Article IV District Use Regulations

Detached one-family dwellings, not to exceed one one-family dwelling on each lot.

Buildings, structures and uses owned or operated by the Village.

Conditional uses. The following conditional uses are permitted, subject to approval by the Planning Board in accordance with § 150-29 hereof, and subject to the regulations specified below and elsewhere in this chapter:

Places of worship, including parish houses, but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling. Special conditions include the following:

No building or part thereof shall be erected nearer than 50 feet to any street or property line.

The sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot.

Schools. Special conditions include the following:

Same as Subsection B(1)(a) and (b) above.

Any such school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.

Any such school shall occupy a lot with an area of not less than one acre plus one acre for each 100 pupils for which the building is designed.

Philanthropic or eleemosynary institutions, hospitals or sanatoriums for general medical care. Special conditions include the following:

Same as Subsection B(1)(a) and (b) above.

Each such use shall occupy a lot which shall have an area containing not less than one acre.

Annual membership clubs providing outdoor recreational facilities, such as private playgrounds, swimming pools and tennis courts. Special conditions include the following:

Same as Subsection B(1)(a) and (b), above.

Any such club shall be incorporated pursuant to the provisions of the Not-for-Profit Corporation, Membership Corporation or the Benevolent Orders Law of the State of New York and cater exclusively to members and their guests, or shall be an unincorporated association approved by the Village Board and catering exclusively to members and their guests.

Any such use shall not be conducted as a business enterprise.

Such use shall occupy a lot with an area of not less than one acre.

The use of outdoor public-address systems for any purpose shall be only by special permit.

Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be only by special permit.

Railroad, public utility and television towers, rights-of-way and related structures necessary to serve areas within the Village, subject to such conditions as the Planning Board may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.

Cemeteries.

Bed-and-breakfast facilities, subject to the following conditions:

Facilities are clearly incidental and subordinate to the principal use of the dwelling as a residence.

The dwelling is occupied on a continual basis by the owner during rental periods.

The renting of rooms is limited to five rooms for lodging and serving of breakfast.

Not more than two individuals shall occupy a room for a maximum total of six casual and transient roomers.

Minimum lot size is 10,000 square feet.

Minimum house size is 2,000 square feet.

One off-street parking space is provided for each rental room.

Parking areas are designated and set back five feet from the boundary line.

(i)

Parking areas are screened from neighbors by fence or plantings with a minimum height of five feet.

(j)

The minimum size of a room is 120 square feet.

(k)

Each room has a window which can be opened, minimum window size to be four square feet. Windows shall comply with the New York State Uniform Fire Prevention and Building Construction Code (Part 714 - Openings for Emergency Use).

(l)

Guests to be transient with a maximum period of stay for any guest limited to one month.

Permitted accessory uses, limited to the following:

Customary home occupations, provided that:

No display of goods or signs is visible from the street, except as set forth in Subsection C(6) below.

Such occupation is incidental to the residential use of the premises and is carried on in the principal building by a resident therein with not more than two nonresident assistants.

Such occupation is carried on in an area not exceeding 30% of the area of the ground floor of the principal building.

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.

Professional office or studio of an architect, artist, dentist, real estate agent, engineer, lawyer, musician, teacher, physician, veterinarian or other professions of similar character, provided that:

Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than two nonresident assistants.

Such office or studio shall occupy not more than 30% of the area of the ground floor of the main building.

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.

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.

Veterinarians' offices shall not be located within 50 feet of any lot line, and no kennel, runway, exercise pen or similar animal housing shall be located within 100 feet of any lot line.

Garden house, tool house, playhouse, wading pool or swimming pool incidental to the residential use of the premises and not operated for gain, provided that swimming pools of any size and a depth in excess of six inches shall be subject to the following requirements:

The edge of the pool shall be kept a distance of not less than 20 feet from all property lines.

If located within 50 feet of any property line, such pool shall be screened from the view of abutting properties.

An adequate permanent fence or barrier shall be erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents, in accordance with Section 720.1 of the New York State Uniform Fire Prevention and Building Construction Code.

Swimming pools 100 square feet in area and having a depth of six inches shall require a permit and the payment of a fee.

Private garages. Two passenger automobile spaces in such garages may be leased to persons not resident on the premises.

The keeping of three customary household pets, but excluding the commercial breeding or keeping of the same.

The following signs, subject to § 150-15:

One nonilluminated nameplate or professional sign with an area of not over two square feet.

One temporary nonilluminated sign advertising the sale or rental of the premises on which such sign is situated, with an area of not over four square feet, provided that such sign is located on the front wall of a building or, if freestanding, then not nearer than 15 feet to any street line and to any property line.

One indirectly illuminated bulletin board or other announcement sign for educational or religious institutions permitted in Subsection B above, with an area of not over 10 square feet, provided that such sign is located not nearer than 15 feet to any street or property line or is attached to the building if closer.

Boats. Not more than four boats may be stored, docked, moored or anchored for more than 48 hours on any waters or adjoining waterways.

Yard sales, attic sales, garage sales, auction sales, porch sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following restrictions:

Not more than two such sales shall be conducted on any lot in any one calendar year.

Adequate supervised parking facilities shall be provided.

No signs, except one on-premises sign not larger than three feet by four feet in size, displayed for a period of no longer than one week immediately prior to the day of such sale, shall be permitted.

§ 150-8 R-2 One- and Two-Family Residence District.

A permit is obtained from the Building Inspector upon the payment of a fee of $5 or such other sum as may be determined from time to time by resolution of the Board of Trustees.

In an R-2 One- and Two-Family Residence District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except for the following:

Permitted uses.

Any use permitted in an R-1 One-Family Residence District as provided in § 150-7A.

Two-family dwelling.

Conditional uses. The following conditional uses are permitted, subject to approval by the Planning Board in accordance with §§ 150-29 and 150-30 hereof, and subject to the regulations specified below and elsewhere in this chapter:

Any use conditionally permitted in the R-1 Residence District as provided in § 150-7B, except cemeteries.

Conversion of a property to a multifamily dwelling unit, as provided in Article VII of this chapter, subject to the following conditions:

Said structure shall have contained on the effective date of this chapter not less than 1,000 square feet of livable floor area for each dwelling unit created.

The lot on which such structure is located shall contain a minimum of 15,000 square feet of lot area and shall contain at least 5,000 square feet of lot area for each dwelling unit.

One and one-half parking spaces shall be provided for each dwelling unit.

Permitted accessory uses. Any accessory use permitted in the R-1 One-Family District as provided in § 150-7C.

§ 150-9 CR Retail Commercial District.

In a CR Retail Commercial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except as listed below:

Permitted uses. Other than to the extent constituting a formula business (which business shall be permitted as a conditional use subject to the provisions of § 150-9B):

Retail stores, galleries, studios and banks.

Personal service stores and fitness facilities.

The following:

Take-out food establishments;

Restaurants which either:

Satisfy all of the following criteria:

[a]

The kitchen and any publicly accessed portions of such restaurant are located solely on the ground floor of a building;

[b]

The combined area of the kitchen and any publicly accessed portions of such restaurant do not exceed 1,500 square feet; and

[c]

To the extent that such restaurant includes outdoor seating, such restaurant provides for no more than eight seats outdoors; or

Were in existence as of the effective date Local Law 3 of 2023[1] and have not been the subject of a substantial expansion since such date, provided that any such restaurant shall constitute a permitted use solely to the extent of that it is operating in accordance with its approved site plan and any applicable conditional use permit in effect with respect to such restaurant as of the effective date of Local Law 3 of 2023; and

Editor's Note: Local Law No. 3-2023, which amended this Ch. 150 in its entirety, became effective upon its adoption on 10-19-2023.

Bars, tasting rooms and hotels or motels in existence as of the effective date of Local Law 3 of 2023,[2] so long as such use has not been the subject of a substantial expansion since such date, provided that any such business shall constitute a permitted use solely to the extent that it is operating in accordance with its approved site plan and any applicable conditional use approval in effect with respect to such business as of the effective date of Local Law 3 of 2023.

Editor's Note: Local Law No. 3-2023, which amended this Ch. 150 in its entirety, became effective upon its adoption on 10-19-2023.

Professional and business offices and government offices.

Non-personal-service establishments.

Theaters.

Outlets and pickup stations for laundries and cleaning establishments, excluding commercial laundries. Cleaning of wearing apparel or household efforts on the premises shall be permitted only if noncombustible solvent is used, except for the incidental removal of spots with combustible solvent.

Newspaper printing, including incidental job printing.

(9)

Fraternal lodges.

(10)

Mortuary and funeral parlors.

(11)

Apartment dwelling units located in principal buildings and, to the extent in existence as of the effective date of Local Law 3 of 2023,[3] in accessory buildings thereof, subject to the following standards and requirements:

Inspection by the Building Inspector to ensure compliance with all requirements of the New York State Uniform Fire Prevention and Building Code and all other applicable state and local regulations prior to the issuance of a building permit, certificate of occupancy or rental permit.

Apartments shall not be located on the first floor of principal buildings. Residential units in accessory buildings may be on any floor of such accessory building to the extent in existence as of the date of adoption of Local Law 3 of 2023.[4]

[4]

Editor's Note: Local Law No. 3-2023, which amended this Ch. 150 in its entirety, was adopted on 10-19-2023.

Such apartment shall only be available for lease for a term of not less than 12 consecutive months (subject to customary rights of a tenant and owner to terminate such lease early) and shall in no event be rented on a seasonal basis. In conjunction therewith, the property owner shall be required, on a biannual basis, to obtain a rental permit or renewal rental permit in accordance with § 103-6 of the Code. At the time of the filing for such permit, the property owner shall i) provide a copy of the lease or leases [which may be redacted with respect to personal details and other confidential information (such as pricing) in a form satisfactory to the Building Inspector but which shall not include redactions for any rights of termination or assignment in respect of the lease term] for the prior biannual period and any then-applicable lease, demonstrating that such apartment has been rented to the same occupant or occupants for a period of not less than 12 consecutive months and that the current occupant or occupants are not permitted to sublease such apartment for a period of less than the remaining term of such lease and ii) certify that such apartment has been, and will be made, only available for rent to persons intending to maintain a full-time residence in the Village during the term of such lease and not on a seasonal or temporary basis. If the owner of such property does not have executed lease documents evidencing the foregoing, it shall have the option to provide such other evidence in a form satisfactory to the Building Inspector demonstrating that the applicable apartment will be rented solely on a consecutive twelve-month basis and not on a seasonal basis going forward.

[3]

Editor's Note: Local Law No. 3-2023, which amended this Ch. 150 in its entirety, became effective upon its adoption on 10-19-2023.

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with § 150-29 and, to the extent applicable, § 150-30 hereof, and subject to the regulations specified below and elsewhere in this chapter:

Conditional uses permitted in § 150-7B(5).

Any use of a type otherwise permitted under § 150-9A that is a formula business.

Gasoline service stations (whether self-service or full service) and repair garages, subject to the following conditions:

No such use shall be permitted in a floodplain; and

Such gasoline service station or repair garage, as the case may be, complies with all of the requirements set forth in § 150-10A(3) and (8), to the extent applicable to service stations or repair garages.

Except to the extent expressly constituting a permitted use pursuant to § 150-9A, the manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products (whether intended to be sold on-site or otherwise).

Except to the extent expressly constituting a permitted use pursuant to § 150-9A(3), restaurants, bars, take-out food establishments and tasting rooms.

Except to the extent expressly constituting a permitted use pursuant to § 150-9A(3), motels and hotels, subject to the following conditions:

No motel or hotel shall be located on a property or lot that is within 200 feet of any property line of any other property that also contains an establishment being operated as a motel or hotel.

The occupancy of any room providing for accommodation or lodging in such motel or hotel shall be no greater than the lesser of i) the number of persons permitted to occupy such room pursuant to the Uniform Code and ii) four individuals.

The minimum size of rooms providing accommodation in any motel/hotel shall not be less than 200 square feet.

No existing apartment dwelling units will be displaced by such motel or hotel.

For motels or hotels located on Front Street or Main Street, guest check-in, dropoff and loading areas shall be located to the side or rear of such hotel and not on any part that abuts Front Street or Main Street.

For buildings located on Front Street or Main Street with a width greater than 50 feet, a minimum of 50% of the front facade of such building facing Front Street or Main Street shall be set aside as a separate occupiable storefront.

The following facilities or uses related to such hotel or motel may not be located within 25 feet of any residentially zoned area:

Dumpster, trash and recycling facilities (which shall in any event be required to be enclosed);

Loading docks and maintenance facilities; or

[3]

Outdoor pools, decks, patios or other similar outdoor areas provided for guest congregation.

To the extent that any motel/hotel plans on including an outdoor patio, deck, lounge or other similar outdoor space for the use by guests, the hours during which such space shall be available for use by guests shall commence no earlier than 8:00 a.m. and end no later than 10:00 p.m.

(i)

To the extent that any motel/hotel intends to provide entertainment (whether in the form of a disc jockey, live music or otherwise) from time to time, such motel/hotel shall have obtained an entertainment permit in accordance with § 150-51.

(j)

A traffic and safety impact analysis shall be required to be performed.

Permitted accessory uses.

Customary accessory uses, including off-street parking and loading facilities, subject to § 150-16, and signs, subject to § 150-15, and the following conditions:

Not more than one such sign shall be permitted for each tenant on the premises on each wall fronting on a street.

The aggregate area in square feet of all signs on any wall shall be not greater than two times the length in feet of such wall.

In addition, where the building is set back from the street line 25 feet or more, not more than one freestanding sign may be erected with a total area on all faces of not more than 40 square feet. Such sign shall not be erected nearer than six feet to any building nor encroach on any required side yard.

Outdoor dining, subject to site plan approval, which shall be a permitted accessory use to any indoor restaurant or take-out food establishment otherwise permitted under § 150-9A or B, subject to the following conditions:

The total number of seats, indoor and outdoor, shall not exceed the approved maximum number of seats per the certificate of occupancy, or where not specified, as determined by the Building Inspector by reference to the approved site plan and Village Code.

The total number of outdoor seats shall not exceed a maximum of eight seats unless otherwise approved by the Planning Board as part of a conditional use or site plan application for the related indoor restaurant.

Any outdoor dining area that is the subject of any roof covering of any kind shall be calculated as part of the total square footage of the applicable indoor restaurant for purposes of this chapter.

Hours of operation of an outdoor dining area shall be subject to site plan approval and an entertainment permit (if such permit is required).

Any outdoor dining area shall not extend onto any public sidewalk, roadway or right-of-way and shall not impede pedestrian or vehicular traffic, and:

The outdoor dining area may be required by the Planning Board to have nonpermanent barriers to delineate dining areas consisting of planters, stanchions or similar structures; and

Unless otherwise approved by the Planning Board, all tables and chairs used for outdoor dining shall be removed nightly and seasonally when not in active and continuous use.

§ 150-10 CG General Commercial District.

Entertainment and catered events held at any business constituting a permitted or approved conditional use pursuant to this § 150-9, to the extent the business at which such entertainment or catered event is being held is the recipient of a valid entertainment permit issued pursuant to § 150-51 to the extent required pursuant thereto.

All uses permitted in Subsections A and B [other than as expressly permitted with respect to restaurants and § 150-9B(6) above] shall be carried on in buildings fully enclosed on all sides, except for parking and loading facilities.

In a CG General Commercial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except those listed below:

Permitted uses.

Other than to the extent constituting a formula business (which business shall be permitted as a conditional use subject to the provisions of § 150-10B, any use permitted in the CR Retail Commercial District as provided in § 150-9A.

Service establishments furnishing services other than of a personal nature.

Self-service gasoline stations, subject to all of the provisions of § 150-10A(8), and the following additional requirements:

A service station which offers both self-service facilities and full service shall confine the self-service dispensing units to one service island with not more than three units, each of which may utilize up to two hoses and nozzles.

Self-service gasoline stations shall be protected by an automatic fire-protection system in the form of an approved system of dry-powder release which will act as an automatic fire extinguisher, or in a form in conformity with nationally recognized good practice and standards.

Self-service gasoline stations, whether totally or partly self-service, shall operate the self-service dispensing units only when there is at least one attendant working on the premises whose primary function shall be to supervise, observe and control the dispensing of motor fuels while said motor fuels are actually being dispensed.

It shall be the responsibility of the attendant to prevent the dispensing of motor fuels into portable containers which do not comply with any state, county and local requirements; to control sources of ignition; and to immediately handle accidental spills and fire extinguishers if needed. The attendant or supervisor on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed in this subsection. No attendant shall be less than 18 years of age.

The dispensing areas shall at all times be in clear view of the attendant, and the placing or allowing of any obstacles to come between the dispensing area and the attendant control area shall be prohibited. The attendant shall at all times be able to communicate with the persons in the dispensing area.

Self-service gasoline stations shall have all self-service dispensing units controlled by approved dispensing devices, such as coin- or card-operated, or remote-controlled types, such as computer consoles.

There shall be no latch-open device on any self-service dispensing nozzle.

Operating instructions shall be conspicuously posted on each self-service dispensing unit.

Light manufacturing, assembling, converting, altering, finishing or any other processing and incidental storage of products and materials.

Wholesaling, storing and warehousing, including building contractors, building supply and lumber yards.

Research and design laboratory.

Utility and public transportation facilities.

Motor vehicle sales, service stations and repair garages, subject to the following regulations:

The minimum lot size for such establishments shall be 7,500 square feet, and the minimum street frontage shall be 75 feet.

Entrance and exit driveways shall have an unrestricted width of not less than 16 feet and not more than 20 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public rights-of-way.

Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building enclosed on all sides.

All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 15 feet to any property line other than the street line.

No gasoline pumps shall be located nearer than 15 feet to any street line.

No building permit shall be issued for any such establishments within a distance of 200 feet of any school, church, hospital or other place of public assembly designed for occupancy by more than 50 persons, said distance to be measured in a straight line between the nearest points of each of the lots or premises regardless of the district where either premises are located.

Sale of used cars shall be conducted only as an accessory to new car sales.

(i)

Unused service station or commercial property must be enclosed to prevent unauthorized use.

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted, subject to approval by the Planning Board in accordance with § 150-29 and, to the extent applicable, § 150-30, hereof, and subject to the regulations specified below and elsewhere in this chapter:

Conditional uses permitted in § 150-7B(5).

Any use of a type otherwise permitted under § 150-10A that is a formula business.

Permitted accessory uses.

Customary accessory uses, including off-street parking and loading facilities subject to § 150-16, and signs, subject to § 150-15, and the conditions as stated in § 150-9C(1).

§ 150-11 WC Waterfront Commercial District.

Entertainment and catered events held at any business constituting a permitted or approved conditional use under this § 150-10, to the extent the business at which such entertainment or catered event is being held is the recipient of a valid entertainment permit issued pursuant to § 150-51 to the extent required pursuant thereto.

The objective of this district is to preserve, maintain and encourage water-dependent uses that have traditionally been associated with the Village waterfront and to accommodate water-enhanced commercial uses that are compatible with water-dependent uses. In the Waterfront Commercial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except those listed below.

Permitted uses. Other than to the extent constituting a formula business (which business shall be permitted as a conditional use subject to the provisions of § 150-11B):

Yacht clubs, marinas, docking facilities and fishing stations.

Municipal parks, municipal or government facilities and fraternal lodges.

Boat launching facilities.

Excursion boats.

Businesses principally engaged in the marine industry or in the manufacturing, fabrication and/or assembly of marine-related products.

Fish, shellfish and/or aquatic plant processing plants.

Retail and wholesale of seafood products or aquatic plant products.

Retail fuel storage and sales solely for boats.

(9)

Maritime museums.

(10)

Aquaculture facilities.

Conditional uses. Subject to review and receipt of approval by the Planning Board pursuant to § 150-29 and, to the extent applicable, § 150-30:

Hospitals.

Any use of a type otherwise permitted under § 150-11A that is a formula business.

Ferries and ferry terminals. Any existing ferry or ferry terminal used presently for vehicles may continue to permit vehicle travel on such ferries. Any expansion of the vehicle capacity or the location of vehicle embarkation or disembarkation shall require conditional use and site plan approval, in accordance with this chapter.

Permitted accessory uses.

Customary accessory uses, including off-street parking and loading facilities and offices related to the principal permitted use subject to § 150-16, and signs subject to § 150-15, and the conditions as stated in § 150-9C(1).

Entertainment and catered events held at any business constituting a permitted or approved conditional use under this § 150-11 to the extent the business at which such entertainment or catered event being held is the recipient of a valid entertainment permit issued pursuant to § 150-51 to the extent required pursuant thereto.

Public access and building coverage bonus. All uses, premises and structures should be designed to allow pedestrian access to and along the waterfront. An applicant who proposes to construct a permanent pedestrian walkway, a minimum of 10 feet in width, for public use along Greenport Harbor to Front Street, that is accepted by the Planning Board, shall be granted a bonus building coverage of 10% on the lot to be developed. The walkway shall be made available for public use under a mutually acceptable arrangement between the Village and the property owner.

§ 150-11.1 Park District.

In the PD (Park District), no building or grounds shall be used, and no building or grounds shall be erected or altered, without the approval of the Village Board of Trustees.

Permitted uses:

Nature trails.

Sports playing fields.

Firematic events.

Utility facilities, including necessary appurtenances, but not limited to:

Water towers.

Sewage treatment plants.

Electrical plants.

Municipally operated campsites.

Municipally operated trailer park.