The minimum lot depth at any point may be decreased
by 25% if the average lot depth conforms to the minimum requirement.
[Amended 2-3-1976 by L.L. No. 1-1976]
The minimum side yard and rear yard requirements for any lot described in §§
163-35 and
163-36 are hereby reduced as follows:
A. The total minimum dimensions of both side yards for
a principal building and accessory building shall be computed on the
basis of 0.4 of the lot width; however, no dimension for any one side
yard of a principal and accessory building shall be less than 10 feet.
B. The total minimum rear yard dimension for a principal
and accessory building shall be computed on the basis of 0.4 of the
lot width; however, no dimension for the rear yard of a principal
building shall be less than 25 feet or, for an accessory building,
less than 15 feet.
[Amended 8-4-1986 by L.L. No. 7-1986]
[Added 1-5-2006 by L.L. No. 1-2006]
Any passageway used to connect parts of a residence or accessory structure shall in no event exceed a length of 15 feet or constitute a design feature in more that one location on any one residential parcel and shall in no event enable a construction of §
163-31D which converts or changes an accessory structure to be part of the principal structure, it being required that any accessory building shall not project nearer to the street on which the principal building fronts than the principal building whether or not the accessory building and principal building are connected by an underground passageway, except as is otherwise expressly provided in §
163-31D where properties are bounded by Shelter Island Sound or any natural bodies of water.
[Added 12-21-2022 by L.L. No. 9-2022]
A. Purpose. The following provisions are intended to regulate exterior
lighting throughout the Village to promote public safety on the Village's
roads and highways, protect landowners from the intrusive effects
of glare and light trespass, preserve the rural character of the Village,
and maintain and restore the beauty of the night sky. Excessive, unshielded,
and poorly directed exterior lighting has many adverse effects. It
detracts from the rural qualities of North Haven and makes the Village
appear increasingly suburban and overdeveloped. Glare associated with
such lighting is dangerous for drivers and pedestrians on the Village's
roads at night. Furthermore, such lighting interferes with the privacy
of residents, wastes energy resources, and creates skyglow, which
makes the night sky less visible and diminishes the natural nocturnal
environment for flora and fauna. The regulations set forth in this
section take proper account of the legitimate uses of exterior lighting
while providing guidance and direction for property owners.
B. Lighting standards. Outdoor lighting shall be designed, installed,
and maintained to minimize glare and light trespass across property
lines and into roadways (whether public or private) and waterways.
(1)
All outdoor lighting fixtures shall be fully shielded and dark
sky compliant and directed downward. (See Appendix A.)
(2)
No light source shall be visible beyond the boundary of the
property on which it is located, including from a body of water or
roadway.
(3)
Lighting shall not project or illuminate on any street (public
or private), thoroughfare or waterway.
(4)
Uplighting of any trees and landscape features is limited to
450 lumens per light fixture, shall be shielded and must be extinguished
by 11:00 p.m.
(5)
The following types of light sources are prohibited:
(b)
Neon, unless legally preexisting;
(d)
Any light source with a color temperature greater than 2,700
Kelvin;
(e)
Flashing, colored, or tracing lights;
(f)
Lighting which outlines a structure;
(6)
Residential landscape lighting shall not be controlled by dusk-to-dawn
sensor(s) unless such lighting illuminates a walkway or pathway. Landscape
lighting as well as any lighting in and around swimming pools or ponds
shall be extinguished no later than 11:00 p.m. Compliant lighting
used to illuminate walkways and paths shall be excluded from the 11:00
p.m. curfew. All landscape light fixtures shall shine downward and
not exceed 450 lumens.
(7)
Upon relamping (i.e., changing the light fixture/source), the
maximum lumens per doorway on a structure for unshielded residential
lighting shall not exceed 450 lumens, regardless of the number of
light sources or fixtures.
(8)
Upon relamping of any unshielded, nonessential fixture, including
foliage lighting and stanchion light fixtures, the light source shall
not exceed 450 lumens per fixture.
(9)
Motion-activated lights and sensors shall be aimed and adjusted
such that lights are only triggered by motion on the subject property
and are dark sky compliant. Motion-activated lights shall be programed
so that they extinguish within 15 minutes or less. Motion-operated
lighting is still subject to general shielding requirements as stated
above and when triggered shall not trespass into neighboring properties.
In no way shall the installation angle allow the source to be visible
beyond the boundary of the property on which it is located. (See Appendix
B.)
(10)
Private streetlighting, such as in homeowners' associations,
shall be fully shielded and aimed downward, shall not exceed 450 lumens
per light fixture and shall not exceed 2,200 Kelvin. Private streetlighting
shall be excluded from the 11:00 p.m. curfew.
C. Compliance with standards required.
(1)
No person, firm or corporation, or its agent or employee, shall install, operate, or maintain on private property in the Village any outdoor light, lamp or other artificial illumination that is not in compliance with §
163-36.2.
(2)
All lighting on new construction for which a building permit is issued after the effective date of this section shall comply with the standards set forth in §
163-36.2. Building permit applications for exterior lighting shall include a drawing, photograph, or manufacturer's cut sheet, along with the installation mounting height from grade for each lighting fixture(s), lumen output and Kelvin.
D. Exterior lighting on docks. Dock lighting is prohibited as per §
56-3.
E. Exceptions. The following types of outdoor lighting are exempt from
the foregoing provisions.
(1)
Up to three outdoor lighting fixtures (commonly referred to
as "porch lights," not flood or security lights) attached to the main
dwelling/building per lot are exempt from shielding requirements,
provided that such exempt fixtures have a total light output of 450
lumens or less, regardless of the number of light sources.
(2)
Outdoor string market lighting shall not exceed 200 lumens per
light source and shall not exceed 2,200 Kelvin.
(3)
Holiday lights shall be permitted during the traditional holiday
periods, shall be removed within a reasonable time frame and shall
be extinguished by 11:00 p.m.
(4)
Lighting that the Village Board has expressly allowed in connection
with a special event.
(5)
Flag uplighting is permitted that has a fixture as close to
the pole as possible and has a light source that emits a narrow beam
of light that does not exceed 450 lumens. The light source must be
dark sky compliant and aimed directly at the flag. The light source
shall not be visible across the property line or from public or private
roadways and water bodies.
(6)
U.S. Coast Guard approved maritime navigational lighting and
all temporary emergency lighting needed by fire, ambulance, or police
departments, or other emergency services, or lighting used in municipal
road construction, emergency repair or maintenance of public infrastructure.
(7)
Public streetlighting, provided fully shielded replacements
are not available in a similar design, and shall not exceed 2,200
Kelvin.
(8)
All essential lighting for municipal emergency facilities.
F. Time frame for compliance. The residential provisions shall become
effective no more than 12 months from the date this section is adopted,
unless otherwise specified. In order to further the public health,
safety, and welfare, and to provide lighting consistency throughout
the Village, the following sunset provisions shall be implemented
to phase out legally preexisting and nonconforming lighting.
(1)
Upon repair, replacement, or relocation of any exterior lighting,
such lighting shall conform to the standards provided herein.
(2)
Lighting mounted on a utility pole that is intended to illuminate
private property, and that does not meet the shielding, light trespass,
and shutoff provisions herein, shall be removed at once, including
the pole itself if its use is dedicated to mount such light fixture.
(3)
Uplighting of trees and other landscape features, landscape
lighting and lighting of swimming pools and ponds, as well as any
motion-activated lighting, must immediately comply with this Code
section.
G. Penalties for offenses.
(1)
Any person committing an offense against any provision of this
section shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this section shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
(2)
The owner, general agent or contractor of a building, structure,
lot or part thereof where such violation has been committed or does
exist shall be guilty of such an offense.
(3)
Any agent, contractor, architect, builder, corporation or other
person who commits, takes part or assists in or refuses to abate or
correct any such violation shall also be guilty of such violation.
(4)
The imposition of penalties herein prescribed shall not preclude
the Village or any person from instituting appropriate legal action
or proceeding to prevent, restrain, or correct or abate a violation
of this section, or to seek appropriate civil penalties, including
fines and monetary damages.