Asharoken City Zoning Code
ARTICLE III
Use, Building and Lot Regulations
§ 125-6 Applicability.
[Amended 2-3-1964]
In A, B and C Residence Districts, the following regulations shall apply.
§ 125-7 Specific uses.
No building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following specific uses:
A.
Single-family dwellings.
[Amended 8-6-1984 by L.L. No. 5-1984]
B.
Subject to the issuance of a special use permit by the Zoning Board of Appeals, clubs composed of residents of the Village, except clubs the chief activity of which is a service customarily carried on as a business.
[Amended 12-14-1987 by L.L. No. 2-1987]
C.
Subject to the issuance of a special use permit by the Zoning Board of Appeals, churches and places of worship.
[Amended 12-14-1987 by L.L. No. 2-1987]
D.
Subject to the issuance of a special use permit by the Zoning Board of Appeals, public schools, public libraries, public buildings necessary for the use and occupancy by the Village for administration purposes, public utilities and fire and police stations.
[Amended 3-17-1960; 12-14-1987 by L.L. No. 2-1987]
E.
Subject to the issuance of a special use permit by the Zoning Board of Appeals, private schools, colleges, universities and museums, but not including any summer camp or private school which is not primarily devoted to the teaching of subjects which are normally part of a regular academic curriculum.
[Amended 12-14-1987 by L.L. No. 2-1987]
F.
An accessory use. An "accessory use" is a use clearly incidental to and customarily found in connection with and subordinate to a permitted or specially permitted use of the premises. The term "accessory use" shall include the use of accessory buildings as defined under Article I, § 125-2 of this chapter.
[Amended 8-6-1984 by L.L. No. 5-1984; 12-14-1987 by L.L. No. 2-1987; 4-8-2005 by L.L. No. 2-2005[1]]
[1]
Editor's Note: This local law also repealed former Subsection F, regarding growing of crops, nurseries and greenhouses.
G.
Additional accessory uses as follows, subject to the issuance of a special use permit by the Zoning Board of Appeals:
[Added 8-6-1984 by L.L. No. 5-1984]
(2)
Part of main dwelling used for professional purposes.
(a)
Professional offices, studio or occupational rooms that are part of the main dwelling, when such facilities are being used by the resident occupant of the premises in the practice of his or her profession.
(b)
A professional is a physician, surgeon, dentist, lawyer, artist and other such professional as may be determined by the Zoning Board of Appeals to be within the general category of professional by reason of education, training and experience.
(c)
In determining professions permitted under this subsection, the Zoning Board of Appeals shall find that the use of the premises by the professional shall be compatible with the spirit and intent of this chapter.
H.
Additional accessory uses shall be subject to the following limitations:
[Added 8-6-1984 by L.L. No. 5-1984]
(1)
An accessory building shall not exceed the size of the main dwelling.
(2)
Accessory buildings used for human habitation, whether on a permanent or temporary basis, shall have a floor area not less than 400 square feet on the ground floor.
(3)
Professional offices, studios or occupational rooms of a professional shall not exceed 50% of the ground floor area of the main dwelling.
(4)
The adult resident occupant of the main dwelling shall apply to the Zoning Board of Appeals for a special use permit. If the resident occupant is not the record owner of the premises, then all of the record owners of the premises shall give written consent to the resident occupant's application for a special use permit. The special use permit, when granted, shall be issued in the name of and for the benefit of the resident occupant; a special use permit shall not run with the land.
(5)
The occupancy, in whole or in part, temporary or permanent, of a permitted additional accessory use granted under a special use permit, is not permitted and shall not begin until the resident occupant applies for a building permit and a certificate of occupancy is issued under this Zoning Ordinance and under the Building Administrative Ordinance[2] and under the decision of the Zoning Board of Appeals granting a special use permit.
(6)
Unless otherwise specified, the procedure to be followed in obtaining a variance under this chapter, including fees to be paid, shall be the same for an application for a special use permit.
(7)
To such other and further conditions as may be imposed by the Zoning Board of Appeals as a condition to the granting of such special permit.
I.
Additional accessory uses existing as of the date of adoption of this chapter.
[Added 8-6-1984 by L.L. No. 5-1984]
(1)
Any additional accessory use permitted and existing as of the date of adoption of this chapter may continue; subject, however, to the conditions hereinafter set forth.
(2)
The resident occupant of premises which includes a permitted additional accessory use under the existing chapter shall be granted a special use permit, provided that the resident occupant can demonstrate that the existing additional accessory use complies with the terms and conditions of the existing chapter. If the Superintendent of Buildings shall reject such application, the resident occupant may then apply for a special use permit with the Zoning Board of Appeals.
[Amended 6-4-1990 by L.L. No. 2-1990; 12-6-1993 by L.L. No. 1-1993]
J.
Prohibited uses.
[Added 8-6-1984 by L.L. No. 5-1984]
(1)
The independent renting, leasing or hiring, including the offer to rent, lease or hire an accessory building, in whole or part, on a temporary or permanent basis, with or without compensation for use and occupancy by a person or persons not a member, guest or employee of the resident occupant family is prohibited.
(2)
The conversion of the main dwelling into separate living units, with or without kitchen and cooking facilities, on a temporary or a permanent basis, with or without compensation or payment and the independent renting or leasing or hiring, including the offer to rent, hire or lease the same, is prohibited.
K.
Farm operations.
[Added 10-6-2015 by L.L. No. 3-2015]
(1)
Notwithstanding any other provision of this chapter, a "farm operation" as defined in New York State Agriculture and Markets Law § 301(11) shall be a permitted use on property located within an agricultural district adopted by the County of Suffolk and certified by the Commissioner of Agriculture and Markets pursuant to Article 25AA of the New York State Agriculture and Markets Law, regardless of what zoning district such property is located.
(2)
No property shall be used for a "farm operation" and no building or structure utilized or to be utilized in connection with a "farm operation" shall be constructed or altered without site plan review approval by the Board of Trustees in accordance with the provisions of New York State Village Law § 7-725-a and this Subsection K.
(3)
An application for site plan review shall be submitted on forms prepared by the Village Clerk with the following documents:
(a)
Scaled site plan drawing of the property, showing boundaries and dimensions of the property; identifying contiguous properties, and any known easements, rights of way and roadways; showing the existing features of the property, including land and water areas, water and sewer systems; showing all existing buildings and structures on the property and immediately adjacent to the property; showing the location of the proposed building(s) and structure(s), means of ingress and egress, parking and circulation of traffic; showing the proposed location of specific land uses, such as pasture, crop fields, woodland, livestock containment areas, riding trails and manure storage/manure composting sites.
(b)
Scaled floor plans and elevation plans of proposed building(s) and structure(s).
(c)
A description of the "farm operation" and a narrative of the intended use of the land and the proposed building(s) and structure(s).
(4)
Upon the filing with the Village Clerk of an application for site plan review and upon deposit and payment of the cost of advertising and payment of an application fee, in an amount to be determined from time to time by resolution by the Village Board, the Village Clerk shall fix a time and place for a public hearing thereon. The Village Clerk shall mail notice of such hearing to the applicant and shall give public notice of such hearing in a newspaper of general circulation in the Village at least five days prior to the date thereof.
(5)
Site plan applications shall be reviewed for the following standards:
(a)
Overall impact on the neighborhood, including, but not limited to, compatibility of design considerations and adequacy of setbacks and screening from adjacent properties.
(b)
Adequacy of the site plan to avoid a negative impact on the health, safety and general welfare of the public, including, but not limited to, noise and odors.
(c)
Adequacy of the site plan to mitigate the impact of traffic on surrounding streets.
(d)
Adequacy of drainage systems to contain stormwater on the property.
§ 125-8 Building restrictions near shorelines.
[Amended 2-3-1964; 9-6-1994 by L.L. No. 4-1994]
Except as otherwise required in B and C Residence Districts, on a lot bounded by the shore of either Long Island Sound, Northport Bay or Duck Island Harbor and bounded or intersected by a road or highway, no new building of any kind shall be erected less than 10 feet from the line of an adjoining lot owned by another person or less than 15 feet from the high-water mark of Long Island Sound, Northport Bay or Duck Island Harbor or less than 50 feet from said road or highway, excluding, however, the construction of walkways or ramps when said walkway or ramp is part of the construction required to allow the recipient of a permit, issued by the Village Board of Trustees pursuant to Article IVA of this chapter, access to a permitted dock.
§ 125-9 Lot reduction.
No lot area shall be so reduced that the dimensions of any of the open spaces shall be smaller than herein prescribed.
§ 125-10 Height restrictions.
A.
In the residence districts, no main buildings shall be constructed, altered, enlarged, extended, reconstructed or raised so as to contain more than three stories or as to exceed in any part a height of 40 feet. In said A Residence Districts, no accessory building shall be constructed, altered, enlarged, extended, reconstructed or raised so as to contain more than one story or so as to exceed in any point a height of 24 feet, and in said B or C Residence Districts, more than two stories or so as to exceed in any part a height of 30 feet.
[Amended 2-3-1964; 1-7-2008 by L.L. No. 1-2008]
B.
The limitation as to height shall not apply to chimneys or to flag poles.
[Amended 6-4-1990 by L.L. No. 2-1990; 12-6-1993 by L.L. No. 1-1993]
§ 125-10.1 Fences.
[Added 12-1-2020 by L.L. No. 3-2020; amended 3-2-2021 by L.L. No. 2-2021; 5-2-2023 by L.L. No. 2-2023]
A.
Permit procedure.
(1)
No fence shall be erected, constructed or altered until a permit has been issued by the Superintendent of Buildings, upon submission and approval of the following:
(a)
Application form;
(b)
Except as provided in Subsection A(1)(f) hereof, a survey of the property line(s) along which the fence is to be located or from which it is to be set back and the location of the proposed fence;
(c)
Fence detail drawing;
(d)
Application fee; and
(e)
For fences, other than deer fences which are at least 95% transparent, located seaward of any house in Zone A on the north or south side of Asharoken Avenue, from Village Hall to Bevin Road, that exceed four feet in height, a special use permit from the Board of Zoning Appeals in accordance with § 125-11D.
(f)
If a fence is to be located on top of an existing bulkhead, a photograph of the bulkhead may be submitted in lieu of a survey.
(2)
Upon completion of the erection, construction or alteration of the fence, a certification of completion shall be issued by the Superintendent of Buildings upon:
(a)
The Superintendent of Buildings' inspection and determination that the fence has been erected, constructed or altered in accordance with the approved plans and specifications and
(b)
Submission to the Superintendent of Buildings of an affidavit of the property owner certifying that the owner is familiar with the location of the owner's property lines and the fence does not encroach onto adjacent properties.
(3)
The term "fence" includes fences of all types and materials, except living fences which are subject to the regulations set forth in § 125-10.2 and pool fences which are subject to the regulations set forth in § 125-32. The term "fence" includes walls of all types and materials, except retaining walls. Walls require a building permit in addition to a fence permit.
(4)
A permit shall be effective to authorize the commencement of work in accordance with the approved application and plans for a period of six months after the date of issuance.
B.
Fence regulations.
(1)
No fence, except deer fences, shall exceed a height of 6.5 feet from the existing grade at the base thereof. Deer fences which are at least 95% transparent shall not exceed a height of eight feet from the existing grade at the base thereof.
(2)
A fence located in a front yard must be setback at least 10 feet from the paved portion of any street.
(3)
A fence shall be constructed with a finished side facing any adjoining property or a street. No supports, posts or bracing shall be placed on the same side of the fence which faces adjoining property or a street. A double-sided fence (same on both sides) utilizing in line posts is permitted. A chain link fence and a deer fence must be screened from view by landscaping when facing a street.
(4)
Barbed wire, concertina wire, razor wire, chicken wire, welded mesh wire or similar or other pointed or sharp-edged wire or posts, other than the points of picket fences, which could cause injury to persons or animals is not permitted.
(5)
Fences topped with broken glass are not permitted.
(6)
Electrified fences are not permitted.
(7)
Fences made of solid plywood, flake board or scrap lumber are not permitted.
(8)
Fences made from bare concrete or unfinished concrete blocks are not permitted.
(9)
Fences that obstruct natural drainage or runoff are not permitted.
(10)
Construction fences are not permitted, except in connection with actual and on-going construction with a building permit.
(11)
A fence is not allowed on any beach, except a wood lath snow fence not exceeding four feet in height running parallel to the water, for which no permit is required.
(12)
A fence, including a wood lath snow fence, is not allowed in any wetlands on the bay side or on the sound side on the vegetated dune, including beach lots from 296 through and including 516 Asharoken Avenue.
(13)
A fence shall be maintained in a sound structural condition and in good repair.
C.
Nonconforming fences.
(2)
A nonconforming fence shall not be extended, enlarged or moved, except in conformity with the provision of this section.
(3)
Unless in a state of disrepair, a nonconforming fence shall not be altered or replaced.
(4)
A nonconforming fence in a state of disrepair may be repaired or replaced in kind, provided such repair or replacement does not affect more than 50% of the existing linear length of the fence over the period of two years.
D.
Special use permit.
(1)
Fences, other than deer fences which are at least 95% transparent, located seaward of any house in Zone A on the north or south side of Asharoken Avenue from Village Hall to Bevin Road, that exceed four feet in height require a special use permit from the Board of Zoning Appeals in accordance with the procedure set forth in Article VII of Chapter 125.
E.
Agricultural district.
(1)
For property located within an agricultural district, the provisions of this § 125-10.1 shall not be applicable to:
(2)
The term "agricultural district" means an agricultural district adopted by the County of Suffolk and certified by the Commissioner of Agriculture and Markets pursuant to Article 25AA of the New York State Agricultural and Markets Law.
F.
Penalties for offenses. Upon conviction thereof, any person or legal entity violating any provision of this section shall be subject to a fine of not more than $250 for each offense.
§ 125-10.2 Living fences.
[Added 12-1-2020 by L.L. No. 3-2020; amended 3-2-2021 by L.L. No. 2-2021]
A.
Definition. The term "living fence" means any tree or shrub, including, but not limited to, privet, arborvitae, boxwood, willow, juniper, holly, skip laurel and similar trees and shrubs planted along or parallel to a property line for privacy.
B.
Living fence regulations.
(1)
Living fences shall be planted and maintained a sufficient distance from the property line to prevent encroachment onto the adjacent property.
(2)
A living fence located seaward of any house in Zone A on the north or south side of Asharoken Avenue, from Village Hall to Bevin Road, shall not exceed the height of four feet.
C.
Nonconforming living fences.
(2)
Except as provided in Subsection C(3), unless diseased or dead, a nonconforming living fence shall not be replaced.
(3)
A nonconforming living fence that is diseased or dead may be replaced in kind, provided such replacement does not affect more than 50% of the existing linear length of the living fence over the period of two years.
D.
Penalties for offenses. Upon conviction thereof, any person or legal entity violating any provision of this section shall be subject to a fine of not more than $250 for each offense.