Head Of The Harbor City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 165-26 General regulations.
The provisions of this Part 1 shall be subject to the exceptions, additions and modifications hereinafter set forth in this article, Article IX, Special Permit Uses, and Article X, Nonconforming Uses.
§ 165-26.1 Bed-and-breakfast establishments.
[Added 3-20-2019 by L.L. No. 1-2019]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied building designed, used and occupied as a single-family residence, managed by the property owner and having bedroom accommodations and breakfast provisions served in the host's private dining room or kitchen for those accommodated as paying guests who are referred to, for purposes of this section, as "guests."
GUESTS
Person(s) who pay to stay overnight at the bed-and-breakfast establishment.
HOST/HOSTESS
Owner and occupant of the bed-and-breakfast establishment.
B.
Location. A bed-and-breakfast may be established in an existing single-family residence located on or adjacent to North Country Road.
C.
Permit required; application; issuance. A permit for a bed-and-breakfast shall be a special permit issued upon application to the Board of Trustees and completion of a public hearing conducted in accordance with the provisions of this section. Any application fee shall be fixed by resolution of the Board of Trustees.
D.
Conditions. A special permit shall be granted upon satisfaction of the following:
(1)
The premises shall be the primary residence of the owner/host.
(2)
Any special permit issued hereunder shall have a duration of one year.
(3)
In no event shall there be more than four guest bedrooms, and occupancy is limited to two persons per guest bedroom.
(4)
The applicant shall demonstrate compliance with all state and local health, electrical, fire, building, sanitation and maintenance codes applicable to the bed-and-breakfast use.
(5)
Each guest room shall have one or more windows allowing emergency egress.
(6)
A smoke and carbon monoxide alarm shall be installed and maintained in each guest room and on each floor.
(7)
Required on-site parking shall be one space per guest room plus two spaces.
(8)
Only one sign not exceeding two square feet may be installed at the premises.
(9)
No cooking facilities are permitted in a guest room.
(10)
Occupancy for any guest is limited to seven nights.
E.
Renewal. Any special permit for a bed-and-breakfast establishment may be renewed for successive one year periods provided any such renewal shall require a public hearing and a report of an inspection of the Building Inspector addressing current compliance with all applicable conditions.
§ 165-27 Terraces and porches projecting into yards.
[Amended 10-16-1976 by L.L. No. 3-1976; 2-9-1991 by L.L. No. 4-1991]
An unroofed, paved terrace, if it has no wall or railing more than three feet high, may project 15 feet into any yard required under § 165-25. A porch which is enclosed or which has a roof shall be considered part of a building in determining the size of a yard.
§ 165-28 Walls and fences.
[Amended 12-19-2001 by L.L. No. 1-2001]
A.
Structural. The yard requirement of this Part 1 shall not be deemed to prohibit any necessary terracing or retaining walls used as structural support, provided such necessary terracing or retaining wall shall not exceed seven feet in height in any required yard, and further provided that the face of the masonry walls shall be limited to natural stone or brick. The finished side of any wall within 40 feet of a lot line shall face the adjoining property or street.
B.
Landscaping. The yard requirements of this Part 1 shall not be deemed to prohibit terracing or retaining walls used with landscaping, or any fences, provided such terracing or retaining wall or fence shall not exceed four feet in height in the front yard of any lot, nor six feet in height in any other yard. The finished side of any fence or wall within 40 feet of a lot line shall face the adjoining property or street.
C.
Construction of such terracing, retaining, landscape walls or fences shall be subject to the review and approval of the appropriate Board, which may modify the above height requirements for fences.
D.
In all events, fences shall be constructed of wood or other natural materials, except that fences consisting of plastic, vinyl, polymer or similar synthetic materials, concrete and/or chain link are permitted if the Board of Architectural Review makes specific findings that any such fence is neither reflective nor conspicuous for its synthetic qualities, that any such fence is not shiny, that any such fence avoids any institutional or commercial appearance, and that any such fence maintains a residential character and if deemed appropriate by the Board of Architectural Review any such fence shall be screened with sufficient plantings to conceal a substantial portion wherever deemed appropriate to the specific location and setting of such fence.
[Added 3-21-2007 by L.L. No. 1-2007]
§ 165-29 Visibility at intersections.
At any street or driveway intersection in any district, no fence, wall or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangle area formed by the intersecting street lines and a straight line joining said street lines at points which are 75 feet distant from the point of intersection, measuring along said street lines. The height of three feet shall be measured above the road surface at the nearest edge of the road. The provisions of this section shall not apply to existing trees, provided that no branches are closer than eight feet to the ground.
§ 165-30 Height exceptions.
The height limitations of this Part 1 shall not apply to steeples, cupolas, chimneys or similar features, nor shall they apply to necessary mechanical appurtenances usually carried above the roof level, provided that they shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve.
§ 165-31 Private swimming pools.
A.
Spilloffs and drainage from any swimming pool shall not be permitted to flow onto adjacent property, including streets.
B.
Swimming pools shall be securely enclosed by walls or suitable protective fencing at least four feet in height, which may enclose the whole or part of the entire lot and which shall have self-closing gates and latches.
§ 165-32 Recreational, educational, health or welfare purposes.
[Amended 5-12-1990 by L.L. No. 3-1990]
Except as provided in § 165-23B(1) and (2), the use of any existing land or buildings or the construction of new buildings for any recreational, educational, health or welfare purpose, whether operated independently or by private groups or organizations or by or in conjunction or association with any public or municipal agency, is prohibited.
§ 165-33 Living accommodations.
No person or persons shall provide living accommodations within the Village limits for a group of three or more occasional, seasonal or transient agricultural or other laborers unless and until written permission therefor is granted by the Village Board.
§ 165-34 Night lighting of outdoor commercial recreational facilities and private tennis courts prohibited.
[Added 4-26-1980 by L.L. No. 2-1980; amended 10-23-1988 by L.L. No. 1-1982]
The use of artificial lighting to illuminate outdoor play or activity areas of commercial recreational facilities or tennis courts which are permitted accessory uses to one-family dwellings or permitted special uses is prohibited.
§ 165-34.1 Outdoor wood-fired boilers prohibited.
[Added 4-18-2007 by L.L. No. 2-2007]
The installation, use and/or maintenance of outdoor wood-fired boilers is prohibited in all zoning districts.
§ 165-34.2 Piers.
[Added 8-18-2010 by L.L. No. 6-2010]
A.
Findings and purpose. Unregulated construction of private docks giving access to Stony Brook Harbor is not compatible with the conservation and preservation of Stony Brook Harbor as an unspoiled embayment and prime wildlife habitat of statewide significance, as undertaken by the Village of Head-of-the-Harbor in its Coastal Management Plan pursuant to its Local Waterfront Revitalization Program.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
CATWALK
Any stand-alone structure or an element of a structural assembly that includes stairs, a ramp, and a float, that provides access from the upland, through or across a vegetated or unvegetated tidally influenced area in Stony Brook Harbor.
FLOAT
Any platform floating upon and rising and falling with the tides, to which a vessel is commonly moored, docked or otherwise attached.
PIER
Any structure providing access to the waters of Stony Brook Harbor from land located within the Village of Head-of-the-Harbor, whether such pier was constructed for access by boat, for boat launching, for swimming, for fishing or for any other use, recreational or otherwise.
C.
Applicability. The regulations provided in this section apply to docks owned or built by individuals, corporations, clubs, cooperatives or any other agency. Cooperative construction and/or use by neighbor landowners is encouraged as a means of reducing the number of intrusions into Stony Brook Harbor and of mitigating adverse impact upon wildlife habitat areas.
D.
Design and location.
(1)
Docks shall be designed to reduce obstacles to navigation and to public use of the water to which they give access.
(2)
Docks shall be constructed in a location and in a manner which avoids the need for dredging and which in no way interferes with navigability.
(3)
Docks shall be designed and constructed so that they do not impede the movement of water within Stony Brook Harbor nor interfere with the functioning of Stony Brook Harbor as a prime wildlife habitat and nesting area.
(4)
A pier must have a catwalk that provides a minimum clearance of four feet above the soil surface of marsh in vegetated areas to allow sunlight to reach ground and a maximum clearance of five feet above the soil surface. In unvegetated areas the catwalks are not to be elevated more than two feet above the beach or shoreline proper to avoid having the visual effects of elevated structures, but should be at least a few inches above the substate. To limit interference with public access to the shore, the catwalk must allow passage under it or have steps on either side for passage over it. The float sections attached to the catwalk shall be constructed in such a manner so that the sections do not rest upon the bottom lands.
(5)
Access to a dock must not encroach upon or disrupt a tidal wetland or marsh.
(6)
Expanded or reconstructed docks must comply with all regulations applicable to new docks.
(7)
Floats shall only be permitted in those locations where the rising and lowering of such floats will not have a significant impact upon vegetation, wildlife or wildlife habitat.
(8)
The pier, including floats and catwalks, in no case may exceed 75 linear feet seaward from the mean high water line, nor may the width exceed four feet. In no case may the seaward end of a pier extend beyond the point where the mean low water depth at such point exceeds two feet.
(9)
All floats are to be removed from the water during the months of November through March and stored onshore in such manner to avoid damage to wetlands and shoreline vegetation.
E.
Materials. Materials for use in pier construction or repair must be of a type that has been approved by the Department of Environmental Conservation of the State of New York.
F.
Village permit requirements.
(1)
A building permit must be obtained for the construction, reconstruction or expansion of a dock. Minor repairs entirely above the high-tide water level (e.g., docking) do not require a building permit but must be done with approved materials only.
(2)
A design plan must be submitted with the application for a building permit which includes specifications for all materials and which indicates the exact location of the proposed structure and the access to it from the land.[1]
[1]
Editor’s Note: Former Subsection F(3), which required that the Environmental Conservation Board be notified of an application for a building permit for a dock, and which immediately followed this subsection, was repealed 4-15-2015 by L.L. No. 1-2015.
G.
State permit requirements. Permits for building actions in tidal wetland areas are issued by the Department of Environmental Conservation of the State of New York. State permit requirements are not affected by this section, and no dock may be erected within the Village of Head-of-the-Harbor for which state requirements have not been met. The obtaining of a permit from the Department of Environmental Conservation shall not be a substitute for a village permit issued in conformity with this section.
H.
Removal. Any dock constructed, reconstructed or extended after the passage of this section which does not conform to the provisions of this section shall be removed.
§ 165-34.3 On-site stormwater retention and detention.
[Added 8-19-2020 by L.L. No. 4-2020]
A.
All construction projects that increase the total area of impervious surfaces on a lot shall include on-site stormwater retention/detention facilities to accommodate a three-inch rainfall.
B.
All construction projects that increase the total area of impervious surfaces on a lot by 750 square feet or more, including, but not limited to, the construction of new homes, additions, accessory structures, patios, and driveways, shall be referred to the Planning Board for site plan approval.
C.
Retention/detention shall be provided by either:
(1)
Subsurface stormwater drainage structures, such as dry wells and storage chambers.
(2)
Alternative methods approved by the Planning Board with the advice and recommendation of the Village Engineer.
§ 165-34.4 Driveways and curbs.
[Added 8-19-2020 by L.L. No. 4-2020]
A.
Purpose. The purpose of this section is to assure the sound design and proper maintenance of driveways and curbs installed in the Village, with particular emphasis on protection of the environment, stormwater runoff, and pedestrian and vehicular safety.
B.
Definitions. For purposes of this section, the following terms shall have the following specified meanings:
CURB
A border along the edge of a driveway or street which may serve to restrain and/or control driveway improvements and water runoff.
DRIVEWAY
A travelled way designed primarily for vehicular traffic leading from a street to a residence, garage, or other building. Driveway aprons and curb cuts shall be considered part of a driveway.
SHOULDER
The portion of a street that lies between the paved portion of the street and adjoining property lines.
STREET
A public or private right-of-way.
C.
Driveway and curb permit required.
(1)
No driveway or curb shall be installed, constructed, enlarged, modified, reconfigured, reconstructed or resurfaced without a driveway and curb permit from the Building Inspector.
(2)
The application fee for a permit pursuant to this section shall be set by resolution of the Board of Trustees.
D.
Site plan approval required. The Building Inspector shall review all applications for driveway and curb permits. If an application seeks to i) construct a new driveway, ii) relocate or reconfigure an existing driveway, or iii) increase the driveway area by 750 square feet or more, the Building Inspector shall refer the application to the Planning Board for site plan approval. Site plan approval shall not be required for the reconstruction or resurfacing of an existing driveway in the same location or the reconstruction of an existing curb that was previously approved by the Village or is a legal nonconforming structure.
E.
Standards.
(1)
Limitation on number of curb cuts. Each residential building lot in the Village shall have no more than one curb cut.
(2)
Location of driveways. Driveways shall not be located within a required buffer area, except for that portion of the driveway that connects the street with the balance of the driveway.
(3)
Width and location of curb cuts. The width of a curb cut shall not exceed 22 feet. No curb cut shall be located less than 40 feet from the paved portion of any street intersection.
(4)
Stormwater runoff. New, enlarged, modified and reconfigured driveways and curbs that increase the total area of impervious surfaces on a lot must provide on-site stormwater retention/detention facilities in accordance with § 165-34.3 of this chapter. Driveways and curbs that channel and/or redirect stormwater runoff to or from adjacent streets or properties are strictly prohibited.
(5)
Pavement. That portion of a driveway and/or apron within two feet of the edge of the paved street or 12 feet of the center line of the paved street, whichever distance is less, shall be paved in a manner that complies with the construction specifications approved by the Village Engineer.
(6)
Entry gates, gate posts and driveway piers. Entry gates, gate posts and driveway piers shall not exceed seven feet in height, measured from the natural grade, and shall be set back from the paved portion of any street as follows:
(a)
Entry gates and gate posts: 20 feet.
(b)
Driveway piers (without gates): 10 feet.
(7)
Structures prohibited in rights-of-way: No entry gates, gate posts or driveway piers shall be constructed or installed within the right-of-way of a public road or a private road open to the public.
§ 165-34.5 Portable storage units.
[Added 8-19-2020 by L.L. No. 4-2020]
A.
Definitions. For purposes of this section, the following terms, phrases and words shall have the following meanings:
PORTABLE STORAGE UNIT
Any portable container, receptacle, or device of a type commonly used for the temporary storage of personal property and other matter. The term shall include, but not be limited to, trailers, shipping containers, portable on-demand storage unit (PODS®) and other similar containers.
B.
Permit required.
(1)
No person shall place a portable storage unit on any property in the Village without a written permit from the Village Clerk.
(2)
If a property in the Village has one or more portable storage units on it as of the effective date of this section, the owner and/or occupant of that property shall obtain a permit therefor within 90 days of the effective date hereof or shall otherwise remove the portable storage unit(s) from the property. Failure to comply with this provision shall constitute a violation of this chapter.
C.
Application; fee.
(1)
An applicant seeking a permit to place a portable storage unit on his or her property must submit an application, on a form provided by the Village Clerk, which shall include, but not be limited to, the following information:
(a)
Name and address of the applicant;
(b)
Name and address of the supplier of the portable storage unit;
(c)
The address of the property where the portable storage unit will be located;
(d)
The intended use for the portable storage unit;
(e)
A description or diagram of the location where the portable storage unit will be placed on the property;
(f)
A physical description of the portable storage unit, including its approximate physical dimensions; and
(g)
The dates when the portable storage unit will be placed on the property.
(2)
Applications for a permit to place a portable storage unit shall be accompanied by a fee in an amount established from time to time by the Board of Trustees.
D.
Duration; extensions.
(1)
Permits to place a portable storage unit shall be granted for a period of up to 30 consecutive days. Each property in the Village is limited to a maximum of two permits per calendar year, and a minimum of 15 days shall elapse between the end of one permit period and the beginning of another.
(2)
Prior to the expiration of the original thirty-day permit period, a permit may be extended for one additional thirty-day period for good cause shown.
(3)
Where a valid building permit exists for the property, multiple thirty-day permit extensions may be granted for good cause shown and upon payment of an extension fee. In no event shall the duration of a permit, including any and all extensions, exceed more than one year from the date of the original permit.
(4)
All applications for a permit extension shall be accompanied by an extension fee in an amount established from time to time by the Board of Trustees.
E.
General conditions.
(1)
No more than one portable storage unit shall be located on a property, except that up to two portable storage units may be placed on a property for which a valid building permit exists.
(2)
Portable storage units shall be limited to a maximum size of nine feet in height, 10 feet in width or 20 feet in length.
(3)
No portable storage unit shall be located on any public or private street or right-of-way or within a required buffer area.
(4)
The applicant, as well as the supplier, shall be responsible for ensuring that the portable storage unit is installed and maintained in a good and safe condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, or in any way which might create a hazard to the general public or an unsightly condition on the property.
(5)
All portable storage units shall be conspicuously marked with the name, address and telephone number of the supplier and have affixed thereon a copy of the written permit authorizing the placement of the portable storage unit on the property.
(6)
No portable storage unit shall be used for habitable purposes or to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for use other than at the property where the portable storage unit is located (i.e., used for retail sales) or any other illegal or hazardous material. Upon reasonable notice to the applicant, and with the applicant's consent, or pursuant to a warrant, the Village may inspect the contents of any portable storage unit at any reasonable time to ensure that it is not being used for any prohibited purpose.
(7)
A portable storage unit that is not removed at the end of the time for which permission has been granted shall be deemed to be an illegal structure and may be removed by the Village, upon reasonable notice, and the costs and expenses thereof shall be certified to the Board of Trustees, which Board shall then assess such costs and expenses against the property on which the portable storage unit was located, which costs shall be collected and enforced in the same manner as real property taxes.
F.
Revocation of permit. If the applicant or supplier fails to comply with the requirements for the placement and use of portable storage units, the Village Clerk may revoke the permit. Upon revocation of the permit, the portable storage unit shall be removed from the property within three business days.