Sagaponack City Zoning Code
ARTICLE V
Use and Dimensional Regulations
§ 245-32 Tables.
The use and dimensional requirements mandated in all districts shall be as set forth in the tables included at the end of this chapter.[1]
[1]
Editor’s Note: For use and dimensional requirements for cluster developments, see § 245-71I.
§ 245-33 Minimum and maximum floor area requirements.
[Amended 10-15-2007 by L.L. No. 26-2007; 1-14-2008 by L.L. No. 2-2008; 12-13-2010 by L.L. No. 10-2010; 3-18-2013 by L.L. No. 3-2013; 2-18-2014 by L.L. No. 2-2014; 2-15-2023 by L.L. No. 3-2023; 9-17-2025 by L.L. No. 1-2025]
A.
Minimum floor area (square feet).
Required Lot Area per Dwelling Pursuant to Zoning District | 1-Story Building or First Floor | 1 1/2- or 2-Story Building Combined 2-Floor Total |
|---|---|---|
R-40 | 800 | 1,200 |
R-80 and R-120 | 1,000 | 1,400 |
B.
Maximum floor area.
(1)
The gross floor area of any dwelling shall not exceed the maximum permitted floor area ratio calculated as follows:
(a)
Lots of 40,000 square feet or less: 2,000 square feet gross floor area plus (lot area minus 10,000 square feet times 0.100) equals maximum gross floor area.
(b)
Lots greater than 40,000 square feet and less than 80,000 square feet: 5,000 square feet gross floor area plus (individual lot area minus 40,000 square feet times 0.050) equals maximum gross floor area.
(c)
Lots 80,000 square feet or greater: 7,000 square feet gross floor area plus (individual lot area minus 80,000 square feet times 0.0325) equals maximum gross floor area, except as limited hereinbelow.
(2)
In determining the maximum permitted floor area ratio, the following shall apply:
(a)
Lot area shall include all of that area of a lot which is within the definition of "lot, area of" as defined in this chapter.
(b)
Gross floor area shall be that area in square feet of all floor levels of any dwelling measured to the exterior of the outside walls. Gross floor area shall not include:
[1]
Unroofed decks, unroofed patios, open terraces, tennis courts, unroofed and unenclosed swimming pools, unroofed and unenclosed porches and basements, cellars and attics.
[2]
Any first floor space used for the placement and location of mechanical (heating, ventilation, air conditioning and water pumps) systems, not in excess of 200 square feet, provided that regulatory provisions or local flooding conditions prohibit placement of these systems below the first floor.
[3]
Roofed garages and other roofed storage areas attached to the dwelling, and any detached roofed accessory buildings and structures except that the total floor area of all the aforesaid attached and detached structures, when added to the gross floor area of the dwelling, shall not exceed 115% of the maximum permitted gross floor area of the dwelling.
[4]
Any structure typically consisting of parallel colonnades supporting an open roof of girders and cross rafters or a frame structure typically consisting of posts with a latticework roof, in either case commonly referred to as a pergola, shall not be included in gross floor area calculations if the total lot coverage area for all pergolas on the lot, when measured from their outermost edge is less than or equal to 300 square feet and its height is less than or equal to 10 feet above grade. Any excess in the lot coverage of the total pergolas greater than 300 square feet and any portion of any pergola in excess of 10 feet in height shall be included in gross floor area calculations as if it were a roofed accessory building and subject to the limitations of Subsection B(2)(b)[3] above.
[5]
Porches in the front-yard that are roofed, measure no more than 140 square feet, and are unenclosed from the sides with no doors, windows, patio sliders, or any other fenestration. Screening shall be permitted. All other porches that are roofed and unenclosed but do not meet the foregoing criteria shall be subject to the limitations of Subsection B(2)(b)[3] above.
(c)
Any interior space with a floor-to-ceiling height in excess of 15 feet shall be counted twice.
(d)
Any attics with a ceiling height of seven feet or greater shall be included as gross floor area.
(3)
Notwithstanding the provisions set forth above, in no event shall the gross floor area of any dwelling exceed 12,000 square feet, and in no event shall the total gross floor area of the dwelling and all attached and detached roofed structures exceed 13,800 square feet.
(4)
In determining maximum lot coverage, whether under the floor area ratio requirement or the percentage of lot coverage restriction in this article, the more restrictive requirement or standard shall apply.
(5)
By way of illustration, if the lot area is 72,360 square feet, the maximum gross floor area is 6,618 square feet (72,360 minus 40,000 equals 32,360 times 0.050 equaling 1,618 plus 5,000 or 6,618 square feet), allowing up to an additional 993 square feet (15% of 6,618 equals 993) for other attached and detached roofed structures, yielding a potential total of 7,611 square feet (6,618 plus 993) for structures that could be under roof or more than 12 inches above grade.
C.
Unbuilt gross floor area. Any provision herein to the contrary notwithstanding, to the extent that a dwelling does not equal and is less than the maximum floor area permitted under Subsection B above, then in such event all or part of said unbuilt gross floor area may be used to enlarge attached and detached structures described above in § 245-33 B(2)(b)[3], provided that any such structure enlarged by said unbuilt gross floor area is in resultant design and use a customary, incidental, subordinate and typical accessory building and/or structure and/or use and provided further that any such application of unbuilt gross floor area shall correspondingly limit any later enlargement of the dwelling.
§ 245-34 Placement of accessory buildings and uses in all districts.
A.
Accessory off-street parking areas shall not be located in a required front yard or side yard and shall be not less than 10 feet from any property line in a required rear yard.
B.
No commercial vehicle, boat or boat trailer or any similar equipment shall be parked in any front yard or in any required side yard or within 10 feet of any property line in a required rear yard.
C.
The height of any accessory building or other structure shall not exceed 20 feet.
D.
Accessory buildings or other structures to be located or constructed in a required rear yard shall not occupy more than 20% of such required rear yard.
[Amended 12-17-2012 by L.L. No. 4-2012]
E.
A residential storage shed shall be permitted in the rear yard of a lot if it meets the rear and side yard setbacks for accessory structures. Residential storage sheds that are located on lots 80,000 square feet and less in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of 20 feet. This relief shall be granted for one residential storage shed per lot.
F.
A deck, unroofed steps, patio, or terrace abutting or attached to a principal dwelling shall be subject to accessory structure setbacks, with the exception of distance from street regulations.
G.
Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than five feet from the main building.
H.
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.
I.
No accessory building 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. This restriction shall not apply to agricultural or farm buildings.
J.
Accessory buildings and structures, including private garages, shall not be placed within a required front yard, a required side yard nor the total required side yard for a principal building, except as allowed elsewhere in this chapter.
K.
The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted.
L.
All accessory buildings, structures or land used for agriculture or animal husbandry shall conform to the provisions of § 245-35 of this chapter.
M.
The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses or farm livestock on the premises shall conform to the provisions of § 245-35.
N.
Outdoor wood-fired boilers are prohibited in all districts.
O.
Any structure designed and constructed to resist the lateral pressure of soil when there is a desired change in ground elevation that exceeds the angle of repose of the soil, commonly described as a retaining wall, shall be an accessory structure subject to accessory structure setbacks as set forth in the Table of Dimensional Regulations[1] and in no event shall exceed a vertical dimension of three feet measured from the average elevation of the existing natural grade before any fill is placed thereon.
[Added 7-19-2010 by L.L. No. 4-2010]
[1]
Editor’s Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
P.
All generators, air conditioning equipment, compressors, pool equipment and similar noise-producing equipment, to the extent reasonable, shall be enclosed so as to attenuate noise to the maximum extent. All such equipment generating heat shall be enclosed on at least three sides, including any side facing an adjacent parcel, and all other equipment shall be enclosed on all sides and shall include a roof. The determination of reasonableness shall be within the discretion of the Building Inspector and shall attenuate noise to the maximum extent feasible. This subsection shall not apply to farm equipment or temporary placement or use of generators at a time of emergency.
[Added 9-19-2011 by L.L. No. 10-2011; amended 11-21-2011 by L.L. No. 11-2011]
Q.
A heliport or helipad or use of land for the taking off or landing of helicopters, except in a legitimate emergency, is not an accessory use and is prohibited.
[Added 1-20-2015 by L.L. No. 2-2015]
R.
The installation or maintenance of amplifiers, loudspeakers or other machines or devices capable of amplifying or reproducing sound in the exterior of any premises is prohibited.
[Added 9-21-2015 by L.L. No. 6-2015]
S.
Construction of new pickleball courts, or conversion of any playing courts or tennis courts for playing pickleball, shall be subject to the following standards:
[Added 5-18-2022 by L.L. No. 4-2022]
(1)
Pickleball courts are only permitted in R-80 and R-120 Residence Zones.
(2)
New stand-alone pickleball courts shall be:
(a)
Setback 60 feet from the nearest property line and must be sunken at least four feet when measured from the lowest adjacent existing grade; and
(b)
Must be surrounded on three sides by a six-foot sound-attenuation wall, placed no further than 10 feet from the edge of the court, constructed of a minimum of ¾-inch solid boards, and with the middle section of the wall on the court side closest to the nearest adjoining property line.
(3)
Conversion of an existing tennis court to a pickleball court shall be permitted:
(a)
If the court is at least four feet below grade, a solid noise barrier of at least ¾ inch thick, six feet high must be installed along the length of the two sides of the court closest to property lines; and
(b)
If the court is at grade, a solid noise barrier at least ¾ inch thick, eight feet high must be installed along the length of three sides of the court, with the middle section of the wall on the court side closest to the nearest adjoining property line.
(4)
At the discretion of the Building Inspector, AcoustiFence or a similar product with at least the same dbA noise-reduction impact may be used in lieu of the solid fencing required in Subsection S(3)(a) or (b) above as long as the height from the court surface is at least eight feet and the AcoustiFence covers three sides.
T.
Construction of new tennis courts and playing courts, other than pickleball courts, shall be subject to the following standards:
[Added 5-18-2022 by L.L. No. 4-2022]
(1)
Playing courts require 150% of accessory structure setbacks. Any provision foregoing to the contrary notwithstanding a tennis court which is sunken at least four feet measured from the lowest adjacent grade and includes an acoustic barrier and is issued a permit by the Board of Trustees shall not be subject to a 150% setback.
§ 245-35 Agriculture and animal husbandry.
A.
The following shall apply to the keeping of animals in all forms, except the keeping of animals as household pets:
(1)
Animal husbandry shall only be permitted on sites of seven acres or more.
(2)
All shelters provided for livestock, fowl or fur- and wool-bearing animals shall be at least 150 feet from any street line and 200 feet from any other property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard.
(3)
The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem.
B.
In order to minimize soil erosion and optimize use of water, fertilizer and crop protectants, agricultural practice should adhere to best management practices as periodically revised by the Cornell Cooperative Extension Service.
C.
Any provision to the contrary notwithstanding the keeping of chickens and bantams by a special permit issued by the Board of Trustees shall not be deemed animal husbandry and shall be allowed subject to the following conditions:
[Added 2-18-2014 by L.L. No. 5-2014]
(1)
The number of chickens or bantams shall not exceed six per 20,000 square feet of lot area, in no event more than 18 on any parcel;
(2)
Commercial sale of any chicken, bantam or poultry product is prohibited;
(3)
Roosters are prohibited;
(4)
Any coop structure, exclusive of an outdoor pen, shall not exceed 200 square feet or 10 feet height, shall be located in a rear yard only and shall maintain a setback to any side or rear yard line of not less than 30 feet;
(5)
Any outdoor area used by chickens or bantams shall be fenced so as to prohibit harm to the chickens or bantams and so as to limit the chickens or bantams to within the fenced area or if the parcel at which any coop structure is located is fenced at its perimeter or otherwise then so as to limit the chickens or bantams to said fenced area; and
(6)
Any application for a special permit under this subsection shall require the applicant to mail by certified mail a notice of said application, including a plot plan showing any coop or other structure and fenced areas to each bounding neighbor at least 14 days prior to any hearing on said application.
§ 245-36 Farm stands.
A.
It shall be unlawful to sell at retail crops and other farm-related products at a farm stand exceeding 30 square feet in area unless the farmer-operator shall apply for and receive a permit from the Building Inspector.
B.
The application for a farm stand permit shall contain:
(1)
A written statement describing and listing all crops grown by the farmer applicant which will be eligible for sale at the farm stand and a list of all products intended for sale at the farm stand; and
(2)
An informal site plan, sketch or survey of the lot on which the farm stand is to be located, depicting the location and setbacks of all buildings and other structures, displays, signs, off-street parking areas, driveways and other significant natural or man-made features within 100 feet of the farm stand.
C.
The Building Inspector may issue a permit for the retail sale of crops and other farm-related products for a maximum period of nine successive months in any twelve-month period; the permit shall state its expiration date.
D.
A farm stand shall only be an accessory use to the growing of crops by the farmer applicant consisting of field crops, fruits, vegetables and cut flowers on a lot or lots located in the Village aggregating no less than 10 acres where all of the lots are part of a single agricultural operation under the control of the farmer applicant.
E.
A farmer applicant may sell supporting farm products and farm products not grown by the farmer applicant from a farm stand, provided that the total area of the farm stand devoted to the sale of such products does at no time exceed 20% of the combined area of such products and the area devoted to the sale of products grown by the farmer, and the portion of the farm on which the farm stand is located shall be no less than three acres. Supporting farm products include baked goods, eggs, cheese and milk, preserves, syrup, salad dressing, juice, tropical fruits, prepackaged snacks, chips and cookies. Supporting farm products shall not include prepackaged grocery items, other dairy products, meats or other perishable items, the sale of which is expressly prohibited at a farm stand. In the event of an unanticipated crop failure arising solely by reason of force majeure, substitute products otherwise the same as those customarily grown by the farmer but purchased elsewhere may be sold from a farm stand.
F.
Farm stands shall comply with the following requirements:
(1)
All farm stand buildings, structures and displays shall be set back no less than 10 feet from the edge of pavement. In no case shall any part of the farm stand buildings, structures and displays encroach on the public right-of-way. Such farm stands shall be an open walled structure not exceeding 600 square feet of display area.
(2)
An area shall be provided for informal parking of at least five vehicles no less than 10 feet from the edge of the pavement.
(3)
A vehicle not exceeding 6,000 pounds' net weight or a typical farm wagon may be utilized as a permitted farm stand but not any part of a vehicle customarily known as an "over-the-road tractor-trailer."
(4)
A farm stand may have no more than two temporary ground identification signs for the term of its permit. Such signs shall:
(a)
Not exceed 12 square feet in area and six feet in height from the ground;
(b)
Be located on the same lot as the farm stand not more than 150 feet from the intersection point of the front property line and a line perpendicular thereto to the farm stand;
(c)
Not be illuminated or create a hazard to traffic; and
(d)
Be removed when the farm stand closes for the season or when the permit expires if requested by the Village Board.
(5)
Nothing herein shall preclude the temporary use of a legally existing agricultural accessory building on a farm for the retail sale of crops and other farm-related products, provided that said building is set back no less than 10 feet from the edge of pavement. The farm stand shall only be permitted in a preexisting agricultural accessory structure that has been duly issued a certificate of occupancy or a certificate of compliance for an agricultural-related use prior to January 1, 2005, or a duly issued certificate of occupancy for said use by virtue of preexisting status.
(6)
A farm stand shall only be for the use of the farmer applicant and his immediate family. In the event that such farm stand is used by any other person, company, corporation, business or commercial entity, whether rented, leased or permitted in any other way by the farmer applicant, such a use shall not be deemed an accessory use and shall be deemed a violation of this article.
(7)
The farmer applicant shall remove all temporary buildings, structures and signs erected under the farm stand permit within 10 days of the closing of the farm stand or expiration of the permit. The farmer applicant's failure to remove the farm stand and temporary ground identification signs after the expiration of the temporary permit shall be deemed a violation of this article.
(8)
A farmer-operator may apply for the renewal of a farm stand permit, provided that such renewal will only be granted following a determination by the Building Inspector that the farmer applicant has operated the farm stand during the prior permit period in compliance with the requirements of this article and all other standards, codes, rules and regulations applicable to a farm stand.
§ 245-37 (Reserved) [1]
[1]
Editor's Note: Former § 245-37, Lot area, was repealed 3-18-2013 by L.L. No. 3-2013.
§ 245-38 Rear yard lot coverage.
[Amended 12-17-2012 by L.L. No. 4-2012]
Accessory buildings and/or structures, including swimming pools and tennis courts, to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 20% of such required rear yard. The total lot coverage shall not exceed the maximum lot coverage as described in the Table of Dimensional Regulations.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is located at the end of this chapter.
§ 245-39 Lot width.
The minimum road frontage of a lot at the street line shall be at least 40 feet in all districts, and also in the case of approved flagpole lots where the minimum road frontage at the street line shall be at least 20 feet, and this minimum shall apply along the entire length of the flagpole.
§ 245-40 Lot setbacks.
§ 245-41 Yards.
A.
The following accessory structures may be located in any required front or rear yard:
C.
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 ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches. Exterior cellar entrances, commonly known as "bilco doors," shall not encroach more than four feet into the required rear yard and shall not encroach at all into any other required yard.
D.
Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
E.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F.
In all residence districts, where an approving authority having jurisdiction has authorized a wetlands permit for a principal building requiring relief from the minimum required yards restrictions, a required yard of such proposed principal building may be reduced up to 50% by the Planning Board; provided, however, that any such reduced front or rear yard shall not be less than 30 feet, and any such reduced side yard shall not be less than 10 feet, and, where the administrator under the Coastal Erosion Hazard Act local law,[1] has authorized a coastal erosion management permit requiring similar relief, a required front yard setback measured from an existing street or property northerly line paralleling the ocean may be reduced by the Planning Board to not less than 30 feet. The relief herein shall only be the minimum necessary to achieve the maximum practicable buffer zones required under the Coastal Erosion Hazard Act local law.
§ 245-42 Height.
A.
Except for chimneys as part of a dwelling and barns or silos to be used directly and solely for agricultural production, no building or other structure shall exceed the maximum permitted height of 32 feet, including but not limited to any private radio or television antenna, mast, flagpole or tower.
B.
Pyramid law.
[Amended 2-15-2023 by L.L. No. 1-2023]
(1)
For the purpose of this chapter, when determining the pyramid of a building or other structure it shall be measured as follows:
(a)
All buildings or other structures on any lot in any district must be set back from all property lines so that the height of any point of the building or other structure is not greater than the horizontal distance of the point from the nearest property line at grade to the building or other structure at that location.
(b)
All buildings or other structures on any lot in any AE or VE Zone as shown on the applicable Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency for the Village of Sagaponack, the elevation for the application of the pyramid law will be existing grade plus two feet at the property line.
(2)
Notwithstanding any language in this subsection, the maximum height limitation for a building or other structure in the Table of Dimensional Regulations at the end of this chapter shall not be exceeded at any point unless the structure is one exempted under Subsection A hereof. An illustration depicting a typical elevation view showing the control of height of buildings and structures under this subsection is included at the end of this chapter.
C.
Measurement. For the purpose of this chapter, when determining the height of a building or other structure it shall be measured as follows:
(1)
For buildings and structures in any AE or VE Zone as shown on the applicable Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency for the Village, the vertical distance measured from the base flood elevation at and along the side of the building or other structure fronting on the nearest street to the highest point of the highest roof or, in the case of any other structure, to the highest point.
(2)
The vertical distance measured from the average elevation of the existing natural grade (before any fill has been or is proposed to be placed thereon), as established on a plan prepared by a licensed professional surveyor, at and along the side of the building or other structure fronting on the nearest street to the highest point of the highest roof or, in the case of a structure, to the highest point. Where the height is different measured from the fronting side and measured from the nearest street, the lower dimension shall prevail and no part of the roof shall exceed said lower dimension on any side.
D.
All buildings and other structures on any lot in any district must be set back from all property lines so that the height of any point of the building or other structure is not greater than the horizontal distance of the point from the nearest property line to the building or other structure at that location. Notwithstanding any language to the contrary in this subsection, the maximum height limitation for a building or other structure shall be as set forth in the Table of Dimensional Regulations included at the end of this chapter.
§ 245-43 Methods of determining off-street parking space requirements.
A.
The number of spaces required for a single use (e.g., a single-family dwelling) shall be two per dwelling, plus one additional for each bedroom in excess of three bedrooms.
B.
The number of spaces required for a home occupation or home professional office, in addition to the required off-street parking spaces for the dwelling, shall be two for the first 400 square feet of area given over to this component of the land use, plus one such space for each additional 150 square feet or fraction thereof, plus one per each employee outside of the family occupying the dwelling in which the occupation or office is located.
C.
If the use is not specifically listed in this chapter, the requirements shall be the same as for the most similar use listed, as determined by the Planning Board.
D.
When the schedule requires the number of spaces to be calculated per employee, the number to be used is the total number of employees who may use the site for parking at any one time.
E.
A garage or a 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 single-family dwelling.
F.
Uses that may be required to provide off-street parking spaces in excess of the requirements of this section shall require approval pursuant to the special exception procedure set forth in this chapter.
§ 245-44 Schedule of off-street parking space requirements for nonresidential uses.
The schedule of off-street parking space requirements for nonresidential uses is as follows:
Use | Number of Spaces Required |
|---|---|
Agricultural workers' housing | 1 per every employee housed |
Delicatessen or neighborhood convenience grocery store | 1 per 100 square feet of gross floor area, but in no case fewer than 12 spaces |
Farm stand | Provision for informal parking of at least 5 vehicles off the public right-of-way |
Golf course | 3 per hole, plus 1 per employee |
Greenhouse, farm stand and garden center | 1 per 180 square feet of the area of the structure devoted to sales, plus 1 per 1,000 square feet of area devoted to display, plus 1 per employee |
Office and office building not otherwise classified | 1 per 180 square feet of gross floor area |
Restaurant | 1 per 3 persons of rated occupancy as determined by the Town Department of Fire Prevention, plus 1 per employee at the peak shift |
Retail antique store | 1 per 180 square feet of gross floor area |
School | 1 per employee, plus 1 per each 8 students. |
Winery | 1 per 100 square feet of space for public use, including patios, plus 1 per employee at peak times; or 2 per 3 persons of rated occupancy as determined by the Town Department of Fire Prevention, plus 1 per employee at peak times, whichever is greater |
§ 245-45 Supplemental regulations for private garages and off-street parking areas in residence districts.
§ 245-46 Exemptions and waivers of parking requirements.
A.
Existing buildings and uses are exempt as follows: the parking provisions of this Article V shall not apply to any buildings or other structure lawfully in use at the effective date of this chapter. No building or other structure or lot lawfully in use at the effective date shall be enlarged unless the off-street parking requirements of this article are complied with to the same extent as would be required if the entire preexisting building or other structure or lot and the proposed enlargement were being submitted as if they were a new application for a building permit for the entire project.
B.
When the Planning Board shall determine that dedication of land or an easement 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 as a matter of public policy, the off-street parking requirements of this article may be waived, in whole or in part, by the Planning Board.
§ 245-47 Corner clearance.
On a corner lot in any district 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 two 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 50 feet from the intersection of such street lines.
§ 245-48 Use of dwellings and limitations on occupancy.
A.
Dwellings shall only be utilized by families for residential purposes on a seasonal basis or for a longer duration up to and including permanent residence, except as otherwise permitted in this chapter.
B.
A single-family dwelling shall be designed and configured to be used as a single-family dwelling. All habitable space must be connected by a conditioned hallway or habitable space. Under no circumstances shall habitable space be connected through a mechanical room, laundry room, storage room, or garage.
§ 245-49 Fences, walls, screening and clotheslines.
A.
In all residence districts.
(1)
No fence or wall in a required front yard shall have a height greater than four feet.
(2)
No fence or wall in a required rear or side yard within 20 feet of a rear or side yard lot line shall have a height greater than six feet.
(3)
In no case shall any fence or wall have a height greater than six feet except for a tennis court enclosure which shall not exceed eight feet.
(4)
Any fence or wall having a height four feet or less shall be exempt from building permit requirements, provided that it shall be constructed of standard materials used for such purposes.
(5)
All fences shall have a finished side facing toward the adjoining property.
(6)
Corner lot fences and walls. Fences and walls on corner lots and fences on through lots may be up to six feet high in required front yards that are opposite side yard lines or in the front yard not used as primary access to the dwelling only if:
(a)
The fence is installed in that portion of the required front yard that lies between the nearest rear wall of the dwelling and the rear lot line.
(b)
The fence is set back a minimum of five feet from the front lot line.
(c)
Appropriate ornamental planting or natural buffer is provided at all times in the form of plant material approved by:
(7)
Gates and gateposts.
[Amended 7-19-2010 by L.L. No. 6-2010]
(a)
Gateposts at a driveway entrance or exit may exceed the foregoing height limitation (four feet) but shall not exceed six feet.
(b)
Gates at a driveway entrance or exit cannot exceed four feet in the vertical center and, when hung, cannot exceed a height of five feet at the center. Each gate may slope or arc towards the gatepost(s) to a maximum height of six feet, and the width of the gate(s) and/or the distance between the gateposts shall not exceed an aggregate of 25 feet.
(c)
Any provision in this chapter or otherwise to the contrary notwithstanding, residential driveway entry gates and/or gateposts are prohibited on both the east and west sides of Sagg Main Street south of Montauk Highway as well as each side of those portions of Hedges Lane, Personage Lane, Gibson Lane, Daniels Lane, Sagaponack Road and Bridge Lane which are in the Sagaponack Historic District.
[Added 4-18-2016 by L.L. No. 3-2016]
(d)
Any provision in this § 245-49A(7), or this chapter, or otherwise to the contrary notwithstanding, the placement and design of any entry gate shall be subject to the approval of the Architectural and Historic Review Board.
[Added 8-21-2017 by L.L. No. 9-2017]
[1]
Placement. Gates shall be located as distant from any street as reasonably allows the gate to provide security and as avoids any adverse change to the historic and current character of the streetscape, in no event with a setback to the street of less than 20 feet if a lot is 40,000 square feet or less or a setback to the street of less than 40 feet if a lot exceeds 40,000 square feet lot area. Even if an application is in compliance with the foregoing setback requirements, the Architectural and Historic Review Board in all events may condition an approval hereunder upon requiring a greater setback if appropriate upon an evaluation under the design standards in § 245-49A(7)(d)[2] below.
[Amended 10-21-2019 by L.L. No. 4-2019]
[2]
Design. Design criteria shall by way of illustration, not limitation, include the following:
[a]
Avoidance of excessive ornamentation;
[b]
Concealment from public view;
[c]
Functionality, without unnecessary design features;
[d]
Limited structural and visual mass;
[e]
Use of wood, natural and unpainted, except for light stain or clear finish;
[f]
Visual compatibility with surrounding properties, including whether gate and/or gatepost is a dissimilar use;
[Added 10-21-2019 by L.L. No. 4-2019]
[g]
Harmonious relationship with neighborhood, including whether the gate and/or gatepost is typical;
[Added 10-21-2019 by L.L. No. 4-2019]
[h]
Mitigative impact upon increasing setback from required setbacks;
[Added 10-21-2019 by L.L. No. 4-2019]
[i]
Placement at greatest reasonable setback from street, including evaluation of least visual impact on passersby; and
[Added 10-21-2019 by L.L. No. 4-2019]
[j]
Necessity (or absence thereof) of gate and/or gatepost for the security of the property.
[Added 10-21-2019 by L.L. No. 4-2019]
[3]
Review by Committee. Any review hereunder shall be pursuant to Village Code § 245-74F.
[Amended 10-21-2019 by L.L. No. 4-2019]
[4]
Any gate approval shall require a condition enabling emergency access to the interior on the premises satisfactory to the local Fire Department, with proof thereof to be provided the Building Inspector as a condition of issuance of a building permit.
(8)
No clothesline or outdoor clothes-hanging device shall be placed or used in any front yard or the rear yard of a waterfront lot. Any clothesline or clothes-hanging device located in a side yard or rear yard shall be exempt from building permit requirements, provided that it shall be constructed of standard materials used for such purposes.
(9)
Flagpole lot fences and walls.
(a)
Fences and walls on flagpole lots may be up to six feet high in the required front yards.
(b)
No fence or wall installed along the pole portion of the lot shall have a height greater than four feet within a distance from the right-of-way equal to the required front yard setback.
(c)
No fence or wall installed along the pole portion of the lot a distance greater than the required front yard setback from the right-of-way shall have a height greater than six feet.
B.
Method of measuring the height of a fence or wall. 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, 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.
C.
Electrical fences. The use of any fence which delivers an electric shock, charge or current to any animal or human being when contact is made shall be strictly prohibited in all zones, unless authorized by the Planning Board.
(1)
No Planning Board approval is necessary for an electrical fence where the use of the premises is for the keeping of livestock, including horses, and the protection of field crops from deer damage.
(2)
All electrical fences approved by the Planning Board or allowed under Subsection C(1) of this section shall require a permit from the Building Inspector.
(3)
No electrical fence shall place the safety of residents in jeopardy, and conspicuous notices shall be affixed to the fence to warn of the potential for electric shock.
(4)
Underground electrical dog fences shall not require Planning Board approval or a permit from the Building Inspector.
D.
Agricultural fencing.
[Amended 11-19-2018 by L.L. No. 4-2018]
(1)
Within all residential districts, any portion of which is situated within the Agricultural Overlay District, the Board of Trustees may approve an increase in the permitted height of a fence in order to protect agricultural crops from damage due to deer. The maximum height of any portion of such an agricultural fence approved by the Board of Trustees (acting as the Planning Board in all respects) may not exceed eight feet.
[Amended 5-10-2021 by L.L. No. 2-2021]
(2)
The increase in permitted fence height shall be based on the following findings of the Board of Trustees:
(a)
The subject property is now or about to be land used in agricultural production, as that term is used in New York Agriculture and Markets Law Section 301 meaning in the context of this section, land, facilities and practices which contribute to the production, preparation and marketing as a commercial enterprise of crops subject to deer damage.
(b)
The applicant can demonstrate that an economic loss will occur to agricultural crops without an increase in fencing height.
(c)
Alternatives to eight foot fencing that will reduce the economic loss of agricultural crops have been investigated and found not to have been reasonable.
(d)
Alternative types and heights of fencing materials have been investigated and found not to have been reasonable.
(e)
The installation of the fencing will be accomplished in a manner to preserve and protect the visual and scenic resources of the Village.
(f)
In the case of a startup farm operation, an application shall be evaluated utilizing the following:
[1]
Completion of the startup period within two years for crops and nurseries or such other period as considered reasonable by the New York Department of Agriculture and Markets;
[2]
Capital investment;
[3]
Acreage in production;
[4]
Gross sales to date;
[5]
Applicant's knowledge, experience and intent;
[6]
Applicant's business plans;
[7]
Applicant's direct participation in terms of time and effort; and
[8]
Financial risk of farm operation.
(3)
An application for agricultural fencing shall be an application for a special exception permit on forms provided by the Village Clerk. The application shall be reviewed by the Board of Trustees (acting as the Planning Board in all respects) and shall include:
[Amended 5-10-2021 by L.L. No. 2-2021]
(a)
Applicant's affidavit of service by registered mail, return receipt requested, of a copy of the application upon each property owner within a 200-foot radius of the proposed fence or any portion thereof;
(b)
The required fee as fixed from time to time by resolution of the Board of Trustees (acting as the Planning Board in all respects);
(c)
A current survey depicting at least the property and improvements thereon, the location of any crop production during the two preceding years, the location of the proposed fence, and any encroachments of contiguous properties (a current survey may be waived for good cause);
(d)
Any title or regulatory documents evidencing the interest of any third party in the premises including any easements of any kind, any declaration restricting use or improvement of the premises, any agency resolution limiting the use or improvement of the premises or any similar document;
(e)
Current deed of record;
(f)
Consent of owner if applicant is not the owner;
(g)
Photograph of similar fence or sample of proposed fence material, exclusive of poles; and
(h)
Any other documents, information or material requested by the Board of Trustees.
(4)
Any consideration of a special permit shall address at least the following:
(a)
Removal at owner's expense of any fence as approved upon a field remaining fallow for two years (or removal of any portion of a fence if a portion of a field remains fallow for two years) and upon a failure of compliance removal by the Village on 30 day's notice to the owner with any expense thereof to be assessed upon such property, constitute a lien and be enforced and collected in the same manner as provided by law for the enforcement and collection of real property taxes in the Village;
(b)
Maintenance of a setback from any public road sufficient to allow safe passage of vehicles and deer;
(c)
Exclusive use of round wood poles not exceeding six inches in diameter;
(d)
Description of current agricultural production and its location at the premises or if none a schedule of all such activity to be commenced within 12 months thereafter;
(e)
Description of current deer damage to crops;
(f)
Competent financial records evidencing average gross sales value for sale of crops for two preceding years;
(g)
Whether the land is within Agricultural District 5;
(h)
Whether the land has received an agricultural assessment or has applied for such assessment;
(i)
Prohibition of vegetation on a continuous basis at or near the line of any fence on a public road approved hereunder so that vistas from public roads will not be impeded except as otherwise provided in Subsection E below;
(j)
Use of alternative fence materials not requiring a height in excess of six feet and allowing public visual access;
(k)
Required renewal of any special exception permit in the event of any change of ownership of the premises or replacement of the operator of a farm by another operator; and
(l)
Compliance with the New York Department of Agriculture and Markets Golden Nematode Containment Quarantine program.
E.
Preservation of vistas. Any provision hereinabove in this section to the contrary notwithstanding, any fence or hedgerow in any residential district or OSC district or agricultural overlay district which shall impede the public view from any road or street of a scenic vista, including, by way of illustration, not limitation, a farm field where development rights have been acquired by any government agency or the farm field is restricted from nonagricultural development, a preserved open space of any kind, a scenic easement or conservation easement, a public property, or any unimproved or improved area similar to the foregoing, is prohibited except as may be permitted under this subsection. This subsection does not apply to the planting of crops, e.g., corn, grapes, and nursery stock maintained using ordinary practices of commercial production.
[Amended 11-19-2018 by L.L. No. 4-2018]
§ 245-50 Berms.
A.
All berms, except those required to be constructed in connection with the Planning Board's[1] approval of a subdivision plat or site plan, which exceed four feet in height shall require a building permit.
B.
All berms shall be constructed so that each side of the berm shall not have a slope greater than one to three feet. For the purposes of this section, the slope refers to the ratio of a vertical rise of one foot to a horizontal run of three feet.
C.
All berms shall be constructed out of clean fill or an approved equivalent which shall be given sufficient time to settle before final shaping and topsoil are applied. After the settled fill has been shaped, a uniform at least six-inch layer of approved horticultural topsoil shall be placed and fine graded.
D.
All berms shall be properly vegetated and landscaped, as to be approved by the Planning Board,[2] before any erosion occurs in the topsoil on the berm, or, in the alternative, the berm shall be covered with an approved ground cover until such time as the berm can be properly landscaped.
E.
Berms shall be constructed only during the period from March 1 through October 30.
F.
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 the retaining wall will promote aesthetic considerations and the height of the wall does not exceed the grade of the berm.
G.
The construction of berms and the berm itself shall not interfere with the natural drainage, and the street side base of the berm shall be set back from the boundary line not less than 12 feet.
H.
No berm shall have a height greater than four feet in a front yard or six feet in a rear or side yard.
I.
The height of a berm shall be the vertical distance from the top of the berm to the natural existing grade at the base of the berm.
J.
All applications for a building permit for a berm shall include the following:
(1)
A detailed grading plan of the entire site, indicating the existing topography in contour intervals no greater than five feet and the proposed topography in contour intervals no greater than two feet; the scale of the grading plan shall be no greater than one inch equals 20 feet;
(2)
A cross section of the berm indicating the type of materials to be used in constructing the berm (i.e., fill or topsoil) and the location of landscaping; the scale of cross section shall be no greater than one inch equals four feet; and
(3)
A detailed landscaping plan indicating the location, size and quality of the species to be planted.
K.
All applications for a building permit for a berm shall be referred to the Planning Board[3] for its approval with respect to the compatibility of the berm with the surrounding properties and associated land uses, drainage considerations and landscaping.
L.
The Building Inspector shall not issue a permit for a berm until Planning Board approval has been received.
[Amended 2-18-2014 by L.L. No. 4-2014[4]]
M.
All provisions of this Zoning Code relating to building permits and construction shall apply to building permits for berms.
§ 245-51 Importation and exportation of fill.
[Amended 6-13-2011 by L.L. No. 7-2011; 12-17-2012 by L.L. No. 7-2012; 2-18-2014 by L.L. No. 7-2014]
A. EXCAVATION EXPORTATION FILL IMPORTATION
Definitions. As used in this section, the following terms shall have the following meanings:
The extraction, removal or stripping of material from the ground or the breaking of the surface soil in order to facilitate or accomplish the removal, extraction or stripping of fill.
The act of causing fill as defined herein to be removed from a parcel of real property located within the Village and transported to another parcel of real property located outside of the Village.
Topsoil, loam, earth, sand and/or gravel or any similar material.
The act of causing fill as defined herein to be brought to a parcel of real property located within the Village which originated from another parcel of real property located either inside or outside of the Village.
B.
Site plan approval required. Except to deposit and grade soil excavated at a site in compliance with §§ 245-65F and 245-66C and incident to any lawful construction which does not change the natural grade or existing topographical elevation or existing surface water runoff, the placement, deposit, excavation or importation of fill which either changes the natural grade or changes topographical elevation or changes surface water runoff shall be prohibited excepting upon Planning Board approval of a site plan for said placement, deposit, excavation or importation.
C.
Fill permit required. The importation of fill shall, in addition to site plan approval, require a fill permit from the Planning Board.[1] The exportation of fill shall require an exportation permit from the Building Inspector.
D.
Exemptions. A fill permit is not required for any of the following:
(1)
Dredging of a waterway pursuant to all required regulatory approvals.
(2)
Any activity for which a waiver of fill permit is granted by the Board of Trustees upon an express finding that regulation of such activity is outside the purpose of enactment of this section.
(3)
Removal, cleanup and/or remediation of contaminated soil required by order of a federal or state agency pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or similar statute or regulation.
E.
Permit application. Any application for a fill permit shall include at least the following:
(1)
A detailed statement of the proposed work, the proposed excavation or importation and exact condition of the plot or premises before the work proposed to be accomplished under the requested permit is commenced and proposed topography of said plot or premises when the work is completed.
(2)
An estimate prepared by a licensed engineer of the total volume of fill proposed to be excavated, or imported to the property.
(3)
The elevations of all abutting properties to the extent available and to the extent necessary to indicate the existing drainage condition and its relationship to the subject property.
(4)
A duly acknowledged consent of the owner of the premises, including addresses.
(5)
Where the application pertains to land used in agricultural production, the application must be referred to the Commissioner of Agriculture and Markets of the State of New York or his or her duly appointed agent or representative to ascertain that any fill to be exported is apparently free from golden nematode or similar condition.
(6)
The purpose of the proposed excavation or importation.
(7)
The groundwater level at the location as determined by a current test well or boring.
(8)
The procedures whereby dust or other fugitive or windborne materials shall be controlled.
F.
Standards of review. The Planning Board, upon any review of an application hereunder, must affirmatively find that the importation of fill shall not cause damage to Village roads or other Village resources; the placement of any fill shall not cause adverse changes in existing surface water runoff patterns; any change in topography resulting from the placement or removal of fill shall be necessary to the reasonable development of the site; and granting of any approval of a permit hereunder shall achieve a harmonious balance between existing site topography and any development activity at said site.
G.
Fee. Except as amended by resolution of the Board of Trustees, the fee for a fill permit shall be $10 per cubic yard of fill imported or exported. The fee for an exportation permit shall be calculated by the Building Inspector based on an estimate prepared by a licensed engineer of the total volume of fill to be exported. Any payment of a fee shall be subject to a supplemental payment in the event the Village Engineer determines that the applicant's estimate of cubic yards was inaccurate and understated. The payment of a fill permit fee and an exportation permit fee shall occur upon the filing of either application.