recognizes the relationship between the Village and the intercommunity
composite of which it is a part. In particular, the plan recognizes
the existence of and convenient access to adequate community shopping
and cultural facilities in the adjacent areas of the Town of Smithtown,
as well as the wide variety of housing types permitted and existing
in the town and other nearby areas.
B.
In establishing appropriate levels of intensity of land occupancy,
consideration is given to the rugged terrain of the Village, the infeasibility
of economically providing a public water supply and sanitary sewerage
and the lack of water and hydrants for fire protection purposes.
C.
The natural beauty of the Village, with its scenic outlooks over Long Island Sound, Stony Brook Harbor and the Nissequogue River, is recognized in this chapter and in Chapter 101, Subdivision of Land, in order to preserve to the maximum extent possible the unspoiled character of the land.
D.
The existing pattern of development, in accordance with the Zoning
and Land Subdivision Regulations heretofore applicable, has generally
been consistent with the foregoing basic findings. Further regulation
and public action should be designed to conserve and protect such
development.
E.
Existing public facilities are limited primarily to public and private
thoroughfares which comprise a convenient system of streets subject
to possible minor improvements in horizontal and vertical alignment
so as to preserve their safety and traffic-carrying capacity. Any
significant increase in development intensity beyond that permitted
by this chapter would require major modifications in such thoroughfares,
and notably such major Village streets as Nissequogue River Road.
Long Beach Road and Moriches Road, which are already carrying near
capacity traffic, particularly during the summer to town bathing and
boating facilities located within the Village.
Pursuant to the foregoing basic findings, this chapter is designed
to achieve an ultimate pattern of Village development which will:
A.
Maintain the existing residential environment by relying on nearby
areas outside the Village to supply shopping and cultural opportunities
for present and prospective residents.
B.
Establish suitable controls for a density pattern which will not
require public water supply and sewers and which will not create a
public hazard in the absence of such public facilities.
C.
Conserve the natural beauty of the terrain by encouraging low-density,
suitably concentrated development, with the permanent preservation
of natural features, including the shoreline and adjacent marshlands.
D.
Preserve and protect existing community values by preventing inharmonious
or deleterious uses and notably those uses which can more appropriately
and economically be provided elsewhere in the larger intercommunity
area.
E.
Be consistent with the Local Waterfront Revitalization Program policy
standards.
[Added 6-27-1991 by L.L. No. 7-1991]
Pursuant to the foregoing findings and policies, this chapter
and plan has the following purposes:
A.
Guide the future growth and development of the Village in accordance
with a Comprehensive Plan that represents the most beneficial and
convenient relationships among the areas within the Village, considering
the suitability of the various uses in each area and the potential
for such uses as indicated by existing conditions, having regard for
conditions and trends both within the Village and in relation to adjoining
areas.
B.
Provide adequate light, air and privacy; secure safety from fire,
flood and other danger and prevent overcrowding of the land and undue
congestion of population.
C.
Protect the character and the social and economic stability of all
parts of the Village and ensure that all development shall be orderly
and beneficial.
D.
Protect and conserve the value of buildings in the various districts
established by this chapter.
E.
Bring about the gradual conformity of the uses of land and buildings
throughout the Village with the Comprehensive Plan set forth in this
chapter and minimize conflicts among the uses of land and buildings.
F.
Promote the most beneficial relation between the uses of land and
buildings and the circulation of traffic throughout the Village, having
particular regard to the avoidance of congestion in the streets and
the provision of safe and convenient traffic access appropriate to
the various uses of land and buildings throughout the Village.
G.
Serve as a guide for public policy and action in the efficient provision
of public facilities and services and for private building development
and other activity relating to uses of land and buildings throughout
the Village.
H.
Limit development to an amount commensurate with the availability
and capacity of public facilities and services.
I.
Prevent the pollution of waters, ponds and streams; safeguard water
resources and encourage the wise use and sound management of natural
resources throughout the Village in order to preserve the integrity,
stability and beauty of the community and the value of the land.
A.
All words used in the present tense include the future tense, all
words in the plural number include the singular number, and all words
in the singular number include the plural number, unless the natural
construction of the wording indicates otherwise.
B.
The word "lot" includes the word "plot," the word "building" includes
the word "structure," and the word "shall" is mandatory. The word
"person" includes any legal entity, as well as an individual. The
word "use" shall be deemed also to include "designed, intended or
arranged to be used."
C.
Unless otherwise specified, all distances shall be measured horizontally.
D.
ALTER
AREA, BUILDING
AREA, FLOOR
BASEMENT
BEACH
BLUFF
BOARD OF APPEALS
BUILDING
BUILDING, ACCESSORY
BUILDING, MAIN
COVERAGE
DWELLING
DWELLING, ONE-FAMILY
FAMILY
(1)
(2)
(a)
(b)
(c)
(d)
(e)
[1]
[2]
[3]
[4]
[5]
[6]
(f)
FARM, FARM USE, CUSTOMARY FARM OCCUPATION
FRONTAGE
FRONT YARD SETBACK LINE
GARAGE, PRIVATE
GRADE, FINISHED
HEIGHT OF BUILDING OR STRUCTURE
HOUSE TRAILER
LOT
(1)
(2)
LOT AREA
LOT DEPTH
LOT LINES
(1)
LOT WIDTH
NONCONFORMING USE
PARKING SPACE
PLANNING BOARD
SIGN
STEEP SLOPE
STORY
STORY, HALF
STREET
STRUCTURE
USE
USE, ACCESSORY
VILLAGE
VILLAGE BOARD
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
For the purposes of this chapter, certain words and terms used herein
are defined as follows:
To change or rearrange the structural parts or the exit facilities
of a building or structure, including extension on a side or increase
in height, or the moving from one location or position to another.
The total of areas taken on a horizontal plane at the main
grade level of main buildings and all accessory buildings, including
gross area within exterior walls exclusive of uncovered porches, parapets,
steps and terraces.
All floor area within the exterior walls of a building, but
not to include open porches or breezeways, garages, basements or uninhabitable
attic space. A split level house with the principal floor at a different
level not exceeding four feet shall be considered a one-story dwelling.
That portion of a building wholly or partly underground and
extending no more than five feet above average finished grade.
The zone of unconsolidated earth extending landward from
the mean high-water line to the waterward toe of a dune or bluff,
whichever is most waterward. Where no dune or bluff exists landward
of a "beach," the landward limit of a "beach" is 100 feet landward
from the mean high-water tide. Shorelands subject to seasonal or more
frequent overwash or inundation are considered to be "beaches."
[Added 6-27-1991 by L.L. No. 7-1991]
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or body of water. The seaward limit of a "bluff"
is the landward limit of its waterward natural protective feature,
such as a beach or dune. Where no waterward natural protective feature,
such as a beach or dune, is present, the waterward limit of a "bluff"
is mean high water. The landward limit of a "bluff" is 100 feet landward
of the ridge line of the "bluff."
[Added 6-27-1991 by L.L. No. 7-1991]
The duly appointed Board of Appeals of the Village.
Any fixed structure having a roof and intended for the shelter,
housing or enclosure of person, animals or chattels.
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot.
A building in which is conducted the main or principal use
of the lot on which such building is situated.
That percentage of the lot area covered by the building area.
A building designed or used exclusively as living quarters
and shall not be deemed to include motel, hotel, rooming house or
tourist home, mobile home, trailer, camping car, tent or other similar
temporary or mobile structure.
A detached building occupied by a single family or housekeeping
unit, and not used as a so-called "model house" for promoting the
sale of improved or unimproved property.
Five or fewer persons occupying a dwelling unit, or six or
more persons occupying a dwelling unit and living together as a traditional
family or the functional equivalent of a traditional family.
[Amended 12-19-2006 by L.L. No. 5-2006]
It shall be presumptive evidence that six or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which, in theory, size, appearance, structure
and function, resembles a traditional family unit, which may include
bona fide domestic servants employed at the premises on a full-time
basis.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group (excluding bona fide domestic servants) shares expenses
for food, rent or ownership costs, utilities and other household expenses.
The premises is being occupied in strict accordance with all
applicable health, safety and fire codes.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools.
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units;
Common ownership of furniture and appliances among the members
of the household; and
The group is not transient or temporary in nature.
Any other fact reasonably related to whether or not the group
is the functional equivalent of a family.
The use of a parcel of land, either as a principal or accessory
use, for the purpose of the commercial production of agricultural,
floricultural, vegetable and fruit products of the soil, livestock
and meats, dairy products, nuts, honey and wool, but shall not include
maintaining riding academies and livery stables or commercial kennels.
A garden, accessory to a residential use, shall not be deemed a "farm"
or "farm use." A "customary farm occupation" shall be the conducting
of usual farm activities and shall include the processing of the products
of only the farm on which such processing is conducted.
The extent of a parcel of land along a street.
A line parallel to the front lot line and a distance therefrom
equal to the required minimum front yard for the district in which
located.
An accessory building or part of a main building used primarily
for the storage of motor vehicles as an accessory use.
The elevation, at any point along a wall of a building, of
the completed surfaces of lawns, gardens, walks or roads adjoining
such wall at that point.
The vertical distance measured from the average elevation
of the finished grade (finished grade = existing undisturbed grade
and/or final grade as established on an approved site plan). The vertical
distance shall be measured on each side of the building to the highest
point of the roof for flat roofs, to the deck line of a mansard roof
and to the average height between the eaves and the ridge for gable,
hip and gambrel roofs. The maximum height of structure shall not exceed
40 feet for gable, hip and gambrel roofs. The maximum height for all
other roofs shall not exceed 35 feet.
[Amended 10-17-2000 by L.L. No. 1-2000]
Any portable or mobile vehicle used or designed to be used
for living or sleeping purposes, and shall include such a vehicle
if mounted on temporary or permanent foundations with or without the
wheels in place.
A, parcel of land, not divided by or lying within a street
or streets, occupied or to be occupied by a building or buildings
and accessory buildings, together with such open spaces as are required
under the provisions of this chapter, and having its principal frontage
on a street or on such other means of access as may be deemed, in
accordance with the provisions of law, to be adequate for purposes
of issuing a building permit for a building on such land.
LOT, CORNERA lot of which at least two adjacent sides abut on streets or public places.
LOT, INTERIORA lot other than a corner lot.
The total area included within lot lines when measured in accordance with the provisions of § 128-17.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
The property lines bounding a lot as defined herein.
LOT LINE, FRONTThe property line or lines separating the lot from the street or streets.
The mean width of a lot measured at right angles to its depth,
measured at the main building line.
A use of a building or of land that does not conform to the
regulations as to the use in the district in which it is situated,
which use was lawful at the time this chapter or amendments thereto
became effective.
An off-street space, available for the parking of one motor
vehicle on a transient basis, having dimensions of not less than 10
feet by 20 feet, exclusive of passageways and driveways appurtenant
thereto, and giving access thereto, and having direct usable access
to a street or right-of-way.
The duly appointed Planning Board of the Village.
Any device for visual communication which is used for the
purpose of bringing the subject thereof to the attention of the public,
and including any badge or insignia of any municipal agency or any
civic, charitable, religious, patriotic or fraternal or similar organization.
Any hillside, bank, cliff or area of land with a gradient
of, or greater than, 25% over a horizontal length of at least 25 feet
and extending for a horizontal width of at least 25 feet.
[Added 6-27-1991 by L.L. No. 7-1991; amended 8-16-2005 by L.L. No.
3-2005]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be counted as a "story" if its ceiling
is more than five feet above the level from which the height of the
building is measured.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
A public or private thoroughfare devoted to vehicular and
pedestrian movement, including a road or right-of-way, permanently
open to common and general use, over which the abutting owners have
the rights of access, air and light, which thoroughfare has been established
as part of a subdivision approved by the Village Planning Board or
as part of a subdivision plat recording in the office of the County
Clerk of Suffolk County or which thoroughfare existed prior to the
date that the Village regulated the subdivision of land. A private
driveway shall not be considered a "private street" unless or until
a right-of-way or easement therein is vested in more than one ownership.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including but not limited to signs, swimming pools,
tennis courts, docks, retaining or other types of walls and fences.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use," or its equivalent, shall not be deemed to
include any nonconforming use.
A use which is customarily incidental and subordinate to
the principal use of a lot or a building and located on the same lot
therewith and limited to the uses specifically permitted for the zoning
district in which it is located.
The Village of Nissequogue.
The duly elected Village Board of Trustees of the Village.
A required open space of uniform width or depth, as the case may be, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the appropriate lot line and is unoccupied and unobstructed from the ground upward, except for certain features specified in §§ 128-26 through 128-29. In measuring a yard, as hereinafter provided, the "line of a building" shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid sections as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively and shall be at right angles from such line of the building to the nearest lot line. Thus, as set forth in § 128-24, the required minimum front, rear and side yard dimensions shall refer to the parallel distance between the appropriate lot line and the nearest point of any building situate on the lot.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
A year extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard.
A.
The Village of Nissequogue is hereby divided into the following districts:
|
R-2 Residence District
|
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R-1 Residence District
|
B.
Said districts are bounded and defined as shown on a map entitled
"Zoning Map of the Village of Nissequogue, Suffolk County, New York."
which, with all explanatory matter thereon, including the effective
date of this chapter, is hereby adopted and made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
Where districts are referred to as "more restrictive" or "less
restrictive," the designation shall refer to the order in which the
districts are named above, the first named being the most restrictive.
Where uncertainty exists as to the locations of any boundaries
shown on the Zoning Map, the following rules shall apply:
A.
District boundary lines are intended to follow streets, rights-of-way,
watercourses or lot lines or be parallel or perpendicular thereto,
unless such district boundary lines are fixed by dimensions, as shown
on the Zoning Map.
B.
Where district boundaries are indicated as following approximately
streets or rights-of-way, the center lines thereof shall be construed
to be such boundaries.
C.
Where district boundaries are so indicated that they approximately
follow the edge of any ponds, the Nissequogue River, Long Island Sound
or other bodies of water, the mean highwater lines thereof shall be
construed to be the district boundaries, except that the regulations
of the most restrictive district on the edge of such a body of water
shall apply to the area within the mean high-water line thereof.
D.
Where district boundaries are so indicated that they approximately
follow lot lines, such lot lines shall be construed to be such boundaries.
E.
In subdivided property, or where a district boundary divides a lot,
the location of any such boundary, unless the same is indicated by
dimensions shown on said map, shall be determined by the use of the
map scale shown thereon.
F.
If the district classification of any land is in question, it shall
be deemed to be in the most restrictive district.
Where a lot in one ownership of record at the time of the adoption
of this chapter is divided by one or more district boundary lines,
the Board of Appeals may permit a limited extension of a use or structure
into the more restrictive portion of the affected lot, provided that
the affected lot has frontage on a street in the less restricted district;
and conditions and safeguards are attached to such permit to protect
existing or prospective development in the more restrictive district.
