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Chapter 55 Zoning Code Revision

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Chapter 55 Zoning Code Revision TABLE OF SELECTED CONTENTS Page No. ARTICLE 1 TITLE; LEGISLATIVE FINDINGS; DECLARATION OF PURPOSE................ 1 ARTICLE 2 WORD USAGE AND DEFINITIONS............ 4 ARTICLE 3 DISTRICTS; BOUNDARIES................. 23 ARTICLE 4 R-20 ONE-FAMILY RESIDENCE DISTRICT.... 23 § 55-4.1 - Intent.................... 23 § 55-4.2 - Permitted and Special Exception Uses........................ 24 § 55-4.3 - Dimensional Regulations... 24 ARTICLE 5 RM RESORT MOTEL DISTRICT.............. 24 § 55-5.1 - Intent.................... 24 § 55-5.2 - Permitted and Special Exception Uses........................ 24 § 55-5.3 - Dimensional Regulations... 24 § 55-5.4 - Resort Motel Standards.... 25 § 55-5.5 - Resort Motel Accessory Uses.................................. 25 § 55-5.6 - Resort Motel Minimum Landscaped Area....................... 25 ARTICLE 6 VB VILLAGE BUSINESS DISTRICT.......... 26 § 55-6.1 - Intent.................... 26 § 55-6.2 - Permitted and Special Exception Uses........................ 26 § 55-6.3 - Dimensional Regulations... 26 § 55-6.4 - VB District Special Conditions............................ 26 i Page No. ARTICLE 7 OD OFFICE DISTRICT.................... 27 § 55-7.1 - Intent.................... 27 § 55-7.2 - Permitted and Special Exception Uses........................ 27 § 55-7.3 - Dimensional Regulations... 28 ARTICLE 8 WF WATERFRONT DISTRICT................ 28 § 55-8.1 - Intent.................... 28 § 55-8.2 - Permitted and Special Exception Uses........................ 28 § 55-8.3 - Dimensional Regulations... 28 § 55-8.4 - WF District Special Conditions............................ 29 ARTICLE 9 SUPPLEMENTAL USE AND DIMENSIONAL REGULATIONS........................... 29 § 55-9.1 - Placement of Accessory Buildings, Structures and Uses........ 29 § 55-9.2 - Lot Frontage; Yards; Transition Yards; Courts.............. 31 § 55-9.3 - Height; Exceptions; Pyramid Law .......................... 33 § 55-9.4 - Fences, Walls and Gates... 34 § 55-9.5 - Visual Clearance at Intersections......................... 35 § 55-9.6 - Off Street Parking and Truck Loading......................... 36 (A) General..................... 36 (B) Method of Determining Requirements.......................... 36 (C) Schedule for Residential Uses.................................. 37 ii Page No. (D) Schedule for Nonresidential Uses.................................. 38 (E) Truck Loading Space Requirements.......................... 40 (F) Supplemental Regulations.... 40 (G) Access Driveway Requirements.......................... 41 (H) Design Requirements - Nonresidential........................ 41 (I) Exemptions and Variances............................ 44 (J) Standards for Parking Variances............................. 46 § 55-9.7 - Signs..................... 46 (A) Permitted Signs............. 46 (B) Professional and Announcement Signs.................... 47 (C) VB District Signs........... 48 (D) All Other Nonresidential District Signs........................ 49 (E) Real Estate and Construction Signs................................. 50 (F) General Provisions.......... 50 (G) Procedures, Permits and Fees.................................. 51 § 55-9.8 - Buildings or Land in the VB District with Multiple Uses........ 52 § 55-9.9 - Lighting.................. 52 ARTICLE 10 NONCONFORMING USES, BUILDINGS AND STRUCTURES............................ 55 iii Page No. § 55-10.1 - Applicability............ 55 § 55-10.2 - Continuance.............. 55 § 55-10.3 - Single and Separate; Merger; Four-Tenths Rule; No Increase In Degree of Nonconformity............ 55 § 55-10.4 - Extension................ 57 § 55-10.5 - Change of Use............ 57 § 55-10.6 - Abandonment.............. 57 § 55-10.7 - Compulsory Termination... 58 § 55-10.8 - Determination of Nonconformity......................... 60 ARTICLE 11 SPECIAL EXCEPTION USES................ 60 § 55-11.1 - Delegation of Authority to Planning Board..................... 60 § 55-11.2 - General Procedures and Conditions............................ 61 § 55-11.3 - General Standards........ 62 § 55-11.4 - Special Conditions....... 63 § 55-11.5 - Apartment Building in the Office District....................... 63 § 55-11.6 - Accessory Apartments in the R-20 District and New Accessory Apartments in the VB District........ 64 § 55-11.7 - Bar/Tavern............... 68 § 55-11.8 - Bed and Breakfast........ 69 § 55-11.9 - Boatyard................. 70 § 55-11.10 - Cemetery................. 70 § 55-11.11 - Communication Tower...... 71 iv Page No. § 55-11.12 - Day Care Facility........ 100 § 55-11.13 - Dish Antennas............ 100 § 55-11.14 - Fast Food Establishment.. 102 § 55-11.15 - Funeral Home............. 104 § 55-11.16 - Grocery Store, Hardware Store and Home Furnishing Store....... 104 § 55-11.17 - Outdoor Dining as Accessory to Restaurant............... 106 § 55-11.18 - Public and Private Schools............................... 107 § 55-11.19 - Tables and Chairs as Accessory to a Retail Food Store...... 107 § 55-11.20 – Convenience Stores at a Filling Station....................... 108 ARTICLE 12 BOARD OF APPEALS...................... 111 § 55-12.1 - Establishment, Training.............................. 111 § 55-12.2 - General Provisions 111 § 55-12.3 - Appeals, Application and Hearing Procedure..................... 111 § 55-12.4 - Interpretations and Variances............................. 113 § 55-12.5 - Use and Area Variance Standards............................. 113 § 55-12.6 - Specific Variance Standards............................. 115 (A) Lots Across Boundary Lines.. 115 (B) Nonconforming Uses, Buildings, Structures and Lots........ 115 (C) Yard Requirements........... 116 v Page No. (D) Fences...................... 116 (E) Parking..................... 116 (F) Flood Hazard Overlay District.............................. 117 ARTICLE 13 BOARD OF HISTORIC PRESERVATION AND ARCHITECTURAL REVIEW.................. 119 § 55-13.1 - Purpose.................. 119 § 55-13.2 - Membership............... 119 § 55-13.3 - Review Procedures........ 122 § 55-13.4 - Designation of Landmarks. 124 § 55-13.5 - Demolition or Removal.... 126 § 55-13.6 - Criteria Applicable to All Applications...................... 128 § 55-13.7 - Additional Criteria...... 130 § 55-13.8 - Hardship Application Procedure............................. 134 § 55-13.9 – Enforcement.............. 135 § 55-13.10 – Maintenance and Repair Required.............................. 135 § 55-13.11 – Appeals.................. 135 ARTICLE 14 PLANNING BOARD........................ 136 § 55-14.1 - Establishment, Training.. 136 § 55-14.2 - Powers and Duties........ 136 § 55-14.3 - Site Plan Review......... 137 § 55-14.4 - Site Plan Elements....... 139 § 55-14.5 - Site Plan Application Procedure............................. 144 § 55-14.6 - Waiver of Requirements... 147 vi Page No. § 55-14.7 - Violations and Penalties. 148 ARTICLE 15 PROTECTION OF NATURAL FEATURES........ 148 ARTICLE 16 TIDAL FLOOD HAZARD OVERLAY DISTRICT... 151 ARTICLE 17 ADMINISTRATION AND ENFORCEMENT........ 164 § 55-17.1 - Interpretation of Provisions............................ 164 § 55-17.2 - Buildings Permits........ 165 § 55-17.3 - Certificates of Occupancy............................. 167 § 55-17.4 - Fees..................... 168 § 55-17.5 - Enforcement.............. 169 § 55-17.6 - Penalties for Offenses... 170 ARTICLE 18 GENERAL PROVISIONS.................... 171 TABLE OF USES TABLE OF DIMENSIONAL REGULATIONS APPENDIX L1 - Permitted Fixtures APENDIX L2 - Prohibited Fixtures vii Chapter 55, ZONING ARTICLE 1, Title; Legislative Findings; Declaration of Purpose § 55-1.1. Title. This chapter shall be known and may be cited as the "Zoning Code of the Village of Sag Harbor." § 55-1.2. Legislative findings and determinations. A. The Village of Sag Harbor enacted its first Comprehensive Zoning Plan, Zoning Ordinance and Zoning Map on August 2, 1949. It amended and readopted the Comprehensive Zoning Plan, Zoning Ordinance and Zoning Map on November 16, 1971. These documents have been the subject of further amendment since the readoption as a result of the Planning Study of the Sag Harbor Business District and other comprehensive planning and zoning studies. The most recent Comprehensive Plans are the Planning Strategies for the Inc. Village of Sag Harbor (With an Emphasis on the Commercial District) prepared by Inter-Science Research Associates, Inc. and dated July 21, 2008. B. The Board of Trustees finds that there are certain characteristics of the Village of Sag Harbor which are significant in establishing its Comprehensive Zoning Plan and guiding future development of the village. They are as follows: (1) The Village of Sag Harbor is uniquely situated on a navigable arm of Peconic Bay and tributaries thereof. As a result of its unusually extensive water frontage development, it is of necessity closely related to valuable marine environmental resources. Preservation and enhancement of these marine resources will continue to be important in the village's future. (2) The village has a long history beginning with its settlement in the early 18th century and development soon thereafter as a major port. It has an unusually rich and varied architecture and an environment reflecting its development stages. (3) The economic base of the village in recent years has relied primarily on the tourist and second-home activity that its history and marine environment generate in the South Fork resort subregion. It is important to assure the continued availability of this economic base. Nevertheless, the village also serves another important
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