No building or premises in any part of the Village
of Brightwaters shall be used for any trade, industry or purpose that
is noxious or offensive by reason of the emission of odor, dust, smoke,
gas, fumes or noise or that is detrimental to the public health, safety
or welfare, nor shall any activity of any kind be conducted in any
part of the Village which shall cause noxious or offensive odors,
fumes, smoke or dust.
[Added 10-19-1994 by L.L. No. 8-1994]
Every real property in the Village, whether a residential or business parcel, shall be maintained by the owner(s) of record, tenant and/or contractor in possession thereof in a neat and orderly manner, including the mowing of all grass, trimming of all hedges and bushes and removal of all junk and debris. Should any owner, tenant and/or contractor in possession fail or refuse to maintain any property as set forth above after the expiration of 10 days from the date a demand to do so was sent to said owner, tenant and/or contractor in possession by the Village Code Enforcement Officer by certified mail, return receipt requested, the Village shall have the right to provide for said maintenance and to include the cost thereof as a charge against that real property tax parcel in the next Village property tax levy on that parcel. Nothing contained herein shall be construed to limit the authority of the Village to enforce this provision of the Village Code under § 128-86 of this Code.
In split-level houses, living space below the
street level may be included if, in the opinion of the Code Enforcement
Officer, it is actual living space.
A.
Buildings in Residence A or Residence B Districts.
(1)
Any building in any Residence A or Residence B District
shall set back from the street property line a distance not less than
the average setback of the existing buildings within the block in
question and on the same side of the street, with an additional two-foot
setback, or, if there are no existing buildings on the same side of
the street in the same block, the average setback of existing buildings
on the opposite side of the street within the block, with an additional
two-foot setback, shall govern; provided, however, that any building
hereafter constructed upon any lot or parcel of property abutting
upon or contiguous to Montauk Highway shall set back not less than
50 feet from Montauk Highway.
[Amended 2-7-2011 by L.L. No. 6-2011]
(2)
Special exceptions. Where a building is not controlled by Subsection A(1) above, any building in a Residence A or Residence B District shall be set back not less than 30 feet from any street property line. In case of a corner lot, a front yard shall be required on each street on which the lot abuts, provided that if, at the time this chapter becomes effective, any corner lot is held in single and separate ownership with a width of less than 100 feet, the depth of the front yard on one side of the lot may be decreased when authorized as a special exception by the Board of Appeals.
B.
Buildings in the Residence C District. No building
in a Residence C District shall set back from any street property
line a distance of less than 15 feet.
C.
Buildings in a business district. Any building in
any business district shall set back from the street property line
a distance not less than 12 1/2 feet
The following encroachments are hereby permitted:
[Amended 4-1-2002 by L.L. No. 4-2002; 11-6-2006 by L.L. No.
7-2006]
A.
No building shall hereafter be erected on a lot or
plot with less than 100 feet of road frontage on a named street on
the Building Zone Map, excepting those lots or plots with less than
100 feet of road frontage on a named street on the Building Zone Map
that were in single undivided ownership prior to May 16, 1949, the
original date of this chapter.
B.
No lot or plot in any Business District shall have
more than one principal, nonaccessory, building or structure.
On any corner lot in any district, no fence,
hedge or other obstruction more than 3 1/2 feet in height above
the average street elevation shall be caused to exist within the triangle
formed by the intersecting street lines and a straight line joining
said street lines at points which are 30 feet in distance from the
point of intersection measured along said street lines. This restriction
shall apply to all hedges, fences and landscaping heretofore erected
and now existing at a height greater than herein allowed.
A.
Residence A and B Districts.
(1)
In any Residence A or Residence B District, no fence
which is more than six feet high shall be permitted; provided, however,
that the finished side of any fence shall face outward from the property
on which it is constructed. Every fence facing a public street shall
be nonsolid and ventilating and shall be screened from view to half
of its height above ground level by natural plantings spaced 36 inches
apart at ground level. The minimum open space between fence slats
shall be 3/4 of an inch while the maximum fence slat shall not exceed
six inches.
[Amended 11-6-1995 by L.L. No. 7-1995; 8-6-2001 by L.L. No.
4-2001; 6-2-2003 by L.L. No. 5-2003; 10-3-2022 by L.L. No. 8-2022]
(2)
In the case of an interior lot, a rear fence may extend
the entire width of the rear line. No fence or hedge in any residence
district shall extend nearer a street property or a side street property
line than the front line of the dwelling. The height of the fence
shall be measured above the ground level.
(3)
In the case of corner lots, a natural fence or artificial
or man-made fence, screened from view by a natural fence no higher
than six feet, may extend along the rear property line to a point
15 feet from the street property line, thence parallel to the architectural
side of the dwelling to a point perpendicular to the rear corner of
the architectural side of the dwelling facing the street.[2]
[Amended 11-6-1995 by L.L. No. 7-1995; 6-2-2003 by L.L. No.
5-2003]
[2]
Editor's Note: Former Subsection A(4), regarding
issuance of a building permit prior to fence construction, which immediately
followed this subsection, was repealed 2-7-2005 by L.L. No. 2-2005.
B.
Residence C District. In a Residence C District, a
solid rustic fence six feet in height or adequate screen planting
approved by the Code Enforcement Officer shall be provided along any
property line which divides a Residence C District from any other
residential district; provided, however, that no fence or screen planting
under this section shall extend nearer a street property line or a
side street property line than 15 feet. The height of a fence shall
be measured above ground level.
C.
Business districts.
(1)
Any fence erected in a business district must be of
a chain link type and no more than eight feet in height.
[Amended 5-2-1994 by L.L. No. 1-1994; 2-7-2005 by L.L. No.
3-2005]
(2)
Notwithstanding the provisions of any other section
with respect to the maintenance or erection of fences on any premises,
all or part of which is used for business, there shall be erected
and maintained a solid board fence along the rear and side property
lines in cases where the contiguous property is zoned for residential
use, with the finished side facing the residential property, said
fence or fences to be sufficiently high to screen the contents from
public view and at least seven feet high, the maintenance of which
in good repair is a prerequisite to the continued use of such premises.
D.
Fences or hedges across lot fronts are prohibited
in every residential district. No fence in any district shall be equipped
with any razor-like wire.
[Amended 5-2-1994 by L.L. No. 1-1994]
E.
No retaining wall may be higher than three feet above
the lower ground level at its base, and the ground being retained
must be level with its top, and its average grade must at least equal
or be higher than its top. It must be constructed of a nonwood static
material and may not be positioned on the Village's right-of-way.
[Added 8-5-2002 by L.L. No. 8-2002]
F.
Procedure.
[Added 2-7-2005 by L.L. No. 4-2005]
(1)
No fence or retaining wall may be constructed in any
district without first obtaining a fence permit from the Village,
after submission of an application on a form prescribed by the Board
of Trustees and a survey indicating the planned placement of the fence
or retaining wall.
(2)
No fence permit shall be issued unless the applicant
has paid the fence permit fee and has also posted a cash bond, both
sums to be established by the Board of Trustees.
(3)
A fence permit shall expire one year from the date
of its issuance and may not be renewed for another year without permission
from the Board of Trustees.
(4)
Upon completion of the fence or retaining wall, including
plantings if required, within one year from the issuance of the fence
permit, the applicant shall notify the Village, on a form prescribed
by the Board of Trustees, of such completion and, upon inspection
and approval by the Building Inspector, the fence permit shall be
stamped "Approved as Built" by the Building Inspector.
(5)
Upon the approval of the fence or retaining wall,
the cash bond shall be returned to the applicant without interest.
Upon the expiration of a permit by surrender, or the passage of one
year without commencement of the construction, the cash bond shall
be returned to the applicant without interest. Should construction
be commenced but not completed and approved within one year of the
issuance of the permit, or not properly completed, or if the permit
is revoked for any reason, the cash bond shall be forfeited to the
Village.
[1]
Editor's Note: The fence and hedge requirements
provided in this section are illustrated in Diagrams A and B at the
end of this chapter.
No lot or property shall be hereafter so reduced
in area as to cause any yard or other open space to be smaller in
any dimension than is prescribed in this chapter for the district
involved.
Yards shall be open and unobstructed to the
sky, except that nothing in this chapter shall prevent the projection
of a cornice or the overhang of eaves over a front yard, side yard
or rear yard to an extent not exceeding three feet and not exceeding
1/4 of the width of such yard or to a distance of one foot in any
case.
[Added 1-4-2010 by L.L. No. 2-2010]
Wind-power-generating facilities are prohibited on all parcels
in the Village.
A.
The total building area, including all buildings,
accessory buildings, structures and decks, shall not exceed a floor
area ratio of 0.20.
[Amended 9-7-1993]
B.
In a business district, the total building area, including
all buildings, shall not exceed or occupy more than 50% of the total
lot area. Upon the granting of an application therefor, the requirement
concerning the percentage of lot occupancy in a business district
may be decreased or increased not exceeding 15% by the Board of Trustees,
either on its own motion or at the request of the applicant, when
and if conditions warrant.
A.
Residence A and B District requirements. In any Residence A or Residence B District, except as hereinafter specified, a side yard is required on each side of each lot. The aggregate width of the two side yards shall be in any case not less than 25 feet. No side yard shall have a width less than 10 feet. In the case of any building permitted under § 128-6C or D of this chapter in a Residence A or Residence B District, no side yard shall be less than 50 feet wide.
B.
Residence C District requirements. In any Residence
C District, the aggregate width of the two side yards shall not be
less than 25 feet. No side yard shall have less than 10 feet; provided,
however, that a side yard facing a street shall not be less than 15
feet.
A.
A rear yard is required as hereafter specified in
any business district.
B.
The depth of a rear yard, except as hereinafter specified,
shall not be less than:
(1)
Fifty feet in a Residence A or B District.
(2)
Thirty-eight feet in a Residence C District.
(3)
Twenty-five feet in a business district, except where
the rear of the property abuts a railroad right-of-way; or in connection
with any indoor tennis club, if the rear yard of such use abuts any
residential use, then a rear yard of not less than 50 feet shall be
required.
[Amended 3-5-2012 by L.L. No. 4-2012]
C.
Rear yard ground area ratio (GAR).
[Amended 3-3-2014 by L.L. No. 3-2014]
(1)
REAR YARD AREA
Definition. As used in this section, the following terms shall have
the meanings indicated:
That area behind the line created by the line between the
two rear outermost points of the main dwelling at a straight line
and concurrent with the rear of said dwelling and continuing to points
on either which intersects the side property lines of the dwelling.
(2)
All livable extensions that project into the rear yard but are not
the outermost corners of said dwelling are to be deducted from the
total rear yard area.
(3)
If said dwelling is a corner lot, then the legal address is the front
yard. The rear of that front address would be used to calculate the
rear yard area as noted above. The area in the rear yard behind the
parallel line running concurrent with the home along the second front
yard (not on the side where address is stated) and which runs parallel
with the side street will not be calculated as part of the rear yard
area.
D.
Rear yard area limited for nonvegetative use. The ground area ratio (GAR) available for use of nonvegetative or impervious surfaces is to be no more than 30% of the rear yard area for plots over 15,000 square feet. Where the property size is less than 15,000 square feet, GAR allowable usage will be calculated at not more than 35% of the total rear yard. "Nonimpervious surfaces" includes items such as patios, decks, pavers, open-jointed flagstone, walkways and the like and also includes, but is not limited to, sheds, rear garages, and other outbuildings. Walkways greater than 42 inches, fixed generator and fixed air-conditioning pads are not included in the GAR computation. All impervious surfaces forward of the rear yard house lines shall be part of the floor area ratio (FAR) under Village of Brightwaters Code § 128-29. Pools, garages, sheds, and patios will continue to be calculated as part of the Village's FAR.
[Added 3-3-2014 by L.L. No. 3-2014; amended 10-5-2015 by L.L. No. 9-2015]
[Amended 5-3-2004 by L.L. No. 13-2004; 12-5-2016 by L.L. No. 9-2016]
A.
No accessory
building shall be nearer any street property or side street property
line than the principal building on the same lot.
B.
No accessory
building shall be located in any required side yard.
C.
Accessory buildings shall be located no nearer than 10 feet to any side or rear property line. However, one accessory building, per lot, that meets the definition of "shed" as defined in § 128-3 of this chapter, and is neither greater than 144 square feet in area nor greater than 10 feet in height, may be located to within four feet of side and rear property lines.
D.
No shed
shall be located nearer a street or side street property line than
the rear wall of the principal building.
A yard or court conforming to the requirements
of this chapter shall be provided on the same lot with any room in
which persons live, sleep, work or congregate whenever needed to give
adequate light and ventilation to such room.
[Amended 9-20-1995 by L.L. No. 6-1995; 5-3-2004 by L.L. No. 14-2004; 10-5-2015 by L.L. No. 7-2015]
Unless otherwise stated, the vertical distance
from the average crown of the road or average top of the curb (if
more than five inches or greater of reveal) that fronts the property,
whichever is less, to the highest point of the roof, provided that
chimneys and similar permitted projections shall not be included in
the height. For any single-family residential structure or accessory
structure thereto, no principle building or structure shall be erected
to a height in excess of 35 feet or 2 1/2 stories within an area of
special flood hazard elevation zone pursuant to this chapter, the
structure or the minimum elevation necessary to meet the prerequisites
for federal flood insurance as determined by the National Flood Insurance
Program (FEMA) as shown on any applicable Flood Insurance Map. The
Village Building Department shall be responsible for the interpretation
and application of Flood Grade Elevations relevant to any specific
project.
A.
In a residential
district, no principal building or structure shall be erected to a
height that exceeds 35 feet or 2 1/2 stories.
B.
Accessory
structures shall not exceed 24 feet in height or shall be a maximum
of one story, whichever is less.
C.
Flagpoles
shall not exceed 30 feet in height.
D.
Architectural protrusions above the ridge line such as a cupola, and/or weather vane may not exceed five feet above the highest peak of the residence or structure. Other protrusions such as solar panels, dish receivers and/or ornamental temporary fixtures cannot exceed the building height code § 128-34.
No deck may be constructed unless a building
permit has been first applied for and granted, and no deck shall be
deemed a legal structure until a certificate of occupancy for the
same has been issued by the Village.
A.
A deck shall be constructed only at the rear and/or
side of the building; however, no deck shall be constructed at the
part or side of the building that faces a street, except that a deck
may be constructed at the rear of a building that faces a street.
[Amended 11-2-1992 by L.L. No. 1-1992; 11-1-1993 by L.L. No.
5-1993]
B.
A deck constructed of wood shall be natural wood or
pressure-treated lumber which is rot-resistant and in conformity with
all applicable building codes.
C.
If the surface of any deck is elevated so as to be
level with the second floor of living space of any dwelling, said
deck shall only be located at the rear of such dwelling, shall not
contain any stairway to the ground but rather must be accessible only
through the interior of the dwelling, shall not be any longer than
1/2 of the rear width of such dwelling as measured along the rear
from side to side and shall not be any more then eight feet in width
as measured outward from the rear of the dwelling. A balcony shall
also be considered a deck for the purposes of this subsection and
shall be governed thereby.
[Added 9-7-1993]
D.
No deck shall be constructed or maintained in the
rear 2/3 of the rear yard of any premises.
[Added 9-7-1993]
In any district within the Village, drainage
shall be provided as approved by the Code Enforcement Officer or other
designated official to accommodate all surface water.
A.
Voltage of overhead lines restricted. No overhead
distribution or transmission line having a voltage exceeding 15,000
volts shall be installed or constructed above ground in the Village
without the express consent, permission and approval of the Board
of Trustees of the Village.
B.
Conformity to National Electric Safety Code. Any and
all distribution and transmission lines within the Village must conform
to the requirements of the National Electric Safety Code.
[Amended 9-7-1993]
All swimming pools and all decks partially or
wholly surrounding such pools shall be considered accessory uses requiring
a building permit and shall not be deemed a legal structure until
a certificate of occupancy has been issued and, in addition to all
requirements of the New York State Uniform Fire Prevention and Building
Code:
A.
They shall be completely enclosed by a restrictive-type fence four feet in height with a self-closing gate and spring latch. A fence enclosing a swimming pool shall also conform to the requirements of § 128-26 of this Code.
[Amended 11-6-1995 by L.L. No. 7-1995]
B.
An acceptable drainage system is to be self-contained
upon the premises.
C.
No pool or deck partially or wholly surrounding such
pool shall be constructed or erected wholly or in part in the front
or side yard of any lot or plot in any zone.
D.
Side yards and rear yards are to be a minimum of 10
feet in any district. The measurement of the side yards and rear yards
shall be taken from any deck partially or wholly surrounding any pool
where and to the extent a pool deck exists.
In any district, unreasonable excessive lighting
or the use of bright-colored banners and whirling pennants and other
novelties shall be prohibited at all times. Exposed bulb lighting,
security lighting and unreasonable or excessive external lighting
shall not be directed outside property lines.
A.
Residence district restrictions.
(1)
In residence districts, no garage is permitted in which any business, service or industry is carried on, except as hereinafter provided. In any residence district, space for two cars may be provided on any lot, and space for one additional car may be provided for each 25 feet of lot frontage in excess of 75 feet or for each 2,500 square feet of lot area exceeding 7,500 square feet; but in the case of corner lots, only the street of least frontage shall be considered as a basis for the determination of permissible garage space. Notwithstanding the preceding sentence, subsequent to the date of enactment of this chapter, no residence that has an existing garage may convert such garage to dwelling or living space without providing for garage space in accordance with Subsection B hereof.
(2)
If any residence shall be constructed after the effective
date of this subsection without garage space for at least one automobile,
additional side and/or rear yard shall be provided to permit the construction
of detached or connected garage space with proper access to accommodate
one automobile without encroaching upon the required side and/or rear
yards, and the location of such space and access shall be indicated
on the filed plans.
C.
Use for residence purposes prohibited. No building
occupied as a public garage shall be used in any part for residence
purposes. No garage for more than six cars shall have any opening
in the side or rear wall or roof within 15 feet of any party lot line.
No automobile repair or adjustment work shall be done out-of-doors.
No public gasoline pump, greasing, oiling or filling station shall
be allowed in a residence district. The entrance and exit driveways
for any public garage having a capacity for more than six cars in
one room shall be at least nine feet wide and shall communicate directly
with a street not less than 60 feet wide. For any public garage having
a capacity for more than 12 cars in one room, such driveway shall
not be less than 10 feet wide.
Upon application made to the Board of Trustees,
such Board, after a public hearing, may authorize the use of any vacant
land in a residential district which borders on land in a Business
District to be used for parking of motor vehicles, subject to such
conditions and safeguards as it deems advisable for the public interest.
