Shelter Island City Zoning Code

ARTICLE III

District Regulations

§ 133-5 Applicability.

Relationship to other restrictions. The regulations of this chapter shall apply in all districts to which they are germane. Such regulations shall not affect any provision of law, ordinance, restrictive covenant, easement or other agreement between parties or rule, regulation or permit which may presently exist or may be hereafter adopted; provided, however, that where this chapter imposes greater restrictions, the provisions of this chapter shall control.

Classifications. Uses not listed as being permitted or permitted by special permit are prohibited. Where an activity might be classified under more than one of the use categories of this chapter, the more specific classification shall determine whether the use is permitted or prohibited. If the categories are equally specific, the proposed activity:

Shall be permitted only if both categories are permitted at that location.

Shall be permitted by special permit if one category is authorized by special permit and the other category is permitted.

Split lots.

Where a basic district boundary line divides a legal lot in existence at the time such boundary line is adopted, the bulk and use regulations shall apply as follows:

For a use allowed in both districts, the lot shall be considered as a whole, and the bulk regulations of the district in which the majority of the lot frontage lies shall apply to the entire lot.

For a use allowed in one of the districts in which it lies, but not allowed in another, the use and bulk regulations of the district in which the lot has frontage may be extended into the more restricted district to a line parallel to and not more than 300 feet from the street frontage.

Applicability of overlay districts dividing preexisting lots shall be as specified in the provisions for those districts in §§ 133-11 through 133-13.

§ 133-6 District A (Residential).

District purpose: to provide for moderate-density residential development where similar development already exists.

Bulk regulations.

Lot area shall be not less than 40,000 square feet.

Lot frontage shall be not less than 140 feet.

Lot coverage shall not exceed the following:

By buildings: 25% of lot area;

By all impervious surfaces, including buildings: 40% of lot area.

There shall be not more than one one-family dwelling per lot except as authorized under § 133-17.

Setbacks shall be not less than the following:

Front setback: 40 feet for all structures.

Side and rear setbacks:

Principal buildings and accessory apartments, including all permanently-affixed mechanical equipment other than submersible wells: 25 feet.

[Amended 7-11-2014 by L.L. No. 6-2014]

Accessory buildings containing sleeping quarters, accessory buildings of more than one story, swimming pools, tennis courts, or similar structures: 20 feet.

[Amended 4-17-2009 by L.L. No. 3-2009]

Other accessory buildings: 12 1/2 feet.

The square foot living area of a one-family dwelling and any conditioned accessory structures shall not be more than 5,999 square feet, nor less than 1,200 square feet, of which a minimum of 850 square feet must be on the first floor, excluding the following unconditioned structures: porches, breezeways, attached garages and basements.

[Amended 5-6-2024 by L.L. No. 3-2024]

Building height shall not exceed two stories, and shall not exceed 25 feet for buildings on which there is a flat or mansard roof, or 35 feet for buildings on which there is a gable, hip or gambrel roof.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Permitted principal uses:

One-family dwellings.

[Amended 6-3-2005 by L.L. No. 4-2005; 4-30-2010 by L.L. No. 4-2010; 5-6-2024 by L.L. No. 3-2024]

Permitted community service uses.

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Permitted business uses.

The raising of trees, shrubs, plants and food crops and the tillage of the soil generally.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Permitted principal uses requiring a special permit by the Zoning Board of Appeals:

Clubs: private or nonprofit organizations and/or facilities associated with such clubs.

Riding rings, noncommercial.

Educational institutions, subject to the following requirements:

No building shall be less than 50 feet from any street or boundary line.

Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such.

Nursery schools and/or day-care centers, subject to the following requirement:

If operated within a dwelling, no more than five children shall be enrolled.

Two-family dwelling.

Any use of the same general character as any of the uses herein specifically permitted in this section.

Permitted accessory uses.

Personal use by occupants of the premises:

Storage and repair of boats.

Private dock. No more than two boats shall be accommodated with berthing, mooring, docking or accessory parking, so long as said boats are not used as a residence. (See also Chapter 40, Boats, and Chapter 53, Docks).

The keeping and maintenance of livestock and/or poultry, provided that such animals shall not be penned within 40 feet of any lot line.

Private garages.

Not more than one accessory building for sleeping accommodations.

Business uses.

The office of a professional person or a home business office, subject to the requirements of § 133-18.

A home occupation if either already lawfully existing or an activity allowed at that location as a principal use, subject to the requirements of § 133-18.

Other accessory uses.

An accessory building used for sleeping quarters for domestics, house guests and members of the family. No accessory building shall have kitchen facilities or shall be used for rental purposes. The area of any floor with accessory sleeping quarters shall be not less than 480 square feet, excluding closets, bathrooms, pantries, porches, breezeways and attached garages. The accessory sleeping quarters shall include no more than two conventional bedrooms.

[Amended 3-5-2004 by L. L. No. 5-2004; 3-10-2017 by L.L. No. 1-2017]

Accessory buildings or structures customarily used or incidental to any of the principal uses permitted in the district, provided that the accessory building shall be on the same lot as the principal building and under the same ownership and shall meet the bulk regulations for the district.

Bed-and-breakfasts subject to the requirements of § 133-14.

Accessory apartments, as provided in § 133-17.[1]

Editor's Note: Former Subsection F, regarding permitted principal uses requiring a special permit, added 6-3-2005 by L.L. No. 4-2005, which immediately followed, was repealed 5-6-2024 by L.L. No. 3-2024.

§ 133-7 District AA (Residential).

District purpose: to provide for low-density residential development in coastal environments.

Bulk regulations.

Lot area shall be not less than 80,000 square feet.

Lot frontage shall be not less than 160 feet.

Lot coverage shall not exceed the following:

By buildings: 25% of lot area.

By all impervious surfaces, including buildings: 40% of lot area.

There shall be not more than one one-family dwelling per lot except as authorized under § 133-17.

Setbacks shall be not less than the following:

Front setbacks: 50 feet for all structures.

Side and rear setbacks:

Principal buildings and accessory apartments, including all permanently-affixed mechanical equipment other than submersible wells: 30 feet.

[Amended 7-11-2014 by L.L. No. 6-2014]

Accessory buildings containing sleeping quarters, accessory buildings of more than one story, swimming pools, tennis courts, or similar structures: 30 feet.

[Amended 4-17-2009 by L.L. No. 3-2009]

Other accessory buildings: 15 feet.

The setbacks for lots in Zone AA shall revert to those set forth in § 133-6B(5), Zone A in the event that:

[Added 4-12-2019 by L.L. No. 7-2019]

The lot is identified on the "Reversion Map" to be maintained by the Building Department indicating lots that have been established as entitled to reversion; or

For nonconforming lots, proof is provided to the Building Department in the form of a certified deed that predates the creation of the AA Zone on August 24, 1973 where the metes and bounds match the metes and bounds on the current county tax maps current as of the date of enactment of this section. Upon receipt of such proof, the lot shall be added to the Reversion Map. This subsection applies only to lots with an area of less than 80,000 square feet currently zoned AA.

The square foot living area of a one-family dwelling and any conditioned accessory structures shall not be more than 5,999 square feet, nor less than 1,200 square feet, of which a minimum of 850 square feet must be on the first floor, excluding the following unconditioned structures: porches, breezeways, attached garages and basements.

[Amended 5-6-2024 by L.L. No. 3-2024]

Building height shall not exceed two stories, and shall not exceed 25 feet for buildings on which there is a flat or mansard roof, or 35 feet for buildings on which there is a gable, hip or gambrel roof.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Permitted principal uses.

One-family dwellings.

[Amended 6-3-2005 by L.L. No. 4-2005; 4-30-2010 by L.L. No. 4-2010; 5-6-2024 by L.L. No. 3-2024]

Community service:

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Business:

The raising of trees, shrubs, plants and food crops and the tillage of the soil generally.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Permitted principal uses requiring a special permit by the Zoning Board of Appeals:

Clubs: private, nonprofit organizations and/or facilities.

Educational institutions, subject to the following requirements:

No building shall be less than 50 feet from any street or boundary line.

Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such.

Nursery schools and/or day-care centers subject to the following requirement:

If operated within a dwelling, no more than five children shall be enrolled.

Riding rings, noncommercial.

Any use of the same general character as any of the uses herein specifically permitted in this section.

Permitted accessory uses.

Personal use by occupants of the premises:

Storage and repair of boats.

Private dock. No more than two boats shall be accommodated with berthing, mooring, docking or accessory parking so long as said boats are not used as a residence. (See also Chapter 40, Boats, and Chapter 53, Docks.)

The keeping and maintenance of livestock and/or poultry, provided that such animals shall not be penned within 40 feet of any lot line.

Private garages.

Business uses:

The office of a professional person or a home business office, subject to the requirements of § 133-18.

A home occupation if either already lawfully existing or an activity allowed at that location as a principal use, subject to the requirements of § 133-18.

Other accessory uses:

An accessory building used for sleeping quarters for domestics, house guests and members of the family. No accessory building shall have kitchen facilities or shall be used for rental purposes. The area of any floor with accessory sleeping quarters shall be not less than 480 square feet, excluding closets, bathrooms, pantries, porches, breezeways and attached garages. The accessory sleeping quarters shall include no more than two conventional bedrooms.

[Amended 3-5-2004 by L.L. No. 5-2004; 3-10-2017 by L.L. No. 1-2017]

Accessory buildings or structures customarily used or incidental to any of the principal uses permitted in the district, provided that the accessory building shall be on the same lot as the principal building and under the same ownership and shall meet the bulk regulations of the district.

Bed-and-breakfasts subject to the requirements of § 133-14.

Accessory apartments, as provided in § 133-17.[1]

Editor's Note: Former Subsection F, regarding permitted principal uses requiring a special permit, added 6-3-2005 by L.L. No. 4-2005, which immediately followed, was repealed 5-6-2024 by L.L. No. 3-2024.

§ 133-8 District B (Business).

District purpose: to provide areas for mixed business uses, including residential; business, retail and other services for island residents and visitors.

Bulk regulations.

Lot area shall be not less than 40,000 square feet.

Lot frontage shall be not less than 100 feet. (3)

Lot coverage for premises used in whole or in part as a dwelling shall not exceed the following:

By buildings: 70% of lot area.

By all impervious surfaces, including buildings: 75% of lot area.

There shall be not more than one one-family dwelling per lot.

Except as otherwise specified herein, setbacks for all structures shall be not less than the following:

Front setbacks: 30 feet.

Side and rear setbacks: 10 feet.

The living area of a dwelling shall be not less than 780 square feet, excluding porches, breezeways, attached garages and basements.

Building height shall not exceed two stories, and shall not exceed 25 feet for buildings on which there is a flat or mansard roof, or 35 feet for buildings on which there is a gable, hip or gambrel roof.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Off-street parking. No business structure may be established unless sufficient off-street (on-site) parking facilities are provided to eliminate any traffic hazard, as follows: one parking space of 20 feet by 10 feet for each 200 square feet, or portion thereof, of interior space of the aggregate of all buildings situated on the parcel.

Permitted principal uses.

Residential:

One-family dwellings.

Community service:

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Business:

Retail stores or shops, including but not limited to the following, but excluding gas stations or other uses listed as requiring a special permit in § 133-8D:

Baker, pastry, candy or confectionery stores.

Grocery stores and delicatessens.

Liquor stores.

Paint, wallpaper or interior decorating shops.

Personal service shops, barbershops, beauty salons, travel agencies, dressmakers, tailors or similar shops.

Radio and television shops and household appliances.

Offices, business or professional.

The following trades and services:

Boat building, repair and storage.

Carpentry, cabinetmaking, furniture or upholstery.

Electricians, blacksmith, welding, plumbing and heating shops.

General builders and general contractors.

Grounds maintenance, greenhouses and nurseries.

Jewelry, watch, clock or optical goods and musical, professional or scientific instrument manufacture and/or repair.

The raising or sale of trees, shrubs, plants, flowers, food crops and the tillage of the soil generally.

The sale of milk, meat products and eggs.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Job printing and bookbinding.

Any use of the same general character as approved by the Town Board.

Permitted principal uses requiring a special permit by the Town Board:

Animal hospital, subject to the following requirements:

The housing of all animals shall be in a fully enclosed structure and shall not be closer than 100 feet to any street line or lot line.

The entire lot shall be suitably landscaped in order to reduce the sound level.

Bank.

Boardinghouse.

Cemeteries.

Clubs: private or nonprofit organizations and/or facilities associated with such clubs, except golf, beach or country clubs.

Commercial accommodations, such as hotels and motels, subject to the following provisions:

All outdoor activities shall be so located on the property that they shall be reasonably screened from view and compatible with the existing use of neighboring properties.

Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of the Town and the Suffolk County Department of Health Services, and such facilities shall be designed to protect the groundwater from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.

One parking space per guest bedroom shall be required.

Dry cleaners and coin-operated laundromats with more than four machines, provided that the overall facility shall be designed, located and operated to protect against pollution of groundwater.

Educational institutions, subject to the following requirements:

No building shall be less than 50 feet from any street or boundary line.

Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such.

Any school shall occupy a lot with an area of not less than one acre plus one acre for each 25 pupils for which the building is designed.

Funeral homes.

Gasoline service stations and fuel storage facilities, subject to the following provisions:

All such uses shall be located on sites large enough to contain the impact of any potential accident that might result from such uses without damage to adjacent properties, surface waters, groundwater or tidal waters.

The minimum lot size shall be 40,000 square feet; lot frontage shall be no less than 200 feet.

The installation and use of petroleum products shall be in conformance with the regulations of the National Fire Protection Association, the Suffolk County Department of Health Services, the National Board of Fire Underwriters and any other federal, state, county and local agency having jurisdiction.

The recommendations of the Fire Chief of the Shelter Island Fire District shall be considered prior to the approval of such use.

No church, school, library, playground, museum, historic building or similar place of public assembly, drainage channel, surface water or environmental parks shall be within 500 feet of the site.

Entrance or exit driveways shall be located at least 20 feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.

All fuel pumps and tanks and dispensing devices shall be located at least 50 feet from any building, structure or street line.

All automobile parts, dismantled vehicles and similar articles shall be stored within a building or behind a fence or shrubbery which will effectively screen the area from public view.

Storage areas for vehicles waiting for service shall be provided on the site and shall not occur on a public street or highway.

Golf courses, private athletic fields, country clubs and beach clubs, subject to the following provisions:

All outdoor activities shall be so located on the property that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.

Outdoor lighting shall not project direct light onto neighboring properties.

There shall be no outdoor public address or music system audible beyond the limits of the property, except by permit of the Town Board.

Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of the Town and the Suffolk County Department of Health Services, and such facilities shall be designed to protect the groundwater from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.

Hospitals, subject to the following requirements:

No building or part thereof shall be located within 50 feet of any lot line.

All buildings shall be of fire-resistant construction.

The use shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health Services.

Marinas and boatyards subject to the following provisions:

No deleterious effect shall be created with reference to the surface water or groundwaters of the town, and the effect of development on the ecology of adjacent tidal waters shall be minimized.

Sanitary rest rooms, holding tanks and sewage disposal shall be provided in accordance with the regulations of the town, the Suffolk County Department of Health Services and New York State.

There shall be provisions made for the collection and disposal of boat-generated solid wastes in accordance with Town regulations.

Outdoor lighting shall not project direct light onto neighboring properties, other than those navigational aides deemed necessary by the town.

Fuel-storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high water line, except that fuel pumps may be located conveniently to service boats, provided that adequate precautions are taken to prevent spillage in the waters of the town.

One parking space per each boat slip, mooring, dock space or similar unit of capacity shall be provided.

Medical arts buildings.

Movie theaters, indoor, subject to the following requirements:

Outdoor lighting shall not project direct light onto neighboring properties.

There shall be no outdoor public address or music systems audible beyond the limits of the property.

One parking space per every two persons of rated occupancy as determined by, the New York State Uniform Building and Fire Prevention Code shall be required.

Moving and storage and general trucking, provided that all dismantled automobiles, trucks, tractors and similar equipment and parts thereof shall be stored within a building or behind a fence or shrubbery which will effectively screen the area from public view.

Nightclubs, taverns and bars, subject to the following provisions:

There shall be no outdoor public address or music system.

Premises and structures shall be so arranged and designed as to prevent activities on the premises from being visible from adjoining properties or the street, except for outside dining, and as to contain any sound or direct lighting emanating from activities within the premises.

One parking space per every two persons of rated occupancy as determined by the New York State Uniform Building and Fire Prevention Code shall be required.

Nursery school or child day care, subject to the following provisions:

The school shall not have more than 15 children unless the building is of fireproof or semi-fireproof construction as defined by the New York State Uniform Building and Fire Prevention Code.

No play area shall be located on or adjacent to an open pool, watercourse, pond, lake or tidewater area without the benefit of suitable fence and protective devices.

Nursing homes or rest homes, subject to the following requirements:

No building or part thereof shall be located within 50 feet of any lot line.

All buildings shall be of fire-resistant construction.

Public garages or automobile shops, subject to the following provisions:

All automobile parts, dismantled vehicles and similar articles shall be stored within a building or behind a fence or shrubbery which will effectively screen the area from public view.

Storage areas for vehicles waiting for service shall be provided on the site and shall not occur on a public street or highway.

Any storage of flammable liquids or gas shall be in conformance with applicable recommendations of the National Board of Underwriters, the regulations of the Suffolk County Department of Health Services and/or any other agency having jurisdiction.

The overall facility shall be designed, located and operated to protect against pollution of groundwater.

Public libraries, public museums and Town offices.

Public utility structures necessary to serve the community.

Recreation facilities, indoor and outdoor.

Riding rings, noncommercial.

Standard restaurants, provided that:

One parking space shall be provided off street per four persons of rated occupancy (including outside dining) as determined by the New York State Uniform Building and Fire Prevention Code or 10 spaces, whichever is greater.

There shall be no drive-through facilities.

Two-family dwellings.

Any use of the same general character as any of the uses herein specifically permitted or allowed on special permit in this section.

Any change of any of the uses specifically permitted or allowed on special permit in this section.

Permitted accessory uses.

Personal use by occupants of the premises:

Storage and repair of boats.

Private marina or dock. (See also Chapter 40, Boats, and Chapter 53, Docks).

The keeping and maintenance of livestock and/or poultry, provided that such animals shall not be housed within 40 feet of any lot line.

Private garages.

Business uses:

The office of a professional person or a home business office, subject to the requirements of § 133-18.

Bed-and-breakfast, subject to the requirements of § 133-14.

Other accessory uses.

Accessory buildings or structures customarily used or incidental to any of the principal uses permitted in the district, provided that the accessory building shall be on the same lot as the principal building and under the same ownership and shall meet the bulk requirements of the district.

Accessory apartments, as provided in § 133-17

§ 133-9 District B-1 (Restricted Business).

District purpose. The restricted business zone was established to maintain the historic, park-like, government-center appearance of the Town center. Commercial enterprises are restricted to the types of uses that would have the least impact on the appearance, traffic patterns, character, and parking facilities of the existing neighborhood. Special permits are required for all buildings and uses (except governmental buildings and uses) in the district, to ensure that the special criteria established for this zone are considered in the initial planning process, whether it be for new buildings and uses or for the renovation or replacement of existing buildings or uses.

Bulk regulations.

Lot area shall not be less than 40,000 square feet.

Lot frontage shall be not less than 100 feet.

Lot coverage shall not exceed the following:

By buildings: 50% of lot area.

By all impervious surfaces, including buildings: 75% of lot area.

Setbacks shall be not less than the following:

Front setback: 30 feet.

Side and rear setbacks: 10 feet.

Building height shall not exceed 35 feet.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Any building must contain a minimum of 600 square feet.

Permitted principal uses:

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Permitted accessory uses requiring a special permit from the Town Board.

Residential:

Private garages.

The office of a professional person or a home business office, subject to the requirements of § 133-18.

Bed-and-breakfasts, subject to the requirements of § 133-14.

Home occupations if either already in existence or the activity is one allowed as a principal use at that location, subject to the requirements of § 133-18.

Business:

Private garages.

Special permit criteria. Applications for special permits shall be subject to the provisions of §§ 133-19, 133-20, 133-33 and 133-34. In addition, all structures in the B-1 District and uses listed in Subsections D and E of this section will be subject to the following special permit criteria:

Off-street parking. No business structure may be established unless sufficient off-street (on-site) parking facilities are provided to eliminate any traffic hazard, as follows: one parking space of 20 feet by 10 feet for each 200 square feet, or portion thereof, of the interior space of all buildings situated on the parcel.

Architectural features. Visible architectural features of all buildings and structures shall be compatible with the architectural styles of the existing Town government structures in the area.

Roofs must be gabled, gambrel or hip type with aesthetically compatible roof materials.

Exterior siding must be red brick, clapboard or shingle or a combination, finished in natural colors or colors appropriate to the neighborhood.

Windows and doors must be of traditional design.

Outdoor lighting must be limited to the minimum required for the safe illumination of entrances, walkways, ramps, steps and parking areas.

Traffic patterns. Site plan traffic flow shall be designed to promote ease of use and safety with adequate maneuvering space and safe ingress and egress from public roads.

Signs. All signs must be of traditional design and subject to the provisions of § 133-27 except that temporary signs or posters as described in § 133-27B(7) shall be limited to the interior of all buildings.

Off street loading and unloading areas. Site plan design must include provisions for off-street loading and unloading areas, preferably at the rear of all buildings.

Water and sewerage. Provision for water and sewerage shall be in accordance with the Suffolk County Department of Health requirements.

Outdoor storage. No outdoor storage, vending machines or display of any kind will be permitted.

Window displays. Window displays shall be limited to signs indicating the name, address and/or type of businesses occupying the premises within.

Other criteria. Any other criteria that the Town Board may deem critical to the retention of the municipal park-like or historical appearance of the area or to promote safety and minimize traffic congestion.

Nonconforming lots, buildings and uses. All nonconforming lots, buildings and uses shall be subject to the provisions of § 133-21, 133-22 and 133-23, except as follows:

All approvals required in § 133-23 will be by the Town Board (not the Zoning Board of Appeals) with the exception of § 133-23G.

Any alteration, expansion or restoration of buildings or structures shall conform where possible to the special permit criteria specified in Subsection F of this section.

§ 133-10 District C (Residential).

District purpose: to provide for medium-density residential development together with a moderate amount of carefully controlled nonresidential uses.

Bulk regulations.

Lot area shall be not less than 40,000 square feet.

Lot frontage shall be not less than 100 feet.

Lot coverage shall not exceed the following:

By buildings: 30% of lot area.

By all impervious surfaces, including buildings: 40% of lot area.

There shall be not more than one one-family dwelling per lot except as authorized under § 133-17.

Setbacks for all structures shall be not less than the following:

Front setbacks: 30 feet.

Side and rear setback including all permanently-affixed mechanical equipment other than submersible wells: 10 feet.

[Amended 7-11-2014 by L.L. No. 6-2014]

The square foot living area of a one-family dwelling and any conditioned accessory structures shall not be more than 5,999 square feet, nor less than 1,200 square feet, of which a minimum of 850 square feet must be on the first floor, excluding the following unconditioned structures: porches, breezeways, attached garages and basements.

[Amended 5-6-2024 by L.L. No. 3-2024]

Building height shall not exceed two stories, and shall not exceed 25 feet for buildings on which there is a flat or mansard roof, or 35 feet for buildings on which there is a gable, hip or gambrel roof.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Permitted principal uses.

One-family dwellings.

[Amended 6-3-2005 by L.L. No. 4-2005; 4-30-2010 by L.L. No. 4-2010; 5-6-2024 by L.L. No. 3-2024]

Community service:

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Business:

The raising of trees, shrubs, plants and food crops and the tillage of the soil generally.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Permitted principal uses requiring a special permit by the Zoning Board of Appeals:

Two-family dwellings.

Clubs: private or nonprofit organizations and/or facilities associated with such clubs.

Riding rings, noncommercial.

Educational institutions, subject to the following requirements:

No building shall be less than 50 feet from any street or boundary line.

Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such.

Nursery schools and/or day-care centers, subject to the following requirement:

If operated within a dwelling, no more than five children shall be enrolled.

Cemeteries.

Any use of the same general character as any of the uses herein specifically permitted in this section.

Permitted accessory uses:

Personal use by occupants of the premises:

Storage and repair of boats.

Private dock. No more than two boats shall be accommodated with berthing, mooring, docking or accessory parking, so long as said boats are not used as a residence. (See also Chapter 40, Boats, and Chapter 53, Docks.)

The keeping and maintenance of livestock and/or poultry, provided that such animals shall not be housed within 40 feet of any lot line.

Private garages.

Garden houses, storage buildings, pools, tennis courts or similar structures, provided that required setbacks and regulations are met.

Business uses:

The office of a professional person or a home business office, subject to the requirements of § 133-18.

Bed-and-breakfast, subject to the requirements of § 133-14.

Home occupations. The following home occupations are allowed, subject to the requirements of § 133-18:

Offices.

Carpenter, cabinetmaking, painting contractor, furniture or upholstery shop.

Electrician shop, radio or television, gunsmithing, plumbing, tinsmithing, jewelry, watch, clock and optical goods repairing.

Home laundering, tailoring, dressmaking, hairdressing, shoemaking and repairs.

Job printing and bookbinding.

Beauty salons.

Greenhouses.

Landscaping.

Public stenographic offices.

The sale and processing of oysters, scallops, clams, fish, milk, meat products and eggs.

Boat building, storage and repairs.

The sale at retail of farm, garden or nursery products produced on the premises of or of the products of animals raised on the premises.

Lawn and garden equipment repair and maintenance.

[Added 4-5-2012 by L.L. No. 2-2012[1]]

Editor’s Note: This local law also provided for the renumbering of former Subsection E(2)(c)[13] as Subsection E(2)(c)[14].

Any accessory use of the same general character as any of the principal uses herein specifically permitted when authorized by the Zoning Board of Appeals in accordance with the considerations set forth in § 133-35 and the provisions of Article VIII of this chapter.

Other accessory uses:

An accessory building used for sleeping quarters for domestics, house guests and members of the family. The area of any floor with accessory sleeping quarters shall be not less than 480 square feet, excluding closets, bathrooms, pantries, porches, breezeways and attached garages. The accessory sleeping quarters shall include no more than two conventional bedrooms.

[Amended 3-5-2004 by L.L. No. 5-2004; 3-10-2017 by L.L. No. 1-2017]

Accessory apartment, as provided at § 133-17.[2]

Editor's Note: Former Subsection F, regarding permitted principal uses requiring a special permit, added 6-3-2005 by L.L. No. 4-2005, which immediately followed, was repealed 5-6-2024 by L.L. No. 3-2024.

§ 133-11 (Reserved) [1]

Editor’s Note: Former § 133-11, Undeveloped Coastal Barrier District, was repealed 12-2-2011 by Ord. No. 9-2011.

§ 133-11.1 Causeway District.

[Added 12-2-2011 by L.L. No. 8-2011]

District purpose. The Town Board finds that the causeway areas are unique in their characteristics so as to justify special district classification and development regulation for the following reasons:

They are contiguous tracts of land with water on both sides;

They are low-lying and prone to flooding from opposite directions;

They have extremely small depth to ground water, with little traditional upland to be devoted to development and septic with the need to bring in fill;

They are in or adjacent to both the federal FEMA line and the NYS Coastal Erosion Hazard Area line; and

They provide scenic benefits along a public roadway.

Bulk regulations.

Lot area shall be not less than 80,000 square feet, except that for all subdivisions occurring after the date of adoption of this section, the minimum lot area shall be not less than 200,000 square feet.

Lot frontage shall be not less than 160 feet.

Lot coverage shall not exceed the following:

By buildings: As established by causeway wetlands permit provisions of Chapter 129.

By all impervious surfaces, including buildings: As established by causeway wetlands permit provisions of Chapter 129.

There shall be not more than one one-family dwelling per lot.

Setbacks shall be not less than the following:

Front setbacks: 50 feet for all structures.

Side and rear setbacks: 30 feet for building, including heating, ventilation, air-conditioning units.

Building height, as defined in Chapter 133, shall not exceed 25 feet from natural grade and the natural grade may not be altered.

Permitted principal uses.

One-family dwellings of a size permitted under Chapter 129.

Roads, structures and/or uses owned and operated by or for the Town of Shelter Island.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Permitted accessory uses.

Personal use by occupants of the premises:

Storage of boats.

Catwalk to mean high water with light permeable deck grating.

Special district regulations.

Activity on any portion of property lying within the Causeway Overlay District shall require a causeway wetlands permit as specified in Chapter 129.

Any preexisting nonconformity, including bulkheads and docks in the zone which lawfully exist prior to the adoption of this section, shall be treated as nonconforming and may continue subject to the rules set forth in § 133-23.

§ 133-12 Near Shore and Peninsular Overlay District.

From and after the effective date of this section, the regulations herein shall apply to properties within the Near Shore and Peninsular Overlay District (also cited herein as the "Near Shore District") in accordance with the map, notwithstanding other requirements of this chapter or other chapters of Town Code which may be applicable to those same locations. Properties that contain wetlands must comply with Chapter 129 of the Code of the Town of Shelter Island, which is the Wetlands Local Law.

District purpose: to protect selected areas of unique importance to the water and other natural resources of the town.

Purpose and findings. The Town Board of the Town of Shelter Island finds and declares it to be public policy of the Town to preserve and protect the natural resources of the Town in the most ecologically sensitive areas where one or more of the following criteria apply:

The freshwater table is close to sea level and risk of salt water intrusion exists or has occurred through consumptive use of available potable water.

The land surface is close to the level of the freshwater table, increasing the risk of pollution of the aquifer.

The land drains toward creek or bay waters, increasing potential pollution from surface or below-ground drainage.

Density of development and anticipated future development threaten the ecologically sensitive areas.

The land drains toward freshwater ponds which are hydraulically connected to outcroppings of the freshwater table which may result in pollution of the freshwater table.

Shoreline vegetative buffer. The purpose of the shoreline vegetative buffer is to protect bay, creek or fresh waters from pollution caused by stormwater runoff, or by applications of chemicals to the land. Such buffers should be able to absorb excess nutrients, thereby reducing bacterial and chemical input to the waterways from such stormwater runoff or chemicals. The shoreline vegetative buffer shall be subject to the provisions of Chapter 129, and activities within that area shall require a permit as specified in Chapter 129.

[Amended 5-16-2003 by L.L. No. 7-2003]

New subdivisions. The following shall apply to the formation of new subdivisions, any portion of which lies within the Near Shore District:

Shoreline vegetative buffer. A shoreline vegetative buffer as described at § 133-12C shall be maintained adjacent to all bay, creek, estuary, stream, fresh or pond shorelines and wetlands. The buffer depth shall be 75 feet.

Park or recreation area requirement. Each subdivision is required to provide park or recreation area pursuant to § 111-34.1 of this Code. Structures shall not be permitted within the park or recreation area except those supporting the protection purposes of the park requirement.

[Amended 9-20-2002 by L.L. No. 11-2002]

Contiguous areas. In acting on subdivisions either entirely or partially within the district, the Planning Board shall consider all portions of the subdivision as if located within the district.

Acreage averaging. The Planning Board may approve plats for acreage averaging, as provided at § 133-26.

Development of lots: procedure. A building permit shall be required for construction on individual or multiple lots and for uses of lots located in whole or in part within the Near Shore District, whether previously or newly subdivided, if involving the creation of nonbuilding impervious surface in excess of a cumulative total of 1,000 square feet.

Application for building permit. An application for a building permit shall be submitted to the Building Department on a form prescribed by the Building Department. Such application shall include the following:

A current certified survey, with two-foot topographic intervals, prepared by a licensed surveyor, showing the location of all proposed and existing buildings and structures whether or not requiring a building permit and with measurements to the property line and any floodplain areas (see definition). In the case of tidal or freshwater wetlands or shoreline, or where vegetation buffers exist, the landward boundaries of same shall be indicated.

Final approval of the building permit shall not be granted until all required Town and other governmental permits are received.

Any additional hydrological computations, archaeological, topographical or engineering studies, factual or scientific data as deemed necessary by the Building Department or Planning Board, if applicable, to permit a proper determination.

Development of lots: requirements. Individual or multiple lot development shall be subject to the following:

When natural vegetation exists, a shoreline vegetative buffer of a minimum of 75 feet shall be maintained landward of the boundaries of shorelines, wetlands, creeks, estuaries and tidal or freshwater ponds.

Buildings and structures shall not be permitted within said shoreline vegetative buffer, with the following exceptions:

Docks, bulkheads, and boardwalks;

Gazebos and similar structures consisting of less than 100 square feet in total size.

Buildings and structures including wastewater disposal systems and sanitary systems shall be located at least 100 feet from the landward edge of a tidal or freshwater wetland. Septic systems shall be located at least two feet above seasonal high groundwater, or as the Suffolk County Department of Health Services directs, whichever is more restrictive.

[Amended 7-20-2001 by L.L. No. 10-2001]

A septic system, cesspool and/or leaching field which lawfully exists on the effective date of this section may continue, except that it shall be upgraded to meet these requirements if either or both of the following occur:

The septic system is to be replaced or requires repairs due to inadequacy or failure, such as the discharge of effluent directly or indirectly into surface waters or wetlands.

It is determined that the septic system is substandard in that it will not meet Suffolk County Department of Health Services requirements.

Upgraded systems shall have any discharge into the ground in accordance with the regulations of the Suffolk County Department of Health Services. Points of discharge shall be placed no less than 100 feet landward of such boundary of tidal or freshwater wetlands.

[Amended 7-20-2001 by L.L. No. 10-2001]

Except as provided below, driveways and parking areas shall be of permeable material, except where the slope is greater than 15°. Where impermeable material is used due to the degree of slope, drainage of stormwater shall be retained and recharged to the aquifer on site.

[Amended 1-3-2012 by L.L. No. 1-2012]

Impermeable driveways may be allowed where the slope is less than 15°, subject to obtaining a building permit and having a stormwater collection, storage and recharge system designed to accommodate a two-inches-in-twenty-four-hour rain event for 100% of the paved driveway area. The stormwater collection system shall be certified by a New-York-State-licensed professional engineer, architect or landscape architect, be specifically designed for the property and must meet Suffolk County Health Department and New York State Department of Environmental Conservation regulations.

An impermeable driveway of 1,000 square feet or less may be installed where the slope is less than 15°, subject to obtaining a building permit, installing a minimum size four-foot-by-eight-foot drywell in a manner approved by the Building Inspector to collect and recharge its stormwater runoff, and meeting the Suffolk County and New York State Department of Environmental Conservation regulations. Professional architects or engineers are not needed for this impermeable driveway installation since a four-foot-by-eight-foot drywell can accommodate the runoff of a two-inch-per-hour rain event when properly installed by the contractor.

[Amended 11-30-2018 by L.L. No. 14-2018]

Driveways legally existing as of the date of adoption of this section are exempt from these provisions unless more than 50% of the existing square footage is modified, at which point they shall be treated as a nonconforming structure subject to the provisions of § 133-23.

During construction, provisions must be made to prevent stormwater drainage from eroding the site or discharging to any wetland or water body without appropriate treatment to avoid contamination, including recharge where possible, and use of vegetative filter strips, catch basins and other devices where not possible.

Each lot shall have provisions on site to contain and recharge rainwater to the aquifer. Roof rainwater shall be collected via downspouts to a dry well, or to a dry well directly beneath the roof (French Drain). Any cisterns which can be documented to have been used to collect rainwater prior to August 2009 may be continued to be used until they require reconstruction or replacement, at which time they must come into compliance with the Town Code.

[Amended 7-31-2009 by L.L. No. 12-2009]

Pipes, culverts, drains or similar structures which discharge stormwater directly or indirectly into surface waters or into wetlands are prohibited. Such structures shall be removed or permanently blocked no later than five years from the effective date of this subsection.

Fuel tanks for storage of petroleum products other than propane shall be placed above ground and in an area capable of containing the full contents of the fuel tank plus 10% in the event of leakage so that no fuel enters the ground. This section shall not apply to petroleum storage facilities subject to the regulations in 6 NYCRR Part 614 and Article 12 of the Suffolk County Sanitary Code.

[Amended 10-2-2009 by L.L. No. 15-2009]]

[1]Prior to issuance of a certificate of occupancy, a final inspection of the property shall be made by the Building Inspector/Zoning Officer to assure that all ecological requirements of this section have been fulfilled.

Editor's Note: Former Subsection F(11), regarding irrigation systems, was repealed 3-3-2015 by L.L. No. 6-2015. This local law also provided for the renumbering of former Subsections F(12) and (13) as Subsections F(11) and (12), repectively.

No accessory apartment, two-family dwelling, or boardinghouse may be continued or operated unless it can be demonstrated to the satisfaction of the Building Inspector/Zoning Officer that it was legally established and operating prior to the enactment of this chapter.

§ 133-13 Special zoning districts.

The Town Board reserves the right to create special zoning districts either through separate districts or overlay districts to meet the anticipated future needs of the community with respect to housing, industrial uses, open spaces and aquifer protection.

Basic provisions. Wherever special zoning districts are created within a zoning district, the following uses and purposes may be allowed by the Town Board in addition to the uses already included:

Housing with occupancy limited to households comprised of residents aged 55 or older.

Multifamily dwellings.

Open space/aquifer protection.

Industrial.

District regulations. Prior to or simultaneous with amending the Zoning Map to create a special zoning district, the Town Board shall adopt regulations for that district. Those regulations shall become a part of this chapter and, at minimum, shall specify the following:

Limitations on the specific type of use to be allowed.

Dimensional regulations.

Performance requirements and mandated mitigations regarding landscape buffering, traffic, water supply, water quality and sewerage.

Any special permit submittal requirements which are specific to that district.

Any special permit criteria which are specific to that district.

Shelter Island City Zoning Code

ARTICLE III

District Regulations

§ 133-5 Applicability.

Relationship to other restrictions. The regulations of this chapter shall apply in all districts to which they are germane. Such regulations shall not affect any provision of law, ordinance, restrictive covenant, easement or other agreement between parties or rule, regulation or permit which may presently exist or may be hereafter adopted; provided, however, that where this chapter imposes greater restrictions, the provisions of this chapter shall control.

Classifications. Uses not listed as being permitted or permitted by special permit are prohibited. Where an activity might be classified under more than one of the use categories of this chapter, the more specific classification shall determine whether the use is permitted or prohibited. If the categories are equally specific, the proposed activity:

Shall be permitted only if both categories are permitted at that location.

Shall be permitted by special permit if one category is authorized by special permit and the other category is permitted.

Split lots.

Where a basic district boundary line divides a legal lot in existence at the time such boundary line is adopted, the bulk and use regulations shall apply as follows:

For a use allowed in both districts, the lot shall be considered as a whole, and the bulk regulations of the district in which the majority of the lot frontage lies shall apply to the entire lot.

For a use allowed in one of the districts in which it lies, but not allowed in another, the use and bulk regulations of the district in which the lot has frontage may be extended into the more restricted district to a line parallel to and not more than 300 feet from the street frontage.

Applicability of overlay districts dividing preexisting lots shall be as specified in the provisions for those districts in §§ 133-11 through 133-13.

§ 133-6 District A (Residential).

District purpose: to provide for moderate-density residential development where similar development already exists.

Bulk regulations.

Lot area shall be not less than 40,000 square feet.

Lot frontage shall be not less than 140 feet.

Lot coverage shall not exceed the following:

By buildings: 25% of lot area;

By all impervious surfaces, including buildings: 40% of lot area.

There shall be not more than one one-family dwelling per lot except as authorized under § 133-17.

Setbacks shall be not less than the following:

Front setback: 40 feet for all structures.

Side and rear setbacks:

Principal buildings and accessory apartments, including all permanently-affixed mechanical equipment other than submersible wells: 25 feet.

[Amended 7-11-2014 by L.L. No. 6-2014]

Accessory buildings containing sleeping quarters, accessory buildings of more than one story, swimming pools, tennis courts, or similar structures: 20 feet.

[Amended 4-17-2009 by L.L. No. 3-2009]

Other accessory buildings: 12 1/2 feet.

The square foot living area of a one-family dwelling and any conditioned accessory structures shall not be more than 5,999 square feet, nor less than 1,200 square feet, of which a minimum of 850 square feet must be on the first floor, excluding the following unconditioned structures: porches, breezeways, attached garages and basements.

[Amended 5-6-2024 by L.L. No. 3-2024]

Building height shall not exceed two stories, and shall not exceed 25 feet for buildings on which there is a flat or mansard roof, or 35 feet for buildings on which there is a gable, hip or gambrel roof.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Permitted principal uses:

One-family dwellings.

[Amended 6-3-2005 by L.L. No. 4-2005; 4-30-2010 by L.L. No. 4-2010; 5-6-2024 by L.L. No. 3-2024]

Permitted community service uses.

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Permitted business uses.

The raising of trees, shrubs, plants and food crops and the tillage of the soil generally.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Permitted principal uses requiring a special permit by the Zoning Board of Appeals:

Clubs: private or nonprofit organizations and/or facilities associated with such clubs.

Riding rings, noncommercial.

Educational institutions, subject to the following requirements:

No building shall be less than 50 feet from any street or boundary line.

Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such.

Nursery schools and/or day-care centers, subject to the following requirement:

If operated within a dwelling, no more than five children shall be enrolled.

Two-family dwelling.

Any use of the same general character as any of the uses herein specifically permitted in this section.

Permitted accessory uses.

Personal use by occupants of the premises:

Storage and repair of boats.

Private dock. No more than two boats shall be accommodated with berthing, mooring, docking or accessory parking, so long as said boats are not used as a residence. (See also Chapter 40, Boats, and Chapter 53, Docks).

The keeping and maintenance of livestock and/or poultry, provided that such animals shall not be penned within 40 feet of any lot line.

Private garages.

Not more than one accessory building for sleeping accommodations.

Business uses.

The office of a professional person or a home business office, subject to the requirements of § 133-18.

A home occupation if either already lawfully existing or an activity allowed at that location as a principal use, subject to the requirements of § 133-18.

Other accessory uses.

An accessory building used for sleeping quarters for domestics, house guests and members of the family. No accessory building shall have kitchen facilities or shall be used for rental purposes. The area of any floor with accessory sleeping quarters shall be not less than 480 square feet, excluding closets, bathrooms, pantries, porches, breezeways and attached garages. The accessory sleeping quarters shall include no more than two conventional bedrooms.

[Amended 3-5-2004 by L. L. No. 5-2004; 3-10-2017 by L.L. No. 1-2017]

Accessory buildings or structures customarily used or incidental to any of the principal uses permitted in the district, provided that the accessory building shall be on the same lot as the principal building and under the same ownership and shall meet the bulk regulations for the district.

Bed-and-breakfasts subject to the requirements of § 133-14.

Accessory apartments, as provided in § 133-17.[1]

Editor's Note: Former Subsection F, regarding permitted principal uses requiring a special permit, added 6-3-2005 by L.L. No. 4-2005, which immediately followed, was repealed 5-6-2024 by L.L. No. 3-2024.

§ 133-7 District AA (Residential).

District purpose: to provide for low-density residential development in coastal environments.

Bulk regulations.

Lot area shall be not less than 80,000 square feet.

Lot frontage shall be not less than 160 feet.

Lot coverage shall not exceed the following:

By buildings: 25% of lot area.

By all impervious surfaces, including buildings: 40% of lot area.

There shall be not more than one one-family dwelling per lot except as authorized under § 133-17.

Setbacks shall be not less than the following:

Front setbacks: 50 feet for all structures.

Side and rear setbacks:

Principal buildings and accessory apartments, including all permanently-affixed mechanical equipment other than submersible wells: 30 feet.

[Amended 7-11-2014 by L.L. No. 6-2014]

Accessory buildings containing sleeping quarters, accessory buildings of more than one story, swimming pools, tennis courts, or similar structures: 30 feet.

[Amended 4-17-2009 by L.L. No. 3-2009]

Other accessory buildings: 15 feet.

The setbacks for lots in Zone AA shall revert to those set forth in § 133-6B(5), Zone A in the event that:

[Added 4-12-2019 by L.L. No. 7-2019]

The lot is identified on the "Reversion Map" to be maintained by the Building Department indicating lots that have been established as entitled to reversion; or

For nonconforming lots, proof is provided to the Building Department in the form of a certified deed that predates the creation of the AA Zone on August 24, 1973 where the metes and bounds match the metes and bounds on the current county tax maps current as of the date of enactment of this section. Upon receipt of such proof, the lot shall be added to the Reversion Map. This subsection applies only to lots with an area of less than 80,000 square feet currently zoned AA.

The square foot living area of a one-family dwelling and any conditioned accessory structures shall not be more than 5,999 square feet, nor less than 1,200 square feet, of which a minimum of 850 square feet must be on the first floor, excluding the following unconditioned structures: porches, breezeways, attached garages and basements.

[Amended 5-6-2024 by L.L. No. 3-2024]

Building height shall not exceed two stories, and shall not exceed 25 feet for buildings on which there is a flat or mansard roof, or 35 feet for buildings on which there is a gable, hip or gambrel roof.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Permitted principal uses.

One-family dwellings.

[Amended 6-3-2005 by L.L. No. 4-2005; 4-30-2010 by L.L. No. 4-2010; 5-6-2024 by L.L. No. 3-2024]

Community service:

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Business:

The raising of trees, shrubs, plants and food crops and the tillage of the soil generally.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Permitted principal uses requiring a special permit by the Zoning Board of Appeals:

Clubs: private, nonprofit organizations and/or facilities.

Educational institutions, subject to the following requirements:

No building shall be less than 50 feet from any street or boundary line.

Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such.

Nursery schools and/or day-care centers subject to the following requirement:

If operated within a dwelling, no more than five children shall be enrolled.

Riding rings, noncommercial.

Any use of the same general character as any of the uses herein specifically permitted in this section.

Permitted accessory uses.

Personal use by occupants of the premises:

Storage and repair of boats.

Private dock. No more than two boats shall be accommodated with berthing, mooring, docking or accessory parking so long as said boats are not used as a residence. (See also Chapter 40, Boats, and Chapter 53, Docks.)

The keeping and maintenance of livestock and/or poultry, provided that such animals shall not be penned within 40 feet of any lot line.

Private garages.

Business uses:

The office of a professional person or a home business office, subject to the requirements of § 133-18.

A home occupation if either already lawfully existing or an activity allowed at that location as a principal use, subject to the requirements of § 133-18.

Other accessory uses:

An accessory building used for sleeping quarters for domestics, house guests and members of the family. No accessory building shall have kitchen facilities or shall be used for rental purposes. The area of any floor with accessory sleeping quarters shall be not less than 480 square feet, excluding closets, bathrooms, pantries, porches, breezeways and attached garages. The accessory sleeping quarters shall include no more than two conventional bedrooms.

[Amended 3-5-2004 by L.L. No. 5-2004; 3-10-2017 by L.L. No. 1-2017]

Accessory buildings or structures customarily used or incidental to any of the principal uses permitted in the district, provided that the accessory building shall be on the same lot as the principal building and under the same ownership and shall meet the bulk regulations of the district.

Bed-and-breakfasts subject to the requirements of § 133-14.

Accessory apartments, as provided in § 133-17.[1]

Editor's Note: Former Subsection F, regarding permitted principal uses requiring a special permit, added 6-3-2005 by L.L. No. 4-2005, which immediately followed, was repealed 5-6-2024 by L.L. No. 3-2024.

§ 133-8 District B (Business).

District purpose: to provide areas for mixed business uses, including residential; business, retail and other services for island residents and visitors.

Bulk regulations.

Lot area shall be not less than 40,000 square feet.

Lot frontage shall be not less than 100 feet. (3)

Lot coverage for premises used in whole or in part as a dwelling shall not exceed the following:

By buildings: 70% of lot area.

By all impervious surfaces, including buildings: 75% of lot area.

There shall be not more than one one-family dwelling per lot.

Except as otherwise specified herein, setbacks for all structures shall be not less than the following:

Front setbacks: 30 feet.

Side and rear setbacks: 10 feet.

The living area of a dwelling shall be not less than 780 square feet, excluding porches, breezeways, attached garages and basements.

Building height shall not exceed two stories, and shall not exceed 25 feet for buildings on which there is a flat or mansard roof, or 35 feet for buildings on which there is a gable, hip or gambrel roof.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Off-street parking. No business structure may be established unless sufficient off-street (on-site) parking facilities are provided to eliminate any traffic hazard, as follows: one parking space of 20 feet by 10 feet for each 200 square feet, or portion thereof, of interior space of the aggregate of all buildings situated on the parcel.

Permitted principal uses.

Residential:

One-family dwellings.

Community service:

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Business:

Retail stores or shops, including but not limited to the following, but excluding gas stations or other uses listed as requiring a special permit in § 133-8D:

Baker, pastry, candy or confectionery stores.

Grocery stores and delicatessens.

Liquor stores.

Paint, wallpaper or interior decorating shops.

Personal service shops, barbershops, beauty salons, travel agencies, dressmakers, tailors or similar shops.

Radio and television shops and household appliances.

Offices, business or professional.

The following trades and services:

Boat building, repair and storage.

Carpentry, cabinetmaking, furniture or upholstery.

Electricians, blacksmith, welding, plumbing and heating shops.

General builders and general contractors.

Grounds maintenance, greenhouses and nurseries.

Jewelry, watch, clock or optical goods and musical, professional or scientific instrument manufacture and/or repair.

The raising or sale of trees, shrubs, plants, flowers, food crops and the tillage of the soil generally.

The sale of milk, meat products and eggs.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Job printing and bookbinding.

Any use of the same general character as approved by the Town Board.

Permitted principal uses requiring a special permit by the Town Board:

Animal hospital, subject to the following requirements:

The housing of all animals shall be in a fully enclosed structure and shall not be closer than 100 feet to any street line or lot line.

The entire lot shall be suitably landscaped in order to reduce the sound level.

Bank.

Boardinghouse.

Cemeteries.

Clubs: private or nonprofit organizations and/or facilities associated with such clubs, except golf, beach or country clubs.

Commercial accommodations, such as hotels and motels, subject to the following provisions:

All outdoor activities shall be so located on the property that they shall be reasonably screened from view and compatible with the existing use of neighboring properties.

Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of the Town and the Suffolk County Department of Health Services, and such facilities shall be designed to protect the groundwater from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.

One parking space per guest bedroom shall be required.

Dry cleaners and coin-operated laundromats with more than four machines, provided that the overall facility shall be designed, located and operated to protect against pollution of groundwater.

Educational institutions, subject to the following requirements:

No building shall be less than 50 feet from any street or boundary line.

Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such.

Any school shall occupy a lot with an area of not less than one acre plus one acre for each 25 pupils for which the building is designed.

Funeral homes.

Gasoline service stations and fuel storage facilities, subject to the following provisions:

All such uses shall be located on sites large enough to contain the impact of any potential accident that might result from such uses without damage to adjacent properties, surface waters, groundwater or tidal waters.

The minimum lot size shall be 40,000 square feet; lot frontage shall be no less than 200 feet.

The installation and use of petroleum products shall be in conformance with the regulations of the National Fire Protection Association, the Suffolk County Department of Health Services, the National Board of Fire Underwriters and any other federal, state, county and local agency having jurisdiction.

The recommendations of the Fire Chief of the Shelter Island Fire District shall be considered prior to the approval of such use.

No church, school, library, playground, museum, historic building or similar place of public assembly, drainage channel, surface water or environmental parks shall be within 500 feet of the site.

Entrance or exit driveways shall be located at least 20 feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.

All fuel pumps and tanks and dispensing devices shall be located at least 50 feet from any building, structure or street line.

All automobile parts, dismantled vehicles and similar articles shall be stored within a building or behind a fence or shrubbery which will effectively screen the area from public view.

Storage areas for vehicles waiting for service shall be provided on the site and shall not occur on a public street or highway.

Golf courses, private athletic fields, country clubs and beach clubs, subject to the following provisions:

All outdoor activities shall be so located on the property that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.

Outdoor lighting shall not project direct light onto neighboring properties.

There shall be no outdoor public address or music system audible beyond the limits of the property, except by permit of the Town Board.

Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of the Town and the Suffolk County Department of Health Services, and such facilities shall be designed to protect the groundwater from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.

Hospitals, subject to the following requirements:

No building or part thereof shall be located within 50 feet of any lot line.

All buildings shall be of fire-resistant construction.

The use shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health Services.

Marinas and boatyards subject to the following provisions:

No deleterious effect shall be created with reference to the surface water or groundwaters of the town, and the effect of development on the ecology of adjacent tidal waters shall be minimized.

Sanitary rest rooms, holding tanks and sewage disposal shall be provided in accordance with the regulations of the town, the Suffolk County Department of Health Services and New York State.

There shall be provisions made for the collection and disposal of boat-generated solid wastes in accordance with Town regulations.

Outdoor lighting shall not project direct light onto neighboring properties, other than those navigational aides deemed necessary by the town.

Fuel-storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high water line, except that fuel pumps may be located conveniently to service boats, provided that adequate precautions are taken to prevent spillage in the waters of the town.

One parking space per each boat slip, mooring, dock space or similar unit of capacity shall be provided.

Medical arts buildings.

Movie theaters, indoor, subject to the following requirements:

Outdoor lighting shall not project direct light onto neighboring properties.

There shall be no outdoor public address or music systems audible beyond the limits of the property.

One parking space per every two persons of rated occupancy as determined by, the New York State Uniform Building and Fire Prevention Code shall be required.

Moving and storage and general trucking, provided that all dismantled automobiles, trucks, tractors and similar equipment and parts thereof shall be stored within a building or behind a fence or shrubbery which will effectively screen the area from public view.

Nightclubs, taverns and bars, subject to the following provisions:

There shall be no outdoor public address or music system.

Premises and structures shall be so arranged and designed as to prevent activities on the premises from being visible from adjoining properties or the street, except for outside dining, and as to contain any sound or direct lighting emanating from activities within the premises.

One parking space per every two persons of rated occupancy as determined by the New York State Uniform Building and Fire Prevention Code shall be required.

Nursery school or child day care, subject to the following provisions:

The school shall not have more than 15 children unless the building is of fireproof or semi-fireproof construction as defined by the New York State Uniform Building and Fire Prevention Code.

No play area shall be located on or adjacent to an open pool, watercourse, pond, lake or tidewater area without the benefit of suitable fence and protective devices.

Nursing homes or rest homes, subject to the following requirements:

No building or part thereof shall be located within 50 feet of any lot line.

All buildings shall be of fire-resistant construction.

Public garages or automobile shops, subject to the following provisions:

All automobile parts, dismantled vehicles and similar articles shall be stored within a building or behind a fence or shrubbery which will effectively screen the area from public view.

Storage areas for vehicles waiting for service shall be provided on the site and shall not occur on a public street or highway.

Any storage of flammable liquids or gas shall be in conformance with applicable recommendations of the National Board of Underwriters, the regulations of the Suffolk County Department of Health Services and/or any other agency having jurisdiction.

The overall facility shall be designed, located and operated to protect against pollution of groundwater.

Public libraries, public museums and Town offices.

Public utility structures necessary to serve the community.

Recreation facilities, indoor and outdoor.

Riding rings, noncommercial.

Standard restaurants, provided that:

One parking space shall be provided off street per four persons of rated occupancy (including outside dining) as determined by the New York State Uniform Building and Fire Prevention Code or 10 spaces, whichever is greater.

There shall be no drive-through facilities.

Two-family dwellings.

Any use of the same general character as any of the uses herein specifically permitted or allowed on special permit in this section.

Any change of any of the uses specifically permitted or allowed on special permit in this section.

Permitted accessory uses.

Personal use by occupants of the premises:

Storage and repair of boats.

Private marina or dock. (See also Chapter 40, Boats, and Chapter 53, Docks).

The keeping and maintenance of livestock and/or poultry, provided that such animals shall not be housed within 40 feet of any lot line.

Private garages.

Business uses:

The office of a professional person or a home business office, subject to the requirements of § 133-18.

Bed-and-breakfast, subject to the requirements of § 133-14.

Other accessory uses.

Accessory buildings or structures customarily used or incidental to any of the principal uses permitted in the district, provided that the accessory building shall be on the same lot as the principal building and under the same ownership and shall meet the bulk requirements of the district.

Accessory apartments, as provided in § 133-17

§ 133-9 District B-1 (Restricted Business).

District purpose. The restricted business zone was established to maintain the historic, park-like, government-center appearance of the Town center. Commercial enterprises are restricted to the types of uses that would have the least impact on the appearance, traffic patterns, character, and parking facilities of the existing neighborhood. Special permits are required for all buildings and uses (except governmental buildings and uses) in the district, to ensure that the special criteria established for this zone are considered in the initial planning process, whether it be for new buildings and uses or for the renovation or replacement of existing buildings or uses.

Bulk regulations.

Lot area shall not be less than 40,000 square feet.

Lot frontage shall be not less than 100 feet.

Lot coverage shall not exceed the following:

By buildings: 50% of lot area.

By all impervious surfaces, including buildings: 75% of lot area.

Setbacks shall be not less than the following:

Front setback: 30 feet.

Side and rear setbacks: 10 feet.

Building height shall not exceed 35 feet.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Any building must contain a minimum of 600 square feet.

Permitted principal uses:

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Permitted principal uses requiring a special permit by the Town Board.

Residential:

One-family dwellings.

Community service:

Educational institutions.

Libraries.

Museums.

Offices of county, state or federal government.

Business offices, such as:

Accountants.

Architects.

Attorneys.

Audiologists.

Bookkeepers.

Chiropractors.

Dentists.

Draftsmen.

Engineers.

Financial advisors.

Insurance agents or brokers.

Journalists.

Medical doctors.

Opticians.

Optometrists.

Osteopaths.

Podiatrists.

Physical therapists.

Real estate agents or brokers.

Surveyors.

Permitted accessory uses requiring a special permit from the Town Board.

Residential:

Private garages.

The office of a professional person or a home business office, subject to the requirements of § 133-18.

Bed-and-breakfasts, subject to the requirements of § 133-14.

Home occupations if either already in existence or the activity is one allowed as a principal use at that location, subject to the requirements of § 133-18.

Business:

Private garages.

Special permit criteria. Applications for special permits shall be subject to the provisions of §§ 133-19, 133-20, 133-33 and 133-34. In addition, all structures in the B-1 District and uses listed in Subsections D and E of this section will be subject to the following special permit criteria:

Off-street parking. No business structure may be established unless sufficient off-street (on-site) parking facilities are provided to eliminate any traffic hazard, as follows: one parking space of 20 feet by 10 feet for each 200 square feet, or portion thereof, of the interior space of all buildings situated on the parcel.

Architectural features. Visible architectural features of all buildings and structures shall be compatible with the architectural styles of the existing Town government structures in the area.

Roofs must be gabled, gambrel or hip type with aesthetically compatible roof materials.

Exterior siding must be red brick, clapboard or shingle or a combination, finished in natural colors or colors appropriate to the neighborhood.

Windows and doors must be of traditional design.

Outdoor lighting must be limited to the minimum required for the safe illumination of entrances, walkways, ramps, steps and parking areas.

Traffic patterns. Site plan traffic flow shall be designed to promote ease of use and safety with adequate maneuvering space and safe ingress and egress from public roads.

Signs. All signs must be of traditional design and subject to the provisions of § 133-27 except that temporary signs or posters as described in § 133-27B(7) shall be limited to the interior of all buildings.

Off street loading and unloading areas. Site plan design must include provisions for off-street loading and unloading areas, preferably at the rear of all buildings.

Water and sewerage. Provision for water and sewerage shall be in accordance with the Suffolk County Department of Health requirements.

Outdoor storage. No outdoor storage, vending machines or display of any kind will be permitted.

Window displays. Window displays shall be limited to signs indicating the name, address and/or type of businesses occupying the premises within.

Other criteria. Any other criteria that the Town Board may deem critical to the retention of the municipal park-like or historical appearance of the area or to promote safety and minimize traffic congestion.

Nonconforming lots, buildings and uses. All nonconforming lots, buildings and uses shall be subject to the provisions of § 133-21, 133-22 and 133-23, except as follows:

All approvals required in § 133-23 will be by the Town Board (not the Zoning Board of Appeals) with the exception of § 133-23G.

Any alteration, expansion or restoration of buildings or structures shall conform where possible to the special permit criteria specified in Subsection F of this section.

§ 133-10 District C (Residential).

District purpose: to provide for medium-density residential development together with a moderate amount of carefully controlled nonresidential uses.

Bulk regulations.

Lot area shall be not less than 40,000 square feet.

Lot frontage shall be not less than 100 feet.

Lot coverage shall not exceed the following:

By buildings: 30% of lot area.

By all impervious surfaces, including buildings: 40% of lot area.

There shall be not more than one one-family dwelling per lot except as authorized under § 133-17.

Setbacks for all structures shall be not less than the following:

Front setbacks: 30 feet.

Side and rear setback including all permanently-affixed mechanical equipment other than submersible wells: 10 feet.

[Amended 7-11-2014 by L.L. No. 6-2014]

The square foot living area of a one-family dwelling and any conditioned accessory structures shall not be more than 5,999 square feet, nor less than 1,200 square feet, of which a minimum of 850 square feet must be on the first floor, excluding the following unconditioned structures: porches, breezeways, attached garages and basements.

[Amended 5-6-2024 by L.L. No. 3-2024]

Building height shall not exceed two stories, and shall not exceed 25 feet for buildings on which there is a flat or mansard roof, or 35 feet for buildings on which there is a gable, hip or gambrel roof.

[Amended 6-3-2024 by L.L. No. 7-2024; 10-28-2024 by L.L. No. 15-2024]

Permitted principal uses.

One-family dwellings.

[Amended 6-3-2005 by L.L. No. 4-2005; 4-30-2010 by L.L. No. 4-2010; 5-6-2024 by L.L. No. 3-2024]

Community service:

Structures and/or uses owned and operated by or for the Town of Shelter Island.

Business:

The raising of trees, shrubs, plants and food crops and the tillage of the soil generally.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Permitted principal uses requiring a special permit by the Zoning Board of Appeals:

Two-family dwellings.

Clubs: private or nonprofit organizations and/or facilities associated with such clubs.

Riding rings, noncommercial.

Educational institutions, subject to the following requirements:

No building shall be less than 50 feet from any street or boundary line.

Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such.

Nursery schools and/or day-care centers, subject to the following requirement:

If operated within a dwelling, no more than five children shall be enrolled.

Cemeteries.

Any use of the same general character as any of the uses herein specifically permitted in this section.

Permitted accessory uses:

Personal use by occupants of the premises:

Storage and repair of boats.

Private dock. No more than two boats shall be accommodated with berthing, mooring, docking or accessory parking, so long as said boats are not used as a residence. (See also Chapter 40, Boats, and Chapter 53, Docks.)

The keeping and maintenance of livestock and/or poultry, provided that such animals shall not be housed within 40 feet of any lot line.

Private garages.

Garden houses, storage buildings, pools, tennis courts or similar structures, provided that required setbacks and regulations are met.

Business uses:

The office of a professional person or a home business office, subject to the requirements of § 133-18.

Bed-and-breakfast, subject to the requirements of § 133-14.

Home occupations. The following home occupations are allowed, subject to the requirements of § 133-18:

Offices.

Carpenter, cabinetmaking, painting contractor, furniture or upholstery shop.

Electrician shop, radio or television, gunsmithing, plumbing, tinsmithing, jewelry, watch, clock and optical goods repairing.

Home laundering, tailoring, dressmaking, hairdressing, shoemaking and repairs.

Job printing and bookbinding.

Beauty salons.

Greenhouses.

Landscaping.

Public stenographic offices.

The sale and processing of oysters, scallops, clams, fish, milk, meat products and eggs.

Boat building, storage and repairs.

The sale at retail of farm, garden or nursery products produced on the premises of or of the products of animals raised on the premises.

Lawn and garden equipment repair and maintenance.

[Added 4-5-2012 by L.L. No. 2-2012[1]]

Editor’s Note: This local law also provided for the renumbering of former Subsection E(2)(c)[13] as Subsection E(2)(c)[14].

Any accessory use of the same general character as any of the principal uses herein specifically permitted when authorized by the Zoning Board of Appeals in accordance with the considerations set forth in § 133-35 and the provisions of Article VIII of this chapter.

Other accessory uses:

An accessory building used for sleeping quarters for domestics, house guests and members of the family. The area of any floor with accessory sleeping quarters shall be not less than 480 square feet, excluding closets, bathrooms, pantries, porches, breezeways and attached garages. The accessory sleeping quarters shall include no more than two conventional bedrooms.

[Amended 3-5-2004 by L.L. No. 5-2004; 3-10-2017 by L.L. No. 1-2017]

Accessory apartment, as provided at § 133-17.[2]

Editor's Note: Former Subsection F, regarding permitted principal uses requiring a special permit, added 6-3-2005 by L.L. No. 4-2005, which immediately followed, was repealed 5-6-2024 by L.L. No. 3-2024.

§ 133-11 (Reserved) [1]

Editor’s Note: Former § 133-11, Undeveloped Coastal Barrier District, was repealed 12-2-2011 by Ord. No. 9-2011.

§ 133-11.1 Causeway District.

[Added 12-2-2011 by L.L. No. 8-2011]

District purpose. The Town Board finds that the causeway areas are unique in their characteristics so as to justify special district classification and development regulation for the following reasons:

They are contiguous tracts of land with water on both sides;

They are low-lying and prone to flooding from opposite directions;

They have extremely small depth to ground water, with little traditional upland to be devoted to development and septic with the need to bring in fill;

They are in or adjacent to both the federal FEMA line and the NYS Coastal Erosion Hazard Area line; and

They provide scenic benefits along a public roadway.

Bulk regulations.

Lot area shall be not less than 80,000 square feet, except that for all subdivisions occurring after the date of adoption of this section, the minimum lot area shall be not less than 200,000 square feet.

Lot frontage shall be not less than 160 feet.

Lot coverage shall not exceed the following:

By buildings: As established by causeway wetlands permit provisions of Chapter 129.

By all impervious surfaces, including buildings: As established by causeway wetlands permit provisions of Chapter 129.

There shall be not more than one one-family dwelling per lot.

Setbacks shall be not less than the following:

Front setbacks: 50 feet for all structures.

Side and rear setbacks: 30 feet for building, including heating, ventilation, air-conditioning units.

Building height, as defined in Chapter 133, shall not exceed 25 feet from natural grade and the natural grade may not be altered.

Permitted principal uses.

One-family dwellings of a size permitted under Chapter 129.

Roads, structures and/or uses owned and operated by or for the Town of Shelter Island.

Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

Permitted accessory uses.

Personal use by occupants of the premises:

Storage of boats.

Catwalk to mean high water with light permeable deck grating.

Special district regulations.

Activity on any portion of property lying within the Causeway Overlay District shall require a causeway wetlands permit as specified in Chapter 129.

Any preexisting nonconformity, including bulkheads and docks in the zone which lawfully exist prior to the adoption of this section, shall be treated as nonconforming and may continue subject to the rules set forth in § 133-23.

§ 133-12 Near Shore and Peninsular Overlay District.

From and after the effective date of this section, the regulations herein shall apply to properties within the Near Shore and Peninsular Overlay District (also cited herein as the "Near Shore District") in accordance with the map, notwithstanding other requirements of this chapter or other chapters of Town Code which may be applicable to those same locations. Properties that contain wetlands must comply with Chapter 129 of the Code of the Town of Shelter Island, which is the Wetlands Local Law.

District purpose: to protect selected areas of unique importance to the water and other natural resources of the town.

Purpose and findings. The Town Board of the Town of Shelter Island finds and declares it to be public policy of the Town to preserve and protect the natural resources of the Town in the most ecologically sensitive areas where one or more of the following criteria apply:

The freshwater table is close to sea level and risk of salt water intrusion exists or has occurred through consumptive use of available potable water.

The land surface is close to the level of the freshwater table, increasing the risk of pollution of the aquifer.

The land drains toward creek or bay waters, increasing potential pollution from surface or below-ground drainage.

Density of development and anticipated future development threaten the ecologically sensitive areas.

The land drains toward freshwater ponds which are hydraulically connected to outcroppings of the freshwater table which may result in pollution of the freshwater table.

Shoreline vegetative buffer. The purpose of the shoreline vegetative buffer is to protect bay, creek or fresh waters from pollution caused by stormwater runoff, or by applications of chemicals to the land. Such buffers should be able to absorb excess nutrients, thereby reducing bacterial and chemical input to the waterways from such stormwater runoff or chemicals. The shoreline vegetative buffer shall be subject to the provisions of Chapter 129, and activities within that area shall require a permit as specified in Chapter 129.

[Amended 5-16-2003 by L.L. No. 7-2003]

New subdivisions. The following shall apply to the formation of new subdivisions, any portion of which lies within the Near Shore District:

Shoreline vegetative buffer. A shoreline vegetative buffer as described at § 133-12C shall be maintained adjacent to all bay, creek, estuary, stream, fresh or pond shorelines and wetlands. The buffer depth shall be 75 feet.

Park or recreation area requirement. Each subdivision is required to provide park or recreation area pursuant to § 111-34.1 of this Code. Structures shall not be permitted within the park or recreation area except those supporting the protection purposes of the park requirement.

[Amended 9-20-2002 by L.L. No. 11-2002]

Contiguous areas. In acting on subdivisions either entirely or partially within the district, the Planning Board shall consider all portions of the subdivision as if located within the district.

Acreage averaging. The Planning Board may approve plats for acreage averaging, as provided at § 133-26.

Development of lots: procedure. A building permit shall be required for construction on individual or multiple lots and for uses of lots located in whole or in part within the Near Shore District, whether previously or newly subdivided, if involving the creation of nonbuilding impervious surface in excess of a cumulative total of 1,000 square feet.

Application for building permit. An application for a building permit shall be submitted to the Building Department on a form prescribed by the Building Department. Such application shall include the following:

A current certified survey, with two-foot topographic intervals, prepared by a licensed surveyor, showing the location of all proposed and existing buildings and structures whether or not requiring a building permit and with measurements to the property line and any floodplain areas (see definition). In the case of tidal or freshwater wetlands or shoreline, or where vegetation buffers exist, the landward boundaries of same shall be indicated.

Final approval of the building permit shall not be granted until all required Town and other governmental permits are received.

Any additional hydrological computations, archaeological, topographical or engineering studies, factual or scientific data as deemed necessary by the Building Department or Planning Board, if applicable, to permit a proper determination.

Development of lots: requirements. Individual or multiple lot development shall be subject to the following:

When natural vegetation exists, a shoreline vegetative buffer of a minimum of 75 feet shall be maintained landward of the boundaries of shorelines, wetlands, creeks, estuaries and tidal or freshwater ponds.

Buildings and structures shall not be permitted within said shoreline vegetative buffer, with the following exceptions:

Docks, bulkheads, and boardwalks;

Gazebos and similar structures consisting of less than 100 square feet in total size.

Buildings and structures including wastewater disposal systems and sanitary systems shall be located at least 100 feet from the landward edge of a tidal or freshwater wetland. Septic systems shall be located at least two feet above seasonal high groundwater, or as the Suffolk County Department of Health Services directs, whichever is more restrictive.

[Amended 7-20-2001 by L.L. No. 10-2001]

A septic system, cesspool and/or leaching field which lawfully exists on the effective date of this section may continue, except that it shall be upgraded to meet these requirements if either or both of the following occur:

The septic system is to be replaced or requires repairs due to inadequacy or failure, such as the discharge of effluent directly or indirectly into surface waters or wetlands.

It is determined that the septic system is substandard in that it will not meet Suffolk County Department of Health Services requirements.

Upgraded systems shall have any discharge into the ground in accordance with the regulations of the Suffolk County Department of Health Services. Points of discharge shall be placed no less than 100 feet landward of such boundary of tidal or freshwater wetlands.

[Amended 7-20-2001 by L.L. No. 10-2001]

Except as provided below, driveways and parking areas shall be of permeable material, except where the slope is greater than 15°. Where impermeable material is used due to the degree of slope, drainage of stormwater shall be retained and recharged to the aquifer on site.

[Amended 1-3-2012 by L.L. No. 1-2012]

Impermeable driveways may be allowed where the slope is less than 15°, subject to obtaining a building permit and having a stormwater collection, storage and recharge system designed to accommodate a two-inches-in-twenty-four-hour rain event for 100% of the paved driveway area. The stormwater collection system shall be certified by a New-York-State-licensed professional engineer, architect or landscape architect, be specifically designed for the property and must meet Suffolk County Health Department and New York State Department of Environmental Conservation regulations.

An impermeable driveway of 1,000 square feet or less may be installed where the slope is less than 15°, subject to obtaining a building permit, installing a minimum size four-foot-by-eight-foot drywell in a manner approved by the Building Inspector to collect and recharge its stormwater runoff, and meeting the Suffolk County and New York State Department of Environmental Conservation regulations. Professional architects or engineers are not needed for this impermeable driveway installation since a four-foot-by-eight-foot drywell can accommodate the runoff of a two-inch-per-hour rain event when properly installed by the contractor.

[Amended 11-30-2018 by L.L. No. 14-2018]

Driveways legally existing as of the date of adoption of this section are exempt from these provisions unless more than 50% of the existing square footage is modified, at which point they shall be treated as a nonconforming structure subject to the provisions of § 133-23.

During construction, provisions must be made to prevent stormwater drainage from eroding the site or discharging to any wetland or water body without appropriate treatment to avoid contamination, including recharge where possible, and use of vegetative filter strips, catch basins and other devices where not possible.

Each lot shall have provisions on site to contain and recharge rainwater to the aquifer. Roof rainwater shall be collected via downspouts to a dry well, or to a dry well directly beneath the roof (French Drain). Any cisterns which can be documented to have been used to collect rainwater prior to August 2009 may be continued to be used until they require reconstruction or replacement, at which time they must come into compliance with the Town Code.

[Amended 7-31-2009 by L.L. No. 12-2009]

Pipes, culverts, drains or similar structures which discharge stormwater directly or indirectly into surface waters or into wetlands are prohibited. Such structures shall be removed or permanently blocked no later than five years from the effective date of this subsection.

Fuel tanks for storage of petroleum products other than propane shall be placed above ground and in an area capable of containing the full contents of the fuel tank plus 10% in the event of leakage so that no fuel enters the ground. This section shall not apply to petroleum storage facilities subject to the regulations in 6 NYCRR Part 614 and Article 12 of the Suffolk County Sanitary Code.

[Amended 10-2-2009 by L.L. No. 15-2009]]

[1]Prior to issuance of a certificate of occupancy, a final inspection of the property shall be made by the Building Inspector/Zoning Officer to assure that all ecological requirements of this section have been fulfilled.

Editor's Note: Former Subsection F(11), regarding irrigation systems, was repealed 3-3-2015 by L.L. No. 6-2015. This local law also provided for the renumbering of former Subsections F(12) and (13) as Subsections F(11) and (12), repectively.

No accessory apartment, two-family dwelling, or boardinghouse may be continued or operated unless it can be demonstrated to the satisfaction of the Building Inspector/Zoning Officer that it was legally established and operating prior to the enactment of this chapter.

§ 133-13 Special zoning districts.

The Town Board reserves the right to create special zoning districts either through separate districts or overlay districts to meet the anticipated future needs of the community with respect to housing, industrial uses, open spaces and aquifer protection.

Basic provisions. Wherever special zoning districts are created within a zoning district, the following uses and purposes may be allowed by the Town Board in addition to the uses already included:

Housing with occupancy limited to households comprised of residents aged 55 or older.

Multifamily dwellings.

Open space/aquifer protection.

Industrial.

District regulations. Prior to or simultaneous with amending the Zoning Map to create a special zoning district, the Town Board shall adopt regulations for that district. Those regulations shall become a part of this chapter and, at minimum, shall specify the following:

Limitations on the specific type of use to be allowed.

Dimensional regulations.

Performance requirements and mandated mitigations regarding landscape buffering, traffic, water supply, water quality and sewerage.

Any special permit submittal requirements which are specific to that district.

Any special permit criteria which are specific to that district.