Nissequogue City Zoning Code
ARTICLE III
Use Restrictions
§ 128-20 Conformity required.
In any residence district, no building or premises shall be used, and no building or group of buildings or part of a building or structure shall be erected, constructed, enlarged, altered, arranged or designed to be used, in whole or in part, except for one or more of the uses set forth below.
§ 128-21 Permitted principal uses.
§ 128-22 Permitted special uses.
[Amended 11-18-1982 by L.L. No. 1-1982; 12-18-1986 by L.L. No. 5-1986; 1-15-1987 by L.L. No. 1-1987; 3-20-2007 by L.L. No. 2-2007]
A.
The following uses are permitted subject to conformity with requirements set forth below and in §§ 128-34 through 128-38.
(1)
Churches and other places of worship, located on a site of at least five acres and with adequate provision for parking at times of maximum attendance or use of the premises, with landscaping and controls over lighting as may be required so as to protect and not adversely affect adjoining residential properties, and with means of ingress and egress which are properly related to the street system.
(2)
Farms, farm uses, customary farm occupations, nurseries and greenhouses, provided that:
(a)
No manure or odor- or dust-producing substance or use shall be permitted or stored within 100 feet of any property line.
(b)
A fence shall be installed to prevent straying of any livestock or poultry, which fence shall be maintained in sound condition and shall be required to be of a design and appearance appropriate for the surrounding neighborhood.
(c)
There shall be no sale to the public at retail of produce or plant material or other items, whether or not produced on the premises.
(3)
Guest houses in R-2 Districts, for use solely by guests, relatives and employees of the owner-occupants of existing one-family dwellings. Such houses shall be considered accessory buildings, and one such house shall be permitted on the same lot as a one-family dwelling, provided that such lot has at least twice the area required by § 128-24 for the R-2 District. The Village Board may establish, from time to time, such conditions on the nature and length of occupancy of such houses as to assure that they will not be used except for purposes clearly incidental to the maintenance and enjoyment of the principal use for the lot on which they are located, except that any guesthouse in existence at the time of adoption of this chapter may be continued in its then usage so long as such building remains standing.
(4)
Equitation centers in R-2 Districts, provided that an applicant for a special permit to operate such special use (the operator) shall submit to the Village Board evidence of compliance or intended compliance with the following:
(a)
Ownership or a leasehold of a minimum of 25 contiguous acres available for equestrian use as hereinafter permitted, with direct noneasement access to a public Village road with a minimum paved surface of at least 20 feet in width.
(b)
Barns or other structures accommodating horses are or will be constructed pursuant to the New York State Building Code and will contain no standup stalls, and any newly constructed box stalls will be no smaller than 10 feet by 10 feet. No such stall shall house more than one horse (except mares with foals), and each horse shall be housed in a stall. Any such center shall have an indoor riding arena with a minimum riding area of 70 feet by 140 feet.
(c)
The maximum number of horses kept and maintained on the premises for any reason shall not exceed 75, not counting foals.
(d)
All horses kept and maintained on the premises shall be either privately owned and boarded or owned by the operator and used solely for breeding, sale or equestrian instruction. Under no circumstances shall rental horses be leased for unsupervised riding, nor shall an equitation center be used as a hack stable. Under no circumstances shall horses owned by an equitation center be ridden off the premises.
(e)
The number of horse shows per calendar year shall be determined by the Board of Trustees of the Village of Nissequogue at the time of issuance or renewal of permit, but in no event shall any show begin prior to 8:00 a.m. or terminate later than 6:00 p.m. Additionally, no show shall be held on the Memorial Day, Fourth of July or Labor Day weekends. Adequate on-premises parking, not adjacent to existing residences unconnected with an equitation center, shall be provided for horse shows. All applicable state, county and Village noise, safety and sanitary regulations shall be observed. All amplification systems used for horse shows must be reviewed and approved by the Village Engineer prior to any show. The Village Police and Fire Departments shall be given a minimum of 10 days' notice of any horse shows. All parking plans shall be subject to prior police approval and shall be further subject to such other rules and regulations as may be formulated by the Village Board from time to time, but in no event shall parking be permitted within 100 feet of a boundary line unless said boundary line is adjacent to a Village or private road. Any extraordinary Village expenses occasioned by horse shows shall be borne by the operator, including but not limited to police and emergency services.
(f)
Vending machines on the premises shall number no more than three and shall offer only food and nonalcoholic beverages to patrons of the equitation center, where located. There shall be no manual or electronic amusement machines or games on the premises.
(g)
Retail sales of supplies for the care and upkeep of horses shall be conducted in an indoor area of not more than 250 square feet, and any such service shall be owned and operated by the operator of the equitation center and shall be limited to patrons of such center where located. All other retail sales shall be prohibited.
(h)
Any manure not spread as fertilizer must be kept in a single enclosed area not closer than 100 feet to any property line.
(i)
The entire equitation center shall be enclosed by adequate fencing and gates which shall be kept in good repair.
(j)
Any barn or structure used in connection with an equitation center shall be constructed no closer than 200 feet to any property line. Any outdoor lighting must be approved, before installation, by the Village Board.
(k)
The Village Board, in granting a special permit for an equitation center, may impose, from time to time, such other conditions and limitations as the Village Board deems justified to protect the health, safety and welfare of the Village.
(l)
Any special permit granted pursuant to this section shall be for a period of three years. No renewal permit shall be granted unless the operator making application therefor evidences continued adherence to the standards set forth herein.
§ 128-23 Permitted accessory uses.
The following shall be permitted accessory uses:
A.
A private garden house, toolhouse, playhouse, greenhouse, bathhouse, boathouse or similar private accessory use not used for commercial or public purposes.
B.
A private swimming pool, tennis court or dock.
C.
A private garage or carport for housing private passenger cars of residents and their employees living on the premises.
D.
The temporary storage of a boat, house trailer, boat trailer, auto trailer, mobile house trailer or camper vehicle, provided that the same is enclosed within a building or is screened from view by evergreen planting and provided that the same is not used for dwelling purposes.
E.
A private stable for the housing of horses or similar domestic animals (including mules and donkeys), used exclusively by the owner of such property his household guests and employees, provided that the lot shall have an area of at least two acres for one or two such animals and one additional acre for each additional animal; provided, however, that no stable shall be erected or maintained within 100 feet of any street or property line and that no manure shall be stored within 100 feet of any property line.
F.
Signs used on the same lot in conjunction with a permitted principal or accessory use not exceeding 15 inches by 20 inches in size, provided that such signs are not painted with reflective or luminous-type paint. Such signs may display "private road," "no trespassing" and "no hunting" and similar messages, but a "for sale" sign shall contain only a telephone number for inquiry purposes, and a lot identification sign in connection with new construction shall be without advertising content.