Dering Harbor City Zoning Code
ARTICLE IV
Regulations Applicable to Both Districts
§ 230-9 Application; interpretation; irregular lots.
A.
The regulations set forth in this article shall apply to both districts.
[Amended 11-4-2000 by L.L. No. 2-2000]
B.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the protection of the public health, morals, safety, comfort, convenience and general welfare of the community.
[Amended 11-4-2000 by L.L. No. 2-2000; 7-9-2022 by L.L. No. 2-2022]
(1)
No building or structure shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with this chapter and particularly with the specific regulations for the district in which such building or land is located.
(2)
Every building hereafter erected shall be located on a lot as herein defined
(3)
There shall be no more than one principal building and its accessory buildings and structures and not more than one dwelling unit on any such lot.
(4)
Each principal building shall have only one dwelling with only one indoor kitchen. A "kitchen" is defined as a space used for preparing meals and containing one or more appliances used for that purpose. Two or more separate kitchen facilities in the principal building are strictly prohibited. Kitchen or kitchen facilities, except for outdoor kitchens, are strictly prohibited in any accessory building either attached or detached to the principal dwelling.
(5)
No yard on one lot shall be considered as a yard or a building on another lot, and, should a lot hereafter be subdivided from the part of a lot whether occupied by a building or not, such subdivision shall not result in the creation of a nonconforming lot, nor be effected in such manner as to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith.
(6)
No permit shall be issued for the erection of a building or structure on the new lot thus created unless it complies with all the provisions of this chapter.
(7)
All accessory buildings and structures, except fences, shall have the same front yard, side yard, and rear yard setbacks as required for principal buildings on the lot, except such lesser or greater setbacks as may be provided elsewhere in this chapter and such setbacks for driveways as provided in § 230-21.
C.
Where a question exists as to the proper application of any of the provisions of this chapter to a particular lot or parcel because of the peculiar or irregular shape or topography thereof, the Board of Appeals shall determine how such regulations shall be applied with the following procedures:
(1)
The owner of the property concerned shall make a written application in accordance with the provisions of Article VIII of this chapter, signed and sworn to, to the Building Inspector, for an interpretation of the proper application of such regulations or other provisions which shall set forth all the pertinent facts involved and be accompanied by a survey of the premises in question drawn to scale by a licensed land surveyor showing lot dimensions and the setback distances of any existing structures.
[Amended 7-9-2022 by L.L. No. 2-2022]
(2)
The Building Inspector shall make a preliminary determination thereon and refer it to the Board of Appeals for review.
(3)
The Board of Appeals, upon such referral, shall call a hearing in accordance with its regular procedure, shall at such hearing review the matter and issue its determination in the form of an opinion and decision by the Board of Appeals.
§ 230-10 Floor area of dwellings.
[Amended 11-4-2000 by L.L. No. 2-2000]
Excluding porches, breezeways, and attached or semiattached accessory buildings, the area of the first floor of a principal building shall not be less than 1,400 square feet, and further excluding basements and attics, the total floor area shall not be less than 2,000 square feet. The total floor area of any principal building shall not exceed 10,000 square feet exclusive of accessory buildings.
§ 230-11 Height of buildings.
No building shall exceed 35 feet in height.
§ 230-12 Height of structures.
No structure shall be higher than the distance from its base, or any attachment to the ground, to the nearest lot line.
§ 230-13 Height of vegetation.
[Amended 11-4-2000 by L.L. No. 2-2000]
No hedge, shrubbery or other product of the soil, other than a tree, shall be permitted to grow and no improvement shall be erected along the lines of a lot on a street corner, to a height greater than three feet within 25 feet of the corner as measured from the surface of the road at the base of the curb if any or edge of the road along the corner.
§ 230-14 Utility service.
All utility services shall be brought into private property underground.
§ 230-15 Fuel storage.
All containers and facilities for the storage of fuel shall be located beneath the surface of the ground; provided, however, that approved tanks for the storage of natural gas for normal household use, in suitable enclosures, are permitted on or above the surface of the ground. No pump for dispensing stored fuel shall be maintained within 40 feet of a street line nor upon any bulkhead, pier, wharf, or dock.
§ 230-16 Sewage disposal; stormwater management.
[Amended 3-9-2024 by L.L. No. 1-2024]
A.
Sewage disposal. All sewage shall be disposed in compliance with the regulations of the Suffolk County Department of Health.
B.
Stormwater management.
(1)
No person shall engage in a construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance, or increases site impervious surfaces, without first receiving approval of an erosion and sediment control and stormwater management plan by the Stormwater Management Officer (SMO) as designated under the provisions of Chapter 164, Stormwater Management and Erosion and Sediment Control.
(2)
The erosion and sediment control and stormwater management system shall be designed to minimize erosion and prevent sediment and stormwater runoff from leaving the site. Design of the erosion and sediment control and stormwater management system shall be consistent with general and specific community standards and comply with municipal management plans or control programs. Design shall be based on environmentally sound site planning and engineering techniques. The best available technology shall be used to minimize off-site stormwater runoff, increase on-site infiltration, encourage natural filtration functions, simulate natural drainage systems and minimize off-site discharge of pollutants to groundwater and surface water. Best available technology may include measures such as downspouts, gutters, leaching pools, retention basins, recharge trenches, porous paving and piping, contour terraces and bioswales.
(3)
All applications for a building permit shall include plans for erosion and sediment control and stormwater management. The SMO may waive the requirement for the submission of a plan where it is determined that the proposed construction activity does not increase site impervious surfaces or otherwise cause an increase in stormwater runoff.
(4)
The review of the plans for erosion and sediment control and stormwater management not associated with a building permit application shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution. The SMO may engage the services of a professional engineer to review the plans, specifications and related documents at a cost to be established by the Board of Trustees.
§ 230-17 Trailers; mobile homes.
[Amended 11-4-2000 by L.L. No. 2-2000]
No automobile or boat trailer, house-cars or mobile homes shall be used for human habitation, nor shall they be permitted to be parked in the open on private property.
§ 230-18 Outdoor lighting.
No outdoor lighting shall be used in such a way that rays are directly thrown beyond the property line.
§ 230-19 Fences, walls and hedges.
[Added 6-19-1971 by L.L. No. 1-1971; amended 7-6-1985 by L.L. No. 1-1985; 11-4-2000 by L.L. No. 2-2000; 4-14-2018 by L.L. No. 1-2018]
A.
Fences and walls. "Fences and walls" are defined as structures of wood, stone, metal, plastic, or other material, or combination thereof, bounding an area of land designed or intended to limit access to an area, or for defense, security, screening or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads. A "hedge," as hereinafter defined, shall not be considered to be a fence or wall. The following requirements shall apply to fences and walls in all districts:
(1)
No fence or wall in a front yard or along a street line shall have a height greater than four feet.
(2)
No fence or wall in a rear yard or side yard shall have a height greater than six feet.
(3)
In no case shall any fence have a height greater than six feet.
(4)
All fences to be erected shall have the finished side of the fence toward the adjoining street and to adjoining neighboring property(ies).
(5)
A fence or wall shall not be erected on a berm or another fence or wall unless the total height of the combination of such features does not exceed the standards in this section.
(6)
Fences and walls on corner lots shall be subject to the corner clearance requirements of § 230-13 herein.
(7)
To allow for visual clearance and snow removal, fences and walls shall be set back a minimum of four feet from the street right-of-way line or such other greater distance as may be determined by the Architectural Review Board. Where the boundary line for the property extends into the paved portion of the street, then such fence or wall shall be set back a minimum of four feet from the paved edge, curbline or sidewalk, whichever is greatest.
(8)
Notwithstanding any provision in this section to the contrary, a fence to protect the foliage of vegetation from being eaten by deer may be erected and maintained on a temporary basis. Such temporary fence shall be fabricated of welded wire mesh with forest green or black PVC coating. Fence posts shall also be forest green or black in color. Such temporary fence shall not exceed the height of the hedge, shrub or plant to be protected or five feet above the grade level, whichever is less. Such temporary fence shall be placed in such a manner that it is immediately adjacent to the hedge, shrub or ornamental plant to be protected so that it visually blends into the hedge, shrub or plant.
[Added 3-7-2020 by L.L. No. 2-2020]
B.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence, except that, where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall and further except that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsection A(1), (2) and (3) above.
C.
Review of fences and walls by the Architectural Review Board. Applications for all fences and walls, including fences for pools tennis courts and gardens, are subject to review and approval of the Architectural Review Board under the provisions of Article X of this chapter, except that a fence necessary to protect the foliage of ornamental vegetation as described in Subsection A that is erected and maintained on a temporary basis shall not require a building permit or review by the Architectural Review Board. The Architectural Review Board shall have the authority to impose greater setbacks or reduce the height of fences and walls.
[Amended 3-7-2020 by L.L. No. 2-2020]
D.
Hedges. A "hedge" shall be defined as any number of woody plants, whether capable of growing into trees or not, which are planted so as to be in a general line and, when mature, to be so integrated together as to form a barrier or screen. Such hedge need not represent or constitute the precise line of a boundary and may be plantings in a general linear or staggered line or form. Such terms include hedgerows, windrows and other forms of plantings running along the front lot line or street line. The following requirements shall apply to hedges in all districts:
(1)
The stem or trunk of a hedge in a front yard or along a street line shall be set back a minimum of four feet from the street right-of-way line. Where the boundary line for the property extends into the paved portion of the street, then such hedge shall be set back a minimum of four feet from the paved edge, curbline or sidewalk, whichever is greatest.
(2)
The landowner shall have a continuing obligation to maintain the hedge so the hedge does not encroach into the street or cause a safety hazard. Failure of a landowner to maintain a hedge installed after the effective date of this amendment at the required setback shall constitute a violation of this chapter.
(3)
A hedge on a corner lot shall be subject to the corner clearance requirements of § 230-13 herein.
(4)
A hedge in a side or rear yard (other than along a street line) and general landscaping beyond four feet of the street line are not regulated hereunder.
(5)
At least 10 days prior to the installation of the hedge, the landowner shall file notice with the Village Clerk of his/her/their intent to install a hedge in a front yard or along a street line. The landowner shall have the obligation to assure the hedge complies with the required four-foot setback, and it is recommended that a licensed surveyor stake the property line and the line of the hedge. The Village reserves the right to inspect the property during installation of the hedge to assure compliance.
(6)
Preexisting hedges. Nothing herein shall be construed to restrict or regulate a hedge that existed as of the effective date of this section.
§ 230-20 Tennis courts, sport courts and outdoor sports areas.
[Added 7-6-1985 by L.L. No. 1-1985; amended 10-19-1985 by L.L. No. 4-1985; 11-4-2000 by L.L. No. 2-2000; 10-13-2018 by L.L. No. 4-2018; 3-9-2024 by L.L. No. 1-2024]
Tennis courts, basketball courts, sport courts and any other outdoor sports areas shall have front yard, side yard and rear yard setback requirements of not less than 75 feet. The Board of Trustees finds that the noise created by the activities in the above sports courts and areas presumptively have a severe negative impact on the neighboring properties if the sports courts and areas are located less than 75 feet from those properties and negatively impacts the quality of life and welfare of the neighboring residents and the value of their property and of the other residents of the Village. To further mitigate potential noise impacts, all tennis courts, basketball courts, sport courts and any other outdoor sports area shall include appropriate sound attenuation measures, including but not limited to sinking the court, solid walls and landscaping, to be reviewed and approved by the Architectural Review Board.
§ 230-21 Driveways; off-street parking areas.
[Added 10-19-1985 by L.L. No. 4-1985; amended 11-4-2000 by L.L. No. 2-2000; 7-9-2022 by L.L. No. 2-2022]
A driveway and an off-street parking area shall be located on a property only as an accessory structure to a principal dwelling on the same lot in accordance with the following conditions and standards:
A.
Driveways.
(1)
A driveway shall be located on the same lot as the principal dwelling. A driveway created via an easement over another lot is prohibited, except such driveway located in an easement required as a condition of subdivision approval by the Planning Board. A driveway shall not be considered to be an accessory to a waterfront facility.
(2)
A driveway shall be located on a lot to provide safe and convenient access to the principal dwelling with adequate sight distance from intersections of streets and/or other existing driveways. Where practicable, a driveway on a corner lot shall be located on a side or minor street.
(3)
A driveway may cross through the front yard but shall be setback a minimum of 25 feet from the side and rear lot lines in the Residential B District and 50 feet from the side and rear lot lines in the Residential A District, except in the case of a flagpole lot or a pie-shaped lot with limited frontage where the driveway may located at a lesser setback up to the point the lot widens and can accommodate the required setback from the side lot lines.
(4)
Only one driveway entrance/exit shall be allowed on a lot with less than 50 feet of frontage.
(5)
Driveways shall not be constructed with visible bituminous asphalt, commonly called "blacktop," and the surface shall be gravel or other loose aggregate. Driveways shall be constructed to retain such loose aggregate from the public highways of the Village, by utilization of an apron or other appropriate retainer. The location of the curb cut and the apron required in Subsection A(6) shall be subject to a permit issued by the Building Inspector after review and approval of the Architectural Review Board.
(6)
The driveway entrance and egress of each property to and from the public roadway shall have a surface access apron of a minimum of 10 feet long and six feet wide. This area shall be made of a solid material, such as cement, Belgian block or stone, but not visible bituminous asphalt, commonly called "blacktop," as is prohibited above,
(7)
A driveway and driveway apron area shall include properly sized drainage structures to retain all stormwater runoff generated by such driveway and apron area from entering the street.
(8)
A nonconforming driveway existing prior to the adoption of this section shall not be expanded or altered unless a variance is obtained from the Board of Appeals.
(9)
Installation of a new driveway or the expansion, relocation or modification of an existing driveway shall require review by the Architectural Review Board.
B.
Off-street parking areas.
(1)
All lots containing a dwelling shall contain adequate off-street parking for a minimum of four vehicles of an average size.
(2)
An off-street parking area is an improved area designed to accommodate on-site maneuvering and parking of automobiles and vehicles. An off-street parking area is separate from but connected to the driveway and commonly referred to a parking court. Off-street parking may occur on an improved driveway, but a driveway shall not constitute the off-street parking area required herein. Off-street parking shall not occur on a lawn or unimproved dirt areas, except on a temporary basis. Temporary parking on a lawn or unimproved dirt areas shall not grant any rights to permit the improvement or establishment of a parking area without conformance to the provisions of this section.
(3)
An off-street parking area shall be located on the same lot as the principal dwelling. An off-street parking area shall not be considered as an accessory to a waterfront facility.
(4)
An off-street parking area shall be located within the building envelope determined by the applicable setbacks of the principal dwelling.
(5)
An off-street parking area shall not exceed 2,500 square feet in area.
(6)
An off-street parking area shall not be constructed with visible bituminous asphalt, commonly called "blacktop," and the surface shall be gravel or other loose aggregate, or grass pavers.
(7)
An off-street parking area shall include properly sized drainage structures to retain all stormwater runoff generated by such parking area on-site.
(8)
A nonconforming parking area existing prior to the adoption of this section shall not be expanded or altered unless a variance is obtained from the Board of Appeals.
(9)
Installation of a new off-street parking area or the expansion, relocation or modification of an existing off-street parking area shall require review by the Architectural Review Board.
§ 230-22 Dish antennas.
[Added 4-5-1986 by L.L. No. 1-1986; amended 11-4-2000 by L.L. No. 2-2000]
Approvals by the Board of Architectural Review shall be required for all dish antennas larger than 18 inches in diameter whether attached to a building or not. The manner and procedure of application and approval for all dish antennas larger than 18 inches in diameter whether attached to a building or not shall be the same as for a building permit.
§ 230-23 Sleeping and sanitary facilities in accessory building.
[Added 4-13-2019 by L.L. No. 2-2019]
Sleeping and sanitary facilities may be located in an accessory building whether it is attached or separate from a principal building or any other building or structure, provided the Building Inspector finds that the following conditions and standards are met:
A.
The accessory building with sleeping and sanitary facilities shall not be used and occupied by a person or family independent from the occupants of the principal dwelling on the lot. Said accessory building with sleeping and sanitary facilities shall not be rented or leased to a tenant or tenants for occupancy by a person or family independent from the occupants of the principal dwelling. Use and occupancy of the accessory building with sleeping and sanitary facilities shall be limited to family, guests or domestic employees of the occupants of the principal dwelling. Nothing herein shall prohibit the entire lot being rented or leased, provided any such tenant of the entire lot complies with the aforesaid restrictions.
B.
In order to construct, maintain or use an accessory building for sleeping and sanitary facilities, the landowner shall apply for and receive a building permit and certificate of occupancy in the manner of all other applications for building permits and certificates of occupancy.
C.
No building permit for the addition of sleeping and sanitary facilities in a new building or in an existing accessory building that requires structural alterations to the exterior shall be issued by the Building Inspector until said application has been approved by the Architectural Review Board.
D.
No building permit for the addition of sleeping and sanitary facilities in a new building or in an existing accessory building shall be issued by the Building Inspector unless and until said application has been approved by the Suffolk County Department of Health Services.
E.
Special standards. In addition to any other standards, codes, rules or regulations which may be applicable to the construction and use of an accessory building, including the New York State Uniform Fire Prevention and Building Code, the Building Inspector shall certify that the following special standards have been complied with.
(1)
An accessory building with sleeping and sanitary facilities shall be permitted in an existing building or structure that has been issued a certificate of occupancy/compliance, or be entitled to the issuance of a certificate of occupancy by virtue of a preexisting status, or is new construction that complies with the provisions of this chapter. Notwithstanding the above, no permit shall be processed until the lot has a certificate of occupancy for an existing single-family dwelling.
(2)
The lot to which the accessory building with sleeping and sanitary facilities is to be added shall have only one dwelling unit in existence on the lot at the time of application.
(3)
No more than one accessory building with sleeping and sanitary facilities shall be permitted on the lot.
(4)
No nonconformities or violations of this chapter shall exist at the time of application for an accessory building with sleeping and sanitary facilities, except as provided in Subsection E(5) below. The Building Inspector shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected.
(5)
The lot and all required dimensional requirements, including lot area, lot width, lot depth, and setbacks, shall not be less than 90% of the applicable dimensional requirement of the underlying zoning district. A lot with a nonconformity of a greater degree shall not be eligible unless a variance is obtained from the Zoning Board of Appeals.
(6)
Minimum and maximum floor areas shall be as follows: The accessory building with sleeping and sanitary facilities shall be a minimum of 400 square feet and it shall not exceed 35% of the total floor area of the principal dwelling to a maximum of 1,000 square feet. All habitable living space in the accessory building or structure will count toward the maximum square footage of the accessory building.
(7)
An accessory building with sleeping and sanitary facilities shall contain no more than two conventional bedrooms. The bedrooms and bathroom shall not provide the sole access to any other rooms or the sole access to the out-of-doors.
(8)
An accessory building with sleeping and sanitary facilities shall not be permitted on a lot on which exists a bed-and-breakfast, rooming or boardinghouse, home occupation, preexisting apartment, or multiple-family dwelling.
F.
The Building Inspector shall require that the above restrictions be incorporated in a covenant and noted on or referred to in the certificate of occupancy to be issued for the lot. The covenant shall be in a form acceptable to the Village Attorney and be recorded prior to the issuance of a certificate of occupancy. The covenant shall be valid so long as the accessory building with sleeping and sanitary facilities is maintained on the lot.