In any residence district, no building or premises shall be
used, and no building or group of buildings or part of a building
or structure shall be erected, constructed, enlarged, altered, arranged
or designed to be used, in whole or in part, except for one or more
of the uses set forth below.
The permitted principal uses are as follows:
B. The Village Hall, Village police station, Village fire station or
other Village uses.
C. The Village park, Village playground, wildlife preserve, natural
park reservation.
[Amended 11-18-1982 by L.L. No. 1-1982; 12-18-1986 by L.L. No.
5-1986; 1-15-1987 by L.L. No. 1-1987; 3-20-2007 by L.L. No.
2-2007]
A. The following uses are permitted subject to conformity with requirements set forth below and in §§
128-34 through
128-38.
(1) Churches and other places of worship, located on a site of at least
five acres and with adequate provision for parking at times of maximum
attendance or use of the premises, with landscaping and controls over
lighting as may be required so as to protect and not adversely affect
adjoining residential properties, and with means of ingress and egress
which are properly related to the street system.
(2) Farms, farm uses, customary farm occupations, nurseries and greenhouses,
provided that:
(a)
No manure or odor- or dust-producing substance or use shall
be permitted or stored within 100 feet of any property line.
(b)
A fence shall be installed to prevent straying of any livestock
or poultry, which fence shall be maintained in sound condition and
shall be required to be of a design and appearance appropriate for
the surrounding neighborhood.
(c)
There shall be no sale to the public at retail of produce or
plant material or other items, whether or not produced on the premises.
(3) Guest houses in R-2 Districts, for use solely by guests, relatives and employees of the owner-occupants of existing one-family dwellings. Such houses shall be considered accessory buildings, and one such house shall be permitted on the same lot as a one-family dwelling, provided that such lot has at least twice the area required by §
128-24 for the R-2 District. The Village Board may establish, from time to time, such conditions on the nature and length of occupancy of such houses as to assure that they will not be used except for purposes clearly incidental to the maintenance and enjoyment of the principal use for the lot on which they are located, except that any guesthouse in existence at the time of adoption of this chapter may be continued in its then usage so long as such building remains standing.
(4) Equitation centers in R-2 Districts, provided that an applicant for
a special permit to operate such special use (the operator) shall
submit to the Village Board evidence of compliance or intended compliance
with the following:
(a)
Ownership or a leasehold of a minimum of 25 contiguous acres
available for equestrian use as hereinafter permitted, with direct
noneasement access to a public Village road with a minimum paved surface
of at least 20 feet in width.
(b)
Barns or other structures accommodating horses are or will be
constructed pursuant to the New York State Building Code and will
contain no standup stalls, and any newly constructed box stalls will
be no smaller than 10 feet by 10 feet. No such stall shall house more
than one horse (except mares with foals), and each horse shall be
housed in a stall. Any such center shall have an indoor riding arena
with a minimum riding area of 70 feet by 140 feet.
(c)
The maximum number of horses kept and maintained on the premises
for any reason shall not exceed 75, not counting foals.
(d)
All horses kept and maintained on the premises shall be either
privately owned and boarded or owned by the operator and used solely
for breeding, sale or equestrian instruction. Under no circumstances
shall rental horses be leased for unsupervised riding, nor shall an
equitation center be used as a hack stable. Under no circumstances
shall horses owned by an equitation center be ridden off the premises.
(e)
The number of horse shows per calendar year shall be determined
by the Board of Trustees of the Village of Nissequogue at the time
of issuance or renewal of permit, but in no event shall any show begin
prior to 8:00 a.m. or terminate later than 6:00 p.m. Additionally,
no show shall be held on the Memorial Day, Fourth of July or Labor
Day weekends. Adequate on-premises parking, not adjacent to existing
residences unconnected with an equitation center, shall be provided
for horse shows. All applicable state, county and Village noise, safety
and sanitary regulations shall be observed. All amplification systems
used for horse shows must be reviewed and approved by the Village
Engineer prior to any show. The Village Police and Fire Departments
shall be given a minimum of 10 days' notice of any horse shows. All
parking plans shall be subject to prior police approval and shall
be further subject to such other rules and regulations as may be formulated
by the Village Board from time to time, but in no event shall parking
be permitted within 100 feet of a boundary line unless said boundary
line is adjacent to a Village or private road. Any extraordinary Village
expenses occasioned by horse shows shall be borne by the operator,
including but not limited to police and emergency services.
(f)
Vending machines on the premises shall number no more than three
and shall offer only food and nonalcoholic beverages to patrons of
the equitation center, where located. There shall be no manual or
electronic amusement machines or games on the premises.
(g)
Retail sales of supplies for the care and upkeep of horses shall
be conducted in an indoor area of not more than 250 square feet, and
any such service shall be owned and operated by the operator of the
equitation center and shall be limited to patrons of such center where
located. All other retail sales shall be prohibited.
(h)
Any manure not spread as fertilizer must be kept in a single
enclosed area not closer than 100 feet to any property line.
(i)
The entire equitation center shall be enclosed by adequate fencing
and gates which shall be kept in good repair.
(j)
Any barn or structure used in connection with an equitation
center shall be constructed no closer than 200 feet to any property
line. Any outdoor lighting must be approved, before installation,
by the Village Board.
(k)
The Village Board, in granting a special permit for an equitation
center, may impose, from time to time, such other conditions and limitations
as the Village Board deems justified to protect the health, safety
and welfare of the Village.
(l)
Any special permit granted pursuant to this section shall be
for a period of three years. No renewal permit shall be granted unless
the operator making application therefor evidences continued adherence
to the standards set forth herein.
B. The erection, construction, change, alteration, modification, or use of any wireless telecommunications facility is permitted subject to conformity with the requirements set forth in Chapter
126 of the Code.
The following shall be permitted accessory uses:
A. A private garden house, toolhouse, playhouse, greenhouse, bathhouse,
boathouse or similar private accessory use not used for commercial
or public purposes.
B. A private swimming pool, tennis court or dock.
C. A private garage or carport for housing private passenger cars of
residents and their employees living on the premises.
D. The temporary storage of a boat, house trailer, boat trailer, auto
trailer, mobile house trailer or camper vehicle, provided that the
same is enclosed within a building or is screened from view by evergreen
planting and provided that the same is not used for dwelling purposes.
E. A private stable for the housing of horses or similar domestic animals
(including mules and donkeys), used exclusively by the owner of such
property his household guests and employees, provided that the lot
shall have an area of at least two acres for one or two such animals
and one additional acre for each additional animal; provided, however,
that no stable shall be erected or maintained within 100 feet of any
street or property line and that no manure shall be stored within
100 feet of any property line.
F. Signs used on the same lot in conjunction with a permitted principal
or accessory use not exceeding 15 inches by 20 inches in size, provided
that such signs are not painted with reflective or luminous-type paint.
Such signs may display "private road," "no trespassing" and "no hunting"
and similar messages, 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.