Quogue City Zoning Code
ARTICLE IV
General Use Regulations
§ 196-16 Uses restricted.
[Amended 3-20-1987 by L.L. No. 1-1987; 4-19-2001 by L.L. No. 3-2001; 3-19-2004 by L.L. No. 1-2004; 3-25-2016 by L.L. No. 2-2016; 2-14-2025 by L.L. No. 4-2025]
No land, building or structure, or any part thereof, within the incorporated limits of the Village of Quogue, New York, and no waters within or outside of said limits under the jurisdiction of said Village shall be used or permitted to be used for any of the following uses or purposes in any manner or in any degree whatsoever, permanently or temporarily, by anyone whomsoever, including the allowing of any of the following conditions to exist or continue:[1]
A.
Placing, depositing or disposal of human excretion, sewage, garbage, rubbish, junk, oil, acid, nauseous, noxious or obnoxious matter or other refuse underground, except that human excretion and sewage may be deposited underground in a cesspool or septic tank as authorized by the Suffolk County Department of Health.
B.
A public or private sanitarium, asylum, institution, hospital or home for the housing, care or education of demented, criminal, wayward, immoral or incompetent persons or of persons afflicted with any contagious or infectious disease.
C.
A kennel, hospital, home, farm, coop, yard or other structure or enclosure for the raising, breeding, care, housing or maintaining, for commercial purposes, of horses, cows, sheep, dogs, cats, reptiles, ducks, chickens or any other animals, fowls or birds, either domestic or wild. Nothing herein shall prohibit the care of wild birds or fowls by the Quogue Wildlife Sanctuary. Nothing herein shall prohibit office and facilities for veterinarian use when authorized by the Board of Trustees as a special exception use in the Light Industry LI-1 or LI-2 District.
D.
Operating, conducting or maintaining any business, industry or other affair or enterprise which emits any noxious, nauseous, injurious, polluting or other offensive or obnoxious smoke, dust, odor, gas, fumes, residue, liquid or noise.
E.
A slaughterhouse or slaughter establishment.
F.
A brewery, distillery, ice manufactory, foundry, manufacture or storage or sale of explosives, wholesale manufactory of any material, wholesale, retail or distribution of gasoline, natural gas, propane, oil, coal, firewood, or other bulk fuel storage or distribution business, or any other wholesale or retail commodity storage or commercial yard or establishment, other than a vegetable, fodder, flower, shrubbery or tree nursery or farm. Nothing herein shall preclude the storage of fuel used for heating or servicing of the on-site building(s) or use(s) on the lot, or the storage of fuel associated with a gasoline filling station in a business district that conforms to applicable standards.
G.
A public saloon for the sale and drinking on the premises of any alcoholic liquor. Nothing herein shall prohibit, however, the maintaining of a bar or a service bar in connection with the operation of a bona fide restaurant, hotel or club, for the sale at retail of alcoholic liquor for consumption on the premises in accordance with the Alcoholic Beverage Control Law of the State of New York.
H.
A mobile home, recreational vehicle, house trailer, houseboat, boat and commercial vehicle when the same are used as a residence; and the parking or storage of such items on premises in all residence districts except in the rear yard.[2]
I.
Conditions which will in any manner alter the essential character of the locality.
K.
[4]Any new overhead utility service line from a street to a lot for new utility service. It is the intent of this provision that any new utility service line from a street to a lot for new utility service shall be installed underground.
L.
A transient rental property.
M.
If a one-family dwelling is rented, the entire dwelling must be rented and occupied for such purpose. Rental to and the use and occupancy by a person of less than all of a one-family dwelling is prohibited.
Notwithstanding the foregoing, the Board of Trustees may, upon application of the owner or owners of a one-family dwelling, grant an exception in a particular case to the prohibitions effected by Subsections L and M above in order to facilitate a special event held in or nearby the Village of Quogue that is being given by a Village resident or a not-for-profit organization based in or operating in the Village. [Added 3-25-2016 by L.L. No. 2-2016] |
[1]
Editor's Note: Provisions relating to hazards to health, safety, morals or general welfare and to fire hazards, which followed as part of the restricted uses in L.L. No. 4-1984, as originally adopted, may be found in Art. IV of Ch. 123, Peace and Good Order, and Art. II of Ch. 73, Building Construction and Fire Prevention, respectively.
§ 196-17 Agricultural uses not prohibited.
Nothing in this chapter shall or shall be intended to prohibit food, fodder, flower, plant or tree farming in the Residence A-3, A-4, A-5, A-7, A-8, A-9 and Business B-1 and B-2 Districts and Light Industry LI Districts as long as any such farming or abandoned crops thereof shall not violate any of the provisions of Article IV of this chapter.
§ 196-18 Public utility and radio communications structures.
Public utility buildings or structures and buildings or structures of radio communications media which are subject to regulation by state or federal authorities may be permitted in any district, if approved by the Board of Trustees, upon a finding of such Board that such buildings, structures and installations will not be detrimental to the character of the neighborhood and will promote the health, safety or general welfare of the Village. The area and other dimensional requirements of this chapter may be varied by the Board of Trustees when granting such application. If and when approved, the Board of Trustees may impose reasonable restrictions designed to promote the health, safety or general welfare of the Village and to preserve the general purposes and intent of this chapter. Before granting any such approval, the Board of Trustees shall hold a public hearing upon the question and at least 10 days' notice thereof shall be published in the official newspaper.
§ 196-18.1 Dish antennas.
[Added 10-16-1987 by L.L. No. 12-1987]
A.
A dish antenna (an antenna for the reception of television satellite signals) shall be deemed a structure and shall be subject to the provisions of this chapter relating to structures.
B.
A dish antenna may be installed and maintained on a lot in any district as an accessory use for purposes customarily incidental to the principal use conducted on the lot, provided that:
(1)
The diameter of such dish antenna shall not exceed 8 1/2 feet.
(2)
Such dish antenna shall be a mesh dish antenna.
(3)
Such dish antenna shall be mounted on the ground.
(4)
Such dish antenna shall be installed in conformity with the provisions of this chapter relating to accessory structures.
(5)
Such dish antenna shall be installed at the location approved by the Board of Appeals.
(6)
The height of such dish antenna shall not exceed the height approved by the Board of Appeals.
(7)
Landscape screening for such dish antenna, approved by the Board of Appeals, shall be installed and maintained.
C.
No building permit shall be issued for a dish antenna unless and until the location and height thereof and landscape screening therefor shall have been approved by the Board of Appeals. The plans submitted with an application for approval by the Board of Appeals shall include a site plan showing the proposed location and proposed height and a landscape plan showing the proposed screening.
D.
In determining whether to approve or disapprove the proposed location, height and landscape screening, the Board of Appeals shall consider the following standards:
(1)
The dish antenna shall be installed at a location which minimizes or avoids to the maximum extent practicable the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.
(2)
The height of the dish antenna shall not exceed a height which minimizes or avoids to the maximum extent practicable the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.
(3)
Landscape screening shall be provided which minimizes or avoids to the maximum extent practicable the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.
(4)
The Board of Appeals may impose conditions and safeguards in order to maintain the stability and character of the neighborhood to the extent practicable, consistent with the need to receive adequate signal reception and economic considerations.
E.
A dish antenna having a diameter of less than two feet shall be exempt from the requirement of obtaining a building permit, the requirement of obtaining approval from the Board of Appeals with respect to location, height and landscape screening, the requirement of being a mesh dish antenna and the requirement of being mounted on the ground, provided that such dish antenna (having a diameter of less than two feet) shall be installed at a location on the lot in conformity with setback requirements applicable to accessory structures.
[Added 6-18-1998 by L.L. No. 3-1998]
§ 196-19 Illumination of sports facilities.
The illumination by artificial light of outdoor tennis courts, paddle tennis courts, baseball fields, softball fields and like sports facilities, public or private, is hereby prohibited. This prohibition shall not apply to private outdoor swimming pools which may have lighting which is not elevated more than one foot above the top of the swimming pool structure.
§ 196-20 Main residence erected in conformity along with accessories.
[Amended 3-18-2022 by L.L. No. 2-2022]
A.
It is the intent of this section that the main residence building shall be erected or reconstructed in conformity with the provisions relating to the district in which situated or to be situated, before or simultaneously with the erection or reconstruction of any other structures on any plot or parcel of land.
B.
However, if there are two contiguous, conforming residential lots in common ownership (as defined below), only one of which has a one-family dwelling on it (herein, the “residence lot”), an accessory structure or structures permitted under § 196-13B may be constructed on the other lot (the “nonresidence lot”) as long as all the applicable permits required by this chapter or otherwise are obtained and the owners of the residence lot and the nonresidence lot demonstrate to the Zoning Administrator that:
(1)
The accessory structure will be located in a conforming location on the nonresidence lot;
(2)
There will be, after the accessory structure is completed, sufficient buildable area on the nonresidence lot to construct a conforming one-family residence;
(3)
So long as the nonresidence lot does not have a one-family dwelling on it, vehicular access to the nonresidence lot will be solely through the residence lot; and
(4)
The residence lot and the nonresidence lot have common ownership.
C.
The term “common ownership” shall mean that actual control and beneficial (economic) ownership of both the residence lot and the nonresidence lot are held directly or indirectly by the members of the same family (although the legal title of the lots may be in separate names). The term “family” means parents, their lineal descendants and their respective spouses.
D.
In the event that the residence lot and the nonresidence lot cease to be in common ownership for any reason, the use of the accessory structure or structures on the nonresidence lot shall cease forthwith, and such structure or structures shall be removed after six months (except a bulkhead need not be removed) unless within such period the owner of the nonresidence lot obtains a building permit for a one-family residence and promptly commences and thereafter completes construction thereof. Upon issuance of a certificate of occupancy for the one one-family residence on the nonresidence lot, use of the accessory structure or structures may be continued.
E.
The accessory structure or structures placed on the nonresidence lot shall be used solely by occupants of the dwelling on the residence lot and their nonpaying guests.
G.
The Zoning Administrator shall require execution by the owners of the residence lot and the nonresidence lot of covenants setting forth the restrictions contained herein, which shall be in a form satisfactory to the Village Attorney, and recording thereof in the office of the Recorder of Deeds of Suffolk County.
H.
Notwithstanding the foregoing, the residence lot and the nonresidence lot shall together have not more than one of the following types of accessory uses and structures: swimming pool, pool house, tennis court, paddle tennis court or pickleball court, basketball hoop, bocce court or sport court.
§ 196-21 Circumvention of purpose or spirit of chapter.
It is the intent of this chapter that no act shall be done or permitted to be done nor any circumstance be allowed to exist or continue which circumvents the purpose or spirit of this chapter.[1]
§ 196-21.1 Berms.
[Added 3-15-1991 by L.L. No. 2-1991]
A.
Construction.
(1)
All berms shall be constructed so that all sides of the berm shall not have a slope of greater than one to 1 1/2. For the purposes of this section, the slope shall refer to the ratio of a vertical rise of one foot to a horizontal run of 1 1/2 feet.
(2)
All berms shall be constructed of clean fill or an approved equal.
(3)
The width of the crest of the berm shall not exceed four feet measured at a point four feet above the natural existing grade at the base of the berm.
B.
Berm vegetation and materials. All berms shall be properly vegetated and landscaped to be compatible with the surrounding area before any erosion occurs in the topsoil on the berm, or, in the alternative, the berm shall be covered with an approved temporary ground cover until such time as the berm can be properly landscaped.
C.
Fences and walls. No fence or wall shall be constructed on a berm. However, a retaining wall may be placed on the sides of a berm where the Planning Board finds that said retaining wall will promote aesthetic considerations and the height of the same does not exceed the height of two feet.
D.
Natural drainage. The construction of berms and the berm itself shall not interfere with the natural drainage.
E.
Signs on berms. No signs shall be placed stop any berm or on the side slope of any berm to the extent that the sign reaches a height greater than four feet above the natural existing grade at the base of the berm. In no instance shall a sign violate the provisions of Chapter 153 of the Code of the Village of Quogue.
G.
Permits. All berms shall require a building permit issued by the Zoning Administrator, who shall consider the application's compliance with the provisions of this chapter, the compatibility of the berm with the surrounding properties and associated land uses, drainage and landscaping. The Zoning Administrator may refer an application to the Planning Board for an advisory opinion.
H.
Review of permit denial. An applicant whose application for a berm has been denied by the Zoning Administrator may apply to the Planning Board for a review of the application. The Planning Board shall reject the application, require modifications thereto or direct the Zoning Administrator to issue the permit.
I.
Dimensional modifications to applications. The Planning Board may approve dimensional modifications to applications not in compliance with the provisions of this chapter, but in no event shall the berm exceed a height of 10 feet or a width of 22 feet measured from a point four feet above the existing natural grade. The Planning Board shall make a specific finding that the dimensional modification is necessary by reason of unique and unusual terrain or the limitation of adverse impacts from noise from a traveled road or the avoidance of light sources diminishing the residential character of adjoining property or such other circumstances as shall promote the public interest without detrimental effect on any adjoining property or roadway.
§ 196-21.2 Construction trailers.
[Added 4-19-2001 by L.L. No. 3-2001]
A.
A construction trailer may be maintained on a lot during the course of construction on such lot, for use incidental to the construction work being performed on such lot, provided that:
(1)
The size of such trailer shall not exceed eight feet by 16 feet.
(2)
Such trailer shall not contain more than one room.
(3)
Such trailer shall not contain living quarters. Such trailer shall not be designed, equipped or used for cooking, living or sleeping purposes.
(4)
Use of such trailer shall be limited to use which is entirely and solely incidental to the construction work being performed on such lot.
(5)
Such trailer shall be maintained at a location on such lot which provides a setback of at least 25 feet from the front lot line.
§ 196-21.3 Temporary storage containers.
[Added 8-18-2017 by L.L. No. 3-2017]
A single temporary storage container may be maintained on a residential lot for a period not exceeding 60 days during the course of repair or renovation of preexisting improvements on such lot that entails removal of their contents or for a another purpose approved by the Zoning Administrator, provided that: