Article IV Use Regulations

Residence for one family.

Fairground or carnival, provided that a permit is first obtained from the Board of Zoning Appeals.

Accessory use.

Municipal park, playground or recreation area.

Residence B District.

Residence for one family.

Accessory use.

Municipal park, playground or recreation area.

Residence C District.

Residence for one family.

Accessory use.

Municipal park, playground or recreation area.

Residence D District.

Residence for one family.

Accessory use.

Municipal park, playground or recreation area.

Governmental function of the Village of Northport.

(Reserved)[1]

§ 306-10.1 Use of residence for one family.

Editor's Note: Former Subsection E, Residence E District, was repealed 3-5-2002 by L.L. No. 5-2002.

Certain residence, business and industrial districts. Residence for two or more families in an existing residential structure and for an increase in the number of families in an already converted existing residential structure in Residence C and D Districts and business and industrial districts, provided that a permit for such use is first obtained pursuant to the provisions of § 306-39B.

[Amended 3-5-2002 by L.L. No. 5-2002; 8-17-2004 by L.L. No. 6-2004]

[Added 7-17-2001 by L.L. No. 8-2001]

A residence for one family shall only be utilized by a family for residential purposes, except as may otherwise be permitted by this chapter.

The use of a residence for one family for daily or weekly occupancy is hereby declared to be a transient occupancy and is prohibited.

The use of a residence for one family for occupancy at any time by more than one family or the rental or use or occupancy by any person or persons of less than the entire residence is prohibited.

§ 306-11 Central Business A District.

Permitted uses. In the Central Business A District, lands shall be used and buildings shall be erected, altered, used or occupied only for the following purposes:

[Amended 5-6-1980 by L.L. No. 3-1980; 7-6-1999 by L.L. No. 10-1999]

A dwelling lawfully existing prior to the adoption of this chapter.

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

Public library; public or private nonprofit museum.

Fire station, municipal office or any governmental building of similar character.

Nonprofit, philanthropic, fraternal, social or educational institutional office or meeting room.

Municipal park, playground or recreational area when operated by the Incorporated Village of Northport or approved pursuant to Chapter 228, Recreational Facilities, Article I, Planning of Construction, of the Code of the Incorporated Village of Northport.

Sale at retail of merchandise for individual, home or business consumption, use or enjoyment, such as foodstuffs, beverages, wearing apparel, household supplies, antiques, furnishings and appliances, hardware, drugs, tobacco, books and other publications, bric-a-brac, toys, jewelry and flowers, provided that the foregoing uses are conducted entirely within the principal building.

Bank or financial institution.

Personal service shop, such as barbershop, beauty parlor, dry-cleaning or laundry service, shoe repair, tailor, photographer (including professional studio), mortician or travel agency, but not including massage parlors.

Office for business; utility and professional offices for engineers, land surveyors, physicians, dentists, attorneys, architects and other professions duly licensed by the State of New York.

(11)

Tavern or bar, not including a nightclub or other such entertainment establishment, provided that no such use shall be established on or after May 7, 1980, if the proposed use is located within a radius of 300 feet from all property lines of another tavern or bar or within said radius of 300 feet from all property lines of any use permitted by Subsection A(12).

(12)

Restaurants for on-premises food consumption, not including drive-in, open-front or curb service, other than any use permitted by § 306-39(B)(2)(g), provided that no such use shall be established on or after May 7, 1980, if the proposed use is located within a radius of 300 feet from all property lines of another restaurant or within a radius of 300 feet from all property lines of any use permitted by § 306-11A(11).

(13)

Place of business of upholsterer and decorator.

(14)

Movie theater, not including a drive-in movie theater.

(15)

Theater for live productions, provided that there is seating for a minimum of 300 persons.

[Added 7-12-2005 by L.L. No. 7-2005]

(16)

Hotel/inn.

[Added 8-22-2017 by L.L. No. 2-2017]

Prohibited uses. In the Central Business A District, no land shall be used and no building shall be erected, altered or used for any purpose whatsoever if such use is not listed in Subsection A above. Additionally, no use listed in Subsection A above shall be permitted if such use:

Is injurious, offensive or obnoxious to the neighborhood by reason of traffic, noise, vibration, smoke, cinders or ash, gas, odor, fumes, dust, chemicals or other objectionable feature.

Is dangerous to the neighborhood by reason of the risk of fire, explosion or any other cause of physical damage.

Involves the open storage of piles of materials.

§ 306-12 Neighborhood Business District.

Involves the storage of fuel oil, gasoline or other flammable materials in quantities in excess of 1,000 gallons.

[Amended 1-2-1985 by L.L. No. 1-1985]

[Amended 1-2-1985 by L.L. No. 1-1985; 11-6-2002 by L.L. No. 16-2002]

Permitted uses. In the Neighborhood Business District, lands shall be used and buildings shall be erected, altered or used only for the following purposes:

Any use permitted in the Central Business A District, except those uses listed as permitted uses in § 306-11A(4), (11) and (12); provided, however, that a conditional use permit for limited on-premises consumption of food and beverages in the Neighborhood Business District may be granted by the Board of Zoning Appeals, as follows:

The underlying use is engaged in the sale at retail of foodstuffs and beverages since March 1, 1995.

The eating establishment shall not be more than 2,000 square feet.

(c)

The on-premises consumption of food and beverages shall be limited to service at up to 12 seats.

(d)

Once granted, the applicant must commence the use within 120 days of the date of issuance of the permit. The permit shall expire and be of no further force and effect in the event that the underlying sale at retail of the foodstuffs and beverages ceases to exist.

(e)

Any permit granted hereunder shall expire on the date two years next following issuance unless renewed by the Board of Zoning Appeals prior to the date of expiration.

(f)

In granting any permit hereunder, the Board of Zoning Appeals shall expressly determine whether sufficient municipal, off-street and/or on-street parking exists to accommodate the conditional use.

(g)

Any permit granted hereunder shall provide that the consumption of alcoholic beverages on the premises shall be prohibited.

[Added 1-21-2003 by L.L. No. 1-2003]

Any use permitted in a Residence D District, provided that any permits required for such use in said Residence D District are first obtained.

Prohibited uses. In the Neighborhood Business District, no lands shall be used and no building shall be erected, altered or used for any other purpose whatsoever if such use is not permitted by Subsection A hereof. Additionally, no use permitted by Subsection A shall be permitted if such use:

Is injurious, offensive or obnoxious to the neighborhood by reason of traffic, noise, vibration, smoke, cinders or ash, gas, odor, fumes, dust, chemicals or other objectionable feature.

Is dangerous to the neighborhood by reason of risk of fire, explosion or any other cause of physical damage.

Involves the open storage of piles of materials.

Involves the storage of fuel oil, gasoline or other flammable materials in quantities in excess of 1,000 gallons.

§ 306-13 Highway Business District.

Permitted uses. In the Highway Business District, lands shall be used and buildings shall be erected, altered and used only for the following purposes:

Any use permitted in the Central Business A District, § 306-11.

Place of business of a tradesman, such as a builder, cabinetmaker, carpenter, contractor, painter, electrician, mason, plumber, plasterer, printer, roofer or tinsmith.

Motor vehicle salesroom.

Business or public garage, automobile service or filling station, automobile repair shop or automobile body shop, provided that a permit is first obtained from the Board of Zoning Appeals under the provisions of § 306-39B hereof.

Wholesale business, including lumber and other building products for retail and wholesale, provided that a permit is first obtained from the Board of Zoning Appeals pursuant to § 306-39B hereof.

Storage or warehousing of materials, provided that a permit has first been obtained from the Board of Zoning Appeals pursuant to § 306-39B hereof.

Light industry of a type and nature approved by and subject to conditions required by the Board of Zoning Appeals and for which a permit has been issued pursuant to § 306-39B.

Boat sales, marine sales, boat rental and boat repairs, provided that a permit has first been obtained from the Board of Zoning Appeals pursuant to § 306-39B(1) hereof.

Place of entertainment, such as an indoor motion-picture theater, bowling alley, roller- or ice-skating rink, but not including nightclubs or dance halls, provided that a permit is first obtained from the Board of Zoning Appeals pursuant to § 306-39B(1) hereof.

Applications for the establishment of drive-through facilities shall require a special use permit to be issued pursuant to conditions set forth in § 306-39 of the Village Code and shall be referred to the Planning Board for review. Drive-through facilities, which may include a restaurant, shall be permitted only in the Highway Business District where the property is fronting on a state roadway on a parcel of land of at least 1/2 acre in size and which is not adjoining to a residentially zoned or used property, upon a finding by the Planning Board that the general standards for the issuance of a special use permit as set forth in Village Code § 306-39B(1)(b) have been met.

[Added 6-1-2021 by L.L. No. 3-2021]

Prohibited uses. In the Highway Business District, no lands shall be used and no buildings shall be erected, altered or used for any purpose whatsoever if such use is not permitted by Subsection A hereof. Additionally, no use permitted by Subsection A shall be permitted if such use:

Is injurious, offensive or obnoxious to the neighborhood by reason of traffic, noise, vibration, smoke, cinders or ash, gas, odor, fumes, dust, chemicals or other objectionable feature.

Is dangerous to the neighborhood by reason of the risk of fire, explosion or any other cause of physical damage.

Involves the open storage of piles of materials.

Involves the storage of fuel oil, gasoline or other flammable materials in quantities in excess of 1,000 gallons, unless a permit for the storage of fuel oil, gasoline and other flammable liquids in quantities in excess of 1,000 gallons has been obtained pursuant to § 306-39B of the Code of the Village of Northport.

[Amended 1-2-1985 by L.L. No. 1-1985]

Involves the installation and use of coin-operated dispensing devices of any self-service station for the dispensing of Class I flammable liquids; or involves in any way the dispensing of Class I flammable liquids by other than a service station employee; or involves the offer for sale of Class I and/or Class II flammable liquids during and between the hours of 12:01 a.m. and 6:00 a.m. (The terms "Class I flammable liquid" and "Class II flammable liquid" shall be the same as defined in the State Uniform Fire Prevention and Building Code of the State of New York.)

[Added 6-5-1984 by L.L. No. 5-1984]

§ 306-14 Marine Business District.

Permitted uses. In the Marine Business District, lands shall be used and buildings shall be erected, altered or used only for the following purposes:

[Amended 1-17-2012 by L.L. No. 1-2012]

Municipal park, playground or recreational area when operated by the Incorporated Village of Northport or approved pursuant to Chapter 228, Recreational Facilities, Article 1, Planning and Construction, of the Code of the Village of Northport.

Nonprofit beach club, the facilities of which may not be utilized for purposes other than club activities.

Nonprofit yacht club and marina, the facilities of which may not be utilized for purposes other than club activities.

Boatyard, including new and used boat sales and brokerage and marine sales, rental, repair and storage.

Marina for private profit.

Insurance sales, provided boat insurance is available; sale of marine parts and accessories, such as inflatable rafts, rowboats, outboard motors, boat and fishing equipment, water sports equipment, marine electronics and communication equipment, boat covers, marine hardware and boating accessories; boaters' clothing, footwear and swimwear; boat and marine engine repair and maintenance; seafood sales, wholesale and retail; food provisions store.

Food shops, retail stores offering merchandise for sale for individual, home or business use or enjoyment, such as wearing apparel, household supplies, antiques, furnishings or appliances, and as otherwise set forth in § 306-11A(7), Central Business A District.

Personal service shops, such as barbers, beauty parlors, photographers and as otherwise set forth in § 306-11A(9), Central Business A District.

Offices for business and professional offices for doctors, dentists, attorneys, physical therapists, engineers and other New York State duly licensed professionals.

Gyms, spas and fitness studios.

(11)

Such uses for which a special use permit has been granted by the Board of Zoning Appeals under § 306-39B(2)(g) of this chapter.

Prohibited uses. In the Marine Business District, no land shall be used and no buildings shall be erected, altered or used for any purpose whatsoever if such use is not permitted by Subsection A hereof. Additionally, no use permitted by Subsection A shall be permitted if such use:

Is injurious, offensive or obnoxious to the neighborhood by reason of traffic, noise, vibration, smoke, cinders or ash, gas, odor, fumes, dust chemicals or other objectionable feature.

Is dangerous to the neighborhood by reason of the risk of fire, explosion or any other cause of physical damage.

Involves the open storage of piles of materials.

Involves the storage of fuel oil, gasoline or other flammable materials in quantities in excess of 25,000 gallons.

Features outdoor music, including outdoor live or amplified music, except as the Zoning Board of Appeals may allow for special events pursuant to § 306-39B(2)(g). Note: This restriction is not intended to regulate music generated for the personal entertainment of boat owners and their guests while on board boats that are in the water, which sound is subject to regulation by the noise restrictions contained in the Village Code at § 200-1 et seq.

[Amended 1-17-2012 by L.L. No. 1-2012]

Is primarily a tavern or nightclub; a bar is permitted only if accessory to a restaurant use that has been granted a special use permit by the Board of Zoning Appeals pursuant to § 306-39B(2)(g) of this chapter.

[Added 1-17-2012 by L.L. No. 1-2012]

Is a floating restaurant.

[Added 1-17-2012 by L.L. No. 1-2012]

Is a ferry.

[Added 1-17-2012 by L.L. No. 1-2012]

Is a party boat.

[Added 1-17-2012 by L.L. No. 1-2012]

§ 306-15 Central Business B District.

Permitted uses. In the Central Business B District, lands shall be used and buildings shall be erected, altered or used only for the following purposes:

Single-family residence (the area requirements for a Residence D District shall be applied to this use).

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

Public library; public or private nonprofit museum.

Nonprofit, philanthropic, fraternal, social or educational institutional office or meeting room.

Municipal park, playground or recreational area when operated by the Incorporated Village of Northport.

Sale at retail of wearing apparel, antiques, tobacco, books and other publications, gifts, jewelry and flowers, provided that the foregoing uses are conducted entirely within the principal building.

Travel agency.

Photographer (including professional studio).

Office for business; professional offices for engineers, land surveyors, physicians, dentists, attorneys, architects and other professions duly licensed by the State of New York.

Place of business of upholsterer and decorator.

Prohibited uses. In the Central Business B District, no lands shall be used and no building shall be erected, altered or used for any purpose whatsoever if such use is not permitted by Subsection A hereof. Additionally, no use permitted by Subsection A shall be permitted if such use:

Is injurious, offensive or obnoxious to the neighborhood by reason of traffic, noise, vibration, smoke, cinders or ash, gas, odor, fumes, dust, chemicals or other objectionable feature.

Is dangerous to the neighborhood by reason of the risk of fire, explosion or any other cause of physical damage.

Involves the open storage of piles of materials.

Involves the storage of fuel oil, gasoline or other flammable materials in quantities in excess of 2,500 gallons.

§ 306-16 Central Business C District.

[Amended 12-21-1982 by L.L. No. 10-1982]

Permitted uses. In the Central Business C District, lands shall be used and buildings shall be erected, altered or used only for the following purposes:

Single-family residence, provided that said residence is housed in a building used principally for one or more of the purposes set forth within the following Subsection A(2).

Office for business; professional offices for engineers, land surveyors, physicians, dentists, attorneys, architects and other professionals duly licensed by the State of New York.

Area requirements. Buildings, principal or accessory, shall be erected, altered or used only if so located on the lot and so erected or altered so as to comply with the following requirements for the Central Business C District:

No building in a Central Business C District shall be higher than 25 feet above the street level on which said building fronts; except that structures used for residential or other nonconforming uses exceeding 25 feet in height may be converted to the uses set forth in Subsection A(2) above, provided that the height of said building is not increased beyond that existing at the time of conversion to the uses set forth in Subsection A(2) above.

No building shall occupy more than 50% of the area of the plot on which it is erected; except that structures used for residential or nonconforming uses converted to the uses set forth in Subsection A(2) above shall not exceed the plot area coverage in existence on the date of the conversion from residential or nonconforming use to the uses set forth in Subsection A(2) above.

No building shall be erected on any plot containing less than 12,000 square feet or having a street frontage of less than 75 feet.

Each plot shall be suitably landscaped and shall provide screening on the boundaries of any nonbusiness districts.

Each plot shall provide off-street parking for one car for each 150 square feet of floor area of the portion of the building used for office use; except that structures used for residential or nonconforming uses converted to the uses set forth in Subsection A(2) above must meet the minimum off-street parking requirement set forth in § 306-21A(6) of this chapter for that portion of the premises used for the uses set forth in Subsection A(2) above.

Signs, as permitted in the Central Business A District, may be erected, but no neon or other electrically operated signs shall be erected. Nothing herein contained, however, shall prevent suitable illumination of conventional signs.

§ 306-17 Municipal Park District.

Permitted uses. In the Municipal Park District, lands shall be used and buildings shall be erected, altered or used only for the following purposes: municipal park, playground, recreational area or municipal services facility, when operated by the Incorporated Village of Northport.

§ 306-18 Accessory business uses.

Accessory uses shall be permitted in the Central Business A and B Districts, Highway Business District, Neighborhood Business District and Marine Business District, as the same is defined in § 306-5 of this chapter, except as specifically prohibited herein. Such accessory uses shall be limited as follows:

Accessory buildings, including private garages, shall not be placed within a front yard or within a required side yard.

An access driveway may be located within a required yard.

Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.

Accessory off-street parking areas may be located in required front, side or rear yards in the Central Business A District, Neighborhood Business District and Highway Business District, provided that they are set back at least 10 feet from all property lines. Accessory off-street parking areas may be located in the required side and rear yards in the Marine Business District, provided that they are set back at least 10 feet from all property lines, and in the front yard of said district, provided that they are set back at least 25 feet from all property lines. Accessory off-street parking areas may be located in the required side and rear yards, only, in the Central Business B District, provided that they are set back at least 10 feet from all property lines.

Convenience retail that is subsidiary to the primary use of the premises, and has been granted a special use permit by the Zoning Board of Appeals under § 206-39B(2)(j).

[Added 11-6-2006 by L.L. No. 10-2006]

§ 306-18.1 Outdoor dining.

[Added 3-18-2009 by L.L. No. 1-2009]

Outdoor sidewalk dining, in the Central Business A, Central Business B, Highway Business and Neighborhood Business Districts only, shall be permitted subject to compliance with the following:

Applicability.

[Amended 9-1-2009 by L.L. No. 4-2009; 3-21-2017 by L.L. No. 1-2017]

Permitted only for the restaurants and deli-style businesses in the Central Business A and B, Highway Business and Neighborhood Business Districts (hereinafter referred to as "applicants"). Permits shall be applied for annually on or before April 1.

This section of the Northport Village Code only permits outdoor dining on the sidewalk and courtyard area. Nothing in this section shall be construed to permit outdoor dining and service of beverages including alcohol in any other area including rooftops and roofs.

Application for permit.

Applicants shall submit a sworn statement with a fee of $250 that provides the following information and/or statements:

[Amended 4-4-2023 by L.L. No. 4-2023]

Where the service shall be provided;

[2]

The number of tables and seats;

[3]

That the applicant shall comply with all requirements set forth herein;

[4]

That the restaurant is in compliance with all other governmental regulations, codes and/or laws;

The sworn statement shall include a copy of this section signed by the applicant as recognition and acceptance of all the terms of this section, the required certificate of insurance and, where applicable, a permit from the New York State Liquor Authority.

(c)

Upon submission of a completed application, the Village Clerk shall issue a permit for the requested outdoor sidewalk dining.

Seating for sidewalk service shall not require any additional parking spaces or prompt other zoning requirements or need for variances.

The applicants shall provide for a pedestrian right-of-way on the sidewalk, measured from the inside of the curb where it meets the sidewalk, of at least 36 inches clearance; tables and chairs and other objects, such as menu signs, shall be kept out of the pedestrian right-of way. Clearance for the pedestrian right-of-way must be around obstacles such as signs, benches, garbage cans, handicap cuts and other impediments. Employees may temporarily be within the pedestrian right-of way while performing their duties, such as serving, but may not place objects, such as tray stands, in the pedestrian right-of way. However, employees shall at all times yield to pedestrians within the pedestrian right-of-way.

Applicants shall provide, with the above stated sworn statement, a certificate of insurance with liability limits of at least $2 million per occurrence and which names the Incorporated Village of Northport, 224 Main Street, Northport, New York, as an additional insured who will be notified by the insurance company or agent in the event of a lapse of coverage. This insurance is required to remain in effect for the duration of the sidewalk dining activities and to cover claims arising out of said activities; the Village must be notified in the event of any threatened or actual lapse in insurance coverage. Any such lapse shall automatically revoke permission for sidewalk dining. In any event, the applicant shall be liable for all claims arising out of the operation of the dining services and shall defend, indemnify and hold the Village harmless from and against any such claims.

Applicants may display menu signs only while there is sidewalk dining service and only as authorized by the Board of Architectural and Historic Review, which Board is hereby authorized and directed to establish a preapproved menu sign form, including size and display specifications, which applicants may display without obtaining a sign permit.

Alcohol may only be served in conjunction with food that is otherwise available for purchase without alcohol. All businesses serving alcoholic beverages must be in compliance with all state laws and regulations, including those of the New York State Liquor Authority. Copies of permits shall be provided to the Village prior to service of alcoholic beverages.

Sidewalk service may be provided in front of up to two adjoining businesses, i.e., one on either side of the applicant's premises, with the permission of those businesses and their landlords. Permission shall be given in writing, a copy of which shall be given to Village Hall before sidewalk service in front of an adjoining premises is provided. Permission may be withdrawn by the adjoining business or landlord at any time. The business or landlord withdrawing permission shall notify the Village, in writing, within one week of the withdrawal. Any adjoining business and landlord that gives such permission shall be covered by the applicant's insurance in the same way the Village is and at no less a coverage level. Confirmation of such coverage and notice of any lapse, etc., shall be provided to the Village in the same manner as such notice is made to the Village regarding coverage extended to the Village. Copies of all such notices shall also be given to the permitting businesses and landlords.

The businesses with outdoor sidewalk dining shall take all reasonable steps to control littering and shall dispose of all trash as otherwise required and must clean the sidewalk, and all areas with debris and other garbage, at the time the tables are removed each evening.

The businesses with outdoor sidewalk dining shall take all steps necessary to maintain safety and to immediately remedy any unsafe situation

(11)

A Village police officer or Code Enforcement Officer may temporarily suspend sidewalk service at any time due to violations of this section, threats to public safety, disorderly conduct, noise, disruption of other business operations or violations of other Village codes or other laws or regulations. The police officer or Code Enforcement Officer may choose, but is not obligated, to allow sidewalk service to resume if he or she is satisfied that all violations have been remedied. An affected business may appeal a decision to suspend outdoor sidewalk dining to the Board of Trustees, which shall conduct an evidentiary hearing to determine whether to reinstate the permit or continue the suspension for a stated period of time.

(12)

Outdoor sidewalk dining service shall be permitted no later than 10:00 p.m. weekdays and 12:00 midnight on Friday and Saturday nights. Tables and chairs and menu signs must be removed from the sidewalk no later than 10:30 p.m. on weekdays and 12:30 a.m. on Friday and Saturday nights. In the Neighborhood Business District, outdoor sidewalk dining shall cease no later than 9:00 p.m. except on Friday and Saturday nights when it shall cease no later than 10:00 p.m. In all districts, tables and chairs cannot be set up earlier than 1/2 hour before service begins.

(13)

The courtyard area located between the stores located on the south side of Main Street and the building known as 24 Woodbine Avenue may also be used for outdoor dining, provided the written permission of the owner of the property on which tables are placed is obtained and other requirements of this section are complied with and an unobstructed pedestrian right-of-way of at least 36 inches is maintained between the rear entrances of the existing outdoor dining facilities and other ingress and egress points.

(14)

The terms of this section and the right to provide sidewalk service shall be subservient to any regulation of or ruling by any superior jurisdiction, and the Village shall not be responsible for any disruption or termination of sidewalk service caused by any superior jurisdiction.

(15)

No variances for parking or other permissions from the Zoning Board of Appeals shall be required for outdoor sidewalk dining in compliance with this section.

(16)

Smoking is not permitted on any outside dining tables or within 20 feet of any outside tables.

(17)

The premises on which the service is to be offered must have a valid certificate of occupancy or letter in lieu and a certificate of permitted use.

(18)

Outdoor dining service shall be subject to the prohibitions set forth in § 306-11B of the Village Code.

(19)

It is the intention of the Board that no variances from any of the dimensional and other requirements of this section be granted by the Board of Zoning Appeals as outdoor sidewalk dining involves the use of public property and/or right-of-way, and the Board intends to allow such use only if strictly in accordance with this section. Furthermore, the dimensional requirements are necessary for public safety and access for all persons, including those with disabilities, and the Board intends that all legal requirements for this access be complied with.

(20)

The installation, use or maintenance of radios, speakers, televisions or like apparatus and live entertainment shall be prohibited in outdoor sidewalk dining areas.

(21)

Notwithstanding any provisions of this section, outdoor dining facilities shall be in all respects compliant with all applicable provisions of the Americans with Disability Act of 1990 as amended from time to time.

Outdoor dining on private property, meaning that such dining is not located on a sidewalk or other public property or right-of-way, shall be permitted in the Central Business A and B Districts, in the Highway Business District and in the Marine Business District, subject to compliance with the following:

[Amended 2-7-2023 by L.L. No. 2-2023]

All of the requirements for outdoor sidewalk dining shall be applicable and are hereby incorporated herein by reference thereto, except for Subsection A(2), (4), (6), (8) and (9).

The permit for outdoor dining on private property is a required permit for outdoor dining that is located on private property and not on a sidewalk or other public property or right-of-way. An eligible business may hold both permits provided they satisfy the requirements for each such permit.

Outdoor dining areas shall not be enclosed or maintained for year-round use unless all required building, zoning and other applicable permits for a permanent structure and/or use have first been obtained.

The installation, use or maintenance of radios, speakers, televisions or like apparatus and live entertainment shall be prohibited in outdoor dining areas, unless separately authorized by resolution of the Board of Trustees.

No variance shall be required from the Board of Zoning Appeals for outdoor dining in compliance with this section.

Applicants shall provide a survey for the premises for which the permit is requested showing all structures thereon, a sketch showing the proposed number of tables and chairs and the approximate area to be used for outside dining with a proposed seating plan for same.

Permit revocation.

The permit for outdoor sidewalk dining and outdoor dining may be revoked by the Board of Trustees as follows:

Upon conviction, by plea or otherwise, of three separate violations of Chapter 200, Noise, of the Code of the Village of Northport, if the violations occur within any twelve-month period of time; or

Upon conviction, by plea or otherwise, of two violations of selling or serving alcoholic beverages to minors, if the violations occur within any twelve-month period of time; or

(c)

Upon conviction, by plea or otherwise, of two separate violations of the New York State Uniform Fire Prevention and Building Code,[1] including but not limited to the absence of a valid public assembly permit and exceeding the maximum number of occupants permitted within the assembly space as established by the Code Compliance Director, if the violations occur within any twelve-month period of time, and for two separate violations of this section or because of a single violation of § 306-11B or for a threat to public safety.

Editor's Note: See Ch. 106, Building Construction.

(d)

Failure to attend at least one annual meeting called by the Village regarding these code provisions and compliance with other requirements applicable to permit holders and restaurants generally.

Nothing contained herein shall be construed to limit the right of the Village of Northport to pursue enforcement of this section by an action in law or equity and to recover the cost of attorneys' fees in any enforcement proceedings.

Revocation hearing.

The Village Board may revoke a permit issued hereunder only after a public hearing on notice to the permit holder. Such notice shall contain the time, date and place of the public hearing and written notice of the charges. Service of the notice shall be deemed proper if personally delivered to the permit holder or delivered to the person in charge at the subject premises or mailed by certified mail, return receipt requested, to the last known address of the permit holder within 10 days of the public hearing. The permit holder may present testimony and question opposing witnesses during the hearing.

Notice of revocation. In the event that a permit is revoked by the Village Board, notice of revocation shall be mailed to the permit holder by regular mail and certified mail. Such notice shall state, in writing, the reasons for the revocation.

§ 306-19 Stripping, excavating or removing topsoil or earth in all districts.

No permit shall be revoked under this section unless a resolution is passed by a concurring majority vote of the Village Board of Trustees. The decision of the Board shall be filed with the Village Clerk and becomes final upon such filing.

In all districts, unless a permit is obtained as provided in Subsection B hereof, no lands shall be used and no building shall be erected, altered or used other than by the Village of Northport for stripping, excavating or otherwise removing topsoil or other earth, sand or gravel for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises, excavation or grading incidental to such construction or alteration, or except in connection with the construction or alteration on such premises of roads, driveways, sanitation and drainage facilities, walls, courtyards, patios and recreational facilities.

The Board of Zoning Appeals, after a public hearing on at least 15 days' notice of the time and place of such hearing published in a paper of general circulation in the Village, at which parties in interest and Village residents shall have an opportunity to be heard, may grant and renew permits relating to excavations and removal of topsoil, earth, sand or gravel; provided, however, that:

No permit shall be granted if the Board of Zoning Appeals finds that the proposed excavation or removal operation will not improve the usability of the premises on which such operations are to be conducted, or if it finds that the proposed operations are primarily mining operations or operations to be conducted for the sale or off-premises use of topsoil or other material to be taken from the premises.

No permit shall allow the use of machinery on the premises for screening or otherwise processing excavated material.

A permit shall require that the premises, if not paved, shall be adequately covered with topsoil and that a cover crop of grass, rye or other appropriate vegetation shall be planted and grown at the end of the operation.

A permit may provide that no excavation or stripping of topsoil shall be permitted which would bring the grade of the premises on which the operations are to be conducted below the grade of the adjoining streets.

A permit shall require that provision, as specified by the Board of Zoning Appeals, be made for the lateral support of premises adjoining premises upon which the operations are to be conducted.

A permit shall provide for the erection and maintenance, as determined by the Board of Zoning Appeals, of suitable safeguards at the top of all slopes resulting from the permitted operations in those cases where safeguards are required in the interests of public safety. The permit shall also require the applicant to comply with any requirements specified by the Planning Board of the Village of Northport to ensure the adequate disposal of stormwater from the premises.

The Board of Zoning Appeals may also require, before the issuance of a permit, that the applicant and owner of record of the premises upon which the operations are to be conducted shall execute and file with the Village Clerk a bond approved by the Board of Zoning Appeals and with a surety company as surety, or shall deposit with the Village Clerk a certified check payable to the Village to secure to the Village of Northport due and faithful performance under any permit issued. The check, or bond when required, shall be in an amount equal to 125% of the estimated cost of compliance with the conditions of the permit. Certified checks so deposited shall be retained by the Village or bonds which are filed shall remain in full force and effect until a certificate of completion has been issued by the Code Compliance Director of the Village certifying to the fact that all the provisions of this chapter and all the conditions of the permit have been fully performed.

If an application is made for permission to excavate or otherwise remove topsoil or other earth, sand or gravel from property situated in a residence district and protests, in writing, against the issuance of such permit are filed with the Board of Zoning Appeals at or prior to the hearing upon the application, signed by the owners of 20% or more of the lands located within 200 feet from the proposed excavation or located within 200 feet from the area from which topsoil is proposed to be removed, a permit shall be denied upon the unfavorable vote of one of the members of the Board of Zoning Appeals.[1]

Editor's Note: Former Article V, Historic Preservation, added 3-6-1979 by L.L. No. 3-1979, as amended, which immediately followed this subsection, was repealed 6-16-1981 by L.L. No. 5-1981.

§ 306-19.1 (Reserved) [1]

§ 306-19.2 Restriction on hours of operation of commercial businesses.

Editor's Note: Former § 306-19.1, Commercial catering establishments; special permit required, added 6-15-1999 by L.L. No. 8-1999, as amended, was repealed 11-6-2006 by L.L. No. 10-2006. See now § 306-39B(2)(i).

[Added 1-2-2001 by L.L. No. 1-2001]

Legislative intent. The Board of Trustees finds that there is a danger to public health, safety and the general welfare of the residents of the Village posed by the operation of commercial businesses during the early morning hours where such commercial businesses are adjacent to or are in close proximity to residential properties. The operation of commercial businesses during such hours generates noise and other impacts, disturbing the repose of occupants of nearby residences, and such operation is not necessary for public convenience of residents or travelers through the Village. The Board of Trustees finds that regulation of the hours of operation of businesses located in close proximity to residences will be in the public interest and will serve to protect public health, safety, welfare, good order and the quality of life in the Village.

Extended hour restriction. It shall be unlawful and a violation of this chapter for the owner, lessee or operator of any commercial business located within the Village on land which is zoned for any Business District under the provisions of this chapter, and the Zoning Map adopted pursuant to this chapter, to operate a commercial business between the hours of 12:01 a.m. and 6:00 a.m. This section shall in no way be construed to restrict the hours of operation which may be permitted by any federal or state agency or federal or state statute that exceeds the hours of operation that are permitted as set forth herein or to restrict the hours of any home occupation.

Special use permit.

An application for a special use permit may be made for any commercial business use in any Business District which seeks to operate between the hours of 12:01 a.m. and 6:00 a.m., except that no such special use permit shall be granted for extended hour operation to any use located within 150 feet of any residence for one family.

Any application for a special use permit for extended hours of operation under this section shall be made in writing to the Board of Trustees in such form as shall be determined by the Board of Trustees from time to time by resolution.

At the request of the Board of Trustees, the Planning Board shall review each application and prepare and submit written findings and recommendations to the Board of Trustees within 60 days of receipt of the application being referred, unless such time is extended by the Board of Trustees before the expiration of such sixty-day period.

No special use permit shall be granted by the Board of Trustees under this section unless it finds that each standard set forth in § 306-39B(1)(a) of this chapter has been met. In making its determination, the Board of Trustees shall consider the factors provided in § 306-39B(1)(b) of this chapter. The Board of Trustees may impose such further requirements and conditions to the granting of any special use permit under this section which, in its opinion, are reasonably necessary and designed to further the interest and purpose of this chapter and which are in harmony with the provisions hereof.