In a Residence A District, no building, structure or lot shall be used or occupied for any purpose other than one of the following:

(a)

A single-family, detached dwelling.

(b)

Churches and other recognized places of worship and parish houses; provided, however, that no more than ten (10) percent of the floor area of the structure used as a church, place of worship or parish house be employed for administrative work, and that no part of any structure be used for any manufacturing or commercial purpose, whether or not incidental or accessory to the religious purposes thereof.

(c)

Public parks and municipally operated playgrounds and recreation areas.

(d)

Municipal government facilities of the village.

(e)

Primary and secondary public schools.

(f)

Agriculture, provided that:

(1)

There shall be no roadside stand, display or signs except one sign not exceeding four (4) square feet in area.

(2)

No manure pile or fertilizers, except dehydrated, odorless fertilizers, shall be maintained or stored except in enclosed containers, pits or similar enclosures and at the location prescribed in section 21-418(1) of this chapter.

(3)

Nothing shall be sold from such premises except products grown or produced thereon.

(4)

No barn shall be erected, used or maintained within thirty (30) feet from any lot line.

(5)

All farm equipment shall be stored in covered buildings upon the premises except when in actual use.

(g)

Accessory uses and accessory buildings, as defined in section 21-1, subject to the restrictions set forth in Division 1 of Article V, such accessory uses to include, among others:

(1)

Farming, as defined in section 21-1.

(2)

In a dwelling: The office of a physician, surgeon, dentist, chiropractor, accountant, architect, engineer or lawyer; the studios of an artist or musician; provided, however, with respect to each of those accessory uses referred to in subsection (g)(2) of this section, 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 thirty (30) percent of the ground-floor area of the dwelling unit be used therefor and that no part of such profession or art be carried on in any accessory building; and provided, further, that no part of any dwelling or accessory building be used for rooming or boarding of the clients, patients or students of such professional, artist or musician; and provided, further, that there be no display or advertising on the premises of such use and that no assistants, whether paid or not, shall participate in such use, except, in the case of a profession, that two (2) assistants may be employed if the nature of the profession is such as to require such number of assistants, that any musician's or sculptor's studio shall be equipped and used in such manner that any sounds therefrom are not unduly annoying to other persons in nearby premises or public places and that not more than one profession carried on in any one dwelling as an accessory use thereto. If husband and wife jointly carry on a profession, home occupation or art, they shall be considered as one subject to the limitations imposed upon a single practitioner or such profession or art.

(3)

Home occupations, subject to the restrictions set forth in Division 2 of Article V.

(4)

A building, structure and/or use, which is subordinate to or customarily incidental to an existing permitted principal dwelling, located on the same lot. Accessory buildings and/or uses shall include a private garage, shed, pool house, private green house, gazebo, pergola, pavilion, barn and children's play house. No accessory building shall have a kitchen and/or bathroom facilities or used for sleeping or income producing purposes.

Accessory structures and/or uses shall include, but not limited to: fences, decks, patios, arbors, pergolas, pavilions, terraces, canopies and tents larger than one hundred (100) square feet, platforms, signs, athletic courts, hot tubs, spas and swimming pools.

(5)

Signs, subject to the restrictions hereinafter set forth in division 5 of article V.

(h)

Reserved.

(i)

Any uses not specifically set forth 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.

(Code 1975, § 90-6; L.L. No. 2-1981; L.L. No. 4-2002)

Editor's note— L.L. No. 5-2007, adopted Mar. 26, 2007, deleted § 21-217 in its entirety. Former § 21-217 pertained to applicability of area restrictions and derived from Code 1975, § 90-7.

In the Residence A District no building hereinafter constructed, erected or altered shall exceed thirty-two (32) feet in height, and must be set back from all property lines so that the height of any point of the building is not greater than the horizontal distance of the point from the nearest property line to the building or structure at that location or protrude through a diagonal line formed by a forty-five-degree pyramid angle from all property lines. Chimneys are exempt from said restrictions. Accessory buildings and structures shall not be subject to the pyramid law.

(Code 1975, § 90-8; L.L. No. 3-1989; L.L. No. 6-1989; L.L. No. 6-2005; L.L. No. 5-2007)

In the Residence A District, no building shall be erected or altered on a lot, other than a corner lot, having an area of less than forty thousand (40,000) square feet or upon a lot, other than a corner lot, having a width of less than one hundred fifty (150) feet at its frontage upon a street.

(Code 1975, § 90-9; L.L. No. 4-1993, § 2)

In the Residence A District, there shall be a front yard having a depth of not less than fifty (50) feet except that, if forty (40) percent or more of the frontage on that side of the street between two (2) intersecting streets is improved with buildings a majority of which have an average front yard line greater than fifty (50) feet, the variation between such setbacks establishing the average being not more than six (6) feet, then no building shall project beyond the average front yard so established. However, this regulation shall in no case require a front yard depth of more than seventy-five (75) feet.

(Code 1975, § 90-10)

In the Residence A District, there shall be two (2) side yards, one on each side of the building, the total width of both to be not less than sixty (60) feet, and no one side shall be less than twenty (20) feet in width.

(Code 1975, § 90-11)

In the Residence A District, there shall be rear yard having a minimum depth of sixty (60) feet.

(Code 1975, § 90-12)

In the Residence A District, no building or structure shall be erected on a corner lot having a total area of less than forty thousand (40,000) square feet or having frontage of less than one hundred seventy-five (175) feet upon a street. That portion of a corner lot which has frontage upon the street which the main entrance of the building faces, as shown by plans or physical layout, shall be deemed the front thereof; that portion of the corner lot having frontage upon another street shall be deemed a side yard but such side yard shall be measured as, and have a depth equal to, a front yard; that portion of a corner lot on the side of the structure opposite to the last mentioned side shall be deemed a side yard and shall have a minimum width of twenty (20) feet.

(Code 1975, § 90-13)

(a)

The designation of front and rear yard for interior through lots shall accord with the orientation of existing principal dwelling. The designation of front and rear yards for new construction on a vacant lot shall be made by the building inspector.

(b)

Interior through lots in the Residence A District shall be subject to the following minimum yard set backs:

(1)

Sixty (60) feet for the main building or dwelling.

(2)

Fifty (50) feet for any accessory buildings;

(3)

Fifteen (15) feet for any accessory structures;

(4)

Fifteen (15) feet for a swimming pool.

(Code 1975, § 90-14; L.L. No. 2-2006)

(a)

Main building and accessory buildings: In the Residence A District the maximum total building area for the main building and all accessory buildings shall not exceed fifteen (15) percent of the total lot area.

(b)

Accessory structures: In the Residence A District the total maximum area for occupancy of accessory structures shall not exceed twenty-five (25) percent of the total rear yard area. If an accessory structure is located in the front and/or side yards then it must be included with and conform to the total lot area coverage set forth in subsection (a).

(Code 1975, § 90-15; L.L. No. 2-2006)

(a)

In the Residence A District all accessory building shall be located in the rear yard of a lot. No accessory building shall exceed fifteen (15) feet in height and must be set back at least fifteen (15) feet from any property line. On corner lots or through lots the accessory building must be set back at least fifty (50) feet from the lot line abutting a street.

(b)

In the Residence A District, unless addressed specifically elsewhere in this chapter, all structures and accessory structures must be located in the rear yard of a lot and be setback at least fifteen (15) feet from all property lines. No structure and/or accessory structure shall exceed fifteen (15) feet in height.

(Code 1975, § 90-16; L.L. No. 6-2005; L.L. No. 5-2007)

The Residence A District, no fence or wall may be erected having a height greater than four (4) feet from the ground except as follows:

(a)

Where a residence has been erected a six-foot fence may be erected in the rear yard with the following limitations:

(1)

On an interior lot a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines.

(2)

On a corner lot a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines except that no fence shall project closer to the street fronting on a side yard than the width of the required side yard.

(3)

On a through lot a six-foot fence may be erected in the rear yard along the two (2) side lot lines, but not closer to a street than fifty (50) feet.

(Code 1975, § 90-17; L.L. No. 3-1992)

In the Residence A District, no building shall be hereafter erected or altered unless provision shall be made for the off-street parking of vehicles to the extent of one (1) parking unit, two hundred (200) square feet, for each dwelling unit. All places of public assembly within the Residence A District, such as auditoriums, churches, schools and similar uses: one parking unit for each ten (10) permanent seats or, where there are no permanent seats, for an area equal to that which ten (10) permanent seats would require.

(Code 1975, § 90-18)

Editor's note— L.L. No. 5-2007, adopted Mar. 26, 2007, moved the information found in Art. IV, Div. 2A, §§ 21-229—21-231 to Art. V, Div. 1A, §§ 21-402—21-404.

In the Residence AA District, no building, structure or lot shall be used or occupied for any purpose other than a use permitted in the Residence AA District.

(Code 1975, § 90-19; L.L. No. 5-2007)

In addition any other requirements set forth in this chapter, the area restrictions applicable to any property located in the Residence "AA" District shall be the same as those set forth in article IV, division 2 of this chapter—Residence A District, except that no building shall be constructed, erected or altered in the Residence AA District unless said lot shall have an area of at least eighty thousand (80,000) square feet and have at least two hundred (200) feet of frontage along a street.

(Code 1975, § 90-20; L.L. No. 9-1976; L.L. No. 4-1993, § 1; L.L. No. 6-2005)

(a)

The designation of front and rear yard for interior through lots shall accord with the orientation of existing principal dwelling. The designation of front and rear yards for new construction on vacant lots shall be made by the building inspector.

(b)

Interior through lots in Residence AA District shall be subject to the following minimum rear yard set backs:

(1)

Sixty (60) feet for the main building or dwelling.

(2)

Fifty (50) feet for any accessory buildings;

(3)

Fifteen (15) feet for any accessory structures;

(4)

Fifteen (15) feet for a swimming pool.

(L.L. No. 2-2006)

In the Residence B District, no building or premises shall be used and no building shall be hereafter erected or altered except for one of the uses permitted as of right in a Residence A District or for one of the conditional uses permitted in a Residence A District, subject to the approval of the board of appeals and subject to the same limitations, standards and guides as are required for such conditional uses in a Residence A District.

(Code 1975, § 90-21)

Editor's note— L.L. No. 5-2007, adopted Mar. 26, 2007, deleted § 21-262 in its entirety. Former § 21-262 pertained to additional conditional use and derived from Code 1975, § 90-22.

In addition to the area restrictions of general application set forth in division 3 of article V hereof, the following specific area restrictions are applicable within the Residence B District.

(Code 1975, § 90-23)

The height requirements in a Residence B District shall be the same as in the Residence A District, as set forth in section 21-218 of this chapter.

(Code 1975, § 90-24)

No building shall be erected or altered in the Residence B District on a lot, other than a corner lot, having an area less than fifteen thousand (15,000) square feet or upon a lot, other than a corner lot, having a width of less than one hundred (100) feet at its frontage on a street.

(Code 1975, § 90-25; L.L. No. 1-1992, § 17)

In the Residence B District, there shall be a front yard having a depth of not less than forty (40) feet except that if forty (40) percent or more of the frontage on that side of the street between two (2) intersecting streets is improved with buildings, a majority of which have an average front yard line greater than forty (40) feet, the variation between such setbacks establishing the average being not more than six (6) feet, then no building shall project beyond the average front yard so established. However, this regulation shall in no case require front yard depth of more than sixty (60) feet.

(Code 1975, § 90-26)

In the Residence B District, there shall be two (2) side yards, one on each side of the building, the total width of both to be not less than forty (40) feet and no one side yard being less than fifteen (15) feet in width.

(Code 1975, § 90-27)

In the Residence B District, there shall be a rear yard having a minimum depth of fifty (50) feet.

(Code 1975, § 90-28)

In the Residence B District, no building or structure shall be erected on a corner lot having a total area of less than twenty thousand (20,000) square feet or having frontage of less than one hundred fifty (150) feet upon a street. That portion of a corner lot which has frontage upon the street which the main entrance of the building faces, as shown by plans or physical layout, shall be deemed the front thereof; that portion of the corner lot having frontage upon another street shall be deemed a side yard but such side yard shall be measured as, and have a depth equal to, a front yard; that portion of a corner lot on the side of the structure opposite to the last mentioned side shall be deemed a side yard and shall have a minimum width of fifteen (15) feet.

(Code 1975, § 90-29)

(a)

The designation of front and rear yard for interior through lots shall accord with the orientation of existing principal dwelling. The designation of front and rear yards for new construction on vacant lots shall be made by the building inspector.

(b)

Interior through lots in Residence B District shall be subject to the following minimum rear yard set backs:

(1)

Fifty (50) feet for the main building or dwelling.

(2)

Thrity-five (35) feet for any accessory buildings;

(3)

Fifteen (15) feet for any accessory structures;

(4)

Fifteen (15) feet for a swimming pool.

(Code 1975, § 90-30; L.L. No. 2-2006)

(a)

Main building and accessory buildings: In the Residence B District the maximum total building area for the main building and all accessory buildings shall not exceed twenty (20) percent of the total lot area.

(b)

Accessory structures: In the Residence B District the total maximum building area for accessory structures shall not exceed twenty-five (25) percent of the total rear yard area. If an accessory structure is located in the front and/or side yards then it must be included with and conform to the total lot area coverage set forth in subsection (a).

(Code 1975, § 90-31; L.L. No. 2-2006)

(a)

In the Residence B District all accessory building shall be located in the rear yard of a lot. No accessory building shall exceed fifteen (15) feet in height and must be set back at least ten (10) feet from any property line. On corner lots or through lots the accessory building must be set back at least thirty-five (35) feet from the lot line abutting a street.

(b)

In the Residence B District, unless addressed specifically elsewhere in this chapter, all accessory structures must be located in the rear yard of a lot and be setback at least ten (10) feet from all property lines. No structures and/or accessory structure shall exceed fifteen (15) feet in height.

(Code 1975, § 90-32; L.L. No. 6-2005; L.L. No. 5-2007)

In the Residence B District, no fence or wall may be erected having a height greater than four (4) feet from the ground except as follows:

(a)

Where a residence has been erected a six-foot fence may be erected in the rear yard within the following limitations:

(1)

On an interior lot a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines.

(2)

On a corner lot a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines except that no fence shall project closer to the street fronting on a side yard than the width of the required side yard.

(3)

On a through lot a six-foot fence may be erected in the rear yard to extend along the rear yard lot line and along the side lot lines, so long as that part of the fence along the rear lot line has plantings on the outside of said fence.

(Code 1975, § 90-33; L.L. No. 5-1992; L.L. No. 2-1996; L.L. No. 1-2006)

In the Residence B District, each building hereafter erected or altered shall have the off-street parking facilities required in the Residence A District.

(Code 1975, § 90-34)

In the Residence B District, such signs are permitted as are authorized under the provisions of division 5 of article V.

(Code 1975, § 90-35)

In the Business E District, no building or premises shall be used and no building shall be hereafter erected except for one or more of the following:

(1)

A single-family dwelling, subject to the area and density restrictions provided for such use in a Residence A District.

(2)

Dwelling or office space, or both, above an authorized use if separated therefrom by unpierced fire walls and ceiling and provided with a separate entrance. No building shall contain more than two (2) dwelling units.

(3)

Churches or similar places of worship with accessory parish houses.

(4)

Hotels and bed and breakfast establishments.

(5)

Public schools and private schools, as defined in section 21-1 of this chapter.

(6)

Shops and stores for conduct of wholesale and retail merchandising, provided no manufacturing or assembly work of any kind be carried on, either as principal or accessory use.

(7)

Personal service shops.

(8)

Banks, professional and business offices, restaurants and similar community services.

(9)

Shops for custom work made to individual order on the premises for sale at retail on the premises only and not including the finishing or assembling of goods manufactured in whole or part elsewhere than on the premises.

(10)

Depots for delivery and pickup of laundry and dry cleaning, provided no laundry is washed, processed, dyed, dry cleaned or otherwise treated upon the premises.

(11)

Retail ice dispensers and accessory electrical ice cube manufacturing facilities, provided sale is at retail and from the premises only.

(12)

Signs, subject to the requirements of division 5 of article V.

(13)

Motor vehicles sales rooms, provided:

a.

Such use is subject to the restrictions set forth in section 21-293(1), (2), (3) and (5) of this division.

b.

There shall be no outside gasoline pumps.

c.

There shall be no outdoor storage or display of vehicles.

d.

All signs shall conform to the requirements of section 21-294(6) of this article, in addition to the requirements of division 5 of article V of this chapter.

(14)

Daycare facilities.

(15)

No accessory buildings and/or uses are permitted in the Business E Zoning District.

(Code 1975, § 90-36; L.L. No. 5-2007; L.L. 1-2019, § 2)

Editor's note— L.L. No. 5-2007, adopted Mar. 26, 2007, deleted § 21-287 in its entirety. Former § 21-287 pertained to applicability of area restrictions and derived from Code 1975, § 90-37.

No building hereinafter constructed, erected or altered shall exceed thirty-two (32) feet in height. No existing accessory building or structure shall be expanded so that it exceeds fifteen (15) feet in height.

(Code 1975, § 90-38; L.L. No. 11-1990; L.L. No. 5-2007)

In the Business E District, there shall be a front yard having a depth of not less than ten (10) feet, except that where forty (40) percent or more of the frontage on that side of the street between the two (2) intersecting streets is improved with buildings, a majority of which have an average front yard line greater than ten (10) feet, the variation between such setbacks establishing the average being not more than six (6) feet, then no building shall project beyond the average front yard so established. However, this regulation shall in no case require a front yard depth of more than fifteen (15) feet.

(Code 1975, § 90-39)

In the Business E District, there shall be a rear yard having a minimum depth of twenty (20) feet; the rear yard may be used for the purposes of off-street parking and loading up to and within three (3) feet of each side line and rear property line.

(Code 1975, § 90-40)

In the Business E District, the total building area shall not exceed forty (40) percent of the total lot area.

(Code 1975, § 90-41; L.L. No. 9-1990)

Where a plot in the Business E District abuts premises located in a residential zone, the board of trustees shall have the right to require the owner or occupant of the business property to erect such fences or hedges, or both, and to establish such buffer strips along the boundary lines between the business property and the residential property, as the board may deem feasible.

In event shall a fence be erected that is greater than six (6) feet in height from the ground. Nor shall any fence be located in a front yard.

(Code 1975, § 90-42; L.L. No. 5-2007)

In addition to the standards, limitations and guides set forth in division 4 of article II, the following restrictions are hereby imposed upon each public garage permitted to be located within the Business E District:

(1)

No automobile repair work, auto washing, polishing or similar services shall be performed other than within a building.

(2)

All gasoline and other motor vehicle fuel shall be stored underground at least twenty-five (25) feet from any property line other than a street line.

(3)

All automobile parts, tires, batteries and accessories shall be stored and kept within a building and there shall be no outside display of any thereof.

(4)

No automobile gasoline pumps shall be located within twenty-five (25) feet of any street line.

(5)

No entrance driveway into any garage shall have a clear width of less than ten (10) feet.

(6)

No mechanical power exceeding ten (10) rated horsepower shall be used on the premises other than for lifts.

(7)

Outdoor storage or display of accessories, parts, portable signs, tires, rental vehicles or other goods are prohibited at all times.

(8)

The use of bright colored banners, whirling or other pennants, revolving signs and other novelties, floodlighting,

flashlighting and other external neon lighting shall be prohibited at all times.

(Code 1975, § 90-43)

In addition to the standards, limitations and guides set forth in Division 4 of Article II, the following restrictions are hereby imposed upon each gasoline service station permitted to be located within the Business E District:

(1)

All structures will be required to comply with the front yard setback requirements as established in the Business E District and in no case shall it be less than twenty-five (25) feet. Gasoline pumps are included in the term "structure."

(2)

A maximum of one pump island will be allowed for each seventy-five (75) feet of frontage along any highway.

(3)

Gasoline service station operations located within fifty (50) feet of a residence now or hereafter erected in an adjoining residence district will be required to provide and maintain a minimum of fifteen (15) feet of evergreen screen planting and stockade fencing of eight (8) feet in height. A minimum of ten (10) feet of evergreen screen planting and stockade fencing will be required where a residence is or hereafter may be erected within one hundred (100) feet of the gasoline station site.

(4)

Ingress and egress to the service station shall be limited to one each for each street frontage. Curbing and sidewalks shall be required along all street frontages. Such entrances or exits shall not be closer than twenty-five (25) feet to the corner of the property except where the gasoline service station site is on an interior lot, in which case such entrances or exits may be as close as but no closer than ten (10) feet to the corners of the property, and in no case shall the entrances or exits be wider than twenty-five (25) feet. Where there is a pie-shaped or rounded corner, the distance shall be measured from the point of tangency of the property line with the curve of the corner and minimum distance of fifteen (15) feet will be required in place of twenty-five (25) feet.

(5)

Outdoor storage and display of accessories, portable signs, parts, tires, rental vehicles or other goods shall be prohibited at all times. Lubrication, automobile washing and repair work shall take place within the building. No automobiles, trailers, boats or other vehicles or merchandise shall be displayed outside the building.

(6)

The use of bright-colored banners, whirling pennants, revolving signs and other novelties shall be prohibited at all times. The use of floodlighting, flashlighting and other external neon lighting shall be prohibited after 10:00 p.m., prevailing time. This restriction, however, is not intended to prohibit the use of ordinary interior or exterior lighting necessary for the operation of the filling station, provided all such lighting is so screened as to prevent glare into any adjoining premises.

(7)

Adequate drainage, paving and other plans showing compliance with the above provisions shall be submitted to the board of appeals and substantially followed.

(Code 1975, § 90-44)

Without being construed to permit by implication any use not heretofore set forth as permitted use, the following uses are specifically prohibited in the Business E District:

(1)

Manufacturing of any kind except as specifically permitted with respect to custom shops, as defined herein.

(2)

Storage warehouses.

(3)

Used car lots, automobile junkyards, wrecking yards or yards for the sale of secondhand automobile parts or accessories.

(4)

Motel, convalescent homes, nursing homes, camps, day camps, tourist courts, motor courts, places of amusement and bowling alleys.

(5)

Drive-through establishments of any kind whatsoever as defined in this chapter.

(Code 1975, § 90-45; L.L. No. 2-2003)

(a)

In the Business E District, no outdoor storage, displays or sales or any wares or merchandise of any nature shall be permitted in the area between the front building line and the street sidewalk upon which the building fronts. The village board may permit an outdoor display and/or sale on sidewalks and adjoining areas subject to the following:

(1)

The outdoor display and/or sale shall be restricted to areas zoned for business and be in accord with all zoning regulations pertaining thereto.

(2)

The outdoor display and/or sale shall be a part of a program sponsored by a bona fide commercial or mercantile organization, herein referred to as the "sponsoring organization," which has been actively in existence for at least one (1) continuous year prior to an application hereunder.

(3)

All participating displayers or sellers shall own or lease permanent premises within twenty-five (25) feet of the place where the outdoor display and/or sale will be conducted.

(4)

The sponsoring organization shall demonstrate that the outdoor display and/or sale serves the public purpose of furthering the commercial and mercantile growth and stability of the village at large.

(5)

The permit shall not adversely affect the public welfare.

(6)

The sponsoring organization shall pay a fee of three hundred dollars ($300.00) for each permit issued.

(b)

Restaurants, shops and stores that have, as their primary activity, the sale of food and beverage, shall be permitted to place and locate tables and chairs in front of their establishment (front yard) upon issuance of a special permit from the Village of Bellport Planning Board.

(c)

In order for a special permit to be issued, the applicant must provide reasonable proof that:

(1)

The outdoor seating would not require additional parking. If so, then the applicant can provide for same;

(2)

Health department approval, if necessary;

(3)

Issues such as number of tables and chairs, garbage can location, lighting, noise and pedestrian safety are resolved to the satisfaction of the planning board.

(d)

In no event shall a special permit be issued if:

(1)

The tables and chairs are on the village-owned sidewalk or property.

(2)

All tables and chairs must be a minimum of nine (9) feet from the curb.

(3)

Amplified music can be heard.

(4)

There are any tables or chairs for properties that front on two (2) roads (in order to assure the orderly flow of pedestrian traffic, automobile sight lines and health, safety and welfare of the public in general).

(e)

Fast food restaurants may be permitted in Business E Zoning District when authorized by special permit from the village board of trustees subject to the following terms and conditions:

(1)

The minimum lot area shall be 80,000 square feet.

(2)

The minimum front yard setback shall be 60 feet.

(3)

The minimum lot depth shall be 300 feet.

(4)

A minimum of 50 percent of the lot area shall be natural and undisturbed.

(5)

Drive-through windows shall not be permitted pursuant to this chapter.

(6)

There shall be no parking stalls in the required front yard.

(7)

There shall be no indoor or outdoor play areas.

(8)

All signs shall be flat finishes of muted colors and shall not be lighted internally. There shall be no exterior menu boards.

(9)

All applications shall be subject to site plan review by the planning board and AARB approval.

Exemptions:

Any drive-through establishment that has a valid certificate of occupancy, building permit, or has filed an application for site plan approval for a drive-through establishment and has had a hearing thereupon prior to the effective date of this Local Law.

(L.L. No. 8-1989; L.L. No. 2-2000; L.L. No. 2-2003)

In addition to the requirements of Division 5 of Article V, and notwithstanding any other part of this chapter, no banners, pennants, revolving signs, insignias and flags, except national, organizational or trade flags, shall be permitted in the Business E District, except upon a grant of a conditional use permit from the board of zoning appeals.

(L.L. No. 9-1989)

The village board recognizes the importance of the performing arts as an integral part of the Village of Bellport community. It is the intention of this law to provide a zoning district within the village that would allow performing arts to thrive and, at the same time, provide protection and safeguard the residents of the village. Therefore, it is the purpose and intent of this division of the zoning code to create a floating zone compatible with the comprehensive master plan and for the general health and welfare of the village. It is specifically intended that application of this zoning district to a given parcel of property would be deemed pursuant to and compatible with the comprehensive plan.

(L.L. No. 1-1995)

In the Cultural and Performing Arts District, no building or premises shall be used and no building shall hereafter be erected except for one or more of the following uses:

(1)

The production and display of live theatrical performances on a paid or unpaid admission basis.

(2)

The instruction and training for live theatrical performances and incidental to such instruction and training.

(3)

Residential facilities for the use of students, faculty, staff and visiting guest stars, and their relatives and acquaintances, where the stay at such residential facility is by students, faculty, staff and visiting guest stars participating in the theatrical performances or instruction taking place at the facility.

(4)

Restaurant facilities for the preparation and serving of meals to residents, faculty, staff, students and visiting guest stars and special events.

(5)

Dwelling quarters for caretakers or watchmen.

(6)

Off-street parking of motor vehicles operated by patrons of the performances, staff, students and faculty.

(7)

Administration offices, box offices; and snack and beverage concessions.

(L.L. No. 1-1995)

In addition to any other accessory uses permitted by this chapter, in the Cultural and Performing Arts District, accessory buildings may be used for carpentry purposes, for the creation of sets, decoration, signs and props; millinery purposes for the creation of costumes and decorations; studios for training and rehearsals; storage of sets, decorations, signs, props, costumes and other items; the parking of commercial vehicles and trailers, incidental to the uses permitted by section 21-299, above. All permitted and accessory uses and buildings shall only be utilized in the production, staging and related activities of the theatrical performances within the Cultural and Performing Arts District.

(L.L. No. 1-1995)

(a)

The minimum front yard building setback shall be forty (40) feet.

(b)

The parking of motor vehicles shall be permitted in all required yards, but shall be set back a minimum of twenty-five (25) feet, unless the parking area is utilized for parking purposes for five (5) hours or less per day. Paved parking purposes for five (5) hours or less per day. Paved parking areas provided for the physically challenged in order to meet the goals and objectives of the Americans with Disabilities Act, together with handicapped accessibility ramps, may be located in any required yard.

(c)

The minimum side yard building setback shall be twenty (20) feet with total side yard setback of not less than sixty (60) feet.

(d)

The minimum rear yard building setback shall be sixty (60) feet.

(e)

Building coverage shall not exceed thirty (30) percent of the site.

(f)

The maximum building height shall be thirty-five (35) feet or two and one-half (2½) stories above mean adjacent grade whichever is less, with the exception that structures used for theater purposes may not exceed forty-five (45) feet above mean adjacent grade.

(g)

Whenever a Cultural and Performing Arts District abuts a residential district, the more restrictive side yard and/or rear yard setbacks shall apply.

(h)

In connection with an application for inclusion in this district, the applicant shall submit an on-site parking plan and a landscape plan prepared by a licensed engineer, surveyor, or landscape architect depicting proposed buffer areas, landscaping and screening so as to adequately buffer adjacent properties.

(L.L. No. 1-1995)

In the Cultural and Performing Arts District, the total lot area shall not be less than five (5) acres.

(L.L. No. 1-1995)

There shall be sufficient off-street parking to accommodate the maximum amount of patrons, employees and guests that may be on the site at any given time. Parking facilities may consist of grass fields, gravel and/or paved surfaces, depending upon the frequency of use and demand. At the time of application of this zoning district to a given site, the owner shall demonstrate by competent expert testimony compliance with these goals and objectives and shall thereafter be required to comply with any directive of the village board contained as a condition of approval of this zoning district. In event the village board, in connection with an application for site development, deems it necessary to retain the services of a traffic consultant to review the parking plan, the applicant shall reimburse all village expenses thereby incurred.

(L.L. No. 1-1995)

All uses not set forth in sections 21-299 and 21-300 are specifically prohibited in the Cultural and Performing Arts District.

(L.L. No. 1-1995)

In designating a particular parcel to be zoned "Cultural and Performing Arts District," the village board of trustees shall have the power to impose such conditions on the continued use of the premises as it shall deem necessary to protect the public health, safety and welfare. In such event, and prior to the zoning becoming effective, the property owner shall cause to be filed in the Office of the Clerk of Suffolk County, a covenant agreeing to said conditions in such form as shall be acceptable by the village attorney and approved by the village board of trustees. Any condition contained in said covenant shall be enforceable by the village board in a court of competent jurisdiction and any such condition can only be changed after the public hearing held on the same notice requirements for a change in the zoning classification and thereafter upon a favorable vote by a majority of the village board.

(L.L. No. 1-1995)

In addition to the requirements of Division 5 of Article V, and not withstanding any other part of this chapter, no banners, pennants, revolving signs, insignias and flags, except national, organizational or trade flags, shall be permitted in the Cultural and Performing Arts District, except upon a grant of a conditional use permit from the board of zoning appeals.

(L.L. No. 1-1995)

No building or premise shall be used and no building shall be erected, altered or added to, unless otherwise provided in this ordinance, except for the following permitted uses, special permit uses or accessory uses:

(a)

Permitted uses.

(1)

One-family residence dwellings;

(2)

Dance, music or other art, cultural or health instruction or practice studios and offices;

(3)

Real estate, insurance, legal, medical and architectural offices.

(b)

Permitted use by special permit.

(1)

Two (2) residential apartments on the second floor of those uses permitted in subsection (a)(2) or (3) of this section.

(2)

Daycare facilities as per article V, division 1A.

(3)

Bed and breakfast establishments, provided any additional requirements of section 21-312, section 21-313 and section 21-314 are satisfied.

(c)

Accessory uses.

(1)

No accessory uses or buildings are permitted for any of the uses contained in subsection (a)(2) and (3) and subsection (b).

(2)

Allowable accessory uses and building to subsection (a)(1) shall include, but [are] not limited to: a private garage, shed, pool house, private green house, gazebo, pergola, pavilion, barn and children's play house. No accessory building shall have a kitchen and/or bathroom facilities or used for sleeping or income producing purposes. Accessory structures and/or uses shall include fences, decks, patios, arbors, pergolas, pavilions, terraces, canopies and tents larger than one hundred (100) square feet, platforms, signs, athletic courts, hot tubs, spas and swimming pools.

(L.L. No. 2-1990; L.L. No. 5-2007; L.L. 1-2019, § 1)

(a)

Lot area.

(1)

Minimum lot area, twenty thousand (20,000) square feet.

(2)

Minimum lot width, one hundred (100) feet.

(3)

Maximum building area, twenty (20) percent.

(b)

Minimum yards.

(1)

Front: Forty (40) feet from the property line.

(2)

Side: Twenty-five (25) feet minimum, total side yard fifty (50) feet.

(3)

Rear yard: Thirty (30) feet.

(4)

No building or structure will be permitted in required yards and no parking will be permitted within fifteen (15) feet of rear property lines.

(c)

Maximum height. No building hereinafter constructed, erected or altered shall exceed thirty-two (32) feet in height. No accessory building or structure shall exceed fifteen (15) feet in height.

(L.L. No. 2-1990; L.L. No. 5-2007)

The following shall be additional requirements:

(1)

Site plan will be required of all permitted uses or accessory uses.

(2)

Screening and buffer regulations must be in accordance with requirements of this division.

(3)

Off-street parking and loading must conform to section 21-451(j) or 21-451(k) of this chapter. No parking is to be permitted in the front yard.

(4)

Landscaping site plans for the development of property regulated by this chapter must include an existing condition plan which indicates the location of existing isolated trees with a diameter of eight (8) inches or more, measured three (3) feet above the base of the trunk, as well as any other significant existing natural features. Site plans submitted must conform to the following standards:

a.

Landscaped front yard shall include either existing indigenous plants or new shrubbery or tree planting.

b.

Perimeter screen planting of ten (10) feet in width measured from the property line with perennial materials planted a minimum of ten (10) feet on center.

c.

Where parking areas are involved, shrubbery planting is required to break up and screen asphalt area. Architectural review board review is required prior to implementation.

(5)

Ingress and egress. Each site shall be limited to one curb cut.

(6)

The architectural design, scale and mass of buildings and other structures, including, among other elements, the exterior building material, color, roofline and building elevations shall be of such character as to harmonize and be compatible with the neighborhood so as to protect property values in the neighborhood and to preserve and improve the appearance and beauty of the community. New construction shall adhere to the purposes of this district, in whole or in part.

a.

Buildings shall be designed to achieve a small scale and residential appearance.

b.

Pitched-roofed buildings shall be required.

c.

Roof-top mechanical equipment shall be prohibited.

d.

Buildings shall be designed and located on the site so as to retain the existing topography and natural features of the land to the greatest extent possible.

(L.L. No. 2-1990; L.L. No. 1-1992, § 18)

In the Professional Business District, no fence or wall may be erected having a height greater than four (4) feet from the ground except as follows:

(a)

Where a structure has been erected a six-foot fence may be erected in the rear yard within the following limitations:

(1)

On an interior lot a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines.

(2)

On a corner lot a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines except that no fence shall project closer to the street fronting on a side yard than the width of the required side yard.

(3)

On a through lot a six-foot fence may be erected in the rear yard along the two (2) side lot lines, but not closer to a street than forty (40) feet.

(L.L. No. 4-1992)