Brightwaters City Zoning Code
ARTICLE VI
Supplemental Regulations
§ 128-20 Performance standards.
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.
§ 128-20.1 Maintenance of properties.
[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.
§ 128-21 Split-level houses.
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.
§ 128-22 Setbacks.
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
§ 128-23 Permitted encroachments.
The following encroachments are hereby permitted:
§ 128-24 Minimum lot road frontage; single-building limitation.
[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.
§ 128-25 Vision clearance on corner lots.
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.
§ 128-26 Fences, hedges and retaining walls. [1]
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.
§ 128-27 Reduction of lot size.
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.
§ 128-28 Obstructions in yards.
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.
§ 128-28.1 Wind-power-generating facilities prohibited.
[Added 1-4-2010 by L.L. No. 2-2010]
Wind-power-generating facilities are prohibited on all parcels in the Village.
§ 128-29 Total building area.
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.
§ 128-30 Side yards.
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.
§ 128-31 Rear yards.
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]
§ 128-32 Location of accessory buildings.
[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.
§ 128-33 Adequate light and ventilation required.
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.
§ 128-34 Building height.
[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.
§ 128-35 Decks.
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]
§ 128-36 Drainage.
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.
§ 128-37 Electrical distribution and transmission lines.
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.
§ 128-38 Swimming pools.
[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.
§ 128-39 Lighting and banners.
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.
§ 128-40 Garages.
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.
§ 128-41 Use of vacant land in residential districts for parking.
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.