Sag Harbor City Zoning Code
ARTICLE XV
Waterfront Overlay District 1
§ 300-15.1 Intent.
A.
As stated in Village Code § 300-1.2B, the Board of Trustees finds that the "Village of Sag Harbor is uniquely situated on a navigable arm of Peconic Bay and tributaries thereof. As a result of its unusually extensive water frontage development, it is of necessity closely related to valuable marine environmental resources. Preservation and enhancement of these marine resources will continue to be important in the Village's future. The Village has a long history beginning with its settlement in the early 18th century and development soon thereafter as a major port. It has an unusually rich and varied architecture and an environment reflecting its development stages."
B.
The Sag Harbor Waterfront Overlay is adopted to advance the objectives of the Sag Harbor Comprehensive Plan through standards that guide the relationship between building facades and the public realm and protect against over-development on the waterfront. These standards enact the following intents: (i) protect and enhance the unique and eclectic character of the Village; (ii) preserve and enhance public views of the waterfront and provide continuity of access directly to the water; (iii) encourage a diversity of scales, architectural styles, and materials which respects the historical character and gives the Village its authentic and unique nature; (iv) continue to support a mixture of local industrial, commercial, water-dependent businesses, and residential uses; (v) enhance streetscaping and the pedestrian environment; (vi) establish a level of development appropriate for a waterfront location; and, (vii) incorporate strategies to minimize adverse impacts on groundwater and surrounding surface waterbody quality.
§ 300-15.2 Permitted and special exception uses.
§ 300-15.3 Waterfront Overlay District standards.
A.
Lands to which this article applies. This article shall apply to all areas of land shown on the map entitled "Proposed Zoning Map Amendments," dated December 2, 2021, prepared by Nelson Pope and Voorhis.
B.
Interpretation and conflict with other laws. In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
C.
Definition of waterfront in the WFOD.
(1)
Lot, waterfront. A lot that abuts a water body; a lot that abuts a park that abuts a water body; and a lot that abuts an easement, private road, private accessway right-of-way, or flag (to a current or former flag lot) that abuts a water body or park that abuts a water body, as set forth in the diagram below.
[Amended 4-11-2023 by L.L. No. 3-2023]
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D.
Height/stories.
[Amended 4-11-2023 by L.L. No. 3-2023]
(1)
The permitted height of structures on waterfront lots in the WFOD shall be 25 feet as measured from street or lowest grade on-site, whichever is less with a maximum of two stories.
E.
Setbacks. On waterfront properties located in the WFOD, the required waterfront yard setback for principal structures shall be a minimum of 30 feet from the mean high water line.
F.
Accessory structures shall not be permitted in view corridors and/or public access areas.
G.
Waterfront visual access. Provision of open viewsheds at ground level to provide water view from public streets and surrounding properties. The provision of visual access yards shall be provided on all properties fronting on the waterfront or on waterfront parks. The minimum visual access yard shall be 20% of the lot width, but no less than 15 feet in width for any individual lot. The visual access yard shall not be obstructed with visual barriers (including, but not limited to, landscaping, fencing, accessory structures) and shall not be used for parking or loading spaces. Where a property is located opposite a publicly owned property or public roadway, the visual access yard shall be provided to provide views from same.
H.
Floodproofing. For buildings within a flood zone, dry floodproofing of the ground floor and maintenance of existing grade is required in lieu of raising the ground floor elevation.
I.
Mechanical equipment.
(1)
Roof-mounted mechanical equipment must be fully screened from view at ground level on all sides of the structure and, to the extent practicable, from adjacent buildings of similar height. Such mechanical equipment must be set back a distance of 1 1/2 times its height from the facade and must not occupy more than 20% of the total area of the roof. Screens must be of durable, permanent materials and be constructed to a height of at least one foot above the height of the mechanical equipment. Mechanical equipment must be the minimum height necessary to perform its proper function. No mechanical equipment may be greater than five feet in height above the roof surface, except where the Planning Board has affirmatively approved such additional height with a specific reference in the site plan approval. Where permitted, solar installations may occupy more than 20% of the total area of the roof.
(2)
Ground-mounted mechanical equipment must be screened with a fence, wall, or dense evergreen hedge, so that no portion is readily visible from any public right-of-way. If ground-mounted mechanical equipment is screened by existing structures, fencing, or landscape, this requirement will be deemed to have been met. No mechanical equipment may be located in a waterfront yard or visual access yard.
(3)
Vents, air conditioners, and other utility elements, except where such elements are enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer, are prohibited as part of a front or corner side facade, or of a facade facing a waterfront yard or visual access yard.
(4)
Any existing mechanical equipment, which was lawfully established prior to the adoption of this overlay, will be considered conforming, and may be repaired and replaced in-kind.
J.
Refuse areas. The storage of refuse and recyclables must be provided inside a fully enclosed building or within an outdoor area enclosed by walls or opaque fencing. Any refuse area located outside of a fully enclosed building must be sited as follows:
(1)
Refuse areas, including dumpsters and garbage cans, must be located in the rear yard adjacent to the principal building. No refuse area may be located in a waterfront yard or visual access yard.
(2)
Refuse areas must be screened by a fence or enclosure of at least six feet in height on all sides, or as necessary to conceal any dumpsters or other refuse structures. Enclosures must remain locked and closed, except when in use.
K.
Residential uses. No residential uses shall be permitted on waterfront lots within the VB or OD Districts within the WFOD.
L.
All development shall comply with Suffolk County Sanitary Code and Chapter 220, Sewers, of the Village Code. Where extension of a sanitary sewer service area or new connection is required, all costs shall be the responsibility of the applicant.
M.
All development shall manage stormwater on-site in accordance with New York State and Suffolk County guidelines, and may not impact adjoining property owners or public lands. If on-site management is not practical or if the property is within the flood plain, the applicant will be responsible for the cost to extend and if needed, improve the storm sewer system, and provide on-site pretreatment prior to discharge as required.