A. 
The Village of Quogue is hereby divided into the following zoning districts and as designated on the Zoning Map attached hereto and made a part hereof:[1]
Residence A-1 District
Residence A-2 District
Residence A-3 District
Residence A-4 District
Residence A-5 District
Residence A-7 District
Residence A-8 District
Residence A-9 District
Business B-1 District
Business B-2 District
Light Industry LI-1 District
[Amended 4-22-1987 by L.L. No. 6-1987]
Light Industry LI-2 District
[Added 4-22-1987 by L.L. No. 6-1987]
Workforce Housing District
[Added 2-18-2005 by L.L. No. 1-2005]
Planned Retirement Community District
[Added 7-8-2005 by L.L. No. 3-2005]
(1) 
Any building, structure, lot or land in any of the said districts shall only be utilized in conformance with the Table of Dimensional Regulations attached hereto and made a part hereof.[2]
[2]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
B. 
Within any residence district, a building, structure, lot or land shall be used only for one of the uses permitted in § 196-13 and the customary accessory uses referred to therein.
C. 
Within any business district, a building, structure, lot or land shall be used only for one of the uses permitted in § 196-14 and the customary accessory uses referred to therein.
D. 
Within any light industry district, a building, structure, lot or land shall be used only for one of the uses permitted in § 196-15 and the customary accessory uses referred to therein.
A. 
In the Residence A-1, A-2, A-3, A-4, A-5, A-7, A-8 and A-9 Districts, no lot, building or structure shall be used or be permitted to be used, and no building or structure shall be erected, reconstructed, remodeled or altered or shall be permitted to be erected, reconstructed, remodeled or altered for any use or purpose or for any intended use or purpose, either wholly or partly, other than for one of the following:
(1) 
One one-family dwelling.
[Amended 8-18-2017 by L.L. No. 4-2017]
(2) 
Church or similar place of worship (except in Residence A-1 and A-2 Districts), as a special exception use, when authorized by the Board of Trustees.
(3) 
School, nonprofit, elementary or high, public (except in Residence A-1 and A-2 Districts), as a special exception use, when authorized by the Board of Trustees.
(4) 
Park, playground, recreational area or a use accessory thereto on the same or a separate lot, when authorized or operated by the Village, as a special exception use, when authorized by the Board of Trustees.
(5) 
Public library, fire station, municipal office or any governmental building of similar character when authorized or operated by the Village, as a special exception use, when authorized by the Board of Trustees.
(6) 
One private garage accessory to a permitted use, subject to the following provisions:
[Amended 6-18-1998 by L.L. No. 3-1998; 2-17-2000 by L.L. No. 1-2000; 8-18-2017 by L.L. No. 4-2017]
(a) 
Such garage may be either a detached garage or a garage attached to the principal building.
(b) 
If such garage is a detached garage or does not meet all the criteria in Subsection A(6)(c) below, such garage shall not exceed 10 feet in height if it has a flat or shed roof and shall not exceed 20 feet in height if it has a pitched roof. Any second story constructed over such garage may be used only for storage and, if such garage is accessory to a one-family dwelling and provided all requirements applicable to habitable space in the New York State Code are met, a single-room home office or a single fitness and exercise room for the personal use of the occupants of such single-family dwelling. A garage may have a sink and a toilet on the first floor only but no other use as living quarters except as expressly permitted by this subsection.
(c) 
If such garage is attached to a one-family dwelling and part of a single building, such garage may have a second story used for living quarters (other than cooking), provided all of the following provisions are complied with:
[1] 
Such garage shall be attached on at least one wall to heated living quarters.
[2] 
There shall be no exterior access to the second story over the garage.
[3] 
Main access to the second story over the garage shall be by way of interior access designed and located so as to be an integral part of the living quarters space in the dwelling. A secondary access may be provided from inside the garage.
[4] 
Such main access to the second story over the garage may be by way of access from second-floor living quarters space over the main part of the dwelling or by way of a stairway from first-floor living quarters space to the second story over the garage.
(d) 
In the case of a single-family dwelling that is required to be elevated pursuant to Chapter 95, the Zoning Administrator is authorized to grant height relief up to two feet to a detached accessory garage.
(e) 
No garage shall have an overall floor area exceeding 1,200 square feet or have more than three vehicle bays with an exterior garage door.
(7) 
Cemetery, as a special exception use, when authorized by the Board of Trustees.
[Added 2-20-2009 by L.L. No. 1-2009]
B. 
The following accessory uses and structures shall be permitted upon a lot containing a one-family dwelling or on a contiguous lot if permitted by § 196-20:
[Amended 8-17-1990 by L.L. No. 3-1990; 2-19-1993 by L.L. No. 1-1993; 12-20-1993 by L.L. No. 11-1993; 6-18-1998 by L.L. No. 3-1998; 2-15-2012 by L.L. No. 3-2012; 12-21-2012 by L.L. No. 7-2012; 8-18-2017 by L.L. No. 4-2017; 3-18-2022 by L.L. No. 2-2022]
(1) 
Toolhouse or storage shed, not exceeding 225 square feet in floor area. A toolhouse or storage shed shall not have any contiguous roofed area, shall not be connected to any other structure, and shall not contain any living quarters.
(2) 
Greenhouse, not exceeding 240 square feet in floor area. A greenhouse shall not have any contiguous roofed area, shall not be connected to any other structure, and shall not contain any living quarters.
(3) 
Private swimming pool.
(4) 
Private one-story pool house, not exceeding 250 square feet in floor area in all residence districts other than the A- 8 Residence District and not exceeding 500 square feet in floor area in the A-8 Residence District. A pool house shall not exceed 16 feet in height (except as set forth below) and shall not contain more than one room other than a bathroom. A pool house shall not have heat, air conditioning, cooking or sleeping facilities. A pool house may have a contiguous roofed or covered area open on at least three sides having a ground area not exceeding the maximum permitted floor area of the pool house. In the case of a single-family dwelling that is required to be elevated pursuant to Chapter 95, the Zoning Administrator is authorized to grant height relief up to two feet to an accessory pool house.
(5) 
Private tennis court, pickleball court and/or paddle tennis court.
(6) 
Private boat house, without living quarters upon a lot bounded by a body of water, which may be located less than 50 feet from the body of water upon authorization by the Board of Appeals and subject to such conditions as said Board may impose to protect the character of the area.
(7) 
Flagpole.
(8) 
Gazebo, provided that the same is not enclosed with walls, and provided that the same does not exceed 500 square feet in floor area in the A-8 Residence District or 250 square feet in floor area in all other residence districts.
(9) 
Trellis, arbor or pergola covering a ground area that does not exceed 1,000 square feet.
(10) 
Private boat slip or dock extending from a lot bounded by a body of water, provided that a permit for such boat slip or dock is obtained from the Board of Trustees pursuant to Chapter 77, Bulkheads and Docks; the Board of Trustees may authorize a walkway providing access to such boat slip or dock, subject to such conditions as said Board may impose to protect the character of the area, and in such event, the setback requirement from a body of water shall not apply to such authorized walkway. A boat lift and all associated apparatus constitute structures and are prohibited accessory structures.
(11) 
A single basketball hoop with a backstop, subject to the following provisions:
(a) 
If attached to a building (the dwelling or an accessory building) or a detached supporting structure (such as a pole) in a manner designed to utilize part of the driveway associated with a building as a playing surface, the driveway associated with a building may be utilized as a playing surface for the accessory basketball activity, and such driveway surface need not comply with setback requirements applicable to accessory structures.
(b) 
If attached to one end of a tennis court in a manner designed to utilize the tennis court surface as a playing surface, the tennis court surface at such end of the tennis court may be utilized as a playing surface for the accessory basketball activity, provided that such surface complies with setback requirements applicable to accessory structures.
(c) 
If attached to a building or a detached supporting structure (such as a pole) in any manner other than as aforesaid, the playing surface for the accessory basketball activity shall not exceed 1,500 square feet, and such playing surface shall comply with setback requirements applicable to accessory structures.
(d) 
The hoop and backstop shall comply with setback requirements applicable to accessory structures and shall be exempt from the requirement of obtaining a building permit.
(12) 
Unroofed decks, patios, terraces, walkways and steps with associated railings and walls that comply with § 196-13F.
(13) 
Outdoor fireplaces, kitchens and barbecues and associated chimneys not exceeding 10 feet in height.
(14) 
Outdoor private bocce court or outdoor private sport court having a playing surface that does not exceed 1,500 square feet. Such courts shall be no higher than one foot above the surrounding grade.
(15) 
Children's play equipment, including but not limited to a swing set, a jungle gym and a tree house. A tree house shall not exceed eight feet in length or width or six feet in height, and other play equipment shall not exceed 16 feet in length or width or 12 feet in height.
(16) 
Residential grade generators for the furnishing of emergency power, pool equipment, HVAC equipment, solar panels, fuel tanks and other reasonably necessary mechanical equipment.
(17) 
Artificial ponds and associated equipment, provided that they are located in such a manner that equipment is not audible beyond any property line.
(18) 
Other accessory uses and structures which the Board of Appeals, in a particular case, shall find to be of the same general character as those listed above and which are customarily incidental to a residential use, subject to such conditions and safeguards as the Board of Appeals shall impose in order to maintain the stability and character of the neighborhood and to protect the public health, safety and welfare. Only one of each of the accessory uses and structures enumerated above shall be permitted on any lot, except for those uses and structures referred to in Subsection B(12), (15) and (16).
C. 
The premises occupied on the effective date of this chapter by the Quogue Beach Club on the south side of Dune Road as a beach club, the premises occupied by the Surf Club on the east side of Beach Lane as a beach club, the premises occupied by the Shinnecock Yacht Club on Shinnecock Bay as a yacht club and the premises on the east side of Quogue Street occupied by the Quogue Field Club as a country club may be used for such purposes but only by corporations not operated for a profit.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding clubhouses in the Residence A-7 District, was repealed 8-18-2017 by L.L. No. 4-2017.
E. 
Where a lot bounded by a body of water contains a boat slip which results in an indentation of the body of water into the lot, a structure may be located less than 50 feet from such indentation, upon authorization by the Board of Appeals, provided that such structure complies with all other requirements of this chapter, including the applicable dimensional requirement with respect to its setback or distance from the body of water, excluding such indentation (to wit, from the lot line along the body of water, excluding such indentation). The Board of Appeals may grant such authorization subject to such conditions and safeguards as said Board may impose to protect the character of the area and the public health, safety and welfare.
[Added 1-15-1988 by L.L. No. 3-1988]
F. 
Unroofed decks, patios, terraces, walkways and steps and associated railings and walls may be located in any side or rear yard required for a principal building, whether or not such structures are attached to the principal building, provided that such structures are located in conformity with the minimum distance from side and rear lot lines required for accessory structures. The foregoing provision shall not be construed as permitting, in any side or rear yard required for a principal building, a balcony or similar projection from the wall of the principal building. A walkway to a body of water need not comply with the setback requirement applicable to such body of water. Elevated walkways to a body of water shall be constructed in a manner designed to minimize adverse visual impact. In order to minimize such impact, the Board of Trustees may from time to time by resolution establish and amend written design specifications applicable to such elevated walkways.
[Added 5-20-1988 by L.L. No. 6-1988; amended 8-18-2017 by L.L. No. 4-2017]
G. 
No building located in a nonconforming location shall be reconstructed, altered, enlarged or remodeled for use as a pool house. The use of any building located in a nonconforming location shall not be changed to use as a pool house.
[Added 2-19-1993 by L.L. No. 1-1993]
H. 
An accessory building or other structure shall not contain or be used as living quarters except to the limited extent expressly permitted in § 196-13A(6) pertaining to garages and except to the limited extent expressly permitted in § 196-13B(4) pertaining to pool houses.
[Added 2-19-1993 by L.L. No. 1-1993; amended 8-18-2017 by L.L. No. 4-2017]
I. 
The following provisions shall be applicable to an elevated walkway constructed solely for pedestrian passage (including wheelchair passage) across dunes:
[Added 6-18-1998 by L.L. No. 3-1998; amended 10-15-1999 by L.L. No. 8-1999; 10-21-2011 by L.L. No. 3-2011]
(1) 
The minimum distance from the toe of dune requirement set forth in the Table of Dimensional Regulations[2] shall not apply to such elevated walkway.
[2]
Editor's Note: The Table of Dimensional Regulations is located as an attachment to this chapter.
(2) 
The minimum setback requirement from side lot lines applicable to such elevated walkway shall be 50 feet, except as hereinafter provided. Where a lot has insufficient width to locate such walkway 50 feet from each side lot line, such walkway may be located less than 50 feet from each side lot line, provided that such walkway is located midway between the side lot lines so as to provide the maximum feasible setback from each side lot line.
(3) 
Such elevated walkway shall be constructed in a manner designed to minimize adverse impact on the dunes and to minimize adverse visual impact. In order to minimize such impacts, the Board of Trustees may from time to time by resolution establish and amend written design specifications applicable to such elevated walkway.
J. 
In the Residence A-9 District located north of the LIRR, clearance of natural vegetation and establishment of fertilizer-dependent vegetation shall be limited in accordance with and shall comply with the following:[3]
[Added 7-19-2024 by L.L. No. 6-2024]
(1) 
For the purposes of these provisions, "clearing" is defined as the removal of any portion of the natural vegetation found on a site, exclusive of any vegetation associated with active agricultural or horticultural activity or formalized landscape and turf areas.
(2) 
Clearance of natural vegetation shall not exceed the percentages of the total area of the site as set forth in Figure 5-1 of the Comprehensive Land Use Plan adopted pursuant to § 57-0121 of the State Environmental Conservation Law; the applicable standards are contained in Volume I, Chapter 5, of said Plan under § 5.3.3.6.1 thereof.
(3) 
The calculation of the amount of site clearance shall include site areas proposed to be cleared and site areas previously cleared.
(4) 
Development plans shall delineate the site areas with existing natural vegetation and the limits of the proposed clearance. Development plans shall contain calculations with respect to site areas previously cleared and site areas proposed to be cleared.
(5) 
Where applicable, development design shall support preservation of natural vegetation in large unbroken blocks that allow contiguous open spaces to be established when adjacent sites are developed. Where applicable, development design shall be configured in such a way as to prioritize the preservation of native pine barrens vegetation.
(6) 
No more than 15% of an entire development project site shall be established in fertilizer-dependent vegetation including formalized turf areas. Generally, nonnative species require fertilization; therefore, planting of such nonnative species shall be limited to the maximum extent practicable.
(7) 
The portion of the Village now situate in the Residence A-9 District located north of the LIRR is situate in the compatible growth area defined in Subsection 12 of § 57-0107 of the State Environmental Conservation Law. The purpose of the foregoing provisions is to incorporate in the Village Zoning Code applicable land use standards contained in the Central Pine Barrens Comprehensive Land Use Plan adopted pursuant to § 57-0121 of the State Environmental Conservation Law; the applicable standards are contained in Volume I, Chapter 5, of said Plan.
[3]
Editor's Note: Former Subsection J, added 10-15-1999 by L.L. No. 8-1999, regarding provisions applicable to elevated decks attached to elevated walkways across dunes, was repealed 10-21-2011 by L.L. No. 3-2011.
K. 
No building permit for construction of a tennis court, paddle tennis court or pickleball court shall be issued until a landscape plan therefor shall have been approved by the Zoning Administrator. Such plan shall provide vegetative screening for the screening of the court (including its fence) from view from adjoining parcels and from any street to the extent that it is visible from a street. The landscape plan shall also include adequate provisions to assure stormwater runoff generated from the court is retained on the premises. Installation and maintenance of the required vegetative screening shall be a continuing condition to use of the court. In addition to the required landscaping, the construction of a new pickleball court or the conversion or use of any tennis court or playing court for playing pickleball shall include appropriate sound attenuation measures to mitigate noise to adjoining residences to be reviewed and approved by the Design Review Board.
[Added 5-18-2001 by L.L. No. 4-2001; amended 8-18-2017 by L.L. No. 4-2017; 9-15-2023 by L.L. No. 9-2023]
A. 
In the Business B-1 District, no building, structure, lot or land shall be used for any use other than the following:
(1) 
Any dwelling lawfully existing on the date this chapter is adopted and a one-family residence use as permitted in the Residence A-5 District, subject to the same area and dimensional requirements as in the Residence A-5 District.
(2) 
Park, playground or recreational area when authorized or operated by the Village, as a special exception use, when authorized by the Board of Trustees.
(3) 
Office, business or professional.
(4) 
Personal service shop, barbershop, beauty parlor, dry cleaning or laundry service employing not more than five persons, professional studio, travel agency or similar shop.
(5) 
Shop for custom work and for making articles to be sold at retail on the premises.
(6) 
Retail store or shop, except as otherwise hereinafter provided.
[Amended 10-20-1989 by L.L. No. 5-1989]
(7) 
Retail food store or other food dispensing establishment (except that a restaurant is prohibited) as a special exception use, only when authorized by the Board of Trustees.
[Added 10-20-1989 by L.L. No. 5-1989]
(8) 
One-family detached dwellings on a parcel of land containing a building of historic significance to the Village, as a special exception use, when authorized by the Board of Trustees, subject to the following provisions:
[Added 6-26-2009 by L.L. No. 4-2009]
(a) 
The building of historic significance shall be preserved on such parcel. Preservation of such building shall be a condition of special exception use approval.
(b) 
The lot area of such parcel shall be not less than 100,000 square feet. The street frontage of such parcel shall be not less than 300 feet on Quogue Street.
(c) 
The permitted density (the number of one-family detached dwellings) on such parcel shall not exceed one dwelling unit per 20,000 square feet of lot area.
(d) 
The building of historic significance on such parcel shall be used as a one-family detached dwelling.
(e) 
The provisions of § 196-7 shall not be applicable to this special exception use.
(f) 
Accessory uses and structures on such parcel shall be limited to accessory uses and structures authorized by special exception use approval from the Board of Trustees.
(g) 
The lot coverage shall not exceed 20% of the lot area.
(h) 
All buildings and structures other than the building of historic significance shall be located at least 75 feet from Quogue Street. All buildings and structures shall be located at least 25 feet from side and rear lot lines.
(i) 
There shall be no exterior alteration of or addition to the building of historic significance without the approval of the Board of Trustees. The building of historic significance shall not be relocated on such parcel without the approval of the Board of Trustees.
(j) 
The Board of Trustees may impose reasonable conditions incident to granting special exception use approval.
B. 
In the Business B-2 District, no building, structure, lot or land shall be used for any use other than the following:
(1) 
The uses permitted in the B-1 District, except that retail food stores and other food dispensing establishments are prohibited.
(2) 
Automobile dealer, but the sale of used cars is permitted only as an adjunct to the sale of new cars.
(3) 
Automobile repair garage.
(4) 
Gasoline service station.
(5) 
A home professional office accessory use within a one-family dwelling or a home occupation accessory use within a one-family dwelling, as a special exception use, when authorized by the Planning Board, provided that the Planning Board determines that the proposed accessory use on the particular parcel for which proposed will not produce an undesirable change in the character of the neighborhood, and subject to the following provisions:
[Added 3-20-2015 by L.L. No. 3-2015]
(a) 
In the Business B-2 District, a one-family dwelling as permitted in the Residence A-5 District is a permitted use, and various business uses are permitted uses. There is no provision which permits a mixed use building containing a one-family dwelling use and a business use as independent or principal uses. The provisions of § 196-14B(5) are intended to accommodate a one-family dwelling with a home professional office accessory use therein or a home occupation accessory use therein on a parcel which is not used for any principal use other than a one-family dwelling.
(b) 
As used herein, the following terms shall have the indicated meanings and shall be subject to the following restrictions:
[1] 
A "home professional office" means the office of a resident physician, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, interior designer, real estate broker or salesman, insurance broker or agent, or teacher as herein restricted. For the purpose of this definition, a teacher shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at one time. The home professional office of a physician shall not include a biological or other medical testing laboratory. A home professional office shall not occupy more than the equivalent of 1/2 of the floor area of one floor of the dwelling.
[2] 
A "home occupation" means any gainful occupation, other than a home professional office, that the Planning Board determines is suitable for conduct within a dwelling by the residents thereof and is clearly secondary to the residential use and that does not change the character of the dwelling as a residence. A home occupation shall not occupy more than the equivalent of 1/2 of the floor area of one floor of the dwelling.
[3] 
A home professional office or home occupation shall not employ more than two persons who are not members of the family.
[4] 
A home professional office or home occupation shall not include the office or occupation of any person engaged principally in the purchase or sale of goods at the premises.
(c) 
The one-family dwelling shall be an owner-occupied one-family dwelling, to wit, occupied by the owner as a residence. Such accessory use shall be conducted by such owner (a resident of the dwelling) as an accessory use that is secondary and subordinate to the residential use.
(d) 
There shall be no change in the nature or character of the particular accessory use approved by the Planning Board without further approval from the Planning Board.
(e) 
The floor area of the particular accessory use as approved by the Planning Board shall not be increased without further approval from the Planning Board.
(f) 
Incident to granting special exception use approval, the Planning Board may impose reasonable conditions and safeguards.
(g) 
No sign relating to such accessory use shall be installed without approval from the Planning Board. Any sign relating to such accessory use shall be consistent with the character of the property as a one-family dwelling with such accessory use in the Business B-2 District, as determined by the Planning Board. No such sign as approved by the Planning Board shall be enlarged, extended, relocated or changed in style or character without further approval from the Planning Board.
C. 
Site plan approval.
[Added 8-17-1990 by L.L. No. 4-1990; amended 3-10-1993 by L.L. No. 3-1993]
(1) 
Before a building permit is issued or a use commenced or changed on a lot in the Business B-1 and Business B-2 Districts, a site plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, which shall review and approve the same or approve with modifications or disapprove the same.
(2) 
The site 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 of screening, landscaping and buffer areas.
(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 plan shall have been approved by the Planning Board.
D. 
The following minimum required transitional yards and screening shall be provided within the Business B-1 and Business B-2 Districts adjoining residential districts in order to assure orderly and compatible relationships along such district boundary lines:
[Added 8-17-1990 by L.L. No. 4-1990]
(1) 
The minimum required transitional side and rear yards shall be 25 feet. No building or structure shall be located within such transitional yards, and no off-street parking area shall be located within such transitional yards.
(2) 
The minimum required landscape screening within such transitional side and rear yards, to be installed and maintained by the nonresidential property owner along the side and rear property lines, shall be determined by the Planning Board incident to site plan review and approval. The Planning Board shall require suitable landscape screening to assure orderly and compatible relationships, unless the Planning Board determines that the same screening effect is accomplished by the natural terrain or foliage.
[Amended 3-2-1987; 4-22-1987 by L.L. No. 6-1987; 5-20-1988 by L.L. No. 7-1988; 9-16-1988 by L.L. No. 8-1988; 3-10-1993 by L.L. No. 3-1993; 12-20-1993 by L.L. No. 10-1993; 5-17-1996 by L.L. No. 2-1996; 11-6-1996 by L.L. No. 3-1996; 3-19-2004 by L.L. No. 1-2004; 7-19-2024 by L.L. No. 6-2024; 2-14-2025 by L.L. No. 4-2025]
A. 
In the Light Industry LI-1 and LI-2 Districts, no land, building or structure shall be used for, nor any building or structure erected, reconstructed, remodeled, altered and maintained for any use, except the following:
(1) 
Park, playground or recreational area when authorized or operated by the municipality, as a special exception use, when authorized by the Board of Trustees, subject to such conditions as may be imposed by the municipality to prevent adverse effects upon nearby properties.
(2) 
Cemetery.
(3) 
Municipal facility.
(4) 
Greenhouse, plant nursery.
(5) 
Telephone exchange, communication facility, provided that no communication tower or other facility shall exceed 32 feet in height.
(6) 
Wholesale and retail lumberyard or other building outlet.
(7) 
Nonnuisance industry, as a special exception use when authorized by the Board of Trustees.
(8) 
Research institute or laboratory.
(9) 
Storage yard. (Any outdoor storage must be screened and enclosed by a fence or wall six feet in height.)
(10) 
Office and shop for plumber, electrician, home improvement contractor (no outdoor storage).
(11) 
Warehouse for indoor storage.
(12) 
Office building, business or professional or mixed.
(13) 
Office and facilities for veterinarian as a special exception use when authorized by the Board of Trustees.
(14) 
Indoor recreation uses without fixed seating or designated public spectator areas as a special exception use when authorized by the Board of Trustees.
(15) 
Solar energy system, large scale, as a special exception use when authorized by the Board of Trustees.
(16) 
Battery energy storage systems having an aggregate energy capacity less than or equal to 600 kWh, as a special exception use when authorized by the Board of Trustees. Battery energy storage systems having an aggregate energy capacity exceeding 600 kWh are prohibited.
B. 
One principal use for each 10,000 square feet of lot area shall be permitted on a lot in the Light Industry LI-1 District, and one principal use for each 20,000 square feet of lot area shall be permitted on a lot in the Light Industry LI-2 District. One principal structure for each such use, together with any accessory structures customarily incidental to any such use, may be erected upon a lot. In applying the foregoing limitation on the number of uses permitted on a lot, each enterprise using a lot or building or portion thereof shall be considered a separate use. For example, each tenant using a lot or building or portion thereof shall be considered a separate use.
C. 
Anything to the contrary hereinbefore notwithstanding, no use shall be permitted in the Light Industry LI-1 and LI-2 Districts which is detrimental to the environment in which it is located by reason of emission of smoke, noise, fumes, odor, steam, dust, pollutants, vibration or excessive light beyond the limits of its lot.
(1) 
In the case of a use listed as a special exception use under § 196-15A, the Board of Trustees shall consider and determine whether such use is detrimental to the environment as aforesaid, incident to special exception use review.
(2) 
In the case of a use listed as a permitted use under § 196-15A, the Planning Board shall consider and determine whether such use is detrimental to the environment as aforesaid, incident to site plan review.
(3) 
The above provisions shall be applicable to any use or change of use of a building, structure, lot or part thereof.
D. 
Site plan approval.
(1) 
Before a building permit is issued or a use commenced or changed on a lot in the Light Industry LI-1 and LI-2 Districts, a site plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, which shall review and approve the same or approve with modifications or disapprove the same.
(2) 
The site 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 of screening, landscaping and buffer areas.
(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 plan shall have been approved by the Planning Board.
E. 
No residential use, nor any use not specifically set forth in Subsection A hereof, shall be permitted in the Light Industry LI-1 and LI-2 Districts.
F. 
No change of use of any building, structure, lot or part thereof in the Light Industry LI-1 or LI-2 District shall be permitted, unless and until a site plan in accordance with § 196-15D shall have been approved by the Planning Board. In applying the foregoing provision, a change in the enterprise or tenant using a building, structure, lot or part thereof shall be considered a change of use. In applying the foregoing provision, in a case where the Planning Board has previously approved a site plan for the lot and the change of use does not involve erection or enlargement of any building or structure or require additional off-street parking spaces, the Planning Board may approve the previously approved site plan.
G. 
In approving a site plan pursuant to Subsection D or F, the Planning Board may require that the site plan contain thereon a list of the permitted use or uses for which each building, structure, lot or part thereof is to be devoted. In such event, the certificate of occupancy issued pursuant to § 196-61A of this chapter shall refer to the approved site plan, and the approved use or uses shall be noted on such certificate.
H. 
Notwithstanding the provision in Subsection B that each enterprise or tenant using a portion of a building shall be considered a separate use, where a building is used solely as a mini storage facility in accordance with the following provisions, such use shall be considered one use.
(1) 
"Mini storage facility" shall mean a building containing storage cells or units without heat or ventilation designed and used for passive storage. "Passive storage" shall mean inactive storage of furniture or materials not needed for immediate or frequent use.
(2) 
A mini storage facility shall not be used for the conduct of a business (such as assembly, manufacturing, repair, etc.), except that a mini storage facility may contain an office for the use of the owner of the facility.
(3) 
A mini storage facility shall not contain an office for use in connection with the business of an enterprise or tenant using a storage cell or unit for passive storage. The business of any such enterprise or tenant shall not be conducted from such facility.
I. 
In the Light Industry LI-1 and LI-2 Districts, clearance of natural vegetation and establishment of fertilizer-dependent vegetation shall be limited in accordance with and shall comply with the following:
(1) 
For the purposes of these provisions, "clearing" is defined as the removal of any portion of the natural vegetation found on a site, exclusive of any vegetation associated with active agricultural or horticultural activity or formalized landscape and turf areas.
(2) 
Clearance of natural vegetation shall not exceed 60% of the total area of the site.
(3) 
The calculation of the amount of site clearance shall include site areas proposed to be cleared and site areas previously cleared. The site areas proposed to be cleared combined with the site areas previously cleared shall not exceed 60% of the total area of the site.
(4) 
Development plans shall delineate the site areas with existing natural vegetation and the limits of the proposed clearance. Development plans shall contain calculations with respect to site areas previously cleared and site areas proposed to be cleared.
(5) 
Where applicable, development design shall support preservation of natural vegetation in large unbroken blocks that allow contiguous open spaces to be established when adjacent sites are developed. Where applicable, development design shall be configured in such a way as to prioritize the preservation of native pine barrens vegetation.
(6) 
No more than 15% of an entire development project site shall be established in fertilizer-dependent vegetation including formalized turf areas. Generally, nonnative species require fertilization; therefore, planting of such nonnative species shall be limited to the maximum extent practicable.
(7) 
The portion of the Village now situate in the Light Industry LI-1 and LI-2 Districts is situate in the compatible growth area defined in Subsection 12 of § 57-0107 of the State Environmental Conservation Law. The purpose of the foregoing provisions is to incorporate in the Village Zoning Code applicable land use standards contained in the Central Pine Barrens Comprehensive Land Use Plan adopted pursuant to § 57-0121 of the State Environmental Conservation Law; the applicable standards are contained in Volume I, Chapter 5, of said Plan.
(8) 
In the event that any portion of the Light Industry LI-1 and/or LI-2 Districts is hereafter rezoned so as to be placed in another zoning district under the Village Zoning Code, notwithstanding such rezoning, all of the foregoing provisions shall continue to be applicable to the rezoned site or sites, except as otherwise hereinafter provided. If the rezoned site or sites are placed in a residential district under the Village Zoning Code, the 60% figure set forth in Subsection I(2) and (3) above shall be deemed to be modified so as to incorporate the applicable percentage figure contained in the clearance standard table (Figure 5-1) under § 5.3.3.6 of said Central Pine Barrens Comprehensive Land Use Plan; as so modified, all of the foregoing provisions shall continue to be applicable to the rezoned site or sites.
[Added 2-18-2005 by L.L. No. 1-2005]
A. 
Purpose.
(1) 
There is a workforce housing crisis on the east end of Long Island, and many young persons and families are unable to remain in their communities because of the lack of suitable housing. The Board of Trustees of the Village of Quogue recognizes the dire need to provide suitable housing to its workforce residents and is establishing this Workforce Housing District (WHD) to encourage the private sector to develop such housing to serve the needs of its workforce residents.
(2) 
It is the specific purpose and intent of the WHD to allow for the development of moderate-density housing on sites within the Village that would not otherwise yield suitable workforce housing.
(3) 
To facilitate the provision of workforce housing, with due regard for existing neighborhood character and the environment, the WHD shall be established on a floating zone basis, subject to approval by the 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 zoning and planning approval of any proposed WHD 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.
(2) 
Approval of a final detailed site plan, and a subdivision plat if applicable, by the Planning Board.
C. 
Application to the Board of Trustees for zoning approval. Application for establishment of a WHD 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, the applicant (if other than the owner), and the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
(2) 
Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application.
(3) 
A written statement describing the nature of the proposed project, how it is designed to serve the purpose 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 street system 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, facilities and open space lands within the proposed development.
(5) 
A written statement of the method that will be used to ensure compliance with the workforce restrictions 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 site in both acres and square feet.
(b) 
A site location sketch indicating the location of the 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.
(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) 
The application fee. The amount of such fee shall be such amount as may be established from time to time by resolution of the Board of Trustees.
(8) 
An environmental assessment form as required by the State Environmental Quality Review Act (SEQRA) and its implementing regulations.
(9) 
Such other information as may be determined necessary by the Board of Trustees in order to properly enable it to review and decide upon the application.
D. 
Procedure for zoning approval.
(1) 
If an application for zoning approval is entertained, the Board of Trustees shall schedule and hold a public hearing on the application with the same notice and procedural requirements as prescribed by law for zoning amendments.
(2) 
If an application for zoning approval is entertained, the requirements of SEQRA and its implementing regulations shall also be applicable.
(3) 
The Board of Trustees may determine at any time (to wit, with or without a public hearing, with or without any review pursuant to SEQRA) that an application for zoning approval will not be entertained.
E. 
Criteria for zoning approval. In determining whether to grant a zoning change to a WHD, the Board of Trustees, in addition to its usual discretion in considering a change of zone, shall also consider the need for units for workforce families, the nature and extent to which the applicant intends to provide them, the appropriateness of the location of the proposed site, the environmental suitability of the site, and the appropriateness of the proposed development design to accommodate increased density for workforce housing. The Board of Trustees shall also consider the following standards:
(1) 
Location. A WHD may be established in any existing residence, business or industrial district, except the Residence A-1, A-2, A-3 and A-8 Districts.
(2) 
Minimum site size. The minimum land area required for the establishment of a WHD shall be 160,000 square feet, but, in any case, the site shall be of such shape, dimension, topography, and location as will allow for an appropriate and attractive development.
(3) 
Ownership. A proposed WHD site 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.
(4) 
Density. The permitted density within a WHD shall be no greater than one dwelling unit per 10,000 square feet of land area.
(5) 
Workforce housing units.
(a) 
The applicant shall propose for the approval of the Board of Trustees a percentage of the total housing units in the WHD that are to be restricted to workforce occupants.
(b) 
The applicant shall submit to the Board of Trustees the size and design of the proposed workforce housing units together with the proposed gross sale price of those units in sufficient detail for the Board of Trustees to evaluate and approve the value of those units.
(6) 
Eligibility. Initial and continued priority for the sale or occupancy (rent) of units for workforce occupants shall be in the following order of priority:
(a) 
Persons employed in the Village of Quogue.
(b) 
All others.
F. 
Zoning approval by the Board of Trustees.
(1) 
The Board of Trustees may approve or approve with modifications the preliminary development concept plan and approve the establishment of the WHD by local law granting a zoning change so as to locate or place the subject property in the WHD. Approval of the preliminary development concept plan or approval with modifications is required for and shall be deemed to authorize the applicant 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. A copy of the local law shall be forwarded to the Planning Board and to the applicant.
(2) 
The Board of Trustees may require, incident to granting such a zoning change, that the applicant submit a declaration (to be recorded in the Suffolk County Clerk's Office) imposing such covenants and restrictions on the subject property as the Board of Trustees may deem necessary or desirable in order to protect the neighborhood and assure that the subject property will not be used in violation of the purposes and provisions of this section.
(3) 
A local law granting such a zoning change shall establish dimensional regulations applicable to development of the subject property. A local law granting such a zoning change may establish other conditions and requirements applicable to use and development of the subject property.
(4) 
Use and development of property in the WHD shall comply with the dimensional regulations and other conditions and requirements established by the Board of Trustees in the local law granting such zoning change.
(5) 
Approval of the establishment of a WHD shall expire two years after the effective date of such local law if the applicant has not, within such period, applied for and received from the Planning Board site 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 six months each. In the event of expiration of WHD approval, the WHD classification shall automatically be removed from the subject property, and such property shall revert to its zoning classification prior to the establishment of the WHD. The Village Clerk shall amend the official copy of the Zoning Map accordingly.
G. 
Site plan approval by the Planning Board.
(1) 
Before a building permit is issued or a use commenced or changed on property in the WHD, a site plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, which shall review and approve the same or approve with modifications or disapprove the same.
(2) 
The site 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 of screening, landscaping and buffer areas.
(g) 
The location, design and proposed hours of operation of all lighting structures.
(h) 
The elements required by § 196-151, if applicable.
(3) 
No building permit shall be issued and no commencement or change of use shall be permitted unless and until a site plan shall have been approved by the Planning Board.
(4) 
Where a proposed development in the WHD also involves a subdivision or resubdivision of land, no development may proceed unless and until the Planning Board has granted final subdivision plat approval in accordance with the Village Law and Chapter 162 of the Village Code.
[Added 7-8-2005 by L.L. No. 3-2005; amended 7-17-2009 by L.L. No. 6-2009; 12-16-2011 by L.L. No. 4-2011; 3-21-2025 by L.L. No. 5-2025]
A. 
Purpose.
(1) 
These provisions are enacted to provide for proper housing of the Village's senior citizens (active adults, age 55 and over) ("active adults"). It is hereby recognized that the Village has a high number of active adults, and given the potential for future physical limitations and the rapidly accelerating costs of maintaining large single-family residences with large lots, the Village Board of Trustees deems it necessary to provide for such housing within the Village. It is, therefore, establishing this Planned Retirement Community District (PRCD) to encourage the private sector to develop such housing to serve the needs of its active adults.
(2) 
It is the specific purpose and intent of the PRCD to allow for the development of moderate-density housing on sites within the Village that would not otherwise be suitable for either active adults or workforce housing.
(3) 
To facilitate the provision for active adults housing, with due regard for existing neighborhood character and the environment, the PRCD shall be established on a floating-zone basis, subject to approval by the 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 zoning and planning approval of any proposed PRCD 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.
(2) 
Approval of a final detailed site plan by the Planning Board.
C. 
Application to the Board of Trustees for zoning approval. Application for establishment of a PRCD 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, the applicant (if other than the owner), and the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
(2) 
Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application.
(3) 
A written statement describing the nature of the proposed project, how it is designed to serve the purpose 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 street system 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 any common utilities, facilities and open space lands within the proposed development.
(5) 
A written statement of the method that will be used to ensure compliance with the active adults restrictions 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 site in both acres and square feet.
(b) 
A site location sketch indicating the location of the 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.
(c) 
A preliminary site development plan indicating the approximate location and design of all buildings, the arrangement of parking areas and access drives, and the general nature and location of other proposed site improvements.
(7) 
The application fee. The amount of such fee shall be $250 or such other amount as may be established from time to time by resolution of the Board of Trustees.
(8) 
An environmental assessment form as required by the State Environmental Quality Review Act (SEQRA) and its implementing regulations.
(9) 
Such other information as may be determined necessary by the Board of Trustees in order to properly enable it to review and decide upon the application.
D. 
Procedure for zoning approval.
(1) 
If an application for zoning approval is entertained, the Board of Trustees shall schedule and hold a public hearing on the application with the same notice and procedural requirements as prescribed by law for zoning amendments.
(2) 
If an application for zoning approval is entertained, the requirements of SEQRA and its implementing regulations shall also be applicable.
(3) 
The Board of Trustees may determine at any time (to wit, with or without a public hearing, with or without any review pursuant to SEQRA) that an application for zoning approval will not be entertained.
E. 
Criteria for zoning approval. In determining whether to grant a zoning change to a PRCD, the Board of Trustees, in addition to its usual discretion in considering a change of zone, shall also consider the need for units for active adults, the nature and extent to which the applicant intends to provide them, the appropriateness of the location of the proposed site, the environmental suitability of the site, and the appropriateness of the proposed development design to accommodate increased density for active adults housing. The Board of Trustees shall also consider the following standards:
(1) 
Location. A PRCD may be established in any existing residence, business or industrial district, except the Residence A-1, A-2 and A-8 Districts.
(2) 
Minimum site size. The minimum land area required for the establishment of a PRCD shall be 160,000 square feet, but, in any case, the site shall be of such shape, dimension, topography, and location as will allow for an appropriate and attractive development. Notwithstanding anything in this section to the contrary, upon review of the preliminary development concept plan, the Board of Trustees may waive the minimum site size, provided the housing development on a site less than 160,000 square feet will not have a significant adverse environmental impact on the surrounding properties and the goals and objectives of the PRCD are achieved.
(3) 
Ownership. A proposed PRCD site 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.
(4) 
Density. The permitted density within a PRCD shall be no greater than one dwelling unit per 10,000 square feet of land area.
(5) 
PRCD housing units. The applicant shall submit to the Board of Trustees the size and design of the proposed units together with a proposed gross sale price range for such units which includes recognition of the increased density that would result from a grant of zoning approval. Such submission shall be in sufficient detail for the Board of Trustees to evaluate and approve the value of such units.
F. 
Zoning approval by the Board of Trustees.
(1) 
The Board of Trustees may approve or approve with modifications the preliminary development concept plan and approve the establishment of the PRCD by local law granting a zoning change so as to locate or place the subject property in the PRCD. Approval of the preliminary development concept plan or approval with modifications is required for and shall be deemed to authorize the applicant 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. A copy of the local law shall be forwarded to the Planning Board and to the applicant.
(2) 
The Board of Trustees may require, incident to granting such a zoning change, that the applicant submit a declaration (to be recorded in the Suffolk County Clerk's office) imposing such covenants and restrictions on the subject property as the Board of Trustees may deem necessary or desirable in order to protect the neighborhood and assure that the subject property will not be used in violation of the purposes and provisions of this section.
(3) 
A local law granting such a zoning change may establish conditions and requirements applicable to use and development of the subject property.
(4) 
Use and development of property in the PRCD shall comply with the conditions and requirements established by the Board of Trustees in the local law granting such zoning change.
(5) 
Approval of the establishment of a PRCD shall expire two years after the effective date of such local law if the applicant has not, within such period, applied for and received from the Planning Board site plan approval. The Board of Trustees, upon request of the applicant, may extend the above time period for two additional periods of not more than six months each. In the event of expiration of PRCD approval, the PRCD classification shall automatically be removed from the subject property, and such property shall revert to its zoning classification prior to the establishment of the PRCD. The Village Clerk shall amend the official copy of the Zoning Map accordingly.
G. 
Site plan approval by the Planning Board.
(1) 
Before a building permit is issued or a use commenced or changed on property in the PRCD, a site plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, which shall review and approve the same or approve with modifications or disapprove the same.
(2) 
The site 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, if any), including access thereto and egress therefrom, 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 of screening, landscaping and buffer areas.
(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 plan shall have been approved by the Planning Board.
H. 
Dimensional regulations. Use and development of property in the PRCD shall comply with the following table of dimensional regulations:
Dimension
Regulation
Lot area (square feet)
Minimum
160,000*
Minimum per dwelling unit
10,000
Lot coverage maximum by main and accessory buildings and structures
25%
Lot width: minimum (feet)
125
Street frontage: minimum (feet)
125
Height: maximum (feet)
32
Yards, principal building: minimum (feet)
Front
50*
Side, minimum for one
30*
Side, total for both on interior lot
60*
Side, abutting side street on corner lot
50*
Rear
30*
Yards, accessory buildings and structures
Minimum distance from street (feet)
40*
Minimum distance from side and rear lot lines (feet)
25*
Minimum living quarters space (square feet of floor area)
925*
NOTES:
*
Notwithstanding anything in this section to the contrary, upon review of the preliminary development concept plan, the Board of Trustees may waive the minimum lot area, yard setbacks for the principal and accessory structures and minimum living quarters space, provided the housing development will not have a significant adverse environmental impact on the surrounding properties and the goals and objectives of the PRCD are achieved.
I. 
Use and occupancy regulations. Use and development of property in the PRCD shall comply with the following use and occupancy regulations:
(1) 
Property in the PRCD shall be used and occupied only for the following uses:
(a) 
One-family detached dwellings (all limited to occupancy in accordance with the occupancy restrictions hereinafter set forth).
(b) 
Two-family detached dwellings or multiple dwellings for three or more families (all limited to occupancy in accordance with the occupancy restrictions hereinafter set forth), as a special exception use, when authorized by the Board of Trustees.
(c) 
Accessory uses and structures which, in a particular case, the Planning Board shall find to be customarily incidental to the above permitted dwelling use, consistent with the purposes of the PRCD and consistent with the character of the neighborhood, subject to such conditions and safeguards as the Planning Board may impose in order to maintain the stability and character of the neighborhood and to protect the public health, safety and welfare.
(2) 
Each dwelling or dwelling unit in the PRCD shall be limited to occupancy by:
(a) 
Persons who are 55 years of age or over the age of 55.
(b) 
A spouse under the age of 55 who resides with his or her spouse who is 55 years of age or over.
(c) 
Children and grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or grandchild is residing is 55 years of age or older, provided that said child or grandchild is over the age of 19 years.
(d) 
Adults under 55 years of age who are essential for the physical care of eligible older persons.
(3) 
The provisions of § 196-7 shall not be applicable in the PRCD.
J. 
Exception from age 55 occupancy restrictions.
(1) 
It is the intent of this subsection to allow a maximum of 20% of the occupied dwelling units in a particular project to be occupied without compliance with the age 55 occupancy restrictions, provided that at least 80% of the occupied dwelling units in such project are occupied in compliance with the age 55 occupancy restrictions, and provided that all provisions of this subsection are complied with.
(2) 
As used herein, the following terms shall have the indicated meanings:
AGE 55 OCCUPANCY RESTRICTIONS
The occupancy restrictions set forth in § 196-15.2I(2).
EXCEPTED DWELLING UNIT
A dwelling or dwelling unit in a particular project for which a certificate of occupancy has been issued designating such dwelling or dwelling unit as an "excepted dwelling unit." (An excepted dwelling unit is permitted to be occupied without compliance with the age 55 occupancy restrictions.)
OCCUPIED DWELLING UNIT
A dwelling or dwelling unit in a particular project for which a certificate of occupancy has been issued.
(3) 
Each dwelling or dwelling unit in the PRCD shall be occupied in compliance with the age 55 occupancy restrictions, except that an excepted dwelling unit is permitted to be occupied without compliance with the age 55 occupancy restrictions.
(4) 
Each occupied dwelling unit in a particular project shall be deemed to be held and reserved for occupancy in compliance with the age 55 occupancy restrictions, unless a certificate of occupancy has been issued designating the dwelling or dwelling unit as an excepted dwelling unit. The Zoning Administrator shall not issue a certificate of occupancy for an excepted dwelling unit unless, taking into account such issuance, at least 80% of the occupied dwelling units in the particular project are held and reserved for occupancy in compliance with the age 55 occupancy restrictions.
(5) 
In connection with the application for a certificate of occupancy upon completion of construction of a dwelling or dwelling unit in a particular project, or in connection with an application to modify a previously issued certificate of occupancy, the sponsor or developer of such project may designate such dwelling or dwelling unit as intended to be available for occupancy without compliance with the age 55 occupancy restrictions, and the Zoning Administrator may issue a certificate of occupancy for (including modification of a previously issued certificate of occupancy to provide for) an excepted dwelling unit pursuant to such designation of intent by the sponsor or developer, provided that all provisions of this subsection are complied with. The Zoning Administrator shall not issue a certificate of occupancy for (including modification of a previously issued certificate of occupancy to provide for) an excepted dwelling unit unless the sponsor or developer of the particular project has designated the dwelling or dwelling unit as intended to be available for occupancy without compliance with the age 55 occupancy restrictions.