Quogue City Zoning Code
ARTICLE VI
Subdivisions 1
§ 196-25 Separation not to impair provisions.
Where a lot is formed from part of a lot, the separation must be effected in such manner as not to impair any of the provisions of this chapter, whether related to an existing improvement or to a proposed new improvement or to vacant land.
§ 196-26 Planning Board approval required.
[Amended 10-16-1992 by L.L. No. 7-1992]
A.
Before any lot is formed from part of a lot, the owner thereof shall submit the proposed separation or subdivision plan to the Planning Board for its approval. Such proposed plan shall show the location of property lines, buildings and other existing features, location of the lot with reference to existing streets, easements or rights-of-way, the location, area and dimensions of each of the proposed new lots and shall comply with the provisions of the Subdivision Regulations of the Village of Quogue.[1]
B.
The Zoning Administrator shall deny a building permit to any person applying therefor with respect to a lot which has been formed from part of a lot after the effective date of this provision, unless the division has been approved by the Planning Board and otherwise complies with the provisions of this chapter.
§ 196-27 Variances required for creation of nonconforming lots.
Where the proposed separation or subdivision plan to be submitted to the Planning Board will result in the creation of a lot or lots which do not comply with the provisions of this chapter, the owner shall make prior application to the Board of Appeals for requisite variances based on undue hardship or practical difficulty to permit the creation of such substandard lots. The Board of Appeals shall have original jurisdiction to hear and determine any such application, but if it shall grant any such application, such grant shall be conditional upon approval by the Planning Board of the proposed separation or subdivision plan within a stated period of time.
§ 196-28 Accrual of rights.
[Amended 9-17-1993 by L.L. No. 8-1993]
A.
No rights shall accrue to any subdivision map hereafter approved by the Planning Board which creates two or more lots (including minor subdivision maps and major subdivision maps), unless and until the approved final plat is filed in the Suffolk County Clerk's Office in accordance with the provisions of Chapter 162, Subdivision of Land.
B.
No building permit shall be issued with respect to any lot shown on a subdivision map hereafter approved by the Planning Board which creates two or more lots (including minor subdivision maps and major subdivision maps), unless and until the approved final plat is filed in the Suffolk County Clerk's Office in accordance with the provisions of Chapter 162, Subdivision of Land.
§ 196-29 Flagpole lots.
[Added 10-16-1992 by L.L. No. 7-1992[1]]
A.
Incident to granting subdivision approval, the Planning Board may approve creation of one or more flagpole lots, provided that the Planning Board finds that the design and arrangement would not create difficulties for traffic safety and adequate access, and provided that the Planning Board finds that a standard lot and street design and arrangement would not result in a better subdivision design and arrangement.
B.
A flagpole lot shall comply with and shall be utilized in conformance with all provisions of this chapter, except that the minimum street frontage requirement set forth in the Table of Dimensional Regulations[2] shall not apply to the street frontage of a flagpole lot approved by the Planning Board.
[2]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
C.
A flagpole lot shall comply with and shall be utilized in conformance with the following additional dimensional regulations.
(1)
The minimum street frontage shall be 15 feet.
(2)
The minimum width of the pole portion along its entire length (from the street line to the flag portion) shall be 15 feet.
(3)
One of the internal lot lines shall be designated as the front lot line. The internal lot line opposite the designated front lot line shall constitute the rear lot line, and the other internal lot lines shall constitute side lot lines.
(4)
The land area of the pole portion shall be excluded in determining lot area. In other words, the applicable minimum lot area requirement shall apply to the flag portion (the total area of the lot, exclusive of land in the pole portion).
(5)
The applicable minimum front yard requirement for a principal building shall apply to the designated "front lot line." The applicable minimum distance-from-street requirement for accessory buildings and structures shall also apply to the designated front lot line.
D.
The Planning Board may require that the street frontage of a flagpole lot exceed 15 feet, that the width of the pole portion of a flagpole lot exceed 15 feet and that the lot area of a flagpole lot (the total area exclusive of land in the pole portion) exceed the applicable minimum lot area requirement.
E.
The Planning Board may designate one of the internal lot lines as the front lot line, incident to approving a flagpole lot. If the Planning Board does not so designate the front lot line, then the owner of the flagpole lot shall designate one of the internal lot lines as the front lot line at the time of an application for a building permit.
F.
Incident to approving a flagpole lot, the Planning Board may impose conditions relating thereto, including the following:
(1)
A condition providing that the pole portion of a flagpole lot shall not be used for access to any other lot without obtaining approval therefor from the Planning Board.
(2)
A condition requiring a common driveway for adjoining flagpole lots and providing that access to such lot shall only be over the common driveway.
(3)
A condition requiring that the pole portion of a flagpole lot be suitably improved and/or improved in accordance with particular specifications for access use.
(4)
Other conditions deemed to be necessary or desirable in order to promote traffic safety and adequate access.