Huntington Bay City Zoning Code
ARTICLE III
District Regulations
§ 91-7 Permitted uses.
[Amended 10-9-1946; 5-7-1951; 4-4-1960; 8-8-1977 by L.L. No. 3-1977; 2-11-1991 by L.L. No. 1-1991; 3-14-1994 by L.L. No. 1-1994]
A.
In any residential district, no building or premises shall be used and no building shall be erected which is arranged, intended or designated to be used for any purpose or use except one or more of the following:
(1)
Single-family dwellings.
(2)
Churches.
(3)
Private garages for the storage of not more than seven motor vehicles.
(4)
Village buildings, including a Village Hall and such other buildings as may be necessary in connection with the administration of the affairs of the incorporated Village.
(5)
Private stables for one or more horses owned and used exclusively by an individual resident of the Village of Huntington Bay for his private use.
(6)
Buildings for accessory uses customarily incident to the above uses.
(7)
Beach and bathing membership corporation for the residents of the Village of Huntington Bay when permitted by the Board of Zoning Appeals. The Board of Zoning Appeals, in acting upon any such application for such permit, shall observe and comply with the following minimum mandatory provisions and requirements which, among such other conditions and safeguards as may be imposed by said Board, shall be set forth and contained in any such permit granted and issued by said Board:
(a)
The premises shall be owned by said membership corporation and have an area of not less than 2 1/2 acres and a water frontage of at least 250 feet.
(b)
Water supply, waste disposal and fire and police protection will be available.
(c)
An adequate entrance to said property shall be available from a public Village road.
(d)
Sufficient facilities shall be provided for off-street parking for the members, users and employees of said club.
(e)
Such membership corporation will not be organized or operated for profit.
(f)
No food or liquor shall be sold on the premises.
(g)
The membership of said membership corporation shall be limited to 100 members, who must be residents of the Village. A person owning property in the Village of Huntington Bay, either in his name or the name of his wife, or both, shall be considered a resident of said Village, provided that said property is of sufficient area to permit the erection of a single-family dwelling in conformity with this chapter.
(h)
Facilities for changing clothes shall be provided either by lockers or bathhouses.
(i)
Such permit shall not be granted by the Board of Zoning Appeals for such uses, nor shall any such uses on such property be permitted or carried on, until detailed site plans and building plans of such area and all buildings and structures, sanitary facilities, parking areas and such other relevant information as may be required by the Board of Zoning Appeals shall have been submitted to and approved by it.
B.
In Waterfront Preservation Districts A1, B1, C1 and D1, no building or premises shall be used, arranged, intended or designed for any purpose or use except one or more of the following:
[Amended 8-11-2009 by L.L. No. 5-2009]
C.
Special activities; approval required; standards. Notwithstanding any other provision of this chapter to the contrary, special activities, not necessarily residential in character, may be permitted in any district when approved by the Board of Trustees after finding that:
[Added 2-13-2006 by L.L. No. 2-2006]
(1)
The proposed special activity will not be detrimental to the essential character, health, safety, morals or general welfare of the community.
(2)
Such proposed special activity, together with the location, size and topography of the parcel of land involved; the nature, design, size and location of every existing and proposed building, structure, access road, utility line and other improvement; and the provisions for landscaping, screening neighboring property, major planting of trees and shrubs and parking of vehicles, will be, both as a composite architectural scheme and as a functioning establishment, consistent with the Code of the Village in effect at the time that the application for such special activity is filed with the Village Clerk.
D.
Prohibited activities. Notwithstanding any of the foregoing provisions of this chapter, no building or premises shall be used for any purpose which:
[Added 2-13-2006 by L.L. No. 2-2006]
(1)
Is obnoxious or offensive to the surrounding community by reason of causing or emitting unreasonable levels of odor, smoke, vapor, gas, dust, garbage, refuse matter, glare of lights, radiation, noise or vibrations, interference with radio or television reception or other physical or electronic disturbance beyond the premises on which such activity is conducted.
(2)
Is dangerous or harmful to the health, peace, comfort or safety of the community.
(3)
Tends to disturb or annoy the residents of the Village.
(4)
Involves any radiation or explosive menace or any serious fire hazard.
E.
No single-family dwelling in the Village may be leased or rented, for any purpose, for a term of less than six consecutive months each time. Notwithstanding the foregoing sentence, a property owner may apply to the Board of Trustees for permission to rent or lease a single-family dwelling for less than six months. The owner must demonstrate to the Trustees that strict application of this subsection would cause them unreasonable hardship that is not self-created. The Board of Trustees shall have sole discretion in determining whether the owner has met their burden.
[Added 1-14-2019 by L.L. No. 1-2019; amended 1-14-2019 by L.L. No. 3-2019; 12-9-2019 by L.L. No. 6-2019]
F.
The lease or rent of less than an entire single-family dwelling, regardless of the duration of the term, shall be a violation of this chapter. For purposes of clarity, it is the intent of this subsection to prohibit hotels, boarding houses, bed-and-breakfasts, and similar uses wherein one or more rooms within a single-family dwelling are leased or rented for a period of days, weeks, or longer.
[Added 12-9-2019 by L.L. No. 6-2019]
G.
The listing of a single-family dwelling, or any portion thereof, on a website that is used to advertise short-term rental offerings, including, but not limited to, Airbnb, VRBO, or HomeAway, shall create a rebuttable presumption that the dwelling is being operated or used in violation of Subsections E or F of this section.
[Added 12-9-2019 by L.L. No. 6-2019]
§ 91-8 Accessory uses; permitted home business uses.
[Amended 3-21-2005 by L.L. No. 3-2005; 6-13-2005 by L.L. No. 4-2005]
A.
Accessory uses. In any residential district, no building or premises shall be used for any other than the use specified for which a building may be erected and for the accessory uses customarily incident thereto. The term "accessory use" shall not include any building or use not located on the same lot as the building or use to which it is accessory. A private garage for more than seven motor vehicles shall not be deemed an accessory use. An accessory apartment shall be deemed an accessory use to the main dwelling on the same lot.
B.
Permitted home business uses.
(1)
Permitted home business uses are limited to those satisfying the following requirements:
(a)
Regularly involves no persons or employees other than persons residing on the premises;
(b)
Is conducted entirely inside the primary single-family dwelling, shows no visible evidence from the exterior of the dwelling of the conduct of the occupation, business or profession and is not advertised by a sign;
(c)
Involves an area no larger than 25% of the floor area of the primary dwelling up to a maximum of 500 square feet that may be occupied by the home business;
(d)
Generates no additional traffic nor the need for off-street parking beyond customary needs of the persons residing at the primary dwelling;
(e)
Is not involved in the manufacturing, production or building of goods or keeping of a stock-in-trade on the premises and is not engaged in the purchase of goods for resale or sale of goods where the stock-in-trade or goods are kept or stored on the premises at any time;
(f)
Is conducted in such a manner that the occupation, business or profession does not serve at any one time more than one client, patient, student, customer or business or professional associate on the premises. One client, patient, student, customer or business or professional associate shall be defined as one individual or husband and wife in cases where a husband and wife are served on the premises or brothers and sisters in cases where siblings are served on the premises.
§ 91-9 Lot area and width.
[Amended 10-9-1946; 2-11-1991 by L.L. No. 1-1991; 3-14-1994 by L.L. No. 1-1994; 3-21-2005 by L.L. No. 2-2005; 8-11-2009 by L.L. No. 5-2009]
A.
Area of lot. The minimum lot area for each building, together with the accessory buildings appurtenant thereto, shall be as follows:
(1)
In a Residence A District, 1/2 acre.
(2)
In a Waterfront Preservation District A1, 1/2 acre.
(3)
In a Residence B District, 1/4 acre.
(4)
In a Waterfront Preservation District B1, 1/4 acre.
(5)
In a Residence C District, one acre.
(6)
In a Waterfront Preservation District C1, one acre.
(7)
In a Residence D District, 1/2 acre.
(8)
In a Waterfront Preservation District D1, 1/2 acre.
B.
Lot width. Each improved lot shall have the following minimum lot width: NOTE: The term "lot width" is already defined in Village Code § 91-2 (Definitions) as: "LOT WIDTH - The minimum width of the lot measured perpendicular to the depth of the lot at the minimum zone setback line established for the district."
[Amended 10-16-2017 by L.L. No. 9-2017]
(1)
In a Residence A District, 100 feet.
(2)
In a Waterfront Preservation District Al, 100 feet.
(3)
In a Residence B District, 100 feet.
(4)
In a Waterfront Preservation District B1, 100 feet.
(5)
In a Residence C District, 150 feet.
(6)
In a Waterfront Preservation District C1, 200 feet.
(7)
In a Residence D District, 75 feet.
(8)
In a Waterfront Preservation District D1, 100 feet.
C.
Floor area ratio. The maximum floor area ratio per lot shall be as follows:
(1)
In a Residence A District, 18%.
(2)
In a Waterfront Preservation District A1, 18%.
(3)
In a Residence B District, 30%.
(4)
In a Waterfront Preservation District B1, 30%.
(5)
In a Residence C District, 14%.
(6)
In a Waterfront Preservation District C1, 14%.
(7)
In a Residence D District, 18%.
(8)
In a Waterfront Preservation District D1, 18%.
D.
Lot area coverage. The maximum lot area coverage per lot shall be as follows:
(1)
In a Residence A District, 26%.
(2)
In a Waterfront Preservation District A1, 26%.
(3)
In a Residence B District, 36%.
(4)
In a Waterfront Preservation District B1, 36%.
(5)
In a Residence C District, 20%.
(6)
In a Waterfront Preservation District C1, 20%.
(7)
In a Residence D District, 26%.
(8)
In a Waterfront Preservation District D1, 26%.
§ 91-10 Minimum yard setbacks.
[Amended 10-9-1946; 3-3-1951; 6-8-1959; 2-11-1991 by L.L. No. 1-1991; 4-12-1993 by L.L. No. 1-1993; 3-14-1994 by L.L. No. 1-1994; 8-11-1997 by L.L. No. 1-1997; 8-11-2009 by L.L. No. 5-2009; 3-20-2017 by L. L. No. 2-2017; 10-16-2017 by L.L. No. 10-2017]
A.
Minimum front yard setback.
(1)
General. The minimum required front yard setback shall be as follows:
(a)
In a Residence A District, 25 feet.
(b)
In a Waterfront Preservation District A1, 50 feet.
(c)
In a Residence B District, 25 feet.
(d)
In a Waterfront Preservation District B1, 25 feet.
(e)
In a Residence C District, 25 feet.
(f)
In a Waterfront Preservation District C1, 200 feet.
(g)
In a Residence D District, 25 feet.
(h)
In a Waterfront Preservation District D1, 50 feet.
(i)
In Waterfront Preservation Districts A1, B1, C1 and D1, the front yard setback shall be measured from Huntington Bay or Huntington Harbor for lots fronting on said water bodies, or the property line that is closest to Huntington Bay or Huntington Harbor for lots not fronting on said water bodies.
(j)
In the Waterfront Preservation Districts A1, B1, C1 and D1, for lots not fronting on Huntington Bay or Huntington Harbor, the minimum front yard setback shall be 40 feet.
(2)
Corner lots. A corner lot shall have a minimum front yard setback along its principal frontage of the depth required by the preceding Subsection A(1) of this section. A corner lot shall also have a (minimum) front yard setback along the side street frontage of the following minimum depth:
(a)
In a Residence A District, 25 feet.
(b)
In a Waterfront Preservation District A1, 25 feet.
(c)
In a Residence B District, 25 feet.
(d)
In a Waterfront Preservation District B1, 25 feet.
(e)
In a Residence C District, 25 feet.
(f)
In a Waterfront Preservation District C1, 100 feet, with one side yard being a minimum of 40 feet.
(g)
In a Residence D District, 25 feet.
(h)
In a Waterfront Preservation District D1, 25 feet.
(3)
Through lots. A through lot shall have the minimum front yard setback along each frontage.
(4)
Permitted structures in front yard. The space in a front yard shall be open and unobstructed, and no structures shall be built in a front yard, except as set forth in Subsection D of this section.
(5)
Vision clearance. On any corner lot on which a front yard is required by this chapter, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location within such required front yard space as to cause danger to traffic by obstructing the view.
B.
Minimum side yard setback.
(1)
In the residence districts, every lot shall have a side yard along each lot line other than a street line or rear line, with a minimum side yard setback which shall be 25 feet in a Residence C District and 10 feet in Residence A, B and D Districts.
(2)
In the Waterfront Preservation Districts, every lot shall have a side yard along each lot line other than a street line or rear line, with a minimum side yard which shall be as follows:
C.
Minimum rear yard setback.
(1)
In a Residence C District, every lot shall have a minimum rear yard setback of 25 feet. In A, B and D Residence Districts, the minimum rear yard setback shall be 10 feet.
(2)
In the Waterfront Preservation District C1, every lot shall have a minimum rear yard setback of 40 feet. In Waterfront Preservation Districts A1, B1 and D1 every lot shall have a minimum rear yard setback of 25 feet.
D.
Items permitted in setback areas; compliance of driveways.
(1)
Notwithstanding any other provision of the Code, fences and mailboxes shall be permitted within a front yard and within minimum yard setback areas. Signs shall be permitted within a front yard and within minimum yard setback areas so long as the requirements of Chapter 71 are satisfied.
(2)
Driveways are permitted within front, side and rear yards, provided they are set back from the property line a distance equal to no less than 1/2 the depth of the minimum front, side or rear yard (setback). Notwithstanding the foregoing, driveways may cross minimum front, side or rear yard setback areas in order to provide access to a street.
(3)
Accessory buildings and structures having a footprint of no more than 300 square feet, and all retaining walls, are permitted within side and rear yards, provided they are set back from the property line a distance equal to no less than 1/2 the depth of the minimum side or rear yard setback.
(4)
In a residence district, cornices or eaves on any building may project not more than two feet into the minimum front, side or rear yard setback.
§ 91-11 Dwellings.
[Added 3-3-1951; amended 1-28-1963; 2-11-1991 by L.L. No. 1-1991; 3-14-1994 by L.L. No. 1-1994]
A.
General. The requirements of this section provide minimum standards and shall apply to all new dwellings and to reconstructions, alterations and conversions of such structures existing prior to the adoption of this chapter.
[Amended 8-11-2009 by L.L. No. 5-2009]
B.
Limitation.
[Amended 2-13-2006 by L.L. No. 3-2006; 8-11-2009 by L.L. No. 5-2009]
(2)
Minimum size. Every dwelling shall have a ground floor livable area of not less than 900 square feet; except that for a dwelling with an attached garage the livable area of the ground floor may be reduced to 600 square feet, provided that there is a second story with at least 400 square feet of finished livable area. The term "livable area" shall be construed as applying to space in which persons normally live and shall include only living rooms, dining rooms, bedrooms, kitchens, bathrooms, closets containing not more than 15 square feet for each such room and only such rooms as are finished and accessible directly or by permanent stairs.
(3)
Every dwelling shall contain at least a living room, a bedroom, a kitchen and a bathroom. Each kitchen shall contain at least a refrigerator, a stove and a sink. Each bathroom shall contain a tub or shower bath, a sink and a water closet.
(4)
No existing dwelling shall be changed or altered so that it fails to comply with the provisions of this section.
C.
Toilet facilities. In every building where there is continuous human occupancy, there shall be at least one bathroom, properly connected with the drainage and vent systems. No bathrooms shall be placed outside of a building.
[Amended 8-11-2009 by L.L. No. 5-2009]
D.
With every dwelling, there shall be provided an enclosed garage to house at least one automobile. Said garage may be attached to or form part of the dwelling.
[Amended 8-11-2009 by L.L. No. 5-2009]
E.
Site plan review.
[Amended 5-1-2006 by L.L. No. 5-2006]
(1)
Applicability. Uses and construction requiring site plan approval by the Board of Trustees. Site plan approval shall be required for all permitted principal uses, special uses, accessory uses and nonresidential uses:
[Amended 10-16-2006 by L.L. No. 6-2006; 8-11-2009 by L.L. No. 5-2009; 1-5-2012 by L.L. No. 9-2012]
(a)
Waterfront Preservation Districts. All proposals for development in the Waterfront Preservation Districts require site plan review. The visual impact of proposed development shall be minimized in terms of views from the site and adjacent roads to Huntington Bay or Huntington Harbor and from Huntington Bay or Huntington Harbor to the site. Analysis shall consider the materials used, the massing of buildings, the scale of development, the view of the water from residences upland of the site and the use of landscaping and natural growth. The possible intrusion of new development on the visual setting of the existing dwellings and/or historic structures on nearby properties shall also be evaluated, as well as the possible impact on wetlands. Site design and construction management shall be undertaken in a manner so as to prevent adverse effects from erosion, siltation and flooding.
(b)
Village-wide.
[1]
Village-wide (excluding the Waterfront Preservation Districts). All proposals for development elsewhere in the Village require site plan review for construction of a new building and/or an enclosed structure in excess of 80 square feet, or for the alteration or reconstruction of an existing building or enclosed structure when such alteration or reconstruction involves in excess of 20% of the floor area square footage of the buildings or enclosed structures; or
[2]
Village-wide (including the Waterfront Preservation Districts). All proposals for clearing or grading activities when more than 2,000 square feet of area or 20% of the lot area is impacted; where the import or export of 100 cubic yards of soil and/or debris results; and where a preexisting drainage condition, including the rerouting or blockage of off-site flow through the property, is altered.
(2)
Required elements. The elements to be included on site plans shall consist of, but are not limited to, the following, where appropriate: parking, means of access, screening, signs (to the extent permitted elsewhere in the Code), landscaping, location and dimensions of buildings, adjacent land uses and owners, physical features meant to protect adjacent land uses, existing and proposed drainage structures.
(3)
Information to be submitted.
(a)
Each application for a building permit subject to site plan review shall be submitted to a Village Building Inspector on the prescribed form, together with the appropriate fees. In addition to the information required to be submitted therewith under any other local law, such application shall be accompanied by the following:
[1]
Three copies of the site plan addressing the relevant criteria.
[2]
A survey showing the applicant's entire property and any adjacent streets, rights-of-way, if any, or easements. The survey shall depict all existing structures and improvements on the property, including but not limited to buildings, retaining walls, driveways, decks, drainage structures, etc. The survey shall include topographic information and locate all trees of greater than eight-inch caliber measured three feet above surrounding grade. The survey must have been dated and issued within one year of the date of application.
[3]
Proof of ownership of the property.
[4]
Copies of covenant or deed restrictions applicable to or intended to cover the site.
[5]
Copies of any legal instruments covering any streets, rights-of-way, if any, or easements.
[6]
A topographic map.
[7]
Village of Huntington Bay environmental assessment form.
[8]
Existing and proposed grading, erosion control, landscape and drainage information.
[Added 10-16-2006 by L.L. No. 6-2006]
(b)
Waivers.
[Amended 10-16-2006 by L.L. No. 6-2006]
[1]
The Village may waive, in its discretion, the submission of any of the foregoing requirements in the case of an application for a building permit covering alterations or additions to existing structures. All such plans and drawings must bear the signature and seal of a New York State licensed professional.
[2]
The Village may waive in its discretion, the submission of any of the foregoing requirements in the case of site plan review generated by actions identified in § 91-11E(1)(a)[2][b]. The applicant must at a minimum submit a plan detailing the location of grading activity, tree removal, soil import/export for review and supporting documentation detailing/supporting the requested waiver. The Village Building Inspector will review the submitted documents, conduct a site visit and determine if a waiver of the site plan process is permissible. The determination of a waiver of process shall be based on a conclusion that the proposed action will not result in significant alteration of existing drainage patterns and/or existing visual buffers or view corridors.
(4)
General considerations.
(a)
In reviewing site plans, consideration shall be given to the public health, safety and welfare and to the comfort and convenience of the public in general, of the residents of the community at large and of the immediate neighborhood in particular.
(b)
In reviewing site plan applications, the Board of Trustees shall give consideration to, but shall not be limited by, the following factors, among others:
[Amended 1-5-2012 by L.L. No. 9-2012]
[1]
That all proposed vehicular and pedestrian accessways are adequate in width, grade, alignment and visibility, are not located too near street corners and other similar design and safety considerations.
[2]
That sites are reasonably screened from the view of adjacent and/or nearby parcels and streets and that the general landscaping and general character of the site is such as to enhance the character of the Village and local community and is in character with the neighborhood. The site plan shall include an analysis of existing and proposed additional landscape improvements to comply with the intent of this section.
[3]
That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. The Board of Trustees may require an applicant to submit a plan showing all such existing trees and/or all existing vegetation. If review pursuant to this section is required, no land clearing shall be conducted except pursuant to the approved site plan and not until the site plan approval has been filed and a building permit issued by the Building Inspector. The site plan shall identify all steep slope areas within the property. The site plan shall include an analysis of compliance with the Village Steep Slope Ordinance.[1]
[4]
That all outdoor lighting is of such nature and design and arranged so as to preclude the diffusion of glare onto adjoining properties and streets.
[5]
That building facades are compatible with the surrounding area.
[6]
That the drainage system and layout proposal will afford an adequate solution to any reasonably anticipated drainage problems. The site plan shall provide information regarding the capacity of the existing stormwater drainage facilities on the site. The applicant shall provide sufficient drainage to comply with the Village Code. In cases where renovation or expansion of an existing building is proposed, the site plan shall provide sufficient drainage volume to accommodate all renovated structures and new structures. In the event that the applicant is renovating/expanding more than 50% of the building, the floor area of the entire building shall be considered in the drainage computation. The site plan shall include provisions for control of erosion during the construction process and after construction is complete. The erosion controls proposed shall be consistent with New York State Department of Environmental Conservation criteria.
[7]
That the general health, safety and welfare of the Village and the local community are not negatively affected by the proposed site plan.
[8]
That the proposed site plan will provide development in harmony with, and which will have a positive influence upon, the community.
(5)
Considerations relating to Waterfront Preservation Districts. The visual impact of proposed development shall be minimized in terms of views from the site and adjacent roads to Huntington Bay or Huntington Harbor and from Huntington Bay or Huntington Harbor to the site. Analysis shall consider the materials used, the massing of buildings, the scale of development, the view of the water from residences upland of the site and the use of landscaping and natural growth. The possible intrusion of new development on the visual setting of the existing dwellings and/or historical structures on nearby properties shall also be evaluated, as well as the possible impact on wetlands. Site design and construction management shall be undertaken in a manner so as to prevent adverse effects from erosion, siltation and flooding. All site plans must be prepared by a New York State licensed professional engineer, architect or landscape architect.
[Amended 8-11-2009 by L.L. No. 5-2009]
F.
Accessory apartments. Conditions for approval. No premises may be used or occupied as an accessory apartment, except in compliance with the following conditions:
[Added 3-21-2005 by L.L. No. 3-2005]
(1)
Single-family owner-occupied lots. Accessory apartment facilities shall be permitted only on single-family, owner-occupied parcels of land. The single-family dwelling must be the principal residence of the owner of the accessory apartment. The principal use of the property shall remain that of a single-family residential dwelling.
(2)
Permitted occupants.
[Amended 2-12-2007 by L.L. No. 1-2007]
(a)
Occupancy by domestic employees/caretakers. At least one of the occupants of the accessory apartment must be employed substantially full-time as a domestic employee and/or caretaker at the premises where the accessory apartment is located. The maximum occupancy of the accessory apartment under this subsection is three persons; or
(b)
Occupancy by family members. At least one of the occupants of the accessory apartment must be related by blood, marriage, or adoption to one of the owners or occupants of the principal dwelling on the lot where the accessory apartment is located. The maximum occupancy of the accessory apartment under this subsection is three persons.
(3)
Location, size and number of units.
(a)
An accessory apartment may be located in the principal dwelling building; provided that such principal building either has a certificate of occupancy or qualifies for a certificate of occupancy.
(b)
An accessory apartment may be alternatively located in an accessory building such as a barn or garage, provided that such accessory building either has a certificate of occupancy or qualifies for a certificate of occupancy.
(c)
There shall be no more than one accessory apartment permitted per one family building lot. An accessory apartment is not permitted on any lot where two dwelling units already exist, regardless of whether one is a prior nonconforming dwelling unit or not.
(d)
An accessory apartment shall be limited to a gross floor area of no more than 400 square feet.
(4)
Design. The architectural treatment of the structure shall be such as to maintain the character of the single-family dwelling unit. Only one main entrance shall be permitted on the front side of the building, and all other entrances shall be at the side or in the rear, except that, for a corner lot, there may be a single main entrance on that side of the building which has been established as the front side, and all other entrances are to be at the rear of the building, if possible.
(5)
Sanitary approval. A certificate of approval shall be obtained from the Suffolk County Department of Health Services as may be applicable, for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the accessory apartment on any premises where such conversion is proposed.
(6)
Certificate of occupancy. No premises within the Village may be used or occupied as an accessory apartment prior to Building Inspector approval and the issuance by the Building Inspector of a certificate of occupancy. Before the issuance of a certificate of occupancy, the Building Inspector shall inspect the structure proposed to be used for an accessory apartment. The inspection shall determine whether or not the structure is structurally sound. No certificate of occupancy shall be issued without a determination by the Building Inspector that the structure is structurally sound.
(7)
Inspections. Inspections for compliance, as required by the Building Inspector, will be made and a certificate of occupancy incorporating all site plan conditions must be secured prior to the use of the accessory apartment. Periodic inspections will be made by the Building Inspector to verify compliance with the certificate of occupancy. Refusal by the property owner or the tenant of an inspection of the premises by the Building Inspector may be grounds for revocation of the certificate of occupancy.
(8)
No rentals. Rental of an accessory apartment is prohibited.
§ 91-12 Outdoor water pools.
[Added 11-14-1960]
A.
It shall be unlawful to construct, maintain, install or enlarge any outdoor water pool in any residential zone in the Village of Huntington Bay except in compliance with all of the provisions of this section.
C.
Terms. Permits for the construction, installation, enlargement or alteration of any pool shall be issued by the Building Inspector and shall be subject to all applicable provisions of this chapter.
D.
Materials of construction. Pool walls and floors shall be constructed of any impervious material which shall provide a tight tank and shall be of sufficient strength to contain the water therein.
E.
Drawings and plans.
(1)
All drawings and plans for the construction, installation, enlargement or alteration of any pool shall be submitted to the Building Inspector for examination and approval as to proper location and construction.
(2)
Plans and drawings shall show lot lines and shall include information pertinent to the pool, fence construction, water supply system, drainage water disposal system and all appurtenances as well as detailed plans and vertical elevations. A detailed survey showing proposed location of pool, filter and all existing structures, cesspools, septic tanks, waste lines, water service, pool lighting, overhead electrical lines, underground electrical lines, gas main, telephone lines, as well as the four corner elevations of the property, house, street, top of coping of pool and proposed fencing shall be submitted.
[Amended 4-12-1976 by L.L. No. 2-1976]
(3)
Pools, appurtenances, water supply, drainage systems and fences shall be constructed in conformity with the approved plans.
F.
Water disposal. All water either overflowing or emptying from the pool shall be disposed of on the owner's land, and plans submitted shall show provisions made for preventing such water from flowing onto the land of any adjoining property owner or into any abutting street.
G.
Fences. All pools shall be completely enclosed by a fence, and all fence openings or points of entry into the pool area enclosure shall be equipped with gates. The fence and gates shall be not less than four feet in height above the grade level and shall be constructed of any material which has no aperture or opening exceeding six inches at any point. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gates and all gates shall be locked whenever the pool is unattended.
H.
Size and location. All pools shall comply with the requirements of this chapter relating to accessory buildings.
[Amended 12-10-2007 by L.L. No. 5-2007]
I.
Lights. All lights used to illuminate the pool or pool area shall be shielded so as to prevent their shining upon the property of any adjacent property owner.
§ 91-12.1 Temporary storage units.
[Added 9-8-2014 by L.L. No. 4-2014]
A.
Purpose and intent. The purpose of this section is to allow for the temporary placement and use of temporary storage units on properties within the Village of Huntington Bay, subject to regulations that the Board of Trustees has determined to be necessary to ensure that the placement and use of said temporary storage units will not offend the health, safety and aesthetics objectives of the Village. Accordingly, it is the intent of this section to regulate the placement and use of temporary storage units in order to promote the health and safety of the residents of the Village and to preserve the aesthetic value of its neighborhoods.
B. APPLICANT SUPPLIER TEMPORARY STORAGE UNIT
Definitions. As used in this section, the following terms shall have the meanings indicated:
A person or entity that owns, rents, occupies, or controls a property and seeks and/or obtains a written permit to place a temporary storage unit on said property.
The person or entity that supplies a temporary storage unit for use on the applicant's property,
A transportable unit or container, including those containers manufactured or supplied under the trade name "Portable On-Demand Storage" or "PODS®," designed and used primarily for the temporary storage of building materials, household goods, personal property of any kind, and other such materials for use on a limited basis. Such units shall not be considered an accessory structure as provided in Chapter 91 of the Code of the Village of Huntington Bay.
C.
Permit required. No person shall place a temporary storage unit on any property in the Village unless the person that owns, rents, occupies, or controls the property first obtains a written permit from the Village Clerk to do so.
D.
Application; fee.
(1)
An applicant seeking a permit to place a temporary 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 temporary storage unit.
(c)
The address of the property where the temporary storage unit will be located.
(d)
The intended use for the temporary storage unit.
(e)
A description or diagram of the location where the temporary storage unit will be placed on the property.
(f)
A physical description of the temporary storage unit, including its physical dimensions.
(g)
The dates when the temporary storage unit will be placed on the property.
(2)
All applications for permits to place a temporary storage unit and extensions thereof shall be accompanied by a fee of $50.
E.
Duration; extensions.
(1)
Permits to place a temporary storage unit shall be granted for a period of 30 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)
At the expiration of the thirty-day permit period, a permit may be extended for one additional thirty-day period for good cause shown. Where a valid building permit exists for the premises and the temporary storage unit is being used solely to store the personal property of the owner or occupant of the premises, multiple thirty-day permit extensions may be granted for good cause shown. 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.
F.
Requirements for placement and use of temporary storage units. The following requirements shall apply to the placement and use of temporary storage units:
(1)
It shall be unlawful for any person or entity to place or permit the placement of a temporary storage unit on property located within the Village without obtaining a written permit as provided above.
(2)
Only one temporary storage unit shall be located on any one property at any given time.
(3)
Temporary storage units shall be limited to a maximum size of nine feet in height, 10 feet in width or 20 feet in length.
(4)
Temporary storage units shall not be located in any portion of the front yard, other than on a driveway or other paved surface. When placed on a driveway, temporary storage units must be placed at the farthest accessible point from the street. A temporary storage unit shall not be placed less than 10 feet from a property line.
(5)
Temporary storage units are prohibited from being placed in or on public or private roadways or rights-of-way.
(6)
Temporary storage units shall not be located in a manner that blocks the flow or obstructs the vision or sight of vehicles and pedestrians traveling on public or private roadways, sidewalks or parking lots.
(7)
The applicant, as well as the supplier, shall be responsible for ensuring that the temporary 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.
(8)
Temporary storage units shall be conspicuously marked with the name and address of the supplier and have affixed thereon a copy of the written permit authorizing the placement of the temporary storage unit on the property.
(9)
No temporary 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 temporary storage unit is located (i.e., used for retail sales) or any other illegal or hazardous material. Upon reasonable notice to the applicant, the Village may inspect the contents of any temporary storage unit at any reasonable time to ensure that it is not being used for any prohibited purpose.
(10)
A temporary 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 immediately, without 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 temporary storage unit was located, which costs shall be collected and enforced in the same manner as real property taxes.
G.
Revocation of permit. If the applicant or supplier fails to comply with the requirements for the placement and use of temporary storage units, the Village Clerk shall revoke the permit. Upon revocation of the permit, the temporary storage unit shall be removed from the property within 24 hours.
§ 91-13 Division of lots; additions.
[Added 12-13-1976 by L.L. No. 8-1976]
A.
No lot or parcel of land shall be sold, divided or set off in such a manner that either the portion sold, divided or set off or the portion remaining shall fail to comply with minimum area, open space, yard or other regulations prescribed by this chapter for the district in which such land is situated.
B.
Whenever a single lot which has been excepted from the area, width and yard requirements of a particular district by reason of such lot being in single and separate ownership on a certain date is joined by common ownership to an abutting lot, the greater area, width and yard requirements for the particular district shall apply to the increased-size lot.