Nissequogue City Zoning Code
ARTICLE IV
District Restrictions
§ 128-24 Size and area requirements.
A.
For convenience in the administration of this chapter, there is hereby established and declared to be a part of the chapter the following schedule for the various residence districts setting forth minimum area of lots, minimum sizes of yards and open spaces, minimum setbacks from bodies of water, wetlands, beaches and bluffs and other limitations and requirements. The requirements listed for each district as designated are subject to all provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.
[Amended 6-27-1991 by L.L. No. 7-1991]
B.
Schedule of building requirements.
(8)
The minimum floor area per dwelling shall be:
(10)
The maximum floor area per dwelling shall be:
[Added 10-17-2000 by L.L. No. 1-2000]
(a)
For a one-story structure including garage, the square footage (floor area) shall not exceed 6% of the square footage of the lot.
(b)
For a two-story structure including the garage, the square footage (floor area) shall not exceed 8% of the square footage of the lot.[1]
[1]
Editor's Note: Former Subsection B(10)(c), regarding calculation of square footage, which immediately followed this subsection, was repealed 6-26-2001 by L.L. No. 3-2001.
C.
Schedule of waterfront and wetland setbacks.
[Added 6-27-1991 by L.L. No. 7-1991]
(1)
The minimum setback in an R-2 District and an R-1 District of all buildings and structures, except docks, retaining walls, erosion protection structures and beach access stairways and walkways, shall be:
D.
Schedule of other limitations and requirements.
[Added 6-27-1991 by L.L. No. 7-1991]
(1)
In all residence districts, no residential building shall be permitted within coastal high-hazard areas (V Zones). A coastal high hazard area is defined as those areas subject to high-velocity waters, including but not limited to hurricane wave wash. These areas are designated on the Flood Insurance Rate Map (FIRM) prepared for the Village by the Federal Emergency Management Agency as Zone V1-30.
(2)
In all residence districts, there shall be no construction, improvements or development of any slope of 25% or more, except for conservation measures designed to maintain the steep slope in its natural form.
[Amended 8-16-2005 by L.L. No. 3-2005]
§ 128-25 Provisions subject to exceptions and modifications.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations.
§ 128-26 Terraces and porches.
A paved terrace shall not be considered in determination of yard size; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high but shall not project into any yards more than 15 feet. Any two-story or enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in the determination of the size of the yard.
§ 128-27 Walls and fences.
[Amended 2-15-2005 by L.L. No. 2-2005]
A.
No fence or wall shall be constructed, installed or erected without first being approved by the Building Inspector.
B.
A permit must be obtained for the erection of any fence or wall by application to the Building Inspector on forms provided by the Village. The application must be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the Village and be accompanied by a permit fee as determined by the Board of Trustees, Upon approval by the Building Inspector, a permit shall be issued, which will be in effect for a period of six months after the date therein. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials, including but not limited to the Building Inspector, Mayor and Trustees.
C.
Height limitations.
[Amended 1-17-2006 by L.L. No. 1-2006; 2-19-2008 by L.L. No. 1-2008; 9-18-2012 by L.L. No. 1-2012]
(1)
(2)
Front yards. No constructed fence or wall shall be higher than four feet in any front yard from the established grade at the point of construction, except for fences to contain horses, which shall be no more than six feet in height.
(3)
Side yards. No constructed fence or wall shall be more than four feet in height at the side of homes and buildings, except for:
D.
Location restriction. Any fence or wall erected under this chapter shall be placed at least one foot back from any property line. Any constructed fence erected in a front yard shall be placed at least 25 feet back from the property line. Living fences shall be placed in accordance with Subsection C of this section.
E.
Materials and composition.
[Amended 12-15-2015 by L.L. No. 10-2015]
(1)
Any fence, wall or similar structure which unduly cuts off light and air, or which may cause a nuisance, a fire hazard or a dangerous condition, is hereby expressly prohibited.
(2)
The following fences and fencing materials are specifically prohibited:
(a)
Barbed wire.
(b)
Pointed fences under three feet in height.
(c)
Canvas fences.
(d)
Cloth fences.
(e)
Electrically charged fences.
(f)
Poultry fences.
(g)
Turkey wire.
(h)
Temporary fences, such as snow fences, unless on construction sites with Village Board permission.
(i)
Expandable fences and collapsible fences, except during construction of a building.
(j)
Cyclone-type or wire fences.
(k)
Chain-link, except surrounding pools and tennis courts.
(l)
Vinyl or plastic fences.
(m)
Stockade fences.
(3)
All entrances or gates shall open onto the property.
(4)
Any fence must have the smooth side or finished side facing to the outside of the property of the owner installing the fence. Fence posts must be placed on the inside of the fence.
(5)
All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with the visibility of vehicular or pedestrian traffic.
(6)
All fences or walls must be maintained in good repair at all times.
F.
Powers and duties of the Building Inspector.
(1)
The Building Inspector shall have the authority to direct the immediate repair and maintenance of all fences and walls.
(2)
The Building Inspector shall have the authority to direct, in writing, the removal, trimming or modification, within five days, of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or other structure on private or public property, wherever the same shall interfere with adequate visibility for operators of motor vehicles at street intersections or curbs.
(3)
Any person who shall refuse or neglect to comply with the written direction of the Building Inspector shall be guilty of a violation under the terms of this chapter.
(4)
If the property owner feels aggrieved by any decision of the Building Inspector, he or she shall have a right of appeal to the Board of Trustees, provided that said appeal is accomplished in writing within 10 days of the written notification from the Village Building Inspector. Said appeal shall be filed with the Village Clerk.
G.
On any corner lot, no wall, fence or other structure shall be erected, altered, or maintained at a height greater than four feet at any point within a radius of 30 feet of the point formed by any intersecting roads or highways, and provided, further, that such height shall be measured from the existing elevation of the center line of such highway opposite such wall, fence or other structure.
§ 128-27.1 Area surrounding driveways.
[Added 5-21-2002 by L.L. No. 1-2002; amended 4-13-2004 by L.L. No. 1-2004]
A.
Neither the yard requirements of this chapter nor the restrictions on removal of trees and flora pursuant to Chapter 111 shall be deemed to prohibit the clearing of trees or flora, or erection, placement or maintenance of mailboxes, posts, piers, stanchions, estate gates, entranceway lights, lighting fixtures, statuary, landscaping plantings or the equivalent, as well as any additional approved structures, within the fifteen-foot triangle area formed by the straight line of the street and the straight line along either side of a residential driveway, provided said erection, placement or maintenance complies with the following:
(2)
Estate gates, gate posts and piers, including any appurtenance affixed thereto, shall not exceed eight feet in height, as measured from the original or preestablished grade of land. Such estate gates, gate posts and piers shall be located a minimum of 15 feet from the edge of any paved road in the Village.
(3)
Light posts, including any appurtenance affixed thereto, cannot exceed eight feet in height, as measured from the original or preestablished grade of land. Such light posts shall be located a minimum of 15 feet from the edge of any paved road in the Village.
B.
All other restrictions in the Code shall remain in full force and effect. The Building Department of the Village shall issue a permit for the improvement set forth above.
§ 128-28 Visibility at intersections.
At any street intersection in any residential 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, measured along said street lines. The height of three feet shall be measured above the road surface at the nearest edge of the road. This section shall not apply to the then-existing trees, provided that no branches are closer than eight feet to the ground.
§ 128-29 Yards for corner lots.
On a corner lot in any residence district, there shall be provided a yard on each street equal in depth to the required front yard on such streets. A rear yard shall be provided on each corner lot, and the owner shall elect which yard is the rear yard.
§ 128-30 Exceptions to height limitations.
The height limitations of this chapter shall not apply to spires, cupolas and domes of churches nor to chimneys, ventilators, skylights or similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve.
§ 128-31 Floor area of dwellings.
§ 128-32 House trailers.
House trailers shall be prohibited from all districts, except that one trailer may be parked or stored in an enclosed accessory garage or accessory building, provided that no living quarters shall be maintained nor any business conducted in connection therewith while such trailer is stored.
§ 128-33 Swimming pools and tennis courts.
[Amended 8-20-2002 by L.L. No. 2-2002; 9-18-2012 by L.L. No. 1-2012]
A.
No portion of any swimming pool or tennis court or similar athletic facility shall be located closer to any lot line than the required minimum yard dimensions set forth in § 128-24.
B.
Any tennis court or similar athletic facility shall be located entirely in the side yard or the rear yard of the premises.
C.
Any swimming pool and all its appurtenances and accessories shall be located entirely in the rear yard of the premises. Specifically, they shall not be located in any front yard or in any portion of the lot located in the space created between the nearest roofed portion of the principal building or buildings and the side lot lines and extending from the curbline to the rear property line.
D.
Spilloffs and drainage from any swimming pool shall not be permitted to flow onto adjacent property, including streets.
§ 128-33.1 Limitation on use of certain building construction materials.
[Added 7-16-2019 by L.L. No. 1-2019]
A.
The Village Board wishes to limit and deter the use of certain materials, including plastics and plastic-type materials, as the main materials on structures within the Village.
B.
All exterior cladding, decking, skirting, fencing, and similar items used on structures within the Village must be made of natural wood or any other material approved for use by the Village Board. A list of approved materials will be maintained by the Building Department. Natural wood and approved materials must be left natural, stained or painted.
C.
Synthetic, metal, plastic or plastic-type materials will not be permitted on visible portions of buildings, decks or other structures, except as set forth herein.