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:
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.
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.
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.
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.
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:
Maintain the existing residential environment by relying on nearby areas outside the village to supply shopping and cultural opportunities for present and prospective residents.
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.
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.
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.
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:
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.
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.
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.
Protect and conserve the value of buildings in the various districts established by this chapter.
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.
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.
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.
Limit development to an amount commensurate with the availability and capacity of public facilities and services.
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.
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.
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."
Unless otherwise specified, all distances shall be measured horizontally.
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.
- AREA, BUILDING
- 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.
- AREA, FLOOR
- All floor area within the exterior walls of a building, but not to include open porches or breezeways, garages, basements or unhabitable 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]
- BOARD OF APPEALS
- 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.
- BUILDING, ACCESSORY
- A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.
- BUILDING, MAIN
- 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.
- DWELLING, ONE-FAMILY
- 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]
- (1) 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.
- (2) In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
- (a) 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.
- (b) 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.
- (c) The group (excluding bona fide domestic servants) shares expenses for food, rent or ownership costs, utilities and other household expenses.
- (d) The premises is being occupied in strict accordance with all applicable health, safety and fire codes.
- (e) 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.
- (f) Any other fact reasonably related to whether or not the group is the functional equivalent of a family.
- FARM, FARM USE, CUSTOMARY FARM OCCUPATION
- 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.
- FRONT YARD SETBACK LINE
- 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.
- GARAGE, PRIVATE
- An accessory building or part of a main building used primarily for the storage of motor vehicles as an accessory use.
- GRADE, FINISHED
- 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.
- HEIGHT OF BUILDING OR STRUCTURE
- 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]
- HOUSE TRAILER
- 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 AREA
- The total area included within lot lines when measured in accordance with the provisions of § 128-17.
- LOT DEPTH
- The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
- LOT WIDTH
- The mean width of a lot measured at right angles to its depth, measured at the main building line.
- NONCONFORMING USE
- 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.
- PARKING SPACE
- 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.
- PLANNING BOARD
- 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.
- STEEP SLOPE
- 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.
- STORY, HALF
- 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.
- USE, ACCESSORY
- 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.
- VILLAGE BOARD
- 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.
- YARD, FRONT
- 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.
- YARD, REAR
- 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.
- YARD, SIDE
- 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.
The Village of Nissequogue is hereby divided into the following districts:
R-2 Residence District
R-1 Residence District
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.
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:
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.
Where district boundaries are indicated as following approximately streets or rights-of-way, the center lines thereof shall be construed to be such boundaries.
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.
Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundaries.
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.
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.