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
§ 55-14. Temporary
habitation. [Added
No person shall erect, raise, establish or
maintain any tent, trailer, mobile home, sleeping bag or any other temporary
habitation to be used or occupied as a place or means for living or sleeping on
any public or unimproved private property within the village.
§ 55-15. Zoning Board of Appeals.
A.
A Zoning Board of Appeals consisting of three (3) members
to be appointed by the Mayor and approved by the Board for terms of three (3)
years is hereby created. Members of the Zoning Board of Appeals shall be
residents of or owners of record of real property in the village, shall serve
without compensation and shall hold no other elected or appointed office in the
village. [Amended
B.
[Amended
(1)
All of the powers conferred upon a Zoning Board of Appeals
under § 7-712 of the Village Law or any amendment or renumbering thereof,
including but not limited to:
(a)
The power to retain jurisdiction of and to hear an appeal
of a denial issued by the building inspector or
(b)
The power to retain jurisdiction of and to hear a request
for an interpretation of the Zoning Code of the Village of Saltaire, Chapter 55
of the Village Code.
(c)
Any other power conferred on a Village Zoning Board of
Appeals by Section 7-712(B) of the Village Law of the State of
(2)
The power to promulgate rules and regulations, not
inconsistent with the provisions hereof, for the conduct of its proceedings.
(3)
The powers conferred under subsections B(1) and (2) hereof
shall be exercised only upon:
(a)
The filing of written applications and appeals in the
office of the Clerk within ninety (90) days after the written disapproval of
the building application by the Building Inspector. [Amended
(b)
The posting of notices of the filing of applications or
appeals and of public hearings to be held thereon, at three (3) conspicuous
places in the village for two (2) weeks prior to the hearings and a copy of
such notice, together with a copy of the original application and appeal, filed
with the Superintendent of Fire Island National Seashore.
(c)
The mailing of such notices to each property owner in the
village who shall have registered his name and address for such purpose with
the Zoning Board of Appeals.
(d)
The mailing of such notices to all persons listed on the
Village assessment roll as the owners of property lying within a radius of two
hundred (200) feet of the plots affected by said applications or appeals.
(e)
The conduct of public hearings, the minutes of which shall
be taken and filed.
(f)
The affirmative concurrent vote of at least two (2) members
of the Zoning Board of Appeals who shall make written findings and conclusions,
copies of which shall be filed with the Village Superintendent and the
Superintendent of Fire Island National Seashore, within ten (10) working days
after making a determination.
C.
The Zoning Board of Appeals shall conform to the procedures
of section 55-15 of the Saltaire Code and section 7-725 of the New York Village
Law. The Zoning Board of Appeals shall schedule a variance hearing date within
62 days of applicants first request, as required by 7-725-b(6) of the Village
Law. If the Zoning Board of Appeals does not schedule a hearing date within 62
days of applicants first request, the applicant has the right to demand that a
hearing date be scheduled within 10 business days after receipt of written
notice via certified mail return receipt requested from the applicant to the
Zoning Board of Appeals and the
D.
The Zoning Board of Appeals shall file its decision with
the Village Clerk within 62 days of a hearing, as required by 7-725-b(6) of the
Village Law. If the Zoning Board of Appeals does not file its decision with the
Village Clerk within 62 days of a variance hearing, the applicant has the right
to demand that a decision be filed within 10 business days after receipt of
written notice via certified mail return receipt requested from the applicant
to the Zoning Board of Appeals and the
E.
Alternate Members [Amended
1.
The Board of the Trustees of the
2.
An Alternate Member shall serve pursuant to Section
7-712(11) of the Village Law of the State of
3.
An Alternate Member shall be appointed by the Mayor subject
to approval of the
4.
An Alternate Member shall be appointed only upon written
request of the Chairman of the Zoning Board of Appeals to the
5.
The Chairman of the Zoning Board of Appeals may request
from 1 up to 3 Alternate Members for any particular case.
6.
The term of any Alternate Member shall be from the date of
appointment until the conclusion of the specific case for which the request for
Alternate Member was made by the Chairman of the Zoning Board of Appeals.
7. In the event that an
Alternate Member is appointed to replace the Chairman of the Zoning Board of
Appeals on any case, the
§ 55-16. Nonconforming
uses. [Amended
Any use, building, structure or facility in
existence at the time of enactment hereof which shall have been lawfully
constructed or the use of which lawfully commenced under previous ordinances
shall be deemed lawful and may be continued notwithstanding nonconformity with
the provisions hereof, provided, however, that no structure, building or
facility devoted to a nonconforming use shall be altered or enlarged or rebuilt
after destruction representing more than fifty percent (50%) of its value at
the time of such destruction except in conformity with this chapter, and
provided further that any nonconforming use which shall have been discontinued
for one (1) year shall not be resumed or replaced by another nonconforming use.
§ 55-17. Nonconforming
building plots. [Added
Notwithstanding any other provisions of this
chapter, single one-family private residential dwellings may be erected on
building plots of three (3), four (4) or five (5) contiguous lots in the
interior lotted and oceanfront areas, on building plots of two (2) or three (3)
lots in the bayfront area and on building plots of less than twelve thousand
(12,000) square feet but not less than five thousand (5,000) square feet in the
unlotted acreage area if, and only if, on October 25, 1965, such plots:
A.
Shall have been in single and separate ownership.
B.
Shall not have been under common ownership with any
adjoining improved or unimproved property.
C.
Shall not after such date have come under common ownership
with any adjoining improved or unimproved property.
§ 55-18. Signs. [Added
A.
No illuminated signs shall be permitted in residence,
business and utility districts.
B.
Sale or rental signs shall be limited in size to one (1)
square foot in area and may be placed only on the property advertised for sale
or rent and shall be limited to one (1) per premises and shall be removed
immediately upon the sale or rental of such property. [Amended
C.
Except as permitted by subsection D of this section,
commercial signs or advertising displays shall be restricted to property zoned
for and in commercial use and shall not exceed four (4) square feet in area, be
placed behind the setback lines of the property on which such commercial use
occurs and be limited to one (1) per premises. [Amended
D.
The posting of commercial signs or advertising displays on
private property by contractors or other services shall be prohibited during
the period commencing on the Friday preceding Memorial Day and terminating
September 15 in any year, and such signs shall otherwise be of the same dimensions,
placement and number as prescribed in subsection C of this section. [Added
E.
A property zoned
for residential use from which a home occupation is conducted in compliance
with Section 55-6A(5) may have a sign on such property only as provided for in
said Section 55-6A(5).
§ 55-19. Fences.
[Added
A.
No fence, fencing, privacy screen or screening of any kind
shall hereafter be erected or reconstructed without a building permit.
B.
The granting of such a permit to erect fences or privacy
screens shall be contingent upon a determination by the Village Building
Inspector that the design, height, placement and construction thereof will
assure:
(1)
Adequate access to existing or contemplated village water
lines;
(2)
Adequate right-of-way for maintenance of village walks,
unhampered provision of service by public utilities and control of vegetation
immediately bordering such walks; and
(3)
Adequate access to fire hydrants and will not otherwise
impede fire-fighting procedures.
C.
Subject to the requirements in subsections A and B, fences
shall be permitted in accordance with the following provisions:
(1)
Fences erected to enclose any or all sides of a building
plot may be of split-rail design only.
(2)
Fences erected to enclose an area used for purposes of
cultivation or recreation may be of lattice-type or mesh design only and may
not enclose an area encompassing more than ten percent (10%) of the total area
of the building plot on which they are erected.
(3)
The use of any material, including but not limited to
monofiliment, string or wire, which may impede upon public safety or be
injurious to animals or human beings, on fencing or screening of any kind is
prohibited.
(4)
No split-rail fence shall exceed four (4) feet in height,
as measured from the surrounding ground level, and no other permitted fence
shall exceed a height of six (6) feet, as measured from the surrounding ground
level.
(5)
All new or reconstructed fences shall be constructed of
materials which the building inspector has determined do not conduct
electricity.
D.
Electric fences. No electric fencing of any kind shall
hereafter be installed within the village. Electric fences already in operation
at the time of the adoption of this section shall continue to be maintained in
accordance with the provisions of then-existing law.
E.
Privacy screens.
(1)
A "privacy screen" is any fence-like structure
erected exclusively for the purpose of concealing from public view a portion of
any side of any residential dwelling, deck or open porch.
(2)
Subject to the requirements in subsections A and B, privacy
screens shall be erected in accordance with the setback requirements set forth
in § 55-10F, except when erected on or adjacent to any accessorial structure
which abuts or protrudes over the property line, in which case privacy screens
shall only be erected upon or abut such structure.
(3)
No privacy screen erected at ground level shall at any
point exceed a height of eight (8) feet, as measured from the surrounding
ground level. No privacy screen erected on an accessorial structure shall at
any point exceed a height of six (6) feet, as measured from the floor or base
on which it is erected.
§ 55-20. Private docks.
[Added
A.
No dock or other waterfront structure of any kind (whether
permanent or temporary in nature) shall hereafter be constructed on any
waterfront property or in or upon any body of water adjacent thereto without a
building permit, application for which shall be made to the Building Inspector.
B.
A permit for installation of a dock or other waterfront
structure may only be granted to the owner of improved residential property
with riparian rights on the
C.
The application for a building permit for the installation
of a dock or other waterfront structure shall comply with all provisions of
Chapter 18 of this Code, and shall include a statement from the owner of the
premises for which the application is being made, which shall be signed on such
form required by the Building Inspector, stating that the applicant is
responsible for submitting all applications or other documents required by any
governmental agency or body having regulatory jurisdiction of the proposed dock
or other waterfront structure, and stipulating that the granting of a permit
under the application does not relieve the applicant of the responsibility of
obtaining any other permission or approval from any governmental body having regulatory
jurisdiction, and also indemnifying the Village of Saltaire on behalf of the
applicant, his heirs and assignees, by such form and filing as may be required
by the Building Inspector, for any and all costs or damages that may incur for
failure to obtain permission from any governmental agency or body having
jurisdiction over the structure and for any and all costs or damages which may
be caused by or result from future operations undertaken by any governmental
agency or body now or in the future having jurisdiction for the conservation or
improvement of navigation, or for any other purposes.
D.
Any permit which was issued under this Section for a dock
or other waterfront structure may be modified, revoked or suspended by the
Building Inspector at any time if upon the determination of the
E.
Any dock or other waterfront structure constructed under
the foregoing provisions shall be constructed and thereafter maintained to:
(1)
Consist of a floating platform which does not exceed one
hundred (100) square feet in area nor twelve (12) feet on any one side, and a
walkway section that does not exceed twenty (20) feet in length nor four (4)
feet in width.
(2)
Be a floating structure, readily removable from the water
except for its pilings.
(3)
Be located in a manner to provide at all times an unimpeded
pathway of at least two (2) feet wide for pedestrian passage along the water's
edge.
(4)
Be located in a manner such that all portions of the dock
or other waterfront structure that connect to the subject property adhere to
the side yard setbacks required in §55-10 of this Code, and that all portions
of the dock or other waterfront structure on the water-ward side of that
connection maintain that required setback as if the side yard property lines
extended as parallel lines into the Great South Bay.
(5)
Be used solely for recreational, noncommercial purposes.
(6)
Be removed from and remain out of the water between
November 1 and April 30 of following year and stored either on the property on
which the dock other temporary structure is located or other location for which
the owner has permission from the property owner of each other location in a
manner so as not to be unsightly or a nuisance, in accordance with §38-4, §52-6
and any other relevant provision of the Code of the Village of Saltaire.
F.
Enforcement and Penalties:
(1)
This local law shall be enforced by the
(2)
The Enforcement of this local law shall be both by the
violation provisions hereunder, and any other civil remedies that may be
available to the
(3)
Every violation
of this Section 55-20 of the Village Code of the Village of Saltaire shall be
subject to a fine of not more than $250 or such higher amount as may be
permissible by law, per offense or violation, and each and every day that a violation of this Chapter
should exist shall be a separate violation of this Chapter which shall be punishable by
a separate and continuing fine or other penalty.
(4)
The issuance of a violation or assessment of a penalty or the issuance
or commencement of any other prosecution
or criminal proceeding by the Village shall not be deemed to be and shall not
constitute a waiver of civil or equitable remedies or an exclusive election of
remedy by the Village and the Village
may additionally or alternatively pursue civil and or equitable remedies with
regard to any violation or offense of this
Chapter at any time.
G.
Severability and Validity:
In the event
that any portion of this Local Law of 2006 shall be determined to be invalid or
unenforceable for any reason, the remainder of the Local Law shall remain in
full force and effect.
§ 55-21. Construction
and interpretation. [Amended
In any action or proceeding, the provisions
of this chapter shall be liberally construed to effectuate the basic
intendments thereof; namely, to protect and preserve the village as a
one-family private residential community, to prohibit the erection, maintenance
and operation of hotels, apartment houses, boardinghouses, rooming houses,
lodging houses, tourist houses, apartments, kitchenette apartments, duplex
apartments, furnished-room houses, dormitories, nursing homes and residences
and any structure which in whole or in part might be either rented, leased, let
or hired out for occupancy by more than one (1) family, as defined in § 55-6 of
this chapter, and to restrict and limit permitted business uses to the
districts and uses specified herein.
§ 55-22. Swimming pools.
[Added
A.
It is the intent of these regulatory provisions to
recognize, conserve and protect from pollution and damage the sensitive and
fragile barrier beach environment existing within the Village of Saltaire,
including consideration of the adjacent marine habitats and tidal wetlands, the
high groundwater table elevations, poor surface water drainage, limited water
availability, the lack of sanitary and stormwater sewerage systems and periodic
flooding and damage from storms, among other environmental considerations. It
is a further intent of these provisions to preserve the historically
established qualities in the community of peace and quiet, maximum preservation
of open spaces and respect for property owners' rights to the enjoyment of their
property while respecting their neighbors' similar rights to the enjoyment of
theirs. Of paramount importance is the intent of these provisions to ensure the
safety of young children in a family community in which, because there are no
roads and vehicular traffic is virtually nonexistent during the summer season,
children are free to wander with relatively little supervision.
B.
No private, aboveground swimming pool with a capacity of
more than five hundred (500) gallons shall be constructed, installed, operated
or maintained, except as an accessorial structure to a residential dwelling
located on the same building plot.
C.
On building plots of not less than ten (10) contiguous lots
in the lotted areas and not less than twenty thousand (20,000) square feet in
the unlotted areas of the village, and subject to the provisions hereinafter
described, private, aboveground swimming pools may be installed, used and
maintained as an accessory to a residential dwelling. Such residential
dwellings shall meet the minimum floor area requirements provided in § 55-12.
[Amended
D.
Location.
(1)
No private, aboveground swimming pool or its appurtenant
decking, fencing and facilities shall be located beyond any required setback
from the front line or any other building plot boundary line.
(2)
Any such pool shall be located a minimum of seventy-five
(75) feet from any wetland as defined in, and shall conform to, all applicable
provisions of the New York State Tidal Wetlands Act and the rules and regulations
thereunder (6 NYCRR 661).
(3)
No such pool shall be located within any ground surface
depression subject to surface water ponding after periodic overflowing tides or
heavy rainfall, nor shall it be located so as to interrupt the overland flow of
surface water runoff.
E.
Fill water supply.
(1)
Fill water supply shall not be obtained from a private well
source.
(2)
Fill water obtained from tidal waters shall be drawn in a
manner designed to protect the marine habitat and its inhabitants and approved
by the New York State Department of Environmental Conservation.
(3)
Fill water supply obtained by connection to the village
water supply system shall be subject to the installation of a backflow
preventer approved by the Suffolk County Department of Health.
(4)
No water shall be drawn for the purpose of filling a pool
without the issuance of a pool water filling permit from the Building
Inspector. Such permit will specify the number of gallons to be drawn and the
date and time at which the pool may be filled. In case of a water emergency,
such permit may be temporarily rescinded or denied.
F.
Discharge water disposal.
(1)
Water from a private aboveground swimming pool shall be
discharged only into a dry well dedicated solely to such use. Such dry well
shall be designed and constructed to contain any adverse impact from the
discharge to the property on which the pool is located. The discharge rate
capacity of such dry well shall be certified by a New York State-licensed
engineer, and such certification shall be filed with the Building Inspector.
The dry well shall be set back a minimum of seventy-five (75) feet from any
body of water and from any wetland as defined in and shall conform to all
applicable provisions of the New York State Tidal Wetlands Act and the rules
and regulations thereunder. Such well shall also conform to the applicable
provisions of the New York State Sanitary Code and the rules and regulations of
the Suffolk County Department of Health.
(2)
The discharge of pool water onto the surface of the ground
or into any body of water or wetland is specifically prohibited.
(3)
No discharge of pool water shall be undertaken without the
issuance of a pool water discharge permit by the Building Inspector.
G.
Pool equipment.
(1)
Any mechanical pool equipment that emits noise shall be of
a type designed to minimize such emissions, located in a sound-absorbent
housing so as to be inaudible beyond the property lines on which the pool is
located and shall be in conformance with the applicable provisions of Chapter
36, of the Village Code, relating to noise.
(2)
Every swimming pool shall have a closed filtration system
equipped with a replaceable cartridge-type filter. Backwashing filters are
specifically prohibited.
(3)
Every swimming pool shall be equipped with a suitable
protective pool cover designed to inhibit algae buildup, keep the pool clean
and restrain people, pets and wildlife from entering the pool when it is not in
use. Such cover shall be of sufficient strength so that, when fastened in
place, it will support a minimum dead weight of two hundred (200) pounds. The
pool cover shall be fastened securely and locked in place over the pool at all
times that the premises are left unoccupied for a period of twenty-four (24)
hours or longer.
(4)
Any electrical device used in the operation or lighting or
maintenance of a pool shall be equipped with a ground fault interrupter. Such
ground fault interrupter and all such electrical devices shall carry the seal
of approval of the Underwriters' Laboratories, Inc.
(5)
No pool area lighting shall be installed, maintained or
used that casts any light beyond the property lines within which the pool is
located or whose light source is visible beyond such property lines. Pool
lighting shall be extinguished between
(6)
No radio, phonograph, public-address system or other
sound-emitting device shall be installed or operated in or around the pool area
except through a private, personal listening device or when operated at a
volume not audible beyond the property lines within which the pool is located.
(7)
No banners, pennants or other decorative devices likely to
attract children shall be displayed at any part of a pool area that is visible
from beyond the property lines within which the pool is located.
(8)
Every pool shall have at-hand such safety equipment as the
Board of Trustees may from time to time prescribe.
H.
Fencing.
(1)
A durable restrictive fence not less than four (4) feet
higher than the top of the pool shall be erected and maintained, continuously
enclosing every pool and its related deck area. Such restrictive fence shall be
designed in such a manner that the pool area is not accessible from any
adjacent external high ground, tree or structure.
(2)
Restrictive fences shall be constructed of wood and
otherwise comply with §55-19 of the Village Code and shall be formed so that
the pool is completely enclosed and screened from outside view. There shall be
no open spaces in the fence construction greater than two (2) inches in one (1)
dimension.
(3)
One (1) or more walls of the dwelling may constitute a part
of the restrictive enclosure.
(4)
Any gate or opening in the enclosure other than an opening
through the residential dwelling shall be fitted with self-closing and
self-latching devices equipped with a deadlock located at a height of at least
three (3) feet six (6) inches above the adjacent ground or walk. In the case of
a pool to which access is by way of a ladder, such ladder shall be
spring-loaded so that when not in use it will rise to a level at least equal to
the top of the fencing.
I.
Fire emergency water access required. Owners of private
aboveground swimming pools, as a condition of any permit issued to maintain
such pool, shall provide access to the water therein for use by the Fire
Company in times of fire emergency.
J.
Permit procedure; certificate of compliance; water filling
and discharge permits.
(1)
No swimming pool shall be constructed, installed, altered
or maintained without a permit issued by the Village.
(2)
Applications for a permit for the construction, erection,
installation or alteration of any private, aboveground swimming pool shall be
submitted to the Building Inspector. Such applications shall include all
drawings, plans and specifications necessary to ascertain that the pool will be
in compliance with the provisions of this section. Prior approval of the
applicable portions of such plans and specifications must be obtained from the
Department of Environmental Conservation, the Fire Island National Seashore,
the Suffolk County Department of Health and any other authority having
jurisdiction, including the New York Board of Fire Underwriters, and evidence
of such approval shall accompany every permit application submitted to the
Building Inspector.
(3)
Plans and drawings shall include survey data as to property
lines, site elevation and drainage and shall show existing and proposed
buildings and decks, dry wells, and the proposed location and configuration of
the swimming pool. Specifications shall include detailed information as to
construction of the swimming pool and related structures, the water supply and
circulatory systems, the pool's water discharge system and any other proposed
appurtenances. In no event shall any permit or certificate issued pursuant to
the provisions of this chapter have the effect of restricting, limiting or
inhibiting or threatening to restrict, limit or inhibit the issuance of any
building permit or the availability of water supply to the village, or any
structure thereof, pursuant to any provision of this Code or any other law or
regulation.
(4)
Upon completion of the construction and installation of a
private in-ground swimming pool and subject to the owner obtaining the written
certification of a New York State-licensed engineer that the installation meets
the state standards for construction and for dry well discharge rate, the owner
may apply to the Building Inspector for a certificate of compliance,
authorizing the use of the pool.
(5)
All certificates of compliance shall be subject to an
annual inspection of the pool facility by the Building Inspector to establish
that it continues to be in compliance with all the provisions of this section,
that all mechanical, health and safety devices are in good repair and working
order and that the pool facility conforms to the operational standards of the
New York Sanitary Code and the rules and regulations of the Suffolk County
Department of Health. Such annual inspection must be applied for by the owner
each year during such period of time as the Board of Trustees shall from time
to time determine. The inspection will be conducted in time to ensure the
owner's timely seasonal use of the pool.
(6)
Upon completing his inspection and finding a satisfactory
condition, the Building Inspector shall issue a certificate of compliance valid
for a period of one (1) year. If the Building Inspector finds an unsatisfactory
condition, he shall notify the owner promptly in writing and withhold the
certificate until such time as the condition has been corrected.
(7)
The Building Inspector shall issue a pool filling permit
and a pool discharge permit designating approved times for such filling or
draining to owners of pools which have current certificates of compliance. No
pool shall be filled or drained unless and until an appropriate certificate has
been issued.
(8)
The Board of Trustees may establish from time to time by
resolution a fee structure for filing applications and for the issuance of
building permits, certificates of compliance, pool filling permits and pool
discharge permits.
K.
Discontinuance.
(1)
Any owner of a private, aboveground swimming pool who fails
to correct an unsatisfactory condition of which he has been notified in writing
within one (1) year after such notification shall be deemed to have abandoned
the pool and shall be required to remove the pool and restore the site to a
safe condition.
(2)
Any owner of a private, aboveground swimming pool who fails
to apply for a certificate of compliance during a period of one (1) year from
the termination date of a previously issued certificate of compliance shall be
deemed to have abandoned the pool and shall be required to remove the pool and
restore the site to a safe condition.
§ 55-23. Powers of Board.
The Board shall have the power to institute
any action or proceeding in courts of competent jurisdiction to restrain,
correct, remove or abate any violation of the provisions of this chapter.
[1] Editor’s Note: This local law also provided that former § 55-22, Powers of Board, be renumbered to become § 55-23.