[Amended 4-5-1982 by L.L. No. 5-1982; 11-4-1985 by L.L. No. 6-1985; 4-4-1994 by L.L. No. 2-1994; 3-19-2025 by L.L. No. 4-2025]
A. 
An accessory building may be located in any required side or rear yard, provided that:
(1) 
Such building shall not exceed 15 feet in height.
(2) 
Accessory building yard requirements of §§ 163-12 through 163-21 are complied with.
(3) 
All such buildings in the aggregate shall not occupy more than 30% of the area of required rear or side yard, with the exception of swimming pools, which shall not occupy more than 25% of the rear yard area.
(4) 
An accessory building designated as a pool house or cabana shall be limited to one story with an unfinished basement with a maximum ceiling height of seven feet, a maximum roof height of 15 feet, and a footprint not exceeding 250 square feet. Interior plumbing fixtures shall be limited to one bathroom sink, one work sink, one toilet, and one indoor shower, with all fixtures connected to a sanitary system in a conforming location. The building shall not contain a kitchen, cooking facilities, or sleeping accommodations. The building may be air-conditioned but shall have no heat. The distance from the nearest edge of the pool to the nearest edge of the pool house or cabana shall not exceed 25 feet for properties under 60,000 square feet or 50 feet for properties of 60,000 square feet or larger.
B. 
No living quarters shall be permitted in an accessory building.
C. 
An accessory building on that portion of a lot not included in any required yard shall not exceed 15 feet in height, with the exception of a detached garage which shall not exceed 20 feet in height.
D. 
No accessory building shall project nearer to the street on which the principal building fronts than such principal building. In appropriate cases where properties are bounded by Shelter Island Sound or any natural bodies of water, the Board of Appeals may vary this provision, provided that no accessory building may be located within a required front yard.
E. 
Any provision foregoing to the contrary notwithstanding, the term "accessory buildings" shall include any structure upon or within which public utility equipment, including by way of illustration, not limitation, electric junction boxes and meters, is located or affixed except that any said structure may be located in any required yard, provided that said structure is approved by the Board of Architectural Review and Historic Preservation after said Board finds that the location, design and features of said structure neither detract from nor render unsightly the appearance of the premises at which said structure is proposed or any adjacent premises.
A. 
At all street intersections in all residence districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
B. 
On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards. The minimum district requirements for each shall be complied with.
[Amended 2-19-2025 by L.L. No. 2-2025]
A. 
Permitted projections.
(1) 
Cornices, eaves or cantilevered roofs may project not more than two feet into a required yard.
(2) 
Belt courses, window sills and other ornamental features may project not more than six inches into a required yard.
(3) 
Fences or walls with a height in excess of four feet shall conform to the requirements set forth herein for buildings.
(4) 
Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.
B. 
A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from the requirements of this article when the building otherwise complies with the regulations of this article. In computing the average setback, the presence of such entries and porticos shall be ignored.
C. 
Exterior cellar entrances, commonly known as "bilco doors," and lattice-enclosed fireproof fire escapes, window wells or stairways shall not encroach more than four feet into the required principal building setback.
D. 
Exterior cellar entrances, commonly known as "bilco doors," must comply with all required setbacks if utilized in conjunction with any accessory building or structure.
A. 
Any lot having a width of not less than 100 feet which does not conform to the minimum lot area, width or depth limitations of §§ 163-12 through 163-21 of this chapter may be used for the erection on such lot of a one-family residence which, as so erected, complies with all of the other provisions of this chapter, provided that such lot either:
[Amended 4-18-1983 by L.L. No. 3-1983]
(1) 
Was individually and separately owned on June 13, 1961, was not at any time on or after June 13, 1961, reduced in area, width or depth and did not at any time on or after June 13, 1961, adjoin another parcel of land owned or controlled by the owner of such lot;
(2) 
Existed as a lot, duly filed and recorded in the office of the Clerk of Suffolk County on or before September 18, 1966, was not at any time on or after September 18, 1966, reduced in area, width or depth and complies with the applicable provisions of the Zoning Ordinance of the Village of North Haven with respect to minimum lot area, width and depth, which were in effect between June 13, 1961, and September 18, 1966; or
(3) 
Existed in a subdivision, duly approved by the Planning Board and filed in the offices of the Clerks of the Village of North Haven and Suffolk County on or before September 18, 1966, and which of itself, or combined with others, forms a recorded lot within the meaning of this chapter, complying in all respects with the provisions of the Zoning Ordinance in effect between June 13, 1961, and September 18, 1966.
B. 
It is the intent of § 163-35 to permit the use for a one-family residence of any recorded lot or lots which would have qualified for such use under the provisions of the Zoning Ordinance in effect from June 13, 1961, to September 18, 1966. Therefore, the Zoning Board of Appeals may vary the provision of § 163-35A above to the extent necessary to permit compliance with the intent of this section.
[Added 4-18-1983 by L.L. No. 3-1983]
C. 
Attention is called to the provisions of Chapter 55, Building Construction and Fire Prevention, § 55-4, relative to applications for building permits.
[Added 3-1-1982 by L.L. No. 3-1982; amended 1-4-2007 by L.L. No. 2-2007]
[Amended 2-3-1976 by L.L. No. 1-1976]
The minimum side yard and rear yard requirements for any lot described in §§ 163-35 and 163-36 are hereby reduced as follows:
A. 
The total minimum dimensions of both side yards for a principal building and accessory building shall be computed on the basis of 0.4 of the lot width; however, no dimension for any one side yard of a principal and accessory building shall be less than 10 feet.
B. 
The total minimum rear yard dimension for a principal and accessory building shall be computed on the basis of 0.4 of the lot width; however, no dimension for the rear yard of a principal building shall be less than 25 feet or, for an accessory building, less than 15 feet.[1]
[Amended 8-4-1986 by L.L. No. 7-1986]
[1]
Editor's Note: Original §§ 5.2, 5.3, 5.4 and 5.5 which followed this section, were removed 8-4-1986 by L.L. 7-1986 and included in the Code as follows: § 5.2 as Ch. 137, Signs; § 5.3 as Ch. 74, Fences, Walls and Berms; § 5.4 as Ch. 128, Poles, Towers and Antennas; § 5.5 as Ch. 47, Assemblies, Mass.
[Added 1-5-2006 by L.L. No. 1-2006]
Any passageway used to connect parts of a residence or accessory structure shall in no event exceed a length of 15 feet or constitute a design feature in more that one location on any one residential parcel and shall in no event enable a construction of § 163-31D which converts or changes an accessory structure to be part of the principal structure, it being required that any accessory building shall not project nearer to the street on which the principal building fronts than the principal building whether or not the accessory building and principal building are connected by an underground passageway, except as is otherwise expressly provided in § 163-31D where properties are bounded by Shelter Island Sound or any natural bodies of water.
[Added 12-21-2022 by L.L. No. 9-2022]
A. 
Purpose. The following provisions are intended to regulate exterior lighting throughout the Village to promote public safety on the Village's roads and highways, protect landowners from the intrusive effects of glare and light trespass, preserve the rural character of the Village, and maintain and restore the beauty of the night sky. Excessive, unshielded, and poorly directed exterior lighting has many adverse effects. It detracts from the rural qualities of North Haven and makes the Village appear increasingly suburban and overdeveloped. Glare associated with such lighting is dangerous for drivers and pedestrians on the Village's roads at night. Furthermore, such lighting interferes with the privacy of residents, wastes energy resources, and creates skyglow, which makes the night sky less visible and diminishes the natural nocturnal environment for flora and fauna. The regulations set forth in this section take proper account of the legitimate uses of exterior lighting while providing guidance and direction for property owners.
B. 
Lighting standards. Outdoor lighting shall be designed, installed, and maintained to minimize glare and light trespass across property lines and into roadways (whether public or private) and waterways.
(1) 
All outdoor lighting fixtures shall be fully shielded and dark sky compliant and directed downward. (See Appendix A.[2])
[2]
Editor's Note: The Outdoor Lighting Appendixes are included as an attachment to this chapter.
(2) 
No light source shall be visible beyond the boundary of the property on which it is located, including from a body of water or roadway.
(3) 
Lighting shall not project or illuminate on any street (public or private), thoroughfare or waterway.
(4) 
Uplighting of any trees and landscape features is limited to 450 lumens per light fixture, shall be shielded and must be extinguished by 11:00 p.m.
(5) 
The following types of light sources are prohibited:
(a) 
Mercury vapor;
(b) 
Neon, unless legally preexisting;
(c) 
Laser;
(d) 
Any light source with a color temperature greater than 2,700 Kelvin;
(e) 
Flashing, colored, or tracing lights;
(f) 
Lighting which outlines a structure;
(g) 
Metal halide.
(6) 
Residential landscape lighting shall not be controlled by dusk-to-dawn sensor(s) unless such lighting illuminates a walkway or pathway. Landscape lighting as well as any lighting in and around swimming pools or ponds shall be extinguished no later than 11:00 p.m. Compliant lighting used to illuminate walkways and paths shall be excluded from the 11:00 p.m. curfew. All landscape light fixtures shall shine downward and not exceed 450 lumens.
(7) 
Upon relamping (i.e., changing the light fixture/source), the maximum lumens per doorway on a structure for unshielded residential lighting shall not exceed 450 lumens, regardless of the number of light sources or fixtures.
(8) 
Upon relamping of any unshielded, nonessential fixture, including foliage lighting and stanchion light fixtures, the light source shall not exceed 450 lumens per fixture.
(9) 
Motion-activated lights and sensors shall be aimed and adjusted such that lights are only triggered by motion on the subject property and are dark sky compliant. Motion-activated lights shall be programed so that they extinguish within 15 minutes or less. Motion-operated lighting is still subject to general shielding requirements as stated above and when triggered shall not trespass into neighboring properties. In no way shall the installation angle allow the source to be visible beyond the boundary of the property on which it is located. (See Appendix B.[3])
[3]
Editor's Note: The Outdoor Lighting Appendixes are included as an attachment to this chapter.
(10) 
Private streetlighting, such as in homeowners' associations, shall be fully shielded and aimed downward, shall not exceed 450 lumens per light fixture and shall not exceed 2,200 Kelvin. Private streetlighting shall be excluded from the 11:00 p.m. curfew.
C. 
Compliance with standards required.
(1) 
No person, firm or corporation, or its agent or employee, shall install, operate, or maintain on private property in the Village any outdoor light, lamp or other artificial illumination that is not in compliance with § 163-36.2.
(2) 
All lighting on new construction for which a building permit is issued after the effective date of this section shall comply with the standards set forth in § 163-36.2. Building permit applications for exterior lighting shall include a drawing, photograph, or manufacturer's cut sheet, along with the installation mounting height from grade for each lighting fixture(s), lumen output and Kelvin.
D. 
Exterior lighting on docks. Dock lighting is prohibited as per § 56-3.
E. 
Exceptions. The following types of outdoor lighting are exempt from the foregoing provisions.
(1) 
Up to three outdoor lighting fixtures (commonly referred to as "porch lights," not flood or security lights) attached to the main dwelling/building per lot are exempt from shielding requirements, provided that such exempt fixtures have a total light output of 450 lumens or less, regardless of the number of light sources.
(2) 
Outdoor string market lighting shall not exceed 200 lumens per light source and shall not exceed 2,200 Kelvin.
(3) 
Holiday lights shall be permitted during the traditional holiday periods, shall be removed within a reasonable time frame and shall be extinguished by 11:00 p.m.
(4) 
Lighting that the Village Board has expressly allowed in connection with a special event.
(5) 
Flag uplighting is permitted that has a fixture as close to the pole as possible and has a light source that emits a narrow beam of light that does not exceed 450 lumens. The light source must be dark sky compliant and aimed directly at the flag. The light source shall not be visible across the property line or from public or private roadways and water bodies.
(6) 
U.S. Coast Guard approved maritime navigational lighting and all temporary emergency lighting needed by fire, ambulance, or police departments, or other emergency services, or lighting used in municipal road construction, emergency repair or maintenance of public infrastructure.
(7) 
Public streetlighting, provided fully shielded replacements are not available in a similar design, and shall not exceed 2,200 Kelvin.
(8) 
All essential lighting for municipal emergency facilities.
F. 
Time frame for compliance. The residential provisions shall become effective no more than 12 months from the date this section is adopted, unless otherwise specified. In order to further the public health, safety, and welfare, and to provide lighting consistency throughout the Village, the following sunset provisions shall be implemented to phase out legally preexisting and nonconforming lighting.
(1) 
Upon repair, replacement, or relocation of any exterior lighting, such lighting shall conform to the standards provided herein.
(2) 
Lighting mounted on a utility pole that is intended to illuminate private property, and that does not meet the shielding, light trespass, and shutoff provisions herein, shall be removed at once, including the pole itself if its use is dedicated to mount such light fixture.
(3) 
Uplighting of trees and other landscape features, landscape lighting and lighting of swimming pools and ponds, as well as any motion-activated lighting, must immediately comply with this Code section.
G. 
Penalties for offenses.
(1) 
Any person committing an offense against any provision of this section shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this section shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
(2) 
The owner, general agent or contractor of a building, structure, lot or part thereof where such violation has been committed or does exist shall be guilty of such an offense.
(3) 
Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in or refuses to abate or correct any such violation shall also be guilty of such violation.
(4) 
The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceeding to prevent, restrain, or correct or abate a violation of this section, or to seek appropriate civil penalties, including fines and monetary damages.
[1]
Editor's Note: Former § 163-36.2, Wireless communications towers, added 5-3-2011 by L.L. No. 1-2011, was repealed 7-5-2011 by L.L. No. 3-2011.
[Added 8-20-2025 by L.L. No. 11-2025]
A. 
Rooftop-mounted solar collectors/panels are permitted in all zoning districts in the Village and shall not be installed on portions of a roof which are visible from an abutting street, unless approved by the Board of Architectural Review (BAR). Building permits are required, which shall be issued only after the completion of a review and approval of the plans, specifications and application by the Board of Architectural Review (BAR).
B. 
Ground-mounted and freestanding solar collectors are not permitted as accessory structures.
[Added 8-20-2025 by L.L. No. 11-2025]
Review by the Board of Architectural Review (BAR) shall include the review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. The following requirements shall also be adhered to:
A. 
As much as possible, all panels, tiles, or slates are to appear alike and are to match the color of the roof to which they are attached or be the color black and shall not be visible from any street.
B. 
Any equipment proposed as part of any new building or alteration to a building shall be installed as integrated equipment and shall meet all height restrictions set forth in § 163-21 of this code.
C. 
On existing buildings with flat roofs where tilted frames are necessary to install primary equipment, such equipment shall not be visible from an abutting street or property. If necessary, the equipment shall be screened with appropriate material as approved by the BAR.
D. 
Primary equipment mounted to an approved accessory structure shall be considered part of that structure and is subject to all the requirements of accessory structures set forth herein. Such equipment is also subject to approval by the BAR.
E. 
All solar energy systems shall be designed, erected and installed to meet all applicable codes and standards. All solar collector installations must be performed by a qualified licensed and insured solar installer, and prior to operation the electrical connections must be inspected by the Village Building Inspector or his/her designee and any appropriate electrical inspection agency as determined by the Village. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
F. 
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the County of Suffolk, State of New York, Town of Southampton and other applicable laws and regulations.
G. 
Renovation, disassembly or removal of a solar energy system shall require a building permit.