Dering Harbor City Zoning Code
ARTICLE I
Short Title; Legislative Findings and Determination; Definitions
§ 230-1 Short title.
This chapter shall be known and may be cited as the "Zoning Regulations of the Village of Dering Harbor."
§ 230-2 Legislative findings and determination.
A.
The Board of Trustees of the Village of Dering Harbor has appropriately availed itself of the powers conferred by the Village Law of the State of New York to enact building zone regulations by duly appointing a Zoning Commission pursuant to the provisions of § 7-710 of such law, and such commission has filed a preliminary report, held a public hearing thereon, and thereafter filed a final report. The report and proposals of the Zoning Commission appointed to consider the advisability of enacting regulations affecting the use of land, the erection of structures thereon and other matters is, in large measure, factually correct and in general contains sound judgments, conclusions and recommendations. The Village Clerk is, therefore, directed to maintain a permanent file of such report and similar relevant material for background and reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Accordingly, the Board of Trustees finds and determines as a basis for establishing a general policy on development and zoning and the regulation thereof:
[Amended 11-4-2000 by L.L. No. 2-2000]
(1)
The Village of Dering Harbor is peculiarly unique not only in that it is the smallest Village in the state, but that it is situated on Shelter Island, which comprises an entire town with its own zoning ordinance providing for adequate nearby community shopping and other facilities as well as a wide variety of housing types permitted and existing. Moreover, the land in the entire Village is subject to covenants running with the land which precludes any commercial or industrial uses or activities. This chapter recognizes these facts and the relationship between the Village and the town of which it is a part.
(2)
The natural beauty of the Village, with its rare undisturbed wooded area, its tidal marshes too important to ecology, its scenic outlooks over Dering Harbor, Greenport Harbor and Peconic Bay, its limited existing public facilities consisting primarily of a public water supply system and public thoroughfares not designed for any considerable traffic carrying capacity are also recognized in these regulations which are designed among other things to preserve to the maximum extent possible the unspoiled character of the land and the limited existing development and residential environment.
(3)
Regulations should be and are hereby made which will conserve the natural beauty of the terrain and maintain the existing pattern of development along residential lines, relying upon nearby areas in the town and the inter-community composite of which it is a part for the other than residential services and opportunities necessary to the inhabitants of the Village. The Board of Trustees therefore directs that no commercial activity is allowed to take place within the boundaries of the Village of Dering Harbor.
(4)
Appropriate levels of the intensity of land occupancy must be and hereby are established to preserve and protect existing community values by preventing inharmonious or deleterious uses, particularly those uses which can be more appropriately and economically provided elsewhere in the larger intercommunity area, such as any commercial activity, and to obviate the construction of public highways, sanitation and other facilities and the furnishing of municipal services.
(5)
The water supply system of the Village should be protected from pollution and demands on its capacity beyond its ability to cope.
(6)
The character, stability, integrity, and the value of the land of the community should be preserved and protected.
§ 230-3 Purposes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter establishing and adopting zoning regulations pursuant to Article 7 of the Village Law of the State of New York and, for the purposes set forth therein, is enacted in accordance with a Comprehensive Plan for the development of the Village and designed to protect and promote the public health, safety and welfare, which plan is derived from the foregoing basic findings and related development policies and has the following purposes:
A.
To guide the future growth and development of the Village in accordance with a Comprehensive Plan that represents the most beneficial and convenient relationships among the areas within the Village, considering the suitability of and potential for the uses and regulations applicable, having regard for existing conditions and trends both within the Village and in adjoining areas.
B.
To provide adequate light, air and privacy; to secure safety from fire and other danger and to prevent overcrowding of the land and undue congestion of population.
C.
To protect the established character and the social and economic stability of the Village, ensure that all development shall be orderly and beneficial, balance public and private interests, conserve land value, facilitate the adequate provision of transportation, water, sewerage and other public requirement and services by limiting development to a degree commensurate with the availability and capacity of such public facilities and services, prevent the pollution of the land, water and environment, safeguard water resources and encourage the wise use and sound management of natural resources throughout the Village to preserve the beauty of the community and the value of the land.
§ 230-4 Definitions; word usage.
A.
Word usage generally. For the purpose of this chapter, words in the singular include the plural and those in the present tense shall also imply the future tense. The word "person" includes a corporation as well as an individual; the words "shall" and "must" are always mandatory, and the words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied." As a general rule of construction, words shall be accorded their common meaning unless otherwise defined or the context requires a different interpretation, bearing in mind the central purpose of this chapter. The word "Village" means the Incorporated Village of Dering Harbor; "Board of Trustees" means the duly elected Board of Trustees of said Village; "Board of Appeals" means the duly appointed Board of Appeals of the said Village; "town" means the Town of Shelter Island.
B. ACCESSORY BUILDING ACCESSORY USE ACRE BUILDING BUILDING AREA BUILDING INSPECTOR DRIVEWAY DWELLING FAMILY(1) (2) (3) (4) (5) FLOOR AREA FLOOR AREA, GROUND FRONTAGE HEIGHT OF A BUILDING HOME OCCUPATION LOT LOT, AREA OF LOT, CORNER LOT COVERAGE LOT DEPTH LOT, FLAGPOLE LOT, INTERIOR LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT, THROUGH LOT, WIDTH OF NONCONFORMING BUILDING OR STRUCTURE NONCONFORMING LOT NONCONFORMING USE PROHIBITED USE SETBACK SIGN STREET STREET LINE STREET, MINOR STRUCTURAL ALTERATION STRUCTURE SWIMMING POOL USE WATERFRONT FACILITY YARD, FRONT(1) (2) YARD, REAR YARD, SIDE
Word usage specifically. The following words and phrases shall, for the purpose of this chapter, unless otherwise expressly stated, have the meaning herein indicated:
A building or structure which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, swimming pool, or dish antenna, whether attached or detached to or from the principal building or any other building on the lot. An accessory building may not contain kitchen facilities. Sleeping and sanitary facilities are permitted only as authorized under § 230-23. An accessory building must meet these requirements whether it is attached or separate from a principal building or any other building or structure, or accessory building.
[Amended 4-5-1986 by L.L. No. 1-1986; 11-4-2000 by L.L. No. 2-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
The standard measure of area equal to 43,560 square feet.
[Amended 4-10-2021 by L.L. No. 1-2021]
A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet and intended for the shelter, housing or enclosure of persons, animals or chattels.
[Amended 4-10-2021 by L.L. No. 1-2021]
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings.
The person duly appointed to serve in such capacity by the Village Board.
[Added 4-10-2021 by L.L. No. 1-2021]
The area of a lot, whether improved or in a natural condition, by which vehicles take access to said parcel.
[Added 4-10-2021 by L.L. No. 1-2021]
A building, or part thereof, including any appurtenances, used and occupied, or intended to be so used, for human habitation.
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
[Amended 4-5-1986 by L.L. No. 1-1986; 6-14-1986 by L.L. No. 3-1986; 11-4-2000 by L.L. No. 2-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping unit.
The group shares expenses for food, rent, utilities or other household expenses.
The group is permanent and stable, and not transient or temporary in nature.
Any other factor reasonably related to whether the group is the functional equivalent of a family.
The sum of the horizontal areas of the floors of a main building and accessory buildings on a lot, excluding unfinished attics, basement or cellar floor areas not devoted to habitable space, but including the area of all roofed porches, terraces, breezeways and similar features. All dimensions shall be measured between interior faces of walls.
[Added 4-10-2021 by L.L. No. 1-2021]
The area of a building and other impermeable surfaces and structures in square feet as measured in a horizontal plane at the ground level. Ground floor area shall be measured to the outside of the exterior walls.
[Added 4-10-2021 by L.L. No. 1-2021]
The portion of a lot measured along the lot line that abuts a street.
[Amended 4-10-2021 by L.L. No. 1-2021]
The vertical distance measured in the case of a building with a flat roof, from the finished grade level to the level of the highest point of the roof beams, and in the case of a building with a pitched roof, from the finished grade level to a point halfway between the top of the plate and the ridge.
Any use customarily conducted within a dwelling, provided it is carried on solely by the residents of the dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling and there is no external evidence of such use.
A parcel of land, whether or not shown as a single lot on a duly recorded plat, occupied or designed to be occupied by one dwelling and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such buildings and as are required under the provisions of this chapter, having not less than the minimum area and width required in the district in which such land is situated and having frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
The total horizontal area of a lot exclusive of land in the bed of any street or navigable waterway.
[Added 4-10-2021 by L.L. No. 1-2021]
A lot at the junction of and fronting on two or more intersecting streets. A lot abutting upon a curved street shall also be considered a corner lot. In the case of a corner lot, there shall be only one rear lot line. The rear lot line shall be the lot line opposite the shorter front lot line (exclusive of the corner arc). If the front lot lines are the same length, the owner shall designate one of the opposite lines as the rear lot line.
[Added 4-10-2021 by L.L. No. 1-2021]
That percentage of lot area covered by the ground floor area of all buildings and other impermeable surfaces and structures, excluding fences, walls, bulkheads, docks, exterior walkways and stairs, parking areas and driveways. Lot coverage is computed by dividing the lot area into the ground floor area.
[Added 4-10-2021 by L.L. No. 1-2021]
The length of the line which can be drawn from the center of the front lot line to the center of the rear lot line.
[Added 4-10-2021 by L.L. No. 1-2021]
A lot shaped like a pole with a fully extended flag at the upper portion thereof, the bottom of the pole being at the street line, the pole portion of the lot having a minimum width of 15 feet for its entire length being designed for use as access to the flag portion of the lot where the principal structure is or will be constructed (sometimes called a "dog-leg" lot).
[Added 4-10-2021 by L.L. No. 1-2021]
A lot other than a corner lot.
[Added 4-10-2021 by L.L. No. 1-2021]
The street line at the front of a lot, except that in the case of a flagpole lot, the front lot line used for the determination of width of lot and the required front yard, which front lot line shall be one of the internal lot lines designated by the owner.
[Added 4-10-2021 by L.L. No. 1-2021]
The lot line opposite the front lot line.
[Added 4-10-2021 by L.L. No. 1-2021]
Any lot line other than a rear lot line or a front lot line.
[Added 4-10-2021 by L.L. No. 1-2021]
A lot extending from one street frontage through to another street frontage.[1]
[Added 4-10-2021 by L.L. No. 1-2021]
The dimension of a lot measured from side lot line to side lot line along a line perpendicular to the lot depth line at the required minimum front yard setback.
[Added 4-10-2021 by L.L. No. 1-2021]
A building or structure lawfully existing at the time of the effective date of this chapter or an amendment hereto which does not conform to the dimensional regulations pertaining to the district in which it is located.
[Added 4-10-2021 by L.L. No. 1-2021]
A parcel of land lawfully existing at the time of the effective date of the adoption of the Zoning Law on August 22, 1970, or an amendment hereto, which does not conform to the dimensional regulations pertaining to the district in which it is located.
[Added 4-10-2021 by L.L. No. 1-2021]
A use of land lawfully existing at the time of the effective date of this chapter or an amendment hereto which does not conform to the use regulations pertaining to the district in which it is located.
[Amended 10-10-2020 by L.L. No. 6-2020; 4-10-2021 by L.L. No. 1-2021]
A use of a building or other structure, lot or part thereof which is not a permitted, special exception or accessory use pursuant to the use regulations of the district in which it is located.
[Added 4-10-2021 by L.L. No. 1-2021]
The horizontal distance from a lot line to the part of a building or structure nearest thereto.
[Amended 4-10-2021 by L.L. No. 1-2021]
Every kind of billboard, signboard and other shape, device or display arranged, intended, designed, used or having the effect of an advertisement, announcement, or direction, including any text, symbols, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building, structure or vehicle except a vehicle moving along a street or owned by a public utility and being necessarily parked on a street, and except a poster or announcement required or permitted by law to be displayed on any premises or structure.
Any federal, state, county or municipal highway or road, or any street shown upon a subdivision map filed in the County Clerk's office, and any private road providing access to subdivided parcels approved by the Planning Board or existing prior to the adoption of the Zoning Law on August 22, 1970. An easement providing access to an individual lot shall not be considered to be a street.
[Added 4-10-2021 by L.L. No. 1-2021]
The dividing line between a lot and a street right-of-way.
[Added 4-10-2021 by L.L. No. 1-2021]
Streets including private roads or rights-of-way that are deemed minor by the Board of Trustees, including but not limited to Gardiner Way, Dering Lane, Havens Road, Nicoll Road, Yoco Road and South Street.
[Added 4-10-2021 by L.L. No. 1-2021]
Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof.
[Amended 4-10-2021 by L.L. No. 1-2021]
Anything constructed or erected on, under or over the ground or upon a building or other structure or building, excluding underground sanitary septic systems and drainage pools, and exterior walkways, provided that anything constructed thereunder or thereover shall not be excluded.
[Amended 4-10-2021 by L.L. No. 1-2021]
Any body of water, other than tidal or a natural pond, or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside, in whole or in part, any building.
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied, improved or maintained.
A bulkhead, pier, wharf, revetment, dock, piling, or similar structure to which a vessel or watercraft may be secured, such building on such structures or contiguous to them used for the storage of equipment and changing of clothes, including a boathouse or bathhouse, and other structures necessary for access to the water from the upland area, including walkways, paths, boardwalk, stairs and steps.[2]
[Added 6-8-2019 by L.L. No. 4-2019]
An open, unoccupied space on the same lot with a building situated between the nearest roofed portion of the principal building and the front lot line of the lot and extending from side lot line to side lot line in the case of interior lots.
[Added 4-10-2021 by L.L. No. 1-2021]
A corner lot shall have two such front yards situated between the nearest roofed portion of the principal building and the front lot line along each street on which the lot fronts, except in the case of a corner lot where one of the streets is designated a minor street there shall be one front yard and a side yard along the minor street.
A through lot shall have two such front yards situated between the nearest roofed portion of the principal building and the front lot line along each street on which the lot fronts, except in the case of a through lot where one of the streets is designated a minor street there shall be one front yard and a rear yard along the minor street.
A space on the same lot with a building situated between the nearest roofed portion of the principal building and the rear lot line of the lot and extending from side lot line to side lot line.
[Added 4-10-2021 by L.L. No. 1-2021]
A space on the same lot with a building situated between the nearest roofed portion of the principal building and the side lot line of the lot and extending through from the front yard or from the front lot line, where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.
[Added 4-10-2021 by L.L. No. 1-2021]