The regulations set forth in this chapter have been made in
accordance with a comprehensive plan and are designed to lessen congestion
in the streets; to secure safety from fire, panic, floods and other
dangers; to promote health and the general welfare; to provide adequate
light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to make provision for, so far as conditions
may permit, the accommodation of solar energy systems and equipment
and access to sunlight necessary therefor; to facilitate the adequate
provision of transportation, water, sewerage, schools, parks and other
public requirements. Such regulations have been made with reasonable
consideration, among other things, to the character of the district
and its peculiar suitability for particular uses, and with a view
to conserving the value of buildings and encouraging the most appropriate
use of land throughout the Village of Quogue, New York.
A.
Word usage.
(1)
Unless the context clearly indicates the contrary, words used in
the present tense include the future; the singular number includes
the plural, the plural the singular.
(2)
The word "person" includes a person or other legal entity.
(3)
The word "shall" is mandatory and not directory; the word "may" is
permissive.
(4)
The word "lot" includes the word "plot" and the word "land" and "parcel
of land."
(5)
The word "structure" includes the word "building."
B.
BERM
FAMILY
(1)
(2)
(3)
(a)
[1]
[2]
[3]
[4]
[5]
(b)
FENCE
HEIGHT OF STRUCTURE OR BUILDING
HOME OFFICE
LIVING QUARTERS
LOT
LOT, AREA OF
LOT, CORNER
LOT COVERAGE
LOT, FLAGPOLE
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
NONNUISANCE INDUSTRY
ONE-FAMILY DWELLING
PERMITTED USE
PROHIBITED USE
SPECIAL EXCEPTION USE
STRUCTURE
TOE OF DUNE
TRANSIENT RENTAL PROPERTY
YARD, FRONT
YARD, REAR
YARD, SIDE
Words defined. As used in this chapter, the following terms shall
have the meanings indicated:
A structure consisting primarily of earth or earthen materials
intended for security, enclosure or screening purposes.
[Added 3-15-1991 by L.L. No. 2-1991]
[Amended 3-21-1986 by L.L. No. 1-1986]:
[1]Any number of persons related by blood, marriage or legal
adoption, occupying a single dwelling unit, living and cooking together
as a single, nonprofit housekeeping unit.
Any number of persons not exceeding six, occupying a single
dwelling unit, living and cooking together as a single, nonprofit
housekeeping unit, where all are not related by blood, marriage or
legal adoption; provided, however, that persons occupying quarters
on a transient basis shall not be considered a "family," and further
provided that persons occupying group quarters, such as a dormitory,
a fraternity or sorority house or a seminary, shall not be considered
a "family."
[Amended 1-19-1990 by L.L. No. 1-1990]
Notwithstanding the numerical limitation in Subsection (2) of this definition, a group of unrelated persons numbering more than six shall be considered a "family" if the Board of Appeals shall make a determination in a particular case (after application therefor, public notice and a public hearing) that a particular group is the functional equivalent of a traditional family.
[Amended 1-19-1990 by L.L. No. 1-1990]
The Board of Appeals shall not make such a determination unless
the Board of Appeals shall find that:
The group is one which in theory, size, appearance and structure
resembles a traditional family unit.
The group is one which will live and cook together as a single,
nonprofit housekeeping unit.
The association or relationship of the group is of a permanent
and distinct domestic character rather than temporary or seasonal
in nature.
The group will consist of not more than two persons for each
conventional bedroom in the dwelling.
Use and occupancy of the dwelling by the group will not conflict
with a stable, uncongested single-family environment and will be compatible
with the character of the neighborhood in which the dwelling is located.
Any such determination by the Board of Appeals shall be limited
to the status of a particular group as a "family" and shall not be
interpreted as authorizing any other use, occupancy or activity. In
making any such determination, the Board of Appeals may impose such
conditions and safeguards as the Board of Appeals shall deem necessary
or advisable in order to maintain the stability and character of the
neighborhood and protect the public health, safety and welfare.
A structure bounding an area of land designed to either limit
access to the area or screen such area from view or both. Hedges and
other natural growth shall not be construed as "fences" as defined
herein.
[Amended 3-20-1987 by L.L. No. 1-1987]
The vertical distance measured from the mean elevation of
the center line of the street in front of the building or structure
(except that in the Residence A-1 District, the vertical distance
shall be measured from the mean of the average elevation of the center
line of the street in front of the building or structure and the average
elevation of the existing natural grade at the front of the building
or structure) to the highest point of the highest roof in the case
of a building and to the highest point of the structure in the case
of a structure (including a structure on a roof).
[Amended 5-6-1992 by L.L. No. 3-1992; 2-17-2000 by L.L. No. 1-2000]
An office in a one-family dwelling or, when expressly permitted
by this chapter, in a building accessory to a one-family dwelling,
used exclusively by the occupants of such dwelling for purposes that
do not involve customers, clients, patients, or vendors coming to
the premises, do not involve on-site advertising, do not involve any
employees on the premises other than such occupants, and do not involve
on-site distribution or storage of inventory.
[Added 8-18-2017 by L.L.
No. 4-2017]
Space used or usable for eating, cooking, sleeping or other
living activities typically conducted in a living room, den or similar
space in a residence, sink, toilet and bathing facilities, and associated
hallways, stairways and other connecting areas.
[Amended 8-18-2017 by L.L. No. 4-2017]
A parcel of land occupied or capable of being occupied by
one or more principal buildings and accessory buildings or uses in
accordance with the provisions of this chapter, including such open
spaces as are required by this chapter.
The total horizontal area of a lot, exclusive of land in
the bed of any street or right-of-way or waterway.
A lot at the junction of and fronting on two or more intersecting
streets, having an interior angle of less than 135° at their intersection.
A lot abutting upon a curved street shall also be considered a corner
lot if the tangents to the curve at the points of intersection of
the side lot lines intersect at an interior angle of less than 135°.
The portion of the lot area covered by the area of a building
or buildings, structures and accessory buildings, accessory structures
and accessory uses, except that only 50% of the area of a tennis court
shall be included in computing lot coverage. In the case of an oceanfront
lot, the portion of the lot situate between the ocean and the crest
of the first rank of ocean beach dunes shall be excluded in calculating
the lot area of such lot for the purpose of computing lot coverage.
[Amended 3-10-1993 by L.L. No. 3-1993]
A lot shaped like a pole with a fully extended flag at the
upper portion thereof, the bottom of the pole being at the street
line, the pole portion of the lot being for use as access to the flag
portion of the lot where the principal structure is or will be constructed.
[Added 10-16-1992 by L.L. No. 7-1992]
A lot other than a corner lot.
The street right-of-way line at the front of a lot.
The lot line opposite the front lot line. In the case of
a corner lot, the rear lot line may be elected by the owner.
Any lot line not a rear lot line nor a front lot line shall
be deemed a side lot line.
A lot extending from one street through to another street.
Where a lot extends through from street to street, the applicable
front yard and distance from street regulations shall apply on both
street frontages, both street right-of-way lines shall constitute
front lot lines, and neither street right-of-way line shall constitute
a rear lot line.
[Added 5-16-1986 by L.L. No. 2-1986]
The dimension measured from side lot line to side lot line
along a line parallel to the front lot line, which parallel line shall
be at a location no nearer to the front lot line than the required
front yard depth and no nearer to the rear lot line than the required
rear yard depth.
[Added 10-16-1992 by L.L. No. 7-1992]
An industry which is not detrimental to the environment in
which it is located by reason of the emission of smoke, noise, odor,
dust, vibration or excessive light beyond the limits of its lot or
by reason of generating excessive traffic with attendant hazards;
which does not require domestic or process water in excess of 40 gallons
per employee or discharge any effluent into the ground that does not
meet Suffolk County Health Department standards designed to protect
against contamination or pollution; which does not include an open
accessory storage yard (outdoor storage) unless completely enclosed
by a solid wall or fence not less than six feet in height; and which
does not include outdoor processing of materials.
[Added 3-2-1987; amended 3-15-1991 by L.L. No. 1-1991]
A single building having living quarters used exclusively
for residential purposes by a single family, as herein defined. A
one-family dwelling may have a home office. A one-family dwelling
may have only one kitchen and no other room with cooking facilities.
When parts of a structure are connected by a hallway or similar area,
such parts shall be considered a single building only if the hallway
or similar area is roofed, fully enclosed on the sides, heated by
the HVAC system that services the dwelling and its width is at least
1/2 of its length.
[Amended 8-18-2017 by L.L. No. 4-2017]
A specific main use of a building, structure, lot or land
or part thereof which this chapter provides for in a particular district
as a matter of right. Any use which is not set forth as a permitted,
special exception or accessory use shall be considered a prohibited
use.
A use of a building, structure, lot or land or part thereof
which is not set forth as a permitted, special exception or accessory
use.
A use in one or more districts for which a permit may be
granted by the Board of Appeals, if so provided, or by the Planning
Board, if so provided, in accordance with standards and conditions
set forth in this chapter or by the Board of Trustees, if so provided.
In the case of the Board of Trustees, no standards and conditions
need be provided. In either case, any permit granted shall be subject
to such conditions and safeguards as may be required by the Board
involved to protect the public interest.
[Amended 3-20-2015 by L.L. No. 3-2015]
Anything constructed, erected or placed on or under the ground
or upon another structure or building, excluding the following: walkways
less than four feet in width, provided that such walkway is not an
elevated walkway (an elevated walkway shall constitute a "structure");
driveways; and sewage systems, tanks, pipes and the like which are
buried underground.
[Amended 3-2-1987; 5-6-1992 by L.L. No. 3-1992; 10-15-1999 by L.L. No. 8-1999]
The lowest point on the north side of the northerly slope
of the main barrier beach dunes.
A one-family dwelling that is or may be occupied as a residence
by any person for a period of less than 14 consecutive days for which
rent or other compensation is paid or payable directly or indirectly
to the owner or any other person. The presence of either of the following
shall create a rebuttable presumption that the dwelling is being used
as a transient rental property: 1) the dwelling is offered for lease
or other occupancy on a website or other electronic medium that features
short-term rentals or other occupancy without specifying a minimum
term of at least 14 consecutive days or 2) the dwelling is offered
for lease or other occupancy in any medium for a period of less than
14 consecutive days.
[Added 3-25-2016 by L.L.
No. 2-2016]
A space on the same lot with a building, situated between
the nearest portion of the principal building and the front lot line
of the lot and extending from side lot line to side lot line in the
case of interior lots. Corner lots shall have two such "front yards"
situated between the said nearest portion of the principal building
and the front lot line along each street.
A space on the same lot with a building, situated between
the nearest portion of the principal building or buildings and the
rear lot line of the lot and extending from side lot line to side
lot line.
A space on the same lot with a building, situated between
the nearest portion of the principal building or buildings and the
side lot line of the lot and extending through from the front yard,
or from the front lot line where no front yard exists, to the rear
yard, or to the rear lot line where no rear yard exists.
[1]
Editor's Note: The definition of "cooperative-type ownership,"
which immediately preceded this definition, was repealed 3-2-1987.
