Sag Harbor City Zoning Code
ARTICLE IX
Supplemental Use and Dimensional Regulations
§ 300-9.1 Placement of accessory buildings, structures and uses.
A.
In all districts.
[Amended 7-12-2011 by L.L. No. 7-2011; 4-21-2016 by L.L. No. 5-2016]
(1)
Accessory buildings, including garages, if connected only by an open breezeway-type structure, shall not be less than 10 feet from the main building and, in all events, shall not be less than 10 feet from other accessory buildings.
(2)
A private garage may be constructed as a structural part of a main building, provided that, when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(3)
No accessory building or accessory structure shall be constructed upon a lot or plot, unless a main or principal building already exists on said lot or plot and has a valid certificate of occupancy or a valid building permit has been issued and is in effect for the construction or erection of a main or principal building.
[Amended 10-11-2016 by L.L. No. 8-2016]
(4)
Accessory buildings, including private garages, and accessory structures shall not be placed within a front yard and shall not occupy more than 30% of any rear yard.
[Amended 10-11-2016 by L.L. No. 8-2016]
(5)
An access driveway may be located within a required yard.
(6)
No access driveway shall be permitted through a lot to provide access to a second lot, which lot is used or may be used for any use prohibited in the district in which the first lot is located.
(7)
Accessory off-street parking or truck-loading areas shall be improved in accordance with Village specifications, except that, upon written certification by the Village Engineer that a plot or parcel of land cannot comply with the standards for drainage due to the topography of the plot or parcel and such condition cannot be remedied without injury or damage to adjoining parcels, the Building Inspector may waive such requirement.
(8)
Required accessory off-street parking areas or truck-loading space shall not be encroached upon by buildings, open storage or any other use, whether temporary or otherwise.
(9)
The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within one 100 feet of any front lot line.
(10)
The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses, farm animals or fowl shall not be permitted as accessory uses, except for the keeping of chickens as a special exception accessory use as provided for in § 300-11.21 of this chapter.
(11)
Swimming pool equipment, including pumps and heating elements, shall be located in conformance with the applicable regulations set forth in this chapter for accessory buildings and structures. All such equipment shall be housed in closed structures which shall prevent noise, sound or vibration caused by the equipment from crossing property lines and in all events shall be screened on all sides facing adjacent properties or visible from any street with evergreen vegetation.
B.
In residence districts.
[Amended 9-9-2014 by L.L. No. 12-2014; 4-21-2016 by L.L. No. 5-2016]
(1)
Accessory off-street parking areas shall not be less than five feet from any property line in a required front, side or rear yard.
(2)
No commercial vehicle, except for a three-fourths-ton or smaller pickup truck or van or a contract school bus accommodating not more than 12 passengers, nor any house trailer, mobile home, recreation vehicle or camp trailer, boat or boat trailer or any similar equipment shall be parked or stored on any lot, except that not more than one camping trailer or recreation vehicle not over 25 feet in length and not more than one boat, including a boat trailer on which it rests, may be stored per dwelling unit on the same lot with such dwelling unit, provided that no such vehicle, trailer, mobile home, boat or similar equipment shall be used for living or sleeping purposes while so located, and further provided that it is not located in any front yard or in any required side yard or within 10 feet of any property line in any required rear yard.
(3)
In the case of a waterfront lot, when a rear lot line is a street or right-of-way, the minimum setback of an accessory structure to the street line shall be twice the required setback to the rear lot line.
(4)
Driveways shall be provided with a dry well or other approved drainage structure with a retention capacity of two inches of rainfall per hour.
(5)
No accessory building shall have a gross floor area greater than 600 square feet, except for accessory apartments which shall be governed by Village Code § 300-9.12D(3).
[Amended 11-14-2023 by L.L. No. 10-2023]
(6)
No accessory building and/or accessory structure, other than an accessory apartment approved under Village Code § 300-9.12, shall contain any plumbing fixtures. Notwithstanding the foregoing, pool houses with a gross floor area of 200 square feet or less shall be permitted a shower, sink and toilet.
[Amended 11-8-2016 by L.L. No. 11-2016; 6-14-2022 by L.L. No. 13-2022]
(7)
No accessory building shall have a basement or cellar.
C.
In nonresidential districts.
(1)
Accessory off-street parking areas in the RM Resort Motel and WF Waterfront Districts may be located in required front, side or rear yards, provided that they are set back at least 10 feet from all property lines, and further provided that they do not encroach on required transitional yards established in accordance with § 300-9.2C. In the VB District, accessory off-street parking areas may be located in required front, side or rear yards, provided that they do not encroach on required transitional yards established in accordance with § 300-9.2C.
(2)
No house trailer, mobile home, camping trailer or similar equipment shall be parked or stored on any lot.
§ 300-9.2 Lot frontage; yards; transition yards; courts.
A.
Frontage. The minimum road frontage of a lot at the street line shall be at least 20 feet in all districts, except in those districts where there are no minimum lot area requirements. The minimum frontage of any lot on a public street and the minimum access width of any lot shall be 20 feet. If frontage is provided by means of a flag strip access, width shall be measured perpendicular to the sides of the flag strip. Notwithstanding this requirement, the Planning Board may approve the creation of a new lot not having such frontage if the new lot will have access to a public street by means of a common driveway easement or access easement which is 20 feet or more in width at all points and which easement is the subject of a duly recorded legal instrument which cannot be revoked or terminated without Planning Board approval.
B.
Yards.
(1)
The following accessory structures may be located in any required front or rear yard:
(a)
Awning or movable canopy not exceeding 10 feet in height, provided that it does not exceed 20% of the required yard area.
(b)
Open arbor or trellis.
(d)
Unroofed steps, patio or terrace not higher than one foot above ground level.
(e)
A flag pole utilized for the display of the flag of the United States, provided that it is set back a minimum of 15 feet from the street line and a minimum of 10 feet from all side lot lines. The maximum height of the flag pole shall not exceed 15 feet above existing grade, except that the maximum height shall be 30 feet in the RM and WF Districts.
[Added 9-9-2014 by L.L. No. 12-2014]
(2)
The space in a required front yard shall be open and unobstructed, except for structures provided for in Subsection B(1) and the following:
(3)
Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard and except for the projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
(4)
Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than three feet, and the minimum required projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
(5)
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
C.
Transitional yards. The following minimum required transitional yards and screening shall be provided within nonresidential districts:
(1)
Adjoining residential districts.
(a)
The minimum required transitional side and rear yards shall be 15 feet.
(b)
The minimum required screening within such transitional side and rear yards shall be a six-foot-high stockade-type fence or equal, and landscape plantings shall be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
D.
Courts and spacing between principal buildings.
(1)
Outer courts or spaces.
(2)
Inner courts or spaces. The least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:
§ 300-9.3 Height; exceptions; pyramid law.
A.
Nothing herein contained shall restrict the height of the following architectural and structural features beyond any applicable limitation in the Table of Dimensional Regulations.[1]
(1)
On any public or semipublic building, a spire, cupola, dome, belfry or clock tower.
(2)
Flagpole, chimney flue, elevator or stair bulkhead as accessory facilities to permitted or special exception uses in a given district.
(3)
Radio or television tower, transmission line or tower or similar structure necessary as a public service facility, only after approval as a special exception use by the Planning Board.
(4)
The total height permitted under this section shall not exceed 125% of the permitted height of the structure on which the feature is placed.
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
B.
No structure, excepting a public service facility erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
C.
No private radio or television antenna, mast or tower shall exceed the maximum permitted height prescribed for the district in which such proposed structure is to be located.
D.
In the R-20 One-Family Residence District, all buildings and structures, except chimneys and decorative railings, must remain inside the sky plane of the lot. The sky plane shall begin at the property lines at the elevation of the existing natural grade, and extend to the building or structure at an angle of 45°. The height limitation in the Table of Dimensional Regulations shall not be exceeded.[2]
[Amended 9-9-2014 by L.L. No. 12-2014]
[2]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
E.
A third story may be created in an existing attic in accordance with the Uniform Fire Prevention and Building Code of the State of New York, provided that the creation of the third story is limited to the confines of the existing attic structure.
[Added 1-9-2018 by L.L. No. 2-2018]
F.
Notwithstanding the height limitations set forth in the dimensional regulations, the maximum height in feet for any residential building located in a residential zoning district with a roof pitch flatter than 6/12 (i.e., six inches of rise for every 12 inches of run) shall be limited to 25 feet. This twenty-five-foot limitation shall include the railing height required pursuant to the Uniform Fire Prevention and Building Code of the State of New York.
[Added 1-9-2018 by L.L. No. 2-2018; amended 7-10-2018 by L.L. No. 10-2018]
§ 300-9.4 Fences, walls and gates.
A.
In residence districts.
[Amended 4-21-2016 by L.L. No. 5-2016]
(1)
No fence or wall in a front yard shall have a height greater than four feet, except in the case of a waterfront lot where such fence or wall shall not exceed four feet in both the front and rear yard.
(2)
In no case shall any fence or wall have a height greater than six feet.
(3)
Any fence or wall having a height of four feet or less shall be exempt from building permit requirements, provided that it shall be constructed of standard materials used for such purposes, with the finished side facing the adjoining lot. The exemption herein shall not apply to any property designated a landmark under § 300-14.4.
(4)
In all events, all fences shall be erected with the finished side facing the adjoining lot.
(5)
Retaining walls shall be set back at least three feet from all property lines.
B.
In nonresidence districts.
(1)
No fence or wall within 10 feet of a lot line in a required front yard shall have a height greater than four feet.
(2)
No fence or wall within 10 feet of a lot line in a side yard or rear yard shall have a height greater than six feet.
(3)
In no case shall a fence or wall have a height greater than six feet.
(4)
In all events, all fences shall be erected with the finished side facing the adjoining lot or is otherwise completely screened with evergreen or equal landscaping.
C.
The height of a fence or wall shall be measured from the ground level at the base of the fence, except that, where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall; and further, except that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsection A and B.
D.
Driveway gates.
[Amended 2-13-2024 by L.L. No. 1-2024]
(1)
In the Historic District:
(2)
Outside of the Historic District:
(a)
Driveway gates shall not exceed six feet in height above natural grade; and
(b)
A minimum of 50% of the gate material is open or nonopaque; and
(c)
A gate and/or gateposts at a driveway entrance or exit shall have a minimum setback of 18 feet from the edge of street pavement on the street right-of-way and shall not encroach upon the street right-of-way.
E.
Other entry gates. Walkway or other entry gates located in a front yard shall not exceed four feet in height above natural grade and such gates located in any side or rear yard shall not exceed six feet in height above natural grade, except in the case of a waterfront lot where such gates shall not exceed four feet in both the front and rear yard.
[Added 2-13-2024 by L.L. No. 1-2024]
§ 300-9.5 Visual clearance at intersections.
A.
Purpose. Visual clearance shall be provided and maintained at all intersections of streets and of driveways and streets.
B.
Clearance standards. On a corner lot in any district or at any driveway intersection with a street, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet; no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of four feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street line, each of which points is 15 feet from the intersection of such street lines or 15 feet along such driveway lines.
C.
With respect to any lot in the VB Village Business District, the Planning Board may modify the requirements of § 300-9.5B by reducing such requirements, incident to site plan review and approval, where the Planning Board finds that reasonable visual clearance would be accomplished by such modification, after considering the particular circumstances relating to such lot.
§ 300-9.6 Off-street parking and truck loading.
[Amended 9-9-2014 by L.L. No. 12-2014; 9-9-2025 by L.L. No. 11-2025]
A.
General. Off-street parking and truck-loading spaces shall be provided and kept available as an accessory use to all buildings, structures and uses in amounts not less than those specified in this section. Except as otherwise expressly provided, the requirements of this section shall apply under the following circumstances:
(1)
All new buildings and structures erected for use on a property shall be subject to these requirements.
(2)
Any building and/or structure which is hereafter enlarged shall be subject to these requirements.
(3)
All new uses of a property shall be subject to these requirements.
(4)
Any use of a property which is hereafter changed shall be subject to these requirements.
B.
Method of determining off-street parking space requirements.
(1)
The requirement for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is a part of this section.
(2)
The requirement for a combination use made up of several component use (e.g., a bowling alley combined with an auditorium; a restaurant and bar; or a retail store combined with an office building) shall be determined by establishing the requirement for each component use for the schedule of such requirements, which is a part of this section, and adding them together.
(3)
When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.
(4)
If the use is not specifically listed in the schedule of such requirements, the requirements shall be the same as for the most similar use listed.
(5)
A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family or two-family dwelling.
(8)
When the schedule under Subsection D below requires the number of spaces to be calculated per employee and employees are on the premises in shifts, the number to be used is the number of employees present during the largest shift; in all other cases, it shall mean the total number of employees on the premises or who will use the premises for parking at any time.
(9)
No garage or other parking area shall be located in violation of the New York State Uniform Fire Prevention and Building Code.[1] Any garage or parking area under a multiple dwelling, motel, apartment building or other use (excepting a single-family or two-family residence) containing residential improvements shall require the prior written express approval of the Fire Marshal.
C.
The schedule of off-street parking space requirements for residential uses shall be as follows:
Use | Number of Spaces Required | |
|---|---|---|
One-family and two-family dwelling | 2 per dwelling unit, plus 1 per bedroom over 3 | |
Multiple dwelling and apartments | 1.5 spaces per efficiency unit | |
1.75 spaces per 1-bedroom unit | ||
2 spaces per 2-bedroom unit | ||
2.5 spaces per units with 3 bedrooms or more |
D.
The schedule of off-street parking space requirements for nonresidential uses shall be as follows:
Use | Number of Spaces Required | |
|---|---|---|
Auditorium, church, convention hall, gymnasium, theater, studio or other place of public assembly not otherwise classified | 1 per 3 permanent seats or 1 per each 40 square feet of seating area where fixed seating is not provided, plus 1 per each employee | |
Bank, savings and loan association | Same as for offices plus a ten-space queuing line for each drive-in teller's window | |
Delicatessen, retailer of prepared food | 1 per 100 square foot of gross floor area | |
Exercise studio and spa | 1 per 100 square foot of gross floor area | |
Fast-food eating establishment | 1 per 40 square feet of gross floor area (excluding the kitchen area), plus a minimum of 5 spaces for employees, plus 1 additional space for each employee over 5 persons | |
Filling station, repair garage | 5 per bay plus 1 per each person employed on the site | |
Funeral home | 1 per 40 square feet of public room floor area | |
Home occupation, home professional office | 2 for the first 150 square feet of area given over to this component of the land use, plus 1 for each additional 150 square feet or fraction thereof, but in no case less than 2 spaces, plus 1 per each employee | |
Hotel, motel | 1 per guest bedroom, plus 1 per each 5 transient guest units | |
Manufacturing or industrial establishment, research institute or laboratory | Parking area equivalent to the total ground coverage of the use, with a minimum of 2 improved spaces per each 3 employees on the premises at one time, but in no case less than 2 spaces | |
Marina, boatyard, yacht club, commercial fishing charter | 1 per each boat slip, mooring, dock space or similar unit of capacity, plus 1 per employee or, with respect to a commercial fishing charter, 1 per each 2 persons of rated capacity | |
Office, office building, medical arts or ambulatory care clinic | 1 per 200 square feet of gross floor area | |
Public or semipublic art gallery, library or museum | Same as for auditoriums, etc. | |
Real estate office | 1 per 200 square feet of gross floor area | |
Restaurant, club | 1 per 4 permanent seats and bar seats or stools or the floor area equivalent, plus 1 per each employee | |
Retail store, personal service store | 1 per 200 square feet of gross floor area | |
School | 1 per each 5 students or 1 per each employee plus 1 per each 8 students in the 12th grade, or the parking requirement for the auditorium or gymnasium component of the use, whichever of the foregoing calculations is the greatest in number | |
Shop for custom work | 1 per 400 square feet of gross floor area | |
Storage | 1 per 500 square feet of gross floor area | |
Tavern, bar | 2 per each 3 persons of rated capacity | |
Veterinarian, veterinary hospital | 1 per 400 square feet of gross floor area | |
Wholesale establishment, warehouse | Same as for "manufacturing or industrial establishments" | |
Yacht sales and charter | Same as "office" |
E.
Off-street truck-loading space requirements. Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck-loading spaces in accordance with the following schedule:
Floor Area (square feet) | Number of Spaces Required | |
|---|---|---|
Under 8,000 | 1, except upon waiver in discretion of Planning Board if by the commercial use of site a truck-loading space is unwarranted | |
8,000 to 25,000 | 1 | |
Over 25,000 | 1 for each additional 25,000 square feet |
F.
Supplemental regulations for private garages and off-street parking areas in residence districts.
(1)
Not more than two parking spaces per dwelling unit may be rented to persons living off the premises in the case of a one-family or two-family dwelling use, and not more than one parking space per each two dwelling units may be rented to persons living off the premises in the case of any other residence use.
(2)
Not more than one commercial vehicle shall be housed or parked in a private garage, and any such use shall be subject to § 300-9.1B(2) above.
G.
Access driveway requirements.
(1)
Private garages, public parking areas, filling stations and repair garages may have separate or combined entrances.
(2)
Every separate entrance or exit driveway shall have a minimum unobstructed width of 10 feet on local roads and 15 feet on county and state highway routes. Every combined entrance and exit driveway shall have a minimum unobstructed width of 20 feet. Parking areas with 20 spaces or more shall have at least two separate entrance and exit driveways.
(3)
The intersection of a separate or combined exit and entrance driveway of a public parking area with the public street shall have the corner clearance prescribed in § 300-9.5.
(4)
The gradient of driveways shall be such as to facilitate entrance and exit traffic flow.
H.
Design requirements for nonresidential parking and truck-loading areas.
(1)
All accessory off-street parking and truck-loading areas shall be located in accordance with the provisions of § 300-9.1. For all properties and uses subject to site plan review pursuant to Article XIV of this chapter, off-street parking and truck-loading spaces shall be located only as said spaces are indicated and approved by the Planning Board. Any changes to the spaces shall require the further review and approval of the Planning Board.
(2)
The physical improvements of off-street parking and truck-loading areas shall include:
(a)
Curbs, paving, sidewalks and drainage facilities complying with the standards established in Village codes, regulations or specifications.
(b)
No parking area shall be so designed as to cause surface drainage to flow into a public street.
(c)
Adequate lighting in public parking areas to assure the general safety and convenience of the public.
(3)
All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at an angle of 90° with the aisle; 18 feet when the parking spaces are at 60°; and 12 feet when the parking spaces are at 45°.
(4)
Aisles and turning areas shall provide good internal circulation with adequate radii to assure ease of mobility, ample clearance and convenient access and egress. Sufficient area for maneuvering into and out of all parking spaces shall be provided and shall allow for a minimum backing-out area of at least 10 feet beyond any parking space for end-of-row parking spaces. No off-street parking spaces shall be designed or permitted which back directly out onto any through street. Aisles permitting two-way traffic flow shall have a minimum width of 24 feet. Aisles permitting one-way traffic flow shall have a minimum width of 12 feet. In all events and under all circumstances, the design of any parking spaces and truck-loading spaces is subject to the approval of the Planning Board.
(5)
Center-line gradients of aisles shall not exceed 8%.
(6)
Accessory off-street parking areas shall be marked off into spaces with a minimum width of nine feet and a minimum length of 20 feet, or a minimum width of 10 feet and a minimum length of 18 feet. The dimensions of the parking spaces shall be determined by the Planning Board, based upon the design and type of improvements to be made to the parking area. Spaces nine feet by 20 feet, as a policy, shall only be considered where the parking areas are to be substantially improved with asphalt or concrete paving and the parking area consists of 50 or more spaces. Spaces 10 feet by 18 feet shall be used for all other instances, including, in particular, where the parking area is improved merely with oil and bluestone or gravel. The dimensions of parking spaces for trucks or special equipment shall be determined by the Planning Board.
(7)
An accessory off-street truck-loading space shall have a minimum width of 12 feet, a minimum length of 33 feet and a minimum clear height of 14 feet. The related aisles or driveways shall have the same minimum width and clear height.
(8)
All accessory off-street parking areas shall provide for handicapped access and parking. A minimum of 5% of the total number of parking spaces required for any site shall be allocated to handicapped parking; provided, however, that in no case shall the number of handicapped spaces be greater than five spaces unless additional spaces are required under New York Vehicle and Traffic Law § 1203-c, as amended. Handicapped spaces shall be marked off into spaces with the same minimum width as required for regular parking spaces plus an adjacent five-foot-wide unloading area, in effect providing for a fourteen- or fifteen-foot-wide parking space. Each such space shall be striped with blue paint and shall contain the international handicapped symbol and a sign approved by the Planning Board at the head of each space.
(9)
To improve the aesthetics of a site, promote public safety, moderate climatic effects and minimize nuisances such as noise and glare, accessory off-street parking areas shall include appropriate landscaping at the perimeter and within the interior of the parking areas. The Planning Board shall determine the amount, location and type of landscaping; provided, however, that accessory off-street parking areas with a requirement of over 20 spaces shall have at least 25 square feet of interior landscaping for each parking space. Additionally, interior parking islands shall allow ample room for plantings without disturbance from vehicular and pedestrian traffic. Landscaped areas shall be so designed as not to obstruct a driver's view.
(10)
Pavement markings.
(a)
Traffic pavement marking shall be provided on various internal roadways and parking areas which may include parking stalls, stop bars, crosswalks, lane lines, fire zones, handicapped parking stalls, directional arrows and other miscellaneous markings. Signs may also be provided along said roadways to identify these areas. Pavement markings and signs shall conform to the New York State Manual of Traffic Control Devices or as directed by the Planning Board.
(b)
Where striping can be accomplished, all parking spaces shall be striped in accordance with the approved plan. All striping shall be four-inch-wide lines except handicapped spaces, which shall be four-inch blue lines. Specifications of the paint and method of application shall be determined by the Planning Board.
(c)
Traffic islands separating opposing flows of traffic shall be bordered by two four-inch-wide yellow lines and crosshatched with twelve-inch-wide yellow bars.
(d)
Fire zones shall be installed in accordance with the directions of the Planning Board and advisory recommendations of the Sag Harbor Fire Marshal.
I.
Exemptions and variances.
(1)
Existing buildings and uses in the Village Business District, Office District and Waterfront District are exempt as follows:
(a)
The provisions of § 300-9.6 shall not apply to any land use, buildings or structure lawfully existing on the effective date of this subsection (for purposes of this subsection this date shall be September 4, 1984), whether continued as a legal nonconforming use or thereafter converted or changed without enlargement to a different lawful use having an equal or lesser number of parking and truck-loading spaces, except as provided otherwise in § 300-12.6B(1)(b). Preexistence may be established by any one or more of the following:
[1]
A valid certificate of occupancy or certificate of compliance.
[2]
An original sealed survey of the premises (not a photocopy).
[3]
A date-verified aerial photo.
[4]
A valid sewer use permit containing such proof of such preexistence.
[5]
An original Sanborn map of the premises or equivalent.
[6]
An affidavit or other proof acceptable to the Building Inspector.
(b)
Requirements for preexisting buildings, structures or lots; change of use.
[1]
No building, structure or lot lawfully existing shall be enlarged unless the off-street parking and truck-loading space requirements of this § 300-9.6 are complied with to the same extent as would be required if the entire preexisting building or structure or lot and the proposed enlargement were being submitted as a new application for a building permit for the entire project, except that credit shall be given for the off-street parking and truck-loading spaces that would have been required for the existing building or structure if the premises did not have preexisting status. Any credit shall, however, be limited in application to the preexisting building, and new spaces shall be supplied and installed for any enlargement. It is intended by this provision that additional off-street parking and truck-loading spaces shall be provided with respect to the proposed enlargement, but no additional spaces shall be required with respect to the preexisting building or structure. By way of illustration, and not limitation, a legal preexisting building with a parking requirement of eight spaces which supplies five spaces shall, upon enlargement, supply as many new spaces as the enlargement requires, and the five preexisting spaces shall be credited against the eight required and shall satisfy only said requirement of eight spaces.
[2]
No lawfully existing use shall be changed to a use with greater off-street parking or truck-loading space requirements unless the off-street parking and truck-loading space requirements of this § 300-9.6 are complied with to the same extent that would be required if the proposed change of use were being submitted as a new application for a building permit, except that credit shall be given for the off-street parking and truck-loading spaces that would have been required for the lawful preexisting use if said use did not have preexisting status. Any credit shall, however, be limited in application to the preexisting building, and new spaces shall be supplied and installed for any change of use. It is intended by this provision that additional off-street parking and truck-loading spaces shall be provided with respect to the change of use subject to the aforesaid credit. By way of illustration and not limitation, a legal preexisting building with a parking requirement of eight spaces which supplies five spaces shall, upon change of use, supply as many new spaces as the change of use requires, and the five preexisting spaces shall be credited against the eight required and shall satisfy only said requirement of eight spaces.
[3]
Conforming spaces actually provided on the premises, even if informal and unpaved, shall be allocated to the preexisting portions only or to the prior use but shall be formalized and paved as a condition of issuance of any site plan approval, building permit, certificate of compliance or certificate of occupancy, whichever shall apply.
(2)
Where the Planning Board shall determine that dedication of land or an easement in perpetuity to the Village is desirable to facilitate improvement of existing or proposed public parking facilities and said dedication of land or easement is voluntarily and unconditionally offered to the Village for said purposes, the off-street parking requirements hereunder may be waived in whole or in part by the Planning Board. The number of spaces that may be waived shall be calculated on the basis of one space per each 200 square feet of land area covered in the dedication or easement.
J.
Standards for parking variances.
(1)
Upon any application for variances to the provisions of § 300-9.6, the Board of Appeals shall utilize the standards provided under Village Law § 7-712-b(3), as amended from time to time.
(2)
Parking Trust Fund.
(a)
) There is hereby created a Parking and Truck Loading Space Trust Fund to be used exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes.
(b)
Every decision of the Planning Board or Zoning Board of Appeals waiving the requirements for off-street parking and/or truck loading spaces, in whole or in part, shall clearly set forth the nature and extent of such waiver by specifying the number of spaces required to be provided pursuant to said requirements, the number of spaces required to be provided by the respective Board and the number of spaces thus waived by the respective Board. The number of spaces so waived by the respective Board shall constitute the number of spaces for which a variance is granted.
(c)
Every decision which waives the requirements for off-street parking and/or truck loading spaces, in whole or in part, shall be made subject to a condition requiring a payment to the Village of Sag Harbor of a sum for each and every space for which a waiver is granted, which sum shall constitute a trust fund to be used exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes. Such condition shall be deemed a condition of every such waiver, and such payment may be referred to as the "off-street parking space fee." Said fee shall be paid prior to the issuance of the certificate of occupancy and/or certificate of compliance for the use for which the waiver was granted.
(d)
The amount of the per-space sum required to be paid to the Town for each and every space for which a waiver is granted shall be $10,000 per space.
(e)
The provisions of this section shall only apply in the VB and OD Districts.
(f)
The provisions of this section relating to a parking fee shall not be waived by the Planning Board or Zoning Board of Appeals.
§ 300-9.7 Signs.
A.
Schedule of permitted signs. The following schedule of permitted signs shall apply according to the district in which the lot is located on the Zoning Map, whether such lot is used for a permitted use or for a special exception use:
Permitted Signs | |||||
|---|---|---|---|---|---|
Type of District | Professional and Announcement Signs | Identification Signs | Real Estate For-Sale or For-Rent Signs and Construction Signs | Temporary Signs | |
All residence districts | 1 on each public street frontage pursuant to § 300-9.7B | Prohibited | 1 on each public street frontage for single lots or buildings; 2 subdivision signs on each public street frontage for each approved subdivisions pursuant to § 300-9.7E | ||
Village Business District and Office District | 1 on each public street pursuant to § 300-9.7C | 1 wall sign on each public street or municipal off-street parking lot and 1 detached or ground sign pursuant to § 300-9.7C | 1 on each public street frontage for single lots or buildings pursuant to § 300-9.7E | ||
All other districts | Prohibited | 1 wall sign on each public street or municipal off-street parking lot and 1 detached or ground sign pursuant to § 300-9.7D | 1 on each public street frontage for single lots or buildings pursuant to § 300-9.7E | Pursuant to § 300-9.7E | |
B.
Professional signs and announcement signs.
(1)
A professional sign or an announcement sign for a home professional office or home occupation shall bear only the name and profession or occupation of the resident. Such sign shall have a maximum area of two square feet and may be located on the building wall or in the required front yard, provided that it is set back at least 10 feet from all property lines and is not more than six feet above the natural ground level at its location.
(2)
A church or other place of worship may have one announcement sign, not over 18 square feet in area, on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least 10 feet from the front property line and at least 25 feet from all other property lines. A church or other place of worship may also have one temporary announcement sign, not over 32 square feet in area, on each public street frontage of its property, located in the required front yard, for a period not to exceed 30 days, for the purpose of announcing a special event, provided that it is set back at least 10 feet from the front property line and at least 25 feet from all other property lines. No detached or ground sign shall exceed an overall height of eight feet. The sign permit for such temporary sign shall automatically be deemed revoked 30 days after the date of issuance of such permit, and such temporary sign shall be removed from the premises upon the revocation of such permit. There shall be no fee for the permit for such temporary sign.
(3)
A parish house, club, school or public or semipublic building may have one announcement sign, not over six square feet in area, on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least 10 feet from the front property line and at least 25 feet from all other property lines. A parish house, club, school or public or semipublic building may also have one temporary announcement sign, not over 32 square feet in area, on each public street frontage of its property, located in the required front yard, for a period not to exceed 30 days, for the purpose of announcing a special event, provided that it is set back at least 10 feet from the front property line and at least 25 feet from all other property lines, No detached or ground sign shall exceed an overall height of eight feet. The sign permit for such temporary sign shall automatically be deemed revoked 30 days after the date of issuance of such permit, and such temporary sign shall be removed from the premises upon the revocation of such permit. There shall be no fee for the permit for such temporary sign.
(4)
Such signs may be double-faced.
(5)
Lighting for such signs shall be mounted on the top of or above the sign, directed downward, and positioned or shielded so that the light source is not visible beyond the boundary of the property on which the sign is located.
(6)
In addition to all other permitted signs, a restaurant, delicatessen, specialty food store, or coffee shop may display one erasable portable sign not to exceed six square feet of advertising space to announce its menu or daily specials. Such sign shall not be displayed on or above the public right-of-way, nor shall it obstruct parking, pedestrian, or accessible walkways. It shall be stored inside the premises when it is not open for business.
[Added 9-9-2014 by L.L. No. 12-2014]
C.
Village Business District identification signs.
(1)
A wall identification sign shall be attached to or incorporated in a building wall. Such sign shall not:
(2)
An awning identification sign on a properly adjustable awning constructed of cloth on an iron tube frame, the lowest point of which shall be at least seven feet above the sidewalk or ground elevation at the base of the wall on which it is mounted. Such sign shall not:
(3)
A detached or ground identification sign may only be erected where the building is set back from the street line a distance of 25 feet or more. Such sign shall not:
(a)
Exceed in total area 18 square feet.
(b)
Exceed eight feet in height measured from the ground level.
(c)
Have less than three feet of clear space between the ground level and the bottom of the signboard, provided that necessary supports may extend through such clear space.
(d)
Be set back less than 20 feet from any property line, except that, if the average front setback of existing buildings within the same block is less than 10 feet, then the average setback so established shall be applied to such sign.
D.
All other nonresidential district identification signs.
(1)
A wall identification sign shall be attached to or incorporated in a building wall. Such sign shall not:
(2)
A detached or ground identification sign may only be erected where the building is set back from the street line a distance of 40 feet or more. Such sign shall not:
(a)
Exceed in total area 40 square feet.
(b)
Exceed 10 feet in height measured from the ground level.
(c)
Have less than four feet of clear space between the ground level and the bottom of the signboard, provided that necessary supports may extend through such clear space.
(d)
Be set back less than 20 feet from any property line, except that, if the average front setback of existing buildings within the same block is less than 10 feet, then the average setback so established shall be applied to such sign.
E.
Real estate and construction signs. Real estate and construction signs shall be set back at least three feet from any property line. Such signs shall have a maximum area of four square feet, except that subdivision signs shall have a maximum area of 24 square feet. Such signs shall not be illuminated in any residence district.
[Amended 9-9-2014 by L.L. No. 12-2014]
F.
General provisions.
(1)
The area of a sign shall be determined by the smallest rectangle that encompasses all of the letters or symbols that make up the sign, together with the area of any background of a color or material different from the general finish of the building, whether painted or applied.
(2)
The outlining by direct illumination of all or part of a building, such as a gable, roof, wall, side or corner, is prohibited, except for holiday display.
(3)
No flashing or moving signs, except time-and-temperature information, or rooftop signs shall be permitted in any district.
(4)
Illumination of signs shall be accomplished by means of a fully shielded light source mounted on top of or above the sign, directed downward and positioned or shielded so that the light source is not visible beyond the property lines, disturbs the vision of passing motorists or constitutes a hazard to traffic.
(5)
Temporary or permanent signs resting on or attached to vehicles shall not be used as a means to circumvent the provisions of this chapter.
(6)
No sign shall be so located as to detract from or obstruct historical buildings from public view.
(7)
Billboards are prohibited in all districts, except that the Village may establish special public information centers wherein directional signs for businesses which are approved by the Village Board of Trustees may be located.
(8)
No neon sign shall be permitted in any district.
(9)
Nothing contained in this chapter shall be construed to prohibit the Village or any other governmental agency from erecting and maintaining public signs deemed to be necessary in the public interest.
(10)
Any sign to be erected in any part of the Historic District shall be allowed only upon an express, affirmative finding of the Board of Historic Preservation and Architectural Review that said sign is consistent with the historic character of the area including historic materials and features.
G.
Procedures, permits and fees.
(1)
No sign shall be erected in the Village of Sag Harbor without first obtaining a permit from the Building Inspector and paying the required fee set forth in this section, except that a residence nameplate, street number, "for sale," "for rent," "beware" or "caution" sign not exceeding a gross area, inclusive of frame, of two square feet, elevated not to exceed two feet above existing natural grade, and accessory to a one- or two-family residential building, shall not require such a permit.
(2)
Applications for sign permits shall be made upon forms provided by the Building Inspector and shall include plans, specifications and other such information as the Building Inspector may require.
(3)
The Building Inspector shall determine that such proposed sign complies with all the requirements of this chapter and all other applicable laws and regulations of the Village of Sag Harbor before authorizing issuance of a sign permit. Nonconforming signs shall be designated as such on the sign permit issued.
(4)
No sign permit shall be issued prior to payment of the required fee. The fee for a sign permit application and for issuance of a sign permit shall be as established from time to time by the Board of Trustees.
(5)
Each sign shall be assigned a permit number.
(6)
Each sign for which a sign permit has been issued may be inspected for adequate maintenance, freedom from any hazardous condition and structural soundness. If such sign is found to be unsafe, the Building Inspector shall revoke the sign permit until such time as satisfactory adjustments have been made.
(7)
No existing sign shall be structurally altered, rebuilt, enlarged, extended, relocated or modified in any way except in conformity with the provisions of this section.
(8)
Any sign requiring a sign permit which does not have such a permit or which does not have a sign permit number shall be deemed to be an illegal sign under the provisions of this chapter. The Building Inspector shall cause a notice of such violation to be served on the owner of the building, structure or lot where said sign is located, or the lessee or tenant of the part of or of the entire building, structure or lot where said sign is located, requiring such owner or lessee or tenant to remove such illegal sign. Such notice may be served personally or by certified mail, return receipt requested. Persons found guilty of such violation shall be subject to a fine and/or imprisonment as set forth in § 300-17.6.
(9)
No sign other than a sign erected by a governmental agency shall be erected or placed within the right-of-way lines of a public street, and any such sign may be removed by the Building Inspector without notice to the owner.
§ 300-9.8 Lighting. [1]
[Amended 9-9-2014 by L.L. No. 12-2014; 4-13-2021 by L.L. No. 6-2021]
All exterior lighting installed, replaced, changed, repaired or relocated after the effective date of this article shall conform to the provisions established by this article.
A.
Residential standards.
(1)
Exterior lighting shall be designed, installed, and maintained to minimize glare and light trespass across property lines, into roadways (whether public or private), and waterways.
(2)
Irrespective of any other provision herein, all lighting on new construction for which a building permit is issued after the effective date of this chapter must be fully shielded. Building permit applications for exterior lighting shall include a drawing, photograph, or manufacturer's cut sheet, along with the installation mounting height from grade for each lighting fixture(s).
(3)
No light source shall be visible beyond the boundary of the property on which it is located, including from a body of water or roadway.
(4)
All lighting fixtures shall meet the specifications set forth herein and shall be aimed downward and installed as per the manufacturer's design and installation guidelines.
(5)
Up to two outdoor lighting fixtures per lot are exempt from the shielding requirements, provided that such exempt fixtures have a total light output of 900 lumens or less (60 watts incandescent or less), regardless of the number of light sources.
(6)
Residential landscape lighting shall not be controlled by dusk-to-dawn sensor(s) unless such lighting illuminates a walkway.
(7)
Holiday lighting is exempt from the above provisions, provided the output per light source does not exceed 200 lumens, and said lighting is installed between November 15 and January 15 and extinguished thereafter.
B.
Commercial lighting standards and requirements. Exterior commercial lighting, which is improperly designed, insufficiently shielded, or unnecessarily intense can have a detrimental effect on many of the qualities which the Village seeks to foster and protect. Therefore, in reviewing site plans the Planning Board shall consider the impacts of any proposed exterior lighting on public safety, adjacent property (especially residential property), the natural environment and the general appearance of the Village. To this end, the Planning Board is directed to apply the specific standards and requirements of this section to any proposed exterior lighting and distribute to all applicants the Village's Guidelines for Lighting Plans. The Planning Board shall have the power to vary or modify any standards or requirements, where appropriate, provided the Board finds that doing so will not negate the purposes of this section. The Board shall take into account the fact that not every aspect of a project will require lighting and that the use of alternatives to lighting should be encouraged, such as the use of reflective markers, pavement markings, signs or other nonilluminated measures to avoid the excessive or unnecessary use of lighting.
(1)
Location of light fixtures. All exterior light fixtures shall be located to avoid glare and the adverse effects of exterior lighting on nearby properties, especially residential property, roadways (whether public or private), and water bodies.
(2)
Mounting height. Light fixtures shall be mounted at the lowest practical height, taking into account the area to be illuminated and the relationship between the mounting height and the number of fixtures required to illuminate that area unless a greater mounting height is required by the nature of the use or the size of the structure (e.g., boat storage buildings, multiple-dwelling units and commercial garages); light fixtures shall not be mounted at a height greater than 12 feet above natural grade.
(3)
Prohibited light sources. The following types of light sources are prohibited:
(4)
Utility-pole-mounted lighting. Utility-pole-mounted lighting to illuminate private property is prohibited.
(5)
Shielding of light source. Full cutoff, fully shielded, or zero uplight light fixtures, as per the manufacturer's specifications, shall be used for all light sources in the Village. For purposes of this chapter, the terms "full cutoff," "fully shielded," and "zero uplight," when used in relation to lighting fixtures, shall be synonymous.
(6)
Landscape and facade lighting is discouraged. Landscape and facade lighting, while discouraged, shall be subject to site plan approval by the Planning Board, and such lighting shall be extinguished at the close of business but no later than 11:59 p.m. by automated shutoffs, provided such lighting is not necessary for safe pedestrian passage after business hours.
(7)
Automatic lighting controls. Installation of automatic lighting controls is required so that lighting is automatically extinguished during daylight hours. Motion sensors shall be aimed and adjusted such that lights are not triggered by motion off the property and shall only be installed and utilized on doorways and areas which are not open to the public but available for emergency access after close of business.
(8)
All lights are to be extinguished no later than 1/2 hour after close of business. "Dusk-to-dawn" sensors, without a shutoff control, are prohibited.
(9)
Light levels at the property line and 10 feet beyond shall not exceed 0.1 footcandle adjacent to property zoned for commercial use, and 0.05 footcandle at residential property boundaries.
(10)
ATM and bank property lighting shall conform to the shielding, Kelvin, and light trespass requirements herein to prevent glare and excessive lighting and shall not exceed illuminance values set forth in New York State Banking Law (4677-A). Existing lighting in violation of this subsection shall be retrofitted to conform to the maximum levels set forth herein on or before six months from the date of this local law as set forth herein.
C.
Flagpole lots. In the case of a flagpole lot, the front lot line used for the determination of lot width and the required front yard shall be one of the internal lot lines designated by the owner.
D.
Waterfront lots. In the case of a waterfront lot:
(1)
A waterfront lot line shall be considered the front lot line. The line opposite the front lot line shall be considered the rear lot line.
(2)
When a lot is formed by a waterfront lot line and a street right-of-way or easement line intersecting, such lot shall be considered a corner lot.
(3)
When a rear lot line is a street or right-of-way, the required rear yard setback for accessory buildings and structures shall be the same as the required rear yard for a principal building in the applicable district.
(4)
Lighting for residential docks shall consist of fully shielded fixtures that illuminate only the surface of the dock itself and do not exceed 0.2 footcandle in any location on the dock.
E.
Exceptions. The following types of lighting are exempt from the foregoing provisions:
(1)
Temporary lighting, as defined herein;
(2)
Lighting which the Village Board has expressly allowed in connection with a special event;
(3)
Flag up lighting, provided any such flag is not used for advertising purposes, and has a fixture as close to the pole as possible, and has a light source that emits a narrow beam of light. The light source must be recessed within a fixture with an opaque shield so that, as designed and installed, the light fixture projects all its light above the horizontal plane and is aimed directly at the flag. Pole-top-mounted "down" lighting is preferred. The light source shall not be visible across the property line or from public or private roadways and water bodies;
(4)
U.S. Coast Guard approved maritime navigational lighting and all temporary emergency lighting needed by fire, ambulance, or police departments, or other emergency services;
(5)
Municipal streetlighting, provided fully shielded replacements are not available in a similar design;
(6)
All essential lighting for municipal emergency facilities;
(7)
Marina-power-pedestal lighting, as defined herein, provided that the light source shall not exceed 2,700 Kelvin; and
(8)
Sign lighting in which the light source is not visible across property lines or into public or private roadways and waterbodies may employ a top-mounted RLM-type dish fixture, provided all other provisions herein are met.
F.
Enforcement and violations. Any violation of this subsection or any violation of the approval or the conditions of the approval related to lighting that is imposed by the Planning Board or the Board of Historic Preservation and Architectural Review shall be deemed a violation of this chapter punishable under the provisions of § 300-17.6, whether such violation is committed by the actions of the property owner or the installer. Either party may be held liable under this section.
G.
Legally preexisting and nonconforming lighting. In order to further the public health, safety, and welfare, and to provide lighting consistency throughout the Village, the following "sunset" provisions shall be implemented. The residential provisions shall become effective upon adoption of this law and the commercial provisions shall become effective six months from the date this law is adopted, unless otherwise specified.
(1)
Residential.
(a)
Upon repair, replacement, or relocation of any exterior lighting, such lighting shall conform to the standards provided herein.
(b)
Upon re-lamping (i.e., changing the light fixture/bulb), the maximum lumens per doorway on a structure for unshielded residential lighting shall not exceed 900 lumens (approximately the equivalent to a 60-watt incandescent light bulb), regardless of the number of light sources or fixtures.
(c)
Upon re-lamping of any outdoor light fixture, the Kelvin for such light source shall not exceed 2700.
(d)
Upon re-lamping of any unshielded nonessential fixture, including foliage lighting and stanchion light fixtures, the light source shall not exceed 400 lumens (equivalent to approximately 40 watts incandescent) per fixture.
(e)
Nonessential lighting shall not be controlled by a dusk-to-dawn sensor. Any existing sensors shall be removed.
(2)
Nonresidential and municipal lighting. Compliance with the following provisions shall be required for commercial structures within six months from the date this law is enacted.
(a)
All legally preexisting and nonconforming exterior lighting shall be extinguished one-half hour after the close of business, exclusive of motion-sensor-activated light fixtures, provided such fixtures are not illuminated as a result of activity off the property, with the exception of lighting that illuminates public walkways.
(b)
ATM and lighting for lending institutions shall conform to the shielding and light trespass requirements herein and shall not exceed the illuminance values set forth in the NY State Banking Law (4677-A).
(c)
Lighting mounted on a utility pole which is intended to illuminate private property, and which does not meet the shielding, Kelvin, light trespass and shut-off provisions herein, shall be removed, including the pole itself if its use is dedicated to mount such light fixture.
(d)
Mercury vapor light fixtures shall be removed.
§ 300-9.9 Surface water runoff.
[Added 4-14-2015 by L.L. No. 6-2015]
It shall be a violation of this chapter, subject to the penalties set forth in § 300-17.6, to create or maintain any condition that causes, permits, allows, facilitates or contributes to a detriment to adjoining properties, including, without limitation, public and private roads, caused by erosion, flooding or diversion of surface, ground, or floodwaters.
§ 300-9.10 Gross floor area for certain residential dwellings in R-20 and OD Districts.
[Added 4-21-2016 by L.L. No. 5-2016; amended 3-29-2017 by L.L. No. 7-2017]
A.
Maximum gross floor area in the R-20 and OD Districts.
(1)
The gross floor area of any one-family detached dwelling shall not exceed the permitted gross floor area calculated as follows:
(a)
Lots of 6,250 square feet or less: 2,500 square feet gross floor area.
(b)
Lots greater than 6,250 square feet and less than 25,000 square feet: 2,500 square feet gross floor area plus (lot area minus 6,250 square feet) times (0.08).
(c)
Lots 25,000 square feet or greater: 4,000 square feet gross floor area plus (lot minus 25,000 square feet) times (0.08). In no case shall the gross floor area exceed 7,000 square feet.
[Amended 6-13-2017 by L.L. No. 9-2017]
(3)
In the case of two or more dwelling units legally existing on the same lot, the gross floor area of all dwellings shall be the cumulative total gross floor area of all dwellings on the lot.
(4)
In determining maximum lot coverage, whether under the gross floor area requirement or the percentage of lot coverage restriction in this article, the more restrictive requirement or standard shall apply.
(5)
These provisions shall apply in the R-20 and OD Districts.
B.
The provisions of this section shall also apply to:
C.
The provisions of Subsection A of this section shall not apply to a residential one-family or two-family detached dwelling or two or more dwelling units legally existing on the same lot which are nonconforming uses in a zoning district other than R-20 or OD. In such cases, the nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 100% of the gross floor area of such legal preexisting nonconforming dwelling use.
§ 300-9.11 Supplemental use and dimensional regulations.
[Added 3-9-2021 by L.L. No. 1-2021; amended 2-13-2024 by L.L. No. 2-2024]
§ 300-9.12 Accessory apartments in the R-20 Zoning District.
[Added 6-14-2022 by L.L. No. 13-2022; amended 6-13-2023 by L.L. No. 5-2023; 11-14-2023 by L.L. No. 10-2023; 6-10-2025 by L.L. No. 7-2025]
A.
Allowance. Accessory apartments in the R-20 District shall be permitted pursuant to this section, provided that any such use complies with the requirements of this section and a permit is issued hereunder.
B.
Occupancy requirements.
(1)
Owner occupancy required. The owner or owners of the lot upon which the accessory apartment is located shall reside within the principal dwelling or the accessory apartment, and said dwelling or apartment shall be considered the owner's domicile or principal place of abode. No other owner or owners shall own a larger percentage, collectively or individually, than the owner-occupant.
(2)
Occupancy. Occupancy of any accessory apartment or principal dwelling under this section shall be given to: (i) the owner of the residence; (ii) affordable workforce housing income occupants (as defined in Village Code Chapter 150); or (iii) a family member of the owner. Priority also shall be given to those persons who otherwise already qualify and work in or for the Village of Sag Harbor, the Village of Sag Harbor Ambulance Corps, Police Department, or Fire Department.
C.
Incentives.
(1)
Approval of a new accessory apartment shall qualify the owner of premises to a waiver of any sewer rent in a sum equal to the percent of space at the premises used and occupied by any such accessory apartment(s).
D.
Standards applicable to all accessory apartments.
(1)
Yield. No lot or parcel of land in the R-20 District shall be improved with more than one accessory apartment.
(2)
Location. Accessory apartments shall be permitted within the principal dwelling or in accessory structures pursuant to the standards set forth herein. Any accessory apartment that is located within the principal dwelling shall occupy no more than 40% of the principal dwelling's habitable area.
(3)
Bedrooms. In no event shall the number of bedrooms in an accessory apartment exceed two bedrooms.
(4)
Exterior appearance. Any entryway or other exterior feature of a principal dwelling in the R-20 District with an accessory apartment shall be designed and maintained so as to appear as a single-family dwelling to the extent reasonably feasible.
(5)
Off-street parking. Any applicant hereunder shall in good faith seek to provide at least one off-street parking space for any such accessory apartment, but no off-street parking spaces shall be required for an accessory apartment hereunder.
(6)
Code compliance. Any accessory apartment shall be improved and maintained in compliance with the Village Code as outlined herein, the New York State Fire Prevention and Building Code and the Suffolk County Sanitary Code. No violations of the Village Code shall exist at the time of application for an accessory apartment, or any renewals thereof. The Building Inspector shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected.
(7)
Inspection. As a condition of approval of any permit for an accessory apartment, the applicant or its designated, authorized representative shall authorize the Building Inspector and/or Fire Marshal to make or cause to be made inspections, upon reasonable notice, to determine the condition of the dwellings and compliance with the provisions of this section to safeguard the health, safety and welfare of the public.
E.
Conversion of existing accessory structure to accessory apartments.
(1)
When converting an existing accessory structure to an accessory apartment, the following standards must be met:
(a)
Legally existing, preexisting, nonconforming accessory structures may be converted to an accessory apartment provided it meets the New York State Fire Prevention and Building Code and the Suffolk County Sanitary Code. Conversion to an accessory apartment or adding an accessory apartment represents a conforming use and shall not result in an increase in the degree of nonconformity pursuant to § 300-10.2C; and
(b)
Size. Accessory apartments constructed within converted, existing accessory structures shall have a minimum gross floor area of 280 square feet and shall have a maximum gross floor area of no more than 40% of the size of the principal dwelling.
F.
Construction of new accessory apartment.
(1)
When constructing a new accessory structure for an accessory apartment, the following standards must be met:
(a)
Newly constructed accessory apartments are permitted provided they meet the provisions set forth in the Village Code, including but not limited to all dimensional regulations, the New York State Fire Prevention and Building Code and the Suffolk County Sanitary Code; and
(b)
Any proposed accessory apartments that do not meet the standards in the zoning code for the Village of Sag Harbor must be appealed to the Zoning Board of Appeals for variances pursuant to Village Code § 300-12.5B.
(c)
Size. Accessory apartment size. Notwithstanding Village Code § 300-9.1B(6), an accessory apartment, constructed in a detached accessory structure, shall have a minimum gross floor area of 280 square feet and a maximum gross floor area of 600 square feet. An attached or internal accessory apartment shall have a minimum gross floor area in compliance with the New York State Fire Prevention and Building Code and a maximum gross floor area of no more than 40% of the primary residence.
G.
Duration. Any rental permit for an accessory apartment shall be for a period of two years. At the time of any such renewal, the applicant shall provide a statement attesting to the efforts that have been made to comply with the occupancy requirements in § 300-9.12B herein.
H.
Transferability. Any rental permit for an accessory apartment may be transferred by an owner of the principal dwelling to a successive owner of the principal dwelling, provided that written notice including the name and mailing address of the successive owner is given to the Building Inspector by the permit holder, and in no event may any interest of a tenant of an accessory apartment be transferred to a third-party tenant. No accessory apartment may be sublet.
I.
Applications for permits hereunder shall be reviewed and approved or denied by the Building Inspector.
J.
Applications. All applications shall be in forms on file with the Building Department. Any application shall include:
(1)
An application to the Building Department for preapproval of occupancy and use, together with plans by a licensed design professional and any such other plans, documents or surveys required by the Building Department, an application to the Building Department for all necessary building permits for an accessory apartment permit.
(2)
Suffolk County Department of Health Services approval is required.
(3)
The Building Inspector may require the applicant to submit supporting documents, including but not limited to floor plans, surveys, photographs, and/or exterior renderings.
(4)
The application for the transfer of an accessory apartment rental permit to a subsequent property owner shall be completed on such forms and in such a manner as prescribed by the Building Inspector.
(5)
Only the owner of the residence may apply for this building permit and shall execute covenants and restrictions as a condition of approval. Said covenants shall be recorded in the Suffolk County Clerk's office prior to the issuance of a certificate of occupancy and shall constitute a covenant running with the land. The covenants and restrictions shall ensure the following, and the Village may require additional conditions to be stated in the covenant at its discretion:
(a)
The principal dwelling or the apartment is the domicile of all tenants therein.
(b)
Occupancy of any accessory apartment or primary residence under this section shall be given to (i) the owner of the primary residence; (ii) affordable workforce housing income occupants (as defined in Village Code Chapter 150); or (iii) a family member of the owner.
(c)
The apartment or any proprietary or other interest therein will not be sold to the tenant or any other party, except as part of a sale of the entire residence in which the apartment is located.
(d)
All leases of the rental apartment shall be in writing and made available to the Village Building Department upon request and shall be for a minimum of a one-year term and may not be sublet.
(e)
Proof of income of the tenant shall be produced in writing and made available to the Building Department upon request, or where the tenant is a relative of the owner, proof of income shall not be required and a notarized affidavit of proof of tenancy may be submitted in lieu of a lease for approval by the Building Department/Director of Housing prior to the issuance of an accessory apartment permit.
(f)
The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom.
(g)
Any other conditions deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community and to ensure minimal impact on the neighborhood structure are met.
(6)
The applicant is required to file a form stating that the subject dwelling(s) shall conform with all requirements of this section, all applicable provisions of the Code of the Village of Sag Harbor, Suffolk County Sanitary Code and New York State Uniform Fire Prevention and Building Code. The applicant will be required to meet pertaining standards within 180 days of the building permit, or the accessory apartment permit will become null and void.
(7)
The application shall include three current surveys of the premises, a copy of a current certificate of occupancy, a list of all property owners within 200 feet and a copy of the applicant's deed.
K.
Revocation. The Building Inspector shall retain the right to revoke any certificate of occupancy for an accessory apartment issued hereunder should the applicant or applicant's tenant violate any provision of this section, any condition imposed upon the issuance of the certificate of occupancy, or violation of the provisions of the Code of the Village of Sag Harbor. As an alternative to revocation, the Building Inspector may continue the certificate of occupancy on a probationary basis and, in such event, the Building Inspector may revoke the certificate of occupancy without further notice to the applicant or tenant upon continued violation of any provision of this section, any condition imposed upon the issuance of the certificate of occupancy, or violation of the provisions of the Code of the Village of Sag Harbor.
L.
After a certificate of occupancy is issued for an accessory apartment, should the property owner or subsequent owner wish to eliminate the accessory apartment, all incentives granted to the property owner for establishing the apartment shall be revoked immediately and all indicia of habitable space shall be removed from the accessory apartment, including but not limited to bathrooms, kitchens, bedrooms or sleeping quarters.