Shelter Island City Zoning Code
ARTICLE VII
Miscellaneous Provisions
§ 133-25 Additional regulations.
A.
Offensive uses prohibited. No building may be erected, altered or used and no lot or premises may be used in any district that would be noxious or offensive to occupants of adjoining premises by reason of lighting, odor, dust, smoke, gas, vibrations or noise.
B.
Storage of certain items. All automobile parts, dismantled or unusable vehicles, farm machinery, boats and similar articles shall either be stored within a building, effectively screened from public view or removed from the property within a ninety-day period.
C.
Surface water drainage. No stormwater runoff or natural drainage water on any piece of property shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands.
[Amended 4-1-2005 by L.L. No. 2-2005]
D.
No portion of any new or replacement oil tank shall be located below the final ground elevation unless it is installed in the basement or cellar of a residence, is fully accessible and visible, and is installed above an impermeable basement floor. 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.
[Added 7-10-2009 by L.L. No. 11-2009; [amended 10-2-2009 by L.L. No. 15-2009]
§ 133-26 Acreage averaging.
A.
Acting under Town Law § 278, the Planning Board may approve a plat creating one or more lots not meeting the lot area and frontage requirements of Article III, District Regulations, upon its determination that acreage averaging will result in overall development of the plat, allowing special consideration to be given to such factors as protection or enhancement of natural or cultural resources, viewscapes and consideration of impacts upon neighboring premises. The following standards must also be met by the plat:
(2)
The aggregate number of lots created shall be no greater than would be permitted under otherwise applicable Zoning Code provisions and Suffolk County Department of Health Services requirements.
(4)
The plan creating the lots shall be endorsed by the Planning Board as "Approved for Acreage Averaging," together with the annotation: "No further increase in the number of lots shall be allowed through subsequent land division unless a new plan is submitted and determined by the Planning Board to meet these requirements."
§ 133-27 Signs.
A.
Required signs in all zoning districts. All parcels of land which are improved or on which improvements are under construction shall display the number of the street on which they are located as designated by the Town Assessor's office.
(1)
Existing and completed buildings shall have street numbers permanently displayed so that they are clearly visible from the street. Numerals, letters or script may be used and shall be no less than three inches in height.
(2)
No later than five days after the issuance of a building permit, improvements under construction shall display street numbers on the portion of the premises closest to the road so that they are clearly visible from the street.
B.
Permitted signs in all zoning districts must be located on premises to which they apply:
(1)
Signs denoting street names.
(2)
Signs on private property denoting the name of the occupant and/or the premises and/or containing the words PRIVATE, NO TRESPASSING, NO HUNTING, ENTRANCE, EXIT, BEWARE OF DOGS and/or other words customarily used on such signs. Such signs shall not exceed two square feet in total area.
(3)
Identifying signs designating an area reserved for specific purposes and/or designating a specific community for the guidance of visitors and/or providing information for the guidance of vehicles. Such signs shall not exceed six square feet in total area.
(4)
Signs of ferry companies located on the business premises for the following purposes. Such signs shall not exceed 32 square feet in total area and may be illuminated.
(5)
Signs on the public rights-of-way providing information concerning religious services, service clubs and community organizations. Such signs shall not exceed four square feet in total area. Permission for placement of such signs shall be requested by letter to the Town Board.
(6)
Temporary signs:
(a)
Real estate signs. Any property owner may display anywhere on his or her property no more than one real estate sign, provided that such sign shall:
[Amended 4-30-2010 by L.L. No. 3-2010]
[1]
Not be illuminated;
[2]
Not exceed 1 1/2 square feet in area and a height of three feet above natural grade in residential districts and eight square feet in area and a height of six feet above natural grade in nonresidential districts;
[3]
Be placed at least 10 feet away from any public or street right-of-way;
[4]
Not be placed on any property other than the property for sale; and
[5]
All such signs shall be removed within 15 days after the property to which they relate is no longer for sale, lease, rent or exchange.
(b)
Construction signs shall be limited to one per site and shall be removed immediately after completion of the building or structure and before the issuance of a certificate of occupancy, whichever is sooner. Such signs shall not exceed four square feet in total area.
(c)
Temporary signs or posters not exceeding two feet by three feet pertaining to events of general interest, such as auctions, bazaars, benefits, community events, elections, outings, weddings, yard sales and similar events. Said signs shall be removed within 24 hours after the event.
C.
In Districts B and B-1, the following additional signs are permitted. A building permit is required prior to the installation of said signs. Applications for a permit may be obtained from the office of the Building Inspector/Zoning Officer.
(1)
Nonilluminated signs or structures on a building so long as they pertain to a legally operating business within the building. All such signs shall be limited to a total area of 32 square feet and shall project no more than 18 inches from the wall of the building.
(2)
Freestanding signs on a lot so long as they pertain to the business or businesses on the lot. The aggregate of such signs shall be limited to a total area of 16 square feet per lot and must be located within the boundary lines of the lot so as not to create a hazard to vehicular and pedestrian safety.
(3)
Illuminated signs and vending machines are permitted on a lot so long as they pertain to a business or businesses on that lot that operate after dark. Illumination is permitted only during hours of operation.
D.
In Districts A, AA and C, advertising signs, as specified in Subsection B hereof, may be permitted on the premises of commercial businesses which were in existence prior to the adoption of this chapter.
E.
New neon signs are prohibited. Existing neon signs shall be eliminated within one year of the adoption of this chapter.
F.
Legal signs which exist prior to October 19, 1959, may be continued. However, should such sign be replaced, it shall conform to the standards of this section.
G.
Signs must be well maintained and legible or shall be subject to removal at the owner's expense.
§ 133-28 Overhead wires and cables.
Except as otherwise provided by general law or the Shelter Island Town Code, all public utility and public cablevision facilities constructed after the effective date of this section shall be installed underground, subject to the following exceptions: at the Ram Island Causeways; to maintain existing overhead distribution lines; to install and maintain service lines where overhead distribution lines presently exist; in those instances when a utility company seeks to affix cable lines across a public road where utility poles exist; or in those instances when a utility seeks to place wires or cable facilities on utility poles already erected and maintained by utility companies.
§ 133-29 Fences and walls.
A.
Height restrictions.
(3)
Tennis court and handball court fences. Tennis court and handball court fences shall not exceed a height of 10 feet, measured from the ground, and shall be constructed of a material which allows the passage of light and air.
(4)
Swimming pool fences shall be installed in conformance with the regulations of the New York State Building and Construction Code (9 NYCRR).
(5)
A garden fence may be installed to a maximum height of eight feet, provided that
[Amended 6-23-2000 by L.L. No. 4-2000]:
§ 133-30 Operations on Town-owned property.
[Amended 11-30-2018 by L.L. No. 13-2018]
No operations shall be conducted on property owned or maintained by the Town of Shelter Island including but not limited to tree clearing, placement of structures, signs, driveway aprons and the like, without a permit from the Building Inspector/Zoning Officer. This section shall not prevent the conduct of business, placement of a private well or other private use of Town property pursuant to a license issued by the Town Board.
§ 133-30.1 Mechanical equipment.
[Added 7-31-2020 by L.L. No. 3-2020]
Mechanical equipment incidental to the use of any building may be located in the front or side yard so long as that equipment is: