Port Jefferson City Zoning Code
ARTICLE V
District Use Regulations
§ 250-10 Site development plan approval required for certain uses.
[Amended 9-14-1977 by L.L. No. 13-1977; 9-29-1982 by L.L. No. 3-1982]
In all districts, site development plan approval by the Planning Board shall be required, in accordance with § 250-52 of this chapter, in the following instances:
A.
The erection, addition, expansion, extension, division, alteration or reconstruction of all buildings, including those within a condominium or homeowners' association, and parts thereof, other than one-family detached dwellings or buildings accessory thereto. Notwithstanding the foregoing, one-family detached dwellings and buildings accessory thereto situated in the R-O Zoning District shall require site development plan approval in accordance with § 250-52 of this chapter.
[Amended 8-13-2001 by L.L. No. 12-2001]
B.
The creation of any uses other than single-family residences or uses accessory thereto.
C.
All uses of land where no building is proposed but where Planning Board approval or a building permit or certificate of occupancy is required, other than single-family residences or uses accessory thereto.
D.
The expansion of change of any use in an existing building other than an expansion of a one-family detached residence or buildings accessory thereto. Exception to this shall include any proposed change of use within the C-1 or C-2 Districts in which the proposed change represents a change from permitted use to permitted use. When, in the opinion of the Building Inspector, the proposed change does not require any changes to the building exterior, increase in required parking, or any other condition for which a formal review by the Planning Board is warranted, the change of use may be approved by the Building Inspector.
[Amended 12-6-2010 by L.L. No. 12-2010]
E.
Any change made to a site that is not in accordance with the approved site plan, including but not limited to the placing of signs or obstructions or by other means that alters pedestrian or vehicular flow of traffic to, from or within the site, excluding single-family residences or uses accessory therein.
[Added 2-6-1985 by L.L. No. 1-1985]
F.
The creation of a professional office or studio in a residential district.
[Added 2-26-1996 by L.L. No. 1-1996]
§ 250-11 Single-Family Residence R-A and R-A1 Districts.
[Amended 9-5-1973; 2-26-1996 by L.L. No. 1-1996;5-8-2000 by L.L. No. 7-2000; 1-22-2001 by L.L. No. 4-2001; 9-22-2003 by L.L. No. 10-2003; 6-26-2006 by L.L. No. 3-2006; 12-6-2010 by L.L. No. 11-2010; 8-5-2013 by L.L. No. 10-2013; 10-7-2013 by L.L. No. 10-2014; 11-4-2019 by L.L. No. 15-2019]
In a Single-Family R-A District and in a Single-Family R-A1 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except the following:
A.
Permitted uses.
(1)
One-family detached dwellings, not to exceed one dwelling on each lot.
(2)
Churches, including convents and parish houses, and other places of worship. A parsonage and rectory shall conform to the requirements for a one-family dwelling. Special conditions:
(3)
Schools, both public and private. Special conditions:
(b)
Any such school shall be nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.
(4)
Village parks, playgrounds and related recreational facilities and buildings.
B.
Conditional uses permitted upon approval by the Planning Board in accordance with Article XII hereof. The following conditional uses may be permitted, subject to the approval of the Planning Board in accordance with § 250-51 hereof. These uses are subject to the regulations specified below and elsewhere in this chapter, including site plan approval as specified in § 250-52 hereof.
(1)
Private country clubs, golf courses. Special conditions are as follows:
(a)
The country club or golf course shall be located on a parcel of not less than 50 acres.
(b)
There shall be no more than two permanent single-family dwellings on the club site.
(c)
All buildings shall be set back at least 200 feet from all property lines and shall not cover more than 10% of the site.
(d)
All athletic or recreational facilities shall be located at least 50 feet from all property lines.
(2)
Public facility and utility installations, such as a firehouse or pumping station, needed to serve the general neighborhood, subject to a determination by the Planning Board that no other reasonable location in a less restricted district can be used for the purpose contemplated, and subject further to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining properties and of the character of the district and in accordance with § 250-52 of this chapter. Such use shall occupy not more than 25% of the lot and shall not be within 50 feet of any property line or street line.
(3)
Professional office or studio of an accountant, architect, artist, chiropractor, city planner, dentist, insurance broker, real estate broker, engineer, surveyor, lawyer, musician, teacher and physician (or similar professional person) or any other professional as defined in the Education Law of the State of New York, provided that:
(a)
Such office or studio is located within the principal building and is incidental to the residential use of the premises and is carried on by a resident and owner thereof 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 principal building.
(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 in the neighborhood shall be prohibited unless also equipped with means to prevent such interference.
(e)
A minimum of five off-street parking places shall be provided.
(f)
Other than the two nonresident assistants provided in Subsection B(3)(a) above, such use shall be limited to one professional resident of the principal building.
(g)
Lot area shall not be less than 15,000 square feet.
(h)
Site plan review and approval, as required by § 250-10, shall take into account no less than screening of the parking and other site characteristics of the professional and studio use from surrounding and neighboring properties; eliminating glare of lights from shining onto surrounding and neighboring properties; providing adequate side and rear yard setbacks to protect surrounding and neighboring properties; no parking shall be permitted in front yards.
(i)
It shall be unlawful for a practitioner of any of the professions set forth above to maintain office hours or to treat patients or service clients in an office located in such residential district between the hours of 9:00 p.m. and 9:00 a.m., except for emergencies. "Emergencies" are hereby defined as urgent treatment requiring the immediate attention of the professional with respect to a problem or condition not immediately foreseen and which treatment cannot be held in abeyance for authorized office hours without endangering the life of the patient.
C.
Permitted accessory uses limited to the following:
(1)
Customary home occupations, provided that:
(a)
No display of goods is visible from the street.
(b)
Such occupation is incidental to the residential use of the premises and is carried on in the principal building by a resident therein with no assistants except those who are members of the immediate family and who reside on the premises.
(c)
Such occupation is carried on in an area not exceeding 30% of the area of the ground floor of the principal building.
(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.
(e)
At no time shall any premises be used as a rooming house or a boarding house.
(3)
Wading pool, temporary or permanent swimming pool incidental to the residential use of the premises and not operated for gain, provided that the temporary or permanent swimming pools with an area of 150 square feet or more and a depth in excess of 18 inches shall be subject to the following requirements:
[Amended 11-1-2021 by L.L. No. 11-2021]
(a)
No part of such pool shall be nearer than 20 feet to any property lines and in no case within the required front or side yards. In the case of corner lots, no part of such pool may be within the required front yard (as defined in § 250-9 of this chapter) but must be located in either the rear or side yards which, for purposes of this section only, shall be interchangeable as determined on a case-by-case basis by, and subject to the approval of the Building Inspector of the Incorporated Village of Port Jefferson.
(b)
Fencing.
[1]
Prior to the placing of any water in excess of 18 inches in depth into such pool, an adequate permanent fence shall be erected and maintained to prevent accidental entry, etc.
[2]
Such fence shall be no less than five feet nor more than 6 1/2 feet in height.
[3]
The type of fence shall be approved by the Building Inspector, who, in evaluating a request for approval, shall give due consideration to the structural adequacy and durability of the proposed fence to ensure the safety and welfare of the general public and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
[4]
The enclosing fence shall have not more than two openings for ingress and egress. Said openings shall have a self-closing gate or door with an adequate lock which can be opened from outside the pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the owner or occupant is not present at the swimming pool.
(d)
In the event that an owner shall abandon a permanent outdoor swimming pool, he shall forthwith fill all voids and depressions and restore the premises to a safe and satisfactory condition. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(e)
Building permits for permanent swimming pools shall be issued by the Building Inspector. The plans and specifications shall also contain a certification by a professional engineer that the drainage of such swimming pool is adequate and will not interfere with the public or private water supply systems or with existing disposal facilities.
(f)
No overhead current carrying electrical conductors shall cross an outdoor swimming pool, and no underground conduits, other than approved equipment accessory to the pool, shall be within 15 feet of such pool.
(4)
Private garage or carport for the parking of passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile; open off-street parking areas for residents and their guests.
(6)
The keeping of a reasonable number of customary household pets, but excluding the commercial breeding or keeping of the same.
(8)
Hot tub.
(a)
Every hot tub shall conform to the provisions set forth for swimming and wading pools as contained in § 250-11C(3) above.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered, provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
§ 250-12 Single-Family Residence R-B1 District. [1]
[Amended 5-8-1974; 12-6-2010 by L.L. No. 11-2010; 11-4-2019 by L.L. No. 16-2019]
In a Single-Family R-B1 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except the following:
C.
Permitted accessory uses. Any accessory use permitted and as regulated in Residence District R-A, § 250-11C.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-13 Single-Family Residence R-B2 District. [1]
[Amended 5-8-1974; 12-6-2010 by L.L. No. 11-2010; 11-4-2013 by L.L. No. 17-2014]
In a Single-Family R-B2 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except the following:
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(2)
Nursery schools or day nurseries, provided that:
(a)
The building coverage shall not exceed 30%.
(b)
The lot shall contain at least 200 square feet of outdoor play space per child. Such play space shall be adequately fenced or screened.
(c)
No buildings or play facilities shall be within 50 feet of any property line or street line.
(d)
One off-street parking space shall be provided for each teacher and employee.
C.
Permitted accessory uses. Any accessory use permitted and as regulated in Residence District R-A, § 250-11C.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered, provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
[1]
Editor's Note: See the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-14 One- and Two-Family Residence R-B3 District. [1]
[Amended 5-8-1974; 12-6-2010 by L.L. No. 11-2010; 11-4-2019 by L.L. No. 18-2019]
In a One- and Two-Family Residence R-B3 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except the following:
B.
Conditional uses. The following conditional uses may by permitted upon approval by the Planning Board in accordance with § 250-51 hereof, and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(2)
Museums and libraries, provided that:
(a)
The building coverage and the proximity of such museums and libraries to any property or street line shall be those permitted by the Planning Board at the time it authorizes conditional uses and approves site development plans for said museums and libraries.
C.
Permitted accessory uses. Any accessory use permitted and as regulated in Residence District R-A, § 250-11C.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-15 Moderate-Density Residence R-M District. [1]
[Amended 12-6-2010 by L.L. No. 11-2010; 11-4-2019 by L.L. No. 19-2019]
In a Moderate-Density Residence R-M District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except the following:
A.
Permitted uses.
(2)
Multiple dwellings, subject to the provisions of Article VIII and § 250-52 and the following conditions:
(a)
Size of building. The size of any building hereafter erected shall be so limited that the maximum possible straight line horizontal measurement or dimension in any direction, from any part of the structure to any other part of the structure, shall not exceed 160 feet.
(c)
Courts.
[1]
Inner courts. An inner court is permitted if the minimum dimension of such court is equal to not less than 60 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereto to the top of such wall, except that in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.
[2]
Outer courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.
(d)
Off-street parking requirements. All uses shall provide space for the parking of passenger automobiles in accordance with the requirements of the R-A Residence District, except that for each physician or dentist, there shall be provided one parking space for each 100 square feet of office area. Parking areas shall be suitably landscaped and maintained in accordance with § 250-27. No parking space shall be located in any front yard nor within 10 feet of any side or rear lot line. The parking of motor vehicles within 15 feet of any wall or portion thereof of a four-or-more-family dwelling, which wall contains legal windows other than a legal bathroom or kitchen window, with a sill height of less than eight feet above the level of said parking space, is prohibited. Additional parking areas shall be required for guest parking.
(e)
Swimming pools. Any swimming pools provided on the lot shall conform to the provisions set forth in § 250-11C(3) hereof.
B.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-16 Residence-Office R-O District. [1]
[Amended 5-11-1977 by L.L. No. 4-1977; 10-22-1980 by L.L. No. 13-1980; 2-7-1994 by L.L. No. 1-1994; 10-3-1994 by L.L. No. 4-1994; 8-13-2001 by L.L. No. 11-2001; 2-3-2003 by L.L. No. 4-2003; 12-6-2010 by L.L. No. 11-2010;2-25-2013 by L.L. No. 2-2013; 10-7-2013 by L.L. No. 10-2014; 11-4-2019 by L.L. No. 20-2019]
In a Residence-Office R-O District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any use except the following:
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52:
(1)
Two-family residences, provided that:
(a)
Off-street parking for a minimum of four vehicles shall be provided but not in the front yard.
(b)
No construction shall be undertaken which would result in a change to the exterior of the building so as to detract from the architectural style/pattern and character of the neighborhood.
(c)
No construction shall be undertaken which would result in an increase in the degree of noncompliance with existing bulk regulations for two-family residences in the R-O District.
(e)
One two-family detached dwelling is permitted on each lot.
(2)
Mixed uses (residence and office/studio): a building within which is located a single-family residence and one non-medical professional office or one studio, provided that:
(a)
Off-street parking for a minimum of five vehicles shall be provided, but not in the front yard.
(b)
No construction shall be undertaken which would result in a change to the exterior of the building so as to detract from the architectural style/pattern and character of the neighborhood.
(c)
No construction shall be undertaken which would result in an increase in the degree of noncompliance with existing bulk regulations for single-family residences in the R-O District.
(e)
Studios where art, dancing or music instruction is offered to groups in excess of four pupils at one time or where expositions, recitals or concerts, and the like, are held, are prohibited.
(f)
Equipment capable of causing interference with radio, telephone or television reception in the neighborhood shall be prohibited unless equipped with means to prevent such interference.
(g)
No more than one mixed-use detached building is permitted on each lot.
(h)
The use complies with the Bulk Regulations for Nonresidential Structures.[2]
[2]
Editor's Note: Said table is included as an attachment to this chapter.
C.
Accessory uses.
(1)
Active and passive accessory uses as defined by § 250-9 and regulated in § 250-28 of the Code, children's swing sets, wading pools, private garages or carports for the parking of passenger automobiles for use by residents on the premises and household pets (commercial keeping or breeding excluded).
[Amended 11-1-2021 by L.L. No. 12-2021]
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered, provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
E.
Nonconforming uses in the R-O Zone.
(1)
Notwithstanding the provisions of § 250-41 of this chapter, in a Residence-Office R-O District, a nonconforming use may be continued indefinitely, provided that such continuance is in accordance with the provisions of §§ 250-38 and 250-39 of this chapter, and provided further that the existence of the nonconforming use has at all times been continued pursuant to the terms of § 250-41 of this chapter.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-17 Professional Office P-O District. [1]
[Amended 10-22-1980 by L.L. No. 13-1980; 10-3-2016 by L.L. No. 8-2016; 11-4-2019 by L.L. No. 21-2019]
In a Professional Office P-O District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except the following:
A.
Permitted uses.
(2)
Hospitals, sanatoriums, resident nurses' homes, nursing homes and adult homes not used as correctional or penal institutions or institutions for the insane, subject to the following provisions:
(a)
The minimum lot area shall be 100,000 square feet, and the minimum frontage shall be 250 feet.
(b)
The coverage shall not exceed 20%.
(c)
No part of any building shall be within 50 feet of any property line or sheet line.
(d)
The height of hospitals shall not exceed six stories; the height of sanatoriums, resident nurses' homes, nursing homes and adult homes shall not exceed three stories.
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(2)
Office buildings for business and professional use, including administrative, medical, scientific research and development, statistical, financial and similar purposes in connection with such uses.
(3)
(4)
Philanthropic and eleemosynary institutions, subject to the same conditions as Subsection B(3) above.
(5)
Commercial research and medical laboratories engaged exclusively in the pursuit of biological or technological research or the development of manufactured, processed or compounded products, including, but not limited to, engineering research in food and consumer products, consumer research and development operation in chemical processing of biological or food or other consumer products, subject to the following regulations:
(a)
Such commercial research laboratory may contain only such facilities and equipment as may reasonably be required by such laboratory for research in and development of the processes or products directly related to the business of the owner thereof.
(b)
Such commercial research laboratory may contain what are customarily known as pilot experimental facilities for processing or assembling units of products resulting from research and experimental work on the premises of such laboratory or the assembly of other related units involving only light, small or microscopic parts, the assembly of which requires the supervision and the specific skills of the technical staff of such laboratory, provided that:
[1]
Such assembled experimental units may consist only of small test or trial packages of products developed by such laboratory for testing preservative qualities or consumer acceptability, whether by gift or sale, but assembling of any trial packages shall be limited to and confined exclusively to testing preservative qualities and consumer acceptability.
[2]
Such assembled experimental units may also consist of small portable test or prototype instruments of scientific, optical, medical, photographic, electronic or similar type and nature not exceeding 30 inches in any dimension.
[3]
Said assembling facilities may contain a total floor area of not greater than 10% of the total area of the building.
[4]
There shall be no commercial manufacture on the premises, except with respect to limited quantities of test or trial products as above provided or such models or prototypes as may be created and used in the pursuit of the research, experimentation and development conducted in such laboratory.
C.
Special requirements.
(1)
Public utility buildings or structures and governmentally owned and operated buildings with ground coverage by buildings or structures of 1,000 square feet or less may be located on lots of less than three acres, provided that no such building or structure shall be located closer to any lot line than a distance equal to the height of such building or structure and in no event less than 15 feet therefrom.
(2)
(Reserved)
(3)
No accessory off-street parking and truck loading or maneuvering area shall be located:
(a)
Less than 100 feet from the boundary of a residence district or less than 50 feet from the boundary of any commercial district.
(b)
Less than 50 feet from the boundary of any abutting lot within the R-A District.
(c)
No truck-loading facilities of any type, including platforms, shall be permitted along any wall of any building where such wall faces a highway or street.
(d)
No parking facilities shall be located within 10 feet of the wall of any building where such wall faces any street or highway.
(4)
Landscaping.
(a)
When used for office purpose, the entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All landscaping shall be properly maintained throughout the life of any use of said lot. Existing retaining walls, trees or landscaping located within 20 feet of any street or lot line shall not be removed except upon written approval by the Planning Board, nor shall the existing grade within that space be disturbed without such approval.
(b)
Under the conditions listed below, there shall be planted along the lot lines of the subject lot trees or shrubs of such type and spacing as shall be required by the Planning Board to adequately screen all operations on the lot from the view of adjoining properties. Generally, such screening shall not be less than four feet where:
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
E.
Accessory uses.
(1)
Any accessory use permitted in and as regulated in the R-A District.
(2)
Private garages for the storage only of vehicles owned by the proprietor of the principal use and employees thereof and visitors thereto.
(3)
Parking lots for executives, employees and visitors.
(4)
Restaurants or cafeterias for supplying meals only to employees and guests of the principal use.
(5)
Signs, subject to § 250-31 and the following conditions:
(a)
When the building is set back 25 feet or more from the street line, one freestanding sign or directory may be erected on each street on which the property is located. Such sign may have a total area of 1/2 the frontage of the lot but in no case greater than 16 square feet.
(b)
Necessary direction signs may be installed, none of which shall exceed five square feet in area.
(c)
The smallest measurement of said sign or directory shall not be less than 2/3 of the other measurement and may be indirectly illuminated.
(d)
Such sign or directory shall not be erected nearer than six feet to any building nor encroach on any required side yard and shall be set back not less than five feet from all street and property lines.
(e)
The lower edge of said sign or directory shall not be less than two feet above the ground, and the upper edge shall not extend more than eight feet above the ground.
F.
All permitted and conditional uses described in Subsections A and B of this section require as a condition of approval the following off-street parking spaces:
(1)
Permitted uses.
(a)
As in R-A:
[1]
Churches, convents, parish houses and other places of worship, as per § 250-27D: one per 200 square feet of floor area, but not less than one space for each five seats where provided.
(2)
Conditional uses.
(a)
As in R-A:
[1]
Country clubs and golf courses, as per § 250-27D: one per two members or two accommodations (such as lockers), whichever is greater.
[2]
Firehouse, as per § 250-27D: one per 200 square feet of floor area, but not less than one space for each five seats where provided.
[3]
Pumping station: one per employee.
(b)
As in R-B2:
[1]
Nursery schools, as per § 250-13B(2)(d): one off-street space for each employee.
(d)
(e)
Convalescent and nursing homes, as per § 250-27D (hospitals, etc.): one per 400 square feet of floor area.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-18 Central Commercial C-1 District. [1]
[Amended 3-10-1971; 9-22-1976 by L.L. No. 8-1976; 2-7-1979 by L.L. No. 1-1979; 2-27-1980 by L.L. No. 2-1980; 5-7-1980 by L.L. No. 4-1980; 7-22-1981 by L.L. No. 4-1981; 5-5-1982 by L.L. No. 2-1982; 9-26-1984 by L.L. No. 6-1984; 3-12-1986 by L.L. No. 2-1986; 6-26-1992 by L.L. No. 5-1992; 8-16-1993 by L.L. No. 2-1993; 2-26-1996 by L.L. No. 2-1996; 7-26-1999 by L.L. No. 3-1999; 6-26-2000 by L.L. No. 10-2000; 2-3-2003 by L.L. No. 4-2003; 4-23-2007 by L.L. No. 1-2007; 3-3-2008 by L.L. No. 4-2008; 12-6-2010 by L.L. No. 11-2010; 10-7-2013 by L.L. No. 10-2014; 7-7-2014 by L.L. No. 15-2014; 1-5-2015 by L.L. No. 1-2015; 5-7-2018 by L.L. No. 1-2018; 9-17-2018 by L.L. No. 2-2018; 11-4-2019 by L.L. No. 22-2019]
In a Central Commercial C-1 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except as listed below, and all such uses will be subject to site plan approval in accordance with § 250-52 hereof.
A.
Permitted uses.
(1)
Banks, retail stores and accessory services, provided that the space so used is fully concealed and equal in area to no more than 30% of the square footage devoted to retail sales.
(2)
Personal service stores, such as but not limited to barbershops, beauty parlors and tailors. Personal service stores shall not be deemed to include tattoo parlors and massage parlors or enterprises similar thereto.
(3)
Business, professional and governmental offices and governmental functions and municipal purposes of a municipal corporation.
(4)
Churches and other religious institutions.
(5)
Off-street parking lots and parking garages. Such garages and parking lots, unless accessory to and on the same lot with a use otherwise permitted, shall be limited to use by passenger automobiles or commercial vehicles of not more than one-half-ton capacity.
(6)
Dry-cleaning establishments not exceeding 3,500 square feet gross.
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(1)
Theaters.
(2)
Franchised automotive and boat dealers, including the sale and servicing of new and used cars and boats, parts or supplies, accessory open-lot sales and the storage thereof.
(3)
Laundromats and self-service dry cleaning.
(4)
Hotels and motels.
(5)
Utility structures.
(6)
Newspaper printing, including incidental job printing.
(7)
Artisan manufacturing.
(a)
No patron seating permitted.
(b)
No consumption on premises permitted.
(c)
The use shall occupy an interior gross square footage of no more than 2,000 square feet.
(d)
No outside storage permitted.
(e)
Where the site abuts/adjoins a residential district, the building shall not have any service door openings or loading docks facing said district.
(f)
Such a use shall produce little to no environmental pollutants, such as, vibration, noise, fumes, radiation, glare, or heat that interfere with the enjoyment or use of property.
(g)
Such a use shall include a retail component where goods so produced are sold on premises.
(8)
Restaurant, standard.
(a)
No standard restaurant shall be permitted fronting on or accessed from East Main Street, abutting the residential zone. This prohibits restaurant, standard uses fronting on or accessed from East Main Street for all properties between and including Tax Map Number 12-3-12 and 8-3-1.3.
(b)
No restaurant shall occupy an interior space of less than 1,200 square feet.
(c)
Seating shall be based on existent fire and health codes and established parking requirements outlined in § 250-27D.
(d)
Refer to parking regulations based on square footage.
(9)
Restaurant, take-out, provided that:
(a)
No take-out restaurant establishment shall be permitted fronting on or accessed from East Main Street, abutting the residential zone. This prohibits takeout restaurant uses fronting on or accessed from East Main Street for all properties between and including Tax Map Number 12-3-12 and 8-3-1.3.
(b)
No take-out restaurant establishment conducts its business outside of a building or at a walkup or drive-up window or door.
(c)
No take-out restaurant establishment occupies an interior space of less than 800 square feet.
(d)
Seating shall be based on existent fire and health codes and shall not exceed seating for 16 customers.
(e)
All take-out restaurant establishments existing as of the date of enactment of this amendment shall be considered conforming uses. Should any particular take-out restaurant establishment use not open for business for a period of six months or more for any reason, its reestablishment shall require a reapplication in accordance with the requirements set forth herein.
(f)
Any presently existing take-out restaurant establishment which does not conform to the requirements of this chapter may continue to operate notwithstanding the requirements of this chapter; however, upon any change in the character of the existing take-out restaurant establishment, other than ownership, all requirements of this chapter must be met by the establishment. The character of the establishment shall be deemed to include but not be limited to change in size of store area and type of product sold, e.g., change from the sale of donuts to pizza.
(g)
No take-out restaurant establishment may sell alcoholic beverages for consumption on premises or permit consumption of alcoholic beverages on premises.
(10)
Pet shops and/or animal care facilities, new or expansion of existing. Conditions for approval shall include but not be limited to:
(a)
Acceptable credentials of the applicant.
(b)
Proper ventilation of the facility.
(c)
Proper fire alarm and protection systems.
(d)
Adequate sanitary facilities for animals.
(e)
Acceptable floor plan for placement of cages.
(f)
Adequate cages for animals, including feeders, waters, perches, etc.
(g)
Feeding, watering, cleaning (daily schedule).
(h)
Adequate heat.
(i)
Any other conditions that will add to the safety, health and well-being of the animals.
(j)
Incorporate by reference New York State General Business Law Article 35-B, Sale of Dogs and Cats.
(k)
Noise abatement.
(l)
Each cat or dog on the premises is presumed to be offered for sale by the owner of the pet shop and is required to have a certificate of health, issued within the previous 30 days and signed by a certified veterinarian. Such certificate(s) shall be available for inspection by any person(s) authorized by the Board of Trustees to make such inspection. Failure to produce such certificate will subject the owner/operator to penalties in § 250-47A to E herein.
(12)
Bar, tavern or nightclub as defined in § 250-9 of this chapter, provided that:
(a)
Any bar, tavern or nightclub existing as of the date of enactment of this amendment shall be considered conforming uses. Should any particular bar, tavern or nightclub use not open for business for a period of six months or more for any reason, its reestablishment shall require a reapplication in accordance with the requirements set forth herein.
(b)
No bar, tavern or nightclub is located within 250 feet of another bar, tavern or nightclub as measured from the property lines.
(c)
No bar, tavern or nightclub is located within 500 feet of any residential district measured from the property line of the involved parcel to the zoning district boundary line.
(d)
No bar, tavern or nightclub is located within 250 feet of any church, school, playground, park, hospital, nursing or proprietary rest home.
(e)
No bar, tavern or nightclub occupies an interior space of less than 1,200 square feet.
(f)
Occupancy shall be based on existent fire and health codes and parking limitations.
(13)
Brewery, cidery, distillery, or winery.
(a)
Where the site abuts/adjoins a residential district, the building shall not have any service door openings or loading docks facing said district.
(b)
No outside storage permitted.
(c)
Such a use shall produce little to no environmental pollutants, such as vibration, noise, fumes, or heat that interfere with the enjoyment or use of property.
(d)
Such a use shall include a retail component where goods so produced are sold on premises.
(e)
No brewery, cidery, distillery or winery shall be permitted fronting on or accessed from East Main Street, abutting the residential zone. This prohibits such uses fronting on or accessed from East Main Street for all properties between and including Tax Map Number 12-3-12 and 8-3-1.3.
(f)
All waste by-products generated during the brewing, distilling, cider or wine-making processes may not be stored or disposed of on site. All by-products, including but not limited to spent grain, hops, and pomace must be contained and disposed of offsite within 24 hours of generation.
(g)
A waste management plan, which accounts for the full stream of waste products generated from the manufacturing process, must be approved by the Planning Board.
C.
Accessory uses. Customary accessory uses, including off-street parking and loading facilities subject to § 250-27, and signs subject to § 250-31.
(1)
Manual or automatic operation of electronic, mechanical or computerized amusement devices by coins or tokens or for a fee of any nature shall be deemed an accessory use only. The number of such units shall be limited to two on/in any one premises and shall be subject to the licensing requirement of Chapter 85, Amusements and Entertainments, Article II, of the Village Code.
E.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered, provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
F.
Mixed occupancies and freestanding apartments.
[Amended 4-6-2020 by L.L. No. 8-2020]
(1)
The purpose of this subsection is to see to the upgrading through improvements, repairs and maintenance of buildings existing, as of the date of the adoption of this chapter, within the districts which are presently nonconforming as containing apartments in mixed occupancies and those existing buildings which at this time do not contain apartments.
(2)
Those commercial buildings within the district wherein there are now or were, at the time of adoption of the original Zoning Ordinances of the Incorporated Village of Port Jefferson, apartments, which apartments shall no longer be termed nonconforming, but shall be considered a conditional use subject to Planning Board approval.
(3)
All existing nonconforming apartments included in Subsection F(2) above shall file, within six months of the adoption of this chapter, for a conditional use hearing under § 250-51.1 of this chapter. The purpose of said hearing is to ensure compliance with Chapter 161, Housing, of the Village Code, and to eliminate as nonconforming all apartments in the district above the first grade level, first grade level being the highest grade at any point on the periphery of the building.
(4)
Any proposed new apartment shall be subject to a conditional use/site plan application before the Planning Board and shall satisfy the following conditions:
(a)
Parking for residences will be in an adjacent separate lot or in a reserved section of the parking area on-site; this reserved section must be adequately marked, landscaped and otherwise demarcated from commercial parking.
(b)
Any required parking shall be provided at no cost to residents of the new apartment.
(c)
Proposed freestanding apartment buildings must also comply with the following:
[1]
A lot on which any proposed freestanding apartment(s) is to be constructed shall have a minimum of 40,000 square feet.
[2]
Shall be constructed only on that portion of the district which does not front on Main Street or East Main Street.
[3]
Provide a minimum of a twenty-foot front yard landscaped buffer.
(d)
"New apartments" in this subsection shall not include renovated or converted space in an existing building where the proposed renovation or conversion does not increase the total square footage of the building.
(5)
Any proposed new apartments shall comply with the codes of the Incorporated Village of Port Jefferson as it applies to the Housing and Rehabilitation Code, Fire Code and Building Codes.
G.
All new retail use premises shall have a minimum of 800 square feet. Any proposed divisioning or partitioning to create an additional retail accessory use shall also have a minimum of 800 square feet for each premises.
H.
Formula fast food establishments are prohibited in the Central Commercial C-1 District.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-19 General Commercial C-2 District. [1]
[Amended 2-7-1979 by L.L. No. 1-1979; 3-10-1971 by L.L. No. 5-1979; 7-22-1981 by L.L. No. 4-1981; 9-26-1984 by L.L. No. 6-1984; 4-8-1987 by L.L. No. 4-1987; 4-11-1988 by L.L. No. 3-1988; 6-26-1992 by L.L. No. 5-1992; 6-26-2000 by L.L. No. 10-2000; 3-3-2008 by L.L. No. 4-2008; 12-6-2010 by L.L. No. 11-2010; 1-24-2011 by L.L. No. 2-2011; 1-5-2015 by L.L. No. 1-2015; 10-3-2016 by L.L. No. 8-2016; 2-4-2019 by L.L. No. 3-2019; 11-4-2019 by L.L. No. 23-2019]
In a General Commercial C-2 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected, altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except those listed below, and all such uses shall be subject to site plan approval in accordance with § 250-52 hereof.
A.
Permitted uses.
(1)
Banks, retail stores and accessory services, provided that the space so used is fully concealed and equal in area to no more than 30% of the square footage devoted to retail sales.
(2)
Personal service stores, such as but not limited to barbershops, beauty parlors and tailors. Personal service stores shall not be deemed to include tattoo parlors and massage parlors or enterprises similar thereto.
(3)
Governmental offices and governmental functions and municipal purposes of a municipal corporation. Business and professional offices, shall only be permitted as part of a mixed-use development under Subsection A(4) or as a conditional use if the structure does not have frontage on Main Street.
(4)
Churches and other religious institutions.
(5)
Dry-cleaning establishments not exceeding 3,500 square feet gross.
(6)
Theaters.
(7)
Laundromats and self-service dry cleaning.
(8)
Hotels and motels.
(9)
Artisan, manufacturing.
(a)
No patron seating permitted.
(b)
No consumption on premises permitted.
(c)
The use shall occupy an interior gross square footage of no more than 2,000 square feet.
(d)
No outside storage permitted.
(e)
Where the site abuts/adjoins a residential district, the building shall not have any service door openings or loading docks facing said district.
(f)
Such a use shall produce little to no environmental pollutants, such as, vibration, noise, fumes, radiation, glare, or heat that interfere with the enjoyment or use of property.
(g)
Such a use shall include a retail component where goods so produced are sold on premises.
(11)
Printing.
(12)
Service industry establishments, such as but not limited to plumbers, electricians and building contractors.
(13)
Mixed-use developments with a permitted use on the ground floor and a dwelling unit or a multiple dwelling on the above floor(s).
(14)
Day-care centers and preschools.
(15)
Artist live/work space, which shall mean any building or any portion thereof containing at least 750 square feet that is used by the occupant(s) therein for both residential use and for the creation, production, rehearsal or teaching of any visual art or craft, including but not limited to painting, drawing, graphic design, photography, video, film, sculpture, and pottery; or written works of fiction or nonfiction; or of any performing art, whether for live or recorded performance, including music, dance, and theater, and accessory sales of such art.
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(1)
Pet shops and/or animal care facilities, new or expansion of existing. Conditions for approval shall include but not be limited to:
(a)
Acceptable credentials of the applicant.
(b)
Proper ventilation of the facility.
(c)
Proper fire alarm and protection systems.
(d)
Adequate sanitary facilities for animals.
(e)
Acceptable floor plan for placement of cages.
(f)
Adequate cages for animals, including feeders, waters, perches, etc.
(g)
Feeding, watering, cleaning (daily schedule).
(h)
Adequate heat.
(i)
Any other conditions that will add to the safety, health and well-being of the animals.
(j)
Incorporate by reference New York State General Business Law Article 35-B, Sale of Dogs and Cats.
(k)
Noise abatement.
(l)
Each cat or dog on the premises is presumed to be offered for sale by the owner of the pet shop and is required to have a certificate of health, issued within the previous 30 days and signed by a certified veterinarian. Such certificate(s) shall be available for inspection by any person(s) authorized by the Board of Trustees to make such inspection. Failure to produce such certificate will subject the owner/operator to penalties in § 250-47A to E herein.
(2)
Off-street parking lots and parking garages. Such garages and parking lots, unless accessory to and on the same lot with a use otherwise permitted, shall be limited to use by passenger automobiles or commercial vehicles of not more than one-half-ton capacity.
(4)
Restaurant, take-out, provided that:
(a)
No take-out restaurant establishment conducts its business outside of a building or at a walkup or drive-up window or door.
(b)
No take-out restaurant establishment occupies an interior space of less than 800 square feet.
(c)
Seating shall be based on existent fire and health codes and shall not exceed seating for 16 customers.
(d)
All take-out restaurant establishments existing as of the date of enactment of this amendment shall be considered conforming uses. Should any particular take-out restaurant establishment use not open for business for a period of six months or more for any reason, its reestablishment shall require a reapplication in accordance with the requirements set forth herein.
(e)
Any presently existing take-out restaurant establishment which does not conform to the requirements of this chapter may continue to operate notwithstanding the requirements of this chapter; however, upon any change in the character of the existing take-out restaurant establishment, other than ownership, all requirements of this chapter must be met by the establishment. The character of the establishment shall be deemed to include but not be limited to change in size of store area and type of product sold, e.g., change from the sale of donuts to pizza.
(f)
No take-out restaurant establishment may sell alcoholic beverages for consumption on premises or permit consumption of alcoholic beverages on premises.
(5)
Bar, tavern or nightclub as defined in § 250-9 of this chapter, provided that:
(a)
Any bar, tavern or nightclub existing as of the date of enactment of this amendment shall be considered conforming uses. Should any particular bar, tavern or nightclub use not open for business for a period of six months or more for any reason, its reestablishment shall require a reapplication in accordance with the requirements set forth herein.
(b)
No bar, tavern or nightclub is located within 250 feet of another bar, tavern or nightclub as measured from the property lines.
(c)
No bar, tavern or nightclub is located within 500 feet of any residential district measured from the property line of the involved parcel to the zoning district boundary line.
(d)
No bar, tavern or nightclub is located within 250 feet of any church, school, playground, park, hospital, nursing or proprietary rest home.
(e)
No bar, tavern or nightclub occupies an interior space of less than 1,200 square feet.
(f)
Occupancy shall be based on existent fire and health codes and parking limitations.
(6)
Brewery, cidery, distillery, or winery.
(a)
Where the site abuts/adjoins a residential district, the building shall not have any service door openings or loading docks facing said district.
(b)
No outside storage permitted.
(c)
Such a use shall produce little to no environmental pollutants, such as vibration, noise, fumes, or heat that interfere with the enjoyment or use of property.
(d)
Such a use shall include a retail component where goods so produced are sold on premises.
(e)
All waste by-products generated during the brewing, distilling, cider or wine-making processes may not be stored or disposed of on site. All by-products, including but not limited to spent grain, hops, and pomace must be contained and disposed of off site within 24 hours of generation.
(f)
A waste management plan, which accounts for the full stream of waste products generated from the manufacturing process, must be approved by the Planning Board.
(7)
Multiple dwellings if, in the judgment of the Planning Board, the ground floor allows future conversion to a retail use. No ground/first-floor dwellings shall be permitted on Main Street nor on North Country Road. Factors to be considered by the Planning Board include, but are not limited to, the following:
C.
Prohibited uses.
(1)
The overnight boarding of animals.
(2)
Formula fast-food establishments are prohibited in the General Commercial C-2 District.
(3)
Utility structures.
(4)
Franchised automotive and boat dealers, including the sale and servicing of new and used cars and boats, parts or supplies, accessory open-lot sales and the storage thereof.
D.
Accessory uses. Customary accessory uses, including off-street parking and loading facilities, and those uses as permitted and regulated in the Central Commercial C-1 District, § 250-18C.
(1)
Manual or automatic operation of electronic, mechanical or computerized amusement devices by coins or tokens or for fee of any nature is an accessory use only. The number of such units is limited to two on/in any one premises and is subject to the licensing requirement of Chapter 85, Amusements and Entertainment, Article II, of the Village Code.
E.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
F.
Additional regulations for buildings on Main Street. Any building with an address on Main Street within the C-2 District shall comply with the following requirements:
(1)
Facade modulation. Building facades visible from public streets shall be stepped back or projected forward at intervals. When no modulation is provided on front or side facades visible from public streets, building width shall be limited to 40 feet.
(2)
Entries. Building entries facing Main Street shall be recessed at least three feet from the street line.
(3)
Fenestration. At least 60% of the surface area of a building's groundfloor facade shall be fenestrated. On any story above the groundfloor, at least 30% of the surface area of the building's facade must be fenestrated.
G.
Additional regulations for lots within the C-2 District:
(1)
Any proposed development with a lot larger than 20,000 square feet or 75 linear feet on Main Street frontage in the C-2 District may add a fourth story or a floor that increases the total building height to a maximum of 45 feet if there is a twelve-foot setback from the street wall at the fourth story and if a major public amenity is provided. Smaller lot developments may purchase this bonus for a price to be set by resolution of the Board of Trustees and to be based on the number of dwelling units on the fourth floor or story, or the square feet of floor area on the fourth floor or story. Said fees shall be deposited in a fund used to create municipal parking in or adjacent to the district.
I.
All new retail use premises shall have a minimum of 800 square feet. Any proposed subdivision to create a retail or accessory use shall also have a minimum of 800 square feet for each premises.
J.
Overlay districts.
(1)
Purpose. In accordance with the recommendations set forth in the Village of Port Jefferson 2030 Comprehensive Plan Update, including Appendix Q, Upper Port Jefferson Revitalization Planning and Urban Design Study, the Board of Trustees hereby establishes two overlay districts within the C-2 Zoning District. The C-2R Residential Overlay District will permit and encourage mixed-use developments and medium-density residential neighborhoods outside of Main Street. The C-2PO Professional Office Overlay District along Oakland Avenue will tie the eastern side of the C-2 District to the hospitals and the office uses on the eastern side of Oakland Avenue. The boundaries of the C-2R and C-2PO Overlay Districts are set forth in the map included as an attachment to this chapter.
(2)
The regulations for the C-2R and C-2PO overlay districts are set forth in the Bulk and Parking Regulations for Structures in the C-2 Overlay Districts, included as an attachment to this chapter. These regulations shall supplement any corresponding requirement in this section or in the bulk and parking regulations for nonresidential structures. All other requirements for the General Commercial C-2 District shall remain applicable.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-20 Waterfront - Public Utility W-P Districts. [1]
[Amended 1-2-1976 by L.L. No. 1-1976; 12-6-2010 by L.L. No. 11-2010; 11-4-2019 by L.L. No. 24-2019]
In a Waterfront - Public Utility W-P District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any use except those listed below, and all such uses shall be subject to site plan approval, in accordance with § 250-52 hereof.
B.
The following activities are specifically prohibited:
(1)
Abattoirs.
(2)
Acid manufacture.
(3)
Asphalt manufacture and refining.
(4)
Bay cleaning.
(5)
Burlap manufacture.
(6)
Candle and celluloid manufacture.
(7)
Cement, lime, gypsum and plaster manufacture, processing and transport.
(8)
Chemical works and manufacture.
(9)
Coal-tar products manufacture and processing.
(10)
Crematory.
(11)
Creosote manufacture and processing.
(12)
Detergent and soap manufacture.
(13)
Disinfectant manufacture.
(14)
Distillation of bone, coal or wood.
(15)
Dyestuff manufacture.
(16)
Explosive manufacture, storage and transport
(17)
Garbage incinerator.
(18)
Extermination and insect poisons manufacture.
(19)
Fat rendering.
(20)
Fertilizer manufacture.
(21)
Glue, size or gelatin manufacture.
(22)
Junkyards.
(23)
Oil reduction.
(24)
Paint, oil, shellac, turpentine or varnish manufacture.
(25)
Fish smoking and curing.
(26)
Gas manufacture.
(27)
Petroleum refining.
(28)
Stockyards.
(29)
Stone crushers, screening plants and concrete-pavement mixing plants.
(30)
Tar distillation or treatment.
(31)
Any other operation or activity not listed above which is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, soot, gas, fumes, glare or radiation or which presents a hazard to public health or safety is also prohibited.
D.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
[1]
Editor's Note: See also the Bulk and parking Regulations included as an attachment to this chapter.
§ 250-21 Light Industrial I-2 District. [1]
[Amended 10-9-1974 by L.L. No. 3-1974; 1-2-1976 by L.L. No. 1-1976; 3-22-1999 by L.L. No. 1-1999; 12-6-2010 by L.L. No. 11-2010; 10-7-2013 by L.L. No. 10-2014; 10-5-2015 by L.L. No. 5-2015; 6-6-2016 by L.L. No. 5-2016; 11-4-2019 by L.L. No. 25-2019]
In a Light Industrial I-2 District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except those listed below, and all such uses shall be subject to site plan approval in accordance with § 250-52 hereof.
A.
Permitted uses.
(1)
Permitted uses shall be as follows:
(a)
Light manufacturing, assembling, converting, altering, finishing, cleaning, packaging or other processing and incidental storage of products and materials.
(b)
Transportation facilities for the loading and unloading of materials by rail and motor vehicles.
(c)
Heavy commercial uses, including wholesaling and warehousing, and building supply sales.
(d)
Research laboratories.
(e)
Utility and public transportation facilities.
(2)
All permitted uses require as a condition of approval one off-street parking space per each 300 square feet of floor space.
B.
Conditional uses. The following conditional uses may be permitted upon approval by the Planning Board in accordance with § 250-51 hereof and upon site plan approval by the Planning Board in accordance with § 250-52 hereof:
(1)
Commercial open-air parking lots which are open to the public for parking purpose and for which a fee or charge may be collected.
C.
Prohibited uses. All specifically prohibited uses of the Waterfront — Public Utility W-P District itemized in § 250-20B and any trade, industry, process or use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in a manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates or which involves any dangerous fire, explosive, radioactive or other hazard or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare.
E.
Buildings constructed of unprotected metal.
(1)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered provided such buildings comply with all relevant requirements of this chapter.
(2)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(3)
This section shall not apply to accessory buildings or uses permitted in the district so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
F.
Adult establishments, electronic cigarette retailers, hookah parlors, hookah retailers, registered organizations and tattoo parlors.
(1)
Adult establishments, electronic cigarette retailers, hookah parlors, hookah retailers, tattoo parlors, and registered organizations as defined under Section 3364 of the New York Public Health Law shall only be permitted within the boundaries of the Light Industrial I-2 District and only after the following requirements are met:
(a)
All lot lines must be 800 feet or more from any lot line of property on which any of the following zones or uses has been established by permit or otherwise recognized as a legally established zone or use: community center; child-care center; school, elementary or secondary; public park; churches, places of worship, parish houses, convents, and accessory building of a religious nature.
(b)
Site improvements. In addition to the requirements for site plan approval, as set forth in this chapter, the following site improvements shall be set forth on a site plan submitted to the Board of Trustees as part of the application for a special use permit, and such site improvements shall at all times be maintained:
[1]
A brick, stone or architectural stone wall or split-cedar stockade-type fence six feet in height shall be required along each property line, together with such screening as may be deemed necessary by the Board of Trustees.
[2]
The plot shall be provided with curbs, and there shall be no more than one curb cut on any road frontage.
[3]
Planting strips containing evergreen shrubs or hedges shall be installed on each lot line.
[4]
No flashing, intermittent or revolving signs or flags, pennants and banners shall be permitted, and no sign shall be erected without prior approval of the dimensions and lettering of said sign by the Board of Trustees. No signs shall contain any material other than block lettering, which shall have been so approved.
(2)
Application procedure. Development approval of any proposed adult establishment, electronic cigarette retailer, hookah parlor, hookah retailer, tattoo parlor, or registered organization (or the extension or expansion thereof) shall first require a special use permit issued by the Board of Trustees. After issuance of a special use permit, approval by the Planning Board of a final detailed site development plan, and a subdivision plat, if applicable, shall be required.
[1]
Editor's Note: See also the Bulk and Parking Regulations included as an attachment to this chapter.
§ 250-22 Marina-Waterfront Districts (MW-1, MW-2 and MW-3).
[Amended 1-2-1976 by L.L. 1-1976; 12-7-1977 by L.L. No. 19-1977; 7-22-1981 by L.L. No. 4-1981; 2-8-1984 by L.L. No. 1-1984; 5-9-1984 by L.L. No. 4-1984; 12-15-1991 by L.L. No. 2-1991; 4-22-1996 by L.L. No. 6-1996; 3-22-1999 by L.L. No. 1-1999; 6-26-2000 by L.L. No. 10-2000; 11-1-2010 by L.L. No. 9-2010; 12-6-2010 by L.L. No. 11-2010; 12-21-2015 by L.L. No. 7-2015; 12-21-2015 by L.L. No. 8-2015; 8-7-2017 by L.L. No. 4-2017; 11-4-2019 by L.L. No. 26-2019]
In a Marina-Waterfront District, no building or premises shall be used or maintained and no building or premises or part thereof shall be erected or altered or maintained which is arranged, used, intended or designed to be used, in whole or in part, for any uses except as listed below, and all such uses shall be subject to site plan approval in accordance with §§ 250-51.1 and 250-52 hereof.
A.
Performance standards. All uses in the Marina-Waterfront Districts shall meet the following performance standards:
(1)
The maximum height of any building shall be 30 feet. The height shall be measured to the highest point of the structure, storage pile, etc., and shall include any structure elevation requirements established by FEMA on the Floor Insurance Rate Map. The total height shall be measured from that point on the site, adjacent to the road, that is recorded as the lowest elevation point along the site/road boundary.
(2)
Use must not adversely affect any existing waterfront use which is water-related or any potential water-related uses to be made of the lot or of nearby waterfront uses or property.
(3)
Use must not usurp any land surface area needed for water-related use and must, together with any other uses on the lot, accessory or otherwise, be able to demonstrate an integrated and adequate motor vehicle circulation plan accommodating all modes of vehicle transportation as well as pedestrians and bicycles.
(4)
Use should have a maritime character or maritime-related theme.
(5)
The site shall be of appropriate size to accommodate the proposed use with safeguards set forth to accommodate adequate buffering and screening from sensitive uses such as residential dwellings in accordance with §§ 250-17C(4) and 250-27D(4). Furthermore, all provisions of state and local ordinances must be complied with.
(6)
Public access to the waterfront shall be encouraged and link to the Village/Town continuous promenade where safety permits. The Planning Board, during the approval process, shall encourage public access easements to the waterfront where possible.
(7)
Buildings shall be arranged to minimize obstruction of the viewshed.
(8)
Buildings constructed of unprotected metal.
(a)
Within this district, no buildings constructed of unprotected metal construction shall be erected subsequent to the date of this provision. Buildings constructed of unprotected metal existing as of the effective date of this provision may be reconstructed, restored, and/or structurally altered, provided such buildings comply with all relevant requirements of this chapter.
(b)
For the purpose of this section, a building constructed of unprotected metal construction is one in which the exterior facing (exposed to the weather) is unprotected metal. Metal shall be deemed to be unprotected if not covered by shingle, stucco, siding, wood, brick, masonry and/or other material determined to be acceptable for that building by the Planning Board, Building Inspector and/or Architectural Review Committee. Notwithstanding the foregoing, standing seam metal roofs shall not come within the definition of unprotected metal construction.
(c)
This section shall not apply to accessory buildings or uses permitted in the district, so long as the structure involved does not exceed a size of six feet by eight feet or 48 square feet in the case of a metal structure, or eight feet by 10 feet or 80 square feet in the case of a wooden structure.
(9)
Restrictions. Premises shall be encumbered by appropriate operational restrictions to adequately protect nearby residences (i.e., shielded lighting, garbage pickup, outdoor speaker systems, building alarms, trash compaction, etc.).
(b)
Storage material (such as but not limited to sand, gravel, pallets, storage containers, racks, and stone products) or structures for handling materials shall not exceed a height of 20 feet nor cover more than 30% with a combination of the building and storage piles of the area of the lot. The height shall be measured to the highest point of the structure, storage pile, etc., and shall include any structure elevation requirements established by FEMA on the Flood Insurance Rate Map. The total height shall be measured from that point on the site, adjacent to the road, that is recorded as the lowest elevation point along the site/road boundary.
(c)
Provisions shall be made for off-street parking of all trucks delivering or awaiting shipment of materials/products. This shall include provisions for on-site truck turnaround so as to prevent backing of trucks onto the street.
C.
Conditional uses, MW-1 District.
(1)
Recreational marinas.
(2)
Recreational boat-launching facilities.
(3)
Boat storage with or without repair facilities, provided that no boats are stored out of doors on racks exceeding 22 feet in height. All racks shall have a fifteen-foot setback from the property lines.
(4)
Open charter recreational fishing boat operations.
(5)
Yacht clubs.
(6)
Restaurants, limited to no more than 2,000 square feet of gross floor area, provided:
(7)
Marine rescue towing and environmental response, and educational research vessels.
(8)
Single-family detached dwellings.
(9)
Recreational boat sales.
(10)
Business offices which handle matters principally related to maritime services, including storage, purchasing, leasing and sales of maritime insurance, boats and related marine equipment, including maritime architecture.
(11)
Art studio/gallery.
(12)
Rental of watercraft and outboard engines, inclusive of the sale of bait and tackle, and the storage and maintenance of rental watercraft.
(13)
Petroleum products and biofuel marine terminal in connection with pipeline facilities.[1]
[1]
Editor's Note: The addition of the petroleum products and biofuel marine terminal conditional use was the result of the settlement of litigation between the Village of Port Jefferson and Northville Industries Corp. over the Northville Terminal.
D.
Accessory uses, provided that such accessory uses have a gross floor area that does not exceed 25% of the gross floor area of the building and/or buildings used as the primary water-dependent use or uses and/or another accessory use:
(1)
Sale, refitting, fitting-out, refueling, maintenance or repair of recreational boats, boating equipment, and boating provisions.
(2)
Retail sales: retail shops selling marine-related items, including antiques, gifts and arts and crafts.
(3)
Accessory uses must be by the same entity/owner as the primary use.
E.
Permitted uses, MW-2 District.
F.
Conditional uses, MW-2 District:
(1)
Instructional facilities for maritime-related activities. Such facilities shall not exceed 2,000 square feet of gross floor area.
(2)
Restaurants, limited to no more than 2,000 square feet of gross floor area, provided:
(3)
Retail sales. Retail shops selling marine-related items, such as, but not limited to, recreational boats, recreational boating equipment, fishing equipment and boating provisions, and retail shops selling antiques, gifts and arts and crafts.
(4)
Museums and visitors center.
(5)
Motel/hotel.
G.
Accessory uses. For the conditional use of motel/hotel customary accessory uses, such as indoor and outdoor recreational facilities, health club and hotel support services, including, but not limited to, meeting rooms, media rooms, beauty salon, laundry service, gift shop, snack bar, conference center, restaurant and lounge, and catering services, provided that such accessory uses are primarily designed for motel/hotel and marina guests/users.
I.
Parking requirements.
Use | Spaces | |
|---|---|---|
Marinas | Transient: 1 per 3 slips; Nontransient: 1 1/2 per slip | |
Municipally owned facility | 1 per 300 square feet | |
Boat launching facility | 25 spaces | |
Charter and fishing boats and recreational research vessels | 1 per 4 passengers based on maximum capacity of vessel | |
Yacht clubs | 1 1/2 per slip and/or mooring plus 1 per 200 square feet of club space | |
Restaurant | 1 per 100 square feet (minimum 10) | |
Service, repairs, storage | 1 per 200 square feet (minimum 8) | |
Public building (visitor center maritime museum) | 1 per 200 square feet of floor area, but not less than 5 seats where provided | |
Marine rescue towing and environmental response | 5 spaces | |
Watercraft/outboard rental facility | 5 spaces | |
Retail sales | 1 per 100 square feet (minimum 8) | |
Single-family dwelling | 2 spaces | |
Maritime office | 1 space per 300 square feet | |
Ferry | 1 space per 3 persons of ferry passenger capacity | |
Motel/hotel | Not less than 1 parking space per motel/hotel unit |
§ 250-22.1 Permit required for certain events in Harborfront Park.
[Added 10-21-2002 by L.L. No. 10-2002]
Groups of 15 or more persons must obtain a permit to hold a picnic or party or event at the Tot Lot in the Harborfront Park situated to the rear of the Chandlery Building. The applicant must be an adult (18 years of age or older) and must file an application for use of said Village facility with the Recreation Department, which shall submit the same to the Board of Trustees. If approved by the Board of Trustees, the permit shall issue, subject to the conditions specified therein. Violation of said conditions shall be cause for immediate revocation of said permit.
§ 250-22.2 Arts District.
[Added 2-3-2003 by L.L. No. 4-2003]
A.
Location; overlay zone.
(1)
The Arts District shall be bordered on the north by the intersection of East Main Street and Main Street, extending in a southerly direction on both sides of Main Street to its intersection with Myrtle Avenue and shall consist of lots existing within that area that front on Main Street.
(2)
The Arts District as described above shall be an overlay zone, comprising as it does certain properties situated in the RO and C-1 Districts. In addition to the uses set forth in § 250-16 with respect to buildings and premises within the RO District and § 250-18 with respect to buildings and premises within the C-1 District, cultural centers, galleries and studios for artists as defined below shall be conditional uses subject to the approval of the Planning Board and procedures as set forth in § 250-51 of this chapter.
B. ARTISTS CULTURAL CENTER, GALLERY and STUDIO
Definitions. As used in this section, the following terms shall have the meanings indicated:
Persons working in all art forms and mediums, including, but not limited to, painters, sculptors, authors, screenwriters, playwrights, filmmakers, dancers, potters, weavers, jewelers, exhibitors, printers, costumers, musicians and photographers.
Indoor and outdoor exhibition space, work space, meeting space, lecture halls, performance space and sculpture parks.