In Residential District 1, the following regulations
shall apply:
B.
The lot area shall not be less than 40,000 square
feet, and the lot width shall not be less than 150 feet.
C.
The building area lot coverage shall not exceed 20%
of the lot area.
[Amended 2-14-2000 by L.L. No. 5-2000]
D.
The front yard depth shall not be less than 50 feet;
there shall be two side yards totaling not less than 70 feet, neither
of which shall be less than 30 feet; and the rear yard shall not be
less than 50 feet.
E.
No building shall exceed two stories and a height of 32 feet above the determined base flood elevation. All buildings in an area of special flood hazard, as defined by Chapter 91, Flood Damage Prevention, shall not exceed a height of 40 feet above mean sea level except as is set forth herein:
[Amended 12-14-1998 by L.L. No. 10-1998; 4-8-2002 by L.L. No. 3-2002; 11-3-2005 by L.L. No. 8-2005; 3-21-2007 by L.L. No. 4-2007]
(1)
The height of buildings, as defined in this chapter,
located in an area of special flood hazard may have a pitched roof
only exceed the 40 feet above mean sea level height limitation, provided
the following conditions are met:
In Residential District 2, the following regulations
shall apply:
B.
The lot shall not be less than 20,000 square feet,
and the lot width shall not be less than 100 feet.
C.
The building area lot coverage shall not exceed 20%
of the lot area.
[Amended 2-14-2000 by L.L. No. 5-2000]
D.
The front yard depth shall not be less than 50 feet;
there shall be two side yards totaling not less than 50 feet, neither
of which shall be less than 20 feet; and the rear yard shall not be
less than 50 feet.
In Residential District 3, the following regulations
shall apply:
B.
The lot area shall not be less than 20,000 square
feet, and the lot width shall not be less than 100 feet. Said lot
width shall be measured and shall apply at the front lot line, at
the front of the nearest roofed portion of any structure closest to
Dune Road and at the crest-of-dune line.
[Amended 9-9-1988 by L.L. No. 23-1988]
C.
The building area lot coverage shall not exceed 20%
of the lot area, exclusive of all areas south of the crest of the
northerly dune and all areas designated as tidal wetlands by the New
York State Department of Environmental Conservation.
[Amended 9-9-1988 by L.L. No. 23-1988; 3-14-1994 by L.L. No. 3-1994; 2-14-2000 by L.L. No. 5-2000; 5-9-2005 by L.L. No. 4-2005]
D.
The front yard depth shall not be less than 75 feet
on the south side on Dune Road and 50 feet on the north side of Dune
Road; there shall be two side yards totaling not less than 50 feet,
neither of which shall be less than 20 feet; and the rear yard shall
not be less than 75 feet.
[Amended 3-11-1977 by L.L. No. 1-1977; 9-13-1985 by L.L. No. 16-1985; 4-8-1988 by L.L. No. 10-1988; 9-9-1988 by L.L. No. 23-1988; 3-14-1994 by L.L. No. 3-1994; 2-14-2000 by L.L. No. 5-2000]
E.
No building shall exceed two stories and a height of 32 feet above the determined base flood elevation. All buildings in an area of special flood hazard, as defined by Chapter 91, Flood Damage Prevention, shall not exceed a height of 40 feet above mean sea level except as is set forth herein:
[Amended 4-8-1988 by L.L. No. 10-1988; 9-9-1988 by L.L. No. 23-1988; 12-14-1998 by L.L. No. 10-1998; 5-8-2000 by L.L. No. 7-2000; 4-8-2002 by L.L. No. 3-2002; 11-3-2005 by L.L. No. 8-2005; 3-21-2007 by L.L. No. 4-2007]
(1)
The height of buildings, as defined in this chapter,
located in an area of special flood hazard may have a pitched roof
only exceed the 40 feet above mean sea level height limitation, provided
the following conditions are met:
F.
No exterior deck shall exceed the height of the top
of the finished floor of the second story in all two-story dwellings
located in the R-3 Zoning District.
[Added 3-21-2007 by L.L. No. 4-2007]
In Residential District 4, the following regulations
shall apply:
B.
In the case of a one-family residence, the lot area
shall not be less than 15,000 square feet, and the lot width shall
not be less than 75 feet.
C.
The building area lot coverage shall not exceed 20%
of the lot area.
[Amended 2-14-2000 by L.L. No. 5-2000]
D.
The front yard depth shall not be less than 40 feet;
there shall be two side yards totaling not less than 40 feet; neither
of which shall be less than 15 feet; and the rear yard shall not be
less than 40 feet.
E.
No building shall exceed two stories and a height
of 32 feet.
[Amended 12-14-1998 by L.L. No. 10-1998]
[Added 11-11-1983 by L.L. No. 12-1983*]
In Residential District 5 (Pond Point), the
following regulations shall apply:
A.
Uses permitted:
(1)
A one-family detached dwelling.
[Amended 12-14-1998 by L.L. No. 10-1998]
(2)
Multiple occupancy of a one-family residence dwelling under the provisions of Article V, provided that the residence has adequate off-street parking and sanitary waste disposal facilities.
(3)
Accessory uses customarily associated with a one-family
residence dwelling, except that home occupations or any other business-type
activity shall be strictly prohibited.
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*Editor's Note: Local Law No. 12-1983 was adopted
with the following explanation of context, described as "Legislative
findings":
Whereas the Village Board of Trustees finds
that the Pond Point area, formerly identified as a land subdivision
plat entitled 'Buena Vista. Property of Pond Point Development Co..
Situated at Westhampton Beach' has the following substandard conditions
and potential hazards:
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1. A total of 128 ownership lots. generally
ranging in area from 1,600 to 16,000 square feet, with an average
lot area of 6,700 square feet, with access to all lots, except those
with frontage on Dune Road, by completely inadequate 14- and 16-foot-wide
rights-of-way or by nonvehicular pedestrian 'walks' with 10-foot rights-of-way;
2. Of the total number of lots, 24 are vacant,
including 17 seaward of Surf Walk, which is approximately on the crest
of the first line of dunes, and four of which have less than 1,600
square feet of area, leaving three potential building lots for all
practical purposes;
3. Building coverage on the improved lots is
greater than 15% of the total lot area on 84 percent of these lots,
and it is greater than 25% on 33% of them;
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4. Essentially all existing dwellings are one-floor
in character although some have been raised on piles to avoid flooding;
5. Although the entire Pond Point area has been
in the Residential District 3 zone, the dimensional standards of that
district have been almost completely impossible to realize in this
area and therefore unproductive in terms of the district's zoning
objectives. particularly with reference to dwelling unit density and
the permitted intensity of development;
6. Further, the entire Pond Point area is in
the Tidal Floodplain Overlay District and is classified by the FIRM
(Flood Insurance Rate Map) as being either in zone A7, with projected
flood elevations of 7 or 8 feet, or in zone V8, with projected flood
elevations of 10, 11 or 12 feet;
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7. Much of the length of Point and Harbor Roads
has a center-line elevation of 3.0 feet, while from Beach Road to
Dune Road it rises to about 5.5 feet with the center line on Dune
Road in this area ranging from 5.5 to 7.0 feet;
8. Tidal records also indicate more frequent
lesser flooding on the occasion of unusually high tides during the
spring, fall and winter months;
9. Reports from various Village staff members
and others concerned with providing services to residents indicate
that even this more frequent seasonal flooding causes sewerage and
drainage problems and hazardous road conditions for service and emergency
vehicles; and further
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10. The height permitted for residences should
be especially limited in order to safeguard and preserve the existing
harmony of structures within this specific area, subject only to the
permitted raising of existing structures in order to protect against
floodplain risks.
11. All the above conditions are compounded
and aggravated by the practice of 'group' rentals under ARTICLE IX-A
of the zoning Ordinance,** which now exists on 24 of the 104 improved
ownership lots with the consequent potential increase in resident
population tending to overcrowd the land, parked automobiles, vehicular
traffic and sanitary and solid waste.
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Therefore, considering the potential for future
expansion of existing dwelling units and their prospective use for
'group' rental and for increased population density, automobile parking,
vehicular traffic, sanitary and solid waste disposal and stormwater
drainage, all with the attendant increased hazards related to their
occurrence, the decrease of open space and overcrowding of the land
and the lesser quality of the environment, the Village Board of Trustees
hereby establishes this Residential District 5 (Pond Point) to regulate
further development in the Pond Point area in a manner consistent
with the spirit and the purpose of the Zoning Ordinance and the promotion
of the health, safety, morals and general welfare of the Village of
Westhampton Beach.
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**NOTE: See now Art. V of this chapter.
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B.
The lot area shall not be less than 6,000 square feet,
and the lot width shall not be less than 60 feet.
C.
Building, off-street parking and impervious area lot
coverage.
[Amended 2-14-2000 by L.L. No. 5-2000]
(1)
The building area lot coverage shall not exceed 20%
of the lot area.
(2)
Off-street parking areas (land coverage) shall not
exceed 5% of the lot area or 500 square feet, whichever is the larger
area.
(3)
The total of building, off-street parking and impervious
surface areas shall not exceed 40% of the lot area.
D.
The front yard depth shall not be less than 20 feet;
there shall be two side yards totaling not less than 20 feet, neither
of which shall be less than 10 feet; and the rear yard shall not be
less than 25 feet measured from the rear line of the main building
to the rear lot line of the lot or to the bulkhead, the reach of the
mean high tide or the edge of the tidal wetland, whichever is the
least distant.
E.
No building shall exceed two stories and a height
of 20 feet measured from the base flood elevation to the highest point
of the roof plus any freeboard required by the Residential Code of
New York State.
[Amended 12-14-1998 by L.L. No. 10-1998; 3-5-2009 by L.L. No. 2-2009]
F.
In connection with the site plan review procedure established in Chapter 91, Flood Damage Prevention, § 91-14, the site plan for any future improvements on lots in Residential District 5 (Pond Point) shall provide for the following:
(1)
Adequate off-street parking spaces with a stabilized all-weather surface to accommodate all vehicles associated with residential use of the site, including those permitted pursuant to Article V.
(2)
No proposed site grading or regrading shall raise
the ground elevation above the elevation of the surrounding streets
or pedestrian walks.
(3)
On-site disposal of all additional stormwater runoff
generated by future improvements, except where a community drainage
system of adequate capacity has been constructed to dispose of such
drainage without using the street surfaces as the drainage channel.
[Added 10-10-1980 by L.L. No. 15-1980]
In Multifamily Residence District 20, the following
regulations shall apply:
A.
B.
The minimum lot area shall not be less than 7,250
square feet per dwelling unit with a minimum total lot area of not
less than 20,000 square feet. The minimum lot width shall not be less
than 75 feet.
[Amended 6-8-1984 by L.L. No. 7-1984]
C.
The building area lot coverage shall not exceed 25%
of the lot area.
[Amended 5-14-1982 by L.L. No. 9-1982; 2-14-2000 by L.L. No. 5-2000]
E.
No building shall exceed a height of two stories,
but in no event shall the height exceed 32 feet.
[Amended 5-14-1982 by L.L. No. 9-1982; 12-14-1998 by L.L. No. 10-1998]
F.
Minimum floor area:
[Amended 5-14-1982 by L.L. No. 9-1982; 6-8-1984 by L.L. No. 7-1984]
G.
In multiple dwellings and condominium and cooperative
developments, courts and the spacing between buildings shall conform
to the following standards.
[Amended 6-8-1984 by L.L. No. 7-1984]
(1)
Outer courts or spaces:
[Added 4-12-1991 by L.L. No. 7-1991[1]]
A.
Uses permitted. The following uses shall be permitted
within the Marina District:
B.
The lot area shall not be less than 150,000 square
feet and the lot width shall not be less than 200 feet.
C.
The building area lot coverage shall not exceed 20%
of the lot area, except that in the case of a boat yard, where lot
coverage, including indoor storage, may not exceed 40% of the lot
area.
D.
The front yard setback shall not be less than 75 feet;
there shall be two side yards totaling not less than 75 feet, neither
of which shall be less than 30 feet; and the rear yard shall not be
less than 30 feet.
E.
No building shall exceed a height of 35 feet.
F.
No discharges of pollutants of any kind deleterious
to the surrounding surface waters shall be permitted to occur on the
site.
G.
Sanitary rest rooms, holding tanks and sewage disposal
facilities shall be provided on site to permit the removal and proper
discharge of on-board marine sanitary waste. All disposal systems
shall be constructed in accordance with the regulations of the Suffolk
County Department of Health Services.
[1]
Editor's Note: This local law also repealed
former § 197-12, Facility District 1, as amended.
[Added 4-12-1991 by L.L. No. 7-1991[1]]
A.
Land in public and private ownership used for golf
courses, tennis courts, nature preserves, hunting preserves, parks,
recreational areas and beach areas. Such land in private ownership
shall only be considered for inclusion in the Parks and Conservation
District where approval for such designation is requested, in writing,
by the fee owner.
B.
No buildings or structures shall be allowed to be
constructed on any property designated Parks and Conservation District,
except where such structure is deemed to be incidental to the particular
use of the site, such as a golf clubhouse, tennis club, bathhouse,
park administration and maintenance buildings, etc. No residential
structures shall be permitted on any property designated Parks and
Conservation District.
C.
No building permit shall be issued unless a site plan, showing the location of all proposed buildings, structures, driveways, parking areas, landscaping, fencing, drainage facilities and pavement specifications, has been approved by the Village Planning Board pursuant to § 197-63 and unless the method of sewage disposal and water supply has been approved by the Suffolk County Department of Health Services.[2]
[2]
Editor's Note: Former § 197-14,
Facility District 3, as amended, and former § 197-15, Facility
District 4, added 10-10-1969, were repealed 4-12-1991 by L.L. No.
7-1991.
[1]
Editor's Note: This local law also repealed
former § 197-13, Facility District 2.
[Added 7-5-2016 by L.L.
No. 3-2016]
A.
In the Residence District 1, Residence District 2, Residence District 3, and Residence District 4, the use of any parcel of land for both a single-family residence and a separate building used or designed to be used in whole or in part for dwelling purposes in that it contains cooking and/or sleeping facilities, regardless of whether the use of the building is intended for or used by a separate family or as an accessory to the single-family residence for guests or employees or family members of the owners or occupants of the single-family residence, shall be a prohibited use, unless it is a nonconforming use as defined in § 197-1, or a use variance shall have been granted therefor by the Zoning Board of Appeals.
B.
With respect to a lot improved with a single-family residence which is deemed a nonconforming use solely because the lot is also improved with no more than one other building that might otherwise be characterized as an accessory building if it did not contain cooking and/or sleeping facilities, no variance relief shall be required for the proposed extension or alteration of the principal single-family residence, as long as the single-family residence and the proposed expansion conform with all dimensional requirements. This exemption also applies to the construction of new accessory buildings and structures on such a lot, as long as they are permitted in the district and conform to all dimensional requirements. This exemption does not apply to any structures on a lot improved with more than one single-family residence, each of which may be occupied lawfully by separate, independent families, nor does it apply to the extension, expansion or alteration of a building containing sleeping or cooking facilities other than the principal one-family residence on the lot. In all other cases not exempted from variance relief under this subsection, any dwelling that is deemed a nonconforming use shall be subject to the provisions governing nonconforming uses as set forth in § 197-29.
[Amended 6-17-1967; 8-11-1967; 2-9-1973; 9-11-1981 by L.L. No. 15-1981; 3-12-1982 by L.L. No. 7-1982; 5-14-1982 by L.L. No. 9-1982; 2-10-1984 by L.L. No. 3-1984; 1-10-1986 by L.L. No. 2-1986; 9-14-1990 by L.L. No. 19-1990; 4-12-1991 by L.L. No. 11-1991; 5-10-1993 by L.L. No. 2-1993; 7-3-1995 by L.L. No. 6-1995; 12-14-1998 by L.L. No.
10-1998; 2-14-2000 by L.L. No. 1-2000; 5-3-2007 by L.L. No. 6-2007]
A.
The B-1 District is the downtown central business
district of the Village. The district is intended for daily retail
shopping, personal and professional services, on-premises food consumption
and visitor, tourist and resort shopping, all with a strong pedestrian
orientation. It is also intended to be the municipal focus of the
Village, thus containing all municipal governmental buildings, as
well as other civic and cultural buildings, public open space, houses
of worship, post office and library. A variety of mixed retail and
business uses is encouraged where feasible to provide the synergy
necessary to maintain the vitality and attractiveness of this district
for the Village resident and visitor alike. Also permitted by way
of special exception are standard restaurants and similar eating places
that rely on the local resident population and downtown workers as
well as visitors, tourists, and resort vacationers for clientele.
These goals can be accomplished by the following:
(1)
Promote efficient use of land and services;
(2)
Create a mixture of land uses that encourages employment
and housing options in close proximity to one another;
(3)
Provide formal and informal community gathering places
and opportunities for socialization (i.e., along an active streetfront);
(4)
Encourage pedestrian-oriented development;
(5)
Maintain existing distinct storefront character;
(6)
Provide connections to and appropriate transitions
with residential areas;
(7)
Discourage automobile-oriented and automobile-dependent
uses;
(8)
Provide for visitor accommodations and tourist amenities;
(9)
Encourage transit-supportive development to reduce
reliance on the automobile and to minimize the need for off-street
parking;
(10)
Implement design standards/guidelines that maintain
and enhance the Village's historic architecture.
B.
Architectural design and building orientation. The
standards outlined in this section apply if the proposed construction
is a major improvement/remodeling, and are intended to provide detailed,
human-scale design that is characteristic of the Village of Westhampton
Beach, while affording flexibility to use a variety of architectural
building styles. All new buildings and major remodels shall meet the
standards outlined below, which are applied through the site plan
review process. The applicant demonstrates that the standards are
met by complying with the criteria under each standard.
(1)
Building orientation standards. Developments subject
to this section shall have their buildings oriented to a street, as
generally shown in Figure 197-16B(1), with the front elevation positioned
generally parallel to the street. This standard is met when all of
the following criteria are met:
(a)
Compliance with the setback standards in § 197-17.1, where applicable. The maximum required setback, referenced hereafter as the built-to line, may be increased to provide pedestrian amenities, pursuant to 197-16B(2), between a building and its adjoining street.
(b)
All buildings shall have at least one primary
building entrance (i.e., dwelling entrance, a tenant entrance, lobby
entrance, or breezeway/courtyard entrance) facing an adjoining street
(i.e., within 45° of the street property line), or if the building
entrance is turned more than 45° from the street (i.e., front
door is on a side elevation), the primary entrance shall not be more
than 20 feet from a street sidewalk, except to provide pedestrian
amenities; a walkway shall connect the primary entrance to the sidewalk
in this case.
(c)
Off-street parking, driveways, and other vehicle
areas shall not be placed between buildings and the street(s) to which
they are oriented. Off-street parking shall be oriented internally
to the site and divided by landscape areas into bays of not more than
30 parking spaces per bay.
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Figure 197-16B(1) - Building Orientation
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(2)
Pedestrian orientation. The design of all buildings on a site shall support a safe and attractive pedestrian environment. This standard is met when the Planning Board finds that all of the criteria in Subsection B(2)(a) through (f) below are met. Alternatively, the Planning Board may approve a different design upon finding that the design contains an equally good or superior way of achieving the above standard.
(a)
The building orientation standards under 197-16B(1)
are met; and
(b)
Primary building entrances shall open directly
to the outside and, if not abutting a street, shall have walkways
connecting them to the street sidewalk; every building shall have
at least one primary entrance that does not require passage through
a parking lot or garage to gain access; and
(c)
Corner buildings (i.e., buildings within 20
feet of a corner as defined by the intersecting curbs) shall have
corner entrances or shall provide at least one entrance within 20
feet of the street corner or corner plaza; and
(d)
At least 60% of the building's front facade
measured horizontally in linear feet, shall be located at the build-to
line or closer to the street; and
(e)
Ground floor windows or window displays shall
be provided along at least 60% of the building's ground floor street-facing
elevation(s); windows and display boxes shall be integral to the building
design and not mounted to an exterior wall; and
(f)
Primary building entrance(s) are designed with
weather protection such as awnings, canopies, overhangs, or similar
features.
(3)
Compatibility. All new buildings and major remodels shall be designed consistent with the architectural context in which they are located. This standard is met when the approval body finds that all of the criteria in Subsection B(3)(a) through (f) below, are met.
(a)
There is continuity in building sizes between
new and existing buildings;
(b)
The ground floor and upper floor elevations
and architectural detailing are compatible with adjacent commercial
buildings;
(c)
Roof elevation is compatible with adjacent commercial
buildings (roof pitch and shape);
(d)
There is continuity of building sizes on the
site, if more than one building is proposed;
(e)
There is continuity in the rhythm of windows
and doors on the proposed building(s);
(f)
The relationship of buildings to public spaces,
such as streets, plazas, other areas, and public parking, including
on-street parking, is strengthened by the proposed building(s).
(4)
Human scale. The design of all buildings shall be to a human scale. This standard is met when the approval body finds that all of the criteria in Subsection B(4)(a) though (h) below are met. Alternatively, the approval body may approve a different design upon finding that the design contains an equally good or superior way of achieving the above standard.
(a)
Regularly spaced and similarly shaped windows
are provided on all building stories;
(b)
Ground floor retail spaces have tall ceilings
(i.e., 12 feet to 16 feet) with display windows on the ground floor;
(c)
Display windows are trimmed, recessed, or otherwise
defined by wainscoting, sills, water tables, or similar architectural
features;
(d)
On multistory buildings, ground floors are defined
and separated from upper stories by appropriate architectural features
(e.g., cornices, trim, awnings, canopies, arbors, trellises, overhangs,
or other features) that visually identify the transition from ground
floor to upper story; such features should be compatible with the
surrounding architecture;
(e)
The tops of flat roofs are treated with appropriate
detailing (i.e., cornice, pediment, flashing, trim, or other detailing)
that is compatible with the surrounding architecture;
(f)
Pitched roofs have eaves, brackets, gables with
decorative vents, or other detailing that is consistent with the surrounding
architecture;
(g)
Historic design and compatibility requirements,
where applicable, are met; and
(h)
Where a building or a single use of a building
greater than 3,000 square feet of enclosed ground floor space is proposed,
said building shall provide articulated facades on all street-facing
elevations that make the building appear as multiple buildings rather
than one large building, as generally shown in Figure 197-16B(4)(h).
This criterion is met when every 45 feet of building (horizontal length)
elevation contains at least one primary entrance, as well as at least
one of the following features: windows; weather protection (awnings,
canopies, arbors, trellises), building offsets; projections; changes
in elevation or horizontal direction; sheltering roofs; terraces;
a distinct pattern of divisions in surface materials; ornamentation;
screening trees; small-scale lighting (e.g., wall-mounted lighting,
or down lighting); and/or similar features.
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Figure 197-16B(4)(h)
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C.
Maximum floor area. In order to maintain the size
and scale of the commercial uses within the Village as identified
in this plan, the following maximum floor areas are proposed:
(1)
Any building devoted to a business use which is hereinafter erected or converted to accommodate such use shall not exceed 3,000 square feet per use. Uses containing between 3,000 square feet and 10,000 square feet may be permitted by special exception, pursuant to the conditions outlined in §197-80.8. The Village Trustees may grant special exception approval which allows for use larger than 10,000 square feet for the following uses:
(a)
Residential community facilities limited to
the following:
[1]
Church or similar place of worship or religious
instruction, parish house, rectory, seminary or convent.
[2]
Park, playground or recreational area when authorized
or operated by the municipality.
[3]
Public library or museum.
[4]
Fire station, municipal office or any governmental
building of similar character.
[5]
School, elementary or high, public, denominational
or private, operated or licensed by the New York State Education Department.
(d)
Grocery stores. Grocery stores may only exceed
10,000 square feet by special exception and, in any case, may not
exceed 35,000 square feet.
[Added 2-14-2000 by L.L. No. 1-2000]
The B-2 District is intended to provide general,
vehicular and highway-oriented business and commercial services. Large-space
users, high-traffic and large-vehicle generators, bulky goods and
appliance dealers, wholesalers and off-premises consumption of food
items are intended to locate in this district. The B-2 District is
intended to complement, but not compete with or weaken, the downtown
central business district.
[Added 10-12-2004 by L.L. No. 4-2004]
Existing one- and two-family residential dwellings
in the B-1 District may be rebuilt, altered, modified, enlarged or
extended using the R-4 regulations as to setback requirements, lot
coverage, lot area and building height. In the event that an existing
one- or two-family dwelling is destroyed by fire or other natural
disaster, the provisions of this section shall not apply unless an
application to rebuild the one- or two-family dwelling has been filed
with the Village within 12 months of the date the dwelling was destroyed.
[Added 2-14-2000 by L.L. No. 1-2000]
The B-3 District is identical to the B-2 District
except that it is located only at major highway entrances to the Village
and requires larger lot sizes and larger lot area per use. Because
it presents entrances to the Village, sites developed in it should
present a favorable first impression of the Village and be esthetically
pleasing, well-landscaped and attractively and well lighted. The B-3
District, like the B-2, should complement, not compete with or weaken,
the downtown central business district.
[Added 2-14-2000 by L.L. No. 1-2000]
The Hotel District is intended to provide for
reasonably sized and scaled transient lodging facilities appropriate
to the Village's needs. The Hotel District is intended to support
the Village's other land uses, strengthening their customer base,
while also providing the temporary visitor with accessible accommodations
in modern facilities. The Hotel District is also intended to accommodate
a moderate number of reasonable and expected accessory uses. Other
compatible uses are senior citizen housing and assisted-living (congregate-care)
housing developments.
[Added 5-3-2007 by L.L. No. 7-2007]
In the HC-Hamlet Commercial/Residential District,
the following standards shall apply in addition to the Business Districts
Table of Use Regulations, the Business Districts Table of Dimensional
Regulations and the other provisions of this article:[1]
B.
All buildings and structures, irrespective of use, shall maintain a residential appearance, including roof pitch, design and materials; front entry; window size, placement and orientation; facade materials and color; and landscaping in the front and side yards. Traditional, residentially scaled and compatible fixtures for such items as outdoor lighting, outdoor furniture, waste receptacles and all lighting shall comply with the standards in § 197-25.5.
[Amended 10-4-2018 by L.L. No. 5-2018]
C.
While more than one building and more than one use
shall be permitted on any single lot, no single building shall have
a gross floor area in excess of 3,000 square feet, except as provided
below. Buildings shall be no closer than 15 feet to one another and
shall not be connected except by a single level, uncovered or covered
but not enclosed, walkway. Atriums as enclosed structures shall not
be permitted as such interconnections.
D.
Except for single-family dwellings, a single building may be permitted to be larger than 3,000 square feet, but no building shall be greater than 6,000 square feet, subject to compliance with the special exception standards set forth in § 197-80.2. Single-family dwellings shall not exceed 3,000 square feet, absent application to and approval of the Board of Zoning Appeals for dimensional relief pursuant to Village Law § 7-712-b(3).
[Amended 3-5-2009 by L.L. No. 3-2009]
E.
All buildings on a single lot or development shall
be compatibly designed, whether constructed all at one time or in
phases over a period of time. Where practical and appropriate, the
primary structure on the lot shall have its main entrance on the facade
of the building facing the principal street on which it is located.
F.
No more than 30% of the lot shall be covered by main
and accessory buildings. No more than 60% of the lot shall be covered
by impervious or paved surfaces, including buildings, structures,
driveways, parking and loading areas, walkways, patios and the like.
All areas not so covered or paved shall be landscaped with lawn, shrubs,
ground cover, trees or similar plantings, and maintained in good condition.
G.
For the purposes of providing transitional yards and buffer zones as per § 197-63G(11)(a), the HC shall be considered a nonresidential districts. Transitional yards and screening shall be provided in accordance with § 197-63G(11), except where a residential use abuts a residential zone.
H.
Along the outer perimeter of all off-street parking
areas which are located adjacent to side or rear property lines and
which provide four or more parking spaces, a solid vegetative screen
at least two feet in width and at a height of at least 3 1/2
feet shall be provided. An opaque fence of the same height may be
utilized in place or in addition to the vegetative screen at the discretion
of the approving board.
I.
Signs for nonresidential uses shall meet the standards for the B-1 Zoning District in § 197-30 of this Code.
K.
Maximum number of uses: one use for every 4,000 square
feet of lot area for office uses and one use for every 10,000 square
feet of lot area for commercial uses, except that the minimum number
of square feet of lot area required per dwelling unit for a dwelling
use shall be as specified in the Business Districts Table of Dimensional
Regulations[2] and such minimum shall apply to a dwelling use which lawfully
existed at the effective date of this chapter.
[2]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
L.
The maximum gross floor area is 3,000 square feet
per use.
[1]
Editor's Note: The Business Districts Table
of Use Regulations and the Business Districts Table of Dimensional
Regulations are included at the end of this chapter.
The Business Districts, Hamlet Commercial/Residential District, and Hotel District Table of Use Regulations is included at the end of this chapter. This table sets forth by district the uses that are permitted by right (P), permitted by special exception (SE), or that are prohibited (X). Any use not listed is expressly prohibited in all districts. Special exception uses may also be subject to special conditions contained in Article VIII herein. Permitted and/or special exception uses may also be subject to supplementary use conditions contained in Article IV herein.
The Business Districts, Hamlet Commercial/Residential District, and Hotel District Table of Dimensional Regulations is included at the end of this chapter. This table sets forth by district the dimensional regulations for each of the districts.
[1]
Editor's Note: Former § 197-17.2,
Shopping centers as special exception uses in Business Districts 2
and 3, as amended, was repealed 9-12-1994 by L.L. No. 13-1994.
[Amended 4-13-1968; 5-7-1975 by L.L No. 2-1975; 9-11-1981 by L.L. No. 15-1981; 2-8-1985 by L.L. No. 4-1985; 2-10-1989 by L.L. No. 1-1989]
In Industrial District 1, the following regulations
shall apply:
A.
Uses permitted. In Industrial District 1, no building,
structure or land shall be used, and no building or structure hereafter
erected, altered, enlarged or used or maintained, except for one or
more of the following uses:
(1)
Distribution and warehousing plants, indoor storage
only.
(2)
Greenhouse or plant nursery, wholesale.
(3)
Nonnuisance light industry [an industry which is not
detrimental to the environment and neighborhood in which it is located
by reason of excessive or disruptive traffic or emission of smoke,
noise, odor, dust, vibration, excessive light or similar characteristics
and/or effects in excess of the capacity of the lot(s) on which the
use is located; and which does not require domestic or process water
in excess of 40 gallons per employee per day; and which does not include
any use which risks or causes the contamination of groundwater, air
or the neighboring area; and which does not include outdoor processing,
assembly, storage or the manufacture of materials and goods].
(4)
Municipal facilities.
(5)
Workshops and offices for carpenters, plumbers, electricians
and home improvement contractors, indoor storage and work areas only.
(6)
Offices, business, professional or mixed.
(7)
Parks, playgrounds and recreational areas, when authorized
as a special exception use by the Board of Trustees.
(8)
Wholesale and retail lumberyard.
(9)
Wholesale plumbing, heating and air-conditioning equipment
supply yard and sales, no retail.
(10)
A tennis club, by special exception permit from
the Board of Trustees.
[Added 2-8-1991 by L.L. No. 1-1991]
(11)
Warehouse, including mini-storage indoor storage
only. Outdoor storage prohibited.
[Added 1-10-1996 by L.L. No. 1-1996]
(12)
An apartment as an accessory use to mini-storage
or tennis club use. The apartment shall only be occupied by the manager
or other employee of the primary use. The accessory apartment use
shall cease and be deemed abandoned upon the cessation of the primary
use or change in the primary use to a use other than a mini-storage
or tennis club use.
[Added 2-13-1996 by L.L. No. 5-1996]
B.
Required lot area and width. The required lot area
shall not be less than 40,000 square feet, and the width of the lot
shall not be less than 200 feet. No less than 20,000 square feet of
lot area shall be permitted for each separate use, and each business
or enterprise using a lot, or portion thereof, shall be considered
a separate use. By way of illustration, not limitation, each tenant
shall be considered a separate use.
C.
Building area. The building area lot coverage shall
not exceed 30% of the lot area for principal and accessory structures.
An open and unenclosed tennis court which is part of a tennis club
shall be excluded from the computation in determining the building
area lot coverage.
[Amended 2-8-1991 by L.L. No. 2-1991; 2-14-2000 by L.L. No. 5-2000]
D.
Yards required. The front yard depth shall not be
less than 50 feet, and there shall be two side yards totaling not
less than 100 feet, neither of which shall be less than 50 feet, and
the rear yard depth shall not be less than 50 feet. Where a lot or
lots abut a lot or lots, entirely or in part, either within a residential
district or legally improved with a residential use on the effective
date hereof, a minimum of 25 feet of the required adjacent Industrial
District 1 yard contiguous with the residential zone or use shall
be improved with trees, shrubs, hedges and other indigenous plantings
to provide a year-round and permanent visual screen from the industrial
district property to the residential property. No off-street parking
or loading area or traffic lane or aisle shall be located within 50
feet of either a lot or lots in a residential district or a lot or
lots legally improved with a residence on the effective date hereof
or within 25 feet of any boundary line of a lot or lots in the Industrial
District 1, except an access road or way from the nearest public street
directly to the building(s) or structure(s) on the Industrial District
1 lot or lots.
E.
Building and structure height limit. No building or
structure or part thereof or accessory thereto shall exceed a height
of 35 feet.
F.
Site plan review. No building permit shall be issued and no use commenced or maintained and no use changed (a change in the enterprise or tenant using a building, structure, lot or lots, or part thereof, shall also be considered a change of use) on any lot or lots, or part thereof, except upon and after approval of a site plan by the Planning Board pursuant to § 197-63. Any said site plan review shall require, as a condition of approval, that the Planning Board find:
(1)
Traffic incident to any said use or uses shall not
create unreasonable risks or hazards or disruption of the neighborhood
or existing traffic patterns, including consideration of volume, vehicular
weight, anticipated time of arrival or departure, intersectional safety,
existing road improvements and existing road capacity.
(2)
The use(s) shall not be detrimental to the environment
and neighborhood, by reason of smoke, noise, fumes, dust, pollutants
of any kind stored, used or generated on or about the site, vibration,
excessive light and the like.
(3)
The use(s) shall not be detrimental to the value of
surrounding and nearby properties.
(4)
Parking requirements, screening requirements and dimensional
requirements are satisfied.
(5)
The use shall have no harmful effect or impact on
adjacent and nearby land uses.
