Quogue City Zoning Code

Any building, structure, lot or land in any of the said districts shall only be utilized in conformance with the Table of Dimensional Regulations attached hereto and made a part hereof.[2]

One one-family dwelling.

Church or similar place of worship (except in Residence A-1 and A-2 Districts), as a special exception use, when authorized by the Board of Trustees.

School, nonprofit, elementary or high, public (except in Residence A-1 and A-2 Districts), as a special exception use, when authorized by the Board of Trustees.

Park, playground, recreational area or a use accessory thereto on the same or a separate lot, when authorized or operated by the Village, as a special exception use, when authorized by the Board of Trustees.

Public library, fire station, municipal office or any governmental building of similar character when authorized or operated by the Village, as a special exception use, when authorized by the Board of Trustees.

One private garage accessory to a permitted use, subject to the following provisions:

Cemetery, as a special exception use, when authorized by the Board of Trustees.

Toolhouse or storage shed, not exceeding 225 square feet in floor area. A toolhouse or storage shed shall not have any contiguous roofed area, shall not be connected to any other structure, and shall not contain any living quarters.

Greenhouse, not exceeding 240 square feet in floor area. A greenhouse shall not have any contiguous roofed area, shall not be connected to any other structure, and shall not contain any living quarters.

Private swimming pool.

Private one-story pool house, not exceeding 250 square feet in floor area in all residence districts other than the A- 8 Residence District and not exceeding 500 square feet in floor area in the A-8 Residence District. A pool house shall not exceed 16 feet in height (except as set forth below) and shall not contain more than one room other than a bathroom. A pool house shall not have heat, air conditioning, cooking or sleeping facilities. A pool house may have a contiguous roofed or covered area open on at least three sides having a ground area not exceeding the maximum permitted floor area of the pool house. In the case of a single-family dwelling that is required to be elevated pursuant to Chapter 95, the Zoning Administrator is authorized to grant height relief up to two feet to an accessory pool house.

Private tennis court, pickleball court and/or paddle tennis court.

Private boat house, without living quarters upon a lot bounded by a body of water, which may be located less than 50 feet from the body of water upon authorization by the Board of Appeals and subject to such conditions as said Board may impose to protect the character of the area.

Flagpole.

Gazebo, provided that the same is not enclosed with walls, and provided that the same does not exceed 500 square feet in floor area in the A-8 Residence District or 250 square feet in floor area in all other residence districts.

Trellis, arbor or pergola covering a ground area that does not exceed 1,000 square feet.

Private boat slip or dock extending from a lot bounded by a body of water, provided that a permit for such boat slip or dock is obtained from the Board of Trustees pursuant to Chapter 77, Bulkheads and Docks; the Board of Trustees may authorize a walkway providing access to such boat slip or dock, subject to such conditions as said Board may impose to protect the character of the area, and in such event, the setback requirement from a body of water shall not apply to such authorized walkway. A boat lift and all associated apparatus constitute structures and are prohibited accessory structures.

A single basketball hoop with a backstop, subject to the following provisions:

Unroofed decks, patios, terraces, walkways and steps with associated railings and walls that comply with § 196-13F.

Outdoor fireplaces, kitchens and barbecues and associated chimneys not exceeding 10 feet in height.

Outdoor private bocce court or outdoor private sport court having a playing surface that does not exceed 1,500 square feet. Such courts shall be no higher than one foot above the surrounding grade.

Children's play equipment, including but not limited to a swing set, a jungle gym and a tree house. A tree house shall not exceed eight feet in length or width or six feet in height, and other play equipment shall not exceed 16 feet in length or width or 12 feet in height.

Residential grade generators for the furnishing of emergency power, pool equipment, HVAC equipment, solar panels, fuel tanks and other reasonably necessary mechanical equipment.

Artificial ponds and associated equipment, provided that they are located in such a manner that equipment is not audible beyond any property line.

Other accessory uses and structures which the Board of Appeals, in a particular case, shall find to be of the same general character as those listed above and which are customarily incidental to a residential use, subject to such conditions and safeguards as the Board of Appeals shall impose in order to maintain the stability and character of the neighborhood and to protect the public health, safety and welfare. Only one of each of the accessory uses and structures enumerated above shall be permitted on any lot, except for those uses and structures referred to in Subsection B(12), (15) and (16).

The minimum distance from the toe of dune requirement set forth in the Table of Dimensional Regulations[2] shall not apply to such elevated walkway.

The minimum setback requirement from side lot lines applicable to such elevated walkway shall be 50 feet, except as hereinafter provided. Where a lot has insufficient width to locate such walkway 50 feet from each side lot line, such walkway may be located less than 50 feet from each side lot line, provided that such walkway is located midway between the side lot lines so as to provide the maximum feasible setback from each side lot line.

Such elevated walkway shall be constructed in a manner designed to minimize adverse impact on the dunes and to minimize adverse visual impact. In order to minimize such impacts, the Board of Trustees may from time to time by resolution establish and amend written design specifications applicable to such elevated walkway.

For the purposes of these provisions, "clearing" is defined as the removal of any portion of the natural vegetation found on a site, exclusive of any vegetation associated with active agricultural or horticultural activity or formalized landscape and turf areas.

Clearance of natural vegetation shall not exceed the percentages of the total area of the site as set forth in Figure 5-1 of the Comprehensive Land Use Plan adopted pursuant to § 57-0121 of the State Environmental Conservation Law; the applicable standards are contained in Volume I, Chapter 5, of said Plan under § 5.3.3.6.1 thereof.

The calculation of the amount of site clearance shall include site areas proposed to be cleared and site areas previously cleared.

Development plans shall delineate the site areas with existing natural vegetation and the limits of the proposed clearance. Development plans shall contain calculations with respect to site areas previously cleared and site areas proposed to be cleared.

Where applicable, development design shall support preservation of natural vegetation in large unbroken blocks that allow contiguous open spaces to be established when adjacent sites are developed. Where applicable, development design shall be configured in such a way as to prioritize the preservation of native pine barrens vegetation.

No more than 15% of an entire development project site shall be established in fertilizer-dependent vegetation including formalized turf areas. Generally, nonnative species require fertilization; therefore, planting of such nonnative species shall be limited to the maximum extent practicable.

The portion of the Village now situate in the Residence A-9 District located north of the LIRR is situate in the compatible growth area defined in Subsection 12 of § 57-0107 of the State Environmental Conservation Law. The purpose of the foregoing provisions is to incorporate in the Village Zoning Code applicable land use standards contained in the Central Pine Barrens Comprehensive Land Use Plan adopted pursuant to § 57-0121 of the State Environmental Conservation Law; the applicable standards are contained in Volume I, Chapter 5, of said Plan.

Any dwelling lawfully existing on the date this chapter is adopted and a one-family residence use as permitted in the Residence A-5 District, subject to the same area and dimensional requirements as in the Residence A-5 District.

Park, playground or recreational area when authorized or operated by the Village, as a special exception use, when authorized by the Board of Trustees.

Office, business or professional.

Personal service shop, barbershop, beauty parlor, dry cleaning or laundry service employing not more than five persons, professional studio, travel agency or similar shop.

Shop for custom work and for making articles to be sold at retail on the premises.

Retail store or shop, except as otherwise hereinafter provided.

Retail food store or other food dispensing establishment (except that a restaurant is prohibited) as a special exception use, only when authorized by the Board of Trustees.

One-family detached dwellings on a parcel of land containing a building of historic significance to the Village, as a special exception use, when authorized by the Board of Trustees, subject to the following provisions:

The uses permitted in the B-1 District, except that retail food stores and other food dispensing establishments are prohibited.

Automobile dealer, but the sale of used cars is permitted only as an adjunct to the sale of new cars.

Automobile repair garage.

Gasoline service station.

A home professional office accessory use within a one-family dwelling or a home occupation accessory use within a one-family dwelling, as a special exception use, when authorized by the Planning Board, provided that the Planning Board determines that the proposed accessory use on the particular parcel for which proposed will not produce an undesirable change in the character of the neighborhood, and subject to the following provisions:

Before a building permit is issued or a use commenced or changed on a lot in the Business B-1 and Business B-2 Districts, a site plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, which shall review and approve the same or approve with modifications or disapprove the same.

The site plan shall show and include the following elements:

No building permit shall be issued and no commencement or change of use shall be permitted unless and until a site plan shall have been approved by the Planning Board.

The minimum required transitional side and rear yards shall be 25 feet. No building or structure shall be located within such transitional yards, and no off-street parking area shall be located within such transitional yards.

The minimum required landscape screening within such transitional side and rear yards, to be installed and maintained by the nonresidential property owner along the side and rear property lines, shall be determined by the Planning Board incident to site plan review and approval. The Planning Board shall require suitable landscape screening to assure orderly and compatible relationships, unless the Planning Board determines that the same screening effect is accomplished by the natural terrain or foliage.

Park, playground or recreational area when authorized or operated by the municipality, as a special exception use, when authorized by the Board of Trustees, subject to such conditions as may be imposed by the municipality to prevent adverse effects upon nearby properties.

Cemetery.

Municipal facility.

Greenhouse, plant nursery.

Telephone exchange, communication facility, provided that no communication tower or other facility shall exceed 32 feet in height.

Wholesale and retail lumberyard or other building outlet.

Nonnuisance industry, as a special exception use when authorized by the Board of Trustees.

Research institute or laboratory.

Storage yard. (Any outdoor storage must be screened and enclosed by a fence or wall six feet in height.)

Office and shop for plumber, electrician, home improvement contractor (no outdoor storage).

Warehouse for indoor storage.

Office building, business or professional or mixed.

Office and facilities for veterinarian as a special exception use when authorized by the Board of Trustees.

Indoor recreation uses without fixed seating or designated public spectator areas as a special exception use when authorized by the Board of Trustees.

Solar energy system, large scale, as a special exception use when authorized by the Board of Trustees.

Battery energy storage systems having an aggregate energy capacity less than or equal to 600 kWh, as a special exception use when authorized by the Board of Trustees. Battery energy storage systems having an aggregate energy capacity exceeding 600 kWh are prohibited.

In the case of a use listed as a special exception use under § 196-15A, the Board of Trustees shall consider and determine whether such use is detrimental to the environment as aforesaid, incident to special exception use review.

In the case of a use listed as a permitted use under § 196-15A, the Planning Board shall consider and determine whether such use is detrimental to the environment as aforesaid, incident to site plan review.

The above provisions shall be applicable to any use or change of use of a building, structure, lot or part thereof.

Before a building permit is issued or a use commenced or changed on a lot in the Light Industry LI-1 and LI-2 Districts, a site plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, which shall review and approve the same or approve with modifications or disapprove the same.

The site plan shall show and include the following elements:

No building permit shall be issued and no commencement or change of use shall be permitted unless and until a site plan shall have been approved by the Planning Board.

"Mini storage facility" shall mean a building containing storage cells or units without heat or ventilation designed and used for passive storage. "Passive storage" shall mean inactive storage of furniture or materials not needed for immediate or frequent use.

A mini storage facility shall not be used for the conduct of a business (such as assembly, manufacturing, repair, etc.), except that a mini storage facility may contain an office for the use of the owner of the facility.

A mini storage facility shall not contain an office for use in connection with the business of an enterprise or tenant using a storage cell or unit for passive storage. The business of any such enterprise or tenant shall not be conducted from such facility.

For the purposes of these provisions, "clearing" is defined as the removal of any portion of the natural vegetation found on a site, exclusive of any vegetation associated with active agricultural or horticultural activity or formalized landscape and turf areas.

Clearance of natural vegetation shall not exceed 60% of the total area of the site.

The calculation of the amount of site clearance shall include site areas proposed to be cleared and site areas previously cleared. The site areas proposed to be cleared combined with the site areas previously cleared shall not exceed 60% of the total area of the site.

Development plans shall delineate the site areas with existing natural vegetation and the limits of the proposed clearance. Development plans shall contain calculations with respect to site areas previously cleared and site areas proposed to be cleared.

Where applicable, development design shall support preservation of natural vegetation in large unbroken blocks that allow contiguous open spaces to be established when adjacent sites are developed. Where applicable, development design shall be configured in such a way as to prioritize the preservation of native pine barrens vegetation.

No more than 15% of an entire development project site shall be established in fertilizer-dependent vegetation including formalized turf areas. Generally, nonnative species require fertilization; therefore, planting of such nonnative species shall be limited to the maximum extent practicable.

The portion of the Village now situate in the Light Industry LI-1 and LI-2 Districts is situate in the compatible growth area defined in Subsection 12 of § 57-0107 of the State Environmental Conservation Law. The purpose of the foregoing provisions is to incorporate in the Village Zoning Code applicable land use standards contained in the Central Pine Barrens Comprehensive Land Use Plan adopted pursuant to § 57-0121 of the State Environmental Conservation Law; the applicable standards are contained in Volume I, Chapter 5, of said Plan.

In the event that any portion of the Light Industry LI-1 and/or LI-2 Districts is hereafter rezoned so as to be placed in another zoning district under the Village Zoning Code, notwithstanding such rezoning, all of the foregoing provisions shall continue to be applicable to the rezoned site or sites, except as otherwise hereinafter provided. If the rezoned site or sites are placed in a residential district under the Village Zoning Code, the 60% figure set forth in Subsection I(2) and (3) above shall be deemed to be modified so as to incorporate the applicable percentage figure contained in the clearance standard table (Figure 5-1) under § 5.3.3.6 of said Central Pine Barrens Comprehensive Land Use Plan; as so modified, all of the foregoing provisions shall continue to be applicable to the rezoned site or sites.

There is a workforce housing crisis on the east end of Long Island, and many young persons and families are unable to remain in their communities because of the lack of suitable housing. The Board of Trustees of the Village of Quogue recognizes the dire need to provide suitable housing to its workforce residents and is establishing this Workforce Housing District (WHD) to encourage the private sector to develop such housing to serve the needs of its workforce residents.

It is the specific purpose and intent of the WHD to allow for the development of moderate-density housing on sites within the Village that would not otherwise yield suitable workforce housing.

To facilitate the provision of workforce housing, with due regard for existing neighborhood character and the environment, the WHD shall be established on a floating zone basis, subject to approval by the Board of Trustees in each case and in accordance with an approved preliminary development concept plan, as described and defined herein.

Approval of a preliminary development concept plan and the reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Board of Trustees.

Approval of a final detailed site plan, and a subdivision plat if applicable, by the Planning Board.

The names and addresses of the property owner, the applicant (if other than the owner), and the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.

Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application.

A written statement describing the nature of the proposed project, how it is designed to serve the purpose of this section, the site's relationship to immediately adjoining properties and the surrounding neighborhood, the availability and adequacy of community facilities and utilities to serve the site, and the safety and capacity of the street system in the area of the site in relation to the anticipated traffic generation from the site.

A written statement of the proposed method of ownership and maintenance of all common utilities, facilities and open space lands within the proposed development.

A written statement of the method that will be used to ensure compliance with the workforce restrictions and eligibility requirements of this section.

A preliminary development concept plan for the proposed project, drawn to a convenient scale, and including the following:

The application fee. The amount of such fee shall be such amount as may be established from time to time by resolution of the Board of Trustees.

An environmental assessment form as required by the State Environmental Quality Review Act (SEQRA) and its implementing regulations.

Such other information as may be determined necessary by the Board of Trustees in order to properly enable it to review and decide upon the application.

If an application for zoning approval is entertained, the Board of Trustees shall schedule and hold a public hearing on the application with the same notice and procedural requirements as prescribed by law for zoning amendments.

If an application for zoning approval is entertained, the requirements of SEQRA and its implementing regulations shall also be applicable.

The Board of Trustees may determine at any time (to wit, with or without a public hearing, with or without any review pursuant to SEQRA) that an application for zoning approval will not be entertained.

Location. A WHD may be established in any existing residence, business or industrial district, except the Residence A-1, A-2, A-3 and A-8 Districts.

Minimum site size. The minimum land area required for the establishment of a WHD shall be 160,000 square feet, but, in any case, the site shall be of such shape, dimension, topography, and location as will allow for an appropriate and attractive development.

Ownership. A proposed WHD site may be owned by one or more persons or entities, but shall be presented as a single parcel of land in any application made pursuant to this section. Such application shall be jointly filed by all owners and, if approved, shall be binding upon all of them.

Density. The permitted density within a WHD shall be no greater than one dwelling unit per 10,000 square feet of land area.

Workforce housing units.

Eligibility. Initial and continued priority for the sale or occupancy (rent) of units for workforce occupants shall be in the following order of priority:

The Board of Trustees may approve or approve with modifications the preliminary development concept plan and approve the establishment of the WHD by local law granting a zoning change so as to locate or place the subject property in the WHD. Approval of the preliminary development concept plan or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the subsequent procedures and requirements of this section. A copy of the local law shall be forwarded to the Planning Board and to the applicant.

The Board of Trustees may require, incident to granting such a zoning change, that the applicant submit a declaration (to be recorded in the Suffolk County Clerk's Office) imposing such covenants and restrictions on the subject property as the Board of Trustees may deem necessary or desirable in order to protect the neighborhood and assure that the subject property will not be used in violation of the purposes and provisions of this section.

A local law granting such a zoning change shall establish dimensional regulations applicable to development of the subject property. A local law granting such a zoning change may establish other conditions and requirements applicable to use and development of the subject property.

Use and development of property in the WHD shall comply with the dimensional regulations and other conditions and requirements established by the Board of Trustees in the local law granting such zoning change.

Approval of the establishment of a WHD shall expire two years after the effective date of such local law if the applicant has not, within such period, applied for and received from the Planning Board site plan approval and, if applicable, final subdivision plat approval for at least the first section of the subdivision plat. The Board of Trustees, upon request of the applicant, may extend the above time period for two additional periods of not more than six months each. In the event of expiration of WHD approval, the WHD classification shall automatically be removed from the subject property, and such property shall revert to its zoning classification prior to the establishment of the WHD. The Village Clerk shall amend the official copy of the Zoning Map accordingly.

Before a building permit is issued or a use commenced or changed on property in the WHD, a site plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, which shall review and approve the same or approve with modifications or disapprove the same.

The site plan shall show and include the following elements:

No building permit shall be issued and no commencement or change of use shall be permitted unless and until a site plan shall have been approved by the Planning Board.

Where a proposed development in the WHD also involves a subdivision or resubdivision of land, no development may proceed unless and until the Planning Board has granted final subdivision plat approval in accordance with the Village Law and Chapter 162 of the Village Code.

These provisions are enacted to provide for proper housing of the Village's senior citizens (active adults, age 55 and over) ("active adults"). It is hereby recognized that the Village has a high number of active adults, and given the potential for future physical limitations and the rapidly accelerating costs of maintaining large single-family residences with large lots, the Village Board of Trustees deems it necessary to provide for such housing within the Village. It is, therefore, establishing this Planned Retirement Community District (PRCD) to encourage the private sector to develop such housing to serve the needs of its active adults.

It is the specific purpose and intent of the PRCD to allow for the development of moderate-density housing on sites within the Village that would not otherwise be suitable for either active adults or workforce housing.

To facilitate the provision for active adults housing, with due regard for existing neighborhood character and the environment, the PRCD shall be established on a floating-zone basis, subject to approval by the Board of Trustees in each case and in accordance with an approved preliminary development concept plan, as described and defined herein.

Approval of a preliminary development concept plan and the reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Board of Trustees.

Approval of a final detailed site plan by the Planning Board.

The names and addresses of the property owner, the applicant (if other than the owner), and the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.

Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application.

A written statement describing the nature of the proposed project, how it is designed to serve the purpose of this section, the site's relationship to immediately adjoining properties and the surrounding neighborhood, the availability and adequacy of community facilities and utilities to serve the site, and the safety and capacity of the street system in the area of the site in relation to the anticipated traffic generation from the site.

A written statement of the proposed method of ownership and maintenance of any common utilities, facilities and open space lands within the proposed development.

A written statement of the method that will be used to ensure compliance with the active adults restrictions and eligibility requirements of this section.

A preliminary development concept plan for the proposed project, drawn to a convenient scale, and including the following:

The application fee. The amount of such fee shall be $250 or such other amount as may be established from time to time by resolution of the Board of Trustees.

An environmental assessment form as required by the State Environmental Quality Review Act (SEQRA) and its implementing regulations.

Such other information as may be determined necessary by the Board of Trustees in order to properly enable it to review and decide upon the application.

If an application for zoning approval is entertained, the Board of Trustees shall schedule and hold a public hearing on the application with the same notice and procedural requirements as prescribed by law for zoning amendments.

If an application for zoning approval is entertained, the requirements of SEQRA and its implementing regulations shall also be applicable.

The Board of Trustees may determine at any time (to wit, with or without a public hearing, with or without any review pursuant to SEQRA) that an application for zoning approval will not be entertained.

Location. A PRCD may be established in any existing residence, business or industrial district, except the Residence A-1, A-2 and A-8 Districts.

Minimum site size. The minimum land area required for the establishment of a PRCD shall be 160,000 square feet, but, in any case, the site shall be of such shape, dimension, topography, and location as will allow for an appropriate and attractive development. Notwithstanding anything in this section to the contrary, upon review of the preliminary development concept plan, the Board of Trustees may waive the minimum site size, provided the housing development on a site less than 160,000 square feet will not have a significant adverse environmental impact on the surrounding properties and the goals and objectives of the PRCD are achieved.

Ownership. A proposed PRCD site may be owned by one or more persons or entities, but shall be presented as a single parcel of land in any application made pursuant to this section. Such application shall be jointly filed by all owners and, if approved, shall be binding upon all of them.

Density. The permitted density within a PRCD shall be no greater than one dwelling unit per 10,000 square feet of land area.

PRCD housing units. The applicant shall submit to the Board of Trustees the size and design of the proposed units together with a proposed gross sale price range for such units which includes recognition of the increased density that would result from a grant of zoning approval. Such submission shall be in sufficient detail for the Board of Trustees to evaluate and approve the value of such units.

The Board of Trustees may approve or approve with modifications the preliminary development concept plan and approve the establishment of the PRCD by local law granting a zoning change so as to locate or place the subject property in the PRCD. Approval of the preliminary development concept plan or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the subsequent procedures and requirements of this section. A copy of the local law shall be forwarded to the Planning Board and to the applicant.

The Board of Trustees may require, incident to granting such a zoning change, that the applicant submit a declaration (to be recorded in the Suffolk County Clerk's office) imposing such covenants and restrictions on the subject property as the Board of Trustees may deem necessary or desirable in order to protect the neighborhood and assure that the subject property will not be used in violation of the purposes and provisions of this section.

A local law granting such a zoning change may establish conditions and requirements applicable to use and development of the subject property.

Use and development of property in the PRCD shall comply with the conditions and requirements established by the Board of Trustees in the local law granting such zoning change.

Approval of the establishment of a PRCD shall expire two years after the effective date of such local law if the applicant has not, within such period, applied for and received from the Planning Board site plan approval. The Board of Trustees, upon request of the applicant, may extend the above time period for two additional periods of not more than six months each. In the event of expiration of PRCD approval, the PRCD classification shall automatically be removed from the subject property, and such property shall revert to its zoning classification prior to the establishment of the PRCD. The Village Clerk shall amend the official copy of the Zoning Map accordingly.

Before a building permit is issued or a use commenced or changed on property in the PRCD, a site plan showing the layout, arrangement and design of the proposed use shall be submitted to the Planning Board, which shall review and approve the same or approve with modifications or disapprove the same.

The site plan shall show and include the following elements:

No building permit shall be issued and no commencement or change of use shall be permitted unless and until a site plan shall have been approved by the Planning Board.

Property in the PRCD shall be used and occupied only for the following uses:

Each dwelling or dwelling unit in the PRCD shall be limited to occupancy by:

The provisions of § 196-7 shall not be applicable in the PRCD.

It is the intent of this subsection to allow a maximum of 20% of the occupied dwelling units in a particular project to be occupied without compliance with the age 55 occupancy restrictions, provided that at least 80% of the occupied dwelling units in such project are occupied in compliance with the age 55 occupancy restrictions, and provided that all provisions of this subsection are complied with.

As used herein, the following terms shall have the indicated meanings:

Each dwelling or dwelling unit in the PRCD shall be occupied in compliance with the age 55 occupancy restrictions, except that an excepted dwelling unit is permitted to be occupied without compliance with the age 55 occupancy restrictions.

Each occupied dwelling unit in a particular project shall be deemed to be held and reserved for occupancy in compliance with the age 55 occupancy restrictions, unless a certificate of occupancy has been issued designating the dwelling or dwelling unit as an excepted dwelling unit. The Zoning Administrator shall not issue a certificate of occupancy for an excepted dwelling unit unless, taking into account such issuance, at least 80% of the occupied dwelling units in the particular project are held and reserved for occupancy in compliance with the age 55 occupancy restrictions.

In connection with the application for a certificate of occupancy upon completion of construction of a dwelling or dwelling unit in a particular project, or in connection with an application to modify a previously issued certificate of occupancy, the sponsor or developer of such project may designate such dwelling or dwelling unit as intended to be available for occupancy without compliance with the age 55 occupancy restrictions, and the Zoning Administrator may issue a certificate of occupancy for (including modification of a previously issued certificate of occupancy to provide for) an excepted dwelling unit pursuant to such designation of intent by the sponsor or developer, provided that all provisions of this subsection are complied with. The Zoning Administrator shall not issue a certificate of occupancy for (including modification of a previously issued certificate of occupancy to provide for) an excepted dwelling unit unless the sponsor or developer of the particular project has designated the dwelling or dwelling unit as intended to be available for occupancy without compliance with the age 55 occupancy restrictions.