A.
Within the Village of Old Field, no land, building
or structure shall be used and no building or structure shall be erected
or altered to be used for any purpose other than the following:
(1)
A single-family detached dwelling.
(2)
Beach house, when designed and intended as the principal
use upon the lot.
(3)
Municipal governmental facility of the Village.
(4)
Agriculture, provided that:
[Amended 1-8-1974]
(a)
There is no roadside stand, display or signs,
except one sign not exceeding four square feet in area.
(b)
No manure pile or fertilizers (except dehydrated
odorless fertilizers) are maintained or stored except in enclosed
containers, pits or similar enclosures.
(c)
Nothing is sold from such premises except products
grown or produced thereon.
(5)
Accessory uses or accessory buildings as defined in § 121-5, subject to restrictions hereinafter set forth in Article III, including among others:
(a)
Farming, as hereinbefore defined.
(b)
The offices of physicians, surgeons, dentists,
chiropractors, architects, engineers and lawyers; the studios of artists
and musicians; provided, however, that with respect to such accessory
uses referred to in this subsection, that the person practicing such
profession or art resides in the dwelling in which such profession
or art is carried on, that not more than 30% of the ground floor area
of the dwelling unit is used therefor and that no part of such profession
or art is carried on in any accessory building; and provided, further,
that there is no display or advertising on the premises of such use,
except a professional nameplate with an area not exceeding 120 square
inches; and provided, further, that no assistants, whether paid or
not, shall participate in such use except that one assistant may be
employed if the nature of the profession is such as to require an
assistant, and any such musician's or sculptor's studio shall be equipped
and used in such manner that sounds therefrom are not unduly annoying
to other persons in nearby premises or public places.
(d)
A use or building accessory to a principal dwelling
may include, among others, the following when used for nonprofit purposes
and by the owner or lessee of such principal dwelling, his family
and guests, and shall be construed as being customarily incidental
to the use of such principal dwelling:
[1]
Beach house.
[2]
Toolhouse.
[3]
Children's playhouse.
[4]
Family swimming pool and appurtenant bathhouse.
[5]
Tennis court or tennis house.
[6]
Riding ring.
[7]
Noncommercial greenhouse, provided that if such
greenhouse is heated by an auxiliary heating plant, such heating plant
shall not have a chimney or smokestack exceeding a height of 15 feet.
(6)
The following conditional uses, subject to approval of the Board of Appeals, pursuant to the limitations, standards and guides set forth in Article VII:
(a)
A nonprofit educational institution under the
supervision of the New York State Department of Education or chartered
by the Regents of the University of the State of New York to give
academic instruction in the primary or secondary grades, except that
no part of any property devoted to such use shall be used for dormitories
or faculty residence houses.
(b)
A nonprofit academic or technical college or
university giving instruction only at the college or university level,
chartered by special act of the Legislature or by the Board of Regents
of the University of the State of New York or approved by and under
the supervision of the New York State Department of Education, except
that no part of any property devoted to such use shall be used for
dormitories or faculty residence houses.
(c)
Church.
(d)
Clubhouse.
B.
Any use not specifically set forth above as a permitted
use shall be prohibited, except that nothing herein contained shall
be construed to prohibit a lawful easement for or the lawful extension
of service lines of public utilities and municipal facilities from
such easement, power line, right-of-way or abutting street into property
to be served by such utilities or facilities.
Nothing in this chapter shall be construed to
permit any use or occupancy which is or may reasonably be expected
to be obnoxious or offensive by reason of causing or emitting dust,
garbage, gas, noise or vibrations, odor, radiation, refuse matter,
smoke or waterborne waste or that is dangerous or harmful to the health,
safety, peace or comfort of the community, that tends to disturb or
annoy residents of the Village or that involves any explosion menace
or any serious fire or radiation hazard.
[Amended 11-10-2020 by L.L. No. 2-2020]
Without being construed to permit by implication any use not
heretofore set forth as a permitted use, the following uses are specifically
prohibited:
A.
Commercial cutting of native trees and sawing of timber for commercial
purposes; the excavation of gravel, soil, sand and other mineral deposit;
and the stripping of sod or topsoil for commercial purposes.
B.
Commercial raising of mushrooms.
C.
Commercial recreation, including polo field, riding club, golf course
and similar activities conducted as a business or available to the
public for a fee.
D.
Farms for the disposal of garbage; hog ranches; pig and livestock
feeding farms; small animal and fur farms.
E.
Laboratory or experimental station, except as an incidental use on
the same premises as a college to which such use is accessory, and
provided that there in no danger of explosion or radiation therefrom.
F.
Use, storage or parking of automobile trailers designed to be used
for human habitation, mobile homes and campers, commercial trucks
or trailers on any part of any lot, except that storage or parking
thereof shall be permitted in a private garage or behind a screening
enclosure approved by the Board of Trustees and located in the rear
yard.
G.
Storage or parking of any boats in excess of 14 feet on any part
of any lot, except inside a private garage or other accessory building
or screening enclosure; storage of boats of less than 14 feet within
the front yard of any lot.
H.
Wind energy conversion systems, either as a principal or accessory
use and regardless of whether connected to a public utility or private.
I.
Parking or storage of a motor vehicle or trailer within 60 feet of
the front lot line of a property unless said motor vehicle or trailer
is parked or stored on an approved driveway or is actively being used
in connection with deliveries, repairs, construction or the performing
of service to or on the property on which it is parked.
J.
No single-family dwelling or dwelling unit in the Village may be
leased or rented for any purpose for a term of less than six consecutive
months each time. Notwithstanding the foregoing sentence, a property
owner may apply to the Board of Trustees for permission to rent or
lease a single-family dwelling or dwelling unit for less than six
months. The owner must demonstrate to the Trustees that strict application
of this subsection would cause them severe financial hardship that
is not self-created. The Board of Trustees shall have sole discretion
in determining whether the owner has met their burden. The listing
of a single-family dwelling, dwelling unit, or any portion thereof,
on a website or digital platform that is used to advertise short-term
rental offerings, such as Airbnb, VRBO, or HomeAway, shall create
a rebuttable presumption that the dwelling or unit is being operated
or used in violation of this section.
K.
The lease or rent of less than an entire single-family dwelling or
dwelling unit shall be a violation of this chapter, regardless of
the duration of the term. For purposes of clarity, it is the intent
of this subsection to prohibit hotels, boarding houses, bed-and-breakfasts,
and similar uses wherein one or more rooms within a single-family
dwelling or dwelling unit are leased or rented individually for a
period of days, weeks, or longer. The listing of a single-family dwelling,
dwelling unit, or any portion thereof, on a website or digital platform
that is used to advertise short-term rental offerings, such as Airbnb,
VRBO, or HomeAway, shall create a rebuttable presumption that the
dwelling or unit is being operated or used in violation of this section.