[Amended 9-14-1977 by L.L. No. 13-1977; 9-29-1982 by L.L. No. 3-1982]
In all districts, site development plan approval by the Planning Board shall be required, in accordance with § 250-52 of this chapter, in the following instances:
A.
The erection, addition, expansion, extension, division, alteration or reconstruction of all buildings, including those within a condominium or homeowners' association, and parts thereof, other than one-family detached dwellings or buildings accessory thereto. Notwithstanding the foregoing, one-family detached dwellings and buildings accessory thereto situated in the R-O Zoning District shall require site development plan approval in accordance with § 250-52 of this chapter.
[Amended 8-13-2001 by L.L. No. 12-2001]
B.
The creation of any uses other than single-family
residences or uses accessory thereto.
C.
All uses of land where no building is proposed but
where Planning Board approval or a building permit or certificate
of occupancy is required, other than single-family residences or uses
accessory thereto.
D.
The expansion of change of any use in an existing
building other than an expansion of a one-family detached residence
or buildings accessory thereto. Exception to this shall include any
proposed change of use within the C-1 or C-2 Districts in which the
proposed change represents a change from permitted use to permitted
use. When, in the opinion of the Building Inspector, the proposed
change does not require any changes to the building exterior, increase
in required parking, or any other condition for which a formal review
by the Planning Board is warranted, the change of use may be approved
by the Building Inspector.
[Amended 12-6-2010 by L.L. No. 12-2010]
E.
Any change made to a site that is not in accordance
with the approved site plan, including but not limited to the placing
of signs or obstructions or by other means that alters pedestrian
or vehicular flow of traffic to, from or within the site, excluding
single-family residences or uses accessory therein.
[Added 2-6-1985 by L.L. No. 1-1985]
F.
The creation of a professional office or studio in
a residential district.
[Added 2-26-1996 by L.L. No. 1-1996]
[Amended 9-5-1973; 2-26-1996 by L.L. No. 1-1996;5-8-2000 by L.L. No. 7-2000; 1-22-2001 by L.L. No.
4-2001; 9-22-2003 by L.L. No. 10-2003; 6-26-2006 by L.L. No. 3-2006; 12-6-2010 by L.L. No. 11-2010; 8-5-2013 by L.L. No. 10-2013; 10-7-2013 by L.L. No. 10-2014; 11-4-2019 by L.L. No.
15-2019]
In a Single-Family R-A District and in a Single-Family R-A1
District, no building or premises shall be used or maintained and
no building or premises or part thereof shall be erected or altered
or maintained which is arranged, used, intended or designed to be
used, in whole or in part, for any uses except the following:
A.
Permitted uses.
(1)
One-family detached dwellings, not to exceed one dwelling
on each lot.
(2)
Churches, including convents and parish houses, and
other places of worship. A parsonage and rectory shall conform to
the requirements for a one-family dwelling. Special conditions:
(3)
Schools, both public and private. Special conditions:
(b)
Any such school shall be nonprofit organization
within the meaning of the Internal Revenue Act and shall be registered
effectively as such thereunder.
(4)
Village parks, playgrounds and related recreational
facilities and buildings.
B.
Conditional uses permitted upon approval by the Planning Board in accordance with Article XII hereof. The following conditional uses may be permitted, subject to the approval of the Planning Board in accordance with § 250-51 hereof. These uses are subject to the regulations specified below and elsewhere in this chapter, including site plan approval as specified in § 250-52 hereof.
(1)
Private country clubs, golf courses. Special conditions are as follows:
(a)
The country club or golf course shall be located on a parcel
of not less than 50 acres.
(b)
There shall be no more than two permanent single-family dwellings
on the club site.
(c)
All buildings shall be set back at least 200 feet from all property
lines and shall not cover more than 10% of the site.
(d)
All athletic or recreational facilities shall be located at
least 50 feet from all property lines.
(2)
Public facility and utility installations, such as a firehouse or pumping station, needed to serve the general neighborhood, subject to a determination by the Planning Board that no other reasonable location in a less restricted district can be used for the purpose contemplated, and subject further to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining properties and of the character of the district and in accordance with § 250-52 of this chapter. Such use shall occupy not more than 25% of the lot and shall not be within 50 feet of any property line or street line.
(3)
Professional office or studio of an accountant, architect, artist,
chiropractor, city planner, dentist, insurance broker, real estate
broker, engineer, surveyor, lawyer, musician, teacher and physician
(or similar professional person) or any other professional as defined
in the Education Law of the State of New York, provided that:
(a)
Such office or studio is located within the principal building
and is incidental to the residential use of the premises and is carried
on by a resident and owner thereof with not more than two nonresident
assistants.
(b)
Such office or studio shall occupy not more than 30% of the
area of the ground floor of the principal building.
(c)
Studios where dancing or music instruction is offered to groups
in excess of four pupils at one time or where concerts or recitals
are held are prohibited.
(d)
Equipment capable of causing interference with radio or television
reception in the neighborhood shall be prohibited unless also equipped
with means to prevent such interference.
(e)
A minimum of five off-street parking places shall be provided.
(f)
Other than the two nonresident assistants provided in Subsection B(3)(a) above, such use shall be limited to one professional resident of the principal building.
(g)
Lot area shall not be less than 15,000 square feet.
(h)
Site plan review and approval, as required by § 250-10, shall take into account no less than screening of the parking and other site characteristics of the professional and studio use from surrounding and neighboring properties; eliminating glare of lights from shining onto surrounding and neighboring properties; providing adequate side and rear yard setbacks to protect surrounding and neighboring properties; no parking shall be permitted in front yards.
(i)
It shall be unlawful for a practitioner of any of the professions
set forth above to maintain office hours or to treat patients or service
clients in an office located in such residential district between
the hours of 9:00 p.m. and 9:00 a.m., except for emergencies. "Emergencies"
are hereby defined as urgent treatment requiring the immediate attention
of the professional with respect to a problem or condition not immediately
foreseen and which treatment cannot be held in abeyance for authorized
office hours without endangering the life of the patient.
C.
Permitted accessory uses limited to the following:
(1)
Customary home occupations, provided that:
(a)
No display of goods is visible from the street.
(b)
Such occupation is incidental to the residential use of the
premises and is carried on in the principal building by a resident
therein with no assistants except those who are members of the immediate
family and who reside on the premises.
(c)
Such occupation is carried on in an area not exceeding 30% of
the area of the ground floor of the principal building.
(d)
At no time shall any premises be used in such a manner as to
cause the emanation therefrom of offensive or noxious odors, vapors,
fumes, glare, dust, smoke, gas, vibration, noise or radiation or be
used in such a manner as to cause injury, annoyance or disturbance
to any of the surrounding properties and to their owners and occupants.
(e)
At no time shall any premises be used as a rooming house or
a boarding house.
(3)
Wading pool, temporary or permanent swimming pool
incidental to the residential use of the premises and not operated
for gain, provided that the temporary or permanent swimming pools
with an area of 150 square feet or more and a depth in excess of 18
inches shall be subject to the following requirements:
[Amended 11-1-2021 by L.L. No. 11-2021]
(a)
No part of such pool shall be nearer than 20 feet to any property lines and in no case within the required front or side yards. In the case of corner lots, no part of such pool may be within the required front yard (as defined in § 250-9 of this chapter) but must be located in either the rear or side yards which, for purposes of this section only, shall be interchangeable as determined on a case-by-case basis by, and subject to the approval of the Building Inspector of the Incorporated Village of Port Jefferson.
(b)
Fencing.
[1]
Prior to the placing of any water in excess
of 18 inches in depth into such pool, an adequate permanent fence
shall be erected and maintained to prevent accidental entry, etc.
[2]
Such fence shall be no less than five feet nor
more than 6 1/2 feet in height.
[3]
The type of fence shall be approved by the Building
Inspector, who, in evaluating a request for approval, shall give due
consideration to the structural adequacy and durability of the proposed
fence to ensure the safety and welfare of the general public and to
the terrain and character of the district with a view to conserving
the value of buildings and land and encouraging the most appropriate
use of land in the Village. In the event of any question as to adequacy,
the matter shall be submitted to the Board of Appeals for determination.
[4]
The enclosing fence shall have not more than
two openings for ingress and egress. Said openings shall have a self-closing
gate or door with an adequate lock which can be opened from outside
the pool enclosure only by means of a key or combination. The gate,
door and lock shall at all times be maintained in proper working order
to ensure that such gate or door shall be kept closed and locked at
all times when the owner or occupant is not present at the swimming
pool.
(d)
In the event that an owner shall abandon a permanent
outdoor swimming pool, he shall forthwith fill all voids and depressions
and restore the premises to a safe and satisfactory condition. The
Building Inspector shall be notified of the abandonment so that an
inspection of the site may be made and the records of the permit be
marked accordingly.
(e)
Building permits for permanent swimming pools
shall be issued by the Building Inspector. The plans and specifications
shall also contain a certification by a professional engineer that
the drainage of such swimming pool is adequate and will not interfere
with the public or private water supply systems or with existing disposal
facilities.
(f)
No overhead current carrying electrical conductors
shall cross an outdoor swimming pool, and no underground conduits,
other than approved equipment accessory to the pool, shall be within
15 feet of such pool.
(4)
Private garage or carport for the parking of passenger
automobiles of residents on the premises, including the leasing to
a nonresident of the premises of space for not more than one such
automobile; open off-street parking areas for residents and their
guests.
(6)
The keeping of a reasonable number of customary household
pets, but excluding the commercial breeding or keeping of the same.
(8)
Hot tub.
(a)
Every hot tub shall conform to the provisions set forth for swimming and wading pools as contained in § 250-11C(3) above.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered, provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
[Amended 5-8-1974; 12-6-2010 by L.L. No. 11-2010; 11-4-2019 by L.L. No. 16-2019]
In a Single-Family R-B1 District, no building or premises shall
be used or maintained and no building or premises or part thereof
shall be erected or altered or maintained which is arranged, used,
intended or designed to be used, in whole or in part, for any uses
except the following:
C.
Permitted accessory uses. Any accessory use permitted and as regulated in Residence District R-A, § 250-11C.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 5-8-1974; 12-6-2010 by L.L. No. 11-2010; 11-4-2013 by L.L. No.
17-2014]
In a Single-Family R-B2 District, no building or premises shall
be used or maintained and no building or premises or part thereof
shall be erected or altered or maintained which is arranged, used,
intended or designed to be used, in whole or in part, for any uses
except the following:
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(2)
Nursery schools or day nurseries, provided that:
(a)
The building coverage shall not exceed 30%.
(b)
The lot shall contain at least 200 square feet
of outdoor play space per child. Such play space shall be adequately
fenced or screened.
(c)
No buildings or play facilities shall be within
50 feet of any property line or street line.
(d)
One off-street parking space shall be provided
for each teacher and employee.
C.
Permitted accessory uses. Any accessory use permitted and as regulated in Residence District R-A, § 250-11C.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered, provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
[1]
Editor's Note: See the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 5-8-1974; 12-6-2010 by L.L. No. 11-2010; 11-4-2019 by L.L. No. 18-2019]
In a One- and Two-Family Residence R-B3 District, no building
or premises shall be used or maintained and no building or premises
or part thereof shall be erected or altered or maintained which is
arranged, used, intended or designed to be used, in whole or in part,
for any uses except the following:
B.
Conditional uses. The following conditional uses may by permitted upon approval by the Planning Board in accordance with § 250-51 hereof, and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(2)
Museums and libraries, provided that:
(a)
The building coverage and the proximity of such
museums and libraries to any property or street line shall be those
permitted by the Planning Board at the time it authorizes conditional
uses and approves site development plans for said museums and libraries.
C.
Permitted accessory uses. Any accessory use permitted and as regulated in Residence District R-A, § 250-11C.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 12-6-2010 by L.L. No. 11-2010; 11-4-2019 by L.L. No. 19-2019]
In a Moderate-Density Residence R-M District, no building or
premises shall be used or maintained and no building or premises or
part thereof shall be erected or altered or maintained which is arranged,
used, intended or designed to be used, in whole or in part, for any
uses except the following:
A.
Permitted uses.
(2)
Multiple dwellings, subject to the provisions of Article VIII and § 250-52 and the following conditions:
(a)
Size of building. The size of any building hereafter
erected shall be so limited that the maximum possible straight line
horizontal measurement or dimension in any direction, from any part
of the structure to any other part of the structure, shall not exceed
160 feet.
(c)
Courts.
[1]
Inner courts. An inner court is permitted if
the minimum dimension of such court is equal to not less than 60 feet.
The height of walls surrounding an inner court shall be measured from
finished grade at the base thereto to the top of such wall, except
that in the case of roofs with a slope exceeding five inches vertical
to 12 inches horizontal, the height shall be measured to the mean
point between the top of said wall and the highest point of the roof.
[2]
Outer courts. The minimum width of an outer
court shall be 20 feet and the depth thereof shall not exceed its
width.
(d)
Off-street parking requirements. All uses shall provide space for the parking of passenger automobiles in accordance with the requirements of the R-A Residence District, except that for each physician or dentist, there shall be provided one parking space for each 100 square feet of office area. Parking areas shall be suitably landscaped and maintained in accordance with § 250-27. No parking space shall be located in any front yard nor within 10 feet of any side or rear lot line. The parking of motor vehicles within 15 feet of any wall or portion thereof of a four-or-more-family dwelling, which wall contains legal windows other than a legal bathroom or kitchen window, with a sill height of less than eight feet above the level of said parking space, is prohibited. Additional parking areas shall be required for guest parking.
(e)
Swimming pools. Any swimming pools provided on the lot shall conform to the provisions set forth in § 250-11C(3) hereof.
B.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 5-11-1977 by L.L. No. 4-1977; 10-22-1980 by L.L. No. 13-1980; 2-7-1994 by L.L. No. 1-1994; 10-3-1994 by L.L. No. 4-1994; 8-13-2001 by L.L. No. 11-2001; 2-3-2003 by L.L. No. 4-2003; 12-6-2010 by L.L. No. 11-2010;2-25-2013 by L.L. No.
2-2013; 10-7-2013 by L.L. No. 10-2014; 11-4-2019 by L.L. No. 20-2019]
In a Residence-Office R-O District, no building or premises
shall be used or maintained and no building or premises or part thereof
shall be erected or altered or maintained which is arranged, used,
intended or designed to be used, in whole or in part, for any use
except the following:
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52:
(1)
Two-family residences, provided that:
(a)
Off-street parking for a minimum of four vehicles
shall be provided but not in the front yard.
(b)
No construction shall be undertaken which would
result in a change to the exterior of the building so as to detract
from the architectural style/pattern and character of the neighborhood.
(c)
No construction shall be undertaken which would
result in an increase in the degree of noncompliance with existing
bulk regulations for two-family residences in the R-O District.
(e)
One two-family detached dwelling is permitted
on each lot.
(2)
Mixed uses (residence and office/studio): a building within which
is located a single-family residence and one non-medical professional
office or one studio, provided that:
(a)
Off-street parking for a minimum of five vehicles shall be provided,
but not in the front yard.
(b)
No construction shall be undertaken which would result in a
change to the exterior of the building so as to detract from the architectural
style/pattern and character of the neighborhood.
(c)
No construction shall be undertaken which would result in an
increase in the degree of noncompliance with existing bulk regulations
for single-family residences in the R-O District.
(e)
Studios where art, dancing or music instruction is offered to
groups in excess of four pupils at one time or where expositions,
recitals or concerts, and the like, are held, are prohibited.
(f)
Equipment capable of causing interference with radio, telephone
or television reception in the neighborhood shall be prohibited unless
equipped with means to prevent such interference.
(g)
No more than one mixed-use detached building is permitted on
each lot.
(h)
The use complies with the Bulk Regulations for Nonresidential
Structures.[2]
[2]
Editor's Note: Said table is included as an attachment to this chapter.
C.
Accessory uses.
(1)
Active and passive accessory uses as defined by § 250-9 and regulated in § 250-28 of the Code, children's swing sets, wading pools, private garages or carports for the parking of passenger automobiles for use by residents on the premises and household pets (commercial keeping or breeding excluded).
[Amended 11-1-2021 by L.L. No. 12-2021]
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered, provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
E.
Nonconforming uses in the R-O Zone.
(1)
Notwithstanding the provisions of § 250-41 of this chapter, in a Residence-Office R-O District, a nonconforming use may be continued indefinitely, provided that such continuance is in accordance with the provisions of §§ 250-38 and 250-39 of this chapter, and provided further that the existence of the nonconforming use has at all times been continued pursuant to the terms of § 250-41 of this chapter.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 10-22-1980 by L.L. No. 13-1980; 10-3-2016 by L.L. No.
8-2016; 11-4-2019 by L.L. No. 21-2019]
In a Professional Office P-O District, no building or premises
shall be used or maintained and no building or premises or part thereof
shall be erected or altered or maintained which is arranged, used,
intended or designed to be used, in whole or in part, for any uses
except the following:
A.
Permitted uses.
(2)
Hospitals, sanatoriums, resident nurses' homes, nursing homes and
adult homes not used as correctional or penal institutions or institutions
for the insane, subject to the following provisions:
(a)
The minimum lot area shall be 100,000 square feet, and the minimum
frontage shall be 250 feet.
(b)
The coverage shall not exceed 20%.
(c)
No part of any building shall be within 50 feet of any property
line or sheet line.
(d)
The height of hospitals shall not exceed six stories; the height
of sanatoriums, resident nurses' homes, nursing homes and adult homes
shall not exceed three stories.
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(2)
Office buildings for business and professional use, including administrative,
medical, scientific research and development, statistical, financial
and similar purposes in connection with such uses.
(3)
(4)
Philanthropic and eleemosynary institutions, subject to the same conditions as Subsection B(3) above.
(5)
Commercial research and medical laboratories engaged exclusively
in the pursuit of biological or technological research or the development
of manufactured, processed or compounded products, including, but
not limited to, engineering research in food and consumer products,
consumer research and development operation in chemical processing
of biological or food or other consumer products, subject to the following
regulations:
(a)
Such commercial research laboratory may contain only such facilities
and equipment as may reasonably be required by such laboratory for
research in and development of the processes or products directly
related to the business of the owner thereof.
(b)
Such commercial research laboratory may contain what are customarily
known as pilot experimental facilities for processing or assembling
units of products resulting from research and experimental work on
the premises of such laboratory or the assembly of other related units
involving only light, small or microscopic parts, the assembly of
which requires the supervision and the specific skills of the technical
staff of such laboratory, provided that:
[1]
Such assembled experimental units may consist only of small
test or trial packages of products developed by such laboratory for
testing preservative qualities or consumer acceptability, whether
by gift or sale, but assembling of any trial packages shall be limited
to and confined exclusively to testing preservative qualities and
consumer acceptability.
[2]
Such assembled experimental units may also consist of small
portable test or prototype instruments of scientific, optical, medical,
photographic, electronic or similar type and nature not exceeding
30 inches in any dimension.
[3]
Said assembling facilities may contain a total floor area of
not greater than 10% of the total area of the building.
[4]
There shall be no commercial manufacture on the premises, except
with respect to limited quantities of test or trial products as above
provided or such models or prototypes as may be created and used in
the pursuit of the research, experimentation and development conducted
in such laboratory.
C.
Special requirements.
(1)
Public utility buildings or structures and governmentally owned and
operated buildings with ground coverage by buildings or structures
of 1,000 square feet or less may be located on lots of less than three
acres, provided that no such building or structure shall be located
closer to any lot line than a distance equal to the height of such
building or structure and in no event less than 15 feet therefrom.
(2)
(Reserved)
(3)
No accessory off-street parking and truck loading or maneuvering
area shall be located:
(a)
Less than 100 feet from the boundary of a residence district
or less than 50 feet from the boundary of any commercial district.
(b)
Less than 50 feet from the boundary of any abutting lot within
the R-A District.
(c)
No truck-loading facilities of any type, including platforms,
shall be permitted along any wall of any building where such wall
faces a highway or street.
(d)
No parking facilities shall be located within 10 feet of the
wall of any building where such wall faces any street or highway.
(4)
Landscaping.
(a)
When used for office purpose, the entire lot, except for areas
covered by buildings or surfaced as parking or service areas, shall
be suitably landscaped. All landscaping shall be properly maintained
throughout the life of any use of said lot. Existing retaining walls,
trees or landscaping located within 20 feet of any street or lot line
shall not be removed except upon written approval by the Planning
Board, nor shall the existing grade within that space be disturbed
without such approval.
(b)
Under the conditions listed below, there shall be planted along
the lot lines of the subject lot trees or shrubs of such type and
spacing as shall be required by the Planning Board to adequately screen
all operations on the lot from the view of adjoining properties. Generally,
such screening shall not be less than four feet where:
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
E.
Accessory uses.
(1)
Any accessory use permitted in and as regulated in the R-A District.
(2)
Private garages for the storage only of vehicles owned by the proprietor
of the principal use and employees thereof and visitors thereto.
(3)
Parking lots for executives, employees and visitors.
(4)
Restaurants or cafeterias for supplying meals only to employees and
guests of the principal use.
(5)
Signs, subject to § 250-31 and the following conditions:
(a)
When the building is set back 25 feet or more from the street
line, one freestanding sign or directory may be erected on each street
on which the property is located. Such sign may have a total area
of 1/2 the frontage of the lot but in no case greater than 16 square
feet.
(b)
Necessary direction signs may be installed, none of which shall
exceed five square feet in area.
(c)
The smallest measurement of said sign or directory shall not
be less than 2/3 of the other measurement and may be indirectly illuminated.
(d)
Such sign or directory shall not be erected nearer than six
feet to any building nor encroach on any required side yard and shall
be set back not less than five feet from all street and property lines.
(e)
The lower edge of said sign or directory shall not be less than
two feet above the ground, and the upper edge shall not extend more
than eight feet above the ground.
F.
All permitted and conditional uses described in Subsections A and B of this section require as a condition of approval the following off-street parking spaces:
(1)
Permitted uses.
(a)
As in R-A:
[1]
Churches, convents, parish houses and other places of worship, as per § 250-27D: one per 200 square feet of floor area, but not less than one space for each five seats where provided.
(2)
Conditional uses.
(a)
As in R-A:
[1]
Country clubs and golf courses, as per § 250-27D: one per two members or two accommodations (such as lockers), whichever is greater.
[2]
Firehouse, as per § 250-27D: one per 200 square feet of floor area, but not less than one space for each five seats where provided.
[3]
Pumping station: one per employee.
(b)
As in R-B2:
[1]
Nursery schools, as per § 250-13B(2)(d): one off-street space for each employee.
(d)
(e)
Convalescent and nursing homes, as per § 250-27D (hospitals, etc.): one per 400 square feet of floor area.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 3-10-1971; 9-22-1976 by L.L. No. 8-1976; 2-7-1979 by L.L. No. 1-1979; 2-27-1980 by L.L. No.
2-1980; 5-7-1980 by L.L. No. 4-1980; 7-22-1981 by L.L. No. 4-1981; 5-5-1982 by L.L. No. 2-1982; 9-26-1984 by L.L. No. 6-1984; 3-12-1986 by L.L. No. 2-1986; 6-26-1992 by L.L. No. 5-1992; 8-16-1993 by L.L. No. 2-1993; 2-26-1996 by L.L. No. 2-1996; 7-26-1999 by L.L. No. 3-1999; 6-26-2000 by L.L. No. 10-2000; 2-3-2003 by L.L. No. 4-2003; 4-23-2007 by L.L. No. 1-2007; 3-3-2008 by L.L. No. 4-2008; 12-6-2010 by L.L. No.
11-2010; 10-7-2013 by L.L. No. 10-2014; 7-7-2014 by L.L. No. 15-2014; 1-5-2015 by L.L. No. 1-2015; 5-7-2018 by L.L. No. 1-2018; 9-17-2018 by L.L. No. 2-2018; 11-4-2019 by L.L. No.
22-2019]
In a Central Commercial C-1 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except as listed below, and all such uses will be subject to site plan approval in accordance with § 250-52 hereof.
A.
Permitted uses.
(1)
Banks, retail stores and accessory services, provided that the space
so used is fully concealed and equal in area to no more than 30% of
the square footage devoted to retail sales.
(2)
Personal service stores, such as but not limited to barbershops,
beauty parlors and tailors. Personal service stores shall not be deemed
to include tattoo parlors and massage parlors or enterprises similar
thereto.
(3)
Business, professional and governmental offices and governmental
functions and municipal purposes of a municipal corporation.
(4)
Churches and other religious institutions.
(5)
Off-street parking lots and parking garages. Such garages and parking
lots, unless accessory to and on the same lot with a use otherwise
permitted, shall be limited to use by passenger automobiles or commercial
vehicles of not more than one-half-ton capacity.
(6)
Dry-cleaning establishments not exceeding 3,500 square feet gross.
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(1)
Theaters.
(2)
Franchised automotive and boat dealers, including the sale and servicing
of new and used cars and boats, parts or supplies, accessory open-lot
sales and the storage thereof.
(3)
Laundromats and self-service dry cleaning.
(4)
Hotels and motels.
(5)
Utility structures.
(6)
Newspaper printing, including incidental job printing.
(7)
Artisan manufacturing.
(a)
No patron seating permitted.
(b)
No consumption on premises permitted.
(c)
The use shall occupy an interior gross square footage of no
more than 2,000 square feet.
(d)
No outside storage permitted.
(e)
Where the site abuts/adjoins a residential district, the building
shall not have any service door openings or loading docks facing said
district.
(f)
Such a use shall produce little to no environmental pollutants,
such as, vibration, noise, fumes, radiation, glare, or heat that interfere
with the enjoyment or use of property.
(g)
Such a use shall include a retail component where goods so produced
are sold on premises.
(8)
Restaurant, standard.
(a)
No standard restaurant shall be permitted fronting on or accessed
from East Main Street, abutting the residential zone. This prohibits
restaurant, standard uses fronting on or accessed from East Main Street
for all properties between and including Tax Map Number 12-3-12 and
8-3-1.3.
(b)
No restaurant shall occupy an interior space of less than 1,200
square feet.
(c)
Seating shall be based on existent fire and health codes and established parking requirements outlined in § 250-27D.
(d)
Refer to parking regulations based on square footage.
(9)
Restaurant, take-out, provided that:
(a)
No take-out restaurant establishment shall be permitted fronting
on or accessed from East Main Street, abutting the residential zone.
This prohibits takeout restaurant uses fronting on or accessed from
East Main Street for all properties between and including Tax Map
Number 12-3-12 and 8-3-1.3.
(b)
No take-out restaurant establishment conducts its business outside
of a building or at a walkup or drive-up window or door.
(c)
No take-out restaurant establishment occupies an interior space
of less than 800 square feet.
(d)
Seating shall be based on existent fire and health codes and
shall not exceed seating for 16 customers.
(e)
All take-out restaurant establishments existing as of the date
of enactment of this amendment shall be considered conforming uses.
Should any particular take-out restaurant establishment use not open
for business for a period of six months or more for any reason, its
reestablishment shall require a reapplication in accordance with the
requirements set forth herein.
(f)
Any presently existing take-out restaurant establishment which
does not conform to the requirements of this chapter may continue
to operate notwithstanding the requirements of this chapter; however,
upon any change in the character of the existing take-out restaurant
establishment, other than ownership, all requirements of this chapter
must be met by the establishment. The character of the establishment
shall be deemed to include but not be limited to change in size of
store area and type of product sold, e.g., change from the sale of
donuts to pizza.
(g)
No take-out restaurant establishment may sell alcoholic beverages
for consumption on premises or permit consumption of alcoholic beverages
on premises.
(10)
Pet shops and/or animal care facilities, new or expansion of
existing. Conditions for approval shall include but not be limited
to:
(a)
Acceptable credentials of the applicant.
(b)
Proper ventilation of the facility.
(c)
Proper fire alarm and protection systems.
(d)
Adequate sanitary facilities for animals.
(e)
Acceptable floor plan for placement of cages.
(f)
Adequate cages for animals, including feeders, waters, perches,
etc.
(g)
Feeding, watering, cleaning (daily schedule).
(h)
Adequate heat.
(i)
Any other conditions that will add to the safety, health and
well-being of the animals.
(j)
Incorporate by reference New York State General Business Law
Article 35-B, Sale of Dogs and Cats.
(k)
Noise abatement.
(l)
Each cat or dog on the premises is presumed to be offered for sale by the owner of the pet shop and is required to have a certificate of health, issued within the previous 30 days and signed by a certified veterinarian. Such certificate(s) shall be available for inspection by any person(s) authorized by the Board of Trustees to make such inspection. Failure to produce such certificate will subject the owner/operator to penalties in § 250-47A to E herein.
(12)
Bar, tavern or nightclub as defined in § 250-9 of this chapter, provided that:
(a)
Any bar, tavern or nightclub existing as of the date of enactment
of this amendment shall be considered conforming uses. Should any
particular bar, tavern or nightclub use not open for business for
a period of six months or more for any reason, its reestablishment
shall require a reapplication in accordance with the requirements
set forth herein.
(b)
No bar, tavern or nightclub is located within 250 feet of another
bar, tavern or nightclub as measured from the property lines.
(c)
No bar, tavern or nightclub is located within 500 feet of any
residential district measured from the property line of the involved
parcel to the zoning district boundary line.
(d)
No bar, tavern or nightclub is located within 250 feet of any
church, school, playground, park, hospital, nursing or proprietary
rest home.
(e)
No bar, tavern or nightclub occupies an interior space of less
than 1,200 square feet.
(f)
Occupancy shall be based on existent fire and health codes and
parking limitations.
(13)
Brewery, cidery, distillery, or winery.
(a)
Where the site abuts/adjoins a residential district, the building
shall not have any service door openings or loading docks facing said
district.
(b)
No outside storage permitted.
(c)
Such a use shall produce little to no environmental pollutants,
such as vibration, noise, fumes, or heat that interfere with the enjoyment
or use of property.
(d)
Such a use shall include a retail component where goods so produced
are sold on premises.
(e)
No brewery, cidery, distillery or winery shall be permitted
fronting on or accessed from East Main Street, abutting the residential
zone. This prohibits such uses fronting on or accessed from East Main
Street for all properties between and including Tax Map Number 12-3-12
and 8-3-1.3.
(f)
All waste by-products generated during the brewing, distilling,
cider or wine-making processes may not be stored or disposed of on
site. All by-products, including but not limited to spent grain, hops,
and pomace must be contained and disposed of offsite within 24 hours
of generation.
(g)
A waste management plan, which accounts for the full stream
of waste products generated from the manufacturing process, must be
approved by the Planning Board.
C.
Accessory uses. Customary accessory uses, including off-street parking and loading facilities subject to § 250-27, and signs subject to § 250-31.
(1)
Manual or automatic operation of electronic, mechanical or computerized amusement devices by coins or tokens or for a fee of any nature shall be deemed an accessory use only. The number of such units shall be limited to two on/in any one premises and shall be subject to the licensing requirement of Chapter 85, Amusements and Entertainments, Article II, of the Village Code.
E.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered, provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
F.
Mixed occupancies and freestanding apartments.
[Amended 4-6-2020 by L.L. No. 8-2020]
(1)
The purpose of this subsection is to see to the upgrading through
improvements, repairs and maintenance of buildings existing, as of
the date of the adoption of this chapter, within the districts which
are presently nonconforming as containing apartments in mixed occupancies
and those existing buildings which at this time do not contain apartments.
(2)
Those commercial buildings within the district wherein there are
now or were, at the time of adoption of the original Zoning Ordinances
of the Incorporated Village of Port Jefferson, apartments, which apartments
shall no longer be termed nonconforming, but shall be considered a
conditional use subject to Planning Board approval.
(3)
All existing nonconforming apartments included in Subsection F(2) above shall file, within six months of the adoption of this chapter, for a conditional use hearing under § 250-51.1 of this chapter. The purpose of said hearing is to ensure compliance with Chapter 161, Housing, of the Village Code, and to eliminate as nonconforming all apartments in the district above the first grade level, first grade level being the highest grade at any point on the periphery of the building.
(4)
Any proposed new apartment shall be subject to a conditional use/site
plan application before the Planning Board and shall satisfy the following
conditions:
(a)
Parking for residences will be in an adjacent separate lot or
in a reserved section of the parking area on-site; this reserved section
must be adequately marked, landscaped and otherwise demarcated from
commercial parking.
(b)
Any required parking shall be provided at no cost to residents
of the new apartment.
(c)
Proposed freestanding apartment buildings must also comply with
the following:
[1]
A lot on which any proposed freestanding apartment(s) is to
be constructed shall have a minimum of 40,000 square feet.
[2]
Shall be constructed only on that portion of the district which
does not front on Main Street or East Main Street.
[3]
Provide a minimum of a twenty-foot front yard landscaped buffer.
(d)
"New apartments" in this subsection shall not include renovated
or converted space in an existing building where the proposed renovation
or conversion does not increase the total square footage of the building.
(5)
Any proposed new apartments shall comply with the codes of the Incorporated
Village of Port Jefferson as it applies to the Housing and Rehabilitation
Code, Fire Code and Building Codes.
G.
All new retail use premises shall have a minimum of 800 square feet.
Any proposed divisioning or partitioning to create an additional retail
accessory use shall also have a minimum of 800 square feet for each
premises.
H.
Formula fast food establishments are prohibited in the Central Commercial
C-1 District.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 2-7-1979 by L.L.
No. 1-1979; 3-10-1971 by L.L. No. 5-1979; 7-22-1981 by L.L. No. 4-1981; 9-26-1984 by L.L. No. 6-1984; 4-8-1987 by L.L. No. 4-1987; 4-11-1988 by L.L. No. 3-1988; 6-26-1992 by L.L. No. 5-1992; 6-26-2000 by L.L. No. 10-2000; 3-3-2008 by L.L. No. 4-2008; 12-6-2010 by L.L. No. 11-2010; 1-24-2011 by L.L. No.
2-2011; 1-5-2015 by L.L. No. 1-2015; 10-3-2016 by L.L. No. 8-2016; 2-4-2019 by L.L. No. 3-2019; 11-4-2019 by L.L. No. 23-2019]
In a General Commercial C-2 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected, altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except those listed below, and all such uses shall be subject to site plan approval in accordance with § 250-52 hereof.
A.
Permitted uses.
(1)
Banks, retail stores and accessory services, provided that the space
so used is fully concealed and equal in area to no more than 30% of
the square footage devoted to retail sales.
(2)
Personal service stores, such as but not limited to barbershops,
beauty parlors and tailors. Personal service stores shall not be deemed
to include tattoo parlors and massage parlors or enterprises similar
thereto.
(3)
Governmental offices and governmental functions and municipal purposes of a municipal corporation. Business and professional offices, shall only be permitted as part of a mixed-use development under Subsection A(4) or as a conditional use if the structure does not have frontage on Main Street.
(4)
Churches and other religious institutions.
(5)
Dry-cleaning establishments not exceeding 3,500 square feet gross.
(6)
Theaters.
(7)
Laundromats and self-service dry cleaning.
(8)
Hotels and motels.
(9)
Artisan, manufacturing.
(a)
No patron seating permitted.
(b)
No consumption on premises permitted.
(c)
The use shall occupy an interior gross square footage of no
more than 2,000 square feet.
(d)
No outside storage permitted.
(e)
Where the site abuts/adjoins a residential district, the building
shall not have any service door openings or loading docks facing said
district.
(f)
Such a use shall produce little to no environmental pollutants,
such as, vibration, noise, fumes, radiation, glare, or heat that interfere
with the enjoyment or use of property.
(g)
Such a use shall include a retail component where goods so produced
are sold on premises.
(11)
Printing.
(12)
Service industry establishments, such as but not limited to
plumbers, electricians and building contractors.
(13)
Mixed-use developments with a permitted use on the ground floor
and a dwelling unit or a multiple dwelling on the above floor(s).
(14)
Day-care centers and preschools.
(15)
Artist live/work space, which shall mean any building or any
portion thereof containing at least 750 square feet that is used by
the occupant(s) therein for both residential use and for the creation,
production, rehearsal or teaching of any visual art or craft, including
but not limited to painting, drawing, graphic design, photography,
video, film, sculpture, and pottery; or written works of fiction or
nonfiction; or of any performing art, whether for live or recorded
performance, including music, dance, and theater, and accessory sales
of such art.
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(1)
Pet shops and/or animal care facilities, new or expansion of existing.
Conditions for approval shall include but not be limited to:
(a)
Acceptable credentials of the applicant.
(b)
Proper ventilation of the facility.
(c)
Proper fire alarm and protection systems.
(d)
Adequate sanitary facilities for animals.
(e)
Acceptable floor plan for placement of cages.
(f)
Adequate cages for animals, including feeders, waters, perches,
etc.
(g)
Feeding, watering, cleaning (daily schedule).
(h)
Adequate heat.
(i)
Any other conditions that will add to the safety, health and
well-being of the animals.
(j)
Incorporate by reference New York State General Business Law
Article 35-B, Sale of Dogs and Cats.
(k)
Noise abatement.
(l)
Each cat or dog on the premises is presumed to be offered for sale by the owner of the pet shop and is required to have a certificate of health, issued within the previous 30 days and signed by a certified veterinarian. Such certificate(s) shall be available for inspection by any person(s) authorized by the Board of Trustees to make such inspection. Failure to produce such certificate will subject the owner/operator to penalties in § 250-47A to E herein.
(2)
Off-street parking lots and parking garages. Such garages and parking
lots, unless accessory to and on the same lot with a use otherwise
permitted, shall be limited to use by passenger automobiles or commercial
vehicles of not more than one-half-ton capacity.
(4)
Restaurant, take-out, provided that:
(a)
No take-out restaurant establishment conducts its business outside
of a building or at a walkup or drive-up window or door.
(b)
No take-out restaurant establishment occupies an interior space
of less than 800 square feet.
(c)
Seating shall be based on existent fire and health codes and
shall not exceed seating for 16 customers.
(d)
All take-out restaurant establishments existing as of the date
of enactment of this amendment shall be considered conforming uses.
Should any particular take-out restaurant establishment use not open
for business for a period of six months or more for any reason, its
reestablishment shall require a reapplication in accordance with the
requirements set forth herein.
(e)
Any presently existing take-out restaurant establishment which
does not conform to the requirements of this chapter may continue
to operate notwithstanding the requirements of this chapter; however,
upon any change in the character of the existing take-out restaurant
establishment, other than ownership, all requirements of this chapter
must be met by the establishment. The character of the establishment
shall be deemed to include but not be limited to change in size of
store area and type of product sold, e.g., change from the sale of
donuts to pizza.
(f)
No take-out restaurant establishment may sell alcoholic beverages
for consumption on premises or permit consumption of alcoholic beverages
on premises.
(5)
Bar, tavern or nightclub as defined in § 250-9 of this chapter, provided that:
(a)
Any bar, tavern or nightclub existing as of the date of enactment
of this amendment shall be considered conforming uses. Should any
particular bar, tavern or nightclub use not open for business for
a period of six months or more for any reason, its reestablishment
shall require a reapplication in accordance with the requirements
set forth herein.
(b)
No bar, tavern or nightclub is located within 250 feet of another
bar, tavern or nightclub as measured from the property lines.
(c)
No bar, tavern or nightclub is located within 500 feet of any
residential district measured from the property line of the involved
parcel to the zoning district boundary line.
(d)
No bar, tavern or nightclub is located within 250 feet of any
church, school, playground, park, hospital, nursing or proprietary
rest home.
(e)
No bar, tavern or nightclub occupies an interior space of less
than 1,200 square feet.
(f)
Occupancy shall be based on existent fire and health codes and
parking limitations.
(6)
Brewery, cidery, distillery, or winery.
(a)
Where the site abuts/adjoins a residential district, the building
shall not have any service door openings or loading docks facing said
district.
(b)
No outside storage permitted.
(c)
Such a use shall produce little to no environmental pollutants,
such as vibration, noise, fumes, or heat that interfere with the enjoyment
or use of property.
(d)
Such a use shall include a retail component where goods so produced
are sold on premises.
(e)
All waste by-products generated during the brewing, distilling,
cider or wine-making processes may not be stored or disposed of on
site. All by-products, including but not limited to spent grain, hops,
and pomace must be contained and disposed of off site within 24 hours
of generation.
(f)
A waste management plan, which accounts for the full stream
of waste products generated from the manufacturing process, must be
approved by the Planning Board.
(7)
Multiple dwellings if, in the judgment of the Planning Board, the
ground floor allows future conversion to a retail use. No ground/first-floor
dwellings shall be permitted on Main Street nor on North Country Road.
Factors to be considered by the Planning Board include, but are not
limited to, the following:
C.
Prohibited uses.
(1)
The overnight boarding of animals.
(2)
Formula fast-food establishments are prohibited in the General Commercial
C-2 District.
(3)
Utility structures.
(4)
Franchised automotive and boat dealers, including the sale and servicing
of new and used cars and boats, parts or supplies, accessory open-lot
sales and the storage thereof.
D.
Accessory uses. Customary accessory uses, including off-street parking and loading facilities, and those uses as permitted and regulated in the Central Commercial C-1 District, § 250-18C.
(1)
Manual or automatic operation of electronic, mechanical or computerized amusement devices by coins or tokens or for fee of any nature is an accessory use only. The number of such units is limited to two on/in any one premises and is subject to the licensing requirement of Chapter 85, Amusements and Entertainment, Article II, of the Village Code.
E.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
F.
Additional regulations for buildings on Main Street. Any building
with an address on Main Street within the C-2 District shall comply
with the following requirements:
(1)
Facade modulation. Building facades visible from public streets shall
be stepped back or projected forward at intervals. When no modulation
is provided on front or side facades visible from public streets,
building width shall be limited to 40 feet.
(2)
Entries. Building entries facing Main Street shall be recessed at
least three feet from the street line.
(3)
Fenestration. At least 60% of the surface area of a building's groundfloor
facade shall be fenestrated. On any story above the groundfloor, at
least 30% of the surface area of the building's facade must be fenestrated.
G.
Additional regulations for lots within the C-2 District:
(1)
Any proposed development with a lot larger than 20,000 square feet
or 75 linear feet on Main Street frontage in the C-2 District may
add a fourth story or a floor that increases the total building height
to a maximum of 45 feet if there is a twelve-foot setback from the
street wall at the fourth story and if a major public amenity is provided.
Smaller lot developments may purchase this bonus for a price to be
set by resolution of the Board of Trustees and to be based on the
number of dwelling units on the fourth floor or story, or the square
feet of floor area on the fourth floor or story. Said fees shall be
deposited in a fund used to create municipal parking in or adjacent
to the district.
I.
All new retail use premises shall have a minimum of 800 square feet.
Any proposed subdivision to create a retail or accessory use shall
also have a minimum of 800 square feet for each premises.
J.
Overlay districts.
(1)
Purpose. In accordance with the recommendations set forth in the Village of Port Jefferson 2030 Comprehensive Plan Update, including Appendix Q, Upper Port Jefferson Revitalization Planning and Urban Design Study, the Board of Trustees hereby establishes two overlay districts within the C-2 Zoning District. The C-2R Residential Overlay District will permit and encourage mixed-use developments and medium-density residential neighborhoods outside of Main Street. The C-2PO Professional Office Overlay District along Oakland Avenue will tie the eastern side of the C-2 District to the hospitals and the office uses on the eastern side of Oakland Avenue. The boundaries of the C-2R and C-2PO Overlay Districts are set forth in the map included as an attachment to this chapter.
(2)
The regulations for the C-2R and C-2PO overlay districts are set forth in the Bulk and Parking Regulations for Structures in the C-2 Overlay Districts, included as an attachment to this chapter. These regulations shall supplement any corresponding requirement in this section or in the bulk and parking regulations for nonresidential structures. All other requirements for the General Commercial C-2 District shall remain applicable.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 1-2-1976 by L.L. No. 1-1976; 12-6-2010 by L.L. No.
11-2010; 11-4-2019 by L.L. No. 24-2019]
In a Waterfront - Public Utility W-P District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any use except those listed below, and all such uses shall be subject to site plan approval, in accordance with § 250-52 hereof.
B.
The following activities are specifically prohibited:
(1)
Abattoirs.
(2)
Acid manufacture.
(3)
Asphalt manufacture and refining.
(4)
Bay cleaning.
(5)
Burlap manufacture.
(6)
Candle and celluloid manufacture.
(7)
Cement, lime, gypsum and plaster manufacture, processing
and transport.
(8)
Chemical works and manufacture.
(9)
Coal-tar products manufacture and processing.
(10)
Crematory.
(11)
Creosote manufacture and processing.
(12)
Detergent and soap manufacture.
(13)
Disinfectant manufacture.
(14)
Distillation of bone, coal or wood.
(15)
Dyestuff manufacture.
(16)
Explosive manufacture, storage and transport
(17)
Garbage incinerator.
(18)
Extermination and insect poisons manufacture.
(19)
Fat rendering.
(20)
Fertilizer manufacture.
(21)
Glue, size or gelatin manufacture.
(22)
Junkyards.
(23)
Oil reduction.
(24)
Paint, oil, shellac, turpentine or varnish manufacture.
(25)
Fish smoking and curing.
(26)
Gas manufacture.
(27)
Petroleum refining.
(28)
Stockyards.
(29)
Stone crushers, screening plants and concrete-pavement
mixing plants.
(30)
Tar distillation or treatment.
(31)
Any other operation or activity not listed above
which is noxious or offensive by reason of emission of odor, dust,
vibration, noise, smoke, soot, gas, fumes, glare or radiation or which
presents a hazard to public health or safety is also prohibited.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
[1]
Editor's Note: See also the Bulk and parking Regulations included as an attachment to this chapter.
[Amended 10-9-1974 by L.L. No. 3-1974; 1-2-1976 by L.L. No. 1-1976; 3-22-1999 by L.L. No. 1-1999; 12-6-2010 by L.L. No. 11-2010; 10-7-2013 by L.L. No. 10-2014; 10-5-2015 by L.L. No. 5-2015; 6-6-2016 by L.L. No.
5-2016; 11-4-2019 by L.L. No. 25-2019]
In a Light Industrial I-2 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except those listed below, and all such uses shall be subject to site plan approval in accordance with § 250-52 hereof.
A.
Permitted uses.
(1)
Permitted uses shall be as follows:
(a)
Light manufacturing, assembling, converting, altering, finishing,
cleaning, packaging or other processing and incidental storage of
products and materials.
(b)
Transportation facilities for the loading and unloading of materials
by rail and motor vehicles.
(c)
Heavy commercial uses, including wholesaling and warehousing,
and building supply sales.
(d)
Research laboratories.
(e)
Utility and public transportation facilities.
(2)
All permitted uses require as a condition of approval one off-street
parking space per each 300 square feet of floor space.
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(1)
Commercial open-air parking lots which are open to the public for
parking purpose and for which a fee or charge may be collected.
C.
Prohibited uses. All specifically prohibited uses of the Waterfront — Public Utility W-P District itemized in § 250-20B and any trade, industry, process or use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in a manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates or which involves any dangerous fire, explosive, radioactive or other hazard or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare.
E.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal
construction shall be erected subsequent to the date of this provision.
Buildings constructed of unprotected metal existing as of the effective
date of this provision may be reconstructed, restored, and/or structurally
altered provided such buildings comply with all relevant requirements
of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted
in the district so long as the structure involved does not exceed
a size of six feet by eight feet or 48 square feet in the case of
a metal structure, or eight feet by 10 feet or 80 square feet in the
case of a wooden structure.
F.
Adult establishments, electronic cigarette retailers, hookah parlors,
hookah retailers, registered organizations and tattoo parlors.
(1)
Adult establishments, electronic cigarette retailers, hookah parlors,
hookah retailers, tattoo parlors, and registered organizations as
defined under Section 3364 of the New York Public Health Law shall
only be permitted within the boundaries of the Light Industrial I-2
District and only after the following requirements are met:
(a)
All lot lines must be 800 feet or more from any lot line of
property on which any of the following zones or uses has been established
by permit or otherwise recognized as a legally established zone or
use: community center; child-care center; school, elementary or secondary;
public park; churches, places of worship, parish houses, convents,
and accessory building of a religious nature.
(b)
Site improvements. In addition to the requirements for site
plan approval, as set forth in this chapter, the following site improvements
shall be set forth on a site plan submitted to the Board of Trustees
as part of the application for a special use permit, and such site
improvements shall at all times be maintained:
[1]
A brick, stone or architectural stone wall or split-cedar stockade-type
fence six feet in height shall be required along each property line,
together with such screening as may be deemed necessary by the Board
of Trustees.
[2]
The plot shall be provided with curbs, and there shall be no
more than one curb cut on any road frontage.
[3]
Planting strips containing evergreen shrubs or hedges shall
be installed on each lot line.
[4]
No flashing, intermittent or revolving signs or flags, pennants
and banners shall be permitted, and no sign shall be erected without
prior approval of the dimensions and lettering of said sign by the
Board of Trustees. No signs shall contain any material other than
block lettering, which shall have been so approved.
(2)
Application procedure. Development approval of any proposed adult
establishment, electronic cigarette retailer, hookah parlor, hookah
retailer, tattoo parlor, or registered organization (or the extension
or expansion thereof) shall first require a special use permit issued
by the Board of Trustees. After issuance of a special use permit,
approval by the Planning Board of a final detailed site development
plan, and a subdivision plat, if applicable, shall be required.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
[Amended 1-2-1976 by L.L. 1-1976; 12-7-1977 by L.L. No. 19-1977; 7-22-1981 by L.L. No.
4-1981; 2-8-1984 by L.L. No. 1-1984; 5-9-1984 by L.L. No.
4-1984; 12-15-1991 by L.L. No. 2-1991; 4-22-1996 by L.L. No.
6-1996; 3-22-1999 by L.L. No. 1-1999; 6-26-2000 by L.L. No.
10-2000; 11-1-2010 by L.L. No. 9-2010; 12-6-2010 by L.L. No.
11-2010; 12-21-2015 by L.L. No. 7-2015; 12-21-2015 by L.L. No. 8-2015; 8-7-2017 by L.L. No. 4-2017; 11-4-2019 by L.L. No. 26-2019]
In a Marina-Waterfront District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except as listed below, and all such uses shall be subject to site plan approval in accordance with §§ 250-51.1 and 250-52 hereof.
A.
Performance standards. All uses in the Marina-Waterfront Districts
shall meet the following performance standards:
(1)
The maximum height of any building shall be 30 feet. The height shall
be measured to the highest point of the structure, storage pile, etc.,
and shall include any structure elevation requirements established
by FEMA on the Floor Insurance Rate Map. The total height shall be
measured from that point on the site, adjacent to the road, that is
recorded as the lowest elevation point along the site/road boundary.
(2)
Use must not adversely affect any existing waterfront use which is
water-related or any potential water-related uses to be made of the
lot or of nearby waterfront uses or property.
(3)
Use must not usurp any land surface area needed for water-related
use and must, together with any other uses on the lot, accessory or
otherwise, be able to demonstrate an integrated and adequate motor
vehicle circulation plan accommodating all modes of vehicle transportation
as well as pedestrians and bicycles.
(4)
Use should have a maritime character or maritime-related theme.
(5)
The site shall be of appropriate size to accommodate the proposed use with safeguards set forth to accommodate adequate buffering and screening from sensitive uses such as residential dwellings in accordance with §§ 250-17C(4) and 250-27D(4). Furthermore, all provisions of state and local ordinances must be complied with.
(6)
Public access to the waterfront shall be encouraged and link to the
Village/Town continuous promenade where safety permits. The Planning
Board, during the approval process, shall encourage public access
easements to the waterfront where possible.
(7)
Buildings shall be arranged to minimize obstruction of the viewshed.
(8)
Buildings constructed of unprotected metal.
(a)
Within this district, no buildings constructed of unprotected
metal construction shall be erected subsequent to the date of this
provision. Buildings constructed of unprotected metal existing as
of the effective date of this provision may be reconstructed, restored,
and/or structurally altered, provided such buildings comply with all
relevant requirements of this chapter.
(b)
For the purpose of this section, a building constructed of unprotected
metal construction is one in which the exterior facing (exposed to
the weather) is unprotected metal. Metal shall be deemed to be unprotected
if not covered by shingle, stucco, siding, wood, brick, masonry and/or
other material determined to be acceptable for that building by the
Planning Board, Building Inspector and/or Architectural Review Committee.
Notwithstanding the foregoing, standing seam metal roofs shall not
come within the definition of unprotected metal construction.
(c)
This section shall not apply to accessory buildings or uses
permitted in the district, so long as the structure involved does
not exceed a size of six feet by eight feet or 48 square feet in the
case of a metal structure, or eight feet by 10 feet or 80 square feet
in the case of a wooden structure.
(9)
Restrictions. Premises shall be encumbered by appropriate operational
restrictions to adequately protect nearby residences (i.e., shielded
lighting, garbage pickup, outdoor speaker systems, building alarms,
trash compaction, etc.).
(b)
Storage material (such as but not limited to sand, gravel, pallets,
storage containers, racks, and stone products) or structures for handling
materials shall not exceed a height of 20 feet nor cover more than
30% with a combination of the building and storage piles of the area
of the lot. The height shall be measured to the highest point of the
structure, storage pile, etc., and shall include any structure elevation
requirements established by FEMA on the Flood Insurance Rate Map.
The total height shall be measured from that point on the site, adjacent
to the road, that is recorded as the lowest elevation point along
the site/road boundary.
(c)
Provisions shall be made for off-street parking of all trucks
delivering or awaiting shipment of materials/products. This shall
include provisions for on-site truck turnaround so as to prevent backing
of trucks onto the street.
C.
Conditional uses, MW-1 District.
(1)
Recreational marinas.
(2)
Recreational boat-launching facilities.
(3)
Boat storage with or without repair facilities, provided that no
boats are stored out of doors on racks exceeding 22 feet in height.
All racks shall have a fifteen-foot setback from the property lines.
(4)
Open charter recreational fishing boat operations.
(5)
Yacht clubs.
(6)
Restaurants, limited to no more than 2,000 square feet of gross floor
area, provided:
(7)
Marine rescue towing and environmental response, and educational
research vessels.
(8)
Single-family detached dwellings.
(9)
Recreational boat sales.
(10)
Business offices which handle matters principally related to
maritime services, including storage, purchasing, leasing and sales
of maritime insurance, boats and related marine equipment, including
maritime architecture.
(11)
Art studio/gallery.
(12)
Rental of watercraft and outboard engines, inclusive of the
sale of bait and tackle, and the storage and maintenance of rental
watercraft.
(13)
Petroleum products and biofuel marine terminal in connection
with pipeline facilities.[1]
[1]
Editor's Note: The addition of the petroleum products and
biofuel marine terminal conditional use was the result of the settlement
of litigation between the Village of Port Jefferson and Northville
Industries Corp. over the Northville Terminal.
D.
Accessory uses, provided that such accessory uses have a gross floor
area that does not exceed 25% of the gross floor area of the building
and/or buildings used as the primary water-dependent use or uses and/or
another accessory use:
(1)
Sale, refitting, fitting-out, refueling, maintenance or repair of
recreational boats, boating equipment, and boating provisions.
(2)
Retail sales: retail shops selling marine-related items, including
antiques, gifts and arts and crafts.
(3)
Accessory uses must be by the same entity/owner as the primary use.
E.
Permitted uses, MW-2 District.
F.
Conditional uses, MW-2 District:
(1)
Instructional facilities for maritime-related activities. Such facilities
shall not exceed 2,000 square feet of gross floor area.
(2)
Restaurants, limited to no more than 2,000 square feet of gross floor
area, provided:
(3)
Retail sales. Retail shops selling marine-related items, such as,
but not limited to, recreational boats, recreational boating equipment,
fishing equipment and boating provisions, and retail shops selling
antiques, gifts and arts and crafts.
(4)
Museums and visitors center.
(5)
Motel/hotel.
G.
Accessory uses. For the conditional use of motel/hotel customary
accessory uses, such as indoor and outdoor recreational facilities,
health club and hotel support services, including, but not limited
to, meeting rooms, media rooms, beauty salon, laundry service, gift
shop, snack bar, conference center, restaurant and lounge, and catering
services, provided that such accessory uses are primarily designed
for motel/hotel and marina guests/users.
I.
Parking requirements.
|
Use
|
Spaces
| |
|---|---|---|
|
Marinas
|
Transient: 1 per 3 slips; Nontransient: 1 1/2 per slip
| |
|
Municipally owned facility
|
1 per 300 square feet
| |
|
Boat launching facility
|
25 spaces
| |
|
Charter and fishing boats and recreational research vessels
|
1 per 4 passengers based on maximum capacity of vessel
| |
|
Yacht clubs
|
1 1/2 per slip and/or mooring plus 1 per 200 square feet
of club space
| |
|
Restaurant
|
1 per 100 square feet (minimum 10)
| |
|
Service, repairs, storage
|
1 per 200 square feet (minimum 8)
| |
|
Public building (visitor center maritime museum)
|
1 per 200 square feet of floor area, but not less than 5 seats
where provided
| |
|
Marine rescue towing and environmental response
|
5 spaces
| |
|
Watercraft/outboard rental facility
|
5 spaces
| |
|
Retail sales
|
1 per 100 square feet (minimum 8)
| |
|
Single-family dwelling
|
2 spaces
| |
|
Maritime office
|
1 space per 300 square feet
| |
|
Ferry
|
1 space per 3 persons of ferry passenger capacity
| |
|
Motel/hotel
|
Not less than 1 parking space per motel/hotel unit
|
[Added 10-21-2002 by L.L. No. 10-2002]
Groups of 15 or more persons must obtain a permit
to hold a picnic or party or event at the Tot Lot in the Harborfront
Park situated to the rear of the Chandlery Building. The applicant
must be an adult (18 years of age or older) and must file an application
for use of said Village facility with the Recreation Department, which
shall submit the same to the Board of Trustees. If approved by the
Board of Trustees, the permit shall issue, subject to the conditions
specified therein. Violation of said conditions shall be cause for
immediate revocation of said permit.
[Added 2-3-2003 by L.L. No. 4-2003]
A.
Location; overlay zone.
(1)
The Arts District shall be bordered on the north
by the intersection of East Main Street and Main Street, extending
in a southerly direction on both sides of Main Street to its intersection
with Myrtle Avenue and shall consist of lots existing within that
area that front on Main Street.
(2)
The Arts District as described above shall be an overlay zone, comprising as it does certain properties situated in the RO and C-1 Districts. In addition to the uses set forth in § 250-16 with respect to buildings and premises within the RO District and § 250-18 with respect to buildings and premises within the C-1 District, cultural centers, galleries and studios for artists as defined below shall be conditional uses subject to the approval of the Planning Board and procedures as set forth in § 250-51 of this chapter.
B.
ARTISTS
CULTURAL CENTER, GALLERY and STUDIO
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Persons working in all art forms and mediums, including,
but not limited to, painters, sculptors, authors, screenwriters, playwrights,
filmmakers, dancers, potters, weavers, jewelers, exhibitors, printers,
costumers, musicians and photographers.
Indoor and outdoor exhibition space, work space, meeting
space, lecture halls, performance space and sculpture parks.
