[Added 6-26-1992 by L.L. No. 6-1992]
When, in the judgment of the Board of Trustees,
the public convenience and welfare will be substantially served and
the appropriate use of neighboring property will not be injured thereby,
the Board of Trustees may, in appropriate and specific cases and subject
to appropriate conditions and safeguards, grant a special use permit,
whenever it is provided in this chapter that approval of the Board
of Trustees is required, or refuse to grant the same where such action
is justified.
The following uses are subject to a special
permit:
[Amended 8-4-1997 by L.L. No. 5-1997; 6-26-2000 by L.L. No. 11-2000; 1-22-2001 by L.L. No. 3-2001[1]; 1-5-2015 by L.L. No.
1-2015; 3-3-2015 by L.L. No. 3-2015]
A.
Purpose and intent. The Village Board recognizes that tourism is
an important factor in promoting the economic welfare of the Village
of Port Jefferson and that it is in the best interests of the Village
to ensure the continued growth of tourism trade. The Village Board
also recognizes that many tourists prefer lodging accommodations in
residential settings, which often offer more personalized services
than those provided in motels or hotels. In addition, the Board seeks
to protect and preserve property values and promote the more efficient
use of the Village's existing stock of one-family dwellings, while
providing some measure of economic relief to families of modest income
who own and reside in such dwellings. Thus, it is this Board's determination
that bed-and-breakfast establishments will help facilitate the achievement
of these goals and objectives. Therefore, it is the specific intent
and purpose of this Board, in enacting this section, to permit the
establishment of quality bed-and-breakfast accommodations throughout
the Village subject to standards and thresholds calculated to achieve
these purposes.
B.
BED-AND-BREAKFAST ESTABLISHMENT
GUEST BEDROOM
GUEST(S)
HOST-HOSTESS
OPERATED
PRIMARY RESIDENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An owner-occupied one-family dwelling or residence, and having,
as an accessory use, guest bedroom(s), with breakfast provided, served
in the host's private dining room, kitchen or other suitable dining
area for those accommodated as paying guests, managed and operated
by said owner/occupant. For purposes of bed-and-breakfast establishments,
an owner shall be a natural person or persons only.
Bedroom for rent to non-family paying guests.
Person(s) who pay to stay overnight at the bed-and-breakfast
establishment.
Owner and occupant of the bed-and-breakfast establishment.
A bed-and-breakfast is being presently operated when one
of the following criteria are met: inspection of the guest registry
indicates occupancy of at least one paying guest in each of three
months of a given year, proof of advertising or marketing strategies,
taking reservations upon request.
Although no single factor shall be solely determinative,
evidence which may be considered in making a determination that a
dwelling is occupied as a primary residence shall include, without
limitation, such factors as: address used on tax return; voter registration
address; address on driver's license.
C.
Bed-and-breakfast establishments, as defined in this chapter, may
be located in any zoning district where one-family dwellings are a
permitted use, whether located within an existing structure or new
development, by special permit from the Board of Trustees.
D.
As provided by this chapter, a special use permit from the Board
of Trustees shall be granted only upon the finding of the following
criteria and conditions:
(1)
The property and structure sought to be used shall be the primary
residence of the owner.
(2)
No new bed-and-breakfast establishment shall be permitted for any
residential dwelling which is located on the same street of an existing
bed-and-breakfast unless the proposed establishment is a minimum of
200 linear feet away from the property line(s) of the parcel containing
said existing bed-and-breakfast establishment, or separated by a minimum
of five lots, whichever is the greater distance. In cases where there
is an existing bed-and-breakfast establishment located on a corner
parcel, the 200 linear feet will be measured along all streets upon
which the parcel maintains frontage. See diagram below. In the event
of any conflict between the diagram below and the language of this
section, the language of this section shall control.
|
(3)
A maximum of four guest bedrooms may be offered for paying guests.
(4)
Adequate off-street parking facilities shall be provided for the
host/hostess and his/her family. In addition, at least one off-street
parking space shall be provided on site for each guest bedroom. The
applicant shall clearly demonstrate that all such on-site parking
is adequate with appropriate grade alignment and line of site distance.
The applicant must also demonstrate that all such off-street, on-site
parking is adequate in width, grade, alignment and visibility and
that vehicular access to and from the property is adequate and safe.
(5)
The exterior appearance of a bed-and-breakfast establishment, including
its overall site development, shall remain in appearance and character
as that of a one-family dwelling. No separate entrances for the use
of bed-and-breakfast guests shall be permitted.
(6)
The applicant shall demonstrate that all proposed exterior lighting
or illumination shall be typical of that permitted in the residential
zoning district where the bed-and-breakfast is located.
(7)
Only one sign shall be permitted, not to exceed three square feet
in area and which shall be strictly limited to identification of the
premises of the "named" bed-and-bed breakfast establishment.
(8)
No cooking facilities of any kind may be located in any of the bed-and-breakfast
establishment's guest rooms.
(9)
No special use permit for a bed-and-breakfast shall be issued for
any one-family dwelling having more than one kitchen.
(10)
The property and structures thereon are not in violation with
all other requirements set forth in the Village Code.
E.
Application procedure.
(1)
Application for a special use permit for a bed-and-breakfast shall
be made to the Board of Trustees, submitted to the Village Clerk,
in the form prescribed by the Board, together with an application
fee and a fee for each guest bedroom offered for rent.[2]
[2]
Editor's Note: See the Table of Fees included as an attachment to this chapter.
(2)
The Village Clerk shall forward the application, when deemed completed
and the fee paid, to the Planning Board for review and comment. The
Planning Board shall forward such comment to the Board of Trustees
within 45 days of receipt of the application.
(3)
The Village Clerk shall forward the application, when deemed completed
and the fee paid, to the Building Inspector. The Building Inspector
shall, within 30 days of receipt of the application, make or cause
to be made inspections to determine the condition of proposed bed-and-breakfast
establishment. The Building Inspector or his designated representative
is authorized to enter, upon the consent of the owner, at any reasonable
time during daylight hours or at such other time as may be necessary
in an emergency, without consent of the owner, for the purpose of
performing his duties under this article. Upon conclusion of the inspection,
the Building Inspector or designee shall reduce their observations
to writing and forward said document to the Board of Trustees and
Planning Board for consideration.
(4)
Special use permit applications for a bed-and-breakfast shall require
a public hearing, notification of property owners within a two-hundred-foot
radius of the property line(s) or within a distance of five lots from
the property line(s), whichever is the greater distance, at least
10 days prior to such public hearing by certified mail, return receipt
requested, and a posting of the property, for a period of 10 days
prior to such hearing, containing a description of the permit requested.
(5)
The notification of adjacent property owners as set forth in Subsection E(4) above shall be to those whose names appear on the last complete tax roll of the Village. The said applicant shall submit a sworn statement to the Board of Trustees, at the time of the hearing, that the owners have been so notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.
(6)
At the public hearing, the Board of Trustees shall consider the criteria and conditions set forth in § 250-57D and may table the matter pending receipt of additional information as requested by said Board.
(7)
The Board of Trustees shall render a decision within 30 days from
the date on which the hearing is closed. All grants of a special use
permit under this section will be conditioned upon the following:
(a)
The host shall maintain a guest register preserving all registration
records for a minimum of three years, and shall make same available
for review and inspection by authorized Code Enforcement Officers
or other duly authorized personnel in connection for an application
for renewal of said permit.
(b)
All guests shall be limited to a maximum stay of 30 consecutive
nights.
(c)
Continued compliance with all other requirements otherwise set
forth in the Village Code.
(d)
Any and all amenities provided in connection with the guest
bedrooms (i.e., swimming pool, tennis court, patio room, et al.) shall
be solely for the use of the host/hostess, his/her family, his/her
personal guests and the appropriately registered guests.
(e)
Compliance with any and all state and local health, fire, building,
sanitation and maintenance codes applicable to the use of the premises
as a bed-and-breakfast establishment as interpreted by the Village
Fire Marshal and Building Inspector.
(f)
An inspection of the premises, upon the owner's consent, in
which a bed-and-breakfast use has been established by the Building
Inspector and Fire Marshal, who each shall make at least annual inspections.
(g)
The bed-and-breakfast establishment must be operated a minimum
of three months a year. These months of operation may be either consecutive
or nonconsecutive.
(h)
A special use permit issued for the first time for a bed-and-breakfast
on a particular site shall be issued for a period not to exceed one
year.
(i)
Any other conditions and restrictions the Board of Trustees
deem reasonable and directly related to and incidental to the proposed
special use permit for a bed-and-breakfast establishment.
F.
Additional provisions. A special use permit issued for a bed-and-breakfast
may be transferred to the purchaser of the property upon which the
bed-and-breakfast is operated on the following conditions:
(1)
The purchaser desires the transfer of the special use permit.
(2)
Prior to closing, the purchaser advises the Village Clerk of his/her
desire to continue the operation of the bed-and-breakfast and completes
a questionnaire providing such information as the Village deems appropriate.
(3)
If the closing takes place on a date more than six months before
the date on which the seller's special use permit is scheduled to
expire, the purchaser may continue to operate the bed-and-breakfast
until the end of the calendar year in which the closing takes place,
with the further right to apply for a renewal of the special use permit
for a period of up to three consecutive years.
(4)
If the closing takes place on a date less than six months before
the date on which the seller's special use permit is scheduled to
expire, the purchaser may continue to operate the bed-and-breakfast
from the date of closing plus 12 consecutive months after the end
of the calendar year in which the closing takes place. Such purchaser
may apply for a renewal of the special use permit for a period of
up to three consecutive years prior to the expiration of such twelve-consecutive-month
period.
G.
Renewal of bed-and-breakfast special use permit. Special use permits for a bed-and-breakfast may be renewed by the person holding the permit, without amendment, for a period of up to three consecutive years, upon application to the Village Clerk and public hearing by the Board of Trustees. Upon receipt of a completed application for renewal and fee paid, the Board of Trustees shall schedule a public hearing with the notice requirements set forth in § 250-57E(4) and (5). The Board of Trustees may renew the special permit upon the finding of the following conditions:
(1)
The completed application for renewal includes a signed and sworn
statement that there are no existing or outstanding violations of
any federal, state or county laws or rules or regulations or of any
Village of Port Jefferson local laws or ordinances pertaining to the
property.
(2)
Confirmation from the appropriate department or agency that all conditions of the permit, including those set forth in § 250-57E(7), have been met continuously during the term of the special permit.
(3)
In those cases where a special use permit for a bed-and-breakfast has been renewed for a period in excess of one year, the fee set forth in the Table of Fees, included as an attachment to this chapter, must be paid for each year of the renewed term, at the beginning of each such year.
(a)
Failure to pay the fee shall result in the termination of the
permit.
H.
Penalties for violations.
(1)
Penalties for violations of any criteria or conditions set forth in a special use permit will result in fines and/or imprisonment as delineated in § 250-47 and/or immediate revocation of the special use permit.
(2)
A special use permit may be revoked by the Board of Trustees after a public hearing on notice to the property owner, and all neighboring property owners entitled to notice as set forth in § 250-57E(4) and (5), based upon a violation of any requirements of this chapter or the conviction of a crime committed on the premises.
(3)
In the case of an imminent threat to public safety as determined
by the Fire Marshal or the Building Inspector, the special use permit
may be revoked immediately, with the property owner having the opportunity
to be heard by the Village Board regarding the revocation at a meeting
to be held no later than 14 business days from the date of the revocation
of the special use permit, at which time the Board of Trustees shall
determine whether to confirm the revocation or reinstate the permit
with or without conditions.
I.
If any clause, sentence, paragraph, section, article, chapter or
part of this section or of any local law, ordinance or resolution
included in this Code now or through supplementation shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
[Amended 1-22-2001 by L.L. No. 3-2001[1]; 2-25-2013 by L.L.
No. 4-2013; 1-5-2015 by L.L. No. 1-2015; 2-3-2020 by L.L. No. 2-2020]
A.
Purpose and intent. It is the purpose of the Board of Trustees in
enacting the subject section of code to allow for the controlled utilization
of outdoor spaces for dining activities. The Board recognizes that
the Village of Port Jefferson is a unique and picturesque environment,
and that patrons of local dining establishments may wish to further
enjoy the benefits of the community by dining outdoors. The Board
finds that the desire of patrons and the benefits to restaurants in
providing such outdoor dining space must be carefully weighed and
considered in the light of ensuring that no detriment be inflicted
on the surrounding community. As such, the special permit criteria
and conditions set forth herein are promulgated with these issues
and concerns in mind and with the intent to conditionally permit the
outdoor dining use, while continuing to protect and promote the community
and environment which make such dining desirable. The inclusion of
the MW-1 Zone should not be interpreted to support or encourage restaurant
use, which is not permitted in this zone. The inclusion of the MW-1
Zone is merely to allow yacht clubs that offer food and drink to their
membership, to do so out of doors via the subject permit.
B.
OUTDOOR DINING SPACE
Definitions. The following definitions are set forth for the administration
of this section:
A space which is open to the elements and cannot be enclosed
by retractable roofing and walls.
C.
As provided by this chapter, a special use permit from the Board
of Trustees shall be granted for seasonal outdoor dining, only upon
the finding of the following criteria and conditions:
(1)
Submission of a completed application and required fee.
(2)
The restaurant, hotel, motel, bar, tavern, nightclub, cidery, brewery
or winery, which is the subject of the request, must be existing,
located in the commercial C-1 or C-2 Districts, Marine Waterfront
MW-1 or MW-2 Zoning Districts, and must maintain proper permitting
and no violations for the property.
(3)
The number of seats allowed in a seasonal outdoor dining location
will be determined by application of the following formula: 15 square
feet of outdoor dining space per seat. This calculation will take
into account only that space which will be designated for the proposed
outdoor dining use. No interior space or other outdoor space shall
be included in this calculation.
(4)
The outdoor dining area is located and configured in such a fashion
so that a six-foot width of public right-of-way, neighboring viewsheds
and emergency exits are not obstructed.
(5)
Demonstration of adequate on-site or municipal parking facilities
to accommodate the outdoor dining use.
D.
Application procedure.
(1)
Application for special use permit for seasonal outdoor dining shall
be made to the Board of Trustees, submitted to the Village Clerk,
in the form prescribed by the Board, together with a signed form indicating
the property owner's consent and application fee.
(2)
The Village Clerk shall forward the application, when deemed completed
and the fee paid, to the Planning Department for review and comment.
The Board of Trustees may also opt to forward the application to the
Planning Board for its input. Within 45 days of receipt of the application,
the Planning Department shall forward said comment to the Board of
Trustees.
(3)
The Village Clerk shall forward the application, when deemed completed
and the fee paid, to the Building Inspector. The Building Inspector
shall, within 30 days of receipt of the application, make or cause
to be made inspections to determine the condition of proposed seasonal
outdoor dining area. The Building Inspector or his designated representative
is authorized to enter, upon the consent of the owner, at any reasonable
time during daylight hours or at such other time as may be necessary
in an emergency, without consent of the owner, for the purpose of
performing his duties under this article. Upon conclusion of the inspection,
the Building Inspector or designee shall reduce their observations
to writing and forward said document to the Board of Trustees and
the Planning Department for consideration.
(4)
Special use permit applications for seasonal outdoor dining shall
require a Board of Trustees public hearing, notification of property
owners within a 200-foot radius of the property line(s) or within
a distance of five lots from the property line(s), whichever is the
greater distance, at least 10 days prior to such public hearing by
certified mail, return receipt requested, and a posting of the property,
for a period of 10 days prior to such hearing, containing a description
of the permit requested.
(5)
The notification of adjacent property owners as set forth in Subsection D(4) above shall be those whose names appear on the last complete tax roll of the Village or of the Town of Brookhaven. Said applicant shall submit a sworn statement to the Board of Trustees, at the time of the hearing, that the owners have been so notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.
(6)
At the public hearing, the Board of Trustees shall consider the criteria and conditions set forth in § 250-58C and may table the matter pending receipt of additional information as requested by said Board.
(7)
The Board shall render a decision within 30 days from the date on
which the hearing is closed. All grants of a special use permit under
this section will be conditioned upon the following:
(a)
In the case where the applicant is seeking a special use permit
for seasonal outdoor dining for the first time, these special permits
shall not exceed a grant of one year.
(b)
In the case where said applicant has previously received a special
use permit for seasonal outdoor dining, and has maintained said permit
without issue or violation, and is now seeking a new special use permit
for seasonal outdoor dining, said permit shall not exceed a grant
of three years.
[1]
Applicants holding a multiyear permit must, on the yearly anniversary
of the granting of said permit:
[a]
File a signed and sworn statement that all conditions set forth by the Board of Trustees, under § 250-58D(7), have been met without exception with the Clerk, on a form provided by the Village, confirming that there are no outstanding violations of the property.
[b]
File a signed and sworn statement that there are
no existing or outstanding violations of any federal, state or county
laws, or rules or regulations or of any Village of Port Jefferson
local laws or ordinances pertaining to the property.
[c]
Pay the yearly special permit fee.
(c)
All seasonal outdoor permits shall be issued for the period
from March 15 to November 15 of any calendar year.
(d)
Operators shall not provide service to outdoor dining areas
between 11:00 p.m. and 7:00 a.m.
(e)
No food shall be prepared outside.
(f)
The outdoor dining area shall not be used for any purpose other
than the service of food and beverage (including alcohol) provided
by wait staff for consumption at tables and chairs in the outdoor
dining area. The service of alcoholic beverages alone shall only be
permitted if provided by wait staff for consumption at tables and
chairs in the outdoor dining area. Any service bar shall be for wait
staff use only.
(g)
No trash or refuse shall be stored or collected in the outdoor
dining area; any such area shall be maintained free of litter.
(h)
All equipment, furniture and furnishings associated with the
seasonal outdoor dining use shall be temporary in nature and from
November 15 to March 1, shall be stored indoors or off site.
(i)
The providing of music or live entertainment via amplified device shall be permitted in the outdoor dining area subject to the requirements set forth in Chapter 173 of the Village Code. During "the season," Memorial Day through Labor Day, all music provided in the outdoor dining area shall permitted no later than 10:00 p.m., with the exception of Friday and Saturday evenings, which shall be permitted no later than 11:00 p.m.
[1]
Sunday through Thursdays during "the season," Memorial Day through
Labor Day, the provision of music or live entertainment via amplified
device in establishments with valid seasonal outdoor dining permits
shall be permitted at or below 65 dBA no later than 10:00 p.m. Prior
to Memorial Day and after Labor Day, the provision of music or live
entertainment via amplified device in establishments with valid seasonal
outdoor dining permits shall be permitted at or below 65 dBA no later
than 9:00 p.m. On Fridays and Saturdays during "the season," Memorial
Day through Labor Day, the provision of music or live entertainment
via amplified device in establishments with valid seasonal outdoor
dining permits shall be permitted at or below 65 dBA no later than
11:00 p.m. Prior to Memorial Day and after Labor Day, the provision
of music or live entertainment via amplified device in establishments
with valid seasonal outdoor dining permits shall be permitted at or
below 65 dBA no later than 9:00 p.m.
(j)
Continued compliance with all other requirements otherwise set
forth in the Village Code.
(k)
Compliance with any and all state and local health, fire, building,
sanitation and maintenance codes applicable to the use of the establishment,
including but not limited to the installation of tents, outdoor natural
gas/propane patio heaters, fire pits/tables.
(l)
Any other conditions and restrictions the Board of Trustees
deem reasonable and directly related to and incidental to the special
use permit for seasonal outdoor dining.
E.
Renewal.
(1)
Special use permit for seasonal outdoor dining may be renewed by the person holding the permit, without amendment, for a period of up to three consecutive years, upon application to the Village Clerk and public hearing by the Board of Trustees. Upon receipt of a completed application for renewal and fee paid, the Board of Trustees shall schedule a public hearing with the notice requirements set forth in § 250-58D(4) and (5). The Board of Trustees may renew the special permit upon the following conditions:
(a)
The previously issued permit is still valid in terms of date
and conditions.
(b)
A signed and sworn statement that all conditions set forth by the Board of Trustees, under § 250-58D(7), have been met without exception.
(c)
The completed application for renewal includes a signed and
sworn statement that there are no existing or outstanding violations
of any federal, state or county laws or rules or regulations or of
any Village of Port Jefferson local laws or ordinances pertaining
to the property.
(2)
The Village Clerk shall forward the application, when deemed completed
and the fee paid, to the Building Inspector. The Building Inspector
shall, within 30 days of receipt of the application, make or cause
to be made inspections to determine the condition of proposed seasonal
outdoor dining area. The Building Inspector or his designated representative
is authorized to enter, upon the consent of the owner, at any reasonable
time during daylight hours or at such other time as may be necessary
in an emergency, without consent of the owner, for the purpose of
performing his duties under this article. Upon conclusion of the inspection,
the Building Inspector or designee shall reduce their observations
to writing and forward said document to the Board of Trustees and
the Planning Board for consideration.
(3)
In those cases where a special use permit for seasonal outdoor dining has been renewed for a period in excess of one year, the fee set forth in the Table of Fees included as an attachment to this chapter must be paid for each year of the renewed term, at the beginning of each such year.
(a)
Failure to pay the fee shall result in termination of the permit.
F.
Penalties for violations.
(1)
Penalties for violations of any criteria or conditions set forth above will result in fines and/or imprisonment as delineated in § 250-47 and/or immediate revocation of the special use permit.
(2)
A special use permit may be revoked by the Board of Trustees after a public hearing on notice to the property owner, and all neighboring property owners entitled to notice as set forth in § 250-58D, based upon a violation of any requirement of this chapter, the conviction of a crime committed on the premises or violation of the purpose and intent of this chapter, including suffering or permitting one or more serious acts of disorderly conduct by patrons that constitute a hazard or nuisance to person on the premises or in its immediate vicinity.
(3)
In the case of an imminent threat to public safety as determined
by the Fire Marshal or the Building Inspector, the special use permit
may be revoked immediately, with the property owner having the opportunity
to be heard by the Village Board regarding the revocation at the meeting
to be held no later than 14 days from the date of the revocation of
the special use permit, at which time the Board of Trustees shall
determine whether to confirm the revocation or reinstate the permit
with or without conditions.
(4)
Any person who violates this subsection or fails to comply with any of its requirements or the conditions set forth in the special permit, including the number of tables to be used outdoors, shall be subject to the immediate revocation of the special permit by the Building Inspector. Further, any person who violates this subsection or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.
G.
If any clause, sentence, paragraph, section, article, chapter or
part of this section or of any local law, ordinance or resolution
included in this Code now or through supplementation shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
[Added 1-22-2001 by L.L. No. 3-2001[1]]
A.
Special permit applications for telecommunications
towers, prior to approval, shall require a public hearing, notification
of property owners within 500 feet of the property lines of the parcel
in which the proposed tower is to be constructed, at least 10 days
prior to such hearing by certified mail, return receipt requested,
and a posting of the property, for a period of 10 days prior to such
hearing, containing a description of the permit requested.
B.
Special permits for telecommunications towers may
be renewed, without amendment, from year to year, subject only to
review by the Board of Trustees and the payment of a fee of $500 for
each year renewed.
C.
Application for special permits for telecommunications
towers shall be made to the Board of Trustees, through the Village
Clerk, in the form prescribed by it, together with an application
fee in the sum of $500.
D.
The notification of property owners as set forth in Subsection A above shall be to those whose names appear on the last complete tax roll of the Village. The applicant shall submit a sworn statement to the Board of Trustees at the time of the hearing that the owners have been notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.
