Village of Southampton, NY Article III Supplemental Use and Dimensional Regulations

§ 116-9 Placement of accessory buildings and uses.

A. In all districts.

(1) General provisions.

[Amended 7-22-1987 by L.L. No. 3-1987]

(a) Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than five feet from the main building.

(b) The square-foot area of an accessory building shall not exceed the following limitations:

[1] In districts requiring 20,000 or less square feet of lot area, an accessory building shall not exceed 520 square feet in area; and

[2] In districts requiring more than 20,000 square feet of lot area, an accessory building shall not exceed 800 square feet in area.

(c) The square-foot area of such accessory buildings shall be included in the computation of lot coverage.

(d) Such accessory buildings shall not exceed 16 feet in height, measured from the natural grade of the lot before the placement of any material on the parcel to the highest point of such building.

(e) No such accessory building shall be constructed with a cellar or below-grade story, and no heating shall be installed in any part of such accessory building.

(f) No part of any such building shall be designed or used for sleeping purposes, and no cooking facilities shall be placed or permitted therein.[1]

[1] Editor's Note: Former Subsection A(1)(f), regarding building permits for accessory buildings, was repealed 3-9-1990 by L.L. No. 5-1990. This local law also redesignated former Subsection A(1)(g) and (h) as Subsection A(1)(f) and (g), respectively.

(g) Any accessory building designated as a poolhouse shall be located no further than 25 feet from the swimming pool to which it shall be accessory.

(2) A private garage may be constructed as a structural part of a main building, provided that when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.

(3) Accessory buildings and structures, including private garages, shall not be placed within a front yard, a required side yard nor the total required side yards for a principal building.

[Amended 6-20-1989 by L.L. No. 10-1989; 3-14-2019 by L.L. No. 1-2019; 8-10-2023 by L.L. No. 14-2023]

(4) An access driveway may be located within a required yard.

(5) Accessory off-street parking or truck loading areas shall be improved in accordance with municipal specifications.

(6) Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.

(7) The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.

(8) The keeping of more than two dogs more than six months old in outdoor shelters or pens, or the keeping of any horses on the premises, is prohibited, except for riding horses, which shall be permitted in the following cases and subject to the following requirements:

[Amended 12-12-1975 by L.L. No. 8-1975; 9-13-2001 by L.L. No. 9-2001]

(a) A temporary permit for one year may be issued by the Building Inspector upon application to permit riding horses on premises within the Village, provided that:

[1] The vacant land on the premises which is the subject of the application is presently devoted to agricultural use or has been so used within a period of one year prior to the application or within one year of the first granting of a temporary permit. If the premises for which a temporary permit is requested shall not have been so devoted to agricultural use, then application may be made to the Board of Appeals for such permit. The Board may issue such a temporary permit for one year upon making a finding that the pertinent standards of § 116-22 of this chapter have been complied with, and shall impose such conditions as it may deem proper in order to prevent other nearby premises from being adversely affected.

[2] The area of the lot upon which such accessory use is to take place shall be not less than two acres, and the number of horses shall be limited to one horse for each acre, with an overall maximum of five horses. The Board of Appeals, on application, shall have the power to vary this minimum area requirement to an extent not exceeding 20%, provided that it finds that other conditions which it shall impose shall be sufficient to prevent adjoining or nearby premises from being adversely affected.

[3] The stable, barn or shed used to shelter such horses shall be located not less than 200 feet from a residence on any adjoining premises and any building to house such horses shall be located not less than 200 feet from a residence on any adjoining premises; provided, however, that an application to the Board of Appeals may be made to vary this requirement, which Board may grant such application, provided that it finds that other conditions which it shall impose shall be sufficient to prevent adjoining or nearby premises of others from being adversely affected.

(b) Prior to the expiration of such a temporary permit issued for one year, the permittee may apply to the Building Inspector for renewal thereof for a two-year period and thereafter subsequent renewals for successive two-year periods may be applied for and granted. Upon receipt of such renewal application or any subsequent renewal application, the Building Inspector shall make an inspection of the premises and review the nature and extent of the use, including any complaints made to the Building Inspector or other Village agencies regarding such use. If it appears from such review that adjoining or nearby premises have been adversely affected by such use, the renewal application shall be denied. The applicant may then apply to the Board of Appeals for a temporary permit for one year. Before the Board of Appeals shall issue such temporary permit, it shall make a finding that such standards of § 116-22 of this chapter as may be pertinent have been complied with and shall impose such other conditions as it may deem proper in order to prevent other nearby premises from being adversely affected. If the Board finds that other nearby premises have been and will continue to be adversely affected by the requested use, or that any condition theretofore imposed has been violated or that any violation of this chapter exists with respect to the premises, then the Board shall deny the temporary permit or renewal thereof.

(c) Any temporary permit issued by the Board of Appeals pursuant to Subsection A(8)(b) above shall be issued for one year only, but may be renewed by the Building Inspector as if originally issued by him upon his making the review of the use as provided in said Subsection A(8)(b).

(d) The following requirements shall be applicable in any case where a temporary permit has been issued:

[1] All grain-type feed shall be kept in rodentproof containers.

[2] No manure shall be stored within 100 feet of any boundary line, and all such manure shall be stored, treated and/or removed in such a manner as not to create any odor or attract any rodents, flies or other insects.

[3] A roofless enclosure for such horses shall be provided on the premises, which shall be located not less than 20 feet from any side or rear boundary line and not less than 75 feet from any front boundary line. This provision may be varied on application to the Board of Appeals, provided it finds that other conditions which it shall impose shall be sufficient to prevent adjoining or nearby premises from being adversely affected.

(9) Breezeway-type connections.

[Amended 7-14-2000 by L.L. No. 5-2000]

(a) Any building or structure connected to another building by an unenclosed breezeway-type structure shall be deemed to be a separate building or structure.

(b) Any building connected to the main building by an enclosed breezeway-type structure shall be deemed to be a separate building if the width of the breezeway is less than 1/2 of the length of the breezeway. No part of the main building shall be connected to another part of the main building by an unenclosed breezeway-type structure. No part of the main building shall be connected to another part of the main building by a breezeway-type structure which is not enclosed with a roof and sides. No part of the main building shall be connected to another part of the main building by an enclosed breezeway-type structure having a width which is less than 1/2 of the length of the breezeway.

(c) A part of the main building may be connected to another part of the main building by an enclosed breezeway-type structure, provided that the breezeway is enclosed with a roof and sides, and provided that the width of the breezeway is at least 1/2 of the length of the breezeway.

(10) A swimming pool shall be deemed a structure and subject to the provisions of this chapter relating to structures. Such a swimming pool may be installed and maintained on a lot in any district as an accessory use for purposes customarily incidental to the principal use conducted on the lot, provided that:

(a) Such pool is installed in the rear yard or a side yard of the premises (if the pool is an outdoor swimming pool).

[Amended 3-14-2019 by L.L. No. 1-2019; 8-10-2023 by L.L. No. 14-2023]

(b) Such pool is completely enclosed by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates. Such doors or gates shall be equipped with self-closing and self-latching devices for keeping the gates or doors securely closed when not in actual use. A dwelling or accessory building may be used as part of the required enclosure. The door of a dwelling which forms a part of the enclosure need not be equipped with a self-closing and self-latching device.

(c) Such pool shall not be installed nearer than 20 feet to any lot line.

(d) The area of the swimming pool shall be included in computing the building area of the lot for the purpose of determining compliance with the maximum building area percentage requirements of this chapter.

(e) A lot shall not contain more than one swimming pool.

[Added 6-23-1998 by L.L. No. 4-1998]

(11) A tennis court, pickleball court, padel ball court or other playing court shall be deemed a structure and subject to the provisions of this chapter relating to structures. Such a tennis court, pickleball court, padel ball court or other playing court may be installed and maintained on a lot in any district as an accessory use for purposes customarily incidental to the principal use conducted on the lot, provided that:

[Added 4-11-1980 by L.L. No. 1-1980; amended 4-22-1986 by L.L. No. 4-1986; 6-23-1998 by L.L. No. 4-1998; 4-9-1999 by L.L. No. 1-1999; 3-14-2019 by L.L. No. 1-2019; 7-23-2019 by L.L. No. 8-2019; 8-10-2023 by L.L. No. 14-2023; 3-14-2024 by L.L. No. 12-2024]

(a) Such tennis court, pickleball court, padel ball court or other playing court is installed in the rear yard or a side yard of the premises (if the tennis court, pickleball court, padel ball court or other playing court is an outdoor court).

(b) A tennis court shall not be installed nearer than 20 feet to any lot line.

(c) A new pickleball or padel ball court shall not be installed nearer than 30 feet to any lot line and shall be subject to review by the Building Inspector and the Planning Board pursuant to § 116-9A(11)(j).

(d) The conversion of a legally existing tennis court or playing court into a pickleball court or padel ball court shall, be permitted if the existing court is located a minimum of 30 feet from all property lines only if the court meets the standards set forth by the Building Inspector and the Planning Board pursuant to § 116-9A(11)(j).

(e) Any tennis court, pickleball court, padel ball court or other playing court that met the conditions of the code prior to the enactment of these amendments but does not meet the standards herein as of the effective date of these amendments shall be deemed a preexisting nonconforming use and subject to all provisions applicable thereto.

(f) The area of a playing court shall be included in computing the building area of the lot for the purpose of determining compliance with the maximum building area percentage requirements of this chapter.

(g) No lights or other illumination of any kind shall be installed, used or maintained in connection with the use or maintenance of an outdoor playing court.

(h) The fencing or barrier around a tennis court shall not exceed eight feet in height at the ends and for a distance from the ends of 20 feet on the sides toward the center, and, except for such parts of the side, the height along the side shall not exceed four feet. Such height shall be measured from the playing surface.

(i) No permit for the construction of a tennis court shall be issued until the site and landscape plan therefor shall have been approved by the Building Inspector. Such plan shall provide, among other things, the screening of such tennis court and its fence from the view from adjoining parcels, and the required landscaping shall, unless otherwise specifically provided, be deemed to be a continuing condition to use of the tennis court. The Building Inspector, in consultation with the Planning Board, shall adopt and publish minimum landscape and screening specifications, including the sinking of the court and provisions for adequate drainage to control stormwater runoff. The Building Inspector shall refer such plan to the Planning Board for its review and approval in the event the Building Inspector finds that the owner's plan does not provide adequate screening, buffering and/or stormwater runoff controls, or if the owner seeks to vary the specifications.

(j) No permit for the construction of a pickleball court or padel ball court shall be issued until the site and landscape plan therefor shall have been approved by the Planning Board and the Building Inspector. Such plan shall provide, among other things, for appropriate sound attenuation mechanisms, the screening of such courts and any fence from the view from adjoining parcels, and the required landscaping and sound attenuation mechanisms shall, unless otherwise specifically provided, be deemed to be a continuing condition to use of the pickleball court or padel ball court. The Building Inspector, in consultation with the Planning Board, shall adopt and publish minimum sound attenuation, landscape and screening specifications, including the sinking of the subject court and provisions for adequate drainage to control stormwater runoff. The Building Inspector shall refer such plan to the Planning Board for its review and approval of the plan for adequate sound attenuation, screening, buffering and/or stormwater runoff controls, or if the owner seeks to vary the specifications.

(k) A lot shall not contain more than one playing court. However, a playing court may be used for multiple sports.

(12) Supplemental accessory use regulations applicable to livestock.

[Added 7-8-1983 by L.L. No. 6-1983; amended 9-13-2001 by L.L. No. 9-2001]

(a) The keeping, raising or harboring of horses for personal use or other accessory purpose is prohibited in all districts, except for riding horses to the extent permitted by and subject to the requirements of § 116-9A(8).

(b) The keeping, raising or harboring of all other livestock (all livestock other than horses) for personal use, personal consumption or other accessory purpose is prohibited in all districts, except to the extent permitted by and subject to the requirements of § 116-9A(12)(c).

(c) A temporary permit for one year may be issued by the Board of Trustees, upon application to the Board of Trustees, to permit the keeping, raising or harboring of small numbers of livestock (other than horses) for personal use, personal consumption or other accessory purpose on premises used for agricultural or residential use. The following provisions shall be applicable to a temporary permit to permit such use.

[1] Such temporary permit shall not be issued unless the Board of Trustees finds as follows: that such use will be in harmony with and promote the general purposes and intent of this chapter; that the lot area is sufficient, appropriate and adequate for such use; that such use will be compatible with adjoining and nearby residential use; that such use will not produce an undesirable change in the character of the neighborhood; that such use will not adversely affect adjoining or nearby premises; that adequate buffer yards and screening are provided where necessary to protect adjoining or nearby premises.

[2] In determining whether to grant or deny an application for such temporary permit, the Board of Trustees may consider all matters related to the public health, safety and general welfare.

[3] The burden of proof shall be on the applicant to establish that such use meets the standards for issuance of such temporary permit and to establish that issuance of such temporary permit is consistent with the public health, safety and general welfare. There shall be no presumption that such use is generally compatible with adjoining or nearby residential use.

[4] The area of the lot upon which such use is to take place shall be not less than 60,000 square feet. The Board of Trustees shall have the power to modify and reduce said minimum lot area requirement on a particular application, provided that the Board finds that said minimum lot area requirement as applied to the circumstances of a particular application is not requisite in the interest of the public health, safety and general welfare, and provided that the Board finds that other conditions which it shall impose shall be sufficient to prevent adjoining or nearby premises from being adversely affected.

[5] If the Board of Trustees grants an application for such temporary permit, the Board shall impose such conditions as it may deem proper in order to prevent adjoining or nearby premises from being adversely affected and in order to protect the public health, safety and general welfare.

[6] If the Board of Trustees grants an application for such temporary permit, the Board shall impose a condition limiting the number and type of livestock permitted on the premises.

[7] If the Board of Trustees grants an application for such temporary permit, the Board shall impose a condition requiring that the livestock be kept at all times in an appropriate enclosure sufficient to assure that the livestock cannot escape from such enclosure, and the Board shall impose a condition establishing appropriate setback requirements for such enclosure.

[8] Any violation of the conditions imposed incident to granting an application for such temporary permit shall be deemed a violation of this chapter, punishable under the provisions of § 116-40.

[9] Prior to the expiration of such a temporary permit issued for one year, the permittee may apply to the Building Inspector for renewal thereof for a one-year period and thereafter for subsequent renewals for successive one-year periods. Upon receipt of such renewal application or any subsequent renewal application, the Building Inspector shall make an inspection of the premises and review the nature and extent of the use, including any complaints made to the Building Inspector or other Village agencies regarding such use. If it appears from such review that adjoining or nearby premises have not been adversely affected by such use and that no violation of applicable conditions has occurred, the Building Inspector may renew such temporary permit for one year. If it appears from such review that adjoining or nearby premises have been adversely affected by such use or that a violation of applicable conditions has occurred, the Building Inspector shall deny the renewal application. If the Building Inspector denies the renewal application, the applicant may apply to the Board of Trustees for a new temporary permit for one year.

[10] The keeping, raising or harboring of any livestock pursuant to a temporary permit shall only be permitted so long as a temporary permit for same is in full force and effect.

[11] The fee for temporary permit applications (including renewal applications) shall be as established from time to time by resolution of the Board of Trustees.

[12] Temporary permit applications shall constitute a Type II action under SEQRA.

[13] Prior to taking action on any temporary permit application, the Board of Trustees shall hold a public hearing thereon. Public notice of said hearing shall be required in the same manner as provided for in § 116-25B(1) and (4).

(d) Compulsory termination of nonconforming uses.

[1] Anything to the contrary in this chapter notwithstanding, in any situation in which the keeping, raising or harboring of any livestock (other than horses) for personal use, personal consumption or other accessory purpose lawfully exists as of the effective date of this provision, such use (the keeping, raising or harboring of any such livestock other than horses for personal use, personal consumption or other accessory purpose) shall become an unlawful use on the date 90 days after the effective date of this provision and shall thereupon be terminated, and any continuation of such use thereafter shall constitute a violation of this chapter.

[2] This compulsory termination provision is not intended to preclude the owner of any premises used for such use (the keeping, raising or harboring of any such livestock other than horses for personal use, personal consumption or other accessory purpose) as of the effective date of this provision from making application to the Board of Trustees for a temporary permit pursuant to § 116-9A(12)(c). However, it is the intent of this compulsory termination provision that any such existing use (existing as of the effective date of this provision) shall be deemed to be a nonconforming use as of the effective date of this provision, that such nonconforming use shall become an unlawful use on the date 90 days after the effective date of this provision and shall thereupon be terminated, and that any continuation of such nonconforming use thereafter shall constitute a violation of this chapter. If an application by such owner (the owner of any premises used for such nonconforming use as of the effective date of this provision) for such temporary permit is made and granted, the use permitted by such temporary permit shall be deemed to be a new use (rather than continuation of the existing nonconforming use) as of the date of issuance of said temporary permit, said new use being a permitted use to the extent permitted by and subject to the requirements of said temporary permit and § 116-9A(12)(c).

(13) A parabolic dish antenna for the reception of television signals and other similar dish antennas having a diameter in excess of three feet, located outside of a building, are hereby prohibited. Such an antenna having a diameter not exceeding three feet and not elevated more than one foot above ground level is permitted as an accessory structure, provided that it is screened in such a manner as not to be visible from adjacent streets and property lines when viewed from six feet above ground level.

[Added 3-9-1984 by L.L. No. 2-1984]

(14) Garbage, trash, rubbish and refuse, when stored outside a building, shall be placed in securely fastened containers, and such containers shall be placed only in a side or rear yard, and in no event shall the same be placed any nearer than 30 feet from the street line of a parcel.

[Added 11-24-1987 by L.L. No. 5-1987]

NOTE: Pursuant to L.L. No. 5-1989, adopted 6-14-1989, the provisions of this Subsection A(14) have been suspended, to the extent of a resolution adopted 6-20-1989, as detailed below, with the proviso that they may be reinstituted upon resolution of the Board in the event that the suspension appears to be adverse to the public health, safety and welfare. This local law also provided that the Board of Trustees may, by resolution (without prior public notice or hearing), suspend any provisions of Chapter 116 within any part or all of the Village if the Board of Trustees finds that such suspension would be in the public interest in order to assist implementation of any mandatory recycling program established by the Town of Southampton. Any such suspension resolution shall specify the part of Chapter 116 which is suspended and the terms and conditions of the suspension, including the period of the suspension. Any such suspension resolution may provide for such suspension only under particular circumstances and/or only on a particular day or days. Pursuant to a resolution adopted 6-20-1989, the provisions of § 116-9A(14) are suspended to the following extent:
	1.	Newspapers, bundled and cross-tied in the manner required by the Town of Southampton, may be placed at the street line of the owner's or occupant's parcel within the Village.
	2.	Such bundles of newspapers may be placed adjacent to the street only after 7:00 p.m. on the day before the day designated by the town for curbside pickup (presently, alternate Thursdays beginning June 15, 1989).
	3.	In the event that such bundle is not picked up on the designated day, it shall not be left at the street but shall be removed therefrom and placed as required by § 116-9A(14) no later than 9:00 a.m. on the following day.

(15) All man-made bodies of water, including fish ponds and decorative ponds, regardless of size or depth, shall be deemed structures and shall be fenced or enclosed as required for swimming pools.

[Added 6-20-1989 by L.L. No. 6-1989]

B. In residence districts.

(1) Accessory off-street parking areas.

[Amended 8-13-2009 by L.L. No. 4-2009]

(a) Accessory off-street parking areas may be located in required front, side or rear yards, provided that they are set back at least five feet from all property lines in required front and side yards and at least 10 feet from all property lines in a required rear yard.

[Amended 7-21-2015 by L.L. No. 3-2015]

(b) No accessory off-street parking area shall be constructed or installed without a permit therefor from the Building Inspector. Application for such permit shall include a parking layout plan and landscape plan for the purpose of minimizing any adverse impact on the neighborhood or community. Such permit shall not be issued until a parking layout plan and landscape plan designed to minimize any adverse impact on the neighborhood or community shall have been approved by the Building Inspector. Unless otherwise specifically provided in the permit, the required landscaping approved by the Building Inspector shall be deemed to be a continuing condition to use of the accessory off-street parking area.

[Amended 7-21-2015 by L.L. No. 3-2015]

(c) The filing fee for an application for such permit shall be $150 or such other amount as the Village Board of Trustees may hereafter fix and establish from time to time by resolution.

(2) No commercial vehicles nor any house trailer, mobile home, boat or boat trailer or any similar equipment shall be parked in any front yard or in any required side yard or within 10 feet of any property line in a required rear yard.[2]

[2] Editor's Note: As to the further regulation of trailers within the Village, see Ch. 105, Trailers.

C. In nonresidential districts.

(1) Accessory off-street parking areas may be located in required front, side or rear yards, provided that they are set back at least 10 feet from all property lines, and further provided that they do not encroach upon required transitional yards established in accordance with § 116-11D(7) of this chapter.

D. Supplemental accessory use regulations applicable to a retail store or shop.

[Added 9-19-1995 by L.L. No. 6-1995]

(1) The sale or service of food for consumption on the premises shall constitute a prohibited accessory use, except as otherwise hereinafter expressly allowed. No accommodations for on-premises consumption of food shall be provided, except as otherwise hereinafter expressly allowed.

(2) The sale or service of alcoholic beverages for consumption on the premises shall constitute a prohibited accessory use.

(3) The sale or service of food for consumption on the premises shall constitute a permitted accessory use to a retail food store or shop in the VB District, provided that the principal use (that is, the main use) and such accessory use comply with the provisions hereinafter set forth. A retail food store or shop in the VB District may provide accommodations for on-premises consumption of food as an accessory use, provided that the principal use and such accessory use comply with the provisions hereinafter set forth.

(a) The principal use shall be a retail store or shop whose primary business activity consists of retail sale of food to the public for consumption off the premises.

(b) Such accessory use shall be clearly subordinate and incidental to the principal use.

(c) Such accessory use shall not be commenced unless and until a certificate of occupancy or certificate of compliance for such accessory use has been obtained from the Building Inspector.

(d) The application for such certificate shall include the following:

[1] A floor plan showing the proposed layout of the total floor area of the retail store or shop (including the portion to be devoted to the principal use and the portion to be devoted to such accessory use), which shall clearly delineate the proposed accommodations for on-premises consumption of food.

[2] Such information as the Building Inspector may deem necessary in order to establish compliance with the applicable provisions of this chapter.

[3] Such information as the Building Inspector may deem necessary in order to establish compliance with the applicable provisions of the State Uniform Fire Prevention and Building Code.

[4] A permit to operate a food establishment issued by the Suffolk County Department of Health Services or, in the event that the applicant claims that the Suffolk County Sanitary Code does not require such a permit, proof establishing that such a permit is not required.

(e) A certificate of occupancy or certificate of compliance for such accessory use shall identify and refer to the floor plan layout approved by the Building Inspector in connection with issuance of such certificate. Such accessory use shall be conducted in accordance with the approved floor plan layout, and no accommodations for on-premises consumption of food shall be provided except as shown on the approved floor plan layout. No alterations or modifications shall be made with respect thereto unless and until a floor plan layout showing the revisions has been approved by the Building Inspector and a new certificate of occupancy or certificate of compliance therefor (identifying and referring to such approved layout) has been issued by the Building Inspector.

(f) The accommodations for on-premises consumption of food may consist of table or counter seating or table or counter standing. The extent of such accommodations shall be clearly delineated and limited so as to be clearly subordinate and incidental to the principal use.

(g) Such accessory use may include nonalcoholic beverages but shall not include alcoholic beverages.

(h) Off-street parking spaces shall be provided for such accessory use. The number of off-street parking spaces required for such accessory use shall be one space per three persons accommodated by the accommodations for on-premises consumption of food.

(i) The off-street parking space requirement set forth in § 116-9D(3)(h) above shall be deemed to be set forth in § 116-14D, and such accessory use shall be deemed to be a component use for the purpose of determining off-street parking space requirements pursuant to § 116-14B.

(j) Off-street parking spaces shall be provided for such accessory use in accordance with § 116-9D(3)(h) above, whether or not the retail store or shop is exempt from providing off-street parking spaces pursuant to § 116-14J. It is intended by this provision that the number of off-street parking spaces required by § 116-9D(3)(h) above shall be provided, notwithstanding any provision to the contrary in § 116-14J.

E. Supplemental accessory use regulations applicable to a restaurant.

[Added 4-20-1999 by L.L. No. 2-1999]

(1) Outdoor dining shall constitute a prohibited accessory use to a restaurant, except as otherwise hereinafter expressly allowed. Outdoor dining shall constitute a special exception accessory use to an existing restaurant in the VB District.

(2) Outdoor dining as a special exception accessory use to an existing restaurant in the VB District shall require special exception use approval pursuant to Article IV of this chapter. Such use shall also require site plan approval.

(3) Outdoor dining as a special exception accessory use to an existing restaurant in the VB District shall require compliance with the special conditions and safeguards set forth in § 116-23B(25). Outdoor dining as a special exception accessory use to an existing restaurant in the VB District shall also require compliance with the applicable general standards set forth in § 116-22.

(4) Where an existing restaurant in the VB District is located on a parcel situate within 500 feet of a public parking lot owned or operated by the Village, outdoor dining as a special exception accessory use to said restaurant shall not require compliance with the standard set forth in § 116-22I (off-street parking spaces), and said restaurant shall not be required to provide off-street parking spaces for said accessory use.

(5) Where an existing restaurant in the VB District is located on a parcel situate more than 500 feet from a public parking lot owned or operated by the Village, outdoor dining as a special exception accessory use to said restaurant shall require compliance with the standard set forth in § 116-22I (off-street parking spaces), and said restaurant shall be required to provide off-street parking spaces for said accessory use. The number of off-street parking spaces required for said accessory use shall be one space per three seats.

(6) Valet parking for outdoor dining as a special exception accessory use to an existing restaurant in the VB District (to wit, provision for parking, via valet service on a lot other than the parcel on which said restaurant is located) shall not be deemed to constitute providing off-street parking spaces.

(7) Expiration and annual renewal.

(a) Pursuant to § 116-23B(25), all special exception authorizations for outdoor dining as an accessory use to an existing restaurant in the VB District shall expire on January 1 of the year following their issuance. A special exception authorization for such accessory use may be annually renewed and reissued (to expire on January 1 of the following year) by resolution of the Board of Appeals without a further public hearing, provided that:

[1] A written request for such renewal and reissuance has been filed with the Building Inspector for transmittal to the Board of Appeals; and

[2] The Building Inspector has issued a written report to the Board of Appeals reporting that the Building Inspector did not observe any violations of applicable conditions during the preceding year; and

[3] The Police Department has issued a written report to the Board of Appeals reporting whether any complaints regarding outdoor dining activities have been made to the Police Department during the preceding year.

(b) Except as otherwise set forth above, annual renewal and reissuance (to expire on January 1 of the following year) of a special exception authorization for such accessory use shall require a formal application and public hearing. Renewal shall not be denied without a public hearing.

F. Supplemental accessory use regulations applicable to garage sales as an accessory use to a residence.

[Added 11-23-1999 by L.L. No. 7-1999]

(1) Pursuant to other provisions of this chapter, a customary accessory use to a residence is permitted (except those which are prohibited by this chapter). It is the intent of this Subsection F to recognize that a garage sale which is clearly subordinate to and customarily incidental to a residence is a customary accessory use to a residence and to regulate and restrict such customary accessory use. It is not the intent of this Subsection F to permit as an accessory use to a residence any type of sale which is not clearly subordinate to and customarily incidental to a residence, or any type of sale which is prohibited by other provisions of this chapter.

(2) As used herein, the term "garage sale" shall have the meaning indicated:

GARAGE SALE

The casual sale of tangible personal property to the public at a residence by the resident thereof (including sales from the yard or lawn on the property where the residence is located, sales from a garage or accessory building on the property where the residence is located and sales from the residence), provided that such sale is clearly subordinate to and customarily incidental to residential use and is not prohibited by other provisions of this chapter.

(3) Garage sales shall offer only used items of personal property owned by the resident of the property where the sale is held. No new merchandise shall be offered for sale.

(4) Garage sales shall not commence before 8:00 a.m. and shall terminate by 6:00 p.m.

(5) A garage sale shall not extend for a period of more than three consecutive days.

(6) No more than two garage sales shall be conducted at a residence by the resident thereof in any one calendar year. A garage sale which extends for a period not exceeding three consecutive days shall be deemed to be one garage sale.

§ 116-9.1 Basements and cellars.

[Added 4-23-2024 by L.L. No. 15-2024]

A. Except as set forth in Subsection B below, basements and cellars may not extend beyond the building footprint of the first floor of a dwelling; basements and cellars are further not allowed below any portion of a dwelling that extends into required setbacks.

B. Window wells, staircases and egress window wells which serve a basement or cellar may extend beyond the first-floor footprint up to a maximum of four feet.

§ 116-10 Agriculture, gardening and animal husbandry as principal uses.

In any district, agricultural and gardening uses shall comply with the following requirements:

A. Cover crops shall be planted or sown on all cultivated land of one acre or more within two weeks of the date when crops are harvested therefrom and in no event later than October 30 of any year. Such crops shall be grown and maintained in such condition as to protect the soil against wind erosion at all times to the full extent possible after the use of such due diligence as a reasonably prudent farmer or gardener would employ or exercise under all circumstances.

B. During the months of July and August, motor-driven machinery used in connection with working the land shall not be employed on any weekday before 6:00 a.m. or after 9:00 p.m. or at any time on Sundays, except with the specific approval of the municipal governing body.

§ 116-11 Lot area, coverage, width and yards.

A. With respect to lot area. The minimum required lot area shall not include any underwater or tidal lands below the mean high-tide level, except that in a Tidal Wetland and Ocean Beach Overlay District, marshlands customarily flooded at high tide may be included as a part of such required lot area pursuant to the provisions of § 116-7 of this chapter.

B. With respect to lot coverage. The calculation of the percentage of lot coverage shall include those lot areas covered by temporary structures and open storage of more than an incidental transitory character.

C. With respect to lot width. The minimum lot width at the street line shall be at least 40 feet in all districts, except in those districts where there is no minimum lot area requirement, where the minimum width at the street line shall be 20 feet and also in the case of flagpole lots, where the minimum lot width at the street line shall be 20 feet. Notwithstanding the foregoing, in the case of flagpole lots created after the effective date of § 116-11F(7), the minimum lot width at the street line shall be as provided in § 116-11F(7).

[Amended 9-23-2003 by L.L. No. 6-2003]

D. With respect to yards.

(1) The following accessory structures may be located in any required front or rear yard:

(a) An awning or movable canopy not exceeding 10 feet in height.[1]

[1] Editor's Note: As to the construction of theater marquees, see Ch. 95, Streets and Sidewalks, Art. II, Encroachments.

(b) An open arbor or trellis.

(c) A retaining wall, fence or masonry wall pursuant to § 116-18 of this chapter.[2]

[2] Editor's Note: Former Subsection D(1)(d), regarding unroofed steps; patio or terrace not higher than one foot above ground level, which immediately followed this subsection, was repealed 5-14-1999 by L.L. No. 3-1999.

(2) The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection D(1) above and the following:

(a) An unroofed balcony projecting not more than eight feet into the yard.

(b) Other projections specifically authorized in Subsection D(3) and (4) below.

(c) An unroofed entry porch and unroofed steps projecting not more than eight feet into the yard.

[Added 5-14-1999 by L.L. No. 3-1999]

(3) Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.

(4) Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.

(5) Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

(6) The lot area and width of a lot improved with an existing residence located in a district in which a new dwelling is not a permitted or special exception use shall not be reduced in area or width below the minimum required for the R-20 Residence District nor below that required for the district in which it is located, whichever is greater. If the lot area of such a lot is reduced the lot coverage, width, height and yard requirements of the R-20 Residence District shall apply to the lot containing the existing residence.

(7) The following minimum required transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines:[3]

(a) Adjoining residential districts.

[1] Minimum required transitional side and rear yards shall be 50 feet and the minimum required screening with such transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Board of Appeals, subject to the applicable provisions of § 116-27 of this chapter, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.

[2] Notwithstanding the foregoing, the minimum required transitional side and rear yards shall be 20 feet where HA Hospital Accessory property abuts a residential district. The minimum screening therein shall be as provided in Subsection D(7)(a)[1] above.

[Added 5-25-1993 by L.L. No. 2-1993; amended 6-22-1993 by L.L. No. 3-1993]

(b) Adjoining limited access highways.

[1] The minimum required transitional front yard shall be 20 feet and the minimum required screening within such transitional front yard shall be landscaped plantings, including evergreen shrubs not less than one foot nor more than three feet high and street trees in accordance with municipal specifications.

[3] Editor's Note: As to restrictions on the height of yard plantings, see Ch. 41, Brush, Obnoxious Growth and Trash.

E. With respect to front yards in residence districts on certain lots having frontage on more than one street.

[Added 1-14-2000 by L.L. No. 1-2000]

(1) As used herein, the following terms shall have the indicated meanings to the extent indicated:

(a) Nonaccess private road. Where a lot fronts on a private road but does not have a legal right of access to such private road, such private road shall be deemed a nonaccess private road in relation to said lot.

(b) Access private road. Where a lot fronts on a private road and does have a legal right of access to such private road, such private road shall be deemed an access private road in relation to said lot.

(2) Where a lot in a residence district fronts on a nonaccess private road and another street (an access private road or a public road):

(a) The applicable front yard regulations shall apply on the frontage on such other street (the access private road or public road).

(b) The front yard regulation applicable to the principal building shall also apply on the frontage on the nonaccess private road.

(c) The front yard regulations applicable to accessory buildings and structures shall not apply on the frontage on the nonaccess private road. For purposes of placement of accessory buildings and structures on such lot, the lot line fronting on the nonaccess private road shall be deemed to be a rear lot line or a side lot line (rather than a front lot line), but the minimum required setback from the lot line fronting on the nonaccess private road shall be 10 feet more than the minimum distance from side and rear lot lines applicable to accessory buildings and structures.

(3) Intent.

(a) Pursuant to other provisions of this chapter, where a lot fronts on more than one street (such as a corner lot or a lot extending through from street to street), the applicable front yard regulations apply on both street frontages. The applicable front yard regulations include the front yard regulation applicable to the principal building (the minimum required front yard or street setback for the principal building). The applicable front yard regulations also include the front yard regulations applicable to accessory buildings and structures (the minimum required street setback for accessory buildings and structures and the provision which prohibits accessory buildings and strictures within a front yard).

(b) In the absence of Subsection E, the applicable front yard regulations would apply on both street frontages even in cases where one of the streets is a private road to which the lot does not have a legal right of access. Where a lot in a residence district fronts on a nonaccess private road and another street, it is the intent of Subsection E that the front yard regulation applicable to the principal building shall still apply on both street frontages, but that the front yard regulations applicable to accessory buildings and structures shall only apply on the frontage on such other street (the access private road or the public road). In exempting the frontage on the nonaccess private road from the front yard regulations applicable to accessory buildings and structures, it is the intent of Subsection E to establish a minimum setback requirement from the lot line fronting on the nonaccess private road for accessory buildings and structures which is greater than (10 feet more than) the minimum distance from side and rear lot lines applicable to accessory buildings and structures.

F. With respect to flagpole lots:

[Added 6-12-2003 by L.L. No. 4-2003]

(1) The land area within the pole portion of a flagpole lot shall be excluded in determining the lot area of a flagpole lot.

(2) One of the internal lot lines of a flagpole lot shall be designated as the front lot line to be used for determination of lot width and the required front yard. The internal lot line opposite the designated front lot line shall constitute the rear lot line, and the other internal lot lines shall constitute side lot lines. The applicable front yard and distance from street requirements shall apply to the designated front lot line.

(3) The Planning Board may designate one of the internal lot lines of a flagpole lot as the front lot line incident to granting subdivision approval involving a flagpole lot or incident to granting site plan approval for a flagpole lot. If the Planning Board does not so designate the front lot line, then the owner of the flagpole lot shall designate the front lot line.

(4) No flagpole lot shall be permitted in the R-7.5 Residence District unless it has a lot area of at least 20,000 square feet. No flagpole lot shall be permitted in the R-12.5 Residence District unless it has a lot area of at least 20,000 square feet. No flagpole lot shall be permitted in the R-20 Residence District unless it has a lot area of at least 30,000 square feet. No flagpole lot shall be permitted in the R-40 Residence District unless it has a lot area of at least 60,000 square feet. No flagpole lot shall be permitted in the R-60 Residence District unless it has a lot area of at least 80,000 square feet. No flagpole lot shall be permitted in the R-80 Residence District unless it has a lot area of at least 100,000 square feet. No flagpole lot shall be permitted in the R-120 Residence District unless it has a lot area of at least 150,000 square feet.

[Amended 9-23-2003 by L.L. No. 6-2003]

(5) In the case of a flagpole lot having a lot area of less than 20,000 square feet, the yard requirements (including front, side and rear yard requirements for a principal building and distance from street, side lot line and rear lot line requirements for accessory buildings and structures) applicable to lots having a lot area of 20,000 square feet or greater but less than 40,000 square feet (see § 116-11.1 for such requirements) shall apply to such flagpole lot having a lot area of less than 20,000 square feet.

[Amended 9-23-2003 by L.L. No. 6-2003; 4-8-2005 by L.L. No. 2-2005]

(6) No building permit shall be issued for a flagpole lot until a landscape plan therefor shall have been approved by the Building Inspector. Such plan shall provide for adequate screening and buffering of the flagpole and driveway portion of the lot in relation to adjacent lots. The required screening and buffering shall be deemed to be a continuing condition to use of the flagpole lot. The Building Inspector, in consultation with the Planning Board, shall adopt and publish minimum landscape and screening specifications. The Building Inspector shall refer such plan to the Planning Board for its review and approval in the event the Building Inspector finds that the owner's plan does not provide adequate screening and buffering, or if the owner seeks to vary the specifications.

[Amended 7-23-2019 by L.L. No. 8-2019]

(7) In the case of flagpole lots created after the effective date of this provision, the minimum lot width at the street line shall be 25 feet, and the minimum width of the pole portion along its entire length (from the street line to the flag portion) shall be 25 feet. [Note: The "effective date of this provision" means the effective date of the local law enacting this provision.]

[Added 9-23-2003 by L.L. No. 6-2003]

§ 116-11.1 Yard regulations in certain residence districts.

[Added 4-8-2005 by L.L. No. 2-2005]

A. Except as otherwise hereinafter provided, the minimum yard dimensional regulations (including front, side and rear yard requirements for a principal building and distance from street, side lot line and rear lot line requirements for accessory buildings and structures) within all one-family residence districts (the R-120, R-80, R-60, R-40, R-20, R-12.5 and R-7.5 Residence Districts) and the MF-20 Multifamily Residence District shall be based on the lot area of the lot and shall be as set forth in the following table:

[Amended 4-13-2017 by L.L. No. 2-2017]

Table of Yard Regulations in Certain Residence Districts [Amended 11-10-2005 by L.L. No. 7-2005; 4-23-2024 by L.L. No. 14-2024]
Lot Area (square feet)
			Less Than 7,499	7,500 to 12,499	12,500 to 19,999	20,000 to 39,999
	Yards, principal building, minimum (feet)
		Front	25	25	30	40
		Side, minimum for 1	10	12	15	20
		Side, total for both on interior lota
		Side, abutting side street on corner lot	25	25	30	40
		Rear	25	30	35	60
	Yards, accessory buildings and structures, minimum (feet)
		Distance from street	35	35	40	50
		Distance from side and rear lot lines	10	10	12	15
	Greenspace Minimum
		Greenspace Minimum	35%	40%	45%	50%

NOTES:
a.	Such yard regulations are set forth in § 116-11.1D.

Table of Yard Regulations in Certain Residence Districts [Amended 4-23-2024 by L.L. No. 14-2024]
Lot Area (square feet)
		40,000 to 59,999	60,000 to 79,999	80,000 or Greater
Yards, principal building, minimum (feet)
	Front	60	80	80
	Side, minimum for 1a	25	30	35
	Side, total for both on interior lota	60	70	80
	Side, abutting side street on corner lot	60	80	80
	Rear	70	100	100
Yards, accessory buildings and structures, minimum (feet)
	Distance from street	70	90	90
	Distance from side and rear lot lines	25	30	35
	Greenspace Minimum
	Greenspace Minimum	55%	60%	65%

B. Minimum front yard requirement.

(1) The minimum front yard requirement for a principal building within each of the following residence districts shall not be less than the dimension set forth in the following schedule for the district within which the lot is situated:

Residence District	Dimension (feet)
R-120	80
R-80	80
R-60	80
R-40	60
R-20	40
R-12.5	30
R-7.5	25
MF-20	50

(2) If the minimum front yard dimension for a principal building determined pursuant to the table in Subsection A above is greater than the minimum front yard dimension determined pursuant to the schedule in this Subsection B, the minimum front yard dimension for a principal building determined pursuant to the table in Subsection A above shall be the applicable minimum front yard requirement. If the minimum front yard dimension for a principal building determined pursuant to the table in Subsection A above is less than the minimum front yard dimension determined pursuant to the schedule in this Subsection B, the minimum front yard dimension determined pursuant to the schedule in this Subsection B shall be the applicable minimum front yard requirement.

C. Minimum distance from street.

(1) The minimum distance from street requirement for accessory buildings and structures within each of the following residence districts shall not be less than the dimension set forth in the following schedule for the district within which the lot is situated:

Residence District	Dimension (feet)
R-120	90
R-80	90
R-60	90
R-40	70
R-20	50
R-12.5	40
R-7.5	35
MF-20	60

(2) If the minimum distance from street dimension for accessory buildings and structures determined pursuant to the table in Subsection A above is greater than the minimum distance from street dimension determined pursuant to the schedule in this Subsection C, the minimum distance from street dimension for accessory buildings and structures determined pursuant to the table in Subsection A above shall be the applicable minimum distance from street requirement. If the minimum distance from street dimension for accessory buildings and structures determined pursuant to the table in Subsection A above is less than the minimum distance from street dimension determined pursuant to the schedule in this Subsection C, the minimum distance from street dimension determined pursuant to the schedule in this Subsection C shall be the applicable minimum distance from street requirement.

D. Minimum side yard requirements (minimum for one, minimum total for both on interior lot) for principal building on lots having a lot area of less than 40,000 square feet.

[Added 4-13-2017 by L.L. No. 2-2017]

(1) The total dimensions of both side yards for a principal building shall be computed on the basis of 4/10 of the lot width of the lot; however, no side yard dimension shall be less than 4/10 of the total dimensions of both side yards, computed as aforesaid, and no side yard dimension shall be less than the minimum set forth in § 116-11.1A above.

[Amended 4-23-2024 by L.L. No. 14-2024]

§ 116-11.2 Lot coverage in certain residence districts.

[Added 4-8-2005 by L.L. No. 2-2005]

The maximum lot coverage (maximum lot coverage by main and accessory buildings and structures) within all one-family residence districts (the R-120, R-80, R-60, R-40, R-20, R-12.5 and R-7.5 Residence Districts) and the MF-20 Multifamily Residence District shall be 14% of the lot area of the lot plus 1,500 square feet. In no case in such districts shall lot coverage exceed 30% of lot area.

§ 116-11.3 Dimensional regulations in VB district.

[Added 4-11-2013 by L.L. No. 2-2013]

A. Lot area.

(1) Where public sewerage is not available, no lot shall be built upon which has insufficient space for a private sanitary waste disposal system, as determined by the municipality and the Suffolk County Health Department.

(2) No minimum lot area required.

(3) No minimum lot area per dwelling unit required.

B. Lot width.

(1) Minimum lot width shall be 20 feet.

C. Lot coverage.

(1) Maximum coverage by main and accessory buildings and structures shall be 70%.

(2) Maximum depth of building footprint from front property line shall be 75 feet for lots with frontage on North Main Street, Main Street and Jobs Lane.

(3) Maximum depth of building footprint from front property line shall be 120 feet for lots with frontage on all streets other than North Main Street, Main Street and Jobs Lane.

D. Height.

(1) With respect to property located in a designated historic district under Chapter 65 of the Village Code, maximum building height shall be 35 feet, and maximum number of stories shall be 2 1/2 stories.

(2) With respect to property located outside of a designated historic district under Chapter 65 of the Village Code, maximum building height shall be 35 feet, and maximum number of stories shall be 2 1/2 stories unless special exception approval is obtained from the Board of Appeals to exceed such limitations. Subject to the limitation set forth in Subsection D(3), the Board of Appeals may grant special exception approval to exceed 35 feet in height in order to allow a height not exceeding 40 feet, and in conjunction therewith, the Board of Appeals may grant special exception approval to exceed 2 1/2 stories in order to allow three stories.

(3) One or more adjacent buildings above 35 feet in height shall not continue more than 60 feet along the street, or be located within 150 feet of another building above 35 feet in height.

(4) Building height of one or more adjacent buildings shall not remain constant for more than 65 feet along the street. A change in building height shall consist of a minimum of three feet.

(5) Maximum height of a single-story building is 20 feet. One or more adjacent single-story buildings shall continue for no more than 50 feet along the street.

(6) One or more adjacent multiple story buildings shall not continue for more than 120 feet along the street without an eight foot setback of the upper story or stories.

E. Yards for principal buildings and accessory buildings.

(1) No minimum yard setbacks are required.

(2) Maximum front yard setback for first story is three feet.

(3) Principal building must span a minimum of 90% of the frontage.

(4) Where a drainage easement is required, front yard setback shall be measured from the easement.

(5) Maximum front yard setback for upper stories is eight feet beyond the first story setback.

(6) Recesses to accommodate entrances shall be a minimum of three feet and a maximum of 12 feet in depth and shall be provided at intervals of no more than 45 feet.

§ 116-12 Height regulations.

A. Nothing herein contained shall restrict the height of the following architectural and structural features:

(1) On any public or semipublic building, a spire, cupola, dome, belfry or clock tower.

(2) Flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft as accessory facilities to permitted or special exception uses in a given district.

(3) Barns, silos or similar farm structures in districts where agriculture is a permitted use.

(4) Radio or television tower, transmission line or tower or similar structure (including a wireless facility) necessary as a public service facility only after approval as a special exception use by the Board of Appeals.

[Amended 2-23-2016 by L.L. No. 1-2016]

B. No building or structure erected pursuant to Subsection A above to a height in excess of the height limit for the district in which it is situated shall:

(1) Have a lot coverage in excess of 10% of the lot area.

(2) Be used for residence or tenancy purposes.

(3) Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.

C. No private radio or television antenna, mast or tower shall exceed the maximum permitted height prescribed for the district in which such proposed structure is located.

D. Natural grade.

[Added 4-22-1986 by L.L. No. 2-1986; amended 8-13-2015 by L.L. No. 5-2015]

(1) The existing natural grade of a lot shall not be changed on any part of the lot, except as permitted under the terms and conditions of a building permit.

(2) Where the natural grade of a lot is permitted to be changed under the terms and conditions of a building permit, such terms and conditions may impose reasonable restrictions and limitations for the purpose of minimizing any adverse impact on the neighborhood or community.

E. Pyramid Law in certain residence districts.

[Added 9-23-2003 by L.L. No. 7-2003; amended 12-14-2017 by L.L. No. 8-2017]

(1) In the MF-20, MF-25, R-7.5, R-12.5, R-20, R-40, R-60, R-80 and R-120 Residence Districts, all buildings and structures (except chimneys, flagpoles, church spires and decorative railings) must remain inside the sky plane of the lot.

(2) In the case of lots other than flagpole lots in the R-7.5, R-12.5 and R-20 Residence Districts, the sky plane shall begin at the front and rear lot lines at the average elevation of the existing natural grade, shall begin at the side lot lines five feet above the average elevation of the existing natural grade, and shall extend to the building or structure at an angle of 45°.

(3) In the case of flagpole lots and lots in the MF-20, MF-25, R-40, R-60, R-80 and R-120 Residence Districts, the sky plane shall begin at the front, rear and side lot lines at the average elevation of the existing natural grade and shall extend to the building or structure at an angle of 45°.

(4) The average elevation of the existing natural grade shall be certified by a licensed surveyor.

(5) An illustration showing a typical sky plane is included at the end of this chapter.

(6) Notwithstanding any language in this Pyramid Law (Subsection E), the maximum height limitation set forth in the Table of Dimensional Regulations shall not be exceeded.

(7) Notwithstanding any provision in this Pyramid Law (Subsection E) to the contrary, in the case of a lawfully existing (existing as of the effective date of this Pyramid Law) one-family dwelling having a height in excess of the height limitation imposed by this Pyramid Law, the height of any addition or improvement thereto may exceed the height limitation imposed by this Pyramid Law, provided that the height of such addition or improvement does not exceed the maximum height limitation set forth in the Table of Dimensional Regulations, and provided that the height of such addition or improvement does not exceed the height of the highest point of the roof of such existing one-family dwelling.[1]

[1] Editor's Note: Former Subsection F, Height in certain residence districts, and G, Space above the second story in certain residence districts, both added 4-8-2005 by L.L. No. 2-2005, which immediately followed this subsection, were repealed 11-10-2005 by L.L. No. 7-2005.

F. Height in certain residence districts.

[Added 7-21-2015 by L.L. No. 4-2015; amended 5-21-2019 by L.L. No. 6-2019]

(1) Except as otherwise hereinafter provided, the maximum height in feet for all structures within all one-family residence districts (the R-120, R-80, R-60, R-40, R-20, R-12.5 and R-7.5 Residence Districts) and the MF-20 Multifamily Residence District shall be based on the lot area of the lot and shall be as set forth in the following table:

Lot Area (square feet)	Maximum Height (feet)
Less than 20,000	30
20,000 or greater but less than 40,000	33
40,000 or greater	35

(2) Notwithstanding the foregoing, the maximum height in feet for any residential building with a roof pitch flatter than 7/12 (i.e., seven inches of rise for every 12 inches of run) over greater than 5% of the total roof area shall be seven feet less than the maximum height set forth in the above table. For the purposes of this section, a roof over an unenclosed porch or entryway shall not be considered as part of the roof area.

G. Measurement of height of certain elevated buildings.

[Added 8-13-2015 by L.L. No. 5-2015]

(1) As used herein, the term "elevated building" shall mean a building elevated pursuant to the elevation requirements of Chapter 62 (the Village Flood Damage Prevention Code).

(2) Notwithstanding the provision in the definition of height of a building (see § 116-2B) to the effect that the height of a building be measured from the average elevation of the finished grade along the side of the building fronting on the nearest street, in the case of an elevated building, the height of such elevated building shall be measured from the elevation above the applicable base flood elevation (the base flood elevation applicable to such elevated building pursuant to Chapter 62).

[Amended 1-25-2022 by L.L. No. 1-2022]

(3) In the case of an elevated building, the terms and conditions of a building permit for such elevated building may require that the natural grade of the lot be increased vertically for the purpose of minimizing any adverse impact on the neighborhood or community.

(4) Height of building: for residences in FEMA special flood hazard areas (SFHA), the vertical distance from the FEMA flood zone's base flood elevation (BFE) to the highest point of a roofed structure. On narrow lots that are 20,000 square feet or more, overall building height is limited to BFE plus 32 feet. On narrow lots that are less than 20,000 square feet, overall building height is limited to BFE plus 30 feet.

[Added 1-25-2022 by L.L. No. 1-2022]

(5) Narrow lot: a lot within a FEMA special flood hazard area that is less than 175 feet wide.

[Added 1-25-2022 by L.L. No. 1-2022]

H. Pyramid Law for certain elevated buildings.

[Added 8-13-2015 by L.L. No. 5-2015]

(1) As used herein, the term "elevated building" shall mean a building elevated pursuant to the elevation requirements of Chapter 62 (the Village Flood Damage Prevention Code).

(2) The sky plane requirements hereinafter set forth shall be applicable to elevated buildings.

(3) The front yard sky plane shall begin at a line parallel to and situate 40 feet from the front lot line at the elevation equivalent to the applicable base flood elevation (to Wit, the front yard sky plane shall be measured from and along the applicable base flood elevation with the fulcrum offset 40 feet from the front lot line) and shall extend to the building at an angle of 33º.

(4) The side yard sky plane shall begin at the side lot lines at the elevation five feet above the applicable base flood elevation (to wit, the side yard sky plane shall be measured from and along the elevation five feet above the applicable base flood elevation with the fulcrum offset at the side lot lines) and shall extend to the building at an angle of 33º.

(5) An elevated building must remain inside the front yard and side yard sky planes, except for the following permitted encroachments:

(a) Cornices and eaves up to 24 inches on first floor roof only.

(b) Cornices and eaves up to 12 inches on second-floor roof and half-story roof only.

(c) Roof feature. Dormers (gable, hip, shed, barrel style) shall be limited to no greater than eight feet wide each, no taller than six feet of vertical encroachment, and shall not be within the same vertical plane as the exterior wall below by at least a two-foot offset (breaking of plane requires offset, not interruptions). Ridge of dormers shall be at least 12 inches lower vertically than the primary roof structure it is a feature upon.

(6) The height of an elevated building shall not exceed the height limitations imposed by this Pyramid Law (Subsection H). The height of an elevated building shall not exceed the maximum height limitations imposed by other applicable dimensional regulations of this chapter.

I. Retaining walls. For the purpose of this section and for the purpose of establishing maximum height, retaining walls do not include walls supporting subsurface features, including but not limited to stairwells, window wells, below-grade driveways, or sunken tennis courts. Retaining walls regulated under this section are those which result in a change in the grade of a property as compared to the natural grade (see § 116-2, Definitions). This section does not apply to walls utilized for landscape design features which do not change the profile of the property (see § 116-18 for dimensional restrictions relating to "walls").

[Added 1-25-2022 by L.L. No. 1-2022; amended 8-11-2022 by L.L. No. 11-2022]

(1) No retaining walls shall be located within the first 20 feet of any property line.

(2) No retaining wall shall result in a change in grade of more than three feet.

(3) No retaining walls shall be less than 15 feet offset from one another.

(4) Retaining walls must be designed by a licensed professional engineer.

(5) If retaining walls are used to provide adequate area and coverage for dry wells and sanitary system, the design professional shall illustrate the full system profile and identify the soil scour effect on the system, where applicable.

(6) In no instance shall the increase in grade created using retaining walls/fill exceed the required BFE for the structure to comply with FEMA construction standards.

(7) Between retaining walls, a gradual change in grade not exceeding a 20% slope in any location is permitted. This applies between retaining walls and foundation of the structure. This allowance for gradual change in elevation shall not apply to the area located between the property line and a retaining wall [for which the placement of fill is prohibited even for exceptions, if approved per § 116-12I(8)].

(8) Exception. Where a retaining wall cannot meet the standards contained in § 116-12I(1), (2), (3), (5) and (7) to accommodate proper installation of an innovative/alternative wastewater treatment system ("sanitary system"), a special permit from the Village Board of Zoning Appeals will be required with referral to the Village Engineer to evaluate and approve the proposal.

(a) In review of such application, the applicant must demonstrate that the proposed grading will result in the minimum deviation from the standards necessary to meet the requirements pursuant to the most recent Suffolk County Department of Health Services guidelines document entitled, "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single-Family Residences." Plans must provide sufficient information to demonstrate that the change in grade will not result in an increase in flooding impacts to neighboring properties.

(b) To apply for review under this section, the applicant shall be required to submit the following:

[1] Application form.

[2] Survey prepared by a licensed surveyor, including recent test hole information for the area proximate to the proposed sanitary system, FEMA floodplain and minimum BFE.

[3] Proposed site plan prepared by a licensed professional showing location of proposed improvements, proposed sanitary system, and including cross section showing details of the system, area of fill, depth to groundwater, proposed retaining wall(s), proposed elevation, and changes in grade.

[4] Plans and details for proposed retaining wall(s) prepared by a licensed professional engineer.

[5] Drainage calculations and proposed drainage plan/details.

§ 116-13 Sign regulations.

A. Sign definitions. As used in this chapter, the following terms shall have the indicated meanings:

[Amended 11-23-1999 by L.L. No. 7-1999]

BILLBOARD SIGN

A sign which directs attention to a business or profession which is not conducted upon the property where the sign is located or to a commodity, service or attraction which is not sold or offered upon the property where the sign is located.

CONSTRUCTION SIGN

A sign which identifies a contractor and/or architect involved with a project on the property where the sign is located.

GARAGE SALE SIGN

A sign which directs attention to a garage sale being conducted at a residence.

IDENTIFICATION SIGN

A sign which directs attention to a business or profession conducted upon the property where the sign is located or to a commodity, service or attraction sold or offered upon the property where the sign is located.

MENU BOX SIGN

A weathertight box constructed of wood with a glass or plexiglass front used by a business to display a sign.

POLITICAL SIGN

A sign promoting and/or endorsing a political candidate, political party or ballot referendum.

PORTABLE SIGN

A sign which is designed to be movable. The term "portable sign" includes a sign which is not securely affixed or anchored to the ground, a building or a structure. The term "portable sign" also includes banners, pennants, streamers, spinners or other moving or fluttering devices. The term "portable sign" includes a sign which is mounted on a trailer or wheels. The term "portable sign" does not include a sign which is affixed to or painted on a motor vehicle that is regularly operated on the public streets (as distinguished from a motor vehicle that primarily serves as an on-site sign). The term "portable sign" does not include the flag of any nation, state, municipality or other governmental agency, nor the official flag of any nonprofit institution or entity.

REAL ESTATE AGENCY/BROKERAGE SIGN

A real estate sign which identifies a real estate agency or broker involved with the sale or rental.

REAL ESTATE SIGN

A sign which advertises for sale or for rent the property on which the sign is located.

SIGN

Any device, fixture, placard or structure that utilizes any text, symbol, graphic, illumination, color or other form for the purpose of advertisement, announcement, direction, identification or other communication of information to the public. Signs located in an interior portion of a building are excluded from the meaning of the term "sign," unless a particular provision of this chapter clearly indicates an intent to regulate same. Window signs are regulated and thus are included within the meaning of the term "sign."

WINDOW SIGN

A sign that is affixed to or painted on the glass of an exterior window or door (whether affixed to or painted on the interior side or the exterior side of said glass) of a business or that is visible through such exterior window or door and placed within one foot of the glass. In the case of a real estate agency or brokerage business, the term "window sign" does not include customary display of photographs or pictures of houses or properties offered for sale or rent; but such display shall not be of plastic construction, and no back lighting shall be provided.

B. Identification signs.

[Amended 9-19-1995 by L.L. No. 7-1995; 11-23-1999 by L.L. No. 7-1999]

(1) A home professional office or home occupation may have one identification sign on each public street frontage of its property. Such sign shall bear only the name and profession or occupation of the resident. Such sign shall have a maximum area of two square feet and may be located on the building wall or in the required front yard, provided that it is set back at least five feet from all property lines and is not more than six feet above the natural ground level at its location. Such sign may be double-faced. A detached or ground sign shall not be supported by a pylon or metal pole.

(2) A church or other place of worship may have one announcement sign, not over 12 square feet in area, on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least five feet from the front property line and at least 25 feet from all other property lines. Such sign may be double-faced. A detached or ground sign shall not be supported by a pylon or metal pole.

(3) A parish house, club, school or public or semipublic building may have one announcement sign, not over six square feet in area, on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least five feet from the front property line and at least 25 feet from all other property lines. Such sign may be double-faced. A detached or ground sign shall not be supported by a pylon or metal pole.

(4) All other identification signs (all identification signs other than for a home professional office, home occupation, church or other place of worship, parish house, club, school or public or semipublic building):

(a) Are prohibited in all residence districts.

(b) Are permitted in nonresidential districts pursuant to the schedule set forth in Item (5) below.

(5) The following schedule of permitted identification signs shall apply to such identification signs in nonresidential districts, according to the district in which the lot is located on the Zoning Map:[1]

(a) In Village Business and Highway Business Districts, one wall sign on each public street frontage of the lot or municipal off-street parking lot frontage and one detached or ground sign pursuant to § 116-13C.

(b) In all other nonresidential districts, one wall sign on each public street frontage of the lot or municipal off-street parking lot frontage and one detached or ground sign pursuant to § 116-13D.

[1] Editor's Note: The Zoning Map is located at the back of this Code.

C. Village and Highway Business District identification signs.

(1) A wall identification sign shall be attached to or incorporated in a building wall. Such sign shall not:

(a) Exceed in total area 1 1/2 square feet for each horizontal foot of such wall on which it is mounted.

[Amended 11-23-1999 by L.L. No. 7-1999]

(b) Exceed in width 75% of the horizontal measurement of the wall on which it is mounted.

(c) Project more than one foot from such wall.

(d) Exceed 60 square feet in total area.

[Added 11-23-1999 by L.L. No. 7-1999]

(2) A detached or ground identification sign may only be erected where the building is set back from the street line a distance of 40 feet or more. Such sign shall not:

(a) Exceed in total area 24 square feet.

(b) Exceed six feet in height measured from the ground level.

[Amended 9-19-1995 by L.L. No. 7-1995]

(c) Be supported by a pylon or metal pole.

[Amended 9-19-1995 by L.L. No. 7-1995]

(d) Be set back less than 10 feet from any property line, except that if the average front setback of existing buildings within the same block is less than 10 feet, then the average setback so established shall be applied to such sign.

(3) When a wall identification sign is permitted on a building wall, a portion of the sign area permitted on such building wall may be incorporated into an awning attached to such building wall, subject to the following limitations:

[Added 9-19-1995 by L.L. No. 7-1995]

(a) The awning shall have seven feet of head clearance, shall be flame retardant and shall be retractable. The top of the awning shall follow the header of the window.

(b) A sign permit shall be required for the sign area incorporated into such awning. In reviewing the design thereof, the Board of Architectural Review and Historic Preservation may consider the design of the awning (including its color and material) and the sign area incorporated therein.

(c) No back lighting shall be provided. The awning shall be nonilluminated.

[Amended 11-23-1999 by L.L. No. 7-1999]

(d) The lettering shall be on the bib of the awning only and shall be a single line of lettering not exceeding six inches in height.

(e) The awning graphics shall indicate only the name, type of business and/or address of the enterprise or premises.

(f) The sign area incorporated into such awning shall be deemed to be part of the permitted wall identification sign and shall be debited against the sign area permitted on such building wall.

D. All other nonresidential district identification signs.

(1) A wall identification sign shall be attached to or incorporated in a building wall. Such sign shall not:

(a) Exceed in total area one square foot for each horizontal foot of such wall on which it is mounted.

(b) Exceed in width 75% of the horizontal measurement of the wall on which it is mounted.

(c) Project more than one foot from such wall.

(d) Exceed 40 square feet in total area.

[Added 11-23-1999 by L.L. No. 7-1999]

(2) A detached or ground identification sign may only be erected where the building is set back from the street line a distance of 40 feet or more. Such sign shall not:

(a) Exceed in total 24 square feet.

(b) Exceed six feet in height measured from the ground level.

[Amended 9-19-1995 by L.L. No. 7-1995]

(c) Be supported by a pylon or metal pole.

[Amended 9-19-1995 by L.L. No. 7-1995]

(d) Be set back less than 20 feet from any property line, except that if the average front setback of existing buildings within the same block is less than 10 feet, then the average setback so established shall be applied to such sign.

(3) When a wall identification sign is permitted on a building wall, a portion of the sign area permitted on such building wall may be incorporated into an awning attached to such building wall, subject to the following limitations:

[Added 9-19-1995 by L.L. No. 7-1995]

(a) The awning shall have seven feet of head clearance, shall be flame retardant and shall be retractable. The top of the awning shall follow the header of the window.

(b) A sign permit shall be required for the sign area incorporated into such awning. In reviewing the design thereof, the Board of Architectural Review and Historic Preservation may consider the design of the awning (including its color and material) and the sign area incorporated therein.

(c) No back lighting shall be provided. The awning shall be nonilluminated.

[Amended 11-23-1999 by L.L. No. 7-1999]

(d) The lettering shall be on the bib of the awning only and shall be a single line of lettering not exceeding six inches in height.

(e) The awning graphics shall indicate only the name, type of business and/or address of the enterprise or premises.

(f) The sign area incorporated into such awning shall be deemed to be part of the permitted wall identification sign and shall be debited against the sign area permitted on such building wall.

E. Window signs and menu box signs.

[Amended 9-19-1995 by L.L. No. 7-1995; 11-23-1999 by L.L. No. 7-1999]

(1) Window signs are permitted in all nonresidential districts, subject to the following limitations:

(a) The total area of window signs that are affixed to or painted on or placed within one foot of the glass of a door shall not exceed 10% of such glass area, except as follows. If such door provides access for more than one business, such total area shall not exceed 10% of such glass area per business.

(b) The total area of window signs that are affixed to or painted on or placed within one foot of a window shall not exceed 20% of the area of the window.

(c) Window sign area shall be debited against the permitted wall sign area, except as follows. Window signs indicating hours of operation, business affiliations, emergency information and the like (excluding product or service information) are exempt from being debited against the permitted wall sign area, provided that the aggregate area of all such signs for a single business does not exceed one square foot per window or door. Posters referred to in Subsection E(1)(d) and (e) below are exempt from being debited against the permitted wall sign area.

(d) A permit is not required for window signs that consist of posters affixed to or placed within one foot of a window for the purpose of advertising special events or activities of local public interest scheduled to occur at sites other than the property where the posters are located. Such posters shall be removed no later than five days after the occurrence of the special event or activity. Such posters shall not be subject to the above window sign area limitations.

(e) A permit is not required for window signs that consist of posters affixed to or placed within one foot of a window for the purpose of advertising special sales or promotions of the on-site business. Such posters shall not be subject to the above window sign area limitations. A particular poster shall not be displayed for a period of more than 30 consecutive days, nor re-displayed (displayed again after removal to interrupt a period of consecutive days) more than three times per calendar year.

(f) The aggregate area of window signs subject to the twenty-percent limitation in Subsection E(1)(b) above plus posters referred to in Subsection E(1)(e) above shall not exceed 25% of the area of the window. The aggregate area of window signs subject to the twenty-percent limitation in Subsection E(1)(b) above plus posters referred to in Subsection E(1)(d) above shall not exceed 30% of the area of the window. The aggregate area of window signs subject to the twenty-percent limitation in Subsection E(1)(b) above plus posters referred to in Subsection E(1)(d) and (e) above shall not exceed 30% of the area of the window.

(2) Menu box signs are permitted in all nonresidential districts, subject to the following limitations:

(a) A menu box sign shall be one-sided and shall be attached to a building wall.

(b) A menu box sign shall be as small as practicable.

(c) A menu box sign may be illuminated with white artificial light only, not exceeding 30 watts. The source of illumination shall be shielded and directed solely at the menu box sign.

(d) One menu box sign per business is permitted.

(e) No menu box sign shall be placed on the Village right-of-way.

F. General provisions.

(1) The area of a sign shall be determined by the smallest rectangle that encompasses all of the letters or symbols that make up the sign, together with the area of any background of a different color or material from the general finish of the building, whether painted or applied.

(2) The outlining by direct illumination of all or part of a building, such as a gable, roof, wall, side or corner, is prohibited except during the Christmas season.

(3) No rooftop signs shall be permitted in any district.

[Amended 9-19-1995 by L.L. No. 7-1995]

(4) Illumination of signs shall be accomplished by means of shielded, direct, external, white light sources not exceeding 75 watts and in such a manner that no glare shall extend beyond the property lines or disturb the vision of passing motorists or constitute a hazard to traffic.

[Amended 9-19-1995 by L.L. No. 7-1995; 11-23-1999 by L.L. No. 7-1999]

(5) Portable signs are prohibited in all districts.

[Added 11-23-1999 by L.L. No. 7-1999]

(6) No sign shall distract from or obstruct historical buildings and sites and unique natural or scenic features from public view.

[Amended 9-19-1995 by L.L. No. 7-1995]

(7) Billboard signs are prohibited in all districts, except that the municipality may establish special public information centers wherein approved directional signs for businesses may be located.

(8) Nothing contained in this chapter shall be construed to prohibit the municipality or any other governmental agency from erecting and maintaining public signs deemed to be necessary in the public interest.

(9) No flashing or moving signs shall be permitted in any district, except that such a sign may be permitted if the Board of Architectural Review and Historic Preservation finds that such a sign contributes to a building's architectural or historic significance.

[Amended 9-19-1995 by L.L. No. 7-1995]

(10) Neon and neon-type signs, including all signs and designs consisting of glass tubing or other tubular arrangements containing gasses which, when permeated by electrical charge, result in production of light and which, when on the exterior of a building or in an interior portion of the building, are visible from the street, are prohibited in all districts of the Village, except that such a sign may be permitted if the Board of Architectural Review and Historic Preservation finds that such a sign contributes to a building's architectural or historic significance.

[Added 4-13-1992 by L.L. No. 3-1992; amended 9-19-1995 by L.L. No. 7-1995]

(11) Interior-lit translucent signs, including all signs constructed of a translucent material and lit from behind by a light source that causes the translucent material to be illuminated, are prohibited in all districts, unless such a sign is necessary to direct the attention of the public to an emergency service facility. Interior-lit translucent signs located in an interior portion of a building are included within the foregoing prohibition if such signs are visible from the street.

[Added 9-19-1995 by L.L. No. 7-1995; amended 11-23-1999 by L.L. No. 7-1999]

(12) In the event that any business sign erected for the purpose of denoting a business conducted or product sold on the property where the sign is located no longer denotes a business actually conducted or product actually sold on the property where the sign is located, such sign shall be removed within 30 days after written notice from the Building Inspector to the effect that such sign must be removed by reason of the occurrence of said event.

[Added 11-23-1999 by L.L. No. 7-1999]

(13) A detached or ground sign shall not be supported by a pylon or metal pole.

[Added 11-23-1999 by L.L. No. 7-1999]

G. Procedures, permits and fees.

(1) No sign shall be erected within the Village of Southampton without first obtaining a permit from the Building Inspector and paying the required fee for such permit, except as follows:

[Amended 9-19-1995 by L.L. No. 7-1995]

(a) Residence nameplates, street number signs, "beware" or "caution" signs, all not exceeding two square feet, accessory to one-family and two-family dwellings, shall not require a permit. A real estate sign (other than a real estate agency/brokerage sign) which advertises a one-family or two-family dwelling for sale or for rent shall not require a permit; such sign shall be subject to § 116-13I(1).

[Amended 11-23-1999 by L.L. No. 7-1999]

(b) "Exit" and "entrance" signs shall not require a permit. Such signs shall not exceed four feet in height measured from the ground level, shall have a maximum area of 200 square inches, and shall say "exit" or "entrance" only.

(c) A sign indicating that the property has an alarm system shall not require a permit. Such sign shall have a maximum area of one square foot.

[Added 11-23-1999 by L.L. No. 7-1999]

(d) A permit is not required for the following:

[Added 11-23-1999 by L.L. No. 7-1999]

[1] Window signs that consist of posters affixed to or placed within one foot of a window for the purposes set forth in and pursuant to § 116-13E(1)(d) or (e).

[2] A garage sale sign pursuant to § 116-13I(3).

[3] A political sign pursuant to § 116-13I(4).

(2) Applications for sign permits shall be made upon forms provided by the Building Inspector and shall include plans, specifications and other such information as the Building Inspector may require.

(3) The Building Inspector shall determine that such proposed sign complies with all the requirements of this chapter and all other applicable laws and regulations of the Village of Southampton before authorizing issuance of a sign permit.

(4) No sign permit shall be issued prior to payment of a fee of $75.

[Amended 12-9-1988 by L.L. No. 8-1988; 11-9-2006]

(5) Each sign permit issued shall be assigned a permit number by the Building Inspector.

[Amended 9-19-1995 by L.L. No. 7-1995]

(6) Each sign for which a sign permit has been issued shall be inspected for adequate maintenance, freedom from any hazardous condition and structural soundness each year. If such sign is found to be unsafe, the Building Inspector shall notify the owner, and the sign shall then become an illegal sign unless the condition is corrected within five days.

(7) No existing sign shall be structurally altered, rebuilt, enlarged, extended, relocated or modified in any way except in conformity with the provisions of this section.

(8) Any sign requiring a sign permit which does not have such a permit or which has had its permit revoked shall be deemed to be an illegal sign.

[Amended 4-9-1976 by L.L. No. 1-1976; 9-19-1995 by L.L. No. 7-1995]

(9) No permit for a sign shall be issued by the Building Inspector until the design thereof shall have been approved by the Board of Architectural Review and Historic Preservation or a committee thereof if authorized by such Board to give such approval in its behalf.

[Amended 9-19-1995 by L.L. No. 7-1995]

(10) A real estate firm may obtain an annual permit from the Building Inspector for the real estate agency/brokerage sign to be utilized by such real estate firm during a particular calendar year. The application for such permit shall set forth the name and address of the real estate firm as well as the lettering to be included on such sign and shall include an annual permit fee of $75. Upon issuance of such permit, such real estate agency/brokerage sign may be placed on any lot or lots as to which signed consents are filed pursuant to § 116-13I(1)(h), subject to § 116-13I(1). Such annual permit shall expire on December 31 of each year. No real estate agency/brokerage sign shall be placed on any lot unless such real estate firm has obtained such annual permit.

[Added 11-23-1999 by L.L. No. 7-1999; amended 11-9-2006]

(11) A contractor and/or architect may obtain an annual permit from the Building Inspector for the construction sign to be utilized by such contractor and/or architect during a particular calendar year. The application for such permit shall set forth the name and address of the contractor and/or architect as well as the lettering to be included on such sign and shall include an annual permit fee of $75. Upon issuance of such permit, such construction sign may be placed on any lot or lots as to which signed consents are filed pursuant to § 116-13I(2)(c), subject to § 116-13I(2). Such annual permit shall expire on December 31 of each year. No construction sign shall be placed on any lot unless such contractor and/or architect has obtained such annual permit.

[Added 11-23-1999 by L.L. No. 7-1999; amended 11-9-2006]

H. Design guidelines.

[Added 9-19-1995 by L.L. No. 7-1995]

(1) Color. In selecting the principal colors for a sign, colors which are in harmony with the general tone of the building should be chosen. The use of neon, metallic or day-glow type colors are discouraged, and the use of muted and earth tone colors with a matte finish are strongly encouraged.

(2) Materials. Sign materials should be consistent with and complement the original construction materials and architectural style of the building on which they are to be displayed.

(3) Lettering. Lettering styles should complement the style and period of the building on which they appear.

I. Additional regulations.

[Added 11-23-1999 by L.L. No. 7-1999]

(1) Real estate signs. One real estate sign may be placed on a lot, subject to the following regulations:

(a) If the lot is situate in a residence district, the sign shall have a maximum area of three square feet. If the lot is situate in a nonresidential district, the sign shall have a maximum area of four square feet.

(b) The sign shall be of white post construction.

(c) The sign, including the post or posts when placed in the ground, shall not have a height of more than four feet above finished grade or, if there is no finished grade, the sign shall not have a height of more than four feet above the grade of the street on which the property is located.

(d) The sign shall display only "for sale" or "for rent," "exclusive" or "by appointment," the name of the real estate firm or property owner and its, his or her telephone number and logo in nonmetallic medium or color. The sign may also display "open house" only on the day of an "open house." If the lot is situate in a nonresidential district, the sign may also display the zoning district.

(e) The sign shall be placed only parallel to the street.

(f) The sign may be at the property line but shall be off the Village right-of-way.

(g) "SOLD" or "IN CONTRACT" signs are prohibited.

(h) No real estate agency/brokerage sign shall be placed on any lot unless there is filed with the Building Inspector a written signed consent to the placement of such sign by the owner of such lot. The consent shall set forth the name of the owner, the address and Tax Map number of the property, the name of the real estate firm as to which consent has been given and the length of time the consent shall be effective. The owner shall have the right to revoke the consent at any time by filing a written revocation with the Building Inspector. The revocation shall set forth the name of the owner, the address and Tax Map number of the property, the name of the real estate firm as to which consent has been revoked, the date the revocation is to be effective, which date cannot be less than five days from the date of the filing of the revocation, and a statement that the real estate firm has been notified in writing of the revocation and the effective date of revocation.

(i) The sign shall be removed no later than five days of the date of the following (whichever first occurs):

[1] The termination date of the consent or the revocation date of the consent.

[2] The transfer of title to the property in the event of a sale.

[3] The execution of a lease by all parties in the event of a rental.

(2) Construction signs. One construction sign may be placed on a lot, subject to the following regulations:

(a) The sign shall have a maximum area of three square feet, except as otherwise provided in Subsection I(2)(b) below for a special construction sign.

[Amended 4-14-2000 by L.L. No. 3-2000]

(b) A "special construction sign" shall mean a construction sign consisting of sign area for one contractor and sign area for one architect. A special construction sign shall have a maximum area of five square feet, and thus the total of the sign area for the contractor and the sign area for the architect shall not exceed five square feet.

[Amended 4-14-2000 by L.L. No. 3-2000]

(c) No construction sign shall be placed on any lot unless there is filed with the Building Inspector a written signed consent to the placement of such sign by the owner of such lot. The consent shall set forth the name of the owner, the address and the Tax Map number of the property, the name of the contractor and/or architect as to which consent has been given and the length of time the consent shall be effective. The owner shall have the right to revoke the consent at any time by filing a written revocation with the Building Inspector. The revocation shall set forth the name of the owner, the address and Tax Map number of the property, the name of the contractor and/or architect as to which consent has been revoked, the date the revocation is to be effective, which date cannot be less than five days from the date of the filing of the revocation, and a statement that the contractor and/or architect has been notified in writing of the revocation and the effective date of revocation.

(d) The sign shall be removed no later than five days of the date of the following (whichever first occurs):

[1] The termination date of the consent or the revocation date of the consent.

[2] The last day the contractor or architect completes the work for which the contractor or architect was employed.

[3] The certificate of occupancy/compliance has been issued.

(e) No construction sign shall be placed on any part of a lot facing the water; the sign must be placed only facing the street.

(f) The sign may be at the property line but shall be off the Village right-of-way.

(3) Garage sale signs.

(a) One garage sale sign may be placed on the property where the sale is being conducted, subject to the following regulations:

[1] The sign shall have a maximum area of four square feet.

[2] The sign shall be nonilluminated.

[3] The sign shall be displayed only during the sale and shall be immediately removed after the sale.

[4] The sign shall be displayed for a maximum period of three consecutive days. The sale shall not exceed a period of three consecutive days.

(b) A permit is not required for a garage sale sign.

(c) No garage sale sign shall be placed on the Village right-of-way. No garage sale sign shall be placed on property other than the property where the sale is being conducted.

(4) Political signs.

(a) Political signs may be displayed for no more than 70 days prior to an election and 10 days after an election.

(b) Political signs shall be located off the Village right-of-way.

(c) A permit is not required for a political sign.

(5) Noncommercial messages on signs.

(a) The term "noncommercial message" includes any message which constitutes constitutionally protected noncommercial speech.

(b) Nothing in this chapter shall be construed to prohibit a sign which is otherwise permitted by this chapter from containing a noncommercial message in place of the message provided for in this chapter, subject to all other requirements (all requirements other than the content of the message) of this chapter. Since § 116-13F(7) prohibits billboard signs in all districts (except for special public information centers which may be established by the municipality), the foregoing provision [to wit, § 116-13I(5)(b)] shall not be construed as allowing a sign containing a noncommercial message in place of a prohibited billboard sign.

J. Compulsory termination of nonconforming signs.

[Added 11-23-1999 by L.L. No. 7-1999]

(1) Anything to the contrary in this chapter notwithstanding, every nonconforming sign which lawfully exists as of the effective date of this Subsection J shall become an unlawful structure on the date hereinafter specified and shall thereupon be removed, except as otherwise provided in Subsection J(2).

(a) Any nonconforming sign (except a portable sign and a nonretractable awning) which lawfully exists as of the effective date of this Subsection J on property used for a business use shall become an unlawful structure upon a transfer of ownership occurring prior to January 1, 2003, and shall be removed within 30 days after the date of said transfer. In the event that a transfer of ownership does not occur prior to January 1, 2003, compulsory termination of said sign is governed by Subsection J(1)(b) and (c) below. As used herein, a transfer of ownership includes the following: a transfer of ownership of said sign; a transfer of ownership of the entity which conducts said business; a transfer of the right to use said sign from the entity which conducts said business to an entity which conducts another business.

(b) Any nonconforming sign (except a portable sign and a nonretractable awning) which lawfully exists as of the effective date of this Subsection J pursuant to a permit issued after January 1, 1998, shall become an unlawful structure on the date five years after issuance of said permit and shall thereupon be removed.

(c) Every other nonconforming sign (except a portable sign and a nonretractable awning) which lawfully exists as of the effective date of this Subsection J shall become an unlawful structure on January 1, 2003, and shall thereupon be removed.

(d) Every portable sign which lawfully exists as of the effective date of this Subsection J shall become an unlawful structure on January 1, 2000, and shall thereupon be removed.

(e) Every nonretractable awning which lawfully exists as of the effective date of this Subsection J shall become an unlawful structure on January 1, 2004, and shall thereupon be removed.

(2) Exceptions.

(a) A nonconforming sign which lawfully exists as of the effective date of this Subsection J by reason of and pursuant to a variance for said sign granted by the Zoning Board of Appeals is hereby excepted from the compulsory termination provisions set forth in Subsection J(1).

(b) A nonconforming identification sign which lawfully exists as of the effective date of this Subsection J on property situate in a residence district is hereby excepted from the compulsory termination provisions set forth in Subsection J (1).

(3) Intent of Subsection J.

(a) The effective date of this Subsection J means the effective date of the local law enacting Subsection J.

(b) Every nonconforming sign which lawfully exists as of the effective date of this Subsection J includes signs which were nonconforming prior to enactment of said local law and signs which became nonconforming as a result of enactment of said local law (to wit, signs which became nonconforming as a result of other provisions in the local law enacting Subsection J).

(c) With respect to a nonconforming sign which lawfully exists as of the effective date of Subsection J pursuant to a permit issued prior to the effective date of Subsection J, it is the intent of Subsection J(1)(b) and (c) to require removal of such nonconforming sign on the date about three years after the effective date of Subsection J (on January 1, 2003, the anticipated effective date of Subsection J being prior to or about January 1, 2000) or the date five years after issuance of the permit, whichever date provides a longer period. If the permit was issued prior to January 1, 1998, Subsection J(1)(c) would apply (January 1, 2003, would provide a longer period); if the permit was issued after January 1, 1998, Subsection J(1)(b) would apply (the date five years after issuance of the permit would provide a longer period).

(d) It is the intent of Subsection J(1) that every nonconforming sign required to be removed pursuant thereto shall be removed on January 1, 2003, the date specified in Subsection J(1)(c), unless a different removal date is applicable pursuant to Subsection J(1)(a), (b), (d) or (e).

(e) It is the intent of Subsection J(1) to require removal of every nonconforming sign which lawfully exists as of the effective date of Subsection J, except for the exceptions expressly set forth in Subsection J(2).

(f) Since identification signs are generally prohibited in all residence districts, existing identification signs directing attention to nonconforming business uses in residence districts would generally be nonconforming identification signs. If a nonconforming business use in a residence district were required to remove its lawfully existing identification sign, such use would be prohibited from having any identification sign. Rather than prohibiting such use from having any identification sign, Subsection J(2)(b) provides that a nonconforming identification sign which lawfully exists on property situate in a residence district is excepted from the compulsory termination provisions set forth in Subsection J(1).

§ 116-13.1 Outdoor lighting.

[Added 9-10-2020 by L.L. No. 8-2020]

A. The general purpose of this section is to protect and promote the public health, safety and welfare, the quality of life, the Village's unique character, and the ability to view the night sky by establishing regulations and a process for review of exterior lighting.

B. This section establishes standards for exterior lighting in order to accomplish the following:

(1) To provide safe lighting on roadways for motorists, cyclists and pedestrians;

(2) To protect against direct glare and excessive lighting on private and public properties;

(3) To ensure that sufficient lighting can be provided where needed to promote safety and security;

(4) To prevent light trespass in all areas of the Village;

(5) To protect and reclaim the ability to view the night sky;

(6) To allow flexibility in the style of lighting fixtures;

(7) To provide lighting guidelines;

(8) To provide assistance to property owners; institutions; and county, state, and utility facilities in bringing nonconforming lighting into conformance with this section;

(9) To use energy wisely and to conserve natural resources;

(10) To preserve the desired rural character of the Village; and

(11) To reduce excessive illumination which has been demonstrated to have a detrimental effect on the local flora and fauna that depend on the natural cycle of day and night.

C. Definitions.

(1) Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.

(2) As used in this section, the following terms shall have the meanings indicated:

AREA LIGHT

A fixture designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens.

AVERAGE HORIZONTAL FOOTCANDLE

The average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground. It can be also determined by the "Key" on a lighting plan as provided by a lighting manufacturer's application department.

CORRELATED COLOR TEMPERATURE (CCT)

The perceived color of the light emitted by a lamp, expressed in Kelvin (K) units. Generally, the lower the Kelvin rating, the "warmer" the light; the higher the rating, the "cooler" or more blue the light. Incandescent bulbs emit approximately 2,300 Kelvin.

ESSENTIAL LIGHTING

Light that is used for a specified period of time, which is necessary for location identification or public circulation purposes.

EXCESSIVE LIGHTING

Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than five FC on any lit surface, unless a higher level is indicated on the Table of Limits of Illumination Levels.

EXTERIOR LIGHTING

Temporary or permanent lighting equipment that is installed, located or used in such a manner with the intention to cause light rays to shine outdoors.

FIXTURE (also called "LUMINAIRE")

The bulb and the assembly that holds the bulb (or lamp) in a lighting system, including reflecting elements, shielding elements, cover glass or lenses, the ballast, and the housing. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit.

FLOODLIGHT

A lamp or fixture intended to light a large area and which can produce light above the fixture. Such lamps (bulbs) may incorporate prismatic lenses that distribute the light in various directions.

FOOTCANDLE ("FC")

The basic unit of illuminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one-foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain hand-held incident light meters.

FULLY SHIELDED OR ZERO UPLIGHT

A fixture designed, constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected in a fixed direction below the horizontal. It can be identified without a manufacturer's photometric report. Also referred to as "zero uplight."

GLARE

The sensation produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, which can cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, and brightness of the source, and on the brightness level to which the eyes are adapted.

HID LIGHTING

A family of bulb types that are known as "high-intensity discharge," including high-pressure sodium, mercury vapor, and metal halide. These types may require a warmup time, usually require a ballast, and have a higher lumen output per watt than incandescent (or halogen) lamps.

HOLIDAY LIGHTING

Temporary strings of small individual lamps.

IESNA

Illuminating Engineering Society of North America (IES or IESNA), a private membership organization that establishes updated standards and illumination guidelines for the lighting industry.

IESNA RECOMMENDED PRACTICES

The most-current publications of IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sportslights, etc.

ILLUMINANCE

The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandle."

KELVIN

The unit of measurement used to characterize the color of light emitted by a lamp. See also "correlated color temperature."

LAMP

The generic term for an artificial light source, to be distinguished from the whole assembly (see "fixture"); commonly referred to as the "light bulb."

LED

Light-emitting diodes are assembled into a lamp to emit light. LEDs are energy-efficient, directional, and have a long life for maintenance purposes. Unfiltered LEDs are high in the blue spectrum (6,000+ Kelvin) and require colored filters to produce "white" light. Also referred to as "solid state lighting."

LIGHT

The form of radiant energy acting on the retina of the eye to make sight possible.

LIGHT LEVEL

The illuminance on a surface, as measured by a light meter or reported in photometric calculations. Light levels are indicated in footcandle measurements on a lighting plan and may also be expressed as uniformity ratios and as isofootcandle plots.

LIGHT POLLUTION

Any adverse effect of man-made light, including, but not limited to, glare, light trespass, skyglow, visual clutter, wasted energy due to excessive or unnecessary lighting, or any man-made light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna.

LIGHT SOURCE

The light bulb and all reflecting and refracting parts of the fixture that transmit light.

LIGHT TRESPASS

Light projected onto the property of another or into the public right-of-way when it is not required or permitted to do so. For reference, full moonlight averages 0.01 footcandle.

LIGHTING ASSEMBLY

Any or all parts of a fixture that function to produce light, including the bulb, assembly, ballast, mounting features and/or pole.

LUMEN

A unit used to measure the actual amount of light that is produced by a bulb. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. For example, a 75-watt incandescent lamp can produce 1,000 lumens, while a 70-watt high-pressure sodium lamp produces 6,000 lumens. Lumen output is listed by the manufacturer on the packaging or can be available from the manufacturer's website.

LUMINAIRE

A fixture.

LUMINANCE

The brightness of a source of light.

MAINTAINED ILLUMINANCE

The light levels that are produced by a lamp and in a fixture after a period of time, taking the normal losses due to lamp aging and fixture dirt accumulation into account.

MOUNTING HEIGHT

The distance from level ground to the lowest light-emitting part of the fixture.

NONESSENTIAL LIGHTING

Lighting for an intended purpose when that intended purpose is not taking place.

PARTIALLY SHIELDED

A fixture which incorporates a partial shield around the lamp, concealing the lamp from view only in certain directions.

PHOTOMETRICS

Technical test reports that indicate light distribution and performance from a fixture. Photometric reports may include candlepower distribution data, cutoff classifications, isofootcandle charts, etc. These are generally available from the fixture manufacturers as IES files or isofootcandle plots.

SHIELD or SHIELDED

An opaque device that is attached to a light fixture to prevent light from being emitted in certain directions. Auxiliary "back" or "house-side" shielding added to an already fully shielded fixture can help limit trespass where a fixture is located near a property line.

SKYGLOW

The overhead glow from light emitted sideways and upwards, including light reflected upward from the ground or other surfaces. Skyglow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the atmosphere. Among other effects, skyglow reduces one's ability to view the night sky. Different sources of light, in equal quantities, can contribute differently to sky glow.

TEMPORARY LIGHTING

Lighting that is intended to be used for a limited time and removed thereafter.

UL RATING

Refers to "Underwriters Laboratories," a commercial agency that certifies the maximum safe wattage for fixtures and other electrical devices. A UL label indicating the maximum safe wattage is affixed or imprinted on all electrical fixtures which are offered for sale.

UNIFORMITY RATIO (U RATIO)

A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. Uniformity ratios meeting professional recommendations will reduce adaptation problems and promote better nighttime vision.

D. Applicability.

(1) All exterior light fixtures installed, replaced, or repaired after the effective date of this section shall conform to the standards established by this section.

(2) All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this section shall not cause light trespass and shall protect adjacent properties and beyond from glare and excessive lighting.

(3) Existing lighting in conflict with this section shall be classified as "nonconforming." All lighting existing or installed prior to the date of the adoption of this section which does not conform with the provisions of this section shall be exempt under the following conditions:

(a) Lighting that violates the light trespass limits or creates a public nuisance or hazard can be ordered removed or altered at any time.

(b) On the effective date of this section, any lighting installation which would comply by re-aiming of the fixture shall be brought in compliance with the terms of this section without delay.

(c) Upon adoption of this section, with any repair or replacement of any nonconforming fixture, or relocation of such fixture, that fixture shall be brought into compliance with the terms of this section at the completion of the repair or replacement.

(d) Upon installation of any new fixture, the provisions of this section shall fully apply. For nonresidential lighting, an inventory of existing lighting submitted to the Board of Architectural Review and Historic Preservation by the applicant will be required when the application for installing new fixture(s) is made.

(e) Residential lighting shall be required to conform to the light trespass and glare provisions upon enactment of this section.

E. Outdoor lighting standards.

(1) General standards for nonresidential.

(a) All exterior lighting shall be designed, located, and lamped in order to prevent:

[1] Overlighting;

[2] Energy waste;

[3] Glare;

[4] Light trespass; and

[5] Unnecessary skyglow.

(b) Canopy lights, such as service station lighting, shall be fully recessed or fully shielded and located to prevent glare and light trespass.

(c) Area lights. All area lights shall be fully shielded or zero uplight.

(d) Electrical utility companies, including their agents, shall not install, replace, re-lamp, nor repair any utility-pole-mounted fixtures after the effective date of this section without first receiving prior approval for such installation by the Board of Architectural Review and Historic Preservation.

[1] No fixture shall exceed 3,000 K.

[2] Every fixture shall be fully shielded, as designed and installed.

[3] Every fixture shall be fitted with middle-of-the-night shutoffs when the need for such lighting has been met.

[4] Light levels shall meet the provisions herein and shall not exceed five footcandles.

(e) Automatic teller machine (ATM) and other bank lighting shall be fully shielded and shall not cause glare or light trespass.

(f) Wall packs and floodlights that are not fully shielded are not permitted.

(2) Type of fixtures for all exterior lighting. All exterior lighting shall use fully shielded fixtures, as determined by a photometry test or certified by the manufacturer, with the light source directed downward and with the lowest light-emitting part of the fixture level with the horizontal plane, with the following exceptions:

(a) Unshielded residential fixtures mounted within five feet of a doorway, equal to the lumen output of one 60-watt incandescent light per fixture (900 lumens), regardless of the number of lamps in such fixtures, are allowed, provided the light trespass limitations and other provisions are met. Residential fixtures do not require photometric testing if UL rated no more than 60 watts aggregate.

(b) Residential floodlights that are UL rated at no more than 60 watts aggregate are permitted if angled downward and only if the fixture does not cause glare or light trespass, and beam spread does not extend beyond the intended target or across property lines. Photocells with operable timers that allow a light to go on at dusk and off by 11:00 p.m., as well as motion-sensor-activated lights for pedestrian safety and security concerns, are encouraged.

(c) Holiday lighting installed and lit between November 15 and January 15 of the following year.

(d) Residential sensor-activated fixtures, provided:

[1] The fixtures are operational and located in such a manner, or shielded, to prevent glare and light trespass;

[2] The fixtures are set to only go on when activated and to go off within five minutes after activation has ceased;

[3] The sensor shall not be triggered by activity off the property; and

[4] The fixture, regardless of the number of bulbs, is lamped no greater than 900 lumens (equivalent to 60 watts incandescent).

(e) Vehicular lights and all temporary emergency lighting needed by the Fire, Ambulance, and Police Departments, or other emergency services, are exempt.

(f) Lighting of radio, communication and navigation towers is allowed, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this section and that the provisions of this section are otherwise met. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity, and red, unless specifically forbidden under FAA requirements.

(g) Neon lights, searchlights, pulse and laser lights are prohibited. Blinking, tracing or flashing lights are prohibited.

(h) Fixtures used for municipal playing fields may be exempt from the shielding requirements when fully shielded fixtures or shielding devices are not available for the intended purpose, and provided all other provisions of this section are met and the light is used only while the field is being used for permitted uses. There shall be no lighting of private sporting courts or playing fields, surfaces or areas within the Village.

(i) In situations of lighted flags which are not illuminated with downward lighting, upward lighting may be used in the form of a narrow cone spotlight, which confines the illumination to the flag. Municipal flags are exempt from this requirement.

(j) Sign lighting equipment, provided that the light falls entirely on the surface of the sign and no glare is visible from property lines or from public streets. Top-mounted sign lights are encouraged.

F. Placement and height of fixtures for all exterior lighting.

(1) No fixtures shall be taller than 20 feet from the ground to their tallest point. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level. (See Attachment 1.[1])

[1] Editor's Note: Attachment 1 is on file in the Village offices.

(2) Fixtures for municipal streetlights and playing fields shall be exempt from the height restriction, provided all other provisions of this section are met. Setbacks from the property line and back and side shielding are encouraged in the design process, to avoid light trespass and glare.

(3) All residential, private commercial, institutional, and utility existing and/or new exterior lighting shall be located and at a mounting height to prevent light trespass and shall protect adjacent properties from glare and excessive lighting.

(4) Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited.

G. Illuminance and type of lamp for all nonresidential lighting.

(1) No fixture shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at or beyond the property line that adjoins a residential parcel or public right-of-way may not exceed 0.05 FC horizontal on the ground or 0.05 FC vertical measured at a five-foot height above the ground unless another applicable law supersedes. Maximum horizontal or vertical illuminance allowed between adjacent commercial properties is 0.1 FC.

(2) The average illuminance levels listed in the Illumination Levels for Various Common Tasks, as provided in the IESNA Recommended Practices, RP 33, Lighting for Exterior Environments, shall not be exceeded for nonresidential lighting unless otherwise specified or approved by the Board of Architectural Review and Historic Preservation. The Village recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Also, appropriate lighting levels are dependent upon the general nature of the surroundings, and the Board of Architectural Review and Historic Preservation may require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and streetlights. In no instance may any lighted surface, as installed, except for nonprofessional sports fields, exceed five footcandles, as measured horizontally or vertically by a light meter.

(3) No light source shall be permitted that exceeds 3,000 Kelvin.

(4) Streetlights shall be fully shielded and shall not be lamped to exceed 3,000 Kelvin. At ground level, footcandle measurements shall not exceed professional recommendations as set by IESNA Recommended Practices, RP 8, for Roadway Lighting. [Exception to "fully shielded": replacements of historic municipal streetlights; e.g., if the fixture is an historic or decorative fixture which is part of a continuous lighting design where the replacement of the fixture piecemeal with compliant fixtures would unacceptably alter the aesthetic characteristics of the existing lighting design.]

H. Procedures for nonresidential lighting.

(1) Any change or alteration of nonresidential exterior lighting must be approved by the Board of Architectural Review and Historic Preservation and verified, post installation, by the Code Enforcement Officer, to ensure compliance with all the provisions of this section. Where new installations have been designed by an illuminating engineer/professional, he or she shall also conduct a post-installation inspection to verify and certify that the installed system operates as designed.

(2) All applications for design review or site plan review, special exception permits, or building permits shall include lighting plans, fixture and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following, if requested by the Board of Architectural Review and Historic Preservation, in order to verify that lighting conforms to the provisions of this section:

(a) Location of each current and proposed outdoor lighting fixture indicated on a site plan.

(b) Type of exterior lighting equipment, including cutoff characteristics, indicating manufacturer and model number.

(c) Lamp source type, lumen output, and wattage.

(d) Mounting height indicated, with distance noted to nearest property line, for each fixture.

(e) Shielding and all mounting details, including pole foundation description.

(f) Initial illuminance levels as expressed in footcandle measurements on a grid of the site showing footcandle readings in every five-foot grid. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including streetlights).

(g) Statement of the proposed hours when each fixture will be operated.

(h) Total exterior initial lamp lumens for proposed property.

(i) Lighting manufacturer specifications (cut sheets) with photographs of the fixtures, indicating the cutoff characteristics of the fixture.

(j) Detailed photometric layout, in five-foot grids, indicating footcandle measurements, with a "key" on the lighting plan indicating the uniformity ratios as provided by the lighting manufacturer's applications department.

(k) Types of timing devices used to control on/off.

(l) If necessary, documentation by a lighting designer or engineer showing that the provisions can only be met with a design that does not comply with this section.

(3) Exceptions may be made for additions or replacements to existing exterior lighting installations, when the total lumens for the fixtures does not exceed a total of 4,000 initial lumens. An application shall be submitted to the Board of Architectural Review and Historic Preservation for a permit and shall include:

(a) The manufacturer's cut sheet with a photograph of the fixture(s) to assure compliance to meet the definition of "fully shielded."

(b) Location of the fixture(s) on a diagram of the site or on a site plan indicating the height of the fixture and the distance in feet from level ground under the fixture(s) to the nearest property line.

(c) The initial lumen output of the fixture(s).

(d) Bulb (light source) type(s).

(e) The Kelvin rating of the light source(s).

(f) Hours of operation and lighting (timing) control device.

(4) Upon any such application, the Board of Architectural Review and Historic Preservation may require all preexisting lighting to be changed to conform to all the provisions of this section.

(5) No exterior lighting shall be altered, enlarged, moved, improved, or converted unless it conforms to a lighting plan approved by the Board of Architectural Review and Historic Preservation.

(6) The following guidelines will be made available to applicants to facilitate compliance:

(a) Diagrams of generally acceptable and generally unacceptable light fixtures.

(b) Diagrams of positioning of sign lights.

(c) Various wattage/lumen conversions.

(d) Latest version of Illumination Levels for Various Tasks, including uniformity ratios (from IESNA Recommended Practices, Lighting for Exterior Environments, RP 33).

(e) Diagram for setbacks for freestanding fixtures.

(f) Educational/support information for the public and the building trades.

I. Violations; penalties for offenses.

(1) It shall be unlawful for any person to install, alter, repair, move, equip, use or maintain any lighting in violation of any of the provisions of this section, or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer.

(2) Any person who shall fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any person taking part or assisting in the installation, alteration, repair, equipping, use or maintenance of any lighting in violation of any of the applicable provisions of this section or any lawful order, notice, directive, permit or certificate of the Code Enforcement Officer made hereunder shall commit a violation of this section. Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.

§ 116-14 Off-street parking, truck loading space and curb cut construction.

A. General. Off-street parking and truck loading spaces shall be provided and kept available as an accessory use to all permitted and special exception uses of buildings, structures and lots in amounts not less than those specified in this section.

B. Method of determining off-street parking space requirements.

(1) The requirement for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is a part of this section.

(2) The requirement for a combination use made up of several component uses (e.g., a bowling alley combined with an auditorium, and a restaurant and bar, or a retail store combined with an office building) shall be determined by establishing the requirement for each component use from the schedule of such requirements which is a part of this section and adding them together.

(3) When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.

(4) If the use is not specifically listed in the schedule of such requirements, the requirement shall be the same as for the most similar use listed.

(5) A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family or two-family dwelling.

(6) Uses which require approval pursuant to the special exception use procedure set forth in § 116-21 of this chapter may be required to provide off-street parking spaces in excess of the requirements of this section, as indicated in § 116-22I of this chapter.

C. Schedule of off-street parking space requirements for residential uses.

Uses	Number of Spaces Required
One-family and two-family dwelling	2 per dwelling unit, plus 1 additional space for each bedroom in excess of 3 bed- rooms
Multiple dwelling	2 per dwelling unit
Residential membership club or fraternity	1 per residence unit, plus 1 per each 2 employees on the premises at one time

D. Schedule of off-street parking space requirements for nonresidential uses.

Uses	Number of Spaces Required
Auditorium, church, convention hall, gymnasium, stadium, theater, studio or other place of public assembly not otherwise classified	1 per 3 permanent seats or 1 per each 40 square feet of seating area where fixed seating is not provided, plus 1 per each employee and/or participant in scheduled events
Bank, savings and loan association	Same as for offices, plus a ten-space queuing line for each drive-in teller's window
Bowling alley	4 per alley
Drive-in facility, outdoor sales lot	1 per each 600 square feet of lot area
Filling station, repair garage	Sufficient parking spaces for all vehicles stored or being serviced at any one period of time, plus a minimum of 5 additional spaces
Funeral home	1 per 40 square feet of public room floor area
Home furnishings showroom [Added 5-24-2022 by L.L. No. 10-2022]	1 per each 500 square feet of total floor area
Home occupation, home professional office	2 for the first 150 square feet of area given over to this component of the land use, plus 1 for each additional 150 square feet or fraction thereof, but in no case less than 2 spaces, plus 1 per each employee
Hotel, motel	1 per guest bedroom, plus 1 per each 2 employees on the premises at one time
Manufacturing or industrial establishment, research institute or laboratory	Parking area equivalent to the total ground coverage of the use, with a minimum of 2 improved spaces per each employees on the premises at one time, but in no case less than 2 spaces
Marina, boatyard	1 per each boat slip, mooring, dock space or similar unit of capacity, plus 1 per each em- ployee
Nursing home	1 per each 2 beds, plus 1 per each 2 employees on the premises at one time
Office, office building, medical arts or ambulatory care clinic. [Amended 1-29-1982 by L.L. No. 1-1982; 3-19-1991 by L.L. No. 2-1991]	1 per 180 square feet of gross floor area
Public or semipublic art gallery, library or museum	Same as for auditoriums, etc.
Restaurant, club	1 per 3 permanent seats or the floor area equivalent, plus 1 per each employee
Retail store, personal service store [Amended 3-19-1991 by L.L. No. 2-1991]	1 per 180 square feet of gross floor area
School	1 per each employee, plus 1 per each 8 students in the 12th grade or per each 2 students in higher grades or the parking requirement for the auditorium or gymnasium component of the use, whichever is the greater
Shop for custom work	1 per 150 square feet of gross floor area
Tavern, bar	2 per each 3 persons of rated capacity, plus 1 per each employee
Veterinarian, veterinary hospital [Amended 1-29-1982 by L.L. No. 1-1982]	1 per 200 square feet of gross floor area
Wholesale establishment, warehouse	Same as for manufacturing or industrial establishment

E. Off-street truck loading space requirements. Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:

Floor Area (square feet)	Number of Spaces Required
Under 5,000	None
5,000 to 14,999	1
15,000 to 40,000	2
Over 40,000	1 for each additional 40,000 square feet over and above the requirement for the first 40,000 square feet

F. Supplemental regulations for private garage or off-street parking areas in residence districts.

(1) Not more than two parking spaces per dwelling unit may be rented to persons living off the premises in the case of a one-family or two-family dwelling use; nor more than one parking space per each two dwelling units may be rented to persons living off the premises in the case of any other residence use.

(2) Not more than one commercial vehicle shall be housed or parked in a private garage or off-street parking area. Such commercial vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds or 25 feet in length.

G. Access driveway requirements.

(1) Private garages, public parking areas, filling stations and repair garages may have separate or combined entrances.

(2) Every separate entrance or exit driveway shall have a minimum unobstructed width of 12 feet on the street. Every combined entrance and exit driveway shall have a minimum unobstructed width of 24 feet on the street, except for one-family residence, where the minimum shall be 10 feet.

[Amended 3-19-1991 by L.L. No. 2-1991]

(3) The intersection of a separate or combined exit and entrance driveway of a public parking area with the public street shall have the same corner clearance as prescribed for intersecting streets in § 116-16 of this chapter.

(4) The gradient of driveways shall be such as to facilitate entrance and exit traffic flow.

H. Driveway, curb and sidewalk construction.

[Added 10-17-1989 by L.L. No. 15-1989[1]]

(1) No driveway, curb cut, curb return or sidewalk will be constructed connecting the abutting property to a Village street without a permit therefor, as hereinafter provided, and except in conformity with the provisions of this Article. The filing fee for such application for such permit shall be $200 or such other amount as the Village Board of Trustees may hereafter fix and establish from time to time by resolution.

[Amended 8-13-2009 by L.L. No. 4-2009]

(2) Driveways crossing curblines and sidewalks shall not be less than 10 feet.

(3) Not more than one curb cut shall be permitted for each parcel, except that one additional curb cut may be permitted for a parcel which has at least 100 feet of frontage on a Village street. In the case of a corner lot, such corner lot shall be permitted to have one curb cut on each street on which such lot has frontage (amounting to a total of two curb cuts), and in the event that such corner lot has at least 100 feet of frontage on one of the streets, one additional curb cut may be permitted on such street (amounting to a total of three curb cuts).

[Amended 8-13-2009 by L.L. No. 4-2009]

(4) Application for a permit to construct a driveway, curb cut, curb return or sidewalk shall be made to the Building Inspector of the Village and shall contain such information as the Building Inspector shall require, including a description of the proposed construction and its location. Application for such permit shall include a survey locating any existing driveway and the proposed driveway, locating existing trees within the right-of-way of the Village street and locating any proposed trees within the right-of-way of the Village street. If removal of any existing tree within the right-of-way of the Village street is proposed, or if planting of any tree within the right-of-way of the Village street is proposed, such permit shall not be issued without the written approval of the Superintendent of Public Works.

[Amended 10-9-2008 by L.L. No. 8-2008]

(5) All driveways, curb cuts, curb returns and sidewalks and similar improvements shall be constructed at the total expense of the abutting property owner. The surface between the property line and the pavement of the Village street shall be asphalt, concrete or Belgian block.

(6) In any case where a circular driveway is proposed to be constructed, no permit shall be issued therefor unless the plans therefor include an accessory off-street parking area for the off-street parking as required by this chapter. In residence districts, a permit for the accessory off-street parking area is required pursuant to § 116-9B(1) of this chapter.

[Amended 8-13-2009 by L.L. No. 4-2009; 7-21-2015 by L.L. No. 3-2015]

(7) The owner of the premises responsible for such construction of a driveway, curb cut, curb return or sidewalk, without a permit or otherwise in conformity with a permit, may be required to remove the same; and, upon failure to do so, the same may be removed by the Village and the cost thereof certified to the Board of Trustees, by the Building Inspector, and assessed against the property of such owner or collected by the Village from such owner by other legal proceedings.

[1] Editor's Note: Pursuant to the inclusion of this local law, former Subsections H and I were redesignated as Subsections I and J, respectively.

I. Design requirements for nonresidential parking and truck loading areas.

(1) All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of § 116-9A of this chapter.

(2) The physical improvements of off-street parking and truck loading areas shall include:

(a) Curbs, paving, sidewalks and drainage facilities complying with the standards established in municipal ordinances, regulations or specifications.

(b) Adequate lighting in public parking areas to assure the general safety and convenience of the public.

(c) Appropriate screening for the protection of adjacent properties, particularly along district boundary lines as provided in § 116-11D(7) of this chapter.

(3) All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a ninety-degree angle with the aisle; 18 feet when the parking spaces are at a sixty-degree angle; and 12 feet when the parking spaces are at a forty-five-degree angle.

(4) Aisles and turning areas shall provide good internal circulation with adequate radii to assure ease of mobility, ample clearance and convenient access. All aisles not adjacent to parking stalls and permitting two-way traffic flow shall have a minimum width of 24 feet. All aisles not adjacent to parking stalls and permitting only one-way traffic flow shall have a minimum width of 12 feet.

[Amended 3-19-1991 by L.L. No. 2-1991]

(5) Center-line gradients of aisles shall not exceed 8%.

(6) Accessory off-street parking areas shall be marked off into parking spaces either with a minimum width of nine feet and a minimum length of 19 feet or with a minimum width of 10 feet and a minimum depth of 18 feet or, in the case of parking spaces for trucks or special equipment, parking spaces of a minimum size to be determined by the municipality, based on the nature of the parked vehicle.

[Amended 3-19-1991 by L.L. No. 2-1991]

(7) An accessory off-street truck loading space shall have a minimum width of 12 feet, a minimum length of 25 feet and a minimum clear height of 14 feet. The related aisles or driveways shall have the same minimum width and clear height.

(8) Notwithstanding and in addition to, the requirements contained in §§ 116-14I(2) and 116-11D(7), to improve aesthetics, promote public safety, moderate climatic effects and minimize nuisances such as noise and glare, accessory off-street parking lots and loading areas shall include appropriate landscaping, as determined by the Building Inspector, or the Planning Board during site plan review, around the perimeter and within the interior of the parking area. At least 10% of the interior of the parking lot and loading areas shall be curbed and landscaped with trees, shrubs and other material. In addition, those parking lots/loading areas visible from the street should be continuously screened by three-foot to four-foot high wall, fence or hedge. Chain-link fence shall not be used.

[Added 11-14-2024 by L.L. No. 31-2024]

J. Exemptions and waivers. Existing buildings and uses are exempt as follows:

(1) The provisions of this section shall not apply to any building or structure or lot lawfully in use at the effective date of this chapter, whether continued as a permitted use or as a legal nonconforming use or thereafter converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements.

(2) However, no building or structure or lot lawfully in use at the effective data of this chapter shall be enlarged unless the off-street parking and truck loading space requirements of this section are complied with to the same extent as would be required if the entire preexisting building or structure or lot and the proposed enlargement were being submitted as if it were a new application for a building permit for the entire project; except that credit shall be given for the off-street parking and loading spaces that would have been required for the existing buildings, structures and uses if they did not have preexisting status. It is intended by this provision that additional off-street parking and truck loading spaces shall be provided with respect to the proposed enlargement, but no additional spaces shall be required with respect to the preexisting portions. However, spaces actually provided at or prior to the time of the application, even if voluntary or informal and unpaved, shall be charged to the preexisting portions and shall be formalized and paved incident to construction of the addition.

[Amended 12-9-1983 by L.L. No. 13-1983]

K. VB District.

[Added 4-11-2013 by L.L. No. 2-2013]

(1) In accordance with the 2022 Village comprehensive plan update for the VB District and § 116-38B(2), in order to eliminate multiple entrances and exits, reduce traffic hazards, gain a higher efficiency in vehicular and pedestrian circulation, conserve space and to promote orderly development, shared parking facilities shall be provided between adjacent lots to serve a number of uses in such a manner as to obtain the maximum efficiency in parking and vehicular circulation, except where it is not physically feasible. Parking lots/areas serving properties that are the subject of site plan, variance, special exception, or special permit Applications before the Village shall provide cross access, by way of easement(s), to adjacent properties to provide for better lot-to-lot connections and reduced access and egress points to the street, as required by the approving board. The reviewing board may waive the cross-access requirement upon making a finding on the record that cross access is either not possible or not practical.

[Amended 11-14-2024 by L.L. No. 31-2024]

(2) Shared alleyways for pedestrian and/or vehicular traffic shall be provided to connect public streets to parking areas to the rear of buildings. Alleyways shall be provided a maximum of 235 feet from the nearest intersection or alleyway and shall include a minimum sidewalk depth of five feet.

(3) Vehicular access to parking areas shall be provided by shared alleyways in lieu of individual lot curb cuts.

(4) Permeable pavement shall be used for all alleyways and parking areas.

(5) Parking requirements shall be 60% of the spaces set forth in § 116-14D, Schedule of off-street parking space requirements for nonresidential uses.

(6) Parking requirements for residential uses shall be one space for a studio, 1.5 spaces for a one-bedroom unit, two spaces for a two-bedroom unit, and an additional one space for each additional bedroom.

[Amended 11-14-2024 by L.L. No. 31-2024]

L. Method of determining off-street parking space requirements for one-family dwellings.

[Added 7-21-2015 by L.L. No. 3-2015]

(1) Pursuant to § 116-14C, the required number of off-street parking spaces for a one-family dwelling consists of two spaces, plus one additional space for each bedroom in excess of three bedrooms. For the purpose of determining such required number of off-street parking spaces:

(a) Rooms designed or designated as bedrooms shall be counted as bedrooms and shall be included in the overall bedroom count for the dwelling.

(b) The following rooms shall not be counted as bedrooms and shall not be included in the overall bedroom count for the dwelling:

[1] Kitchen.

[2] One living room.

[3] One dining room.

[4] One family room (if omitted from floor plan, another room such as a den, study or office may be substituted in its place).

[5] Bathrooms.

[6] Open basement/utility room.

[7] Foyer.

[8] Garage.

(c) The following rooms shall be counted as bedrooms and shall be included in the overall bedroom count for the dwelling:

[1] Studies.

[2] Offices.

[3] Play rooms.

[4] Media rooms.

[5] Any other room not listed in Subsection L(1)(b) above.

(2) Notwithstanding the foregoing, the Building Inspector may exclude from the overall bedroom count for the dwelling any room listed in Subsection L(1)(c) above if the Building Inspector reasonably determines that future use of such room as a bedroom is not feasible or practical, provided that such determination is made in a written determination setting forth the basis for same.

(3) Notwithstanding any provision in this chapter to the contrary, in the case of reconstruction of an existing one-family dwelling in whole or in part, the provisions set forth in Subsection L(1) above shall apply if the cost of the proposed reconstruction equals or exceeds 50% of the full replacement cost of the existing dwelling at the time of reconstruction. It is the intent of the foregoing that, with respect to a project involving an existing one-family dwelling, whether characterized as involving demolition of the existing dwelling and construction of a new dwelling or characterized as involving reconstruction of the existing dwelling, the provisions set forth in Subsection L(1) above shall apply if the cost of the proposed project equals or exceeds 50% of the full replacement cost of the existing dwelling at the time of the project.

M. Design requirements for accessory off-street parking areas for one-family dwellings.

[Added 7-21-2015 by L.L. No. 3-2015]

(1) Off-street parking areas shall be designed so that each required off-street parking space has a minimum width of 10 feet and a minimum length of 18 feet.

(2) Off-street parking areas shall be designed so that each required off-street parking space is provided convenient access at a time when motor vehicles are parked in all required off-street parking spaces. If at such time access from a particular required off-street parking space to the street would necessitate moving more than one other motor vehicle (more than one motor vehicle other than the motor vehicle parked in such particular required-off-street parking space) parked in required off-street parking spaces, such particular off-street parking space does not meet the standard that such particular off-street parking space be provided convenient access. In other words, stacking of required off-street parking spaces in a manner which does not meet such standard of convenient access is not allowed.

(3) Where a driveway is used to provide required off-street parking spaces, use of a driveway for such purpose shall be subject to the design requirements set forth in this Subsection M, and the term "off-street parking area" shall be deemed to include each required off-street parking space provided in a driveway.

(4) Off-street parking areas in residence districts are required to be located in accordance with the setback requirements set forth in § 116-9B(1).

(5) Off-street parking areas in residence districts require a permit from the Building Inspector in accordance with the provisions set forth in § 116-9B(1).

§ 116-15 Courts and spacing of buildings.

A. Outer courts or spaces.

(1) The least width at the lowest level of an outer court or of a space between building walls shall be not less than the largest of the following three dimensions:

(a) One-third of the maximum building height above such lowest level of the building walls erected on the same spot and bounding such court or space.

(b) Two-thirds of the horizontal depth of such court or space.

(c) Fifteen feet.

(2) The horizontal depth of an outer court or of a space between building walls shall not exceed 1 1/2 times the least width.

B. Inner courts or spaces. The least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:

(1) Two-thirds of the maximum building height above such lowest level of the building walls erected on the same lot and bounding such court or space.

(2) Fifteen feet.

§ 116-16 Corner clearance.

[Amended 3-8-1974]

On a corner lot in any district, except in districts where there is no minimum lot area requirement, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of 30 inches, and no vehicle, object or any other obstruction of a height in excess of 30 inches shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of 30 inches, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street line, each of which points is 20 feet from the intersection of such street lines.

§ 116-17 Minimum residential floor area.

[Amended 12-11-2025 by L.L. No. 15-2025]

A. Statement of purpose. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare.

B. Minimum schedule. Every dwelling or other building devoted in whole or in part to a residential use which is hereafter erected or is hereafter converted to accommodate additional families shall provide a minimum floor area per family, on floors with clear ceiling height which conforms with the NYS Building Code, in conformity with the following schedule and with the other provisions of this section. The minima stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage areas and basement and cellar rooms or areas.

(1) One-family and two-family detached dwellings.

	Minimum Floor Area (square feet)
Required Lot Area Pursuant to Zoning District (square feet per dwelling unit)	1-Story Building or First Floor	1 1/2-or-More-Story Building
		First Floor	Other Floors
10,000 or less	800	800	400
10,001 to 20,000	1,000	900	500
Over 20,000 to 40,000	1,500	1,250	750
Over 40,000	2,000	1,500	900

(2) Apartment dwelling units, where permitted.

Number of Rooms	Minimum Apartment Unit Area (square feet)
1 room, studio or efficiency	600
Each additional room	100

(3) Mobile homes: not permitted.

C. Least overall dimension. The least overall dimension of any minimum required first floor area of a dwelling shall be 20 feet.

D. Units in workforce housing developments, where permitted, shall be exempt from § 116-17B(1) and (2) above.

§ 116-17.1 Maximum gross floor area of dwellings in certain residence districts (R-120, R-80, R-60, R-40, R-20, R-12.5, R-7.5 and MF-20).

[Added 4-10-2003 by L.L. No. 3-2003[1]; amended 4-8-2005 by L.L. No. 2-2005; 11-10-2005 by L.L. No. 7-2005]

A. As used herein, the term "gross floor area of a building" shall include the total gross horizontal area of all floors of a building measured to the exterior of the outside walls, including the horizontal floor area of any enclosed breezeway-type structure that is part of the dwelling and the horizontal floor area of any enclosed porch, but excluding the following:

[Amended 10-11-2007 by L.L. No. 10-2007; 4-23-2024 by L.L. No. 16-2024]

(1) The floor area of a cellar shall be excluded in calculating the gross floor area.

(2) The floor area of a half story shall be excluded in calculating the gross floor area to the extent that the half story has a ceiling height of at least seven feet over not more than 1/3 of the total floor area of the half story. If the half story has a ceiling height of at least seven feet over more than 1/3 of the total floor area of the half story, the excess (the portion of the floor area having a ceiling height of at least seven feet which exceeds 1/3 of the total floor area of the half story) shall be included in calculating the gross floor area.

(3) Any floor area under the roof of a roofed porch, deck, patio, balcony or similar roofed structure attached to the dwelling shall be excluded in calculating the gross floor area, provided that the roofed porch, deck, patio, balcony or similar roofed structure is not enclosed so as to be habitable space.

(4) The floor area of a garage that is part of the dwelling shall be excluded to the following extent in calculating the gross floor area:

(a) In districts requiring 20,000 square feet of lot area or less, the floor area of such garage shall be excluded to the extent of 260 square feet. (If the floor area of such garage exceeds 260 square feet, the excess shall be included in calculating the gross floor area.)

(b) In districts requiring more than 20,000 square feet of lot area, the floor area of such garage shall be excluded to the extent of 400 square feet. (If the floor area of such garage exceeds 400 square feet, the excess shall be included in calculating the gross floor area.

B. In any room in a building where the ceiling height exceeds 16 feet, the floor area shall be doubled when calculating the gross floor area.

[Amended 10-11-2007 by L.L. No. 10-2007; 4-13-2017 by L.L. No. 2-2017; 5-10-2018 by L.L. No. 3-2018; 4-23-2024 by L.L. No. 16-2024]

C. In the case of a lot where the maximum gross floor area limitation calculated pursuant to Subsection E below would permit the buildings on a lot to have an aggregate gross floor area in excess of 18,000 square feet, the maximum gross floor area limitation applicable to all buildings on such lot shall be an aggregate of 18,000 square feet. It is the intent of this provision that, notwithstanding Subsection E below, the aggregate gross floor area of all buildings on a lot shall not exceed 18,000 square feet under any circumstance.

[Amended 6-20-2017 by L.L. No. 5-2017; 4-23-2024 by L.L. No. 16-2024]

D. Gross floor area shall be calculated and certified as correct by a New York State licensed architect, professional engineer or surveyor.

E. The maximum gross floor area of a dwelling within the R-120, R-80, R-60, R-40, R-20, R-12.5 and R-7.5 Residence Districts and the MF-20 Multi-Family Residence District shall be 10% of the lot area of the lot, plus 1,500 square feet, less the total gross floor area of accessory buildings on the lot calculated in accordance with the following provisions.

[Added 10-11-2007 by L.L. No. 10-2007; amended 4-13-2017 by L.L. No. 2-2017; 5-10-2018 by L.L. No. 3-2018; 4-23-2024 by L.L. No. 16-2024]

(1) In calculating the total gross floor area of accessory buildings on the lot, the floor area of a detached garage without any living area shall be excluded to the following extent:

(a) In districts requiring 20,000 square feet of lot area or less, the floor area of such detached garage shall be excluded to the extent of 520 square feet. (If the floor area of such garage exceeds 520 square feet, the excess shall be included in calculating the gross floor area.)

(b) In districts requiring more than 20,000 square feet of lot area, the floor area of such garage shall be excluded to the extent of 800 square feet. (If the floor area of such garage exceeds 800 square feet, the excess shall be included in calculating the gross floor area.)

(2) The exclusion from gross floor area of a dwelling set forth in Subsection A(4) above for a garage that is part of the dwelling shall not be applicable in the case of a lot which utilizes the exclusion for a detached garage set forth in Subsection E(1) above. In the case of a lot which utilizes the exclusion for a detached garage set forth in Subsection E(1) above, the entire floor area of a garage that is part of the dwelling shall be included in calculating the gross floor area of the dwelling.

(3) It is the intent of this Subsection E to reduce the maximum gross floor area of dwellings in the R-120, R-80, R-60, R-40, R-20, R-12.5 and R-7.5 Residence Districts and the MF-20 Multi-Family Residence District by the total gross floor area of accessory buildings on the lot calculated as herein set forth.

[1] Editor's Note: This local law also provided that applications for building permits filed prior to 2-1-2003 would be exempt from the provisions of this section.

§ 116-18 Permitted fences and walls.

A. In a residence district.

(1) No fence or wall in a required front yard shall have a height greater than four feet.

(2) No fence or wall in a required rear or side yard shall have a height greater than six feet.

(3) Any such fence shall have the face or finished side thereof facing the property line of the adjacent owner or adjacent street. The Building Inspector shall designate which side of the fence is the finished or face side of the fence.

[Added 3-11-1977 by L.L. No. 1-1977]

(4) A gate and/or gateposts at a driveway entrance or exit may exceed the foregoing height limitation but shall not exceed eight feet in height and for not more than an aggregate width of 25 feet.

[Added 12-9-1983 by L.L. No. 11-1983]

(5) A gate and/or gateposts at a driveway entrance or exit shall have a minimum setback of 18 feet from the edge of street pavement on the street right-of-way and shall not encroach upon the street right-of-way. In a case where the distance from the edge of street pavement on the street right-of-way to the front lot line is less than 18 feet, the foregoing is intended to require a setback from the front lot line sufficient to achieve a setback of 18 feet from the edge of street pavement on the street right-of-way. In a case where the distance from the edge of street pavement on the street right-of-way to the front lot line is more than 18 feet, the foregoing is intended to require a setback of more than 18 feet from the edge of street pavement on the street right-of-way, so that the gate and/or gateposts will not encroach upon the street right-of-way.

[Added 11-13-2008 by L.L. No. 11-2008]

B. In a nonresidence district.

(1) No fence or wall within 10 feet of a lot line in a required front or side yard shall have a height greater than six feet.

(2) No fence or wall within 10 feet of a lot line in a required rear yard shall have a height greater than 10 feet.

(3) Any such fence shall have the face or finished side thereof facing the property line of the adjacent owner or adjacent street. The Building Inspector shall designate which side of the fence is the finished or face side of the fence.

[Added 3-11-1977 by L.L. No. 1-1977]

C. Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence; except that where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and, further, except that any fence or wail on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsections A and B above.

§ 116-18.1 Berms.

[Added 4-24-2001 by L.L. No. 6-2001]

A. Construction and vegetation.

(1) All berms shall be constructed so that all sides of the berm shall not have a slope greater than one to three feet. For the purposes of this section, the slope shall refer to the ratio of a vertical rise of one foot to a horizontal run of three feet.

(2) All berms shall be constructed out of clean fill or an approved equal. Said fill shall be given sufficient time to settle before final shaping and topsoil are applied. After the settled fill has been shaped, a uniform six-inch layer of approved horticultural topsoil shall be placed and fine graded.

(3) All berms shall be properly vegetated and landscaped, as approved by the Planning Board, before any erosion occurs in the topsoil on the berm, or, in the alternative, the berm shall be covered with an approved ground cover until such time as the berm can be properly landscaped.

(4) No fence or wall shall be constructed on a berm. However, a retaining wall may be placed on the sides of a berm where the Planning Board finds said retaining wall will promote aesthetic considerations and the height of same does not exceed the grade of the berm.

(5) The construction of berms and the berm itself shall not interfere with the natural drainage.

B. Berm height.

(1) In all residence districts, no berm shall have a height greater than three feet in a required front yard or four feet in a required rear or side yard.

(2) In all nonresidence districts, no berm shall have a height greater than six feet in a required front, rear or side yard. Notwithstanding the foregoing, the Planning Board may approve modifications to such height limitations where the Planning Board makes specific findings that such modification is necessary in order to limit adverse impacts or promote aesthetic considerations and that such modification will promote the public interest without detrimental effect on any adjoining property or street. However, in no event shall a berm in a required yard exceed a height of 10 feet.

(3) The height of a berm shall be the vertical distance from the top of the berm to the natural existing grade at the base of the berm.

C. Permit required for construction of berms.

(1) All berms shall require a building permit.

(2) All applications for a building permit for a berm shall include the following:

(a) A detailed grading plan of the entire site, indicating the existing topography in contour intervals no greater than five feet and the proposed topography in contour intervals no greater than two feet. The scale of the grading plan shall be no greater than one inch equals 20 feet.

(b) A cross-section of the berm indicating the type of materials to be used in constructing the berm (i.e., fill, topsoil) and the location of landscaping. The scale of cross-section shall be no greater than one inch equals four feet.

(c) A detailed landscaping plan indicating the location, size and quality of the species to be planted.

(3) All applications for a building permit for a berm shall be referred to the Planning Board for its approval with respect to the compatibility of the berm with the surrounding properties and associated land uses, drainage considerations and landscaping. The Building Inspector shall not issue a permit for a berm until Planning Board approval has been received.

D. Construction and other activities in a coastal erosion hazard area as defined in Chapter 49 of the Village Code are regulated by Chapter 49 of the Village Code. The regulations of this chapter (Chapter 116) with respect to berms are not intended to regulate or allow berms in a coastal erosion hazard area and are not intended to regulate dunes in a coastal erosion hazard area.

§ 116-18.2 Importation, exportation or excavation of fill.

[Added 5-21-2024 by L.L. No. 20-2024]

A. Limitation on the importation of, and/or excavation and placement of fill.

(1) Notwithstanding anything to the contrary herein or elsewhere in the Village Code, the importation of, and/or excavation and placement of fill, shall not be permitted:

(a) On properties over 40,000 feet in size, on the first 20 feet around the perimeter of the property;

(b) On properties 40,000 feet in size or less, on the first five feet around the perimeter of the property.

(2) This section shall not be construed to prevent excavation for the creation of a swale to convey and treat stormwater runoff.

B. Site plan approval required. Except to deposit and grade soil excavated at a site incident to any lawful construction which does not change the natural grade or existing topographical elevation of the property or existing surface water runoff, the placement, deposit, excavation or importation of fill shall require site plan approval from the Planning Board in accordance with § 116-38 of the Village Code.

C. Fill permit required. The exportation of fill shall require an exportation permit from the Building Inspector.

D. Exemptions. Site plan approval and/or a fill permit is not required for any of the following

(1) Dredging of a waterway pursuant to all required regulatory approvals.

(2) Any activity for which a waiver of fill permit is granted by the Zoning Board of Appeals upon an express finding that regulation of such activity is outside the purpose of enactment of this section.

(3) Removal, cleanup and/or remediation of contaminated soil required by order of a federal or state agency pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or similar statute or regulation.

E. Applications. Any application for a fill permit or site plan approval under § 116-38, for activities regulated by this section, shall include at least the following:

(1) A detailed statement of the proposed work, the proposed excavation or importation and exact condition of the plot or premises before the work proposed to be accomplished under the requested permit is commenced and proposed topography of said plot or premises when the work is completed.

(2) An estimate prepared by a licensed engineer of the total volume of fill proposed to be excavated, or imported to the property.

(3) The elevations of all abutting properties to the extent available and to the extent necessary to indicate the existing drainage condition and its relationship to the subject property.

(4) A duly acknowledged consent of the owner of the premises, including addresses.

(5) Where the application pertains to land used in agricultural production, the application must be referred to the Commissioner of Agriculture and Markets of the State of New York or his or her duly appointed agent or representative to ascertain that any fill to be exported is apparently free from golden nematode or similar condition.

(6) The purpose of the posed excavation or importation.

(7) The groundwater level at the location as determined by a current test well or boring.

(8) The procedures whereby dust or other fugitive or windborne materials shall be controlled.

(9) A current site plan including such topographical data as required by the Planning Board.

(10) A statement by a licensed engineer attesting that there will be a minimum of two-inch stormwater retention on the property.

F. Standards of review. The Planning Board, upon any review of an application hereunder, must affirmatively find that the importation of fill shall not cause damage to Village roads or other Village resources; the placement of any fill shall not cause adverse changes in existing surface water runoff patterns; any change in topography resulting from the placement or removal of fill shall be necessary to the reasonable development of the site; and granting of any approval of a permit hereunder shall achieve a harmonious balance between existing site topography and any development activity at said site.

G. Fee. Except as amended by resolution of the Board of Trustees, and in addition to any other fee required, the fee for the importation or exportation of fill shall be $10 per cubic yard of fill imported or exported. The fee for the exportation of fill shall be calculated by the Building Inspector based on an estimate, prepared on behalf of the applicant by a licensed engineer, of the total volume of fill to be exported. The fee for the importation of fill shall be based upon the amount to be imported to the property. The Building Inspector, in his or her discretion, may issue a one-time waiver of the fee for the exportation of up to 600 cubic yards of fill. Any payment of a fee shall be subject to a supplemental payment in the event that an Engineer retained by the Village determines that the applicant' s statement or estimate of cubic yards was inaccurate and/or understated. The payment of these fees shall occur upon the filing of either a site plan or, fill permit, application for activities regulated by this section.

§ 116-19 Nonconforming uses, buildings and structures.

A. Application of regulations. These provisions shall apply to all buildings or structures and all uses of buildings or structures or lots lawfully existing prior to the effective date of this chapter or of subsequent amendments, revisions or reenactments of such chapter, which do not conform to the provisions of said original Zoning Ordinance or to such revisions or reenactments on their effective dates.

B. Unlawful buildings, structures or uses not to be construed as nonconforming. No unlawful building or structure or unlawful use of a building or structure or lot existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure or use.

C. Continuance.

(1) Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto, which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied, except as provided in Subsection G below.

(2) A conforming building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 100% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use.

(3) A nonconforming building or structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, restored or repaired in whole or in part and the provisions of Subsection C(2) above shall not apply, except that the degree of nonconformity shall not be increased.

(4) A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot. Such abstract shall be certified by an attorney or by a title insurance company duly licensed to examine and insure titles to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Ordinance. If such a lot is nonconforming with respect to lot width, such lot shall be granted relief for side yard dimensions as follows:

[Amended 9-24-1991 by L.L. No. 9-1991; 4-8-2005 by L.L. No. 2-2005

(a) The total dimensions of both side yards for a principal building shall be computed on the basis of 4/10 of the lot width; however, no side yard dimension shall be less than 4/10 of the total dimensions of both side yards, computed as aforesaid, and no side yard dimension shall be less than 10 feet.

(5) An existing building or structure designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, except that the degree of nonconformity shall not be increased.

(6) Notwithstanding any other provision of this chapter, where a legally existing substandard lot comes into the same record ownership as one or more adjacent lots solely by reason of the death of a previous record owner, the owner of said lots in the same record ownership shall have three years from the date of death of the previous owner causing the lots to be in the same ownership to place the lots into single and separate ownership. Failure to place such lots in single and separate ownership within such period shall result in the merger of substandard lots for zoning purposes.

[Added 8-20-1991 by L.L. No. 8-1991]

D. Extension. A nonconforming use shall not be enlarged or extended nor shall the degree of nonconformity of a nonconforming building be increased, except as provided in § 116-28C of this chapter.

E. Change. A nonconforming use shall be changed only to a conforming use, except as provided in § 116-28C of this chapter.

F. Abandonment.

(1) A nonconforming use shall be deemed to have been abandoned:

(a) When it is changed to a conforming use.

(b) In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months, and in cases where such nonconforming use is of a building or structure designed for such use, when it has not in fact been actually used for a continuous period of three years.

(c) In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of six consecutive months, and in such cases, when it has not in fact been actually used for a continuous period of 18 months.

(2) A nonconforming use that has been abandoned shall not thereafter be reinstated.

G. Compulsory termination of nonconforming structure or use.

(1) A nonconforming structure or nonconforming use may be subject to compulsory termination by the municipal legislative body when it is found detrimental to the conservation of the value of the surrounding land and improvements or to future development of surrounding lands and therefore is tending to deteriorate or blight the neighborhood.[1]

[1] Editor's Note: As to the removal of hazardous structures, see Ch. 47, Buildings, Unsafe.

(2) In ordering the compulsory termination of a nonconforming structure or nonconforming use, the municipal legislative body will establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value remaining after the date of the termination order is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use less their value and condition for a conforming use and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice.

(3) Anything to the contrary in this chapter notwithstanding, any nonconforming billboard or any flashing or moving sign, wherever located, shall become an unlawful structure on June 1, 1976, and shall thereupon be removed.

[Amended 11-23-1999 by L.L. No. 7-1999]

(4) Any owner of any such nonconforming billboard or flashing or moving sign, who alleges that the period herein provided for amortization of such sign is unreasonable as to a particular sign, may apply to the municipal legislative body for an extension of time for amortization of such sign. If the municipal legislature finds that the construction cost of a particular sign may not be reasonably amortized by the aforesaid date, then the municipal legislature may extend the amortization period to a date which it finds will provide a reasonable amortization period. In no event, however, shall the total amortization period for a particular job extend beyond a date which would result in amortization of the construction cost of a particular sign at a rate of less than $100 per year, computed on a straight-line basis.

[Amended 11-23-1999 by L.L. No. 7-1999]

(5) Anything to the contrary in § 116-19G notwithstanding, nonconforming signs other than billboard signs may be subject to compulsory termination by the municipal legislative body pursuant to provisions set forth in § 116-13, in which event, removal of such nonconforming signs shall be governed by the provisions set forth in § 116-13 rather than by § 116-19G.

[Added 11-23-1999 by L.L. No. 7-1999]

H. Accessory buildings used for residential purposes notwithstanding any provision of this chapter to the contrary.

[Added 9-12-1980 by L.L. No. 5-1980]

(1) Within any one-family residence district (R-80 Residence District, R-60 Residence District, R-40 Residence District, R-20 Residence District, R-12.5 Residence District, R-7.5 Residence District), where a lot contains a one-family detached dwelling and a separate, existing building lawfully used in whole or in part for residential purposes incidental to the use of the one-family detached dwelling (such as where the separate, existing building is lawfully used for occupancy for residential purposes by servants or guests of the occupants of the one-family detached dwelling), such separate, existing building shall be deemed an accessory building used for a nonconforming accessory use. Such separate, existing building shall not be considered a one-family detached dwelling.

(2) Where such an accessory building is used for such a nonconforming accessory use, such accessory building shall not be used in whole or in part as a one-family detached dwelling (for occupancy for residential purposes by a person or family independent from the existing one-family detached dwelling) nor as an independent one-family dwelling unit (such as rental to a tenant or tenants for occupancy for residential purposes by a person or family independent from the occupants of the existing one-family detached dwelling) unless and until a variance authorizing the same is granted by the Board of Appeals, except as provided in Subsection H(3) below.

(3) Where such an accessory building is used for such a nonconforming accessory use and where it is proposed to subdivide such lot in such a manner that such accessory building would be located on a separate lot from the existing one-family detached dwelling, such accessory building may be used as a one-family detached dwelling (after subdivision approval by the Planning Board) without a variance authorizing the same, provided that the lot on which such building is proposed to be located would be a conforming lot, and further provided that such building would be conforming in all respects with the requirements of this chapter applicable to a new one-family detached dwelling.

I. Approved cluster developments. Notwithstanding any other provision of this chapter, lots on the approved cluster developments hereinafter identified shall be granted relief from dimensional regulations to the following extent:

[Added 3-25-2003 by L.L. No. 2-2003]

(1) The dimensional regulations applicable to lots on the final plat entitled "Subdivision Map of Halsey Family Limited Partnership, Section 1," which plat was approved by resolution of the Planning Board dated July 6, 1998, shall be as follows:

(a) The minimum required lot area shall be the lot areas as shown on said final plat.

(b) The minimum required lot width shall be the lot widths as shown on said final plat.

(c) All other dimensional regulations shall be those prescribed for the R-40 Resident District as of the date of approval of said final plat.

(2) The dimensional regulations applicable to lots on the final plat entitled "Subdivision Map of Halsey Family Limited Partnership, Section 2," which plat was approved by resolution of the Planning Board dated August 7, 2000, shall be as follows:

(a) The minimum required lot area shall be the lot areas as shown on said final plat.

(b) The minimum required lot width shall be the lot widths as shown on said final plat.

(c) All other dimensional regulations shall be those prescribed for the R-40 Resident District as of the date of approval of said final plat.