An accessory building may be located in any required rear yard, provided that:

Accessory buildings constructed at the same time may be located in pairs or groups in the required rear yard along the common side lot line or rear lot line of contiguous lots.

An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.

Obstruction to vision at street intersections. At all street intersections or driveway entrances in all residence districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.

Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others to be side yards.

Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over 6.5 feet in height may be erected anywhere on the lot, except as set forth in Subsection B(1) above. Fences or walls with a height in excess of 6.5 feet shall conform to the requirements set forth herein for buildings. Paved areas, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a lot line.

Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.

Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the two existing dwellings with the greatest setbacks within 200 feet on each side of said proposed dwelling, on the same side of the street and within the same block and the same district.

The total dimensions of both side yards for a principal building shall be computed on the basis of four-tenths of the lot width; however, no side yard dimension shall be less than four-tenths of the total dimensions of both side yards computed as aforesaid, and no side yard dimension shall be less than 10 feet.

The total rear yard dimension for a principal building shall be computed on the basis of three-tenths of the lot depth; however, no dimension for the rear yard of a principal building shall be less than 30 feet.

No fence or wall in a required front yard shall have a height greater than four feet.

No fence or wall in a required rear or side yard shall have a height greater than 6.5 feet:

In no case shall any fence or wall have a height greater than 6.5 feet.

All fences shall require a building permit as set forth in Chapter 65 of the Code.

All fences to be erected will have a finished side of the fence facing toward adjoining neighboring property(ies).

The height of a fence or wall shall be the vertical distance from any point on the top of the fence to the existing natural grade at the base of the fence at that point.

The owner is required to certify that fence lies within property line.

No sign shall be erected, affixed or maintained upon a roof of any building or structure, except at the cornice of the roof of a one-story commercial or industrial building, which sign shall not exceed 24 inches in height above the cornice.

No flashing, mobile, directly illuminated or reflecting, cloth or flyer signs shall be erected, affixed or maintained, and the source of any exterior illumination shall not be visible across property lines.

Detached and ground signs, except professional and temporary signs, shall be permitted only in districts zoned for retail commercial, general commercial and waterfront commercial. Such signs shall not exceed a total area of 24 square feet and shall advertise only the business conducted on the premises upon which the same shall be placed or maintained, and the top of the same shall be not more than 10 feet above the ground level.

Pylon or pole signs shall be permitted only at gasoline or service stations and shall not exceed an area of 30 square feet, excluding supports, and the top of the same shall not exceed 20 feet in height above the ground level.

Businesses which are not located on Front Street, Main Street or Third Street, south of Front Street may have one or more directional sign(s) on either Front Street, Main Street or Third Street, south of Front Street. Applications for such off-street business directional sign(s) must be approved by the Planning Board. Such off-street business directional sign(s) shall be limited to eight inches by 24 inches in size. The sign(s) shall only be installed by the Greenport Public Works Department for a fee of $50 per location. The sign(s) shall be licensed for a period of two years, and such license(s) shall be renewed upon expiration. When the business is discontinued, the sign(s) will be taken down.

Overhead signs over sidewalks shall be permitted in the General Commercial, Waterfront Commercial and Retail Commercial Zoning Districts only, and only where there are sidewalks present.

For all businesses where there is only one business in the building, each business shall be permitted one overhead sign.

In the event that there is more than one business in a building, the building will be permitted one sign, and the businesses in the building must share the sign for that building.

Overhead signs shall be limited to an area of two square feet or less on each side, and may be two sides (front and back) only.

Overhead signs must be initially approved by the Village Planning Board. The Village Planning Board will set standards for overhead signs, and each application to the Village Planning Board will contain eight color copies of both sides of the proposed plan, in not less than one-inch-equals-four-inches scale. The Planning Board will decide on the appropriateness of each sign and the conformance of each sign with the standards that will be set by that Board.

A license shall be required for each overhead sign, and the license will be issued upon the business owner providing proof of Planning Board approval, providing proof of required insurance coverage for the sign, and payment of the required fee in full.

The business owner shall obtain and provide the Village with a certificate of liability insurance in the amount of not less than $500,000 naming the Village as additional insured. In the event that the insurance coverage or policy expires or is terminated during the term of a license, the license will be automatically terminated.

The fee for a license shall be $50 for one square foot of sign facing and $100 for two square feet or such other sum as may be determined from time to time by resolution of the Board of Trustees. The license must be renewed each year with a new fee paid in full each year.

In the event of a sale of a business, the new business owner is required to obtain a new sign license, including providing proof of insurance coverage, and pay a new sign fee.

Any overhead sign which is existing in the Village on the date of the filing of this local law[1] and which has been approved by the Village shall be grandfathered with regard to Planning Board approval and shall not require new Planning Board approval, but will require a license.

Any sign erected or maintained in violation of any of the provisions of this chapter shall be removed within 10 days after service of written notice in person or by mail upon the owner of such sign or any other person responsible for the property upon which the sign is maintained, or upon the agent or legal representative of such owner or other responsible person. Such notice shall specify the nature of the violation and shall be signed by the Mayor, Building Inspector or such other official of the Village as the Board of Trustees shall designate. Failure to comply with such notice shall be deemed a violation.

For every violation of the provisions of this chapter pertaining to signs or for a failure to comply with a notice of violation issued by the Building Inspector, the owner, builder, contractor or their agents or any person who commits, takes part in or assists in any such violation or who shall fail to comply with a notice of violation issued by the Building Inspector shall be guilty of a violation and, upon conviction, shall be punishable as provided in § 150-24.

Schedule of parking requirements. Subject to Subsections G and A(10) below, accessory off-street parking spaces, open or enclosed, shall be provided in respect of any use in the CR, CG and WC Districts as specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family dwelling may count as one parking space, other than on a corner lot as provided in § 150-13B(1).

Size of spaces. Three hundred square feet shall be considered one parking space, to provide room for standing area and aisles for maneuvering. Entrance and exit lanes shall not be computed as parking space, except for driveways for one-family and two-family dwellings as set forth in Subsection A(2) above. Minimum parking stall width shall be 10 feet and minimum length shall be 20 feet.

Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with less than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area shall be located within 50 feet of any street intersection.

Drainage and surfacing. All open parking areas shall be properly drained, and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family dwelling.

Joint facilities. Required parking spaces, open or enclosed, may be provided in areas designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.

Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more of such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement.

Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within 200 feet walking distance of such lot. In all cases such parking spaces shall conform to all the regulations of the district in which the parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district or except upon approval by the Planning Board. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Planning Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere.

Parking lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or except upon approval of the Planning Board.

Parking requirements applicable to exempted uses and change of use. If at any time after the effective date of Local Law No. 3 of 2023,[1] a business that constituted a permitted use pursuant to § 150-9A(3)(b)[2] or (c) is the subject of a substantial expansion, then the calculation of the total number of parking spaces such business is required to provide pursuant to this § 150-16A shall be calculated only with respect to the additional seats and/or rooms and/or occupancy arising as a result of the relevant substantial expansion and not with respect to any preexisting seats, rooms or occupancy. In addition, in the case of any change of use, the only additional off-street parking required shall equal the difference between the parking required for the new use and the parking required for the existing use, to the extent applicable.

Fractional parking calculations. Where calculations of parking requirements result in fractional amounts, they shall be rounded up to the next highest number.

Floor area. Unless otherwise stated, all square-footage-based off-street parking standards shall be computed on the basis of floor area used or intended to be used for service to customers, patrons, clients, or patients. It need not include floors or parts of floors used principally for nonpublic purposes, such as bulk storage, cellar, or food preparation areas. These provisions notwithstanding, the floor area used as the basis for computing off-street parking requirements shall never be less than 80% of the total gross floor area.

Number of employees. Where calculations of parking requirements take into account the number of employees, the number to be used shall be the highest number of employees predicted to be present on-site at any one time for more than two consecutive hours during any point of time during the year. The owner or operator of the relevant use shall provide the Building Inspector with their reasonable projection of employees to be located on-site as of each month of the calendar year and include the highest number of employees projected to be on-site during such calendar month for any two-hour period, the lowest number of employees projected to be on-site during such calendar month and the average number of employees projected to be on-site during such calendar month together with a narrative description of the methodology used in calculating such projections.

Seating plan. Where calculations of parking requirements take into account the number of seats, such requirements shall be determined by reference to the seating capacity permitted by the Building Code and otherwise approved as part of the applicable site plan for the relevant use. When determining seating capacity for a building, use, or structure utilizing bench seating, each 22 inches of bench shall be considered one seat.

Uses for which required. Accessory off-street loading berths shall be provided for any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements.

Size of spaces. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high.

Location and access. Unobstructed access at least 10 feet wide to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection B(4) below. No entrance or exit for any off-street loading berth shall be located within 50 feet of any street intersection. No off-street loading berth shall be located in any front yard.

Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such establishments.

Lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to all of the lot. Loading berths on such a lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or except upon approval by the Planning Board.

Whenever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally such screen shall be not less than three nor more than eight feet in height.

Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence approved by the Planning Board, located along a line drawn parallel to the street and a distance of 20 feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally no such screening shall be less than three feet nor more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.

One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in any residential district, but not within the required front yard of such lot, and in no case between the street line and the principal building.

One commercial vehicle not exceeding 25 feet in length may be parked within a private garage in any residence district.

The storage or parking and use of a house trailer by any person or persons is hereby prohibited in all districts, except that:

Not more than two boats per dwelling unit may be stored on an occupied lot in any residence district, provided that such boat is not stored within any required front or side yard of such lot nor between the street line and the principal building.

New commercial development may generate parking needs and demands in excess of the existing availability of on-site parking capabilities or public parking facilities. To mitigate potential adverse consequences of not providing for sufficient on-site parking, a parking impact mitigation fee may be required to be paid by the new development in accordance with this section. In filing a site plan or conditional use application for any use or property where the applicant believes that it will be unable to provide the number of parking spaces required in respect of the applicable use pursuant to this § 150-16, the applicant shall indicate whether a) it intends to seek a variance in respect of the requirement to provide such parking spaces, in which case such applicant shall pursue relief from the Board of Appeals in accordance with the provisions of Article X prior to requesting any relief from the Planning Board pursuant to this § 150-16G, or b) it waives its right to appeal to the Board of Appeals and wishes to proceed with a request for relief from the Planning Board in accordance with this § 150-16G. If an applicant elects to seek a variance and such variance is denied by the Board of Appeals, the applicant shall continue to have the right to request relief from the Planning Board pursuant to this § 150-16G.

Before the Planning Board may approve a site plan where the applicant neither provides on-site parking in accordance with the minimum parking requirements established in the Village Code nor has obtained a variance from the Zoning Board of Appeals for the number of additional parking spaces required by the Village Code, the Planning Board, upon a finding that a proper case exists for the need for additional off-site parking for a proposed new use or substantial expansion, may require that the applicant make a payment to the Village on account of such additional parking. Such finding shall include an evaluation of the anticipated need for additional parking resulting from the proposed use in comparison to the required parking for the existing use of the premises and an analysis of the considerations set forth in Subsection G(4) and (5). Where the Planning Board determines that such finding cannot be made without a parking needs assessment report, the Planning Board may obtain such report. The cost of such report shall be paid in the same manner as other costs for Planning Board consultants.

If the Planning Board makes a finding that the proposed development presents a proper case for requiring additional parking, but that the applicant cannot provide such parking on-site and has not obtained a variance for the required parking spaces, the Planning Board may require the applicant to pay a sum of money in lieu thereof in a sum to be determined by the Planning Board based on the pro rata increase in parking resulting from the development in relation to the cost of acquiring, constructing and improving facilities for parking to accommodate the increased need. Any monies required to be paid as provided herein and in accordance with a Planning Board determination shall be deposited into a trust fund to be used exclusively by the Village for parking purposes, including facility acquisition, construction and expansion.

In determining whether the impact of the proposed development requires a payment to mitigate the parking impacts resulting from the proposed development, the Planning Board shall take into account the following:

To determine the costs, if any, necessitated by the new development and any required fee to be paid by the owner or applicant, the Planning Board may utilize a needs assessment report in accordance with the following guidelines and considerations:

The impact mitigation fee shall be paid at the time of issuance of a building permit. The payer may apply for a refund if the building permit for which the fee has been paid has lapsed and the payer affirmatively certifies that the building permit shall not be restored. The payer may apply for a partial refund if the development is modified in a manner that reduces the parking needs. Upon a written request for a refund, which must be submitted within six months of the event giving rise to the refund and prior to the issuance a certificate of occupancy for the new development, the Board of Trustees may grant or deny any such refund or partial refund.

Any owner or applicant upon whom an impact fee has been imposed may contest the amount or requirement to pay the fee by filing a notice of appeal to the Board of Trustees. The notice of appeal must be filed within 60 days of the date of the determination appealed from. The notice of appeal shall include a statement detailing the relief sought and any legal or factual basis for the relief requested and shall include all supporting documentation upon which the requestor relies in making the appeal. Within 45 days of the date of the filing of the notice of appeal and the submission of all documents and information determined by the Board of Trustees to be necessary for the Board to review and consider the appeal, the Board of Trustees shall adopt a resolution approving, approving in part or denying the appeal. A party aggrieved by the Board of Trustees has the right to challenge the determination by commencing a proceeding in Supreme Court, Suffolk County.

Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in a manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area, or by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates, or which involves any dangerous fire, explosive, radioactive or other hazard, or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare.

Artificial lighting facilities of any kind with light sources visible beyond the lot lines which create glare beyond such lines.

Amusement parks and circuses and related activities except for a temporary period upon special license from the Village Board.

Junkyard or dump except a dump established as an official Village dump or duly licensed as a dump by the Village Board.

Retail bulk storage of petroleum products in excess of 20,000 gallons; wholesale bulk storage of petroleum products; bulk storage of any liquids aboveground; processing, refining and/or packaging of petroleum products, chemicals and/or gases.

Ownership, operation, maintenance, distribution, sale or rental of an amusement device or amusement devices. An amusement device shall be any coin-operated mechanical or electrical device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivance, effects the operation thereof for use as a game, contest or amusement, or which may be so used. The term "amusement device" includes but is not necessarily limited to pinball machines and electronic devices. The term "amusement devices" does not include jukeboxes.

Nightclubs.