The person concerned shall make a written application, signed and sworn, to the Village Building Inspector, for an interpretation of the proper application of such regulations or other provisions which shall set forth all the pertinent facts involved and be accompanied by a survey of the premises in question drawn to scale by a licensed land surveyor showing lot dimensions and the setback distances of any existing structures.

The Building Inspector shall make a preliminary determination thereon and refer it to the Board of Appeals for review.

The Board of Appeals, upon such referral, shall call a hearing in accordance with its regular procedure, shall at such hearing review the matter, and shall issue its determination in the form of an opinion and decision by the Board.

One-family dwelling.

Village hall, Village police station, Village fire station, or other Village use.

Village park; Village playground, wildlife preserve, natural park reservation.

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.

The offices of professionals, such as physicians, medical practitioners, accountants, architects, engineers, and lawyers; the studios of artists and musicians; provided, however, that with respect to such accessory uses referred to in this subsection, that the person practicing such a profession or art resides in the dwelling in which such profession or art is carried on, that not more than 30% of the ground floor area of the dwelling unit is used therefore, and that no part of such profession or art is carried on in any accessory building; and provided, further, that there is no display or advertising on the premises of such use, except a professional nameplate with an area not exceeding two square feet; and provided, further, that no assistants, whether paid or not, shall participate in such use except that two assistants may be employed if the nature of the profession is such as to require an assistant(s), and any such musician's or art studios shall be equipped and used in such manner that sounds therefrom are not unduly annoying to other persons in nearby premises or public places.

Private garden house, pool house, playhouse, greenhouse, tool shed, or similar private accessory not used for commercial or public purposes.

Private swimming pool, tennis court.

Private garage or carport for housing private passenger cars of residents and their employees living on their premises.

Neat temporary storage of boat, house trailer or camper vehicle, provided same is not used for dwelling purposes.

Signs, provided that they comply with the following:

Other customary accessory uses and buildings, provided such uses are incidental to the principle use, but such uses shall not include any activity conducted as a business.

The height of all structures is limited to 28 feet as measured from the level of the first floor to the highest point of the ridge, and in no event shall the height of a structure be greater than 32 feet above the average existing grade at the front of the building line prior to any grading or regrading of the subject property. Any buildings which are legally existing at the time of the adoption of L.L. No. 3 of 2003 and which are less than 35 feet in height shall be subject to the twenty-eight-foot and thirty-two-foot restrictions stated above. This shall apply to all districts, except in the A District for properties over 40,000 square feet where the maximum height shall be 35 feet, as measured from the level of the first floor to the highest point of the ridge. The front building line shall be a line where the wall of the structure that is closest to the street meets the average existing grade along that wall.

Terraces and porches. A paved terrace shall not be considered in determination of the yard size; provided, however, that such terrace is roofless 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 yard.

Deck, attached or detached. Any deck attached or detached shall be considered a part of the building in the determination of the yard size.

Walls and fences. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall, including one used in conjunction with landscaping or terracing, nor to prohibit any fence or wall, provided that in any residence district such fence or wall shall not exceed four feet in height in any front yard and six feet outside any front yard of a property.

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 in distance 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 subsection shall not apply to the then existing trees, provided that no branches are closer than eight feet to the ground.

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.

No portion of any swimming pool or tennis court or similar athletic facility shall be located closer to front and side lot lines than the required minimum yard distances set forth in the Schedule of Building Requirements nor should any portion of any swimming pool or tennis court be located closer than 15 feet to the rear property line. Fencing of pool is required at the time when the pool first becomes able to hold water. Such fencing is to be of a minimum four-foot height and of sufficient stability to prevent access to the pool from other than a self-locking gate. Such fencing may be impermanent in that it may be altered when landscaping commences to other equally adequate fencing as regulated by Brookhaven Town requirements.

Spill-offs and drainage from any swimming pool shall not be permitted to flow onto adjacent property, including streets. Construction of a separate drywell of sufficient capacity to handle 10% of the volume of the pool is therefore required, the elevation of which is to be determined by the Village Engineer.

Swimming pools shall be securely enclosed by suitable protective fencing at least four feet in height, nor more than five feet in height with a self-locking gate.

The impact upon a bluff from site disturbance shall be minimized by siting all structures at a minimum distance from the landward edge of the bluff, to be determined by the erosional rate of the bluff and the amount of land required for the structure to remain unaffected for a period of 50 years. In no case shall a structure, including a swimming pool, be located closer than 50 feet in C Zone residence or 100 feet in A Zone residence from the landward edge of the bluff.

There shall be no land disturbance within the setback zone or bluff face, including removal of vegetation, alteration of grade, alteration of surface soils, placement of temporary structures, or similar activities.

Natural vegetation shall be retained to stabilize the bluff face and disperse stormwater.

Stormwater from developed parts of the property shall be directed in such a manner that it does not flow across the surface of the land to the bluff face. No natural slope of land away from the bluff shall be altered, and no overland flow of stormwater shall be allowed to reach the bluff face of adjacent property.

Stormwater shall not be recharged in a quantity or a location from which surface runoff or subsurface or groundwater flow will undermine the bluff face.

Impermeable paving shall be minimized, trap rock and natural gravel being required for driveways and other outdoor surfaces such suitable permeable paving as brick or flagstone on sand.

Roads and driveways shall be sited in such a manner that no stormwater from the roadways or driveways will reach the bluff face or the beach below.

Where ground cover has been disturbed, the area within 50 feet of the bluff face shall be replanted with native vegetation suitable for the location and adequate to ensure stability in the shortest possible time.

Repair to structures within the bluff setbacks that were in existence before this chapter was enacted will be allowed with proper permit, including the rebuilding of irreparably damaged or decayed stairs on the bluff itself. However, restoration of the bluff and the replanting of native vegetation is required per § 183-14F(8) above, and no expansion of these structures will be allowed, subject to limitations of NYS Uniform Code.

Permits for all building actions in all tidal wetlands areas are issued by the Department of Environmental Conservation of the State of New York. State permit requirements are not affected by this chapter and no pier may be erected within the Village of Poquott for which state requirements have not been met. The obtaining of a permit from the Department of Environmental Conservation shall not be a substitute for a Village permit issued in conformity with this chapter.

Permit requirements. Any person intending to construct or repair a recreational pier shall apply for a permit therefore pursuant to and in accordance with Subsection G to the Planning Board of the Village of Poquott. The Planning Board shall review the application and may conduct an on-site inspection of the area affected thereby in reaching a determination with respect to the issuance of a recreational pier.

Only one recreational pier permit shall be issued for each parcel of real property upon which a single family residence exists or may be constructed pursuant to the applicable Zoning Code and Building Regulations of the Code of the Village of Poquott. The presence of existing piers or structures intended for similar use shall preclude the issuance of a permit pursuant to this section.

The Planning Board may set forth in the recreational pier permit such further conditions deemed necessary for the effective administration of the legislative intent of this chapter.

If, upon inspection by the Planning Board or any duly authorized agent of the Village, an activity authorized by a recreational pier permit is found to be not constructed or maintained in conformity with the conditions set forth in such permit, the permit may be revoked, modified or suspended by the Planning Board.

Design and location requirements. Piers shall be designed to reduce obstacles to navigation and to public use of the water to which they give access.

Piers shall be constructed in a location and in a manner which avoids the need for dredging and which in no way interferes with navigability.

Piers shall be designed and constructed so that they do not impede the movement of water within Setauket Harbor or Port Jefferson Harbor, nor interfere with the functioning of Setauket Harbor or Port Jefferson Harbor as wildlife habitats and nesting areas.

Piers shall provide a minimum clearance of 3 1/2 feet above the soil surface of the marsh in vegetated intertidal areas.

Access to a pier must not encroach upon or disrupt a tidal wetland, marsh or public passage along the beach.

A building permit must be obtained for the construction, reconstruction or expansion of a pier. Minor repairs entirely above the level (e.g., decking) do not require a building permit, but must be done with approved materials, only.

A design plan must be submitted with the application for a building permit which includes the exact location of the proposed structure and access to it from land.

After passage of this chapter, any pier constructed or extended which does not conform to the provisions of this chapter shall be removed.

Sheds. The height of sheds is limited to 14 feet. Sheds must be in the rear yard of property, situated a minimum of two feet from property lines. In addition, no more than two sheds per property are permitted, with minimum of two feet between sheds. Sheds shall not have plumbing nor contain facilities for cooking or a kitchen or kitchenette.

Detached garages. As an accessory building, the height of detached garages may not exceed 14 feet nor contain plumbing or facilities for cooking or a kitchen or kitchenette.

Other nondwelling structures. The height of structures shall be limited to 10 feet in height from grade, and set a minimum of seven feet from property lines.

The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

The location, nature and height of buildings, walls and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and the use of the adjacent land and buildings.

Operations in connection with any special use will not be more objectionable to nearby properties than would be the operations of any permitted use not requiring a special permit.

Parking areas will be of adequate size for the particular use, properly located and suitably from adjoining residential uses, and the entrance and exit drives will be laid out so as to achieve maximum safety.

Identification signs will be permitted providing they comply with the requirements of Article IV, § 183-13C, and subject to a determination, in the case of signs used for advertising, that the design and location of said sign or signs will, to the maximum extent possible, not be objectionable to nearby residential properties.

Each applicant for a special permit shall pay a fee as set from time to time by resolution of the Board of Trustees.

A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use for the district in which it is situated; provided, however, that where the public welfare, health, or safety warrants a reasonable and necessary extensions may be temporary or permanent and permission therefor shall be obtained by application to and approval by the Board of Appeals.

Such nonconforming building shall not be structurally altered unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted; and provided, further, that any such nonconforming use may be extended throughout any parts of the building which were lawfully and manifestly arranged or designed for such use at the time of the adoption of the provision of this chapter which made said use nonconforming.

A nonconforming use of a building may be changed only to a conforming use.

If any nonconforming use of a building ceases for any reason for a continuous period of more than 360 days, or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any reason, then any future use of such building shall be only in conformity with regulations specified by this chapter for the district in which such building is located.

If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of any building thereon shall be in conformity with the regulations specified by this chapter for the district in which such land or building is located.

A permit may be issued for the erection of a building housing a permitted use on any lot which has been made nonconforming with respect to area, depth, width, or frontage requirements by the adoption of this chapter or Zoning Map, or any amendment thereto, provided that a valid conveyance has been recorded or a bona fide contract of sale for said lot has been executed and delivered prior to the date of the adoption of the provision of this chapter that made the lot nonconforming, except that where the owner of any such lot also owned or had under contract to purchase adjoining land on said date, such other land, or so much thereof as may be necessary, shall be combined with the original lot to make a single conforming lot, if possible, or otherwise a lot that is conforming to the fullest extent possible.

In the case of a lot having nonconforming dimensions in a particular districts the minimum required front and rear yard shall be those of the residence district in which said lot's depth would meet the requirements of this chapter and the minimum required side yard shall be those of the residence district in which said lot's width would meet the requirements of this chapter, but in no case shall such yards be less than would have been required prior to the date of adoption of this chapter.