Article II District Regulations

A one-family detached dwelling.

[Amended 12-14-1998 by L.L. No. 10-1998]

Accessory uses.

The lot area shall not be less than 40,000 square feet, and the lot width shall not be less than 150 feet.

The building area lot coverage shall not exceed 20% of the lot area.

[Amended 2-14-2000 by L.L. No. 5-2000]

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.

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]

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:

The top plate of the second floor wall does not exceed 36 feet above mean sea level.

The highest point of each pitched roof does not exceed 44 feet above mean sea level.

The building does not have a mezzanine.

The building complies with Chapter 91, Flood Damage Prevention, of the Village Code.

If the height of a building as of April 8, 2002, is one foot or more above the base flood elevation, such building's height may be increased by one foot more than the limits set forth in Subsection E(1)(a) and (b) of this section.

Uses by special exception permit from the Village Board of Trustees and site plan approval by the Planning Board:

[Added 4-12-1991 by L.L. No. 12-1991]

Religious and educational uses.

[Amended 10-12-1992 by L.L. No. 10-1992]

§ 197-7 Residential District 2.

In Residential District 2, the following regulations shall apply:

Uses permitted:

A one-family detached dwelling.

[Amended 12-14-1998 by L.L. No. 10-1998]

Home occupations.

Accessory uses.

The lot shall not be less than 20,000 square feet, and the lot width shall not be less than 100 feet.

The building area lot coverage shall not exceed 20% of the lot area.

[Amended 2-14-2000 by L.L. No. 5-2000]

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.

No building shall exceed two stories and a height of 32 feet. 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.

[Amended 12-14-1998 by L.L. No. 10-1998; 4-8-2002 by L.L. No. 3-2002]

Uses by special exception permit by the Village Board of Trustees and site plan approval by the Planning Board:

[Added 4-12-1991 by L.L. No. 12-1991]

Religious and educational uses.

[Amended 10-12-1992 by L.L. No. 10-1992]

§ 197-8 Residential District 3.

In Residential District 3, the following regulations shall apply:

Uses permitted:

A one-family detached dwelling.

[Amended 12-14-1998 by L.L. No. 10-1998]

Accessory uses.

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]

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]

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]

[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]

The top plate of the second floor wall does not exceed 36 feet above mean sea level.

The highest point of each pitched roof does not exceed 44 feet above mean sea level.

The building does not have a mezzanine.

The building complies with Chapter 91, Flood Damage Prevention, of the Village Code.

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]

§ 197-9 Residential District 4.

In Residential District 4, the following regulations shall apply:

Uses permitted:

A one-family detached dwelling.

[Amended 12-14-1998 by L.L. No. 10-1998]

Home occupation.

Accessory uses.

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.

The building area lot coverage shall not exceed 20% of the lot area.

[Amended 2-14-2000 by L.L. No. 5-2000]

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.

No building shall exceed two stories and a height of 32 feet.

[Amended 12-14-1998 by L.L. No. 10-1998]

Uses permitted by special exception permit from the Village Board of Trustees and site plan approval by the Planning Board:

[Added 4-12-1991 by L.L. No. 12-1991]

§ 197-10 Residential District 5 (Pond Point).

Religious and educational uses.

[Amended 10-2-1992 by L.L. No. 1-1992]

[Added 11-11-1983 by L.L. No. 12-1983*]

In Residential District 5 (Pond Point), the following regulations shall apply:

Uses permitted:

A one-family detached dwelling.

[Amended 12-14-1998 by L.L. No. 10-1998]

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.

Accessory uses customarily associated with a one-family residence dwelling, except that home occupations or any other business-type activity shall be strictly prohibited.

*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:

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;

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;

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

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.

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.

**NOTE: See now Art. V of this chapter.

The lot area shall not be less than 6,000 square feet, and the lot width shall not be less than 60 feet.

Building, off-street parking and impervious area lot coverage.

[Amended 2-14-2000 by L.L. No. 5-2000]

The building area lot coverage shall not exceed 20% of the lot area.

Off-street parking areas (land coverage) shall not exceed 5% of the lot area or 500 square feet, whichever is the larger area.

The total of building, off-street parking and impervious surface areas shall not exceed 40% of the lot area.

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.

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]

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:

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.

No proposed site grading or regrading shall raise the ground elevation above the elevation of the surrounding streets or pedestrian walks.

§ 197-11 Multifamily Residence District 20.

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:

Permitted uses:

[Amended 3-12-1982 by L.L. No. 7-1982; 5-14-1982 by L.L. No. 9-1982, 6-8-1984 by L.L. No. 7-1984]

A one-family detached dwelling.

[Added 10-28-1992 by L.L. No. 11-1992[1]; amended 12-14-1998 by L.L. No. 10-1998]

Editor's Note: This local law also provided for the renumbering of former Subsection A(1), (2), (3) and (4) as Subsection A(2), (3), (4) and (5).

Two-family detached dwelling.

Multiple dwelling as a special exception use.

Condominium or cooperative development consisting exclusively of the uses, including a combination thereof, permitted under Subsection A(2) and (3) hereinabove as a special exception use.

Accessory uses.

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]

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]

Yard required:

[Amended 6-8-1984 by L.L. No. 7-1984]

One-family and two-family detached dwellings and accessory buildings and structures shall have the same yards, stories and heights as required in the Residential District 4 pursuant to § 197-9D and E.

[Amended 2-14-2000 by L.L. No. 5-2000]

Multiple dwellings and condominium and cooperative developments shall comply with the dimensional requirements pursuant to § 197-80.3D, as included at the end of this chapter in the Multifamily Residential Developments Table of Dimensional Regulations.

[Amended 4-3-2008 by L.L. No. 5-2008]

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]

Minimum floor area:

[Amended 5-14-1982 by L.L. No. 9-1982; 6-8-1984 by L.L. No. 7-1984]

The minimum floor area for a two-family detached dwelling shall be that set forth for such dwellings in § 197-34B.

The minimum floor area for dwelling units in a multiple dwelling, including those that are condominiums and cooperatives, shall be that set forth in § 197-34D.

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]

Outer courts or spaces:

The least width at the lowest level of an outer court or of a space between building walls shall be not less than the largest of the following three dimensions:

One-third of the maximum building height above such lowest level of the building walls erected on the same lot and bounding such court or space.

Two-thirds of the horizontal depth of such court or space.

[3]

Fifteen percent.

The horizontal depth of an outer court or of a space between building walls shall not exceed 1 1/2 times the least width.

Inner courts or spaces.

The least horizontal dimension of an inner court at its lowest level shall not be less than the larger of the following two dimensions:

Two-thirds of the maximum building height above such lowest level of the building walls erected on the same lot and bounding such court or space.

Fifteen percent.

§ 197-12 Marina District.

[Added 4-12-1991 by L.L. No. 7-1991[1]]

Uses permitted. The following uses shall be permitted within the Marina District:

Private and public mooring and dockage of boats.

Retail sales of boats and boating equipment.

Retail sales of fishing equipment and supplies.

Outdoor boat storage.

Marine gas and oil storage for retail sales.

(6)

Boat repair yard.

The lot area shall not be less than 150,000 square feet and the lot width shall not be less than 200 feet.

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.

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.

No building shall exceed a height of 35 feet.

No discharges of pollutants of any kind deleterious to the surrounding surface waters shall be permitted to occur on the site.

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.

§ 197-13 Parks and Conservation District.

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]]

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.

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.

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]

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.

§ 197-14 Second dwellings in residence districts prohibited.

Editor's Note: This local law also repealed former § 197-13, Facility District 2.

[Added 7-5-2016 by L.L. No. 3-2016]

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.

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.

§ 197-15 (Reserved)

§ 197-16 Business District 1 (B-1).

[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]

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:

Promote efficient use of land and services;

Create a mixture of land uses that encourages employment and housing options in close proximity to one another;

Provide formal and informal community gathering places and opportunities for socialization (i.e., along an active streetfront);

Encourage pedestrian-oriented development;

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.

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.

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:

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.

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.

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.

Figure 197-16B(1) - Building Orientation

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.

The building orientation standards under 197-16B(1) are met; and

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

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

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.

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.

There is continuity in building sizes between new and existing buildings;

The ground floor and upper floor elevations and architectural detailing are compatible with adjacent commercial buildings;

Roof elevation is compatible with adjacent commercial buildings (roof pitch and shape);

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).

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.

Regularly spaced and similarly shaped windows are provided on all building stories;

Ground floor retail spaces have tall ceilings (i.e., 12 feet to 16 feet) with display windows on the ground floor;

Display windows are trimmed, recessed, or otherwise defined by wainscoting, sills, water tables, or similar architectural features;

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.

Figure 197-16B(4)(h)

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:

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:

Residential community facilities limited to the following:

Church or similar place of worship or religious instruction, parish house, rectory, seminary or convent.

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.

General community facilities limited to the following:

Philanthropic, fraternal, social or educational institutional office or meeting room, nonprofit.

Performing arts center.

Amusement and recreational business category:

Movie theater.

Bowling alley.

[3]

Other indoor recreation.

§ 197-16.1.1 Existing one- and two-family dwellings in B-1 District.

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.

§ 197-16.1 Business District 2 (B-2).

[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.

§ 197-16.2 Business District 3 (B-3).

[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.

§ 197-16.3 Hotel 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.

§ 197-16.4 Hamlet Commercial/Residential District (HC).

[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]

No off-street parking or loading shall be permitted in the front yard as defined in § 197-1.

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]

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.

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]

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.

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.

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.

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.

Signs for nonresidential uses shall meet the standards for the B-1 Zoning District in § 197-30 of this Code.

Parking trust fund: See § 197-24 of this Code.

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.

Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

The maximum gross floor area is 3,000 square feet per use.

§ 197-17 Business Districts, Hamlet Commercial/Residential District, and Hotel District Table of Use Regulations.

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.

[Added 2-14-2000 by L.L. No. 1-2000;[1] amended 5-7-2009 by L.L. No. 4-2009]

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.

§ 197-17.1 Business Districts, Hamlet Commercial/Residential District, and Hotel District Table of Dimensional Regulations.

Editor's Note: This local law also provided for the repeal of former § 197-17, Business District 2, as amended. See now § 197-16.1.

[Added 2-14-2000 by L.L. No. 1-2000;[1] amended 5-7-2009 by L.L. No. 4-2009]

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.

Editor's Note: This local law also provided for the repeal of former § 197-17.1, Business District 3, added 12-11-1987 by L.L. No. 24-1987, as amended. See now § 197-16.2.

§ 197-17.2 (Reserved) [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.

§ 197-18 Industrial District 1.

[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:

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:

Distribution and warehousing plants, indoor storage only.

Greenhouse or plant nursery, wholesale.

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].

Municipal facilities.

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]

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.

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]

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.

Building and structure height limit. No building or structure or part thereof or accessory thereto shall exceed a height of 35 feet.

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:

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.

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.

The use(s) shall not be detrimental to the value of surrounding and nearby properties.

Parking requirements, screening requirements and dimensional requirements are satisfied.