This chapter shall be known and may be cited
as the "Village of Sagaponack Zoning Code."
This chapter is adopted for the purpose of promoting
the health, safety and general welfare of the Village and in furtherance
of the following related and more specific objectives:
A.
To guide and regulate the orderly growth, development
and redevelopment of the Village in accordance with the Comprehensive
Plan and with the more general long-range objectives, principles and
standards expressed in the Comprehensive Plan which are deemed beneficial
to the interests and welfare of the people of the Village.
B.
To protect the established character and the social
and economic well-being of both private and public property.
C.
To promote, in the public interest, the utilization
of land for the purposes for which it is most appropriate, including
the preservation of prime agricultural lands and natural areas.
D.
To conserve and protect the natural scenic beauty,
environment and historical resources of the Village and preserve a
healthful biological and chemical balance of the ecosystem and the
adjacent ocean, bays, estuaries and watercourses.
E.
To secure safety from fire, flood, storm and other
dangers; to provide adequate natural light, air and convenience of
access; and to prevent environmental pollution.
F.
To conserve and enhance the value of buildings and
land throughout the Village and to avoid undue concentration of population
therein.
G.
To provide for the cessation of preexisting nonconforming
uses
A.
Unless the context clearly indicates the contrary,
words used in the present tense include the future, the singular number
includes the plural, the plural includes the singular, and masculine
references include the feminine.
B.
The word "person" includes a corporation, company,
partnership or other entity or individual.
C.
The word "shall" is mandatory and not directory; the
word "may" is permissive.
D.
The word "lot" includes the word "plot" and the word
"land."
E.
The word "use" refers to any purpose for which a lot
or land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use and to any
purpose for which a building or other structure or part thereof is
arranged, intended or designed to be used, occupied, maintained, made
available or offered for use or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design of using the same.
F.
The word "used" refers to the actual fact that a lot,
building or other structure or part thereof is being employed for
a particular use.
G.
Unless otherwise indicated, references to articles
and sections are to articles and sections of this Zoning Code, and
references to subsections are to subsections of the section in which
the reference is made.
H.
Any reference to this chapter or to any other law,
ordinance or requirement shall be to the same as it may be amended
from time to time unless otherwise provided for.
As used in this chapter, the following terms
shall have the meanings indicated:
A building or other structure which is customarily located
on the same lot occupied by a main building or other structure and
is customarily incidental or subordinate to that main building or
structure. The term “accessory building” or “accessory
structure” may include, but is not limited to, a private garage,
shed, hot tub, spa, pool pump and heater, spa pump and heater, heating
and air-conditioning condenser, playhouse, swimming pool, tennis court,
pickleball courts, playing courts, and private greenhouse and terraces
under 12 inches off grade, none of which shall be designed and/or
constructed or used for sleeping or cooking.
[Amended 2-11-2008 by L.L. No. 4-2008; 5-18-2022 by L.L. No. 4-2022]
A use which is customarily located on the same lot occupied
by a main or principal use to which the lot is put and is clearly
incidental or subordinate to that principal use.
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the construction of new structures associated with agricultural
activities.
[Added 1-17-2012 by L.L. No. 1-2012]
A building or other structure which is used solely and directly
for agricultural or animal husbandry purposes and which is located
on the lot used for agriculture or animal husbandry but shall not
include buildings or other structures for food processing or wine
making.
The district referred to in Article II of this chapter.
The cultivation of the soil for food products and other useful
or valuable growths of the field, including temporary agricultural
greenhouses. The normal preparation of such products for market and
the incidental raising of small numbers of livestock and/or poultry
for personal consumption by the cultivator and cultivator's family
and employees shall be considered accessory uses, provided that they
are not a separate and distinct business.
A change or rearrangement of the structural parts or in the
exit facilities; or an enlargement, whether by extending on a side
or by increasing in height; or moving from one location or position
to another of a building or other structure. The term "alter" in its
various modes and tenses and its participial form refers to the making
of an alteration.
The raising of livestock, poultry, ducks, geese or fur- and
wool-bearing animals as a retail or wholesale business.
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 1-17-2012 by L.L. No. 1-2012]
The Board referred to in Article X of this chapter.
The base flood elevation as shown on the applicable Flood
Insurance Rate Map prepared by the Federal Emergency Management Agency
for the site where the building or other structure is located.
That portion of a building (habitable or uninhabitable) that
is partly below grade, but in no event extending more than three feet
above grade.
An owner-occupied building designed, used and occupied as
a single-family residence, managed by the property's owner, and having,
as an accessory use, bedroom accommodations and breakfast provisions,
served in the host's private dining room or kitchen, for those accommodated
as paying guests, who are referred to, for purposes of this chapter,
as "registered guests."
A room designed or primarily utilized as a bedroom.
A structure primarily of earth or earthen or similar materials
intended for security, enclosure or screening purposes.
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet and intended
for the shelter, housing or enclosure of persons, animals or chattels.
The area measured at the maximum horizontal cross section
of the main and accessory buildings on a lot, including the area of
all roofed porches, terraces, breezeways and similar features.
That percentage of lot area covered by the ground floor area
of all buildings sited thereon measured to the outside of the exterior
walls. Building coverage is computed by dividing the area of building
into lot area. See also "lot coverage, total."
[Added 12-17-2012 by L.L. No. 4-2012]
The person duly appointed to serve in such capacity by the
Village Board.
A structure intended to provide temporary shelter from weather
elements (wind, rain, snow and sun) as bus passengers await transport.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 1-17-2012 by L.L. No. 1-2012]
Any activity that removes the vegetative surface cover.
[Added 1-17-2012 by L.L. No. 1-2012]
The Comprehensive Plan as adopted by the Village Board.
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers and/or other independent
supports.
The deliberate appropriation of property by its owner for
general public use.
[Added 1-17-2012 by L.L. No. 1-2012]
The New York State Department of Environmental Conservation.
[Added 1-17-2012 by L.L. No. 1-2012]
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
[Added 1-17-2012 by L.L. No. 1-2012]
A person who undertakes land development activities.
[Added 1-17-2012 by L.L. No. 1-2012]
A right permitted to a lot under a zoning law respecting
a permissible use, area, density, bulk or height of improvements thereon.
The area of a parcel whether improved or in a natural condition
by which vehicles take access to said parcel. Any such area on a parcel
used exclusively for legitimate agriculture shall not be a driveway.
[Added 12-17-2012 by L.L. No. 4-2012]
A naturally occurring accumulation of sand in wind- or wave-formed
ridges or mounds landward of the beach, often characterized by the
natural growth of beach grass.
A one-family detached building conforming to all provisions
of this Zoning Code which is comprised of rooms with provisions for
cooking, living, sanitary and sleeping facilities designed exclusively
for residential use and arranged or intended to be occupied by one
individual household or family, whether owner-occupied or utilized
as a rental.
September 10, 2007.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
[Added 1-17-2012 by L.L. No. 1-2012]
Any number of persons occupying a dwelling,
who are related by blood, marriage or legal adoption, living together
as a single housekeeping unit.
Up to five individuals occupying a single dwelling
living together as a single housekeeping unit whether or not related
by blood, marriage or legal adoption. A group of persons whose association
or relationship is transient or seasonal in nature, rather than of
a permanent and domestic character, shall not be considered a family.
In making a determination under Subsection C of this definition, the ZBA shall find that:
The group is one which in nature, size, appearance
and structure resembles a traditional family unit.
The group is one which will live together as
a single housekeeping unit.
The group is of a permanent nature and is neither
a framework for transient or seasonal living nor merely an association
or relationship which is transient or seasonal in nature. Nothing
herein shall preclude the seasonal use of a dwelling by a group which
otherwise meets the standards of this subsection as its permanent
residence.
In no case shall a dwelling have overnight occupants
exceeding two persons per bedroom.
All other requirements of this chapter regarding
the use and occupancy of dwelling units shall be complied with.
Any determination under Subsection D shall be limited to the status of a particular group as a family and shall not be interpreted as authorizing any other use, occupancy or activity.
Persons occupying group quarters, such as a
dormitory, fraternity or sorority house or a seminary, shall not be
considered a family.
A structure more than one foot high designed to either define
the boundary of, or limit access to, a lot or a portion thereof but
which does not substantially screen such area from view. No wall shall
be deemed to also be a fence.
A term used in floodplain regulations that gives an extra
margin of flood protection elevation above the established base flood
elevation for any given location in the floodplain.
A building used for the storage of one or more motor vehicles
and/or all types of farm machinery and conveyances owned and regularly
used by or on behalf of the owner or tenant of the lot on which it
is erected and only for a purpose accessory to the permitted use of
the lot.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 1-17-2012 by L.L. No. 1-2012]
A structure utilized for seed germination, plant propagation,
hardening-off or forcing or maintenance of a controlled climate to
sustain plant growth otherwise not possible in natural out-of-door
surroundings. The retail or wholesale sales of such products raised
therefrom on premises is permitted. The sale of live or fresh products
not raised or produced thereon shall not be permitted. The sale of
other products produced or otherwise prepared or manufactured off
premises shall also be prohibited.
An accessory building or other structure ancillary to a dwelling,
not exceeding 500 square feet in area, intended and used solely for
the private enjoyment of the residents of the dwelling.
A specialized agricultural equipment having a framework covered
with demountable polyurethane materials or materials of polyurethane
nature and lacking a permanent and continuous foundation, which is
specifically designed, constructed and used for the culture and propagation
of horticultural commodities.
A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable space.
For buildings and structures in any AE or VE
Zone as shown on the applicable Flood Insurance Rate Map (FIRM) prepared
by the Federal Emergency Management Agency for the Village, the vertical
distance measured from the base flood elevation at and along the side
of the building or other structures fronting on the nearest street
to the highest point of the highest roof or, in the case of any other
structure, to the highest point.
[Amended 1-14-2008 by L.L. No. 2-2008]
In all other cases, the vertical distance measured
from the average elevation of the existing natural grade (before any
fill has been or is proposed to be placed thereon), as established
on a plan prepared by a licensed professional surveyor, at and along
the side of the building or structure fronting on the nearest street
to the highest point of the highest roof or, in the case of a structure,
to the highest point. Where the height is different measured from
the fronting side and measured from the nearest street, the lower
dimension shall prevail and no part of the roof shall exceed said
lower dimension on any side.
Any gainful occupation customarily conducted within a dwelling
by any of the residents thereof that is clearly secondary to the residential
use and that does not change the character of the structure or lot
as a residence. A home occupation shall not occupy more than 1/3 of
the ground floor area of the dwelling or its equivalent elsewhere
in the dwelling if so used, and further provided that there shall
be no external evidence thereof other than an announcement sign, and
in no event shall a home occupation employ any equipment used in connection
with said occupation which is capable of emanating noise outside the
structure. Home occupations shall not be construed to include such
use as a clinic or hospital, barbershop or beauty parlor, restaurant,
breeding kennel or antique dealer.
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the state to practice a healing art, lawyer,
architect, artist, real estate broker or salesman, insurance broker,
insurance agent or teacher, as herein restricted, provided that not
more than two persons who are not members of the family are employed
by or are associated with said activity. Each lot may only have one
such home professional office use. If more than one home professional
office is requested on a single lot, such offices may exist only if
a use variance for each such office is approved by the ZBA. Such home
professional office may either be in the principal building, provided
that the office shall not occupy more than 1/2 of the area of one
floor of said building, or, in the case of an accessory structure
which is clearly incidental and secondary to the residential building,
said office or studio shall not occupy more than the equivalent of
1/2 of the minimum first-floor area of the principal dwelling. There
shall be no external evidence other than an announcement sign, and
in no event shall there be any equipment within the office which is
capable of emanating noise outside the structure. A home professional
office shall not include the office of any person engaged therein
in the purchase or sale of economic goods. For the purposes of this
definition, a teacher shall be restricted to a person giving individual
instruction in academic or scientific subjects to a single pupil at
one time. Dancing instruction, musical instrument or voice instruction,
tearooms, tourist homes, beauty parlors, barbershops, hairdressing
and manicuring establishments, convalescent homes, mortuary establishments
and stores, trades or businesses of any kind shall not be deemed to
be home professional offices. The home professional office of a physician
shall not include a biological or other medical testing laboratory.
A land use, including buildings and accessory structures,
designed and used for the boarding, breeding, raising, training or
stabling of four or more horses as either a commercial or noncommercial
enterprise.
[Amended 10-15-2007 by L.L. No. 29-2007]
A building or group of buildings, whether detached or in
connected units, containing individual guest units providing sanitary
and sleeping facilities for tourists and visitors on a transient basis.
Any number of persons, related or unrelated, legally occupying
a dwelling, not to exceed the maximum occupancy requirements permitted
by this chapter.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
[Added 1-17-2012 by L.L. No. 1-2012]
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
[Added 1-17-2012 by L.L. No. 1-2012]
The process of percolating stormwater into the subsoil.
[Added 1-17-2012 by L.L. No. 1-2012]
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Added 1-17-2012 by L.L. No. 1-2012]
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
[Added 1-17-2012 by L.L. No. 1-2012]
A building or other structure having a quality of significance
in history, architecture, archaeology and culture as may be found
in a district, site, building, structure or object of federal, state
or local importance that possesses integrity of location, design,
setting, materials, workmanship, feeling and/or association or is
associated with an event that has made a significant historical contribution;
or that is associated with the life of a significant person; or that
embodies the distinctive characteristics of a type, period or method
of construction; or that represents the work of renowned architect
or craftsman; or that possesses high artistic value; or that represents
a significant or distinguishable entity whose components may lack
individual distinction; or that has yielded or may be likely to yield
information on prehistory or history. Furthermore, in order to constitute
an historical or cultural landmark within the meaning of this chapter,
the authenticity of the landmark must be acknowledged by the AHRB
and Planning Board[1] and such other expert or experts as may be designated
for this purpose by the Village Board.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
[Added 1-17-2012 by L.L. No. 1-2012]
A parcel of land occupied or capable of being occupied by one or more principal buildings and accessory buildings or uses in accordance with the provisions of this chapter, excluding such open spaces as are required by this chapter or preserved under easement unless such open space exceeds the percentage under § 245-12 and/or unless the land preserved under easement is preserved as a burden voluntarily imposed by a landowner independently of any governmental process or benefit, not a required incident of a regulatory process or a sale of development rights or restricted for a consideration.
[Amended 1-14-2008 by L.L. No. 1-2008; 8-17-2020 by L.L. No. 3-2020]
The total horizontal area of a lot exclusive of land in the
bed of any street or right-of-way or waterway and exclusive of the
flagpole portion of any flag lot.
[Amended 12-17-2012 by L.L. No. 4-2012]
A lot at the junction of and fronting on two or more intersecting
streets having an interior angle of less than 135° at their intersection.
A lot abutting upon a curved street shall also be considered a corner
lot if the tangents to the curve at the points of intersection of
the side lot lines intersect at an interior angle of less than 135°.
There shall be only one rear lot line. The rear
lot line shall be the lot line opposite the shorter front lot line
(exclusive of the corner arc). If the front lot lines are the same
length, the Building Inspector shall determine the rear lot line.
The rear yard shall be the space on the same
lot with a building situated between the nearest roofed portion of
the principal building or buildings and the rear lot line of the lot
and extending from side lot line to the required front yard of the
longer front line.
The portion of the lot area covered by any buildings and/or
other structures, excluding fences and walls.
[Amended 10-15-2007 by L.L. No. 27-2007; 12-17-2012 by L.L. No. 4-2012]
That percentage of lot area covered by the ground floor area
of all buildings sited thereon and by all other structures, including
parking areas, driveways (excepting the flagpole portion of a flag
lot) and all impermeable surfaces.
[Added 12-17-2012 by L.L. No. 4-2012]
The length of the shortest line which can be drawn from the
front lot line to the rear lot line which crosses the portion of the
lot on which a building can be located.
A lot having road frontage less than 40 feet at the street
line, and where access is provided by means of a narrow strip of land
running from the street to the bulk of the lot.
A lot other than a corner lot.
The street right-of-way line at the front of a lot, except
that:
In the case of a flagpole lot, the front lot
line used for the determination of width of lot and the required front
yard, which front lot line shall be one of the internal lot lines
designated by the owner.
In the case of a waterfront lot, with the exception
of an oceanfront lot:
The waterfront lot line shall be considered
the front lot line. The line opposite the front lot line shall be
considered the rear lot line.
When a lot is formed by a waterfront lot line
and a street right-of-way line intersecting, as in this section, the
lot shall be considered a corner lot.
When a rear lot line is a street right-of-way
line, the required rear yard for an accessory building or other structure
shall be double the required rear yard in the applicable zone.
The lot line opposite the front lot line. In the case of
a waterfront lot line, the line opposite the waterfront shall be considered
the rear lot line.
Any lot line other than a rear lot line or a front lot line.
A lot extending from one street frontage through to another
street frontage or to a municipal off-street parking lot frontage.
The dimension of a lot measured from side lot line to side
lot line along a line perpendicular to the average depth line of the
lot at or beyond the required minimum front yard depth which is to
be the location of the front line of the principal building and is
commonly called the "building setback line," provided that rear yard
requirements are met.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 1-17-2012 by L.L. No. 1-2012]
An intermediate level or levels between the floor and ceiling
of any story with an aggregate floor area of not more than 1/3 of
the area of the room or space in which the level or levels are located.
A movable dwelling originally equipped with or having a vehicular
chassis, whether or not provided with all of the following mechanical
systems and equipment: plumbing, heating, electrical, cooking and
refrigeration.
A building or other structure lawfully existing at the effective
date of this chapter, or any amendment thereto affecting such building
or structure, which does not conform to the dimensional regulations
of this chapter for the district in which it is situated, irrespective
of the use to which such a building or other structure is put.
Any lot lawfully existing in single and separate ownership at the effective date of this chapter, or any amendment thereto affecting such lot, which does not conform to the dimensional regulations of this chapter for the district in which it is situated. Subject to § 245-53G, if such lot shall thereafter be held in the same ownership as an adjoining parcel, it shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the two parcels shall remain nonconforming in the same respect.
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the use regulations
of this chapter for the district in which it is situated.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, construction, subsurface
disposal and urban runoff sources.
[Added 1-17-2012 by L.L. No. 1-2012]
All land lying between the mean high-water level and the
crest of the most seaward dune. In cases where there is no dune present,
the ocean beach shall be all land lying between the mean high-water
mark and the naturally occurring beach grass or the upland vegetation
if no naturally occurring beach grass is present.
The Open Space Conservation and Park District referred to in Article II.
Includes active and passive public lands designated for park
purposes by the Village, town, County of Suffolk, state or United
States of America.
A specific use of a building or other structure, lot, or
part of any of the foregoing which this chapter provides for in a
particular district as a matter of right. Any use which is not listed
as a permitted, special exception or accessory use shall be considered
a prohibited use.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 1-17-2012 by L.L. No. 1-2012]
A structure wholly or partially outdoors constructed on the
ground consisting of a playing area of whatever composition used to
engage in the game of pickleball. A backstop, if constructed, consisting
of netting, fencing or similar material and designed to prevent the
passage of play balls shall also be part of a pickleball court all
of which shall not exceed overall dimensions of 30 feet by 60 feet.
[Added 5-18-2022 by L.L. No. 4-2022]
A subdivision of land for the purpose of a planned residential development based on an overall development plan approved by the Planning Board in accordance with provisions of Chapter 190 of the Village Code and the provisions of this chapter.
The Board referred to as such in Article IX. Provided that no separate Planning Board is created by the Village Board under Village Law § 7-718, Subdivision 1, or exists at any time, the Village Board shall be the Planning Board, and any reference herein to the Planning Board shall mean the Village Board.[2]
The out-of-doors raising of landscape or ornamental plants
for wholesale. No retail sale shall be permitted either as a principal
or accessory use.
Public lands designated for recreational or athletic purposes
by the Sagaponack School District, Village, town, County of Suffolk,
state or United States of America.
A structure, or part thereof, which is designed or used for
playing sports and consists of a playing surface. All associated netting,
fencing, backstops, decks, slabs, patios, pavilions, pergolas, open-walled
roofed structure and other improvements shall be considered part of
the playing court. Tennis courts, handball courts, racquetball courts,
volleyball courts, pickleball courts, basketball courts, ice rinks
and other similar facilities shall be deemed included in this definition.
A bocce court is not included.
[Added 12-17-2012 by L.L. No. 4-2012; amended 5-18-2022 by L.L. No. 4-2022]
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
[Added 1-17-2012 by L.L. No. 1-2012]
An accessory structure or a portion thereof customarily used
in conjunction with a swimming pool. Interior plumbing fixtures shall
be limited to sinks, water closet and indoor or outdoor shower. All
plumbing fixtures shall drain to a sanitary system in a conforming
location. The structure shall not contain a kitchen or cooking or
sleeping facilities.
The use of a residential lot to keep up to a maximum of three horses without any commercial and/or business activity, including but not limited to riding lessons, boarding and the leasing of horses. If the site of the facility is larger than 120,000 square feet but less than 400,000 square feet, upon approval by the Planning Board, an additional horse may be permitted for every 30,000 square feet in excess of 120,000 square feet, provided that the applicant is bound by the provisions of Subsections C, D, E and J of § 245-62 of this chapter.
[Added 10-15-2007 by L.L. No. 29-2007]
A use of a building or other structure, lot or part thereof
which is not a permitted, special exception or accessory use.
Land development activity.
[Added 1-17-2012 by L.L. No. 1-2012]
The replenishment of underground water reserves.
[Added 1-17-2012 by L.L. No. 1-2012]
A structure used to store household equipment (including
garden equipment, lawn furniture and bicycles) having a maximum gross
floor area of 120 square feet with a height not greater than 12 feet.
A residential storage shed shall have no external illumination.
Any establishment where horses are kept for riding or stabling
for competition or incidental to the operation of any horseback riding
club, association, ranch or similar establishment.
The visible land area outside the highway right-of-way and
sometimes referred to as "the view from the road."
Anything man-made or planted vegetation that obstructs the
view from the street.
Measures that prevent eroded sediment from leaving the site.
[Added 1-17-2012 by L.L. No. 1-2012]
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
[Added 1-17-2012 by L.L. No. 1-2012]
The distance which this chapter requires be maintained between
a property line, natural feature (including edge of wetlands, dunes
and bodies of water) or other described place or thing and the nearest
point thereto of any building or other structure or other named improvement.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Added 1-17-2012 by L.L. No. 1-2012]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
[Added 1-17-2012 by L.L. No. 1-2012]
The use of practices that prevent exposed soil from eroding.
[Added 1-17-2012 by L.L. No. 1-2012]
The State of New York.
An order issued which requires that all construction activity
on a site be stopped.
[Added 1-17-2012 by L.L. No. 1-2012]
Rainwater, surface runoff, snowmelt and drainage.
[Added 1-17-2012 by L.L. No. 1-2012]
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
[Added 1-17-2012 by L.L. No. 1-2012]
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
[Added 1-17-2012 by L.L. No. 1-2012]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 1-17-2012 by L.L. No. 1-2012]
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
[Added 1-17-2012 by L.L. No. 1-2012]
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
[Added 1-17-2012 by L.L. No. 1-2012]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 1-17-2012 by L.L. No. 1-2012]
Flow on the surface of the ground, resulting from precipitation.
[Added 1-17-2012 by L.L. No. 1-2012]
That portion of a building which is between one floor level
and the next higher floor level or the roof. If a mezzanine floor
area exceeds 1/3 of the area of the room or space immediately below,
it shall be deemed a story. A basement shall be deemed to be a story
when the finished floor immediately above is three feet or more above
the average elevation of the finished grade. An attic shall be deemed
to be a story where it meets the requirements for habitable space.
Any federal, state, county, town or Village highway, road
or street or any street located in whole or part in the Village shown
upon a subdivision plat filed in the Suffolk County Clerk's office
and any private road in the Village providing access to subdivided
land existing prior to the adoption of this chapter.
The line between a lot and a street right-of-way.
Anything constructed or erected on, under or over the ground
or upon a building or other structure or building, excluding walkways
and driveways, provided that anything constructed thereunder or thereover
shall not be excluded.
Any fish trap, gill net, holding net, oyster raft or similar
structure expressly used for the catching or temporary holding of
finfish or the raising of shellfish.
[Added 1-17-2012 by L.L. No. 1-2012]
Stony Brook Harbor, lakes, bays, the Long Island Sound, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries,
marshes, inlets or canals, within the territorial seas of the state
of New York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction.
Storm sewers and waste treatment systems, including treatment
ponds or lagoons which also meet the criteria of this definition,
are not waters of the state. This exclusion applies only to manmade
bodies of water which neither were originally created in waters of
the state (such as a disposal area in wetlands) nor resulted from
impoundment of waters of the state.
Any structure wholly or partially outdoors intended for swimming
or recreational bathing that contains water over 24 inches deep designed
or intended for the purpose of recreation, bathing or swimming and
all appurtenant equipment, including in-ground, aboveground and on-ground
swimming pools, hot tubs and spas.
A structure wholly or partially outdoors constructed on the
ground consisting of a playing area of whatever composition used to
engage in the game of tennis. A backstop, if constructed, consisting
of netting, fencing or similar material and designed to prevent the
passage of tennis balls shall also be part of a tennis court all of
which shall not exceed dimensions of 60 feet by 120 feet.
The upland area along the shore of the Atlantic Ocean and
bodies of water in the Village where flooding is anticipated during
a standard project design hurricane, including wind setup and wave
run-up factors, as set forth in this chapter and approximately as
determined by the Corps of Engineers in its Interim Hurricane Study,
Atlantic Coast of Long Island, New York, Jones Inlet to Montauk Point
(Remaining Areas), dated December 1965, and as set forth on the Flood
Insurance Rate Map relating to land in the Village prepared by the
Federal Emergency Management Agency, as may be amended from time to
time.
[Amended 1-14-2008 by L.L. No. 2-2008]
All those areas within the Village customarily inundated
regularly or intermittently by normal tidal cycles and/or peak lunar
tides, including salt marshes, which shall be presumed to be those
areas upon which some, but not necessarily all, of the following grow
or are capable of growing: salt hay (Spartina patens), spike-grass
(Distichlis spicata), black grass (Juncus gerardi), cordgrass (Spartina
alterniflora), saltworts (Salicornia species), sea lavender (Limonium
carolinanus), salt-marsh bulrushes (Scripus species), sand spurrey
(Spergularia marina), high tide bush (Baccharis halimifolia), marsh-elder
(Iva frutescens), cattails (Typha species) and spike rush (Eleocharis
rostellata).
The Town of Southampton.
The Town Board of the Town of Southampton.
Trustees of the Freeholders and Commonality of the Town of
Southampton.
An individual who is not an owner or a permitted tenant of
a dwelling in the Village.
An exception to a requirement of this chapter granted by
the ZBA.
Any motor vehicle as defined by § 125 of the State
Vehicle and Traffic Law.
The Village of Sagaponack.
The Board of Trustees of the Village.
All of the laws of the Village, including this Zoning Code.
A solid structure greater than one foot high made of wood,
stone or some other material or combination thereof intended for defense,
security, screening, limitation of access, enclosure or for the retention
of earth, stone, water, fill or other materials, including all manner
of retaining walls and bulkheads. A fence greater than four feet in
height of any design or a stockade or other similar fence which is
opaque or essentially opaque to light, air or flowing surface water
shall be deemed to be a wall.
[Amended 1-14-2008 by L.L. No. 2-2008]
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 1-17-2012 by L.L. No. 1-2012]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 1-17-2012 by L.L. No. 1-2012]
An accessory structure designed and constructed or erected
for the purpose of converting wind energy into mechanical or electrical
power.
Subject to § 245-41, an open space on the same lot with a building, situated between the nearest roofed portion of the principal building on, and the front lot line of, the lot and extending from side lot line to side lot line in the case of interior lots. A corner lot shall have two such front yards situated between the nearest roofed portion of the principal building and the front lot line along each street on which the street fronts.
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the rear lot line of the lot and extending from side lot line
to side lot line.
A yard as required by this chapter or as may be legally existing
on the effective date of this chapter.
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the side lot line of the lot and extending through from the front
yard or from the front lot line, where no front yard exists, to the
rear yard or to the rear lot line where no rear yard exists.
The Board referred to as such in Article XI.
This chapter, as amended.
The official map adopted by the Village Board.
