§ 91-11. Dwellings., Article III. District Regulations, Chapter 91. Zoning, Code of Ordinances, Huntington Bay

General. The requirements of this section provide minimum standards and shall apply to all new dwellings and to reconstructions, alterations and conversions of such structures existing prior to the adoption of this chapter.

[Amended 8-11-2009 by L.L. No. 5-2009]

Limitation.

[Amended 2-13-2006 by L.L. No. 3-2006; 8-11-2009 by L.L. No. 5-2009]

(1)

Height.

(a)

In a residence district, dwellings shall not be of a height of more than 2 1/2 stories or 35 feet.

(b)

In the Waterfront Preservation Districts, dwellings shall not be of a height of more than 2 1/2 stories or 30 feet.

(2)

Minimum size. Every dwelling shall have a ground floor livable area of not less than 900 square feet; except that for a dwelling with an attached garage the livable area of the ground floor may be reduced to 600 square feet, provided that there is a second story with at least 400 square feet of finished livable area. The term "livable area" shall be construed as applying to space in which persons normally live and shall include only living rooms, dining rooms, bedrooms, kitchens, bathrooms, closets containing not more than 15 square feet for each such room and only such rooms as are finished and accessible directly or by permanent stairs.

(3)

Every dwelling shall contain at least a living room, a bedroom, a kitchen and a bathroom. Each kitchen shall contain at least a refrigerator, a stove and a sink. Each bathroom shall contain a tub or shower bath, a sink and a water closet.

(4)

No existing dwelling shall be changed or altered so that it fails to comply with the provisions of this section.

Toilet facilities. In every building where there is continuous human occupancy, there shall be at least one bathroom, properly connected with the drainage and vent systems. No bathrooms shall be placed outside of a building.

[Amended 8-11-2009 by L.L. No. 5-2009]

With every dwelling, there shall be provided an enclosed garage to house at least one automobile. Said garage may be attached to or form part of the dwelling.

[Amended 8-11-2009 by L.L. No. 5-2009]

Site plan review.

[Amended 5-1-2006 by L.L. No. 5-2006]

(1)

Applicability. Uses and construction requiring site plan approval by the Board of Trustees. Site plan approval shall be required for all permitted principal uses, special uses, accessory uses and nonresidential uses:

[Amended 10-16-2006 by L.L. No. 6-2006; 8-11-2009 by L.L. No. 5-2009; 1-5-2012 by L.L. No. 9-2012]

(a)

Waterfront Preservation Districts. All proposals for development in the Waterfront Preservation Districts require site plan review. The visual impact of proposed development shall be minimized in terms of views from the site and adjacent roads to Huntington Bay or Huntington Harbor and from Huntington Bay or Huntington Harbor to the site. Analysis shall consider the materials used, the massing of buildings, the scale of development, the view of the water from residences upland of the site and the use of landscaping and natural growth. The possible intrusion of new development on the visual setting of the existing dwellings and/or historic structures on nearby properties shall also be evaluated, as well as the possible impact on wetlands. Site design and construction management shall be undertaken in a manner so as to prevent adverse effects from erosion, siltation and flooding.

(b)

Village-wide.

[1]

Village-wide (excluding the Waterfront Preservation Districts). All proposals for development elsewhere in the Village require site plan review for construction of a new building and/or an enclosed structure in excess of 80 square feet, or for the alteration or reconstruction of an existing building or enclosed structure when such alteration or reconstruction involves in excess of 20% of the floor area square footage of the buildings or enclosed structures; or

[2]

Village-wide (including the Waterfront Preservation Districts). All proposals for clearing or grading activities when more than 2,000 square feet of area or 20% of the lot area is impacted; where the import or export of 100 cubic yards of soil and/or debris results; and where a preexisting drainage condition, including the rerouting or blockage of off-site flow through the property, is altered.

(2)

Required elements. The elements to be included on site plans shall consist of, but are not limited to, the following, where appropriate: parking, means of access, screening, signs (to the extent permitted elsewhere in the Code), landscaping, location and dimensions of buildings, adjacent land uses and owners, physical features meant to protect adjacent land uses, existing and proposed drainage structures.

(3)

Information to be submitted.

(a)

Each application for a building permit subject to site plan review shall be submitted to a Village Building Inspector on the prescribed form, together with the appropriate fees. In addition to the information required to be submitted therewith under any other local law, such application shall be accompanied by the following:

[1]

Three copies of the site plan addressing the relevant criteria.

[2]

A survey showing the applicant's entire property and any adjacent streets, rights-of-way, if any, or easements. The survey shall depict all existing structures and improvements on the property, including but not limited to buildings, retaining walls, driveways, decks, drainage structures, etc. The survey shall include topographic information and locate all trees of greater than eight-inch caliber measured three feet above surrounding grade. The survey must have been dated and issued within one year of the date of application.

[3]

Proof of ownership of the property.

[4]

Copies of covenant or deed restrictions applicable to or intended to cover the site.

[5]

Copies of any legal instruments covering any streets, rights-of-way, if any, or easements.

[6]

A topographic map.

[7]

Village of Huntington Bay environmental assessment form.

[8]

Existing and proposed grading, erosion control, landscape and drainage information.

[Added 10-16-2006 by L.L. No. 6-2006]

(b)

Waivers.

[Amended 10-16-2006 by L.L. No. 6-2006]

[1]

The Village may waive, in its discretion, the submission of any of the foregoing requirements in the case of an application for a building permit covering alterations or additions to existing structures. All such plans and drawings must bear the signature and seal of a New York State licensed professional.

[2]

The Village may waive in its discretion, the submission of any of the foregoing requirements in the case of site plan review generated by actions identified in § 91-11E(1)(a)[2][b]. The applicant must at a minimum submit a plan detailing the location of grading activity, tree removal, soil import/export for review and supporting documentation detailing/supporting the requested waiver. The Village Building Inspector will review the submitted documents, conduct a site visit and determine if a waiver of the site plan process is permissible. The determination of a waiver of process shall be based on a conclusion that the proposed action will not result in significant alteration of existing drainage patterns and/or existing visual buffers or view corridors.

(4)

General considerations.

(a)

In reviewing site plans, consideration shall be given to the public health, safety and welfare and to the comfort and convenience of the public in general, of the residents of the community at large and of the immediate neighborhood in particular.

(b)

In reviewing site plan applications, the Board of Trustees shall give consideration to, but shall not be limited by, the following factors, among others:

[Amended 1-5-2012 by L.L. No. 9-2012]

[1]

That all proposed vehicular and pedestrian accessways are adequate in width, grade, alignment and visibility, are not located too near street corners and other similar design and safety considerations.

[2]

That sites are reasonably screened from the view of adjacent and/or nearby parcels and streets and that the general landscaping and general character of the site is such as to enhance the character of the Village and local community and is in character with the neighborhood. The site plan shall include an analysis of existing and proposed additional landscape improvements to comply with the intent of this section.

[3]

That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. The Board of Trustees may require an applicant to submit a plan showing all such existing trees and/or all existing vegetation. If review pursuant to this section is required, no land clearing shall be conducted except pursuant to the approved site plan and not until the site plan approval has been filed and a building permit issued by the Building Inspector. The site plan shall identify all steep slope areas within the property. The site plan shall include an analysis of compliance with the Village Steep Slope Ordinance.

Editor's Note: See Ch. 73, Steep Slopes.

[4]

That all outdoor lighting is of such nature and design and arranged so as to preclude the diffusion of glare onto adjoining properties and streets.

[5]

That building facades are compatible with the surrounding area.

[6]

That the drainage system and layout proposal will afford an adequate solution to any reasonably anticipated drainage problems. The site plan shall provide information regarding the capacity of the existing stormwater drainage facilities on the site. The applicant shall provide sufficient drainage to comply with the Village Code. In cases where renovation or expansion of an existing building is proposed, the site plan shall provide sufficient drainage volume to accommodate all renovated structures and new structures. In the event that the applicant is renovating/expanding more than 50% of the building, the floor area of the entire building shall be considered in the drainage computation. The site plan shall include provisions for control of erosion during the construction process and after construction is complete. The erosion controls proposed shall be consistent with New York State Department of Environmental Conservation criteria.

[7]

That the general health, safety and welfare of the Village and the local community are not negatively affected by the proposed site plan.

[8]

That the proposed site plan will provide development in harmony with, and which will have a positive influence upon, the community.

(5)

Considerations relating to Waterfront Preservation Districts. The visual impact of proposed development shall be minimized in terms of views from the site and adjacent roads to Huntington Bay or Huntington Harbor and from Huntington Bay or Huntington Harbor to the site. Analysis shall consider the materials used, the massing of buildings, the scale of development, the view of the water from residences upland of the site and the use of landscaping and natural growth. The possible intrusion of new development on the visual setting of the existing dwellings and/or historical structures on nearby properties shall also be evaluated, as well as the possible impact on wetlands. Site design and construction management shall be undertaken in a manner so as to prevent adverse effects from erosion, siltation and flooding. All site plans must be prepared by a New York State licensed professional engineer, architect or landscape architect.

[Amended 8-11-2009 by L.L. No. 5-2009]

Accessory apartments. Conditions for approval. No premises may be used or occupied as an accessory apartment, except in compliance with the following conditions:

[Added 3-21-2005 by L.L. No. 3-2005]

(1)

Single-family owner-occupied lots. Accessory apartment facilities shall be permitted only on single-family, owner-occupied parcels of land. The single-family dwelling must be the principal residence of the owner of the accessory apartment. The principal use of the property shall remain that of a single-family residential dwelling.

(2)

Permitted occupants.

[Amended 2-12-2007 by L.L. No. 1-2007]

(a)

Occupancy by domestic employees/caretakers. At least one of the occupants of the accessory apartment must be employed substantially full-time as a domestic employee and/or caretaker at the premises where the accessory apartment is located. The maximum occupancy of the accessory apartment under this subsection is three persons; or

(b)

Occupancy by family members. At least one of the occupants of the accessory apartment must be related by blood, marriage, or adoption to one of the owners or occupants of the principal dwelling on the lot where the accessory apartment is located. The maximum occupancy of the accessory apartment under this subsection is three persons.

(3)

Location, size and number of units.

(a)

An accessory apartment may be located in the principal dwelling building; provided that such principal building either has a certificate of occupancy or qualifies for a certificate of occupancy.

(b)

An accessory apartment may be alternatively located in an accessory building such as a barn or garage, provided that such accessory building either has a certificate of occupancy or qualifies for a certificate of occupancy.

(c)

There shall be no more than one accessory apartment permitted per one family building lot. An accessory apartment is not permitted on any lot where two dwelling units already exist, regardless of whether one is a prior nonconforming dwelling unit or not.

(d)

An accessory apartment shall be limited to a gross floor area of no more than 400 square feet.

(4)

Design. The architectural treatment of the structure shall be such as to maintain the character of the single-family dwelling unit. Only one main entrance shall be permitted on the front side of the building, and all other entrances shall be at the side or in the rear, except that, for a corner lot, there may be a single main entrance on that side of the building which has been established as the front side, and all other entrances are to be at the rear of the building, if possible.

(5)

Sanitary approval. A certificate of approval shall be obtained from the Suffolk County Department of Health Services as may be applicable, for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the accessory apartment on any premises where such conversion is proposed.

(6)

Certificate of occupancy. No premises within the Village may be used or occupied as an accessory apartment prior to Building Inspector approval and the issuance by the Building Inspector of a certificate of occupancy. Before the issuance of a certificate of occupancy, the Building Inspector shall inspect the structure proposed to be used for an accessory apartment. The inspection shall determine whether or not the structure is structurally sound. No certificate of occupancy shall be issued without a determination by the Building Inspector that the structure is structurally sound.

(7)

Inspections. Inspections for compliance, as required by the Building Inspector, will be made and a certificate of occupancy incorporating all site plan conditions must be secured prior to the use of the accessory apartment. Periodic inspections will be made by the Building Inspector to verify compliance with the certificate of occupancy. Refusal by the property owner or the tenant of an inspection of the premises by the Building Inspector may be grounds for revocation of the certificate of occupancy.

(8)

No rentals. Rental of an accessory apartment is prohibited.