[Added 2-25-2020 by L.L.
No. 2-2020]
The Board of Trustees of the Village of Lloyd Harbor (the "Board")
finds and determines that many of its larger homes are able to safely
accommodate a larger number of persons and vehicles than are common
to homes in residential zones of most other Suffolk County Villages.
As a result, such homes are sometimes the venue for family weddings,
charitable events and other "family-style" gatherings that garner
attendance substantially exceeding similar "family-style" gatherings
in smaller homes, but which are nevertheless generally customary and
incidental with the single-family residential zoning which accommodates
it. The Board further finds:
A. Large gatherings on public and private properties can disturb nearby
residents in the peaceful enjoyment of their homes and property, interfere
with the general public's normal use of highways and other municipal
facilities and be harmful to the public safety and welfare of the
Village and its residents; and
B. Large gatherings of people result in the need for some control over
traffic and parking, and can cause a strain on police services; and
C. There is a need to differentiate between such large family-style
gatherings, and "commercial" uses which are generally prohibited in
residential zones (unless specifically excepted) as being not customary
and incidental to a single-family residential use and the residential
zones which accommodate it and prevent and eliminate hazards and nuisances
to the Village and its residents; and
D. There is a need to provide for health and safety considerations (e.g.,
the availability of sanitary facilities and traffic/parking/crowd
controls which are sufficient to accommodate the gathering), in order
to protect sensitive natural resources currently existing within the
Village, and to preserve the single-family residential character of
the Village when otherwise family-style noncommercial gatherings are
reasonably expected to (or actually do) exceed 150 persons over the
course of a twenty-four-hour period; and
E. There is a need to limit the number of family-style noncommercial
gatherings at the same location which are reasonably expected to (or
actually do) exceed 150 persons over the course of a twenty-four-hour
period, so as to minimize the cumulative impact on the people, flora,
fauna, and public pathways in and around the residential environment,
including (but not limited to) noise, traffic, lighting and other
impacts on the quality of life at (and surrounding) a given residence,
as well as the potential cumulative adverse impacts to the environment
that may be caused or exacerbated by allowing multiple large gatherings
to take place at a property in a calendar year.
If an application for a special event shall be approved, such approval shall not be transferable but shall inure solely and specifically to the benefit of the applicants and others described in §
205-9.2B(1)(a)[1] of this article, unless the Board of Trustees shall by resolution consent to such transfer.
The fee for filing each application under §
205-9.2B of this article shall be as established by resolution of the Board of Trustees. In addition, the applicant shall reimburse the Village for all hearing charges and costs.
[Amended 12-21-1992 by L.L. No. 2-1992; 5-20-2019 by L.L. No.
1-2019; 2-25-2020 by L.L. No. 2-2020]
A. Notwithstanding any of the foregoing provisions of Article
V and V(B), no building or premises shall be used for any purpose which:
(1) Is obnoxious or offensive to the surrounding community by reason
of causing or emitting unreasonable levels of odor, smoke, vapor,
gas, dust, garbage, refuse matter, glare of lights, radiation, noise
or vibrations, interference with radio or television reception or
other physical or electronic disturbance beyond the premises on which
such use is conducted.
(2) Is dangerous or harmful to the health, peace, comfort or safety of
the community.
(3) Tends to disturb or annoy the residents of the Village.
(4) Involves any radiation or explosive menace or any serious fire hazard.
(5) No
person shall make or cause to be made or continued nor shall any owner,
lessee or occupant of any land in the Village permit to be made or
continued on his/her premises any obnoxious or offensive level of
odor, smoke and/or vapor due to the smoking or vaping of cannabis
or concentrated cannabis as those terms are defined by § 222.00
of the NYS Penal Law, which either annoys, injures or endangers the
comfort, repose, health, peace or safety of others within the Village.
Any such odor or smoke and/or vapor which is detected a point 10 feet
beyond the property line of the premises or street where it is being
created shall be presumptive evidence of a violation of this chapter.
[Added 7-19-2021 by L.L.
No. 4-2021]
B. The rental, leasing or subletting, and the advertisement thereof
by any means, of any dwelling or any portion thereof in the Village
for a term of less than 60 days is prohibited. Any homeowner renting,
leasing or subletting a dwelling in accordance with this subsection
must notify both the Village Clerk and the Village Police Department
in writing of the full name, address and contact telephone number
of the owner(s), any property manager and the individual(s) renting,
leasing, or subletting the dwelling at least five days in advance
of said activity. The Board of Trustees may grant a waiver of this
subsection for good cause shown.
C. Except as provided in §
205-9 and Article
IX of this chapter, no building, structure or premises in the Residence A-1 and A-2 Districts, nor any part thereof shall be used for any commercial use, as defined herein.