It is the intent of the Board of Trustees to
provide for the health, safety and welfare of the residents of the
Village of Ocean Beach by protecting the land within this district
as part of the natural functioning of barrier beach from overuse and
over-development which does not take into account the natural functioning
of barrier beach and associated ecological systems.
In the Residence R-4 District, no building,
structure or premises shall be used or occupied and no building or
part thereof or other structure shall be so erected or altered except
for one or more of the following purposes:
The following uses shall be permitted by special
permit from the Board of Trustees after public hearing and, except
for property owned or leased by the Incorporated Village of Ocean
Beach, following approval by the Fire Island National Seashore:
A.
Public utility.
B.
Community building; place of worship.
C.
Historical or memorial monument.
D.
Extension of a nonconforming use or building upon
the lot occupied by such use or building at the effective date of
this chapter by virtue of proven hardship.
E.
Any use or provision determined to require appeal
from any order or decision made by any person designated by the Board
of Trustees for such purpose, not expressly designated by the Board
of Trustees to be determined by the Board of Appeals, including variance
of area density requirements, by virtue of proven hardship.
F.
Temporary and conditional permits of limited duration
for nonconforming uses and buildings by virtue of proven hardship.
G.
Office of a licensed physician or dentist residing
on the premises and when such use is incidental to such residence;
provided, however, that such use shall be within the main building
and occupying not more than 1/3 of the first-floor area.
[Amended 3-14-1981 by L.L. No. 2-1981]
H.
Municipal park, municipal playground, municipal recreation
building or other municipal building or use.
J.
Receiving or transmission tower.
[Added 6-25-1983 by L.L. No. 7-1983]
A.
The following accessory uses shall be permitted when
located on the same lot with the authorized use:
(2)
Other customary accessory uses, structures and buildings,
including outside showers, temporary storage sheds and sun decks,
provided that such uses are clearly incidental to the principal use.
An accessory use does not include any activity commonly conducted
as a business.
[Amended 5-23-2009 by L.L. No. 3-2009]
(3)
Any accessory building shall be located in the same
lot with the principal building, and no accessory building shall be
constructed on a lot until the construction of the main building has
actually been commenced, and no accessory building shall be used unless
the main building on the lot is completed and used.
A.
In the Residence R-4 District, no two-story building
or structure shall be erected or altered to a height in excess of
24 feet as measured from the finished first floor to the highest point
of the roof. The highest structural roof member in the east-west direction
shall be at a minimum of 16 feet from the north property line. The
height limit for a flat roof on a two-story building or structure
shall be 21 feet, No one-story building shall be erected or altered
to a height in excess of 16 feet as measured from the finished first
floor to the highest point of the roof.
[Amended 6-13-1981 by L.L. No. 4-1981; 11-22-1999 by L.L. No.
6-1999; 11-13-2004 by L.L. No. 2-2004; 9-8-2007 by L.L. No. 4-2007; 4-26-2008 by L.L. No. 1-2008; 11-2-2019 by L.L. No. 6-2019]
C.
Exceptions subject to approval by the Board of Trustees
after a public hearing:
[Amended 9-8-2007 by L.L. No. 4-2007; 9-14-2019 by L.L. No. 5-2019]
A.
Effective
September 14 2019, the minimum required plot area for a single-family
dwelling shall be 4,000 square feet. Any existing plots that are less
than 4,000 square feet shall be deemed legally nonconforming.
B.
No property
in the Residential R-4 District shall be subdivided in a manner which
creates a plot area of less than 4,000 square feet.
[Amended 7-9-1983 by L.L. No. 10-1983; 10-12-1991 by L.L. No.
3-1991; 1-28-2006 by L.L. No. 1-2006; 8-12-2006 by L.L. No. 7-2006; 9-8-2007 by L.L. No. 4-2007]
A.
For any building or structure hereafter erected, the
minimum required ground floor area, exclusive of accessory uses such
as sheds, decks and ramps and other such uses, shall be 600 square
feet.
(1)
For the purpose of this chapter, "ground floor area"
shall mean the area within the exterior walls of the dwelling at first
floor level.
[Amended 11-2-2019 by L.L. No. 6-2019]
(2)
The maximum ground floor area for any one-story, building
or structure hereafter erected or altered on lots of 4,000 square
feet or more shall be a maximum living area of 40% of the total lot
area, exclusive of accessory uses. For the purposes of this chapter,
swimming pools shall be included in the calculations for ground floor
area and living area.
[Amended 11-2-2019 by L.L. No. 6-2019]
(3)
The maximum ground floor area for any two-story building
or structure hereafter erected or altered on lots of 4,000 square
feet or more shall be a maximum of 30% ground floor and a maximum
of 45% total lot area. For the purposes of this chapter, swimming
pools shall be included in the calculations of the second floor area
and of the total living area. No pool shall be constructed on lots
of less than 4,000 square feet.
[Amended 11-2-2019 by L.L. No. 6-2019]
(4)
The maximum ground floor area for any one-story building
or structure hereafter erected or altered on lots of 3,000 square
feet to 3,999 square feet shall be a maximum living area of 35% of
the total lot area.
(5)
The maximum ground floor area for any two-story building
or structure hereafter erected or altered on lots of 3,000 square
feet to 3,999 square feet shall be 27% of the total plot area with
a maximum living area of 40% of the total plot.
[Amended 11-2-2019 by L.L. No. 6-2019]
B.
No building hereafter shall be constructed, enlarged,
extended, reconstructed, altered or partitioned so as to provide more
than one kitchen, three bathrooms or three water closets and four
rooms for sleeping purposes, nor shall more than four rooms in any
one building be used for sleeping purposes. For the purposes of this
section, all accessory buildings and accessory uses to the main building
shall be included in determining compliance with the provisions of
this subsection.
[Amended 9-8-2007 by L.L. No. 4-2007; 9-14-2019 by L.L. No. 5-2019]
A.
Single-family dwellings. Effective September 14, 2019,
plots shall have a width of at least 50.00 feet, regardless of the
depth thereof. Any existing plots that are less than 50 feet wide
shall be deemed legally nonconforming.
B.
No property in the Residential R-4 District shall
be subdivided in a manner which creates a plot with a width of less
than 50 feet.
A.
Main buildings. All buildings, except accessory buildings,
hereafter erected, modified or altered shall have a required front
yard of 14 feet.
[Amended 9-8-2007 by L.L. No. 4-2007; 10-13-2007 by L.L. No.
6-2007; 11-2-2019 by L.L. No. 6-2019]
(1)
All buildings hereafter erected, modified or altered
shall have a required front yard of 14 feet except buildings having
a lot depth of 104 feet hereafter erected, modified or altered after
September 10, 2007, which shall have a required front yard of 18 feet.
(2)
All second stories hereafter erected after September
10, 2007, shall have a second-story setback from the front property
line of at least 22 feet.
(3)
Switchback ramps shall be prohibited in the fourteen-foot
front yard setbacks on plots of less than 4,000 square feet.
(4)
No portion of a staircase or ramp is allowed within five feet of
the front property line.
B.
Corner lots. All main buildings hereafter erected,
modified or altered on a corner lot shall also have a front yard facing
the sidewalk. This front yard shall be at least eight feet.
C.
Through lots. Front yard requirements shall be required
on both walk frontages on a through lot.
[Amended 9-8-2007 by L.L. No. 4-2007]
[Amended 9-8-2007 by L.L. No. 4-2007; 5-23-2009 by L.L. No.
3-2009; 11-2-2019 by L.L. No. 6-2019]
A.
Dwellings. All main buildings hereafter erected, modified
or altered shall have a side yard setback along each lot line of eight
feet on each side, totaling 16 feet and at least 12 feet from the
main side of any adjacent building.
B.
Accessory buildings and sheds. No accessory buildings,
sheds or structures shall be closer to any side line than eight feet.
C.
Decks, ramps and steps hereafter erected, modified
or altered shall be no closer to any side property line than eight
feet. Exception: A four-foot-wide ramp shall be allowed in one side-yard
setback for existing houses in plots of 37.5 feet or less in width
that are raised to flood prevention elevation.
D.
All two-story buildings or structures hereafter erected shall have
a second-story setback from the north property line of at least 12
feet.
[Amended 9-8-2007 by L.L. No. 4-2007; 5-23-2009 by L.L. No.
3-2009; 11-2-2019 by L.L. No. 6-2019]
A.
Dwellings. All main buildings hereafter erected, modified
or altered shall have a minimum rear-yard setback whose depth is not
less than eight feet, except after September 10, 2007, those having
a plot depth of 84 feet shall have a setback of not less than 12 feet.
B.
Accessory buildings and storage sheds.
[Amended 11-16-2013 by L.L. No. 2-2013; 11-2-2019 by L.L. No. 6-2019]
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters, box windows and bay windows
projecting not more than two feet and a maximum two-foot-wide overhang
of second-floor living area, provided that such encroachment is at
least eight feet from ground level.
B.
Front yard: steps, ramps and landings used solely for access to the
first-floor entry door.
[Amended 5-21-1994 by L.L. No. 1-1994; 3-8-1997 by L.L. No. 3-1997; 8-9-1997 by L.L. No. 9-1997; 9-13-1997 by L.L. No. 12-1997]
A.
No fence shall be erected, altered or repaired within
the Village of Ocean Beach, except upon the filing with the Building
Inspector of a plan for the fence with a survey of the property showing
the location of the fence.
B.
No fence shall be erected within the Village of Ocean
Beach within eight feet of the front, rear or side lines of any lot,
which fence exceeds four feet in height measured from the grade where
the fence is erected or as otherwise provided in this herein. Fences
can be erected within the Village of Ocean Beach within the rear and
side yard setbacks, No fence can exceed four feet in height measured
from grade on the front yard property line, except a fence that is
set back five feet from the existing concrete walk can be constructed
to a height of six feet measured from existing grade.
C.
(Reserved)
D.
Exceptions to setback requirements; conversions; power
pole restrictions.
(1)
A fence need not comply with the lot line setbacks provided in § 164-28B hereof, so long as:
(a)
A front yard fence does not exceed six feet
in height measured from the grade where the fence is erected, is erected
entirely on the owner's property and is no closer than five feet to
any part of the concrete walk in front of the property.
(b)
A side yard fence does not exceed eight feet
in height and is erected on the side lot line but no closer than four
feet from the rear power lines and is totally constructed of wood
or a combination of nonferrous materials.
(c)
A rear yard fence does not exceed eight feet
in height and is at least four feet from the rear power lines and
is totally constructed of wood or a combination of nonferrous materials.
(3)
No fence may be directly fastened to a power line
pole, and no fence may be constructed within four feet of any power
line pole or four feet from the vertical line of any power pole.
E.
Any fence which is designed or constructed so as to
have a front or outside (a "good side") and a rear or inside (a "bad
side") shall be installed so that the good side faces abutting streets
or lots and so that the bad side faces in toward the premises on which
the fence is erected.
F.
No fence shall be erected or maintained so as to interfere
with natural surface drainage or in contravention of any fire, health
or police regulations of the village. Fences shall include emergency
access gates to the rear of property devoid of padlock or other locking
devices. Gates shall open both in and out to allow access for emergency
and nonemergency services. Gates shall be clearly defined and kept
free of all vegetation.
G.
The provisions of this section regarding deer fences
shall not be applicable and of no force and effect and a moratorium
declared as to the provisions regarding the same from the effective
date until such time as the moratorium shall be lifted by a duly adopted
resolution of the Board of Trustees.
[Added 11-2-2019 by L.L. No. 6-2019]
An application for new construction or substantial renovation,
as determined by the Building Inspector, must include a landscape
plan that will include the following:
A.
Inventory
of any and all existing trees of a four-inch diameter or larger measured
12 inches above the surrounding ground level. If such trees need to
be removed for the purposes of approvable construction or due to deteriorated
condition, they must be replaced on the same plot by equivalent species.
B.
All
existing shrubs must be shown on the inventory and maintained. If
a new landscape plan requires their removal, they must be replaced
on the same plot by equivalent species and number.
C.
All
submitted applications must include a plan for proposed landscaping
by indigenous plant material selected so as, in maturity, to screen
no less than 60% of the vertical wall area below the level of the
first floor, including break-away walls or fences in view from the
public ways of all proposed structures, including the main house,
decks, staircases, ramps and accessory structures.
D.
Planters
may be included as part of the screening not to exceed 30 inches in
height from an adjacent lower planter or ground level.
E.
Plant
material shall be selected from the Appendix L of recommended species
known to thrive in the Fire Island environment.
F.
If
any fill is requested for landscaping purposes, it must be of an indigenous
sand. No other soil material will be allowed as fill in the land,
except when used in planters or installation of new plant material
as detailed on the construction plans and landscaping plan.
G.
Pavers
must be permeable and installed according to industry standards where
allowed on the plot. Pavers in a public easement shall be restricted
to a six-foot length along the concrete walk at the entrance onto
the property.
A.
No illuminated signs shall be permitted in the Residence
R-4 District, and no advertising or business signs shall be permitted,
nor signs of an obscene nature appealing to prurient interests or
offensive to community standards.
B.
Size shall be limited to one square foot and shall
be limited in number to one per premises, to be located on the premises.
C.
Nonconforming signs may continue such nonconformity
until they are destroyed, structurally altered, reconstructed, changed
or moved, but the period of such nonconformity may not exceed two
years from the date of enactment of this chapter.
D.
Noncommercial signs to be used for public information,
orientation or education purposes may be larger by special permit
from the Board of Trustees, with time limitation to be delineated
by the Board of Trustees.
[Added 11-1-1980 by L.L. No. 12-1980; amended 8-12-2006 by L.L. No. 7-2006]
A.
In the Residence R-4 District, any use which is not
expressly stated to be a permitted use shall be a prohibited use.
B.
It has been determined that structures with apartments, apartment buildings, rooming houses and multiple dwelling units (MDU's) are not in conformity with the character of the R-4 Residential District. Such structures and uses mar the appearances of the residential neighborhood, impair the use, enjoyment and desirability and reduce the values of properties, are detrimental to the character of the neighborhood, prevent the most appropriate development and utilization of land and therefore adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community. Structures with apartments, apartment buildings, rooming houses and multiple dwelling units (MDU's) are expressly prohibited in the Residence R-4 District, unless expressly permitted and authorized pursuant to § 164-10.
[Added 3-16-1985 by L.L. No. 3-1985;
amended 5-11-1996 by L.L. No. 5-1996; 1-28-2006 by L.L. No. 1-2006; 4-28-2006 by L.L. No.
5-2006]
B.
Permitted use. Swimming pools may be installed, used
or maintained as an accessory to a dwelling for the private use of
the owners or occupants of such dwelling and their families and guests,
provided that the premises is in the R-4 District, consists of a parcel
of at least two lots which are contiguous and joining and the parcel
must have an area of at least 4,000 square feet.
C.
Installation requirements and permits. Permit applications
for swimming pools shall be forwarded to the Building Department for
review and consideration. Upon a determination that the application
and proposed swimming pool meet all the requirements of this chapter
and the applicable zoning code the Building Department shall issue
the necessary permit. In the event the Building Department denies
a swimming pool permit application, the applicant may appeal the denial
to the Village's Zoning Board of Appeals.
D.
Every application for a permit shall be made to the
Building Department and be accompanied by detailed plans, specifications
and drawings showing pool construction conforming to the NYS Building
Code. A survey showing the proposed location of the swimming pool,
fences and gates, outdoor lighting, landscaping, screening, filter
and heating systems and such other information as may be required
by the Building Department. A landscape plan for the property shall
be submitted.
E.
Location. Swimming pools shall be constructed and
installed so that the outside dimensions of the pool shall be no less
than 12 feet from the rear or side property line, and no less than
18 feet from the front property line.
F.
Lot coverage. Swimming pools shall be included in
the second-floor area calculation of two-story buildings and the maximum
living area (45% of the total lot area). No pool may be constructed
on plots that have an area of less than 4,000 square feet.
[Amended 11-2-2019 by L.L. No. 6-2019]
G.
Fencing. There shall be erected and maintained a restrictive-type
fence not less than four feet in height and not accessible from any
externally adjacent high ground, tree or structure. Fencing shall
be constructed of wood (louvered or solid), shall completely surround
the pool and shall be constructed in such way as to screen the pool
from outside view. No opening in the fence construction of larger
than two inches in one dimension will be permitted. All gates and
doors shall be equipped with self-closing and self-latching devices
for keeping the gate or door securely closed at all times. During
the course of construction of any pool, a temporary fence shall be
erected as required by the Building Department. No water shall be
put or caused to be put in any swimming pool unless and until an appropriate
fence or barrier, as approved by the Building Department shall first
be erected.
H.
Compliances. Every swimming pool shall be used and
maintained in accordance with the provisions of the NYS Sanitary Code
and the rules and regulations of the Suffolk County Board of Health
Department.
I.
Electrical devices. All electrical devices used in
connection with any pool shall be equipped with a UL-approved ground
fault interrupter.
J.
Pool covers. Every swimming pool when unattended from
September 15 to May 15 shall be covered with a suitable strong protective
covering fastened in place having the ability to support a minimum
dead weight of 200 pounds.
K.
Equipment. Any pool pumps, filters, heaters and other
such equipment shall be soundproofed so as not to be disturbing to
adjoining lots. No equipment shall be located in any setback area.
Pools and pool decks shall not be equipped with exterior entertainment
systems, floodlights or speakers.
[Amended 11-2-2019 by L.L. No. 6-2019]
L.
Nuisance. There shall be no floodlighting of the pool
or pool decks, except for lighting egress pathways and deck downlighting
set at a maximum of 4.0 feet, after 10:00 p.m. Any lighting, noise,
music or sounds which creates a nuisance is prohibited. The pool-operating
mechanism shall be housed and located so as not to cause annoyance
to neighboring homes.
[Amended 11-2-2019 by L.L. No. 6-2019]
M.
Certificate of occupancy. No swimming pool shall be
used until a certificate of occupancy has been issued by the Building
Department. All the provisions of the chapter shall be enforced by
the Building Inspector.
