Chapter 55
ZONING
§ 55-1. Definitions.
§ 55-2. Districts established.
§ 55-3. Residence Districts.
§ 55-4. Business districts
§ 55-5. Utility districts.
§ 55-6. Permitted uses in Residence Districts.
§ 55-7. Permitted uses in Business Districts.
§ 55-8. Permitted uses in Utility Districts.
§ 55-9. Building plots for residential dwellings.
§ 55-10. Setbacks for residential dwellings and
business buildings.
§ 55-11. Maximum plot occupancy.
§ 55-12. Minimum floor area for residential dwellings.
§ 55-13. Maximum height of residential dwellings and
business structures.
§ 55-14. Temporary
habitation.
§ 55-15. Zoning
Board of Appeals.
§ 55-16. Nonconforming
uses.
§ 55-17. Nonconforming
building plots.
§ 55-18. Signs.
§ 55-19. Fences.
§ 55-20. Private docks.
§ 55-21. Construction and interpretation.
§ 55-22. Swimming pools.
§ 55-23. Powers of Board.
[HISTORY:
Adopted by the Board of Trustees of the
GENERAL REFERENCES
General provisions -- See Ch. 1.
Building construction administration -- See Ch. 18.
Flood damage protection -- See Ch. 28.
Planning Commission -- See
§ 55-1. Definitions.
The following words and phrases when used
herein shall have the following meanings, unless otherwise required by the
context:
BAYFRONT AREA -- The
lots numbered and shown on Saltaire Map No. 114 and Supplemental Map of
Saltaire No. 484, which are bounded on the north by the southerly line of Bay
Promenade as laid down on said maps as the same may be extended hereafter, and
as the same may from time to time be revised to reflect changes in physical
increases and decreases in land areas. [Amended
INTERIOR LOTTED AREA --
All the lots numbered and shown on Saltaire Map No. 114 and Supplemental Map of
Saltaire No. 484, other than the lots lying in the bayfront area and in the
oceanfront area.
OCEANFRONT AREA -- Those
lots numbered and shown on Saltaire Map No. 114, which are bounded on the south
by the existing dune crest line at the time an application for a building
permit is filed. [Amended
PARTITION MAP OF 1878 --
The map of the partition of
SALTAIRE MAP NO. 114 --
The map of property of Fire Island Beach Development Company, known as
Saltaire, surveyed by Eugene R. Smith, Engineer and Surveyor of Islip, New
York, and filed in the office of the Clerk of Suffolk County on
SUPPLEMENTAL MAP OF
SALTAIRE NO. 484 -- The supplemental map of Saltaire, property of Fire Island
Beach Development Company, made by L. A. Beach, Civil Engineer of Bay Shore,
New York, and filed in the office of the Clerk of Suffolk County on
SWIMMING POOL -- Any
body of water in an artificial or semi-artificial receptacle or other container
having a depth of more than eighteen (18) inches and an area of more than fifty
(50) square feet, whether located indoors or outdoors, used or designed,
arranged or intended to be used for bathing, swimming or diving, including all
structures, equipment, appliances and other facilities appurtenant thereto and
intended for its operation and maintenance. A "swimming pool" shall
be deemed to include a hot tub and similar facilities. If roofed by a permanent
structure, the total area occupied by a pool shall be deemed an accessorial
structure subject to the maximum plot occupancy provisions of § 55-12 of the
Village Code. If not roofed by a permanent structure, the total area occupied
by a pool, any appurtenant decking and the required fencing shall be deemed a
deck for purposes of § 55-12 of the Village Code. [Added
SWIMMING POOL,
ABOVEGROUND -- Any swimming pool located upon the ground which at no point is
more than eighteen (18) inches below grade. [Added
SWIMMING POOL, IN-GROUND
-- Any swimming pool located in or upon the ground, any part of which extends
more than eighteen (18) inches below grade. [Added
SWIMMING POOL, PRIVATE
-- Any swimming pool constructed, installed or maintained as an accessorial
structure on the same building plot with a residence, installed solely for the
private use of any occupant of such residence and such occupant's family and
guests. [Added
UNLOTTED ACREAGE AREA --
All those sections or parts of Lot No. 5 shown on the Partition Map of 1878 and
now within the corporate boundaries of the Village which were not subdivided
into lots numbered and shown on Saltaire Map No. 114 and Supplemental Map of
Saltaire No. 484; and the easterly quarter of the easterly half of Lot No. 4
shown on the Partition Map of 1878.
§ 55-2. Districts established.
For the purpose of regulating the use of land
and the use and location of buildings and other structures thereon, all land
within the corporate boundaries of the Village is hereby divided into three (3)
districts to be known as "Residence Districts," "Business
Districts" and "Utility Districts," respectively.
§ 55-3. Residence Districts.
Residence Districts shall comprise and
include all land within the corporate boundaries of the Village not
specifically designated hereafter as lying in Business and Utility Districts.
§ 55-4. Business Districts. [Amended
Business
districts shall comprise and include the land numbered as Lot Nos. 41 to 44,
both inclusive, and Lot Nos. 518 to 542, both inclusive in Block No. 35 and Lot
Nos. 45 to 52, both inclusive, and Lot Nos. 588 to 603, bot inclusive, in Block
No. 36 as shown on Saltaire Map No. 114; except said business districts shall
include part of Lot Nos. 41 and 42, and all of Lot Nos. 43 and 44 and part of
Lot No. 518, all in Block 35 as shown on Saltaire Map No. 114, which lots and
parts of lots are particularly described as follows: Beginning at the corner
formed by the intersection of the southerly side of Bay Promenade and the
westerly side of Broadway; running thence southerly along the westerly side of
Broadway, a distance of 105.33 feet; running thence westerly at right angles to
the westerly side of Broadway, a distance of 85 feet; running thence northerly
along the division line between Lot Nos. 40 and 41, a distance of 80.67 feet to
the southerly side of Bay Promenade; and running thence easterly along the
southerly side of Bay Promenade, a distance of 88.52 feet, to the corner at the
point or place of Beginning.
§ 55-5. Utility Districts.
Utility Districts shall comprise and include
all lots of land numbered and shown as lying in Block Nos. 60 and 61 on
Saltaire Map No. 114.
§ 55-6. Permitted uses in Residence Districts. [Amended
A.
In Residence Districts no land shall hereafter be used and
no buildings or structures shall hereafter be erected, altered, used or
maintained for any purpose other than the following:
(1)
Single one-family private residential dwellings and
accessorial structures designed and maintained for one (1) family unit and
having not more than one (1) kitchen equipped with a range and sink and not
more than three (3) bathrooms. As used herein and elsewhere in this chapter,
the term "one (1) family" shall be defined as one (1) or more persons
and their servants, if any, living, cooking and otherwise acting together as a
single, nonprofit housekeeping unit in a household which is the functional and
factual equivalent of a traditional family, whether or not such persons are
related by blood, adoption, marriage or otherwise. The term "accessorial
structure" as used herein means a structure ancillary and appurtenant to a
residential dwelling and located on the same building plot, provided that no
cooking or toilet facilities are installed or utilized therein, and further
provided that, only on building plots of ten (10) contiguous lots or more in
the lotted areas and of twenty thousand (20,000) square feet of area or more in
the unlotted areas, a private, aboveground swimming pool with a capacity in
excess of five hundred (500) gallons, conforming to the construction,
operational and maintenance provisions of Chapter 55, § 55-22, may be approved
by the Board of Trustees and a permit issued for its installation by the
Building Inspector. [Amended
(2)
Structures for religious worship.
(3)
Structures for libraries and educational institutions.
(4)
Structures, facilities and uses for any municipal or
governmental purposes or for use by private clubs or organizations, membership
in which is open to all village residents on an equal basis; such uses include
playgrounds, parks, athletic fields and tennis courts, together with the
structures and facilities customarily used in connection therewith.
(5)
A single
one-family private residential dwelling and permanent accessorial structures on
the property may be used for a home occupation as defined in this paragraph and
subject to the conditions in this paragraph.
For purposes of this paragraph, “home occupation” shall be defined as
any business, professional, artistic or educational activity conducted within a
dwelling by any of the residents thereof, and “dwelling” shall be defined as a
single one-family private residential dwelling and any permanent accessorial
structure on the property where the residential dwelling is located. Any home occupation shall meet the following
conditions, in addition to complying with other applicable requirements of the
Village Code:
(a)
The space used
for the home occupation shall occupy in the aggregate no more than 160 square
feet in the dwelling.
(b)
The residential
character of the dwelling shall not be altered
(c)
There shall be
not more than one (1) sign on the property identifying the home
occupation. The sign shall be located or
posted only on the dwelling, and be placed behind the setback lines of the
property. The sign shall be in color and
style consistent with the color and style of the dwelling. The sign shall not exceed four (4) square
feet in size, subject to rules as to size of signs as may be adopted by the
(d)
The home
occupation, including any assemblage, shall not be conducted out-of-doors on
the property.
(e)
There shall be no
outdoor storage or display of goods or supplies visible from the public walks
or from any property adjoining the property on which the dwelling is located.
(f)
There shall be no
sales on the property other than occasional sales.
(g)
Delivery or
pickup of freight or parcels shall not be more frequent than would normally be
expected for a residence without such home occupation.
(h)
The home
occupation shall not add to the quantity of waste material that would normally
be expected for a dwelling without such home occupation.
(i)
The home
occupation shall not create environmental impacts (for example but not limited
to noise, dust, odor or fire hazard) or any other hazard or nuisance to any
greater or more frequent extent than would normally be expected for a dwelling
without such home occupation.
B.
All uses other than those specified above are prohibited,
including but not limited to the construction of in-ground swimming and diving
pools and tennis courts. No private, aboveground swimming pool shall be
constructed in the Saltaire Dune District. [Amended
C.
Enforcement of permitted uses for residential dwellings.
The owners of a
residential dwelling within the village shall not lease or otherwise permit
such property to be used for any purpose other than those set forth in §
55-6A(1) of this chapter and shall cause to be included in any written or oral
agreement pertaining to the leasing of any dwelling the following provisions:
"Both parties to this agreement
understand and agree that, in accordance with § 55-6A(l) of the Code of the
Village of Saltaire, occupancy of the demised premises shall be limited to one
(1) or more persons and their servants, if any, living, cooking and otherwise
acting together as a single, nonprofit housekeeping unit in a household which
is the functional and factual equivalent of a traditional family, whether or
not such persons are related by blood, adoption, marriage or otherwise; and
that if, in addition to regular day-to-day occupancy, said premises are from
time to time occupied or utilized by friends, guests or any other visitors,
neither party will receive, directly or indirectly, any compensation from such
friends, guests or visitors. [Added 9-29-1976 by L.L. No. 3, 1979; amended 7-19-1986 by L.L. No. 3,
1986; renumbered as §55-6 C. 11-13-99 by L.L. No. 8, 1999]
§ 55-7. Permitted uses in
Business Districts. [Amended
In Business Districts no land shall hereafter
be used and no buildings or structures shall hereafter be erected, altered,
expanded or an existing use or manner of operation changed for any purpose
other than:
A.
Uses hereinabove permitted in Residence Districts.
B.
By special permit from the Board and with the concurrence
of the Fire Island National Seashore, stores in which goods and commodities are
sold at retail or such other similar use as may be deemed to provide a necessary
service to the residents of the village in support of community living.
§ 55-8. Permitted uses in Utility Districts.
In Utility Districts no land shall hereafter
be used and no buildings or structures shall hereafter be erected, altered,
used or maintained for any purpose other than the following:
A.
Uses hereinabove permitted in Residence Districts.
B.
Structures and facilities of any corporation subject to the
jurisdiction of the Public Service Commission of the State of
C.
Village structures and facilities. [Added
D.
Parking areas and facilities customarily used in connection
therewith. [Amended
§ 55-9. Building plots for
residential dwellings. [Amended
A.
Building plots for residential dwellings in any district
shall consist of:
(1)
Not less than six (6) contiguous lots in the interior
lotted and oceanfront areas. [Amended
(2)
Not less than four (4) contiguous lots in the bayfront
area. [Amended
(3)
Not less than twelve thousand (12,000) square feet of land
in the unlotted acreage area.
B.
On and after
§ 55-10. Setbacks for residential dwellings and
business buildings. [Amended
A.
Interior lotted areas. No part of any residential dwelling,
including accessorial structures, such as decks, open porches and private
aboveground swimming pools, shall be erected or altered in the interior lotted
areas within twenty (20) feet of the front line and within fifteen (15) feet of
the side and rear lines of a building plot, other than walks of not more than
six (6) feet in width for access to village walks; bicycle racks; one (1)
platform or enclosure for storage of garbage containers not to exceed
twenty-five (25) square feet in area and to be set back at least two (2) feet
and not more than three (3) feet from the adjacent village walk, and, if
enclosed, the height of such enclosure not to exceed three (3) feet above the
level of the adjacent village walk or four (4) feet in height above ground
level; and a sewerage tank which shall be not less than ten (10) feet from the
rear line of a building plot and not less than sixteen (16) feet from any water
supply. The term "front line" on the interior lotted area shall mean
that part of a building plot which abuts upon the north-south walks of the
village, except in the case of parcels which abut upon both north-south and
east-west walks of the village, whereupon the land abutting both walks shall
constitute front lines, and no part of any residential structure, including
ancillary structures, decks and open porches, shall be erected within twenty
(20) feet of such walks.
B.
Bayfront and oceanfront areas. No part of any residential
dwelling, including accessorial structures, such as decks, open porches and
private, aboveground swimming pools, shall be erected or altered in the
bayfront area within twenty (20) feet and in the oceanfront area within forty
(40) feet of the front line and within twenty (20) feet of the line abutting
any village walk, and within ten (10) feet of all other lines of a building
plot, other than walks of not more than six (6) feet in width for access to
village walks, bicycle racks, one (1) platform or enclosure for the storage of
garbage containers, as defined in §
55-10A, and a sewerage tank which shall be not less than fifteen (15) feet from
the rear line of a building plot and not less than sixteen (16) feet from any
water supply.
(1)
The term "front line" in the bayfront area shall
mean that side of a building plot which abuts on Bay Promenade as the same may
be extended hereafter. The term "front line" in the oceanfront area
shall mean the dune crest line. The term "dune crest line" in the
oceanfront area shall be a line drawn parallel to the northerly boundary line
of the plot from a point established as the highest median elevation above sea
level encompassed by the building plot. The dune crest line shall be confirmed
by a licensed surveyor and so indicated on the plot survey attached to the
application for a building permit, and shall reflect the physical location of
the crest of the dune as of the date of such survey.
(2)
No boardwalks, decks, stiles, steps or other similar
structures shall hereafter be erected, altered or maintained to permit entrance
or egress from oceanfront area building plots to the beach strand, except when
erected by the Village as natural extensions of dedicated village walks.
C.
Unlotted acreage. No part of any residential dwelling,
including accessorial structures, such as decks, open porches, private,
aboveground swimming pools and sewerage tanks, hereafter erected or altered in
the unlotted acreage shall encroach within twenty (20) feet of the boundary
lines of building plots other than a walk of not more than six (6) feet in
width for access to village walks, bicycle racks, and one (1) platform or
enclosure for the storage of garbage containers, as defined in § 55-10A.
D.
No part of any business building or structure, including
ancillary structures, decks and open porches, but excluding walks not more than
ten (10) feet in width for access to village walks and bicycle racks, shall
hereafter be erected or altered within twenty (20) feet of the front lot line,
which, in the case of interior lotted areas, shall mean the north-south walks
and, in the case of building plots on Bay Promenade, shall mean both the
north-south walk and Bay Promenade, and within fifteen (15) feet of the side
and rear lines of a building plot. Sewerage tanks shall not be less than ten
(10) feet from side or rear lines of a building plot and not less than sixteen
(16) feet from any water supply line. [Amended
E.
Fences. [Added
(1)
Permitted fences other than those erected for purposes of
protecting an area used for cultivation or recreation may be erected along the
front, sides or rear of a building plot at any point from the property line to
the setback line described in the appropriate subsection of this section.
(2)
Permitted fences erected for purposes of protecting an area
used for cultivation or recreation may be erected along the front, sides or
rear of a building plot at any point no closer to the property line than
one-half (1/2) the distance between such line and the setback line described in
the appropriate subsection of this section.
F.
Privacy screens. A privacy screen otherwise conforming to
the building requirements set forth in § 55-19 of the Village Code may be
erected along the front, sides or rear of a building plot at any point no
closer to the property line than one-half (1/2) the distance between such line
and the setback line described in the appropriate subsection of this section.
[Added
§ 55-11. Maximum
plot occupancy. [Added
A.
In the lotted areas, no residential or business structures,
including accessorial structures, such as decks, open porches and private,
aboveground swimming pools, wherever located, but excluding one (1) access walk
not more than six (6) feet in width, extending from a village walk to the
nearest construction of the building plot; and one (1) open platform for
parking bikes, not exceeding sixty-four (64) square feet in area; and one (1)
platform or enclosure abutting a village walk for storage of garbage
containers, such platform or enclosure not exceeding twenty-five (25) square
feet in area, hereinafter erected or altered shall occupy in excess of thirty
percent (30%) of such plot, and not more than twenty percent (20%) of the
building plot up to a maximum of one thousand eight hundred (1,800) square feet
may consist of enclosed areas, such enclosed areas to include any permitted
swimming pool roofed by a permanent structure.
B.
In unlotted areas where any structure is hereafter erected
or altered in an unlotted area, the same provisions shall apply as in
subsection A above, except that, as a further limitation, the total plot
coverage shall not exceed twenty-five percent (25%) of such plot, and not more
than sixteen and two-thirds percent (16 2/3%) of the building plot up to a
maximum of one thousand eight hundred (1,800) square feet may consist of enclosed
areas, such enclosed areas to include any permitted swimming pool roofed by a
permanent structure.
§ 55-12. Minimum
floor areas of residential dwellings. [Added
The minimum required floor areas of
residential dwellings hereafter erected shall, as to a single-story building,
be eight hundred (800) square feet and, as to a structure in excess of one (1)
story, be a combined total of one thousand two hundred (1,200) square feet. For
purposes of this section, the term "floor area" shall mean the area
contained within the exterior of the walls of a dwelling, exclusive of open
porches, decks and any separate buildings, such as sheds.
§ 55-13. Maximum
height of residential dwellings and business structures. [Added
A.
No structure shall hereafter be substantially improved or
erected to a height which shall exceed the maximum
height as that phrase is defined in this subdivision A. of Chapter 55-13. Maximum
height as used in this code, shall mean at the option of a permit
applicant, either (I) the greater of twenty-seven feet measured minimally from
the average of the four corner elevations or by using as many additional
elevation points as the building inspector may require to reflect the average
grade, to the peak of the roof of such structure, or (ii) the sum of
twenty-three feet, plus the Benchmark
level as defined in chapter 28. Maximum height shall be measured to the
highest point on the roof of such structure, excluding stacks, chimneys and
antennas.
B.
Irrespective of the permit applicant’s choice of
measurement standard of clause (I) or (ii) of the foregoing subdivision A of
this Chapter 55-13, the applicant shall comply with elevation standards of
section 28-17 or section 28-18 of this code as may be applicable.
C.
Satellite, earth station or dish antennas may not be
erected on the roof of any dwelling or business structure within the village.
All such Installations must be erected at ground level, adequately anchored and
protected on all four (4) sides by a suitable louvered or palisade fence not to
exceed eight (8) feet in height. Such dish antennas and fenced enclosures must
adhere to the normal building setback restrictions as established by § 55-10A,
B and C. A building permit will be required for all such installations. [Added
D.
Radio and television antennas. Television and FM antennas
of the normal dipole type may be erected on the roof of any structure, provided
that the supporting mast does not exceed four (4) feet in height above the peak
or highest elevation of the roof structure as established by § 55-13 of this
chapter. [Added
E.
Citizen band, amateur radio or marine frequency
transmitting and receiving antennas may be erected on the roof or chimney of
any structure, provided that the lead-in base of such antennas is located not
more than two (2) feet above the peak or highest elevation of the roof
structure as established by § 55-13 of this chapter. [Added