Port Jefferson City Zoning Code
ARTICLE XV
Special Use Permits
§ 250-55 Grant of special use permits.
When, in the judgment of the Board of Trustees, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby, the Board of Trustees may, in appropriate and specific cases and subject to appropriate conditions and safeguards, grant a special use permit, whenever it is provided in this chapter that approval of the Board of Trustees is required, or refuse to grant the same where such action is justified.
§ 250-56 Uses requiring a special use permit.
§ 250-57 Bed-and-breakfast establishments.
[Amended 8-4-1997 by L.L. No. 5-1997; 6-26-2000 by L.L. No. 11-2000; 1-22-2001 by L.L. No. 3-2001[1]; 1-5-2015 by L.L. No. 1-2015; 3-3-2015 by L.L. No. 3-2015]
A.
Purpose and intent. The Village Board recognizes that tourism is an important factor in promoting the economic welfare of the Village of Port Jefferson and that it is in the best interests of the Village to ensure the continued growth of tourism trade. The Village Board also recognizes that many tourists prefer lodging accommodations in residential settings, which often offer more personalized services than those provided in motels or hotels. In addition, the Board seeks to protect and preserve property values and promote the more efficient use of the Village's existing stock of one-family dwellings, while providing some measure of economic relief to families of modest income who own and reside in such dwellings. Thus, it is this Board's determination that bed-and-breakfast establishments will help facilitate the achievement of these goals and objectives. Therefore, it is the specific intent and purpose of this Board, in enacting this section, to permit the establishment of quality bed-and-breakfast accommodations throughout the Village subject to standards and thresholds calculated to achieve these purposes.
B. BED-AND-BREAKFAST ESTABLISHMENT GUEST BEDROOM GUEST(S) HOST-HOSTESS OPERATED PRIMARY RESIDENCE
Definitions. As used in this section, the following terms shall have the meanings indicated:
An owner-occupied one-family dwelling or residence, and having, as an accessory use, guest bedroom(s), with breakfast provided, served in the host's private dining room, kitchen or other suitable dining area for those accommodated as paying guests, managed and operated by said owner/occupant. For purposes of bed-and-breakfast establishments, an owner shall be a natural person or persons only.
Bedroom for rent to non-family paying guests.
Person(s) who pay to stay overnight at the bed-and-breakfast establishment.
Owner and occupant of the bed-and-breakfast establishment.
A bed-and-breakfast is being presently operated when one of the following criteria are met: inspection of the guest registry indicates occupancy of at least one paying guest in each of three months of a given year, proof of advertising or marketing strategies, taking reservations upon request.
Although no single factor shall be solely determinative, evidence which may be considered in making a determination that a dwelling is occupied as a primary residence shall include, without limitation, such factors as: address used on tax return; voter registration address; address on driver's license.
C.
Bed-and-breakfast establishments, as defined in this chapter, may be located in any zoning district where one-family dwellings are a permitted use, whether located within an existing structure or new development, by special permit from the Board of Trustees.
D.
As provided by this chapter, a special use permit from the Board of Trustees shall be granted only upon the finding of the following criteria and conditions:
(1)
The property and structure sought to be used shall be the primary residence of the owner.
(2)
No new bed-and-breakfast establishment shall be permitted for any residential dwelling which is located on the same street of an existing bed-and-breakfast unless the proposed establishment is a minimum of 200 linear feet away from the property line(s) of the parcel containing said existing bed-and-breakfast establishment, or separated by a minimum of five lots, whichever is the greater distance. In cases where there is an existing bed-and-breakfast establishment located on a corner parcel, the 200 linear feet will be measured along all streets upon which the parcel maintains frontage. See diagram below. In the event of any conflict between the diagram below and the language of this section, the language of this section shall control.
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(3)
A maximum of four guest bedrooms may be offered for paying guests.
(4)
Adequate off-street parking facilities shall be provided for the host/hostess and his/her family. In addition, at least one off-street parking space shall be provided on site for each guest bedroom. The applicant shall clearly demonstrate that all such on-site parking is adequate with appropriate grade alignment and line of site distance. The applicant must also demonstrate that all such off-street, on-site parking is adequate in width, grade, alignment and visibility and that vehicular access to and from the property is adequate and safe.
(5)
The exterior appearance of a bed-and-breakfast establishment, including its overall site development, shall remain in appearance and character as that of a one-family dwelling. No separate entrances for the use of bed-and-breakfast guests shall be permitted.
(6)
The applicant shall demonstrate that all proposed exterior lighting or illumination shall be typical of that permitted in the residential zoning district where the bed-and-breakfast is located.
(7)
Only one sign shall be permitted, not to exceed three square feet in area and which shall be strictly limited to identification of the premises of the "named" bed-and-bed breakfast establishment.
(8)
No cooking facilities of any kind may be located in any of the bed-and-breakfast establishment's guest rooms.
(9)
No special use permit for a bed-and-breakfast shall be issued for any one-family dwelling having more than one kitchen.
(10)
The property and structures thereon are not in violation with all other requirements set forth in the Village Code.
E.
Application procedure.
(1)
Application for a special use permit for a bed-and-breakfast shall be made to the Board of Trustees, submitted to the Village Clerk, in the form prescribed by the Board, together with an application fee and a fee for each guest bedroom offered for rent.[2]
[2]
Editor's Note: See the Table of Fees included as an attachment to this chapter.
(2)
The Village Clerk shall forward the application, when deemed completed and the fee paid, to the Planning Board for review and comment. The Planning Board shall forward such comment to the Board of Trustees within 45 days of receipt of the application.
(3)
The Village Clerk shall forward the application, when deemed completed and the fee paid, to the Building Inspector. The Building Inspector shall, within 30 days of receipt of the application, make or cause to be made inspections to determine the condition of proposed bed-and-breakfast establishment. The Building Inspector or his designated representative is authorized to enter, upon the consent of the owner, at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this article. Upon conclusion of the inspection, the Building Inspector or designee shall reduce their observations to writing and forward said document to the Board of Trustees and Planning Board for consideration.
(4)
Special use permit applications for a bed-and-breakfast shall require a public hearing, notification of property owners within a two-hundred-foot radius of the property line(s) or within a distance of five lots from the property line(s), whichever is the greater distance, at least 10 days prior to such public hearing by certified mail, return receipt requested, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested.
(5)
The notification of adjacent property owners as set forth in Subsection E(4) above shall be to those whose names appear on the last complete tax roll of the Village. The said applicant shall submit a sworn statement to the Board of Trustees, at the time of the hearing, that the owners have been so notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.
(6)
At the public hearing, the Board of Trustees shall consider the criteria and conditions set forth in § 250-57D and may table the matter pending receipt of additional information as requested by said Board.
(7)
The Board of Trustees shall render a decision within 30 days from the date on which the hearing is closed. All grants of a special use permit under this section will be conditioned upon the following:
(a)
The host shall maintain a guest register preserving all registration records for a minimum of three years, and shall make same available for review and inspection by authorized Code Enforcement Officers or other duly authorized personnel in connection for an application for renewal of said permit.
(b)
All guests shall be limited to a maximum stay of 30 consecutive nights.
(c)
Continued compliance with all other requirements otherwise set forth in the Village Code.
(d)
Any and all amenities provided in connection with the guest bedrooms (i.e., swimming pool, tennis court, patio room, et al.) shall be solely for the use of the host/hostess, his/her family, his/her personal guests and the appropriately registered guests.
(e)
Compliance with any and all state and local health, fire, building, sanitation and maintenance codes applicable to the use of the premises as a bed-and-breakfast establishment as interpreted by the Village Fire Marshal and Building Inspector.
(f)
An inspection of the premises, upon the owner's consent, in which a bed-and-breakfast use has been established by the Building Inspector and Fire Marshal, who each shall make at least annual inspections.
(g)
The bed-and-breakfast establishment must be operated a minimum of three months a year. These months of operation may be either consecutive or nonconsecutive.
(h)
A special use permit issued for the first time for a bed-and-breakfast on a particular site shall be issued for a period not to exceed one year.
(i)
Any other conditions and restrictions the Board of Trustees deem reasonable and directly related to and incidental to the proposed special use permit for a bed-and-breakfast establishment.
F.
Additional provisions. A special use permit issued for a bed-and-breakfast may be transferred to the purchaser of the property upon which the bed-and-breakfast is operated on the following conditions:
(1)
The purchaser desires the transfer of the special use permit.
(2)
Prior to closing, the purchaser advises the Village Clerk of his/her desire to continue the operation of the bed-and-breakfast and completes a questionnaire providing such information as the Village deems appropriate.
(3)
If the closing takes place on a date more than six months before the date on which the seller's special use permit is scheduled to expire, the purchaser may continue to operate the bed-and-breakfast until the end of the calendar year in which the closing takes place, with the further right to apply for a renewal of the special use permit for a period of up to three consecutive years.
(4)
If the closing takes place on a date less than six months before the date on which the seller's special use permit is scheduled to expire, the purchaser may continue to operate the bed-and-breakfast from the date of closing plus 12 consecutive months after the end of the calendar year in which the closing takes place. Such purchaser may apply for a renewal of the special use permit for a period of up to three consecutive years prior to the expiration of such twelve-consecutive-month period.
G.
Renewal of bed-and-breakfast special use permit. Special use permits for a bed-and-breakfast may be renewed by the person holding the permit, without amendment, for a period of up to three consecutive years, upon application to the Village Clerk and public hearing by the Board of Trustees. Upon receipt of a completed application for renewal and fee paid, the Board of Trustees shall schedule a public hearing with the notice requirements set forth in § 250-57E(4) and (5). The Board of Trustees may renew the special permit upon the finding of the following conditions:
(1)
The completed application for renewal includes a signed and sworn statement that there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Village of Port Jefferson local laws or ordinances pertaining to the property.
(2)
Confirmation from the appropriate department or agency that all conditions of the permit, including those set forth in § 250-57E(7), have been met continuously during the term of the special permit.
(3)
In those cases where a special use permit for a bed-and-breakfast has been renewed for a period in excess of one year, the fee set forth in the Table of Fees, included as an attachment to this chapter, must be paid for each year of the renewed term, at the beginning of each such year.
(a)
Failure to pay the fee shall result in the termination of the permit.
H.
Penalties for violations.
(1)
Penalties for violations of any criteria or conditions set forth in a special use permit will result in fines and/or imprisonment as delineated in § 250-47 and/or immediate revocation of the special use permit.
(2)
A special use permit may be revoked by the Board of Trustees after a public hearing on notice to the property owner, and all neighboring property owners entitled to notice as set forth in § 250-57E(4) and (5), based upon a violation of any requirements of this chapter or the conviction of a crime committed on the premises.
(3)
In the case of an imminent threat to public safety as determined by the Fire Marshal or the Building Inspector, the special use permit may be revoked immediately, with the property owner having the opportunity to be heard by the Village Board regarding the revocation at a meeting to be held no later than 14 business days from the date of the revocation of the special use permit, at which time the Board of Trustees shall determine whether to confirm the revocation or reinstate the permit with or without conditions.
I.
If any clause, sentence, paragraph, section, article, chapter or part of this section or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 250-58 Seasonal outdoor dining.
[Amended 1-22-2001 by L.L. No. 3-2001[1]; 2-25-2013 by L.L. No. 4-2013; 1-5-2015 by L.L. No. 1-2015; 2-3-2020 by L.L. No. 2-2020]
A.
Purpose and intent. It is the purpose of the Board of Trustees in enacting the subject section of code to allow for the controlled utilization of outdoor spaces for dining activities. The Board recognizes that the Village of Port Jefferson is a unique and picturesque environment, and that patrons of local dining establishments may wish to further enjoy the benefits of the community by dining outdoors. The Board finds that the desire of patrons and the benefits to restaurants in providing such outdoor dining space must be carefully weighed and considered in the light of ensuring that no detriment be inflicted on the surrounding community. As such, the special permit criteria and conditions set forth herein are promulgated with these issues and concerns in mind and with the intent to conditionally permit the outdoor dining use, while continuing to protect and promote the community and environment which make such dining desirable. The inclusion of the MW-1 Zone should not be interpreted to support or encourage restaurant use, which is not permitted in this zone. The inclusion of the MW-1 Zone is merely to allow yacht clubs that offer food and drink to their membership, to do so out of doors via the subject permit.
B. OUTDOOR DINING SPACE
Definitions. The following definitions are set forth for the administration of this section:
A space which is open to the elements and cannot be enclosed by retractable roofing and walls.
C.
As provided by this chapter, a special use permit from the Board of Trustees shall be granted for seasonal outdoor dining, only upon the finding of the following criteria and conditions:
(1)
Submission of a completed application and required fee.
(2)
The restaurant, hotel, motel, bar, tavern, nightclub, cidery, brewery or winery, which is the subject of the request, must be existing, located in the commercial C-1 or C-2 Districts, Marine Waterfront MW-1 or MW-2 Zoning Districts, and must maintain proper permitting and no violations for the property.
(3)
The number of seats allowed in a seasonal outdoor dining location will be determined by application of the following formula: 15 square feet of outdoor dining space per seat. This calculation will take into account only that space which will be designated for the proposed outdoor dining use. No interior space or other outdoor space shall be included in this calculation.
(4)
The outdoor dining area is located and configured in such a fashion so that a six-foot width of public right-of-way, neighboring viewsheds and emergency exits are not obstructed.
(5)
Demonstration of adequate on-site or municipal parking facilities to accommodate the outdoor dining use.
D.
Application procedure.
(1)
Application for special use permit for seasonal outdoor dining shall be made to the Board of Trustees, submitted to the Village Clerk, in the form prescribed by the Board, together with a signed form indicating the property owner's consent and application fee.
(2)
The Village Clerk shall forward the application, when deemed completed and the fee paid, to the Planning Department for review and comment. The Board of Trustees may also opt to forward the application to the Planning Board for its input. Within 45 days of receipt of the application, the Planning Department shall forward said comment to the Board of Trustees.
(3)
The Village Clerk shall forward the application, when deemed completed and the fee paid, to the Building Inspector. The Building Inspector shall, within 30 days of receipt of the application, make or cause to be made inspections to determine the condition of proposed seasonal outdoor dining area. The Building Inspector or his designated representative is authorized to enter, upon the consent of the owner, at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this article. Upon conclusion of the inspection, the Building Inspector or designee shall reduce their observations to writing and forward said document to the Board of Trustees and the Planning Department for consideration.
(4)
Special use permit applications for seasonal outdoor dining shall require a Board of Trustees public hearing, notification of property owners within a 200-foot radius of the property line(s) or within a distance of five lots from the property line(s), whichever is the greater distance, at least 10 days prior to such public hearing by certified mail, return receipt requested, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested.
(5)
The notification of adjacent property owners as set forth in Subsection D(4) above shall be those whose names appear on the last complete tax roll of the Village or of the Town of Brookhaven. Said applicant shall submit a sworn statement to the Board of Trustees, at the time of the hearing, that the owners have been so notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.
(6)
At the public hearing, the Board of Trustees shall consider the criteria and conditions set forth in § 250-58C and may table the matter pending receipt of additional information as requested by said Board.
(7)
The Board shall render a decision within 30 days from the date on which the hearing is closed. All grants of a special use permit under this section will be conditioned upon the following:
(a)
In the case where the applicant is seeking a special use permit for seasonal outdoor dining for the first time, these special permits shall not exceed a grant of one year.
(b)
In the case where said applicant has previously received a special use permit for seasonal outdoor dining, and has maintained said permit without issue or violation, and is now seeking a new special use permit for seasonal outdoor dining, said permit shall not exceed a grant of three years.
[1]
Applicants holding a multiyear permit must, on the yearly anniversary of the granting of said permit:
[a]
File a signed and sworn statement that all conditions set forth by the Board of Trustees, under § 250-58D(7), have been met without exception with the Clerk, on a form provided by the Village, confirming that there are no outstanding violations of the property.
[b]
File a signed and sworn statement that there are no existing or outstanding violations of any federal, state or county laws, or rules or regulations or of any Village of Port Jefferson local laws or ordinances pertaining to the property.
[c]
Pay the yearly special permit fee.
(c)
All seasonal outdoor permits shall be issued for the period from March 15 to November 15 of any calendar year.
(d)
Operators shall not provide service to outdoor dining areas between 11:00 p.m. and 7:00 a.m.
(e)
No food shall be prepared outside.
(f)
The outdoor dining area shall not be used for any purpose other than the service of food and beverage (including alcohol) provided by wait staff for consumption at tables and chairs in the outdoor dining area. The service of alcoholic beverages alone shall only be permitted if provided by wait staff for consumption at tables and chairs in the outdoor dining area. Any service bar shall be for wait staff use only.
(g)
No trash or refuse shall be stored or collected in the outdoor dining area; any such area shall be maintained free of litter.
(h)
All equipment, furniture and furnishings associated with the seasonal outdoor dining use shall be temporary in nature and from November 15 to March 1, shall be stored indoors or off site.
(i)
The providing of music or live entertainment via amplified device shall be permitted in the outdoor dining area subject to the requirements set forth in Chapter 173 of the Village Code. During "the season," Memorial Day through Labor Day, all music provided in the outdoor dining area shall permitted no later than 10:00 p.m., with the exception of Friday and Saturday evenings, which shall be permitted no later than 11:00 p.m.
[1]
Sunday through Thursdays during "the season," Memorial Day through Labor Day, the provision of music or live entertainment via amplified device in establishments with valid seasonal outdoor dining permits shall be permitted at or below 65 dBA no later than 10:00 p.m. Prior to Memorial Day and after Labor Day, the provision of music or live entertainment via amplified device in establishments with valid seasonal outdoor dining permits shall be permitted at or below 65 dBA no later than 9:00 p.m. On Fridays and Saturdays during "the season," Memorial Day through Labor Day, the provision of music or live entertainment via amplified device in establishments with valid seasonal outdoor dining permits shall be permitted at or below 65 dBA no later than 11:00 p.m. Prior to Memorial Day and after Labor Day, the provision of music or live entertainment via amplified device in establishments with valid seasonal outdoor dining permits shall be permitted at or below 65 dBA no later than 9:00 p.m.
(j)
Continued compliance with all other requirements otherwise set forth in the Village Code.
(k)
Compliance with any and all state and local health, fire, building, sanitation and maintenance codes applicable to the use of the establishment, including but not limited to the installation of tents, outdoor natural gas/propane patio heaters, fire pits/tables.
(l)
Any other conditions and restrictions the Board of Trustees deem reasonable and directly related to and incidental to the special use permit for seasonal outdoor dining.
E.
Renewal.
(1)
Special use permit for seasonal outdoor dining may be renewed by the person holding the permit, without amendment, for a period of up to three consecutive years, upon application to the Village Clerk and public hearing by the Board of Trustees. Upon receipt of a completed application for renewal and fee paid, the Board of Trustees shall schedule a public hearing with the notice requirements set forth in § 250-58D(4) and (5). The Board of Trustees may renew the special permit upon the following conditions:
(a)
The previously issued permit is still valid in terms of date and conditions.
(b)
A signed and sworn statement that all conditions set forth by the Board of Trustees, under § 250-58D(7), have been met without exception.
(c)
The completed application for renewal includes a signed and sworn statement that there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Village of Port Jefferson local laws or ordinances pertaining to the property.
(2)
The Village Clerk shall forward the application, when deemed completed and the fee paid, to the Building Inspector. The Building Inspector shall, within 30 days of receipt of the application, make or cause to be made inspections to determine the condition of proposed seasonal outdoor dining area. The Building Inspector or his designated representative is authorized to enter, upon the consent of the owner, at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this article. Upon conclusion of the inspection, the Building Inspector or designee shall reduce their observations to writing and forward said document to the Board of Trustees and the Planning Board for consideration.
(3)
In those cases where a special use permit for seasonal outdoor dining has been renewed for a period in excess of one year, the fee set forth in the Table of Fees included as an attachment to this chapter must be paid for each year of the renewed term, at the beginning of each such year.
(a)
Failure to pay the fee shall result in termination of the permit.
F.
Penalties for violations.
(1)
Penalties for violations of any criteria or conditions set forth above will result in fines and/or imprisonment as delineated in § 250-47 and/or immediate revocation of the special use permit.
(2)
A special use permit may be revoked by the Board of Trustees after a public hearing on notice to the property owner, and all neighboring property owners entitled to notice as set forth in § 250-58D, based upon a violation of any requirement of this chapter, the conviction of a crime committed on the premises or violation of the purpose and intent of this chapter, including suffering or permitting one or more serious acts of disorderly conduct by patrons that constitute a hazard or nuisance to person on the premises or in its immediate vicinity.
(3)
In the case of an imminent threat to public safety as determined by the Fire Marshal or the Building Inspector, the special use permit may be revoked immediately, with the property owner having the opportunity to be heard by the Village Board regarding the revocation at the meeting to be held no later than 14 days from the date of the revocation of the special use permit, at which time the Board of Trustees shall determine whether to confirm the revocation or reinstate the permit with or without conditions.
(4)
Any person who violates this subsection or fails to comply with any of its requirements or the conditions set forth in the special permit, including the number of tables to be used outdoors, shall be subject to the immediate revocation of the special permit by the Building Inspector. Further, any person who violates this subsection or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.
G.
If any clause, sentence, paragraph, section, article, chapter or part of this section or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 250-59 Telecommunications towers.
[Added 1-22-2001 by L.L. No. 3-2001[1]]
A.
Special permit applications for telecommunications towers, prior to approval, shall require a public hearing, notification of property owners within 500 feet of the property lines of the parcel in which the proposed tower is to be constructed, at least 10 days prior to such hearing by certified mail, return receipt requested, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested.
B.
Special permits for telecommunications towers may be renewed, without amendment, from year to year, subject only to review by the Board of Trustees and the payment of a fee of $500 for each year renewed.
C.
Application for special permits for telecommunications towers shall be made to the Board of Trustees, through the Village Clerk, in the form prescribed by it, together with an application fee in the sum of $500.
D.
The notification of property owners as set forth in Subsection A above shall be to those whose names appear on the last complete tax roll of the Village. The applicant shall submit a sworn statement to the Board of Trustees at the time of the hearing that the owners have been notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.