North Haven City Zoning Code
ARTICLE II
Use Regulations and Requirements
§ 163-10 One-Family Residence R-1 District uses.
In One-Family Residence R-1 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in part for any uses except the following:
B.
The following commercial agricultural operations and accessory uses thereto, provided that there shall be no stable or similar facility for the housing of animals or the storage of manure or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line.
(1)
The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products thereof, provided that no building is erected and signs conform to Chapter 137, Signs. The seasonal sale of products shall be restricted to those grown on the premises.
[Amended 4-1-1975 by L.L. No. 1-1975]
(2)
The keeping, breeding and raising of cattle (including dairies), sheep, goats and horses and the rental of horses, on lots of 20 acres or more.
(3)
Any provision to the contrary notwithstanding, the keeping of chickens and bantams by a special permit issued by the Board of Trustees subject to the following conditions:
[Amended 8-3-2010 by L.L. No. 3-2010]
(a)
The number of chickens or bantams shall not exceed six per 20,000 square feet of lot area, in no event more than 18 on any parcel;
(b)
Commercial sale of any chicken, bantam or poultry product is prohibited;
(c)
Roosters are prohibited;
(d)
Any coop structure, exclusive of an outdoor pen, shall not exceed 100 square feet or 10 feet in height, shall be located in a rear yard only and shall maintain a setback to any side or rear yard line of not less than 20 feet;
(e)
Any outdoor area used by chickens or bantams shall be fenced so as to prohibit harm to the chickens or bantams and so as to limit the chickens or bantams to within the fenced area;
(f)
The Zoning Board of Appeals is not authorized to grant any variance to the requirements of this subsection, excepting that the Zoning Board of Appeals is authorized to grant area variances to the minimum lot area requirement in Subsection B(3)(a); and
(g)
Any application for a special permit under this subsection shall require applicant to mail by certified mail a notice of said application including a plot plan showing any coop or other structure and fenced area to each bounding neighbor at least 14 days prior to any hearing or said application.
(4)
Barns, silos and toolsheds accessory to any aforementioned use, provided that such accessory buildings shall conform to the yard requirements for principal buildings.
(5)
At no time shall any premises permitted in this section be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners or occupants.
C.
Buildings, structures and uses owned and operated by the Village of North Haven.
D.
The following uses subject to review and the issuance therefor of a special permit by the Board of Appeals in accordance with § 163-46B and the special conditions hereof. However, the site plan for each such intended use shall also be subject to review by the Planning Board, which shall make findings in accordance with the provisions of §§ 163-48 through 163-50 hereof, following approval of the Board of Appeals.
(2)
Schools. Special conditions shall be as follows:
(a)
Same as conditions set forth in § 163-10D(1)(a) and (b) above.
(b)
Any such school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.
(c)
Any such school shall occupy a lot having a minimum area not less than that provided by the New York State Department of Education. Where no minimum is provided in a particular case, then the minimum area shall be not less than three acres plus one acre for each 100 pupils for which the building is designed.
[Amended 4-1-1975 by L.L. No. 1-1975]
(3)
Annual membership clubs providing outdoor recreational facilities such as private playgrounds, swimming pools and tennis courts, excluding common dock facilities. Special conditions shall be as follows:
[Amended 4-11-1988 by L.L. No. 2-1988; 9-6-1988 by L.L. No. 3-1988; 5-2-1989 by L.L. No. 2-1989; 5-2-1989 by L.L. No. 3-1989]
(a)
Same as conditions set forth in § 163-10D(1)(a) and (b) above.
(b)
That any such club is incorporated pursuant to the provisions of the Not-For-Profit Corporation Law or the Benevolent Order Law of the State of New York and caters exclusively to members and their guests.
(c)
That any such use shall not be conducted as a business enterprise.
(d)
That such use shall occupy a lot with an area of not less than five acres, except that such use may occupy a lot with an area of less than five acres if said area is reserved as a recreation area to be maintained by a homeowners' association pursuant to any prior or future approval of said recreation area by the Planning Board.
(e)
That the use of outdoor public-address systems for any purpose is prohibited.
(f)
That exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited.
(4)
(5)
Public utility rights-of-way and structures necessary to serve areas within the Village subject to such conditions as the Board of Appeals may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
(6)
Cemeteries.
E.
Accessory uses, limited to the following:
(1)
Customary home occupations, provided that:
(a)
No display of goods or sign is visible from the street, except as set forth in Chapter 137, Signs.
(b)
Such occupation is incidental to the residential use of the premises and is carried on in the main building by a resident thereon with no nonresident assistants.
(c)
Only customary household appliances and equipment are used.
(d)
At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners and occupants.
(2)
The professional office or studio of an architect, artist, dentist, engineer, lawyer, musician, teacher and physician, provided that:
(a)
Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than two nonresident assistants.
(b)
Such office or studio shall occupy not more than 30% of the area of the ground floor of the main building and shall be contained therein.
(c)
Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.
(d)
Equipment capable of causing interference with radio or television reception shall be prohibited unless also equipped with means to prevent such interference.
(3)
Any two of the following: garden house, toolhouse, playhouse or water pool less than 18 inches in depth or 150 square feet or less in area. Such pool shall conform to the provisions of § 163-10E(8)(g) and (i) and shall be subject to the following requirement: the edge of the pool shall be kept a distance of not less than 20 feet from all property lines.
[Amended 8-7-1990 by L.L. No. 4-1990[1]]
[1]
Editor's Note: The resolution that adopted this local law provided as follows: "Local Law No. 4 of 1990 [shall] be adopted with the clear understanding that a gazebo is to be considered a garden house or storage shed."
(4)
The incidental keeping of boarders or lodgers or accommodations for tourists by a resident family, provided that no more than 1/2 of the bedrooms in the dwelling are used for lodging purposes.
(5)
Boathouses, landings and docks which are not conducted for a profit.
(6)
One private garage. Two passenger automobile spaces in such garage may be leased to persons not resident on the premises.
[Amended 8-7-1990 by L.L. No. 4-1990]
(7)
Stables and outdoor pens.
(a)
A private stable for the housing of horses, cattle, sheep and goats or similar domestic animals, 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 150 feet of any street or property line and that no manure shall be stored within 150 feet of any property line.
(b)
The keeping of not more than two dogs or other household pets more than six months old in outdoor shelters or pens is permitted, provided that such shelters or pens shall be not less than 50 feet from any lot line.
(8)
Outdoor swimming pools, subject to the following requirements:
(a)
A building permit shall be required for the construction, installation or alteration of any permanent or portable outdoor swimming pool which is 18 inches or more in depth or more than 150 square feet in area. Such pool shall not be located in the front or any side yard of the premises. Where any parcel of plot abuts a body of water, a pool may not be constructed in a side yard.
[Amended 3-14-1985 by L.L. No. 2-1985; 5-28-2015 by L.L. No. 3-2015]
(b)
The setback from any property line for a swimming pool, including any decks or slabs or structures accessory to said swimming pool, shall not be less than the following:
[Amended 4-5-1982 by L.L. No. 1-1982; 3-14-1985 by L.L. No. 2-1985; 9-6-1994 by L.L. No. 5-1994]
[1]
On a lot in the R-1 and R-2 Zoning Districts having an area of 80,000 square feet or more, the setback shall be not less than 40 feet.
[2]
On a lot in the R-1 and R-2 Zoning Districts having an area less than 80,000 square feet but 40,000 square feet or more, the setback shall be not less than 30 feet.
(c)
The area of the pool, including any decks or slabs, shall not exceed 25% of the open area of the yard in which the pool is located.
[Amended 4-5-1982 by L.L. No. 1-1982; 3-14-1985 by L.L. No. 2-1985]
(d)
Plans and drawings submitted with the application for the building permit shall show the pool location on the plot, the pool and enclosure construction details, the water supply and disposal system and the electrical appurtenances.
(e)
A fence shall completely enclose the area containing the swimming pool or shall, together with the walls of a building, securely complete the enclosure.
[Amended 4-5-1982 by L.L. No. 1-1982; 3-14-1985 by L.L. No. 2-1985; 7-1-1985 by L.L. No. 5-1985]
[1]
The enclosing structure shall be not less than four feet in height; be completely covered from the top to within three inches of the ground level with a material having openings which shall measure not more than a nominal three inches in either width or length, except that fencing with vertical members such as pickets shall have the vertical members no farther apart than a nominal three inches; and be of sufficient strength to support the weight of at least 250 pounds.
[2]
All gates shall be self-closing and equipped with a spring lock at least three feet six inches above ground level, opening only from the inside of the enclosure and capable of being secured with a padlock or key.
[3]
Before a swimming pool is filled with water and until such time as the principal residence shall obtain a certificate of occupancy, such pool shall be completely enclosed with a fence complying with this subsection or with a temporary fence not less than three feet six inches in height and of construction equal to a typical snow fence. Such temporary fence shall remain in place until the pool is inspected and found to comply physically with construction specifications of this section and until the permanent fencing is in place.
(f)
Submitted plans shall show that all water flowing or emptying from a pool will not flow on to abutting property or streets or, in the judgment of the Village Engineer, will not interfere with any public or private water supply system.
(g)
No electric current conductors shall cross the pool either overhead or underground, and all adjacent metal fences, railings or other similar installations shall be effectively grounded. Electrical appurtenances shall conform in type and installation with Board of Underwriters standards.
(h)
Outdoor swimming pools shall be used and maintained in conformity with the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.
(i)
Outdoor swimming pools are permitted in all residential districts as accessory uses to dwellings, for the private use of the dwelling occupant and his family and guests. Such use shall not be conducted so as to interfere unduly, by loudspeaker devices, floodlighting or other controllable distractions or unnecessary noises, with the comfort, repose, health or safety of neighboring inhabitants.
(j)
In the event that an owner shall abandon a permanent or portable outdoor pool which is 18 inches or more in depth, he shall forthwith fill all depressions and restore the premises to approximately the same grade as before the pool was constructed.
(k)
It shall be unlawful for any owner, lessee or tenant in possession of land in the Village on which is located an outdoor swimming pool which is 18 inches or more in depth to fail to provide such fence or wall enclosure as herein provided, and any such pool in existence on the date this chapter becomes effective shall, within 30 days from such effective date, be surrounded with a fence or wall as herein provided.
(l)
All filters, heating elements and any other appurtenances required for the operation and/or maintenance of all swimming pools shall be housed in properly ventilated enclosed structures or screened by natural vegetation which shall provide for concealment.
[Added 6-20-1996 by L.L. No. 4-1996]
(m)
Water used to fill a swimming pool shall not be obtained from any private well within the Village of North Haven and, instead, all water used for such purpose shall be obtained from sources outside the Village of North Haven.
[Added 7-6-1999 by L.L. No. 3-1999]
(9)
Private sports courts, tennis courts, pickleball courts or padel courts are permitted subject to the following requirements:
[Added 9-10-1979 by L.L. No. 2-1979; amended 5-3-1982 by L.L. No. 6-1982; 8-4-1986 by L.L. No. 7-1986; 7-5-1989 by L.L. No. 4-1989; 5-2-2000 by L.L. No. 2-2000; 6-6-2000 by L.L. No. 3-2000; 10-4-2016 by L.L. No. 3-2016; 9-18-2024 by L.L. No. 3-2024]
(a)
A building permit shall be required for the construction of or conversion of an existing sports court of any kind. In a residence district, a plot or parcel of land containing 10 or less acres improved with a single-family residence may be used for the construction, use and maintenance of one sports court, including tennis courts, pickleball courts and padel courts. In a residence district, a plot or parcel of land containing more than 10 acres improved with a single-family residence may be used for the construction, use and maintenance of two sports courts of any kind as defined by this Code, but in no case shall there be more than one pickleball court on any lot.
(b)
Application. Every application for a sports court shall be accompanied by a plot plan, drawn to scale, together with plans in duplicate, in sufficient detail to show:
[1]
The location and size of the plot.
[2]
The location of the site of the proposed sports court in relation to adjoining properties.
[3]
Computations showing the percentage of land proposed to be used for the sports court and existing improvements.
[4]
The breakdown of estimated cost of the project.
[5]
The location and size of all existing improvements on the plot.
[6]
The nature and type of materials to be used for the playing surface of the sports court.
(c)
Permitted dimensions of a general sports court shall not exceed 30 feet by 60 feet. Tennis courts shall not exceed 60 feet by 120 feet. Pickleball courts shall not exceed 30 feet by 60 feet. Padel courts shall not exceed 33 feet by 66 feet.
(d)
Location. The sports court, padel court, pickleball court or tennis court and any fence enclosing the same shall be located within the rear yard except that no portion of a lot shall be deemed to be within a rear yard for purposes of locating a court if any such portion is within 250 feet from the front yard lot line, unless said portion is between a principal structure and the rear lot line. A sports court and any fence enclosing same may be located in a front yard if the setback is not less than 250 feet from the front yard lot line.
(e)
Setbacks. No part of the sports court or of any fence enclosing any part thereof shall be located within 60 feet of any rear or side lot line in either an R-1 or R-2 District. The provisions of § 163-36 shall not apply to sports courts of any kind.
(f)
Fences. A tennis court shall be enclosed by a chain-link fence, and the fence fabric shall be covered with a green, black or dark brown plastic coating. The fence may have such opening or openings as the owner deems appropriate, subject to the approval of the Building Inspector. The fence shall not exceed a height of 10 feet above the natural grade of the land at the places where erected. No covering or decoration of any kind shall be attached to any fence, other than living plants or solid green, black or dark brown wind screens or wind fences without any other design or decoration. A pickleball court shall be enclosed by a solid noise barrier at 3/4-inch thick planking, with a height of eight feet. At the discretion of the Building Inspector, AcoustiFence or a similar product with at least the same dbA noise-reduction impact may be used in lieu of solid planking. The noise-reducing barrier must cover three sides, leaving only the side of the court facing the principal structure open. A padel court shall be completely enclosed on all sides with appropriate materials for playing the sport, and the height of any walls surrounding the court shall not exceed 10 feet at its highest point.
(g)
Landscaping. Any sports court, tennis court, pickleball or padel court and all fencing or enclosure surrounding the same shall be completely screened from adjoining properties by a living screen of plantings which shall have a height of at least eight feet when planted and shall be planted five feet on center between said fencing enclosing the sports court and all the lot lines of the plot on which said sports court is located, excepting only that side of the sports court which faces the principal structure. Said plantings shall be maintained and replaced so long as said fencing or enclosure and the sports court remain on the premises. Any provision foregoing to the contrary notwithstanding, in the event that a tennis court is located entirely or substantially below existing grade not less than two feet, and in the further event that the fencing, if any, does not exceed four feet on each side or in the further event that vegetated berms rather than fencing are installed, then the plantings otherwise required hereinabove may be of any height and spacing, subject to the finding of the Building Inspector that plantings of a lesser height and/or different spacing are the functional equivalent in terms of screening from adjoining properties.
(h)
Drainage. The height of the playing surface of any sports court shall not be above the existing mean level of the ground immediately adjoining the sports court area prior to its construction, and said sports court shall be so constructed and maintained so as to prevent any drainage or surface water from flowing onto any adjacent properties or public streets.
(i)
Use. The sports court shall be used only by the residents of the principal structure on the subject property and their guests. Said sports courts shall not be used prior to 9:00 a.m. of any day or later than sunset of any day. No lights or other illumination of any kind shall be installed, used or maintained in connection with the use or maintenance of the sports court, nor shall any loudspeaker or sound amplification device or system be permitted.
(j)
Any sports court as defined by this Code shall be an outdoor sports court only, and no part of the same shall be housed or enclosed by any covering, roof or any other device, whether of a temporary or permanent nature.
(k)
It shall be the duty of the occupant of the premises to avoid and prevent any noises, whether made by people or any other means, which may disturb the peace and tranquility of the neighborhood or interfere with the repose and comfort of the occupants of any adjoining or abutting dwelling.
(l)
The construction of new sports courts of any kind shall only be permitted on lots consisting of 40,000 square feet or more.
(10)
Conversion of any sports court or tennis court for playing pickleball is permitted subject to the following standards:
[Added 9-18-2024 by L.L. No. 3-2024]
(a)
Pickleball courts are only permitted on a residential lot consisting of 40,000 square feet or more.
(b)
Pickleball courts converted from existing tennis courts or sports courts shall be:
[1]
Set back 60 feet from the nearest rear and side lot lines in either an R-1 or R-2 District.
[2]
Pickleball courts must be surrounded on three sides by an eight-foot sound-attenuation wall, placed no further than 10 feet from the edge of the court, constructed of a minimum of 3/4-inch planking. At the discretion of the Building Inspector, AcoustiFence or a similar product with at least the same dbA noise-reduction impact may be used in lieu of solid planking. The noise-reducing barrier must cover three sides, leaving only the side of the court facing the principal structure open.
[3]
The court and all enclosures surrounding the court shall be completely screened from adjoining properties by a living screen of plantings which shall have a height of at least eight feet when planted and shall be planted five feet on center between said enclosure around the court and all the lot lines of the plot on which said pickleball court is located excepting only that side of the pickleball court which faces the principal structure. Said plantings shall be maintained and replaced so long as said fencing and/or enclosure and court remain on the premises.
§ 163-11 One-Family Residence R-2 District uses.
In a One-Family Residence R-2 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in part for any uses except the following:
§ 163-12 Minimum lot area.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum lot area in an R-1 District shall be 80,000 square feet, and the minimum lot area in an R-2 District shall be 40,000 square feet.
§ 163-13 Maximum lot coverage.
[Amended 8-4-1986 by L.L. No. 7-1986; 9-15-1992 by L.L. No. 5-1992; 9-7-2004 by L.L. No. 5-2004]
A.
The maximum lot coverage by main and accessory buildings shall be 15% in an R-1 District and 20% in an R-2 District. Open terraces constructed of pervious brick and sand or similar combination of materials as natural grade shall not be included in lot coverage in either the R-1 District or the R-2 District.
B.
Any provision foregoing to the contrary notwithstanding, the gross floor area of any house, measured as the sum of the gross floor area of all floors of a structure measured to the exterior of the outside walls, including all accessory structures except as is otherwise provided herein, shall not exceed the maximum permitted floor area ratio (FAR) as follows:
(1)
Lots of 40,000 square feet or less: 2,000 square feet gross floor area plus (lot area minus 10,000 square feet times 0.100) equals maximum gross floor area.
(2)
Lots greater than 40,000 square feet and less than 80,000 square feet: 5,000 square feet gross floor area plus (individual lot area minus 40,000 square feet times 0.050) equals maximum gross floor area.
(3)
Lots 80,000 square feet or greater: 7,000 square feet gross floor area plus (individual lot area minus 80,000 square feet times 0.0325) equals maximum gross floor area, except as limited hereinbelow.
C.
Lot area shall include all of that area of a lot which is within the definition of "lot" as set forth in § 163-5, exclusive of open spaces as set forth in said subsection. Gross floor area shall not include the following improvements and structures which shall be exempt from inclusion in the calculation of gross floor area: unroofed decks, unroofed patios, open terraces as set forth above in this section, sports courts, tennis courts, pickleball courts, padel courts, unroofed and unenclosed swimming pools, unroofed and unenclosed porches, basements and cellars to the extent the exterior exposed wall or walls thereof are four feet or less above natural grade (or four feet or less above base flood elevation where the premises are regulated under Chapter 85 of the Village Code) after construction and attics. In determining maximum lot coverage, whether under FAR or the percentage of lot coverage allowances otherwise provided above in this section or under any standard or guideline in § 163-66, the most restrictive standard shall in all events prevail. In no event shall gross floor area of any house, measured as the sum of the gross floor area of all floors of a structure measured to the exterior of the outside walls including all accessory structures except as exempted hereinabove, exceed 15,000 square feet of gross floor area. In calculating gross floor area: i) any interior space with a floor to ceiling height in excess of 15 feet shall be counted twice; ii) any first floor space used for the placement and location of mechanical (heating, ventilation, air conditioning, water pumps, and the like) systems, not in excess of 200 square feet, shall not be counted at all, provided said residence is prohibited by regulatory provision or local flooding conditions from placement of the same systems below the first floor; and iii) space improved with roofed but unenclosed and unscreened porches and/or an attached or accessory detached garage or other roofed accessory structures shall not be counted to the extent same are equal to or are less than an area which is 15% of gross floor area otherwise allowed (but in no event less than 400 square feet) or, by way of illustration, if the lot area is 72,360 square feet, then the maximum gross floor area is 6,618 square feet (72,360 minus 40,000 equals 32,360 times 0.050 equaling 1,618 plus 5,000 or 6,618 square feet) allowing up to 993 square feet (15% of 6,618 equals 993) of roofed but unenclosed and unscreened porches and/or an accessory garage or other roofed accessory structure in addition to 6,618 square feet maximum gross floor area otherwise allowed.
[Amended 9-18-2024 by L.L. No. 3-2024]
§ 163-14 Minimum lot width.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum lot width shall be 175 feet in an R-1 District and 150 feet in an R-2 District.
§ 163-15 Minimum street frontage.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum street frontage on a public or private street shall be 175 feet in an R-1 District and 150 feet in an R-2 District. However, flag lots shall be permitted in a subdivision, provided that such lots have a minimum street frontage of 40 feet on a public or private street.
§ 163-16 Minimum lot depth.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum depth of a lot in an R-1 District shall be 250 feet and in an R-2 District shall be 200 feet.
§ 163-17 Minimum yards for principal buildings.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum yards for principal buildings shall be as follows:
A.
The minimum front yard shall be 75 feet in an R-1 District and 50 feet in an R-2 District.
B.
The minimum for one side yard shall be 30 feet in an R-1 District and 30 feet in an R-2 District.
C.
The minimum total of both side yards shall be 80 feet in an R-1 District and 68 feet in an R-2 District.
D.
The minimum rear yard shall be 60 feet in an R-1 District and 40 feet in an R-2 District.
§ 163-18 Minimum yards for accessory buildings.
[Amended 4-5-1982 by L.L. No. 4-1982; 8-4-1986 by L.L. No. 7-1986; 12-11-1986 by L.L. No. 13-1986; 9-6-1994 by L.L. No. 5-1994; 9-18-2024 by L.L. No. 3-2024; 3-19-2025 by L.L. No. 3-2025]
The minimum yards for accessory buildings shall be as follows:
A.
The minimum distance from any front yard lot line shall be 90 feet in an R-1 District and 70 feet in an R-2 District.
B.
The minimum distance from side and rear lot lines shall be 30 feet in an R-1 District and 20 feet in an R-2 District.
D.
The minimum distance from the side and rear lot lines for a swimming pool, including any decks or slabs or structures accessory to said swimming pool, shall be in accordance with § 163-10E(8)(b).
E.
The minimum distance from the side and rear lot lines for a sports court, including any structures accessory to said sports court, shall be in accordance with § 163-10E(9) and (10).
§ 163-19 Minimum livable ground-floor area per dwelling.
[Amended 9-10-1979 by L.L. No. 2-1979; 8-4-1986 by L.L. No. 7-1986; 7-3-1990 by L.L. No. 3-1990]
The minimum livable ground-floor area per dwelling unit shall be 1,200 square feet in an R-1 District and 1,200 square feet in an R-2 District.[1]
[1]
Editor’s Note: Former Subsection B, regarding the minimum livable area of floors other than the ground floor, was repealed 4-6-2010 by L.L. No. 2-2010.
§ 163-20 Clearing limitations.
[Added 7-3-1990 by L.L. No. 3-1990[1]; amended 5-13-1996 by L.L. No. 2-1996; 11-5-2001 by L.L. No. 4-2001; 10-4-2011 by L.L. No. 7-2011; 6-6-2017 by L.L. No. 3-2017; 6-16-2021 by L.L. No. 3-2021; 3-15-2023 by L.L. No. 3-2023]
A.
Clearing regulations for undeveloped properties.
(1)
In the R-1 and R-2 Residence Districts of the Village of North Haven, it shall be prohibited to remove, damage, cause to be removed or damaged, clear, grade or otherwise disturb existing and naturally occurring indigenous vegetation without the approval of either the Building Inspector or the Planning Board.
(2)
Owners of undeveloped land may remove invasive vines and weeds including poison ivy, climbing bittersweet, wild grape, mile-a-minute vine and other noxious or invasive vines or weeds identified in the Invasive Plant Atlas of the United States. Property owners must request a permit, which will require an on-site inspection, from the Building Inspector prior to removal of noxious or invasive species.
B.
Clearing regulations and process for developed properties.
(1)
Allowable clearing.
(a)
In no case shall clearing exceed the following table except for properties that can show preexisting clearing beyond what is specified below. Preexisting conditions should exist before July 1990, or properties may have preexisting clearing based on total maximum clearing percentages permitted prior to June 16, 2021. The burden is on the applicant to prove preexisting clearing. The applicant should consult with the Village about acceptable proof of preexisting clearing.
Total Lot Area [square feet (acres)] | Total Maximum Clearing Permitted |
|---|---|
1 to 11,000 (0 to 0.25) | 85% |
11,001 to 30,000 (0.26 to 0.69) | 9,350 square feet or 60%, whichever is greater |
30,001 to 60,000 (0.70 to 1.38) | 18,000 square feet or 50%, whichever is greater |
60,001 to 90,000 (1.39 to 2.07) | 30,000 square feet or 35%, whichever is greater |
90,001 to 120,000 (2.08 to 2.75) | 31,500 square feet or 30%, whichever is greater |
120,001 to 160,000 (2.76 to 3.67) | 36,000 square feet or 25%, whichever is greater |
160,001 to 280,000 (3.68 to 6.43) | 40,000 square feet or 20%, whichever is greater |
Greater than 280,000 (>6.43) | 56,000 square feet or 20%, whichever is greater, not to exceed 80,000 square feet |
Note: Requests for greater than 80,000 square feet can be submitted by exception, with an application to the Village Zoning Board of Appeals. | |
(b)
In calculating the amount of clearing permitted by this subsection on a flag lot or a lot which is burdened by a common driveway easement or access easement, the area of any flag strip or any common driveway easement or access easement shall be excluded from lot area. Likewise, any clearing for driveway purposes within the flag strip or within the common driveway easement or access easement shall not be counted into the permissible amount of clearing.
(c)
For houses with I/A OWTS waste treatment systems using pressurized shallow drain fields, the area of the drain field shall be excluded from lot area for the purpose of calculating allowable clearing.
(2)
No permit shall be required under this chapter for removal of trees not specified in Subsection D(1) or trees listed by the NYS Department of Transportation as invasive species; and invasive or noxious vines including but not limited to poison ivy, climbing bittersweet, wild grape, and mile-a-minute vine. In addition, these regulations shall not apply to landscaping or planting within areas that consist of established cleared/landscaped areas as defined by Subsection B(1) or by preexisting cleared conditions verified by way of a survey, or any other evidence that establishes preexisting clearing limits.
(3)
Homeowners may clear in previously uncleared areas without a permit but must revegetate an equivalent area of cleared property, using shrubs and trees included on the North Haven Village list of approved landscaping species, within six months of the removal of any vegetation, subject to a site inspection by the Building Inspector to verify compliance.
(4)
On all lots that front freshwater wetlands, tidal wetlands or coastal fresh marshes, ponds, creeks or streams, clearing shall be prohibited within 75 feet landward of the landward edge of said wetlands, and on all lots that contain or front a bluff facing Shelter Island Sound, Noyac Bay or Sag Harbor Cove, no clearing shall be permitted within 75 feet landward of the crest of the bluff. Relief from this prohibition may be requested by applying to the Planning Board.
(5)
It is the responsibility of the property owner to maintain the clearing percentages specified in Subsection B or the verified preexisting conditions. The homeowner must demonstrate compliance to these limits with a current survey. If a current survey does not verify compliance to the limits specified in Subsection B, the homeowner will not be able to obtain a valid certificate of occupancy for the property and any certificate of occupancy issued shall note this violation of Village Code.
(6)
Naturalized buffer.
(a)
For property that contains legally preexisting cleared lands within the setbacks prescribed in § 163-20C, the Planning Board, in conjunction with a building permit application, will require revegetation within the required seventy-five-foot bluff setback and/or the seventy-five-foot wetland setback for the intended purposes of establishing a naturalized buffer. The depth or width of the naturalized buffer shall be commensurate with the potential impacts caused by the proposed project and the availability of land area to support such a naturalized buffer.
(b)
In conjunction with a building permit application, the Planning Board shall have authority to grant relief from the bluff and wetland/coastal setback requirements, provided that any such application shall be heard at a public hearing and applicant shall bear the burden of establishing:
(7)
In no event shall clearing specifically attributable to complying with the width and turnaround provision for dead-end fire apparatus access roads as provided in Section 103 of Appendix D of the Fire Code of New York State and the 2015 International Fire Code be included as lot area in the calculation of total maximum clearing permitted under Subsection B of this section.
(8)
Landscape irrigation, whether from permanent or temporary systems, shall also be confined to the areas cleared in conformance with and under the authority of § 163-20, except that temporary irrigation incident to a revegetation plan approved by the Building Inspector or Planning Board shall be permitted subject to permit conditions.
C.
Clearing regulations and process in conjunction with a building permit application. When an applicant is applying for a building permit:
(1)
The building permit application shall be accompanied by a survey, at a scale of not less than one inch equals 40 feet, which clearly delineates all mature trees as defined in Subsection D and the edges of the existing and proposed limits of clearing and revegetation, along with calculations of the areas to be cleared to demonstrate conformance to the requirements of § 163-20B, or to the property's legally preexisting clearing limits. The survey shall also illustrate the location of all easements, buffer zones and restricted areas contained on the lot proposed for clearing.
(2)
The building permit application shall be accompanied by a statement signed by the property owner that no vegetation outside of the areas delineated on the survey shall be disturbed, cleared, trimmed, or thinned without further review and approval by the Building Inspector or the Planning Board when Planning Board approval is required.
(3)
Where deemed necessary or appropriate, the Building Inspector may attach reasonable conditions to the building permit to ensure compliance with the clearing limitations established herein (for example, installation of project-limiting temporary fencing, surveying and staking of clearing limit, etc.).
(4)
When the planned work specified by the building permit requires new clearing and revegetation in excess of the areas contained in § 163-20B, approval for a clearing and revegetation plan shall be required by the Building Inspector or Planning Board. The building permit may be issued based on the approved areas to be cleared and revegetate as noted on the survey. A detailed revegetation plan showing plant species and location is required prior to the issuance of a building permit. A certificate of compliance or certificate of occupancy will not be issued until an updated survey indicating the limit of clearing is provided to the Building Department and confirmed in the field by the Building Inspector.
(5)
For the development of a parcel within a residential subdivision approved by the Building Inspector or Planning Board after the adoption of this chapter, the extent of disturbance of natural vegetation shall not exceed the total maximum clearing permitted for the minimum required lot area of the zoning district in which the tract lies.
(6)
Where an applicant has agreed to utilize the provisions of Article III, Clustered Zoning, of this chapter, the Planning Board may, at its discretion, modify the provisions of this subsection to allow the creation of adequately sized building envelopes for the lots created pursuant to the approval of the subdivision.
(7)
When clearing is proposed on a lot which already contains preexisting nonconforming clearing, the Building Inspector or Planning Board shall have the power to review and approve plans for additional clearing where, as a condition of said clearing, a vegetation plan is submitted and approved demonstrating how the lot shall be revegetated to its preexisting nonconforming condition by revegetating existing cleared areas with plant materials consistent with the intent of § 163-20. Where deemed appropriate, the Building Inspector may attach reasonable conditions to the issuance of the approval so as to ensure compliance with § 163-20.
D.
Permit for removing mature trees.
(1)
Except for species identified as invasive by the NYS Department of Transportation, no native tree with a caliper of 19 inches or greater at a height of 4.5 feet above ground level or American holly or cedar with a caliper above 10 inches at a height of 4.5 feet above ground level may be removed without a tree removal permit issued by the Building Inspector. Tree work conducted by or for a state-regulated public utility shall be exempt.
(2)
A permit to remove a mature tree shall be granted only if in the reasonable opinion of the Building Inspector or an arborist certified by the International Society of Arboriculture:
E.
Violations and penalties; violations related to clearing developed and undeveloped properties.
(1)
Enforcement.
(a)
Notice of violation. Whenever the Code Enforcement Officer or Building Inspector determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this section, notice shall be given of such violation or alleged violation to the entity, person or persons responsible for such violation. Such notice shall be in writing and shall specify the violation and shall provide a reasonable time, not less than 10 days nor more than 60 days, for compliance and shall be served upon the owner, agent, operator or occupant, as the case may require. Such notice shall be deemed to be properly served if it is served upon the individual or entity personally or if a copy thereof is sent by certified mail to the last known address of such person as appears on the assessment rolls of the Incorporated Village of North Haven and a copy is posted in a conspicuous place in or about the premises affected by the notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section.
(b)
Power to act in emergencies. Whenever the Code Enforcement Officer or Building Inspector finds a violation of this section which, in his or her opinion, requires immediate action to abate a direct hazard or immediate danger to the health or safety of the residents of the Village or occupants of the property, or the public at large, the officer may, without prior notice, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any provision of this chapter, such an order shall be effective upon service and shall be complied with immediately.
(c)
Reinspection. At the end of the period specified in the notice of violation or any extension thereof, it shall be the duty of the Code Enforcement Officer or Building Inspector to make or cause to be made a reinspection of the premises and, if compliance has not been established, appropriate legal action shall be instituted.
(2)
Penalties for offenses.
(a)
The owners of property where violations of this section occur, except Subsections B(1), (4), and (6) and D, shall be guilty of a violation and shall be fined not more than $1,000 and/or be imprisoned for a period not exceeding 15 days. A separate offense shall be deemed to have been committed upon each day during, or on which, a violation occurs or continues.
(b)
Any person found guilty of violating Subsection B(1), (4) and/or (6) shall be guilty of an unclassified misdemeanor; and fined $2,500 for each day the violation remains or continues and/or imprisoned for not more than 90 days. Any person guilty of violating Subsection D shall be fined $2,500 for each tree removed; also, any building permit in effect for the property will be suspended for 90 days; in addition, each tree must be replaced with one from the North Haven Village list of recommended species with a minimum caliper of eight inches at 4.5 feet above ground level.
(3)
In addition to any other penalty provided in this section, any person convicted of committing an offense against a provision of this section shall be liable for any expenses incurred by the Village in the elimination of the violation.
[1]
Editor's Note: This local law also provided for the redesignating of former § 163-20, Minimum livable non-ground-floor area per dwelling, as amended, as § 163-19B.
§ 163-21 Maximum building heights.
[Amended 8-4-1986 by L.L. No. 7-1986; 9-4-2018 by L.L. No. 1-2018; 12-23-2019 by L.L. No. 5-2019; 5-21-2025 by L.L. No. 9-2025]
A.
No building shall exceed 2 1/2 stories in an R-1 District and 2 1/2 stories in an R-2 District. Any provision in this section or in § 163-25I to the contrary notwithstanding, the maximum height of any building other than a low slope roof as defined in § 163-5 shall be as follows:
(1)
28 feet on lots of 20,000 square feet or less in size.
(2)
30 feet on lots of 20,001 square feet to 39,999 square feet in size.
(3)
32 feet on lots of 40,000 to 60,000 square feet in size.
(4)
34 feet on lots of 60,001 and above.
This code revision shall not apply to any property which has received Zoning Board, Architectural Review Board, or Planning Board approval but has yet to obtain a building permit prior to the adoption of this code revision in such instances the code in existence at the time of approval regarding building height shall apply.
B.
Any provision in this section or in § 163-25I to the contrary notwithstanding, the maximum height of any building with a low slope roof as defined in § 163-5 shall be as follows:
(1)
23 feet on lots of 20,000 square feet or less in size.
(2)
24 feet on lots of 20,001 square feet in size to 39,999 square feet in size.
(3)
25 feet on lots equal to and greater than 40,000 square feet in size.
This code revision shall not apply to any property which has received Zoning Board, Architectural Review Board, or Planning Board approval but has yet to obtain a building permit prior to the adoption of this code revision in such instances the code in existence at the time of approval regarding building height shall apply.
C.
The height of a building or structure shall be measured from the average existing natural grade level within 10 feet of the building to the highest point of the roof, excluding chimneys. Existing natural grade shall be established on plan prepared by a licensed professional land surveyor utilizing topographical survey measurements in two-foot increments, or spot elevations as determined and verified by the Building Inspector.
D.
Any provision in this section or in § 163-25I to the contrary notwithstanding, all building and structures, including railings and other accessory structures, except chimneys, must remain inside the sky plane of the lot. Railings must be transparent in nature. The sky plane is defined as an angle of 45º that shall begin at the property lines at the elevation of the existing natural grade and extend to the building or structure.
E.
No terrace, roof deck, balcony or other outdoor living space shall be located above the floor of the second story of any dwelling. No terrace, roof deck, balcony or other outdoor living space shall be located above the roof of any accessory structure.