Village of Ocean Beach, NY Article I General Provisions

§ 164-1 Purposes and considerations.

[Amended 6-13-1981 by L.L. No. 4-1981]

A. For the purpose of promoting the health, safety and general welfare of the Incorporated Village of Ocean Beach, and in accordance with a Comprehensive Plan of the Village of Ocean Beach and the General Management Plan of the Fire Island National Seashore, this chapter is designed to lessen congestion on the walks; to secure safety from fire, flood, panic and other dangers; to promote health, general welfare and public peace and quiet; to provide adequate light and air; to provide access to solar energy and the accommodation of solar energy systems to the extent possible; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of water, sewerage, schools, parks and other public requirements.

B. This chapter is adopted with reasonable consideration, among other things, as to the character of each 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 Incorporated Village of Ocean Beach.

C. Whereas this village is built up to 95% of its total area and the proximity of its existing structures sharply reduces the available skyspace for optimum solar access, protection of solar access is hereby limited to roof-top collectors. The use of solar energy systems, structures and equipment is permitted in all districts and subject to all constraints of this chapter with regard to required setbacks and elevations, except that in the Dune District prior approval is required from the Board of Trustees and the Fire Island National Seashore.

§ 164-2 Nature of regulations.

In promulgating said purposes, this chapter regulates and restricts the height, number of stories and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts and other open spaces; the density of population; and the location and use of buildings, structures and land for trade, residence, recreation or other purposes.

§ 164-3 Word usage and definitions.

A. Usage.

[Amended 9-8-2007 by L.L. No. 4-2007]

(1) For the purposes of this chapter, unless the content indicates to the contrary, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

(2) The word "shall" is always mandatory. The words "used or occupied" shall be construed as though followed by the words "or intended, arranged or designed to be used or occupied."

(3) All frontages, depths, widths and areas shall be net, measured to or from the property lines.

(4) The word "person" includes a profit or nonprofit corporation, company, partnership or individual.

(5) The word "village" shall mean the Incorporated Village of Ocean Beach.

(6) The term "Board of Trustees" shall mean the Village Board of Trustees of the Village of Ocean Beach; the term "Planning Board" shall mean the Planning Board of said village; the term "Board of Appeals" shall mean the Board of Appeals of said village; the term "Inspector of Buildings" shall mean the Inspector of Buildings duly appointed and empowered by the Board of Trustees to enforce the provisions of this chapter; the term "Village Clerk" shall mean the Village Clerk of the Village of Ocean Beach.

B. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

For the purpose of termination of a nonconforming use, any use within a building which is not continued for a substantial part of one summer season (Memorial Day through Labor Day) shall be deemed abandoned from its previous use (whether or not there is intent to abandon).

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.

ALTERATION

Change or rearrangement in the structural parts of a building or other structure, including interior partitions, exterior porches, exits and decks, interior load-bearing walls, capacities of utility pipes, ducts or conduits.

APARTMENT

A dwelling unit in a multiple-family structure or commercial structure which is designed, used or intended to be used as a housekeeping unit for a single family.

[Added 11-1-1980 by L.L. No. 12-1980]

APARTMENT HOTEL

A multiple-family structure for three or more families, living independently of each other in apartment units, and supervised by a person in charge at all hours.

[Added 11-1-1980 by L.L. No. 12-1980]

ARBOR

Any combination of materials used to construct an entry portal to property or landscaped areas, and which do not encroach into side and rear yard setbacks, nor exceed 10 feet in height, six feet in width and four feet in depth, and must be set back a minimum of five feet from the existing concrete walk adjacent to property line.

[Added 9-13-1997 by L.L. No. 12-1997]

BATHHOUSE

A building or portion thereof containing dressing rooms and/or lockers for bathers.

BOARDINGHOUSE

A building other than a hotel or restaurant where lodging and meals for five or more persons are served for compensation, including tourist houses, rooming houses and lodging houses.

BUFFER STRIP

A planting area or plant/bush/vegetation strip, and any related improvements, for the purpose of creating an aesthetic screen and/or barrier between the business and residence districts, as determined by the Village Planning Board/Architectural Review Board, upon application to said board( s).

[Amended 6-10-2000 by L.L. No. 3-2000; 11-2-2019 by L.L. No. 6-2019]

BUILDING

A structure having a roof supported by columns or walls and, when separated by a party wall without openings, it shall be deemed a separate building.[1]

BUILDING HEIGHT

The vertical distance from the finished first floor to the highest point of the roof.

[Amended 9-8-2007 by L.L. No. 4-2007; 4-26-2008 by L.L. No. 1-2008]

COURTYARD

That part of a yard, not the front yard, lying between any part of a building or buildings and the front yard setback line.

DANCE HALL OR DISCOTHEQUE

A public place in which people assemble where the main purpose of assembly is dancing to musical accompaniment, live or recorded. Such establishment may or may not serve alcoholic beverages.[2]

DWELLING, MULTIPLE

A building designed for or occupied by three or more families living independently of each other with separate cooking facilities, including cooperative apartments, garden apartments and condominium apartments.

DWELLING, SINGLE- OR ONE-FAMILY

A detached building designed for and occupied exclusively by one family doing its own cooking.

DWELLING, TWO-FAMILY

A detached building designed for or occupied exclusively by two families living independently of each other with separate cooking facilities.

ELEVATING A BUILDING

It is permissible to elevate an approved, existing, nonconforming building to the current flood zone height requirements as mandated by the New York State Building and Residential Codes in the same footprint that currently exists without conforming to the required setbacks of this Zoning Ordinance. A new maximum four-foot-wide ramp/stairs with a four-foot-by-four-foot maximum size landing at the point of building entry alongside and adjacent to an existing conforming or nonconforming building solely for entry access will be allowed within one side yard setback, if no other option is available, including relocation of the raised structure area within Area A for entry access within Area A (See Plot Use Diagram).

[Added 11-16-2013 by L.L. No. 2-2013; amended 11-2-2019 by L.L. No. 6-2019]

PLOT USE DIAGRAM To be used in all plots, including corner plots.
A:	Area available for all structures. Five percent of Area A must be reduced and used as open space in its natural state at ground level, including no structures or paving.
Bs:	Side yard setbacks. No permanent or temporary structures are permitted in this area except as noted below.
Br:	Rear yard setback, limited by the width of the side yards. No permanent or temporary structures are permitted in this area except as noted below.
C:	Front yard setback for ground floor, limited in width by side yards. Structures limited to those serving for access to the main house structure, fences, refuse bins and landscaping. No portion of a staircase or ramp may be within five feet from the front property line.
Note:	Four-foot ground-level walks are allowed in areas Bs and Br. Such walks must be of permeable material and constructed so their walking surface is even with the adjoining ground. No more than 25% of the combined area of the two side yards plus the rear yard (2Bs + Br) may be used for the walk surface. Only one walk is permitted in one of the two side yards. See exception in § 164-25C.

FAMILY

One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. One or more persons living and cooking together as a single nonprofit housekeeping unit and being the functional and factual equivalent of a traditional family, whether related by blood, adoption or marriage or not, shall be deemed to constitute a family. A group of persons whose association of relationship is transient or seasonal in nature rather than that of a permanent and domestic character shall not be considered a family.

[Amended 1-23-1988 by L.L. No. 1-1988]

FENCE

A vertical, unroofed structure erected as a barrier or for the purposes of enclosing or screening outdoor space, which is either self-supporting or fastened to and supported by posts or other supports. A wooden fence may have openings to admit the passage of light and air, or it may be solid or partially solid to prevent the free passage of light and air. A fence less than four feet in height is not a structure. Fences may not be located in any rear easement/rear delivery lane area, whether owned by the property owner or not.

[Added 5-21-1994 by L.L. No. 1-1994; amended 11-16-2013 by L.L. No. 2-2013]

FENCE MATERIAL

All fences are to be constructed of wood or nonferrous materials with openings no less than four square inches evenly patterned throughout. All posts will be of wood and nominally four-inch-by-four-inch posts will be set into the ground no less than four feet zero inches or equivalent. Open grid wire fencing no heavier than 14-gauge with minimum four-inch-by-four-inch support posts will be allowed on side yard property lines only. Fences set back eight feet from side, front and rear property lines can be constructed of solid facing materials and cannot exceed six feet in height.

[Added 9-13-1997 by L.L. No. 12-1997]

FLAT ROOF

Any roof with a slope of less than 4:12.

[Added 11-2-2019 by L.L. No. 6-2019]

FLOOR AREA, GROUND

The gross area within the outer boundaries of the exterior walls of the dwelling at grade level and the area formed at grade level by a vertical projection within the exterior walls of the upper structure. A swimming pool shall be deemed a part of the gross ground floor area.

[Amended 7-9-1983 by L.L. No. 10-1983; 1-28-2006 by L.L. No. 1-2006; 11-16-2013 by L.L. No. 2-2013[3]]

GUESTHOUSE

An accessory dwelling on the same plot as the main building, for the temporary accommodation of guests of residents living in the main building of the plot without any cooking or dining facilities.

HOTEL

A building designed to provide individual sleeping accommodations for short-term transient occupants, with or without direct outside access, with or without restaurant facilities and with or without common entrance, common heating system or general dining room.

LIVING AREA

The total of areas within the outer boundaries of the exterior walls of the main dwelling at ground floor area of each floor. That area totally enclosed by the main dwelling shall be deemed "living area" as defined herein. A sun deck, when erected above the ground floor of a building and only allowed as accessory to an upper level, shall be deemed a part of the gross living area. A swimming pool shall be deemed a part of the gross living area.

[Amended 3-16-1985 by L.L. No. 3-1985; 11-22-1999 by L.L. No. 6-1999; 11-16-2013 by L.L. No. 2-2013[4]]

LOT AREA

The total area measured inside of all the lot lines, excluding underwater areas.

LOT, CORNER

A lot with frontage on two or more intersecting public walks.

LOT, THROUGH

A lot extending from one public walk to another, having frontage on two public walks.

MARINA OR MARINE WHARF

A structure built or maintained for the purpose of providing, for monetary gain, a berthing place for four or more vessels or boats.

NONCONFORMING USE

Any building, structure or land lawfully occupied by a use that does not conform to the regulations of the use district in which it is situated.

PATIOS

Any combination of materials can be used to construct patios. Patios may not be elevated above the immediate adjacent ground level and cannot encroach into the front, rear and side yard setbacks.

[Added 9-13-1997 by L.L. No. 12-1997]

PLOT

A parcel of land, exclusive of public walk areas, used or designed to be used by one use or building or by a related group of uses or buildings and the accessory uses or buildings customarily incident thereto, including such open spaces as are required by this chapter.

[Added 9-8-2007 by L.L. No. 4-2007]

PLOT OCCUPANCY

The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane, excluding permitted projections as allowed by this Code.

[Added 9-8-2007 by L.L. No. 4-2007]

PREMISES

A tract of land with the buildings thereon.

RAMP

A sloping or elevated walkway providing access to a structure, not exceeding four feet in width.

RECEIVING OR TRANSMISSION TOWER

A receiving or transmission tower may not be erected, constructed or maintained in any use district except upon the issuance of a special permit by the Board of Trustees after a public hearing subject to such conditions as the Board of Trustees may specify and upon approval of the Fire Island National Seashore. Earth station or disc antennas over three feet in diameter shall be in all respects considered "receiving or transmission towers." A receiving or transmission tower shall not be considered an accessory use. This definition does not include earth station or disc antennas three feet or less in diameter.

[Added 6-25-1983 by L.L. No. 7-1983; amended 3-4-1995 by L.L. No. 2-1995]

REFUSE CAN STORAGE BINS

Bins for the storage of refuse cans constructed solely of wood, with a maximum height of 36 inches measured from existing sidewalk grade with a maximum of four feet in width and a maximum of 30 inches in depth with front access only and top access prohibited with positive hinging and latching required. The bin shall not encroach into the eight-foot side yard setback and be a minimum of five feet from the existing concrete walk adjacent to property line to the front face of the bin.

[Added 9-13-1997 by L.L. No. 12-1997]

RESTAURANT

A building or part of a building, or plot, on or in which food and/or beverages are prepared and served to patrons either inside and/or outside, whether counter service, carry-out, fast-food or table service.

ROAD

See walk.

SHARES

The grant of authority or permission to a person or persons to reside overnight in a single-family dwelling in any room, rooms or portion thereof.

[Added 1-19-1985 by L.L. No. 1-1985]

SIGN

Any device intended for use for the purpose of advertisement, identification, publicity or notice, when visible from the exterior of a structure in or on which the sign is located. The term "sign" shall include any billboard, illustration, insignia, lettering, picture, display, banner, pennant or flag, however made, displayed, painted, supported or attached, and excludes house numbers in the Residence District not larger than 1/2 square foot.[5]

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it, and any space between average ground level and the surface of the floor next above it in excess of seven feet.

[Amended 7-9-1983 by L.L. No. 10-1983]

STRUCTURES

A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water, including but not limited to the following: building, bin, bridge, deck, fence, trellis, arbors, framework, platform, pier, reviewing stand, retaining wall, shed, shelter, sign, aboveground and below-ground pool, tank, tent, tennis court tower, walls, docks, heating/ventilation/air-conditioning (HVAC) systems or any other mechanical equipment front yard walks and ramps and steps used for access into buildings and onto decks and patios. The term "structure" shall not include paving on streets or sidewalks, utilities, planting boxes, retaining walls less than one foot high, temporary storage sheds, curbing and other items that are clearly landscaping.

[Added 9-13-1997 by L.L. No. 12-1997; amended 9-8-2007 by L.L. No. 4-2007; 5-23-2009 by L.L. No. 3-2009]

SUN DECK

A structure which services the inhabitable floor of a dwelling, is elevated more than four inches above the adjacent grade, is without a roof or wall and is designed as an accessory use to a dwelling.

[Amended 7-9-1983 by L.L. No. 10-1983; 11-13-2004 by L.L. No. 2-2004; 9-8-2007 by L.L. No. 4-2007]

SWIMMING POOL

Any temporary, portable or permanent tank constructed of any material with a lining no more than 18 inches below grade, which will retain water to a depth greater than 18 inches, or having a surface greater than 64 feet.

[Added 3-16-1985 by L.L. No. 3-1985]

TEMPORARY STORAGE SHED

Any temporary, portable and nonpermanent shed which is used incidental to the main structure for storage only. Such shed shall not be supplied with electricity or water.

[Added 5-23-2009 by L.L. No. 3-2009]

TRELLISES

Any combination of materials constructed to form a training vehicle for vegetation. Trellises shall not exceed a height of 10 feet from existing ground level and may not encroach into front, side and rear setbacks nor be used in lieu of fencing.

[Added 9-13-1997 by L.L. No. 12-1997]

USE

The purpose for which land or a building or structure is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.

WALK

A public or private right-of-way, as shown on the Zoning Map, which affords the principal means of access to abutting properties. Neither tidal nor nontidal waters, nor the shores, strands or beaches along the same, shall be deemed walks for the purpose of this chapter.

YARD, FRONT

The open space between the front property line and the nearest part of any building.

YARD, REAR

Open space on the same lot with the main building between the rear line of said building and the rear line of the lot.

YARD, SIDE

Open space on the same lot with the main building, situated between the building and the side line of the lot and extending through from the walk or from the front yard to the rear yard of the lot. Any lot line not a walk line or a rear line shall be deemed a side line.

[1] Editor's Note: The former definition of "building area," as amended, which immediately followed this definition, was repealed 4-26-2008 by L.L. No. 1-2008.

[2] Editor's Note: The former definition of "deer fence," added 5-21-1994 by L.L. No. 1-1994, which immediately followed this definition, was repealed 9-13-1997 by L.L. No. 12-1997.

[3] Editor's Note: The definition of "ground-level decks" which immediately followed this definition, as added 9-13-1997 by L.L. No. 12-1997, was repealed 11-13-2004 by L.L. No. 2-2004.

[4] Editor's Note: The former definition of “lot,” which immediately followed, was repealed 9-8-2007 by L.L. No. 4-2007.

[5] Editor's Note: The definitions of "skyspace" and "solar access" which immediately followed this definition, as added 6-13-1981 by L.L. No. 4-1981, were repealed 11-22-1999 by L.L. No. 6-1999.

§ 164-3.1 Regulation of amusement devices.

[Added 3-5-83 by L.L. No. 5-1983]

A. Legislative intent. It is the intent of the Board of Trustees to regulate the use of amusement devices for the protection of the economic and social welfare and the preservation of peace and good order of the Village of Ocean Beach.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AMUSEMENT DEVICE

Any mechanical or electrical device or contrivance which, by means of the insertion of a coin, token, slug or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivances, affects the operation thereof for use as a game, contest or amusement, or which may be so used. The term "amusement device" includes but is not necessarily limited to pinball machines, electronic games, video games, computerized games, pool tables, casino-type games and similar devices.

PERSON

Includes individuals, natural persons, partnerships, joint ventures, societies, associations, clubs, corporations or unincorporated groups or any members, officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.

PREMISES

Any public or quasi-public place, building or store where the public may enter.

C. Restrictions. No such amusement device shall be maintained on premises, other than commercial premises which serve food for on-premises consumption. The location and/or operation of more than three amusement devices on any one such premises is prohibited.

D. Penalties for offenses. Any person committing an offense against any provision of this section shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, § 1-14.

§ 164-4 Regulations concerning Fire Island National Seashore.

A. Notice on applications for building permits. The Village Clerk, upon receipt of an application for a building permit, shall give written notice of the same to the Superintendent of the Fire Island National Seashore within five days, or in any case before action by the village, identifying by name and address the applicant for such permit, the location of the subject property and the extent and nature of the permit requested.

B. Notice on variances, special permits or zoning amendments. The Village Clerk shall forward to the Superintendent of the Fire Island National Seashore, at least five working days prior to official filing with the village, all applications for variances, special permits or zoning amendments, and dates set for public hearing.

C. Notice of approvals or denials. The Village Clerk shall forward to the Superintendent of the Fire Island National Seashore, within five working days, all notices of disposition of actions on building permits, variances, special permits or zoning amendments.

§ 164-5 Use districts; boundaries on Zoning Map.

A. For the purpose of this chapter, the Village of Ocean Beach is hereby divided into three use districts, which shall be designated as follows:

Residence District (R-4)

Oceanfront Dune District (DD)

Business District (C)

Bayfront Recreation District (BRD)

[Added 3-24-84 by L.L. No. 1-1984]

B. Boundaries on Zoning Map.

(1) The boundaries of the use districts shall be as shown upon the map attached to and made a part of this chapter, entitled "Village of Ocean Beach, Suffolk County, New York, Amended Zoning Map."[1]

[1] Editor's Note: A copy of the Zoning Map is on file in the office of the Village Clerk.

(2) The boundaries between use districts are, unless otherwise indicated, either along the boundary lines of various properties and lots or the center lines of walks, rights-of-way or such lines extended or lines parallel thereto. When the location of a use district boundary line is not otherwise determined, it shall be determined by the scale of the map measured from a given line. Where figures are shown on the Zoning Map between a walk and a district boundary line, they indicate the distance therefrom equivalent to the number of feet so indicated. Lands lying underwater shall be considered as being in the same district as the abutting upland for a distance of 100 feet from said upland, unless specifically classified and designated otherwise. When property is located in two different zones, it must meet the higher zoning classification.

§ 164-6 Regulations pertaining to apartments.

[Added 11-1-80 by L.L. No. 12-1980]

In the event that a special permit is issued by the Board of Trustees pursuant to § 164-10A, the following terms and conditions shall apply for apartments:

A. An apartment may only be rented to a tenant residing therein for a period of one month or longer.

B. Each apartment must contain:

(1) A sanitary facility containing a water closet, washbasin and shower or bath.

(2) Only one kitchen facility containing a stove, sink and mechanical refrigerator.

(3) A bedroom.

(4) A living room.

C. Each apartment must meet additional minimum requirements:

(1) Area: 600 square feet.

(2) Height: seven feet six inches measured from floor to ceiling.

(3) Living room: 180 square feet.

(4) Bedroom: 100 square feet.

(5) Kitchen: 60 square feet.

(6) Dining room: 80 square feet.

(7) Sanitary facility: 35 square feet.

(8) Habitable room: 100 square feet.

(9) Windows for all rooms, except kitchens and sanitary facilities which may have a skylight or mechanical ventilation.

(10) Sound-rated walls and ceilings separating apartments.

D. Each building in which three or more apartments are located must provide:

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection D(1), which required a screened area for drying of laundry, was repealed 3-4-2006 by L.L. No. 3-2006.

(2) A screened area for deposit and collection of garbage and refuse.

(3) A managing agent residing within the village, whose name, address and telephone number shall be conspicuously posted on the premises and shall likewise be registered with the Village Clerk and Village Police Department.

E. Any building which contains more than three apartments must comply with all requirements of the State Multiple Dwelling Code in addition to the requirements herein set forth.

§ 164-7 Regulations pertaining to apartment hotels.

[Added 11-1-80 by L.L. No. 12-1980]

In the event that a special permit is issued by the Board of Trustees as provided under § 164-10A, the following terms and conditions shall apply:

A. Each apartment unit in an apartment hotel (called "units") must comply with the requirements of § 164-6A(2) and (3), except that the minimum area for such unit shall be 380 square feet.

B. Each apartment hotel must provide:

(1) A screened area for drying of laundry.

(2) A screened area for deposit and collection of garbage and refuse.

(3) A managing agent residing within the village, whose name, address and telephone number shall be conspicuously posted on the premises and shall likewise be registered with the Village Clerk and Village Police Department, and who shall be available at all times whenever any of said units are occupied. For each apartment hotel containing more than five units, such managing agent must reside on the premises or within 200 feet of said premises.

C. Each apartment hotel must comply with all requirements of the State Multiple Dwelling Code in addition to the requirements herein set forth.