In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection of the public health, morals, safety, comfort, convenience,
and general welfare of the community. This chapter shall not be deemed
to affect, in any manner whatsoever, any easements, covenants, or
other agreements between parties; provided, however, that where this
chapter imposes a greater restriction upon the use of buildings or
land, or upon the erection, construction, establishment, moving, alteration,
or enlargement of a building that are imposed by other local laws,
rules, regulations, licenses, certificates or other authorizations,
or by easements, covenants or agreements, the provisions of this chapter
shall prevail. Except as hereinafter provided, the following general
regulations shall apply:
A. Conformance required for all land, buildings and accessory buildings.
No building, or accessory building, shall be erected, moved, altered,
rebuilt, or enlarged, nor shall any land, building, or accessory building
be used, designed, or arranged to be used for any purpose or in any
manner except in conformity with this chapter and, particularly, with
the specific regulations for the district in which such building,
land or accessory building is located. Any use not specifically permitted
by this chapter is prohibited.
B. Lot required for every building. Every building hereafter erected
shall be located on a lot as herein defined. There shall be not more
than one main building and its accessory buildings on any such lot.
C. Yards and open space can apply to only one building. No yard or other
open space provided about any building for the purpose of complying
with the provisions of these regulations shall be included as any
part of the yard or open space for any other building: no yard or
any other open space on one lot shall be considered as a yard or open
space for a building on any other lot.
D. Subdivision of a lot. Should a lot hereafter be formed from the part
of a lot already occupied by a building, such separation shall be
affected in such manner as not to impair conformity with any of the
requirements of this chapter with respect to the existing building
and all yards and other required spaces in connection therewith, and
no permit shall be issued for the erection of a building on the new
lot thus created.
E. Irregularly shaped lots. Where a question exists as to the proper
application of any of the provisions of this chapter to a particular
lot or parcel because of the peculiar or irregular shape of the lot
or parcel, the Board of Appeals shall determine how such regulations
shall be applied in accordance with the following procedures:
(1) The person concerned shall make a written application, signed and
sworn, to the Village Building Inspector, for an interpretation of
the proper application of such regulations or other provisions which
shall set forth all the pertinent facts involved and be accompanied
by a survey of the premises in question drawn to scale by a licensed
land surveyor showing lot dimensions and the setback distances of
any existing structures.
(2) The Building Inspector shall make a preliminary determination thereon
and refer it to the Board of Appeals for review.
(3) The Board of Appeals, upon such referral, shall call a hearing in
accordance with its regular procedure, shall at such hearing review
the matter, and shall issue its determination in the form of an opinion
and decision by the Board.
F. Lot frontage measurement. No permit shall be issued for any structure
unless the lot upon which the structure is to be built has a frontage
of at least 25 feet on a street or highway, which street or highway
shall have been suitably improved, or a bond posted therefore in accordance
with a resolution passed by the Village Planning Board.
G. Minimum lot area measurement. In any district, no more than 20% of
the required minimum area per lot may be satisfied by the area of
lands which do not meet both the required depth and width dimensions.
Thus, in the lot shown for a district, the shaded portion does not
meet the 150-foot width requirement and, therefore, that portion of
the lot may not count for more than 8,000 square feet (or 20% of 40,000
square feet) even if it is larger. (See illustration on file in the
Village office.)
H. Lots under water or subject to periodic flooding. No portion of the
minimum area requirement of a lot may be achieved by including land
under water, land with an elevation below mean high water or land
subject to periodic flooding. All minimum front, side and rear yard
requirements must be satisfied by measurement on dry land. For the
purposes of this subsection, land in a pond not exceeding 5% of the
lot area at mean high water level shall not be considered as under
water. The elevation of the first floor of any dwelling shall be at
least five feet above mean high water.
I. Accessory uses. All accessory uses shall be located on the same lot
with the principal uses to which they are accessory.
In any residence district, no building or premises shall be
used, and no building or structure shall be erected, constructed,
enlarged, altered, arranged, or designed to be used in whole or in
part, except for one or more of the uses set forth below.
A. Permitted principal uses:
(2) Village hall, Village police station, Village fire station, or other
Village use.
(3) Village park; Village playground, wildlife preserve, natural park
reservation.
B. Permitted special uses. The following uses are permitted subject
to conformity with requirements set forth below and all other applicable
requirements of this chapter.
(1) Churches and other places of worship, located on a site of at least
five acres, and with adequate provision for parking at times of maximum
attendance or use of the premises, with landscaping and controls over
lighting as may be required so as to protect and not adversely affect
adjoining residential properties, and with means of ingress and egress
which are properly related to the street system.
(2) The offices of professionals, such as physicians, medical practitioners,
accountants, architects, engineers, and lawyers; the studios of artists
and musicians; provided, however, that with respect to such accessory
uses referred to in this subsection, that the person practicing such
a profession or art resides in the dwelling in which such profession
or art is carried on, that not more than 30% of the ground floor area
of the dwelling unit is used therefore, and that no part of such profession
or art is carried on in any accessory building; and provided, further,
that there is no display or advertising on the premises of such use,
except a professional nameplate with an area not exceeding two square
feet; and provided, further, that no assistants, whether paid or not,
shall participate in such use except that two assistants may be employed
if the nature of the profession is such as to require an assistant(s),
and any such musician's or art studios shall be equipped and
used in such manner that sounds therefrom are not unduly annoying
to other persons in nearby premises or public places.
C. Permitted accessory uses.
(1) Private garden house, pool house, playhouse, greenhouse, tool shed,
or similar private accessory not used for commercial or public purposes.
(2) Private swimming pool, tennis court.
(3) Private garage or carport for housing private passenger cars of residents
and their employees living on their premises.
(4) Neat temporary storage of boat, house trailer or camper vehicle,
provided same is not used for dwelling purposes.
(5) Signs, provided that they comply with the following:
(a)
Professional signs. One sign not larger than two square feet
in area, bearing only the name and profession of the resident practitioner.
(b)
Sale or rent signs. One "For Sale" or "For Rent" sign not larger
than four square feet in area, advertising only the property on which
it is erected.
(c)
Number or name or occupant of the premises or both not to exceed
1.5 square feet. Sign may be attached to the building. If on a post,
sign may not to exceed four feet high and must be at least three feet
from the street line.
(d)
Subdivision and acreage signs, For each subdivision or for each
parcel of acreage, two signs, each not larger than 24 square feet
in area, advertising only the premises on which they are erected.
(e)
Political signs no larger than three square feet, subject to time limitations per Chapter
35.
(6) Other customary accessory uses and buildings, provided such uses
are incidental to the principle use, but such uses shall not include
any activity conducted as a business.
D. Residence district requirements. For convenience in the administration
of this chapter, there is hereby established, and declared to be part
of this chapter, the following schedule for the various residence
districts setting forth minimum area lots, minimum sizes of yards
and open spaces and other limitations and requirements. The requirements
listed for each district as designated are subject to all provisions
of this chapter and shall be deemed to be the minimum requirements
in every instance of their application.
Schedule of Building Requirements
|
---|
|
District
|
---|
|
A
|
B
|
C1
|
C2
|
C3
|
C4
|
C5
|
---|
Minimum lot area per dwelling (square feet)
|
40,000
|
30,000p
|
10,000
|
15,000
|
20,000
|
30,000
|
40,000
|
Minimum lot width at main building line (feel)
|
150
|
150p
|
|
|
|
|
|
Minimum depth of lot (feet)
|
150
|
150
|
100
|
100
|
100
|
100
|
100
|
Minimum of front yard (feet)
|
50
|
40p
|
30
|
30
|
30
|
40
|
40
|
Minimum side yard (feet) main and accessory buildings
|
25
|
20p
|
10
|
12.5
|
15
|
20
|
25
|
Minimum total of both yards (feet)
|
60
|
50p
|
25
|
31
|
37.5
|
50
|
60
|
Minimum rear yard (feet) main and accessory buildings
|
75
|
75p
|
25
|
25
|
25
|
30
|
35
|
Minimum floor area per dwelling:
|
|
|
|
|
|
|
|
One story height
|
1.450
|
1,200
|
800
|
800
|
800
|
1,200
|
1,450
|
More than one story height
|
2,150
|
1,600p
|
1,200
|
1,200
|
1,200
|
1,600
|
2,150
|
Maximum height:
|
|
|
|
|
|
|
|
In stories
|
2.5
|
2.5
|
2.5
|
2.5
|
2.5
|
2.5
|
2.5
|
In feet1
|
28
|
28p
|
28
|
28
|
28
|
28
|
28
|
Maximum lot coverage
|
20%
|
20%
|
25%
|
25%
|
20%
|
20%
|
20%
|
1
|
The height of all structures is limited to 28 feet as measured
from the level of the first floor to the
|
*
|
Note: "p" indicates current Village criteria in present Zones
A (30,000 square feet) and B (10,000 square feet).
|
(1) The height of all structures is limited to 28 feet as measured from
the level of the first floor to the highest point of the ridge, and
in no event shall the height of a structure be greater than 32 feet
above the average existing grade at the front of the building line
prior to any grading or regrading of the subject property. Any buildings
which are legally existing at the time of the adoption of L.L. No.
3 of 2003 and which are less than 35 feet in height shall be subject
to the twenty-eight-foot and thirty-two-foot restrictions stated above.
This shall apply to all districts, except in the A District for properties
over 40,000 square feet where the maximum height shall be 35 feet,
as measured from the level of the first floor to the highest point
of the ridge. The front building line shall be a line where the wall
of the structure that is closest to the street meets the average existing
grade along that wall.
E. Within the C District, the building and dimensional requirements
for each property district shall be determined by the square footage
of the respective property. Within the C District there shall be five
classes of property which shall be identified as C1, C2, C3, C4 and
C5, and every property in the C District shall be in one of those
classes, as determined by the square footage of the property. In the
event that there is a combination or merger of two or more lots in
the C District, the property that is the combination of the two or
more lots must conform to the requirements based on the total combined
square footage of the two or more lots.
The provisions of this chapter shall be subject to such exceptions,
additions or modifications as herein provided by the following general
supplementary regulations:
A. Yards and setbacks.
(1) Terraces and porches. A paved terrace shall not be considered in
determination of the yard size; provided, however, that such terrace
is roofless and without walls, parapets, or other forms of enclosure.
Such terrace, however, may have an open guard railing not over three
feet high, but shall not project into any yards more than 15 feet.
Any two-story or enclosed porch, or one having a roof and capable
of being enclosed, shall be considered a part of the building in the
determination of the size of yard.
(2) Deck, attached or detached. Any deck attached or detached shall be
considered a part of the building in the determination of the yard
size.
(3) Walls and fences. The yard requirements of this chapter shall not
be deemed to prohibit any necessary retaining wall, including one
used in conjunction with landscaping or terracing, nor to prohibit
any fence or wall, provided that in any residence district such fence
or wall shall not exceed four feet in height in any front yard and
six feet outside any front yard of a property.
(4) Visibility at intersections. At any street intersection in any residential
district, no fence, wall, or other structure or planting more than
three feet in height shall be erected, placed or maintained within
the triangle area formed by the intersecting street lines and a straight
line joining said street lines at points which are 75 feet in distance
from the point of intersection, measured along said street lines.
The height of three feet shall be measured above the road surface
at the nearest edge of the road. This subsection shall not apply to
the then existing trees, provided that no branches are closer than
eight feet to the ground.
(5) Corner lots. On a corner lot in any residence district there shall
be provided a yard on each street equal in depth to the required front
yard on such streets. A rear yard shall be provided on each corner
lot, and the owner shall elect which yard is the rear yard.
B. Height exceptions. The height limitations of this chapter shall not
apply to spires, cupolas and domes of churches, not to chimneys, ventilators,
skylights, or similar features and necessary mechanical appurtenances
usually carried above the roof level. Such features, however, shall
be erected only to such height as is necessary to accomplish the purpose
they are intended to serve
C. Minimum dwelling size. No dwelling erected or created by alteration
subsequent to the adoption of this chapter shall have a floor area
less than required in the Schedule of Building Requirements.
D. House trailers and RVs. House trailers shall be prohibited from all
districts, except that one trailer or RV may be parked or stored in
a yard, provided that no living quarters shall be maintained nor business
conducted in connection therewith while such trailer is stored.
E. Private swimming pools and tennis courts.
(1) No portion of any swimming pool or tennis court or similar athletic
facility shall be located closer to front and side lot lines than
the required minimum yard distances set forth in the Schedule of Building
Requirements nor should any portion of any swimming pool or tennis
court be located closer than 15 feet to the rear property line. Fencing
of pool is required at the time when the pool first becomes able to
hold water. Such fencing is to be of a minimum four-foot height and
of sufficient stability to prevent access to the pool from other than
a self-locking gate. Such fencing may be impermanent in that it may
be altered when landscaping commences to other equally adequate fencing
as regulated by Brookhaven Town requirements.
(2) Spill-offs and drainage from any swimming pool shall not be permitted
to flow onto adjacent property, including streets. Construction of
a separate drywell of sufficient capacity to handle 10% of the volume
of the pool is therefore required, the elevation of which is to be
determined by the Village Engineer.
(3) Swimming pools shall be securely enclosed by suitable protective
fencing at least four feet in height, nor more than five feet in height
with a self-locking gate.
F. Bluffs. Bluffs are inherently fragile natural features subject to
erosion, sloughing, weakening, slumping, causing eventual collapse.
Improper use, development, runoff, groundwater seepage, any grading,
removal of vegetation, improper siting of buildings, paving, or parking
areas materially accelerate the risk of severe erosion damage. In
view of these dangers, the following restrictions and standards are
required by this chapter:
(1) The impact upon a bluff from site disturbance shall be minimized
by siting all structures at a minimum distance from the landward edge
of the bluff, to be determined by the erosional rate of the bluff
and the amount of land required for the structure to remain unaffected
for a period of 50 years. In no case shall a structure, including
a swimming pool, be located closer than 50 feet in C Zone residence
or 100 feet in A Zone residence from the landward edge of the bluff.
(2) There shall be no land disturbance within the setback zone or bluff
face, including removal of vegetation, alteration of grade, alteration
of surface soils, placement of temporary structures, or similar activities.
(3) Natural vegetation shall be retained to stabilize the bluff face
and disperse stormwater.
(4) Stormwater from developed parts of the property shall be directed
in such a manner that it does not flow across the surface of the land
to the bluff face. No natural slope of land away from the bluff shall
be altered, and no overland flow of stormwater shall be allowed to
reach the bluff face of adjacent property.
(5) Stormwater shall not be recharged in a quantity or a location from
which surface runoff or subsurface or groundwater flow will undermine
the bluff face.
(6) Impermeable paving shall be minimized, trap rock and natural gravel
being required for driveways and other outdoor surfaces such suitable
permeable paving as brick or flagstone on sand.
(7) Roads and driveways shall be sited in such a manner that no stormwater
from the roadways or driveways will reach the bluff face or the beach
below.
(8) Where ground cover has been disturbed, the area within 50 feet of
the bluff face shall be replanted with native vegetation suitable
for the location and adequate to ensure stability in the shortest
possible time.
(9) Repair to structures within the bluff setbacks that were in existence before this chapter was enacted will be allowed with proper permit, including the rebuilding of irreparably damaged or decayed stairs on the bluff itself. However, restoration of the bluff and the replanting of native vegetation is required per §
183-14F(8) above, and no expansion of these structures will be allowed, subject to limitations of NYS Uniform Code.
G. Design and location: piers, recreational.
(1) Permits for all building actions in all tidal wetlands areas are
issued by the Department of Environmental Conservation of the State
of New York. State permit requirements are not affected by this chapter
and no pier may be erected within the Village of Poquott for which
state requirements have not been met. The obtaining of a permit from
the Department of Environmental Conservation shall not be a substitute
for a Village permit issued in conformity with this chapter.
(2) Permit requirements. Any person intending to construct or repair a recreational pier shall apply for a permit therefore pursuant to and in accordance with Subsection
G to the Planning Board of the Village of Poquott. The Planning Board shall review the application and may conduct an on-site inspection of the area affected thereby in reaching a determination with respect to the issuance of a recreational pier.
(3) Only one recreational pier permit shall be issued for each parcel
of real property upon which a single family residence exists or may
be constructed pursuant to the applicable Zoning Code and Building
Regulations of the Code of the Village of Poquott. The presence of
existing piers or structures intended for similar use shall preclude
the issuance of a permit pursuant to this section.
(4) The Planning Board may set forth in the recreational pier permit
such further conditions deemed necessary for the effective administration
of the legislative intent of this chapter.
(5) If, upon inspection by the Planning Board or any duly authorized
agent of the Village, an activity authorized by a recreational pier
permit is found to be not constructed or maintained in conformity
with the conditions set forth in such permit, the permit may be revoked,
modified or suspended by the Planning Board.
(6) Design and location requirements. Piers shall be designed to reduce
obstacles to navigation and to public use of the water to which they
give access.
(7) Piers shall be constructed in a location and in a manner which avoids
the need for dredging and which in no way interferes with navigability.
(8) Piers shall be designed and constructed so that they do not impede
the movement of water within Setauket Harbor or Port Jefferson Harbor,
nor interfere with the functioning of Setauket Harbor or Port Jefferson
Harbor as wildlife habitats and nesting areas.
(9) Piers shall provide a minimum clearance of 3 1/2 feet above
the soil surface of the marsh in vegetated intertidal areas.
(10)
Access to a pier must not encroach upon or disrupt a tidal wetland,
marsh or public passage along the beach.
(11)
A building permit must be obtained for the construction, reconstruction
or expansion of a pier. Minor repairs entirely above the level (e.g.,
decking) do not require a building permit, but must be done with approved
materials, only.
(12)
A design plan must be submitted with the application for a building
permit which includes the exact location of the proposed structure
and access to it from land.
(13)
After passage of this chapter, any pier constructed or extended
which does not conform to the provisions of this chapter shall be
removed.
H. Accessory buildings. An accessory building shall not be sited in
front of house line; must conform to applicable setbacks from property
lines, and may not exceed 14 feet in height from grade.
(1) Sheds. The height of sheds is limited to 14 feet. Sheds must be in
the rear yard of property, situated a minimum of two feet from property
lines. In addition, no more than two sheds per property are permitted,
with minimum of two feet between sheds. Sheds shall not have plumbing
nor contain facilities for cooking or a kitchen or kitchenette.
(2) Detached garages. As an accessory building, the height of detached
garages may not exceed 14 feet nor contain plumbing or facilities
for cooking or a kitchen or kitchenette.
(3) Other nondwelling structures. The height of structures shall be limited
to 10 feet in height from grade, and set a minimum of seven feet from
property lines.
The special uses for which conformance to additional standards
is required by this chapter shall be deemed to be permitted uses in
their respective districts, subject to the satisfaction of the requirements
of this chapter. All such uses are declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case. Special use permits shall be reviewed and approved
in accordance with the requirements set forth in Village Law § 7-725-b.
A. Application for a special permit. Application for required special
permits shall be made to the Village Board. Each such application
shall be referred to the Planning Board for a report, after which
the Village Board may authorize the issuance of a permit provided
that it shall find that all of the following conditions and standards
have been met.
(1) The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, the size
of the site in relation to it, and the location of the site with respect
to streets giving access to it, are such that it will be in harmony
with the appropriate and orderly development of the district in which
it is located.
(2) The location, nature and height of buildings, walls and the nature
and extent of the landscaping on the site are such that the use will
not hinder or discourage the appropriate development and the use of
the adjacent land and buildings.
(3) Operations in connection with any special use will not be more objectionable
to nearby properties than would be the operations of any permitted
use not requiring a special permit.
(4) Parking areas will be of adequate size for the particular use, properly
located and suitably from adjoining residential uses, and the entrance
and exit drives will be laid out so as to achieve maximum safety.
(5) Identification signs will be permitted providing they comply with the requirements of Article
IV, §
183-13C, and subject to a determination, in the case of signs used for advertising, that the design and location of said sign or signs will, to the maximum extent possible, not be objectionable to nearby residential properties.
(6) Each applicant for a special permit shall pay a fee as set from time
to time by resolution of the Board of Trustees.
B. Required plan. A plan for the proposed development of a lot for a
permitted special use shall be submitted with an application for a
special permit. The plan shall show the location of all existing and
proposed buildings, parking areas, traffic access and circulation
drives, open spaces, landscaping, topography, special features and
any other pertinent information about neighboring properties that
may be necessary to determine and provide for the enforcement of this
chapter.
C. Conditions and safeguards. The Village Boards shall attach such conditions
and safeguards to the special permit as are necessary to assure continual
conformance to all applicable standards and requirements.
D. Expiration of special permits. A special permit shall be deemed to
authorize only the particular use or uses specific in the permit,
and shall expire if said use or uses shall cease for more than six
months for any reason, or if any of the conditions of the permit are
violated.
E. Existing violations. No permit shall be issued for a special use
for a property where there is an existing violation of this chapter.
Except as otherwise provided herein, the lawfully permitted
use of land or buildings existing at the time of the adoption of this
chapter in 1983, or any amendment thereto, may be continued although
such use does not conform to the regulations specified by this chapter
for the district in which such land or building is located. Said uses
shall be deemed nonconforming uses.
A. Nonconforming use of buildings.
(1) A building or structure, the use of which does not conform to the
use regulations for the district in which it is situated, shall not
be enlarged or extended unless such building or structure, including
such enlargement or extension, is made to conform to all regulations,
including use for the district in which it is situated; provided,
however, that where the public welfare, health, or safety warrants
a reasonable and necessary extensions may be temporary or permanent
and permission therefor shall be obtained by application to and approval
by the Board of Appeals.
(2) Such nonconforming building shall not be structurally altered unless
such alterations are required by law; provided, however, that such
maintenance and repair work as is required to keep a nonconforming
building or structure in sound condition shall be permitted; and provided,
further, that any such nonconforming use may be extended throughout
any parts of the building which were lawfully and manifestly arranged
or designed for such use at the time of the adoption of the provision
of this chapter which made said use nonconforming.
(3) A nonconforming use of a building may be changed only to a conforming
use.
(4) If any nonconforming use of a building ceases for any reason for
a continuous period of more than 360 days, or is changed to a conforming
use, or if the building in or on which such use is conducted or maintained
is moved for any reason, then any future use of such building shall
be only in conformity with regulations specified by this chapter for
the district in which such building is located.
(5) If any building in or on which any nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of any building
thereon shall be in conformity with the regulations specified by this
chapter for the district in which such land or building is located.
B. Nonconformity, other than use. A building that is conforming in use
but does not conform to the height, yard or floor area requirements
of this chapter shall be considered to be nonconforming within the
meaning of this chapter. However, no permit shall be issued that will
result in a building that shall be enlarged or extended unless such
enlargement or extension shall meet existing yard requirements.
C. New buildings on nonconforming lots.
(1) A permit may be issued for the erection of a building housing a permitted
use on any lot which has been made nonconforming with respect to area,
depth, width, or frontage requirements by the adoption of this chapter
or Zoning Map, or any amendment thereto, provided that a valid conveyance
has been recorded or a bona fide contract of sale for said lot has
been executed and delivered prior to the date of the adoption of the
provision of this chapter that made the lot nonconforming, except
that where the owner of any such lot also owned or had under contract
to purchase adjoining land on said date, such other land, or so much
thereof as may be necessary, shall be combined with the original lot
to make a single conforming lot, if possible, or otherwise a lot that
is conforming to the fullest extent possible.
(2) In the case of a lot having nonconforming dimensions in a particular
districts the minimum required front and rear yard shall be those
of the residence district in which said lot's depth would meet
the requirements of this chapter and the minimum required side yard
shall be those of the residence district in which said lot's
width would meet the requirements of this chapter, but in no case
shall such yards be less than would have been required prior to the
date of adoption of this chapter.