A.
In all districts.
(1)
General provisions.
[Amended 7-22-1987 by L.L. No. 3-1987]
(a)
Accessory buildings, including garages, if detached
from a main building or if connected only by an open breezeway-type
structure, shall be not less than five feet from the main building.
(b)
The square-foot area of an accessory building
shall not exceed the following limitations:
(c)
The square-foot area of such accessory buildings
shall be included in the computation of lot coverage.
(d)
Such accessory buildings shall not exceed 16
feet in height, measured from the natural grade of the lot before
the placement of any material on the parcel to the highest point of
such building.
(e)
No such accessory building shall be constructed
with a cellar or below-grade story, and no heating shall be installed
in any part of such accessory building.
(f)
No part of any such building shall be designed
or used for sleeping purposes, and no cooking facilities shall be
placed or permitted therein.[1]
[1]
Editor's Note: Former Subsection A(1)(f),
regarding building permits for accessory buildings, was repealed 3-9-1990
by L.L. No. 5-1990. This local law also redesignated former Subsection
A(1)(g) and (h) as Subsection A(1)(f) and (g), respectively.
(g)
Any accessory building designated as a poolhouse
shall be located no further than 25 feet from the swimming pool to
which it shall be accessory.
(2)
A private garage may be constructed as a structural
part of a main building, provided that when so constructed, the garage
walls shall be regarded as the walls of the main building in applying
the front, rear and side yard regulations of this chapter.
(3)
Accessory buildings and structures, including private
garages, shall not be placed within a front yard, a required side
yard nor the total required side yards for a principal building.
[Amended 6-20-1989 by L.L. No. 10-1989; 3-14-2019 by L.L. No. 1-2019; 8-10-2023 by L.L. No. 14-2023]
(4)
An access driveway may be located within a required
yard.
(5)
Accessory off-street parking or truck loading areas
shall be improved in accordance with municipal specifications.
(6)
Required accessory off-street parking area or truck
loading space shall not be encroached upon by buildings, open storage
or any other use.
(7)
The storage of manure or of odor- or dust-producing
substances as an accessory use shall not be permitted within 50 feet
of any side or rear lot line or within 100 feet of any front lot line.
(8)
The keeping of more than two dogs more than six months
old in outdoor shelters or pens, or the keeping of any horses on the
premises, is prohibited, except for riding horses, which shall be
permitted in the following cases and subject to the following requirements:
[Amended 12-12-1975 by L.L. No. 8-1975; 9-13-2001 by L.L. No. 9-2001]
(a)
A temporary permit for one year may be issued
by the Building Inspector upon application to permit riding horses
on premises within the Village, provided that:
[1]
The vacant land on the premises which is the subject of the application is presently devoted to agricultural use or has been so used within a period of one year prior to the application or within one year of the first granting of a temporary permit. If the premises for which a temporary permit is requested shall not have been so devoted to agricultural use, then application may be made to the Board of Appeals for such permit. The Board may issue such a temporary permit for one year upon making a finding that the pertinent standards of § 116-22 of this chapter have been complied with, and shall impose such conditions as it may deem proper in order to prevent other nearby premises from being adversely affected.
[2]
The area of the lot upon which such accessory
use is to take place shall be not less than two acres, and the number
of horses shall be limited to one horse for each acre, with an overall
maximum of five horses. The Board of Appeals, on application, shall
have the power to vary this minimum area requirement to an extent
not exceeding 20%, provided that it finds that other conditions which
it shall impose shall be sufficient to prevent adjoining or nearby
premises from being adversely affected.
[3]
The stable, barn or shed used to shelter such
horses shall be located not less than 200 feet from a residence on
any adjoining premises and any building to house such horses shall
be located not less than 200 feet from a residence on any adjoining
premises; provided, however, that an application to the Board of Appeals
may be made to vary this requirement, which Board may grant such application,
provided that it finds that other conditions which it shall impose
shall be sufficient to prevent adjoining or nearby premises of others
from being adversely affected.
(b)
Prior to the expiration of such a temporary permit issued for one year, the permittee may apply to the Building Inspector for renewal thereof for a two-year period and thereafter subsequent renewals for successive two-year periods may be applied for and granted. Upon receipt of such renewal application or any subsequent renewal application, the Building Inspector shall make an inspection of the premises and review the nature and extent of the use, including any complaints made to the Building Inspector or other Village agencies regarding such use. If it appears from such review that adjoining or nearby premises have been adversely affected by such use, the renewal application shall be denied. The applicant may then apply to the Board of Appeals for a temporary permit for one year. Before the Board of Appeals shall issue such temporary permit, it shall make a finding that such standards of § 116-22 of this chapter as may be pertinent have been complied with and shall impose such other conditions as it may deem proper in order to prevent other nearby premises from being adversely affected. If the Board finds that other nearby premises have been and will continue to be adversely affected by the requested use, or that any condition theretofore imposed has been violated or that any violation of this chapter exists with respect to the premises, then the Board shall deny the temporary permit or renewal thereof.
(d)
The following requirements shall be applicable
in any case where a temporary permit has been issued:
[1]
All grain-type feed shall be kept in rodentproof
containers.
[2]
No manure shall be stored within 100 feet of
any boundary line, and all such manure shall be stored, treated and/or
removed in such a manner as not to create any odor or attract any
rodents, flies or other insects.
[3]
A roofless enclosure for such horses shall be
provided on the premises, which shall be located not less than 20
feet from any side or rear boundary line and not less than 75 feet
from any front boundary line. This provision may be varied on application
to the Board of Appeals, provided it finds that other conditions which
it shall impose shall be sufficient to prevent adjoining or nearby
premises from being adversely affected.
(9)
Breezeway-type connections.
[Amended 7-14-2000 by L.L. No. 5-2000]
(a)
Any building or structure connected to another
building by an unenclosed breezeway-type structure shall be deemed
to be a separate building or structure.
(b)
Any building connected to the main building
by an enclosed breezeway-type structure shall be deemed to be a separate
building if the width of the breezeway is less than 1/2 of the length
of the breezeway. No part of the main building shall be connected
to another part of the main building by an unenclosed breezeway-type
structure. No part of the main building shall be connected to another
part of the main building by a breezeway-type structure which is not
enclosed with a roof and sides. No part of the main building shall
be connected to another part of the main building by an enclosed breezeway-type
structure having a width which is less than 1/2 of the length of the
breezeway.
(c)
A part of the main building may be connected
to another part of the main building by an enclosed breezeway-type
structure, provided that the breezeway is enclosed with a roof and
sides, and provided that the width of the breezeway is at least 1/2
of the length of the breezeway.
(10)
A swimming pool shall be deemed a structure and subject
to the provisions of this chapter relating to structures. Such a swimming
pool may be installed and maintained on a lot in any district as an
accessory use for purposes customarily incidental to the principal
use conducted on the lot, provided that:
(a)
Such pool is installed in the rear yard or a side yard of the
premises (if the pool is an outdoor swimming pool).
[Amended 3-14-2019 by L.L. No. 1-2019; 8-10-2023 by L.L. No. 14-2023]
(b)
Such pool is completely enclosed by a fence
or wall not less than four feet in height, which shall be so constructed
as not to have openings, holes or gaps larger than four inches in
any dimension, except for doors and gates. Such doors or gates shall
be equipped with self-closing and self-latching devices for keeping
the gates or doors securely closed when not in actual use. A dwelling
or accessory building may be used as part of the required enclosure.
The door of a dwelling which forms a part of the enclosure need not
be equipped with a self-closing and self-latching device.
(c)
Such pool shall not be installed nearer than
20 feet to any lot line.
(d)
The area of the swimming pool shall be included
in computing the building area of the lot for the purpose of determining
compliance with the maximum building area percentage requirements
of this chapter.
(e)
A lot shall not contain more than one swimming
pool.
[Added 6-23-1998 by L.L. No. 4-1998]
(11)
A tennis court shall be deemed a structure and subject
to the provisions of this chapter relating to structures. Such a tennis
court may be installed and maintained on a lot in any district as
an accessory use for purposes customarily incidental to the principal
use conducted on the lot, provided that:
[Added 4-11-1980 by L.L. No. 1-1980]
(a)
Such tennis court is installed in the rear yard or a side yard
of the premises (if the tennis court is an outdoor tennis court).
[Amended 3-14-2019 by L.L. No. 1-2019; 8-10-2023 by L.L. No. 14-2023]
(b)
Such tennis court shall not be installed nearer
than 20 feet to any lot line.
(c)
The area of the tennis court shall be included
in computing the building area of the lot for the purpose of determining
compliance with the maximum building area percentage requirements
of this chapter.
[Amended 4-9-1999 by L.L. No. 1-1999]
(d)
No lights or other illumination of any kind
shall be installed, used or maintained in connection with the use
or maintenance of an outdoor tennis court.
(e)
The fencing or barrier around a tennis court
shall not exceed eight feet in height at the ends and for a distance
from the ends of 20 feet on the sides toward the center, and, except
for such parts of the side, the height along the side shall not exceed
four feet. Such height shall be measured from the playing surface.
[Added 4-22-1986 by L.L. No. 4-1986]
(f)
No permit for the construction of a tennis court
shall be issued until the site and landscape plan therefor shall have
been approved by the Building Inspector. Such plan shall provide,
among other things, for the screening of such tennis court and its
fence from the view from adjoining parcels, and the required landscaping
shall, unless otherwise specifically provided, be deemed to be a continuing
condition to use of the tennis court. The Building Inspector, in consultation
with the Planning Board, shall adopt and publish minimum landscape
and screening specifications, including the sinking of the tennis
court and provisions for adequate drainage to control stormwater runoff.
The Building Inspector shall refer such plan to the Planning Board
for its review and approval in the event the Building Inspector finds
that the owner's plan does not provide adequate screening, buffering
and/or stormwater runoff controls, or if the owner seeks to vary the
specifications.
[Added 4-22-1986 by L.L. No. 4-1986; amended 7-23-2019 by L.L. No. 8-2019]
(g)
A lot shall not contain more than one tennis
court.
[Added 6-23-1998 by L.L. No. 4-1998]
(12)
Supplemental accessory use regulations applicable
to livestock.
[Added 7-8-1983 by L.L. No. 6-1983; amended 9-13-2001 by L.L. No. 9-2001]
(a)
The keeping, raising or harboring of horses for personal use or other accessory purpose is prohibited in all districts, except for riding horses to the extent permitted by and subject to the requirements of § 116-9A(8).
(b)
The keeping, raising or harboring of all other livestock (all livestock other than horses) for personal use, personal consumption or other accessory purpose is prohibited in all districts, except to the extent permitted by and subject to the requirements of § 116-9A(12)(c).
(c)
A temporary permit for one year may be issued
by the Board of Trustees, upon application to the Board of Trustees,
to permit the keeping, raising or harboring of small numbers of livestock
(other than horses) for personal use, personal consumption or other
accessory purpose on premises used for agricultural or residential
use. The following provisions shall be applicable to a temporary permit
to permit such use.
[1]
Such temporary permit shall not be issued unless
the Board of Trustees finds as follows: that such use will be in harmony
with and promote the general purposes and intent of this chapter;
that the lot area is sufficient, appropriate and adequate for such
use; that such use will be compatible with adjoining and nearby residential
use; that such use will not produce an undesirable change in the character
of the neighborhood; that such use will not adversely affect adjoining
or nearby premises; that adequate buffer yards and screening are provided
where necessary to protect adjoining or nearby premises.
[2]
In determining whether to grant or deny an application
for such temporary permit, the Board of Trustees may consider all
matters related to the public health, safety and general welfare.
[3]
The burden of proof shall be on the applicant
to establish that such use meets the standards for issuance of such
temporary permit and to establish that issuance of such temporary
permit is consistent with the public health, safety and general welfare.
There shall be no presumption that such use is generally compatible
with adjoining or nearby residential use.
[4]
The area of the lot upon which such use is to
take place shall be not less than 60,000 square feet. The Board of
Trustees shall have the power to modify and reduce said minimum lot
area requirement on a particular application, provided that the Board
finds that said minimum lot area requirement as applied to the circumstances
of a particular application is not requisite in the interest of the
public health, safety and general welfare, and provided that the Board
finds that other conditions which it shall impose shall be sufficient
to prevent adjoining or nearby premises from being adversely affected.
[5]
If the Board of Trustees grants an application
for such temporary permit, the Board shall impose such conditions
as it may deem proper in order to prevent adjoining or nearby premises
from being adversely affected and in order to protect the public health,
safety and general welfare.
[6]
If the Board of Trustees grants an application
for such temporary permit, the Board shall impose a condition limiting
the number and type of livestock permitted on the premises.
[7]
If the Board of Trustees grants an application
for such temporary permit, the Board shall impose a condition requiring
that the livestock be kept at all times in an appropriate enclosure
sufficient to assure that the livestock cannot escape from such enclosure,
and the Board shall impose a condition establishing appropriate setback
requirements for such enclosure.
[8]
Any violation of the conditions imposed incident to granting an application for such temporary permit shall be deemed a violation of this chapter, punishable under the provisions of § 116-40.
[9]
Prior to the expiration of such a temporary
permit issued for one year, the permittee may apply to the Building
Inspector for renewal thereof for a one-year period and thereafter
for subsequent renewals for successive one-year periods. Upon receipt
of such renewal application or any subsequent renewal application,
the Building Inspector shall make an inspection of the premises and
review the nature and extent of the use, including any complaints
made to the Building Inspector or other Village agencies regarding
such use. If it appears from such review that adjoining or nearby
premises have not been adversely affected by such use and that no
violation of applicable conditions has occurred, the Building Inspector
may renew such temporary permit for one year. If it appears from such
review that adjoining or nearby premises have been adversely affected
by such use or that a violation of applicable conditions has occurred,
the Building Inspector shall deny the renewal application. If the
Building Inspector denies the renewal application, the applicant may
apply to the Board of Trustees for a new temporary permit for one
year.
[10]
The keeping, raising or harboring of any livestock
pursuant to a temporary permit shall only be permitted so long as
a temporary permit for same is in full force and effect.
[11]
The fee for temporary permit applications (including
renewal applications) shall be as established from time to time by
resolution of the Board of Trustees.
[12]
Temporary permit applications shall constitute
a Type II action under SEQRA.
[13]
Prior to taking action on any temporary permit application, the Board of Trustees shall hold a public hearing thereon. Public notice of said hearing shall be required in the same manner as provided for in § 116-25B(1) and (4).
(d)
Compulsory termination of nonconforming uses.
[1]
Anything to the contrary in this chapter notwithstanding,
in any situation in which the keeping, raising or harboring of any
livestock (other than horses) for personal use, personal consumption
or other accessory purpose lawfully exists as of the effective date
of this provision, such use (the keeping, raising or harboring of
any such livestock other than horses for personal use, personal consumption
or other accessory purpose) shall become an unlawful use on the date
90 days after the effective date of this provision and shall thereupon
be terminated, and any continuation of such use thereafter shall constitute
a violation of this chapter.
[2]
This compulsory termination provision is not intended to preclude the owner of any premises used for such use (the keeping, raising or harboring of any such livestock other than horses for personal use, personal consumption or other accessory purpose) as of the effective date of this provision from making application to the Board of Trustees for a temporary permit pursuant to § 116-9A(12)(c). However, it is the intent of this compulsory termination provision that any such existing use (existing as of the effective date of this provision) shall be deemed to be a nonconforming use as of the effective date of this provision, that such nonconforming use shall become an unlawful use on the date 90 days after the effective date of this provision and shall thereupon be terminated, and that any continuation of such nonconforming use thereafter shall constitute a violation of this chapter. If an application by such owner (the owner of any premises used for such nonconforming use as of the effective date of this provision) for such temporary permit is made and granted, the use permitted by such temporary permit shall be deemed to be a new use (rather than continuation of the existing nonconforming use) as of the date of issuance of said temporary permit, said new use being a permitted use to the extent permitted by and subject to the requirements of said temporary permit and § 116-9A(12)(c).
(13)
A parabolic dish antenna for the reception of television
signals and other similar dish antennas having a diameter in excess
of three feet, located outside of a building, are hereby prohibited.
Such an antenna having a diameter not exceeding three feet and not
elevated more than one foot above ground level is permitted as an
accessory structure, provided that it is screened in such a manner
as not to be visible from adjacent streets and property lines when
viewed from six feet above ground level.
[Added 3-9-1984 by L.L. No. 2-1984]
(14)
Garbage, trash, rubbish and refuse, when stored outside
a building, shall be placed in securely fastened containers, and such
containers shall be placed only in a side or rear yard, and in no
event shall the same be placed any nearer than 30 feet from the street
line of a parcel.
[Added 11-24-1987 by L.L. No. 5-1987]
|
NOTE: Pursuant to L.L. No. 5-1989, adopted 6-14-1989, the provisions of this Subsection A(14) have been suspended, to the extent of a resolution adopted 6-20-1989, as detailed below, with the proviso that they may be reinstituted upon resolution of the Board in the event that the suspension appears to be adverse to the public health, safety and welfare. This local law also provided that the Board of Trustees may, by resolution (without prior public notice or hearing), suspend any provisions of Chapter 116 within any part or all of the Village if the Board of Trustees finds that such suspension would be in the public interest in order to assist implementation of any mandatory recycling program established by the Town of Southampton. Any such suspension resolution shall specify the part of Chapter 116 which is suspended and the terms and conditions of the suspension, including the period of the suspension. Any such suspension resolution may provide for such suspension only under particular circumstances and/or only on a particular day or days. Pursuant to a resolution adopted 6-20-1989, the provisions of § 116-9A(14) are suspended to the following extent:
| ||
|
1.
|
Newspapers, bundled and cross-tied in
the manner required by the Town of Southampton, may be placed at the
street line of the owner's or occupant's parcel within the Village.
| |
|
2.
|
Such bundles of newspapers may be placed
adjacent to the street only after 7:00 p.m. on the day before the
day designated by the town for curbside pickup (presently, alternate
Thursdays beginning June 15, 1989).
| |
|
3.
|
In the event that such bundle is not picked up on the designated day, it shall not be left at the street but shall be removed therefrom and placed as required by § 116-9A(14) no later than 9:00 a.m. on the following day.
| |
(15)
All man-made bodies of water, including fish ponds
and decorative ponds, regardless of size or depth, shall be deemed
structures and shall be fenced or enclosed as required for swimming
pools.
[Added 6-20-1989 by L.L. No. 6-1989]
B.
In residence districts.
(1)
Accessory off-street parking areas.
[Amended 8-13-2009 by L.L. No. 4-2009]
(a)
Accessory off-street parking areas may be located in required front,
side or rear yards, provided that they are set back at least five
feet from all property lines in required front and side yards and
at least 10 feet from all property lines in a required rear yard.
[Amended 7-21-2015 by L.L. No. 3-2015]
(b)
No accessory off-street parking area shall be constructed or installed
without a permit therefor from the Building Inspector. Application
for such permit shall include a parking layout plan and landscape
plan for the purpose of minimizing any adverse impact on the neighborhood
or community. Such permit shall not be issued until a parking layout
plan and landscape plan designed to minimize any adverse impact on
the neighborhood or community shall have been approved by the Building
Inspector. Unless otherwise specifically provided in the permit, the
required landscaping approved by the Building Inspector shall be deemed
to be a continuing condition to use of the accessory off-street parking
area.
[Amended 7-21-2015 by L.L. No. 3-2015]
(c)
The filing fee for an application for such permit shall be $150 or
such other amount as the Village Board of Trustees may hereafter fix
and establish from time to time by resolution.
C.
In nonresidential districts.
(1)
Accessory off-street parking areas may be located in required front, side or rear yards, provided that they are set back at least 10 feet from all property lines, and further provided that they do not encroach upon required transitional yards established in accordance with § 116-11D(7) of this chapter.
D.
Supplemental accessory use regulations applicable
to a retail store or shop.
[Added 9-19-1995 by L.L. No. 6-1995]
(1)
The sale or service of food for consumption on the
premises shall constitute a prohibited accessory use, except as otherwise
hereinafter expressly allowed. No accommodations for on-premises consumption
of food shall be provided, except as otherwise hereinafter expressly
allowed.
(2)
The sale or service of alcoholic beverages for consumption
on the premises shall constitute a prohibited accessory use.
(3)
The sale or service of food for consumption on the
premises shall constitute a permitted accessory use to a retail food
store or shop in the VB District, provided that the principal use
(that is, the main use) and such accessory use comply with the provisions
hereinafter set forth. A retail food store or shop in the VB District
may provide accommodations for on-premises consumption of food as
an accessory use, provided that the principal use and such accessory
use comply with the provisions hereinafter set forth.
(a)
The principal use shall be a retail store or
shop whose primary business activity consists of retail sale of food
to the public for consumption off the premises.
(b)
Such accessory use shall be clearly subordinate
and incidental to the principal use.
(c)
Such accessory use shall not be commenced unless
and until a certificate of occupancy or certificate of compliance
for such accessory use has been obtained from the Building Inspector.
(d)
The application for such certificate shall include
the following:
[1]
A floor plan showing the proposed layout of
the total floor area of the retail store or shop (including the portion
to be devoted to the principal use and the portion to be devoted to
such accessory use), which shall clearly delineate the proposed accommodations
for on-premises consumption of food.
[2]
Such information as the Building Inspector may
deem necessary in order to establish compliance with the applicable
provisions of this chapter.
[3]
Such information as the Building Inspector may
deem necessary in order to establish compliance with the applicable
provisions of the State Uniform Fire Prevention and Building Code.
[4]
A permit to operate a food establishment issued
by the Suffolk County Department of Health Services or, in the event
that the applicant claims that the Suffolk County Sanitary Code does
not require such a permit, proof establishing that such a permit is
not required.
(e)
A certificate of occupancy or certificate of
compliance for such accessory use shall identify and refer to the
floor plan layout approved by the Building Inspector in connection
with issuance of such certificate. Such accessory use shall be conducted
in accordance with the approved floor plan layout, and no accommodations
for on-premises consumption of food shall be provided except as shown
on the approved floor plan layout. No alterations or modifications
shall be made with respect thereto unless and until a floor plan layout
showing the revisions has been approved by the Building Inspector
and a new certificate of occupancy or certificate of compliance therefor
(identifying and referring to such approved layout) has been issued
by the Building Inspector.
(f)
The accommodations for on-premises consumption
of food may consist of table or counter seating or table or counter
standing. The extent of such accommodations shall be clearly delineated
and limited so as to be clearly subordinate and incidental to the
principal use.
(g)
Such accessory use may include nonalcoholic
beverages but shall not include alcoholic beverages.
(h)
Off-street parking spaces shall be provided
for such accessory use. The number of off-street parking spaces required
for such accessory use shall be one space per three persons accommodated
by the accommodations for on-premises consumption of food.
(i)
The off-street parking space requirement set forth in § 116-9D(3)(h) above shall be deemed to be set forth in § 116-14D, and such accessory use shall be deemed to be a component use for the purpose of determining off-street parking space requirements pursuant to § 116-14B.
(j)
Off-street parking spaces shall be provided for such accessory use in accordance with § 116-9D(3)(h) above, whether or not the retail store or shop is exempt from providing off-street parking spaces pursuant to § 116-14J. It is intended by this provision that the number of off-street parking spaces required by § 116-9D(3)(h) above shall be provided, notwithstanding any provision to the contrary in § 116-14J.
E.
Supplemental accessory use regulations applicable
to a restaurant.
[Added 4-20-1999 by L.L. No. 2-1999]
(1)
Outdoor dining shall constitute a prohibited accessory
use to a restaurant, except as otherwise hereinafter expressly allowed.
Outdoor dining shall constitute a special exception accessory use
to an existing restaurant in the VB District.
(2)
Outdoor dining as a special exception accessory use to an existing restaurant in the VB District shall require special exception use approval pursuant to Article IV of this chapter. Such use shall also require site plan approval.
(3)
Outdoor dining as a special exception accessory use to an existing restaurant in the VB District shall require compliance with the special conditions and safeguards set forth in § 116-23B(25). Outdoor dining as a special exception accessory use to an existing restaurant in the VB District shall also require compliance with the applicable general standards set forth in § 116-22.
(4)
Where an existing restaurant in the VB District is located on a parcel situate within 500 feet of a public parking lot owned or operated by the Village, outdoor dining as a special exception accessory use to said restaurant shall not require compliance with the standard set forth in § 116-22I (off-street parking spaces), and said restaurant shall not be required to provide off-street parking spaces for said accessory use.
(5)
Where an existing restaurant in the VB District is located on a parcel situate more than 500 feet from a public parking lot owned or operated by the Village, outdoor dining as a special exception accessory use to said restaurant shall require compliance with the standard set forth in § 116-22I (off-street parking spaces), and said restaurant shall be required to provide off-street parking spaces for said accessory use. The number of off-street parking spaces required for said accessory use shall be one space per three seats.
(6)
Valet parking for outdoor dining as a special exception
accessory use to an existing restaurant in the VB District (to wit,
provision for parking, via valet service on a lot other than the parcel
on which said restaurant is located) shall not be deemed to constitute
providing off-street parking spaces.
(7)
Expiration and annual renewal.
(a)
Pursuant to § 116-23B(25), all special exception authorizations for outdoor dining as an accessory use to an existing restaurant in the VB District shall expire on January 1 of the year following their issuance. A special exception authorization for such accessory use may be annually renewed and reissued (to expire on January 1 of the following year) by resolution of the Board of Appeals without a further public hearing, provided that:
[1]
A written request for such renewal and reissuance
has been filed with the Building Inspector for transmittal to the
Board of Appeals; and
[2]
The Building Inspector has issued a written
report to the Board of Appeals reporting that the Building Inspector
did not observe any violations of applicable conditions during the
preceding year; and
[3]
The Police Department has issued a written report
to the Board of Appeals reporting whether any complaints regarding
outdoor dining activities have been made to the Police Department
during the preceding year.
(b)
Except as otherwise set forth above, annual
renewal and reissuance (to expire on January 1 of the following year)
of a special exception authorization for such accessory use shall
require a formal application and public hearing. Renewal shall not
be denied without a public hearing.
F.
Supplemental accessory use regulations applicable
to garage sales as an accessory use to a residence.
[Added 11-23-1999 by L.L. No. 7-1999]
(1)
Pursuant to other provisions of this chapter, a customary accessory use to a residence is permitted (except those which are prohibited by this chapter). It is the intent of this Subsection F to recognize that a garage sale which is clearly subordinate to and customarily incidental to a residence is a customary accessory use to a residence and to regulate and restrict such customary accessory use. It is not the intent of this Subsection F to permit as an accessory use to a residence any type of sale which is not clearly subordinate to and customarily incidental to a residence, or any type of sale which is prohibited by other provisions of this chapter.
(2)
GARAGE SALE
As used herein, the term "garage sale" shall have
the meaning indicated:
The casual sale of tangible personal property to the public
at a residence by the resident thereof (including sales from the yard
or lawn on the property where the residence is located, sales from
a garage or accessory building on the property where the residence
is located and sales from the residence), provided that such sale
is clearly subordinate to and customarily incidental to residential
use and is not prohibited by other provisions of this chapter.
(3)
Garage sales shall offer only used items of personal
property owned by the resident of the property where the sale is held.
No new merchandise shall be offered for sale.
(4)
Garage sales shall not commence before 8:00 a.m. and
shall terminate by 6:00 p.m.
(5)
A garage sale shall not extend for a period of more
than three consecutive days.
(6)
No more than two garage sales shall be conducted at
a residence by the resident thereof in any one calendar year. A garage
sale which extends for a period not exceeding three consecutive days
shall be deemed to be one garage sale.
In any district, agricultural and gardening
uses shall comply with the following requirements:
A.
Cover crops shall be planted or sown on all cultivated
land of one acre or more within two weeks of the date when crops are
harvested therefrom and in no event later than October 30 of any year.
Such crops shall be grown and maintained in such condition as to protect
the soil against wind erosion at all times to the full extent possible
after the use of such due diligence as a reasonably prudent farmer
or gardener would employ or exercise under all circumstances.
B.
During the months of July and August, motor-driven
machinery used in connection with working the land shall not be employed
on any weekday before 6:00 a.m. or after 9:00 p.m. or at any time
on Sundays, except with the specific approval of the municipal governing
body.
A.
With respect to lot area. The minimum required lot area shall not include any underwater or tidal lands below the mean high-tide level, except that in a Tidal Wetland and Ocean Beach Overlay District, marshlands customarily flooded at high tide may be included as a part of such required lot area pursuant to the provisions of § 116-7 of this chapter.
B.
With respect to lot coverage. The calculation of the
percentage of lot coverage shall include those lot areas covered by
temporary structures and open storage of more than an incidental transitory
character.
C.
With respect to lot width. The minimum lot width at the street line shall be at least 40 feet in all districts, except in those districts where there is no minimum lot area requirement, where the minimum width at the street line shall be 20 feet and also in the case of flagpole lots, where the minimum lot width at the street line shall be 20 feet. Notwithstanding the foregoing, in the case of flagpole lots created after the effective date of § 116-11F(7), the minimum lot width at the street line shall be as provided in § 116-11F(7).
[Amended 9-23-2003 by L.L. No. 6-2003]
D.
With respect to yards.
(1)
The following accessory structures may be located
in any required front or rear yard:
(2)
The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection D(1) above and the following:
(3)
Every part of a required yard shall be open to the
sky, unobstructed except for retaining walls and for accessory buildings
in a rear yard, and except for the ordinary projection of sills, belt
courses and ornamental features projecting not to exceed six inches.
Cornices and eaves shall not project more than 18 inches.
(4)
Open or lattice-enclosed fireproof fire escapes or
stairways, required by law, projecting into a yard not more than four
feet, and the ordinary projections of chimneys and pilasters shall
be permitted by the Building Inspector when placed so as not to obstruct
light and ventilation.
(5)
Where a lot extends through from street to street,
the applicable front yard regulations shall apply on both street frontages.
(6)
The lot area and width of a lot improved with an existing
residence located in a district in which a new dwelling is not a permitted
or special exception use shall not be reduced in area or width below
the minimum required for the R-20 Residence District nor below that
required for the district in which it is located, whichever is greater.
If the lot area of such a lot is reduced the lot coverage, width,
height and yard requirements of the R-20 Residence District shall
apply to the lot containing the existing residence.
(7)
The following minimum required transitional yards
and screening shall be provided within nonresidential districts in
order to assure orderly and compatible relationships along certain
boundary lines:[3]
(a)
Adjoining residential districts.
[1]
Minimum required transitional side and rear yards shall be 50 feet and the minimum required screening with such transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Board of Appeals, subject to the applicable provisions of § 116-27 of this chapter, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
[2]
Notwithstanding the foregoing, the minimum required transitional side and rear yards shall be 20 feet where HA Hospital Accessory property abuts a residential district. The minimum screening therein shall be as provided in Subsection D(7)(a)[1] above.
[Added 5-25-1993 by L.L. No. 2-1993; amended 6-22-1993 by L.L. No. 3-1993]
(b)
Adjoining limited access highways.
[1]
The minimum required transitional front yard
shall be 20 feet and the minimum required screening within such transitional
front yard shall be landscaped plantings, including evergreen shrubs
not less than one foot nor more than three feet high and street trees
in accordance with municipal specifications.
E.
With respect to front yards in residence districts
on certain lots having frontage on more than one street.
[Added 1-14-2000 by L.L. No. 1-2000]
(1)
As used herein, the following terms shall have the
indicated meanings to the extent indicated:
(a)
Nonaccess private road. Where a lot fronts on
a private road but does not have a legal right of access to such private
road, such private road shall be deemed a nonaccess private road in
relation to said lot.
(b)
Access private road. Where a lot fronts on a
private road and does have a legal right of access to such private
road, such private road shall be deemed an access private road in
relation to said lot.
(2)
Where a lot in a residence district fronts on a nonaccess
private road and another street (an access private road or a public
road):
(a)
The applicable front yard regulations shall
apply on the frontage on such other street (the access private road
or public road).
(b)
The front yard regulation applicable to the
principal building shall also apply on the frontage on the nonaccess
private road.
(c)
The front yard regulations applicable to accessory
buildings and structures shall not apply on the frontage on the nonaccess
private road. For purposes of placement of accessory buildings and
structures on such lot, the lot line fronting on the nonaccess private
road shall be deemed to be a rear lot line or a side lot line (rather
than a front lot line), but the minimum required setback from the
lot line fronting on the nonaccess private road shall be 10 feet more
than the minimum distance from side and rear lot lines applicable
to accessory buildings and structures.
(3)
Intent.
(a)
Pursuant to other provisions of this chapter,
where a lot fronts on more than one street (such as a corner lot or
a lot extending through from street to street), the applicable front
yard regulations apply on both street frontages. The applicable front
yard regulations include the front yard regulation applicable to the
principal building (the minimum required front yard or street setback
for the principal building). The applicable front yard regulations
also include the front yard regulations applicable to accessory buildings
and structures (the minimum required street setback for accessory
buildings and structures and the provision which prohibits accessory
buildings and strictures within a front yard).
(b)
In the absence of Subsection E, the applicable front yard regulations would apply on both street frontages even in cases where one of the streets is a private road to which the lot does not have a legal right of access. Where a lot in a residence district fronts on a nonaccess private road and another street, it is the intent of Subsection E that the front yard regulation applicable to the principal building shall still apply on both street frontages, but that the front yard regulations applicable to accessory buildings and structures shall only apply on the frontage on such other street (the access private road or the public road). In exempting the frontage on the nonaccess private road from the front yard regulations applicable to accessory buildings and structures, it is the intent of Subsection E to establish a minimum setback requirement from the lot line fronting on the nonaccess private road for accessory buildings and structures which is greater than (10 feet more than) the minimum distance from side and rear lot lines applicable to accessory buildings and structures.
F.
With respect to flagpole lots:
[Added 6-12-2003 by L.L. No. 4-2003]
(1)
The land area within the pole portion of a flagpole
lot shall be excluded in determining the lot area of a flagpole lot.
(2)
One of the internal lot lines of a flagpole lot shall
be designated as the front lot line to be used for determination of
lot width and the required front yard. The internal lot line opposite
the designated front lot line shall constitute the rear lot line,
and the other internal lot lines shall constitute side lot lines.
The applicable front yard and distance from street requirements shall
apply to the designated front lot line.
(3)
The Planning Board may designate one of the internal
lot lines of a flagpole lot as the front lot line incident to granting
subdivision approval involving a flagpole lot or incident to granting
site plan approval for a flagpole lot. If the Planning Board does
not so designate the front lot line, then the owner of the flagpole
lot shall designate the front lot line.
(4)
No flagpole lot shall be permitted in the R-7.5 Residence
District unless it has a lot area of at least 20,000 square feet.
No flagpole lot shall be permitted in the R-12.5 Residence District
unless it has a lot area of at least 20,000 square feet. No flagpole
lot shall be permitted in the R-20 Residence District unless it has
a lot area of at least 30,000 square feet. No flagpole lot shall be
permitted in the R-40 Residence District unless it has a lot area
of at least 60,000 square feet. No flagpole lot shall be permitted
in the R-60 Residence District unless it has a lot area of at least
80,000 square feet. No flagpole lot shall be permitted in the R-80
Residence District unless it has a lot area of at least 100,000 square
feet. No flagpole lot shall be permitted in the R-120 Residence District
unless it has a lot area of at least 150,000 square feet.
[Amended 9-23-2003 by L.L. No. 6-2003]
(5)
In the case of a flagpole lot having a lot area of less than 20,000 square feet, the yard requirements (including front, side and rear yard requirements for a principal building and distance from street, side lot line and rear lot line requirements for accessory buildings and structures) applicable to lots having a lot area of 20,000 square feet or greater but less than 40,000 square feet (see § 116-11.1 for such requirements) shall apply to such flagpole lot having a lot area of less than 20,000 square feet.
[Amended 9-23-2003 by L.L. No. 6-2003; 4-8-2005 by L.L. No. 2-2005]
(6)
No building permit shall be issued for a flagpole lot until a landscape
plan therefor shall have been approved by the Building Inspector.
Such plan shall provide for adequate screening and buffering of the
flagpole and driveway portion of the lot in relation to adjacent lots.
The required screening and buffering shall be deemed to be a continuing
condition to use of the flagpole lot. The Building Inspector, in consultation
with the Planning Board, shall adopt and publish minimum landscape
and screening specifications. The Building Inspector shall refer such
plan to the Planning Board for its review and approval in the event
the Building Inspector finds that the owner's plan does not provide
adequate screening and buffering, or if the owner seeks to vary the
specifications.
[Amended 7-23-2019 by L.L. No. 8-2019]
(7)
In the case of flagpole lots created after the effective
date of this provision, the minimum lot width at the street line shall
be 25 feet, and the minimum width of the pole portion along its entire
length (from the street line to the flag portion) shall be 25 feet.
[Note: The "effective date of this provision" means the effective
date of the local law enacting this provision.]
[Added 9-23-2003 by L.L. No. 6-2003]
[Added 4-8-2005 by L.L. No. 2-2005]
A.
Except as otherwise hereinafter provided, the minimum
yard dimensional regulations (including front, side and rear yard
requirements for a principal building and distance from street, side
lot line and rear lot line requirements for accessory buildings and
structures) within all one-family residence districts (the R-120,
R-80, R-60, R-40, R-20, R-12.5 and R-7.5 Residence Districts) and
the MF-20 Multifamily Residence District shall be based on the lot
area of the lot and shall be as set forth in the following table:
[Amended 4-13-2017 by L.L. No. 2-2017]
|
Table of Yard Regulations in Certain Residence
Districts
[Amended 11-10-2005 by L.L. No. 7-2005] | |||||
|---|---|---|---|---|---|
|
Lot Area (square feet)
| |||||
|
Less Than 12,500
|
12,500 or Greater, but Less Than 20,000
|
20,000 or Greater, but Less Than 40,000
| |||
|
Yards, principal building, minimum (feet)
| |||||
|
Front
|
25
|
30
|
40
| ||
|
Side, minimum for 1a
| |||||
|
Side, total for both on interior lota
| |||||
|
Side, abutting side street on corner lot
|
25
|
30
|
40
| ||
|
Rear
|
25
|
35
|
60
| ||
|
Yards, accessory buildings and structures, minimum
(feet)
| |||||
|
Distance from street
|
35
|
40
|
50
| ||
|
Distance from side and rear lot lines
|
10
|
10
|
15
| ||
|
NOTES:
| |
|---|---|
|
a.
|
Such yard regulations are set forth in § 116-11.1D.
|
|
Table of Yard Regulations in Certain Residence
Districts
| ||||
|---|---|---|---|---|
|
Lot Area (square feet)
| ||||
|
40,000 or Greater, but Less Than 60,000
|
60,000 or Greater, but Less Than 80,000
|
80,000 or Greater
| ||
|
Yards, principal building, minimum (feet)
| ||||
|
Front
|
60
|
80
|
80
| |
|
Side, minimum for 1
|
20
|
25
|
35
| |
|
Side, total for both on interior lot
|
60
|
65
|
80
| |
|
Side, abutting side street on corner lot
|
60
|
80
|
80
| |
|
Rear
|
70
|
100
|
100
| |
|
Yards, accessory buildings and structures, minimum
(feet)
| ||||
|
Distance from street
|
70
|
90
|
90
| |
|
Distance from side and rear lot lines
|
20
|
30
|
35
| |
B.
Minimum front yard requirement.
(1)
The minimum front yard requirement for a principal
building within each of the following residence districts shall not
be less than the dimension set forth in the following schedule for
the district within which the lot is situated:
|
Residence District
|
Dimension
(feet)
|
|---|---|
|
R-120
|
80
|
|
R-80
|
80
|
|
R-60
|
80
|
|
R-40
|
60
|
|
R-20
|
40
|
|
R-12.5
|
30
|
|
R-7.5
|
25
|
|
MF-20
|
50
|
(2)
If the minimum front yard dimension for a principal building determined pursuant to the table in Subsection A above is greater than the minimum front yard dimension determined pursuant to the schedule in this Subsection B, the minimum front yard dimension for a principal building determined pursuant to the table in Subsection A above shall be the applicable minimum front yard requirement. If the minimum front yard dimension for a principal building determined pursuant to the table in Subsection A above is less than the minimum front yard dimension determined pursuant to the schedule in this Subsection B, the minimum front yard dimension determined pursuant to the schedule in this Subsection B shall be the applicable minimum front yard requirement.
C.
Minimum distance from street.
(1)
The minimum distance from street requirement
for accessory buildings and structures within each of the following
residence districts shall not be less than the dimension set forth
in the following schedule for the district within which the lot is
situated:
|
Residence District
|
Dimension
(feet)
|
|---|---|
|
R-120
|
90
|
|
R-80
|
90
|
|
R-60
|
90
|
|
R-40
|
70
|
|
R-20
|
50
|
|
R-12.5
|
40
|
|
R-7.5
|
35
|
|
MF-20
|
60
|
(2)
If the minimum distance from street dimension for accessory buildings and structures determined pursuant to the table in Subsection A above is greater than the minimum distance from street dimension determined pursuant to the schedule in this Subsection C, the minimum distance from street dimension for accessory buildings and structures determined pursuant to the table in Subsection A above shall be the applicable minimum distance from street requirement. If the minimum distance from street dimension for accessory buildings and structures determined pursuant to the table in Subsection A above is less than the minimum distance from street dimension determined pursuant to the schedule in this Subsection C, the minimum distance from street dimension determined pursuant to the schedule in this Subsection C shall be the applicable minimum distance from street requirement.
D.
Minimum side yard requirements (minimum for one, minimum total for
both on interior lot) for principal building on lots having a lot
area of less than 40,000 square feet.
[Added 4-13-2017 by L.L.
No. 2-2017]
(1)
The total dimensions of both side yards for a principal building
shall be computed on the basis of 4/10 of the lot width of the lot;
however, no side yard dimension shall be less than 4/10 of the total
dimensions of both side yards, computed as aforesaid, and no side
yard dimension shall be less than 15 feet.
[Added 4-8-2005 by L.L. No. 2-2005]
The maximum lot coverage (maximum lot coverage
by main and accessory buildings and structures) within all one-family
residence districts (the R-120, R-80, R-60, R-40, R-20, R-12.5 and
R-7.5 Residence Districts) and the MF-20 Multifamily Residence District
shall be 14% of the lot area of the lot plus 1,500 square feet. In
no case in such districts shall lot coverage exceed 30% of lot area.
[Added 4-11-2013 by L.L. No. 2-2013]
A.
Lot area.
(1)
Where public sewerage is not available, no lot shall be built
upon which has insufficient space for a private sanitary waste disposal
system, as determined by the municipality and the Suffolk County Health
Department.
(2)
No minimum lot area required.
(3)
No minimum lot area per dwelling unit required.
C.
Lot coverage.
(1)
Maximum coverage by main and accessory buildings and structures
shall be 70%.
(2)
Maximum depth of building footprint from front property line
shall be 75 feet for lots with frontage on North Main Street, Main
Street and Jobs Lane.
(3)
Maximum depth of building footprint from front property line
shall be 120 feet for lots with frontage on all streets other than
North Main Street, Main Street and Jobs Lane.
D.
Height.
(1)
With respect to property located in a designated historic district under Chapter 65 of the Village Code, maximum building height shall be 35 feet, and maximum number of stories shall be 2 1/2 stories.
(2)
With respect to property located outside of a designated historic district under Chapter 65 of the Village Code, maximum building height shall be 35 feet, and maximum number of stories shall be 2 1/2 stories unless special exception approval is obtained from the Board of Appeals to exceed such limitations. Subject to the limitation set forth in Subsection D(3), the Board of Appeals may grant special exception approval to exceed 35 feet in height in order to allow a height not exceeding 40 feet, and in conjunction therewith, the Board of Appeals may grant special exception approval to exceed 2 1/2 stories in order to allow three stories.
(3)
One or more adjacent buildings above 35 feet in height shall
not continue more than 60 feet along the street, or be located within
150 feet of another building above 35 feet in height.
(4)
Building height of one or more adjacent buildings shall not
remain constant for more than 65 feet along the street. A change in
building height shall consist of a minimum of three feet.
(5)
Maximum height of a single-story building is 20 feet. One or
more adjacent single-story buildings shall continue for no more than
50 feet along the street.
(6)
One or more adjacent multiple story buildings shall not continue
for more than 120 feet along the street without an eight foot setback
of the upper story or stories.
E.
Yards for principal buildings and accessory buildings.
(1)
No minimum yard setbacks are required.
(2)
Maximum front yard setback for first story is three feet.
(3)
Principal building must span a minimum of 90% of the frontage.
(4)
Where a drainage easement is required, front yard setback shall
be measured from the easement.
(5)
Maximum front yard setback for upper stories is eight feet beyond
the first story setback.
(6)
Recesses to accommodate entrances shall be a minimum of three
feet and a maximum of 12 feet in depth and shall be provided at intervals
of no more than 45 feet.
A.
Nothing herein contained shall restrict the height
of the following architectural and structural features:
(1)
On any public or semipublic building, a spire, cupola,
dome, belfry or clock tower.
(2)
Flagpole, chimney flue, elevator or stair bulkhead,
water tank, stage tower or scenery loft as accessory facilities to
permitted or special exception uses in a given district.
(3)
Barns, silos or similar farm structures in districts
where agriculture is a permitted use.
(4)
Radio or television tower, transmission line or tower
or similar structure (including a wireless facility) necessary as
a public service facility only after approval as a special exception
use by the Board of Appeals.
[Amended 2-23-2016 by L.L. No. 1-2016]
B.
No building or structure erected pursuant to Subsection A above to a height in excess of the height limit for the district in which it is situated shall:
C.
No private radio or television antenna, mast or tower
shall exceed the maximum permitted height prescribed for the district
in which such proposed structure is located.
D.
Natural grade.
[Added 4-22-1986 by L.L. No. 2-1986; amended 8-13-2015 by L.L. No. 5-2015]
(1)
The existing natural grade of a lot shall not be changed on any part
of the lot, except as permitted under the terms and conditions of
a building permit.
(2)
Where the natural grade of a lot is permitted to be changed under
the terms and conditions of a building permit, such terms and conditions
may impose reasonable restrictions and limitations for the purpose
of minimizing any adverse impact on the neighborhood or community.
E.
Pyramid Law in certain residence districts.
[Added 9-23-2003 by L.L. No. 7-2003; amended 12-14-2017 by L.L. No. 8-2017]
(1)
In the MF-20, MF-25, R-7.5, R-12.5, R-20, R-40, R-60, R-80 and R-120
Residence Districts, all buildings and structures (except chimneys,
flagpoles, church spires and decorative railings) must remain inside
the sky plane of the lot.
(2)
In the case of lots other than flagpole lots in the R-7.5, R-12.5
and R-20 Residence Districts, the sky plane shall begin at the front
and rear lot lines at the average elevation of the existing natural
grade, shall begin at the side lot lines five feet above the average
elevation of the existing natural grade, and shall extend to the building
or structure at an angle of 45°.
(3)
In the case of flagpole lots and lots in the MF-20, MF-25, R-40,
R-60, R-80 and R-120 Residence Districts, the sky plane shall begin
at the front, rear and side lot lines at the average elevation of
the existing natural grade and shall extend to the building or structure
at an angle of 45°.
(4)
The average elevation of the existing natural grade shall be certified
by a licensed surveyor.
(5)
An illustration showing a typical sky plane is included at the end of this chapter.
(6)
Notwithstanding any language in this Pyramid Law (Subsection E), the maximum height limitation set forth in the Table of Dimensional Regulations shall not be exceeded.
(7)
Notwithstanding any provision in this Pyramid Law (Subsection E) to the contrary, in the case of a lawfully existing (existing as of the effective date of this Pyramid Law) one-family dwelling having a height in excess of the height limitation imposed by this Pyramid Law, the height of any addition or improvement thereto may exceed the height limitation imposed by this Pyramid Law, provided that the height of such addition or improvement does not exceed the maximum height limitation set forth in the Table of Dimensional Regulations, and provided that the height of such addition or improvement does not exceed the height of the highest point of the roof of such existing one-family dwelling.[1]
[1]
Editor's Note: Former Subsection F, Height in certain residence
districts, and G, Space above the second story in certain residence
districts, both added 4-8-2005 by L.L. No. 2-2005, which immediately
followed this subsection, were repealed 11-10-2005 by L.L. No. 7-2005.
F.
Height in certain residence districts.
[Added 7-21-2015 by L.L.
No. 4-2015; amended 5-21-2019 by L.L. No. 6-2019]
(1)
Except as otherwise hereinafter provided, the maximum height in feet
for all structures within all one-family residence districts (the
R-120, R-80, R-60, R-40, R-20, R-12.5 and R-7.5 Residence Districts)
and the MF-20 Multifamily Residence District shall be based on the
lot area of the lot and shall be as set forth in the following table:
|
Lot Area
(square feet)
|
Maximum Height
(feet)
|
|---|---|
|
Less than 20,000
|
30
|
|
20,000 or greater but less than 40,000
|
33
|
|
40,000 or greater
|
35
|
(2)
Notwithstanding the foregoing, the maximum height in feet for any
residential building with a roof pitch flatter than 7/12 (i.e., seven
inches of rise for every 12 inches of run) over greater than 5% of
the total roof area shall be seven feet less than the maximum height
set forth in the above table. For the purposes of this section, a
roof over an unenclosed porch or entryway shall not be considered
as part of the roof area.
G.
Measurement of height of certain elevated buildings.
[Added 8-13-2015 by L.L.
No. 5-2015]
(1)
As used herein, the term "elevated building" shall mean a building elevated pursuant to the elevation requirements of Chapter 62 (the Village Flood Damage Prevention Code).
(2)
Notwithstanding the provision in the definition of height of a building (see § 116-2B) to the effect that the height of a building be measured from the average elevation of the finished grade along the side of the building fronting on the nearest street, in the case of an elevated building, the height of such elevated building shall be measured from the elevation above the applicable base flood elevation (the base flood elevation applicable to such elevated building pursuant to Chapter 62).
[Amended 1-25-2022 by L.L. No. 1-2022]
(3)
In the case of an elevated building, the terms and conditions of
a building permit for such elevated building may require that the
natural grade of the lot be increased vertically for the purpose of
minimizing any adverse impact on the neighborhood or community.
(4)
Height
of building: for residences in FEMA special flood hazard areas (SFHA),
the vertical distance from the FEMA flood zone's base flood elevation
(BFE) to the highest point of a roofed structure. On narrow lots that
are 20,000 square feet or more, overall building height is limited
to BFE plus 32 feet. On narrow lots that are less than 20,000 square
feet, overall building height is limited to BFE plus 30 feet.
[Added 1-25-2022 by L.L. No. 1-2022]
(5)
Narrow
lot: a lot within a FEMA special flood hazard area that is less than
175 feet wide.
[Added 1-25-2022 by L.L. No. 1-2022]
H.
Pyramid Law for certain elevated buildings.
[Added 8-13-2015 by L.L.
No. 5-2015]
(1)
As used herein, the term "elevated building" shall mean a building elevated pursuant to the elevation requirements of Chapter 62 (the Village Flood Damage Prevention Code).
(2)
The sky plane requirements hereinafter set forth shall be applicable
to elevated buildings.
(3)
The front yard sky plane shall begin at a line parallel to and situate
40 feet from the front lot line at the elevation equivalent to the
applicable base flood elevation (to Wit, the front yard sky plane
shall be measured from and along the applicable base flood elevation
with the fulcrum offset 40 feet from the front lot line) and shall
extend to the building at an angle of 33º.
(4)
The side yard sky plane shall begin at the side lot lines at the
elevation five feet above the applicable base flood elevation (to
wit, the side yard sky plane shall be measured from and along the
elevation five feet above the applicable base flood elevation with
the fulcrum offset at the side lot lines) and shall extend to the
building at an angle of 33º.
(5)
An elevated building must remain inside the front yard and side yard
sky planes, except for the following permitted encroachments:
(a)
Cornices and eaves up to 24 inches on first floor roof only.
(b)
Cornices and eaves up to 12 inches on second-floor roof and
half-story roof only.
(c)
Roof feature. Dormers (gable, hip, shed, barrel style) shall
be limited to no greater than eight feet wide each, no taller than
six feet of vertical encroachment, and shall not be within the same
vertical plane as the exterior wall below by at least a two-foot offset
(breaking of plane requires offset, not interruptions). Ridge of dormers
shall be at least 12 inches lower vertically than the primary roof
structure it is a feature upon.
I.
Retaining walls. For the purpose of this section and for the purpose of establishing maximum height, retaining walls do not include walls supporting subsurface features, including but not limited to stairwells, window wells, below-grade driveways, or sunken tennis courts. Retaining walls regulated under this section are those which result in a change in the grade of a property as compared to the natural grade (see § 116-2, Definitions). This section does not apply to walls utilized for landscape design features which do not change the profile of the property (see § 116-18 for dimensional restrictions relating to "walls").
[Added 1-25-2022 by L.L. No. 1-2022; amended 8-11-2022 by L.L. No. 11-2022]
(1)
No
retaining walls shall be located within the first 20 feet of any property
line.
(2)
No
retaining wall shall result in a change in grade of more than three
feet.
(3)
No
retaining walls shall be less than 15 feet offset from one another.
(4)
Retaining
walls must be designed by a licensed professional engineer.
(5)
If
retaining walls are used to provide adequate area and coverage for
dry wells and sanitary system, the design professional shall illustrate
the full system profile and identify the soil scour effect on the
system, where applicable.
(6)
In
no instance shall the increase in grade created using retaining walls/fill
exceed the required BFE for the structure to comply with FEMA construction
standards.
(7)
Between retaining walls, a gradual change in grade not exceeding a 20% slope in any location is permitted. This applies between retaining walls and foundation of the structure. This allowance for gradual change in elevation shall not apply to the area located between the property line and a retaining wall [for which the placement of fill is prohibited even for exceptions, if approved per § 116-12I(8)].
(8)
Exception. Where a retaining wall cannot meet the standards contained in § 116-12I(1), (2), (3), (5) and (7) to accommodate proper installation of an innovative/alternative wastewater treatment system ("sanitary system"), a special permit from the Village Board of Zoning Appeals will be required with referral to the Village Engineer to evaluate and approve the proposal.
(a)
In review of such application, the applicant must demonstrate that
the proposed grading will result in the minimum deviation from the
standards necessary to meet the requirements pursuant to the most
recent Suffolk County Department of Health Services guidelines document
entitled, "Standards for Approval of Plans and Construction for Sewage
Disposal Systems for Single-Family Residences." Plans must provide
sufficient information to demonstrate that the change in grade will
not result in an increase in flooding impacts to neighboring properties.
(b)
To apply for review under this section, the applicant shall be required
to submit the following:
[1]
Application form.
[2]
Survey prepared by a licensed surveyor, including recent test hole
information for the area proximate to the proposed sanitary system,
FEMA floodplain and minimum BFE.
[3]
Proposed site plan prepared by a licensed professional showing location
of proposed improvements, proposed sanitary system, and including
cross section showing details of the system, area of fill, depth to
groundwater, proposed retaining wall(s), proposed elevation, and changes
in grade.
[4]
Plans and details for proposed retaining wall(s) prepared by a licensed
professional engineer.
[5]
Drainage calculations and proposed drainage plan/details.
A.
BILLBOARD SIGN
CONSTRUCTION SIGN
GARAGE SALE SIGN
IDENTIFICATION SIGN
MENU BOX SIGN
POLITICAL SIGN
PORTABLE SIGN
REAL ESTATE AGENCY/BROKERAGE SIGN
REAL ESTATE SIGN
SIGN
WINDOW SIGN
Sign definitions. As used in this chapter, the following
terms shall have the indicated meanings:
[Amended 11-23-1999 by L.L. No. 7-1999]
A sign which directs attention to a business or profession
which is not conducted upon the property where the sign is located
or to a commodity, service or attraction which is not sold or offered
upon the property where the sign is located.
A sign which identifies a contractor and/or architect involved
with a project on the property where the sign is located.
A sign which directs attention to a garage sale being conducted
at a residence.
A sign which directs attention to a business or profession
conducted upon the property where the sign is located or to a commodity,
service or attraction sold or offered upon the property where the
sign is located.
A weathertight box constructed of wood with a glass or plexiglass
front used by a business to display a sign.
A sign promoting and/or endorsing a political candidate,
political party or ballot referendum.
A sign which is designed to be movable. The term "portable
sign" includes a sign which is not securely affixed or anchored to
the ground, a building or a structure. The term "portable sign" also
includes banners, pennants, streamers, spinners or other moving or
fluttering devices. The term "portable sign" includes a sign which
is mounted on a trailer or wheels. The term "portable sign" does not
include a sign which is affixed to or painted on a motor vehicle that
is regularly operated on the public streets (as distinguished from
a motor vehicle that primarily serves as an on-site sign). The term
"portable sign" does not include the flag of any nation, state, municipality
or other governmental agency, nor the official flag of any nonprofit
institution or entity.
A real estate sign which identifies a real estate agency
or broker involved with the sale or rental.
A sign which advertises for sale or for rent the property
on which the sign is located.
Any device, fixture, placard or structure that utilizes any
text, symbol, graphic, illumination, color or other form for the purpose
of advertisement, announcement, direction, identification or other
communication of information to the public. Signs located in an interior
portion of a building are excluded from the meaning of the term "sign,"
unless a particular provision of this chapter clearly indicates an
intent to regulate same. Window signs are regulated and thus are included
within the meaning of the term "sign."
A sign that is affixed to or painted on the glass of an exterior
window or door (whether affixed to or painted on the interior side
or the exterior side of said glass) of a business or that is visible
through such exterior window or door and placed within one foot of
the glass. In the case of a real estate agency or brokerage business,
the term "window sign" does not include customary display of photographs
or pictures of houses or properties offered for sale or rent; but
such display shall not be of plastic construction, and no back lighting
shall be provided.
B.
Identification signs.
[Amended 9-19-1995 by L.L. No. 7-1995; 11-23-1999 by L.L. No.
7-1999]
(1)
A home professional office or home occupation may
have one identification sign on each public street frontage of its
property. Such sign shall bear only the name and profession or occupation
of the resident. Such sign shall have a maximum area of two square
feet and may be located on the building wall or in the required front
yard, provided that it is set back at least five feet from all property
lines and is not more than six feet above the natural ground level
at its location. Such sign may be double-faced. A detached or ground
sign shall not be supported by a pylon or metal pole.
(2)
A church or other place of worship may have one announcement
sign, not over 12 square feet in area, on each public street frontage
of its property, either fixed on the main wall of the building or
located in the required front yard, provided that it is set back at
least five feet from the front property line and at least 25 feet
from all other property lines. Such sign may be double-faced. A detached
or ground sign shall not be supported by a pylon or metal pole.
(3)
A parish house, club, school or public or semipublic
building may have one announcement sign, not over six square feet
in area, on each public street frontage of its property, either fixed
on the main wall of the building or located in the required front
yard, provided that it is set back at least five feet from the front
property line and at least 25 feet from all other property lines.
Such sign may be double-faced. A detached or ground sign shall not
be supported by a pylon or metal pole.
(4)
All other identification signs (all identification
signs other than for a home professional office, home occupation,
church or other place of worship, parish house, club, school or public
or semipublic building):
(5)
The following schedule of permitted identification
signs shall apply to such identification signs in nonresidential districts,
according to the district in which the lot is located on the Zoning
Map:[1]
[1]
Editor's Note: The Zoning Map is located at
the back of this Code.
C.
Village and Highway Business District identification
signs.
(1)
A wall identification sign shall be attached to or
incorporated in a building wall. Such sign shall not:
(a)
Exceed in total area 1 1/2 square feet
for each horizontal foot of such wall on which it is mounted.
[Amended 11-23-1999 by L.L. No. 7-1999]
(b)
Exceed in width 75% of the horizontal measurement
of the wall on which it is mounted.
(c)
Project more than one foot from such wall.
(d)
Exceed 60 square feet in total area.
[Added 11-23-1999 by L.L. No. 7-1999]
(2)
A detached or ground identification sign may only
be erected where the building is set back from the street line a distance
of 40 feet or more. Such sign shall not:
(a)
Exceed in total area 24 square feet.
(b)
Exceed six feet in height measured from the
ground level.
[Amended 9-19-1995 by L.L. No. 7-1995]
(c)
Be supported by a pylon or metal pole.
[Amended 9-19-1995 by L.L. No. 7-1995]
(d)
Be set back less than 10 feet from any property
line, except that if the average front setback of existing buildings
within the same block is less than 10 feet, then the average setback
so established shall be applied to such sign.
(3)
When a wall identification sign is permitted on a
building wall, a portion of the sign area permitted on such building
wall may be incorporated into an awning attached to such building
wall, subject to the following limitations:
[Added 9-19-1995 by L.L. No. 7-1995]
(a)
The awning shall have seven feet of head clearance,
shall be flame retardant and shall be retractable. The top of the
awning shall follow the header of the window.
(b)
A sign permit shall be required for the sign
area incorporated into such awning. In reviewing the design thereof,
the Board of Architectural Review and Historic Preservation may consider
the design of the awning (including its color and material) and the
sign area incorporated therein.
(c)
No back lighting shall be provided. The awning
shall be nonilluminated.
[Amended 11-23-1999 by L.L. No. 7-1999]
(d)
The lettering shall be on the bib of the awning
only and shall be a single line of lettering not exceeding six inches
in height.
(e)
The awning graphics shall indicate only the
name, type of business and/or address of the enterprise or premises.
(f)
The sign area incorporated into such awning
shall be deemed to be part of the permitted wall identification sign
and shall be debited against the sign area permitted on such building
wall.
D.
All other nonresidential district identification signs.
(1)
A wall identification sign shall be attached to or
incorporated in a building wall. Such sign shall not:
(a)
Exceed in total area one square foot for each
horizontal foot of such wall on which it is mounted.
(b)
Exceed in width 75% of the horizontal measurement
of the wall on which it is mounted.
(c)
Project more than one foot from such wall.
(d)
Exceed 40 square feet in total area.
[Added 11-23-1999 by L.L. No. 7-1999]
(2)
A detached or ground identification sign may only
be erected where the building is set back from the street line a distance
of 40 feet or more. Such sign shall not:
(a)
Exceed in total 24 square feet.
(b)
Exceed six feet in height measured from the
ground level.
[Amended 9-19-1995 by L.L. No. 7-1995]
(c)
Be supported by a pylon or metal pole.
[Amended 9-19-1995 by L.L. No. 7-1995]
(d)
Be set back less than 20 feet from any property
line, except that if the average front setback of existing buildings
within the same block is less than 10 feet, then the average setback
so established shall be applied to such sign.
(3)
When a wall identification sign is permitted on a
building wall, a portion of the sign area permitted on such building
wall may be incorporated into an awning attached to such building
wall, subject to the following limitations:
[Added 9-19-1995 by L.L. No. 7-1995]
(a)
The awning shall have seven feet of head clearance,
shall be flame retardant and shall be retractable. The top of the
awning shall follow the header of the window.
(b)
A sign permit shall be required for the sign
area incorporated into such awning. In reviewing the design thereof,
the Board of Architectural Review and Historic Preservation may consider
the design of the awning (including its color and material) and the
sign area incorporated therein.
(c)
No back lighting shall be provided. The awning
shall be nonilluminated.
[Amended 11-23-1999 by L.L. No. 7-1999]
(d)
The lettering shall be on the bib of the awning
only and shall be a single line of lettering not exceeding six inches
in height.
(e)
The awning graphics shall indicate only the
name, type of business and/or address of the enterprise or premises.
(f)
The sign area incorporated into such awning
shall be deemed to be part of the permitted wall identification sign
and shall be debited against the sign area permitted on such building
wall.
E.
Window signs and menu box signs.
[Amended 9-19-1995 by L.L. No. 7-1995; 11-23-1999 by L.L. No.
7-1999]
(1)
Window signs are permitted in all nonresidential districts,
subject to the following limitations:
(a)
The total area of window signs that are affixed
to or painted on or placed within one foot of the glass of a door
shall not exceed 10% of such glass area, except as follows. If such
door provides access for more than one business, such total area shall
not exceed 10% of such glass area per business.
(b)
The total area of window signs that are affixed
to or painted on or placed within one foot of a window shall not exceed
20% of the area of the window.
(c)
Window sign area shall be debited against the permitted wall sign area, except as follows. Window signs indicating hours of operation, business affiliations, emergency information and the like (excluding product or service information) are exempt from being debited against the permitted wall sign area, provided that the aggregate area of all such signs for a single business does not exceed one square foot per window or door. Posters referred to in Subsection E(1)(d) and (e) below are exempt from being debited against the permitted wall sign area.
(d)
A permit is not required for window signs that
consist of posters affixed to or placed within one foot of a window
for the purpose of advertising special events or activities of local
public interest scheduled to occur at sites other than the property
where the posters are located. Such posters shall be removed no later
than five days after the occurrence of the special event or activity.
Such posters shall not be subject to the above window sign area limitations.
(e)
A permit is not required for window signs that
consist of posters affixed to or placed within one foot of a window
for the purpose of advertising special sales or promotions of the
on-site business. Such posters shall not be subject to the above window
sign area limitations. A particular poster shall not be displayed
for a period of more than 30 consecutive days, nor re-displayed (displayed
again after removal to interrupt a period of consecutive days) more
than three times per calendar year.
(f)
The aggregate area of window signs subject to the twenty-percent limitation in Subsection E(1)(b) above plus posters referred to in Subsection E(1)(e) above shall not exceed 25% of the area of the window. The aggregate area of window signs subject to the twenty-percent limitation in Subsection E(1)(b) above plus posters referred to in Subsection E(1)(d) above shall not exceed 30% of the area of the window. The aggregate area of window signs subject to the twenty-percent limitation in Subsection E(1)(b) above plus posters referred to in Subsection E(1)(d) and (e) above shall not exceed 30% of the area of the window.
(2)
Menu box signs are permitted in all nonresidential
districts, subject to the following limitations:
(a)
A menu box sign shall be one-sided and shall
be attached to a building wall.
(b)
A menu box sign shall be as small as practicable.
(c)
A menu box sign may be illuminated with white
artificial light only, not exceeding 30 watts. The source of illumination
shall be shielded and directed solely at the menu box sign.
(d)
One menu box sign per business is permitted.
(e)
No menu box sign shall be placed on the Village
right-of-way.
F.
General provisions.
(1)
The area of a sign shall be determined by the smallest
rectangle that encompasses all of the letters or symbols that make
up the sign, together with the area of any background of a different
color or material from the general finish of the building, whether
painted or applied.
(2)
The outlining by direct illumination of all or part
of a building, such as a gable, roof, wall, side or corner, is prohibited
except during the Christmas season.
(3)
No rooftop signs shall be permitted in any district.
[Amended 9-19-1995 by L.L. No. 7-1995]
(4)
Illumination of signs shall be accomplished by means
of shielded, direct, external, white light sources not exceeding 75
watts and in such a manner that no glare shall extend beyond the property
lines or disturb the vision of passing motorists or constitute a hazard
to traffic.
[Amended 9-19-1995 by L.L. No. 7-1995; 11-23-1999 by L.L. No.
7-1999]
(5)
Portable signs are prohibited in all districts.
[Added 11-23-1999 by L.L. No. 7-1999]
(6)
No sign shall distract from or obstruct historical
buildings and sites and unique natural or scenic features from public
view.
[Amended 9-19-1995 by L.L. No. 7-1995]
(7)
Billboard signs are prohibited in all districts, except
that the municipality may establish special public information centers
wherein approved directional signs for businesses may be located.
(8)
Nothing contained in this chapter shall be construed
to prohibit the municipality or any other governmental agency from
erecting and maintaining public signs deemed to be necessary in the
public interest.
(9)
No flashing or moving signs shall be permitted in
any district, except that such a sign may be permitted if the Board
of Architectural Review and Historic Preservation finds that such
a sign contributes to a building's architectural or historic significance.
[Amended 9-19-1995 by L.L. No. 7-1995]
(10)
Neon and neon-type signs, including all signs
and designs consisting of glass tubing or other tubular arrangements
containing gasses which, when permeated by electrical charge, result
in production of light and which, when on the exterior of a building
or in an interior portion of the building, are visible from the street,
are prohibited in all districts of the Village, except that such a
sign may be permitted if the Board of Architectural Review and Historic
Preservation finds that such a sign contributes to a building's architectural
or historic significance.
[Added 4-13-1992 by L.L. No. 3-1992; amended 9-19-1995 by L.L. No. 7-1995]
(11)
Interior-lit translucent signs, including all
signs constructed of a translucent material and lit from behind by
a light source that causes the translucent material to be illuminated,
are prohibited in all districts, unless such a sign is necessary to
direct the attention of the public to an emergency service facility.
Interior-lit translucent signs located in an interior portion of a
building are included within the foregoing prohibition if such signs
are visible from the street.
[Added 9-19-1995 by L.L. No. 7-1995; amended 11-23-1999 by L.L. No.
7-1999]
(12)
In the event that any business sign erected
for the purpose of denoting a business conducted or product sold on
the property where the sign is located no longer denotes a business
actually conducted or product actually sold on the property where
the sign is located, such sign shall be removed within 30 days after
written notice from the Building Inspector to the effect that such
sign must be removed by reason of the occurrence of said event.
[Added 11-23-1999 by L.L. No. 7-1999]
(13)
A detached or ground sign shall not be supported
by a pylon or metal pole.
[Added 11-23-1999 by L.L. No. 7-1999]
G.
Procedures, permits and fees.
(1)
No sign shall be erected within the Village of Southampton
without first obtaining a permit from the Building Inspector and paying
the required fee for such permit, except as follows:
[Amended 9-19-1995 by L.L. No. 7-1995]
(a)
Residence nameplates, street number signs, "beware" or "caution" signs, all not exceeding two square feet, accessory to one-family and two-family dwellings, shall not require a permit. A real estate sign (other than a real estate agency/brokerage sign) which advertises a one-family or two-family dwelling for sale or for rent shall not require a permit; such sign shall be subject to § 116-13I(1).
[Amended 11-23-1999 by L.L. No. 7-1999]
(b)
"Exit" and "entrance" signs shall not require
a permit. Such signs shall not exceed four feet in height measured
from the ground level, shall have a maximum area of 200 square inches,
and shall say "exit" or "entrance" only.
(c)
A sign indicating that the property has an alarm
system shall not require a permit. Such sign shall have a maximum
area of one square foot.
[Added 11-23-1999 by L.L. No. 7-1999]
(d)
A permit is not required for the following:
[Added 11-23-1999 by L.L. No. 7-1999]
[1]
Window signs that consist of posters affixed to or placed within one foot of a window for the purposes set forth in and pursuant to § 116-13E(1)(d) or (e).
[2]
A garage sale sign pursuant to § 116-13I(3).
[3]
A political sign pursuant to § 116-13I(4).
(2)
Applications for sign permits shall be made upon forms
provided by the Building Inspector and shall include plans, specifications
and other such information as the Building Inspector may require.
(3)
The Building Inspector shall determine that such proposed
sign complies with all the requirements of this chapter and all other
applicable laws and regulations of the Village of Southampton before
authorizing issuance of a sign permit.
(4)
No sign permit shall be issued prior to payment of
a fee of $75.
[Amended 12-9-1988 by L.L. No. 8-1988; 11-9-2006]
(5)
Each sign permit issued shall be assigned a permit
number by the Building Inspector.
[Amended 9-19-1995 by L.L. No. 7-1995]
(6)
Each sign for which a sign permit has been issued
shall be inspected for adequate maintenance, freedom from any hazardous
condition and structural soundness each year. If such sign is found
to be unsafe, the Building Inspector shall notify the owner, and the
sign shall then become an illegal sign unless the condition is corrected
within five days.
(7)
No existing sign shall be structurally altered, rebuilt,
enlarged, extended, relocated or modified in any way except in conformity
with the provisions of this section.
(8)
Any sign requiring a sign permit which does not have
such a permit or which has had its permit revoked shall be deemed
to be an illegal sign.
[Amended 4-9-1976 by L.L. No. 1-1976; 9-19-1995 by L.L. No. 7-1995]
(9)
No permit for a sign shall be issued by the Building
Inspector until the design thereof shall have been approved by the
Board of Architectural Review and Historic Preservation or a committee
thereof if authorized by such Board to give such approval in its behalf.
[Amended 9-19-1995 by L.L. No. 7-1995]
(10)
A real estate firm may obtain an annual permit from the Building Inspector for the real estate agency/brokerage sign to be utilized by such real estate firm during a particular calendar year. The application for such permit shall set forth the name and address of the real estate firm as well as the lettering to be included on such sign and shall include an annual permit fee of $75. Upon issuance of such permit, such real estate agency/brokerage sign may be placed on any lot or lots as to which signed consents are filed pursuant to § 116-13I(1)(h), subject to § 116-13I(1). Such annual permit shall expire on December 31 of each year. No real estate agency/brokerage sign shall be placed on any lot unless such real estate firm has obtained such annual permit.
[Added 11-23-1999 by L.L. No. 7-1999; amended 11-9-2006]
(11)
A contractor and/or architect may obtain an annual permit from the Building Inspector for the construction sign to be utilized by such contractor and/or architect during a particular calendar year. The application for such permit shall set forth the name and address of the contractor and/or architect as well as the lettering to be included on such sign and shall include an annual permit fee of $75. Upon issuance of such permit, such construction sign may be placed on any lot or lots as to which signed consents are filed pursuant to § 116-13I(2)(c), subject to § 116-13I(2). Such annual permit shall expire on December 31 of each year. No construction sign shall be placed on any lot unless such contractor and/or architect has obtained such annual permit.
[Added 11-23-1999 by L.L. No. 7-1999; amended 11-9-2006]
H.
Design guidelines.
[Added 9-19-1995 by L.L. No. 7-1995]
(1)
Color. In selecting the principal colors for a sign,
colors which are in harmony with the general tone of the building
should be chosen. The use of neon, metallic or day-glow type colors
are discouraged, and the use of muted and earth tone colors with a
matte finish are strongly encouraged.
(2)
Materials. Sign materials should be consistent with
and complement the original construction materials and architectural
style of the building on which they are to be displayed.
(3)
Lettering. Lettering styles should complement the
style and period of the building on which they appear.
I.
Additional regulations.
[Added 11-23-1999 by L.L. No. 7-1999]
(1)
Real estate signs. One real estate sign may be placed
on a lot, subject to the following regulations:
(a)
If the lot is situate in a residence district,
the sign shall have a maximum area of three square feet. If the lot
is situate in a nonresidential district, the sign shall have a maximum
area of four square feet.
(b)
The sign shall be of white post construction.
(c)
The sign, including the post or posts when placed
in the ground, shall not have a height of more than four feet above
finished grade or, if there is no finished grade, the sign shall not
have a height of more than four feet above the grade of the street
on which the property is located.
(d)
The sign shall display only "for sale" or "for
rent," "exclusive" or "by appointment," the name of the real estate
firm or property owner and its, his or her telephone number and logo
in nonmetallic medium or color. The sign may also display "open house"
only on the day of an "open house." If the lot is situate in a nonresidential
district, the sign may also display the zoning district.
(e)
The sign shall be placed only parallel to the
street.
(f)
The sign may be at the property line but shall
be off the Village right-of-way.
(g)
"SOLD" or "IN CONTRACT" signs are prohibited.
(h)
No real estate agency/brokerage sign shall be
placed on any lot unless there is filed with the Building Inspector
a written signed consent to the placement of such sign by the owner
of such lot. The consent shall set forth the name of the owner, the
address and Tax Map number of the property, the name of the real estate
firm as to which consent has been given and the length of time the
consent shall be effective. The owner shall have the right to revoke
the consent at any time by filing a written revocation with the Building
Inspector. The revocation shall set forth the name of the owner, the
address and Tax Map number of the property, the name of the real estate
firm as to which consent has been revoked, the date the revocation
is to be effective, which date cannot be less than five days from
the date of the filing of the revocation, and a statement that the
real estate firm has been notified in writing of the revocation and
the effective date of revocation.
(i)
The sign shall be removed no later than five
days of the date of the following (whichever first occurs):
(2)
Construction signs. One construction sign may be placed
on a lot, subject to the following regulations:
(a)
The sign shall have a maximum area of three square feet, except as otherwise provided in Subsection I(2)(b) below for a special construction sign.
[Amended 4-14-2000 by L.L. No. 3-2000]
(b)
A "special construction sign" shall mean a construction
sign consisting of sign area for one contractor and sign area for
one architect. A special construction sign shall have a maximum area
of five square feet, and thus the total of the sign area for the contractor
and the sign area for the architect shall not exceed five square feet.
[Amended 4-14-2000 by L.L. No. 3-2000]
(c)
No construction sign shall be placed on any
lot unless there is filed with the Building Inspector a written signed
consent to the placement of such sign by the owner of such lot. The
consent shall set forth the name of the owner, the address and the
Tax Map number of the property, the name of the contractor and/or
architect as to which consent has been given and the length of time
the consent shall be effective. The owner shall have the right to
revoke the consent at any time by filing a written revocation with
the Building Inspector. The revocation shall set forth the name of
the owner, the address and Tax Map number of the property, the name
of the contractor and/or architect as to which consent has been revoked,
the date the revocation is to be effective, which date cannot be less
than five days from the date of the filing of the revocation, and
a statement that the contractor and/or architect has been notified
in writing of the revocation and the effective date of revocation.
(d)
The sign shall be removed no later than five
days of the date of the following (whichever first occurs):
(e)
No construction sign shall be placed on any
part of a lot facing the water; the sign must be placed only facing
the street.
(f)
The sign may be at the property line but shall
be off the Village right-of-way.
(3)
Garage sale signs.
(a)
One garage sale sign may be placed on the property
where the sale is being conducted, subject to the following regulations:
[1]
The sign shall have a maximum area of four square
feet.
[2]
The sign shall be nonilluminated.
[3]
The sign shall be displayed only during the
sale and shall be immediately removed after the sale.
[4]
The sign shall be displayed for a maximum period
of three consecutive days. The sale shall not exceed a period of three
consecutive days.
(b)
A permit is not required for a garage sale sign.
(c)
No garage sale sign shall be placed on the Village
right-of-way. No garage sale sign shall be placed on property other
than the property where the sale is being conducted.
(5)
Noncommercial messages on signs.
(a)
The term "noncommercial message" includes any
message which constitutes constitutionally protected noncommercial
speech.
(b)
Nothing in this chapter shall be construed to prohibit a sign which is otherwise permitted by this chapter from containing a noncommercial message in place of the message provided for in this chapter, subject to all other requirements (all requirements other than the content of the message) of this chapter. Since § 116-13F(7) prohibits billboard signs in all districts (except for special public information centers which may be established by the municipality), the foregoing provision [to wit, § 116-13I(5)(b)] shall not be construed as allowing a sign containing a noncommercial message in place of a prohibited billboard sign.
J.
Compulsory termination of nonconforming signs.
[Added 11-23-1999 by L.L. No. 7-1999]
(1)
Anything to the contrary in this chapter notwithstanding, every nonconforming sign which lawfully exists as of the effective date of this Subsection J shall become an unlawful structure on the date hereinafter specified and shall thereupon be removed, except as otherwise provided in Subsection J(2).
(a)
Any nonconforming sign (except a portable sign and a nonretractable awning) which lawfully exists as of the effective date of this Subsection J on property used for a business use shall become an unlawful structure upon a transfer of ownership occurring prior to January 1, 2003, and shall be removed within 30 days after the date of said transfer. In the event that a transfer of ownership does not occur prior to January 1, 2003, compulsory termination of said sign is governed by Subsection J(1)(b) and (c) below. As used herein, a transfer of ownership includes the following: a transfer of ownership of said sign; a transfer of ownership of the entity which conducts said business; a transfer of the right to use said sign from the entity which conducts said business to an entity which conducts another business.
(b)
Any nonconforming sign (except a portable sign and a nonretractable awning) which lawfully exists as of the effective date of this Subsection J pursuant to a permit issued after January 1, 1998, shall become an unlawful structure on the date five years after issuance of said permit and shall thereupon be removed.
(c)
Every other nonconforming sign (except a portable sign and a nonretractable awning) which lawfully exists as of the effective date of this Subsection J shall become an unlawful structure on January 1, 2003, and shall thereupon be removed.
(d)
Every portable sign which lawfully exists as of the effective date of this Subsection J shall become an unlawful structure on January 1, 2000, and shall thereupon be removed.
(e)
Every nonretractable awning which lawfully exists
as of the effective date of this Subsection J shall become an
unlawful structure on January 1, 2004, and shall thereupon be removed.
(3)
Intent of Subsection J.
(b)
Every nonconforming sign which lawfully exists as of the effective date of this Subsection J includes signs which were nonconforming prior to enactment of said local law and signs which became nonconforming as a result of enactment of said local law (to wit, signs which became nonconforming as a result of other provisions in the local law enacting Subsection J).
(c)
With respect to a nonconforming sign which lawfully exists as of the effective date of Subsection J pursuant to a permit issued prior to the effective date of Subsection J, it is the intent of Subsection J(1)(b) and (c) to require removal of such nonconforming sign on the date about three years after the effective date of Subsection J (on January 1, 2003, the anticipated effective date of Subsection J being prior to or about January 1, 2000) or the date five years after issuance of the permit, whichever date provides a longer period. If the permit was issued prior to January 1, 1998, Subsection J(1)(c) would apply (January 1, 2003, would provide a longer period); if the permit was issued after January 1, 1998, Subsection J(1)(b) would apply (the date five years after issuance of the permit would provide a longer period).
(f)
Since identification signs are generally prohibited in all residence districts, existing identification signs directing attention to nonconforming business uses in residence districts would generally be nonconforming identification signs. If a nonconforming business use in a residence district were required to remove its lawfully existing identification sign, such use would be prohibited from having any identification sign. Rather than prohibiting such use from having any identification sign, Subsection J(2)(b) provides that a nonconforming identification sign which lawfully exists on property situate in a residence district is excepted from the compulsory termination provisions set forth in Subsection J(1).
[Added 9-10-2020 by L.L.
No. 8-2020]
A.
The general purpose of this section is to protect and promote the
public health, safety and welfare, the quality of life, the Village's
unique character, and the ability to view the night sky by establishing
regulations and a process for review of exterior lighting.
B.
This section establishes standards for exterior lighting in order
to accomplish the following:
(1)
To provide safe lighting on roadways for motorists, cyclists
and pedestrians;
(2)
To protect against direct glare and excessive lighting on private
and public properties;
(3)
To ensure that sufficient lighting can be provided where needed
to promote safety and security;
(4)
To prevent light trespass in all areas of the Village;
(5)
To protect and reclaim the ability to view the night sky;
(6)
To allow flexibility in the style of lighting fixtures;
(7)
To provide lighting guidelines;
(8)
To provide assistance to property owners; institutions; and
county, state, and utility facilities in bringing nonconforming lighting
into conformance with this section;
(9)
To use energy wisely and to conserve natural resources;
(10)
To preserve the desired rural character of the Village; and
(11)
To reduce excessive illumination which has been demonstrated
to have a detrimental effect on the local flora and fauna that depend
on the natural cycle of day and night.
C.
Definitions.
(1)
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meanings
they have in common usage and to give this section its most reasonable
application.
(2)
AREA LIGHT
AVERAGE HORIZONTAL FOOTCANDLE
CORRELATED COLOR TEMPERATURE (CCT)
ESSENTIAL LIGHTING
EXCESSIVE LIGHTING
EXTERIOR LIGHTING
FIXTURE (also called "LUMINAIRE")
FLOODLIGHT
FOOTCANDLE ("FC")
FULLY SHIELDED OR ZERO UPLIGHT
GLARE
HID LIGHTING
HOLIDAY LIGHTING
IESNA
IESNA RECOMMENDED PRACTICES
ILLUMINANCE
KELVIN
LAMP
LED
LIGHT
LIGHT LEVEL
LIGHT POLLUTION
LIGHT SOURCE
LIGHT TRESPASS
LIGHTING ASSEMBLY
LUMEN
LUMINAIRE
LUMINANCE
MAINTAINED ILLUMINANCE
MOUNTING HEIGHT
NONESSENTIAL LIGHTING
PARTIALLY SHIELDED
PHOTOMETRICS
SHIELD or SHIELDED
SKYGLOW
TEMPORARY LIGHTING
UL RATING
UNIFORMITY RATIO (U RATIO)
As used in this section, the following terms shall have the
meanings indicated:
A fixture designed for illumination of a broad area. Area
lights include, but are not limited to, streetlights, parking lot
lights and yard lights over 1,800 lumens.
The average level of illuminance for a given situation measured
at ground level with the light meter placed parallel to the ground.
It can be also determined by the "Key" on a lighting plan as provided
by a lighting manufacturer's application department.
The perceived color of the light emitted by a lamp, expressed
in Kelvin (K) units. Generally, the lower the Kelvin rating, the "warmer"
the light; the higher the rating, the "cooler" or more blue the light.
Incandescent bulbs emit approximately 2,300 Kelvin.
Light that is used for a specified period of time, which
is necessary for location identification or public circulation purposes.
Illuminance levels beyond that which is required for safety,
as recommended in IESNA Recommended Practices, or higher than five
FC on any lit surface, unless a higher level is indicated on the Table
of Limits of Illumination Levels.
Temporary or permanent lighting equipment that is installed,
located or used in such a manner with the intention to cause light
rays to shine outdoors.
The bulb and the assembly that holds the bulb (or lamp) in
a lighting system, including reflecting elements, shielding elements,
cover glass or lenses, the ballast, and the housing. For purposes
of determining total light output from a luminaire or light fixture,
lighting assemblies which include multiple unshielded or partially
shielded lamps on a single pole or standard shall be considered as
a single unit.
A lamp or fixture intended to light a large area and which
can produce light above the fixture. Such lamps (bulbs) may incorporate
prismatic lenses that distribute the light in various directions.
The basic unit of illuminance (the amount of light falling
on a surface). Footcandle measurement is taken with a light meter.
One footcandle is approximately equal to the illuminance produced
by a light source of one candela in intensity, measured on a surface
at a one-foot distance from the source. Horizontal footcandles measure
the illumination striking a horizontal plane. Footcandle values can
be measured directly with certain hand-held incident light meters.
A fixture designed, constructed and installed in such a manner
that all light emitted by it, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the fixture, is projected in a fixed direction below the horizontal.
It can be identified without a manufacturer's photometric report.
Also referred to as "zero uplight."
The sensation produced by a light source within the visual
field that is sufficiently brighter than the level to which the eyes
are adapted, which can cause annoyance, discomfort, or loss in visual
performance and visibility. The magnitude of glare depends on such
factors as the size, position, and brightness of the source, and on
the brightness level to which the eyes are adapted.
A family of bulb types that are known as "high-intensity
discharge," including high-pressure sodium, mercury vapor, and metal
halide. These types may require a warmup time, usually require a ballast,
and have a higher lumen output per watt than incandescent (or halogen)
lamps.
Temporary strings of small individual lamps.
Illuminating Engineering Society of North America (IES or
IESNA), a private membership organization that establishes updated
standards and illumination guidelines for the lighting industry.
The most-current publications of IESNA setting forth illuminance
levels for different task areas, e.g., walkways, streets, sportslights,
etc.
The density of light falling on any point of a surface, usually
measured in footcandles in the United States. See "footcandle."
The unit of measurement used to characterize the color of
light emitted by a lamp. See also "correlated color temperature."
The generic term for an artificial light source, to be distinguished
from the whole assembly (see "fixture"); commonly referred to as the
"light bulb."
Light-emitting diodes are assembled into a lamp to emit light.
LEDs are energy-efficient, directional, and have a long life for maintenance
purposes. Unfiltered LEDs are high in the blue spectrum (6,000+ Kelvin)
and require colored filters to produce "white" light. Also referred
to as "solid state lighting."
The form of radiant energy acting on the retina of the eye
to make sight possible.
The illuminance on a surface, as measured by a light meter
or reported in photometric calculations. Light levels are indicated
in footcandle measurements on a lighting plan and may also be expressed
as uniformity ratios and as isofootcandle plots.
Any adverse effect of man-made light, including, but not
limited to, glare, light trespass, skyglow, visual clutter, wasted
energy due to excessive or unnecessary lighting, or any man-made light
that unnecessarily diminishes the ability to view the night sky or
is disruptive to flora and fauna.
The light bulb and all reflecting and refracting parts of
the fixture that transmit light.
Light projected onto the property of another or into the
public right-of-way when it is not required or permitted to do so.
For reference, full moonlight averages 0.01 footcandle.
Any or all parts of a fixture that function to produce light,
including the bulb, assembly, ballast, mounting features and/or pole.
A unit used to measure the actual amount of light that is
produced by a bulb. The lumen quantifies the amount of light energy
produced by a lamp at the lamp, not by the energy input, which is
indicated by the wattage. For example, a 75-watt incandescent lamp
can produce 1,000 lumens, while a 70-watt high-pressure sodium lamp
produces 6,000 lumens. Lumen output is listed by the manufacturer
on the packaging or can be available from the manufacturer's website.
A fixture.
The brightness of a source of light.
The light levels that are produced by a lamp and in a fixture
after a period of time, taking the normal losses due to lamp aging
and fixture dirt accumulation into account.
The distance from level ground to the lowest light-emitting
part of the fixture.
Lighting for an intended purpose when that intended purpose
is not taking place.
A fixture which incorporates a partial shield around the
lamp, concealing the lamp from view only in certain directions.
Technical test reports that indicate light distribution and
performance from a fixture. Photometric reports may include candlepower
distribution data, cutoff classifications, isofootcandle charts, etc.
These are generally available from the fixture manufacturers as IES
files or isofootcandle plots.
An opaque device that is attached to a light fixture to prevent
light from being emitted in certain directions. Auxiliary "back" or
"house-side" shielding added to an already fully shielded fixture
can help limit trespass where a fixture is located near a property
line.
The overhead glow from light emitted sideways and upwards,
including light reflected upward from the ground or other surfaces.
Skyglow is caused by the reflection and scattering of various forms
of light by dust, water, and other particles suspended in the atmosphere.
Among other effects, skyglow reduces one's ability to view the night
sky. Different sources of light, in equal quantities, can contribute
differently to sky glow.
Lighting that is intended to be used for a limited time and
removed thereafter.
Refers to "Underwriters Laboratories," a commercial agency
that certifies the maximum safe wattage for fixtures and other electrical
devices. A UL label indicating the maximum safe wattage is affixed
or imprinted on all electrical fixtures which are offered for sale.
A ratio that describes uniformity of illuminance across an
area. The uniformity ratio may be a ratio of the maximum-to-minimum
illuminance or the average-to-minimum illuminance. For example, if
the Illuminating Engineering Society recommends an average-to-minimum
ratio of 4:1 for a parking lot, the minimum illuminance should be
no less than 1/4 of the average illuminance across the parking lot.
Uniformity ratios meeting professional recommendations will reduce
adaptation problems and promote better nighttime vision.
D.
Applicability.
(1)
All exterior light fixtures installed, replaced, or repaired
after the effective date of this section shall conform to the standards
established by this section.
(2)
All existing residential, private commercial, institutional,
and utility owned or operated exterior lighting lawfully installed
prior to the effective date of this section shall not cause light
trespass and shall protect adjacent properties and beyond from glare
and excessive lighting.
(3)
Existing lighting in conflict with this section shall be classified
as "nonconforming." All lighting existing or installed prior to the
date of the adoption of this section which does not conform with the
provisions of this section shall be exempt under the following conditions:
(a)
Lighting that violates the light trespass limits or creates
a public nuisance or hazard can be ordered removed or altered at any
time.
(b)
On the effective date of this section, any lighting installation
which would comply by re-aiming of the fixture shall be brought in
compliance with the terms of this section without delay.
(c)
Upon adoption of this section, with any repair or replacement
of any nonconforming fixture, or relocation of such fixture, that
fixture shall be brought into compliance with the terms of this section
at the completion of the repair or replacement.
(d)
Upon installation of any new fixture, the provisions of this
section shall fully apply. For nonresidential lighting, an inventory
of existing lighting submitted to the Board of Architectural Review
and Historic Preservation by the applicant will be required when the
application for installing new fixture(s) is made.
(e)
Residential lighting shall be required to conform to the light
trespass and glare provisions upon enactment of this section.
E.
Outdoor lighting standards.
(1)
General standards for nonresidential.
(b)
Canopy lights, such as service station lighting, shall be fully
recessed or fully shielded and located to prevent glare and light
trespass.
(c)
Area lights. All area lights shall be fully shielded or zero
uplight.
(d)
Electrical utility companies, including their agents, shall
not install, replace, re-lamp, nor repair any utility-pole-mounted
fixtures after the effective date of this section without first receiving
prior approval for such installation by the Board of Architectural
Review and Historic Preservation.
[1]
No fixture shall exceed 3,000 K.
[2]
Every fixture shall be fully shielded, as designed
and installed.
[3]
Every fixture shall be fitted with middle-of-the-night
shutoffs when the need for such lighting has been met.
[4]
Light levels shall meet the provisions herein and
shall not exceed five footcandles.
(e)
Automatic teller machine (ATM) and other bank lighting shall
be fully shielded and shall not cause glare or light trespass.
(f)
Wall packs and floodlights that are not fully shielded are not
permitted.
(2)
Type of fixtures for all exterior lighting. All exterior lighting
shall use fully shielded fixtures, as determined by a photometry test
or certified by the manufacturer, with the light source directed downward
and with the lowest light-emitting part of the fixture level with
the horizontal plane, with the following exceptions:
(a)
Unshielded residential fixtures mounted within five feet of
a doorway, equal to the lumen output of one 60-watt incandescent light
per fixture (900 lumens), regardless of the number of lamps in such
fixtures, are allowed, provided the light trespass limitations and
other provisions are met. Residential fixtures do not require photometric
testing if UL rated no more than 60 watts aggregate.
(b)
Residential floodlights that are UL rated at no more than 60
watts aggregate are permitted if angled downward and only if the fixture
does not cause glare or light trespass, and beam spread does not extend
beyond the intended target or across property lines. Photocells with
operable timers that allow a light to go on at dusk and off by 11:00
p.m., as well as motion-sensor-activated lights for pedestrian safety
and security concerns, are encouraged.
(c)
Holiday lighting installed and lit between November 15 and January
15 of the following year.
(d)
Residential sensor-activated fixtures, provided:
[1]
The fixtures are operational and located in such
a manner, or shielded, to prevent glare and light trespass;
[2]
The fixtures are set to only go on when activated
and to go off within five minutes after activation has ceased;
[3]
The sensor shall not be triggered by activity off
the property; and
[4]
The fixture, regardless of the number of bulbs,
is lamped no greater than 900 lumens (equivalent to 60 watts incandescent).
(e)
Vehicular lights and all temporary emergency lighting needed
by the Fire, Ambulance, and Police Departments, or other emergency
services, are exempt.
(f)
Lighting of radio, communication and navigation towers is allowed,
provided the owner or occupant demonstrates that the Federal Aviation
Administration (FAA) regulations can only be met through the use of
lighting that does not comply with this section and that the provisions
of this section are otherwise met. Tower lighting shall not be permitted
unless required by the FAA; in which case, required lighting shall
be of the lowest allowed intensity, and red, unless specifically forbidden
under FAA requirements.
(g)
Neon lights, searchlights, pulse and laser lights are prohibited.
Blinking, tracing or flashing lights are prohibited.
(h)
Fixtures used for municipal playing fields may be exempt from
the shielding requirements when fully shielded fixtures or shielding
devices are not available for the intended purpose, and provided all
other provisions of this section are met and the light is used only
while the field is being used for permitted uses. There shall be no
lighting of private sporting courts or playing fields, surfaces or
areas within the Village.
(i)
In situations of lighted flags which are not illuminated with
downward lighting, upward lighting may be used in the form of a narrow
cone spotlight, which confines the illumination to the flag. Municipal
flags are exempt from this requirement.
(j)
Sign lighting equipment, provided that the light falls entirely
on the surface of the sign and no glare is visible from property lines
or from public streets. Top-mounted sign lights are encouraged.
F.
Placement and height of fixtures for all exterior lighting.
(1)
No fixtures shall be taller than 20 feet from the ground to
their tallest point. Parking area lights are encouraged to be greater
in number, lower in height and lower in light level, as opposed to
fewer in number, higher in height and higher in light level. (See
Attachment 1.[1])
[1]
Editor's Note: Attachment 1 is on file in the Village offices.
(2)
Fixtures for municipal streetlights and playing fields shall
be exempt from the height restriction, provided all other provisions
of this section are met. Setbacks from the property line and back
and side shielding are encouraged in the design process, to avoid
light trespass and glare.
(3)
All residential, private commercial, institutional, and utility
existing and/or new exterior lighting shall be located and at a mounting
height to prevent light trespass and shall protect adjacent properties
from glare and excessive lighting.
(4)
Privately owned or leased light fixtures located on public utility
poles or located in the public right-of-way are prohibited.
G.
Illuminance and type of lamp for all nonresidential lighting.
(1)
No fixture shall be located or concentrated so as to produce
glare or direct illumination across the boundary property line, nor
shall any such light be of such intensity as to create a nuisance
or detract from the use and enjoyment of adjacent property. The maximum
illuminance at or beyond the property line that adjoins a residential
parcel or public right-of-way may not exceed 0.05 FC horizontal on
the ground or 0.05 FC vertical measured at a five-foot height above
the ground unless another applicable law supersedes. Maximum horizontal
or vertical illuminance allowed between adjacent commercial properties
is 0.1 FC.
(2)
The average illuminance levels listed in the Illumination Levels
for Various Common Tasks, as provided in the IESNA Recommended Practices,
RP 33, Lighting for Exterior Environments, shall not be exceeded for
nonresidential lighting unless otherwise specified or approved by
the Board of Architectural Review and Historic Preservation. The Village
recognizes that not every situation will require lighting, and excessive
or unnecessary light shall be avoided. Also, appropriate lighting
levels are dependent upon the general nature of the surroundings,
and the Board of Architectural Review and Historic Preservation may
require more or less than those listed in the IESNA Recommended Practices
Guidelines. Illuminance level measurements for parking lots, sidewalks,
and other walkways shall include any light from nearby side-mounted
building lights, freestanding sidewalk lights affected by side-mounted
building lights, and streetlights. In no instance may any lighted
surface, as installed, except for nonprofessional sports fields, exceed
five footcandles, as measured horizontally or vertically by a light
meter.
(3)
No light source shall be permitted that exceeds 3,000 Kelvin.
(4)
Streetlights shall be fully shielded and shall not be lamped
to exceed 3,000 Kelvin. At ground level, footcandle measurements shall
not exceed professional recommendations as set by IESNA Recommended
Practices, RP 8, for Roadway Lighting. [Exception to "fully shielded":
replacements of historic municipal streetlights; e.g., if the fixture
is an historic or decorative fixture which is part of a continuous
lighting design where the replacement of the fixture piecemeal with
compliant fixtures would unacceptably alter the aesthetic characteristics
of the existing lighting design.]
H.
Procedures for nonresidential lighting.
(1)
Any change or alteration of nonresidential exterior lighting
must be approved by the Board of Architectural Review and Historic
Preservation and verified, post installation, by the Code Enforcement
Officer, to ensure compliance with all the provisions of this section.
Where new installations have been designed by an illuminating engineer/professional,
he or she shall also conduct a post-installation inspection to verify
and certify that the installed system operates as designed.
(2)
All applications for design review or site plan review, special
exception permits, or building permits shall include lighting plans,
fixture and controls specifications and additional documentation,
if any lighting is to be used, regardless of whether the lighting
is preexisting or proposed, showing the following, if requested by
the Board of Architectural Review and Historic Preservation, in order
to verify that lighting conforms to the provisions of this section:
(a)
Location of each current and proposed outdoor lighting fixture
indicated on a site plan.
(b)
Type of exterior lighting equipment, including cutoff characteristics,
indicating manufacturer and model number.
(c)
Lamp source type, lumen output, and wattage.
(d)
Mounting height indicated, with distance noted to nearest property
line, for each fixture.
(e)
Shielding and all mounting details, including pole foundation
description.
(f)
Initial illuminance levels as expressed in footcandle measurements
on a grid of the site showing footcandle readings in every five-foot
grid. The grid shall include light contributions from all sources
(i.e., pole-mounted lights, wall-mounted lights, and signs, including
streetlights).
(g)
Statement of the proposed hours when each fixture will be operated.
(h)
Total exterior initial lamp lumens for proposed property.
(i)
Lighting manufacturer specifications (cut sheets) with photographs
of the fixtures, indicating the cutoff characteristics of the fixture.
(j)
Detailed photometric layout, in five-foot grids, indicating
footcandle measurements, with a "key" on the lighting plan indicating
the uniformity ratios as provided by the lighting manufacturer's applications
department.
(k)
Types of timing devices used to control on/off.
(l)
If necessary, documentation by a lighting designer or engineer
showing that the provisions can only be met with a design that does
not comply with this section.
(3)
Exceptions may be made for additions or replacements to existing
exterior lighting installations, when the total lumens for the fixtures
does not exceed a total of 4,000 initial lumens. An application shall
be submitted to the Board of Architectural Review and Historic Preservation
for a permit and shall include:
(a)
The manufacturer's cut sheet with a photograph of the fixture(s)
to assure compliance to meet the definition of "fully shielded."
(b)
Location of the fixture(s) on a diagram of the site or on a
site plan indicating the height of the fixture and the distance in
feet from level ground under the fixture(s) to the nearest property
line.
(c)
The initial lumen output of the fixture(s).
(d)
Bulb (light source) type(s).
(e)
The Kelvin rating of the light source(s).
(f)
Hours of operation and lighting (timing) control device.
(4)
Upon any such application, the Board of Architectural Review
and Historic Preservation may require all preexisting lighting to
be changed to conform to all the provisions of this section.
(5)
No exterior lighting shall be altered, enlarged, moved, improved,
or converted unless it conforms to a lighting plan approved by the
Board of Architectural Review and Historic Preservation.
(6)
The following guidelines will be made available to applicants
to facilitate compliance:
(a)
Diagrams of generally acceptable and generally unacceptable
light fixtures.
(b)
Diagrams of positioning of sign lights.
(c)
Various wattage/lumen conversions.
(d)
Latest version of Illumination Levels for Various Tasks, including
uniformity ratios (from IESNA Recommended Practices, Lighting for
Exterior Environments, RP 33).
(e)
Diagram for setbacks for freestanding fixtures.
(f)
Educational/support information for the public and the building
trades.
I.
Violations; penalties for offenses.
(1)
It shall be unlawful for any person to install, alter, repair,
move, equip, use or maintain any lighting in violation of any of the
provisions of this section, or to fail in any manner to comply with
a notice, directive or order of the Code Enforcement Officer.
(2)
Any person who shall fail to comply with a written order of
the Code Enforcement Officer within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any person taking part
or assisting in the installation, alteration, repair, equipping, use
or maintenance of any lighting in violation of any of the applicable
provisions of this section or any lawful order, notice, directive,
permit or certificate of the Code Enforcement Officer made hereunder
shall commit a violation of this section. Any person, firm or corporation
violating any of the provisions of this section shall, upon conviction
thereof, be subject to a fine not exceeding the sum of $250 for any
offense, and each day that a violation continues shall be deemed to
constitute a separate offense.
A.
General. Off-street parking and truck loading spaces
shall be provided and kept available as an accessory use to all permitted
and special exception uses of buildings, structures and lots in amounts
not less than those specified in this section.
B.
Method of determining off-street parking space requirements.
(1)
The requirement for a single use (e.g., a one-family
dwelling or a retail store) shall be determined directly from the
schedule of such requirements which is a part of this section.
(2)
The requirement for a combination use made up of several
component uses (e.g., a bowling alley combined with an auditorium,
and a restaurant and bar, or a retail store combined with an office
building) shall be determined by establishing the requirement for
each component use from the schedule of such requirements which is
a part of this section and adding them together.
(3)
When the required number of spaces is determined to
result in a fraction, it shall be increased to the next highest whole
number.
(4)
If the use is not specifically listed in the schedule
of such requirements, the requirement shall be the same as for the
most similar use listed.
(5)
A garage or carport may be used to meet the requirements
of this section. A driveway may only be used to meet the requirements
of this section where it serves a one-family or two-family dwelling.
C.
Schedule of off-street parking space requirements
for residential uses.
|
Uses
|
Number of Spaces Required
|
|---|---|
|
One-family and two-family dwelling
|
2 per dwelling unit, plus 1 additional space
for each bedroom in excess of 3 bed- rooms
|
|
Multiple dwelling
|
2 per dwelling unit
|
|
Residential membership club or fraternity
|
1 per residence unit, plus 1 per each 2 employees
on the premises at one time
|
D.
Schedule of off-street parking space requirements
for nonresidential uses.
|
Uses
|
Number of Spaces Required
|
|---|---|
|
Auditorium, church, convention hall, gymnasium,
stadium, theater, studio or other place of public assembly not otherwise
classified
|
1 per 3 permanent seats or 1 per each 40 square
feet of seating area where fixed seating is not provided, plus 1 per
each employee and/or participant in scheduled events
|
|
Bank, savings and loan association
|
Same as for offices, plus a ten-space queuing
line for each drive-in teller's window
|
|
Bowling alley
|
4 per alley
|
|
Drive-in facility, outdoor sales lot
|
1 per each 600 square feet of lot area
|
|
Filling station, repair garage
|
Sufficient parking spaces for all vehicles stored
or being serviced at any one period of time, plus a minimum of 5 additional
spaces
|
|
Funeral home
|
1 per 40 square feet of public room floor area
|
|
Home furnishings showroom
[Added 5-24-2022 by L.L. No. 10-2022] |
1 per each 500 square feet of total floor area
|
|
Home occupation, home professional office
|
2 for the first 150 square feet of area given
over to this component of the land use, plus 1 for each additional
150 square feet or fraction thereof, but in no case less than 2 spaces,
plus 1 per each employee
|
|
Hotel, motel
|
1 per guest bedroom, plus 1 per each 2 employees
on the premises at one time
|
|
Manufacturing or industrial establishment, research
institute or laboratory
|
Parking area equivalent to the total ground
coverage of the use, with a minimum of 2 improved spaces per each
employees on the premises at one time, but in no case less than 2
spaces
|
|
Marina, boatyard
|
1 per each boat slip, mooring, dock space or
similar unit of capacity, plus 1 per each em- ployee
|
|
Nursing home
|
1 per each 2 beds, plus 1 per each 2 employees
on the premises at one time
|
|
Office, office building, medical arts or ambulatory
care clinic.
[Amended 1-29-1982 by L.L. No. 1-1982; 3-19-1991 by L.L. No. 2-1991] |
1 per 180 square feet of gross floor area
|
|
Public or semipublic art gallery, library or
museum
|
Same as for auditoriums, etc.
|
|
Restaurant, club
|
1 per 3 permanent seats or the floor area equivalent,
plus 1 per each employee
|
|
Retail store, personal service store
[Amended 3-19-1991 by L.L. No. 2-1991] |
1 per 180 square feet of gross floor area
|
|
School
|
1 per each employee, plus 1 per each 8 students
in the 12th grade or per each 2 students in higher grades or the parking
requirement for the auditorium or gymnasium component of the use,
whichever is the greater
|
|
Shop for custom work
|
1 per 150 square feet of gross floor area
|
|
Tavern, bar
|
2 per each 3 persons of rated capacity, plus
1 per each employee
|
|
Veterinarian, veterinary hospital
[Amended 1-29-1982 by L.L. No. 1-1982] |
1 per 200 square feet of gross floor area
|
|
Wholesale establishment, warehouse
|
Same as for manufacturing or industrial establishment
|
E.
Off-street truck loading space requirements. Every
building or structure or lot used for nonresidential purposes shall
be provided with off-street truck loading spaces in accordance with
the following schedule:
|
Floor Area
(square feet)
|
Number of Spaces Required
|
|---|---|
|
Under 5,000
|
None
|
|
5,000 to 14,999
|
1
|
|
15,000 to 40,000
|
2
|
|
Over 40,000
|
1 for each additional 40,000 square feet over
and above the requirement for the first 40,000 square feet
|
F.
Supplemental regulations for private garage or off-street
parking areas in residence districts.
(1)
Not more than two parking spaces per dwelling unit
may be rented to persons living off the premises in the case of a
one-family or two-family dwelling use; nor more than one parking space
per each two dwelling units may be rented to persons living off the
premises in the case of any other residence use.
(2)
Not more than one commercial vehicle shall be housed
or parked in a private garage or off-street parking area. Such commercial
vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds
or 25 feet in length.
G.
Access driveway requirements.
(1)
Private garages, public parking areas, filling stations
and repair garages may have separate or combined entrances.
(2)
Every separate entrance or exit driveway shall have
a minimum unobstructed width of 12 feet on the street. Every combined
entrance and exit driveway shall have a minimum unobstructed width
of 24 feet on the street, except for one-family residence, where the
minimum shall be 10 feet.
[Amended 3-19-1991 by L.L. No. 2-1991]
(3)
The intersection of a separate or combined exit and entrance driveway of a public parking area with the public street shall have the same corner clearance as prescribed for intersecting streets in § 116-16 of this chapter.
(4)
The gradient of driveways shall be such as to facilitate
entrance and exit traffic flow.
H.
Driveway, curb and sidewalk construction.
[Added 10-17-1989 by L.L. No. 15-1989[1]]
(1)
No driveway, curb cut, curb return or sidewalk will
be constructed connecting the abutting property to a Village street
without a permit therefor, as hereinafter provided, and except in
conformity with the provisions of this Article. The filing fee for
such application for such permit shall be $200 or such other amount
as the Village Board of Trustees may hereafter fix and establish from
time to time by resolution.
[Amended 8-13-2009 by L.L. No. 4-2009]
(2)
Driveways crossing curblines and sidewalks shall not
be less than 10 feet.
(3)
Not more than one curb cut shall be permitted for
each parcel, except that one additional curb cut may be permitted
for a parcel which has at least 100 feet of frontage on a Village
street. In the case of a corner lot, such corner lot shall be permitted
to have one curb cut on each street on which such lot has frontage
(amounting to a total of two curb cuts), and in the event that such
corner lot has at least 100 feet of frontage on one of the streets,
one additional curb cut may be permitted on such street (amounting
to a total of three curb cuts).
[Amended 8-13-2009 by L.L. No. 4-2009]
(4)
Application for a permit to construct a driveway,
curb cut, curb return or sidewalk shall be made to the Building Inspector
of the Village and shall contain such information as the Building
Inspector shall require, including a description of the proposed construction
and its location. Application for such permit shall include a survey
locating any existing driveway and the proposed driveway, locating
existing trees within the right-of-way of the Village street and locating
any proposed trees within the right-of-way of the Village street.
If removal of any existing tree within the right-of-way of the Village
street is proposed, or if planting of any tree within the right-of-way
of the Village street is proposed, such permit shall not be issued
without the written approval of the Superintendent of Public Works.
[Amended 10-9-2008 by L.L. No. 8-2008]
(5)
All driveways, curb cuts, curb returns and sidewalks
and similar improvements shall be constructed at the total expense
of the abutting property owner. The surface between the property line
and the pavement of the Village street shall be asphalt, concrete
or Belgian block.
(6)
In any case where a circular driveway is proposed to be constructed, no permit shall be issued therefor unless the plans therefor include an accessory off-street parking area for the off-street parking as required by this chapter. In residence districts, a permit for the accessory off-street parking area is required pursuant to § 116-9B(1) of this chapter.
[Amended 8-13-2009 by L.L. No. 4-2009; 7-21-2015 by L.L. No. 3-2015]
(7)
The owner of the premises responsible for such construction
of a driveway, curb cut, curb return or sidewalk, without a permit
or otherwise in conformity with a permit, may be required to remove
the same; and, upon failure to do so, the same may be removed by the
Village and the cost thereof certified to the Board of Trustees, by
the Building Inspector, and assessed against the property of such
owner or collected by the Village from such owner by other legal proceedings.
I.
Design requirements for nonresidential parking and
truck loading areas.
(1)
All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of § 116-9A of this chapter.
(2)
The physical improvements of off-street parking and
truck loading areas shall include:
(a)
Curbs, paving, sidewalks and drainage facilities
complying with the standards established in municipal ordinances,
regulations or specifications.
(b)
Adequate lighting in public parking areas to
assure the general safety and convenience of the public.
(c)
Appropriate screening for the protection of adjacent properties, particularly along district boundary lines as provided in § 116-11D(7) of this chapter.
(3)
All aisles within parking areas shall have a minimum
width of 24 feet when the parking spaces are at a ninety-degree angle
with the aisle; 18 feet when the parking spaces are at a sixty-degree
angle; and 12 feet when the parking spaces are at a forty-five-degree
angle.
(4)
Aisles and turning areas shall provide good internal
circulation with adequate radii to assure ease of mobility, ample
clearance and convenient access. All aisles not adjacent to parking
stalls and permitting two-way traffic flow shall have a minimum width
of 24 feet. All aisles not adjacent to parking stalls and permitting
only one-way traffic flow shall have a minimum width of 12 feet.
[Amended 3-19-1991 by L.L. No. 2-1991]
(5)
Center-line gradients of aisles shall not exceed 8%.
(6)
Accessory off-street parking areas shall be marked
off into parking spaces either with a minimum width of nine feet and
a minimum length of 19 feet or with a minimum width of 10 feet and
a minimum depth of 18 feet or, in the case of parking spaces for trucks
or special equipment, parking spaces of a minimum size to be determined
by the municipality, based on the nature of the parked vehicle.
[Amended 3-19-1991 by L.L. No. 2-1991]
(7)
An accessory off-street truck loading space shall
have a minimum width of 12 feet, a minimum length of 25 feet and a
minimum clear height of 14 feet. The related aisles or driveways shall
have the same minimum width and clear height.
J.
Exemptions and waivers. Existing buildings and uses
are exempt as follows:
(1)
The provisions of this section shall not apply to
any building or structure or lot lawfully in use at the effective
date of this chapter, whether continued as a permitted use or as a
legal nonconforming use or thereafter converted or changed without
enlargement to a different lawful use having the same parking and
truck loading requirements.
(2)
However, no building or structure or lot lawfully
in use at the effective data of this chapter shall be enlarged unless
the off-street parking and truck loading space requirements of this
section are complied with to the same extent as would be required
if the entire preexisting building or structure or lot and the proposed
enlargement were being submitted as if it were a new application for
a building permit for the entire project; except that credit shall
be given for the off-street parking and loading spaces that would
have been required for the existing buildings, structures and uses
if they did not have preexisting status. It is intended by this provision
that additional off-street parking and truck loading spaces shall
be provided with respect to the proposed enlargement, but no additional
spaces shall be required with respect to the preexisting portions.
However, spaces actually provided at or prior to the time of the application,
even if voluntary or informal and unpaved, shall be charged to the
preexisting portions and shall be formalized and paved incident to
construction of the addition.
[Amended 12-9-1983 by L.L. No. 13-1983]
K.
VB District.
[Added 4-11-2013 by L.L. No. 2-2013]
(1)
In accordance with the Village comprehensive plan update for the VB District (entitled Southampton Village Center Zoning & Architectural Design Guidelines, dated January 7, 2013) and § 116-38B(2), in order to eliminate multiple entrances and exits, reduce traffic hazards, gain a higher efficiency in vehicular and pedestrian circulation, conserve space and to promote orderly development, shared parking facilities shall be provided between adjacent lots to serve a number of uses in such a manner as to obtain the maximum efficiency in parking and vehicular circulation, except where it is not physically feasible.
(2)
Shared
alleyways for pedestrian and/or vehicular traffic shall be provided
to connect public streets to parking areas to the rear of buildings.
Alleyways shall be provided a maximum of 235 feet from the nearest
intersection or alleyway and shall include a minimum sidewalk depth
of five feet.
(3)
Vehicular
access to parking areas shall be provided by shared alleyways in lieu
of individual lot curb cuts.
(4)
Permeable
pavement shall be used for all alleyways and parking areas.
(5)
Parking requirements shall be 60% of the spaces set forth in § 116-14D, Schedule of off-street parking space requirements for nonresidential uses.
(6)
Parking
requirements for residential uses shall be one space for a one-bedroom
unit, 1.5 spaces for a two-bedroom unit, and an additional 0.5 space
for each additional bedroom.
L.
Method of determining off-street parking space requirements for one-family
dwellings.
[Added 7-21-2015 by L.L.
No. 3-2015]
(1)
Pursuant to § 116-14C, the required number of off-street parking spaces for a one-family dwelling consists of two spaces, plus one additional space for each bedroom in excess of three bedrooms. For the purpose of determining such required number of off-street parking spaces:
(2)
Notwithstanding the foregoing, the Building Inspector may exclude from the overall bedroom count for the dwelling any room listed in Subsection L(1)(c) above if the Building Inspector reasonably determines that future use of such room as a bedroom is not feasible or practical, provided that such determination is made in a written determination setting forth the basis for same.
(3)
Notwithstanding any provision in this chapter to the contrary, in the case of reconstruction of an existing one-family dwelling in whole or in part, the provisions set forth in Subsection L(1) above shall apply if the cost of the proposed reconstruction equals or exceeds 50% of the full replacement cost of the existing dwelling at the time of reconstruction. It is the intent of the foregoing that, with respect to a project involving an existing one-family dwelling, whether characterized as involving demolition of the existing dwelling and construction of a new dwelling or characterized as involving reconstruction of the existing dwelling, the provisions set forth in Subsection L(1) above shall apply if the cost of the proposed project equals or exceeds 50% of the full replacement cost of the existing dwelling at the time of the project.
M.
Design requirements for accessory off-street parking areas for one-family
dwellings.
[Added 7-21-2015 by L.L.
No. 3-2015]
(1)
Off-street parking areas shall be designed so that each required
off-street parking space has a minimum width of 10 feet and a minimum
length of 18 feet.
(2)
Off-street parking areas shall be designed so that each required
off-street parking space is provided convenient access at a time when
motor vehicles are parked in all required off-street parking spaces.
If at such time access from a particular required off-street parking
space to the street would necessitate moving more than one other motor
vehicle (more than one motor vehicle other than the motor vehicle
parked in such particular required-off-street parking space) parked
in required off-street parking spaces, such particular off-street
parking space does not meet the standard that such particular off-street
parking space be provided convenient access. In other words, stacking
of required off-street parking spaces in a manner which does not meet
such standard of convenient access is not allowed.
(3)
Where a driveway is used to provide required off-street parking spaces, use of a driveway for such purpose shall be subject to the design requirements set forth in this Subsection M, and the term "off-street parking area" shall be deemed to include each required off-street parking space provided in a driveway.
A.
Outer courts or spaces.
B.
Inner courts or spaces. The least horizontal dimension
of an inner court at its lowest level shall be not less than the larger
of the following two dimensions:
[Amended 3-8-1974]
On a corner lot in any district, except in districts
where there is no minimum lot area requirement, within the triangular
area determined as provided in this section, no wall or fence or other
structure shall be erected to a height in excess of 30 inches, and
no vehicle, object or any other obstruction of a height in excess
of 30 inches shall be parked or placed, and no hedge, shrub or other
growth shall be maintained at a height in excess of 30 inches, except
that trees whose branches are trimmed away to a height of at least
10 feet above the curb level, or pavement level where there is no
curb, shall be permitted. Such triangular area shall be determined
by two points, one on each intersecting street line, each of which
points is 20 feet from the intersection of such street lines.
A.
Statement of purpose. The requirements contained in
this section are designed to promote and protect the public health,
to prevent overcrowded living conditions, to guard against the development
of substandard neighborhoods, to conserve established property values
and to contribute to the general welfare.
B.
Minimum schedule. Every dwelling or other building
devoted in whole or in part to a residential use which is hereafter
erected or is hereafter converted to accommodate additional families
shall provide a minimum floor area per family, on floors with clear
ceiling height of not less than seven feet six inches, in conformity
with the following schedule and with the other provisions of this
section. The minima stipulated herein shall be deemed to be exclusive
of unenclosed porches, breezeways, garage areas and basement and cellar
rooms or areas.
(1)
One-family and two-family detached dwellings.
|
Minimum Floor Area
(square feet)
| |||
|---|---|---|---|
|
Required Lot Area Pursuant to Zoning District
(square feet per dwelling unit)
|
1-Story Building or First Floor
|
1 1/2-or-More-Story Building
| |
|
First Floor
|
Other Floors
| ||
|
10,000 or less
|
800
|
800
|
400
|
|
10,001 to 20,000
|
1,000
|
900
|
500
|
|
Over 20,000 to 40,000
|
1,500
|
1,250
|
750
|
|
Over 40,000
|
2,000
|
1,500
|
900
|
(2)
Apartment dwelling units, where permitted.
|
Number of Rooms
|
Minimum Apartment Unit Area
(square feet)
|
|---|---|
|
1 room, studio or efficiency
|
600
|
|
Each additional room
|
100
|
(3)
Mobile homes: not permitted.
C.
Least overall dimension. The least overall dimension
of any minimum required first floor area of a dwelling shall be 20
feet.
[Added 4-10-2003 by L.L. No. 3-2003[1]; amended 4-8-2005 by L.L. No. 2-2005; 11-10-2005 by L.L. No. 7-2005]
A.
As used herein, the term "gross floor area of a dwelling"
shall include the total gross horizontal area of all floors of a dwelling
measured to the exterior of the outside walls, including the horizontal
floor area of any enclosed breezeway-type structure that is part of
the dwelling and the horizontal floor area of any enclosed porch,
but excluding the following:
(1)
The floor area of a cellar shall be excluded
in calculating the gross floor area.
(2)
The floor area of a half story shall be excluded
in calculating the gross floor area to the extent that the half story
has a ceiling height of at least 7 1/2 feet over not more than
1/3 of the total floor area of the half story. If the half story has
a ceiling height of at least 7 1/2 feet over more than 1/3 of
the total floor area of the half story, the excess (the portion of
the floor area having a ceiling height of at least 7 1/2 feet
which exceeds 1/3 of the total floor area of the half story) shall
be included in calculating the gross floor area.
[Amended 10-11-2007 by L.L. No. 10-2007]
(3)
Any floor area under the roof of a roofed porch,
deck, patio, balcony or similar roofed structure attached to the dwelling
shall be excluded in calculating the gross floor area, provided that
the roofed porch, deck, patio, balcony or similar roofed structure
is not enclosed so as to be habitable space.
(4)
The floor area of a garage that is part of the
dwelling shall be excluded to the following extent in calculating
the gross floor area:
[Amended 10-11-2007 by L.L. No. 10-2007]
(a)
In districts requiring 20,000 square feet of
lot area or less, the floor area of such garage shall be excluded
to the extent of 520 square feet. (If the floor area of such garage
exceeds 520 square feet, the excess shall be included in calculating
the gross floor area.)
(b)
In districts requiring more than 20,000 square
feet of lot area, the floor area of such garage shall be excluded
to the extent of 800 square feet. (If the floor area of such garage
exceeds 800 square feet, the excess shall be included in calculating
the gross floor area.
B.
The maximum gross floor area of a dwelling within the R-120, R-80
and R-60 Residence Districts shall be 10% of the lot area of the lot,
plus 1,500 square feet.
[Amended 10-11-2007 by L.L. No. 10-2007; 4-13-2017 by L.L. No. 2-2017; 5-10-2018 by L.L. No.
3-2018]
C.
In the case of a lot where the maximum gross floor area limitation calculated pursuant to Subsection B above or Subsection E below would permit a dwelling having more than 18,000 square feet of gross floor area, the maximum gross floor area limitation applicable to such lot shall be 18,000 square feet. It is the intent of this provision that, notwithstanding Subsection B above or Subsection E below, the gross floor area of a dwelling shall not exceed 18,000 square feet under any circumstance.
[Amended 6-20-2017 by L.L. No. 5-2017]
D.
Gross floor area shall be calculated and certified
as correct by a New York State licensed architect, professional engineer
or surveyor.
E.
The maximum gross floor area of a dwelling within the R-40, R-20,
R-12.5 and R-7.5 Residence Districts and the MF-20 Multi-Family Residence
District shall be 10% of the lot area of the lot, plus 1,500 square
feet, less the total gross floor area of accessory buildings on the
lot calculated in accordance with the following provisions.
[Added 10-11-2007 by L.L.
No. 10-2007; amended 4-13-2017 by L.L. No. 2-2017; 5-10-2018 by L.L. No. 3-2018]
(1)
In calculating the total gross floor area of accessory buildings
on the lot, the floor area of a detached garage shall be excluded
to the following extent:
(a)
In districts requiring 20,000 square feet of lot area or less,
the floor area of such garage shall be excluded to the extent of 520
square feet. (If the floor area of such garage exceeds 520 square
feet, the excess shall be included in calculating the gross floor
area.)
(b)
In districts requiring more than 20,000 square feet of lot area,
the floor area of such garage shall be excluded to the extent of 800
square feet. (If the floor area of such garage exceeds 800 square
feet, the excess shall be included in calculating the gross floor
area.)
(2)
The exclusion from gross floor area of a dwelling set forth in Subsection A(4) above for a garage that is part of the dwelling shall not be applicable in the case of a lot which utilizes the exclusion for a detached garage set forth in Subsection E(1) above. In the case of a lot which utilizes the exclusion for a detached garage set forth in Subsection E(1) above, the entire floor area of a garage that is part of the dwelling shall be included in calculating the gross floor area of the dwelling.
[1]
Editor's Note: This local law also provided
that applications for building permits filed prior to 2-1-2003 would
be exempt from the provisions of this section.
A.
In a residence district.
(1)
No fence or wall in a required front yard shall have
a height greater than four feet.
(2)
No fence or wall in a required rear or side yard shall
have a height greater than six feet.
(3)
Any such fence shall have the face or finished side
thereof facing the property line of the adjacent owner or adjacent
street. The Building Inspector shall designate which side of the fence
is the finished or face side of the fence.
[Added 3-11-1977 by L.L. No. 1-1977]
(4)
A gate and/or gateposts at a driveway entrance or
exit may exceed the foregoing height limitation but shall not exceed
eight feet in height and for not more than an aggregate width of 25
feet.
[Added 12-9-1983 by L.L. No. 11-1983]
(5)
A gate and/or gateposts at a driveway entrance or
exit shall have a minimum setback of 18 feet from the edge of street
pavement on the street right-of-way and shall not encroach upon the
street right-of-way. In a case where the distance from the edge of
street pavement on the street right-of-way to the front lot line is
less than 18 feet, the foregoing is intended to require a setback
from the front lot line sufficient to achieve a setback of 18 feet
from the edge of street pavement on the street right-of-way. In a
case where the distance from the edge of street pavement on the street
right-of-way to the front lot line is more than 18 feet, the foregoing
is intended to require a setback of more than 18 feet from the edge
of street pavement on the street right-of-way, so that the gate and/or
gateposts will not encroach upon the street right-of-way.
[Added 11-13-2008 by L.L. No. 11-2008]
B.
In a nonresidence district.
(1)
No fence or wall within 10 feet of a lot line in a
required front or side yard shall have a height greater than six feet.
(2)
No fence or wall within 10 feet of a lot line in a
required rear yard shall have a height greater than 10 feet.
(3)
Any such fence shall have the face or finished side
thereof facing the property line of the adjacent owner or adjacent
street. The Building Inspector shall designate which side of the fence
is the finished or face side of the fence.
[Added 3-11-1977 by L.L. No. 1-1977]
C.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence; except that where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and, further, except that any fence or wail on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsections A and B above.
[Added 4-24-2001 by L.L. No. 6-2001]
A.
Construction and vegetation.
(1)
All berms shall be constructed so that all sides
of the berm shall not have a slope greater than one to three feet.
For the purposes of this section, the slope shall refer to the ratio
of a vertical rise of one foot to a horizontal run of three feet.
(2)
All berms shall be constructed out of clean
fill or an approved equal. Said fill shall be given sufficient time
to settle before final shaping and topsoil are applied. After the
settled fill has been shaped, a uniform six-inch layer of approved
horticultural topsoil shall be placed and fine graded.
(3)
All berms shall be properly vegetated and landscaped,
as approved by the Planning Board, before any erosion occurs in the
topsoil on the berm, or, in the alternative, the berm shall be covered
with an approved ground cover until such time as the berm can be properly
landscaped.
(4)
No fence or wall shall be constructed on a berm.
However, a retaining wall may be placed on the sides of a berm where
the Planning Board finds said retaining wall will promote aesthetic
considerations and the height of same does not exceed the grade of
the berm.
(5)
The construction of berms and the berm itself
shall not interfere with the natural drainage.
B.
Berm height.
(1)
In all residence districts, no berm shall have
a height greater than three feet in a required front yard or four
feet in a required rear or side yard.
(2)
In all nonresidence districts, no berm shall
have a height greater than six feet in a required front, rear or side
yard. Notwithstanding the foregoing, the Planning Board may approve
modifications to such height limitations where the Planning Board
makes specific findings that such modification is necessary in order
to limit adverse impacts or promote aesthetic considerations and that
such modification will promote the public interest without detrimental
effect on any adjoining property or street. However, in no event shall
a berm in a required yard exceed a height of 10 feet.
(3)
The height of a berm shall be the vertical distance
from the top of the berm to the natural existing grade at the base
of the berm.
C.
Permit required for construction of berms.
(1)
All berms shall require a building permit.
(2)
All applications for a building permit for a
berm shall include the following:
(a)
A detailed grading plan of the entire site,
indicating the existing topography in contour intervals no greater
than five feet and the proposed topography in contour intervals no
greater than two feet. The scale of the grading plan shall be no greater
than one inch equals 20 feet.
(b)
A cross-section of the berm indicating the type
of materials to be used in constructing the berm (i.e., fill, topsoil)
and the location of landscaping. The scale of cross-section shall
be no greater than one inch equals four feet.
(c)
A detailed landscaping plan indicating the location,
size and quality of the species to be planted.
(3)
All applications for a building permit for a
berm shall be referred to the Planning Board for its approval with
respect to the compatibility of the berm with the surrounding properties
and associated land uses, drainage considerations and landscaping.
The Building Inspector shall not issue a permit for a berm until Planning
Board approval has been received.
D.
Construction and other activities in a coastal erosion hazard area as defined in Chapter 49 of the Village Code are regulated by Chapter 49 of the Village Code. The regulations of this chapter (Chapter 116) with respect to berms are not intended to regulate or allow berms in a coastal erosion hazard area and are not intended to regulate dunes in a coastal erosion hazard area.
A.
Application of regulations. These provisions shall
apply to all buildings or structures and all uses of buildings or
structures or lots lawfully existing prior to the effective date of
this chapter or of subsequent amendments, revisions or reenactments
of such chapter, which do not conform to the provisions of said original
Zoning Ordinance or to such revisions or reenactments on their effective
dates.
B.
Unlawful buildings, structures or uses not to be construed
as nonconforming. No unlawful building or structure or unlawful use
of a building or structure or lot existing at the effective date of
this chapter shall be deemed to be a nonconforming building, structure
or use.
C.
Continuance.
(1)
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto, which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied, except as provided in Subsection G below.
(2)
A conforming building or structure used by a nonconforming
use shall not be reconstructed, structurally altered, restored or
repaired to an extent exceeding 100% of the replacement cost of such
building or structure, exclusive of foundations, unless the use of
such building or structure is changed to a conforming use.
(3)
A nonconforming building or structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, restored or repaired in whole or in part and the provisions of Subsection C(2) above shall not apply, except that the degree of nonconformity shall not be increased.
(4)
A nonconforming lot separately owned and not adjoining
any lot or land in the same ownership at the effective date of this
chapter and not adjoining any lot or land in the same ownership at
any time subsequent to such date may be used, or a building or structure
may be erected on such lot for use, in accordance with all the other
applicable provisions of this chapter, provided that proof of such
separate ownership is submitted in the form of an abstract of title
showing the changes of title to said lot. Such abstract shall be certified
by an attorney or by a title insurance company duly licensed to examine
and insure titles to real property in Suffolk County and shall contain
a certification that no contiguous property was owned by an owner
of the property involved since the date of any previously applicable
Zoning Ordinance. If such a lot is nonconforming with respect to lot
width, such lot shall be granted relief for side yard dimensions as
follows:
[Amended 9-24-1991 by L.L. No. 9-1991; 4-8-2005 by L.L. No. 2-2005
(a)
The total dimensions of both side yards for
a principal building shall be computed on the basis of 4/10 of the
lot width; however, no side yard dimension shall be less than 4/10
of the total dimensions of both side yards, computed as aforesaid,
and no side yard dimension shall be less than 10 feet.
(5)
An existing building or structure designed and used
for a conforming use but located on a nonconforming lot, whether the
building is conforming or nonconforming with respect to lot coverage
and minimum yard requirements, may be enlarged, reconstructed, structurally
altered, restored or repaired, in whole or in part, except that the
degree of nonconformity shall not be increased.
(6)
Notwithstanding any other provision of this chapter,
where a legally existing substandard lot comes into the same record
ownership as one or more adjacent lots solely by reason of the death
of a previous record owner, the owner of said lots in the same record
ownership shall have three years from the date of death of the previous
owner causing the lots to be in the same ownership to place the lots
into single and separate ownership. Failure to place such lots in
single and separate ownership within such period shall result in the
merger of substandard lots for zoning purposes.
[Added 8-20-1991 by L.L. No. 8-1991]
D.
Extension. A nonconforming use shall not be enlarged or extended nor shall the degree of nonconformity of a nonconforming building be increased, except as provided in § 116-28C of this chapter.
E.
Change. A nonconforming use shall be changed only to a conforming use, except as provided in § 116-28C of this chapter.
F.
Abandonment.
(1)
A nonconforming use shall be deemed to have been abandoned:
(a)
When it is changed to a conforming use.
(b)
In cases where such nonconforming use is of
a building or structure designed for such use, when it has been voluntarily
discontinued for a period of 12 consecutive months, and in cases where
such nonconforming use is of a building or structure designed for
such use, when it has not in fact been actually used for a continuous
period of three years.
(c)
In cases where such nonconforming use is of
a building or structure not designed for such use or is of a lot or
land whereon there is no consequential building or structure devoted
to such use, when it has been voluntarily discontinued for a period
of six consecutive months, and in such cases, when it has not in fact
been actually used for a continuous period of 18 months.
(2)
A nonconforming use that has been abandoned shall
not thereafter be reinstated.
G.
Compulsory termination of nonconforming structure
or use.
(1)
A nonconforming structure or nonconforming use may
be subject to compulsory termination by the municipal legislative
body when it is found detrimental to the conservation of the value
of the surrounding land and improvements or to future development
of surrounding lands and therefore is tending to deteriorate or blight
the neighborhood.[1]
(2)
In ordering the compulsory termination of a nonconforming
structure or nonconforming use, the municipal legislative body will
establish a definite and reasonable amortization period during which
the nonconforming use may continue while the investment value remaining
after the date of the termination order is amortized. Determination
of the amount to be amortized shall be based on the value and condition
of the land and improvements for the nonconforming use less their
value and condition for a conforming use and such other reasonable
costs as the termination may cause. The rate of amortization shall
be in accordance with reasonable economic practice.
(3)
Anything to the contrary in this chapter notwithstanding,
any nonconforming billboard or any flashing or moving sign, wherever
located, shall become an unlawful structure on June 1, 1976, and shall
thereupon be removed.
[Amended 11-23-1999 by L.L. No. 7-1999]
(4)
Any owner of any such nonconforming billboard or flashing
or moving sign, who alleges that the period herein provided for amortization
of such sign is unreasonable as to a particular sign, may apply to
the municipal legislative body for an extension of time for amortization
of such sign. If the municipal legislature finds that the construction
cost of a particular sign may not be reasonably amortized by the aforesaid
date, then the municipal legislature may extend the amortization period
to a date which it finds will provide a reasonable amortization period.
In no event, however, shall the total amortization period for a particular
job extend beyond a date which would result in amortization of the
construction cost of a particular sign at a rate of less than $100
per year, computed on a straight-line basis.
[Amended 11-23-1999 by L.L. No. 7-1999]
(5)
Anything to the contrary in § 116-19G notwithstanding, nonconforming signs other than billboard signs may be subject to compulsory termination by the municipal legislative body pursuant to provisions set forth in § 116-13, in which event, removal of such nonconforming signs shall be governed by the provisions set forth in § 116-13 rather than by § 116-19G.
[Added 11-23-1999 by L.L. No. 7-1999]
H.
Accessory buildings used for residential purposes
notwithstanding any provision of this chapter to the contrary.
[Added 9-12-1980 by L.L. No. 5-1980]
(1)
Within any one-family residence district (R-80 Residence
District, R-60 Residence District, R-40 Residence District, R-20 Residence
District, R-12.5 Residence District, R-7.5 Residence District), where
a lot contains a one-family detached dwelling and a separate, existing
building lawfully used in whole or in part for residential purposes
incidental to the use of the one-family detached dwelling (such as
where the separate, existing building is lawfully used for occupancy
for residential purposes by servants or guests of the occupants of
the one-family detached dwelling), such separate, existing building
shall be deemed an accessory building used for a nonconforming accessory
use. Such separate, existing building shall not be considered a one-family
detached dwelling.
(2)
Where such an accessory building is used for such a nonconforming accessory use, such accessory building shall not be used in whole or in part as a one-family detached dwelling (for occupancy for residential purposes by a person or family independent from the existing one-family detached dwelling) nor as an independent one-family dwelling unit (such as rental to a tenant or tenants for occupancy for residential purposes by a person or family independent from the occupants of the existing one-family detached dwelling) unless and until a variance authorizing the same is granted by the Board of Appeals, except as provided in Subsection H(3) below.
(3)
Where such an accessory building is used for such
a nonconforming accessory use and where it is proposed to subdivide
such lot in such a manner that such accessory building would be located
on a separate lot from the existing one-family detached dwelling,
such accessory building may be used as a one-family detached dwelling
(after subdivision approval by the Planning Board) without a variance
authorizing the same, provided that the lot on which such building
is proposed to be located would be a conforming lot, and further provided
that such building would be conforming in all respects with the requirements
of this chapter applicable to a new one-family detached dwelling.
I.
Approved cluster developments. Notwithstanding any
other provision of this chapter, lots on the approved cluster developments
hereinafter identified shall be granted relief from dimensional regulations
to the following extent:
[Added 3-25-2003 by L.L. No. 2-2003]
(1)
The dimensional regulations applicable to lots on
the final plat entitled "Subdivision Map of Halsey Family Limited
Partnership, Section 1," which plat was approved by resolution of
the Planning Board dated July 6, 1998, shall be as follows:
(a)
The minimum required lot area shall be the lot
areas as shown on said final plat.
(b)
The minimum required lot width shall be the
lot widths as shown on said final plat.
(c)
All other dimensional regulations shall be those
prescribed for the R-40 Resident District as of the date of approval
of said final plat.
(2)
The dimensional regulations applicable to lots on
the final plat entitled "Subdivision Map of Halsey Family Limited
Partnership, Section 2," which plat was approved by resolution of
the Planning Board dated August 7, 2000, shall be as follows:
(a)
The minimum required lot area shall be the lot
areas as shown on said final plat.
(b)
The minimum required lot width shall be the
lot widths as shown on said final plat.
(c)
All other dimensional regulations shall be those
prescribed for the R-40 Resident District as of the date of approval
of said final plat.
