Patchogue City Zoning Code
ARTICLE XII
Use Regulations
§ 435-75 Public garages.
In any district no public garage for more than three motor vehicles and no gasoline vending station shall be erected or altered and used within 200 feet of any premises used for a public school, public library, church, hospital or orphanage.[1]
[1]
Editor's Note: Original § 93-58, Public parking places, which immeidately followed this section, was repealed 9-14-1987 by L.L. No. 14-1987.
§ 435-76 Nonconforming uses.
[Amended 8-27-1973; 7-28-1980 by L.L. No. 9-1980; 11-9-1981 by L.L. No. 24-1981; 3-14-1983 by L.L. No. 5-1983; 4-27-1992 by L.L. No. 5-1992; 1-27-1997 by L.L. No. 2-1997; 1-22-2007 by L.L. No. 1-2007]
The lawful and actual use of any building, structure or land existing at the effective date of an ordinance or local law which renders said use nonconforming may be continued although such use does not conform to the provisions of such ordinance or local law, provided that the following conditions are met:
A.
Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the effective date of such ordinance or local law shall not be deemed the extension of such nonconforming use.
B.
Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.
C.
Displacement. No nonconforming use shall be extended to displace a conforming use, nor shall any nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the effective date of the ordinance or local law which renders such use nonconforming.
D.
If, for a continuous period of one year, the active operation of substantially all the nonconforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use regardless of whether or not the premises are altered in any manner or whether or not the discontinuance was intentional or unintentional, voluntary or involuntary.
E.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
F.
Certificate of existing use. No nonconforming use, except for a one-family dwelling and a private detached garage accessory to a one-family dwelling, shall be maintained or renewed without a certificate of existing use having first been approved by such officer or Board and pursuant to such procedures, rules and regulations as shall be established by the Board of Trustees by resolution from time to time. In the event that jurisdiction for the issuance of any certificate of existing use shall be placed in the Board of Appeals, the application for such certificate shall first be filed with the Building and Housing Department and shall be referred to the Board of Appeals. The Board of Appeals, prior to the approval of such certificate, shall require two depositions and/or testimony under oath from persons having personal knowledge as to: the nonconforming use predating the effective provision of the ordinance or local law rendering the proposed use nonconforming, or such other date as may be fixed by resolution of the Board of Trustees; and the actual and continuous use of the structure in a nonconforming fashion up to and including the date of the application without interruption as noted in Subsection D hereof. The procedure before the Board of Appeals shall be the same as that provided for in Article X of this chapter.
G.
Restoration of damaged buildings and structures.
(1)
No building or structure damaged by any cause to the extent of more than 50% of the fair market value at the time of said damage, exclusive of foundations, shall be repaired, rebuilt or used except in conformity with the provisions of this chapter. In the case of income-producing properties, the income approach to value shall be used to determine the fair market value.
(2)
If a building or structure is damaged by any cause to the extent of less than 50% of the fair market value at the time of said damage, it may be reconstructed and used as before the time of damage, provided that such reconstruction shall be substantially completed within one year of the date of such damage. The failure to substantially complete reconstruction within one year, whether intentional or unintentional, voluntary or involuntary, shall result in the loss of the nonconforming use.
H.
Any approval under this chapter to reconstruct or alter a nonconforming use shall be conditioned upon demonstration of the following conditions:
[Added 12-14-2009 by L.L. No. 26-2009]
(1)
Compliance with all off-street parking requirements for existing and proposed structures and uses in effect at the time of any application and determination hereunder.
(2)
Absence of any change in the nature or character of the nonconforming use or uses or building or structure, except in reduction of the degree of nonconformity.
(3)
Compliance with all the dimensional requirements for the district in which the premises is located, including building area, required yards and building height, except as to any dimensional requirements which caused all or part of the nonconforming use.
(4)
That any change shall be beneficial to the general neighborhood.
(5)
That any change shall be made subject to such reasonable conditions and safeguards as the Board of Appeals may determine.
(6)
That any change shall be conditioned upon an affirmative finding that the approval of the change will not result in or allow an intensification of the nonconforming use.
I.
A nonconforming use shall not be changed to a more intense nonconforming use. Notwithstanding any other provision contained herein to the contrary, an increase in the volume or other intensification of the nonconforming use shall be deemed a prohibited intensification of a nonconforming use. If a nonconforming use consists of several uses or functions, each use or function shall be considered a separate and distinct nonconforming use.
[Added 12-14-2009 by L.L. No. 26-2009]
§ 435-77 Prohibition of parking and storage of items in front yards.
[Added 2-25-1974]
No person shall park or store or permit or suffer the parking or storage of any motor vehicle, motorcycle, trailer, boat, camper or camping equipment or items of a similar nature upon any premises improved by a building, the principal use of which is for residential purposes, in the area between the front building line and the street upon which said building fronts. Where such building lot has a double front yard or is a corner lot, this prohibition shall apply to the area between the building line and any street frontage. The parking or storage of such items shall be prima facie evidence of the violation of this chapter by the owner, tenant or other occupant of the residential premises upon which such items are located. It is not intended hereby, however, to prohibit the parking of motor vehicles or motorcycles in any paved driveway on such premises.
§ 435-78 Prohibition of use of trailers or truck bodies for storage and/or sale of merchandise.
[Added 7-26-1976 by L.L. No. 23-1976]
No person shall park or store or permit or suffer the parking or storage of any trailer, or trailer or truck body, on any business or commercial premises for a period in excess of 30 days in any twelve-month period for the storage and/or sale of merchandise, goods or wares of any nature or description.
§ 435-79 Regulation of single-room occupancies.
[Added 2-8-1982 by L.L. No. 9-1982]
No person shall cause, suffer or permit the hiring out or letting of any portion of any dwelling unit to any person other than the family of the owner or occupant of said dwelling unit, unless said premises shall be wholly contained within the H Business District. However, the Board of Appeals, by special exception, on proper application, may permit such use in other districts. Such special exception shall expire one year after the date upon which it is granted, unless the Board of Appeals, upon due application, shall have renewed same prior to that time. All renewals shall be limited to one-year periods.
§ 435-80 Apartment houses and garden apartments. [1]
A.
In districts where apartment houses are permitted uses, no building permit shall be issued unless the Board of Trustees of the Village of Patchogue shall approve, after a hearing, an application, under the same procedure as for an amendment of the Zoning Map, pursuant to Article XI of this Code. The application for such "apartment house" approval shall be accompanied by an application fee which shall be in addition to any fees which might be required for a rezoning application, whether or not the application for "apartment house" approval and the rezoning application are combined. It shall be within the discretion of the Board to grant or withhold approval after consideration of the nature of the site, parking facilities, drainage and sewer facilities, suitability to neighborhood, size of structure and any other factors which the Board deems pertinent. A recreation/play area shall be provided on the premises, as defined in § 435-1.
B.
Garden apartments are a group of buildings which shall conform to the following regulations: not more than 2 1/2 stories in height, each building containing not more than eight dwelling units. If buildings are attached, they shall not contain in the aggregate more than 16 dwelling units. No portion of such buildings below the first story or above the second story shall be used for dwelling purposes. The minimum distance between buildings shall be 30 feet. A recreation-play area shall be provided, as defined in § 435-1.
§ 435-81 Satellite antennas.
[Added 10-25-1982 by L.L. No. 24-1982]
No person shall cause, suffer or permit the erection and/or maintenance of any parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, except as set forth herein:
A.
Any such antenna shall be confined to the rear yard of any parcel of realty.
B.
The Planning Board of the Village of Patchogue is hereby empowered to designate the exact location of the device to be installed or maintained and to require any screening or other procedure in order to reduce or eliminate aesthetic damage to the community which may result from said installation or maintenance.
C.
No such installation shall be permitted or continued except by permit from the Building Inspector after review by the Planning Board.
D.
No such device shall exceed 15 feet at its maximum height, width or depth.
E.
No such device shall be installed on or above any building or structure, but shall be freestanding.
§ 435-81.1 Ministorage facility.
[Added 11-10-2008 by L.L. No. 15-2008]
Ministorage facilities shall be restricted as follows:
A.
Storage shall be limited to dead storage only. The storage of explosives, flammable, toxic or otherwise hazardous chemicals and/or other materials shall be prohibited.
B.
Architectural elevations shall be subiect to the review and approval of the Board of Historical Preservation and Architectural Review (ARB) under Article XIV of this Chapter 435, prior to the review and determination by the Zoning/Planning Boards. Bright, vivid and/or reflective colors shall be prohibited. Walls exceeding one story in height, which are visible from off site shall be architecturally enhanced with pilasters, corbelled cornices, or similar ornamentation pursuant to the satisfaction of the ARB.
C.
Storage unit doors shall be screened from visibility from adjoining residentially zoned or residentially developed properties and from public streets to the satisfaction of the Planning Board.
D.
All paved areas, including parking and parking aisle areas, shall be screened from view with landscaping or natural areas and/or decorative fencing pursuant to the satisfaction of the Planning Board.
§ 435-81.2 Rooftop dining.
[Added 11-25-2013 by L.L. No. 19-2013]
A. ROOFTOP DINING
Definitions. As used in this section, the following terms shall have the meanings indicated:
The use of a rooftop area by a restaurant or bar for assembly or the consumption of food or beverages. The terms "restaurant and bar" shall have the same meanings as set forth in § 435-1 of the Village Code.
B.
In the D-3 Business District rooftop dining shall be permitted by special permit issued by the Planning Board. The term of the special permit shall be one year. An applicant seeking a rooftop dining permit must submit a conceptual site plan to the Building Inspector, who shall review the plan and draft a recommendation to the Planning Board. Following approval by the Planning Board, the applicant must submit a final plan to the Building Inspector that conforms to the Planning Board's decision, after which the special permit shall issue. The rooftop dining site plan must meet the following conditions and criteria:
(1)
The rooftop area shall be associated with an establishment doing business within the principal building. The floor immediately below the rooftop area must be occupied by a nonresidential use.
(2)
Operation of the rooftop area must not negatively impact the use and enjoyment of the neighboring properties.
(3)
Use of the rooftop shall not exceed the hours of operation for the principal use, but in no event shall the rooftop be open and occupied later than 11:00 p.m. on a Friday and Saturday and 10:00 p.m. Sunday through Thursday.
(4)
The rooftop area must be more than 750 feet from an A Residence Zone.
(5)
The rooftop shall be surrounded by adequate railing or walling no less than 42 inches in height.
(6)
No live entertainment, music, speakers, television, or public address system shall be permitted on the rooftop. The windows and doors to areas where such noise originates shall be closed at all times except when being used as a permitted means of egress. The applicant must maintain the rooftop area as a quiet, relaxed environment.
(7)
No service areas, bars or preparation stations shall be permitted on the rooftop. All service must be made from inside the establishment.
(8)
The main access to the rooftop shall be from the interior space of the business within the principal building.
(9)
Any lighting fixtures shall be Dark Sky compliant and designed to effectively eliminate glare and sharply cut off lighting levels at the property line. All lights associated with the rooftop must be turned off when the rooftop area is not in use. All lighting shall be at or below railing level.
(10)
Smoking shall be prohibited from the rooftop area.
(12)
No table shall be closer than 36 inches from a railing.
C.
Any person who violates or fails to comply with the terms of a rooftop dining permit or site plan shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue. Each day that such violation continues shall be considered a separate offense and shall be punishable as such. Upon conviction of a violation of this section, the special permit shall be revoked by this court.
D.
Nothing in this section shall be construed to permit any other use of a rooftop or authorize rooftop dining in any other zoning district or by any other type of business.
§ 435-81.3 Hookah parlors, hookah retailers, and electronic cigarette retailers prohibited.
[Added 12-9-2013 by L.L. No. 20-2013; amended 11-23-2015 by L.L. No. 8-2015]
A.
Purpose and findings. The Board of Trustees finds that there are documented health risks associated with the smoking of tobacco or other substances through hookah pipes, including the inhalation of higher concentrations of toxins than found in cigarette smoke. Hookah parlors have also been associated with certain illegal and antisocial activities, including underage drinking, and their presence in a community exacerbates the inherent dangers of tobacco use around nontobacco users, exposes children to smoking, and increases the potential for minors to associate smoking and tobacco with a healthy lifestyle. The use of electronic cigarettes presents similar risks, including the inhalation of toxins and the increased risk that such activity will be viewed as a safe alternative to tobacco use. In order to serve the public health, safety, and welfare of the residents and businesses within the Village, the declared purpose of this section is to prohibit hookah parlors, hookah retailers, and electronic cigarette retailers as defined in this section.
B. ELECTRONIC CIGARETTE RETAILER HOOKAH PARLOR HOOKAH RETAILER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the sale of any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile"), including but not limited to establishments known variously as "hookah bars," "hookah lounges" or "hookah cafes."
Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the sale of hookah pipes (also commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile") or any product containing a mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener (also commonly referred to as "shisha," "hookah tobacco," or "shisha tobacco").
C.
Prohibition. It shall be unlawful for any person or entity to own, manage, conduct, or operate any hookah parlor or hookah retailer in the Village or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any hookah parlor or hookah retailer in the Village. It shall be unlawful for any person or entity to own, manage, conduct, or operate any electronic cigarette retailer in the D-2 or D-3 Business District or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any electronic cigarette retailer in the D-2 or D-3 Business District.